| State of Tennessee v. Joshua Matthew Cline
M2013-01846-CCA-R3-CD
Appellant, Joshua Matthew Cline, pleaded guilty to two counts of rape of a child. The trial court sentenced him to consecutive terms of twenty-five years in the Tennessee Department of Correction. On appeal, appellant argues that the trial court abused its discretion by imposing consecutive sentences. Following our review, we affirm the judgments of the trial court.
Authoring Judge: Judge Roger A. Page
Originating Judge:Judge Michael R. Jones |
Montgomery County | Court of Criminal Appeals | 03/31/14 | |
| Dominque Simons v. State of Tennessee
M2013-01663-CCA-R3-PC
The Appellant appeals the trial court’s summary dismissal of his motion to withdraw his guilty plea. The ruling of the trial court is affirmed.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Michael R. Jones |
Montgomery County | Court of Criminal Appeals | 03/31/14 | |
| Martha Ann Freeman v. State of Tennessee
M2011-01617-CCA-R3-PC
The Petitioner, Martha Ann Freeman, appeals from the Davidson County Criminal Court’s denial of her petition for post-conviction relief from her conviction for first degree murder, for which she is serving a life sentence. She contends that trial counsel provided the ineffective assistance of counsel in the plea bargaining process. We affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Judge J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 03/31/14 | |
| State of Tennessee v. Robert Dwight Davis, Alias
E2013-01797-CCA-R3-CD
Robert Dwight Davis, alias (“the Defendant”), pleaded guilty to one count each of possession with intent to sell cocaine with priors, aggravated burglary, attempted aggravated robbery, and criminal impersonation. Pursuant to the plea agreement, the Defendant was sentenced to an effective sentence of sixteen years, to be suspended on “enhanced probation.” Upon the filing of a probation revocation warrant, the Defendant was taken into custody, and a revocation hearing was held. At the conclusion of the hearing, the trial court revoked the Defendant’s probation and ordered him to serve his original sentence in confinement. The Defendant timely appealed the trial court’s ruling. Upon a thorough review of the record, we affirm the trial court’s judgment.
Authoring Judge: Judge Jeffrey S. Bivins
Originating Judge:Judge Steven W. Sword |
Knox County | Court of Criminal Appeals | 03/31/14 | |
| Fernandez Deon Davenport v. Arvil Champman, Warden
M2013-01680-CCA-R3-HC
Fernandez Deon Davenport (“the Petitioner”) filed a petition for a writ habeas corpus regarding his conviction of second degree murder. The habeas corpus court summarily dismissed the petition, and this appeal followed. Upon our thorough review of the record and applicable law, we affirm the habeas corpus court’s judgment.
Authoring Judge: Judge Jeffrey S. Bivins
Originating Judge:Judge Jim T. Hamilton |
Wayne County | Court of Criminal Appeals | 03/28/14 | |
| State of Tennessee v. Erique Richardson
W2012-01866-CCA-R3-CD
The Defendant, Erique Richardson, was convicted by a Shelby County Criminal Court jury of being a felon in possession of a handgun, a Class E felony. See T.C.A. § 39-17-1307 (2010) (amended 2013). He was sentenced as a Range II, multiple offender to three years’ confinement. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction and (2) the trial court denied his right to counsel. We affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Judge John T. Fowlkes Jr. |
Shelby County | Court of Criminal Appeals | 03/28/14 | |
| State of Tennessee v. Deshundric Dennis
W2012-02236-CCA-MR3-CD
The defendant, Deshundric Dennis, appeals his Shelby County Criminal Court jury conviction of aggravated assault, for which he received a three-year Range I sentence. On appeal, the defendant challenges the sufficiency of the convicting evidence. Discerning no error, we affirm.
Authoring Judge: Judge James Curwood Witt Jr.
Originating Judge:Judge L.T. Lafferty |
Shelby County | Court of Criminal Appeals | 03/28/14 | |
| State of Tennessee v. Herlana Brewer
W2013-00682-CCA-R3-CD
The Defendant, Herlana Brewer, challenges the trial court’s revocation of her community corrections sentence, imposition of full incarceration, and increase to the length of her effective sentence. Specifically, she contends that the trial court did not follow the requirements of Tennessee Code Annotated section 40-35-210 in revoking her community corrections sentence and improperly increased the length of her sentence on one of the offenses based upon her extensive criminal history and behavior. Upon consideration of the record and applicable authorities, we affirm the judgments of the trial court.
