State of Tennessee v. Toscar Smith
The Defendant, Toscar Smith, appeals from the Shelby County Criminal Court’s revocation of his nine-year probationary sentence for his conviction for aggravated assault. The Defendant contends that the trial court erred in ordering his sentence into execution. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Van Garrett
Defendant, Jeffrey Van Garrett, was charged with one count of possession of oxycodone, a Schedule II substance, with intent to sell or deliver. Defendant filed a motion to suppress, which was denied by the trial court. Thereafter, Defendant entered into a negotiated plea agreement under Rule 11(c) of the Tennessee Rules of Criminal Procedure, in which he pled guilty to the charge with an agreed four-year sentence as a Range I offender to be served on probation. Defendant attempted to reserve three certified questions of law under Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure, challenging the trial court’s denial of the motion to suppress. After review, we conclude that this Court does not have jurisdiction to address the certified questions because the certification did not meet the requirements of State v. Preston, 759 S.W.2d 647 (Tenn. 1988). The appeal is, therefore, dismissed. |
Monroe | Court of Criminal Appeals | |
Jeffrey McCoy v. State of Tennessee
The Petitioner, Jeffrey McCoy, pleaded guilty to theft of property valued at $10,000 or more and one count of burglary of a building other than a habitation. The trial court imposed a twelve-year effective sentence to be served consecutively to a previous sentence in South Carolina. The Petitioner appeals the post-conviction court’s summary dismissal of his pro se petition for post-conviction relief. The Petitioner maintains that the post-conviction court erred in finding that the petition was barred by the statute of limitations. The State concedes error. After a review of the record and applicable law, we reverse the judgment of the post-conviction court and remand for appointment of counsel and further proceedings consistent with the Post-Conviction Procedure Act. |
Gibson | Court of Criminal Appeals | |
William Boatwright v. State of Tennessee
The Petitioner, William Boatwright, appeals from the Knox County Criminal Court’s denial of his petition for post-conviction relief from his especially aggravated robbery, aggravated robbery, aggravated burglary, and two aggravated assault convictions, for which he is serving a forty-seven-year sentence. The Petitioner contends that he received the ineffective assistance of counsel. We conclude that the Petitioner received the ineffective assistance of counsel, reverse the judgment of the post-conviction court, and remand this case for a limited motion for a new trial regarding the sufficiency of the evidence issues addressed in the appeal. |
Knox | Court of Criminal Appeals | |
William Boatwright v. State of Tennessee - concurring in part and dissenting in part
I concur with the majority opinion in its analysis that Petitioner was denied effective assistance of counsel. Petitioner’s counsel failed to raise specific issues regarding the lack of sufficient evidence to sustain two convictions, and the issues had merit. However, I disagree with the majority opinion’s conclusion as to the relief to which Petitioner is entitled. This is a unique post-conviction case. I am unable to recall ever before reviewing an appeal wherein the petitioner is entitled to post-conviction relief because, following a thorough review of the evidence at trial taken in the light most favorable to the State, it is clearly shown that the evidence was insufficient to sustain the convictions of especially aggravated robbery of one victim and aggravated robbery of another victim. Petitioner’s counsel failed to make the appropriate argument for judgment of acquittal at the close of the State’s case and failed to argue the issue in the direct appeal to this court. That failure established deficient performance. The review of the evidence at trial, the result of which is stated above, clearly established prejudice to Petitioner as a result of counsel’s deficient performance. Reversing the judgment of the post-conviction court is appropriate. However, remanding the matter to the trial court for Petitioner to have the opportunity to file a motion for new trial denies Petitioner the relief to which he is entitled. As will be discussed herein, it may also be in violation of Petitioner’s constitutional rights to be protected from double jeopardy. |
Knox | Court of Criminal Appeals | |
Mark A. Crites v. State of Tennessee
A Williamson County jury convicted the Petitioner, Mark A. Crites, of aggravated robbery, and the trial court sentenced him as a multiple offender to twelve years of incarceration. The Petitioner appealed, and this court affirmed the conviction and sentence. See State v. Mark A. Crites, No. M2014-00383-CCA-R3-CD, 2015 WL 3508042 (Tenn. Crim. App., at Nashville, June 4, 2015), perm. app. denied (Tenn. Sept. 17, 2015). The Petitioner filed a post-conviction petition, claiming he received the ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. The Petitioner appeals the denial, maintaining that his counsel was ineffective. After review, we affirm the post-conviction court’s judgment. |
Williamson | Court of Criminal Appeals | |
Carey R. Faught v. State of Tennessee
The Petitioner, Carey R. Faught, appeals from the Knox County Criminal Court’s denial of his petition for post-conviction relief from his jury trial convictions of aggravated burglary, employing a firearm during a dangerous felony, reckless endangerment, two counts of attempted aggravated robbery, and two counts of especially aggravated robbery, and his effective forty-eight-year sentence. He contends that the post-conviction court erred in denying relief on his claim that he received the ineffective assistance of counsel because counsel failed to challenge an impermissibly suggestive photograph lineup. We affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Carrington Owens
The Defendant, Carrington Owens, was convicted by a Montgomery County Circuit Court jury of four counts of rape of a child, a Class A felony; twenty-three counts of especially aggravated sexual exploitation of a minor, a Class B felony; and twelve counts of aggravated sexual battery of a child less than thirteen years of age, a Class B felony. See T.C.A. §§ 39-13-522 (Supp. 2007, 2010, Supp. 2011) (rape of a child), 39-17-1005 (2006) (subsequently amended) (especially aggravated sexual exploitation of a minor), 39-13-504 (2018) (aggravated sexual battery). He is serving an effective thirty-seven-year sentence for his convictions. On appeal, he contends that the trial court erred in denying his motion to suppress evidence from a search of his home and that he was denied the right to confront his accuser face-to-face. We affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
William Matney Putman v. State of Tennessee
Over twenty-five years ago, William Matney Putman, Petitioner, pled guilty to first-degree felony murder, attempted robbery, and aggravated robbery. He was sentenced to an effective sentence of life without the possibility of parole. See William Matney Putman v. State, No. E2004-02192-CCA-R3-CD, 2005 WL 1996634, at *1 (Tenn. Crim. App. Aug. 18, 2005), perm. app. denied, (Tenn. Dec. 19, 2005) (“Putman I”). The postconviction court summarily dismissed Petitioner’s second petition for post-conviction relief. After review, we affirm pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Carter | Court of Criminal Appeals | |
State of Tennessee v. John C. Elrod
The Defendant, John C. Elrod, appeals the trial court’s order imposing confinement after finding a violation of his probation. In two separate cases, the Defendant pleaded guilty to multiple offenses, and the trial court sentenced him to an effective sentence of seven years of probation. In May 2019, the trial court issued a probation violation warrant based upon allegations that the Defendant had violated the terms of his probation by testing positive for amphetamines and methamphetamines on November 27, 2018 and January 24, 2019. After a hearing, the trial court revoked his probation and ordered him to serve the balance of his sentence in confinement. On appeal, the Defendant asserts that the trial court abused its discretion when it revoked his probation and when it ordered him to serve his sentence in confinement. After review, we affirm the trial court’s judgment. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Freddie L. Smith
The Defendant, Freddie L. Smith, was convicted upon his guilty pleas of four counts of identity theft, a Class D felony. See T.C.A. § 39-14-150 (2018). The Defendant pleaded guilty as a Range II offender and agreed to an effective eight-year sentence. The manner of service of his sentence was reserved for the trial court’s determination. On appeal, the Defendant contends that the trial court erred by imposing incarceration rather than an alternative sentence. We affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. George Ronald Perez
