The following Opinions are available for download:
Cases posted the week of 06/27/2005
State vs. Christopher Ebbs, Alias -
E2004-02054-CCA-R3-CD View
Knox County - The appellant, Chris Ebbs, pled guilty
in May of 1996 to attempted aggravated sexual battery and was sentenced
to six (6) years in the Department of Correction. The trial court suspended
the sentence to probation for six (6) years conditioned upon various
requirements. In June of 2001, a probation violation warrant was filed.
As a result, the trial court revoked the appellant's suspended sentence
and ordered the appellant to serve the six-year sentence in confinement.
On appeal, the appellant challenges the trial court's decision to revoke
probation. After a review of the record and applicable legal authorities
we conclude the judgment of the trial court must be affirmed.
State vs. William F. Cain - E2004-01462-CCA-R3-CD View
Polk County - The Appellant, William F. Cain, was convicted
of misdemeanor stalking and sentenced to eleven months and twenty-nine
days in the county jail. On appeal, Cain raises two issues for our review:
(1) whether the evidence is sufficient to support the conviction and
(2) whether he should have received a suspended sentence. After review,
the judgment of conviction and sentence are affirmed.
State vs. James Erskin McCullough -
E2004-02669-CCA-R3-CD View
Hamiton County - The Defendant, James Erskin McCullough,
pled guilty to various offenses, and, while he was on probation for
these convictions, a probation violation report was filed, stating that
the Defendant failed to report to his probation officer and was arrested
for theft. After a hearing, the trial court revoked the Defendant's
probation, and it ordered that the Defendant serve the remainder of
his sentence in prison. On appeal, the Defendant contends that the evidence
is insufficient to revoke the Defendant's probation, and, therefore,
the trial court abused its discretion by revoking his probation. After
thoroughly reviewing the record and the applicable authorities, we affirm
the trial court's judgment.
State vs. David Fountain - E2004-01226-CA-R3-CD View
Rhea County - The defendant, David Wayne Fountain,
appeals from the Rhea County Circuit Court's revocation of his probation.
Because the record supports the revocation of probation, we affirm the
revocation; however, to avoid a length of confinement that exceeds the
defendant's release eligibility as a Range I offender, we modify the
post-revocation terms of the manner of service of the defendant's two-year
sentence.
Archie Miller vs. State - E2004-01134-CCA-R3-PC View
Sullivan County - The petitioner, Archie L. Miller,
appeals the Sullivan County Criminal Court's dismissal of his petition
for post-conviction relief in which he challenged his three 2002 convictions
of selling cocaine. The post-conviction court appointed counsel, who
filed an amended petition, and the court conducted an evidentiary hearing.
Following the hearing, the court found that the petitioner failed to
establish the ineffective assistance of trial counsel and denied post-conviction
relief. We affirm the action of the post-conviction court.
State vs. Kevin Bufford - M2004-00536-CCA-R3-CD View
Davidson County - The appellant, Kevin Bufford, pled
guilty to one (1) count of aggravated robbery and one (1) count of carjacking
while reserving a certified question of law for appeal. In that certified
question of law, the appellant challenges the trial court's denial of
a motion to suppress the evidence obtained as the result of what the
appellant argues was an illegal arrest. Because we determine that the
certified question is not dispositive, we dismiss the appeal and remand
the matter to the trial court for any further proceedings which may
be necessary.
Anthony Forster vs. State - M2004-00452-CCA-R3-PC View
Davidson County - The petitioner, Anthony D. Forster,
appeals the summary dismissal of his petition for post-conviction relief.
The judgment of the post-conviction court is affirmed.
State vs. Michael Martin - M2004-00455-CCA-R3-CD View
Davidson County - On March 25, 2002, the defendant,
Michael Ricardo Martin, was indicted by the Davidson County Grand Jury
on two (2) counts of rape for an incident that occurred on November
27, 2001. A jury trial was held and the defendant was convicted of one
(1) count of rape and one (1) count of sexual battery. The trial court
sentenced the defendant to concurrent sentences of ten (10) years for
the rape conviction and two (2) years for the sexual battery conviction.
On appeal the defendant argues that the trial court erred by not granting
his motion for judgment of acquittal, by granting the State's motion
in limine regarding evidence concerning a prior hymenal injury sustained
by the victim and by sentencing the defendant to a ten (10) year effective
sentence. We affirm the judgments of the trial court.
State vs. Lorenzo Malone - M2003-02770-CCA-R3-CD View
A Wilson County jury convicted the defendant, Lorenzo Malone,
for first degree felony murder under the theory of criminal responsibility.
The trial court sentenced him to life with the possibility of parole.
On appeal, he argues that the trial court erred by: (1) refusing to
strike a potential juror for cause; (2) admitting photographs of the
victim and a videotape into evidence; and (3) failing to grant a mistrial
based upon impropriety in the State's closing argument. We affirm the
judgment of the trial court.
State vs. Jason Ruiz - M2004-01725-CCA-R3-CD View
Mafrshall County - The Appellant, Jason Allen Ruiz,
appeals the sentencing decision of the Marshall County Circuit Court
denying his motion for suspension of his sentence. Following a guilty
plea to Class B felony sale of cocaine, Ruiz received an eight-year
sentence with service of one year in confinement. At the sentencing
hearing, Ruiz refused to name his drug sources. At the conclusion of
the hearing, the trial court informed Ruiz that after serving 120 days
in jail, the remainder of his incarceration period would be suspended
if he revealed the names of those who supplied him drugs. Ruiz petitioned
for suspension of his sentence after serving 120 days in confinement.
He persisted, however, in his refusal to identify his drug sources because
he feared retaliation. Ruiz's motion for suspension of his sentence
was denied. After de novo review, we conclude that the trial court improperly
considered Ruiz's refusal to reveal his drug sources. Accordingly, the
judgment of the trial court is reversed, and the balance of the Appellant's
sentence of incarceration is suspended.
Quinton G. Stewart vs. State - M2004-02667-CCA-R3-HC View
Davdison County - The petitioner appeals from the trial
court's dismissal of his pro se petition for writ of habeas corpus.
Following our review, we affirm the judgment of the trial court.
State vs. Kenneth Hayes - M2004-00715-CCA-R3-CD View
Davidson County - The Appellant, Kenneth Hayes, appeals
the revocation of his probation by the Davidson County Criminal Court.
In 1997, Hayes pled guilty to felony possession of cocaine and was sentenced
to a term of eight years with service of one year in confinement followed
by supervised probation. In 2004, a probation violation warrant was
issued alleging that Hayes violated probation by possessing cocaine.
At the revocation hearing, Hayes sought suppression of the cocaine upon
grounds that it was illegally seized. The trial court found that the
police search was valid and revoked Hayes' suspended sentence. After
review, we conclude that the cocaine was illegally seized. Notwithstanding,
we further conclude that in the absence of police harassment or that
the evidence was obtained in a particularly offensive manner, the exclusionary
rule is not applicable to probation revocation proceedings. Accordingly,
the order of revocation is affirmed.
State vs. Augustine John Lopez, III -
M2003-02307-CCA-R3-CD View
Davdison County - The Appellant, Augustine John Lopez,
III, was convicted by a Davidson County jury of first degree felony
murder and theft of property over $1000 and subsequently received concurrent
sentences of life imprisonment and five years for the respective convictions.
On appeal, Lopez raises four issues for our review: (1) whether the
evidence is sufficient to support the convictions: (2) whether the trial
court erred in allowing testimony by a police officer concerning fingerprint
evidence; (3) whether the trial court erred in excluding the hearsay
statements of a witness which indicated her possible involvement in
the murder; and (4) whether the trial court's sequential jury instruction
was error. After review of the record, the judgments of conviction are
affirmed.
Randy Overbay vs. State - E2004-02772-CCA-R3-HC View
Johnson County - The petitioner, Randy Overbay,
appeals from the trial court’s order dismissing his petition
for writ of habeas corpus. The state has filed a motion requesting
that this court affirm the trial court’s denial of relief
pursuant to Rule 20 of the Rules of the Court of Criminal Appeals.
The petition fails to establish a cognizable claim for habeas
corpus relief. Accordingly, the state's motion is granted and
the judgment of the trial court is affirmed.
State vs. Peter James Bates - E2004-00144-CCA-R3-CD View
Sullivan County - The appellant, Peter James
Bates, was convicted by a jury in the Sullivan County Criminal
Court of selling .5 grams or more of cocaine within 1,000 feet
of a school. He received a sentence of twenty-four years incarceration
in the Tennessee Department of Correction. On appeal, the appellant
challenges the sufficiency of the evidence, the trial court’s
rulings on various suppression motions, and sentencing. Upon our
review of the record and the parties’ briefs, we affirm
the judgment of the trial court.
Edward Jerome Harbison vs. State -
E2004-00885-CCA-R28-PD View
In 1983, a Hamilton County Criminal Court jury convicted
the petitioner, Edward Jerome Harbison, of first degree murder and sentenced
him to death. The supreme court affirmed the conviction on direct appeal.
See State v. Harbison, 704 S.W.2d 314 (Tenn. 1986). Subsequently, the petitioner
filed a post-conviction petition. The trial court denied post-conviction
relief, and this court affirmed. See Edward Jerome Harbison v. State, No.
03C01-9204-CR-00125, 1996 Tenn. Crim. App. LEXIS 307 (Knoxville, May 20,
1996). Upon alleged discovery of new evidence, the petitioner moved to reopen
his post-conviction petition. The trial court converted the motion to a
petition for writ of error coram nobis and denied relief. Upon review of
the record and the parties’ briefs, we affirm the judgment of the
trial court.
Cases posted the week of 06/20/2005
Thomas Wray vs. State - E2004-02901-CCA-R3-HC View
Bledsoe County - The appellant, Thomas Wray,
appeals from the denial of his petition for the writ of habeas
corpus wherein he alleges that his guilty pleas and sentences
in the Hamilton County Criminal Court to two (2) offenses committed
while he was a juvenile are void. For the reasons stated below
we find that the habeas court properly denied habeas corpus relief
and we therefore affirm the decision of the lower court.
State vs. Ronald Benjamin Irwin -
E2004-01560-CCA-R3-CD View
Sullivan County - The appellant, Ronald Benjamin
Irwin, was convicted by a jury of aggravated robbery. As a result,
the appellant was sentenced as a Range I, standard offender to
a nine-year sentence. On appeal, the appellant challenges the
sufficiency of the evidence and his sentence as excessive. Because
we determine that the evidence was sufficient to support the conviction
and that the trial court did not err in sentencing the appellant
to serve nine (9) years in incarceration, we affirm the judgment
of the trial court.
State vs. Kenneth Buford, Alias -
E2004-01780-CCA-R3-CD View
Knox County - The defendant appeals his conviction
for reckless endangerment, contending specifically that the evidence
was insufficient to prove that he placed anyone in imminent danger
of death or serious bodily injury. Upon review, we conclude that
because the defendant fired the gun in the air, away from any
person or potentially occupied building, the evidence is insufficient
to sustain his conviction. Therefore, we reverse the conviction
and dismiss the charges.
State v. Michael L. Calandros -
E2004-02382-CCA-R3-CD View
Sullivan County - The defendant appeals the trial court's
denial of pretrial jail credits. We conclude that Tennessee Rule of
Appellate Procedure 3 does not provide an appeal as of right from the
trial court's action. Moreover, because the sentence is neither illegal
nor void, the appeal cannot be treated as a writ of certiorari. Therefore,
because this matter is not properly before us, we dismiss the appeal.
State vs. Aaron T. James -
M2004-00808-CCA-R3-CD View
Davidson County - The defendant, Aaron T. James,
was convicted of especially aggravated kidnapping and the trial
court imposed a sentence of sixty years. In this appeal, he asserts
(1) that the evidence is insufficient; (2) that the trial court
erred by limiting the questioning of a witness; (3) that the trial
court erred by refusing to provide a jury instruction on the defense
of necessity; (4) that the trial court committed plain error by
permitting the state to make improper commentary on the law during
closing argument; and (5) that the trial court erred by ordering
that the defendant serve the sentence he received in this case
consecutively to the sentence for a previous conviction. The judgment
of the trial court is affirmed.
State vs. Patricia Marie Jenson -
M2003-02848-CCA-R3-CD View
(Dissent) - View
Davidson County - The appellant, Patricia Marie Jenson,
was convicted by a jury in the Davidson County Criminal Court of child neglect
and possession of drug paraphernalia. She received a total effective sentence
of four years, to be served on community corrections. On appeal, the appellant
challenges the sufficiency of the evidence supporting her conviction for
child neglect and the sentence imposed by the trial court on that offense.
Upon our review of the record and the parties’ briefs, we affirm the
judgments of the trial court.
State vs. Jesse Ross Smith -
M2004-01372-CCA-R3-CD View
The appellant, Jesse Ross Smith, pled guilty in the Bedford County Circuit
Court to aggravated robbery, aggravated assault, possession of a prohibited
weapon, and driving on a revoked license. Pursuant to the plea agreement,
the trial court was to determine the length of the sentence. After a sentencing
hearing, the trial court ordered an effective twenty-six-year sentence in
the Department of Correction (DOC). On appeal, the appellant claims the
trial court improperly enhanced his sentences in light of Blakely v. Washington,
542 U.S. ___, 124 S. Ct. 2531 (2004), and improperly sentenced him as a
Range II offender. Upon review of the record and the parties’ briefs,
we affirm the judgments of the trial court.
Erika East vs. State - M2003-02329-CCA-R3-PC View
Rutherford County - The Petitioner, Erika East,
filed a petition for post-conviction relief contending that she
received ineffective assistance of counsel. After a hearing, the
post-conviction court denied the petitioner’s request for
post-conviction relief. Finding no reversible error, we affirm
the judgment of the post-conviction court.
State vs. Alice Smotherman -
M2004-01724-CCA-R3-CD View
Wayne County - The Defendant, Alice Smotherman,
pled guilty to possession of a Schedule IV controlled substance
for resale, a Class D felony, after the trial court denied her
motion to suppress evidence seized pursuant to a search warrant.
As part of the plea agreement, she reserved the right to appeal
a certified question of law pursuant to Tennessee Rule of Criminal
Procedure 37(b)(2)(i). The certified question reserved for review
was "whether or not the affidavit in the search warrant is sufficient
to establish truthfulness, reliability and veracity of information
that [an] unnamed third party conveyed to affiant which established
probable cause for the issuance of the search warrant; and whether
or not the search warrant complied with Rule 41(c) of the Tennessee
Rules of Criminal Procedure." Because the record on appeal is
incomplete, we must conclusively presume the ruling of the trial
court was correct. Accordingly, we affirm the decision of the
trial court.
State vs. David Lee Wakefield -
M2004-02290-CCA-R3-CD View
A Maury County Jury convicted the Defendant, David Lee
Wakefield, of driving under the influence (“DUI”). The trial
court granted the defendant’s motion for a judgment of acquittal,
and the State now appeals. Finding that there exists reversible error, we
reverse the judgment of the trial court and remand the case for a new trial.
State vs. Walter Williams, Jr. -
M2004-01781-CCA-R3-CD View
The appellant, Walter Williams, Jr., pled guilty in the Humphreys
County Circuit Court to driving under the influence (DUI), fourth
offense, a Class E felony, and driving on a revoked license, a Class B misdemeanor.
For the DUI conviction, the trial court sentenced the appellant to one year
in jail, to be suspended after serving one hundred fifty days in jail, imposed
a three thousand dollar fine, and suspended the appellant’s driver’s
license for five years. For the driving on a revoked license conviction,
the trial court sentenced the appellant to six months, to be suspended after
serving two days in jail. The trial court ordered that the sentence for
the driving on a revoked license conviction be served consecutively to the
sentence for DUI. Pursuant to the plea agreement, the appellant reserved
the right to appeal a certified question of law challenging the trial court’s
denial of his motion to suppress. Upon review of the record and the parties’ briefs,
we affirm the judgment of the trial court.
Daylon Roberts vs. State - E2004-02965-CCA-R3-HC View
Johnson County - The petitioner, Daylon Roberts,
appeals from the trial court's order denying his petition for
writ of habeas corpus. The state has filed a motion requesting
that this court affirm the trial court's denial of relief pursuant
to Rule 20 of the Rules of the Court of Criminal Appeals. The
petitioner has failed to establish a cognizable claim for habeas
corpus relief. Accordingly, the state's motion is granted and
the judgment of the trial court is affirmed.
State vs. Daniel Blake -
W2004-01253-CCA-R3-CD View
Shelby County - The defendant, Daniel Blake,
stands convicted of aggravated vehicular homicide, attempt to
leave the scene of an accident, and driving on a revoked or suspended
license, and he is serving an effective sentence of 25 years.
He has appealed his aggravated vehicular homicide conviction and
claims that the state failed to prove beyond a reasonable doubt
that his blood-alcohol content was above .20 percent and that
he had previously been convicted of DUI. After thoroughly reviewing
the record and applicable authorities, we find sufficient evidence
to support the conviction and affirm the judgment.
State vs. Clarence
Gaston - W2004-01703-CCA-R3-PC View
Obion County - The petitioner, Clarence Carnell
Gaston, appeals the Obion County Circuit Court’s dismissal
of his petition for post-conviction relief, in which he challenged
his 2001 convictions of first degree felony murder, second degree
murder, and conspiracy to commit second degree murder. See State
v. Clarence Carnell Gaston, No. W2001-02046-CCA-R3-CD (Tenn. Crim.
App., Jackson, Feb. 7, 2003) (affirming the petitioner’s
convictions and sentences), perm. app. denied (Tenn. 2003). After
appointing counsel, the post-conviction court conducted a hearing
on May 24, 2004. Following the hearing, the court denied post-conviction
relief. We affirm the post-conviction court’s judgment.
State vs. Qawi Nur - W2004-01259-CCA-R3-CD View
Shelby County - Defendant, Qawi Nur, a/k/a/ Darrius
James, was indicted on one count of first degree felony murder
and one count of first degree premeditated murder. The State filed
a notice of intent to seek the death penalty. Following a jury
trial, defendant was convicted of first degree felony murder in
count one and second degree murder in count two. The trial court
merged defendant’s second degree murder conviction into
his first degree felony murder conviction. The jury sentenced
defendant to life imprisonment without the possibility of parole
for his first degree murder conviction. The sole issue raised
on appeal challenges the sufficiency of the convicting evidence.
After a thorough review of the record, we affirm the judgment
of the trial court.
State vs. Eddrick John -
W2004-01250-CCA-R3-CD View
Shelby County - The defendant, Eddrick Johnson,
originally charged with two counts of aggravated robbery, was
convicted of two counts of facilitation of aggravated robbery.
The trial court merged the convictions and imposed a Range II
sentence of seven years. In this appeal of right, the defendant
challenges the sufficiency of the evidence and argues that he
was improperly sentenced as a Range II offender. The judgment
is affirmed.
State vs. Patrick Marshall -
W2004-01593-CCA-R3-CD View
Madison County - The defendant, Patrick John
Marshall, entered pleas of guilt to one count of possession of
cocaine with intent to sell and one count of possession of marijuana
in exchange for an effective sentence of twelve years, to be served
on community corrections. The trial court later revoked the community
corrections sentence and, after a sentencing hearing, imposed
a Range II sentence of twenty years' incarceration. In this appeal,
the defendant asserts that the sentence is excessive. The judgment
of the trial court is affirmed.
State vs. Kent Ousley - W2004-02078-CCA-R3-HC View
Lauderdale County - The petitioner, Kent Ousley,
appeals the trial court’s denial of his petition for habeas
corpus relief. The single issue presented for review is whether
the petition was properly dismissed. The judgment is affirmed.
State vs. Rickie Reed - W2004-01878-CCA-R3-PC View
Shelby County - The petitioner, Rickie Reed,
appeals from the trial court's denial of post-conviction relief.
The single issue presented for review is whether the petitioner
was denied the effective assistance of counsel at trial. The judgment
is affirmed.
Cases posted the week of 06/13/2005
State vs. William E. Pewitt - Filed
M2004-02479-CCA-R3-CD View
Williamson County - The Defendant, William E. Pewitt,
pled guilty to one count of theft over $1000.00, one count of burglary,
and one count of theft over $500.00. The trial court sentenced the Defendant
to an effective sentence of two years, and the Defendant appeals, contending
that the trial court erred when it denied him alternative sentencing.
Finding no reversible error, we affirm the judgments of the trial court.
Mario Leggs vs. State - M2004-00756-CCA-R3-PC View
Davidson County - The petitioner, Mario Antoine Leggs,
appeals the denial of his petition for post-conviction relief. In this
appeal, he contends that he was denied the effective assistance of counsel.
In addition, he asserts that the ruling in Blakely v. Washington, 542
U.S. __, 124 S. Ct. 2531 (2004), renders his sentences invalid. The
judgment of the post-conviction court is affirmed.
Cedrick Mitchell vs. State - M2004-00861-CCA-R3-PC View
(Concur) - View
Giles County - Petitioner, Cedrick Konard Mitchell,
appeals from the denial of his petition for post-conviction relief.
In his appeal, Petitioner contends that his trial counsel rendered ineffective
assistance of counsel in connection with the negotiation and entry of
Petitioner's best interest guilty plea to the charges of assault and
driving on a suspended license, and that his guilty plea was not knowingly
or voluntarily entered into. After a careful review of the record in
this matter, we affirm the judgment of the trial court.
Michael McDade vs. State - M2004-02493-CCA-R3-PC View
Wilson County - The petitioner, Michael D. McDade,
appeals the denial of his petition for post-conviction relief, arguing
that his guilty plea was unknowing and involuntary and he was denied
the effective assistance of trial counsel. Following our review, we
affirm the post-conviction court's denial of the petition.
State vs. Wesley Brown - M2003-02804-CCA-R3-CD View
Davidson County - The defendant, Wesley Earl Brown,
was convicted of two counts of rape of a child, a Class A felony, and
three counts of aggravated sexual battery, a Class B felony, and was
sentenced to twenty-five years for each rape conviction, to be served
consecutively, and ten years for each sexual battery conviction, to
be served concurrently but consecutively to the rape convictions, for
a total effective sentence of sixty years. On appeal, he argues: (1)
the evidence was insufficient to support his convictions; (2) the trial
court erred in admitting evidence of prior bad acts; and (3) the trial
court erred in sentencing. Following our review, we affirm the judgments
of the trial court.
State vs. LeShaun Norwood - M2003-00541-CCA-R3-CD View
Maury County - A Maury County Circuit Court jury found
the appellant, LeShaun Norwood, guilty of second degree murder, and
the trial court sentenced him to twenty-five years in the Department
of Correction (DOC). In this appeal, the appellant claims (1) that the
evidence is insufficient to support the conviction, (2) that the trial
court erred by refusing to suppress his confession to police, and (3)
that the trial court erred by admitting prejudicial photographs into
evidence. Upon review of the record and the parties' briefs, we affirm
the judgment of the trial court.
