Michael D. Williams v. State of Tennessee
M2017-01765-CCA-R3-PC
The Petitioner, Michael D. Williams, appeals from the post-conviction court’s summary dismissal of his petition for post-conviction relief. The Petitioner argues, for the first time on appeal, that summary dismissal was improper because principles of due process require due process tolling. Upon review, we conclude that the Petitioner has waived his due process claim and affirm summary dismissal.
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 06/06/18 | |
Jermaine Rashad Carpenter v. Tamara Ford, Warden
W2017-01383-CCA-R3-HC
The pro se Petitioner, Jermaine Rashad Carpenter, appeals the summary dismissal of his petition for writ of habeas corpus. Following our review, we affirm the dismissal of the petition.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Joe H. Walker, III |
Hardeman County | Court of Criminal Appeals | 06/06/18 | |
State of Tennessee v. Christopher Orlando Lyles
W2017-00292-CCA-R3-CD
The Defendant, Christopher Orlando Lyles, was convicted by a Madison County Circuit Court jury of first degree felony murder; second degree murder, a Class A felony; two counts of especially aggravated kidnapping, Class A felonies; three counts of attempted aggravated robbery, Class C felonies; and aggravated burglary, a Class C felony, and was sentenced to an effective term of life imprisonment. On appeal, the Defendant argues that the trial court erred in granting the State two continuances and that the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Donald H. Allen |
Madison County | Court of Criminal Appeals | 06/06/18 | |
State of Tennessee v. Cameo Antoinette Edwards
W2015-01398-CCA-R3-CD
Following a bench trial, the Defendant, Cameo Antoinette Edwards, was convicted in the Haywood County Circuit Court of assault and contributing to the delinquency of a minor, both Class A misdemeanors. The trial court subsequently sentenced her to concurrent terms of eleven months, twenty-nine days for each conviction, suspended to supervised probation following service of thirty days in the county jail. On appeal, the Defendant argues that the evidence is insufficient to sustain her convictions and that the trial court erred by not granting her full probation. Following our review, we affirm the judgments of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Clayburn Peeples |
Haywood County | Court of Criminal Appeals | 06/06/18 | |
State of Tennessee v. Brian C. Frelix
M2017-00388-CCA-R3-CD
A Williamson County jury convicted the Defendant, Brian C. Frelix, of four counts of aggravated robbery, four counts of aggravated assault, one count of aggravated burglary, and one count of theft of property valued at one thousand dollars or more, but less than ten thousand dollars. After a sentencing hearing, the trial court sentenced the Defendant to an effective sentence of thirty-eight years in the Tennessee Department of Correction. On appeal, the Defendant asserts that the trial court improperly: (1) denied his motion to suppress; (2) allowed Special Agent Andrew Vallee to testify based upon unreliable phone records; (3) admitted letters and testimony constituting hearsay; (4) admitted the victim’s stolen credit cards; (5) admitted information from a co-defendant’s Facebook page; and (6) imposed consecutive sentences. After review, we affirm the trial court’s judgments.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Joseph A. Woodruff |
Williamson County | Court of Criminal Appeals | 06/06/18 | |
State of Tennessee v. Richard Lebron Madden, Sr.
E2017-01281-CCA-R3-CD
The Defendant, Richmond Lebron Madden, Sr., was convicted by a jury of one count of possession of 0.5 grams or more of methamphetamine with intent to sell or deliver. On appeal, the Defendant contends that (1) the evidence presented at trial was insufficient to support his conviction; (2) the trial court erred in allowing a witness to testify about the Defendant’s relationship with his co-defendant and his living arrangements; (3) the trial court erred in denying his motion to suppress, which challenged the legality of the stop resulting in the Defendant’s arrest; and (4) the trial court abused its discretion by denying the Defendant an alternative sentence and sentencing him to nine years and six months of incarceration. Following our review, the judgment of the trial court is affirmed and remanded for entry of a corrected judgment.
Authoring Judge: Judge D. Kelly Thomas, Jr.
Originating Judge:Judge Thomas W. Graham |
Rhea County | Court of Criminal Appeals | 06/05/18 | |
State of Tennessee v. Timothy Wayne Tidwell
M2017-00642-CCA-R3-CD
Defendant, Timothy Wayne Tidwell, was indicted by the Bedford County Grand Jury for one count of arson. Defendant was convicted as charged by a jury and sentenced by the trial court as a Range III offender to 15 years in the Tennessee Department of Correction. In this appeal as of right, Defendant contends that the evidence at trial was insufficient to support his conviction and that his sentence was excessive. Finding no error, we affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Thomas T. Woodall
Originating Judge:Judge Franklin L. Russell |
Bedford County | Court of Criminal Appeals | 06/05/18 | |
State of Tennessee v. Ernesto Delgadilo Rodriquez
E2017-00369-CCA-R3-CD
A Knox County jury convicted the Defendant, Ernesto Delgadilo Rodriguez, of resisting arrest and assault. The trial court sentenced the Defendant to six months for the resisting arrest conviction and to eleven months and twenty-nine days for the assault conviction. On appeal, the Defendant challenges (1) a jury instruction of the definition of “arrest”; (2) the sufficiency of the evidence; and (3) the admissibility of evidence regarding alcohol and drug use. After a thorough review of the record and applicable law, we affirm the judgments of the trial court.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Bobby R. McGee |
Knox County | Court of Criminal Appeals | 06/05/18 | |
State of Tennessee v. Miko T. Burl
W2017-01911-CCA-R3-CD
The Appellant, Miko T. Burl, is appealing the trial court’s denial of his motion to correct an illegal sentence. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Glenn Ivy Wright |
Shelby County | Court of Criminal Appeals | 06/04/18 | |
State of Tennessee v. Mario Perkins
W2017-01941-CCA-R3-CD
The Appellant, Mario Perkins, is appealing the trial court’s denial of his motion to withdraw his guilty plea and to correct an illegal sentence. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Chris Craft |
Shelby County | Court of Criminal Appeals | 06/04/18 | |
James Odell Osborne v. State of Tennessee
M2016-02053-CCA-R3-PC
The Petitioner, James Odell Osborne, appeals the Marshall County Circuit Court’s denial of his petition for post-conviction relief from his 2015 convictions for three counts of failure to appear, misdemeanor theft, and felony theft and his effective nine-year sentence. The Petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court.
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Forest A. Durard, Jr. |
Marshall County | Court of Criminal Appeals | 06/01/18 | |
Leopold Mpawinayo v. State of Tennessee
M2017-01660-CCA-R3-PC
The Petitioner, Leopold Mpawinayo, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2015 convictions for two counts of violating the habitual motor vehicle offender (HMVO) law and his effective six-year sentence. The Petitioner contends that the court erred by denying relief because he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court.
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Mark Fishburn |
Davidson County | Court of Criminal Appeals | 06/01/18 | |
State of Tennessee v. Nelson Troglin
E2017-00701-CCA-R3-CD
Defendant, Nelson Troglin, appeals the Bledsoe County Circuit Court’s summary dismissal of his pro se motion to correct an illegal sentence for his 2000 conviction for second degree murder, for which he received a sentence of 23 years. Defendant contends the trial court erred by summarily dismissing his motion. We affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Thomas W. Graham |
Bledsoe County | Court of Criminal Appeals | 06/01/18 | |
State of Tennessee v. Quintis McCaleb
E2017-01381-CCA-R9-CD
The State, pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure, appeals the trial court’s grant of Defendant’s motion to suppress inculpatory statements made during his post-polygraph interview. The trial court found that the statements were voluntary but determined that they were inadmissible under Tennessee Rule of Evidence 403 because Defendant would be required to reference the polygraph examination to provide context for Defendant’s statements made during the post-polygraph interview. Concluding that the trial court abused its discretion by excluding the statements, we reverse the judgment of the trial court and remand this case for further proceedings consistent with this opinion.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Barry A. Steelman |
Hamilton County | Court of Criminal Appeals | 06/01/18 | |
Quincy Moutry v. State of Tennessee
E2017-00353-CCA-R3-PC
The Petitioner, Quincy Moutry, appeals the post-conviction court’s denial of his petition for post-conviction relief in which he challenged his convictions for carjacking, aggravated robbery, and possession of a firearm with the intent to go armed during the commission of a dangerous felony and his effective twenty-seven-year sentence. On appeal, the Petitioner asserts that he received ineffective assistance of counsel at trial. Upon reviewing the record and the applicable law, we affirm the judgment of the postconviction court.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge G. Scott Green |
Knox County | Court of Criminal Appeals | 06/01/18 | |
Charles D. Johnson v. State of Tennessee
E2018-00112-CCA-R3-HC
The Petitioner, Charles D. Johnson, appeals the habeas corpus court’s dismissal of his petition for writ of habeas corpus in which the Petitioner argued that he was never indicted on his convicted offense. After a thorough review of the record and applicable law, we affirm the dismissal of his petition in accordance with Rule 20, Rules of the Court of Criminal Appeals.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Justin C. Angel |
Bledsoe County | Court of Criminal Appeals | 06/01/18 | |
State of Tennessee v. Thomas A. Ryan
M2017-01599-CCA-R3-CD
After entering guilty pleas to four counts of aggravated statutory rape, Defendant, Thomas A. Ryan, was sentenced to four years for each conviction. After a lengthy sentencing hearing, the trial court ordered the sentences to be served consecutively, for a total effective sentence of sixteen years and denied all forms of alternative sentencing. Defendant appeals his sentence to this Court. Because we determine that the trial court did not abuse its discretion in sentencing Defendant to an effective sentence of sixteen years, we affirm the judgments of the trial court.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Dee David Gay |
Sumner County | Court of Criminal Appeals | 06/01/18 | |
Danny Anderson v. State of Tennessee
E208-00191-CCA-R3-HC
The Petitioner, Danny Anderson, appeals the habeas corpus court’s dismissal of his petition for writ of habeas corpus. We conclude that the Petitioner’s notice of appeal was untimely filed, and the interest of justice does not support waiver of the timely filing requirement. Therefore, we dismiss the appeal.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Justin C. Angel |
Bledsoe County | Court of Criminal Appeals | 06/01/18 | |
State of Tennessee v. John Baskins
E2017-00795-CCA-R3-CD
The defendant, John Baskins, appeals his Knox County Criminal Court guilty-pleaded convictions of rape of a child and especially aggravated sexual exploitation of a minor, claiming that the trial court erred in the misapplication of an enhancement factor and that the 40-year sentence imposed was excessive. Discerning no error, we affirm.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Bob R. McGee |
Knox County | Court of Criminal Appeals | 05/31/18 | |
State of Tennessee v. Jennifer Lynn Mosier
W2017-01125-CCA-R3-CD
The Defendant, Jennifer Lynn Mosier, entered a nolo contendere plea to DUI in the Madison County Circuit Court and was sentenced to 11 months, 29 days in the county jail, suspended after 48 hours. As a condition of her guilty plea, she attempted to reserve a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) regarding the validity of the arrest warrant. Because we agree with the State that the Defendant failed to comply with the strict requirements for properly certifying a question of law, we dismiss the appeal for lack of jurisdiction.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Donald H. Allen |
Madison County | Court of Criminal Appeals | 05/31/18 | |
State of Tennessee v. Leonardo Williams
W2017-00702-CCA-R3-CD
The pro se Defendant, Leonardo Williams, appeals from the trial court’s denial of his “Motion to Vacate, Set Aside, or Correct an Illegal Sentence.” Following our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 05/31/18 | |
State of Tennessee v. Ronald Wayne Gilbert
E2017-00396-CCA-R3-CD
The defendant, Ronald Wayne Gilbert, appeals his Sevier County Criminal Court jury convictions of especially aggravated kidnapping and aggravated assault, challenging both the trial court’s denial of his motion to strike the victim’s testimony and his motion to dismiss based upon the failure to preserve certain evidence. We affirm the convictions and sentence but remand for correction of a clerical error in the judgment.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Robert E. Lee Davies |
Sevier County | Court of Criminal Appeals | 05/29/18 | |
State of Tennessee v. Jasper Vick
W2017-02164-CCA-R3-CD
The defendant, Jasper Vick, appeals from the Shelby County Criminal Court’s denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. The defendant contends his sentences are illegal because the court clerk failed to sign his original and superseding indictments. Discerning no error, we affirm the judgment of the trial court.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Chris Craft |
Shelby County | Court of Criminal Appeals | 05/25/18 | |
State of Tennessee v. Michael C. Carter
E2017-01292-CCA-R3-CD
Defendant, Michael C. Carter, was charged via presentment with one count of failure to appear, one count of being a habitual traffic offender, one count of failure to provide law enforcement evidence of financial responsibility, one count of operating a motor vehicle on a public road with a false registration, and one count of failure to dim headlights within 500 feet of an oncoming vehicle. Defendant pled guilty and was sentenced to an effective sentence of four years in incarceration. Defendant appeals to this Court, arguing that the trial court improperly denied alternative sentencing. After a complete review of the record, we affirm the judgments of the trial court.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge R. Jerry Beck |
Blount County | Court of Criminal Appeals | 05/25/18 | |
State of Tennessee v. Frank Edward Small
E2017-01266-CCA-R3-CD
The Defendant, Frank Edward Small, was convicted by a Sullivan County Circuit Court jury of robbery, a Class C felony, and home improvement fraud, a Class D felony. See T.C.A. §§ 39-13-401 (2014) (robbery), 39-14-154 (2010) (amended 2012, 2017) (home improvement fraud). He received a Range I, effective five-year sentence to be served in the Department of Correction. On appeal, he contends that (1) the evidence is insufficient to support his convictions and (2) the trial court erred in denying his motion to review the victim’s medical records. We affirm the judgments of the trial court.
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 05/25/18 |