Court of Criminal Appeals Opinions
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State of Tennessee v. Gerald Branden Fitzpatrick M2012-00186-CCA-R3-CD Authoring Judge: Judge Norma McGee Ogle Trial Court Judge: Judge Monte Watkins The Petitioner, Gerald Branden Fitzpatrick, was convicted in the Davidson County Criminal Court of aggravated sexual battery, a Class B felony. After a sentencing hearing, the trial court sentenced him to eleven years in confinement to be served at 100%. On appeal, the appellant contends that (1) the evidence is insufficient to support the conviction; (2) the trial court erred by failing to grant his motion for judgment of acquittal when the minor victim placed the date of the crime outside the dates alleged in the indictment; (3) the trial court erred by allowing the victim to testify through anatomical drawings rather than verbal testimony, which permitted the State to lead the victim; and (4) the trial court erred by allowing two State witnesses to give hearsay testimony. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court. |
Davidson County | Court of Criminal Appeals | 05/20/13 | ||
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Kenneth Miller v. State of Tennessee M2012-01781-CCA-R3-PC Authoring Judge: Judge James Curwood Witt, Jr. Trial Court Judge: Judge Cheryl Blackburn The petitioner, Kenneth Miller, appeals the denial of his petition for post-conviction relief from his Davidson County Criminal Court jury convictions of conspiracy to deliver 300 grams or more of cocaine, delivery of 300 grams or more of cocaine, and possession with intent to deliver 300 grams or more of cocaine. In this appeal, he contends that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm the judgment of the post-conviction court. |
Davidson County | Court of Criminal Appeals | 05/20/13 | ||
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Eugene Spivey v. State of Tennessee W2012-01417-CCA-R3-PC Authoring Judge: Judge Camille R. McMullen Trial Court Judge: Judge Clayburn Peeples The Petitioner, Eugene Spivey, appeals the Crockett County Circuit Court’s denial of post conviction relief from his conviction of second degree murder, a Class B felony. In this appeal, the Petitioner argues that he received ineffective assistance of counsel and that he entered an involuntary and unknowing guilty plea. In the alternative, he argues the State withheld exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 87, 83 S. Ct. 1194, 1196-97 (1963). Upon review, we affirm the judgment of the post-conviction court. |
Crockett County | Court of Criminal Appeals | 05/17/13 | ||
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State of Tennessee v. Tolbert Cates Kail W2011-01474-CCA-R3-CD Authoring Judge: Judge Camille R. McMullen Trial Court Judge: Judge Clayburn Peeples The Defendant-Appellant, Tolbert Cates Kail, was convicted by a Crockett County jury of two counts of especially aggravated sexual exploitation of a minor, a Class B felony, sexual exploitation of a minor with fifty images or less, a Class D felony, contributing to the delinquency of a minor, a Class A misdemeanor, and assault, a Class B misdemeanor. The trial court sentenced Kail as a Range I, standard offender to an effective sentence of twelve years at 100%. On appeal, Kail argues (1) the evidence was insufficient to support his convictions; and (2) the trial court erred in denying his motion to sever. Upon review, we affirm the judgments of the trial court. |
Crockett County | Court of Criminal Appeals | 05/17/13 | ||
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Timothy Clinger v. State of Tennessee M2012-02296-CCA-R3-HC Authoring Judge: Judge Thomas T. Woodall Trial Court Judge: Judge J. Randall Wyatt, Jr. Petitioner, Timothy Clinger, appeals from the trial court’s summary dismissal of his petition for habeas corpus relief. The State has filed a motion for this court to affirm pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Having reviewed the record, we affirm the trial court’s judgment. |
Davidson County | Court of Criminal Appeals | 05/17/13 | ||
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State of Tennessee v. Gabriella M. Dorado E2012-00308-CCA-R3-CD Authoring Judge: Judge Robert W. Wedemeyer Trial Court Judge: Judge Jon Kerry Blackwood The Defendant, Gabriella M. Dorado, pled guilty to attempted possession with intent to sell a Schedule I controlled substance, simple possession of a Schedule VI controlled substance, and possession of drug paraphernalia. Pursuant to the plea agreement, the trial court sentenced the Defendant to an effective six-year sentence to be served on supervised probation. Thereafter, the Defendant filed a motion to withdraw her guilty plea, claiming that she received the ineffective assistance of counsel, which constituted a “manifest injustice.” After a hearing, the trial court denied her motion. The Defendant appeals the trial court’s denial, claiming the trial court erred when it found that she had not proved that Counsel’s representation prejudiced her. After a thorough review of the applicable law and the record, we affirm the trial court’s judgment. |
Knox County | Court of Criminal Appeals | 05/17/13 | ||
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John Williams v. State of Tennessee W2012-00746-CCA-R3-PC Authoring Judge: Judge John Everett Williams Trial Court Judge: Judge John Fowlkes The petitioner, John Williams, appeals the denial of his petition for post-conviction relief. The petitioner is currently serving an effective sentence of 161 years following his convictions for five counts of especially aggravated kidnapping and three counts of aggravated robbery. In this appeal, he contends that his petition for relief was erroneously denied because his right to a public trial was violated and that trial counsel was ineffective in failing object to or raise that violation. Following review of the record, we affirm the denial of the post-conviction petition. |
