State of Tennessee v. Deandrey Peterson
W2017-00307-CCA-R3-CD
The Defendant, Deandrey Peterson, appeals his convictions for aggravated rape, aggravated robbery, aggravated burglary, and possession of a firearm during the commission of a dangerous felony for which he received an effective thirty-year sentence. On appeal, the Defendant contends that the evidence is insufficient to support his convictions and that the trial court violated Tennessee Rule of Evidence 404(b) in allowing the State to present evidence of offenses committed against other victims. We conclude that the trial court committed reversible error in admitting evidence of other criminal offenses. Accordingly, we reverse the judgments of the trial court and remand the case for a new trial.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Paula L. Skahan |
Shelby County | Court of Criminal Appeals | 03/15/18 | |
State of Tennessee v. Deandrey Peterson
W2016-01878-CCA-R3-CD
The Defendant, Deandrey Peterson, appeals his convictions for aggravated rape, aggravated robbery, aggravated burglary, and possession of a firearm with the intent to go armed during the commission of a dangerous felony, and his effective thirty-year sentence. The Defendant contends that the evidence is insufficient to support his convictions and that the trial court violated Tennessee Rule of Evidence 404(b) in admitting evidence of other offenses. We affirm the Defendant’s convictions but remand the case to the trial court for a new sentencing hearing for the firearm conviction.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Paula L. Skahan |
Shelby County | Court of Criminal Appeals | 03/15/18 | |
State of Tennessee v. Timothy R. Maness
W2017-01221-CCA-R3-CD
The Defendant, Timothy R. Maness, appeals his convictions for one count of rape, one count of misdemeanor assault, one count of incest, and two counts of sexual battery, arguing that the evidence was insufficient to support his convictions. The Defendant filed an untimely notice of appeal, and the interest of justice does not support waiver of the timely filing requirement. Accordingly, we dismiss the appeal.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge J. Weber McCraw |
McNairy County | Court of Criminal Appeals | 03/15/18 | |
Joseph Ellison v. State of Tennessee
E2017-00673-CCA-R3-PC
The Petitioner, Joseph Ellison, appeals from the Knox County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner contends that his guilty pleas were not knowingly and voluntarily entered because “there was no factual basis for” them. Discerning no error, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge D. Kelly Thomas, Jr.
Originating Judge:Judge Steven W. Sword |
Knox County | Court of Criminal Appeals | 03/15/18 | |
State of Tennessee v. Mario Antoine Leggs
M2017-01963-CCA-R3-CO
Mario Antoine Leggs, the Defendant, filed a motion requesting an ex parte injunction and hearing, arguing that the judgments in his case were invalid because they did not have a file stamp date. The trial court denied the Defendant’s motion because the judgments were signed by the trial court and entered on November 29, 2001. On appeal, the Defendant argues that the trial court erred in denying relief. The State contends that the Defendant does not have an appeal as of right under Tennessee Rule of Appellate Procedure 3 from the denial of a motion requesting injunctive relief. Additionally, the State argues that the lack of a file stamp date does not invalidate the Defendant’s judgments. After a thorough review of the facts and applicable case law, we dismiss the Defendant’s appeal.
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 03/15/18 | |
Christopher L. Williams v. State of Tennessee
M2017-01854-CCA-R3-ECN
The Petitioner, Christopher L. Williams, filed a petition for a writ of error coram nobis. The coram nobis court summarily denied his petition on the grounds that it was untimely filed. On appeal, the Petitioner argues that the petition was timely filed and that the coram nobis court erred in denying relief without a hearing. After a thorough review of the facts and applicable case law, we affirm.
