APPELLATE COURT OPINIONS

The Petitioner, Scotty V. Nunn, appeals the Morgan County Criminal Court’s summary dismissal of his petition for habeas corpus relief from his 1994 convictions for fraudulent breach of trust and misapplication of contract payments and resulting sentence of fourteen years. The Petitioner contends that he is entitled to relief because of an improper extradition from the Commonwealth of Virginia. We affirm the judgment of the trial court.

Nathaniel Richardson (“the Petitioner”) entered a best interest plea to second degree murder and received a sentence of twenty years. The Petitioner subsequently filed for postconviction relief, which the post-conviction court denied following an evidentiary hearing. Upon our thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court.

A Shelby County grand jury returned a seven-count indictment against petitioner, Mikel Hamrick. He entered guilty pleas to four of the counts, including aggravated 1 burglary, especially aggravated stalking, domestic assault, and theft of property less than $500, for which he received an effective four-year sentence. The remaining counts were dismissed pursuant to the plea agreement. Petitioner sought post-conviction relief, alleging that his mental instability rendered his guilty pleas involuntary and that the infirmity was compounded by trial counsel’s failure to adequately advise him of the consequences of pleading guilty. Following our review, we affirm the judgment of the post-conviction court.

The Defendant, Pamela J. Booker, appeals the Sullivan County Criminal Court’s order revoking her probation for her three convictions for violating a habitual traffic offender order and ordering her to serve her effective fifteen-year sentence. On appeal, she contends that the court erred in ordering her to serve the sentence. We affirm the judgment of the trial court.

A Shelby County jury convicted appellant, Benjamin Murrell, of criminal attempt to commit voluntary manslaughter and employing a firearm during the commission of a dangerous felony. The trial court sentenced him to an effective sentence of eighteen years in the Tennessee Department of Correction. Appellant challenges the sufficiency of the evidence supporting his convictions. After reviewing the record, the parties’ briefs, and the applicable law, we affirm the judgments of the trial court.

The Petitioner, Kevin Abston, appeals the Lauderdale County Circuit Court’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, Marvin Anthony Matthews, appeals the Circuit Court of Lake 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.

A White County Criminal Court Jury convicted the appellant, Mack Broussard, of first degree premeditated murder, and the trial court sentenced him to life imprisonment. On appeal, the appellant contends that the trial court erred by (1) failing to instruct the jury on self-defense; (2) failing to redact the portion of the appellant’s statement to police in which he said he was on probation at the time of the crime; and (3) allowing a State witness to give a speculative opinion about the appellant’s motive for the killing. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court.
 

The defendant, Michael R. Malone, pled guilty to reckless endangerment, a Class E felony, and was sentenced to two years in the Department of Correction, to be served consecutively to a prior three-year sentence for which he was on community corrections at the time he committed the present offense. On appeal, he argues that the trial court erred in imposing consecutive sentencing. Following our review, we affirm the judgment of the trial court.

The Petitioner, Jason Clinard, appeals the Stewart County Circuit Court’s denial of his petition for post-conviction relief from his conviction of first degree premeditated murder and resulting life sentence. On appeal, he contends that he was prejudiced by trial counsel’s agreeing to transfer his case from juvenile to circuit court. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court.
 

The defendant, Joshua M. Faulk, appeals the revocation of his community corrections sentence and reinstatement of his original ten-year sentence for aggravated burglary, arguing that the trial court abused its discretion in finding that he violated the terms of his sentence based on new charges of theft and vandalism. Following our review, we affirm the judgment of the trial court.

The petitioner, Denny McAbee, pled guilty in the Davidson County Criminal Court to aggravated burglary. The trial court sentenced the petitioner to fourteen years in the Tennessee Department of Correction. Subsequently, the petitioner filed a motion to set aside his guilty plea, which the trial court denied. On appeal, the appellant challenges the trial court’s ruling. Upon review, we affirm the judgment of the trial court.

The petitioner, David Avery, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief. The petitioner was convicted of aggravated robbery, especially aggravated robbery, reckless endangerment, and attempted second degree murder and was sentenced to an effective term of forty-nine years in the Department of Correction. On appeal, he contends that he was denied his right to the effective assistance of counsel at trial and on direct appeal. After reviewing the record, we must conclude that the petitioner failed to establish his claim. Accordingly, the denial of relief is affirmed.