Shelby County | Court of Criminal Appeals | 05/16/13 | ||
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Anthony L. Washington v. Dwight Barbee W2012-01888-CCA-R3-HC Authoring Judge: Judge John Everett Williams Trial Court Judge: Judge Joseph Walker Petitioner pro se appeals the Lauderdale County Circuit Court’s denial of his petition for habeas corpus. The petitioner contends that his conviction for first degree (felony) murder is void because of a defect in his indictment. This issue was previously adjudicated in one of the petitioner’s prior petitions for habeas corpus, and this court is bound by the result reached in the prior case. The judgment of the habeas corpus court is affirmed. |
Lauderdale County | Court of Criminal Appeals | 05/16/13 | ||
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State of Tennessee v. Collier Smith W2012-01455-CCA-R3-CD Authoring Judge: Judge Alan E. Glenn Trial Court Judge: Special Judge L.T. Lafferty The defendant, Collier Smith, pled guilty to statutory rape, a Class E felony, and was sentenced as a Range I, standard offender to one year, suspended to two years probation. On appeal, he argues that the trial court erred in denying his request for judicial diversion. Following our review, we affirm the judgment of the trial court. |
Shelby County | Court of Criminal Appeals | 05/16/13 | ||
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Terry Wayne Robinson v. State of Tennessee W2012-01014-CCA-R3-PC Authoring Judge: Judge John Everett Williams Trial Court Judge: Judge Donald H. Allen The petitioner, Terry Wayne Robinson, appeals the denial of his petition for post-conviction relief. The petitioner was convicted of one count of theft of property over $10,000, a Class C felony, and sentenced as a multiple offender to ten years in the Department of Correction. On appeal, he contends that the post-conviction court erred in denying his petition because he was denied his right to the effective assistance of counsel. Specifically, he contends that trial counsel was ineffective by failing to interview witnesses and by failing to insist that the petitioner testify at trial. Following review of the record, we affirm the denial of the petition. |
Madison County | Court of Criminal Appeals | 05/16/13 | ||
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Anthony Leroy Harris v. Henry Steward, Warden W2012-02461-CCA-R3-HC Authoring Judge: Judge John Everett Williams Trial Court Judge: Judge R. Lee Moore Jr. The petitioner, Anthony Leroy Harris, appeals the summary denial of his petition for a writ of habeas corpus. The petitioner is currently serving an effective ninety-year sentence in the Department of Correction following convictions for aggravated kidnapping and armed robbery. In his petition, he alleges he is entitled to habeas corpus relief because his sentences are disproportionate to the severity of the offenses he committed. On appeal, he contends that the habeas corpus court erred in its denial because proportionality of a sentence has been recognized as a habeas corpus claim in the United State Court of Appeals for the Sixth Circuit. Following review of the record, we conclude no viable habeas corpus claim was presented and affirm the denial of the petition. |
Lake County | Court of Criminal Appeals | 05/16/13 | ||
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State of Tennessee v. Jackie Ray Elkins M2012-00238-CCA-R3-CD Authoring Judge: Judge Jerry L. Smith Trial Court Judge: Judge Cheryl Blackburn Appellant, Jackie Ray Elkins, was indicted by the Davidson County Grand Jury for one count of possession with intent to sell or deliver not less than one-half of an ounce but not more than ten pounds of marijuana in a drug-free zone. This charge was the result of a traffic stop in Shelby Bottoms in Nashville, Tennessee and the subsequent search of the vehicle in which Appellant was travelling. Appellant filed a motion to suppress the proceeds of the search. The trial court denied the motion. A jury convicted Appellant as charged. On appeal, Appellant argues that the trial court erred in denying his motion and asks this Court to review his complaint under the plain error rule. In addition, Appellant argues that the evidence was insufficient to support his conviction. After a thorough review of the record, we conclude that plain error review is not necessary to do substantial justice and that the evidence was sufficient to support the conviction. Therefore, we affirm the judgment of the trial court. |
Davidson County | Court of Criminal Appeals | 05/16/13 | ||
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James William Taylor, a/k/a Lutfi Shafq Talal v. State of Tennessee M2012-01549-CCA-R3-PC Authoring Judge: Judge Camille R. McMullen Trial Court Judge: Judge Robbie T. Beal The Appellant, James William Taylor, appeals the Williamson County Circuit Court’s denial of his Tennessee Rule of Criminal Procedure 36 motion for correction of clerical errors on the face of his first degree murder judgment. On appeal, the Appellant argues that the trial court erred in denying his Rule 36 motion. Upon review, we reverse the Appellant’s first degree murder judgment in case number 188-108 and remand the case to the Williamson County Circuit Court for entry of a corrected judgment showing that the Appellant was convicted of first degree murder and his conviction offense was a Class X felony pursuant to Tennessee Code Annotated section 39-2-202 (Supp. 1987), that he was sentenced to a life sentence with release eligibility on that life sentence after service of thirty years pursuant to Tennessee Code Annotated section 40-35-501(f) (Supp. 1987), and that the trial court imposed consecutive sentencing for the first degree murder, burglary, and robbery convictions. |
Williamson County | Court of Criminal Appeals | 05/15/13 |