State of Tennessee v. Lavelle Moore
A Shelby County jury convicted the defendant, Lavelle Moore, of six counts of theft of property over $500 but less than $1000. The trial court merged the convictions into two counts and imposed an effective sentence of twelve years. On appeal, the defendant contends the evidence is insufficient to support his convictions; the trial court abused its discretion by ruling the defendant could be impeached with his prior theft conviction; the theft convictions violate double jeopardy; the trial court erred by ordering the defendant, during deliberations, to stand before the jury and display his eyes; the trial court abused its discretion by telling the jury to keep working after it reached an impasse; and the trial court abused its discretion when imposing consecutive sentences. After a thorough review of the record, we conclude the evidence was sufficient; the trial court properly allowed the defendant to be impeached with his prior theft conviction; and the convictions did not violate principles of double jeopardy. However, we also conclude the trial court erred when allowing the jury to view the defendant’s eyes in close proximity for the first time after the case had been submitted to the jury. This error was not harmless. Accordingly, we reverse the judgments of the trial court and remand for a new trial. Because we have remanded this matter for a new trial, the defendant’s final issues concerning the trial court directing the jury to continue deliberations and sentencing are pretermitted. |
Shelby | Court of Criminal Appeals | |
Robert Webb v. State of Tennessee
The Petitioner, Robert Webb, appeals the post-conviction court’s denial of his petition for post-conviction relief as untimely upon its conclusion that the Petitioner’s mental incompetence did not toll the statute of limitations. After review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
In re: Stoney's Bail Bonding, Inc.
This is an appeal by Stoney’s Bail Bonding, Inc., (“Stoney’s”) of an order of the Maury County Circuit Court, sitting en banc, which denied Stoney’s Renewed Motion for Relief from Bond. Stoney’s argues the single issue that the trial court erred in its application of Tennessee Code Annotated section 40-11-201(c) because the State failed to commence extradition proceedings, as previously ordered by the en banc panel. Following our review of the record, we affirm the trial court’s denial of the motion. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Bobby W. Ogg
Defendant, Bobby W. Ogg, pled guilty to theft of property over $500 in case no. 74CC3-2014-CR-87 and theft of property over $1,000 in case no. 74CC3-2014-CR-94 and received an effective two-year sentence on community corrections. Defendant violated the terms of community corrections “by failing to report and new charges in Robertson and Sumner County,” and he was ordered to serve the remainder of his sentence. On February 23, 2015, Defendant was released on Determinate Release probation. A probation violation warrant was issued on November 13, 2015, charging that Defendant had violated his probation, and, after a hearing, the trial court revoked the Defendant’s probation and ordered him to serve the remainder of his sentence in confinement. Defendant now appeals, contending that the trial court erred by ordering him to serve the remainder of his original sentence in confinement. After thoroughly reviewing the record and applicable authorities, we affirm the trial court’s judgment. |
Robertson | Court of Criminal Appeals | |
John Joseph Kratochvil v. Randy Lee, Warden
The pro se petitioner, John Joseph Kratochvil, appeals as of right from the Johnson County Criminal Court’s order summarily dismissing his petition for writ of habeas corpus. The State has filed a motion to affirm the habeas corpus court’s order pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the order of the trial court. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Roy D. Moore
The Defendant, Roy D. Moore, through counsel, appeals as of right from the Blount County Circuit Court’s order revoking his probation and ordering him to serve his sentence in confinement. The State has filed a motion to affirm the trial court’s order pursuant to Tennessee Court of Criminal Appeals Rule 20. Following our review, we conclude that the State’s motion is well-taken and affirm the order of the trial court. |
Blount | Court of Criminal Appeals | |
Jeffrey King v. State of Tennessee
The Petitioner, Jeffrey King, pleaded guilty to multiple drug and money laundering crimes, and the trial court sentenced him to forty years of incarceration to be served at 100%. The Petitioner attempted to reserve certified questions of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) about whether wiretaps used in the investigation of the crime were lawful. This court determined that the Petitioner was not entitled to relief on the basis of the certified questions and affirmed the judgments on appeal. State v. King, 437 S.W.3d 856, 889 (Tenn. Crim. App. 2013). In 2015, the Petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel and, after a hearing, the post-conviction court denied relief. After review, we affirm the post-conviction court’s judgment. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Lenardo Dewayne Spencer, Reginald Tyrone Baxter, Jr., and Deandre Jajuan Dean
After a jury trial, the defendants, Lenardo Dewayne Spencer, Reginald Tyrone Baxter, Jr., and Deandre Jajuan Dean, were convicted of robbery and theft of property over $1000. On appeal, the defendants assert the evidence was insufficient to support their robbery convictions, arguing the alleged taking was not accomplished by the use of violence or fear. The defendants also claim prosecutorial misconduct in the State’s closing argument and challenge the State’s expert witness testimony. Following our review, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Jarvis D. Cohen
The Defendant, Jarvis D. Cohen, appeals the trial court’s denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. After review, we affirm the denial of the Defendant’s Rule 36.1 motion. |
Shelby | Court of Criminal Appeals | |
In Re C.J.B., et al
This is a termination of parental rights case. The Department of Children’s Services filed a petition to terminate the parental rights of C.F.B. (mother) and J.W.B (father) with respect to their two children, C.J.B. and C.C.B. As to mother, the trial court found clear and convincing evidence of four grounds supporting termination. By the same quantum of proof, the trial court found that termination of mother’s rights is in the best interest of the children. As to father, the trial court found clear and convincing evidence of three grounds supporting termination. By the same standard of evidence, the trial court found that termination of father’s rights is in the best interest of the children. Mother and father appeal. As modified, we affirm. |
Franklin | Court of Appeals | |
In re Rylan G., et al.
This is a termination of parental rights case. The trial court terminated Appellant/Mother’s parental rights on the grounds of: (1) abandonment by failure to provide a suitable home; (2) substantial non-compliance with the permanency plan; and (3) severe child abuse. Because Appellee, Tennessee Department of Children’s Services, did not meet its burden to show that it exercised reasonable efforts to assist Mother in obtaining suitable housing, we reverse the trial court’s finding as to the ground of abandonment by failure to establish a suitable home. The other grounds for termination of Mother’s parental rights are met by clear and convincing evidence, and there is also clear and convincing evidence that termination of Mother’s parental rights is in the best interests of the children. Affirmed in part, reversed in part, and remanded. |
Claiborne | Court of Appeals | |
Tony E. Hancock v. State of Tennessee
Appellant was injured in an automobile collision with a State Trooper. After a trial, the Claims Commissioner found in favor of the State and dismissed the claim. Discerning no error, we affirm. |
Court of Appeals | ||
Erie Family Life Insurance Company v. Tiffany Dawn Sampson, et al
Insurer brought a declaratory judgment action asking the court to determine the proper beneficiary of the proceeds of a life insurance policy rider insuring the life of the named insured’s child; the named insured had designated her mother as the beneficiary of the policy and rider. Upon the child’s death, the named insured was prevented by law from receiving the proceeds, and the insurer asked for a declaration of whether the named insured’s disqualification also prevented the named beneficiary from receiving the proceeds or whether the estate of the child would receive the proceeds, in accordance with the designation of beneficiary in the policy. The trial court determined that the policy’s designation was inequitable and awarded the proceeds to the estate of the child. We have determined that the disqualification of the named insured from receiving the proceeds of the policy does not invalidate the designation of beneficiary and, accordingly, reverse the decision of the trial court. |
Robertson | Court of Appeals | |
State of Tennessee v. Jesus Baltazar Diaz Ramos, AKA Enrique Ruano Diaz
Defendant appeals from the denial of his motion pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure in which he sought to correct his allegedly illegal sentence. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Jeffrey King v. State of Tennessee
The Petitioner, Jeffrey King, pleaded guilty to multiple drug and money laundering crimes, and the trial court sentenced him to forty years of incarceration to be served at 100%. The Petitioner attempted to reserve certified questions of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) about whether wiretaps used in the investigation of the crime were lawful. This court determined that the Petitioner was not entitled to relief on the basis of the certified questions and affirmed the judgments on appeal. State v. King, 437 S.W.3d 856, 889 (Tenn. Crim. App. 2013). In 2015, the Petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel and, after a hearing, the post-conviction court denied relief. After review, we affirm the post-conviction court’s judgment. |
Davidson | Court of Criminal Appeals | |
Stephen Lynn Hugueley v. State of Tennessee
The Petitioner, Stephen Lynn Hugueley, was sentenced to death for the 2002 first degree premeditated murder of a prison counselor, Delbert Steed, while the Petitioner was housed at the Hardeman County Correctional Facility, following two prior first degree murder convictions for the shotgun slaying of his mother and the later killing of another inmate. See State v. Hugueley, 185 S.W.3d 356, 364 (Tenn. 2006). He filed a petition for writ of error coram nobis, alleging that his 2013 MRI, which showed that he had congenital brain defects, was “newly discovered evidence” that he was incompetent at the time of his 2003 capital trial, as well as in 2008 when he withdrew his petition for postconviction relief. The coram nobis court concluded that the Petitioner had made an insufficient showing for the granting of relief. On appeal, the Petitioner argues that the court erred in this determination, asserting that, had his incompetency been known at the time of trial, no judgment of conviction would have been entered and that, as well, he had not been competent to waive the presentation of mitigating evidence at trial or to waive his right to utilize post-conviction procedures. Further, he argues that a relative may pursue, in his behalf, his petition for writ of error coram nobis. Following our review, we conclude that the Petitioner’s claim of incompetency before and after his trial does not constitute “newly discovered evidence” and, further, that this claim was untimely. Accordingly, we affirm the order of the coram nobis court denying relief. |
Hardeman | Court of Criminal Appeals | |
Andrew Hayes v. State of Tennessee
The Petitioner, Andrew Hayes, appeals the denial of his petition for post-conviction relief from his first degree felony murder and aggravated robbery convictions, arguing that the post-conviction court erred in finding he received effective assistance of trial counsel. Following our review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Arthur Graham and Michelle Graham
