State of Tennessee v. Christopher Hatcher
The Defendant, Christopher Hatcher, appeals from the trial court’s denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. 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. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Steven Jeffrey Pike
The Defendant, Steven Jeffrey Pike, was convicted by a Knox County Criminal Court jury of first degree premeditated murder. See T.C.A. § 39-13-202(a)(1) (2014). He received a life sentence. On appeal, he contends that (1) the evidence is insufficient to support his conviction and (2) the trial court erred by admitting his statements to the police. We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Tedrik Woods
The Petitioner, Tedrik Woods, appeals the Shelby County Criminal Court’s summary denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Because the Petitioner’s three-year sentence for employment of a firearm during the commission of a dangerous felony is illegal, we reverse the judgment of the trial court and remand the case to the trial court for proceedings consistent with Rule 36.1 and this opinion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Montez Deontay Ridley
A Davidson County Criminal Court Jury found the Appellant, Montez Deontay Ridley, guilty of aggravated robbery, a Class B felony. The trial court imposed a sentence of nine years. On appeal, the Appellant challenges the sufficiency of the evidence sustaining his conviction. Specifically, the Appellant contends that he was not at the scene of the crime, that no forensic evidence placed him at the scene, and that it was illogical that anyone would perpetrate the crime in such close proximity to the police. The Appellant also contends that the victims were unable to identify him from a photographic lineup. Finally, the Appellant contends that his confession was the result of lies told by the police. Upon review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Rickey Allen Hickman v. State of Tennessee
Marshall County jury convicted the Petitioner, Rickey Allen Hickman, of one count of rape of a child and three counts of aggravated sexual battery. The trial court sentenced the Petitioner to a total effective sentence of forty-seven years of incarceration. On appeal, this Court affirmed the Petitioner’s convictions. State v. Rickey Allan Hickman, No M2013-02390-CCA-R3-CD, 2014 WL 4557626 (Tenn. Crim. App., at Nashville, Sept. 16, 2014), perm. app. denied (Tenn. Jan. 16, 2015). The Petitioner filed a petition for post-conviction relief alleging that his trial counsel had been ineffective. The post-conviction court held a hearing after which it denied the petition. On appeal, the Petitioner maintains that his trial counsel was ineffective for failing to present a defense asserting that the victim was raped by a person other than the Petitioner. After a thorough review of the record and applicable law, we affirm the post-conviction court’s judgment. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. George Washington Matthews
The defendant, George Washington Matthews, was indicted for one count of possession of over one-half ounce of marijuana with intent to sell or deliver and two counts of attempting to introduce contraband into a penal facility. After trial, a jury found the defendant guilty on all counts. The defendant received a total effective sentence of twelve years. On appeal, the defendant argues the evidence was insufficient to support his convictions; the trial court erred when it allowed testimony regarding the defendant's recent incarceration; and his indictment was defective. After review, we affirm the judgments of the trial court. |
Lake | Court of Criminal Appeals | |
Eric Dates v. State of Tennessee
The Petitioner, Eric Dates, appeals the Shelby County Criminal Court's summary dismissal of his petition for post-conviction relief. The Petitioner argues, and the State concedes, that the post-conviction court erred in dismissing his petition for lack of jurisdiction because his probation had expired. Upon our review, we reverse the judgment of the post-conviction court and remand this matter for an evidentiary hearing on the merits of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Andrew Curtis Beard
A Gibson County Circuit Court Jury convicted the Appellant, Andrew Curtis Beard, of selling less than one-half gram of cocaine, a Class C felony, and he was sentenced as a Range II, multiple offender to eight years in confinement. On appeal, the Appellant contends that the evidence is insufficient to support the conviction. Based upon the record and the parties' briefs, we affirm the judgment of the trial court. |
Gibson | Court of Criminal Appeals | |
Deshawn Lamar Baker v. State of Tennessee
Petitioner, Deshawn Lamar Baker, appeals the lower court’s order denying post-conviction relief from his convictions for aggravated robbery, conspiracy to commit aggravated robbery, and being a felon in possession of a handgun. On appeal, Petitioner argues that trial counsel provided ineffective assistance and that the State withheld exculpatory evidence, violating his right to due process under Brady v. Maryland, 373 U.S. 83 (1963). Upon our review of the record and applicable authorities, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. David Alan Corbitt
A Benton County jury convicted the Defendant of one count of rape of a child and one count of aggravated sexual battery as a lesser-included offense of a second count of rape of a child. The trial court sentenced him to thirty-five years, to be served at 100%, for the rape of a child conviction and to a concurrent sentence of ten years for the aggravated sexual battery conviction. On appeal, the Defendant contended that: (1) the evidence was insufficient to sustain his convictions; (2) the trial court erred when it instructed the jury that aggravated sexual battery was a lesser-included offense of rape of a child; and (3) the trial court erred when it sentenced him. After review, we concluded that aggravated sexual battery was not a lesser-included offense of rape of a child. State v. David Alan Corbitt, No. W2015-01834-CCA-R3-CD, 2016 WL 3952017 (Tenn. Crim. App., at Jackson, July 19, 2016), Tenn. R. App. P. 11 application granted (Tenn. Oct. 20, 2016) . As such, we held that the trial court erred when it instructed the jury. We, therefore, vacated the Defendant's conviction for aggravated sexual battery but affirmed his conviction and sentence for rape of a child. On October 20, 2016, the Tennessee Supreme Court granted Defendant's application for permission to appeal and remanded the case to this court for reconsideration in light of the supreme court's recent opinion in State v. Howard, No. E2014-01510-SC-R11-CD, __ S.W.3d __, 2016 WL 5933430 (Tenn. Oct. 12, 2016). Upon reconsideration in light of Howard, we conclude that aggravated sexual battery is a lesser-included offense of rape of a child and that the trial court did not err when it so instructed the jury. Accordingly, we reinstate and affirm the Defendant's conviction and sentence for aggravated sexual battery. |
