Marvin Anthony Matthews v. State of Tennessee (Tony Parker, Warden)
The Petitioner, Marvin Anthony Matthews, appeals the lower court’s denial of his petition |
Lauderdale | Court of Criminal Appeals | |
Marcus Terry A/K/A Marcus Benson, A/K/A Torian Benson v. Tommy Mills, Warden
The Petitioner, Torian Benson,1 appeals the lower court’s denial of his petition for habeas corpus. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. As we conclude that the Petitioner has failed to allege a claim upon which habeas corpus relief may be granted, we affirm the trial court’s dismissal. |
Shelby | Court of Criminal Appeals | |
Marvin Anthony Matthews v. State of Tennessee
The Petitioner, Marvin Anthony Matthews, appeals the lower court’s denial of his petition for post-conviction relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. As we conclude that the petition for post-conviction relief was time-barred, we affirm the trial court’s dismissal. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. John William Matkin, III
The defendant, John William Matkin, III, was convicted by a Sevier County Circuit Court jury of voluntary manslaughter, a Class C felony, and was sentenced as a Range I, standard offender to serve six years in the Department of Correction. In this appeal, he claims that the evidence is insufficient to sustain the conviction, that the trial court committed reversible error with respect to the jury instructions, and that he was improperly sentenced. Upon review, we hold that the defendant is not entitled to relief and affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
Edward Ray Armstrong v. State of Tennessee
The Petitioner, Edward Ray Armstrong, appeals as of right from the judgment of the Dyer County Circuit Court denying post-conviction relief. In 2006, the Petitioner pled guilty as a Range I, standard offender to theft of property valued at $1000 or more but less than $10,000, a Class D felony. Following a sentencing hearing, the trial court imposed a three-year sentence. On appeal, the Petitioner argues that he received the ineffective assistance of counsel due to trial counsel’s failure to subpoena his medical records and to adequately prepare for trial. After a review of the record, we affirm the judgment of the post-conviction court. |
Dyer | Court of Criminal Appeals | |
Sean Williams v. State of Tennessee
The petitioner, Sean Williams, was convicted of first degree (premeditated) murder and sentenced to life imprisonment. He filed a petition for post-conviction relief and alleged that he received ineffective assistance of counsel at trial, which was denied by the post-conviction court following a hearing. On appeal, he contends that the post-conviction court erred in denying his petition and specifically contends that trial counsel was ineffective for failing to secure a jury instruction for facilitation. After review, we conclude that trial counsel was not ineffective, and we affirm the judgment from the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Darnell Lavelle Welch v. State of Tennessee
The petitioner, Darnell Lavelle Welch, appeals the post-conviction court’s denial of his petition for post-conviction relief. On appeal, he argues that he received the ineffective assistance of counsel. After a thorough review of the record and the parties’ briefs, the judgment of the post-conviction court denying post-conviction relief is affirmed. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Andreco Boone
The defendant, Andreco Boone, appeals his conviction of aggravated robbery, a Class B felony. He contends that the evidence was insufficient to support his conviction and that the trial court improperly admitted a photo spread during the trial. After careful review, we affirm the judgment from the trial court. |
Shelby | Court of Criminal Appeals | |
Marshall Donnell Johnson v. State of Tennessee
The petitioner, Marshall Donnell Johnson, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred by finding that he received effective assistance of trial counsel and entered his guilty plea knowingly and voluntarily. Following our review, we affirm the denial of the petition. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. William Earl Robinson
The defendant, William Earl Robinson, pled guilty to one count of rape, a Class B felony, and was sentenced to eight years in confinement. His sentence was suspended and he was placed on probation with credit for time served. The defendant was subsequently arrested for violation of probation. Following a hearing, his probation was revoked and he was remanded into custody for the remainder of his original sentence. The defendant appeals the revocation of his probation and argues that the trial court erred by placing his entire sentence into effect. We affirm the decision of |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Christopher Carter - Dissenting
I respectfully dissent from the majority’s holding that sufficient evidence supports the defendant’s conviction of the aggravated assault of Michael Langston. My departure centers around the assault element of “caus[ing] another to reasonably fear imminent bodily injury.” See T.C.A. § 39-13-101 (a)(2) (2006). |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Christopher Carter
A Shelby County grand jury indicted the defendant, Christopher Carter, on five counts of aggravated assault. Following a jury trial, the defendant was convicted of one count of aggravated assault, a Class C felony, and one count of assault, a Class A misdemeanor. The state dismissed the remaining counts, and the trial court sentenced the defendant to fifteen years in the Department of Correction as a career offender. On appeal, the defendant contends that the evidence produced at trial was insufficient to support the jury’s guilty verdicts. After reviewing the record, we conclude that the evidence produced at trial was sufficient to support the defendant’s convictions, and we therefore affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. James Taylor, Jr.
The defendant, James Taylor, Jr., was found guilty by a Lauderdale County jury of aggravated assault (Class C felony) and assault (Class A misdemeanor). He was sentenced to six years for his aggravated assault conviction and to eleven months and twenty-nine days for his assault conviction. On appeal, he contends that: (1) the evidence was insufficient to support either of his convictions; (2) the trial court erred in failing to dismiss the aggravated assault indictment because it did not allege the type of deadly weapon used by the defendant; (3) the trial court should have excluded testimony that the defendant was the subject of a restraining order; and (4) his sentence was improper. After review, we conclude that no reversible error exists and affirm the judgments from the trial court. |
Lauderdale | Court of Criminal Appeals | |
Billy Meeks v. Ricky J. Bell, Warden
In 1990, Appellant, Billy Merle Meeks, was convicted, following a jury trial, of aggravated kidnapping, especially aggravated robbery, especially aggravated burglary, and extortion. He received an effective sentence of thirty-nine (39) years. On October 29, 2004, he filed a petition for writ of habeas corpus in the Circuit Court of Davidson County. A "Motion to Dismiss" was filed by Respondent on November 29, 2004, and the trial court entered an order summarily dismissing the petition on March 10, 2005. Appellant has appealed from the trial court's dismissal of the petition. The State has filed a motion for this Court to affirm the dismissal pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Finding merit in the motion, we grant same and affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Timmy Charles McDaniel v. State of Tennessee
The petitioner, Timmy Charles McDaniel, entered pleas of guilty to first degree felony murder and especially aggravated burglary in exchange for concurrent sentences of life without the possibility of parole and 12 years, respectively. Following his incarceration, the petitioner filed a petition for post-conviction relief alleging that his guilty pleas were not knowingly and voluntarily entered because he was denied the effective assistance of counsel. In this appeal, he challenges the denial of his petition for post-conviction relief and reasserts his claim that his guilty pleas were not knowingly, voluntarily, and intelligently entered. Finding no error, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Kenny Ray O'Dell
Defendant appeals his sentences as a result of guilty pleas to two counts of robbery, a class C felony. Defendant was sentenced by the trial court as a Range I Standard Offender to one six-year term for case number 0015 to be served in the Tennessee Department of Correction and one six-year term, suspended, for case number 0016 to be served on probation. Defendant was also ordered to pay $6,999.00 in restitution for case number 0015 and $621.00 in restitution for case number 0016. The sentences are to be served consecutively. On appeal Defendant argues that he should have received a sentencing alternative other than incarceration and that the sentences should have been ordered to be served concurrently with each other. He does not challenge the length of the individual sentences or the amounts of restitution. After a thorough review of the record, we affirm the judgments of the trial court. |
Cocke | Court of Criminal Appeals | |
Timothy Roberson v. State of Tennessee
The Petitioner, Timothy Roberson, appeals the denial of his motion to reopen his post-conviction petition that alleged ineffective assistance of counsel. This Court is without jurisdiction to entertain this issue because the Petitioner has failed to comply with the statutory requirements governing review of a denial of a motion to reopen. See Tenn. Code Ann. § 40-30-117. Also, in this appeal, the Petitioner, convicted of first degree murder and especially aggravated robbery in 1995, challenges the denial of his motion for a sample of his own blood. The Petitioner sought to determine his blood type in order to compare it with the blood type found on a towel in the victim’s residence. The court determined that the motion for the Petitioner’s blood sample should be denied as there was substantial evidence of the Petitioner’s guilt presented at trial. Finally, the Petitioner appeals the dismissal of his petition for a writ of error coram nobis that alleged newly discovered evidence in the context of a Brady v. Maryland, 373 U.S. 83 (1963), violation. The coram nobis court1 concluded that any relief was time-barred and that the Petitioner had failed to state a cognizable claim. We affirm the judgment of the Gibson County Circuit Court. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. James Alton Campbell a/k/a Jamie Campbell
The defendant, James Alton Campbell, was convicted of aggravated assault and sentenced as a Range III, persistent offender to 15 years’ incarceration. In this appeal, he challenges the sufficiency of the evidence, the admission of a photograph depicting the victim’s injury, and the length of his sentence. Finding no reversible error, we affirm the judgment of the trial court. |
Grundy | Court of Criminal Appeals | |
Roger T. Johnson v. Wayne Brandon, Warden
The petitioner, Roger T. Johnson, appeals from the trial court’s denial of his petition for habeas corpus relief from his convictions for first degree murder and second degree murder. Because we find that the petitioner has failed to allege a cognizable claim for habeas corpus relief, we affirm the denial of the petition. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Teresa L. Herman - Dissenting
I believe that the trial court acted well within its authority in granting Appellee credit against the full forty-eight hours of incarceration ordered as a result of her conviction first offense DUI. I would not grant the State’s request to treat this appeal as a common law writ of certiorari and I would dismiss the appeal. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Teresa L. Herman
The defendant, Teresa L. Herman, pled guilty to possession of marijuana and driving under the influence (DUI). For each offense, she was sentenced to eleven months and twenty-nine days, to be served consecutively. The sentences were to be suspended after the defendant served forty-eight hours in a jail or workhouse as required by Tennessee Code Annotated section 55-10-401(a)(1) (2004). At the defendant’s request, the trial court granted the defendant jail credit for time she spent during an inpatient evaluation for competency to stand trial, which credit was to apply toward the mandatory service of forty-eight hours in a jail or workhouse. On appeal, the State challenges the trial court’s authority to grant such credit. Upon review of the record and the parties’ briefs, we conclude that the defendant was entitled to sentencing credit to be applied toward the satisfaction of her sentence; however, the credit should not have applied toward the mandatory service of fortyeight hours in the jail or workhouse. Therefore, we must remand to the trial court for further proceedings consistent with this opinion. |
Davidson | Court of Criminal Appeals | |
Paul S. Bush v. State of Tennessee
The petitioner, Paul S. Bush, appeals the dismissal of his petition for post-conviction relief andcontends that he received ineffective assistance of counsel regarding his guilty plea. Specifically,the petitioner argues that counsel met with him only three or four times, failed to sufficiently reviewthe plea agreement with him, told him he had to take the plea, made no attempt to have him mentallyevaluated, failed to file a motion to suppress, and failed to review discovery materials with him priorto entering his guilty plea. After careful review, we conclude that no error exists and affirm thejudgment from the post-conviction court. |
Macon | Court of Criminal Appeals | |
State of Tennessee v. Denise Wiggins
The Appellant, Denise Wiggins, was convicted by a Shelby County jury of one count of aggravated child abuse and one count of aggravated child neglect of her five-year-old daughter. The trial court subsequently merged the two Class A felonies into a single conviction for aggravated child abuse. Following a sentencing hearing, Wiggins was sentenced to twenty years imprisonment as a violent offender. On appeal, Wiggins raises two issues for our review: (1) whether the evidence is sufficient to support the convictions; and (2) whether the sentence imposed is excessive. After review, we conclude that the evidence is sufficient to support Wiggins’ conviction for aggravated child abuse. We conclude, however, that the evidence is legally insufficient to support her conviction for aggravated child neglect. With regard to sentencing, we remand for resentencing based upon the misapplication of enhancing factors and for adherence with the holding of Blakely v. Washington. |
Shelby | Court of Criminal Appeals | |
Roy Nelson v. State of Tennessee
The petitioner, Roy Nelson, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he received effective assistance of counsel. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Willie Paul Watson
The appellant, Willie Paul Watson, was convicted by a jury in the Dyer County Circuit Court of two counts of assault, and he received a total effective sentence of eleven months and twenty-nine days, suspended after service of ninety days. On appeal, the appellant argues that the trial court should not have required him to serve ninety days of his sentence. Upon our review of the record and the parties’ briefs, we affirm the judgments of the trial court. |
Dyer | Court of Criminal Appeals |
