State of Tennessee v. Jereme Walker Amis
The Defendant, Jereme Walker Amis, was convicted in the Benton County Circuit Court of possession of a firearm after having been convicted ofa felony crime of violence, a Class B felony, possession of a firearm after having been convicted of felony drug offense, a Class C felony, and violating the conditions of his community supervision, a Class E felony. After a sentencing hearing, the trial court merged the convictions ofpossessing a firearm and sentenced himto an effective sentence of twenty-four years in confinement. On appeal, the Defendantcontends thatthe trial court committed plain errorby refusing to accept his offer to stipulate tohis prior felony convictions,that the trial court abused its discretionby denying his request to bifurcatethe chargeofviolating the conditions of his community supervision, and that his effective sentence is excessive. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court. |
Benton | Court of Criminal Appeals | |
State of Tennessee v. Scott A. Stiner
The Defendant, Scott A. Stiner, was convicted by a Union County Criminal Court jury of soliciting sexual exploitation of a minor, a Class C felony, and four counts of aggravated sexual battery of a child less than thirteen years of age, a Class B felony. See T.C.A. §§ 39-13-529(soliciting sexual exploitation of a minor)1(2018)(subsequently amended), 39-13-504 (aggravated sexual battery) (2018)(subsequently amended). The trial court sentenced the Defendant to an effective fifty-four-year sentence. On appeal, the Defendant contends that (1)he did not receive a fair trial because the allegations and acts that constitute the basis of the convictions were different than the allegations in the indictment and the bill of particulars;(2) the court erred by failing to sever the offenses during the trial; (3) the evidence is insufficient to support his aggravated sexual battery of a child less than thirteen years of age conviction in Count 6;(4) he did not receive a unanimous verdict for aggravated sexual battery in Count 3; (5) the court erred by denying his motion for a mistrial; (6) the court erred in admitting evidence in contravention of Tennessee Rule of Evidence 404(b); (7) the court erred in admitting a diagram that was not properly authenticated; (8)the court erred by allowing expert testimony that went beyond the scope of the witness’s expertise; and (9) the court erred by ordering consecutive sentencing on all counts. We affirm the judgments of the trial court. |
Court of Criminal Appeals | ||
State of Tennessee v. Thomas Koontz
Defendant, Thomas Koontz, appeals the judgment of the Criminal Court for Hamblen County revoking his probation and ordering execution of his original eight‑year, |
Court of Criminal Appeals | ||
State of Tennessee v. Scott A. Stiner - Concurring
I agree with the majority in affirming the trial court’s judgments and legal conclusions, save for one issue. I write separately to express my disagreement with the majority opinion regarding the trial court’s decision to admit evidence of an uncharged sexual assault of a baby pursuant to Tennessee Rule of Evidence 404(b). I would find that the introduction of this evidence was in error; however, I would further find that the error was harmless in these circumstances and would affirm the convictions despite the error. |
Court of Criminal Appeals | ||
STATE OF TENNESSEE v. MAWULE TEPE
The Defendant, Mawule Tepe, has filed a pro se petition seeking the recusal of |
Bradley | Court of Criminal Appeals | |
Verchaunt Joshua Williams v. State of Tennessee
The pro se Petitioner, Verchaunt Joshua Williams, has filed an application for permission to appeal the trial court’s order denying his motion to reopen his prior post-conviction petition. Tenn. Code Ann. § 40-30-117; Tenn. Sup. Ct. R. 28, Sec. 10(B). For the reasons stated below, the Court hereby denies the Petitioner’s application. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Louis L. Steele
Defendant, Louis L. Steele, was convicted by a Hardeman County Jury of one count of indecent exposure in a penal facility, and the trial court imposed a Range II, three-year sentence to be served in the Department of Correction, consecutively to his Davidson County sentence. On appeal, Defendant argues that the evidence was insufficient to support his conviction. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Ulester A. Cross
Defendant, Ulester A. Cross, pled guilty to three counts of driving while his license was suspended, and one count each of simple possession of marijuanaand introducing contraband into a penal facility. He received an effective sentence of four years as a Range I offender, to be served on probationfollowing service of forty-five days. Following a hearing on a warrant for violation of his probation, the trial court revoked Defendant’s probation and ordered him to serve the balance of his original sentence incarcerated. Defendant appeals, arguing that the trial court erred in revoking probationwithout making sufficient findings. Following a review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Danterrio Devonta Poplar
A Hardeman County jury convicted the Defendant, Danterrio Devonta Poplar, of evading arrest in a motor vehicle while creating a risk of death or injury to others. The trial court imposed a three-year sentence, with 75 days of incarceration and the balance to be served on supervised probation. On appeal, the Defendant argues that the prosecutor improperly vouched for the credibility of law enforcement witnesses during voir dire and rebuttal closing argument and that the trial court should have given a curative instruction following the prosecutor’s statement. Upon our review, we respectfully affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
Xavier Young v. State of Tennessee
The Petitioner, Xavier Young, appeals the Shelby County Criminal Court’s denial of postconviction |
Shelby | Court of Criminal Appeals | |
Devan Denton v. State of Tennessee
A Shelby County jury convicted the Petitioner, Devan Denton, of several crimes, including three counts of aggravated rape. The trial court sentenced the Petitioner to an effective sentence of fifteen years to be served in the Tennessee Department of Correction, and the Petitioner wassubsequentlyhoused in the Turney Center Industrial Complex in Hickman County, Tennessee. However, he was temporarily moved to the Shelby County Jailfor proceedings stemming from his post-conviction petition. While being held in Shelby County, the Petitioner filed a petition for habeas corpus relief, which the habeas corpus court denied after a hearing. It is from this habeas corpus proceeding that the Petitioner appeals. We affirm the judgment of the habeas corpus court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Bruce Allen Ivy, Jr.
A Carroll County jury convicted the Defendant, Bruce Allen Ivy, Jr., of rape of a child and two counts of aggravated sexual battery, and the trial court sentenced him to a total effective sentence of fifty-two years imprisonment. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. After review, we affirm the trial court’s judgments. |
Carroll | Court of Criminal Appeals | |
Bobby V. Summers v. Johnny Fitz, Warden
The Petitioner, Bobby V. Summers, acting pro se, appeals from the summary dismissal of |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Demetriona Chameree Harper
Defendant, Demetriona Chameree Harper, was convicted at a jury trial of rape of a child, aggravated sexual battery, and assault, for which she received an effective twenty-five-year sentence. On appeal, Defendant challenges the sufficiency of the evidence supporting her convictions for rape of a child and aggravated sexual battery, the trial court’s admission of the recording of the victim’s forensic interview, the trial court’s exclusion of records from the Department of Children’s Services (“DCS”), the trial court’s limiting the defense’s cross-examination of witnesses and presentation of proof, and the State’s recording of a meeting between defense counsel and the defense investigator at the District Attorney General’s Office. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. John Champion
A Shelby County jury convicted the defendant, John Champion, of one count of sexual |
Shelby | Court of Criminal Appeals | |
Toran Harper v. State of Tennessee
The Petitioner, Toran Harper, appeals the Shelby County Criminal Court’s denial of his |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Houston Thomas Wilkes
This case comes to this court by way of a delayed appeal. The Defendant, Houston Thomas |
Carroll | Court of Criminal Appeals | |
Hamid Houbbadi v. State of Tennessee
Hamid Houbbadi, Petitioner, was convicted by a jury of first degree premeditated murder, first degree felony murder, and especially aggravated burglary and sentenced to life in prison plus twelve years. State v. Houbbadi, No. M2022-01751-CCA-R3-CD, 2023 WL 8525144, at *1 (Tenn. Crim. App. Dec. 8, 2023), perm. app. denied (Tenn. May 15, 2024). He was unsuccessful on direct appeal. Petitioner filed a pro se petition for post-conviction relief, amended pro se petition, and second amended pro se petition. He insisted on proceeding pro se. After a two-day hearing, the post-conviction court denied relief. On appeal, Petitioner argues: (1) his Fifth Amendment rights were violated; (2) the State committed a Brady violation;(3) he received ineffective assistance of counsel at trial; (4) the post-conviction court failed to address all the issues of “ineffective assistance of counsel caused by the court”; (5) the post-conviction court abused its discretion by declining to appoint elbow counsel; (6) the post-conviction court improperly ruled that service of subpoena by text message is invalid; and (7) he was denied due process of law. After a full review, we affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
STATE OF TENNESSEE v. MICHAEL JASON HOLLOWAY
Defendant, Michael Jason Holloway, appeals the Hamilton County Criminal Court’s denial of judicial diversion following his guilty plea to reckless aggravated assault, a Class D felony. He also contends that the State breached a material term of the plea agreement by taking a position on diversion at the sentencing hearing. Upon review of the entire record, the briefs and arguments of the parties, and the applicable law, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Jacquet Moore v. State of Tennessee
The Petitioner, Jacquet Moore, appeals from the denial of his petition for post-conviction relief from his underlying conviction for aggravated rape. On appeal, the Petitioner maintains that he received ineffective assistance of counsel based on trial counsel’s failure to (1) perform adequate investigation in preparation for trial, including seeking funds for investigative services, and (2) effectively impeach the victim on cross-examination. As a preliminary matter, we remanded the case to the post-conviction court for the entry of an amended order to include sufficient findings of fact and conclusions of law on these two issues. After our review of the amended order, as well as the issues presented by the parties and the record on appeal, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Howard Jefferson Atkins
The Appellant, Howard Jefferson Atkins, acting pro se, appeals from the Tipton County |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. James Andrew Paige
Defendant, James Andrew Paige, appeals from his convictions for three counts of rape, for which he is serving an eleven-year sentence in confinement. On appeal, Defendant argues that the trial court erred by(1) denying his motion for judgment of acquittal because the evidence was insufficient to support his convictions; (2)admitting the victim’s hearsay statements; and (3) failing to inquire into defense counsel’s unintentional contact with a juror or declare a mistrial. Defendant also avers that the cumulative effect of these errors entitles him to relief. We affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Deviest Patton
Following a bench trial, Deviest Patton (“Appellant”) was found not guilty by reason of insanity. The trial court ordered Appellant to be diagnosed and evaluated pursuant to Tennessee Code Annotated section 33-7-303(a)(1). Upon completion of the evaluation, the State filed a complaint for judicial commitment. Following an evidentiary hearing, the court ordered Appellant to be judicially committed. On appeal, Appellant asserts the trial court erred by ordering judicial hospitalization. Discerning no error, we affirm. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Michele Lee Ridgeway
The Defendant, Michele Lee Ridgeway, pled guilty to two counts of the sale of more than 0.5 grams of methamphetamine. The trial court imposed an effective sentence of eight years suspended to supervised probation. Thereafter, the Defendant allegedly violated the terms of her probation by possessing drug paraphernalia in her residence. Following a revocation hearing, the trial court fully revoked the Defendant’s suspended sentences and ordered her to serve the remainder of her sentences in confinement. On appeal, the Defendant raises two issues: (1) whether the State proved that she violated the conditions of her suspended sentences; and (2) whether the trial court abused its discretion in fully revoking her probation as a consequence of the alleged violation. Upon our review, we conclude that the State did not prove that the Defendant violated the terms of her probation. Because we resolve the appeal on that basis, we do not reach the second issue. Accordingly, we respectfully reverse and vacate the revocation order and remand the case for dismissal of the revocation proceedings. |
Henry | Court of Criminal Appeals | |
State of Tennessee v. Joshua Daniel Gibbons
Defendant, Joshua Daniel Gibbons, appeals his Sullivan County Criminal Court jury conviction of disorderly conduct, arguing that the evidence was insufficient to support his conviction and that the trial court erredin its instructions to the jury. We find that the trial court erred by instructing the jury on a mode of disorderly conduct not included in the charging instrument and that, in any event, the evidence was insufficient to support Defendant’s convictionunder either mode of liability charged to the jury. Accordingly, we reverse the judgment of the trial court and dismiss the charge. |
Sullivan | Court of Criminal Appeals |