State of Tennessee v. John Frank Mullins
Defendant, John Frank Mullins, pled guilty to theft of property valued over $1000 and was sentenced to eight years on Community Corrections. After a hearing, the trial court found that Defendant violated the terms of his Community Corrections sentence, revoked the Community Corrections sentence, and ordered Defendant to serve the remainder of his sentence in incarceration. On appeal, we affirm the decision of the trial court. |
Dyer | Court of Criminal Appeals | |
Kenneth A. Adams v. State of Tennessee
The Petitioner, Kenneth A. Adams, appeals as of right from the Tipton County Circuit Court's summary dismissal of his petition for post-conviction relief. The Petitioner contends that the post-conviction court erred in summarily dismissing his petition on the grounds that it was untimely filed. Discerning no error, we affirm the judgment of the post-conviction court. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Jeremy Sims and Sherry Brookshire
The defendants, Jeremy Sims and Sherry Brookshire, appeal their Shelby County Criminal Court jury convictions of kidnapping and aggravated robbery. Defendant Sims claims that the trial court abused its discretion by denying his motion for severance, the trial court erred by admitting certain witness testimony, the evidence was insufficient to sustain his conviction of aggravated robbery, the trial court erred by giving certain instructions to and communicating ex parte with the jury, the trial court erred by denying his post-trial motion for a mistrial and severance of defendants on the basis of Defendant Brookshire's incompetence to stand trial, and the cumulative effect of these errors prevented him from receiving a fair trial. Defendant Brookshire also challenges the trial court's denial of the motion to sever, the admission of certain evidence, the sufficiency of the evidence pertaining to the conviction of aggravated robbery, the trial court's instructions to the jury, and the trial court's finding that she was competent to stand trial. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. John Brandon Gold
The Defendant, John Brandon Gold, pleaded guilty to violating the sex offender registry, a Class E felony. The trial court sentenced the Defendant, a Range II persistent offender, to five years plus ninety days, to be served at 45%. The trial court denied the Defendant an alternative sentence. On appeal, the Defendant contends that his sentence is excessive. After a thorough review of the record and applicable authorities, we affirm the trial court’s judgment. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Jeremy Sims and Sherry Brookshire-Concurring
I respectfully concur in results only. I do so because the majority opinion, in the section discussing Defendant Sims’ severance issue, fails to address the admissibility of Defendant Sims’ unredacted statement pursuant to the “rule of completeness.” Tenn. R. Evid. 106. As noted in the majority opinion, the trial court considered the rule of completeness in its decision to admit the evidence. The majority opinion, in my view, implies that Defendant Sims’ unredacted statement was inadmissible under any circumstances in this particular case. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joe Jackson
A Shelby County Criminal Court Jury convicted the appellant, Joe Jackson, of aggravated assault and reckless endangerment. The trial court imposed a total effective sentence of fourteen years. On appeal, the appellant contends that the evidence was insufficient to sustain his conviction of aggravated assault. Upon review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Christopher Hubbard v. State of Tennessee
The Petitioner, Christopher Hubbard, appeals the Shelby County Criminal Court‘s denial of his petition for post-conviction relief from his convictions of aggravated kidnapping and aggravated assault and resulting effective sentence of life without the possibility of parole as a repeat violent offender. On appeal, the Petitioner contends that he received the ineffective assistance of counsel because trial counsel failed to call a favorable witness to testify, that the trial court erred by ruling that the charges of especially aggravated kidnapping and aggravated assault did not violate double jeopardy principles, and that he received the ineffective assistance of counsel because trial and appellate counsel failed to raise the double jeopardy issue. Based upon the oral arguments, the record, and the parties‘ briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Maurice Montonio Dotson, Jr.
