APPELLATE COURT OPINIONS

The Defendant, Markettus L. Broyld, appeals the judgment of the trial court revoking his probation. Because the notice of appeal was untimely filed, this appeal is dismissed.

The Defendant, Celeste Hall, pled guilty to child abuse and neglect and facilitation of the aggravated sexual battery of her minor child. The Defendant received an effective three year sentence in prison. On appeal, the Defendant argues that the trial court erred in denying alternative sentencing. We affirm the judgment of the trial court.

The defendant, Timothy Wright, appeals from his Tipton County Circuit Court jury conviction of aggravated assault, which resulted in a four-year sentence to be served through 220 days’ confinement, with the defendant placed in a community corrections program for the balance of the sentence. The defendant’s single issue on appeal is his claim that the trial court erred in permitting the victim/prosecuting witness “to remain in the courtroom and testify last at trial.” Because we discern no reversible error in the proceedings in the circuit court, we affirm the conviction.

The Petitioner, Lakeisha Jones, was convicted of second degree murder, and the trial court sentenced her, as a violent offender, to fifteen years in prison. The Petitioner’s conviction and sentence were affirmed by this Court. Subsequently, the Petitioner filed a pro se petition for post-conviction relief, which was later amended by appointed counsel. After a hearing, the trial court dismissed the petition. On appeal, the Petitioner contends that the trial court erred when it dismissed her petition for post-conviction relief because she received ineffective assistance of counsel at her trial. Finding that there exists no reversible error, we affirm the post-conviction court’s judgment.

The defendant, Joshua Schaeffer, was convicted of aggravated robbery. The trial court imposed a Range I sentence of eight years in the Department of Correction. In this appeal as of right, the defendant alleges (1) that the evidence is insufficient; (2) that the trial court provided an incorrect definition of the term "deadly weapon" in its instructions to the jury; (3) that the trial court committed plain error by giving the "result-of-conduct" definition of "knowingly" in its instructions to the jury; (4) that the trial court improperly allowed into evidence a newspaper headline related to the offense; (5) that a detective impermissibly referred to the crime as "robbery" during his testimony; (6) that the prosecutor's closing argument was improper; and (7) that the cumulative effect of the errors deprived him of the right to a fair trial. The judgment of the trial court is affirmed.

After being indicted for aggravated assault and vehicular assault, the defendant, Andrew Boone, was convicted by jury of reckless aggravated assault, a Class D felony. He was sentenced as a standard offender to four years in the county workhouse, and his driver’s license was suspended for one year for violating the implied consent statute. On appeal, he presents five issues for our review: (1) whether the trial court erred in admitting irrelevant evidence; (2) whether the trial court properly
instructed the jury as to the elements of reckless aggravated assault; (3) whether the trial court erred in refusing to instruct the jury on reckless driving as a lesser-included offense of reckless aggravated assault; (4) whether the evidence was sufficient to support his conviction for reckless aggravated assault; and (5) whether the trial court erred in determining the length and the manner of service of his sentence. Upon review, we affirm the judgment of the trial court.

The petitioner, Stephen Lajuan Beasley, appeals the summary dismissal of his petition for habeas corpus relief. In this appeal, he alleges that his conviction is void because the indictment was defective and because the sentence was illegal. The judgment of the trial court is affirmed.

In 1990, Appellant, Billy Merle Meeks, was convicted, following a jury trial, of aggravated kidnapping, especially aggravated robbery, especially aggravated burglary, and extortion. He received an effective sentence of thirty-nine (39) years. On October 29, 2004, he filed a petition for writ of habeas corpus in the Circuit Court of Davidson County. A "Motion to Dismiss" was filed by Respondent on November 29, 2004, and the trial court entered an order summarily dismissing the petition on March 10, 2005. Appellant has appealed from the trial court's dismissal of the petition. The State has filed a motion for this Court to affirm the dismissal pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Finding merit in the motion, we grant same and affirm the judgment of the trial court.

The defendant, Paul Wilson, was found guilty by a Shelby County jury of aggravated robbery and sentenced to thirty years at sixty percent as a career offender. On appeal, he argues that the trial court erred by: (1) refusing to accept his guilty plea; and (2) removing him from the courtroom and refusing to grant a mistrial following his outburst. After review, we affirm the judgment of the trial court.

Following a bench trial, the defendant was convicted of driving under the influence (DUI) per se. See Tenn. Code Ann. § 55-10-401(a)(2). On appeal, the defendant contends: (1) the trial court erred in admitting the blood alcohol test because the test was administered almost three hours after the event of driving thereby rendering the test results unreliable; (2) this court should establish a bright line rule regarding what is a reasonable time between the event of driving and subsequent withdrawal of blood from the accused; (3) the trial court erred in denying his motion for judgment of acquittal; (4) the evidence was insufficient to support his conviction. After review of the record and the parties’ briefs, we affirm the judgment of the trial court.

The Appellant, Christopher Perry¹, was convicted by a ShelbyCounty jury of the first degree murder of Stanley Johnson and was sentenced to life imprisonment. On appeal, Perry raises the following issues for our review: (1) whether the evidence was sufficient to support the verdict and (2) whether the trial court erred in denying a motion to suppress in violation of his Fifth and Sixth Amendment rights. After review, we conclude the convicting evidence supports the verdict. Moreover, we affirm the trial court’s order denying Perry’s motion to suppress his statement upon Fifth Amendment grounds. However, we vacate the trial court’s denial of Perry’s motion to suppress upon Sixth Amendment right to counsel protections because no findings were entered by the trial court upon the factual disputes presented. Accordingly, the trial court’s denial of Perry’s Motion to  Suppress is vacated, as is the judgment of conviction, with remand for a suppression hearing consistent with this opinion.

The petitioner, Joseph B. Thompson, appeals from the circuit court’s summary dismissal of his pro se petition for writ of habeas corpus. Following our review of the parties’ briefs and applicable law, we affirm the circuit court’s judgment.

The petitioner, Kevin B. Burns, appeals the judgment of the Shelby County Criminal Court denying his petition for post-conviction relief. He was convicted of two counts of felony murder and two counts of attempted felony murder and sentenced to death on one count of felony murder and to life imprisonment on the second count of felony murder. His convictions and sentences for first degree felony murder, including the sentence of death, were affirmed on direct appeal by the Tennessee Supreme Court. See State v. Burns, 979 S.W.2d 276 (Tenn. 1998). However, this court reversed the attempted felony murder convictions and sentences, finding these convictions did not constitute a crime in this state. See State v. Kevin Burns, No. 02C01-9605-CR-00170, 1997 WL 418492, at *9 (Tenn. Crim. App., at Jackson, July 25, 1997), aff’d, 979 S.W.2d 276 (Tenn. 1998). The pro se petition for post-conviction relief resulted in the appointment of counsel and the filing of two amended petitions. An evidentiary hearing was conducted, and the post-conviction court denied the petitions. On appeal, the petitioner presents a number of claims in four broad categories: (1) he was denied a fair post-conviction evidentiary hearing; (2) he was denied due process; (3) trial counsel were ineffective; and (4) the imposition of the death penalty is unconstitutional. Following our review, we affirm the judgment of the post-conviction court.

Following a jury trial, Defendant, Brent Lemane Duncan, was found guilty of aggravated assault, a Class C felony, and domestic assault, a Class A misdemeanor. Defendant received a sentence of three years for the felony and eleven months, twenty-nine days for the misdemeanor, to be served concurrently. The trial court ordered Defendant to serve sixty (60) days periodic confinement, to be served on weekends, and assessed fines against Defendant in the amount of $2,500.00 for each conviction. In his appeal, Defendant challenges the sufficiency of the evidence and argues that the trial court committed reversible error by (1) sustaining the State’s objection to cross examination of the victim regarding her background; (2) sustaining the State’s objection to the testimony of Defendant’s mother regarding the reputation of the victim and the victim’s propensity for truthfulness and veracity; and (3) sustaining the State’s objection to Defendant’s attempt to cross-examine the victim regarding prior inconsistent statements. After a thorough review of the record, we affirm the judgments of the trial court.

The Defendant, Deshawn Turner, was convicted of one count of possession of .5 grams or more of cocaine a schedule II controlled substance, with the intent to manufacture, deliver or sell, and the trial court sentenced him to sixteen years in prison. On appeal, the Defendant contends that the trial court erred when it refused to grant his motion to sever his trial from the trial of his co-defendant and that the evidence is insufficient to sustain his conviction. Finding that there exists no reversible
error, we affirm the judgment of the trial court.

The petitioner, Joe Clark Mitchell, filed a petition for writ of habeas corpus alleging that he was being held illegally after the expiration of two consecutive six-year sentences. The trial court dismissed the petition. The petitioner appeals, seeking review of the trial court’s dismissal of the petition. Following a review of the record and applicable authorities we affirm the decision of the trial court.

The petitioner, Robert Michael Winters, appeals the summary dismissal of his petition for post-conviction relief. The single issue on appeal is whether the petition was timely filed. The judgment is affirmed.

The petitioner appeals the denial of his post-conviction petition, contending that: (1) counsel was ineffective in failing to adequately inform him of the consequences of his plea; and (2) his pleas were coerced by counsel's assurances that he would be placed in the DeBerry Special Needs Facility. Upon review, we conclude that counsel explained the consequences of the pleas with the petitioner and that his plea was knowingly and voluntarily entered, as it was made clear to the him that placement was not part of his plea agreement but was within the discretion of the Department of Correction. Therefore, we affirm the denial of post-conviction relief.

The petitioner, Timothy Harris, appeals the denial of his petition for post-conviction relief. The single issue presented for review is whether the petitioner received the effective assistance of counsel at trial. The judgment is affirmed.

The Defendant was convicted of possession of a controlled substance with the intent to sell, possession of a controlled substance with the intent to deliver, and evading arrest while operating a motor vehicle. On appeal the Defendant contends that the evidence is insufficient to sustain his convictions. Finding that there exists no reversible error, we affirm the judgments of the trial court.

The State appeals the habeas corpus court’s grant of a petition for habeas corpus relief filed by the Petitioner, Saun Hoover. The Petitioner alleged in his petition that his sentence was illegal because he was sentenced as a Range I offender but ordered to serve his sentence at one hundred percent.  The habeas corpus court agreed and granted the petition. On appeal, the State contends that the habeas corpus court erred because the Petitioner knowingly and voluntarily pled guilty and agreed to this hybrid sentence. Finding that there exists reversible error in the judgment of the habeas corpus court, we reverse this case and remand it to the habeas corpus court for proceedings consistent with this opinion.

The Petitioner, Jason Mize, pled guilty in the Union County Criminal Court to aggravated robbery. In accordance with the plea agreement, the Petitioner was sentenced to an eight year sentence, to run concurrently with "Knox and Anderson County cases." Subsequently, the Petitioner pled guilty to two aggravated robbery charges in the Anderson County Criminal Court and received concurrent eight year sentences on each count. The Anderson County judgment contains the notation, "This sentence may run concurrent with defendant's Knox County sentence if legally possible." The Petitioner filed a petition for a writ of habeas corpus alleging that the Union County conviction is illegal and void because at the time he entered his guilty plea in Union County, he had not yet been convicted in the "Knox and Anderson cases." The Petitioner filed an additional petition for a writ of habeas corpus alleging that the Anderson County judgments of conviction are illegal and void because it is not "legally possible" for the Anderson County sentences to be run concurrently with the Knox County sentence. Both petitions were assigned the same docket number in the Morgan County Criminal Court and subsequently were transferred to the Davidson County Circuit Court, where they were assigned the same Davidson County docket number and ultimately summarily dismissed. On appeal, the Petitioner contends that he is entitled to habeas corpus relief because his sentences are illegal and the judgments from the Union County Court and the Anderson County Court are void on their faces. After reviewing the record and relevant authorities, we affirm the judgment of the trial court.

Over a span of several years, the Petitioner, Steve G. Hutton, was convicted of eight counts of passing worthless checks, one count of theft, one count of forgery, one additional count of passing a worthless check, and one count of reckless endangerment. The Petitioner filed a petition for a writ of habeas corpus, alleging that his continued confinement is illegal. The trial court dismissed the petition, and we affirm the judgment of the trial court.

The defendant, Darrell Phillips, appeals the revocation of his probation, arguing that the court had no authority to revoke his suspended sentences because the State did not seek this action until after the sentences had expired. We disagree and affirm the judgment of the trial court.

The Defendant, Jordan Hill, was convicted of attempted aggravated robbery and of being a felon in the possession of a handgun. On appeal, he contends that the evidence is insufficient to sustain these convictions. Finding no reversible error, we affirm the judgments of the trial court.