Milton L. Kirk Jr. v. State of Tennessee
Milton L. Kirk, Jr., (“the Petitioner”) was convicted by a jury of sale of .5 grams or more of cocaine. The Petitioner then pleaded guilty to tampering with evidence and possession with intent to sell or deliver cocaine. The trial court sentenced the Petitioner to an effective sentence of sixteen years’ incarceration. The Petitioner subsequently filed for postconviction relief, which the post-conviction court denied following an evidentiary hearing. The Petitioner now appeals, arguing that he received ineffective assistance of counsel at trial and that his guilty plea was constitutionally invalid. Upon our thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court. |
Dyer | Court of Criminal Appeals | |
Mark L. Peck v. State of Tennessee, et al
The petitioner, Mark L. Peck, appeals the denial of his petition for writ of error coram nobis, arguing that newly discovered evidence of the unreliability of an FBI agent’s firearms testimony entitles him to a new trial. Following our review, we affirm the denial of the petition. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Michael Anthony Skettini
The Defendant, Michael Anthony Skettini, appeals as of right from the Blount County Circuit Court’s revocation of his probation and order of confinement for one year. The Defendant contends that the trial court abused its discretion in revoking his probation based upon the “limited evidence” of driving under the influence (DUI) presented at the revocation hearing and that a “lesser period of split confinement . . . would have been more reasonable” under the circumstances. Following our review, we affirm the trial court’s revocation of the Defendant’s probationary sentences and order of confinement. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Norman Branch
A jury convicted the Defendant, Norman Branch, of theft of $500 or less and intentionally evading arrest in a motor vehicle. After a hearing, the trial court imposed an effective sentence of six years, eleven months, and twenty-nine days, to be served in the workhouse. In this direct appeal, the Defendant contends the following: (1) the trial court erred in allowing him to be impeached with twelve prior convictions; (2) the trial court erred in excluding certain of his testimony as inadmissible hearsay; (3) the evidence was not sufficient to support his evading arrest conviction; (4) the trial court provided an improper jury instruction on the evading arrest charge; (5) the trial court erred in sentencing him as a career offender; and (6) cumulative error entitles him to a new trial. Upon our thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Dennis Butler
Dennis Butler (“the Defendant”) pleaded guilty to one count of sale of cocaine. Pursuant to the plea agreement, the Defendant was sentenced to four years suspended to probation. Upon the filing of a probation revocation warrant, the Defendant was taken into custody, and a revocation hearing was held. At the conclusion of the hearing, the trial court revoked the Defendant’s probation and ordered him to serve his original sentence in confinement. The Defendant timely appealed the trial court’s ruling. Upon a thorough review of the record, we affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Anthony Antonio Cole
Anthony Antonio Cole (“the Defendant”) was convicted by a jury of driving under the influence, driving without a license, violation of the financial responsibility law, violation of the registration law, and failure to yield the right of way. Following a sentencing hearing, the trial court ordered the Defendant to serve a total effective sentence of twelve months and twenty-nine days in confinement. In this direct appeal, the Defendant challenges the sufficiency of the evidence supporting his convictions for driving under the influence, driving without a license, and failure to yield the right of way. Upon our thorough review of the record and applicable law, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
Cedric Dickerson v. State of Tennessee
Cedric Dickerson (“the Petitioner”) was convicted by a jury of first degree felony murder and aggravated robbery. The trial court sentenced the Petitioner to life without the possibility of parole for his first degree felony murder conviction and eleven years for his aggravated robbery conviction and ordered the sentences to run concurrently. On direct appeal, this Court affirmed the trial court’s judgments. See State v. Cedric Dickerson, No. 02C01-9802-CR-00051, 1999 WL 74213, at *4 (Tenn. Crim. App. Feb. 17, 1999). The Petitioner subsequently filed for post-conviction relief, which the post-conviction court denied following a post-conviction hearing. The Petitioner now appeals, arguing that “the Eighth Amendment should prohibit life without parole sentences for juvenile offenders.” Upon our thorough review of the record and the applicable law, we affirm the post-conviction court’s decision denying relief. |
Shelby | Court of Criminal Appeals | |
Jonathan Everett v. State of Tennessee