The Appellant, Maurice Montonio Dotson, Jr., pled guilty in the Madison County Circuit Court to possession of marijuana with the intent to sell or deliver, possession of a firearm during a dangerous felony, possession of drug paraphernalia, and theft of property valued under five hundred dollars. The trial court imposed a total effective sentence of eleven years. On appeal, the Appellant challenges the sentence imposed for possession of a firearm during a dangerous felony conviction. Upon review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
Taurys Hall v. State of Tennessee
The Petitioner, Taurys Hall, filed a petition for post-conviction relief in the Shelby County Criminal Court. The post-conviction court dismissed the petition as untimely, and the Petitioner challenges this ruling on appeal. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Alvin Stewart
The defendant, Alvin Stewart, was convicted by a Shelby County Criminal Court jury of aggravated rape, a Class A felony, aggravated assault, a Class C felony, and domestic assault, a Class A misdemeanor. The trial court merged the domestic assault conviction into the aggravated assault conviction and sentenced the defendant to twenty years at 100% for the aggravated rape conviction and to six years at 30% for the aggravated assault conviction, to be served concurrently. On appeal, he argues that the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Craig O. Majors v. State of Tennessee
Petitioner, Craig O. Majors, appeals after the Johnson County Criminal Court dismissed his pro se petition for habeas corpus relief without a hearing. After a review of the record and authorities, we affirm the dismissal of the petition because Petitioner failed to show that his convictions were void or that his sentence had expired. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Lacarvis Marquis Miller
A Williamson County jury convicted the Defendant, Lecarvis Marquis Miller, of reckless aggravated assault and simple assault. The trial court merged the convictions and sentenced the Defendant to serve ten years as a Range III, persistent offender. On appeal, the Defendant asserts that the trial court erred when it failed to give the jury a supplemental unanimity instruction. After a thorough review of the record and applicable law, we affirm the trial court’s judgment. |
Williamson | Court of Criminal Appeals | |
Malik Jones v. State of Tennessee
Petitioner, Malik Jones, entered guilty pleas in three separate cases, resulting in a total effective sentence of thirty-one years. Petitioner then sought post-conviction relief on the basis of an involuntary guilty plea and ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. Because Petitioner has failed to provide clear and convincing evidence that he received ineffective assistance of counsel or that his plea was involuntary, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Robert E. Boling v. State of Tennessee
Petitioner, Robert E. Boling, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in concluding that he failed to prove that he received ineffective assistance from his trial counsel. Based upon a thorough review of the record and the applicable law, the decision of the post-conviction court is affirmed. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Michael Richard Miller
The defendant, Michael Richard Miller, was convicted of three counts of especially aggravated kidnapping, two counts of aggravated robbery, one count of aggravated burglary, and one count of employing a firearm in the course of a dangerous felony. On appeal, he challenges the trial court’s imposition of an effective forty-six-year sentence based upon partial consecutive sentencing. Specifically, the defendant argues that: (1) the trial court misapplied the consecutive sentencing factors in making its sentencing determination; and (2) the trial court erred in ordering that the conviction for employing a firearm in the course of a dangerous felony be served consecutively to all his convictions rather than only to the underlying dangerous felony. Following review of the record, we affirm the sentences as imposed. |
Davidson | Court of Criminal Appeals | |
Melissa Barnett v. State of Tennessee
Petitioner, Melissa Barnett, appeals the dismissal of her second petition for a writ of error coram nobis, in which she alleged that her codefendant's recantation of his trial testimony constitutes newly-discovered evidence of her innocence. Upon our review of the record, we agree with the coram nobis court that Petitoner was previously granted a meaningful opportunity to present this claim, and we affirm its decision to dismiss the petition. |
Polk | Court of Criminal Appeals | |
Nathan Young Payne v. State of Tennessee
Petitioner, Nathan Young Payne, appeals the dismissal of his motion to withdraw his guilty plea, which the lower court subsequently treated as a petition for post-conviction relief. Because Petitioner has not proven that due process requires tolling of the statute of limitations for post-conviction purposes, the decision of the post-conviction court is affirmed. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Jesse Allen Christman
The Defendant-Appellant, Jesse Allen Christman, entered guilty pleas to aggravated assault and kidnapping, Class C felonies, with the trial court to determine the length and manner of service of the sentences. Aftera sentencing hearing, the trial court sentenced him to twelve years in the Tennessee Department of Correction. On appeal, the Defendant argues that the trial court abused its discretion in imposing an excessive sentence and in denying him an alternative sentence. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Eric Darnell Whitaker
The Defendant, Eric Darnell Whitaker, was found guilty by a Maury County Circuit Court jury of attempt to commit first degree premeditated murder, a Class A felony, two counts of aggravated assault, Class C felonies, reckless endangerment, a Class E felony, and theft of property valued at $1000 or more but less than $10,000, a Class D felony. See T.C.A. §§ 39-13-202 (2014), 39-12-101 (2014), 39-13-102 (Supp. 2011) (amended 2013), 39-13-103 (2010) (amended 2011, 2012, 2013), 39-14-103 (Supp. 2011) (amended 2014). The trial court sentenced the Defendant as a Range I, standard offender to twenty years for attempted first degree murder, five years for each aggravated assault, two years for reckless endangerment, and three years for theft. The court ordered consecutive service for one aggravated assault, the reckless endangerment, and the theft sentences, for an effective thirty-year sentence. On appeal, the Defendant contends that the evidence is insufficient to support his attempted first degree murder and theft convictions. We affirm the judgments of the trial court. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Emily Brittany Davis
The Defendant, Emily Brittany Davis, pleaded guilty to one count of vandalism under $500 and was sentenced to serve eleven months, twenty-nine days on supervised probation and pay restitution to the victim. After a hearing, where the victim testified about the cost of the Defendant’s vandalism, the criminal court ordered the Defendant to pay $800 in restitution, and the Defendant appeals this order. Following a careful review of the record and applicable law, we affirm. |
Davidson | Court of Criminal Appeals | |
Antonio Bigsbee v. State of Tennessee
Following a jury trial, Antonio Bigsbee (“the Petitioner”) was convicted of especially aggravated kidnapping and reckless endangerment and sentenced as an especially mitigated offender to thirteen and a half years’ incarceration. The Petitioner filed a petition for post-conviction relief alleging that trial counsel failed to communicate a plea offer of eight years’ incarceration. After a hearing, the post-conviction court denied relief. Discerning no error, we affirm the judgment of the post-conviction court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Myron Pierre Walton
Defendant, Myron Pierre Walton, appeals from the trial court’s summary dismissal of his motion filed pursuant to Tennessee Rule of Criminal Procedure 36.1. The State concedes that the trial court erred by summarily dismissing Defendant’s motion. Following our review of the parties’ briefs, the record, and the applicable law, we reverse the trial court’s order dismissing the motion and remand for appointment of counsel if Defendant is indigent and for other proceedings pursuant to Tennessee Rule of Criminal Procedure 36.1. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v.Dwight R. Walton
Appellant, Dwight R. Walton, stands convicted of two counts of rape of a child, Class A felonies; three counts of aggravated sexual battery, Class B felonies; and two counts of soliciting sexual exploitation of a minor by electronic means, Class C felonies. He received an effective sentence of fifty years in the Tennessee Department of Correction. On appeal, he argues that the evidence was insufficient to support his convictions; that the trial court abused its sentencing discretion; that the trial court committed plain error by finding that appellant did not present a prima facie case of gender discrimination by the State in jury selection; and that the trial court committed plain error by denying appellant's request for the offense of child abuse to be charged to the jury as a lesser-included offense of rape of a child. Following our careful review, we conclude that one of appellant‟s convictions for aggravated sexual battery must be reversed for insufficient evidence and that the remaining two convictions for aggravated sexual battery must be merged. We affirm the remainder of appellant's convictions. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Anthony Todd Ghormley
The Defendant, Anthony Todd Ghormley, entered a nolo contendere plea to sexual battery by an authority figure and received an effective five-year sentence to be served on community corrections. Approximately nine years after the judgment was filed, the Defendant filed a motion pursuant to Tennessee Criminal Procedure Rule 36.1 requesting that the trial court correct an illegal sentence. The trial court summarily dismissed the motion as moot on the basis the Defendant had already served his sentence. On appeal, the Defendant contends that the trial court erred in dismissing his motion. We affirm the judgment of the trial court. |
Loudon | Court of Criminal Appeals | |
State of Tennessee v. Anthony Todd Ghormley - separate opinion
I concur in the finding that Petitioner has not stated a colorable claim for which he is entitled to relief under Rule 36.1. I write separately in order to express my disagreement with the statement in the lead opinion that the plain language of Tennessee Rule of Criminal Procedure 36.1 forecloses the conclusion that a claim of an illegal sentence is moot because the sentence has expired. I respectfully disagree particularly in this case when the record allows for a common sense, straightforward calculation leading to the inescapable conclusion that Petitioner‟s Community Corrections sentence has long since expired.
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Loudon | Court of Criminal Appeals |
