State of Tennessee v. Khaliq Ra-El-Concurring
I concur in the result reached by the majority. I write separately to respectfully depart from the majority’s undertaking an analysis of the sufficiency of the evidence of passion and provocation. In my view, the reference to passion and provocation in the voluntary manslaughter statue does not denote an essential element of the offense. It describes a dispensation to a defendant who, having intentionally or knowingly killed another, would otherwise be guilty of first degree or second degree murder respectively. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marvin Roscoe
This is a Rule 9, Tennessee Rules of Appellate Procedure, interlocutory appeal by the State of Tennessee of the trial court’s granting in part the defendant’s motion to suppress. On March 1, 2012, the Shelby County Grand Jury returned a two-count indictment charging the defendant, Marvin Roscoe, with DUI and DUI over .08%. The defendant filed a motion to suppress any evidence seized or statements made as a result of his stop and arrest. The trial court entered an order denying in part the defendant’s motion to suppress any evidence pertaining to the initial traffic stop and granting in part the defendant’s motion to suppress any evidence pertaining to the defendant’s subsequent arrest. The State now appeals, arguing that the trial court erred in granting in part the defendant’s motion to suppress the evidence regarding his subsequent arrest. Based upon our review, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Angela M. Greene
The Defendant, Angela M. Greene, was convicted by a McMinn County Circuit Court jury of first degree felony murder in the perpetration of theft, a Class A felony; aggravated assault, a Class C 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(a)(2) (2010) (first degree murder), 39-13-102 (Supp. 2009) (amended 2010, 2011, 2013) (aggravated assault), 39-14-103 (2010) (theft of property); 39-14-105(3) (2010) (amended 2012) (grading of theft). The trial court sentenced the Defendant to life as a violent offender for the first degree murder conviction, six years as a Range I, standard offender for aggravated assault, and four years as a Range I, standard offender for theft. The aggravated assault and theft sentences were imposed consecutively to each other but concurrently with the life sentence. On appeal, the Defendant contends that (1) the evidence is insufficient to support the convictions and (2) the trial court erred in admitting evidence of the victim’s hearsay statements. We affirm the judgments of the trial court. |
McMinn | Court of Criminal Appeals | |
Charles McHaney v. State of Tennessee
The petitioner, Charles McHaney, filed a petition in the Davidson County Criminal Court, seeking post-conviction relief. The post-conviction court dismissed the petition as untimely. On appeal, the petitioner challenges the dismissal. Upon review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Reginald Fowler v. State of Tennessee
Petitioner, Reginald Fowler, was convicted of aggravated arson following a bench trial, and he was sentenced to twenty years in the Tennessee Department of Correction. Following an unsuccessful direct appeal, he filed the instant petition for post-conviction relief raising the following issues: (1) whether he was denied a fair trial due to the alleged impairment of the trial judge; (2) whether ineffective assistance of trial counsel rendered his waiver of a jury trial involuntary; and (3) whether trial counsel’s assistance was ineffective by failing to present the testimony of a pharmacologist at trial. After an evidentiary hearing, the postconviction court denied relief. Following our review, we affirm the judgment of the postconviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. James Jones
Defendant, James Jones, was charged by indictment with the offense of aggravated robbery. A jury found him guilty of the lesser included offense of facilitation of aggravated robbery, a Class C felony. At the sentencing hearing, the trial court denied Defendant’s request to be placed on judicial diversion. Instead, the trial court sentenced Defendant to serve four years of incarceration. Defendant raises one issue on appeal. He argues that the trial court should have ordered judicial diversion. After a thorough review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. David Wayne Felts
A Davidson County jury convicted the Defendant, David Wayne Felts, of six counts of rape of a child and two counts of aggravated sexual battery. The trial court sentenced the Defendant as a Range II, multiple offender to a total effective sentence of one hundred and fourteen years to be served in the Tennessee Department of Correction. On appeal, the Defendant contends: (1) the evidence is insufficient to support his rape of a child conviction in Count 2; (2) the trial court failed to compel the State to elect specific facts sufficient to distinguish Count 6 from Count 5; (3) the trial court erred when it admitted into evidence the victim’s statement to a nurse practitioner as a statement made for the purpose of medical diagnosis and treatment, pursuant to Tennessee Rule of Evidence 803(4); (4) the trial court erred when it admitted into evidence the victim’s statement as a prior consistent statement; and (5) the trial court imposed an excessive sentence. After a thorough review of the record and applicable law, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Antwon Cook v. State of Tennessee
The Petitioner, Antwon Cook, appeals the Bradley County Criminal Court’s denial of his petition for a writ of error coram nobis regarding his convictions for possession of more than one-half gram of cocaine with the intent to sell and sale of more than one-half gram of cocaine, for which he is serving an effective eight-year sentence. The Petitioner contends that the trial court erred by denying him relief. We affirm the judgment of the trial court. |
Bradley | Court of Criminal Appeals | |
Antwan Yumata Hunter v. State of Tennessee
The petitioner, Antwan Yumata Hunter, pled guilty to one count of the sale of less than 0.5 grams of cocaine, a Class C felony. On appeal, he argues that he received ineffective assistance of counsel that rendered his guilty plea involuntary. Specifically, he contends that trial counsel were ineffective for failing to advise him of a mandatory fine that accompanied his guilty plea; for failing to file pretrial motions, including a motion to suppress; and for failing to fully investigate his case. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Jeffery Odom v. State of Tennessee
Petitioner, Jeffery Odom, was convicted and sentenced for two felonies, with his sentences to be served concurrently. He filed a petition for habeas corpus relief, contending that the concurrent sentences violated a statute that required consecutive sentencing under the circumstances. The trial court dismissed his petition. He filed a notice of appeal more than 30 days after the entry of the trial court’s order, in violation of Tennessee Rule of Appellate Procedure 4(b). We dismiss this appeal because of the untimely filing. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Tarrants Chandler
The defendant, Tarrants Chandler, was indicted by a grand jury for ten counts of rape by coercion, Class B felonies, and two counts of criminal exposure to HIV, Class C felonies. After a trial, the jury convicted the defendant of nine counts of rape by coercion and one count of criminal exposure to HIV. The trial court declared a mistrial as to Count 2, rape by coercion, and Count 12, criminal exposure to HIV. The conviction in Count 1 was dismissed by the trial court after the motion for a new trial. The defendant now appeals the remaining convictions, arguing that the evidence was not sufficient to find the defendant guilty of eight counts of rape by coercion, that the trial court erred by ruling that consent was not a defense to rape by coercion, that the trial court erred by failing to find prosecutorial misconduct based on aspects of the State’s closing argument, and that the trial court erred by imposing an effective fifty-year sentence on the defendant. After a thorough review of the record, we affirm the judgments of the trial court but remand for: (1) entry of corrected judgments that reflect the dismissal of Count 1; and (2) to correct clerical errors in the judgments on both Count 6, because the judgment in Count 6 orders the sentence to be served concurrently with the sentence from Count 2, which was declared a mistrial, and the judgment in Count 8, which states that the sentence is to be served concurrently, rather than consecutively to the sentence in Count 11. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Walter George Glenn
A Hamilton County jury convicted the Defendant, Walter George Glenn, of second degree murder, and the trial court imposed a Range II sentence of thirty-five years of incarceration. On appeal, the Defendant contends that: (1) the evidence is insufficient to support his conviction; (2) the trial court erred in allowing a medical examiner to testify as to the cause of the death in violation of his right to confrontation; and (3) the trial court erred when it sentenced him by improperly applying enhancement factors and failing to apply mitigating factors. After a thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Deon Lamont Cartmell
