State of Tennessee v. Quintis McCaleb
The State, pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure, appeals the trial court’s grant of Defendant’s motion to suppress inculpatory statements made during his post-polygraph interview. The trial court found that the statements were voluntary but determined that they were inadmissible under Tennessee Rule of Evidence 403 because Defendant would be required to reference the polygraph examination to provide context for Defendant’s statements made during the post-polygraph interview. Concluding that the trial court abused its discretion by excluding the statements, we reverse the judgment of the trial court and remand this case for further proceedings consistent with this opinion. |
Hamilton | Court of Criminal Appeals | |
Quincy Moutry v. State of Tennessee
The Petitioner, Quincy Moutry, appeals the post-conviction court’s denial of his petition for post-conviction relief in which he challenged his convictions for carjacking, aggravated robbery, and possession of a firearm with the intent to go armed during the commission of a dangerous felony and his effective twenty-seven-year sentence. On appeal, the Petitioner asserts that he received ineffective assistance of counsel at trial. Upon reviewing the record and the applicable law, we affirm the judgment of the postconviction court. |
Knox | Court of Criminal Appeals | |
Charles D. Johnson v. State of Tennessee
The Petitioner, Charles D. Johnson, appeals the habeas corpus court’s dismissal of his petition for writ of habeas corpus in which the Petitioner argued that he was never indicted on his convicted offense. After a thorough review of the record and applicable law, we affirm the dismissal of his petition in accordance with Rule 20, Rules of the Court of Criminal Appeals. |
Bledsoe | Court of Criminal Appeals | |
Danny Anderson v. State of Tennessee
The Petitioner, Danny Anderson, appeals the habeas corpus court’s dismissal of his petition for writ of habeas corpus. We conclude that the Petitioner’s notice of appeal was untimely filed, and the interest of justice does not support waiver of the timely filing requirement. Therefore, we dismiss the appeal. |
Bledsoe | Court of Criminal Appeals | |
State of Tennessee v. John Baskins
The defendant, John Baskins, appeals his Knox County Criminal Court guilty-pleaded convictions of rape of a child and especially aggravated sexual exploitation of a minor, claiming that the trial court erred in the misapplication of an enhancement factor and that the 40-year sentence imposed was excessive. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Jennifer Lynn Mosier
The Defendant, Jennifer Lynn Mosier, entered a nolo contendere plea to DUI in the Madison County Circuit Court and was sentenced to 11 months, 29 days in the county jail, suspended after 48 hours. As a condition of her guilty plea, she attempted to reserve a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) regarding the validity of the arrest warrant. Because we agree with the State that the Defendant failed to comply with the strict requirements for properly certifying a question of law, we dismiss the appeal for lack of jurisdiction. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Leonardo Williams
The pro se Defendant, Leonardo Williams, appeals from the trial court’s denial of his “Motion to Vacate, Set Aside, or Correct an Illegal Sentence.” Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ronald Wayne Gilbert
The defendant, Ronald Wayne Gilbert, appeals his Sevier County Criminal Court jury convictions of especially aggravated kidnapping and aggravated assault, challenging both the trial court’s denial of his motion to strike the victim’s testimony and his motion to dismiss based upon the failure to preserve certain evidence. We affirm the convictions and sentence but remand for correction of a clerical error in the judgment. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Michael C. Carter
Defendant, Michael C. Carter, was charged via presentment with one count of failure to appear, one count of being a habitual traffic offender, one count of failure to provide law enforcement evidence of financial responsibility, one count of operating a motor vehicle on a public road with a false registration, and one count of failure to dim headlights within 500 feet of an oncoming vehicle. Defendant pled guilty and was sentenced to an effective sentence of four years in incarceration. Defendant appeals to this Court, arguing that the trial court improperly denied alternative sentencing. After a complete review of the record, we affirm the judgments of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Frank Edward Small
The Defendant, Frank Edward Small, was convicted by a Sullivan County Circuit Court jury of robbery, a Class C felony, and home improvement fraud, a Class D felony. See T.C.A. §§ 39-13-401 (2014) (robbery), 39-14-154 (2010) (amended 2012, 2017) (home improvement fraud). He received a Range I, effective five-year sentence to be served in the Department of Correction. On appeal, he contends that (1) the evidence is insufficient to support his convictions and (2) the trial court erred in denying his motion to review the victim’s medical records. We affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. William S. Vanwinkle