Defendant, George Ronald Perez, was indicted by the Montgomery County Grand Jury for possession with intent to sell or deliver 0.5 ounce or more of marijuana, simple possession of cocaine, simple possession of methamphetamine, possession of drug paraphernalia, and possession of a firearm during the commission of a dangerous felony. Defendant entered open guilty pleas to felony possession with intent to sell or deliver 0.5 ounce or more of marijuana, simple possession of cocaine, simple possession of methamphetamine, and possession of drug paraphernalia. A bench trial was conducted on the charge of possession of a firearm during the commission of a dangerous felony, and Defendant was found guilty. The trial court sentenced Defendant to consecutive sentences of one year for possession with intent to sell 0.5 ounce or more of marijuana and three years for possession of a firearm during the commission of a dangerous felony. The trial court sentenced Defendant to 11 months and 29 days for each of his remaining convictions and ordered those sentences to run concurrently with his three-year sentence. Defendant’s sole issue on appeal is whether the evidence was sufficient to support his conviction for possession of a firearm during the commission of a dangerous felony. Having reviewed the entire record, we conclude that the evidence was sufficient. Accordingly, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Aaron Frank Britton
The defendant, Aaron Frank Britton, appeals his Knox County Criminal Court guiltypleaded conviction of aggravated assault, arguing that the trial court erred by imposing a fully incarcerative sentence. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Tavaris Markee Golden
A Madison County Circuit Court Jury convicted the Appellant, Tavaris Markee Golden, of aggravated assault, a Class C felony, employing a firearm during the commission of or attempt to commit a dangerous felony, a Class C felony, and attempted voluntary manslaughter, a Class D felony, and he received an effective twelve-year sentence. On appeal, the Appellant contends that the trial court erred by refusing to merge the attempted voluntary manslaughter conviction into the aggravated assault conviction and that the merger would have negated his conviction of employing a firearm during the commission of a dangerous felony and the six-year sentence he received for the offense. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Blake Gregg
The defendant, Blake Gregg, appeals from his Sullivan County Criminal Court guiltypleaded convictions in multiple case numbers of possession of methamphetamine, two counts of possession with intent to sell .5 grams or more of methamphetamine, possession of oxycodone, possession of buprenorphine, possession of clonazepam, introduction of contraband into a penal institution, domestic assault, aggravated domestic assault, evading arrest, driving under the influence (“DUI”), two counts of driving on a suspended license, one count of second or subsequent offense of driving on a suspended license, driving while in possession of methamphetamine, theft of property valued at $1,000 or more but less than $2,500, four counts of possession of drug paraphernalia, running a stop sign, violating the vehicle light law, and two counts of violating the financial responsibility law. In this appeal, the defendant asserts that the trial court erred by ordering that he serve the 10-year sentence imposed in case number S68680 in confinement. Discerning no error, we affirm. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Greg Patterson
The Defendant, Greg Patterson, was involved in dependent and neglect proceedings in juvenile court and tested positive for methamphetamine in a drug screen ordered by that court. He was, thereafter, charged with attempted aggravated child neglect for exposing his two-year-old child to methamphetamine. The trial court denied the Defendant’s pretrial motion to suppress the drug screen results, and a jury ultimately convicted the Defendant as charged. On appeal, the Defendant submits that the trial court erred by denying his suppression motion because he did not voluntarily consent to a search and, moreover, because the special needs exception to the warrant requirement does not apply. Following our review, we conclude that the search was constitutionally reasonable as a special needs exception. Accordingly, the judgment of the trial court is affirmed. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Michael Eugene Rutherford
The defendant, Michael Eugene Rutherford, appeals his Knox County Criminal Court guilty-pleaded convictions of aggravated assault, simple possession, driving under the influence (“DUI”), vandalism, and violating the financial responsibility law, arguing that the trial court erred by imposing a fully incarcerative sentence. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Tonica Alvarado aka Tonica Beckham
The pro se Defendant, Tonica Alvarado aka Tonica Beckham, appeals the trial court’s denial of her motion to correct a clerical error on her probation revocation order pursuant to Tennessee Rule of Criminal Procedure 36.1. After review, we remand the case for further findings. |
