APPELLATE COURT OPINIONS

Petitioner, Michael Young, pleaded guilty to two counts of attempted first degree murder and one count of aggravated robbery in exchange for an effective forty-year sentence. Subsequently, petitioner filed a petition for post-conviction relief. After an evidentiary hearing, the post-conviction court denied relief. On appeal, petitioner argues that trial counsel provided ineffective assistance by failing to file a motion to suppress petitioner’s statement to police based on his being a juvenile and by failing to ensure that petitioner understood the sentence alignment included in the plea agreement. He also contends that his guilty plea was rendered involuntary because of trial counsel’s ineffective assistance. Discerning no error, we affirm the judgment of the post-conviction court.

The Petitioner, Jeffery Gaylon Douglas, filed a petition for post-conviction relief attacking his convictions for rape and sexual battery on the basis of ineffective assistance of trial counsel. The post-conviction court denied relief following an evidentiary hearing, finding that the Petitioner had failed to prove his allegations by clear and convincing evidence. In this appeal as of right, the Petitioner contends that trial counsel was ineffective by improperly advising him to testify at his trial. After our review, we affirm the judgment of the post-conviction court.

The defendant, Ricky Earl Genes, pleaded guilty to three counts of aggravated assault, and the Hickman County Circuit Court sentenced him as a Range I, standard offender to a term of 18 years’ imprisonment. On appeal, the defendant argues that the trial court erred in its application of certain enhancement factors. In addition, the defendant challenges both the manner of service and the alignment of his sentences. Discerning no error, we affirm the judgments of the trial court.

The Petitioner, Charhela Wilson, appeals as of right from the Davidson County Criminal Court’s denial of her petition for post-conviction relief. The Petitioner contends that her pleas of nolo contendere to two counts of aggravated child neglect, a Class B felony, were not knowingly and voluntarily entered into due to the ineffective assistance of her trial counsel. See Tenn. Code Ann. § 39-15-402. However, the Petitioner’s notice of appeal was untimely filed. Following our review, we conclude that the interest of justice does not require waiver of the timely filing requirement in this case. Accordingly, the appeal is dismissed.

Matthew Jackson ("the Petitioner"), acting pro se, filed for post-conviction DNA analysis after pleading guilty to two counts of aggravated rape, one count of aggravated kidnapping, one count of aggravated robbery, and one count of theft of property over $500. After a hearing, the post-conviction court denied the petition. The Petitioner now appeals. Upon our thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court.

Following a jury trial, the defendant, Charles D. Sprunger, was convicted of sexual exploitation of a minor, a Class B felony, and sentenced as a Range I offender to eight years at 100%. On appeal, he argues that the evidence is insufficient to support his conviction and that the trial court erred in sentencing him. After review, we affirm the judgment of the trial court.

The Petitioner, Lonnie Lee Owens, appeals the Franklin County Circuit Court’s denial of his petition for post-conviction relief from his convictions for second degree murder, abuse of a corpse, and theft over $10,000 and his effective twenty-four-year sentence. On appeal, he contends that (1) counsel was ineffective by failing to object to an erroneous statement contained in the presentence report and by failing to include the trial transcript in the appellate record, (2) counsel was ineffective in cross-examining the medical examiner, (3) counsel was ineffective by attempting to negotiate a plea agreement in the jury’s presence, (4) counsel was ineffective by failing to request a jury instruction on lesser included offenses, (5) counsel was ineffective by failing to interview a witness before the trial, (6) counsel was ineffective by failing to request a change of venue, (7) counsel was ineffective by failing to file a motion for a new trial and by failing to appeal his conviction, (8) the cumulative effect of counsel’s errors deprived him of the effective assistance of counsel, and (9) he is entitled to a delayed appeal. We affirm the judgment of the trial court.

A Williamson County Criminal Court Jury found the appellant, Gregory Lamont Hodge a.k.a Gregory L. Locke, guilty of delivery of .5 grams or more of cocaine, a Class B felony. The trial court sentenced the appellant as a career offender to thirty years in the Tennessee Department of Correction. On appeal, the appellant contends that the Williamson County Sheriff’s Department’s refusal to allow defense counsel to record an interview with the confidential informant who purchased drugs from the appellant prevented him from receiving a fair trial. Upon review, we affirm the judgment of the trial court.

The Petitioner, Joseph Shaw, appeals as of right from the Madison County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner contends (1) that he received ineffective assistance from his trial counsel because trial counsel failed to challenge a juror who was previously acquainted with the Petitioner; (2) that trial counsel was ineffective for failing to call several witnesses to testify as to the Petitioner’s character; and (3) that the Petitioner was denied his right to trial by a fair and impartial jury. Following our review, we affirm the judgment of the post-conviction court.

The Defendant, Paula Crowder, pled guilty to vehicular assault, a Class D felony, and was sentenced to serve three years in the Department of Correction (DOC). She challenges the trial court’s denial of probation and alternative sentencing. After consideration of the applicable authorities and the record on appeal, we affirm the judgment of the trial court.

Appellant, Arnes’a Hart, was indicted by the Davidson County Grand Jury for one count of felony murder, one count of aggravated child neglect, and one count of child neglect after the death of her infant son. In exchange for pleas of guilty to criminally negligent homicide and child neglect, Appellant received sentences of six years and one year, respectively. The sentences were ordered to be served concurrently. The charge of aggravated child neglect was dismissed. The plea agreement specified that the trial court would determine the manner of service of the sentence after a hearing. After a sentencing hearing, the trial court denied alternative sentencing, ordering Appellant to serve her sentence in confinement in order to avoid depreciating the seriousness of the offense and due to Appellant’s lack of truthfulness at the sentencing hearing. Appellant appeals the denial of alternative sentencing. After a review of the record and the applicable authorities, we conclude the record indicates that the trial court did not abuse its discretion in denying an alternative sentence where the proof showed that there was a need for deterrence of similar crimes, and Appellant was untruthful at the sentencing hearing. Accordingly, the judgment of the trial court is affirmed.

The defendant, Telly Lamont Booker, appeals from his Knox County Criminal Court jury convictions of possession with intent to sell or deliver .5 grams or more of cocaine in a school zone, evading arrest, and unlawful possession of a weapon. In this appeal, he contends that the trial court erred by admitting evidence of his previous convictions, by permitting a police officer to testify as an expert witness on the habits of individuals involved in the illegal drug trade, and by refusing to provide a requested jury instruction. Discerning no error, we affirm.

The Defendant, Olivia Kathleen Epps, pleaded guilty to first offense driving under the influence, a Class A misdemeanor. See T.C.A. § 55-1-401 (2010). She was sentenced as a Range I, standard offender to eleven months and twenty-nine days, all suspended but forty-eight hours. The Defendant’s plea agreement reserved a certified question of law regarding the legality of the traffic stop that led to her arrest. We affirm the judgment of the trial court./p>

The Petitioner, Cleo Henderson, appeals the Circuit Court of Lauderdale County’s denial of his pro se 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.

The Petitioner, Michael Thacker, appeals the Circuit Court of Hardeman County’s denial of his pro se 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.

The petitioner, James Richard Lening, appeals the denial of his petition for post-conviction relief from his 2008 Davidson County Criminal Court jury convictions of aggravated burglary, aggravated assault, felony vandalism, and aggravated criminal trespass, claiming that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm.

The petitioner, Philander Butler, appeals the summary dismissal of his petition for the writ of error coram nobis which challenged his 1989 and 1990 guilty pleas to sale of a controlled substance, possession of a controlled substance with intent to sell, and attempted possession of a controlled substance with the intent to sell. The trial court dismissed the petition on grounds: (1) that it was filed outside the applicable statute of limitation; and (2) that the petition failed to state a cognizable claim. On appeal, he contends that the dismissal was erroneous. The petitioner also contends that the court erred in summarily dismissing his “Motion to Alter or Amend Judgment Pursuant to Rule 59.04 and Motion to Set Aside Judgment Pursuant to Rule 60.02(2)-(3).” Following review of the record we discern no error and affirm the dismissal of the petition and motion.

The Defendant, Marcie Lynn Pursell, was found guilty by a Davidson County Criminal Court jury of three counts of aggravated child abuse, Class A felonies. See T.C.A. § 39-15-402 (2006) (amended 2009, 2011, 2012). She was sentenced as a Range I, standard offender to three concurrent terms of fifteen years’ confinement. On appeal, she contends that the evidence is insufficient to support her convictions and that the trial court erred by not allowing her to present evidence that she consented to a polygraph examination. We affirm the judgments of the trial court.

The Defendant, Jim George Conaser, contends (1) that the evidence presented at trial was insufficient to support his conviction for harassment and (2) that the trial court’s imposition of consecutive sentencing was improper. After a review of the record and the applicable authorities, we conclude that the evidence is sufficient to support the Defendant’s harassment conviction and that the trial court did not abuse its discretion in ordering the sentence from that conviction to run consecutively to a prior, unserved sentence.

Following a jury trial, Petitioner, Damien Clark, was convicted of second degree murder. This court affirmed the judgment of conviction in State v. Damien Clark, W2007-00651-CCA-R3-CD, 2009 WL 890886 (Tenn. Crim. App. April 1, 2009), perm. app. denied (Tenn. Aug. 17, 2009). Petitioner filed a timely petition for post-conviction relief. Following an evidentiary hearing, the petition was dismissed. Petitioner appeals, asserting that he is entitled to post-conviction relief because his trial counsel rendered ineffective assistance of counsel. We affirm the judgment of the post-conviction court.

Following a jury trial, Defendant, Neil Vader, was convicted of driving in violation of a motor vehicle habitual offender (MVHO) order, driving under the influence of an intoxicant (DUI), violation of the implied consent law, and driving on a revoked driver’s license. Defendant waived a jury trial to determine the number of his prior DUI convictions. The trial court found that Defendant had three prior DUI convictions and was guilty of DUI fourth offense. The trial court sentenced Defendant to serve one year and nine months for counts one and two and eleven months and twenty nine days for count three. All of Defendant’s sentences were ordered to run consecutively. The trial court merged count four, driving on a revoked driver’s license, with violation of a MVHO order. On appeal, Defendant raises the following issues: (1) the trial court erred in excluding testimony offered as extrinsic evidence of a prior inconsistent statement to impeach a witness; (2) the prosecuting attorney engaged in misconduct during closing arguments; and (3) the cumulative effect of the trial court’s evidentiary error and prosecutorial misconduct constitutes reversible error. After thorough review, we affirm the judgments of the trial court.

The Defendant, John Allen Hessmer, appeals pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. The trial court denied the Defendant’s request to proceed pro se during his pretrial hearings on the charges of aggravated burglary, arson of a structure, arson of personal property or real estate, harassment, and stalking. We reverse the judgment of the trial court and remand the case to the Criminal Court for Wilson County

The defendant, Lewis Green, appeals the trial court’s decision to deny his request for alternative sentencing and judicial diversion. The defendant pled guilty to seven counts of possession of cocaine with intent to sell and one count of possession of marijuana with intent sell. He received an effective five-year sentence for the convictions. Following a hearing, the trial court ordered that the sentences be served in incarceration and denied the defendant’s request for judicial diversion. Following review of the record, we affirm the sentencing decisions of the trial court.

A Davidson County Grand Jury returned an indictment against Defendant, DeShawn Lamar Baker, charging him with solicitation of aggravated robbery, conspiracy to commit aggravated robbery, aggravated robbery, and felony possession of a handgun. Following a jury trial, Defendant was convicted of conspiracy to commit aggravated robbery, aggravated robbery, and felony possession of a handgun. Defendant was sentenced to ten years for the conspiracy charge, eighteen years for aggravated robbery, and four years for the handgun charge to be served concurrently for an effective eighteen-year sentence in the Department of Correction as a Range II offender. On appeal, Defendant argues: (1) that the evidence was insufficient to support his convictions; and (2) that the State commited prosecutorial misconduct by failing to timely disclose the discovery of his wallet containing the victim’s driver’s license and that John Peoples would be called as a witness at trial. After a thorough review, we affirm the judgments of the trial court.

A Montgomery County Circuit Court Jury convicted the appellant of the felony murder and attempted aggravated robbery of the victim, George Miller, Jr. The trial court imposed a total effective sentence of life imprisonment in the Tennessee Department of Correction with the possibility of parole. On appeal, the appellant challenges the trial court’s denial of the appellant’s motions to suppress the results of a buccal swab and testimony regarding DNA test results. He also contests the sufficiency of the evidence supporting his convictions. Upon review, we affirm the judgments of the trial court.