The Defendant, William S. Vanwinkle, pleaded guilty in case numbers F-72538 and F- 74515 to initiating a process intended to result in the manufacture of methamphetamine, see T.C.A. § 39-17-435, and in case number M-75892 to shoplifting, see id. § 39-14-146. In this appeal, the Defendant contends that the twenty-year effective sentence imposed in this case is excessive and that the trial court erred by denying all forms of alternative sentencing. After a thorough review of the record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court. |
Court of Criminal Appeals | ||
State of Tennessee v. Willie Jermaine Cunningham
Defendant, Willie Jermaine Cunningham, appeals from the dismissal of several attempts to receive relief from an “illegal sentence” under Tennessee Rule of Criminal Procedure 36.1. Because Defendant has failed to state a colorable claim for relief, we affirm the dismissal of the motion for relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jasper Vick
The defendant, Jasper Vick, appeals from the Shelby County Criminal Court’s denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. The defendant contends his sentences are illegal because the court clerk failed to sign his original and superseding indictments. Discerning no error, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Larry E. Orozco
The Defendant, Larry E. Orozco, was convicted of two counts of attempted second degree murder, two counts of unlawful employment of a firearm during an attempt to commit a dangerous felony, and seven counts of reckless endangerment committed with a deadly weapon. The trial court sentenced him as a Range I, standard offender to an effective term of thirty-one years’ imprisonment. On appeal, the Defendant argues that (1) the trial court erred in admitting certain evidence in violation of Tennessee Rules of Evidence 403 and 404(b); (2) the evidence was insufficient to sustain his convictions; and (3) his sentence was erroneous and excessive. After a thorough review of the record and briefs, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Larry E. Orozco - Concurring in Part, Dissenting in Part
I join the majority in affirming the Defendant’s convictions for two counts of attempted second degree murder, two counts of unlawful employment of a firearm during the attempt to commit a dangerous felony, and seven counts of reckless endangerment committed with a deadly weapon. I write separately to dissent from the majority’s conclusion that the trial court did not err by admitting exhibit 13, the photograph showing the Defendant pointing two handguns at the camera, into evidence. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. John Wesley Cantrell, Jr.
The Appellant, John Wesley Cantrell, Jr., pled guilty in the Davidson County Criminal Court to possessing one-half gram or more of cocaine with intent to sell and selling less than one-half gram of cocaine and received ten- and three-year sentences, respectively, to be served on supervised probation. Subsequently, the trial court revoked his probation. On appeal, the Appellant contends that the trial court erred by ordering that he serve his ten-year sentence in confinement. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Robert Edward Fritts v. State of Tennessee
Petitioner, Robert Edward Fritts, was convicted of first degree murder and received a sentence of life without the possibility of parole. See State v. Robert Edward Fritts, No. E2012-02233-CCA-R3-CD, 2014 WL 545474, at *1 (Tenn. Crim. App. Feb. 10, 2014), perm. app. denied (Tenn. Sept. 19, 2014). Petitioner’s conviction was affirmed on direct appeal. Id. Petitioner subsequently sought post-conviction relief on the basis of a multitude of allegations of ineffective assistance of counsel. The post-conviction court denied relief after a hearing. After a complete review, we affirm the judgment of the post-conviction court. |
Anderson | Court of Criminal Appeals | |
Charles Elsea v. State of Tennessee
Petitioner, Charles Elsea, appeals the denial of his petition for post-conviction DNA analysis on unprocessed specimens relating to his October 10, 1997 conviction for first degree murder. Because we hold that even favorable DNA results from the unprocessed specimens do not create a reasonable probability that Petitioner would not have been prosecuted or convicted or would have received a more favorable verdict or sentencing, we affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Peterpal T. Tutlam
A Davidson County Criminal Court Jury convicted the Appellant, Peterpal T. Tutlam, of two counts of especially aggravated robbery, two counts of especially aggravated kidnapping, and two counts of aggravated rape, Class A felonies. After a sentencing hearing, the trial court sentenced the Appellant to twenty-five years for each conviction and ordered that the sentences be served consecutively for a total effective sentence of one hundred fifty years. On appeal, the Appellant contends that his effective sentence is excessive. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Bobby Ray Graves, Jr.