Hardin | Court of Criminal Appeals | |
James Burgess v. Darren Settles, Warden
The petitioner, James Burgess, appeals the Bledsoe County Circuit Court’s summary dismissal of his petition for habeas corpus relief, which petition alleged that his judgments for first degree felony murder are illegal. Discerning no error, we affirm. |
Bledsoe | Court of Criminal Appeals | |
William Antwain Burns v. State of Tennessee
The pro se Petitioner, William Antwain Burns, appeals the summary dismissal of his petition for post-conviction DNA analysis. Following our review, we affirm the judgment of the post-conviction court summarily dismissing the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. David Darrell Fletcher
A Bedford County jury convicted the defendant, David Darrell Fletcher, of aggravated burglary (count 1), first degree premeditated murder (count 2), and first degree felony murder (count 3), and the trial court imposed an effective sentence of life plus 10 years. On appeal, the defendant challenges the sufficiency of the evidence supporting his first degree murder conviction and several of the trial court’s rulings. The defendant argues the trial court erred in admitting testimony regarding a statement he made to Amber Fletcher during a recorded phone call, in failing to designate three witnesses as accomplices as a matter of law and in failing to charge the jury accordingly, and in denying the defendant’s motions for a change of venue and for a mistrial. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. However, we note, in merging the defendant’s convictions in counts 2 and 3, the trial court failed to impose a sentence for the merged conviction of count 3. Because the conviction of count 3 carries a mandatory life sentence, a new sentencing hearing is not required, but we remand the case to the trial court for the entry of a completed judgment form as to count 3. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Sedrick D. Williams
The petitioner, Sedrick D. Williams, appeals the Knox County Criminal Court’s summary dismissal of his motion to correct what he believes to be an illegal sentence, filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Jeannette Jives-Nealy
Defendant, Jeannette Jives-Nealy, was convicted by a jury of theft over $60,000 and money laundering. The trial court sentenced Defendant to a total effective sentence of twenty-four years’ incarceration. On appeal, Defendant asserts that: (1) the evidence was insufficient to support her convictions; (2) the trial court erred when it failed to sever the two counts of the indictment; (3) the trial court erred in allowing the jury to hear evidence of prior bad acts under Tennessee Rule of Evidence 404(b); (4) the trial court imposed an excessive sentence; and (5) the trial court erred by ordering Defendant to pay restitution to a victim, who had been paid in a previous civil court settlement. Following a thorough review of the record and applicable case law, we affirm the judgments of the trial court and remand for entry of an amended judgment for money laundering. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. LaCurtis Odom
The Defendant, LaCurtis Odom, was indicted on one count of premeditated first degree murder, a Class A felony; one count of first degree felony murder, a Class A felony; one count of theft of property valued at more than $1,000, a Class D felony; one count of criminal attempt to commit especially aggravated robbery, a Class B felony; and one count of unlawful possession of a handgun by a convicted felon, a Class E felony. See Tenn. Code Ann. §§ 39-12-101, -13-202, -14-103, -17-1307. Following a jury trial, the Defendant was convicted as charged. The trial court imposed a total effective sentence of life plus eighteen years, twelve years of which were to run consecutively to the Defendant’s sentence in a previous case. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his convictions for premeditated first degree murder, felony murder, and attempted especially aggravated robbery; (2) that relative to the murder charges, the trial court failed to instruct the jury on the lesserincluded offense of reckless homicide; and (3) that the trial court erred by imposing consecutive sentencing. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joshua Fisher
The Defendant, Joshua Fisher, appeals his conviction for first degree premeditated murder for which he received a sentence of life imprisonment. On appeal, the Defendant contends that the trial court erred in admitting evidence of the Defendant’s prior threats and acts of violence against the victim pursuant to Rule 404(b) of the Tennessee Rules of Evidence. Upon reviewing the record and the applicable law, we affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals |
