Christopher Lee Blunkall v. State of Tennessee
The Petitioner, Christopher Lee Blunkall, appeals from the denial of his petition for post-conviction relief, wherein he challenged his jury conviction for rape of a child. On appeal, the Petitioner alleges that he received ineffective assistance because trial counsel (1) failed to file suppression motions concerning multiple items of evidence, including the text message communications between the Petitioner and the victim, certain phone records, the Petitioner’s banking records and the automated teller machine (“ATM”) surveillance video showing the Petitioner’s withdrawing money, the traffic stop, and the Petitioner’s statement to the police; (2) failed to rebut the medical testimony from the State’s expert; and (3) failed to pursue a preliminary hearing, adequately investigate the victim’s background, or vigorously cross examine and impeach the victim. The Petitioner further contends that the State committed prosecutorial misconduct by failing to provide the defense with favorable evidence—the victim’s juvenile record—and by certain statements made during closing arguments. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Aaron Hatfield
The defendant, Aaron Hatfield, appeals the denial of his bid for judicial diversion of the three-year sentence imposed for his Knox County Criminal Court guilty-pleaded conviction of aggravated assault. Following our review, we conclude that the defendant is entitled to judicial diversion. We remand the case for entry of an order placing the defendant on judicial diversion under the same terms and conditions of the previously imposed sentence of probation. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Aaron Hatfield - dissenting opinion
I respectfully disagree with the conclusion reached by the majority in this case. For the reasons that follow, I would affirm the trial court’s judgment denying judicial diversion. The trial court considered and weighed on the record the factors governing judicial diversion for a qualified defendant set forth in State v. Parker, 932 S.W.2d 945 (Tenn. Crim. App. 1996) and State v. Electroplating, Inc., 990 S.W.2d 211 (Tenn. Crim. App. 1998). Therefore, we review the trial court’s decision under an “abuse of discretion standard accompanied by a presumption of reasonableness.” State v. King, 432 S.W.3d 316, 329 (Tenn. 2014). Although the trial court could have been more artful in its oral findings, the trial court’s findings, as set forth in the majority opinion, are in my opinion sufficient to determine that the trial court did not abuse its discretion in denying judicial diversion and that the trial court’s decision was reasonable. |
Knox | Court of Criminal Appeals | |
Jerome Maurice Teats v. State of Tennessee
The Petitioner, Jerome Maurice Teats, filed for post-conviction relief from his conviction of one count of aggravated robbery and four convictions of especially aggravated kidnapping. The Petitioner alleged that based upon the advice of trial counsel, he rejected plea offers and decided to go to trial. The Petitioner further alleged that appellate counsel was ineffective by failing to include a suppression issue in the application for permission to appeal to the supreme court. The post-conviction court found that the Petitioner failed to prove that either trial counsel or appellate counsel were ineffective. On appeal, the Petitioner challenges this ruling. Upon review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Martin Hughes v. State of Tennessee
The Petitioner, Martin Hughes, appeals the Trousdale County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. In 2014, the Petitioner entered a guilty plea to several offenses and received an effective five-year sentence. He was later convicted of two new offenses and received concurrent sentences of ten and fifteen years, served consecutively to his five-year sentence. On appeal, the Petitioner alleges that his five-year sentence has expired and that he is being held illegally because the Tennessee Department of Correction (TDOC) incorrectly calculated this sentence and erred in denying him a parole hearing. We affirm the summary dismissal of the petition. |
Trousdale | Court of Criminal Appeals | |
Anmichael Leonard v. State of Tennessee
Petitioner, Anmichael Leonard, appeals from the denial of his petition for post-conviction relief. Petitioner was convicted by a Shelby County Criminal Court jury of theft of property valued at $1000 or more but less than $10,000, identity theft, and fraudulent use of a credit card. The trial court sentenced Petitioner to an effective sentence of twentyfour years in confinement. A panel of this court affirmed Petitioner’s convictions on direct appeal. State v. Anmichael Leonard, No. 2015-01313-CCA-R3-CD, 2016 WL 1446440 (Tenn. Crim. App. Apr. 12, 2016), perm. app. denied (Tenn. Aug. 19, 2016). Petitioner filed a timely petition for post-conviction relief, alleging that his trial counsel provided ineffective assistance. Following an evidentiary hearing, the post-conviction court denied relief. Having reviewed the record and the briefs of the parties, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Leterpa Mosley v. State of Tennessee
The Petitioner, Leterpa Mosley, along with two co-defendants, was convicted of first degree premeditated murder, felony murder, and especially aggravated robbery. The trial court imposed an effective sentence of life in the Tennessee Department of Correction. On appeal, this court affirmed the Petitioner’s convictions and sentences. See State v. Charles McClain, No. W2013-00328-CCA-R3-CD, 2014 WL 4754531, (Tenn. Crim. App., Jackson, Sept. 24, 2014), perm. app. denied (Tenn. Jan. 15, 2015). The Petitioner filed a pro se petition for post-conviction relief and, after appointment of counsel, filed amended petitions alleging ineffective assistance of counsel and violation of his due process rights. Additionally, the Petitioner filed a petition for writ of habeas corpus, claiming the trial court lacked jurisdiction to sentence him and a petition for writ of error coram nobis, claiming newly discovered evidence in the form of an exculpatory letter written by a trial witness. After hearings, the post-conviction court denied the petitions. After review, we affirm. |
Shelby | Court of Criminal Appeals | |
Deandre Blake v. State of Tennessee
In 2009, a Shelby County jury convicted the Petitioner, Deandre Blake, of first degree felony murder during the perpetration of aggravated child abuse and first degree felony murder during the perpetration of aggravated child neglect, and the trial court merged the convictions and sentenced the Petitioner to life in prison. This court affirmed the Petitioner’s convictions and remanded the case for the entry of a modified judgment. State v. Deandre Blake, No. W2010-00468-CCA-R3-CD, 2011 WL 4433651, at *1 (Tenn. Crim. App., at Jackson, Sept. 23, 2011), perm. app. denied (Tenn. Feb 15, 2015) (designated not for citation). The Petitioner did not appeal his convictions but did file a timely post-conviction petition, which was denied. This court affirmed. Deandre Blake v. State, W2015-01423-CCA-R3-PC, 2016 WL 4060696, at *1 (Tenn. Crim. App., at Jackson, July 27, 2016), perm. app. denied (Tenn. Nov. 22, 2016). The Petitioner filed a petition for habeas corpus relief alleging that his counsel was ineffective, and the habeas court summarily dismissed the petition, finding that the Petitioner had failed to comply with the habeas corpus statute by failing to attach his judgments and failing to raise a colorable claim. The Petitioner filed a motion to alter the order dismissing his petition, attaching the judgments and asking the habeas court to consider previous post-conviction testimony. The habeas court denied his motion. On appeal to this court, the Petitioner maintains that he is entitled to habeas corpus relief. After review, we affirm the habeas |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Jason D. Kubelick
The Defendant, Jason D. Kubelick, pleaded guilty to aggravated sexual battery. By agreement, the Defendant’s sentence was four years with six years on the sex offender registry with the manner of service to be determined by the trial court. The trial court ordered the Defendant to serve his four-year sentence in confinement. On appeal, the Defendant contends that the trial court erred when it denied him judicial diversion and imposed a sentence of confinement. After a thorough review of the record and applicable law, we affirm the trial court’s judgment. |
Rhea | Court of Criminal Appeals | |
State of Tennessee v. Kennedy Fleming
Defendant, Kennedy Fleming, appeals from the trial court’s order revoking his sentence of probation and ordering him to serve the balance of his sentence in confinement. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Teresa Diana Poston
The Defendant, Teresa Diana Poston, pleaded guilty to theft of property valued over $2,500 with an agreed sentence of two years of probation. The parties agreed to a separate hearing to determine whether the trial court would grant the Defendant judicial diversion. After the hearing, the trial court denied the Defendant’s request for judicial diversion and imposed the agreed upon sentence. On appeal, the Defendant contends that the trial court erred when it denied her request for judicial diversion. After review, we vacate the judgment of the circuit court and remand for a new hearing. |
Claiborne | Court of Criminal Appeals | |
State of Tennessee v. Franklin Dee Rose
The defendant, Franklin Dee Rose, appeals the Sullivan County Criminal Court’s denial of alternative sentencing for his guilty-pleaded convictions of kidnapping, aggravated domestic assault, possession of a schedule I controlled substance, possession of XLR 11, and possession of drug paraphernalia. Discerning no error, we affirm. |
Sullivan | Court of Criminal Appeals | |
Rashan Lateef Jordan v. State of Tennessee
Petitioner, Rashan Lateef Jordan, appeals from the dismissal of his petition for writ of habeas corpus relief. He contends that the trial court’s failure to inform him of the “direct and punitive consequences” of his accepting a guilty plea requiring community supervision for life renders his guilty plea void and that habeas corpus relief should have been granted. Upon consideration of the record and the applicable authorities, we affirm the judgment of the habeas corpus court. |
Knox | Court of Criminal Appeals | |
Antonio Oliver v. State of Tennessee
The Petitioner, Antonio Oliver, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his first degree murder conviction, for which he is serving a life sentence. The Petitioner contends that he received the ineffective assistance of trial counsel. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Demarcus Ant-Juan Nelson v. State Of Tennessee
Petitioner, Demarcus Nelson, appeals the denial of his post-conviction petition. Petitioner argues that he received ineffective assistance of counsel in litigating his motion to suppress; that the State presented false testimony at the suppression hearing; that trial counsel was ineffective in failing to provide accurate advice concerning the gang enhancement statute; and that his guilty plea was involuntary. Following a review of the briefs of the parties and the entire record, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Tequan Laquarious Evans
The Defendant, Tequan Laquarious Evans, was convicted after a bench trial of possession with the intent to sell or to deliver not less than one-half ounce nor more than ten pounds of marijuana, a Class E felony, possession of a firearm with the intent to go armed during the commission of a dangerous felony, a Class D felony, possession of alprazolam, a Class A misdemeanor, possession of drug paraphernalia, a Class A misdemeanor, and escape, a Class A misdemeanor. See T.C.A. §§ 39-17-417(a)(4) (2018) (possession with intent to sell and to deliver), 39-17-1324(a) (2018) (unlawful possession of firearm), 39-17-418 (2018) (misdemeanor drug possession), 39-17-425 (possession of drug paraphernalia); 39-16-605 (2018) (escape). The trial court imposed sentences of one year at 30% service for possession with the intent to sell or to deliver, three years at 100% service for unlawful firearm possession, and eleven months, twenty-nine days at 75% service each for possession of Alprazolam, possession of drug paraphernalia, and escape. The court ordered consecutive service of the firearm and escape convictions, for an effective sentence of three years, eleven months, and twenty-nine days. The possession with the intent to sell or to deliver conviction was ordered to be served consecutively to a conviction in an unrelated case. On appeal, the Defendant contends that the evidence is insufficient to support his convictions for possession with the intent to sell or to deliver not less than one-half ounce nor more than ten pounds of marijuana and possession of a firearm with the intent to go armed during the commission of a dangerous felony. We affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Coray Eugene Knight
In November 2013, a Montgomery County grand jury returned a ten-count indictment against the defendant, Coray Eugene Knight, and his two co-defendants, Kelley Hufford and Frederick Persinger, charging them with conspiracy to commit first degree murder, first degree premeditated murder, first degree felony murder, two counts of especially aggravated kidnapping, three counts of aggravated kidnapping, abuse of a corpse, and tampering with evidence. A jury convicted the defendant as charged on all counts and he received an effective life sentence. On appeal, the defendant challenges the sufficiency of the evidence supporting his conviction for first degree premeditated murder. He also challenges the jurisdiction of the trial court and several of its rulings, including: the denial of his motion to suppress the statements he made prior to trial; the ruling finding Mr. Persinger competent to testify at trial; the denial of his motions for a mistrial, for judgment of acquittal, and for a new trial; and the denial of his request for a jury instruction on the defense of others. Based upon our review of the record, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
Thomas Dowlen v. State of Tennessee
The Petitioner, Thomas Dowlen, appeals the Robertson County Circuit Court’s denial of his petition for post-conviction relief from his 2014 conviction for first degree murder and sentence of life imprisonment. The Petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Willie Morgan
Defendant, Willie Morgan, appeals from the trial court’s dismissal of his “Petition for Reduction of Sentence.” The trial court found that the petition was untimely under Tennessee Rule of Criminal Procedure 35. Upon our review of the record, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Audrey Downs
The Appellant, Audrey Downs, appeals the Shelby County Criminal Court’s summary dismissal of his petition requesting DNA analysis of evidence pursuant to the Post-Conviction DNA Analysis Act of 2001. Based upon the record and the parties’ briefs, the judgment of the trial court is reversed, and the case is remanded for further proceedings consistent with this opinion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Matthew Edward Ford
The defendant, Matthew Edward Ford, appeals the Blount County Circuit Court’s order revoking his probation and ordering him to serve the balance of his misdemeanor sentences in confinement. Discerning no error, we affirm. |
Blount | Court of Criminal Appeals | |
In re: Rader Bonding Company
In this appeal, we must determine whether the Appellant, Rader Bonding Company (“Rader”), remained obligated as surety for the $7,500 bond set for the Defendant, Saul Aldaba-Arriaga, for a charge of driving under the influence of an intoxicant (“DUI”), second offense, and his $2,500 bond for a charge of driving on a revoked license when the State later obtained an indictment that increased the severity of the Defendant’s misdemeanor charge of DUI second offense to a felony charge of DUI fourth offense and included additional charges. After the Defendant failed to appear in court on the indicted charges, the trial court initiated forfeiture proceedings and entered a final judgment of forfeiture against the Defendant and Rader following a hearing. We conclude that based on the specific and unique circumstances of this case, Rader’s obligation under the bonding agreement for the $7,500 bond on the Defendant’s DUI second offense charge in general sessions court did not extend to the indicted charge of DUI fourth offense and that as a result, the trial court erred in entering a judgment of final forfeiture against Rader on the $7,500 bond. We further conclude that Rader’s obligation for the $2,500 bond on the Defendant’s charge of driving on a revoked license in general sessions court continued when the Defendant was indicted for the same offense and that the trial court did not abuse its discretion in denying Rader’s request for exoneration. Accordingly, the trial court’s judgment is affirmed in part and reversed in part, and this case is remanded for further proceeding in accordance with this opinion. |
Davidson | Court of Criminal Appeals | |
In re: Rader Bonding Company - dissenting
I dissent from the majority’s holding that the trial court erred in denying Rader Bonding Company’s motion for exoneration and in denying the motion to alter or amend the judgment of forfeiture. |
Davidson | Court of Criminal Appeals | |
Paul Brent Baxter v. State of Tennessee
The petitioner, Paul Brent Baxter, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial. Within the context of his post-conviction claims, the petitioner argues trial counsel was ineffective for failing to object to the State asking the victim to compare her pain level as a result of the petitioner’s assault to the pain she experienced at other points in her life. Following our review, we affirm the denial of the petition. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. William Ingram
A Shelby County Criminal Court Jury convicted the Appellant, William Ingram, of aggravated assault, and the trial court sentenced him to six years in the Shelby County workhouse. On appeal, the Appellant challenges the sufficiency of the evidence sustaining his conviction. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals |
