State of Tennessee v. Kendall McKenzie Kin Eayrs - concurring in results
TIMOTHY L. EASTER, J., concur. Because of the manner in which the trial court terminated the presentation of evidence at the suppression hearing, I am hemmed in and must reluctantly agree with the majority. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Travei Pryor
A Knox County Criminal Court Jury convicted the appellant, Travei Pryor, of eleven counts of aggravated kidnapping, a Class B felony; four counts of aggravated robbery, a Class B felony; four counts of aggravated burglary, a Class C felony; one count of employing a firearm during the commission of a dangerous felony, a Class C felony; one count of possessing a firearm during the commission of a dangerous felony, a Class C felony; and one count of criminal impersonation, a Class B misdemeanor. After a sentencing hearing, he received an effective twelve-year sentence. On appeal, the appellant claimed that the evidence was insufficient to support his convictions of employing and possessing a firearm during the commission of a dangerous felony and that the trial court committed reversible error by failing to instruct the jury as provided by State v. White, 362 S.W.3d 559 (Tenn. 2012). This court concluded that the trial court’s failure to instruct the jury pursuant to White constituted reversible error, reversed his eleven convictions of aggravated kidnapping, remanded the case to the trial court for a new trial as to those offenses, and affirmed the appellant’s remaining convictions. The Tennessee Supreme Court granted the State’s application for permission to appeal and remanded the case to this court for reconsideration in light of the supreme court’s recent opinions in State v. Teats, 468 S.W.3d 495 (Tenn. 2015), and State v. Williams, 468 S.W.3d 510 (Tenn. 2015). After revisiting the issue pertaining to the White instruction, we conclude that the appellant’s convictions of aggravated kidnapping in counts 13 and 14 and counts 20 and 21 must be reversed and the case remanded to the trial court for a new trial as to those offenses. The appellant’s remaining convictions are affirmed. However, upon remand, the trial court is to merge the appellant’s convictions in counts 7 and 8, counts 9 and 10, counts 11 and 12, counts 15 and 16, and counts 17 and 18. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. James Brandon Stewart
The defendant, James Brandon Stewart, appeals the summary denial of his motion, filed pursuant to Tennessee Rule of Criminal Procedure 36.1, to correct what he believes to be an illegal sentence. Because the challenged sentence has expired, we affirm the summary dismissal of the defendant's motion. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Patrick Wilson
Defendant, Patrick Wilson, appeals the trial court's denial of an alternative sentence after the entry of a guilty plea to aggravated statutory rape. Because the trial court did not abuse its discretion in denying an alternative sentence, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Travei Pryor - concurring and dissenting
I must respectfully dissent from the majority’s reasoned opinion with regard to its conclusion that the absence of the White instructions constituted reversible error. I would affirm the convictions as they were entered, although merging those counts which were alternatively charged. In all other regards, I join in the majority's opinion. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Tanya Nicole Slimick
A jury convicted the defendant, Tanya Nicole Slimick, of first degree (premeditated) murder for shooting her boyfriend. The defendant received a life sentence. On appeal, the defendant challenges the sufficiency of the evidence, asserting that the State failed to show premeditation or to negate self-defense. She also raises numerous challenges to the jury instructions, including that the trial court instructed the jury that the defendant had the burden of raising the issue of self-defense; that the self-defense instruction was confusing to the jury; that the jury instructions improperly failed to list the negation of self-defense in the litany of items which the State is required to prove beyond a reasonable doubt; and that the instructions failed to list lesser included offenses whenever the “charged offense” was referenced. The defendant also asserts that there was reversible error in the use of a demonstrative aid in the prosecution’s closing argument. After a thorough review of the law and the facts, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Michael Dean Hodges
The Davidson County Grand Jury indicted the appellant, Michael Dean Hodges, for aggravated child abuse in counts one through three and aggravated child neglect in count four. After a jury trial, the appellant was acquitted of count one but convicted as charged in counts two and three and convicted of aggravated assault as a lesser-included offense of aggravated child neglect in count four. The trial court merged the aggravated assault conviction into the aggravated child abuse convictions and sentenced the appellant to an effective twenty-five-years in confinement to be served at 100%. On appeal, the appellant contends that the trial court erred by failing to sever the charge of aggravated child abuse in count one from the remaining two counts of aggravated child abuse; that the trial court erred by allowing the jury to hear a portion of his statement in which he admitted to prior bad acts; that the trial court erred by giving the jury a supplemental instruction on “knowingly” that failed to include language about non-accidental conduct; and that cumulative error warrants a new trial. Based upon the record and the parties’ briefs, we conclude that the trial court erred by allowing the jury to hear that the appellant had been “in trouble” previously. However, we conclude that the error was harmless. Nevertheless, we conclude that the appellant’s conviction of aggravated assault must be reversed because aggravated assault is not a lesser-included offense of aggravated child neglect. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Demontise Martez Drumwright a.k.a Demontise J. Drumwright
Demontise Martez Drumwright a.k.a. Demontise J. Drumwright (“the Defendant”) pleaded guilty to one count each of aggravated burglary and robbery. The trial court denied alternative sentencing, ordering the Defendant to serve his effective four-year sentence in confinement. On this appeal, the Defendant claims that the trial court erred when it (1) considered the Defendant’s pending case in Knox County as a basis for denial of alternative sentencing and (2) ordered the Defendant to serve his sentence in confinement. Discerning no error, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Timothy Shane Hixson v. State of Tennessee
The Petitioner, Timothy Shane Hixson, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his conviction of aggravated robbery and resulting twenty-four-year sentence. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Shelley Denise Blair v. State of Tennessee
The petitioner, Shelley Denise Blair, appeals the summary dismissal of her petition for post-conviction relief, arguing that the post-conviction court erred by relying solely on her pro se petition, and not considering the allegations of fact in the amended petition prepared by post-conviction counsel, in concluding that she failed to make out a prima facie case of mental incompetence to toll the statute of limitations. Following our review, we affirm the summary dismissal of the petition as time-barred. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Anthony Porrazzo
The defendant, Anthony Porrazzo, appeals his Knox County Criminal Court jury convictions of aggravated robbery and misdemeanor theft, contending that the trial court erred by refusing to suppress the statements he made to law enforcement officers, that the trial court abused its discretion by excluding certain witness testimony and by denying the defendant's motion for a mistrial, and that the evidence adduced at trial was insufficient to support his convictions. Discerning no reversible error, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Jordan Curry v. State of Tennessee
The Petitioner, Jordan Curry, appeals the Madison County Circuit Court’s denial of his petition for post-conviction relief from his convictions for especially aggravated kidnapping, aggravated robbery, aggravated burglary, employing a firearm during the commission of a dangerous felony, and evading arrest and his effective forty-four-year sentence. The Petitioner contends that the post-conviction court erred by denying relief on his ineffective assistance of counsel claim. We affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Raphael Cortez Ferguson
Appellant, Raphael Cortez Ferguson, pleaded guilty to facilitation of possession of a Schedule I controlled substance with intent to resell, a Class C felony, and received the agreed-upon sentence of three years to be served in the Tennessee Department of Correction. The department of correction placed appellant in its special alternative incarceration unit and, approximately six months later, released him from custody subject to supervised probation. A probation violation warrant was subsequently issued, alleging the following infractions: (1) committing new criminal offenses for theft of property valued at more than $1,000 but less than $10,000, criminal simulation, and identity theft; (2) testing positive on two drug screens; and (3) failing to complete community service as ordered. Following a hearing, the trial court revoked appellant’s probation and ordered his sentence into execution. On appeal, appellant argues that there was insufficient evidence supporting his new criminal offenses and that the remainder of the evidence warranted a lesser consequence than complete confinement. Upon our review, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. William Anthony McDaniel
The Appellant, William Anthony McDaniel, filed in the Hamilton County Criminal Court a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. The motion was summarily denied, and the Appellant timely appealed the ruling. Upon review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
John Vernon Campbell v. State of Tennessee
The Petitioner, John Vernon Campbell, appeals as of right from the Johnson County Criminal Court’s summary dismissal of his petition for writ of habeas corpus. The Petitioner contends (1) that the trial court lacked jurisdiction for his premeditated first degree murder conviction because the offense was committed in the Cherokee National Forest; and (2) that the indictment charging the Petitioner was invalid due to the State’s dismissal of a charge of felony first degree murder. Discerning no error, we affirm the judgment of the habeas corpus court. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Maurice McAllister
In 2012, a Giles County jury convicted the Defendant, Maurice McAllister, of rape, and the trial court sentenced him to twelve years of confinement. On appeal, the Defendant contends that the trial court erred when it: (1) denied his motion to suppress his statements to police; (2) admitted evidence seized from his vehicle; and (3) imposed a twelve-year sentence to be served in confinement. The Defendant lastly contends that the cumulative effect of the errors at trial require a reversal of his conviction. After a thorough review of the record and applicable law, we affirm the trial court’s judgment. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. David Frazier
Appellant pleaded guilty to voluntary manslaughter and later filed a motion challenging his sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, which the trial court summarily dismissed. On appeal, appellant argues that the trial court erred by summarily dismissing his motion without appointing counsel after he had stated a colorable claim for relief. Following our review of the parties’ briefs, the record, and the applicable law, we affirm the judgment of the trial court. |
McMinn | Court of Criminal Appeals | |
State of Tennessee v. Tom Moore