A Shelby County jury convicted Petitioner, Jonathan Everett, of one count of second degree murder, one count of attempted voluntary manslaughter, and one count of reckless endangerment. He received an effective sentence of twenty-nine years, eleven months, and twenty-nine days for those offenses. This court affirmed the verdict and sentence on direct appeal. See State v. Jonathan Everett, W2008-01578-CCA-R3-CD, 2011 WL 1304893 (Tenn. Crim. App. at Jackson, Apr. 4, 2011). Petitioner subsequently filed a petition for post-conviction relief, alleging ineffective assistance of counsel at trial and on direct appeal. The Post-Conviction Court denied his petition. We affirm the decision of the Post-Conviction Court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jonathan L. Henderson
A Madison County Jury convicted Defendant, Jonathan Henderson, of rape of a child and aggravated sexual battery. He received concurrent sentences of twenty-five years for the rape conviction and ten years for aggravated sexual battery. On appeal, Defendant argues: (1) that the evidence was insufficient to support his convictions; (2) that the proof at trial did not establish venue; and (3) that his sentence was excessive. After a thorough review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Jedarrius Isabell
The defendant, Jedarrius Isabell, was convicted by a Shelby County Criminal Court jury of attempted first degree murder, a Class A felony; aggravated assault, a Class C felony; three counts of reckless endangerment with a deadly weapon, Class E felonies; and employment of a firearm during the commission of a dangerous felony, a Class C felony, and was sentenced to an effective term of twenty-six years in the Department of Correction. On appeal, he argues that: (1) the jury was exposed to extraneous prejudicial information and outside influence; (2) the trial court improperly communicated with a deliberating jury outside the presence of the defendant and counsel; (3) the failure to name the predicate felony in the indictment for employment of a firearm during the commission of a dangerous felony voids the conviction; (4) felony reckless endangerment is not a lesser-included offense of aggravated assault as charged in Counts 3 and 4 of the indictment; (5) double jeopardy bars his convictions for felony reckless endangerment in Counts 3, 4, and 5; (6) the trial court erred in failing to define “recklessly” in its jury instructions; and (7) the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Lavelle Mangrum
Lavelle Mangrum (“the Defendant”) was convicted by a jury of second degree murder. Following a sentencing hearing, the trial court sentenced the Defendant to twenty-four years’ incarceration. In this direct appeal, the Defendant contends that the evidence was insufficient to support his convictions, that the trial court erred in allowing testimony that the Defendant was gang affiliated, and that the trial court erred in allowing testimony that a witness was attacked shortly after giving a statement to police. Upon our thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Charles Sharp
Defendant, Charles Sharp, was originally indicted for one count of especially aggravated sexual exploitation of a minor, four counts of rape, one count of sexual battery by an authority figure, one count of statutory rape, and one count of vandalism under $500. Defendant was acquitted of all charges except especially aggravated sexual exploitation of a minor, on which the jury was hung. See State v. Sharp, 327 S.W.3d 704, 708 (Tenn. Crim. App. 2010). Defendant was tried again on the charge of especially aggravated sexual exploitation of a minor and convicted. Id. This court reversed Defendant’s conviction and remanded for a new trial based on the State’s having read a witness’s testimony from a prior trial into evidence without having shown the witness’s unavailability. Id. at 709-712. Defendant was tried twice more on the charge of especially aggravated sexual exploitation of a minor, and the juries were unable to reach a verdict. In the case sub judice, Defendant was tried and convicted again on the same charge and sentenced to 12 years of incarceration. Defendant now appeals his conviction and sentence and asserts the following: 1) the trial court erred by not dismissing the indictment pursuant to our supreme court’s holding in State v. Witt, 572 S.W.2d 913, 917 (Tenn. 1978); 2) the trial court erred by allowing into evidence testimony of prior bad acts; and 3) the trial court’s imposition of a 12-year sentence was presumptively vindictive. After a careful review of the record and the briefs of the parties, we affirm Defendant’s conviction; however, we conclude that Defendant’s sentence violates Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004), and therefore, we modify Defendant’s sentence from twelve years to ten years. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Davarius Datron Smith
The defendant, Davarius Datron Smith, was convicted of two counts of attempted second degree murder, a Class B felony; employment of a firearm during the commission of a dangerous felony, a Class C felony; and reckless endangerment, a Class E felony. He was sentenced by the trial court to an effective eighteen-year sentence. On appeal, the defendant argues that he was entitled to a mistrial because the State failed to produce notes taken by an investigator, made improper closing arguments, and asked leading questions of its witnesses; the trial court failed to instruct the jury regarding the State’s duty to preserve evidence and of a lesser-included offense of the indicted charges; and the evidence was insufficient to sustain his convictions. After review, we affirm the judgments of the trial court. |
Lauderdale | Court of Criminal Appeals | |
STATE OF TENNESSEE v. TIMOTHY HOWARD CUNNINGHAM
A Davidson County Criminal Court Jury convicted the appellant, Timothy Howard Cunningham, of reckless endangerment by use of a deadly weapon, namely a motor vehicle. The trial court sentenced him to four years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his conviction. Upon review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Robert Lee Driskell
Robert Lee Driskill (“the Defendant”) pleaded guilty to one count of driving under the influence (“DUI”) and one count of violating the implied consent law. Pursuant to the Defendant’s plea agreement, the trial court sentenced the Defendant to eleven months, twenty-nine days’ incarceration, to be suspended on supervised probation after the service of forty-eight hours’ confinement. In conjunction with his guilty plea, the Defendant reserved the following certified question of law: “Whether the officer’s conduct violated the Defendant’s rights under Article I, Section 7 or the Fourth Amendment when the officer through activating blue lights caused the Defendant to stop his moving vehicle and encounter the officer.” Upon our thorough review of the record and applicable law, we hold that the Defendant is entitled to no relief. Accordingly, we affirm the judgments of the trial court. |
Blount | Court of Criminal Appeals | |
Danny Lee Greene v. State of Tennessee
The Petitioner, Danny Lee Greene, appeals the Washington County Criminal Court’s denial of his petition for post-conviction relief from his 2007 conviction for second degree murder and his twenty-three-year sentence as a violent offender. The Petitioner contends that the trial court erred by denying him relief because (1) juror bias existed and (2) he received the ineffective assistance of counsel. We affirm the judgment of the trial court. |
Washington | Court of Criminal Appeals | |
MYRON L. JOHNSON v. STATE OF TENNESSEE
The Appellant, Myron L. Johnson, appeals the trial court's summary dismissal of his petition for habeas corpus relief. The judgment of the trial court is affirmed. |
Hickman | Court of Criminal Appeals | |
KENNETH DEWAYNE JOHNSON v. STATE OF TENNESSEE
Petitioner, Kenneth Dewayne Johnson, pled guilty to aggravated assault in Davidson County on November 17, 2011. On June 10, 2013, Petitioner filed a pro se petition for post-conviction relief, alleging that the trial court lacked jurisdiction because the foreman of the grand jury that issued the indictment was ineligible to serve for being a convicted felon. Petitioner also asserted that he received ineffective assistance of counsel and entered an unknowing and involuntary plea. The post-conviction court dismissed the petition as untimely. On August 16, 2013, Petitioner, with the assistance of counsel, filed a second petition for post-conviction relief, arguing that the statute of limitations should be tolled in his case because the ineligibility of the grand jury foreman was not made public knowledge until after the statute of limitations had expired and was, therefore, a “later-arising” ground for relief. The post-conviction court dismissed the petition, finding that the ineligibility of the grand jury foreman did not divest the trial court of jurisdiction and that Petitioner was not denied effective assistance of counsel. Petitioner appealed. Upon a thorough review of the law and the facts in this case, we affirm the decision of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jawaune Massey
Jawaune Massey (“the Defendant”) was convicted by a jury of one count of first degree premeditated murder and one count of first degree felony murder as to victim Nolan; one count of first degree premeditated murder and one count of first degree felony murder as to victim Alexander; one count of especially aggravated robbery; one count of criminal conspiracy to commit aggravated robbery; one count of criminal conspiracy to possess more than 26 grams of cocaine with the intent to sell or deliver; one count of possessing more than 26 grams of cocaine for resale; and one count of maintaining a dwelling where controlled substances are used or sold. For these crimes, the Defendant was sentenced to serve an effective term of two consecutive life sentences. In these consolidated appeals, the Defendant contends that the evidence was not sufficient to support his convictions. He also contends that the trial court (1) erred in consolidating offenses; (2) should have conducted a hearing to determine if a “stun belt” was a necessary restraint of the Defendant during trial; (3) should have instructed the jury that several witnesses were accomplices as a matter of law; and (4) should not have run his life sentences consecutively. Upon our thorough review of the record and applicable law, we reverse on grounds of insufficient evidence the Defendant’s conviction of criminal conspiracy to possess more than 26 grams of cocaine with intent to sell or deliver and his conviction of maintaining a dwelling where controlled substances are used or sold. We affirm the remaining judgments. |
Sullivan | Court of Criminal Appeals | |
STEVEN JAMES MCCAIN v. STATE OF TENNESSEE
The petitioner, Steven James McCain, appeals the denial of his petition for post-conviction relief from his 1998 Davidson County Criminal Court jury convictions of two counts of first degree premeditated murder, claiming that the State withheld material evidence at trial and that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
Charles Middlebrook v. State of Tennessee
The Petitioner, Charles Middlebrook, appeals the Knox County Criminal Court’s denial of his petition for post-conviction relief from his 2011 convictions upon guilty pleas for theft valued more than $1000 but less than $10,000 and assault and his Range III eight-year sentence. The Petitioner contends that his guilty pleas were involuntarily entered because he received the ineffective assistance of counsel. We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. James Joseph Ryan
Following a jury trial in Knox County Criminal Court, Defendant, James Joseph Ryan, was convicted of burglary of a business (an automobile dealership) and theft of property of more than $10,000.00 in value. He was sentenced as a Range II offender to an effective sentence of ten years. In this appeal, Defendant asserts that accomplice testimony was not corroborated, that the trial court erred by not finding a certain witness was an accomplice as a matter of law, and that the trial court erred by ordering Defendant to pay the court costs. After a thorough review we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Jacqueline Nicole Bolden
Defendant, Jacqueline Nicole Bolden, pled guilty to one count of theft of property in an amount more than $60,000, a Class B felony, with an agreed upon sentence of eight years as a Range I offender with the trial court to determine manner of service of the sentence. The trial court ordered Defendant to serve her eight-year sentence on “split confinement” with fifty days to be served on the weekends. Defendant was also ordered to perform one day of community service per month for the first three years of her sentence. On appeal, Defendant contends the trial court erred by denying her request for full probation. We conclude the trial court did not abuse its discretion in sentencing Defendant. Accordingly, we affirm the judgment of the trial court. |
Claiborne | Court of Criminal Appeals | |
LEONARD ALLEN v. STATE OF TENNESSEE
On January 3, 2003 the Davidson County Grand Jury indicted Petitioner, Leonard Allen, for especially aggravated robbery. Following a jury trial, Petitioner was convicted of the charged offense. The trial court sentenced Petitioner to twenty years of incarceration. Petitioner filed a notice of appeal. Subsequently, Petitioner filed a petition to plead guilty to aggravated robbery in the same case. The trial court, upon agreement of the parties, vacated the conviction for especially aggravated robbery and accepted a plea agreement to aggravated robbery with a sentence of ten years at thirty percent with credit for time served and the balance of the sentence to be served on probation. Petitioner appealed, challenging various aspects of his original conviction as well as the guilty plea. See State v. Leonard Allen, No. M2007-02581-CCA-R3-CD, 2011 WL 1344462 (Tenn. Crim. App. at Nashville, April 5, 2011), perm. app. denied, (Tenn. July 14, 2011). On direct appeal, this Court invalidated the plea agreement, finding, among other things, that the trial court lacked jurisdiction to enter the plea agreement where Petitioner had already filed a notice of appeal. This Court then reinstated Petitioner’s conviction for especially aggravated robbery. On remand, the trial court reinstated the accompanying twenty-year sentence. Subsequently, Petitioner sought post-conviction relief in which he argued, inter alia, that he received ineffective assistance of counsel at trial. Following a hearing, the post-conviction court entered an order denying Petitioner relief. On appeal, Petitioner argues that the post-conviction court erred in dismissing his Petition for Post-Conviction Relief based on ineffective assistance of his trial counsel. After a thorough review of the record, we affirm the judgment of the post-conviction court denying the petition for relief. |
Davidson | Court of Criminal Appeals | |
STATE OF TENNESSEE v. TOMMY DALE ADAMS
A Wilson County Jury convicted Defendant, Tommy Dale Adams, of first-degree felony murder, second-degree murder, and especially aggravated robbery. He received concurrent sentences of life for first degree felony murder, twenty years for second degree murder, and twenty years for especially aggravated robbery. On appeal, Defendant argues: (1) that the trial court erred in admitting a photograph into evidence after finding that its probative value outweighed its prejudicial effect; (2) that the trial court erred in excluding testimony by Dewy Raymond, finding that it was inadmissible hearsay; and (3) that the evidence was insufficient to support his convictions for first degree felony murder, second degree murder, and especially aggravated robbery. After a thorough review, we remand the matter to the trial court for entry of a corrected judgment to reflect that the convictions of felony murder and second degree murder are merged into one count of felony murder. In all other respects, we affirm the judgments of the trial court. |
Wilson | Court of Criminal Appeals |