Authoring Judge: Judge D. Kelly Thomas
Originating Judge:Judge James C. Beasley Jr. |
Shelby County | Court of Criminal Appeals | 03/28/14 | |
| Andre De La Rey Rossouw v. State of Tennessee
M2013-00604-CCA-R3-CO
The Petitioner, Andre De La Rey Rossouw, pleaded guilty in 2001 to stalking. On July 27, 2012, the Petitioner filed a petition for writ of error coram nobis arguing that his guilty plea was constitutionally invalid. Following a hearing, the coram nobis court denied the petition, and the Petitioner timely appealed. After a careful review of the record, we affirm the judgment of the coram nobis court.
Authoring Judge: Judge Jeffrey S. Bivins
Originating Judge:Judge J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 03/28/14 | |
| State of Tennessee v. Wayne Charles Green
M2013-01082-CCA-R3-CD
Wayne Charles Green (“the Defendant”) pleaded guilty to theft of property of $60,000 or more. Pursuant to the plea agreement, the trial court sentenced the Defendant to a sentence of ten years. Following a sentencing hearing, the trial court ordered this sentence to be served in incarceration and ordered the Defendant to pay restitution of $123,901.22. On appeal, the Defendant argues that the trial court erred in denying probation or other alternative sentencing. After a thorough review of the record and the applicable law, we affirm the judgment of the trial court.
Authoring Judge: Judge Jeffrey S. Bivins
Originating Judge:Judge Thomas W. Graham |
Grundy County | Court of Criminal Appeals | 03/28/14 | |
| David Neal Davis v. State of Tennessee
M2012-02643-CCA-R3-CD
Petitioner, David Neal Davis, was indicted by the Rutherford County Grand Jury on four counts of aggravated sexual battery and one count of attempted aggravated sexual battery. The trial ended in a mistrial. Petitioner was subsequently charged in a superseding indictment with two counts of rape of a child, eight counts of aggravated sexual battery, solicitation of a minor, and attempted aggravated sexual battery. Petitioner was convicted of rape of a child, attempted rape of a child, seven counts of aggravated sexual battery, two counts of child abuse, and one count of attempted solicitation of a minor. See State v. David Neal Davis, No. M2009-00691-CCA-R3-CD, 2011 WL 1631828 (Tenn. Crim. App., at Nashville, Apr. 19, 2011), perm. app. denied, (Tenn. Aug. 31, 2011). He was sentenced to an effective sentence of twenty years. His convictions and sentence were affirmed on appeal. Id. at *1. Among other things, Petitioner subsequently sought post-conviction relief on the basis of ineffective assistance of counsel. After a lengthy post-conviction hearing, the post-conviction court denied relief, finding that Petitioner failed to show clear and convincing evidence that he received ineffective assistance of counsel or that he was otherwise entitled to post-conviction relief. Petitioner appeals, arguing that the post-conviction court improperly denied relief where trial counsel was ineffective for: (1) requesting a mistrial; (2) failing to adequately investigate the case, including failing to call certain witnesses at trial; (3) failing to request mental health records of the victim; (4) failing to use the prior recorded statement of the victim at trial; (5) failing to object to testimony regarding evidence of other crimes not charged in the indictment; (6) failing to properly cross-examine the mother of the victim; and (7) failing to object to the State’s usage of the video interview of Petitioner. Additionally, Petitioner complains that the post-conviction court improperly determined that one of Petitioner’s issues was not proper for post-conviction relief and that the cumulative effect of all the errors at trial did not violate Petitioner’s rights. After a thorough review of the record, we determine Petitioner failed to establish that he is entitled to post-conviction relief. Consequently, the judgment of the post-conviction court is affirmed.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Don R. Ash |
Rutherford County | Court of Criminal Appeals | 03/27/14 | |
| State of Tennessee v. Mohammed R. Islam
M2013-01182-CCA-R3-CD
In the October 2011 term, Appellant, Mohammed Rafiqul Islam, was indicted by the Davidson County Grand Jury for two counts of especially aggravated kidnapping, three counts of aggravated assault, one count of aggravated burglary, and four counts of violation of an order of protection. Appellant pled guilty to two counts of kidnapping, three counts of aggravated assault, one count of aggravated burglary, and one count of violating an order of protection. The trial court sentenced Appellant to an effective sentence of fifteen years. On appeal, Appellant argues that the trial court erred in setting the length of the sentence, in denying alternative sentencing, and in imposing consecutive sentences. After a thorough review of the record, we conclude that there was no abuse of discretion. Therefore, we affirm the judgments of the trial court.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Steve Dozier |
Davidson County | Court of Criminal Appeals | 03/27/14 | |
| State of Tennessee v. Jimmie Lee Reeder
M2013-02093-CCA-R3-CD
The appellant, Jimmie Lee Reeder, pled guilty in the Cheatham County Circuit Court to two counts of domestic assault and received consecutive sentences of eleven months, twenty-nine days to be served on supervised probation. Subsequently, the trial court revoked his probation and ordered that he serve the balance of his sentences in confinement. On appeal, the appellant contends that the trial court improperly combined his probation revocation hearing with a sentencing hearing for additional convictions and that the trial court should have dismissed the probation revocation proceeding because it violated his rights to due process and a speedy trial. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Larry Wallace |
Cheatham County | Court of Criminal Appeals | 03/27/14 | |
| Antonio Dwayne Johnson v. State of Tennessee
M2013-01919-CCA-R3-PC
The Petitioner, Antonio Dwayne Johnson, appeals the Montgomery County Circuit Court’s denial of his petition for post-conviction relief from his conviction of selling one-half gram or more of cocaine, a Class B felony, and resulting twelve-year sentence. On appeal, the Petitioner contends that he received the ineffective assistance of counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge John H. Gasaway |
Montgomery County | Court of Criminal Appeals | 03/27/14 | |
| State of Tennessee v. Laythaniel Haney, Jr.
E2013-01302-CCA-R3-CD
The Defendant, Laythaniel Haney, Jr., was convicted by a Cocke County Criminal Court jury of the delivery of a controlled substance and received a fifteen-year sentence as a career offender. In this delayed appeal, he contends that the trial court erred by finding that 1) he was not prejudiced by jurors’ falling asleep during the trial and 2) he was not prejudiced by his being under the influence of drugs at the trial. We affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Judge Ben W. Hooper, II |
Cocke County | Court of Criminal Appeals | 03/26/14 | |
| Loren Janosky v. Stanton Heidle, Warden
E2013-02284-CCA-R3-HC
The petitioner, Loren Janosky, appeals from the denial of his petition for writ of habeas corpus, which challenged his 2003 convictions of aggravated rape and especially aggravated kidnapping. Discerning no error, we affirm.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Thomas W. Graham |
Bledsoe County | Court of Criminal Appeals | 03/26/14 | |
| State of Tennessee v. Michael Davis
W2013-01122-CCA-R3-CD
The defendant, Michael Davis, appeals his Shelby County Criminal Court jury conviction of second degree murder, challenging both the sufficiency of the convicting evidence and the trial court’s refusal to instruct the jury on accident. Discerning no error, we affirm.
Authoring Judge: Judge James Curwood Witt Jr.
Originating Judge:Judge James M. Lammey Jr. |
Shelby County | Court of Criminal Appeals | 03/26/14 | |
| Carlos Rice v. State of Tennessee
W2013-00681-CCA-R3-PC
The Petitioner, Carlos Rice, appeals the Shelby County Criminal Court’s denial of his motion to reopen post-conviction proceedings. After reviewing the record in this case, we conclude that the trial court properly denied the motion and that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, we affirm the judgment of the trial court.
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge John W. Campbell |
Shelby County | Court of Criminal Appeals | 03/26/14 | |
| Jacob Edward Campbell v. State of Tennessee
M2013-02664-CCA-R3-ECN
The petitioner filed pro se a writ of error coram nobis seeking relief from his first degree murder and robbery convictions. The trial court summarily denied relief and this appeal followed. We affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals.
Authoring Judge: Judge Jeffrey S. Bivins
Originating Judge:Judge J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 03/26/14 | |
| State of Tennessee v. William Cole Comer
E2013-00906-CCA-R3-CD
The defendant, William Cole Comer, appeals his Knox County Criminal Court jury convictions of driving under the influence, failure to stop, and possession of drug paraphernalia, and his bench conviction of violating the implied consent law, claiming that the trial court erred by permitting the arresting officer to testify as an expert witness for purposes of admitting a cocaine field test. Discerning no error, we affirm.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Steven Sword |
Knox County | Court of Criminal Appeals | 03/26/14 | |
| State of Tennessee v. Michael Wiss
M2012-01547-CCA-R3-CD
In 2011, the Maury County Grand Jury indicted Appellant, Michael Wiss, for harassment by the electronic phone communication of text messaging. A jury convicted Appellant of harassment. He was then sentenced to eleven months and twenty-nine days and ordered to pay a $2500 fine. On appeal, Appellant argues that the evidence presented by the State at trial was insufficient to support his conviction. After a thorough review of the record, we affirm the judgment of the trial court and conclude that the evidence was sufficient to support Appellant’s conviction.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Jim T. Hamilton |
Maury County | Court of Criminal Appeals | 03/26/14 | |
| State of Tennessee v. Angela K. Pendergrass
E2013-01409-CCA-R3-CD
The defendant, Angela K. Pendergrass, appeals her Hamilton County Criminal Court bench trial conviction of driving under the influence. Discerning no error, we affirm the judgment of the trial court.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Don W. Poole |
Hamilton County | Court of Criminal Appeals | 03/25/14 | |
| State of Tennessee v. Saidrick Tiwon Pewitte
W2013-00962-CCA-R3-CD
A Madison County Circuit Court jury convicted the Defendant-Appellant, Saidrick Tiwon Pewitte, of possession of .5 grams or more of cocaine with the intent to sell; possession of .5 grams or more of cocaine with the intent to deliver; possession of a Schedule III controlled substance (dihydrocodeinone) with the intent to sell; possession of dihydrocodeinone with the intent to deliver; and possession of a firearm with the intent to go armed during the commission of or attempt to commit a dangerous felony. See T.C.A. §§ 39-17-417, -1324 (2011). He received a total effective sentence of twenty-eight years in the Department of Correction. The sole issue presented for our review is whether the evidence is sufficient to support the convictions. Upon review, we affirm the judgments of the trial court.
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge Donald H. Allen |
Madison County | Court of Criminal Appeals | 03/25/14 | |
| State of Tennessee v. David Wayne Richards
E2013-01054-CCA-R3-CD
The appellant, David Wayne Richards, pled guilty in the Hawkins County Criminal Court to possession of a Schedule III controlled substance with intent to deliver. Pursuant to the plea agreement, he was sentenced as a Range I, standard offender to two years, one day with the manner of service to be determined by the trial court. The trial court ordered that the appellant serve his sentence in confinement. On appeal, the appellant contends that the trial court erred by denying his request for judicial diversion or alternative sentencing. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge John F. Dugger, Jr. |
Hawkins County | Court of Criminal Appeals | 03/25/14 | |
| State of Tennessee v. Adonta Lasha Griggs
E2013-01961-CCA-R3-CD
The Defendant, Adonta Lasha Griggs, appeals as of right from the Blount County Circuit Court’s revocation of his community corrections sentence and order of incarceration. The Defendant contends (1) that the trial court abused its discretion in revoking his community corrections sentence because there was not “sufficient evidence” for the trial court to conclude a violation occurred and (2) that even if a violation occurred, the trial court abused its discretion by placing his original sentence into effect, instead of ordering a sentence of split confinement. Following our review, we affirm the trial court’s revocation of the Defendant’s community corrections sentence.
Authoring Judge: Judge D. Kelly Thomas, Jr.
Originating Judge:Judge David R. Duggan |
Blount County | Court of Criminal Appeals | 03/25/14 |