Court of Criminal Appeals Opinions

Format: 05/20/2013
Format: 05/20/2013
Quantel Taylor v. State of Tennessee
W2012-00760-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Clayburn Peeples

Petitioner, Quantel Taylor, appeals from the denial of his petition for post-conviction relief. Petitioner entered “best interest” guilty pleas to second degree murder, attempted first degree murder, and especially aggravated robbery, and received agreed upon sentences of 20 years for each offense to be served concurrently at 100 percent. In this direct appeal, Petitioner asserts that the trial court erred by denying post-conviction relief because Petitioner’s trial counsel was ineffective and his plea was involuntarily and unknowingly entered. The post-conviction court erred by granting the State’s prehearing motion to quash subpoenas and by refusing to allow Petitioner to present an offer of proof at that hearing. However, in light of the proof at the post-conviction hearing the error, though flagrant, was harmless. The judgment is therefore affirmed.

Crockett County Court of Criminal Appeals 04/29/13
State of Tennessee v. William Lance Walker
M2012-01319-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Robert Crigler

Appellant, William Lance Walker, was indicted by the Marshall County Grand Jury with one count of the sale of .5 grams or more of cocaine and one count of the delivery of .5 grams or more of cocaine. After a jury trial, Appellant was convicted as charged. As a result, the trial court merged the two offenses and sentenced Appellant to a term of twelve years, to be served consecutively to Appellant’s sentence in a previous case, for a total effective sentence of forty-seven years. After a motion for new trial and a hearing on the motion, the trial court amended Appellant’s sentence from twelve years to twenty years but ordered it to run consecutively to a prior sixteen-year parole violation but concurrently with a prior nineteen-year sentence, for a total effective sentence of thirty-six years. On appeal, Appellant claims that the evidence was insufficient, the trial court erred in denying a mistrial after a witness made reference to his incarceration, and that his sentence is excessive. After a review of applicable authorities and the record, we conclude that the evidence was sufficient to support the convictions; the trial court did not abuse its discretion in denying a mistrial where the Appellant elicited the claimed offending testimony, the proof against Appellant was strong and Appellant rejected a curative instruction. We also determine that the trial court did not abuse its discretion in sentencing Appellant where Appellant’s sentence is within the appropriate range and the record demonstrates that the sentence is otherwise in compliance with the purposes and principles listed by statute. Finally, we note that the record does not appear to contain amended judgment forms to reflect the trial court’s amendment to Appellant’s sentence at the hearing on the motion for new trial. Consequently, the judgments of the trial court are affirmed, but the matter is remanded to the trial court for entry of corrected judgments.

Marshall County Court of Criminal Appeals 04/29/13
Edward Shawndale Robinson v. State of Tennessee
M2011-02000-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Robbie Beal

Following a traffic stop on Interstate 40, Appellant, Edward Shawndale Robinson, was indicted by the Hickman County Grand Jury in August of 2009 for possession of more than ten pounds of marijuana with the intent to deliver and following traffic too closely. Appellant sought unsuccessfully to have evidence seized from him suppressed prior to trial. After a jury trial, Appellant was convicted of possession of more than ten pounds of marijuana and sentenced to six years as a Range II, multiple offender. Appellant presents the following issues for our review on appeal: (1) whether Appellant received a fair and impartial jury; (2) whether the stop and subsequent search of Appellant’s vehicle was valid; and (3) whether Appellant received ineffective assistance of counsel at trial. After a review of the law and applicable authorities, we conclude Appellant’s failure to include transcripts of the hearing on the motion for new trial and hearing on the motion to suppress results in a waiver of the issues raised on appeal. Further, Appellant has failed to show plain error that would result in our review of the issues despite the waiver. Accordingly, the judgment of the trial court is affirmed.

Hickman County Court of Criminal Appeals 04/29/13
Sidney Cason v. State of Tennessee
M2012-00364-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Mark J. Fishburn

The Petitioner, Sidney Cason, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his convictions of second degree murder and especially aggravated robbery and resulting effective sentence of forty years in confinement. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel, which resulted in his guilty pleas being unknowing and involuntary. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

Davidson County Court of Criminal Appeals 04/29/13
State of Tennessee v. Kevin James Callahan
M2012-01112-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Robbie T. Beal

The defendant, Kevin James Callahan, pleaded guilty to one count of delivery of Percocet and one count of delivery of Oxycodone, both Schedule II controlled substances, and the Williamson County Circuit Court sentenced him as a Range I, standard offender to concurrent terms of four years’ imprisonment, suspended to probation following the service of six months’ incarceration in the county jail. On appeal, the defendant argues that the sentence imposed was excessive in manner of service. Discerning no error, we affirm the judgments of the trial court.

Williamson County Court of Criminal Appeals 04/29/13
State of Tennessee v. James Strong Powell
W2011-02685-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Stella L. Hargrove

Defendant, James Strong Powell, an attorney, was indicted for aggravated perjury. Defendant was convicted as charged by a jury and sentenced by the trial court to serve two years, seven months, and nine days in confinement as a Range I standard offender. Defendant now appeals his conviction and sentence. Defendant asserts that the trial court erred by: 1) allowing the trial judge, who presided over the hearing at which Defendant was alleged to have perjured himself, to testify at trial beyond the scope of the trial judge’s expertise; and 2) denying Defendant’s request for a sentence of full probation. After a careful review of the record, we affirm the judgment of the trial court.

