Corey Mitchell v. State of Tennessee
Petitioner, Corey Mitchell, appeals from the denial of his petition for post-conviction relief. He raises two issues on appeal: (1) he was denied a full and fair hearing in the post-conviction proceedings, and (2) his guilty plea was not knowingly, voluntarily, and intelligently made due to the ineffective assistance of counsel rendered by his trial counsel. After review of the arguments of the parties and the entire record, we conclude that Petitioner is entitled to relief on his first issue. Accordingly, we reverse the judgment of the post-conviction court and remand this matter for a new hearing. Furthermore, the interests of justice require that under the circumstances of this case, and to insure the public perception of a fair and impartial hearing, the post-conviction proceedings must be heard by a different judge than the one who has previously heard the proceedings. In light of our conclusion and disposition of the first issue, issue two is pretermitted at this time. |
Shelby | Court of Criminal Appeals | |
Matthew Dixon v. State of Tennessee
The pro se Petitioner, Matthew Dixon, appeals the summary dismissal of his petition for writ of habeas corpus and post-conviction DNA analysis. Following our review, we affirm the summary dismissal of the petition. |
Shelby | Court of Criminal Appeals | |
David Michael Blevins v. State of Tennessee
Petitioner, David Michael Blevins, appeals the Sullivan County Criminal Court’s denial of his petition for post-conviction relief. On appeal, he contends that the post-conviction court improperly found: (1) that he had waived his independent claim regarding a speedy trial violation and (2) that trial counsel did not render ineffective assistance of counsel by failing to raise the speedy trial issue. Having reviewed the record before us, we affirm the judgment of the post-conviction court. |
Sullivan | Court of Criminal Appeals | |
Nathaniel Walker v. State of Tennessee
The Petitioner, Nathaniel Walker, appeals the denial of his petition for post-conviction relief, arguing that his trial counsel provided ineffective assistance of counsel and that his guilty pleas were unknowingly and involuntarily entered. Following our review, we affirm the summary denial of the petition. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Wesley Lynn Hatmaker
Wesley Lynn Hatmaker (“the Defendant”) pled guilty to two counts of theft of property valued between $10,000 and $60,000 (Counts 1 and 6) and four counts of theft of property valued between $60,000 and $250,000 (Counts 2, 3, 4, and 5). The trial court imposed concurrent sentences of three years and six months for Counts 1 and 6, and concurrent sentences of ten years and six months for Counts 2, 3, 4, and 5, with Counts 1 and 2 to be served consecutively and all others concurrently, for an effective sentence of fourteen years in the Department of Correction with a release eligibility of thirty percent. The Defendant asserts that the trial court improperly applied sentencing factors, improperly imposed consecutive sentences, and improperly denied alternative sentencing. Upon review, we affirm the judgments of the trial court. |
Campbell | Court of Criminal Appeals | |
State of Tennessee v. Donaven Brown
Defendant, Donaven Brown, appeals the trial court’s denial of his motion to correct an illegal sentence filed pursuant to Tennessee Rule of Criminal Procedure 36.1. After careful consideration, we affirm the judgment of the trial court. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Bobby McKinley
The pro se Defendant, Bobby McKinley, appeals the Shelby County Criminal Court’s denial of his motion to vacate his judgments for aggravated robbery, arguing that the uniform judgment forms were not properly entered because the “file-stamp” was not on the face of the judgments and the judgments contained other clerical errors. Following our review, we dismiss the appeal for lack of jurisdiction. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marquel Stewart
The Defendant, Marquel Stewart, was convicted by a Shelby County jury of aggravated robbery, see T.C.A. § 39-13-402, for which he received a sentence of eight years. In this appeal, he argues that the trial court erred in (1) conditioning his motion to continue the trial upon revocation of his bond, (2) admitting a shirt and bandana into evidence without proper authentication or chain of custody, and (3) admitting the Defendant’s jail phone calls into evidence. Upon our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Thomas F. Greenwood v. State of Tennessee
The Petitioner, Thomas F. Greenwood, appeals the post-conviction court’s denial of his petition for post-conviction relief in which he challenged his convictions of felony murder during the perpetration of aggravated child neglect, reckless homicide, aggravated child abuse, and aggravated child neglect. On appeal, the Petitioner contends that trial counsel was ineffective by failing to retain an expert, present certain witnesses, and properly prepare the Petitioner for trial. Upon reviewing the record and the applicable law, we affirm the judgment of the post-conviction court. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Bobbie Sue Maddle
The Defendant, Bobbie Sue Maddle, pleaded guilty to five counts of sale of less than .5 grams of methamphetamine, a Class C felony, and two counts of sale of more than .5 grams of methamphetamine, a Class B felony. The trial court imposed an effective fifteen-year sentence. On appeal, the Defendant contends that the trial court abused its discretion when it enhanced her sentences and when it denied her request for a sentence of split confinement with Community Corrections. The Defendant also contends that current sentencing law effectively denied appellate review on these issues. After review, we affirm the trial court’s judgments. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Brian C. Frelix
A Williamson County jury convicted the Defendant, Brian C. Frelix, of four counts of aggravated robbery, four counts of aggravated assault, one count of aggravated burglary, and one count of theft of property valued at one thousand dollars or more, but less than ten thousand dollars. After a sentencing hearing, the trial court sentenced the Defendant to an effective sentence of thirty-eight years in the Tennessee Department of Correction. On appeal, the Defendant asserts that the trial court improperly: (1) denied his motion to suppress; (2) allowed Special Agent Andrew Vallee to testify based upon unreliable phone records; (3) admitted letters and testimony constituting hearsay; (4) admitted the victim’s stolen credit cards; (5) admitted information from a co-defendant’s Facebook page; and (6) imposed consecutive sentences. After review, we affirm the trial court’s judgments. |