State vs. Joseph Wilson - M2003-02151-CCA-R3-CD View
Robertson County - Defendant was indicted for evading
arrest, a Class E felony, in count one; for carjacking, a Class B felony,
in count two; for reckless endangerment of Officer Billy Moyer, a Class
E felony, in count three; for reckless endangerment of Officer Joe MacLeod,
a Class E felony, in count four; for driving on a canceled, suspended
or revoked license, subsequent offense, a Class A misdemeanor, in count
five; and resisting arrest, a Class B misdemeanor, in count six. Following
a jury trial, Defendant was found guilty of Class E felony evading arrest,
carjacking, reckless endangerment of Officer Moyer, and driving on a
revoked license in counts one, two, three and five. Defendant was found
not guilty of reckless endangerment of Officer MacLeod and resisting
arrest in counts four and six. The trial court sentenced Defendant as
a Range II, multiple offender, to two years for the felony evading arrest
conviction, twelve years for the carjacking conviction, two years for
the reckless endangerment conviction, and eleven months, twenty-nine
days for the driving on a revoked license conviction. The trial court
ordered Defendant to serve his sentences concurrently for an effective
sentence of twelve years. On appeal, Defendant argues that the evidence
was insufficient to support his convictions for carjacking and reckless
endangerment, and that the trial court erred in not instructing the
jury on robbery and theft of property as lesser included offenses of
carjacking. Following a thorough review of the record, we affirm the
judgments of the trial court.
State vs. Cecil E. Anderson - M2004-02100-CCA-R3-PC View
Williamson County - The defendant was indicted on one
count of aggravated robbery (a Class B felony). Following a jury trial,
he was convicted of the lesser included offense of robbery (a Class
C felony) and was sentenced as a career offender to fifteen years in
the Department of Correction. Upon the grant of a delayed appeal, the
defendant challenges: (1) the sufficiency of the identification evidence;
and (2) whether his confession was sufficiently corroborated so as to
establish the corpus delicti. After careful review of the record, the
briefs, and applicable law, we affirm the judgment of the trial court.
State vs. Raymond Clark - W2004-02503-CCA-R3-PC View
Shelby County - The Petitioner, Raymond A. Clark, appeals
the trial court's denial of his motion to reopen his post-conviction
petition/petition for habeas corpus relief. The State has filed a motion
requesting that this Court affirm the trial court's denial of relief
pursuant to Rule 20, Rules of the Court of Criminal Appeals. Because
Petitioner has failed to allege a ground for relief which would render
the judgment void, we grant the State's motion and affirm the judgment
of the lower court.
Gregory Christopher Fleenor vs. State -
E2004-00943-CCA-R3-PC View
Sullivan County - The petitioner, Gregory Christopher
Fleenor, pled guilty in the Sullivan County Criminal Court to first
degree felony murder and especially aggravated robbery, and the trial
court sentenced him to concurrent sentences of life and fifteen years
respectively. Subsequently, the petitioner filed a petition for post-conviction
relief, alleging (1) that he received the ineffective assistance of
trial counsel and (2) that his guilty pleas were not knowingly and voluntarily
entered. After an evidentiary hearing, the post-conviction court dismissed
the petition, and the petitioner now appeals. Upon review of the record
and the parties' briefs, we affirm the judgment of the post-conviction
court.
Tyrone D. Conley vs. State - E2004-02480-CCA-R3-PC View
Washington County - The petitioner, Tyrone D. Conley,
pled guilty in the Washington County Criminal Court to second degree
murder, and he was sentenced to twenty years incarceration in the Tennessee
Department of Correction. Subsequently, the petitioner filed a "Constitutional
Challenge to Vacate Invalid Sentence." The trial court dismissed the
petition, finding that if the document was a petition for post-conviction
relief, it was time-barred. Further, the trial court determined that
if the document was a petition for a writ of habeas corpus, the petitioner
did not allege that his judgment was void. On appeal, the petitioner
contests the trial court's dismissal of his petition. Upon our review
of the record and the parties' briefs, we affirm the judgment of the
trial court.
State vs. Mark Delashmit - W2004-00946-CCA-R3-CD View
Tipton County - The defendant, Mark Ray Delashmit,
entered pleas of guilt to manufacturing methamphetamine, a Schedule
II drug, and to possessing methamphetamine with the intent to deliver.
The trial court imposed concurrent, four-year sentences in a community
corrections program. As part of the plea agreement, the defendant reserved
a certified question of law pursuant to Rule 37(b)(2)(i) of the Tennessee
Rules of Criminal Procedure. The question that has been certified for
review by the trial court is "[w]hether the search warrant executed
upon Defendant's residence was supported by probable cause. Specifically,
whether there is an adequate showing of the reliability and credibility
of the informant." The judgments are affirmed.
State vs. Scott McClain - E2004-01182-CCA-R3-CD View
Washington County - The appellant, Scott McClain,
pled guilty in the Washington County Criminal Court to driving under
the influence (DUI) with a blood alcohol content greater than .20. He
received a sentence of eleven months and twenty-nine days incarceration
in the Washington County Jail. As a condition of his plea, the appellant
reserved certified questions of law concerning the suppression of the
results of his blood alcohol test. Upon our review of the record and
the parties' briefs, we affirm the judgment of the trial court.
James P. Hyde vs. State - E2004-02177-CCA-R3-PC View
Hamblen County - The pro se petitioner, James P. Hyde,
appeals from the trial court's order denying the petitioner's motion
to reopen his post-conviction petition. The states moves the court to
affirm the judgment of the trial court pursuant to Rule 20 of this court's
rules. The motion was properly denied for lack of merit. Accordingly,
the state's motion is granted and the judgment of the trial court is
affirmed.
State vs. Darryl Ammons - M2004-01956-CCA-R3-CD View
Dickson County - The defendant, Darryl Ammons, was
indicted and tried for one count of attempt to commit first degree murder
and aggravated assault. He was subsequently convicted by a jury of attempted
criminally negligent homicide and aggravated assault. The trial court
merged the conviction for attempted criminally negligent homicide into
the conviction for aggravated assault and sentenced the defendant to
ten years as a Range II multiple offender. Upon review, we vacate the
defendant's conviction for attempted criminally negligent homicide but
affirm his conviction for aggravated assault.
State vs. Johnny Quent Crudup - M2004-01646-CCA-R9-CO View
Wilson County - Defendant, Johnny Quent Crudup, was
indicted on two counts of theft of property of more than $1,000 but
less than $10,000, a Class D felony, and two counts of theft of property
of more than $10,000 and less than $60,000, a Class C felony. Defendant
filed an application for pretrial diversion which was subsequently denied
by the district attorney general. The trial court denied the writ of
certiorari and affirmed the district attorney general's decision. Defendant
was granted permission to take an interlocutory appeal pursuant to Rule
9 of the Tennessee Rules of Appellate Procedure. Defendant contends
that the district attorney general abused his discretion in denying
Defendant's application, and that the denial was improperly made by
an assistant district attorney instead of the district attorney. We
affirm the trial court's order denying pretrial diversion.
State vs. Jeffrey Lynn Culley - M2003-01758-CCA-R3-CD View
White County - The defendant, Jeffrey Lynn Culley,
was convicted of attempted burglary, a Class E felony, and vandalism
under $500, a Class A misdemeanor. See Tenn. Code Ann. §§ 39-14-402,
-408. The trial court ordered concurrent sentences of four years for
the attempted burglary and eleven months, twenty-nine days for the vandalism.
In this appeal of right, the defendant argues that the evidence was
insufficient and that his attempted burglary sentence is excessive.
The judgments of the trial court are affirmed.
Ricky Thomas Hughes, II vs. State - M2004-01273-CCA-R3-PC View
Davidson County - The petitioner, Ricky Thomas Hughes,
II, appeals from the post-conviction court's denial of post-conviction
relief. On appeal, he contends that he received the ineffective assistance
of counsel when his trial counsel failed to properly investigate and
prepare his case for trial and failed to advise him of the consequences
of proceeding to trial. The petitioner also contends that his sentences
are invalid under Blakely v. Washington, 542 U.S. ----, 124 S.Ct. 2531
(2004). Following our review, we affirm the judgment of the post-conviction
court denying post-conviction relief.
State vs. Bobby Nelson - M2004-01720-CCA-R3-CD View
Sequatchie County - The Defendant, Bobby Nelson, upon
his plea of guilty, was convicted of arson, a Class C felony. Pursuant
to the plea agreement, the trial court was to establish the length and
manner of service of the Defendant's sentence. The sentence for arson
was to be served concurrently with another sentence the Defendant was
already serving for prior convictions. Following a sentencing hearing,
the trial court found the Defendant was a Range I, standard offender,
sentenced him to four and a half years, and ordered the Defendant serve
his entire sentence with the Tennessee Department of Correction (TDOC).
On appeal, the Defendant argues two issues pertaining to sentencing:
(1) the trial court erred by imposing an excessive sentence, and (2)
the trial court erred in denying probation or alternative sentencing.
We affirm the judgment of the trial court.
State vs. Chris Edward Porter - M2004-00444-CCA-R3-CD View
Marshall County - The Appellant, Chris Edward Porter,
appeals the sentencing decision of the Marshall County Circuit Court
which resulted in the imposition of an effective ten-year sentence of
incarceration. On appeal, Porter challenges the trial court's denial
of alternative sentencing. After review of the record, we affirm the
judgment of the trial court.
Harold Lindell Scharkley vs. State -
M2004-0128-CCA-R3-PC View
Robertson County - The Petitioner, Harold Lindell Scharkley,
filed a petition for post-conviction relief contending that his guilty
pleas were involuntary and unknowing because he received ineffective
assistance of counsel and because the trial court failed to follow the
requirements of Rule 11 of the Tennessee Rules of Criminal Procedure.
After a hearing, the post-conviction court denied the Petitioner's request
for post-conviction relief. Finding no reversible error, we affirm the
judgment of the post-conviction court.
James Robert Wilson vs. State - M2004-00933-CCA-R3-PC View
Davidson County - The petitioner appeals the denial
of post-conviction relief, contending that trial counsel was ineffective
in: (1) declining a curative instruction following a witness' characterization
of the petitioner as "a robber;" (2) failing to object to the untimely
disclosure of audiotapes containing statements made by the petitioner
to a key prosecution witness; (3) failing to argue that the term "recklessly" was
statutorily inapplicable to the petitioner, and because the term was
included in the indictment, failing to get a jury instruction on reckless
homicide. Upon review, we affirm the denial of post-conviction relief.
Cases posted the week of 06/06/2005
Jerome William Devereaux vs. State
- E2004-01891-CCA-R3-PC View
(Dissent) - View
Jefferson County - The petitioner, Jerome William Devereaux,
pled guilty in the Jefferson County Circuit Court to attempted rape
of a child and received a sentence of twelve years incarceration in
the Tennessee Department of Correction, with release eligibility after
service of thirty percent of his sentence. Subsequently, the petitioner
filed a petition for post-conviction relief, alleging that his trial
counsel was ineffective. The post-conviction court dismissed the petition.
The petitioner appeals the denial, arguing that his counsel was ineffective
in his advice concerning the petitioner's plea and that the trial court's
imposition of a twelve-year sentence violated the dictates of Blakely
v. Washington, 542 U.S. __, 124 S. Ct. 2531 (2004). Upon review of the
record and the parties' briefs, we affirm the judgment of the post-conviction
court.
State vs. Derek Bates - W2004-01623-CCA-R3-CD View
Shelby County - The Defendant, Derek Bates, was convicted
by a jury of two counts of aggravated robbery, which the trial court
subsequently merged into a single conviction. The trial court sentenced
the Defendant as a Range I, standard offender to nine years in the Department
of Correction. In this direct appeal, the Defendant challenges the sufficiency
of the evidence and the constitutionality of his sentence. We affirm
the judgment of the trial court.
State vs. Terry Clifton - W2004-01385-CCA-R3-HC View
Lake County - Terry Lee Clifton pleaded guilty to one
count of forgery in June 1977, five counts of forgery in September 1977,
and three counts of forgery in 1981. Additionally, he was convicted
of grand larceny in 1983. Based on the petitioner's criminal history,
he was sentenced as a habitual offender after his 1983 conviction and
therefore is currently serving a life sentence. Since his incarceration,
the petitioner has challenged his convictions and sentences multiple
times. See Terry Lee Clifton v. State, No. 02C01-9110-CC-00234 (Tenn.
Crim. App., Nashville, Apr. 13, 1994) (Clifton IV); State v. Terry Lee
Clifton, C.C.A. No. 26 (Tenn. Crim. App., Jackson, Nov. 7, 1990) (Clifton
III); State v. Terry Lee Clifton, C.C.A. No. 8 (Tenn. Crim. App., Jackson,
Feb. 19, 1986) (Clifton II); State v. Terry Lee Clifton, C.C.A. No.
22 (Tenn. Crim. App., Jackson, May 31, 1984) (Clifton I). In his current
pro se appeal, the petitioner challenges the lower court's dismissal
of his habeas corpus petition, which alleges that his life sentence
is void. After a thorough review of the record and applicable law, we
affirm.
State vs. William Harlon Adams - M2003-02952-CCA-R3-CD View
Coffee County - The appellant, William Harlon Adams,
appeals his convictions for vandalism of less than five hundred dollars
($500) and criminal attempt to commit resisting arrest. The following
issues are presented for our review: (1) whether the trial court erred
in denying the motion to suppress; (2) whether the trial court erred
in instructing the jury on the offense of attempt to resist arrest;
(3) whether the trial court erred in denying the motion to dismiss;
(4) whether the evidence was sufficient to support the conviction for
vandalism; and (5) whether the trial court correctly sentenced the appellant.
After a thorough review, we determine that attempt to resist arrest
is not a crime, thus, we reverse the appellant's conviction and remand
the case for any further proceedings which may be necessary. We affirm
the remainder of the judgment of the trial court, including the conviction
for vandalism.
Gregory Eidson vs. State - M2005-00150-CCA-R3-HC View
Sumner County - The Petitioner, Gregory Eidson, filed
a petition for wit of habeas corpus seeking relief from allegedly void
judgments, which the trial court summarily dismissed. On appeal, the
Petitioner contends that the habeas corpus court erred when it dismissed
his petition. Finding that there exists reversible error in the judgment
of the habeas corpus court, we reverse its dismissal of the Petitioner's
petition for habeas corpus relief, and we remand the case for the appointment
of counsel and an evidentiary hearing.
State vs. Jaquece Fitzgerald - M2004-02441-CCA-R3-CD View
Williamson County - The appellant, Jaquece Fitzgerald,
appeals the revocation of his probation by the Williamson County Circuit
Court. On appeal, the appellant presents the single issue of whether
the trial court erred in revoking his probation without hearing the
testimony of defense witnesses. After reviewing the issue, we affirm
the judgment of the trial court.
Dennis Harmon vs. State - M2004-00453-CCA-R3-PC View
Overton County - The petitioner, Dennis Harmon,
appeals the dismissal of his petition for post-conviction relief, alleging
that his counsel was ineffective and that his guilty plea was not knowingly
and voluntarily entered. After an evidentiary hearing, the post-conviction
court dismissed the petition, and the petitioner appealed. Upon review
of the record and the parties' briefs, we affirm the judgment of the
post-conviction court.
State vs. Corey Huddleston - M2004-00812-CCA-R3-CD View
Dickson County - The appellant, Corey Huddleston, was
convicted of multiple counts of theft of property valued under $500,
vandalism of property valued under $500, and criminal trespass. He received
sentences of eleven months and twenty-nine days for each of his theft
and vandalism convictions and thirty days for each of his criminal trespass
convictions. On appeal, the appellant challenges the trial court's imposition
of consecutive sentencing. Upon our review of the record and the parties'
briefs, we affirm the judgments of the trial court.
State vs. Shawnta Lamont Marsh - M2004-02248-CCA-R3-CD View
Bedford County - The defendant, Shawnta Lamont Marsh,
pled guilty to six counts of sale or delivery of cocaine over .5 grams.
The trial court merged all but three of the convictions and ordered
the defendant to serve consecutive sentences of eight years and one
month for each offense. The effective sentence is twenty-four years
and three months. In this appeal of right, the defendant contends that
the trial court erred by ordering consecutive sentencing. The judgments
of the trial court are affirmed.
Larry C. Strong vs State - M2004-02253-CCA-R3-PC View
Davidson County - The pro se petitioner, Larry C. Strong,
appeals the dismissal of his petition for post-conviction relief as
time-barred, arguing that he should have been afforded an evidentiary
hearing to present proof of his timely filing of the petition. Following
our review, we affirm the post-conviction court's summary dismissal
of the petition.
Johnnie M. Talley, III vs State - M2002-02179-CCA-R3-PC View
Williamson County - After a bench trial, the Williamson
County Criminal Court convicted the petitioner, Johnnie M. Talley, III,
of five counts of making a false report and sentenced him to an effective
sentence of eight years in the Department of Correction (DOC). Subsequently,
the petitioner filed a petition for post-conviction relief, alleging
(1) that his counsel was ineffective for failing to have him evaluated
by a psychologist and (2) that he did not knowingly and voluntarily
waive his rights to a jury trial or to testify. After an evidentiary
hearing, the post-conviction court dismissed the petition, and the petitioner
now appeals. Upon review of the record and the parties' briefs, we affirm
the judgment of the trial court.
State vs. Paul Friedman - M2004-01266-CCA-R3-CD View
Giles County - The Defendant, Paul Friedman, pled guilty
to one count of promoting prostitution. Pursuant to Tennessee Rule of
Criminal Procedure 37, the Defendant reserved as a certified question
of law the issue of whether Tennessee Code Annotated section 39-13-512
(2003), et seq., under which he was indicted, was unconstitutional.
We conclude that this statute is constitutional, and the judgment of
the trial court is therefore affirmed.
State vs. Keith Salter - W2004-01255-CCA-R3-CD View
Shelby County - Defendant, Keith Salter, was indicted
in case No. 01-04363 on two counts of theft of property over $1,000
but less than $10,000, a Class D felony, and one count of felony evading
arrest, a Class D felony. Defendant was indicted in case No. 01-04364
on two counts of theft of property over $10,000 but less than $60,000,
a Class C felony. Following a jury trial, Defendant was found guilty
in case No. 01-04363 of one count of theft of property over $1,000 and
one count of felony evading arrest, and not guilty on the other felony
theft charge. Defendant was found guilty of both counts of felony theft
in case No. 01-04364. The trial court merged Defendant's conviction
of felony theft in count two of case No. 01-04364 with his felony theft
conviction in count one. Defendant was sentenced as a career offender
to twelve years for the felony theft conviction and twelve years for
the felony evading arrest conviction in case No. 01-04363. Defendant
was sentenced as a persistent offender to fifteen years for the theft
conviction in case No. 01-04364. The trial court ordered Defendant's
sentences in case No. 01-04363 to be served concurrently with each other
but consecutively to his felony theft sentence in case No. 01-04364
for an effective sentence of twenty-seven years. On appeal, Defendant
argues (1) that the State failed to prove that the value of the truck
supporting his theft conviction in case No. 01-04363 was over $10,000;
(2) that the evidence was insufficient to establish his identity as
the perpetrator of the offenses; and (3) that the length of his sentences
is excessive. After a thorough review of the record, we affirm the judgments
of the trial court.
Johnny L. Beard, Sr. vs. State - M2004-02227-CCA-R3-PC View
Williamson County - The petitioner appeals from the
post-conviction court's dismissal of his petition for post-conviction
relief. He contends that the post-conviction court erred in concluding
that his petition was untimely filed without appointing counsel and
conducting an evidentiary hearing to determine whether due process considerations
tolled the statute of limitations. Following our review, we affirm the
dismissal of the petition.
State vs. John Bingham - M2003-02548-CCA-R3-CD View
A Bedford County jury convicted the defendant, John
Thomas Bingham, of robbery, a Class C felony. Following a sentencing
hearing, the trial court sentenced him as a Range I, standard offender
to five years and six months in the Department of Correction. In this
appeal, the defendant argues that the evidence is insufficient to support
the conviction and that the trial court erred in sentencing. We affirm
the judgment of the trial court.
State vs. Stephen Scott - M2004-00927-CCA-R3-CD View
Montgomery County - The defendant, Stephen Anthony
Scott, appeals as of right from his convictions by jury of aggravated
robbery, attempted aggravated robbery, especially aggravated kidnapping,
two counts of aggravated kidnapping, kidnapping, and attempted robbery.
Following a sentencing hearing, the defendant was classified as a Range
I offender and received a ten-year sentence at 30% for aggravated robbery,
a four-year sentence at 30% for attempted aggravated robbery, a twenty-four
year sentence at 100% for especially aggravated kidnapping, a ten-year
sentence at 100% for both counts of aggravated kidnapping, a four-year
sentence at 30% for kidnapping, and a four-year sentence at 30% for
attempted robbery. In this appeal, the defendant argues: (1) the evidence
is insufficient to support his convictions; and (2) the trial court
erred in sentencing. We determine that two of the defendant's convictions
should be merged and remand for entry of corrected judgments. In addition,
we remand for a new sentencing hearing on the defendant's conviction
for aggravated kidnapping. In all other respects, we affirm the judgments
of the trial court.
State vs. Donald Solomon - M2004-01264-CCA-R3-CD View
Franklin County - The defendant, Donald Solomon,
pled guilty to theft of property valued at $1,000, but less than $10,000,
a Class D felony. After conducting a sentencing hearing, the trial court
classified the defendant as a Range I, standard offender and sentenced
him to four years in the Department of Correction. The trial court ordered
the defendant to serve the sentence consecutive to a sentence in another
case for which the defendant was on probation at the time. In this direct
appeal, the defendant presents the single issue of whether the trial
court erred in sentencing. We affirm the judgment of the trial court.
State vs. Clarence Mabon - W2004-01180-CCA-R3-CD View
A Shelby County Criminal Court jury convicted the
defendant, Clarence Mabon, of two counts of aggravated robbery, a Class
B felony. The trial court merged the two offenses and sentenced him
as a Range I, standard offender to eight years in the Department of
Correction. On appeal, the defendant contends that the evidence is not
sufficient to support his conviction and that a fatal variance exists
between the indictment and the proof presented at trial. We affirm the
judgment of the trial court.
State vs. Anthony Shearer - W2004-01774-CCA-R3-CD View
An Obion County Circuit Court jury convicted the defendant,
Anthony Shearer, of possession with intent to deliver one-half gram or more
of cocaine, a Class B felony, and the trial court sentenced him to nine
years in the Department of Correction. The defendant appeals, claiming that
the evidence is insufficient and that his sentence is excessive. We affirm
the trial court.
State vs. Patrick Lamont Barker - M2004-02000-CCA-R3-CD View
Montgomery County - The Defendant, Patrick Lamont Barker,
pled guilty to two counts of the sale of .5 grams or more of a schedule
II controlled substance. The trial court sentenced him to eight years
on each conviction and ordered that the sentences run concurrently and
be served in community corrections. The Defendant violated the terms
of his community corrections sentence, and the trial court ordered the
Defendant to serve the remainder of his sentence in prison. The Defendant
now appeals. Finding no error in the judgment of the trial court, we
affirm the Defendant's sentence.
State vs. Ellis J. Burnett - M2001-01495-CCA-R3-CD View
Cannon County - The appellant, Ellis J. Burnett, was
convicted by a jury in the Cannon County Circuit Court of aggravated
arson. He received a sentence of twenty-three years incarceration in
the Tennessee Department of Correction. On appeal, the appellant challenges
the sufficiency of the evidence, the jury instructions, the prosecutor's
closing argument, the trial court's evidentiary rulings, and alleges
the ineffective assistance of counsel. Upon our review of the record
and the parties' briefs, we affirm the judgment of the trial court.
State vs. Dave Long - M2004-01721-CCA-R3-CD View
Sequatchie County - After entering a plea of guilty,
the Defendant, Dave Long, was convicted of one count of burglary, a
Class D felony. Pursuant to a plea agreement, the Defendant was to be
sentenced to six years as a Range II, multiple offender, with the trial
court to establish the manner of service. Following a sentencing hearing,
the trial court ordered the Defendant serve his entire sentence with
the Tennessee Department of Correction (TDOC). On appeal, the Defendant
argues that the trial court erred in denying him probation or other
alternative sentencing. We affirm the judgment of the trial court.
Jonathan Malcolm Malone vs. State - M2004-02826-CCA-R3-CO View
Rutherford County - The Defendant, Jonathan Malcolm
Malone, pled guilty to several offenses in two separate cases, the second
of which was for an offense committed while he was out on bail for the
first offenses. The trial court sentenced him to consecutive sentences,
and awarded pretrial jail credit towards the sentences in the first
case. The Defendant petitioned for the jail credit to be applied toward
the sentence in his second case, and the trial court denied his request.
The Defendant now appeals. Because we have concluded that the Tennessee
Rules of Appellate Procedure do not provide the Defendant a Rule 3 Appeal
as of Right, we dismiss the Defendant's appeal.
Kelvin Wade Cloyd vs. State - E2004-02283-CCA-R3-HC View
Johnson County - The petitioner, Kelvin Wade Cloyd,
appeals the Johnson County Criminal Court's summary dismissal of his
petition for habeas corpus relief. Following our review upon the record,
we vacate the order and remand for further proceedings.
State vs. Charles Drake - E2004-00247-CCA-R3-CD View
Knox County - The defendant, Charles Drake, stands
convicted of aggravated assault with a deadly weapon and DUI. For the
aggravated assault conviction, the trial court sentenced the defendant
to four years, split confinement with supervised probation after service
of six months' confinement. For the DUI conviction, the trial court
imposed a sentence of 11 months and 29 days with a release eligibility
at 75 percent. On appeal, the defendant asserts (1) that the evidence
is insufficient to support his conviction of aggravated assault; (2)
that the trial court committed reversible error in prohibiting the defense
from presenting to the jury an animation of the automobile collision
giving rise to the charges against the defendant; (3) that the trial
court committed reversible error in admitting the results of a blood
toxicology test; and (4) that his sentence is excessive. After thoroughly
reviewing the record and applicable authorities, we find sufficient
evidence to support the conviction, no error in the admission or exclusion
of evidence at trial, and appropriate sentencing. We, therefore, affirm
the convictions and sentences.
State vs. Courtney Means - W2004-01446-CCA-R3-CD View
Shelby County - The defendant, Courtney Means, was
convicted by a Shelby County Criminal Court jury of eight counts of
aggravated robbery, a Class B felony, based on three separate incidents
involving four victims. After merging the separate counts involving
the same victim, the trial court sentenced the defendant as a Range
I, standard offender to nine years for each of the remaining four convictions,
with two of the sentences to be served consecutively, for an effective
sentence of eighteen years in the Department of Correction. In this
timely appeal as of right, the defendant challenges both the trial court's
application of enhancement factors to increase his sentences beyond
the eight-year minimum for his range and its imposition of consecutive
sentencing. Following our review, we affirm the judgments of the trial
court.
Cases posted the week of 05/30/2005
State vs. Paul Dennis Reid, Jr. -
M2003-00539-CCA-R3-DD View
Davidson County - Defendant Paul Dennis Reid, Jr.,
was found guilty by a jury of three counts of premeditated murder, three
counts of felony murder, one count of attempted murder, and one count
of especially aggravated robbery. The felony murder convictions were
merged into the premeditated murder convictions. Thereafter, the jury
sentenced Defendant to death based upon the finding of four aggravating
circumstances: the defendant had previously been convicted of one or
more felonies, other than the present charge, the statutory elements
of which involve the use of violence to the person; the murders were
committed for the purpose of avoiding, interfering with or preventing
a lawful arrest or prosecution of defendant or another; the murder was
knowingly committed, solicited, directed or aided by the defendant,
while the defendant had a substantial role in committing or attempting
to commit, or was fleeing after having a substantial role in committing
or attempting to commit robbery; and the defendant committed "mass murder," which
was defined at the time of the commission of these offenses as the murder
of three or more persons within the State of Tennessee within a period
of forty-eight months, and perpetrated in a similar fashion in a common
scheme or plan. Tenn. Code Ann. § 39-13-204(i)(2), (6), (7), and
(12)(Supp. 1996). The trial court sentenced Defendant to 25 years imprisonment
for the attempted murder conviction and 25 years imprisonment for the
especially aggravated robbery conviction, to be served consecutively
to each other and to Defendant's other non-death sentences. On appeal,
Defendant presents forty-seven issues. We affirm Defendant's convictions
and sentences.
Edward Jerome Johnson vs. State - M2004-00922-CCA-R3-PC View
Davidson County - Petitioner, Edward Jerome Jones,
filed a pro se petition for post-conviction relief, as amended after
the appointment of counsel, arguing that he received ineffective assistance
of counsel in connection with the negotiation and entry of Petitioner's
best interest plea. Specifically, Petitioner alleges that his trial
counsel failed to advise him of the evidence against him or allow him
to listen to certain audio tapes, and that trial counsel failed to file
a motion to dismiss the charges against Petitioner. After a review of
the record in this matter, we affirm the trial court's dismissal of
Petitioner's petition for post-conviction relief.
State vs. Lucian Henry Marshall, III -
M2004-02442-CCA-R3-CD View
Sumner County - The appellant, Lucian Henry Marshall,
III, appeals the order of the Sumner County Criminal Court, signed by
appellant's counsel, agreeing to the disposition of money and his vehicle
which had been seized pursuant to a forfeiture warrant. Alleging he
was not properly informed of the procedure for recovering his seized
assets, the appellant asks us to void the agreed order. We affirm the
order of the trial court.
State vs. Robert Gene Mayfield - M2004-01539-CCA-R3-CD View
Montgomery County - The Appellant, Robert Gene Mayfield,
presents for review a certified question of law. See Tenn. R. Crim.
P. 37(b)(2)(i). Mayfield pled guilty to felony possession of over .5
grams of cocaine with the intent to sell and felony possession of over
one-half ounce of marijuana with the intent to sell. He was subsequently
sentenced to an effective eight-year sentence to be served on probation.
As a condition of his guilty plea, Mayfield explicitly reserved a certified
question of law challenging the denial of his motion to suppress evidence
found during the execution of a search warrant at his residence. Mayfield
argues that the affidavit given in support of the warrant was insufficient
to establish probable cause. After review of the record, we affirm the
judgment of the Montgomery County Circuit Court denying the motion to
suppress.
Richard Elliott vs. State - M2004-00853-CCA-R3-PC View
Montgomery County - On March 2, 2004, the Montgomery
County Circuit Court, after conducting an evidentiary hearing on the
claims presented, entered an order dismissing Richard L. Elliott's petition
for post-conviction relief. On March 5, 2004, Elliott filed an "Amended
Petition" alleging that because his post-conviction counsel failed to
raise a requested claim for relief at the evidentiary hearing, he was
entitled to a hearing on the omitted claim. Elliott's "Amended Petition" was
summarily dismissed by the post-conviction court. After review, we affirm
the trial court's dismissal of the amended petition for post-conviction
relief.
State vs. JoAnn White Pogue - M2004-00905-CCA-R3-CD View
Marshall County - The appellant, Joann White Pogue,
pled guilty in the Marshall County Circuit Court to five counts of delivery
of morphine and five counts of selling morphine, Class C felonies. The
trial court merged each delivery conviction into a conviction for selling
morphine and sentenced the appellant to an effective nine-year sentence
in the Department of Correction (DOC). On appeal, the appellant claims
the trial court improperly enhanced her sentences and improperly concluded
that she was not entitled to the presumption that she was a favorable
candidate for alternative sentencing. We agree that the trial court
improperly applied enhancement factors and that the appellant was entitled
to the presumption. Upon review of the record and the parties' briefs,
we conclude that the trial court erred in its sentencing determinations
and remand for resentencing.
State vs. Randall D.Bennett - M2004-02119-CCA-R3-CD View
Davidson County - The defendant, Randall D. Bennett,
appeals the revocation of his probation, arguing that the trial court
erred in revoking his probation based on the uncorroborated testimony
of the defendant's probation officer. Following our review, we affirm
the order of the trial court.
State vs. Clarence W. Carter - M2004-00757-CCA-R3-CD View
Davidson County - The Defendant, Clarence W. Carter,
was tried and convicted of one count of conspiracy to sell cocaine and
one count of possession of cocaine. He was sentenced as a Range II,
multiple offender to consecutive sentences of thirty-two years for the
conspiracy conviction and sixteen years for the possession conviction.
This Court affirmed the Defendant's convictions and sentences on direct
appeal. See State v. Clarence W. Carter, No. M2000-02230-CCA-R3-CD,
2002 WL 31370469 (Tenn. Crim. App., Nashville, Oct. 21, 2002). The Tennessee
Supreme Court granted review, and upheld the Defendant's convictions
and sentence on the possession conviction, but determined the trial
court committed error in sentencing the Defendant as a Range II offender
for his conspiracy conviction when he did not receive notice of intent
to seek enhanced punishment by the State in the superceding indictment
under which he was tried. See State v. Carter, 121 S.W.3d 579 (Tenn.
2003). Upon remand, the Defendant was re-sentenced on his conspiracy
conviction as a Range I, standard offender to twenty-five years imprisonment
to be served consecutively to his prior sentences. In this appeal the
Defendant raises two issues, claiming that upon re-sentencing the trial
court erred by: 1) imposing an excessive sentence for his conspiracy
conviction, and 2) imposing consecutive sentencing. We affirm the judgment
of the trial court.
LaBryant King vs. State - M2004-01371-CCA-R3-PC View
Montgomery County - The Defendant, LaBryant King, pled
guilty in 1998 to one count of selling over .5 grams of cocaine within
1,000 feet of a school, a Class A felony. The Defendant agreed to be
sentenced as a Range I offender to fifteen years. The Defendant subsequently
filed for post-conviction relief raising challenges to his indictment,
conviction and sentence. After a hearing the trial court denied relief,
and this appeal followed. We affirm the judgment of the trial court.
State vs. Larita Lyons - M2003-00699-CCA-R3-CD View
Davidson County - A Davidson County jury convicted
the Defendant, Larita Lyons, of robbery, and the trial court sentenced
her to serve five years in the workhouse. On appeal, the Defendant contends
that the evidence is insufficient to sustain her conviction. Finding
no reversible error, we affirm the judgment of the trial court.
State vs. Prentice C. Calloway - M2004-01118-CCA-R3-CD View
Davidson County - Defendant was indicted for carjacking
in count one; for theft of property over $10,000 but less than $60,000
in count two; for unlawful possession of a weapon in count three; for
felony possession of an unlawful weapon in count four; for evading arrest
while operating a motor vehicle in count five; for misdemeanor evading
arrest in count six; for resisting arrest in count seven; for driving
with a revoked license in count eight; and for criminal trespass in
count nine. Prior to trial, the State dismissed counts three, eight
and nine, and the remaining counts were renumbered accordingly. Following
a jury trial, Defendant was found guilty of the lesser included offense
of misdemeanor theft (as renumbered) in count one; guilty of Class C
felony theft of property in count two; not guilty of possession of an
unlawful weapon in count three; guilty of Class D felony evading arrest
in count four; guilty of misdemeanor evading arrest in count five; and
guilty of resisting arrest in count six. The trial court merged Defendant's
conviction for misdemeanor theft in count one into his conviction for
Class C felony theft of property in count two. The trial court sentenced
Defendant as a Range II multiple offender to ten years for the theft
conviction, eight years for the felony evading arrest conviction; eleven
months, twenty-nine days for the misdemeanor evading arrest conviction;
and eleven months, twenty-nine days for the resisting arrest conviction.
The trial court ordered all of Defendant's sentences to be served consecutively
for an effective sentence of 19 years, 10 months and fifty-eight days.
On appeal, Defendant argues (1) that the evidence is insufficient to
support his conviction for felony evading arrest in count four; (2)
that the trial court erred in not merging Defendant's convictions for
felony evading arrest and misdemeanor evading arrest in counts four
and five; (3) that the trial court erred in determining the length of
Defendant's sentences; and (4) that the trial court erred in ordering
the sentences to be served consecutively. Defendant does not challenge
the sufficiency of the evidence to support his felony theft or misdemeanor
resisting arrest convictions. After a thorough review of the record,
we modify Defendant's conviction for evading arrest from a Class D felony
to a Class E felony, and impose a sentence of four years. We merge Defendant's
misdemeanor evading arrest conviction with his Class E felony evading
arrest conviction. We affirm Defendant's conviction and sentence for
his Class C theft offense and his misdemeanor resisting arrest offense,
and the trial court's imposition of consecutive sentencing, for an effective
sentence, as modified, of fourteen years, eleven months and twenty-nine
days.
State vs. Bruce Warren Scarborogh - E2004-01332-CCA-R9-CD View
Knox County - The appellant, Bruce Warren Scarborough,
was charged in the Knox County Criminal Court with four counts of aggravated
rape. He filed a motion to suppress DNA evidence linking him to the
crimes, and the trial court denied the motion. From the trial court's
order, the appellant now brings this interlocutory appeal, arguing that
the DNA evidence was obtained in violation of his right to be free from
unreasonable searches and seizures as provided by the Fourth Amendment
to the United States Constitution and Article I, Section 7 of the Tennessee
Constitution. Upon review of the record and the parties' briefs, we
affirm the judgment of the trial court.
State vs. Tony Evans - W2004-01747-CCA-R3-CD View
Shelby County - The defendant, Tony Evans, pled guilty
to unlawful possession of .5 grams or more of cocaine with the intent
to sell. He was sentenced to six years in a community corrections program
but was later placed on probation. Thereafter, the trial court revoked
the defendant's probation and ordered him to serve the remainder of
his six-year sentence. On appeal, the defendant challenges the trial
court's revocation of his probation. Upon review, we affirm the judgment
of the trial court.
State vs. Lewis Christian - W2004-01688-CCA-R3-CD View
A Shelby County jury convicted the defendant, Lewis Christian, of voluntary
manslaughter. See Tenn. Code Ann. § 39-13-211(a) (2003). Accordingly,
the trial court sentenced the defendant to serve a ten-year incarcerative
sentence as a Range II multiple offender. Aggrieved of his conviction and
sentence, the defendant now brings this direct appeal. After thoroughly
reviewing the record and applicable law, we affirm the defendant's conviction
and sentence.
State vs. Thomas Dee Huskey - E2002-02317-CCA-R3-CD View
Knox County - The state has appealed the Knox County
Criminal Court's suppression of statements made to police by the defendant,
Thomas Dee Huskey, and of items found and seized from his home. The
state contends that (1) the trial court erred as a matter of law in
suppressing the statements and (2) the trial court erred in suppressing
the items found at the home (a) because the police arrested the defendant
in good faith reliance upon a capias which subsequently was declared
void and (b) because the defendant's father consented to a search of
the defendant's room. The defendant asserts that if the state's appeal
is successful, then he contends that the trial court erred in prior
rulings denying suppression of his statements and the items seized from
his home on other myriad grounds raised by the defendant. We affirm
the trial court.
Domingo Ponce v. State - M2004-02257-CCA-R3-CO View
Marshall County - The Petitioner, Domingo Ponce, filed
a petition for writ of error coram nobis, which the trial court summarily
dismissed. On appeal, the Petitioner contends that the trial court erred
when it dismissed his petition. Finding no reversible error, we affirm
the judgment of the trial court.
Michael Braxton v. State - M2004-00791-CCA-R3-PC View
Davidson County - The petitioner, Michael Braxton,
was convicted by a jury in the Davidson County Criminal Court of aggravated
rape and aggravated assault. He received a total effective sentence
of twenty-three years incarceration in the Tennessee Department of Correction.
Subsequently, the petitioner filed a petition for post-conviction relief,
which petition the post-conviction court summarily dismissed as being
untimely. The petitioner appeals the dismissal, arguing that his petition
was not barred by the statute of limitations. Upon our review of the
record and the parties' briefs, we reverse the judgment of the post-conviction
court and remand for a hearing on the timeliness of the petitioner's
petition.
Terry Lee Robinson v. State - M2004-00555-CCA-R3-PC View
Davidson County - The petitioner, Terry Lee Robinson,
was convicted in the Davidson County Criminal Court of first degree
murder and received a life sentence. Following an unsuccessful appeal
of his conviction, the petitioner filed a petition for post-conviction
relief, alleging ineffective assistance of counsel at trial. The petitioner
now brings this appeal challenging the post-conviction court's denial
of his petition. After reviewing the record and the parties' briefs,
we affirm the judgment of the post-conviction court.
Frank Robert Bigsby v. State -
M2004-01383-CCA-R3 View
Rutherford County - The petitioner was convicted of
possession of twenty-six (26) grams or more of cocaine with intent to
deliver. He appealed this conviction. We affirmed his conviction in
State v. Bigsby, 40 S.W.3d 87 (Tenn. Crim. App. 2000). The petitioner
then filed a petition for post-conviction relief. The trial court denied
the petitioner's petition. On appeal, we remanded the petition for the
trial court to enter findings of fact. Frank Robert Bigsby v. State,
No. M2002-02260-CCA-R3-PC, 2003 WL 22927139 (Tenn. Crim. App., at Nashville,
Dec. 11, 2003). The trial court entered its findings, and we now address
the appeal on the merits. The petitioner's sole issue in his appeal
from the trial court's denial of his post-conviction petition is that
he was offered ineffective assistance of counsel. We have reviewed the
record in this case and conclude that the trial court's denial of the
petitioner's petition was proper. Therefore, we affirm the trial court's
decision.
Andrew Charles Helton v. State - M2004-01015-CCA-R3-PC View
Davidson County - Petitioner, Andrew Charles Helton,
filed a pro se petition for post-conviction relief, which was amended
after appointment of counsel. Following an evidentiary hearing, the
trial court dismissed the petition. On appeal, Petitioner argues (1)
that the prosecutor misrepresented to the jury during closing argument
evidence concerning the 911 tape; (2) that the prosecutor improperly
pointed the murder weapon at the jury during closing argument; (3) that
his trial counsel was ineffective for failing to object to the prosecutorial
misconduct which occurred during closing argument; and (4) that his
trial counsel provided ineffective assistance when he objected to the
jury's request during deliberations to review the tape of a neighbor's
call to the 911 operator on the night of the shootings. After a thorough
review of the record, we affirm the judgment of the post-conviction
court.
Kenneth Strickland v. State - M2004-02295-CCA-R3-PC View
Rutherford County - The Defendant, Kenneth Strickland,
was convicted by a jury of possession of .5 grams or more of cocaine
with the intent to sell or deliver, and sentenced to twelve years in
the Department of Correction. The judgment against the Defendant was
affirmed on direct appeal. See State v. Kenneth Strickland, No. M2002-00543-CCA-R3-CD,
2003 WL 21997739 (Tenn. Crim. App., Nashville, Aug. 22, 2003). The Defendant
subsequently filed for post-conviction relief claiming that he had been
denied the effective assistance of counsel at trial. After an evidentiary
hearing the trial court denied relief and this appeal followed. We affirm
the judgment of the trial court.
State vs. Robert Williams - W2004-01686-CCA-R3-CD View
Shelby County - The defendant, Robert Williams, was
convicted by a Shelby County Criminal Court jury of aggravated burglary,
a Class C felony, and sentenced by the trial court as a career offender
to fifteen years in the Department of Correction. The sole issue he
raises on appeal is whether the circumstantial evidence presented in
his case was sufficient to support his conviction. Following our review,
we affirm the judgment of the trial court.
State vs. Candice Workman -
W2004-01939-CCA-R3-CD View
Shelby County - The defendant, Candice Workman, pled
guilty in the Shelby County Criminal Court to soliciting the sale of
less than one-half gram of cocaine, a Class E felony. The trial court
sentenced her to one year in the workhouse to be served on probation
and fined her $2000.00. On appeal, the defendant contends that the trial
court erred by denying her request for judicial diversion. We affirm
the trial court but remand the case for correction of a clerical error
on the judgment of conviction.
State vs. William Ferris - W2003-01317-CCA-R3-CD View
Shelby County - The defendant, William Ferris, was
convicted by a Shelby County Criminal Court jury of two counts of especially
aggravated kidnapping, a Class A felony; two counts of aggravated burglary,
a Class C felony; and one count of aggravated robbery, a Class B felony.
The trial court sentenced him as a violent offender to twenty-five years
for each of the especially aggravated kidnapping convictions and as
a Range II, multiple offender to ten years for the aggravated burglary
convictions and twenty years for the aggravated robbery conviction.
The court merged the two counts of especially aggravated kidnapping
and the two counts of aggravated burglary and ordered that the kidnapping,
burglary, and robbery sentences be served consecutively to each other
for an effective sentence of twenty-five years in the Department of
Correction. The defendant raises essentially three issues on appeal:
(1) whether the evidence is sufficient to sustain his convictions; (2)
whether the trial court erred by not declaring a mistrial sua sponte
upon admission of testimony about the defendant's pending indictment
for attempted second degree murder; and (3) whether the trial court
erred in ordering consecutive sentencing. Following our review, we affirm
the judgments of the trial court.
State vs. Johnny Tyus - W2004-02028-CCA-R3-PC View
Tipton County - The petitioner appeals the denial of
his petition for post-conviction relief from his conviction for delivery
of .5 grams or more of a Schedule II controlled substance, cocaine,
arguing that the post-conviction court erred in finding he received
effective assistance of trial counsel. Following our review, we affirm
the denial of the petition.
Thomas Eugene Graham vs. State - E2004-02958-CCA-R3-PC View
Hamilton County - The pro se petitioner, Thomas Eugene
Graham, appeals from the trial court's order denying the petitioner's
motion to reopen his post-conviction petition. The states moves the
court to affirm the judgment of the trial court pursuant to Rule 20
of this court's rules. The motion was properly denied for lack of merit.
Accordingly, the state's motion is granted and the judgment of the trial
court is affirmed.
Cases posted the week of 05/23/2005
William L. Smith vs. State - E2004-01800-CCA-R3-HC View
Bledsoe County - The petitioner, William L. Smith,
appeals the denial of his petition for writ of habeas corpus. Because
the petitioner's sentence for rape of a child is illegal, the judgment
of the habeas corpus court is reversed, relief is granted, and the cause
is remanded to the Bledsoe County Circuit Court for transfer to the
Hamilton County Criminal Court for appropriate remedial action.
State vs. Jeffery Hayes - M2004-00726-CCA-R3-CD View
Montgomery County - The defendant, Jeffery Hayes, entered
an open guilty plea to one count of the sale of less than .5 grams of
cocaine, a Class C felony, two counts of the sale of more than .5 grams
of cocaine, Class B felonies, and one count of possession with intent
to sell more than .5 grams of cocaine, a Class B felony. He was sentenced
to an effective sentence of ten years as a Range I standard offender.
On appeal, he argues that the trial court erred in imposing an excessive
sentence and denying alternative sentencing. Following our review, we
affirm the judgment of the trial court.
Jeremy S. Crosby vs. State - M2005-00153-CCA-R3-HC View
Hickman County - The Defendant, Jeremy S. Crosby,
appeals from the trial court's dismissal of his petition seeking habeas
corpus relief. The State has filed a motion requesting that this Court
affirm the trial court's denial of relief pursuant to Rule 20, Rules
of the Court of Criminal Appeals. The State's motion is granted. The
judgment of the trial court is affirmed.
State vs. Rycine Ellison & Mandrell Christmon -
M2004-00446-CCA-R3-CD View
Davidson County - The appellants, Rycine Ellison and
Mandrell Christmon, appeal on a certified question of law after their
guilty pleas. On appeal, they challenge the trial court's denial of
their motions to suppress. For the following reasons, we affirm the
judgment of the trial court.
State vs. Joseph Angel Silva, III - M2003-03063-CCA-R3-CD View
Bedford County - On July 21, 2003, the Grand Jury for
Bedford County returned an indictment against the defendant charging
him with one count of aggravated rape. After a jury trial, the defendant
was convicted as charged on October 1, 2003 and sentenced on October
27, 2003, to twenty-two (22) years in the Department of Correction.
The defendant now appeals this conviction. He argues that (1) the trial
court erred in denying the Defendant's motion for a new trial where
there is evidence that a juror failed to disclose to the trial court
after voir dire that she had had a conversation with the Defendant's
brother and knows the brother personally; and (2) that the State violated
Jencks v. United States, 353 U.S. 657 (1957), and Brady v. Maryland,
373 U.S. 83 (1963), by failing to disclose evidence of the victim's
pretrial statement which contained exculpatory information. We conclude
that these issues are without merit and affirm the judgment of the trial
court.
Harold Wayne Shaw vs. State - M2003-02842-CCA-R3-PC View
Davidson County - The petitioner, Harold Wayne Shaw,
was convicted by a jury of second degree murder and aggravated kidnapping
in 1996. On direct appeal, this Court affirmed the petitioner's conviction,
but remanded the case to the trial court for resentencing. See State
v. Harold Wayne Shaw, No. 01C01-9707-CR-00259, 1998 WL 731573 (Tenn.
Crim. App, at Nashville, Oct. 21, 1998), perm. app. denied (Tenn. 1999).
On remand, the petitioner was resentenced. The petitioner appealed,
challenging his sentence for the second time, and this Court affirmed
the judgment of the trial court. See State v. Harold Wayne Shaw, No.
M1999-01119-R3-CD, 2000 WL 1606585 (Tenn. Crim. App., at Nashville,
Oct. 27, 2000), perm. app. denied, (Tenn. 2001). The petitioner filed
a timely petition for post-conviction relief alleging ineffective assistance
of counsel in various ways. After a hearing, the post-conviction court
denied the petition for post-conviction relief. On appeal, the petitioner
challenges the post-conviction court's dismissal of the petition. For
the following reasons, we affirm the judgment of the post-conviction
court.
State vs. William Vanblaricum - M2004-01530-CCA-R3-CD View
Franklin County - The defendant, William Vanblaricum,
was convicted by a Franklin County Circuit Court jury of driving under
the influence of an intoxicant (DUI), a Class A misdemeanor. The trial
court imposed a sentence of eleven months, twenty-nine days, with probation
after thirty days in jail and one hundred hours of community service.
The trial court also ordered the defendant to pay a fine of $350.00.
On appeal, the defendant contends that the evidence is insufficient
to support his conviction and that his sentence is excessive. We affirm
the judgment of the trial court.
State vs. Algernon Cross - M2004-01930-CCA-R3-CD View
Davidson County - A jury convicted the Defendant, Algernon
Cross, of one count of facilitation of possession with the intent to
sell .5 grams or more of a schedule II controlled substance and one
count of unlawful possession of a handgun by a convicted felon. The
trial court sentenced the Defendant to an effective sentence of fourteen
years. The Defendant appeals, contending that: (1) the evidence is insufficient
to sustain his convictions; (2) the trial court erred on two of its
evidentiary rulings; and (3) the trial court erred when it sentenced
him. Finding no reversible error, we affirm the judgments of the trial
court.
State vs. Willie Bob King - M2004-00548-CCA-R3-CD View
Warren County - The Defendant was convicted by jury
verdict of two counts of aggravated burglary, two counts of aggravated
assault, and misdemeanor resisting arrest. The trial court sentenced
the Defendant as a Range II offender to ten years for each felony conviction
and six months for the misdemeanor conviction, with the first three
felony conviction sentences to be served consecutively and the remaining
sentences to be served concurrently, resulting in an effective sentence
of thirty years. On appeal, the Defendant raises four issues: 1) the
evidence was insufficient to support his two aggravated burglary convictions
and one aggravated assault conviction; 2) the trial court erred in failing
to allow the defense to impeach the testimony of one of the State's
witnesses by means of a prior juvenile conviction; 3) the trial court
erred in imposing excessive sentences in violation of Blakely v. Washington,
542 U.S. ___, 124 S.Ct. 2531 (2004); and 4) the trial court erred in
imposing consecutive sentences. We affirm the judgments of the trial
court.
State vs. William L. Miller - M2004-01730-CCA-R3-CD View
Montgomery County - A Montgomery County jury convicted
the defendant, William L. Miller, of possession with intent to sell
over 0.5 grams of cocaine, simple possession of marijuana, possession
of drug paraphernalia, evading arrest, assault, resisting arrest, and
driving on a revoked driver's license. The trial court ordered the defendant
to serve an effective sentence of eight years, with six days in the
county jail and the remainder to be served in Community Corrections.
On appeal, the defendant contends that the evidence was insufficient
to support his convictions for possession with intent to sell over 0.5
grams of cocaine and assault. After reviewing the record and applicable
law, we affirm the judgment of the trial court.
Reginald Thomas vs. State - M2004-00557-CCA-R3-PC View
Davidson County - A Montgomery County jury convicted
the defendant, William L. Miller, of possession with intent to sell
over 0.5 grams of cocaine, simple possession of marijuana, possession
of drug paraphernalia, evading arrest, assault, resisting arrest, and
driving on a revoked driver's license. The trial court ordered the defendant
to serve an effective sentence of eight years, with six days in the
county jail and the remainder to be served in Community Corrections.
On appeal, the defendant contends that the evidence was insufficient
to support his convictions for possession with intent to sell over 0.5
grams of cocaine and assault. After reviewing the record and applicable
law, we affirm the judgment of the trial court.
Larry W. Clark vs. Ricky Bell, Warden -
M2005-00285-CCA-R3-HC View
Davidson County - The Petitioner, Larry W. Clark, appeals
from the dismissal of his petition for the writ of habeas corpus. The
State has filed a motion requesting that the Court affirm the trial
court's denial of relief pursuant to Rule 20, Rules of the Court of
Criminal Appeals. We find the State's motion has merit. Accordingly,
the motion is granted and the judgment of the trial court is affirmed
pursuant to Rule 20, Rules of the Court of Criminal Appeals.
State vs. Tyrone Chalmers - W2003-02759-CCA-R3-PC View
Shelby County - The Petitioner, Tyrone Chalmers, appeals
the trial court's denial of his petition for post-conviction relief.
The State has filed a motion requesting that this Court affirm the trial
court's denial of relief pursuant to Rule 20, Rules of the Court of
Criminal Appeals. Because the petition for post-conviction relief is
time-barred by the statute of limitations, we grant the State's motion
and affirm the judgment of the lower court.
State vs. Jonathan Harris - W2004-00243-CCA-R3-CD View
Lauderdale County - The defendant, Jonathan Harris,
was convicted by jury of attempted second degree murder, a Class B felony;
voluntary manslaughter, a Class C felony; and theft of property valued
between $10,000 and $60,000, a Class C felony. The trial court sentenced
the defendant as a Range I, standard offender to twelve years for the
attempted second degree murder conviction, six years for the voluntary
manslaughter conviction, and five years for the theft of property conviction.
The trial court ordered the sentences to run consecutively for an effective
sentence of twenty-three years. On appeal, the defendant argues: (1)
the trial court erred in not suppressing the defendant's statements
and journal; (2) the evidence was insufficient to support his convictions;
(3) and the trial court erred in imposing an excessive sentence. Following
our review, we affirm the judgments of the trial court.
State vs. Kelvin Howard - W2004-01123-CCA-R3-PC View
Tipton County - The petitioner, Kelvin Lee Howard,
appeals from the post-conviction court's denial of post-conviction relief.
On appeal, he contends that he received the ineffective assistance of
counsel which caused him to enter unknowing and involuntary guilty pleas.
Following our review, we affirm the judgment of the post-conviction
court denying post-conviction relief.
State vs. Christopher Robertson - W2004-02423-CCA-R3-HC View
Hardeman County - The Petitioner, Christopher Robertson,
appeals the trial court's denial of his petition for habeas corpus relief.
The State has filed a motion requesting that this Court affirm the trial
court's denial of relief pursuant to Rule 20, Rules of the Court of
Criminal Appeals. The Petitioner has failed to file a timely notice
of appeal document. This Court finds that justice does not require waiver.
Accordingly, the above-captioned appeal is dismissed.
State vs. Joseph Tims - W2004-02967-CCA-R3-HC View
Lake County - The Petitioner, Joseph L. Tims, appeals
the trial court's denial of his petition for habeas corpus relief. The
State has filed a motion requesting that this Court affirm the trial
court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The
State's motion is granted. The judgment of the trial court is affirmed.
State vs. James Yates - W2004-01746-CCA-R3-HC View
Shelby County - The Petitioner, James Eugene Yates,
appeals the trial court's denial of his petition for habeas corpus relief.
The State has filed a motion requesting that this Court affirm the trial
court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The
State's motion is granted. The judgment of the trial court is affirmed.
State vs. Reginald Almo - W2003-02559-CCA-R3-PC View
Shelby County - The Petitioner, Reginald Almo, appeals
the trial court's denial of his petition for habeas corpus relief. The
State has filed a motion requesting that this Court affirm the trial
court's denial of relief pursuant to Rule 20, Rules of the Court of
Criminal Appeals. Because the petition fails to grant a cognizable claim
for habeas corpus relief, we grant the State's motion and affirm the
judgment of the lower court.
State vs. Eric Amos - W2004-01579-CCA-R3-HC View
Shelby County - The Petitioner, Eric Amos, appeals
the trial court's denial of his petition for habeas corpus relief. The
State has filed a motion requesting that this Court affirm the trial
court's denial of relief pursuant to Rule 20, Rules of the Court of
Criminal Appeals. The Petitioner has failed to allege any ground that
would render the judgment of conviction void. Accordingly, we grant
the State's motion and affirm the judgment of the lower court.
State vs. Michael Bell - W2004-02991-CCA-R3-HC View
Lake County - The Petitioner, Michael Bell, appeals
the trial court's denial of his petition for habeas corpus relief. The
State has filed a motion requesting that this Court affirm the trial
court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The
State's motion is granted. The judgment of the trial court is affirmed.
State vs. Lewis Grimes - W2004-02897-CCA-R3-PC View
Shelby County - The Petitioner, Lewis A. Grimes, appeals
the lower court's denial of his petition for post-conviction relief.
The State has filed a motion requesting that this Court affirm the trial
court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The
petition was filed outside the applicable statute of limitation and
is, therefore, time-barred. Accordingly, we affirm the trial court's
dismissal.
State vs. Kelvin Hooks - W2004-02238-CCA-R3-PC View
Shelby County - This matter is before the Court upon
the motion of appointed counsel seeking permission to withdraw from
further representation of the Appellant in the above-captioned appeal
pursuant to Rule 22, Rules of the Tennessee Court of Criminal Appeals.
Counsel claims that there are no meritorious issues available for appellate
review. Counsel has complied with the procedural requirements of Rule
22, Rules of the Tennessee Court of Criminal Appeals. The Petitioner,
Kelvin Hooks, has failed to submit a responsive brief pursuant to Rule
22(E), Rules of the Tennessee Court of Criminal Appeals. After careful
review of the motion, the accompanying Anders brief, and the appellate
record, including the transcripts of the post-conviction evidentiary
hearing, we agree with counsel's assertion that the appeal has no merit
and is, accordingly, frivolous within the meaning of Rule 22, Rules
of the Tennessee Court of Criminal Appeals. Counsel's motion to withdraw
is granted and the judgment of the trial court is affirmed pursuant
to Rule 20, Rules of the Tennessee Court of Criminal Appeals.
State vs. Miqwon Leach - W2004-02336-CCA-R3-HC View
Lauderdale County - The Petitioner, Miqwon Leach, appeals
the trial court's dismissal of his petition seeking habeas corpus relief.
The State has filed a motion requesting that this Court affirm the trial
court's denial of relief pursuant to Rule 20, Rules of the Court of
Criminal Appeals. Because the Petitioner has failed to allege aground
for relief which would render the judgment void, we grant the State's
motion and affirm the judgment of the lower court.
William Brown vs. State - M2004-01898-CCA-R3-PC View
Williamson County - The petitioner, William Brown,
appeals the trial court's denial of his petition for post-conviction
relief. The single issue presented for review is whether the petitioner
was denied the effective assistance of counsel. After reviewing the
record, we affirm the dismissal of the petition for post-conviction
relief.
Antonio Bledsoe vs. State - M2004-01132-CCA-R3-PC View
Davidson County - The Appellant, Antonio Dewayne Bledsoe,
appeals the denial of his petition for post-conviction relief by the
Davidson County Criminal Court. On appeal, Bledsoe contends that he
was denied the effective assistance of counsel and, as a result, his
nolo contendere plea was not knowingly and voluntarily entered. After
review, we affirm the denial of the petition.
State vs. Gloria Stovall - M2004-01401-CCA-R3-CD View
Franklin County - The defendant appeals the trial court's
revocation of her probation based upon a new law violation, to wit:
introduction of contraband into a penal facility. Specifically, she
contends that: (1) no proof was presented that Soma is a controlled
substance or legend drug; (2) the trial court improperly took judicial
notice that Soma is a controlled substance; (3) no proof was presented
of unlawful intent; and (4) the revocation order does not properly state
the evidence relied upon and reason for revoking probation. Upon our
review, we conclude that there was substantial evidence to support the
finding of a new law violation; we affirm the judgments of the trial
court.
State vs. Russell L. Tipton - M2003-03030-CCA-R9-CO View
Franklin County - The defendant challenges the District
Attorney General's denial of pretrial diversion pursuant to Tennessee
Rule of Appellate Procedure 9. Specifically, he avers that the District
Attorney General abused his discretion and failed to consider all relevant
factors. Upon careful consideration, we reverse the judgment of the
trial court and remand for the District Attorney General's further consideration
of all applicable factors, discussion of the evidence supporting those
factors, and an explanation of the weight accorded to each.
State vs. Joseph Larue Davis - E2004-01265-CCA-R3-CD View
Cocke County - The appellant, Joseph Larue Davis, pled
guilty in the Cocke County Circuit Court to aggravated burglary and
theft of property over $1,000. Pursuant to the plea agreement, the appellant
received concurrent four-year sentences with the manner of service to
be determined by the trial court. After a sentencing hearing, the trial
court ordered the appellant to serve his sentences in confinement. On
appeal, the appellant claims the trial court improperly enhanced his
sentences and erred by refusing to grant his request for alternative
sentencing. Upon review of the record and the parties' briefs, we affirm
the judgments of the trial court.
State vs. Terry Edward Jones - E2004-01300-CCA-R3-CD
- View
Sullivan County - Terry Edward Jones pleaded guilty
to solicitation of first degree murder, for which he received an eight-year
incarcerative sentence. Aggrieved of the trial court's failure to grant
his request for alternative sentencing, he brings the instant appeal
challenging his manner of service. After a thorough review of the record
and applicable law, we affirm the judgment of the trial court.
Kenya Davis vs. State - E2004-02053-CCA-R3-HC View
Knox County - The petitioner, Kenya Davis, appeals
from the trial court's order dismissing his petition for writ of habeas
corpus. The state has filed a motion requesting that this court affirm
the trial court's denial of relief pursuant to Rule 20 of the Rules
of the Court of Criminal Appeals. The petitioner has failed to establish
that he is entitled to habeas corpus relief. Accordingly, the state's
motion is granted and the judgment of the trial court is affirmed.
Howard Duty, Jr. vs. State - E2004-00897-CCA-R3-PC View
Sullivan County - The petitioner, Howard Duty, Jr.,
appeals from the post-conviction court's denial of post-conviction relief.
On appeal, he contends that the post-conviction court erred in finding
that he received the effective assistance of counsel. Following our
review, we affirm the denial of post-conviction relief.
State vs. Raymond Bailey - W2004-00512-CCA-R3-CD View
Shelby County - The Appellant, Raymond Bailey, was
convicted by a Shelby County jury of especially aggravated kidnapping
and carjacking. Following a sentencing hearing, Bailey was sentenced
to consecutive sentences of twenty-eight years for especially aggravated
kidnapping and twelve years for carjacking. On appeal, Bailey raises
the following issues: (1) whether the evidence was sufficient to support
the verdicts; (2) whether the trial court erred in allowing the introduction
of undisclosed evidence; (3) whether the trial court erred in allowing
the State to present evidence of his drug possession at the time of
his arrest; (4) whether Bailey's sentences violate Blakely v. Washington;
and (5) whether the cumulative errors require a new trial. After review
of the record, we conclude that issues (1), (2), (4), and (5) are without
merit. With regard to issue (3), we conclude that the trial court erred
in admitting the evidence but conclude that the error was harmless.
Accordingly, the judgment of the trial court is affirmed.
State vs. Korie Bates - W2004-00686-CCA-R3-CD View
Shelby County - The defendant appeals his convictions
for attempted second-degree murder and aggravated robbery. Specifically,
he avers that, (1) the evidence was insufficient to support the verdicts;
(2) the State's failure to disclose the statement of an unindicted co-conspirator
constitutes a Brady violation and entitles him to a new trial; (3) the
sentence was issued in error, in light of Blakely v. Washington; and
(4) the cumulative effect of all errors merits a new trial. Following
our review, we affirm the convictions and the sentences imposed.
State vs. James Breer - W2004-01017-CCA-R3-PC View
Henry County - The Appellant, James C. Breer, appeals
the Henry County Circuit Court's dismissal of his petition for post-conviction
relief. On appeal, Breer argues that trial counsel was ineffective for
(1) failing to investigate and prepare for trial, and (2) failing to
advise him of his right to testify at trial in violation of Momon v.
State, 18 S.W.3d 152 (Tenn. 1999). After review, we conclude that issue
(1) is without merit. However, with regard to issue (2), we conclude
that the record does not support the trial court's finding that Breer
personally waived his right to testify as required by Momon. Moreover,
because the procedural guidelines adopted in Momon for determining whether
the error was harmless were not followed, we find it necessary to remand
for resolution of this issue.
State vs. Syrus Coleman - W2004-01674-CCA-R3-CD View
Dyer County - The defendant, Henry Ford Williams, Jr.,
entered a plea of guilt to the unlawful possession of a firearm. Tried
by a jury on a charge of possession of .57 grams of cocaine with intent
to sell within one thousand feet of a school and simple possession of
cocaine, the defendant was convicted on each count. The trial court
merged the two illegal drug convictions. Concurrent sentences of three
years for the firearm conviction and thirty-two years, six months, for
the cocaine conviction were imposed upon the defendant. The single issue
presented for review is whether the evidence was sufficient. The judgments
are affirmed.
State vs. Ervin Davis - W2004-01985-CCA-R3-HC View
Hardeman County - The petitioner appeals from the trial
court's summary dismissal of his pro se petition for writ of habeas
corpus. Following our review, we affirm the trial court's judgment.
State vs. Collier Harris - W2004-01625-CCA-R3-PC View
Shelby County - The petitioner appeals from the
post-conviction court's denial of post-conviction relief. On appeal,
he contends that he received the ineffective assistance of counsel when
his trial counsel failed to properly investigate and prepare his case
for trial. Following our review, we affirm the judgment of the post-conviction
court denying post-conviction relief.
State vs. Johnny Maxwell - W2004-00466-CCA-R3-CD View
Shelby County - A Shelby County Criminal Court jury
convicted the defendant, Johnny Maxwell, of five counts of especially
aggravated kidnapping, a Class A felony, and one count of aggravated
robbery, a Class B felony. The trial court sentenced the defendant as
a Range I, standard offender to concurrent terms of twenty-four years
for each especially aggravated kidnapping conviction, to be served at
one hundred percent, and to eleven years for the aggravated robbery
conviction, to be served consecutively to the other sentences for an
effective sentence of thirty-five years. On appeal, the defendant contends
that (1) his especially aggravated kidnapping convictions cannot stand
under State v. Anthony, 817 S.W.2d 299 (Tenn. 1991), because the victims'
detention was incidental to the aggravated robbery; (2) the trial court
improperly commented on the evidence during the jury instructions; and
(3) his sentences are improper in light of Blakely v. Washington, 542
U.S. __, 124 S. Ct. 2531 (2004). We affirm the judgments of the trial
court.
State vs. Jerry Sandridge - W2004-01199-CCA-R3-CD View
Lauderdale County - The defendant, Jerry L. Sandridge,
was convicted by a jury of two counts of aggravated robbery. On direct
appeal, this Court modified one of the convictions to aggravated assault
and remanded for re-sentencing. State v. Franklin, 130 S.W.3d 789 (Tenn.
Crim. App. 2003). At a subsequent sentencing hearing, the trial court
sentenced the defendant as a career offender to fifteen years in the
Department of Correction. In this appeal, the defendant presents the
single issue of whether the trial court properly classified him as a
career offender. We affirm the judgment of the trial court.
State vs. Henry Ford Williams, Jr. - M2003-00515-CCA-R3-CD View
Robertson County - The defendant, Henry Ford Williams,
Jr., entered a plea of guilt to the unlawful possession of a firearm.
Tried by a jury on a charge of possession of .57 grams of cocaine with
intent to sell within one thousand feet of a school and simple possession
of cocaine, the defendant was convicted on each count. The trial court
merged the two illegal drug convictions. Concurrent sentences of three
years for the firearm conviction and thirty-two years, six months, for
the cocaine conviction were imposed upon the defendant. The single issue
presented for review is whether the evidence was sufficient. The judgments
are affirmed.
Matthew Melton Jackson vs. State -
M2004-01342-CCA-R3-PC View
Robertson County - The petitioner, Matthew Melton Jackson,
appeals as of right the dismissal of his petition for post-conviction
relief by the Robertson County Circuit Court. He seeks relief from his
convictions for two counts of aggravated rape, one count of aggravated
kidnapping, one count of aggravated robbery, and effective sentence
of twenty-five years. The petitioner contends that he received the ineffective
assistance of counsel and that his guilty pleas were not voluntary or
knowing. We affirm the judgment of the trial court.
State vs. Joseph D. Taylor - M2004-01606-CCA-R3-CD View
Marshall County - The appellant, Joseph D. Taylor,
was convicted of attempted rape, attempted sexual battery, and aggravated
kidnapping. After a sentencing hearing, the appellant was sentenced
as a career offender to fifteen (15) years for attempted rape, eleven
(11) months and twenty-nine (29) days for attempted sexual battery,
and twelve (12) years as a violent offender for aggravated kidnapping.
On direct appeal, this Court affirmed the conviction for attempted rape
and reversed the other two convictions. See State v. Taylor, 63 S.W.3d
400 (Tenn. Crim. App. 2001). The appellant filed a petition for post-conviction
relief, which was denied by the trial court after a hearing. On appeal,
this Court set aside the appellant's sentence for attempted rape because
he was improperly sentenced as a career offender. See Joseph D. Taylor
v. State, No. M2003-00138-CCA-R3-PC, 2004 WL 350641, at *11 (Tenn. Crim.
App., at Nashville, Feb. 20, 2004). On remand, the trial court sentenced
the appellant to fifteen (15) years as a Range III offender. A timely
notice of appeal was filed. The appellant challenges his sentence, arguing
that his sentence violates Blakely v. Washington, 542 U.S. ___, 124
S. Ct. 2531 (2004), because the trial court improperly applied enhancement
factors that were not admitted by the appellant or determined by a jury.
After a review of the record, we affirm the judgment of the trial court
pursuant to Court of Criminal Appeals Rule 20.
State vs. Johnny Eugene Stubblefield -
M2004-01537-CCA-R3-CD View
Lewis County - Following a jury trial, the defendant
was found guilty of two counts of sale of a Schedule III controlled
substance (Lortab), a Class D felony, and sentenced as a Range I, standard
offender, to concurrent four-year sentences. He appeals to this Court
contending that: (1) the evidence presented was insufficient to show
that the defendant acted knowingly; (2) the evidence presented was insufficient
to show that the transaction constituted a sale; (3) the trial court
erred in finding that the dispensing of prescription drugs creates a
high risk of harm to human life; and (4) the trial court erred in denying
alternative sentencing. Following our review, we affirm the defendant's
convictions and sentences.
State vs. Otis Miller, III - M2004-00707-CCA-R3-CD View
Davidson County - The appellant, Otis Miller, III,
pled guilty to four (4) counts of aggravated sexual battery. As a result
of the guilty plea, the trial court sentenced the appellant to ten (10)
years on each conviction and ordered the first two counts to be served
concurrently and the last two counts to be served concurrently. The
trial court ordered that the first two counts be served consecutively
to the remaining two counts, for an effective sentence of twenty (20)
years. On appeal, the appellant challenges the trial court's application
of certain enhancement factors in violation of Blakely v. Washington,
542 U.S. ___, 124 S. Ct. 2531 (2004), and the trial court's decision
to order consecutive sentences. Because our supreme court recently determined
that Blakely has no application in Tennessee, we have reviewed the appellant's
sentence de novo. Despite the trial court's improper application of
several enhancement factors, we affirm the appellant's sentence because
we determine that the existence of enhancement factor (16) justifies
enhancement of the sentence from eight (8) to ten (10) years. We also
affirm the trial court's decision to order consecutive sentences.
Cases posted the week of 05/16/2005
State vs. Bud Cash, Jr. - E2004-02647-CCA-R3-CD View
Bradley County - The Defendant, Bud Cash, Jr., was
indicted on sixteen counts of possession of a handgun by a convicted
felon, and three counts of possession of an altered serial number weapon.
After the statute of limitations had expired, the State filed two subsequent
superceding indictments. The trial court dismissed all three indictments,
holding that the original indictment was insufficient to provide the
Defendant notice of the charges and insufficient to protect the Defendant
from double jeopardy, and that the subsequent indictments were untimely
filed. The State appeals, contending that the trial court erred when
it dismissed the indictments. We agree with the State, and, accordingly,
we reverse the judgments of the trial court.
State vs. Douglas F. Jordan, Jr. - E2003-02159-CCA-R3-CD View
Blount County - The defendant, Douglas F. Jordan, Jr.,
was convicted of second degree murder and ordered to serve twenty-three
years in the Department of Correction. In this appeal of right, the
defendant contends that the evidence was insufficient, that the trial
court committed certain evidentiary errors, that the trial court erred
by denying his motion for continuance, and that the sentence was excessive.
The judgment of the trial court is affirmed.
State vs. Steve Brian Hannah - E2004-00583-CCA-R3-CD View
Blount County - The appellant, Steve Brian Hannah,
pled guilty in the Blount County Circuit Court to one count of theft
of property over $10,000, three counts of theft of property over $1,000,
and one count of possession of marijuana with intent to resell. Pursuant
to the plea agreement, the appellant received an effective five-year
sentence with the manner of service to be determined by the trial court.
After a sentencing hearing, the trial court ordered the appellant to
serve one year in confinement and the remainder of his sentence on community
corrections. On appeal, the appellant claims the trial court erred by
refusing to grant his request for full probation. Upon review of the
record and the parties' briefs, we affirm the judgments of the trial
court but remand for entry of corrected judgments as to the thefts.
State vs. Milta Blanchard - W2004-01801-CCA-R3-HC View
Shelby County - The petitioner, Milta D. Blanchard,
appeals the Shelby County Criminal Court's denial of habeas corpus relief
and claims that his 1992 conviction of reckless endangerment is void
because the charging instrument did not charge the offense of reckless
endangerment. We affirm the dismissal of the petition.
State vs. Mack Transou - W2003-02966-CCA-R3-CD View
Madison County - Following a jury trial, Defendant
Mack Transou was convicted of aggravated burglary and rape. He was sentenced
to concurrent sentences of fifteen years for aggravated burglary and
sixteen years for rape. On appeal, Defendant argues that the evidence
presented at trial was insufficient to support the jury's verdict, that
the trial court erred in admitting DNA evidence, and that his sentence
was improper in light of Blakely v. Washington. We conclude that the
evidence was sufficient to support the Defendant's convictions, the
DNA evidence was properly admitted, and that the trial court did not
err in its application of one enhancement factor when sentencing Defendant.
Accordingly, we affirm Defendant's convictions and sentences.
Cases posted the week of 05/09/2005
State vs. David James Wiley - E2004-01463-CCA-R3-CD View
Hamilton County - The appellant, David James Wiley,
pled guilty in the Hamilton County Criminal Court to arson and received
a probationary sentence of six years. Subsequently, the trial court
revoked the appellant's probation. The appellant now appeals, contesting
the trial court's evidentiary rulings during the revocation hearing
and the sufficiency of the evidence supporting the revocation. Upon
our review of the record and the parties' briefs, we reverse the judgment
of the trial court and remand for a new hearing.
Douglas Brown vs. State - E2004-02496-CCA-R3-HC View
Bledsoe County - The petitioner, Douglas L. Brown,
has appealed from the Bledsoe County Circuit Court's dismissal of his
petition for habeas corpus relief. The petition attacked the petitioner's
two 1998, Davidson County, guilty-pleaded convictions of rape of a child.
The state has moved the court pursuant to Rule 20 of this court's rules
to summarily affirm the judgment of the habeas corpus court. We sustain
the motion and affirm the judgment.
State vs. Prentiss Phillips - W2004-01626-CCA-R3-PC View
Shelby County - The petitioner, Prentiss Phillips,
appeals the denial of his petition for post-conviction relief. The single
issue presented for review is whether the petitioner was denied the
effective assistance of counsel at trial. The judgment is affirmed.
State vs. Harlen Roy L. Zirker, aka Anthony Lamont
Zirker - M2003-02546-CCA-R3-CD View
Davidson County - The defendant, Harlen Roy L. Zirker,
aka Anthony Lamont Zirker, was convicted by a Davidson County jury of
two counts of rape of a child, a Class A felony, and four counts of
aggravated sexual battery, a Class B felony, and received an effective
sentence of seventy-two years. The defendant raises the following issues
on appeal: (1) whether the evidence is sufficient to support his convictions;
(2) whether the trial court erred in denying his motion to strike two
jurors for cause, in admitting evidence of the defendant's prior criminal
convictions, and in imposing consecutive sentences. Following our review,
we affirm the convictions and sentences.
State vs. Luis Perez - W2004-00980-CCA-R3-CD View
Shelby County - The defendant appeals his dual convictions
for possession of marijuana with intent to sell and with intent to deliver.
We affirm the sufficiency of the evidence and the denial of the defendant's
motion to suppress. We remand for merger of the offenses as the dual
convictions are violative of double jeopardy. Further, we modify the
sentence to two years in our de novo review, due to error in failure
to make findings of fact in sentencing.
State vs. Terry Wayne Mitchell - M2004-00721-CCA-R3-CD View
Overton County - The Defendant, Terry Wayne Mitchell,
pled guilty to burglary of an automobile and theft of property over
$500.00, in case number 5504, and possession of a schedule IV controlled
substance, in case number 5505. The trial court sentenced the Defendant
to three years and six months, as a Range II offender, for each of the
convictions in case 5504, and it sentenced the Defendant to eleven months
and twenty-nine days for the conviction in case 5505. The trial court
further ordered that the two sentences in case 5504 would be served
consecutively, and the sentence in 5505 would run concurrently. On appeal,
the Defendant contends that: (1) the trial court erred by not recusing
itself; and (2) the trial court erred when it sentenced the Defendant.
After a thorough review of the record, we affirm the Defendant's convictions
and sentences.
State vs. Nathaniel Champion - M2004-02143-CCA-R3-CD View
A Coffee County jury convicted the Defendant, Nathaniel
Champion, of the sale of a controlled substance, cocaine, and the trial
court sentenced the Defendant to three years. On appeal, the Defendant
contends that: (1) the evidence is insufficient to sustain his conviction
for the sale of cocaine; and (2) the trial court erred when it denied
the Defendant's motion for dismissal of appointed counsel. Finding no
reversible error, we affirm the judgment of the trial court.
State vs. Douglas E. Copeland - M2004-01796-CCA-R3-CD View
Putnam County - The defendant, Douglas E. Copeland,
was convicted by a Putnam County Criminal Court jury of driving under
the influence of an intoxicant (DUI), a Class A misdemeanor, and driving
on a suspended license, a Class B misdemeanor. The trial court imposed
a sentence of eleven months, twenty-nine days for the DUI conviction,
with probation after ten days in jail, to be served concurrently with
his sentence of six months on probation for the driving with a suspended
license conviction. The trial court also ordered that the defendant
pay fines totaling $860.00. On appeal, the defendant contends that the
evidence was insufficient to support his DUI conviction and that the
trial court erred by failing to instruct the jury that his inoperable
vehicle was a defense to the DUI offense. We affirm the trial court.
Willie Tom Ensley vs. State - M2003-02831-CCA-R3-PC View
Davidson County - The petitioner appeals from the dismissal
of his Post-Conviction DNA Analysis Petition. Dismissal followed an
unfavorable result for the petitioner after DNA analysis of a portion
of the evidence. Upon review, we affirm the dismissal.
State vs. Leonard Dale Kincer - M204-01403-CCA-R3-CD View
A Van Buren County Jury found the Defendant, Leonard
Dale Kincer, guilty of facilitation of the manufacture of one hundred
grams or more of a substance containing methamphetamine. The trial court
sentenced the Defendant to four years. On appeal, the Defendant contends
that: (1) the evidence is insufficient to support his conviction; (2)
the trial court erred in its instruction to the jury on facilitation;
(3) the State committed prosecutorial misconduct by introducing prejudicial
information during its closing argument; and (4) the statute under which
the Defendant was convicted is unconstitutional. After thoroughly reviewing
the record and the applicable authorities, we affirm the Defendant's
conviction and sentence, and remand for entry of an amended judgment
in Count one.
State vs. Jerry Bell - W2003-02870-CCA-R3-CD View
Shelby County - The Appellant, Jerry Bell, was convicted
by a Shelby County jury of two counts of theft of property under $500,
one count of aggravated burglary, two counts of kidnapping, and two
counts of rape. As a result of these convictions, Bell received an effective
sentence of fourteen years, eleven months, and twenty-nine days. On
appeal, Bell raises the following issues for our review: (1) whether
the evidence is sufficient to support his convictions, (2) whether the
trial court's ruling permitting introduction of his juvenile record
was error, (3) whether the fines imposed by the trial court are excessive,
and (4) whether he was sentenced in violation of Blakely v. Washington.
After review of the record, we affirm.
State vs. Robert Bradley Jr., In re: Clarence
Keeley d/b/a A-Bail Bond Co. - W2004-00113-CCA-R3-CD View
Lauderdale County - The Appellant, Clarence Keeley,
d/b/a A-Bail Bond Company, appeals the order of the Lauderdale County
Circuit Court denying his petition for reimbursement of the bond in
the case of State of Tennessee v. Robert Bradley, Jr. On appeal, Keeley
argues that the trial court erred in denying reimbursement of the $10,000
bail bond because (1) the circuit court was without jurisdiction to
enter a forfeiture on the bond which secured Bradley's appearance in
the general sessions court and (2) Bradley's guilty pleas to the charges
released A-Bail Bond Company from its surety obligations. After review,
we hold that the circuit court was without jurisdiction to enforce the
bail bond. Accordingly, the judgment of the trial court is reversed,
and reimbursement of the bond is ordered as provided below.
State vs. Kenneth Carter - W2004-01627-CCA-R3-CD View
Shelby County - The defendant, Kenneth Carter, was
indicted along with the co-defendant, Varnard Wheeler, for theft of
property over $60,000. By agreement with the state, the defendant pled
guilty to a reduced charge of attempt to commit theft of property over
$60,000, a Class C felony with a Range I sentence of six years. The
trial court denied judicial diversion and ordered a sentence of ninety
days in jail followed by supervised probation. In this appeal of right,
the defendant argues that the trial court erred first by denying judicial
diversion and second by denying immediate probation.
State vs. Eric Chism - W2004-01690-CCA-R3-PC View
Madison County - The petitioner, Eric Bernard Chism,
appeals from the Madison County Circuit Court's dismissal of his petition
for post-conviction relief, through which he had attacked his Madison
County jury convictions of felony murder, especially aggravated kidnapping,
aggravated rape, and aggravated sexual battery. The post-conviction
court determined that the petitioner failed to establish his claims
of ineffective assistance of trial counsel. We conclude that the record
supports this adjudication and affirm the order.
State vs. Steve Snipes - W2004-01619-CCA-R3-CD View
Haywood County - The defendant, Steve Cornell Snipes,
pled guilty in the Haywood County Circuit Court to possession of over
.5 grams of a Schedule II controlled substance with the intent to deliver
or sell, a Class B felony, and was sentenced as a Range I, standard
offender to eight years in the Tennessee Department of Correction. As
a condition of his guilty plea, the defendant sought to reserve as a
certified question of law whether the trial court erred in finding that
the affidavit supporting the search warrant set forth sufficient facts
establishing the credibility of the confidential informant. Based on
our review, we affirm the order of the trial court.
State vs. Montez Adams - W2004-01013-CCA-R3-PC View
Madison County - On February 2, 1999, the petitioner,
Montez Antuan Adams, filed a petition for post-conviction relief to
challenge his 1997 Madison County Circuit Court convictions of first
degree felony murder, especially aggravated burglary, conspiracy to
commit especially aggravated burglary, and theft over $500, all of which
were affirmed on appeal. See State v. Montez Antuan Adams, No. 02C01-9709-CC-00352
(Tenn. Crim. App., Jackson, Sept. 1, 1998). The post-conviction court
appointed counsel, and after conducting an evidentiary hearing, it denied
relief. The petitioner appealed in a timely manner. Following our review
upon the record, we affirm the order denying post-conviction relief.
State vs. Anthony Norfleet - W2004-01293-CCA-MR3-PC View
Shelby County - The petitioner, Anthony Norfleet, appeals
the denial of his petition for post-conviction relief from his aggravated
robbery conviction, arguing that the post-conviction court erred in
finding he received effective assistance of trial counsel. Following
our review, we affirm the denial of the petition.
State vs. Billy Sanlin - W2004-00841-CCA-R3-CD View
Shelby County - The defendant, Billy Ray Sanlin, was
convicted by jury of two counts of aggravated robbery and two counts
of especially aggravated kidnapping. On appeal he contends that: (1)
he was substantially prejudiced when the trial court improperly allowed
the State to call his codefendant to testify after the codefendant previously
indicated his unwillingness to testify; (2) the trial court erred in
refusing to allow his defense counsel to argue the difficulties inherent
in cross-racial identification in closing argument; and (3) the evidence
relating to the defendant's identification as the perpetrator of the
offenses was insufficient to support his convictions. Because we determine
that reversible error occurred in the State's direct examination of
the codefendant as a witness, we reverse the judgments of the trial
court and remand for a new trial consistent with this opinion.
State vs. Albert Smith - W2004-02169-CCA-R3-PC View
Shelby County - The petitioner, Albert Smith, appeals
the denial of his petition for post-conviction relief as time-barred.
He contends that Blakely v. Washington, 542 U.S. ___, 124 S. Ct. 2531
(2004), announced a new rule of constitutional law that applies retroactively
to his case, thereby creating an exception to the one-year statute of
limitations for filing a post-conviction petition. He further contends
that the post-conviction court should have held an evidentiary hearing
to determine the reason for his late filing of the petition. We conclude
that the petitioner has not demonstrated that a valid exception to the
one-year statute of limitations exists in his case or that the post-conviction
court erred by denying the petition without an evidentiary hearing.
Accordingly, we affirm the post-conviction court's summary denial of
the petition.
State vs. Shonda Garcia - W2004-02287-CCA-R3-CD View
Obion County - The defendant, Shonda Kay Garcia, pled
guilty to child abuse and neglect of a child six years of age or less,
a Class D felony, in exchange for a two-year sentence as a Range I,
standard offender, with the manner of service to be determined by the
trial court. Finding that the defendant lacked remorse and that a pattern
of child abuse and neglect had been established, the trial court denied
the defendant's request for alternative sentencing and ordered that
she serve her sentence in the Department of Correction. The defendant
appeals the denial of alternative sentencing. Following our review,
we affirm the judgment of the trial court.
State vs. Sammie Netters - W2004-01933-CCA-R3-PC View
Shelby County - The petitioner, Sammie Netters, appeals
the Shelby County Criminal Court's dismissal of his petition for post-conviction
relief from his conviction for aggravated robbery, a Class B felony.
He claims that he received the ineffective assistance of counsel because
his attorney failed to investigate his case adequately. We affirm the
trial court.
State vs. Anthony Parr - W2004-01458-CCA-R3-CD View
Dyer County - The defendant, Anthony D. Parr, was convicted
by a Dyer County jury of the sale of over .5 grams of a Schedule II
controlled substance, cocaine, a Class B felony, and was sentenced as
a Range I, standard offender to ten years in the Department of Correction.
On appeal, he asserts: (1) the evidence was insufficient to sustain
his conviction; (2) the State failed to establish evidentiary chain
of custody; and (3) the prosecutor made prejudicial comments in the
State's opening arguments. Following our review, we affirm the judgment
of the trial court.
James C. Ward vs. State - E2004-01397-CCA-R3-HC View
Johnson County - The petitioner, James C. Ward, appeals
from the trial court's order denying his petition for writ of habeas
corpus. The state has filed a motion requesting that this court affirm
the trial court's denial of relief pursuant to Rule 20 of the Rules
of the Court of Criminal Appeals. The petitioner has failed to establish
his claim of a void judgment. Accordingly, the state's motion is granted
and the judgment of the trial court is affirmed.
State vs. Donald Blevins - M2004-01906-CCA-R3-CD View
Warren County - The defendant, Donald Blevins, was
convicted for contributing to the delinquency of a minor. The trial
court imposed a sentence of 11 months and 29 days. On appeal, the defendant
asserts that the trial court erred by failing to instruct the jury on
the defenses of necessity and duress. The conviction and sentence are
affirmed; the case is remanded for entry of an amended judgment to correct
a clerical error.
State vs. Steven John Chromik, III - M2004-01865-CCA-R9-CD View
Davidson County - In this interlocutory appeal arising
from the Davidson County Criminal Court's order suppressing certain
statements and writings made by the defendant, Steven John Chromik,
III, the state claims that the trial court erred in finding the defendant's
statements and writings constituted inadmissible hearsay. The defendant
contends that the trial court erred in denying his motion to suppress
the statements and writings because of violation of his rights under
the United States and Tennessee constitutions. We affirm the trial court's
judgment concerning the defendant's constitutional claims but reverse
its suppression of the defendant's statements on evidentiary grounds,
and we remand the case for further proceedings consistent with this
opinion.
Jimmy Jennett A/K/A Michael Brewer vs. State -
M2004-01414-CCA-R3-HC View
Rutherford County - The petitioner, Jimmy Jennett,
Jr., appeals the trial court's dismissal of his petition for writ of
habeas corpus. In this appeal, he asserts that the trial court erred
by dismissing the petition because he is "restrained of his liberty" by
virtue of a 1977 Tennessee conviction that was used to increase his
sentence for a 1985 Mississippi conviction. The judgment of the trial
court is affirmed.
Cases posted the week of 05/02/2005
David Johnson Hartsell vs. State -
E2004-02876-CCA-R3-HC View
Johnson County - The petitioner, David Johnson Hartsell,
appeals the dismissal by the Johnson County Circuit Court of his petition
for writ of habeas corpus. The state has moved this court to affirm
the judgment of the trial court pursuant to Tennessee Court of Criminal
Appeals Rule 20. On review, this court affirms the order of dismissal.
James William Parsons vs. State -
E2004-01838-CCA-R3-HC View
Johnson County - The petitioner, James William Parsons,
Jr., filed a petition for a writ of habeas corpus, alleging that he
pled guilty to an illegal sentence. The trial court denied the petition,
and the petitioner now appeals. Upon review of the record and the parties'
briefs, we affirm the judgment of the trial court.
Linda June Cross vs. State - E2003-01969-CCA-MR3-PC View
Cumberland County - The petitioner, Linda June Cross,
was convicted by a jury in the Cumberland County Criminal Court of first
degree murder. She was sentenced to life imprisonment in the Tennessee
Department of Correction. Subsequently, the petitioner filed a petition
for post-conviction relief, alleging that because her trial counsel
had an actual conflict of interest in representing her, counsel was
therefore ineffective. The post-conviction court denied the petition,
and the petitioner now appeals. Upon our review of the record and the
parties' briefs, we affirm the judgment of the post-conviction court.
State vs. Jason Brian Hargrove - M2003-00333-CCA-R3-PC View
Marshall County - The petitioner, Jason Brian Hargrove,
pled guilty to multiple counts of theft and burglary and was ordered
to serve an effective sentence of twenty (20) years. This Court affirmed
his sentence on direct appeal. See State v. Jason Brian Hargrove, No.
M2001-01579-CCA-R3-CD, 2002 WL 1585638 (Tenn. Crim. App., at Nashville,
July 18, 2002). The petitioner filed a timely petition for post-conviction
relief, alleging ineffective assistance of counsel at trial and arguing
that his guilty plea was not knowingly and voluntarily entered. After
a hearing, the post-conviction court denied the petition. On appeal,
the petitioner challenges the denial of the petition for post-conviction
relief based on a claim of ineffective assistance of counsel. He also
argues that the holding in Blakely v. Washington, 542 U.S. ___, 124
S. Ct. 2531 (2004), requires a reduction in his sentence. For the following
reasons, we affirm the decision of the post-conviction court and decline
to modify the petitioner's sentence.
State vs. Monoleto D. Green - M2003-02774-CCA-R3-CD View
Davidson County - The Defendant was convicted on a
jury verdict of three counts of aggravated robbery and three counts
of robbery. Following a sentencing hearing, he was sentenced on all
six convictions as a Range II offender to an aggregate sentence of eighty-four
years with all sentences to be served consecutively. On appeal, the
Defendant argues two issues: 1) there was insufficient evidence to support
one of his robbery convictions and all three aggravated robbery convictions;
and 2) the trial court erred by imposing excessive sentences and by
ordering all the sentences to be served consecutively. We affirm the
judgments of the trial court as to the convictions but modify the Defendant's
sentences to an aggregate term of seventy-eight years.
State vs. Kathy Chance Cutshaw - E2004-00799-CCA-R3-CD View
Blount County - The Defendant, Kathy Chance Cutshaw,
was convicted by a jury of aggravated assault by use or display of a
deadly weapon, a Class C felony. See Tenn. Code Ann. § 39-13-102(a)(1)(B),
(d)(1). Following a sentencing hearing, the trial court sentenced the
Defendant as a Range I standard offender to four years and six months,
to be served in split confinement. The Defendant now appeals her sentence,
contending that the trial court erred in ordering her to serve any time
in confinement. We modify the Defendant's sentence to four years but
otherwise affirm the trial court's judgment.
State vs. William Henry Wilson - E2004-01983-CCA-R3-CD View
Blount County - The Defendant, William Henry Wilson,
pled guilty to one count of delivery of .5 grams or more of a schedule
II controlled substance, and to one count of delivery of less than .5
grams of a schedule II controlled substance. The trial court sentenced
the Defendant to an effective sentence of ten years, and the Defendant
appeals, contending that his sentence is excessive. Finding no reversible
error, we affirm the judgment of the trial court.
State vs. Rose Adams - W2004-01650-CCA-R3-CD View
Weakley County - After the trial court denied her motion
to suppress, the defendant, Rose Mary Adams, entered a best interest
guilty plea to possession with intent to deliver a Schedule II controlled
substance, methamphetamine, a Class C felony, and to possession of drug
paraphernalia, a Class A misdemeanor. After conducting a sentencing
hearing, the trial court sentenced the defendant to four years in the
Community Correction program after four months of service in the county
jail and fined the defendant $2,000 for the possession with intent to
sell conviction. For the possession of drug paraphernalia conviction,
the defendant received a concurrent sentence of eleven months and twenty-nine
days with all but four months suspended. The defendant now appeals a
certified question of law challenging the trial court's denial of her
motion to suppress the evidence. We affirm the judgment of the trial
court.
State vs. Brad Jones - W2004-02674-CCA-R3-PC View
Lauderdale County - The petitioner appeals the denial
of his petition for post-conviction relief from his convictions for
felony evading arrest, possession of a Schedule VI controlled substance,
and driving on a revoked license, arguing that the post-conviction court
erred in finding that his guilty pleas were knowing and voluntary and
that he received the effective assistance of trial counsel. Following
our review, we affirm the denial of the petition.
State vs. Derrick Goode - M2004-01368-CCA-R3-CD View
Bedford County - On appeal, the defendant challenges
the revocation of his probation; specifically, he contends that the
trial court erred in revoking his probation based on the new charge
of possession of prohibited weapons (sawed-off shotguns) when the weapons
were not entered into evidence and their length was only estimated but
never measured. Upon our review, we conclude that the deputy's estimation
of the length of the weapons is sufficient to support revocation. Moreover,
it is uncontroverted that the defendant had an outstanding payments
owed to the court, which constitutes an additional ground for revocation.
We affirm the judgment of the trial court.
State vs. Michael Lee Hogan - M2003-02830-CCA-R3-CD View
Dickson County - The Defendant, Michael Lee Hogan,
pled guilty to one count of selling less than .5 grams of a schedule
II controlled substance, cocaine. In accordance with the plea agreement,
the trial court sentenced the Defendant to twelve years in prison, as
a Range II offender at thirty-five percent. The Defendant filed a motion
to withdraw his guilty plea, which the trial court denied. The Defendant
now appeals, contending that: (1) the trial court erred when it denied
his motion to withdraw his guilty plea because his guilty plea was not
knowingly and voluntarily entered; and (2) his sentence is illegal.
Because the trial court erroneously determined that it lacked jurisdiction
to hear the Defendant's motion to withdraw his guilty plea and, therefore,
summarily denied the motion, we reverse and remand to the trial court
for further proceedings.
Douglas Kirkham, Jr. vs. State -
M2004-02635-CCA-R3-HC View
Sumner County - The petitioner appeals the summary
dismissal of his habeas corpus petition. Specifically, he alleges fatal
deficiencies in the indictment; an involuntary, unintelligent, and unknowing
guilty plea; an illegal and void sentence; and ineffective assistance
of counsel. Upon review, we conclude that the petitioner has not presented
any claims that justify habeas corpus relief. Therefore, we affirm the
summary dismissal of the habeas corpus petition.
State vs. Timothy D. Prince - M2004-01262-CCA-R3-CD View
Williamson County - The appellant, Timothy D. Prince,
was indicted by the Williamson County Grand Jury for one count of possession
of marijuana. Prior to trial, the appellant filed a motion to suppress
the evidence. The trial court denied the motion and found the appellant
guilty of possession of marijuana after a bench trial. As a result,
the trial court sentenced the appellant to serve eleven (11) months
and twenty-nine (29) days in the county jail. After the denial of a
motion for new trial and an amended motion for new trial, the appellant
filed a timely notice of appeal. On appeal, the appellant challenges:
(1) the trial court's denial of the motion to suppress; (2) the sufficiency
of the evidence despite the possibility of missing evidence; and (3)
the sentence imposed by the trial court. We affirm the judgment of the
trial court.
Rearno Vaughn vs. State - M2004-00544-CCA-R3-PC View
Sumner County - The Petitioner, Rearno Vaughn, was
convicted of one count of first degree murder, two counts of attempted
first degree murder, two counts of attempted second degree murder, and
one count of reckless endangerment, and the trial court sentenced him
to an effective sentence of life plus twenty-two years. This Court affirmed
the convictions and sentences on appeal. The Petitioner subsequently
filed a petition for post-conviction relief, which the post-conviction
court dismissed after a hearing. On appeal, the Petitioner contends
that the post-conviction court erred because he was denied the effective
assistance of counsel. Finding no reversible error, we affirm the judgment
of the post-conviction court.
Matthew Dwight Webb vs. State - M2004-00713-CCA-R3-PC View
Coffee County - The petitioner, Matthew Dwight Webb,
appeals as of right the dismissal of his petition for post-conviction
relief by the Coffee County Circuit Court. He seeks relief from his
conviction for rape and sentence of eight years. The petitioner contends
that he received the ineffective assistance of counsel and that his
guilty plea was not voluntary. We affirm the judgment of the trial court.
Chris Haire vs. State - E2004-00827-CCA-R3-PC View
McMinn County - The petitioner, Chris Haire, appeals
the McMinn County Circuit Court's dismissal of his petition for post-conviction
relief. After a thorough review of the record and applicable law, we
affirm.
James Allen Bowers vs. State - E2004-01734-CCA-R3-PC View
Bledsoe County - The petitioner, James Allen Bowers,
appeals the post-conviction court's denial of his petition for post-conviction
relief. In this appeal, the petitioner alleges (1) that he was denied
the effective assistance of counsel at trial and on appeal; (2) that
the state failed to disclose evidence favorable to his defense in violation
of the requirements of Brady v. Maryland, 373 U.S. 83 (1963); and (3)
that the post-conviction court erred by refusing to allow expert testimony
on the issue of the performance of his trial and appellate counsel.
The judgment of the post-conviction court is affirmed.
State vs. Neil M. Friedman - E2004-01198-CCA-R3-CD View
Sullivan County - The appellant, Neil M. Friedman,
pled guilty to misdemeanor assault and was sentenced to eleven months
and twenty-nine days to be served on probation. While serving his sentence,
the appellant pled guilty in the Sullivan County Criminal Court to aggravated
assault and violating his probation. For the aggravated assault conviction,
the trial court sentenced him to three years and granted his request
for full probation. The trial court also revoked his misdemeanor probationary
sentence and ordered him to serve his original sentence as ninety days
in jail and the remainder on probation. Subsequently, a probation violation
warrant was filed, and the trial court revoked probation and ordered
the appellant to serve both sentences in confinement. On appeal, the
appellant argues that the trial court did not have jurisdiction to revoke
his misdemeanor probationary sentence because the sentence expired before
the revocation warrant was issued. Upon review of the record and the
parties' briefs, we affirm the judgments of the trial court but remand
for entry of a corrected judgment as to the aggravated assault.
State v. Holly Lynn Perryman - M2003-03012-CCA-R3-CD View
Marshall County - The defendant, Holly Lynn Perryman,
was found guilty by a Marshall County jury of facilitation of aggravated
robbery, a Class C felony, and was sentenced as a Range I, standard
offender to four years and six months, with nine months to be served
in the county jail and the remainder on probation, the first year of
which was to be in community corrections. She raises two issues on appeal:
(1) whether the evidence was sufficient to sustain her conviction; and
(2) whether her sentence is excessive. Following our review, we conclude
that the evidence is sufficient to sustain the conviction but that her
conviction for this offense, which is a crime of violence, makes her
ineligible for community corrections. Accordingly, we vacate her sentence
and remand for resentencing.
Cases posted the week of 04/25/2005
State v. Lyle Van Ulzen & Billy J. Coffelt -
M2003-02066-CCA-R3-CD View
Davidson County - The defendants, inmates at Riverbend
Penitentiary, successfully temporarily escaped from custody while being
transported to a court appearance. At trial, Defendant Van Ulzen was
convicted of two counts of aggravated robbery (Class B felony), two
counts of aggravated assault (Class C felony), four counts of false
imprisonment (misdemeanor), one count of theft (misdemeanor), and pled
guilty to one count of felony escape (Class E felony). Defendant Coffelt
was convicted of one count of aggravated assault (Class C felony), three
counts of theft (misdemeanor), four counts of false imprisonment (misdemeanor),
and one count of felony escape (Class E felony). On appeal, Defendant
Van Ulzen appeals his convictions and sentence. Defendant Coffelt appeals
aspects of his convictions. Upon review of Defendant Van Ulzen's appeal,
we reverse and dismiss one count of aggravated assault as violative
of double jeopardy. All other convictions and judgments as to both defendants
are affirmed. We remand for correction of judgments as to Defendant
Coffelt.
State v. Joseph Vermeal - M2004-00046-CCA-R3-CD View
Warren County - The appellant, Joseph Vermeal, was
convicted by a jury in the Warren County Circuit Court of aggravated
sexual battery and was sentenced to nine years incarceration in the
Tennessee Department of Correction. On appeal, the appellant alleges
that the evidence was insufficient to support his conviction, and he
contends that the trial court erred in refusing to permit his expert
witness to testify. Upon our review of the record and the parties' briefs,
we affirm the judgment of the trial court.
State v. Leon Anderson - M2004-00965-CCA-R3-CD View
Williamson County - The appellant, Leon James Anderson,
was indicted by the Williamson County Grand Jury for driving under the
influence ("DUI"), speeding, driving with a revoked license, and fourth
offense DUI. The appellant was convicted by a jury on the first three
counts, and waived his right to a jury for the fourth offense DUI charge.
The trial court found the appellant guilty of fourth offense DUI. The
appellant was sentenced by the trial court to two (2) years for the
driving under the influence fourth offense, thirty days for speeding,
and six months for driving on a revoked license, all to be served concurrently.
After the denial of a motion for new trial, this appeal ensued. On appeal,
the appellant challenges the sufficiency of the evidence and contends
his sentence is excessive. Because the evidence is sufficient to support
the convictions and the sentence is not excessive, we affirm the judgment
of the trial court. However, we remand the matter to the trial court
for the limited purpose of correcting errors in some of the judgments.
State vs. Kendrick Brooks - W2004-00475-CCA-R3-CD View
Madison County - The Appellant, Kendrick Lamont Brooks,
appeals the revocation of his probation by the Madison County Circuit
Court. On appeal, Brooks argues that the trial court was without authority
to revoke his probation because the violation warrant was issued after
his sentence had expired. Finding this argument without merit, we affirm
the judgment of the trial court.
State vs. Darrell Anderson - W2004-01758-CCA-R3-PC View
Madison County - On May 14, 2004, the petitioner filed
a petition for post-conviction relief to challenge his 2002 Madison
County Circuit Court conviction of assault and aggravated assault. See
State v. Darrell M. Anderson, No. W2002-01269-CCA-R3-CD (Tenn. Crim.
App., Jackson, May 15, 2003). The post-conviction court appointed counsel,
and after conducting an evidentiary hearing, it rejected the petitioner's
claims of ineffective assistance of trial counsel and of trial error
and denied relief. The petitioner appealed in a timely manner, but following
our review upon the record, we affirm the order denying post-conviction
relief.
State vs. Joseph Jones - W2003-01994-CCA-R3-PC View
Shelby County - The petitioner, Joseph W. Jones, appeals
the denial of his petition for post-conviction relief, arguing that
his guilty plea was unknowing and involuntary and that he was denied
the effective assistance of trial counsel. Following our review, we
affirm the post-conviction court's denial of the petition.
State vs. Michael Lindsey -
W2004-01169-CCA-R3-PC View
Shelby County - The petitioner, Michael Lindsey, appeals
the dismissal of his petition for DNA testing pursuant to the Post-Conviction
DNA Analysis Act, Tennessee Code Annotated section 40-30-301, et seq.
On appeal, he argues that the post-conviction court erred in dismissing
the petition without holding an evidentiary hearing. Following our review,
we affirm the dismissal of the petition.
State vs. Daniel Malone - W2004-01125-CCA-R9-CD View
Madison County - The defendant was indicted for statutory
rape and contributing to the delinquency of a minor. Thereafter, the
trial court ordered an investigation to determine whether the defendant
was suitable for pretrial diversion. Before the defendant filed an application
for pretrial diversion, but after a pretrial investigation report was
submitted, the prosecutor denied pretrial diversion. The trial court
granted the defendant's writ of certiorari and reversed the prosecutor's
decision. Pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure,
the State was granted permission for an interlocutory appeal to this
Court. On appeal, this Court reversed the decision of the trial court
and remanded the case for further proceedings. State v. Daniel Shane
Malone, No. W1999-01678-CCA-R9-CD (Tenn. Crim. App., at Jackson, Nov.
8, 2000), perm. app. denied (Tenn. March 4, 2002). The defendant then
filed an original application for pretrial diversion. Again, the prosecutor
denied pretrial diversion. The trial court granted a writ of certiorari
and, thereafter, determined that the prosecutor did not abuse his discretion.
The defendant sought, and was granted, permission to take an interlocutory
appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure.
We granted the appeal to address the defendant's contention that the
prosecutor abused his discretion in denying pretrial diversion. Upon
review, we conclude that the prosecutor failed to consider and weigh
all relevant factors including substantial evidence favorable to the
defendant. Consequently, we reverse the judgment of the trial court
and remand this case to the prosecutor for further consideration of
all relevant factors attendant to the defendant's pretrial diversion
application.
State vs. Larry Mitchell - W2004-00981-CCA-R3-PC View
Shelby County - The Appellant, Larry Mitchell, appeals
the judgment of the Shelby County Criminal Court denying his petition
for post-conviction relief. On appeal, Mitchell argues that he was denied
his Sixth Amendment right to the effective assistance of counsel. After
a review of the record, we affirm the denial of post-conviction relief.
State vs. Jason Cook - W2004-01629-CCA-R3-CD View
Weakley County - A Weakley County jury convicted the
Defendant, Jason Cook, of three counts of forgery and three counts of
facilitation of forgery. The Defendant now appeals, contending that
the evidence was insufficient to sustain his convictions. Finding no
error in the judgments of the trial court, we affirm the Defendant's
convictions.
State vs. Theodore F. Holden - M2004-00570-CCA-R3-CD View
(Dissent) - View
Davidson County - The defendant appeals his burglary
conviction and argues that the trial court erred in finding that he "opened
the door" to cross-examination regarding his prior burglary convictions.
Upon thorough review, we conclude that defense counsel's pattern of
questioning did not open the door to cross-examination on prior burglary
convictions initially ruled inadmissible. We hold that the trial court
erred in reversing itself and allowing cross-examination as to the convictions;
therefore, we reverse the judgment of the trial court and remand for
a new trial.
State vs. Brooks Jonathan Lee - M2004-00598-CCA-R3-CD View
Putnam County - The Defendant was found guilty by jury
verdict of second offense driving under the influence of an intoxicant
(DUI), simple possession of marijuana, and possession of drug paraphernalia,
all Class A misdemeanors. He was sentenced to concurrent sentences of
eleven months and twenty-nine days with eighty-five days to be served,
had his driver's license suspended for two years, and was fined a total
of $3,150. The Defendant now appeals his DUI conviction claiming: 1)
the trial court erred in admitting testimony from an expert witness;
and 2) the evidence was insufficient to support his DUI conviction.
We affirm the judgment of the trial court.
State vs. Robert Wayne Pryor - M2003-03124-CCA-R3-CD View
A Bedford County jury convicted the defendant, Robert
Wayne Pryor, of robbery, a Class C felony. Following a sentencing hearing,
the trial court sentenced him as a Range I, standard offender to five
years and six months in the Department of Correction consecutive to
sentences in another case for which he was on probation. In this appeal,
the single issue presented for our review is whether the evidence was
sufficient to support the conviction. We affirm the judgment of the
trial court.
State vs. Charles Tawwater - M204-02115-CCA-R3-CD View
Franklin County - The defendant, Charles Tawwater,
pled guilty in Franklin County Circuit Court to facilitation of the
manufacture of methamphetamine, a Class D felony, and received two years
probation in the Community Corrections Program. The defendant appeals
upon certified questions of law from the denial of his motion to suppress
evidence seized pursuant to a warrantless search of his car. He claims
the trial court should have granted his motion because (1) the officers
lacked probable cause or reasonable suspicion to believe he had committed
a criminal offense when stopping his vehicle; (2) his consent to the
search of his car was not voluntary; and (3) statements made by him
to officers during his detention were inadmissible because he was not
advised of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.
Ct. 1602 (1966). We affirm the trial court.
State vs. Jesse Creasman - E2004-00800-CCA-R3-CD View
Hamilton County - The defendant, Jesse Lee Creasman,
entered a plea of guilt to burglary of a business. Pursuant to a plea
agreement, the trial court imposed a Range I sentence of two years and
ordered probationary supervision for a period of four years. After an
evidentiary hearing, the trial court directed restitution as follows:
$207.05 for the replacement of the store window, $239.90 for stolen
cigarettes, and $6,300 for increased insurance premiums. In this appeal
of right, the defendant argues that the amount of restitution is excessive.
Restitution is reduced by $6,300 to $436.95. Otherwise, the judgment
of the trial court is affirmed.
Erice Gilmore vs. State - E2004-01917-CCA-R3-HC View
Knox County - The petitioner, Eric Gilmore, appeals
the trial court's order dismissing his petition for writ of habeas corpus.
The state has filed a motion requesting that this court affirm the trial
court's denial of relief pursuant to Rule 20, Rules of the Court of
Criminal Appeals. The petition fails to establish a cognizable claim
for habeas corpus relief. Accordingly, the state's motion is granted
and the judgment of the trial court is affirmed.
State vs. Frank Pinchak - E2004-01184-CCA-R3-CD View
Hamilton County - The defendant, Frank Peter Pinchak,
entered a nolo contendere plea to vehicular assault, aggravated assault,
and violation of the implied consent law. The trial court deferred the
imposition of two concurrent two-year sentences for vehicular assault
and aggravated assault, placing the defendant on judicial diversion
for a term of six years. For violating the implied consent law, the
trial court suspended the defendant's license for one year. The trial
court then dismissed sua sponte the implied consent law violation, noting
that the indictment failed to charge a criminal offense. The State appeals
the single issue of whether the trial court erred in dismissing the
implied consent violation and argues that diversion is inappropriate
if the offense is reinstated. Concluding that an indictment is not a
necessary prerequisite to adjudication of a civil implied consent law
violation, we reverse the trial court's dismissal of the charge, remand
the case for reinstatement of the trial court's original imposition
of a one-year suspension of the defendant's driver's license, and conclude
that diversion is not appropriate for this civil offense.
State vs. Larry Bohannon - W2004-00961-CCA-MR3-PC View
Shelby County - The Petitioner, Larry Bohannon, appeals
from the trial court's dismissal of his petition seeking post-conviction
relief. The State has filed a motion requesting that this Court affirm
the trial court's denial of relief pursuant to Rule 20, Rules of the
Court of Criminal Appeals. The petition was filed outside the applicable
statute of limitations and is, therefore, time-barred. Accordingly,
we affirm the dismissal of the trial court.
State vs. Carlos Rice - W2004-02043-CCA-R3-PC View
Shelby County - This matter is before the Court upon
the State's motion to affirm the judgement of the trial court pursuant
to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner,
Carlos Rice, appeals the trial court's denial of post-conviction relief.
The petition was filed outside the applicable statute of limitation
and is, therefore, time-barred. Accordingly, we affirm the trial court's
dismissal.
State vs. Curtis Tate - W2003-00217-CCA-R3-CD View
Shelby County - The appellant, Curtis Tate, was convicted
by a jury in the Shelby County Criminal Court of second degree murder.
Following a hearing, the trial court sentenced the appellant to twenty
years incarceration in the Tennessee Department of Correction. On appeal,
the appellant contends that (1) "[p]lain error exists in the record
in that the two material and crucial witnesses were not called at trial";
(2) the trial court's instructions to the jury were incomplete and misleading;
(3) the trial court erred by instructing the jury on flight; (4) the
evidence was insufficient to sustain the appellant's conviction; and
(5) the sentence imposed by the trial court was excessive. Upon review
of the record and the parties' briefs, we affirm the judgment of the
trial court.
Cases posted the week of 04/18/2005
State vs. Marshaun Luden - E2004-01400-CCA-R3-CD View
Knox County - The defendant, Marshaun Luden, appeals
from the trial court's order revoking his probation and reinstating
his original sentence of five years as a Range I, standard offender
in the Department of Correction. The defendant does not contest the
revocation of his probation. Rather, he argues that the trial court
erred by failing to consider any additional alternative sentencing options.
We affirm the judgment of the trial court.
State v. Jose Luis Quintero - M2003-02311-CCA-R3-CD View
Wilson County - After a bench trial, the Defendant,
Jose Luis Quintero, was convicted of the first degree murders of Meceia
Nelson and Darius Boleyjack. The Defendant waived a sentencing hearing
and agreed to a sentence of two concurrent terms of life imprisonment
without the possibility of parole. In this direct appeal, the Defendant
contends that 1) the evidence is not sufficient to support his convictions;
2) the Defendant's statement to the police should have been suppressed;
and 3) the trial court erred in allowing a witness to testify about
statements made to her by one of the victims. Finding no errors entitling
the Defendant to a reversal, we affirm the judgments of the trial court.
James Vaughn v. State - M2004-00458-CCA-R3-PC View
Sumner County - The Petitioner, James A. Vaughn, was
convicted of one count of first degree murder, three counts of attempted
first degree murder, and one count of reckless endangerment, and the
trial court sentenced him to an effective sentence of life plus twenty-two
years. This Court affirmed the Petitioner's convictions and sentences
on appeal. The Petitioner subsequently filed a petition for post-conviction
relief, which the post-conviction court dismissed after a hearing. On
appeal, the Petitioner contends that the post-conviction court erred
because he was denied the effective assistance of counsel. Finding no
reversible error, we affirm the judgment of the post-conviction court.
David Blair v. State - M2004-02571-CCA-R3-PC View
Lawrence County - After having been indicted for the
offense of first degree murder, Petitioner, David Joe Douglas Blair,
pled guilty to the lesser included offense of second degree murder on
June 6, 1999, pursuant to a negotiated plea agreement, and received
a sentence of twenty-five years in the Department of Correction. On
January 5, 2001, Petitioner filed a "Motion for Appointment of Counsel" pertaining
to this matter and referenced a statute pertaining to the right to petition
for post-conviction relief. The trial court appointed counsel and an
amended petition for post-conviction relief was filed. The State answered,
and in its answer alleged that the petition should be summarily dismissed
because it was filed outside of the applicable statute of limitations.
The trial court granted the motion and dismissed the petition. Petitioner
appealed, and filed his brief. 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.
State v. Peter L. Guynn - M2003-02917-CCA-R3-CD View
Williamson County - The Defendant pled guilty to aggravated
robbery and was also found guilty after a bench trial of especially
aggravated kidnapping. The trial court sentenced the Defendant as a
Range II, multiple offender to thirty-five years for the Class A felony
especially aggravated kidnapping conviction, and to fifteen years for
the Class B felony aggravated robbery conviction. The two sentences
were ordered to be served consecutively. On appeal, the Defendant argues
two issues: 1) his conviction for especially aggravated kidnapping violated
his right to due process pursuant to State v. Anthony, 817 S.W.2d 299
(Tenn. 1991), and; 2) the trial court erred in imposing excessive sentences
and in running the sentences consecutively. We affirm the judgments
of the trial court.
Johnny L. McGowan, Jr. v. State - M2004-03059-CCA-R3-CO View
Rutherford County - This matter is before the Court
upon the State's motion to affirm the judgment of the trial court by
memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal
Appeals. The appellant has appealed the trial court's order summarily
dismissing his motion to withdraw his guilty plea. In that motion, the
appellant argued that his guilty plea resulted in a void sentence because
it was ordered to run concurrent to a prior unrelated offense that the
appellant was out on bond for at the time of the commission of the offenses
which resulted in the guilty plea. Upon a review of the record in this
case, we are persuaded that the trial court was correct in summarily
dismissing the motion and that this case meets the criteria for affirmance
pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly,
the State's motion is granted and the judgment of the trial court is
affirmed.
Derrick Sawyers v. Kevin Myers - M2004-03040-CCA-R3-HC View
Wayne County - The Defendant, Derrick Sawyers, appeals
from the trial court's dismissal of his petition seeking habeas corpus
relief. The State has filed a motion requesting that this court affirm
the trial court's denial of relief pursuant to Rule 20, Rules of the
Court of Criminal Appeals. The State's motion is granted. The judgment
of the trial court is affirmed.
State vs. Kenneth Lee Weston - E2004-00681-CCA-R3-PC View
Knox County - The petitioner, Kenneth Lee Weston, appeals
the trial court's dismissal of his petition for post-conviction relief.
The State has filed a motion requesting that this Court affirm the trial
court's denial of relief pursuant to Rule 20, Rules of the Court of
Criminal Appeals. The petition was properly dismissed as barred by the
statute of limitations. Accordingly, the State's motion is granted and
the judgment of the trial court is affirmed.
Chico Chigano vs. State - E2004-00679-CCA-R3-HC View
Bledsoe County - The petitioner, Chico Lopez Chigano,
appeals from the trial court's order dismissing his petition for writ
of habeas corpus. The state has filed a motion requesting that this
court affirm the trial court's denial of relief pursuant to Rule 20
of the Rules of the Court of Criminal Appeals. The petition fails to
establish a cognizable claim for habeas corpus relief. Accordingly,
the state's motion is granted and the judgment of the trial court is
affirmed.
Stephen Hughes vs. State - E2004-02473-CCA-R3-HC View
Johnson County - The petitioner, Steven G. Hughes,
petitioned the Johnson County Criminal Court for habeas corpus relief
from his Cocke County convictions of aggravated robbery. The court dismissed
the petition, and the petitioner appealed. The state has moved this
court to affirm the convictions pursuant to Tennessee Court of Criminal
Appeals Rule 20. We sustain the court's motion and affirm the order
of dismissal.
State vs. Vincent Marcel Williams - E2004-00355-CCA-R3-CD View
A Hamilton County Criminal Court jury convicted the defendant,
Vincent Marcel Williams, of aggravated child abuse, a Class A felony,
and reckless homicide, a Class D felony. The trial court sentenced him
as a Range I, standard offender to concurrent sentences of twenty-five
years for the aggravated child abuse conviction and four years for the
reckless homicide conviction. The defendant appeals, claiming that (1)
the evidence is insufficient to support his convictions; (2) the trial
court erred by denying his motion to suppress evidence obtained in violation
of Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602 (1966); (3) his
right to a fair trial was violated when a police officer testified at
trial concerning a polygraph test and the defendant's prior convictions;
(4) the burden of proof was improperly shifted from the state to the
defendant by the prosecutor's statements during closing argument; and
(5) the trial court erred by refusing to apply or give sufficient weight
to mitigating factors and by improperly applying enhancement factors
in light of Blakely v. Washington, 542 U.S. __, 124 S. Ct. 2531 (2004).
We affirm the defendant's convictions and sentences.
State vs. Edward Chumney - W2004-00474-CCA-R3-CD View
Madison County - The Appellant, Edward Chumney, appeals
the revocation of his probation by the Madison County Circuit Court.
On appeal, Chumney argues that the trial court was without authority
to revoke his probation because the violation warrants were issued after
his sentence of probation had expired. After review, we agree that three
of his sentences had expired; however, his two sentences for aggravated
burglary had not. Accordingly, we affirm revocation of his two sentences
for aggravated burglary and reverse and vacate revocation of his sentences
for misdemeanor theft, class E felony theft, and class D felony theft.
The case is remanded for correction of the records below to reflect
this holding and for other proceedings consistent with this opinion.
State v. Santita Makeva Sutton - M2004-02200-CCA-R3-CD View
Bedford County - The defendant, Santita Makeva Sutton,
pled guilty in the Bedford County Circuit Court to two counts of sale
of one-half gram or more of cocaine, a Class B felony, possession with
intent to sell one-half gram or more of cocaine, a Class B felony, possession
of a weapon by a convicted felon, a Class E felony, and simple possession
of a schedule VI controlled substance, a Class A misdemeanor. The trial
court sentenced her to eight years for each Class B felony conviction,
one year for the Class E felony conviction, and eleven months and twenty-nine
days for the Class A misdemeanor conviction. The court ordered two of
the three Class B felony convictions, the Class E felony conviction,
and the Class A misdemeanor conviction to run concurrently with each
other but consecutively to the other Class B felony conviction for an
effective total sentence of sixteen years in the Department of Correction.
The defendant appeals, claiming the trial court erred in denying her
alternative sentencing under state law and the rule announced in Blakely
v. Washington, 542 U.S. __, 124 S. Ct. 2531 (2004). We affirm the trial
court.
Jackie F. Curry vs. State - E2004-01227-CCA-R3-HC View
Johnson County - The petitioner, Jackie F. Curry, petitioned
the Johnson County Criminal Court for habeas corpus relief from his
three 2000 Knox County convictions of aggravated rape. The court dismissed
the petition, and the petitioner appealed. The state has moved this
court to affirm the convictions pursuant to Tennessee Court of Criminal
Appeals Rule 20. We sustain the court's motion and affirm the order
of dismissal.
Joseph B. Thompson vs. State -
E2004-01398-CCA-R3-PC View
Sullivan County - The petitioner, Joseph B. Thompson,
appeals from the Sullivan County Criminal Court's dismissal of his petition
for post-conviction relief, in which he challenged his 2001 jury conviction
of misdemeanor theft on the grounds that he received ineffective assistance
of trial counsel and that the trial court committed certain errors.
The state has moved this court to affirm the order of dismissal pursuant
to Tennessee Court of Criminal Appeals Rule 20. We sustain the motion
and affirm the order.
Elmer Fritts vs. State - E2004-02035-CCA-R3-CO View
Knox County - The petitioner, Elmer Fritts, appeals
from the trial court's order dismissing his petition for writ of habeas
corpus. The state has filed a motion requesting that this court affirm
the trial court's denial of relief pursuant to Rule 20 of the Rules
of the Court of Criminal Appeals. The petition fails to establish a
cognizable claim for habeas corpus relief. Accordingly, the state's
motion is granted and the judgment of the trial court is affirmed.
Robert R. McCray vs. State - E2004-01438-CCA-R3-HC View
Sullivan County - The petitioner, Robert R. McCray,
petitioned the Sullivan County Criminal Court for a writ of habeas corpus
to gain release from that court's 18-month sentence imposed for a conviction
of selling a counterfeit controlled substance. The court denied the
petition, and the petitioner appealed. The state has moved this court
to affirm the order via memorandum opinion pursuant to Tennessee Court
of Criminal Appeals Rule 20. We sustain the state's motion and affirm
the order pursuant to Rule 20.
State vs. Steven James Rollins -
E2003-01811-CCA-R3-DD View
Sullivan County - The defendant, Steven James Rollins,
was convicted by a Sullivan County jury of premeditated murder, felony
murder, and especially aggravated robbery. The felony murder conviction
was merged with the premeditated murder conviction. The jury found that
the state had proven five aggravating circumstances as provided in T.C.A. § 39-13-204(i):
(2), the defendant was previously convicted of one or more violent felonies;
(5), the murder was especially heinous, atrocious, or cruel in that
it involved torture or serious physical abuse beyond that necessary
to produce death; (6), the murder was committed for the purpose of avoiding
the lawful arrest or prosecution of the defendant; (7), the murder was
knowingly committed while the defendant had a substantial role in the
commission of a robbery; and (14), the murder victim was seventy years
of age or older. Upon finding the aggravating circumstances outweighed
the mitigating circumstances beyond a reasonable doubt, the jury sentenced
the defendant to death. In a separate hearing, the trial court sentenced
the defendant as a career offender to a consecutive term of sixty years
for the especially aggravated robbery conviction. In this appeal as
of right, the defendant challenges his first degree murder conviction
and sentence of death. He contends that the trial court erred in failing
to suppress his statements to investigating officers, in refusing to
permit his co-defendant to invoke his privilege against self-incrimination
in the jury's presence, and in denying his motion to dismiss the state's
notice of intent to seek the death penalty. After review, we conclude
that no harmful error exists, and we affirm the defendant's convictions
and sentences.
State vs. Joanne Hurst - E2004-01425-CCA-R3-CD View
Knox County - The appellant pled guilty to aggravated
assault. At sentencing, the trial court imposed a three-year sentence
to be served on probation. In this appeal, the appellant argues the
trial court erred by denying judicial diversion. We affirm the judgment
of the trial court.
Carl Ed Leming vs. State - E2004-01932-CCA-R3-HC View
Bledsoe County - The petitioner, Carl Ed Leming, pled
guilty in the Hamilton County Circuit Court to two counts of aggravated
rape. He received consecutive sentences of forty years incarceration
in the Tennessee Department of Correction, with release eligibility
after serving thirty percent of his sentence. Subsequently, the petitioner
filed in the Bledsoe County Circuit Court a petition for a writ of habeas
corpus, alleging that his sentence was illegal because he received statutorily
impermissible release eligibility. The court dismissed the petitioner's
petition for a writ of habeas corpus, and the petitioner now appeals.
Upon our review of the record and the parties' briefs, we affirm the
judgment of the trial court.
Toney L. Conn v. State - M2004-220-CCA-R3-PC View
Davidson County - The petitioner appeals the summary
dismissal of his petition for post-conviction relief, arguing that he
should have been appointed post-conviction counsel to assist him with
his petition. We conclude that the petitioner alleges a colorable claim
for relief under the less stringent standards afforded to a pro se petitioner
and that the petitioner's request for counsel should have been granted.
Accordingly, we reverse the dismissal of the petition and remand the
case to the post-conviction court for the appointment of counsel.
Christopher Robertson v. State - M2004-00556-CCA-R3-PC View
Davidson County - The petitioner, Christopher Duwan
Robertson, appeals the dismissal by the Davidson County Criminal Court
of his petition for post-conviction relief. After review of the record,
we affirm.
Jeffrey Lee Miller v. State- M2003-092841-CCA-R3-PC View
Montgomery County - The petitioner, Jeffery Lee
Miller, was convicted by a jury in the Montgomery County Circuit Court
of premeditated first degree murder. The petitioner received a sentence
of life imprisonment in the Tennessee Department of Correction without
the possibility of parole. Subsequently, the petitioner filed a petition
for post-conviction relief, alleging that he received the ineffective
assistance of counsel. After a hearing, the post-conviction court denied
the petition. The petitioner now appeals. Upon our review of the record
and the parties' briefs, we affirm the judgment of the post-conviction
court.
State v. Ronald Chatman - M2003-00806-CCA-R3-CD View
(Concur) - View
Robertson County - Defendant, Ronald Lynn Chatman,
was indicted for the offense of especially aggravated kidnapping, a
Class A felony. Following a jury trial, Defendant was convicted of the
lesser included offense of facilitation of especially aggravated kidnapping,
a Class B felony. The trial court sentenced Defendant to nine years
imprisonment as a Range I, standard offender. In his appeal, Defendant
challenges the sufficiency of the convicting evidence, and argues that
the trial court erred in not granting Defendant's request for a probated
sentence. After a thorough review of the record, we affirm the judgment
of the trial court.
State v. Robert Wayne Pryor - M2003-02981-CCA-R3-CD View
Bedford County - The Defendant, Robert Wayne Pryor,
was convicted by a jury of theft of property valued at over $1,000 but
less than $10,000, a class D felony. See Tenn. Code Ann. § 39-14-105(3).
The trial court subsequently sentenced the Defendant to three and one-half
years in the Department of Correction. In this direct appeal, the Defendant
challenges the sufficiency of the evidence and contends that his sentence
is excessive. Finding the evidence insufficient to support the jury
verdict, we reverse and vacate the Defendant's conviction and dismiss
the charge.
Ricky Earls v. State - M2003-03011-CCA-R3-PC View
Marshall County - The Defendant, Ricky Lynn Earls,
was convicted by a jury of four counts of forgery, Class E felonies,
and one count of theft under $500, a Class A misdemeanor. The trial
court subsequently merged two of the forgery counts into the remaining
two counts. After a hearing, the trial court sentenced the Defendant
as a career offender to an effective sentence of twelve years. The Defendant's
sentence was affirmed on direct appeal. See State v. Ricky Lynn Earls,
No. M2001-00112-CCA-R3-CD, 2002 WL 1586286 (Tenn. Crim. App., Nashville,
July 18, 2002). The Defendant subsequently filed for post-conviction
relief alleging ineffective assistance of counsel. After a hearing,
the trial court denied relief. This appeal followed. The sole issue
before us is whether the Defendant suffered from the ineffective assistance
of counsel due to defense counsel's failure to file timely a motion
for new trial. We find that the Defendant is entitled to relief on the
grounds of ineffective assistance of counsel. Accordingly, we reverse
the trial court's ruling and remand this cause with instructions that
the trial court grant the Defendant a delayed appeal.
Ricky Lynn Earls v. State -
M2003-01741-CCA-R3-PC View
Bedford County - The Defendant, Ricky Lynn Earls, was
convicted by a jury of theft of property over $1,000, a Class D felony.
See Tenn. Code Ann. § 39-14-105(3). The trial court subsequently
sentenced the Defendant as a career offender to twelve years in the
Department of Correction. The Defendant's conviction was affirmed by
this Court on direct appeal. See State v. Ricky Lynn Earls, No. M2001-00063-CCA-R3-CD,
2001 WL 1285927 (Tenn. Crim. App., Nashville, Oct. 25, 2001). The Defendant
subsequently filed for post-conviction relief, alleging ineffective
assistance of counsel. After a hearing the trial court denied relief.
This appeal followed. We remand this cause for further findings by the
trial court.
State vs. Robert Mosley - W2004-00228-CCA-R3-CD View
(Dissent) - View
Henry County - On appeal, the defendant challenges:
(1) the sufficiency of the evidence; (2) the sentence imposed, in light
of Blakely v. Washington; and (3) the denial of alternative sentencing.
Following our review, we conclude that there was sufficient evidence
presented, such that a reasonable jury could reject the theory of diminished
capacity and find the defendant guilty of the convicted offenses. Further,
it appears that the enhancement factors were applied errantly in light
of Blakely. Therefore, we reduce the sentence to the presumptive minimum
and remand the matter for a determination of the defendant's suitability
for alternative sentencing.
State vs. John Belew - W2004-01456-CCA-R3-CD View
Henderson County - A Henderson County jury convicted
the defendant, John Fitzgerald Belew, of possession of cocaine, a Class
A misdemeanor; and possession of .5 grams or more of cocaine with the
intent to deliver, a Class B felony. The trial court merged the two
convictions and sentenced the defendant to twelve years as a Range I
standard offender. On appeal, the defendant contends that the evidence
is insufficient to support his conviction. Upon our close review of
the evidence, we are constrained to hold that the evidence was insufficient
to prove the defendant's intent to deliver beyond a reasonable doubt.
However, we determine that the evidence was sufficient to prove simple
possession of cocaine. Therefore, we reverse the defendant's conviction
of possession of .5 grams or more of cocaine with the intent to deliver,
and reduce it to simple possession of cocaine. We remand the case to
the trial court for sentencing consistent with this opinion.
State vs. Anthony Brown - W2004-01139-CCA-R3-CD View
Obion County - The defendant, Anthony Dwayne Brown,
was convicted by jury of one count of first degree premeditated murder,
two counts of felony murder, one count of especially aggravated robbery,
two counts of especially aggravated burglary, and theft of property
valued at less than $500. The trial court merged the two felony murder
counts into the first degree premeditated murder count and merged the
theft offense into the count of especially aggravated robbery. The trial
court also merged the two counts of especially aggravated burglary.
The defendant was sentenced to life without the possibility of parole
for the first degree premeditated murder. The defendant was sentenced
to sixty years for especially aggravated robbery and to thirty years
for especially aggravated burglary. The trial court ordered all sentences
to run concurrent with the sentence of life without the possibility
of parole. The defendant raises two issues on appeal: (1) whether the
evidence was sufficient to support his convictions; and (2) whether
the trial court erred in excluding the testimony of a defense witness.
Following our review, we affirm the judgment of the trial court.
Alfio Lewis vs Ricky Bell - M2004-02735-CCA-R3-HC View
Davidson County - The Petitioner, Alfio Orlando Lewis,
appeals from the dismissal of his petition for the writ of habeas corpus.
The State has filed a motion requesting that the Court affirm the trial
court's denial of relief pursuant to Rule 20, Rules of the Court of
Criminal Appeals. We find the State's motion has merit. Accordingly,
the motion is granted and the judgment of the trial court is affirmed
pursuant to Rule 20, Rules of the Court of Criminal Appeals.
James Starnes vs State - M2004-01442-CCA-R3-PC View
Bedford County - The petitioner, James Mario Starnes,
appeals the Bedford County Circuit Court's dismissal of his pro se petition
for post-conviction relief without holding an evidentiary hearing. In
his petition, the petitioner contends that he received ineffective assistance
of counsel and entered an involuntary plea. The trial court concluded
that the factual allegations of the petition were insufficient and that
the issues were waived for failure to present them on direct appeal.
We disagree and remand the case to the trial court for an evidentiary
hearing.
Russell Allen vs. State - M2004-00217-CCA-R3-PC View
Maury County - In 2000, the Petitioner, Russell
Allen, was convicted of aggravated sexual battery, and was sentenced
to serve eight years. Subsequently, the Petitioner filed a petition
for post-conviction relief, and the post-conviction court dismissed
the petition, concluding that his petition was not filed within the
statute of limitations. On appeal, the Petitioner contends that the
post-conviction court erred when it dismissed his post-conviction petition.
After thoroughly reviewing the record and the applicable authorities,
we affirm the post-conviction court's judgment.
Unte Henderson vs. State - M2004-0093-CCA-R3-PC View
Rutherford County - The petitioner, Unte Henderson,
appeals from the Rutherford County Circuit Court's denial of his petition
for post-conviction relief from his guilty pleas to second degree murder
and conspiracy to commit aggravated robbery and effective nineteen-year
sentence. He contends that he received the ineffective assistance of
counsel because his attorney coerced him into pleading guilty. We affirm
the trial court.
State vs. David Humphrey - M2004-00114-CCA-R3-CD View
Sumner County - The defendant, David Arnold Humphrey,
entered a plea of guilt to attempt to possess more than .5 grams of
cocaine for resale. As a part of the plea agreement, a Range II sentence
of six years was imposed and a certified question of law was reserved
for appeal. See Tenn R. Crim. P. 37 (b)(2)(i). The question, as originally
approved before the filing of the notice of appeal, is "[w]hether the
initial contact and subsequent seizure of the defendant were . . . proper,
with said seizure resulting in the seizure of a Crown Royal bag containing
cocaine." The state, with the approval of the trial court, conceded
that the issue was dispositive of the case. The judgment is affirmed.
State vs. Mary Margaret Boyd - M2004-00580-CCA-R3-CD View
Davidson County - The defendant was involved in an
automobile accident. When officers arrived, she maintained that she
had been the driver of the vehicle. However, the actual driver was later
apprehended. When an officer attempted to place the defendant under
arrest, she physically resisted handcuffing. The Davidson County Grand
Jury indicted the defendant for making a false report and resisting
arrest. She was found guilty of both charges in a bench trial. The trial
court sentenced the defendant to an effective sentence of eighteen (18)
months with periodic confinement on weekends for twenty (20) days and
the remainder on probation. On appeal, the defendant argues that there
was insufficient evidence to support her convictions. We affirm the
judgments of the trial court.
State vs. Daniel Shields - M2004-03056-CCA-R3-HC View
Rutherford County - This matter is before the Court
upon the State's motion to affirm the judgment of the trial court by
memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal
Appeals. The petitioner has appealed the trial court's order summarily
dismissing the petition for the writ of habeas corpus. In that petition,
the petitioner challenges the constitutionality of the Criminal Sentencing
Reform Act of 1989 in light of Blakely v. Washington, 542 U.S. ___,
124 S. Ct. 2531 (2004). Upon a review of the record in this case, despite
the untimely notice of appeal filed by the petitioner, we are persuaded
that the trial court was correct in summarily dismissing the habeas
corpus petition and that this case meets the criteria for affirmance
pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly,
the State's motion is granted and the judgment of the trial court is
affirmed.
Roy C. Smith vs. State - E2004-00833-CCA-R3-HC View
Bledsoe County - The petitioner, Roy C. Smith,
filed a petition for writ of habeas corpus challenging his 1996
guilty plea for rape of a child. After a hearing, the trial court
granted the petition, determining that the judgment was not void,
but that the petitioner’s sentence was illegal. The State
appeals. For the following reasons, we affirm the judgment of
the trial court granting the writ of habeas corpus.
State vs. James Austin - W2004-00510-CCA-R3-CD View
(Dissent) - View
Shelby County - The defendant appeals his conviction for
second degree murder on the grounds of insufficient evidence to support
the verdict and the sentence, pursuant to Blakely issues. After review,
we find sufficient evidence to support the verdict. We conclude that the
two enhancement factors used to elevate the sentence are violative of Blakely
and, therefore, modify the sentence to twenty years. The cause is remanded
for modification of sentence.
State vs. Dickey Cotton - W2004-00366-CCA-R3-PC View
Shelby County - The petitioner appeals from the
denial of post-conviction relief and asserts in two issues that
his guilty plea was unknowing and involuntary due to (1) trial
counsel’s ineffective representation, and (2) violations
of Tennessee Rule of Criminal Procedure 11. We affirm the denial
of post-conviction relief.
Cases posted the week of 04/11/2005
State vs. Elijah Hammond - E2004-01061-CCA-R3-CD View
Bradley County - Following a bench trial before the
Bradley County Criminal Court, the defendant, Elijah Hammond, was found
guilty of aggravated child abuse by use of a deadly weapon and of aggravated
assault involving his minor daughter, ST. The court merged the convictions
and sentenced the defendant to serve 12 years in the Department of Correction.
On appeal, the defendant contends that the evidence is insufficient
to support his aggravated child abuse conviction and that he was improperly
classified and sentenced as a Range II, multiple offender. After an
extensive review of the record, the briefs of the parties, and applicable
law, we conclude that the evidence supports his aggravated child abuse
conviction and that, pursuant to an amended judgment of conviction,
the defendant was properly sentenced as a Range I, standard offender
to serve an incarcerative, 12-year sentence.