Hardin County Court of Criminal Appeals 04/26/13
Clifford Eric Burgess v. State of Tennessee
M2012-02064-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Michael R. Jones

A Montgomery County jury convicted the Petitioner, Clifford Eric Burgess, of five counts of rape of a child, a Class A felony. The trial court sentenced the Petitioner to an effective twenty-five-year sentence in the Department of Correction. The Petitioner appealed his convictions, and this Court affirmed the Petitioner’s convictions and sentences. See State v. Clifford Eric Burgess, M2008-01370-CCA-R3-CD, 2009 WL 2433059 (Tenn. Crim. App. at Nashville, Aug. 10, 2009), perm. app. denied (Tenn. July 20, 2009). The Petitioner timely filed a petition for post-conviction relief in which he claimed that he had received the ineffective assistance of counsel due to his attorney’s failure to have him evaluated for mental illness. After a hearing, the post-conviction court dismissed the petition. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s judgment.

Montgomery County Court of Criminal Appeals 04/26/13
State of Tennessee v. Benji L. Creech
M2012-01861-CCA-R3-CD
Authoring Judge: Senior Judge Paul G. Summers
Trial Court Judge: Judge George C. Sexton

On January 19, 2011, appellant, Benji L. Creech, pled guilty to selling oxycodone, a schedule II drug, in violation of Tennessee Code Annotated section 39-17-417. Appellant received a sentence of three years in the Tennessee Department of Correction, which was suspended to probation. On February 8, 2012, his probation was revoked. In lieu of serving his three-year sentence in the Department of Correction, appellant entered the drug court program. On June 14, 2012, appellant was summarily dismissed from the drug court program upon the allegation that he falsified a sponsor contact sheet. After a hearing on July 25, 2012, appellant’s probation was revoked again. On appeal, he argues that the evidence does not support the trial court’s decision to revoke his probation and serve his sentence in confinement. We disagree and affirm the trial court’s judgment.

Dickson County Court of Criminal Appeals 04/26/13
State of Tenessee v. Danielle White
E2011-01817-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge John F. Dugger, Jr.

The Defendant, Danielle White, was convicted of two counts of aggravated assault, a Class C felony. See T.C.A. § 39-13-102 (2006) (amended 2009, 2010, 2011). She received sentences for each conviction of three years and six months, with four months to be served in jail. The sentences are to be served concurrently. On appeal, she contends that (1) the trial court erred in failing to appoint counsel and in allowing her to represent herself; (2) the trial judge erred in failing to recuse himself, and denying her a fair trial; (3) the grand jury foreman was not selected constitutionally because there was a systematic exclusion based upon gender, race, and ethnicity; (4) the indictment was invalid because no grand jury foreman was appointed; (5) the trial court erred in using a jury selection process that was not in accord with the relevant statute; (6) the trial court erred in denying the motion to suppress; and (7) there was prosecutorial misconduct when the assistant district attorney referred to the Defendant’s invoking her right to counsel. We affirm the judgments of the trial court.

Greene County Court of Criminal Appeals 04/25/13
Christopher Evonne Rodriguez v. State of Tennessee
M2012-01036-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Lee Russell

The Petitioner, Christopher Evonne Rodriguez, appeals the Bedford County Circuit Court’s denial of his petition for post-conviction relief from an aggravated burglary conviction. On appeal, the Petitioner contends that trial counsel was ineffective by failing "to raise any defense . . . of a crime spree." Upon review, we affirm the judgment of the post-conviction court.

Bedford County Court of Criminal Appeals 04/25/13
State of Tennessee v. Edy Chavez Pantaleon
M2012-00575-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Cheryl A. Blackburn

The defendant, Edy Chavez Pantaleon, appeals his Davidson County Criminal Court jury convictions of rape of a child and aggravated sexual battery, claiming that the evidence was insufficient to support the convictions. In addition, the defendant argues that the trial court erred by instructing the jury on flight and that the sentence imposed by the trial court is excessive. Upon our review, we affirm the trial court’s judgments.

Davidson County Court of Criminal Appeals 04/25/13
State of Tennessee v. Arthur T. Rogers
M2012-01002-CCA-R3-CD
Authoring Judge: Judge Jeffrey S. Bivins
Trial Court Judge: Judge Larry B. Stanley, Jr.

Arthur T. Rogers ("the Defendant") was convicted by a jury of two counts of aggravated sexual battery. The trial court subsequently sentenced the Defendant to two concurrent terms of nine years in the Tennessee Department of Correction. In this delayed direct appeal, the Defendant challenges the sufficiency of the evidence supporting his convictions. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court.

Warren County Court of Criminal Appeals 04/23/13
State of Tennessee v. Kalvin Hardaway
W2011-02332-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge James C. Beasley Jr.

A Shelby County Criminal Court Jury convicted the appellant, Kalvin Hardaway, of reckless aggravated assault and initiating a false report, Class D felonies. After a sentencing hearing, the trial court sentenced him as a Range III, career offender to twelve years for each conviction to be served concurrently. On appeal, the appellant contends that the evidence is insufficient to support the convictions and that the trial court erred by refusing to allow him to question the victim about the victim’s drug use. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.

Shelby County Court of Criminal Appeals 04/19/13