Felix Tamayo v. State of Tennessee
The Petitioner, Felix Tamayo, pled guilty to five counts of aggravated robbery and agreed to allow the trial court to determine the length and manner of service of his sentence. After a sentencing hearing, the trial court imposed consecutive twelve-year sentences for a total effective sentence of sixty years. On appeal, this Court affirmed the Petitioner’s sentence. State v. Felix Tamayo, No. M2010-00800-CCA-R3-CD, 2011 WL 1876315, at *1 (Tenn. Crim. App., at Nashville, May. 16, 2011), perm. app. denied (Tenn. Sept. 21, 2011). The Petitioner timely filed a petition seeking post-conviction relief on the basis that his guilty plea was not knowingly and voluntarily entered, which the post-conviction court denied after a hearing. The Petitioner appeals the post-conviction court’s denial, maintaining that his guilty pleas were not knowingly and voluntarily entered because he was not advised that he could receive consecutive sentencing. After a thorough review of the record, the briefs, and relevant authorities, we affirm the post-conviction court’s judgment. |
Davidson | Court of Criminal Appeals | |
Derrick Hodge v. State of Tennessee
The petitioner, Derrick Hodge, filed in the Hamilton County Criminal Court a petition for post-conviction relief from his guilty plea to possession of less than .5 grams of cocaine with the intent to sell. The post-conviction court dismissed the petition because it was untimely. On appeal, the petitioner contends that the holdings in Missouri v. Frye, __ U.S. __, 132 S.Ct. 1399 (2012), and Lafler v. Cooper, __ U.S. __, 132 S. Ct. 1376 (2012), establish a new rule of law that is entitled to retroactive application to cases on collateral review. Upon review, we affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Ronald Lynn Cook
The Defendant, Ronald Lynn Cook, pled guilty to six counts of forgery valued at less than $1,000, a Class E felony. See Tenn. Code Ann. §§ 39-14-105, -114. The trial court imposed an effective sentence of ten years to be served in confinement. In this appeal as of right, the Defendant contends that the trial court erred by imposing partial consecutive sentences. Following our review, we affirm the judgments of the trial court. |
Union | Court of Criminal Appeals | |
Demetrius Wynn v. State of Tennessee
The petitioner, Demetrius Wynn, filed in the Knox County Criminal Court a petition for post-conviction relief from his guilty plea to possession of less than .5 grams of cocaine with the intent to sell. He alleged that his trial counsel was ineffective and that his guilty plea was not knowingly and voluntarily entered. The post-conviction court denied relief, and the petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Astin D. Hill
The Defendant, Astin D. Hill, contends that the trial court improperly (1) denied all forms of alternative sentencing in direct contravention of Tennessee Code Annotated section 40-35-122, which prohibits continuous confinement for non-violent property offenses, and (2) imposed consecutive sentencing based on its erroneous finding that the Defendant had an extensive criminal history. After a review of the record and the applicable authorities, we conclude that the trial court’s failure to follow the dictates of section 40-35-122 was in error and affirm in part, reverse in part, and remand the case for resentencing. |
Madison | Court of Criminal Appeals | |
George Jones v. State of Tennessee
The Petitioner, George Jones, contends that he received the ineffective assistance of counsel at trial, effectively depriving him of his constitutional right to counsel. Specifically, the Petitioner claims that trial counsel failed to do the following: investigate the facts of and adequately prepare for his case; prepare him for his trial testimony; and advise him of the potential consequences of his decision to testify. After a thorough review of the record and the applicable authorities, we discern no error and affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
Jeremiah R. Key v. State of Tennessee
Petitioner, Jeremiah R. Key, sought post-conviction relief from his guilty-pleaded convictions for aggravated robbery, second degree murder, and coercion of a witness. The post-conviction court denied relief after an evidentiary hearing. On appeal, petitioner raises the following issues: (1) ineffective assistance of counsel for failure to adequately communicate with petitioner; (2) ineffective assistance of counsel for failure to ensure that his guilty pleas were voluntarily entered; and (3) involuntariness of his guilty pleas. Following our review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey M. Forguson
A Stewart County jury convicted the Defendant, Jeffrey M. Forguson, of sale of a schedule IV drug (Alprazolam) and sale of a Schedule III drug (Dihydrocodeinone). The trial court sentenced the Defendant to serve consecutive six-year sentences for an effective sentence of twelve years in the Tennessee Department of Correction. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain his convictions; (2) consecutive sentencing was improper in his case; and (3) the trial court could not properly fulfill its role as thirteenth juror. After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Stewart | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey M. Forguson - Concurring
I concur in the majority opinion in this case and only write separately to respectfully comment about the issue of the trial judge’s Facebook “friendship” with the confidential informant in this case. |
Stewart | Court of Criminal Appeals | |
State of Tennessee v. Travis Andrew Harris
The Defendant, Travis Andrew Harris, was convicted by a Davidson County Criminal Court jury of attempt to commit especially aggravated robbery, a Class B felony, and evading arrest, a Class A misdemeanor. See T.C.A. § 39-12-101, 39-13-403, 39-16-603 (2010). He was sentenced as a Range I, standard offender to concurrent sentences of eleven years for the attempted especially aggravated robbery conviction and eleven months, twenty-nine days for the evading arrest conviction. On appeal, the Defendant contends that (1) the evidence is insufficient to support his attempted especially aggravated robbery conviction and (2) the trial court improperly admitted hearsay testimony as substantive evidence. We affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
William Arthur Shelton v. David Sexton, Warden
The Petitioner, William Arthur Shelton, appeals the Morgan County Circuit Court’s summary dismissal of his petition for habeas corpus relief from his 2004 convictions for first degree murder, three counts of false imprisonment, and two counts of vandalism and his effective life sentence. The Petitioner contends that the trial court erred by summarily denying relief. We affirm the judgment of the trial court. |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. Victor Thompson
The Defendant, Victor Thompson, was convicted by a Gibson County Circuit Court jury of second degree murder, a Class A felony, and theft of property valued at $500 or less, a Class A misdemeanor. See T.C.A. §§ 39-13-210(a)(1), 39-14-103 (2010). The trial court sentenced the Defendant as a Range I, standard offender to consecutive terms of twenty-five years for second degree murder and eleven months, twenty-nine days for theft. On appeal, the Defendant contends that the trial court erred during sentencing. We conclude that the lengths of the sentences are proper but that the trial court erred by failing to state on the record the facts and conclusions which support consecutive sentences pursuant to State v. Wilkerson, 905 S.W.2d 933, 938 (Tenn. 1995). We remand the case in order of the court to make its findings and conclusions on the record. |
Gibson | Court of Criminal Appeals | |
Tina G. Strickland v. State of Tennessee
The Petitioner, Tina G. Strickland, appeals the Carter County Criminal Court’s denial of her petition for post-conviction relief from her 2010 conviction upon a guilty plea for vehicular homicide and her twelve-year sentence. The Petitioner contends that the trial court erred by finding that her guilty plea was knowingly, voluntarily, and intelligently entered because she received the ineffective assistance of counsel. We affirm the judgment of the trial court. |
Carter | Court of Criminal Appeals | |
Luis Rodriguez v. State of Tennessee
The Petitioner, Luis Rodriguez, appeals the Davidson County Criminal Court’s summary dismissal of his petition for a writ of habeas corpus regarding his 2008 conviction for especially aggravated robbery, for which he is serving a twenty-five-year sentence. The Petitioner contends that the trial court erred in dismissing the petition when his guilty plea was unknowingly and involuntarily entered. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Larry Jereller Alston, et al
In this State appeal, the State challenged the Knox County Criminal Court’s setting aside the jury verdicts of guilty of especially aggravated kidnapping, aggravated burglary, and possession of a firearm with intent to go armed during the commission of a dangerous felony and ordering dismissal of the charges. This court reversed the judgment of the trial court setting aside the verdicts and dismissing the charges of especially aggravated kidnapping and aggravated burglary, reinstated the verdicts, and remanded the case to the trial court for sentencing. We also determined that although the trial court erred by dismissing the firearms charge on the grounds named in its order, error in the indictment for that offense nevertheless required a dismissal of those charges. Finally, we affirmed the defendants’ convictions of aggravated robbery. Upon the defendant’s application for permission to appeal, the Tennessee Supreme Court remanded the case to this court for consideration in light of State v. Cecil, 409 S.W.3d 599 (Tenn. 2013). Having reconsidered the case in light of the ruling in Cecil, we confirm our earlier holdings. The jury verdicts of especially aggravated kidnapping and aggravated burglary are reinstated, and those convictions are remanded to |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Virgil Calvin Howell
Appellant, the State of Tennessee, appeals after the Hardeman County Circuit Court granted a motion to dismiss the indictments against Appellee, Virgil Calvin Howell. Appellee was indicted by the Hardeman County Grand Jury for three counts of contracting without a license in violation of Tennessee Code Annotated sections 62-6-103 and 62-6-120. After a hearing, the trial court dismissed the indictments. On appeal, the State insists that the trial court improperly determined that Appellee was not a contractor because Appellee was supervising more than $25,000 of improvements to buildings that he owns and are intended for public use. After a review of the record and applicable authorities, we determine that the trial court improperly dismissed the indictments where the plain language of the statute indicates that the actions performed by Appellee amounted to contracting as defined by the statute. Accordingly, the judgment of the trial court is reversed, and the matter is remanded for further proceedings consistent with this opinion. |
Hardeman | Court of Criminal Appeals | |
Roger Joseph v. David Sexton, Warden
Roger Joseph (“the Petitioner”) filed a petition for writ of habeas corpus, asserting, among other claims, that, due to mental illness, he could not have formed the requisite intent for first degree murder. The habeas corpus court dismissed his petition without a hearing. The Petitioner now appeals. After a thorough review of the record and the applicable law, we affirm the habeas corpus court’s judgment dismissing the Petitioner’s habeas corpus petition. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Damien O. Armstrong
The defendant, Damien O. Armstrong, was convicted by a Dyer County Circuit Court jury of possession of .5 grams or more of cocaine with intent to sell or deliver, a Class B felony, and sentenced to eight years, with one year of confinement and the remainder on probation. On appeal, he argues that the trial court erred in denying his motion to suppress evidence found in his home because the search warrant was defective. After review, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. David Earl Freeman
Appellant, David Earl Freeman, pled guilty to three counts of theft of property and three counts of misapplication of funds in Hamilton County. He was sentenced to an effective sentence of sixteen years and placed on probation. He was also ordered to pay restitution to the victims. Subsequently, Appellant pled guilty to one count of theft of property and one count of passing a worthless check. A four-year sentence was imposed and ordered to run consecutively to the sixteen-year sentence. The new sentence was to be served on probation, and Appellant was ordered to pay restitution to the victims. A probation violation warrant was filed based in part on Appellant’s failure to pay restitution payments and the fact that he was convicted of several new charges in North Carolina. The trial court revoked Appellant’s probation and ordered him to serve the remaining fourteen years of his sentence in incarceration. After a review of the record and authorities, we determine that the trial court did not abuse its discretion in revoking Appellant’s probation as there was evidence to support the conclusion of the trial court that a violation of the conditions of probation occurred. Accordingly, the judgment of the trial court is affirmed. |
Hamilton | Court of Criminal Appeals | |
Timothy Christopher Pillow v. State of Tennessee
The Petitioner, Timothy Christopher Pillow, appeals the Davidson County Criminal Court’s denial of post-conviction relief from his conviction for especially aggravated robbery. In this appeal, the Petitioner argues that he received ineffective assistance of counsel. Upon review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jeremy Bo Eaker
In September of 2006 in exchange for an eight-year sentence, Appellant, Jeremy Bo Eaker, pled guilty to possession of over .5 grams of cocaine with the intent to sell. Appellant was released to probation with credit for time served. Subsequently, Appellant was arrested for possession of cocaine and hallucinogenic mushrooms. A violation of probation warrant was filed. Appellant pled guilty to possession of over .5 grams of cocaine and received a sentence of nine years, to be served concurrently to the eight-year sentence for which he was already on probation. Appellant’s probation was revoked, and Appellant was ordered to serve twelve months in incarceration with the trial court reserving the right to suspend the balance of the sentence upon Appellant’s entry into a drug treatment program. Following Appellant’s release from incarceration and reinstatement to probation, numerous probation violation warrants were filed against Appellant on the basis of among other things new criminal charges and positive drug screens. As a result of these various probation violations, Appellant’s probation was partially revoked, he was ordered to enter into and complete a drug treatment program, and he was ordered to community corrections. This appeal arises following a violation of probation warrant filed in response to Appellant’s January 17, 2013 arrest for possession of methamphetamine and failure to report the arrest to his probation officer. After a hearing, the trial court revoked Appellant’s probation and ordered him to serve the remainder of his effective nine-year sentence in incarceration. Appellant appeals, challenging the trial court’s decision to revoke probation. After a review of the record, we determine the trial court did not abuse its discretion. Accordingly, the judgment of the trial court is affirmed. |
Sequatchie | Court of Criminal Appeals | |
George Anthony Braddock v. State of Tennessee
The petitioner, George Anthony Braddock, appeals the denial of his petition for post-conviction relief. The petitioner was convicted of first degree premeditated murder and sentenced to life in prison. On appeal, he contends that the denial of his petition was in error because he was denied his right to the effective assistance of counsel. Specifically, he contends that trial counsel was ineffective by: (1) failing to investigate the petitioner’s psychological, mental, and physical health history and to present proof of such at trial in an attempt to negate the petitioner’s culpable mental state; (2) failing to file a motion to suppress the petitioner’s statement to law enforcement; and (3) failing to fulfill his duty of loyalty and to zealously advocate on behalf of the petitioner because of a familial relationship with the district attorney general. Following review of the record, we conclude that the petition was properly denied and affirm the judgment of the post-conviction court. |
Houston | Court of Criminal Appeals | |
State of Tennessee v. Terrell B. Johnson
The Defendant, Terrell B. Johnson, was found guilty by a Knox County Criminal Court jury of selling one-half gram or more of cocaine in a drug-free zone, a Class B felony. See T.C.A. § 39-17-417, -432 (2010). The Defendant was sentenced as a Range I, standard offender to eight years at 100% service. See id. § 39-17-432 (2010) (enhanced penalties for offenses committed in drug-free zones). On appeal, he contends that the trial court erred (1) by allowing evidence at the trial that was not included in the State’s discovery package and (2) by limiting his closing argument. We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Teddy R. Robbins, Jr.
Appellant, Teddy Russell Robbins, Jr., was indicted by the Scott County Grand Jury for domestic assault, aggravated assault, especially aggravated kidnapping, and aggravated rape based on acts committed against his wife. After a jury trial, Appellant was convicted of all the offenses as charged in the indictment. As a result, he was sentenced to an effective sentence of fifty years in incarceration. After the denial of a motion for new trial, Appellant filed a timely notice of appeal. On appeal, Appellant argues: (1) the evidence was insufficient to sustain the convictions for especially aggravated kidnapping and rape; and (2) the trial court erred by refusing to grant a mistrial. After our review, we determine that the evidence was sufficient to support the convictions, and the trial court did not abuse its discretion in denying a mistrial where the juror in question was dismissed from the jury pool and the trial court issued a curative instruction. Accordingly, the judgments of the trial court are affirmed. |
Scott | Court of Criminal Appeals | |
State of Tennessee v. Robert Edward Fritts
The Defendant-Appellant, Robert Edward Fritts, appeals his conviction for first degree premeditated murder, for which he received a sentence of life without parole. On appeal, he argues that (1) the trial court erred in allowing the State to introduce expert testimony regarding Fritts’s gang affiliation, and (2) the evidence is insufficient to support his conviction. Upon review, we affirm the trial court’s judgment. |
Anderson | Court of Criminal Appeals |