The defendant, Howard Lavelle Tate, was convicted of two counts of the sale of over 0.5 grams of a schedule II controlled substances, both Class B felonies, possession of over 26 grams of a schedule II controlled substance with intent to sell, possession of marijuana, and possession of drug paraphernalia. The defendant received an effective sentence of forty-seven years. The defendant challenges his convictions, asserting that the trial court erred by (1) admitting evidence seized from his home without a search warrant; (2) admitting evidence that was improperly preserved with no established chain of custody; (3) allowing the State to present inconsistent evidence regarding the substance sold; (4) allowing the State to add an additional count to the indictment; and (5) ordering consecutive sentences. After a thorough review of the record, we conclude that the trial court erred in denying the motion to suppress and the evidence seized as the result of the unlawful search should have been excluded from consideration by the jury. Therefore, the convictions that resulted therefrom, possession of drug paraphernalia, possession of marijuana, and possession of schedule II controlled substance with intent to sell are reversed and remanded. The defendant’s convictions on two counts of sale of over 0.5 grams of schedule II controlled substance and sentences are affirmed.

On September 10, 2009, a Madison County jury convicted the Petitioner, Aaron Benard Barnett, of one count of aggravated burglary and one count of vandalism, and the trial court sentenced him to an effective sentence of ten years of incarceration. The Petitioner appealed his jury convictions and his sentence, and this Court affirmed his convictions and sentence. State v. Aaron Benard Barnett, No. W2009-02582-CCA-R3-CD, 2011 WL 1224208 (Tenn. Crim. App., at Jackson, Mar. 30, 2011), no Tenn. R. App. P. 11 application filed. The Petitioner filed a petition for post-conviction relief, alleging that he had received the ineffective assistance of counsel. After a hearing, the post-conviction court dismissed the petition. On appeal, the Petitioner maintains that his trial counsel was ineffective. After a thorough review of the record and applicable authorities, we conclude there exists no error in the judgment of the post-conviction court. We, therefore, affirm the post-conviction court’s judgment.

Newt Carter (“the Petitioner”) filed for post-conviction relief, challenging his convictions for aggravated rape and aggravated burglary. As his bases for relief, he alleged several grounds of ineffective assistance of counsel at trial and that “newly discovered evidence” existed in the case. After the close of the Petitioner’s proof in an evidentiary hearing, upon motion by the State, the post-conviction court denied relief, and this appeal followed. On appeal, the Petitioner asserts that trial counsel (1) failed to account for the Petitioner’s learning disabilities and (2) failed to call Benjamin Jackson as a witness. Based upon the record before us, we are compelled to vacate the judgment of the post-conviction court and remand this action to the Madison County Circuit Court for conclusion of the evidentiary hearing and for the post-conviction court to make factual findings and conclusions at the close of all the proof based on all of the evidence presented at the post-conviction hearing.

In case 09-335, the Defendant, Tina Dehart, pled guilty to theft of property valued over $1,000, and the trial court sentenced her to three years to be served on community corrections, but it later granted her judicial diversion. In case 11-622, the Defendant pled guilty to theft of property valued over $500. After her plea, the trial court determined that her new conviction violated the terms of her probationary sentence in case number 09-335. The trial court sentenced the Defendant to three years in case number 09-335 and to two years in case number 11-622. The trial court ordered that the sentences be served consecutively and in confinement. On appeal, the Defendant contends that the trial court erred when it denied her request for alternative sentencing. After a thorough review of the record and applicable case law, we conclude that there exists no error in the judgments of the trial court. We, therefore, affirm the trial court’s judgments.

The defendant, Brenda Woods, was convicted by a Hardeman County jury of three counts of procuring an illegal vote, a Class E felony, and was sentenced by the trial court to concurrent terms of two years for each offense, with credit given for one day’s jail service and the remainder of the time on supervised probation. The defendant was also disqualified from holding public office for the duration of her sentence pursuant to Tennessee Code Annotated section 40-20-114(a). She raises the following four issues on appeal: (1) whether the prosecutor engaged in misconduct that deprived her of a fundamentally fair trial; (2) whether the trial court erred by overruling her Batson challenge to the prosecutor’s exercise of a peremptory challenge; (3) whether the evidence is sufficient to sustain her convictions; and (4) whether the trial court erred by allowing testimony from an investigator about his telephone conversations with her. Fpllowing our review, we reverse and remand for a new trial.

A jury convicted the defendant, Anthony Benton, of reckless endangerment, a Class E felony; aggravated assault, a Class C felony; and possessing a handgun after having been convicted of a felony, a Class C felony. The reckless endangerment count was merged into the aggravated assault conviction. The defendant received an effective sentence of nineteen years. On appeal, the defendant asserts that the evidence at trial was insufficient to support the verdicts. After a thorough review of the record, we affirm the judgment of the trial court, but remand for a corrected judgment.

Anton Carlton (“the Petitioner”) filed a petition for writ of habeas corpus, alleging that he received a sentence for an offense for which he was not convicted. The habeas corpus court dismissed his petition without a hearing, and the Petitioner now appeals. After a thorough review of the record and the applicable law, we affirm the habeas corpus court’s summary dismissal of habeas corpus relief. However, we remand the case to the sentencing court to enter a corrected judgment as specified in this opinion.

The defendant was convicted of two counts of reckless aggravated assault, Class D felonies, and sentenced to serve two concurrent three-year terms, split six months in confinement with the balance to be served on probation. On appeal, she contends that the evidence was insufficient to support her convictions, that double jeopardy prevented her dual convictions, and that the trial court erred in denying her judicial diversion. After careful review, we conclude that sufficient evidence exists to support her convictions, that double jeopardy requires her two convictions be merged and that the trial court did not abuse his discretion in denying judicial diversion. The defendant’s convictions and sentence of three years with six months served in confinement and the balance on probation are affirmed This case is remanded to the trial court solely for purposes of entering a single corrected judgment.

Petitioner, Junior Lenro Smothers, filed a pro se petition for writ of error coram nobis (“coram nobis petition”) in the Madison County Circuit Court attacking his two convictions for aggravated statutory rape and one conviction for delivery of a schedule II controlled substance. The coram nobis trial court summarily dismissed the petition without an evidentiary hearing. Petitioner appeals, and we reverse the judgment of the trial court in part, affirm in part, and remand for further proceedings.

Jeremy Taylor (“the Petitioner”) entered a guilty plea to charges of aggravated rape, aggravated robbery, aggravated kidnapping, and aggravated assault. The Petitioner subsequently filed a petition for writ of habeas corpus, alleging that the speedy trial provisions of the Interstate Detainer Act were violated as to the Petitioner. The habeas corpus court dismissed his petition without a hearing, finding that the Petitioner’s claim did not render the judgments against him void. The Petitioner now appeals. After a review of the record and the applicable law, we dismiss the appeal.

A Hamilton County Jury convicted Defendant, Montez Davis, of second-degree murder, reckless endangerment, and unlawful possession of a weapon. He received sentences of twenty-one years for second degree murder, one year for reckless endangerment, and one year for unlawful possession of a weapon, to be served concurrently for an effective twentyone-year sentence in confinement. On appeal, Defendant argues: (1) that the trial court erred in denying the motion to suppress his statement; (2) that the evidence was insufficient to support his conviction for second degree murder; and (3) that the trial court improperly sentenced him. After a thorough review, we affirm the judgments of the trial court.

This case involves a traffic ticket for speeding received by the Defendant, Joe Clyde Tubwell, in Memphis, Tennessee. The Defendant was found guilty by the Memphis City Court. The Defendant contends that he was denied the right to appeal that decision as an indigent. In Shelby County Circuit Court, he subsequently filed a “Petition for Mandamus or for Order Directing that Indigent Be Allowed to Appeal.” The Circuit Court dismissed this filing. The Defendant now appeals. After review, based on the specific facts of this case, we now dismiss the appeal without prejudice and remand this action to the Shelby County Circuit Court with instructions to hold an evidentiary hearing in this matter.