A Warren County Circuit Court Jury convicted the Appellant, Bobby Ray Graves, Jr., of failure to appear, a Class E felony, and the trial court sentenced him to six years in confinement. On appeal, the Appellant contends that the evidence is insufficient to support the conviction because the State failed to prove that he “went into hiding to avoid prosecution” and that the State committed prosecutorial misconduct during closing arguments. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Jamie Crowell
The Defendant, Jamie Crowell, was convicted by a Chester County Circuit Court jury of aggravated kidnapping, a Class B felony; facilitation of aggravated assault, a Class D felony; possession of methamphetamine with intent to sell, a Class B felony; possession of methamphetamine with intent to deliver, a Class B felony; possession of a Schedule II controlled substance, oxymorphone, a Class A misdemeanor; and possession of drug paraphernalia, a Class A misdemeanor. The trial court merged the methamphetamine convictions into one conviction and sentenced the Defendant to a total effective term of seventeen years in the Tennessee Department of Correction. On appeal, the Defendant argues that: (1) the evidence is insufficient to sustain his convictions; (2) the State’s questioning about the prior methamphetamine use of defense witnesses denied him a fair trial; and (3) the trial court imposed an excessive sentence. After review, we affirm the judgments of the trial court. |
Chester | Court of Criminal Appeals | |
Delvin Allison v. State of Tennessee
Petitioner, Delvin Allison, pled guilty to aggravated robbery with an agreed sentence of seven years and two months as a mitigated offender, which was ordered to be served in the Department of Correction. Petitioner now appeals the post-conviction court’s denial of his petition for post-conviction relief in which he contends: the post-conviction court improperly determined that he was not entitled to discovery of the audio recording of the juvenile court transfer hearing; trial counsel rendered ineffective assistance both prior to and during the guilty plea proceedings; and his guilty plea was not knowing and voluntary. Upon reviewing the record and the applicable law, we affirm the judgment of the post-conviction court. |
Shelby | 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 reverse the judgment of the post-conviction court and remand the case for additional findings of fact and conclusions of law. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Ashley N. Menke
On July 14, 2016, Ashley N. Menke, the Defendant, entered an open guilty plea in Case No. 925-CR-2015 to five felonies and three misdemeanors, including one count of theft in the amount of $1,000 or more but less than $10,000 (Count 9), and to a violation of probation in Case No. 268-CR-2014. The value of the property taken in Count 9 was exactly $1,000, and the Defendant was released on bail for felony offenses in Counts 3, 4, 5, and 6 at the time she committed the theft in Count 9. Following the December 2, 2016 sentencing hearing, the trial court took the matter under advisement without sentencing the Defendant. On January 1, 2017, the Public Safety Act of 2016 became effective. Section 5 of the Public Safety Act “deleted and replaced” Tennessee Code Annotated section 39-14-105(a), the “grading of theft” statute. Theft in the amount of $1,000 or less committed after January 1, 2017, is now graded as a Class A misdemeanor. In its March 10, 2017 sentencing order, the trial court imposed an eleven month and twenty-nine day sentence in Count 9 based on the criminal savings statute, Tennessee Code Annotated section 39-11-112, and ordered the sentence to be served concurrently with the effective three-year sentence for the other seven counts. The judgment states that the conviction offense is a Class D felony. We hold that the criminal savings statute does not apply and that the trial court erred in sentencing the Defendant in Count 9 to a concurrent sentence of eleven months and twenty-nine days because of the following: (1) the General Assembly did not specifically indicate that Section 5 of the Public Safety Act operated retrospectively so the statute is presumed to operate prospectively; (2) “the value of the property or services obtained” is an essential element of the offense of theft; and (3) the legislature changed an essential element of, not the sentence for, Class A misdemeanor theft, Class E felony theft, and Class D felony theft. We affirm the judgment of conviction for the Class D felony theft in Count 9, vacate the sentence in Count 9, and remand the case to the trial court for resentencing within the applicable range for Class D felony theft and for consecutive alignment of the sentence pursuant to Tennessee Code Annotated section 40-20-111(b) and Tennessee Rule of Criminal Procedure 32(c)(3)(C). |
Sumner | Court of Criminal Appeals | |
Robert Earl Borner v. State of Tennessee
The Petitioner, Robert Earl Borner, appeals the dismissal of his petition for writ of habeas corpus. He argues that the indictment is void because it failed to state the essential elements of the conviction offense. After a thorough review of the record, the briefs of the parties, and the applicable law, we affirm the judgment of the habeas corpus court. |
Trousdale | Court of Criminal Appeals |
