Terry V. Johnson v. State of Tennessee
The pro se petitioner, Terry V. Johnson, appeals as of right from the Johnson County Circuit Court’s order denying his petition for writ of habeas corpus alleging that his 2005 conviction for sale of less than .5 grams of cocaine is void because the trial court failed to award pretrial jail credit. The State has filed a motion to affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the order of the trial court. |
Johnson | Court of Criminal Appeals | |
Anthony Clinton v. State of Tennessee
Petitioner, Anthony Clinton, was convicted by a Shelby County jury of robbery, a Class C felony, and was sentenced as a career offender to fifteen years in the Tennessee Department of Correction. Following an unsuccessful direct appeal, he filed the instant petition for post-conviction relief. The post-conviction court held an evidentiary hearing and denied relief. Appealing from the post-conviction court’s order, petitioner pursues the following claims of ineffective assistance of counsel: (a) failure to file a motion to suppress his identification; (b) failure to file a motion to suppress the evidence seized during the search of his person; and (c) failure to obtain copies of the store surveillance tapes and the 9-1-1 recordings. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Teresa Turner
The Defendant, Teresa Turner, pled guilty to reckless homicide, a Class D felony. The trial court sentenced the Defendant as a standard offender to three years with six months of the sentence to be served in confinement and the remainder of the sentence on supervised probation. The Defendant appeals, claiming that the trial court abused its discretion when it: (1) denied judicial diversion; (2) misapplied enhancement factors; and (3) ordered a sentence involving split confinement. After a thorough review of the record and applicable law, we reverse the judgment of the trial court. |
White | Court of Criminal Appeals | |
State of Tennessee v. Brian Marshall Keys
A Maury County jury convicted the Defendant, Brian Marshall Keys, of one count of selling 0.5 grams or more of cocaine within 1,000 feet of a school and two counts of selling less than 0.5 grams of cocaine within 1,000 feet of a school. The trial court ordered the Defendant to serve an effective sentence of fifteen years. On appeal, the Defendant asserts that the trial court erred when it denied his constitutional challenge to the Drug-Free School Zone Act and that the evidence is insufficient to support his convictions. After a thorough review of the record and relevant authorities, we affirm the trial court’s judgments. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Tawana Jones
Appellant, Tawana Jones, was convicted by a Shelby County jury of rape and abuse of an adult. See Tenn. Code Ann. §§ 39-13-502(a)(3), 71-6-117. The trial court sentenced appellant to twelve years and two years, respectively, to be served consecutively. On appeal, appellant challenges: (1) the sufficiency of the evidence supporting her rape conviction regarding whether the victim was mentally defective and, if so, whether appellant knew the victim was mentally defective; (2) the sufficiency of the evidence supporting appellant’s abuse of an adult conviction; (3) the trial court’s use of specific enhancement factors during sentencing; and (4) the trial court’s imposition of consecutive sentences. Following our review of the parties’ arguments, the record, and the applicable law, we affirm appellant’s rape conviction and, as the State concedes must be done, reverse and remand appellant’s abuse of an adult conviction for proceedings consistent with this opinion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. William Casey
In 2011, the defendant, a priest, was found guilty after a trial by jury of one count of first degree criminal sexual conduct and two counts of aggravated rape. The charges stemmed from conduct that occurred in 1979 and 1980, while the victim attended a school associated with the church. The defendant was sentenced to an overall effective sentence of thirty-five years. On appeal, the defendant claims that the trial court erred by refusing to dismiss his indictment because forcing him to stand trial more than thirty years after the crimes were committed violated his due process rights under the federal and state constitutions. However, reviewing these facts in light of the relevant test governing unconstitutional “preaccusatorial” delay set forth in State v. Gray, 917 S.W.2d 668 (Tenn. 1996), we hold that the thirty-two year delay in the defendant’s prosecution did not violate the constitutional rights of the defendant. The defendant also claims that the trial court committed errors with respect to myriad evidentiary and procedural matters relating to his motion to dismiss. Upon review, we conclude that the defendant has failed to establish entitlement to relief on any of these claims. Finally, the defendant claims that the trial court erred by failing to give special jury instructions concerning the need to corroborate the testimony of the victim of a sex crime, as if the victim were the defendant’s criminal accomplice. However, in State v. Collier, 2013 Tenn. LEXIS 636 (Tenn. Aug. 12, 2013), our supreme court recently overruled all of the cases on which the defendant relies, and no ex post facto concerns prohibit this court from relying on Collier to deny the defendant’s claim. Consequently, the judgments of the trial court are affirmed. |
Sullivan | Court of Criminal Appeals | |
Billy Coffelt v. State of Tennessee
The Petitioner, Billy Coffelt, appeals the Davidson County Criminal Court’s denial of post-conviction relief from his convictions for aggravated assault, three counts of misdemeanor theft, four counts of false imprisonment, and felony escape. In his appeal, the Petitioner argues that he received ineffective assistance of counsel based upon allegations that Counsel failed to move for an election of offenses; failed to pursue a claim based on the dismissal of one of the Petitioner’s co-defendant’s charges on appeal; and failed to request a jury instruction on the “natural and probable consequences” rule for criminal responsibility or raise it as a ground for relief on direct appeal. Upon review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Quincy Moutry v. State of Tennessee
Petitioner pleaded guilty to manufacturing less than .5 grams of a controlled substance and received a sentence of seven years. Petitioner filed an unsuccessful petition for post-conviction relief. On appeal, petitioner contends that he received ineffective assistance of counsel prior to his guilty plea hearing and that his guilty plea was not knowing and voluntary. Following our review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. George P. Fusco
Appellant, George P. Fusco, pleaded guilty to two counts of sexual battery by an authority figure and received a five-year sentence for each count, to be served concurrently. He served six months in confinement, and the remainder of his sentence was suspended to probation. A violation of probation warrant was subsequently filed, alleging that appellant drove an unregistered vehicle, owed $420 in “GPS fees,” used or possessed an alcoholic beverage, and violated regulations regarding Halloween trick-or-treaters. The trial court revoked his probation, and this appeal follows. Appellant now alleges that the trial court denied him procedural due process by failing to make adequate factual findings regarding the evidence supporting his probation revocation, that the trial court abused its discretion when it revoked his probation, and that the relevant Halloween probation conditions are unduly restrictive. Following our review, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Ashley Aaron Selke
Appellant, Ashley Aaron Selke, pleaded guilty to two counts of burglary and received a two-year sentence for each count, to be served concurrently. The record reflects that appellant received pretrial jail credit for time served in confinement, and the remainder of his sentence was suspended to probation. A violation of probation warrant was subsequently filed, alleging that appellant had committed new offenses while on probation. The trial court revoked his probation, and this appeal follows. Appellant now alleges that the trial court abused its discretion by ordering appellant to serve the remainder of his sentence in confinement rather than extending appellant’s probation or placing appellant in the community corrections program. After our review of the parties’ briefs, the record, and the applicable law, we affirm the judgment of the trial court. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Curtis Allen White
The appellant, Curtis Allen White, pled guilty in the Marshall County Circuit Court to three counts of aggravated assault, one count of domestic assault, one count of misdemeanor vandalism, and one count of resisting arrest. Pursuant to the plea agreement, the trial court was to determine the length and manner of service of the sentences. After a sentencing hearing, the appellant received an effective five-year sentence to be served in confinement. On appeal, the appellant contends that the trial court abused its discretion by denying his request for alternative sentencing. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Edward Fayte Webster, IV
The appellant, Edward Fayte Webster, IV, pled guilty in the Marshall County Circuit Court to nine counts of burglary, seven counts of felony vandalism, ten counts of misdemeanor vandalism, and eight counts of misdemeanor theft. Pursuant to the plea agreement, the trial court was to determine the length and manner of service of the sentences. After a sentencing hearing, the appellant received an effective four-year sentence to be served in confinement. On appeal, the appellant contends that the trial court abused its discretion by denying his request for alternative sentencing. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Phillip Matthew Burgess
The defendant, Phillip Matthew Burgess, appeals his Marshall County Circuit Court jury convictions of first degree premeditated murder, attempted first degree murder, and aggravated assault, raising a variety of issues for review, each of which is addressed to the trial court’s denial of his post-trial motions to compel and his motion for new trial. Discerning no reversible error, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Jerry Crawford Jr.
The defendant, Jerry Crawford, Jr., appeals his Madison County Circuit Court jury conviction of aggravated robbery, challenging the sufficiency of the evidence and the length of his sentence. In addition, the defendant claims that the prosecutor committed misconduct by impermissibly shifting the burden of proof to the defense during closing argument. Discerning no reversible error, we affirm the conviction. Because the trial court improperly classified the defendant as a career offender, the sentence imposed is vacated, and the case is remanded for resentencing. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Michael Lynn Poston
The defendant, Michael Lynn Poston, appeals his White County Criminal Court jury conviction of aggravated sexual battery claiming that (1) the trial court erred by denying his motion for recusal; (2) the trial court erred by denying his motion for change of venue; (3) the trial court erred by failing to swear the victim prior to her testimony; (4) the trial court erred by admitting certain hearsay testimony; (5) the evidence was insufficient to support his conviction; and (6) the sentence was excessive. Discerning no error, we affirm the judgment of the trial court. |
White | Court of Criminal Appeals | |
State of Tennessee v. Mateem Hudson
A Shelby County Criminal Court Jury convicted the appellant, Mateem Hudson, of second degree murder, a Class A felony, and the trial court sentenced him to twenty-three years in confinement to be served at 100%. On appeal, the appellant contends that the trial court erred by allowing the State to introduce evidence about his other bad acts and that the evidence is insufficient to support the conviction. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Willie Lewis Tolbert v. State of Tennessee
Petitioner, Willie Lewis Tolbert, pleaded guilty to two counts of robbery, one count of carjacking, and one count of unlawful possession of a weapon. Pursuant to petitioner’s plea agreement, the trial court imposed a sentence of eight years. Petitioner applied for probation, which the trial court denied, and the trial court ordered petitioner to serve his sentence in confinement. Petitioner filed the instant petition for post-conviction relief, in which he alleged that he received ineffective assistance of counsel and that his guilty plea was not entered knowingly, voluntarily, and intelligently. Following an evidentiary hearing, the post-conviction court denied relief. On appeal, petitioner argues that he received ineffective assistance of counsel when trial counsel: (1) failed to properly communicate with petitioner prior to his guilty plea submission hearing; (2) failed to adequately advise petitioner regarding whether he would receive probation; and (3) made an incorrect prediction that petitioner’s case would be dismissed in general sessions court. He further argues that these errors rendered his guilty plea involuntary. After our review of the parties’ briefs, the record, and the applicable law, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Gary S. Holman
The defendant, Gary S. Holman, stands convicted of aggravated burglary, employing a firearm in the commission of a dangerous felony, false imprisonment, first degree felony murder, and especially aggravated robbery. He is currently serving an effective sentence of life plus eleven years. On appeal, the defendant contends that: (1) the trial court erred by not allowing extrinsic evidence to be used to impeach a witness under Tennessee Rules of Evidence Rule 613(b);(2) that the trial court erred by allowing prejudicial photographs of a victim into evidence; and (3) that the evidence is insufficient to support his convictions. Following review of the record, we conclude that the evidence is sufficient to support the convictions. However, the petitioner’s remaining two issues are waived for failure to prepare an adequate record on appeal. As such, the judgments of conviction are affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Gary S. Holman - concurring in part and dissenting in part
Although I agree with most of the conclusions set forth in the majority opinion, in my view, the trial court’s failure to instruct the jury properly pursuant to State v. White, 362 S.W.3d 559 (Tenn. 2012), constitutes plain error. Therefore, I would reverse the defendant’s conviction for false imprisonment and remand the case to the trial court for a new trial as to that offense. |
Knox | Court of Criminal Appeals | |
Dean Heath v. State of Tennessee
Petitioner, Dean Heath, filed a petition for writ of error coram nobis concerning his convictions in the Shelby County Criminal Court for first degree murder with a sentence of life imprisonment and for especially aggravated robbery with a sentence of 25 years to be served concurrently with the life sentence. The petition was dismissed without an evidentiary hearing, and Petitioner appeals. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ricky Lee Nelson
In 1990, the petitioner was convicted of robbery with a deadly weapon, second degree burglary, and aggravated rape. He received an effective sentence of twenty-five years. His convictions were affirmed on direct appeal and in post-conviction litigation. In 2010, the petitioner filed a Motion for Post-Conviction DNA Testing of a knife believed to have been brandished during the crimes, and the post-conviction court denied the motion after a non-evidentiary hearing. This court remanded the case to the post-conviction court for reconsideration in light of Powers v. State, 343 S.W.3d 36, 56 (Tenn. 2011). On remand, the post-conviction court conducted another hearing and again denied the motion. On appeal, the defendant claims that the post-conviction court erred by: (1) finding that the knife at issue was not in adequate condition to permit DNA testing; and (2) holding that exculpatory results would have been insufficient to establish a reasonable probability that the defendant would not have been prosecuted or convicted of the crimes. After review, we agree that the post-conviction court applied incorrect legal standards and reached erroneous results when it made these determinations. Using the correct legal standards as set forth by our supreme court in Powers, the defendant has established his entitlement to DNA testing of the knife handle. The judgment of the post-conviction court is reversed, and the case is remanded to the post-conviction court for entry of an order granting the request for DNA analysis. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ricky Lee Nelson-Concurring
I write separately to express my opinion that the result of this case is mandated by the following language in Powers v. State, 343 S.W.3d 36, 55 (Tenn. 2011): |
Shelby | Court of Criminal Appeals | |
Roy Shotwell Jr. v. State of Tennessee
In 2007, a Fayette County jury found petitioner guilty of two counts of rape and one count of sexual battery. The trial court sentenced him to an effective sentence of twenty years in the Tennessee Department of Correction. This court denied petitioner’s direct appeal, and he subsequently filed a petition for post-conviction relief alleging that he received ineffective assistance of counsel. He now appeals from the post-conviction court’s order denying relief. Petitioner contends that he received ineffective assistance of counsel when counsel failed to object to evidence that petitioner had been admitted to a mental health facility and when counsel did not appeal the trial court’s denial of his motion to suppress certain statements. Following our careful review, we affirm the judgment of the post-conviction court. |
Fayette | Court of Criminal Appeals | |
Ronald Yates v. State of Tennessee
The Petitioner, Ronald Yates, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his convictions for first degree murder and attempt to commit first degree murder and his sentence of life plus twenty-three years. The Petitioner contends that he received the ineffective assistance of appellate counsel. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Alex W. Gibson
Pursuant to his guilty-pleaded convictions, appellant, Alex Wayne Gibson, was sentenced to four years, suspended to probation, for aggravated burglary and several misdemeanor charges. A probation violation warrant was issued that alleged several technical violations as well as a failed drug screen. Following a probation revocation hearing, the trial court revoked appellant’s probation and ordered execution of the four-year sentence. It is from this order that he now appeals. Upon our review, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals |
