State of Tennessee v. David Von Brown
The Defendant, David Von Brown, was convicted by a Madison County Circuit Court jury of possession of .5 grams or more of cocaine with intent to sell, a Class B felony; possession of .5 grams or more of cocaine with intent to deliver, a Class B felony; two counts of possession of a firearm during the commission of a dangerous felony, Class D felonies; two counts of possession of a firearm during the commission of a dangerous felony by one having a prior felony conviction, Class D felonies; and felon in possession of a firearm, a Class D felony. The trial court merged the two drug convictions and imposed a sentence of twelve years on that conviction; the court merged the four various possession of a firearm during the commission of a dangerous felony convictions and imposed a sentence of five years on that conviction; and the court imposed a sentence of five years on the felon in possession of a firearm conviction. The court ordered that the sentence for the possession of a firearm during the commission of a dangerous felony conviction be served consecutively to the other sentences, which were to be served concurrently, for a total effective term of seventeen years in the Department of Correction. On appeal, the Defendant argues that: (1) the evidence is insufficient to sustain his convictions; (2) the verdict is against the weight of the evidence; and (3) the trial court erred in not considering any mitigating factors in determining his sentences. After review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Harold Allen Vaughn
The Defendant, Harold Allen Vaughn, appealed his convictions for attempted first degree murder, aggravated assault, and especially aggravated robbery, contending that the evidence was insufficient to sustain his convictions and that the trial court erred in failing to instruct the jury that his co-defendant was an accomplice as a matter of law. Upon review, this court affirmed the convictions but remanded the case for entry of a separate judgment form in Count 2 reflecting that the Defendant’s aggravated assault conviction was merged with his attempted first degree murder conviction in Count 1. State v. Harold Allen Vaughn, No. W2016-00131-CCA-R3-CD, 2016 WL 7102748, at *10 (Tenn. Crim. App. Dec. 6, 2016), perm. app. granted and case remanded, No. W2016-00131-SC-R11-CD (Tenn. Nov. 17, 2017) (order). On November 17, 2017, the Tennessee Supreme Court granted the Defendant’s pro se application for permission to appeal and remanded the case to this court for reconsideration in light of the supreme court’s opinion in State v. Henderson, 531 S.W.3d 687 (Tenn. 2017). State v. Harold Allen Vaughn, No. W2016-00131-SC-R11-CD (Tenn. Nov. 17, 2017) (order). Upon further review, we vacate the Defendant’s conviction for especially aggravated robbery, modify this conviction to aggravated robbery, and remand the case to the trial court for a new sentencing hearing and for entry of an amended judgment form in Count 4 reflecting this modified conviction and sentence. We also remand the case for entry of corrected judgments forms in Counts 1 and 2 as specified in this opinion. In all other respects, the judgments of the trial court are affirmed. |
Madison | Court of Criminal Appeals | |
Misty Roberts v. Trinity Minter, Warden
In 1994, the Petitioner, Misty Roberts, pled guilty to four counts of aggravated rape and one count of aggravated kidnapping, and she received an effective sentence of thirty-three years. On August 23, 2017, the Petitioner filed a petition for the writ of habeas corpus, alleging that she remained in custody despite the expiration of her sentences and citing alleged errors in the calculation of her release eligibility and the award of pretrial behavior credits. The trial court dismissed the petition, concluding that the sentences were not expired. On appeal, we conclude that the trial court correctly determined that the Petitioner’s sentences were not expired, and we accordingly affirm the trial court’s denial of relief. |
Lauderdale | Court of Criminal Appeals | |
Terrance Pulliam v. State of Tennessee
Petitioner, Terrance Pulliam, appeals from the summary dismissal of his second petition for writ of error coram nobis. He contends that the coram nobis court erred in dismissing his petition as time-barred. Upon review, we affirm the judgment of the coram nobis court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joel Wayne Allen
The Defendant, Joel Wayne Allen, appeals his convictions from a jury trial, arguing that the evidence was insufficient to support his convictions and that he received ineffective assistance of counsel. The Defendant filed an untimely notice of appeal, and the interest of justice does not support waiver of the timely filing requirement. Accordingly, we dismiss the appeal. |
Benton | Court of Criminal Appeals | |
State of Tennessee v. Dwight Gossett
The Defendant, Dwight Gossett, was convicted in the Shelby County Criminal Court of aggravated sexual battery, a Class B felony, and sentenced by the trial court to twelve years at 100% in the Department of Correction. The sole issue he raises on appeal is whether the evidence was sufficient to sustain his conviction. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Reggie Horton
The defendant, Reggie Horton, appeals his Shelby County Criminal Court jury convictions of attempted voluntary manslaughter, aggravated kidnapping, and simple assault, claiming that the trial court erred by admitting certain evidence and that the evidence was insufficient to support his conviction of aggravated kidnapping. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Raymond Ross
The Appellant, Raymond Ross, appeals from the trial court’s denial of his motion to correct an illegal sentence pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure. The State has filed a motion requesting that this Court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Jason Levi Butts
