Sylvia Laird v. State of Tennessee
M2014-02020-CCA-R3-PC
Petitioner, Sylvia Laird, appeals the denial of her petition for post-conviction relief. She claims that she received ineffective assistance of counsel when she was erroneously informed that she could not file a motion to withdraw her guilty plea before sentencing. Consequently, Petitioner argues that a subsequent guilty plea agreement that determined her sentence was unconstitutional because it was entered unknowingly, involuntarily, and unintelligently. After a careful review of the record, the parties’ briefs, and the applicable law, we conclude that Petitioner has proven that she is entitled to post-conviction relief and, therefore, reverse the decision of the post-conviction court.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Seth W. Norman |
Davidson County | Court of Criminal Appeals | 06/01/15 | |
David Edward Niles v. State of Tennessee
M2014-00147-CCA-R3-PC
Petitioner, David Edward Niles, was indicted for, and ultimately convicted of, first degree murder in Bedford County. State v. David Edward Niles, No. M2011-01412-CCA-R3-CD, 2012 WL 1965438, at *1 (Tenn. Crim. App. Jun. 1, 2012), perm. app. denied (Tenn. Oct. 17, 2012). His direct appeal was unsuccessful. Id. He subsequently sought post-conviction relief on the basis of ineffective assistance of counsel. After a hearing, the petition was dismissed. On appeal, Petitioner insists that the post-conviction court improperly dismissed the petition for relief and that he received ineffective assistance of post-conviction counsel. After a review, we determine that Petitioner failed to establish that he received ineffective assistance of counsel at trial. Further, we determine that Petitioner is not entitled to challenge the effectiveness of post-conviction counsel. Consequently, the judgment of the post-conviction court is affirmed.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Robert G. Crigler |
Bedford County | Court of Criminal Appeals | 06/01/15 | |
State of Tennessee v. Patricia Smith
W2014-02106-CCA-R3-CD
Appellant, Patricia Smith, was convicted of aggravated burglary, a Class C felony, and the trial court sentenced her to three years, suspended to probation after forty-five days in confinement. On appeal, appellant argues that there was insufficient evidence to support her conviction. Following our review of the parties' briefs, the record, and the applicable law, we affirm the judgment of the trial court.
Authoring Judge: Judge Roger A. Page
Originating Judge:Judge W. Mark Ward |
Shelby County | Court of Criminal Appeals | 06/01/15 | |
State of Tennessee v. Joseph Cordell Brewer, III
W2014-01347-CCA-R3-CD
The defendant, Joseph Cordell Brewer, III, was convicted of theft of property of $10,000 or more but less than $60,000, a Class C felony; evading arrest, a Class D felony; and evading arrest, a Class A misdemeanor. The trial court sentenced the defendant as a Range III, persistent offender to serve twelve years for the theft of property conviction, twelve years as a Range IV, career offender for the felony evading arrest conviction, and eleven months and twenty-nine days for the misdemeanor evading arrest conviction. The trial court ordered the sentences to be served concurrently to each other but consecutively to a prior sentence because the offenses were committed while the defendant was on parole. On appeal, the defendant argues that the evidence is insufficient to sustain his convictions for theft of property and Class D felony evading arrest. He also argues that the trial court improperly classified him as a persistent and career offender. After our review of the briefs, the record, and the applicable law, we conclude that the evidence is sufficient to sustain the defendant's conviction for theft of property but that his conviction for Class D felony evading arrest should be reduced to Class E felony evading arrest. Further, we conclude that the trial court properly sentenced the defendant as a persistent and career offender, but we remand the case for resentencing on the Class E felony.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge William B. Acree |
Obion County | Court of Criminal Appeals | 06/01/15 | |
Harry Joseph Chase v. State of Tennessee
E2014-01375-CCA-R3-PC
The Petitioner, Harry Joseph Chase, appeals as of right from the Greene County Criminal Court’s denial of his petition for post-conviction relief. In this appeal, the Petitioner asserts that he received ineffective assistance of counsel because lead trial counsel was not present when he pled guilty, did not review the Petitioner’s discovery with him, and did not fully discuss a possible self-defense claim with the Petitioner. Following our review, we conclude that the record supports the post-conviction court’s conclusion that the Petitioner received the effective assistance of counsel, and we therefore affirm the judgment of the post-conviction court.
Authoring Judge: Judge D. Kelly Thomas, Jr.
Originating Judge:Judge John F. Dugger, Jr. |
Greene County | Court of Criminal Appeals | 05/29/15 | |
Vernon Lavone Roberts v. State of Tennessee
M2014-01371-CCA-R3-PC
Vernon Lavone Roberts (“the Petitioner”) appeals from the dismissal of his petition for post-conviction relief. On appeal, the Petitioner argues that he received ineffective assistance of counsel. Upon review, we conclude that the Petitioner’s claim was previously determined by this Court on direct appeal. Consequently, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 05/29/15 | |
State of Tennessee v. Deborah B. Bowes
E2014-01462-CCA-R3-CD
The appellant, Deborah B. Bowes, pled guilty in the Sullivan County Criminal Court to one count of filing a false report, for which she received a sentence of eight years. On appeal, the appellant challenges the trial court’s denial of alternative sentencing. Upon review, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 05/29/15 | |
State of Tennessee v. George Robert Hamby
M2014-00839-CCA-R3-CD
Appellant, George Robert Hamby, was convicted of aggravated robbery, a Class B felony. The trial court sentenced appellant as a Range II offender to twelve years in confinement. On appeal, appellant argues that: (1) the trial court erred in not accepting a negotiated guilty plea; (2) the trial court erred in denying appellant’s motion for judgment of acquittal; (3) the evidence was insufficient to support his conviction; and (4) the trial court erred in sentencing. Following our review of the evidence and the applicable law, we affirm the judgment of the trial court.
Authoring Judge: Judge Roger A. Page
Originating Judge:Judge Stella L. Hargrove |
Maury County | Court of Criminal Appeals | 05/28/15 | |
Terry Lynn King v. State of Tennessee
E2014-01202-CCA-R3-ECN
The Petitioner, Terry Lynn King, appeals the Knox County Criminal Court’s denial of his petition for a writ of error coram nobis regarding his convictions for felony murder, for which he was sentenced to death, and for armed robbery, for which he is serving 125 years. The coram nobis court dismissed the petition because it was untimely and because due process did not require tolling the one-year statute of limitations. On appeal, the Petitioner contends that the court erred by dismissing the petition. We affirm the judgment of the coram nobis court.
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 05/28/15 | |
Alejandro Neave Vasquez v. State of Tennessee
M2014-01404-CCA-R3-PC
Petitioner, Alejandro Neave Vasquez, was convicted by a jury of conspiracy to deliver 300 grams or more of cocaine in a drug-free school zone and possession with intent to deliver 300 grams or more of cocaine in a drug-free school zone. He received concurrent twenty-year sentences for each count, for a total effective sentence of twenty years in the Tennessee Department of Correction. Petitioner filed a petition for post-conviction relief alleging that he received the ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. On appeal, petitioner argues that he received the ineffective assistance of counsel because trial counsel: (1) failed to utilize an interpreter during all meetings and at trial; (2) advised petitioner not to testify; and (3) failed to adequately explain the school-zone enhancement. Following our review, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Roger A. Page
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 05/28/15 | |
State of Tennessee v. Deanty Montgomery
E2014-01014-CCA-R3-CD
The Defendant, Deanty Montgomery, appeals as of right from his jury convictions for aggravated assault, unlawful possession of a weapon, and misdemeanor reckless endangerment, which resulted in an effective five-year sentence. On appeal, the Defendant raises the following issues for our review: (1) whether the trial court properly permitted the State‘s argument that the Defendant was engaged in unlawful activity and was, therefore, not excused from the duty to retreat under a theory of self-defense; (2) whether the trial court committed error during jury deliberations in its response to a question from the jury about a person‘s duty to retreat when engaged in an unlawful activity; and (3) whether the evidence is sufficient to support his convictions. Following our review, we affirm the trial court‘s judgments.
Authoring Judge: Judge D. Kelly Thomas, Jr.
Originating Judge:Judge Steven W. Sword |
Knox County | Court of Criminal Appeals | 05/28/15 | |
Douglas Wayne Young v. State of Tennessee
E2014-00968-CCA-R3-PC
The petitioner, Douglas Wayne Young, appeals the denial of post-conviction relief from his 2009 Sullivan County Criminal Court jury convictions of aggravated burglary, aggravated assault, especially aggravated kidnapping, and four counts of aggravated rape, claiming that the post-convction court abused its discretion by denying his motion for a continuance and that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Robert H. Montgomery, Jr. |
Sullivan County | Court of Criminal Appeals | 05/28/15 | |
David Wayne Britt v. Debra Johnson, Warden
W2014-01787-CCA-R3-HC
The Petitioner, David Wayne Britt, appeals the Circuit Court of Hardeman County‘s denial of his third petition for writ of habeas corpus. 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 Camille R. McMullen
Originating Judge:Judge J. Weber McCraw |
Hardeman County | Court of Criminal Appeals | 05/28/15 | |
State of Tennessee v. Antonio Williams aka Antwoin Williams
W2014-02108-CCA-R3-CD
Appellant, Antonio Williams a.k.a. Antwoin Williams, pleaded guilty to selling a controlled substance and received a suspended three-year sentence with eighteen months on probation. Appellant’s probation officer issued a probation violation warrant before appellant had completed his eighteen months on probation. While the warrant was pending, appellant received four additional charges and subsequently pleaded guilty to the violation of probation and the four additional charges, receiving concurrent sentencing. Appellant later filed a Motion to Correct Illegal Sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, which the trial court summarily dismissed. On appeal, appellant argues he stated a colorable claim in his motion because the trial court erroneously imposed concurrent sentencing and the trial court failed to make proper findings during sentencing. Following our review of the parties’ briefs, the record, and the applicable law, we affirm the judgment of the trial court.
