Court of Criminal Appeals Opinions
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Demetrius Byrd v. State of Tennessee E2012-00070-CCA-R3-PC Authoring Judge: Judge Thomas T. Woodall Trial Court Judge: Judge Barry A. Steelman Petitioner, Demetrius Byrd, appeals the dismissal of his petition for post-conviction relief from felony drug convictions in which he alleged that his guilty plea was unknowingly and involuntarily entered due to the ineffective assistance of trial counsel. More specifically he contends that (1) trial counsel failed to properly investigate his case to determine that Petitioner’s co-defendant, Dominic Jones, pled guilty to the cocaine offense under a separate indictment and accepted full responsibility for the offense; and (2) trial counsel insisted that he plead guilty to avoid federal prosecution. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel, and we accordingly affirm the judgment of the post-conviction court. |
Hamilton County | Court of Criminal Appeals | 01/31/13 | |
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Shawn Blair v. State of Tennessee M2012-00066-CCA-R3-PC Authoring Judge: Judge Norma McGee Ogle Trial Court Judge: Judge David Bragg The petitioner, Shawn Blair, appeals the post-conviction court’s dismissal of his petition for post-conviction relief from his two convictions for simple possession of marijuana and resulting consecutive sentences of eleven-months, twenty-nine days. On appeal, the petitioner contends that he is entitled to post-conviction relief because he was not advised by trial counsel or the trial court about the immigration consequences of his pleas. Upon review, we affirm the post-conviction court’s denial of the petition. |
Rutherford County | Court of Criminal Appeals | 01/31/13 | |
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State of Tennessee vs. Gary Adams M2011-00629-CCA-R3-CD Authoring Judge: Judge Norma McGee Ogle Trial Court Judge: Judge Cheryl A. Blackburn A Davidson County Criminal Court Jury convicted the appellant, Gary Adams, of four counts of aggravated rape. The trial court imposed four, consecutive sentences of twenty-five years for a total effective sentence of 100 years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his convictions, the trial court’s refusal to merge the convictions, and the sentences imposed by the trial court. Upon review, we affirm the judgments of the trial court. |
Davidson County | Court of Criminal Appeals | 01/31/13 | |
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State of Tennessee v. Samuel Moore M2011-01680-CCA-R3-CD Authoring Judge: Judge Norma McGee Ogle Trial Court Judge: Judge Larry B. Stanley, Jr. A Warren County Circuit Court Jury convicted the appellant, Samuel Moore, of attempted first degree murder, aggravated assault, and assault. The trial court imposed a total effective sentence of thirty-one years in the Tennessee Department of Correction. On appeal, the appellant challenges the State’s failure to provide him with a verbatim transcript of the suppression hearing, the trial court’s denial of his motion to suppress, the sufficiency of the evidence supporting his convictions, and the sentences imposed. Upon review, we affirm the judgments of the trial court. |
Warren County | Court of Criminal Appeals | 01/31/13 | |
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State of Tennessee v. Robert Nelson Buford, III M2011-00323-CCA-R3-CD Authoring Judge: Judge Norma McGee Ogle Trial Court Judge: Judge J. Randall Wyatt A Davidson County Criminal Court Jury convicted the appellant, Robert Nelson Buford, III, of facilitation of first degree felony murder and facilitation of attempted especially aggravated robbery. After a sentencing hearing, the appellant received an effective thirty-five-year sentence. On appeal, he contends that (1) the evidence is insufficient to support the convictions; (2) the trial court should have suppressed his statement to police because he invoked his right to remain silent; (3) his prior bad acts were inadmissible; (4) the trial court should have given the jury a requested instruction; and (5) his effective sentence is excessive. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the trial court erred by admitting the appellant’s statement into evidence because the appellant invoked his right to remain silent but that the error was harmless. Therefore, we affirm the judgments of the trial court. |
Davidson County | Court of Criminal Appeals | 01/31/13 | |
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State of Tennessee v. Antonio Starks W2011-02038-CCA-R3-CD Authoring Judge: Judge Norma McGee Ogle Trial Court Judge: Judge John T. Fowlkes A Shelby County Criminal Court Jury convicted the appellant, Antonio Starks, of first degree felony murder and aggravated child abuse, and the trial court sentenced him to concurrent sentences of life and fifteen years, respectively. On appeal, the appellant contends that (1) the evidence is insufficient to support the convictions; (2) the trial court erred by allowing witnesses to testify about his previous abuse of the victim; (3) the trial court erred by refusing to allow him to question the victim’s mother about a prior conviction; (4) the trial court should have granted a mistrial when a police officer testified that the victim had been sexually abused; (5) the trial court should have given a curative instruction when the State made an improper comment during closing arguments; and (6) the trial court should have granted a new trial because the State failed to disclose that the victim’s mother received favorable treatment in return for her testimony. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Shelby County | Court of Criminal Appeals | 01/30/13 | |
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Fredrick Milan v. State of Tennessee W2011-02217-CCA-R3-PC Authoring Judge: Judge Thomas T. Woodall Trial Court Judge: Judge J. Robert Carter Jr. Petitioner, Fredrick Milan, appeals the dismissal of his petition for post-conviction relief in which he alleged that he received ineffective assistance of trial counsel. More specifically he contends that (1) trial counsel failed to convey a twenty-five year offer by the State; and (2) trial counsel failed to call certain witnesses to testify at trial. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel, and we accordingly affirm the judgment of the post-conviction court. |