The Defendant, Deon Lamont Cartmell, was convicted by a Davidson County Criminal Court jury of second degree murder, a Class A felony, and received an eighteen-year sentence. See T.C.A. § 39-13-210 (2010). On appeal, the Defendant contends that the trial court erred (1) in admitting the victim’s statements into evidence, (2) in admitting evidence that the victim’s wedding ring was missing, (3) in admitting evidence that Megan Prisco had a flirtatious relationship with him before the victim’s death, (4) in admitting evidence that he boasted about his treating his wife poorly to Metro Police Field Training Officer Mackovis Peebles, (5) in admitting evidence that he carelessly left weapons around his house and used profanity when Antoya Brandon confronted him about it, (6) in admitting evidence of his conversation with Metro Police Chaplain James Duke, (7) in admitting proof of his relationships with other women after the victim’s death, (8) in allowing the State to question him about his contact with Paige Merriweather, (9) in allowing the State to question him about an incident three years before the victim’s death when he confronted her about having sex with other men, (10) in ordering redaction of a portion of the defense expert’s report, and (11) in enhancing his sentence. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Hamm
The Defendant, Kenneth Hamm, was convicted by a Shelby County Criminal Court jury of attempt to commit rape of a child, a Class B felony. See T.C.A. §§ 39-13-522 (2010) (rape of a child), 39-12-101 (criminal attempt), 39-12-107 (criminal attempt classification). The trial court sentenced him as a Range I, standard offender to ten years and one month in confinement. On appeal, he contends that (1) the evidence is insufficient to support his conviction; (2) the trial court erred in admitting into evidence his uncorroborated statements to Officer Diffee; (3) the court erred in excluding evidence of the victim’s previous allegations of sexual abuse by others; and (4) the court erred by applying insufficient weight to the mitigating factors during sentencing. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Billy McIllwain v. State of Tennessee
The Petitioner, Billy McIllwain, appeals the Gibson County Circuit Court’s denial of his petition for post-conviction relief from his 2009 convictions for first degree murder, two counts of aggravated assault, and possession of a deadly weapon with the intent to employ it in the commission of the offense and his effective sentence of life plus six years. The Petitioner contends that the trial court erred by denying him relief because he received the ineffective assistance of counsel. We affirm the judgment of the trial court. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Randy Sherrill
A Lake County jury convicted the Defendant, Randy Sherrill, of sale of a Schedule II controlled substance in a drug-free zone. The trial court sentenced the Defendant to serve eight years as a multiple offender. On appeal, the Defendant contends that: (1) “Markham Park” is not listed as a “park” by the State of Tennessee, the City of Tiptonville, or the Federal Government; (2) the State committed a Brady violation by not informing defense counsel of its confidential informant’s drug use during the time period of his transactions with the Defendant; (3) the State failed to prove chain of custody; and (4) the trial court, Tiptonville Police Chief England, and the State, engaged in improper conversations with the jury after jury deliberations had begun. After a thorough review of the record and the applicable authorities, we affirm the trial court’s judgment. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Robert King Vaughn, Jr.
Appellant, Robert King Vaughn, Jr., pled guilty to aggravated burglary and theft in case number F-64238 and aggravated burglary in case number F-68086 in Rutherford County Circuit Court. As a result, in case number F-64238, Appellant was ordered to serve 90 days in incarceration and the remainder of a four-year sentence on probation. In case number F-68086, Appellant was sentenced to thirteen years. The sentence was suspended and Appellant was ordered to serve the term on Community Corrections. A warrant was filed against Appellant for a violation of the terms of the Community Corrections sentence and probation. After a hearing, the trial court ordered Appellant to serve the remainder of the four-year sentence and thirteen-year sentence in incarceration. Appellant appeals. After a review of the record and applicable authorities, we affirm the judgments of the trial court but remand the matter to the trial court for correction of the order revoking Appellant’s Community Corrections sentence in case number F-68086 to reflect a violation of Community Corrections rather than probation. |
Rutherford | Court of Criminal Appeals | |
Gary Carr v. State of Tennessee
The Petitioner, Gary Carr, appeals the Circuit Court for Lauderdale County’s denial of his pro se petition for writ of habeas corpus. 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. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Aaron Guilliams