Authoring Judge: Judge Roger A. Page
Originating Judge:Judge Lee V. Coffee |
Shelby County | Court of Criminal Appeals | 05/28/15 | |
State of Tennessee v. Sebastian Pegues
W2014-00854-CCA-R3-CD
A Shelby County jury convicted the Defendant, Sebastian Pegues, of two counts of first degree felony murder, one count of aggravated child abuse and one count of aggravated child neglect. The trial court merged the two first degree felony murder convictions and sentenced the Defendant to life. The trial court sentenced the Defendant to concurrent twenty-year sentences for the aggravated child abuse and aggravated child neglect convictions. On appeal, the Defendant asserts that there is insufficient evidence to support his convictions. After a thorough review of the record and applicable law, we affirm the Defendant’s convictions and sentences. We remand this case to the trial court for the entry of a corrected judgment in Count 3, indicating that the convicted offense is aggravated child neglect.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge J. Robert Carter, Jr. |
Shelby County | Court of Criminal Appeals | 05/27/15 | |
State of Tennessee v. Jerry Edward Lanier
W2014-01840-CCA-R3-CD
A Dyer County jury convicted the Defendant, Jerry Edward Lanier, of two counts of selling more than .5 gram of cocaine in a drug-free zone. Following a sentencing hearing, the trial court ordered the Defendant to serve concurrent thirty-year sentences for his convictions. On appeal, the Defendant challenges the sufficiency of the evidence against him. After a thorough review of the record and the applicable authorities, we affirm the trial court’s judgments.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Russell Lee Moore, Jr. |
Dyer County | Court of Criminal Appeals | 05/27/15 | |
State of Tennessee v. James Harrell Driver
W2014-01152-CCA-R3-CD
A Madison County jury convicted the Defendant, James Harrell Driver, of violating the Sexual Offender Registry residency restriction. The trial court sentenced the Defendant, as a Range II offender, to four-years’ incarceration. On appeal, the Defendant asserts that: (1) the evidence is insufficient to support his conviction; (2) the trial court improperly imposed a four-year sentence; and (3) Tennessee Code Annotated section 40-39-211(c) is unconstitutional as applied in this case. After a thorough review of the record and applicable law, we affirm the trial court’s judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 05/27/15 | |
Justin Dewayne Rogers v. State of Tennessee
W2014-01460-CCA-R3-PC
A Tipton County jury convicted the Petitioner, Justin DeWayne Rogers, of rape of a child, a Class A felony, and the trial court sentenced him to twenty-five years in the Department of Correction. The Petitioner appealed and this Court affirmed the conviction. State v. Justin DeWayne Rogers, No. W2009-00982-CCA-R3-CD, 2010 WL 4812776, at *1 (Tenn. Crim. App., at Jackson, Nov. 19, 2010). Thereafter, the Petitioner filed a petition for post-conviction relief, and after a hearing, the post-conviction court issued an order dismissing the petition. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel. After a thorough review of the record and relevant law, we affirm the post-conviction court’s judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Joe H. Walker, III |
Tipton County | Court of Criminal Appeals | 05/27/15 | |
James Randall Roskam v. State of Tennessee
M2014-00599-CCA-R3-PC
Petitioner, James Roskam, appeals from the post-conviction court’s denial of his petition for post-conviction relief. Petitioner was convicted of aggravated robbery and was sentenced to twenty years in confinement as a Range II multiple offender. Petitioner challenged his conviction on appeal, and a panel of this court affirmed the judgment of the trial court. State v. James Randall Roskam, No. M2011-02071-CCA-R3-CD, 2012 WL 3611749 (Tenn. Crim. App., Aug. 20, 2012), perm. app. denied (Tenn., Nov. 26, 2012). On appeal, Petitioner contends that his trial counsel was ineffective for failing to request a mistrial, failing to investigate whether exculpatory video evidence existed, failing to acquire 911 recordings, and failing to communicate with Petitioner during voir dire. After a careful review of the record, we affirm the judgment of the post-conviction court.