Benton | Court of Criminal Appeals | |
State of Tennessee v. Kevin Montrell Thompson
The Defendant, Kevin Montrell Thompson, appeals the trial court’s denial of his motion |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Christopher Hubbard
Pro se Petitioner, Christopher Hubbard, appeals from the Shelby County Criminal Court's dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. On appeal, the Petitioner argues that the trial court erred by summarily dismissing his motion. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Tracey McQuinn Taylor
A Madison County jury found the Defendant, Tracey McQuinn Taylor, guilty of two counts of aggravated robbery and one count of felon in possession of a firearm. The trial court sentenced him to concurrent sentences of twelve years for each count of aggravated robbery to be served consecutively to a four year sentence for the felon in possession of a firearm conviction. On appeal, the Defendant asserts that the evidence is insufficient to support his convictions and that his sentence is excessive. After review, we affirm the trial court's judgments. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Krishon Harris
A Shelby County jury convicted the Defendant, Krishon Harris, of three counts of criminally negligent homicide, one count of vehicular assault, one count of reckless aggravated assault, two counts of driving under the influence, one count of reckless driving, and one count of driving with a suspended license. The trial court merged the three homicide convictions, merged the aggravated assault conviction and the two driving while under the influence convictions into the conviction for vehicular assault, and then sentenced the Defendant to a total effective sentence of ten years in the Tennessee Department of Correction. On appeal, the Defendant contends that the evidence is insufficient to sustain his convictions for criminally negligent homicide and vehicular assault. After review, we affirm the trial court's judgments. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Anthony Miller
The Defendant, Anthony Miller, was indicted for possession with intent to sell 0.5 grams or more of cocaine, a Class B felony; possession with intent to deliver 0.5 grams or more of cocaine, a Class B felony; possession with intent to sell one-half ounce or more but less than ten pounds of marijuana, a Class E felony; possession with intent to deliver one-half ounce or more but less than ten pounds of marijuana, a Class E felony; and possession of a firearm with intent to go armed during the commission of a dangerous felony, a Class D felony. See Tenn. Code Ann. §§ 39-17-417, -1324(a). Prior to submission to the jury, the amount for the cocaine possession charges was reduced to less than 0.5 grams, a Class C felony. See Tenn. Code Ann. § 39-17-417(c)(2)(A). Following a jury trial, the Defendant was convicted as charged of the marijuana and unlawful firearm possession charges and of the lesser-included offense of simple possession, a Class A misdemeanor, with respect to the cocaine possession charges. See Tenn. Code Ann. § 39-17-418. The trial court sentenced the Defendant to eleven months and twenty-nine days for the misdemeanor cocaine possession offenses, two years for the felony marijuana possession offenses, and the mandatory minimum three years for the unlawful firearm possession offense. The trial court ordered all of the sentences to be served concurrently for a total effective sentence of three years. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his conviction for unlawful possession of a firearm; and (2) that the trial court erred in instructing the jury on the applicable mental state for the unlawful possession of a firearm offense. Following our review, we conclude that the evidence was sufficient to sustain the Defendant's conviction for unlawful possession of a firearm. However, we also conclude that the trial court committed plain error in instructing the jury with respect to the unlawful firearm possession offense that the Defendant could be found guilty if he acted “either intentionally, knowingly, or recklessly.” As such, we remand this case for a new trial on the unlawful possession of a firearm charge. Additionally, we hold that the trial court failed to merge the Defendant's convictions for simple possession of cocaine into one conviction and his convictions for felony possession of marijuana into one conviction. Accordingly, we remand this case to the trial court for merger of those convictions and entry of corrected judgment forms reflecting said merger. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Brandon Taliaferro
The Defendant, Brandon Taliaferro, was convicted of first degree murder in the attempt to perpetrate a robbery and attempted especially aggravated robbery. See Tenn. Code Ann. §§ 39-12-101; -13-202(a)(2); -13-403(a). In this appeal as of right, the Defendant contends (1) that the trial court erred by allowing the State to enter into evidence the entire tape-recorded conversation between the Defendant and a State‘s witness, the mother of his child, and (2) that the evidence was insufficient to sustain his convictions, arguing that there was no proof that he intended to rob the victim or that he was criminally responsible for the actions of the person(s) who killed the victim. Upon review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Lee Dewane Watts
A Montgomery County jury convicted the Defendant, Lee Dewane Watts, of two counts of first degree felony murder and one count of especially aggravated robbery. The trial court merged the Defendant’s first degree murder convictions and ordered him to serve a life sentence for first degree murder and a consecutive twenty-five year sentence for especially aggravated robbery. On appeal, the Defendant asserts that: (1) the evidence is insufficient to support his convictions; (2) the trial court improperly sentenced him by ordering consecutive sentences and ordering the maximum sentence for the especially aggravated robbery conviction; and (3) the trial court erred when it ruled that the Defendant’s prior convictions would be admissible should he testify. After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Nicholas Rico Durant
A jury in the Montgomery County Circuit Court found the Appellant, Nicholas Rico Durant, guilty of the first degree premeditated murder of his wife, and the trial court sentenced him to life imprisonment. On appeal, the Appellant contends that the evidence was not sufficient to establish beyond a reasonable doubt that he acted with premeditation and that the trial court’s jury instruction regarding premeditation was not sufficient to “satisfy state and federal constitutional rights to due process and trial by jury.” Upon review, we affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Jerry L. Faulkner
Defendant, Jerry L. Faulkner, appeals as of right from the Shelby County Criminal Court’s denial of his motion under Tennessee Rule of Criminal Procedure 36.1 to correct an illegal sentence. Defendant contends that the trial court erred by concluding that relief was not available because his illegal sentence had expired and thus was not subject to correction under Rule 36.1. After a thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Eric R. Wright v. Grady Perry, Warden
The pro se petitioner, Eric R. Wright, appeals the habeas court’s summary dismissal of his petition for writ of habeas corpus alleging eleven reasons why the habeas court erred. After review, we affirm the summary dismissal of the petition. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Brian Lackland
Defendant, Brian Lackland, was indicted by the Shelby County Grand Jury in two separate indictments for aggravated robbery, aggravated burglary, attempted first degree murder, aggravated assault, and employing a firearm during the commission of a dangerous felony. The indictments were consolidated for trial. A jury found Defendant guilty of simple assault, aggravated burglary, attempted first degree murder, and employing a firearm during the commission of a dangerous felony. The charge for aggravated assault was dismissed. Defendant was sentenced to a total effective sentence of twenty-three years. Between the trial and the hearing on the motion for new trial, the victim signed an affidavit recanting his trial testimony. The trial court denied the motion for new trial, finding that the victim's recantation was not credible. On appeal, Defendant challenges the sufficiency of the evidence and the trial court's denial of the motion for new trial. Because the evidence was sufficient to support the convictions and the trial court did not abuse its discretion in denying the motion for new trial, the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
Rochelle Bush v. State of Tennessee
The Petitioner, Rochelle Bush, appeals the denial of her petition for post-conviction relief in which she challenged her concurrent sentences of ten years at thirty percent for her aggravated robbery conviction and twenty years at one hundred percent for her especially aggravated kidnapping conviction. On appeal, the Petitioner contends that she was denied her right to the effective assistance of counsel, which resulted in the trial court improperly enhancing her sentences. We affirm the post-conviction court's denial of relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jerome Wall
The Appellant, Jerome Wall, filed a motion to correct an illegal sentence in the Shelby County Criminal Court pursuant to Tennessee Rule of Criminal Procedure 36.1. The trial court denied the motion, and the Appellant appeals the ruling. Based upon our review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
In re Centerstone
Appellant, Centerstone, seeks review of the trial court’s denial of a motion to quash a judicial subpoena issued to Centerstone for the mental health records of the victim in an underlying criminal case. Centerstone argues that the judicial subpoena issued pursuant to Tennessee Code Annotated section 40-17-123 is an invalid mechanism for discovery of mental health records made confidential by Tennessee Code Annotated section 33-3-103. After careful consideration, we conclude that access to the confidential mental health records must come by way of the procedure set forth in Tennessee Code Annotated section 33-3-105 rather than through a judicial subpoena issued pursuant to section 40-17-123. Therefore, we vacate the trial court’s order and remand the case. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. Jackie Phillip Lester
Defendant, Jackie Phillip Lester, pled guilty to aggravated assault and possession of a firearm after having been convicted of a felony. He was sentenced to six years, suspended to probation. Defendant violated probation, and the trial court ordered a partial revocation of the probationary sentence and service of eighteen months in incarceration. Defendant was released from incarceration and violated probation for the second time shortly thereafter. This time the trial court revoked Defendant’s probation, ordering him to serve the original six-year sentence. The trial court awarded Defendant credit for time served during the partial revocation and prior to sentencing on the full revocation. On appeal, Defendant complains that the trial court did not award him all his due jail credit. Because the proper method to address post-judgment jail credit is through the Uniform Administrative Procedures Act rather than an appeal to this Court, we affirm the judgment of the trial court. However, we remand the case for the correction of a clerical error in the revocation order. |
Lawrence | Court of Criminal Appeals |