State vs. Michael Lynn Stanton - E2003-02675-CCA-R3-CD View
Knox County - The defendant, Michael Lynn Stanton,
was convicted of first degree murder, attempted first degree murder,
and two counts of aggravated burglary. The jury returned a verdict of
life without parole for the murder conviction. See Tenn. Code Ann. § 39-13-204.
The trial court imposed sentences of sixty years for the attempted murder
conviction and fifteen years for each of the aggravated burglary convictions.
The trial court ordered consecutive service, but with the aggravated
burglary sentences to be served concurrently to one another, for an
effective sentence of life without parole plus seventy-five years. In
this appeal of right, the defendant asserts that the trial court erred
by (1) permitting evidence of prior bad acts; (2) denying his motion
for judgment of acquittal on the first degree murder charges; (3) admitting
an audiotape recording of a hospital interview with the victim; (4)
limiting impeachment of a state witness; (5) failing to declare a mistrial
after the state attempted to call a bailiff as a witness; and (6) failing
to grant a judgment of acquittal on the aggravated burglary charge contained
in count 5 of the indictment or, in the alternative, failing to merge
the two aggravated burglary convictions. Because the defendant was entitled
to a judgment of acquittal on the aggravated burglary charge of count
5, that conviction is reversed and the charge is dismissed. Otherwise,
the judgments of the trial court are affirmed.
David James Cantrell vs. State - E2004-01234-CCA-R3-HC View
Bledsoe County - The petitioner, David James Cantrell,
appeals from the trial court's order dismissing his petition for writ
of habeas corpus. The state has filed a motion requesting that this
court affirm the trial court's denial of relief pursuant to Rule 20
of the Rules of the Court of Criminal Appeals. The petition fails to
establish a cognizable claim for habeas corpus relief. Accordingly,
the state's motion is granted and the judgment of the trial court is
affirmed.
State vs. Charles Hall - W2004-01165-CCA-R3-CD View
Henry County - A jury convicted the defendant, Charles
Michael Hall, for a third offense of driving under the influence of
an intoxicant (D.U.I.), a Class A misdemeanor, and for driving after
having been declared a habitual motor vehicle offender, a Class E felony.
For the D.U.I. conviction, he received a sentence of eleven months and
twenty-nine days in the county jail with a release eligibility at 75%
and a $1500 fine. For the habitual motor vehicle offender offense, he
received a sentence of one year as a Range I standard offender to be
served in the Department of Correction. The sentences are to be served
consecutively. In this appeal as of right, the defendant argues: (1)
the evidence is insufficient to sustain his convictions; (2) the trial
court improperly denied charging a proposed jury instruction; and (3)
the trial court improperly charged the jury. After reviewing the matter,
we affirm the judgment of the trial court.
State vs. John Parker - W2004-00911-CCA-R3-CO View
Madison County - The petitioner filed a "Writ of Certiorari
and/or Writ of Habeas Corpus and/or Motion for Post-Judgment Relief" in
the trial court. On appeal, the petitioner challenges the trial court's
denial of both his petition for writ of habeas corpus and his application
for writ of certiorari. Following our review, we affirm the denial of
both forms of relief.
Randall Blakeney vs. State - E2004-02499-CCA-R3-PC View
Knox County - The petitioner, Randall Blakeney,
appeals the trial court's order denying post-conviction relief. The
state has filed a motion requesting that this court affirm the trial
court's denial of relief pursuant to Rule 20, Tenn. Ct. Crim. App. R.
The pleading is barred by the statute of limitations and was properly
dismissed. Accordingly, the state's motion is granted and the judgment
of the trial court is affirmed.
State vs. William O. Ewerling - M2003-00595-CCA-R3-CD View
Davidson County - The Appellant, William O. Ewerling,
proceeding pro se, appeals his misdemeanor convictions by the Davidson
County Criminal Court for possessing a weapon in a public park, possession
of a handgun while under the influence of alcohol, and criminal trespass.
On appeal, Ewerling argues the trial court erred as follows: (1) improperly
admitted hearsay statements; (2) admitted non-relevant evidence; (3)
permitted introduction of evidence from a witness who had no personal
knowledge of the matter; (4) improperly instructed the jury; and (5)
imposed excessive sentences. Additionally, Ewerling argues that the
evidence was insufficient to support his convictions. After review,
we conclude that issues (1), (2), (3), (4), and (5) are waived as the
record is insufficient to permit a review of these issues. With regard
to Ewerling's sufficiency argument, we conclude that the evidence is
legally sufficient to support his convictions for possessing a weapon
in a public park and possession of a handgun while under the influence.
However, we conclude that the evidence is legally insufficient to support
his conviction for criminal trespass. Accordingly, the convictions and
sentences for possessing a weapon in a public park and possession of
a handgun while under the influence are affirmed; the conviction for
criminal trespass is reversed and dismissed.
James Burns vs. State - M2004-00793-CCA-R3-PC View
Marshall County - The petitioner pled guilty to one
count of second degree murder and one count of aggravated assault on
February 7, 2003. The trial court sentenced him to twenty (20) years
and five (5) years, respectively, for the above convictions. The petitioner
filed a petition for post-conviction relief. The trial court held a
hearing and stated upon the record that the petition was denied. However,
a written order was never entered by the trial court. Because there
is no final order from which the petitioner may appeal, we dismiss the
appeal.
State vs. Lorenzo Harris - W2004-02057-CCA-R3-HC View
Hardeman County - The Petitioner, Lorenzo D. Harris,
appeals the trial court's denial of his petition for habeas corpus relief.
The State has filed a motion requesting that this Court affirm the trial
court's denial of relief pursuant to Rule 20, Rules of the Court of
Criminal Appeals. Because the Petitioner has failed to allege a ground
for relief which would render the judgment void, we grant the State's
motion and affirm the judgment of the lower court.
State vs. Stanley Harvell - W2004-02643-CCA-R3-HC View
Hardeman County - The Petitioner, Stanley Harvell,
appeals the trial court's denial of his petition for habeas corpus relief.
The State has filed a motion requesting that this Court affirm the trial
court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The
State's motion is granted. The judgment of the trial court is affirmed.
State vs. Horatio Rice - W2004-02517-CCA-R3-HC View
Lauderdale County - The Petitioner, Horatio L.
Rice, appeals the lower court's denial of his petition for habeas corpus
relief. The State has filed a motion requesting that this Court affirm
the trial court pursuant to Rule 20, Rules of the Court of Criminal
Appeals. The Petitioner has failed to establish that his convictions
are void or that his sentence has expired. Accordingly, we grant the
State's motion and affirm the judgment of the trial court.
State vs. Jim Townsend - W2004-02161-CCA-R3-CO View
Shelby County - This matter is before the Court upon
the State's motion to affirm the judgment of the trial court pursuant
to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner,
Jim L. Townsend, appeals the trial court's denial of his application
for writ of error coram nobis/petition for post-conviction relief. Finding
that the instant petition is not proper as either a motion for writ
of error coram nobis, petition for post-conviction relief, or application
for writ of habeas corpus relief, we affirm the dismissal of the trial
court.
Edwin Bryant vs. Flora J. Holland - M2003-02838-CCA-R3-HC View
Davidson County - The petitioner, Edwin Matthew Bryant,
appeals pro se from the Davidson County Criminal Court's dismissal of
his petition for habeas corpus relief from his convictions for two counts
of vehicular assault, a Class D felony, and resulting sentences of four
years each to be served concurrently in the Department of Correction.
He contends that the trial court erred in dismissing his writ of habeas
corpus without appointing counsel and that his sentences are illegal
because the trial court sentenced him to incarceration and imposed restitution
and because the trial court enhanced each of his sentences from two
years to four years without finding any applicable enhancement factors.
We affirm the trial court's dismissal of the petition.
State vs. Terry Buckner - M2003-01010-CCA-R3-CD View
Coffee County - Following a jury trial, Defendant,
Terry Wayne Buckner, was convicted of two counts of sexual battery.
Defendant was sentenced to serve one year in confinement for each offense,
with the sentences to run concurrently with each other. On appeal, Defendant
challenges the trial court's failure to order alternative sentencing
and the trial court's consideration of enhancement factors which were
not submitted to a jury. After a thorough review, we modify Defendant's
sentence for each conviction to a sentence of one year of split confinement
with three months to be served in confinement and the balance to be
served on probation, with the sentences to run concurrently with each
other.
State vs. Loretta Wright - M2004-00802-CCA-R3-CD View
A Williamson County Grand Jury indicted the Defendant,
Loretta A. Wright, for one count of misdemeanor child abuse. The Defendant
pled guilty, and the trial court sentenced the Defendant to serve eleven
months and twenty-nine days. On appeal, the Defendant contends that
the trial court's sentence is excessive. After thoroughly reviewing
the record and the applicable authorities, we affirm the Defendant's
sentence.
State vs. Joshua Algood - M2004-00535-CCA-R3-CD View
Sumner County - The defendant, Joshua William Algood,
entered a nolo contendere plea to aggravated burglary and theft over
one thousand dollars ($1,000). The trial court sentenced the defendant
to serve 150 days in the county jail with the remainder of a three-year
effective sentence to be served on community corrections. As special
conditions of the defendant's probation, the trial court ordered the
defendant to have no contact with the victims, pay restitution of two
thousand five hundred dollars ($2,500), obtain a GED, submit a DNA sample,
maintain full-time employment once out of jail and establish paternity
of his minor child and begin paying child support to the child's mother.
The defendant appeals arguing that the trial court erred in imposing
the special conditions requiring he establish paternity of his minor
child and pay child support. We agree with the defendant and reverse
and remand the case to the trial court for proceedings pursuant to this
opinion.
State vs. Jesse James Johnson - M2004-00209-CCA-R3-CD View
Franklin County - The appellant, Jesse James Johnson,
was indicted for driving on a revoked license, violating the Motor Vehicle
Habitual Offender Act and third offense driving on a revoked license.
At trial, the appellant's counsel argued that the order declaring the
appellant to be an habitual traffic offender had expired as it was more
than three (3) years old. The trial court prohibited the jury from considering
the argument. The jury found the appellant guilty of driving on a revoked
license and violation of the Motor Vehicle Habitual Offender Act. In
a separate phase of the trial, the trial court found the appellant guilty
of third offense driving on a revoked license. The appellant received
a sentence of three (3) years and six (6) months for the violation of
the Motor Vehicle Habitual Offender Act and eleven (11) months and twenty-nine
(29) days for the third offense driving on a revoked license. After
the denial of a motion for new trial, this appeal ensued. Despite the
absence of a transcript of the hearing on the motion for new trial,
we determine that the trial court did not abuse its discretion in prohibiting
the appellant's counsel from arguing that the order declaring the appellant
to be an habitual motor vehicle offender had expired.
State vs. Keith Jackson - M2004-00562-CCA-R3-CD View
A Davidson County jury found the Defendant, Keith Latrell
Jackson, guilty of possession with the intent to sell twenty-six (26)
grams or more of a substance containing cocaine in a Drug-Free School
Zone and of possession of a firearm with the intent to employ it in
the commission of or escape from an offense. The trial court sentenced
the Defendant to an effective sentence of thirty-six years in prison.
On appeal, the Defendant contends that: (1) the trial court erred when
it denied his motion to suppress; (2) the evidence is insufficient to
support his convictions; (3) the trial court erred in admitting the
testimony of a surveyor pertaining to the use of GPS in determining
the distance between the location of the offense and the real property
that comprises Wharton School; and (4) the trial court erred when it
sentenced him. After thoroughly reviewing the record and the applicable
authorities, we reverse the Defendant's conviction and sentence for
possession of a firearm with the intent to employ it in the commission
of or escape from an offense, and we affirm the Defendant's conviction
and sentence for possession with the intent to sell twenty-six (26)
grams or more of a substance containing cocaine in a Drug-Free School
Zone.
State vs. Brenda Holliman - W2003-01736-CCA-R3-CD View
Shelby County - The appellant, Brenda Holliman, was
convicted by a jury of first degree murder and conspiracy to commit
the first degree murder of her husband. As a result, she was sentenced
to concurrent terms of life without parole and fifteen years. After
the denial of a motion for new trial, the appellant appealed. The following
issues are presented for our review on appeal: (1) whether the trial
court erred by denying the appellant's request for a continuance; (2)
whether the trial court erred by failing to excuse a juror for misconduct;
(3) whether the trial court erred by failing to instruct the jury on
the missing witness rule; and (4) whether the trial court erred in denying
the appellant's motion to suppress his statement. For the following
reasons, we affirm the judgment of the trial court.
Cases posted the week of 04/04/2005
State vs. Julia Mosley - E2004-01787-CCA-R3-CD View
Sullivan County - The appellant, Julia Mosely, pled
guilty in the Sullivan County Criminal Court to facilitation of attempted
rape of a child and felony failure to appear. Pursuant to the plea agreement,
she was sentenced to six years for the facilitation conviction and one
year for the felony failure to appear. The trial court ordered that
the two sentences be served consecutively, with both sentences suspended
and to be served on probation. Thereafter, the trial court revoked the
appellant's probation and ordered her to serve the balance of her sentences
in confinement. On appeal, the appellant challenges the revocation of
her probation. Upon our review of the record and the parties' briefs,
we affirm the judgments of the trial court.
State vs. Mike Littles - W2004-00596-CCA-R3-PC View
Lauderdale County - The petitioner, Mike Littles, appeals
the trial court's denial of his petition for post-conviction relief.
The sole issue presented for review is whether the petitioner entered
an involuntary plea due to ineffective assistance of counsel at trial.
After reviewing the matter, we affirm the judgment of the trial court.
State vs. Rodney Southers - E2004-01136-CCA-R3-CD View
Hamilton County - The defendant, Rodney Southers, originally
charged with aggravated robbery, was convicted of robbery. The trial
court imposed a Range I, six-year sentence. In this appeal, the defendant
asserts (1) that the trial court erred by refusing to suppress his pretrial
statement and (2) that the trial court erred by denying his request
for a special jury instruction. The judgment of the trial court is affirmed.
State vs. Kenneth Wayne Ball - E2004-00501-CCA-R3-CD View
A Greene County jury convicted the Defendant, Kenneth Wayne Ball,
of one count of driving under the influence, and the trial court sentenced
him to 11 months and 29 days, of which 10 percent was to be served before
eligibility for rehabilitative release programs. In this appeal, the
defendant contests the sufficiency of the convicting evidence and contends
that the trial court erred in denying his motion to suppress the results
of a breathalyzer test despite the officer's lack of reasonable grounds
to believe that he was intoxicated and despite the officer's failure
to follow the 20-minute observation protocol. We affirm the judgment
of the trial court.
State vs. Carrie & William Brewster - E2004-00533-CCA-R3-CD View
Knox County - The defendants, Carrie Ann Brewster and
William Justin Brewster, appeal from their Knox County Criminal Court
jury convictions of first degree felony murder, facilitation of first
degree premeditated murder, especially aggravated robbery, and especially
aggravated burglary. On appeal, the defendants claim that the convicting
evidence was insufficient to support the convictions and that the trial
court erred in denying the defendants' motions to suppress their pretrial
confessions. Because the record supports the convictions and the trial
court's ruling on the pretrial motions to suppress, we affirm; however,
we modify the especially aggravated burglary conviction to one of aggravated
burglary.
State vs. Kirk Williams - E2004-01452-CCA-MR3-CD View
Hamilton County - The defendant, Kirk Williams, was
indicted for driving under the influence and obstructing traffic. After
granting a motion to suppress all evidence obtained from the traffic
stop, the trial court permitted the state an application for a discretionary
appeal under Rule 9 of the Tennessee Rules of Appellate Procedure. Because
the effect of the ruling was a dismissal of the charges, this court
accepted the appeal under Rule 3 and waived the timely filing of notice
of appeal by the state. The issue presented for review is whether the
trial court erred by granting the motion to suppress. The judgment is
reversed and the cause is remanded for a trial on the merits.
State vs. Barbara Bryant - W2004-01245-CCA-R3-CD View
Tipton County - The defendant, Barbara Ann Bryant,
appeals the sentencing judgment of the Tipton County Circuit Court,
which resulted in an effective 33-year incarcerative sentence for vehicular
homicide and vehicular assault. We affirm.
State vs. Ricky Reed Jr. - W2004-00798-CCA-R3-PC View
Tipton County - The Appellant, Ricky Ray Reed, Jr.,
appeals the judgment of the Tipton County Circuit Court denying his
petition for post-conviction relief. Reed collaterally challenges his
jury conviction for second degree murder. On appeal, Reed argues that
trial counsel's failure to pursue an insanity defense constituted ineffective
assistance of counsel. After review of the record, we affirm the denial
of post-conviction relief.
Cases posted the week of 03/28/2005
State vs. Drama Sue Davis, Alias - E2003-03079-CCA-R3-CD View
Knox County - In 1992, the defendant, Drama Sue Davis,
alias, pled guilty and was sentenced for DUI, a Class A misdemeanor.
Judgment was not entered, and the matter was reset so the defendant
would have time to pay the fine and costs. She was to appear at the
next setting unless she had paid the fine, costs, and restitution in
the interim. Although the costs had been only partially paid, she did
not appear at the next setting. A capias was issued, but the defendant
was not arrested until ten years later, with the judgment then being
entered by the trial court. On appeal, the defendant asserts that, pursuant
to Tennessee Code Annotated section 40-6-206, the capias was void after
five years, with the trial court thus lacking jurisdiction to impose
sentence; and she was denied her right to a speedy trial. Following
our review, we affirm the judgment of the trial court.
State vs. Roy Edward Tolliver, Jr. - E2003-02886-CCA-R3-CD View
Greene County - The Appellant, Roy Edward Tolliver,
Jr., was convicted by a Greene County jury of one count of cruelty to
animals and was sentenced to eleven months and twenty-nine days in jail.
On appeal, Tolliver argues that (1) the evidence is insufficient to
support the verdict and (2) the sentence is excessive. After review
of the record, we affirm the conviction and sentence.
State vs. Gary Hopper - W2004-00978-CCA-R3-CD View
Shelby County - The defendant, Gary Hopper, pled guilty
in two separate cases to vehicular assault as the result of intoxication,
a Class D felony; reckless aggravated assault, a Class D felony; and
leaving the scene of an accident, a Class A misdemeanor, for which he
received an effective sentence of seven years, eleven months and twenty-nine
days in the county workhouse as a Range II, multiple offender. The sole
issue he raises on appeal is whether the trial court should have sentenced
him to community corrections instead of incarceration. Following our
review, we affirm the judgment of the trial court.
David Lackey vs. State - M2004-0558-CCA-R3-PC View
Davidson County - The petitioner appeals the summary
dismissal of his petition for post-conviction relief, arguing that he
should have been appointed post-conviction counsel and given an evidentiary
hearing. Following our review, we affirm the dismissal of the petition,
as it was untimely filed.
State vs. Johnny Issac Law - M2004-01031-CCA-R3-CD View
Lincoln County - The defendant pled guilty in the Lincoln
County Circuit Court to eleven counts of forgery, eleven counts of transferring
a forged instrument, sale of more than .5 grams of cocaine, delivery
of more than .5 grams of cocaine, and aggravated perjury. The trial
court merged the forgery convictions with the transferring a forged
instrument convictions and sentenced the defendant as a Range I, standard
offender to one year on each count, to be served concurrently. He was
sentenced to ten years for the sale of cocaine conviction, which the
trial court merged with the delivery conviction, to be served concurrently
with the forgery sentence, and four years for the aggravated perjury
conviction, to be served consecutively to the sale of cocaine sentence,
for a total effective sentence of fourteen years. On appeal, he alleges
the trial court erred in applying several enhancement factors in violation
of the recent United States Supreme Court case, Blakely v. Washington,
and in not sentencing him to the community corrections program. Following
our review, we affirm the sentences but remand for entry of corrected
judgments in all three cases to reflect the conviction offenses, which
were omitted, and to reflect the correct offense date in Case No. S0300119.
State vs. Jeremiah Ginn - M2003-02330-CCA-R3-CD View
(Concur) - View
Warren County - A Warren County Circuit Court jury
convicted the defendant, Jeremiah Ginn, of second degree murder, a Class
A felony, and the trial court sentenced him to twenty-four years in
the Department of Correction. The defendant appeals, claiming that the
evidence was insufficient to support his conviction; that the trial
court erred in instructing the jury by referring to statements made
by the defendant as "admission against interest;" by not repeating mens
rea definitions for lesser included offenses; and by not including a
charge on the doctrine of "mutual combat"; that the trial court erred
in allowing the state to introduce certain photographs into evidence;
and that his sentence is excessive. We affirm the judgment of the trial
court.
State vs. David A. Langley - M2004-00631-CCA-R3-CD View
Houston County - In a three count indictment returned
by the Houston County Grand Jury, Defendant, David A. Langley, was charged
with rape of a child in the first two counts and with aggravated assault
in count three. Following a jury trial, Defendant was convicted of rape
of a child, a Class A felony, in count one; of the lesser included offense
of aggravated sexual battery, a Class B felony, in count two; and of
reckless endangerment with a deadly weapon, a Class E felony, in count
three. Defendant was sentenced as a Range I standard offender to twenty-three
years for the rape of a child conviction, ten years for the aggravated
sexual battery conviction, and two years for the reckless endangerment
conviction. The trial court ordered Defendant's sentence for aggravated
sexual battery to be served consecutively to his sentence for rape of
a child, and his sentence for reckless endangerment to be served concurrently
with his sentence for aggravated sexual battery, for an effective sentence
of thirty-three years. On appeal, Defendant argues (1) that the evidence
is insufficient to support his convictions; (2) that the trial court's
demeanor denied Defendant his due process right to a fair trial; (3)
that the trial court erred in not suppressing Defendant's statements
which he made on the night he was arrested; (4) that the trial court
erred in not granting a mistrial when the State's witnesses made references
to Defendant's previous incarceration and offenses; (5) that the State
failed to make a proper election of offenses; (6) that the trial court
erred in not permitting Defendant to call a certain witness and in limiting
Defendant's cross-examination of Officer Chad Smith; (7) that the trial
court erred in not allowing Defendant to introduce evidence pursuant
to Rule 412 of the Tennessee Rules of Evidence; and (8) that the trial
court erred in deferring its ruling of Defendant's motion to suppress
the pornographic photographs found on his computer after his arrest.
Defendant does not appeal the length or manner of service of his sentences.
Following a thorough review of the record, we dismiss Defendant's conviction
of felony reckless endangerment and remand for a retrial on count three
of Defendant's indictment in accordance with this opinion. We otherwise
affirm Defendant's judgments of conviction for rape of a child and aggravated
sexual battery.
Horace Demon Pulliam vs. State - M2004-00087-CCA-R3-PC View
Davidson County - The petitioner, Horace Demon Pulliam,
appeals the dismissal of his petition for post-conviction relief alleging
that the post-conviction court erred in finding that he received effective
assistance of counsel. After a review of the record, we affirm the judgment
of the post-conviction court.
James R. W. Reynolds vs. State - M204-02254-CCA-R3-HC View
Davidson County - The petitioner, James R.W. Reynolds,
pled guilty to two counts of aggravated rape and was sentenced to concurrent
thirty-five year sentences. Subsequently, the petitioner filed a petition
for a writ of habeas corpus, alleging that Blakely v. Washington, 542
U.S. __, 124 S. Ct. 2531 (2004), rendered the 1982 Sentencing Reform
Act unconstitutional in general and unconstitutional as applied to him
specifically. The habeas corpus court summarily denied the petition
for a writ of habeas corpus, and the petitioner appeals. Upon our review
of the record and the parties' briefs, we affirm the judgment of the
habeas corpus court.