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 03/15/18 | |
State of Tennessee v. Steven W. Davis
M2017-00596-CCA-R3-CD
A Bedford County jury convicted the Defendant, Steven W. Davis, of attempted rape and attempted incest. The trial court imposed an effective six-year sentence. On appeal, the Defendant contends that the trial court erred when it sentenced him by misapplying an enhancement factor and by denying his request for alternative sentencing. After review, we affirm the trial court’s judgments.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Forest A. Durard, Jr. |
Bedford County | Court of Criminal Appeals | 03/14/18 | |
State of Tennessee v. Hugh Everret Burt
M2017-00547-CCA-R3-CD
After a bench trial, the trial court found the Defendant, Hugh Everret Burt, guilty of sexual exploitation of a minor for knowingly possessing less than fifty sexual images of minors. The trial court sentenced the Defendant to two years and six months, with six months to be served in jail and the remaining served through Community Corrections. On appeal, the Defendant argues that the evidence against him is insufficient and that the trial court erred when it ordered him to serve a portion of the sentence in jail. After review, we affirm the trial court’s judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Monte Watkins |
Davidson County | Court of Criminal Appeals | 03/14/18 | |
State of Tennessee v. Melissa L. Lopez
E2016-02410-CCA-R3-CD
An Anderson Circuit Court Jury convicted the Appellant, Melissa L. Lopez, of aggravated child neglect, and the trial court sentenced her as a Range I, standard offender to twenty years in the Tennessee Department of Correction. On appeal, the Appellant contends that the evidence was insufficient to sustain her conviction, arguing that the State failed to prove her neglect resulted in the victim’s injuries. Upon review, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Donald R. Elledge |
Anderson County | Court of Criminal Appeals | 03/13/18 | |
State of Tennessee v. Alex Parrish
W2016-00645-CCA-R3-CD
The Appellant, Alex Parrish, appeals from the trial court’s denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. The State has filed a motion requesting that this court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Paula L. Skahan |
Shelby County | Court of Criminal Appeals | 03/12/18 | |
Brian Caswell McGrowder v. State of Tennessee
M2017-00751-CCA-R3-PC
The Petitioner, Brian Caswell McGrowder, appeals from the dismissal of his petition for post-conviction relief as untimely. The Petitioner contends that due process concerns should toll the one-year statute of limitations to allow review of his underlying claims. Upon our review, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge Mark J. Fishburn |
Davidson County | Court of Criminal Appeals | 03/08/18 | |
Rickey Bell v. State of Tennessee
W2016-01694-CCA-R3-PC
Petitioner, Rickey Bell, appeals from the post-conviction court’s dismissal of Petitioner’s post-conviction petition following an evidentiary hearing. Petitioner asserts that he is entitled to relief because he received ineffective assistance of counsel in the proceedings leading to his convictions for one count of rape of a child, one count of aggravated sexual battery, one count of rape, and two counts of sexual battery by an authority figure. After a thorough review, we affirm the judgment of the post-conviction court.
Authoring Judge: Presiding Judge Thomas T. Woodall
Originating Judge:Judge John Wheeler Campbell |
Shelby County | Court of Criminal Appeals | 03/08/18 | |
State of Tennessee v. Patric Pope
M2017-01040-CCA-R3-CD
The pro se Defendant, Patric Pope, appeals from the trial court’s denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Following our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Stella L. Hargrove |
Maury County | Court of Criminal Appeals | 03/08/18 | |
State of Tennessee v. Randy Timothy Jones
M2017-00769-CCA-R3-CD
A Lawrence County jury convicted the Defendant, Randy Timothy Jones, of DUI per se, reckless driving, violation of the seatbelt law, violation of the due care law, and failure to maintain his lane, and the trial court sentenced him to eleven months and twenty-nine days of probation after he served forty-eight hours in jail. On appeal, the Defendant contends that the trial court erred when it did not exclude the blood alcohol report because the State did not adequately establish the proper chain of custody. After review, we affirm the trial court’s judgments.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Robert L. Jones |
Lawrence County | Court of Criminal Appeals | 03/07/18 | |
State of Tennessee v. Michael Kevin Schipp
M2016-01933-CCA-R3-CD
Defendant, Michael Kevin Schipp, was convicted of one count of burglary of an automobile and one count of aggravated assault with a deadly weapon and received a total effective sentence of fifteen years. On appeal, Defendant argues that the trial court erred in failing to instruct the jury on self-defense with regard to his aggravated assault conviction. After a thorough review of the record and relevant authorities, we affirm the judgments of the trial court.
Authoring Judge: Presiding Judge Thomas T. Woodall
Originating Judge:Judge Gary McKenzie |
Putnam County | Court of Criminal Appeals | 03/07/18 | |
State of Tennessee v. Ashton Buford, Devante Terrell and Melvin Hopkins
W2016-01387-CCA-R3-CD
A Shelby County Criminal Court Jury convicted the Appellants, Ashton Buford, Devante Terrell, and Melvin Hopkins, of two counts each of first degree felony murder; one count each of especially aggravated kidnapping, a Class A felony; and one count each of aggravated robbery, a Class B felony. The trial court merged the felony murder convictions, and the Appellants received effective sentences of life in confinement. On appeal, the Appellants contend that the trial court erred by deleting “killing” from portions of the jury instructions for first degree felony murder; by denying severance motions, admitting evidence of codefendants’ statements, and failing to give a limiting instruction in violation of Bruton v. United States, 391 U.S. 123 (1968); and by allowing the State to engage in improper jury voir dire and closing arguments. In addition, Appellant Buford contends that the trial court erred by failing to list the elements for the underlying felonies in the jury instructions for first degree felony murder, that the trial court erred by failing to instruct the jury on facilitation of the charged offenses, that the evidence is insufficient to support his convictions of first degree felony murder and especially aggravated kidnapping, and that cumulative error warrants a new trial. Based upon the oral arguments, the record, and the parties’ briefs, we find no reversible error and affirm the judgments of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge W. Mark Ward |
Shelby County | Court of Criminal Appeals | 03/07/18 | |
Benjamin Murrell v. State of Tennessee
W2017-00581-CCA-R3-PC
The petitioner, Benjamin Murrell, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel regarding the jury instructions presented at trial. Following our review, we affirm the denial of the petition.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Chris Craft |
Shelby County | Court of Criminal Appeals | 03/06/18 | |
State of Tennessee v. Jeremy Peres Duncan
W2017-00529-CCA-R3-CD
The defendant, Jeremy Peres Duncan, was indicted for two counts of aggravated assault, one count of possession of cocaine with the intent to sell, one count of possession of cocaine with the intent to deliver, two counts of possession of a firearm during the commission of a dangerous felony, one count of being a felon in possession of a handgun, and one count of tampering with evidence. The defendant was convicted as charged for all of the offenses. The trial court sentenced the defendant as a Range II offender and imposed an effective twenty-four-year sentence. On appeal, the defendant argues the evidence was insufficient to support his convictions for aggravated assault, possession of cocaine with the intent to sell and/or deliver, and possession of a firearm during the commission of a dangerous felony. The defendant also challenges the trial court’s evidentiary rulings regarding evidence of the defendant’s gang affiliation. Finally, the defendant challenges the trial court’s imposition of consecutive sentences. After our review, we affirm the judgments of the trial court.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 03/06/18 | |
Kervin Jackson v. State of Tennessee
W2017-01704-CCA-R3-PC
The petitioner, Kervin Jackson, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial. Following our review, we affirm the denial of the petition.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge J. Robert Carter, Jr. |
Shelby County | Court of Criminal Appeals | 03/06/18 | |
Bradley Cox v. State of Tennessee
W2017-00530-CCA-R3-PC
The petitioner, Bradley Cox, appeals the dismissal of his petition for post-conviction relief, asserting the post-conviction court erred when summarily dismissing his petition as untimely because trial counsel’s misconduct tolled the statute of limitations. Discerning no error, we affirm the post-conviction court’s dismissal of the petition pursuant to Rule 20 of the Rules of the Court of Criminal Appeals.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Roy B. Morgan, Jr. |
Henderson County | Court of Criminal Appeals | 03/06/18 | |
Deangelo Jackson v. State of Tennessee
W2017-00916-CCA-R3-PC
The petitioner, Deangelo Jackson, appeals the denial of post-conviction relief from his convictions for especially aggravated robbery, attempted second-degree murder, and employing a firearm during the commission of a dangerous felony. On appeal, the petitioner alleges he received ineffective assistance of counsel due to trial counsel’s failure to call material witnesses at trial. Discerning no error, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge James M. Lammey |
Shelby County | Court of Criminal Appeals | 03/06/18 | |
State of Tennessee v. David Tyrone Green
E2017-01431-CCA-R3-CD
The Defendant, David Tyrone Green, was convicted of driving under the influence, a Class A misdemeanor. See T.C.A. § 55-10-401 (2012) (amended 2013, 2015). The trial court sentenced the Defendant to serve fifteen days’ confinement. On appeal, the Defendant contends that the court erred in sentencing him to a greater sentence than the minimally required forty-eight hours’ confinement. We affirm the judgment of the trial court.
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge G. Scott Green |
Knox County | Court of Criminal Appeals | 03/06/18 | |
State of Tennessee v. Delmontae Godwin
W2017-00964-CCA-R3-CD
The defendant, Delmontae Godwin, appeals the revocation of his judicial diversion by the Madison County Circuit Court. The defendant contends the trial court improperly revoked his diversion. After our review, we affirm the trial court’s revocation pursuant to Rule 20 of the Rules of the Court of Criminal Appeals.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Donald H. Allen |
Madison County | Court of Criminal Appeals | 03/06/18 | |
State of Tennessee v. Rodney Jennings
E2017-00330-CCA-R3-CD
A Hamilton County jury convicted the Defendant, Rodney Jennings, of second degree murder, and the trial court sentenced him to serve twenty-five years in the Tennessee Department of Correction. The Defendant appeals, asserting: (1) the trial court improperly allowed into evidence testimony concerning the Defendant’s gang affiliation and the Defendant’s 2013 domestic assault conviction; (2) the State improperly impeached the Defendant during cross-examination; and (3) the evidence is insufficient to support his conviction. After review, we affirm the trial court’s judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Thomas C. Greenholtz |
Hamilton County | Court of Criminal Appeals | 03/06/18 | |
State of Tennessee v. Ronald Orlando Glenn
M2017-00110-CCA-R3-CD
Defendant, Ronald Orlando Glenn, was convicted of domestic assault following a bench trial. He was sentenced to eleven months and twenty-nine days, to be released on supervised probation after serving ten days, and to complete a Batterer’s Intervention Program. On appeal, Defendant contends that the evidence is insufficient to support his conviction. After review, we affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Thomas T. Woodall
Originating Judge:Judge J. Randall Wyatt |
Davidson County | Court of Criminal Appeals | 03/05/18 |