The Defendants, Arthur and Michelle Graham, were indicted on August 31, 2010, for theft of property valued at $60,000 or more from the State of Tennessee based on their fraudulent medical billing practices at the children’s therapy facility they owned and operated, which resulted in overpayments in excess of $200,000. According to the indictment, the thefts occurred between March 6, 2002, and October 31, 2003. The delay in indicting the matter resulted from the fact that the United States Attorney’s Office had first investigated the thefts and did not release the matter to the Shelby County District Attorney General’s Office until the applicable federal statute of limitations had run. The Defendants each filed a motion to dismiss the indictment, claiming their rights to a speedy trial had been violated by the pre-indictment delay. The trial court denied the motions. Subsequently, the Defendants filed a joint motion to reopen proof on their earlier motions to dismiss. The court entered an order granting in part and denying in part the motion. While the court held that the Defendants had failed to present proof of actual prejudice between the last alleged criminal act and the return of the indictment, it found that the eight-year statute of limitations had run as to the thefts alleged to have occurred prior to August 31, 2002. As a result, the State could proceed only as to those thefts occurring between August 31, 2002, and October 31, 2003. The Defendants then filed a joint motion, asking that the court reconsider its earlier order, again asserting the pre-indictment delay violated their rights to a speedy trial. After hearing the testimony of witnesses, the trial court reversed its previous order, this time finding that the Defendants had been prejudiced by the pre-indictment delay, and dismissed the indictment. The State appeals this order. As we will explain, we reverse this order of the trial court and reinstate the indictment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. David Frazier
The pro se defendant, David Frazier, appeals as of right from the Polk County Criminal Court’s order summarily dismissing his motion for correction of illegal sentence. Tenn. R. Crim. P. 36.1. The State has filed a motion to affirm the trial court’s order pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the order of the trial court. |
Polk | Court of Criminal Appeals | |
State of Tennessee v. Austin Randall Britt
The defendant, Austin Randall Britt, through counsel, appeals as of right from the Sullivan County Criminal Court’s order revoking his probation and ordering him to serve his sentence in the custody of the Department of Correction. The State has filed a motion to affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
Teddy Robbins, Jr. v. State of Tennessee
The Petitioner, Teddy Robbins, Jr., was convicted after a jury trial of domestic assault, aggravated assault, especially aggravated kidnapping, and aggravated rape for crimes committed against his wife, and he was sentenced to an aggregate sentence of fifty years’ imprisonment. The Petitioner filed a timely post-conviction petition, asserting that he received the ineffective assistance of counsel when his trial counsel failed to adequately prepare for trial and failed to present certain defense witnesses. After a hearing, the trial court found that counsel prepared adequately for trial, that a defense witness presented at the post-conviction hearing was not credible, and that the Petitioner failed to demonstrate any prejudice. The Petitioner appeals, contending that trial counsel’s testimony at the hearing demonstrated inadequate preparation and that as a result, his strategic decision not to call a witness was not entitled to deference. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Scott | Court of Criminal Appeals | |
Lorese Douglas Jones, et al. v. Stephen W. Behrman, et al.
This is a medical malpractice action in which the trial court granted summary judgment for failure to file suit within the applicable statute of limitations. We affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. David Wayne Hearing
The pro se appellant, David Wayne Hearing, appeals as of right from the Greene County Criminal Court’s order denying his motion for correction of clerical mistake. Tenn. R. Crim. P. 36. The State has filed a motion requesting that this court affirm the trial court’s denial of relief pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the judgment of the Greene County Criminal Court. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Terry Charles Jordan
Following the Defendant’s, Terry Charles Jordan’s, guilty-pleaded conviction for felony failure to appear, the trial court imposed a sentence of four years’ incarceration. The Defendant appeals, arguing that the trial court erred in enhancing his sentencing term to the maximum within the range because several of his felony convictions should have been merged. Following our review of the record, we affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Elgain Ricky Wilson
The Defendant, Elgain Ricky Wilson, pleaded guilty to first degree felony murder, armed robbery, and two counts of assault with the intent to commit armed robbery in 1984 and received an effective sentence of life imprisonment plus fifty years. Almost thirty-two years later, the Defendant filed a motion pursuant to Tennessee Criminal Procedure Rule 36.1 requesting that the trial court correct an illegal sentence because although the indictment alleged the murder victim was killed when the victim was being robbed, the evidence showed the murder victim was killed during the robbery of another person. As a result, the Defendant argued that his guilty plea was unknowing and involuntary and that he received the ineffective assistance of counsel. The trial court summarily dismissed the motion after determining that the Defendant’s motion failed to state a colorable claim for relief because the motion was not based upon the imposition of an illegal sentence but rather upon insufficient evidence and the ineffective assistance of counsel. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals |