APPELLATE COURT OPINIONS

Carl Bond (“the Defendant”) was convicted after a jury trial of aggravated robbery. Following a sentencing hearing, the trial court sentenced the Defendant as a Range II offender to seventeen years, to be served in confinement at 100%. On appeal, the Defendant contends that the evidence is not sufficient to support his conviction, that the trial court erred in its ruling on the admissibility of a prior conviction for impeachment purposes, and that the trial court imposed an excessive sentence. Upon our thorough review of the record, we affirm the judgment of the trial court.

Post-conviction petitioner, Demario Johnson, challenges his 2008 conviction of first degree murder and resulting sentence of life imprisonment. On appeal, he alleges the following claims of ineffective assistance of counsel: (1) failure to investigate and present evidence of his mental health history; and (2) failure to challenge the medical examiner’s opinion regarding the victim’s cause of death. Discerning no error, we affirm the judgment of the post-conviction court.

The Defendant-Appellant, Wesley Jones, appeals his conviction for first degree premeditated murder. On appeal, he argues that (1) the trial court abused its discretion in allowing a witness to be recalled to testify, and (2) the evidence is insufficient to support his conviction. Upon review, we affirm the trial court’s judgment.

A Dickson County grand jury indicted appellant, Howard B. Lewis, III, for especially aggravated burglary, aggravated assault, and domestic assault. He entered a guilty plea to aggravated assault, and the State dismissed the remaining charges. The parties agreed to submit the length of the sentence and any alternative sentencing decision to the trial court. Following a sentencing hearing, the trial court sentenced appellant to six years in the Tennessee Department of Correction. Appellant now challenges the trial court’s findings, alleging that the trial court impermissibly enhanced his sentence. Discerning no error, we affirm the judgment of the trial court.

Petitioner, Shundell Lynn Dickerson, appealed the trial court’s denial of post-conviction relief, and this court affirmed the judgment of the post-conviction court. Shundell Lynn Dickerson v. State of Tennessee, No. M2011-00644-CCA-R3-PC, 2012 WL 2564376 (Tenn. Crim. App. at Nashville, filed July 3, 2012). In that opinion, Petitioner raised the issue of whether his appellate counsel was ineffective for failing to challenge the sufficiency of the convicting evidence on direct appeal. We acknowledged that pursuant to our supreme court’s decision in State v. Parker, 350 S.W.3d 883 (Tenn. 2011), appellate review of the sufficiency of the evidence must be undertaken with respect to the offense for which a defendant was convicted rather than the greater offense with which he or she was charged. We were precluded, however, from fully considering the issue because the summary of the facts contained in our opinion in the direct appeal was not adequate to allow for review of the issue, and, through no fault of Petitioner, the appellate record in the direct appeal was destroyed in the historic Nashville flood in May, 2010. Therefore, this court could not determine from the record whether Petitioner suffered prejudice by appellate counsel’s deficient performance in failing to challenge the sufficiency of the convicting evidence on appeal. Since the filing of that opinion, this court has granted Petitioner’s petition to rehear the issue of the ineffectiveness of appellate counsel, and Petitioner has supplemented the record with copies of the trial transcript. Both parties have filed supplemental briefs. After a review of the record before us, we affirm the judgment of the post-conviction court.

I respectfully dissent from the majority’s reversal of the Defendant’s conviction for aggravated assault. The majority concludes that the State failed to present sufficient evidence of serious bodily injury to Deputy Saltkill. Nowhere in the Defendant’s brief does he even mention the issue of the sufficiency of the proof as to serious bodily injury. As the majority points out, the "crux of the Defendant’s sufficiency argument is that the State failed to prove that he did not act in self-defense." Indeed, I submit that, not only is it the "crux" of his argument, it is his only argument. The Defendant’s entire argument on the sufficiency issue is comprised of only one paragraph that consumes less than one-half of a page of the Defendant’s brief. The only citation in the paragraph is to the seminal case Jackson v. Virginia, 443 U.S. 307 (1979), regarding the general standard of appellate review on sufficiency issues. Moreover, the only reference to the proof was with regard to the issue of self defense. Under these circumstances, the Defendant clearly has failed to support any argument on the sufficiency of the evidence as to the issue of serious bodily injury "with argument, citation to relevant authorities, or any references to the appellate record." See Tenn. R. App. P. 27. Accordingly, I would find that the Defendant has waived any sufficiency argument with regard to the issue of serious bodily injury. 

The Petitioner, Melissa Barnett, appeals the Polk County Criminal Court’s denial of her petition for a writ of error coram nobis regarding her convictions for first degree murder and conspiracy to commit first degree murder, for which she is serving a life sentence. The Petitioner contends that the trial court erred by denying her relief. We affirm the judgment of the trial court.

The petitioner, Wade P. Tucker, appeals the summary dismissal of his pro se petition for writ of habeas corpus, arguing that the court erred in failing to consider his motion for appointment of counsel and that the indictment was defective so as to deprive the trial court of subject matter jurisdiction. After review, we affirm the summary dismissal of the petition.

Appellant, Eric Pernell Taylor, was on probation after entering guilty plea in the Montgomery County Circuit Court on January 7, 2011. On July 13, 2011, a probation violation warrant was issued alleging that Appellant had failed to report his arrest, failed to report to his probation officer, failed to pay litigation taxes, and tested positive for cocaine. He also admitted to the cocaine usage in writing. After holding a probation revocation hearing, the trial court revoked Appellant’s probation and ordered him to serve his sentence in incarceration. After a thorough review of the record, we conclude that the trial court did not abuse its discretion in revoking the probation or ordering the service of the sentence in incarceration. Therefore, we affirm the decision of the trial court.

The Appellant, Lindsey Brooke Lowe, petitions this Court for an accelerated interlocutory appeal as of right pursuant to Tennessee Supreme Court Rule 10B, Section 2. The Appellant seeks review of the trial court’s order denying her motion to recuse. After a thorough review of the petition, this Court concludes that the trial court properly denied the Appellant’s motion for recusal. The order of the trial court is affirmed.

The appellant, Scott McLain, pled guilty to driving under the influence (DUI) and received a sentence of eleven months and twenty-nine days with seven days to be served in confinement. As a condition of his plea, he reserved certified questions of law concerning the suppression of the results of his blood alcohol test. This court affirmed the judgment of the trial court; however, our supreme court subsequently remanded to this court for reconsideration in light of State v. Harrison, 270 S.W.3d 21 (Tenn. 2008). Upon reconsideration, we reverse the judgment of the trial court and remand for dismissal of the indictment.

The petitioner, Christopher Martin, was convicted in 1997 for rape of a child and received a twenty-five-year sentence. He was also convicted in Georgia of similar offenses and received a twenty-year sentence. The Georgia and Tennessee sentences were to be served concurrently. The petitioner filed a motion in the trial court, seeking to remove a Tennessee detainer against him. He asserted that the detainer prevented him from being eligible for parole in Georgia. The trial court denied the motion, and the petitioner now appeals. Upon review, we conclude that the appellant does not have an appeal as of right from the order. Therefore, the appeal is dismissed.

The Defendant, Eddie Leroy Rowlett, was convicted by a Stewart County jury of aggravated assault and resisting arrest. Following a sentencing hearing, the trial court imposed an effective six-year sentence. In this direct appeal, the Defendant challenges (1) the denial of his motion to suppress, arguing that the entry into his home and his subsequent detention and arrest violated his Fourth Amendment rights; (2) the sufficiency of the evidence supporting his convictions; (3) several evidentiary rulings, including the admission of certain photographs and limitations on establishing a "criminal trespass" defense; and (4) the jury instructions, arguing that a special instruction should have been given for the State’s failure to disclose the deputy’s telephone records, and that instructions on self-defense and defense of others should have been included in the final charge to the jury. Because the evidence of serious bodily injury was insufficient, the Defendant’s conviction for aggravated assault is reversed and modified to a conviction for Class A misdemeanor assault. The judgment for resisting arrest is affirmed. The case is remanded for resentencing.

Petitioner, Derek Alton Badger, was convicted of aggravated sexual battery after a jury trial in Bedford County. Petitioner’s challenge to the sufficiency of the evidence was unsuccessful on appeal. See State v. Derek Alton Badger, No. M2009-01295-CCA-R3-CD, 2010 WL 3489173, at *1 (Tenn. Crim. App., at Nashville, Aug. 25, 2010), perm. app. denied (Tenn. Jan. 18, 2011). Subsequently, Petitioner sought post-conviction relief, arguing that he received ineffective assistance of counsel and that the trial court failed to advise him regarding sex offender registration and community supervision. After a hearing on the post-conviction petition, at which Petitioner presented several witnesses, the post-conviction court dismissed the petition. Petitioner filed a timely notice of appeal and seeks our review of the dismissal of the petition for post-conviction relief on the basis of ineffective assistance of counsel. After a thorough review of the record and applicable authorities, we affirm the judgment of the post-conviction court because Petitioner has failed to show by clear and convincing evidence that he is entitled to post-conviction relief. Accordingly, the judgment of the post-conviction court is affirmed.

The Defendant, Alvin Donell Davis, appeals the revocation of his probation by the Hamilton County Criminal Court. On appeal, the Defendant argues that the trial court was without authority to revoke his probation because his sentences had expired. After a review of the record, we conclude that the trial court did not abuse its discretion in revoking the Defendant’s probation on Count 2 of his convictions and affirm the trial court’s order of probation revocation and incarceration on that count. However, because the sentences in Counts 1 and 3 expired prior to the filing of the revocation warrant, the trial court lacked the authority to revoke the Defendant’s sentence on those counts; therefore, the orders of revocation and incarceration on Counts 1 and 3 are reversed and vacated.

The Petitioner, Denzel Wallace, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his conviction of second degree murder and resulting sentence of twenty years to be served at 100%. On appeal, the Petitioner contends that he did not enter his guilty plea knowingly and voluntarily and 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.

Otis Maclin ("the Petitioner") filed a petition for post-conviction relief from his convictions based upon guilty pleas to the offenses of kidnapping, sexual battery, and aggravated assault. In accordance with the plea agreement, the Petitioner received an effective ten-year sentence. In his petition, he argued that he was denied effective assistance of counsel in conjunction with his guilty plea and that his plea was constitutionally infirm. After an evidentiary hearing, the post-conviction court denied relief, and this appeal followed. Upon our thorough review of the record and applicable law, we affirm the judgment of the post-conviction court.

Petitioner, Chanda Langston, pleaded guilty without a recommended sentence to six counts of forgery and one count of theft of property valued at $60,000 or more. The trial court imposed an effective sentence of twelve years in confinement. Following an unsuccessful direct appeal, petitioner now claims that trial counsel rendered ineffective assistance of counsel at the sentencing hearing. Following our review, we affirm the judgment of the post-conviction court.

The defendant, David Lamont Simpson, was convicted of one count of aggravated robbery, a Class B felony. Thereafter, he was sentenced to a term of fifteen years, to be served at 100%, in the Department of Correction. On appeal, he contends that the evidence is insufficient to support his conviction. Because the defendant failed to file a transcript of the evidence on appeal, he is entitled to no relief, and the judgment of conviction is affirmed.

The Petitioner, Harvey Taylor, pled guilty to rape, a Class B felony, and, pursuant to the plea agreement, the trial court sentenced him to twelve years in the Tennessee Department of Correction. The Petitioner timely filed a petition for post-conviction relief claiming that his guilty plea was not knowing and voluntary because he received the ineffective assistance of counsel. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s dismissal of the petition.

The Criminal Court for Campbell County sentenced the Defendant, Kevin C. Potter, to fifteen years of probation for multiple offenses that occurred between 2009 and 2011. In late 2011, the Defendant’s probation officer filed an affidavit seeking a probation violation warrant for the Defendant’s arrest. After a hearing, the trial court revoked the Defendant’s probation and ordered that he serve his sentence in confinement. On appeal, the Defendant contends he was denied a fair hearing on the probation violation warrant and that the trial court erred because it failed to make specific findings of fact. The State agrees, and it asks us to reverse the case and remand it to the trial court for an order containing specific factual findings based upon the proof adduced at the revocation hearing. After a thorough review of the record and applicable authorities, we agree with the parties. We, therefore, reverse the judgment of the trial court and remand for entry of an order that sets forth specific factual findings for the revocation of probation.

A Macon County jury convicted the Defendant, Kevin Gross, of criminal responsibility for facilitation of burglary and theft of property. The trial court sentenced the Defendant as a persistent offender to concurrent terms of four years and eight years, respectively, in the Tennessee Department of Correction. On appeal, the Defendant argues that the trial court erred in ruling that, if the Defendant chose to testify, the State could use his prior conviction for burglary of an automobile to impeach his testimony under Rule 609 of the Tennessee Rules of Evidence. After thoroughly reviewing the record and applicable authorities, we find that the trial court did not err when it ruled that the State could impeach the Defendant with his prior conviction for burglary of an automobile. Accordingly, we affirm the trial court’s judgment.

The defendant, Antwain Green, was convicted of two counts of attempted second degree murder of Anthony Fizer and Carrie Searcy, Class B felonies, and three counts of aggravated assaults on, Fizer, Searcy and Laura Dykes, Class C felonies. The aggravated assault convictions of Fizer and Searcy merged with the two attempted second degree murder convictions. The defendant was sentenced as a Range II offender to eighteen- year terms for each attempted murder conviction and a nine- year term for the aggravated assault conviction of Dykes, to be served consecutively to each other for an effective sentence of forty-five years. The defendant appeals his convictions and sentences, asserting that the evidence introduced at trial was insufficient to sustain the convictions, that a witness was improperly permitted to testify regarding one victim’s identification of the defendant, and that his sentences are improper and excessive. Having reviewed the record, we conclude that the evidence was sufficient to sustain the convictions, that the error in admitting the testimony regarding identification was harmless, and that the trial court did not abuse its discretion in sentencing. Accordingly, we affirm the judgments of convictions and sentences of the trial court.

The petitioner, Antonio D. Vaughn, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of counsel due to counsel’s failure to adequately communicate with him. After review, we affirm the denial of the petition.

The appellant, Bobby Lee Johnson, pled guilty to one count of possession of morphine with intent to sell, a Class B felony; one count of driving under the influence, a Class A misdemeanor; and one count of aggravated burglary, a Class C felony. See Tenn. Code Ann. §§ 39-17-417, 55-10-401, 39-14-403. Following a sentencing hearing, appellant was sentenced to an effective sentence of eight years to be served in confinement. In this appeal as of right, appellant contends that the trial court erred by denying his request for alternative sentencing. We affirm the trial court’s sentence.