Abron Spraggins v. State of Tennessee
W2012-00561-CCA-R3-PC
Much aggrieved by his convictions of aggravated assault and felony reckless endangerment, the petitioner, Abron Spraggins, sought post-conviction relief in the Shelby County Criminal Court, alleging that he was deprived of the effective assistance of counsel. Following an evidentiary hearing, the post-conviction court denied relief. On appeal, the petitioner contends that trial counsel performed deficiently by failing to introduce alibi evidence at trial and by failing to object to a police officer’s testimony concerning his knowledge of the petitioner and that these omissions inured to his detriment. Discerning no error, we affirm the order of the post-conviction court.
Authoring Judge: Judge James Curwood Witt
Originating Judge:Judge W. Mark Ward |
Shelby County | Court of Criminal Appeals | 10/31/12 | |
David Kyle Gilley v. State of Tennessee
M2010-02447-CCA-R3-PC
After a trial by jury, the petitioner was found guilty of first degree (premeditated) murder, and he was sentenced to life in prison. His conviction was affirmed by this court on direct appeal. The petitioner filed a petition for post-conviction relief, which was denied by the post-conviction court following an evidentiary hearing. On appeal, the petitioner claims that the post-conviction court erred by: (1) ruling that the State did not violate the petitioner’s due process right to favorable evidence by failing to provide information related to the testimony of a State witness; (2) ruling that the petitioner did not receive ineffective assistance of counsel at this trial, and (3) denying his request for post-conviction DNA analysis. After carefully reviewing the record and the arguments of the parties, we conclude that the evidence does not preponderate against the post-conviction court’s finding that the State in fact provided the petitioner with access to the favorable evidence in question and that the trial court did not err in its conclusion that the petitioner received effective assistance of counsel at trial. We further conclude that the post-conviction court was within its discretion in denying the petitioner’s request for additional DNA analysis. Consequently, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Don R. Ash |
Rutherford County | Court of Criminal Appeals | 10/31/12 | |
State of Tennessee v. Anthony Williams
W2012-00014-CCA-R3-CD
Following his Shelby County Criminal Court jury convictions of premeditated murder, felony murder, and especially aggravated robbery, for which he received an effective sentence of life imprisonment, the defendant, Anthony Williams, appeals to this court, challenging only the sufficiency of the evidence to support his convictions. Discerning no paucity in the evidence, we affirm the judgments of the trial court.
Authoring Judge: Judge James Curwood Witt
Originating Judge:Judge J. Robert Carter |
Shelby County | Court of Criminal Appeals | 10/31/12 | |
State of Tennessee v. Joseph Darryl Taylor
M2011-02754-CCA-R3-CD
A Bedford County Circuit Court jury convicted the defendant, Joseph Darryl Taylor, of two counts of rape, see T.C.A. § 39-13-503(a)(1), (2); one count of contributing to the delinquency of a minor, see id. § 37-1-156; and one count of simple possession of marijuana, see id. § 39-17-418(a). At sentencing, the trial court merged the rape convictions into a single judgment of conviction and imposed an effective sentence of 20 years plus 11 months and 29 days’ incarceration for the offenses. On appeal, the defendant challenges the sufficiency of the evidence to support his convictions, the trial court’s allowing his impeachment by prior convictions of aggravated assault and statutory rape, and the trial court’s sentencing determination. Discerning no reversible error, we affirm the judgments of the trial court.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Robert Crigler |
Bedford County | Court of Criminal Appeals | 10/31/12 | |
State of Tennessee v. Danny Ray Hensley
E2011-02325-CCA-R3-CD
The Defendant, Danny Ray Hensley, pleaded guilty to robbery, a Class C felony. See T.C.A. § 39-13-401 (2010). He was sentenced as a Range I, standard offender to eight years’ confinement. On appeal, he contends that the trial court erred in denying an alternative sentence. Because the trial court did not consider a presentence report, we reverse its judgment and remand for resentencing.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge John F. Dugger |
Hawkins County | Court of Criminal Appeals | 10/31/12 | |
State of Tennessee v. Deonte Matthews
M2010-00647-CCA-R3-CD
Appellant, Deonte Matthews, was convicted by a Davidson County jury of especially aggravated robbery and the trial court sentenced Appellant to seventeen years at 100%. After the denial of a motion for new trial, Appellant initiated this appeal challenging the sufficiency of the evidence. Reviewing the evidence in the light most favorable to the State, we conclude that the proof supports the conviction for especially aggravated robbery.
Authoring Judge: Special Judge Donald P. Harris
Originating Judge:Judge Steve Dozier |
Davidson County | Court of Criminal Appeals | 10/31/12 | |
MIchael J. Denson v. David A. Sexton, Warden
E2011-01471-CCA-R3-HC
The petitioner, who stood convicted following a guilty plea to numerous crimes including aggravated kidnapping, brought a petition for habeas corpus claiming that the trial court was without jurisdiction to enter a pretrial order amending one count of his indictment from a charge of especially aggravated kidnapping to a charge of aggravated kidnapping. Consequently, he urged that his conviction for aggravated kidnapping was void. The habeas corpus court granted the State’s motion to dismiss the petition on the grounds that the petitioner’s claims, if sustained, would merely render his judgment voidable, not void. On appeal, the petitioner claims that the trial court violated his due process right to fair and impartial review by failing to accurately grasp the merits of his claims and including nongermane material in its order. After review, we conclude that the habeas corpus court’s order did fairly address his claims and did not violate his due process rights. Consequently, the judgment below is affirmed.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Robert E. Cupp |
Johnson County | Court of Criminal Appeals | 10/31/12 | |
State of Tennessee v. Billy J. Blankenship
E2011-01550-CCA-R3-CD
A Campbell County jury convicted the Defendant- Appellant, Billy J. Blankenship, of robbery, a Class C felony, and theft of property valued at $1000 or more but less than $10,000, a Class D felony. He received a sentence of four years for robbery and three years for theft, to be served concurrently in the Department of Correction. On appeal, Blankenship argues that the evidence is insufficient to support the convictions because the State failed to prove the particular allegations of the indictments. Upon review, we reverse and vacate the judgment for robbery, and remand for a new trial as to the robbery offense. The judgment for theft, however, is affirmed.
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge E. Shayne Sexton |
Campbell County | Court of Criminal Appeals | 10/31/12 | |
Jerry D. Carney II v. Dwight Barbee, Warden
W2011-01977-CCA-R34-HC
The Petitioner, Jerry D. Carney, II, appeals the summary dismissal of his petition for writ of habeas corpus, in which he contended that his life sentence for his first degree premeditated murder conviction was illegal and void. On appeal, the Petitioner challenges the summary dismissal of the petition. His primary claim is that his life sentence is illegal because the statute governing his release eligibility does not allow for the possibility of parole. Following our review, we affirm.
Authoring Judge: Judge D. Kelly Thomas
Originating Judge:Judge Joseph H. Walker III |
Lauderdale County | Court of Criminal Appeals | 10/31/12 | |
State of Tennessee v. Kelley Elizabeth Cannon
M2010-01553-CCA-R3-CD
After a trial by jury, the defendant was found guilty of the first degree (premeditated) murder of her spouse and was sentenced to life in prison. On appeal, the defendant raises numerous challenges to her conviction, claiming that: (1) the evidence used to convict her was insufficient, (2) the trial court erred by failing to suppress certain evidence found by the police during a warrantless search of the residence that she formerly shared with the victim, (3) the trial court erred by admitting certain expert testimony, (4) the trial court erred by failing to suppress certain statements she made to police,(5) the trial court erred by admitting evidence relating to a prior domestic disturbance between the defendant and the victim, and (6) the trial court erred by failing to grant a mistrial. After carefully reviewing the record and the arguments of the parties, we affirm the judgment of the trial court.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 10/30/12 | |
State of Tennessee v. William Franklin Robinette
E2011-02688-CCA-R3-CD
William Franklin Robinette (“the Defendant”) appeals his jury convictions for theft of property of $1,000 or more but less than $10,000 and theft of property of $10,000 or more but less than $60,000. He was sentenced as a multiple offender to an effective sentence of ten years and was fined $10,000. On appeal, he challenges the sufficiency of the evidence supporting his convictions and the length of his sentence. After a thorough review of the record and the applicable law, we affirm the Defendant’s convictions and sentences.
Authoring Judge: Judge Jeffrey S. Bivins
Originating Judge:Judge John F. Dugger, Jr. |
Greene County | Court of Criminal Appeals | 10/30/12 | |
State of Tennessee v. David L. Brummitt
E2011-01002-CCA-R3-CD
A Sullivan County Criminal Court Jury convicted the appellant, David L. Brummitt, of especially aggravated robbery, aggravated burglary, and reckless aggravated assault, and the trial court sentenced him to twenty-four, six, and four years, respectively. The trial court ordered that the appellant serve the six- and four-year sentences concurrently on probation but consecutively to the sentence of twenty-four years in confinement. On direct appeal, this court modified the appellant’s especially aggravated robbery conviction to aggravated robbery and remanded the case for sentencing as to that offense. State v. David L. Brummitt, No. E2009-01358-CCA-R3-CD, 2010 Tenn. Crim. App. LEXIS 875, at *2 (Knoxville, Oct. 14, 2011), perm. to appeal denied, (Tenn. 2011). On remand, the trial court sentenced the appellant to twelve years for the aggravated robbery conviction. The trial court also ordered that the appellant serve the six- and four-year sentences in confinement, consecutively to each other, and consecutively to the twelve-year sentence. On appeal, the appellant contends that his twelve-year sentence for the aggravated robbery conviction is excessive and that the trial court’s resentencing him for the aggravated burglary and reckless aggravated assault convictions exceeded the scope of this court’s direct appeal opinion. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the trial court properly sentenced the appellant for the aggravated robbery conviction but that the trial court did not have jurisdiction to resentence the appellant for the remaining convictions. Therefore, the appellant’s original sentences for aggravated burglary and reckless aggravated assault remain in effect.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Robert H. Montgomery |
Sullivan County | Court of Criminal Appeals | 10/30/12 | |
State of Tennessee v. Tanya Finney
M2011-01221-CCA-R3-CD
The defendant pled guilty to one count of simple possession of marijuana, reserving a certified question of law concerning the legality of her detention and warrantless search by police. After carefully reviewing the record and the arguments of the parties, we conclude that the defendant has failed to clearly outline the scope and limits of the question presented at the trial court level and thus has failed to properly preserve her certified question. We dismiss the appeal accordingly.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Don R. Ash |
Rutherford County | Court of Criminal Appeals | 10/29/12 | |
Ronnie Lee Johnson v. State of Tennessee
M2011-00881-CCA-R3-PC
After a trial by jury, the petitioner was found guilty of possession of over .5 grams of cocaine with intent to sell, a Class B felony, and possession of dihydrocodeinone, a Class A misdemeanor. He was sentenced to seventeen years for possession of cocaine and to a consecutive eleven months and twenty-nine days for possession of dihydrocodeinone, for a total effective sentence of almost eighteen years. His convictions were affirmed by this court on direct appeal. The petitioner filed a pro se petition for post-conviction relief and was appointed counsel. Following an evidentiary hearing, the post-conviction court denied all claims for relief. On appeal, the petitioner claims that the post-conviction court erred in denying his motion for recusal and erred in ruling that the petitioner had not received ineffective assistance of counsel at trial. After carefully reviewing the record and the arguments of the parties, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge John Everett Williams
Originating Judge:Ronnie Lee Johnson v. State of Tennessee |
Putnam County | Court of Criminal Appeals | 10/29/12 | |
State of Tennessee v. Johnny Leon Hatcher
M2011-02028-CCA-R3-CD
The defendant, Johnny Leon Hatcher, appeals the sentencing decision of the Humphreys County Circuit Court following the revocation of his probationary sentence. The defendant pled guilty to six counts of manufacturing, delivery, sale, or possession of methamphetamine and received an effective six-year sentence, one year to be served in confinement and the balance on community corrections. A violation report was filed and, following a hearing, the trial court revoked the defendant’s sentence and ordered the balance of the original sentence to be served in confinement. On appeal, the defendant does not contest the trial court’s revocation but argues that the court erred in ordering him to serve the sentence in confinement. After review, we conclude no error occurred and affirm the decision of the trial court.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Larry Wallace |
Humphreys County | Court of Criminal Appeals | 10/29/12 | |
State of Tennessee v. Romilla Jones
W2012-01038-CCA-R3-CD
Romilla Jones (“the Defendant”) pleaded guilty to possession of more than one-half ounce of marijuana with the intent to sell or deliver. The trial court subsequently sentenced the Defendant as a Range I offender to two years, suspended to community corrections after service of six months in the county jail. The Defendant appealed, arguing that she should not have been sentenced to any period of confinement. After a thorough review of the record and relevant authorities, we have determined that the Defendant is not entitled to relief on this issue. Accordingly, we affirm the trial court’s judgment. Because the judgment order contains a clerical error, this matter is remanded for the entry of a corrected judgment order.
Authoring Judge: Judge Jeffrey S. Bivins
Originating Judge:Judge R. Lee Moore |
Dyer County | Court of Criminal Appeals | 10/29/12 | |
Fred Allen Owens v. David Sexton, Warden
E2011-02313-CCA-R3-HC
The Petitioner, Fred Allen Owens, pro se, appeals the Johnson County Criminal Court’s dismissal of his petition for a writ of habeas corpus from his 2003 conviction for second degree murder and his resulting thirty-five-year sentence. The Petitioner contends that the trial court erred by denying him habeas corpus relief from his conviction and sentence because the State failed to file notice of its intent to seek enhanced punishment, violating his due process and equal protection rights. We affirm the judgment of the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Robert Cupp |
Johnson County | Court of Criminal Appeals | 10/29/12 | |
Barry Singleton v. State of Tennessee
W2011-02569-CCA-R3-PC
Barry Singleton (“the Petitioner”) filed a petition for post-conviction relief from his convictions for aggravated kidnapping and aggravated rape. In his petition, he alleged that he received ineffective assistance of counsel. After an evidentiary hearing, the postconviction court denied relief, and this appeal followed. On appeal, the Petitioner asserts that his counsel at trial failed to convey a plea offer to him that he would have accepted instead of proceeding to trial. Upon our thorough review of the record and applicable law, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Jeffrey S. Bivins
Originating Judge:Judge Paula Skahan |
Shelby County | Court of Criminal Appeals | 10/29/12 | |
Dallas Wyley v. State of Tennessee
W2012-00537-CCA-MR3-PC
Dallas Wyley (“the Petitioner”) pleaded guilty to one count of attempt to commit first degree premeditated murder, one count of attempt to commit especially aggravated robbery, and one count of employing a firearm during the commission of a dangerous felony. For these offenses, the Petitioner was sentenced to an effective term of twenty-one years. The incarcerated Petitioner subsequently filed for post-conviction relief, pro se, which the postconviction court dismissed summarily as untimely. The Petitioner adduced proof that his petition was filed timely pursuant to Tennessee Supreme Court Rule 28. The State concedes that the Petitioner is entitled to a hearing on the issue of whether his petition was filed timely. We hold that the post-conviction court erred in summarily dismissing the Petitioner’s claim for relief as untimely. Accordingly, we reverse the judgment of the post-conviction court and remand this matter for a hearing to determine whether the petition for post-conviction relief was filed timely and for such other proceedings as may be necessary.
Authoring Judge: Judge Jeffrey S. Bivins
Originating Judge:Judge Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 10/29/12 | |
George Anthony Bell v. State of Tennessee
M2011-02345-CCA-R3-PC
The petitioner, George Anthony Bell, appeals the Sumner County Criminal Court’s denial of his petition for post-conviction relief. The petitioner was convicted of selling more than .5 grams of a Schedule II controlled substance and sentenced to eighteen years in the Department of Correction. On appeal, he contends that the denial of his petition was error because he was denied his right to the effective assistance of counsel. Specifically, he contends that trial counsel was ineffective for failing to: (1) provide and review with him copies of the discovery materials provided by the State; (2) investigate the allegation that the petitioner was known by the alias “Jerry Johnson” or if in fact a real person of that name was the provider of the drugs to the confidential informant; and (3) use a peremptory challenge to remove a juror. Following review of the record, we find no error in the denial of the petition and affirm the decision of the post-conviction court.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Dee David Gay |
Sumner County | Court of Criminal Appeals | 10/26/12 | |
State of Tennessee v. Martin J. McMurray
E2011-00720-CCA-R3-CD
The defendant, Martin J. McMurray, was convicted by a Sullivan County Circuit Court jury of driving a lawnmower while under the influence (“DUI”), a Class A misdemeanor; violation of an habitual traffic offender order (“HMVO”), a Class E felony; driving under the influence with a blood-alcohol concentration over .08% (“DUI per se”), a Class A misdemeanor; and DUI, sixth offense, a Class E felony. The trial court merged the DUI and DUI per se convictions into the DUI, sixth offense, conviction and sentenced the defendant to three years on that conviction. The trial court sentenced the defendant to three years for the HMVO conviction, to be served consecutively to the DUI, sixth offense, conviction for an effective sentence of six years in the Department of Correction as a Range II, multiple offender. The trial court further ordered that the sentences be served concurrently with a violation of probation in another case. On appeal, the defendant argues that: (1) the evidence is insufficient to sustain his convictions for DUI; (2) he received the ineffective assistance of counsel at trial and at the motion for new trial; (3) the trial court abused its discretion in denying his motion for a continuance; (4) the trial court imposed an excessive sentence; and (5) the trial court abused its discretion in denying his motion for recusal. After review, we affirm the judgments of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Robert H. Montgomery |
Sullivan County | Court of Criminal Appeals | 10/26/12 | |
State of Tennessee v. Christopher Lee Gibson
E2011-01456-CCA-R3-CD
In 2007, pursuant to a plea agreement, the Knox County Criminal Court sentenced appellant, Christopher Lee Gibson, to an effective four-year sentence for aggravated assault and reckless endangerment. The trial court suspended the sentence and placed appellant on probation. The court subsequently issued a probation violation warrant alleging that appellant violated the terms of his probation by committing the new offense of possessing a handgun after having been convicted of a felony. Appellant pled guilty, without a recommended sentence, to committing the new offense and stipulated that he had violated the terms of his probation. Following a combined hearing to determine his sentence for the handgun charge and the outcome of his probation violation, the trial court revoked appellant’s probation and ordered that he serve the four-year sentence in confinement. The trial court also ordered appellant to serve a sentence of two years for unlawful possession of a handgun concurrently with his original four-year sentence. Appellant contests the trial court’s revoking his probation and ordering him to serve the original four-year sentence. Discerning no error, we affirm the judgment of the trial court.
Authoring Judge: Judge Roger A. Page
Originating Judge:Judge Jon Kerry Blackwood |
Knox County | Court of Criminal Appeals | 10/26/12 | |
State of Tennessee v. John S. Crandall
M2012-00299-CCA-R3-CD
The pro se defendant, John S. Crandall, was convicted in a Wayne County bench trial of failure to have a valid driver’s license, failure to wear a safety belt, failure to stop at a stop sign, violation of the financial responsibility law, and driving with an expired registration. On appeal, he challenges the constitutionality of the Tennessee statutes requiring him to wear a safety belt, purchase automobile insurance, and obtain a Tennessee driver’s license when his driver’s license from his former state of residence was not expired. Following our review, we affirm the judgments of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Robert L. Holloway, Jr. |
Wayne County | Court of Criminal Appeals | 10/26/12 | |
Thomas Edward Kottewa v. State of Tennessee
E2011-02527-CCA-R3-PC
Petitioner, Thomas Edward Kotewa, appeals the post-conviction court’s denial of his petition for DNA testing pursuant to the Post-Conviction DNA Analysis Act of 2001, alleging that DNA testing of clothing he was wearing at the time of the murder to which he pleaded guilty and testing of the murder weapon would have supported his position of self-defense. The post-conviction court summarily dismissed the petition. Perceiving no error, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Roger A. Page
Originating Judge:Judge Donald R. Elledge |
Anderson County | Court of Criminal Appeals | 10/26/12 | |
State of Tennessee v. Ngoc Dien Nguyen
M2012-00549-CCA-R3-CD
The defendant, Ngoc Dien Nguyen, pled guilty to theft over $1,000 and attempted theft over $1,000 and was sentenced as a Range I offender to an effective term of six years in the Department of Correction. The court ordered that the six-year sentence be served consecutively to a Robertson County sentence and a California sentence and that the defendant pay $9,462 in restitution to the victim. On appeal, the defendant challenges the award of restitution. After review, we affirm the defendant’s convictions but remand for a new hearing as to restitution.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Dee David Gay |
Sumner County | Court of Criminal Appeals | 10/26/12 |