Aaron Guilliams (“the Defendant”) pleaded guilty to one count of attempted aggravated assault. Pursuant to a plea agreement, the Defendant was sentenced to two years, suspended to supervised probation, and reserved the right to have a hearing to determine his eligibility for judicial diversion. After a hearing, the trial court denied the Defendant’s request for judicial diversion. The Defendant timely appealed the trial court’s ruling. After a thorough review of the record and applicable law, we affirm the trial court’s judgment. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Moore
The defendant, Kenneth Moore, appeals his DeKalb County Criminal Court jury conviction of aggravated sexual battery, claiming that the trial court erred by denying his motions to introduce certain evidence, including evidence offered pursuant to Tennessee Rule of Evidence 412, and that the evidence was insufficient to support his conviction. Discerning no error, we affirm the judgment of the trial court. |
DeKalb | Court of Criminal Appeals | |
State of Tennessee v. Marvin Magay James Green
Marvin Magay James Green (“the Defendant”) pleaded guilty to several offenses, including possession with intent to sell or deliver .5 grams or more of cocaine within 1000 feet of a school zone (“the cocaine conviction”). The trial court sentenced the Defendant to fifteen years of incarceration for the cocaine conviction, to be served at 100%. The Defendant subsequently filed motions, a petition for post-conviction relief, and a petition for writ of habeas corpus, all attacking the cocaine conviction and sentence. The trial court consistently denied relief, and the Defendant appealed. This Court consolidated the Defendant’s appeals. Upon our thorough review of the record and applicable law, we conclude that the Defendant is entitled to no relief. We also have determined that the judgment order entered on the cocaine conviction contains a clerical error. Therefore, we remand this matter for the correction of that error. In all other respects, we affirm the trial court’s rulings and judgments. |
Sullivan | Court of Criminal Appeals | |
Bradley Wayne Adams v. State of Tennessee
Bradley Wayne Adams (“the Petitioner”) pleaded guilty to one count each of second degree murder and aggravated assault. The Petitioner subsequently filed for post-conviction relief, alleging ineffective assistance of counsel. Following a hearing, the post-conviction court denied relief. The Petitioner now appeals. Upon our thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
McMinn | Court of Criminal Appeals | |
Robert Jason Burgess v. Stanton Heidle, Warden
Petitioner, Robert Jason Burgess, pled guilty to two counts of the sale of a controlled substance and two counts of rape in Marshall County. As a result, he was sentenced to an effective sentence of twenty-six years. After the denial of post-conviction relief, Petitioner sought habeas corpus relief in which he argued that his guilty plea was unknowingly or involuntarily entered because he was not informed that his sentence carried a community supervision for life provision. After a review of the record and applicable authorities, we affirm the judgment of the habeas corpus court which dismissed the petition for relief. |
Marshall | Court of Criminal Appeals | |
Marvin Bobby Parker v. State of Tennessee
The petitioner, Marvin Bobby Parker, was convicted of reckless aggravated assault, two counts of assault, and one count of reckless endangerment after a violent confrontation at a racetrack. He appeals the denial of his petition for post-conviction relief. On appeal, the petitioner asserts that the post-conviction court erred in rejecting his argument that he received the ineffective assistance of counsel when: (1) trial counsel did not allow him to testify at the grand jury proceedings; (2) trial counsel did not request an instruction on self-defense during trial; (3) trial counsel failed to call certain witnesses at trial and at the preliminary hearing; (4) trial counsel failed to prepare him to testify; (5) trial counsel failed to pursue or advise him regarding pretrial diversion; (6) trial counsel did not introduce a videotape into evidence; and (7) trial counsel’s cumulative errors deprived him of a fair trial. After a review of the record, we conclude that the petition was properly dismissed, and we affirm the judgment of the post-conviction court. |
Bedford | Court of Criminal Appeals | |
Ronald L. Allen v. State of Tennessee
The petitioner, Ronald L. Allen, filed a petition for habeas corpus relief in the Lake County Circuit Court challenging his 2003 conviction of rape of a child. Because the petition fails to present a cognizable claim for habeas corpus relief, we affirm the habeas corpus court’s summary dismissal of the petition. |
Lake | Court of Criminal Appeals |