Authoring Judge: Presiding Judge Thomas T. Woodall
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 05/27/15 | |
Evan Kenyon Knox v. State of Tennessee
M2014-01104-CCA-R3-PC
Petitioner, Evan Kenyon Knox, was indicted by the Davidson County Grand Jury for first degree premeditated murder and for employing a firearm during the commission of a dangerous felony. Petitioner pleaded guilty to the lesser-included offense of second degree murder, and the trial court dismissed the firearm charge. Pursuant to the plea agreement, Petitioner received an out-of-range sentence of 30 years to be served at 100 percent. Petitioner filed a petition seeking post-conviction relief, alleging that his trial counsel provided ineffective assistance and that Petitioner’s guilty plea was unknowingly and involuntarily entered. Following an evidentiary hearing, the post-conviction court denied relief. Petitioner appeals. Following a careful review of the record, we affirm the judgment of the post-conviction court.
Authoring Judge: Presiding Judge Thomas T. Woodall
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 05/27/15 | |
State of Tennessee v. Willie L. Taylor
M2014-01614-CCA-R3-CD
Following a jury trial, the defendant, Willie L. Taylor, was convicted of aggravated burglary and aggravated assault, both Class C felonies. He was sentenced as a Range III, persistent offender to fourteen years for each conviction, to be served concurrently. On appeal, he argues that the evidence is insufficient to support his aggravated burglary conviction and that the State committed prosecutorial misconduct by arguing facts not in evidence. Based upon our review, we affirm the judgments of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Michael R. Jones |
Montgomery County | Court of Criminal Appeals | 05/27/15 | |
State of Tennessee v. Orlando E. Bourrage
M2014-01194-CCA-R3-CD
Appellant, Orlando E. Bourrage, pleaded guilty to simple possession of marijuana and was sentenced to eleven months, twenty-nine days, suspended to probation. In pleading guilty, he reserved a certified question of law challenging the trial court’s denial of his motion to suppress evidence seized as a result of an allegedly illegal detention. On appeal, he argues that the arresting officer unreasonably prolonged the initial traffic stop and that the trial court erred by denying his request for judicial diversion. Following our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Roger A. Page
Originating Judge:Judge Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 05/26/15 | |
Kenneth L. Williams v. State of Tennessee
M2014-01527-CCA-R3-PC
The Petitioner, Kenneth L. Williams, pursuant to a plea agreement, pleaded guilty to aggravated sexual battery with a sentence of twelve years in the Tennessee Department of Correction. The Petitioner filed, pro se, a motion to withdraw his guilty plea and a petition for post-conviction relief. After a hearing, the post-conviction court issued an order denying the motion and dismissing the petition. On appeal, the Petitioner maintains that his guilty plea was not knowingly entered and that he received the ineffective assistance of counsel. After a thorough review of the record and relevant law, we affirm the post-conviction court’s judgments.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Michael R. Jones |
Montgomery County | Court of Criminal Appeals | 05/26/15 | |
State of Tennessee v. Kenon Pack and Jennifer Banks
W2014-00518-CCA-R3-CD
The Defendants, Kenon Pack and Jennifer Banks, were both indicted by the Shelby County Grand Jury for two counts of aggravated child abuse for injuries inflicted upon Defendant Banks's five-year-old daughter. After a jury trial, both Defendants were convicted as charged, and the trial court merged the two sets of convictions into a single count of aggravated child abuse for each Defendant. On appeal, both Defendants challenge the sufficiency of the convicting evidence as well as the trial court's rulings regarding the admission and exclusion of certain evidence. Upon thorough review of the record, we affirm the judgments of the trial court.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Chris Craft |
Shelby County | Court of Criminal Appeals | 05/26/15 | |
State of Tennessee v. Antonio Crenshaw
W2014-01367-CCA-R3-CD
The Defendant-Appellant, Antonio Crenshaw, was convicted by a Shelby County jury of the charged offense of robbery, and the trial court sentenced him as a Range III, persistent offender to fifteen years. On appeal, Crenshaw argues: (1) the evidence is insufficient to sustain his conviction; (2) the trial court erred by instructing the jury on the generic offense of theft of property rather than the offense of shoplifting, by providing an incomplete charge for theft of property, and by giving a confusing definition for the term “violence” in the robbery charge in response to a question from the jury; (3) he was deprived of due process and a fair trial when the trial court corrected defense counsel during and after his closing argument, when the trial court ruled against him on a Rule 404(b) issue, and when a witness later testified, over his objection, that employees informed her Crenshaw had been “stealing again” after the incident in this case; and (4) the trial court lacked jurisdiction over his case because the grand jury foreperson on the grand jury indicting him possibly served longer than her two-year term. Upon review, we affirm the trial court's judgment.
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge Lee V. Coffee |
Shelby County | Court of Criminal Appeals | 05/22/15 |