Williamson | Court of Criminal Appeals | |
Michael D. Williams v. State of Tennessee
The Petitioner, Michael D. Williams, appeals from the post-conviction court’s summary dismissal of his petition for post-conviction relief. The Petitioner argues, for the first time on appeal, that summary dismissal was improper because principles of due process require due process tolling. Upon review, we conclude that the Petitioner has waived his due process claim and affirm summary dismissal. |
Davidson | Court of Criminal Appeals | |
Jermaine Rashad Carpenter v. Tamara Ford, Warden
The pro se Petitioner, Jermaine Rashad Carpenter, appeals the summary dismissal of his petition for writ of habeas corpus. Following our review, we affirm the dismissal of the petition. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Christopher Orlando Lyles
The Defendant, Christopher Orlando Lyles, was convicted by a Madison County Circuit Court jury of first degree felony murder; second degree murder, a Class A felony; two counts of especially aggravated kidnapping, Class A felonies; three counts of attempted aggravated robbery, Class C felonies; and aggravated burglary, a Class C felony, and was sentenced to an effective term of life imprisonment. On appeal, the Defendant argues that the trial court erred in granting the State two continuances and that the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Cameo Antoinette Edwards
Following a bench trial, the Defendant, Cameo Antoinette Edwards, was convicted in the Haywood County Circuit Court of assault and contributing to the delinquency of a minor, both Class A misdemeanors. The trial court subsequently sentenced her to concurrent terms of eleven months, twenty-nine days for each conviction, suspended to supervised probation following service of thirty days in the county jail. On appeal, the Defendant argues that the evidence is insufficient to sustain her convictions and that the trial court erred by not granting her full probation. Following our review, we affirm the judgments of the trial court. |
Haywood | Court of Criminal Appeals | |
State of Tennessee v. Richard Lebron Madden, Sr.
The Defendant, Richmond Lebron Madden, Sr., was convicted by a jury of one count of possession of 0.5 grams or more of methamphetamine with intent to sell or deliver. On appeal, the Defendant contends that (1) the evidence presented at trial was insufficient to support his conviction; (2) the trial court erred in allowing a witness to testify about the Defendant’s relationship with his co-defendant and his living arrangements; (3) the trial court erred in denying his motion to suppress, which challenged the legality of the stop resulting in the Defendant’s arrest; and (4) the trial court abused its discretion by denying the Defendant an alternative sentence and sentencing him to nine years and six months of incarceration. Following our review, the judgment of the trial court is affirmed and remanded for entry of a corrected judgment. |
Rhea | Court of Criminal Appeals | |
State of Tennessee v. Timothy Wayne Tidwell
Defendant, Timothy Wayne Tidwell, was indicted by the Bedford County Grand Jury for one count of arson. Defendant was convicted as charged by a jury and sentenced by the trial court as a Range III offender to 15 years in the Tennessee Department of Correction. In this appeal as of right, Defendant contends that the evidence at trial was insufficient to support his conviction and that his sentence was excessive. Finding no error, we affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Ernesto Delgadilo Rodriquez
A Knox County jury convicted the Defendant, Ernesto Delgadilo Rodriguez, of resisting arrest and assault. The trial court sentenced the Defendant to six months for the resisting arrest conviction and to eleven months and twenty-nine days for the assault conviction. On appeal, the Defendant challenges (1) a jury instruction of the definition of “arrest”; (2) the sufficiency of the evidence; and (3) the admissibility of evidence regarding alcohol and drug use. After a thorough review of the record and applicable law, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Miko T. Burl
The Appellant, Miko T. Burl, is appealing the trial court’s denial of his motion to correct an illegal sentence. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Mario Perkins
The Appellant, Mario Perkins, is appealing the trial court’s denial of his motion to withdraw his guilty plea and to correct an illegal sentence. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Thomas A. Ryan
After entering guilty pleas to four counts of aggravated statutory rape, Defendant, Thomas A. Ryan, was sentenced to four years for each conviction. After a lengthy sentencing hearing, the trial court ordered the sentences to be served consecutively, for a total effective sentence of sixteen years and denied all forms of alternative sentencing. Defendant appeals his sentence to this Court. Because we determine that the trial court did not abuse its discretion in sentencing Defendant to an effective sentence of sixteen years, we affirm the judgments of the trial court. |
Sumner | Court of Criminal Appeals | |
James Odell Osborne v. State of Tennessee
The Petitioner, James Odell Osborne, appeals the Marshall County Circuit Court’s denial of his petition for post-conviction relief from his 2015 convictions for three counts of failure to appear, misdemeanor theft, and felony theft and his effective nine-year sentence. The Petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court. |
Marshall | Court of Criminal Appeals | |
Leopold Mpawinayo v. State of Tennessee
The Petitioner, Leopold Mpawinayo, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2015 convictions for two counts of violating the habitual motor vehicle offender (HMVO) law and his effective six-year sentence. The Petitioner contends that the court erred by denying relief because he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Nelson Troglin
Defendant, Nelson Troglin, appeals the Bledsoe County Circuit Court’s summary dismissal of his pro se motion to correct an illegal sentence for his 2000 conviction for second degree murder, for which he received a sentence of 23 years. Defendant contends the trial court erred by summarily dismissing his motion. We affirm the judgment of the trial court. |
Bledsoe | Court of Criminal Appeals | |
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 |