Shelby County | Court of Criminal Appeals | 01/30/13 | |
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State of Tennessee v. Bruce D. Mendenhall M2010-01381-CCA-R3-CD Authoring Judge: Judge D. Kelly Thomas, Jr. Trial Court Judge: Judge Steve R. Dozier Following a jury trial, the Defendant, Bruce D. Mendenhall, was convicted of three counts and acquitted of two counts of solicitation to commit first degree murder, a Class B felony. See Tenn. Code Ann. §§ 39-12-102, -12-107, -13-202. The trial court sentenced the Defendant to ten years for each conviction and ordered that the sentences be served consecutively, for a total effective sentence of thirty years. In this appeal as of right, the Defendant contends the following: (1) that the trial court erred by denying his motion to sever two of the counts; (2) that the trial court erred by denying his motion to suppress his statements to the police; (3) that the trial court erred by denying his motion to suppress his statements made to a fellow inmate turned police informant; (4) that the trial court erred by denying his motion to suppress numerous letters the Defendant had sent from jail; (5) that the trial court erred by admitting redacted portions from numerous letters the Defendant had sent from jail and from several telephone conversations the Defendant had while in jail; (6) that the trial court erred by admitting evidence of another crime as "contextual background evidence;" (7) that the evidence was insufficient to sustain the Defendant’s convictions; and (8) that the trial court erred by imposing consecutive sentences.Following our review, we affirm the judgments of the trial court. |
Davidson County | Court of Criminal Appeals | 01/30/13 | |
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Brandon Neal v. State of Tennessee E2012-01563-CCA-R3-PC Authoring Judge: Judge Jeffrey S. Bivins Trial Court Judge: Judge Don W. Poole Brandon Neal (“the Petitioner”) filed for post-conviction relief from his guilty pleas to attempted carjacking and aggravated assault, alleging that the Tennessee Department of Correction (“TDOC”) violated his due process rights by miscalculating his sentences and that TDOC’s actions have rendered his pleas constitutionally infirm. The post-conviction court summarily denied relief, and this appeal followed. Upon our thorough review of the record, we affirm the judgment of the post-conviction court. |
Hamilton County | Court of Criminal Appeals | 01/30/13 | |
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Juan A. Hill v. David Sexton, Warden E2012-02077-CCA-R3-HC Authoring Judge: Judge Jeffrey S. Bivins Trial Court Judge: Judge Robert E. Cupp Juan A. Hill (“the Petitioner”) filed for habeas corpus relief, claiming that his judgment of conviction is void because it (1) is based on a defective indictment and (2) fails to reflect pretrial jail credits. The habeas corpus court denied relief, and this appeal followed. Upon our thorough review of the record, we affirm the judgment of the habeas corpus court. |
Johnson County | Court of Criminal Appeals | 01/30/13 | |
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Sterling Lamar Cooper v. State of Tennessee E2012-00383-CCA-R3-PC Authoring Judge: Judge Joseph M. Tipton Trial Court Judge: Judge Donald R. Elledge The Petitioner, Sterling Lamar Cooper, appeals the Anderson County Criminal Court’s denial of post-conviction relief from his guilty plea convictions for possession with the intent to deliver a controlled substance less than 0.5 grams, a Class C felony, and possession with the intent to deliver a controlled substance more than 0.5 grams, a Class B felony, and his concurrent sentences of ten years and twenty years, respectively. On appeal, the Petitioner contends that the convictions should be vacated and the charges dismissed because (1) his sentences were illegal, (2) the trial court committed judicial misconduct, (3) the State committed prosecutorial misconduct, and (4) trial counsel provided ineffective assistance of counsel. We affirm the judgement of the trial court. |
Anderson County | Court of Criminal Appeals | 01/29/13 | |
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State of Tennessee v. Elder Mark Anthony Thornton M2011-02444-CCA-R3-CD Authoring Judge: Special Judge J.S. (Steve) Daniel Trial Court Judge: Judge Monte Watkins Appellant, Elder Mark Anthony Thornton,was convicted in Davidson County General Sessions Court of eighty counts of criminal contempt after violating an order of protection. He appealed those convictions to the Davidson County Criminal Court and, following a bench trial, was found guilty of criminal contempt for 180 separate violations of the order of protection. Appellant was pro se at trial. The trial court sentenced Appellant to ten calendar days per incident consecutively, for a total of 1800 days of incarceration. Appellant, still proceeding pro se, filed a timely notice of appeal. After a review of the original and the supplemented record, we determine that ten of the convictions and sentences are proper and, thus, are affirmed. However, the balance of the convictions, 170 in total, which were not listed in the charging notice can not stand, as proper notice was not given to Appellant. As such, those convictions are reversed, and the resulting sentences are vacated. |
Davidson County | Court of Criminal Appeals | 01/29/13 | |
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State of Tennessee v. Dwight Miller - Dissenting W2011-00447-CCA-R3-CD Authoring Judge: Judge Thomas T. Woodall Trial Court Judge: Senior Judge L. Terry Lafferty I respectfully dissent. Specifically, I disagree with the majority’s conclusions that in Miller I this court reversed the conviction solely “because of the manner in which the trial court admonished Blackwell [the unavailable witness] in front of the jury, [Blackwell’s] explanation that her improved memory resulted from the threat of jail, and her testimony that she had been assaulted after she spoke with the TBI together with her attribution of the assault to her involvement in the case.” |
Haywood County | Court of Criminal Appeals | 01/28/13 |