The defendant, Tom Moore, appeals the summary dismissal of his motion, filed pursuant to Tennessee Rule of Criminal Procedure 36.1, to set aside his 1991 convictions of aggravated rape. Because the defendant has failed to present a cognizable claim for relief under Rule 36.1, we affirm the order of summary dismissal. |
Shelby | Court of Criminal Appeals | |
Mark Brooks v. State of Tennessee
The petitioner, Mark Brooks, appeals the denial of post-conviction relief from his 2013 Shelby County Criminal Court guilty-pleaded convictions of possession of cocaine with intent to manufacture, sell, or deliver, possession of marijuana with intent to manufacture, sell, or deliver, possession of a firearm during the commission of a dangerous felony, and possession of a handgun by a convicted felon, for which he received an effective sentence of 12 years. In this appeal, the petitioner contends that his guilty pleas were not knowingly and voluntarily entered and that he was denied the effective assistance of counsel. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Timothy W. Patrick
The Defendant, Timothy W. Patrick, appeals the DeKalb County Criminal Court’s order revoking his probation for his convictions for three counts of selling hydromorphone and ordering him to serve the remainder of his effective nine-year sentence in confinement. The Defendant contends that the trial court abused its discretion by revoking his probation. We affirm the judgment of the trial court. |
DeKalb | Court of Criminal Appeals | |
State of Tennessee v. Janette Ebony Robinson
The Defendant, Janette Ebony Robinson, pleaded guilty in the Criminal Court for Davidson County to two counts of aggravated child abuse and received two concurrent twenty-five-year sentences. See T.C.A. § 39-15-402 (2014). The Defendant appeals the trial court’s denial of her motion to withdraw her guilty plea. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Beau C. Vaughan
The Appellant, Beau C. Vaughan, appeals as of right from the Maury County Circuit Court’s denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. The Appellant contends (1) that the trial court erred in ruling that his sentence for a felony conviction which occurred while he was released on bond for another offense was not statutorily required to be served consecutively to the sentence for the underlying offense because the underlying offense was a misdemeanor; and (2) that the trial court erred by ruling, in the alternative, that Rule 36.1 was not applicable because the convictions occurred before Rule 36.1 was enacted in 2013. The State concedes that the trial court erred with respect to both of the Appellant’s issues. However, contrary to the State’s concession, the Appellant’s sentence expired long ago; therefore, his motion failed to state a colorable claim for relief. As such, we affirm the trial court’s denial of the Appellant’s Rule 36.1 motion. |
Maury | Court of Criminal Appeals | |
Bruce Anton Parks v. State of Tennessee
Petitioner, Bruce Anton Parks, appeals the denial of his petition for post-conviction relief, claiming he received ineffective assistance of counsel on several bases. After a thorough review of the record and the applicable law, we affirm the decision of the post-conviction court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Noah Keith Tipton
A Monroe County Grand Jury indicted the Defendant, Noah Keith Tipton, for one count of initiation of a process intended to result in the manufacture of methamphetamine (“the methamphetamine charge”) and fourteen counts of aggravated cruelty to animals. Pursuant to a negotiated plea, the Defendant pleaded guilty to the methamphetamine charge and two counts of aggravated cruelty to animals and was sentenced to eight years with the manner of service to be determined at a sentencing hearing. Following the sentencing hearing, the trial court found that the Defendant was “not eligible for punishment in the community” under Tennessee Code Annotated section 40-36-106(a)(1) but took under advisement the Defendant’s claim that his “special needs” were treatable and could best be served in the community as provided by subsection -106(c). Following a second hearing in which no additional proof was taken, the trial court found that the Defendant’s special needs could be best served in the Department of Correction rather than in the community corrections program for Monroe County. In this appeal, the Defendant argues that the trial court erred in denying his placement in the community corrections program. Upon our review, we affirm the judgments of the trial court. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. Noah Keith Tipton - dissenting
I respectfully disagree with the conclusion reached by the majority in this case. For the reasons that follow, I would remand this matter to the trial court for Tipton to be placed in the community corrections program. In this appeal, Tipton contends that the trial court relied upon an erroneous interpretation of Tennessee Code Annotated section 40-36-106 in finding him statutorily ineligible for placement in the community correction program. He argues that the prior convictions relied upon by the court do not constitute a pattern of prior violent offenses pursuant to Tennessee Code Annotated section 40-36-102(11).1 Specifically, he contends that (1) reckless endangerment does not meet the definition of a violent offense; (2) aggravated animal cruelty, as codified at Tennessee Code Annotated section 39-14-212, is classified as a property offense and not a crime of violence; and (3) the trial court improperly relied on Tennessee Code Annotated section 39-13-113(f)(1)-(3) (2006), rather than section 39-13-113 (2001), in finding that his 2001 charge for violating an order of a protection was a violent offense. Excluding the convictions that the trial court improperly classified as crimes of violence, Tipton claims the sole basis for the trial court‟s denial of his placement in the community correction program was charges reflected in his presentence report that did not result in convictions, which is likewise an improper basis to deny placement. |
Monroe | Court of Criminal Appeals |