The Defendant, Jason Levi Butts, fired a shot from a rifle toward a home, and the bullet penetrated the wall and hit the sleeping victim in the hip. The trial court ruled that all three statements which the Defendant made to law enforcement during the investigation of the shooting were admissible. The Defendant was convicted after a bench trial of reckless endangerment, a Class C felony, and reckless aggravated assault, a Class D felony, and the trial court sentenced him to concurrent sentences of three and two years, respectively. The Defendant appeals, asserting that the trial court erred in denying his motion to suppress his statements and that the evidence is insufficient to support the verdicts. We conclude that the trial court erred in admitting the Defendant’s initial statement to police, which he made without being advised of his rights and after law enforcement twice told him he could not leave the police station. However, we conclude that the error was harmless beyond a reasonable doubt, and we affirm the convictions. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Carlos Prather
Defendant, Carlos Prather, pled guilty to two counts of vandalism over $1,000 and was sentenced to concurrent sentences of ten years as a Range III offender, to be served on supervised probation. As a condition of probation Defendant was ordered to complete the Jericho Program. On February 5, 2016, a probation violation warrant was issued alleging that Defendant violated the terms of his probation by being arrested for passing bad checks, failing to report the arrest, non-compliance with the Jericho Program, and being arrested for contempt of court on February 4, 2016. After a hearing, the trial court revoked Defendant’s probation and ordered him to serve his original ten-year sentence in the Department of Correction. Defendant now appeals, contending that the trial court erred by revoking his probation and ordering him to serve his sentence in confinement. After thoroughly reviewing the record and applicable authorities, we affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals | |
Javon Webster v. State of Tennessee
Petitioner, Javon Webster, appeals from the post-conviction court’s summary dismissal of the post-conviction petition filed approximately twelve years after expiration of the one year statute of limitations for post-conviction petitions. Petitioner alleged facts in his petition which he claims justify tolling of the statute of limitations based upon due process grounds. After review of the record, we affirm the judgment of the postconviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Brandon Lacy Franklin
Defendant, Brandon Lacy Franklin, appeals the trial court’s revocation of his community corrections sentence and imposition of an increased sentence of ten years’ incarceration. Upon our review of the record, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Ronnie Henry v. State of Tennessee
Over twelve years ago, Petitioner, Ronnie Henry, was convicted at a jury trial of several counts of robbery involving multiple victims in Shelby County. On direct appeal, this Court affirmed the convictions but remanded for resentencing. State v. Ronnie Henry, No. W2006-00344-CCA-R3-CD, 2008 WL 450459, at *1 (Tenn. Crim. App. Feb. 19, 2008), perm. app. denied (Tenn. Sept. 29, 2008). After resentencing, this Court affirmed Petitioner’s effective seventy-year sentence. State v. Ronnie Henry, No. W2009-00089- CCA-R3-CD, 2009 WL 3103823, at *1 (Tenn. Crim. App. Sept. 28, 2009), no perm. app. filed. Petitioner then unsuccessfully sought post-conviction relief. Ronnie Henry v. State, No. W2014-01786-CCA-R3-PC, 2016 WL 1402951, at *1 (Tenn. Crim. App. Apr. 7, 2016), perm. app. denied, (Tenn. Sept. 26, 2016). Now, Petitioner challenges the habeas corpus court’s summary dismissal of his petition for habeas corpus relief. For the following reasons, we affirm the judgment of the habeas corpus court. |
Wayne | Court of Criminal Appeals | |
Quanya Revell Prewitt v. State of Tennessee
The Petitioner, Quanya Revell Prewitt, appeals the denial of her petition for postconviction relief from her conviction for possession of dihydrocodeinone in a school zone with intent to sell. She argues that she received ineffective assistance of counsel and that the State committed prosecutorial misconduct. After review, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey A. Jones
The Defendant, Jeffery A. Jones, pled guilty in the Williamson County Circuit Court to DUI .08 % or greater, reserving as a certified question of law whether the results of his forced blood draw should have been suppressed because the affidavit in support of the search warrant contained reckless falsities and the form nature of the search warrant and affidavit prevented the magistrate from making an informed judgment as to probable cause. Following our review, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Derek Cullen Lee
The Defendant, Derek Cullen Lee, appeals from the Knox County Criminal Court’s denial of his request for judicial diversion. The Defendant contends (1) that the trial court “did not sufficiently weigh all the [required] factors . . . in deciding suitability for diversion”; and (2) that the trial court’s decision to deny his request for judicial diversion was based on the offense that he was convicted of rather than the applicable factors. Discerning no error, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Adam Davis
Following a bench trial, the Defendant-Appellant, Adam Davis, was convicted of two counts of aggravated sexual battery, a Class B felony. See T.C.A. § 39-13-504. The trial court sentenced him as a Range I, standard offender to a concurrent term of eight years’ imprisonment. The sole issue presented for our review is whether the evidence is sufficient to support his convictions. After a thorough review of the record and briefs, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Christopher James Kirkland
The defendant, Christopher James Kirkland, appeals the revocation of the probationary sentence imposed for his Blount County Circuit Court conviction of the delivery of a controlled substance. Discerning no error, we affirm. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Calvin Lyndell Dibrell
The defendant, Calvin Lyndell Dibrell, appeals his Knox County Criminal Court jury convictions of possession of a controlled substance with intent to sell or deliver within a prohibited zone, claiming that the trial court erred by denying his motion to suppress evidence obtained from the search of his vehicle and that the trial court improperly admitted evidence of the defendant’s prior convictions. Because the evidence obtained from the defendant’s vehicle was the result of an illegal search and seizure, the judgments of the trial court are vacated, and the case is dismissed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Calvin Lyndell Dibrell - concurring
ROBERT L. HOLLOWAY, JR., J., concurring. I agree with the majority that the defendant was searched without reasonable suspicion, that the evidence should have been suppressed by the trial court,1 and that the judgment of conviction must be vacated and the case dismissed. |
Knox | Court of Criminal Appeals | |
Steven O. Hughes-Mabry v. Randy Lee, Warden and the State of Tennessee
The Petitioner, appeals from the Sullivan County Criminal Court’s summary dismissal of his petition for a writ of error coram nobis. The Petitioner contends that the coram nobis court erred by summarily dismissing his petition as having been untimely filed and for failing to state a cognizable claim for relief. Following our review, we agree with the coram nobis court that the Petitioner is attempting to relitigate the denial of his pretrial suppression motion. Accordingly, we affirm the judgment of the coram nobis court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Thomas Louis Moore
The Defendant, Thomas Louis Moore, appeals as of right from the Bradley County Criminal Court’s revocation of his probation and order of incarceration for the remainder of his ten-year sentence. The Defendant contends that the trial court abused its discretion in ordering execution of his sentence. Following our review, we affirm the judgments of the trial court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Cory Lynn White
The Defendant, Cory Lynn White, was convicted by a jury of making a false report or statement, and he received a three-year spilt confinement sentence for this conviction. The Defendant appeals, arguing (1) that there was a fatal variance between the indictment and the proof offered at trial and (2) that the evidence was insufficient to support his conviction.1 Following our review of the record, we affirm the judgment of the trial court. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Jenna Sims
The Defendant, Jenna Sims, pled guilty to multiple driving and drug offenses, for which she received an agreed-upon sentence of one-year, eleven months, and twenty-nine days. The Defendant was later placed on probation. During her probation, the Defendant left a residential treatment program and failed to return to jail, so a probation violation warrant was filed and she was charged with failure to appear. She pled guilty to the failure to appear charge and received an agreed-upon sentence of one year to be served consecutively to the remainder of her probationary sentence. At the subsequent sentencing hearing, the trial court revoked her probation and ordered her to serve her one year sentence for failure to appear in confinement. On appeal, she argues that the trial court abused its discretion by revoking her probation and by denying her alternative sentencing. We disagree. Accordingly, the judgments of the trial court are affirmed. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Kevin Allen Fleming
After a bifurcated trial, a jury convicted the Defendant, Kevin Allen Fleming, of one count of driving under the influence (“DUI”), fourth offense, and three counts of aggravated vehicular homicide. The trial court sentenced the Defendant to an effective sentence of forty-two years in confinement. At the motion for new trial hearing, the parties agreed that the Defendant’s DUI fourth offense conviction should have merged into his conviction for aggravated vehicular homicide conviction, reducing his sentence to an effective sentence of forty years. No amended judgment appears in the record. On appeal, the Defendant contends that: (1) the trial court erred when it denied his motion to suppress the blood draw evidence; (2) the trial court erred when it admitted the results from the blood draw because the evidence was not authenticated and the chain of custody was not established; (3) the trial court erred when it admitted autopsy photographs of the victims; (4) the State violated his Fifth Amendment right to remain silent; (5) the trial court erred when it found that Trooper James Fillers was an expert witness; (6) the trial court erred when it admitted the written report of expert Dr. Davis because the report contained hearsay; (7) the trial court erred when it sentenced him; (8) the evidence is insufficient to sustain his convictions; and (9) the cumulative errors by the trial court constitute reversible error. After review and for the reasons stated herein, we affirm the trial court’s judgments. We also remand the case for entry of an amended judgment reflecting that the Defendant’s DUI fourth offense conviction is merged with one of his aggravated vehicular homicide convictions. |
Campbell | Court of Criminal Appeals |
