Troy Douglas Bartley v. State of Tennessee
The Petitioner, Troy Douglas Bartley, appeals the Sullivan County Criminal Court’s denial of post-conviction relief from his convictions of two counts of aggravated assault, Class C felonies, one count of delivery of cocaine within 1,000 feet of a school zone, a Class B felony, one count of possession of cocaine with intent to sell or deliver within 1,000 feet of a school zone, a Class A felony, one count of attempted first degree murder, a Class A felony, one count of retaliation for past action, a Class E felony, and two additional counts of aggravated assault, Class C felonies. Based on the guilty plea hearing transcript, the Petitioner pleaded guilty in case number S57,639, to two counts of aggravated assault, both of which were merged by the trial court, and received a three-year-sentence. In case number S58,333, the Petitioner pleaded guilty to delivery of cocaine within 1,000 feet of a school zone, count one, which merged with count two, possession of less than five-tenths of cocaine with intent to sell or deliver within 1,000 feet of a school zone, and received an eight-year sentence. In case number S58,374, the Petitioner pleaded guilty to attempted first degree murder, count one, retaliation for past action, count two, and two additional counts of aggravated assault, counts three and four, which the trial court merged with count two. In regard to case number S58,374, the Petitioner was sentenced to fifteen and four years, respectively. The trial court ordered “all counts in each case [to be served] concurrent[ly] but each of the cases [were] consecutive[,]”for an effective sentence of twenty-six years’ imprisonment. On appeal, the Petitioner argues that he received ineffective assistance of counsel and that he entered involuntary and unknowing guilty pleas. 1 Upon review, we affirm the judgment of the post-conviction court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Christopher Michael Hooten
A Maury County jury convicted the Defendant, Christopher Michael Hooten, of first degree premeditated murder, first degree felony murder, aggravated robbery, and tampering with evidence. The trial court imposed a life sentence for the merged murder convictions and concurrent sentences of eight years for the aggravated robbery conviction and three years for the tampering with evidence conviction. On appeal, the Defendant contends that: (1) the trial court erred when it denied his motion to suppress evidence found during the search of his vehicle; (2) the trial court erred when it excluded a videotaped confession from a co-defendant; and (3) the evidence is insufficient to support his convictions. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Freeman Ray Harrison, Jr.
A Rutherford County jury convicted the Defendant, Freeman Ray Harrison, Jr., of two counts of aggravated sexual battery and one count of reckless endangerment, and the trial court sentenced the Defendant to a total effective sentence of twenty years, to be served at 100%. On appeal, the Defendant contends: (1) the evidence is insufficient to sustain his conviction for reckless endangerment and one of the counts of aggravated sexual battery; (2) the trial court erred when it allowed the victim’s grandmother’s testimony about the victim’s initial “complaint”; (3) Rutherford County was not the appropriate venue; (4) the State’s loss of a GPS device about which there was testimony rendered his trial fundamentally unfair; and (5) the trial court erred when it imposed consecutive sentences. After a thorough review of the record and applicable authorities, we conclude there exists no error in the judgments of the trial court. As such, the trial court’s judgments are affirmed. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Edgar Ray Bettis
The appellant, Edgar Ray Bettis, was convicted in the Dickson County Circuit Court of first degree premeditated murder; second degree murder; and unauthorized use of an automobile, also known as joyriding. The trial court merged the second degree murder conviction into the first degree murder conviction and sentenced the appellant to life. For the joyriding conviction, the trial court sentenced the appellant to eleven months, twenty-nine days to be served concurrently with the murder conviction. On appeal, the appellant contends that the evidence is insufficient to show that he murdered the victim, that the trial court erred by allowing the forensic pathologist to testify outside the contents of the autopsy report, and that the trial court’s error resulted in the jury’s improperly seeing a photograph of the victim’s larynx. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Robert Joseph Harr
A Carroll County jury convicted appellant, Robert Joseph Harr, of attempted sexual battery. The trial court sentenced him to eleven months, twenty-nine days in the county jail and ordered him to serve forty-five days in confinement with the balance of his sentence to be served on probation. On appeal, appellant challenges the sufficiency of the evidence to sustain his conviction, the trial court’s denial of full probation, the trial court’s discovery rulings under Tennessee Rule of Criminal Procedure 16, and the State’s denial of his application for pretrial diversion. Discerning no error, we affirm the judgment of the trial court. |
Carroll | Court of Criminal Appeals | |
Matthew W. Wambles v. State of Tennessee
Matthew W. Wambles ("the Petitioner") pleaded nolo contendere to one count of aggravated sexual battery and one count of sexual exploitation of a minor. Pursuant to the plea agreement, the trial court sentenced the Petitioner to concurrent terms of eight years’ incarceration. The Petitioner subsequently filed for post-conviction relief, alleging that he received ineffective assistance of counsel and that his pleas are constitutionally infirm. After a hearing, the post-conviction court denied relief, and this appeal followed. Upon our thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Houston | Court of Criminal Appeals | |
Erika Cienfuegos v. State of Tennessee
The Petitioner, Erika Cienfuegos, appeals from the post-conviction court’s denial of her petition for post-conviction relief, contending that she received the ineffective assistance of counsel which, given that she was unmedicated for her mental illnesses during the plea submission hearing, led to her unknowingly entering a guilty plea. Upon consideration of the applicable authorities and the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Robert Joseph Harr - Concurring/Dissenting
I concur with the majority opinion, except I respectfully disagree with its affirming the imposition of forty-five days’ confinement. I do not believe the trial court justified confinement as opposed to full probation under the circumstances in this case. My view results from the trial court’s findings and the law that guides its determinations. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Tony Eric Pickett, Jr.
A Hamilton County Criminal Court Jury found the appellant, Tony Eric Pickett, Jr., guilty of evading arrest, a Class E felony. The trial court sentenced the appellant as a career offender to six years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his conviction and the trial court’s failure to instruct the jury on misdemeanor evading arrest. Upon review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Tony Eric Pickett, Jr.
A Hamilton County Criminal Court Jury found the appellant, Tony Eric Pickett, Jr., guilty of evading arrest, a Class E felony. The trial court sentenced the appellant as a career offender to six years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his conviction and the trial court’s failure to instruct the jury on misdemeanor evading arrest. Upon review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Bradley Mitchell West, Jr. v. State of Tennessee
The Petitioner, Bradley Mitchell West, Jr., appeals as of right from the Bedford County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner contends that he received ineffective assistance of counsel because trial counsel failed to locate and interview a potential witness. Discerning no error, we affirm the judgment of the post-conviction court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Phillip Pack
The defendant, Phillip Pack, appeals from his Campbell County Criminal Court jury conviction of second degree murder, claiming that the evidence was insufficient to support his conviction, that newly discovered evidence established his innocence, that the trial court erred by admitting certain evidence, and that the prosecutor made inappropriate remarks during closing argument. Because the evidence adduced at trial was insufficient to support the defendant’s conviction of second degree murder, the conviction is reversed, and the charge is dismissed. |
Campbell | Court of Criminal Appeals | |
State of Tennessee v. Jeremy Wendell Thorpe
The defendant, Jeremy Wendell Thorpe, appeals his Davidson County Criminal Court jury conviction of attempted sexual battery by an authority figure, claiming that the trial court erred by providing a jury instruction on attempted sexual battery by an authority figure as a lesser included offense of sexual battery by an authority figure and that the evidence was insufficient to support his conviction. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Reginald Lamont Graham
The defendant, Reginald Lamont Graham, appeals his Davidson County Criminal Court jury convictions of the attempted sale of cocaine, claiming that the evidence was insufficient to support his convictions. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Nicholas Wyatt Barish
After a trial by jury, the defendant was convicted of first degree (felony) murder as well as one count of especially aggravated robbery, a Class A felony. Prior to trial, the defendant also pled guilty to one count of burglary of an automobile, a Class E felony. The defendant was automatically sentenced to life in prison for the felony murder, and he received concurrent sentences as a Range I, standard offender of eighteen years for the especially aggravated robbery and one year for the burglary of the automobile. On appeal, the defendant claims that the evidence is insufficient to support his convictions and that the trial court erred by instructing the jury that they could not consider lesser-included offenses until after they reached a unanimous decision with respect to the first degree murder charge. We find these claims to lack merit. In addition, the defendant claims that the trial judge’s ex parte contact with the jury during its deliberations exerted an improper influence on jury’s verdict. Upon review, we conclude that on the unique facts of this case public confidence in jury’s verdict has been so undermined as to necessitate reversal of the defendant’s first degree (felony) murder conviction. We affirm the defendant’s remaining convictions and sentences and remand the case to the trial court for further proceedings consistent with this opinion. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. William Lance Walker
The Defendant, William Lance Walker, was convicted by a Marshall County Circuit Court jury of two counts of possession with the intent to sell one-half gram or more of cocaine, two counts of possession with the intent to deliver one-half gram or more of cocaine, and possession of drug paraphernalia. See T.C.A. §§ 39-17-417, 39-17-425 (2010). The trial court merged each possession with the intent to deliver conviction with the corresponding possession with the intent to sell conviction. The Defendant was sentenced as a Range II, multiple offender to concurrent terms of nineteen years for each possession with the intent to sell conviction and eleven months, twenty-nine days for the possession of drug paraphernalia conviction. On appeal, he contends that (1) the trial court erred by denying his motion to suppress, (2) the trial court imposed an excessive sentence, and (3) the trial judge erred by failing to recuse himself. We affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Clyde Turner
The defendant, Clyde Turner, appeals the revocation of his probation, arguing that the trial court abused its discretion by revoking his probation and ordering that he serve his original four-year sentence in the Department of Correction. Following our review, we affirm the judgment of the trial court. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Jessica M. Myers
The defendant, Jessica M. Myers, was indicted on one count of first degree (premeditated) murder of Jimmy Cutshall, three alternative counts of first degree (felony) murder of Jimmy Cutshall, and one count of attempt to commit first degree murder of Rhonda Cutshall. A jury found her guilty of the first four counts as charged and of the lesser-included offense of reckless endangerment on the fifth count. The trial court merged the felony murder convictions. The defendant was sentenced to life in prison for counts one and two, and she was sentenced to serve eleven months and twenty-nine days on count five, with all sentences to be served concurrently. On appeal, the defendant challenges the sufficiency of the evidence, an alleged defect in the indictment in count one, and the admission of certain post-mortem photographs as cumulative evidence at trial. Having reviewed the record, we affirm the judgments of the trial court. |
Greene | Court of Criminal Appeals | |
Richard Trehern v. State of Tennessee
Petitioner, Richard Trehern, appeals from the post-conviction court’s denial of his petition for post-conviction relief following an evidentiary hearing. On appeal, Petitioner contends that the post-conviction court erred in denying the petition because trial counsel rendered ineffective assistance of counsel. More specifically, Petitioner contends that trial counsel was ineffective (1) by failing to adequately communicate and meet with him to prepare for the case; (2) by failing to attack the credibility of Petitioner’s wife on cross-examination; (3) by failing to advise him that the crime for which he was charged had no release eligibility date; (4) by failing to adequately advise him of the consequences of Momon; and (5) by failing to obtain an expert witness to rebut the State’s theory of shaken baby syndrome. Following our review of the record, we affirm the denial of relief. |
Hawkins | Court of Criminal Appeals | |
State of Tennessee v. Jacqueline Crank
Jacqueline Crank (“the Defendant”) was convicted after a bench trial of one count of misdemeanor child abuse or neglect. The trial court sentenced the Defendant to eleven months, twenty-nine days, suspended to probation. In this direct appeal, the defendant challenges the constitutionality of the “spiritual treatment exemption” provision set forth in Tennessee Code Annotated section 39-15-402(c). The Defendant also contends that, if this Court affirms her conviction, this matter must be remanded for a hearing under Tennessee’s ''Preservation of Religious Freedom” statute, codified at Tennessee Code Annotated section 4-1-07. Upon our thorough review of the record and relevant authority, for the reasons stated herein, we conclude that it is not necessary to address the constitutional issue or to remand this matter. We affirm the judgment of the trial court. |
Loudon | Court of Criminal Appeals | |
State of Tennessee v. Bobby D. Parker
Following a jury trial in the Circuit Court of Rutherford County, Defendant, Bobby D. Parker, was convicted of three counts of attempted aggravated robbery and one count of attempted aggravated burglary. Defendant was sentenced as a career offender for each conviction, with sentences of 15 years imposed for each attempted aggravated robbery and 12 years for the attempted aggravated burglary. The trial court ordered two of the 15-year sentences to be served concurrently with each other but ordered them to be served consecutively to the third attempted aggravated robbery sentence. The attempted aggravated burglary sentence was ordered to be served consecutively to the other sentences, for an effective sentence of 42 years. In this appeal, Defendant raises two issues: (1) the trial court committed reversible error by overruling his objection to a peremptory challenge exercised by the State, and (2) the trial court imposed an excessive sentence by applying improper enhancement factors. We affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Jonathan Andrew Dietz
A Putnam County Grand Jury returned an indictment against Defendant, Jonathan Andrew Dietz, charging him with rape. After a jury trial, Defendant was found guilty as charged. The trial court sentenced Defendant to serve ten years at one-hundred percent in the Department of Correction as a violent offender. On appeal, Defendant argues that (1) the trial court improperly admitted a video of Defendant, according to the State, attempting to rub the victim’s DNA off his genitalia while he was in the police interrogation room and (2) the evidence was insufficient to support his rape conviction. After a thorough review, we affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
Russell Lenox Hamblin v. State of Tennessee
Petitioner, Russell Lenox Hamblin, appeals from the trial court’s dismissal of his petition for post-conviction relief following on evidentiary hearing. Petitioner asserts that his trial counsel and his appellate counsel (separate attorneys) rendered ineffective assistance of counsel. After a review of the record and the briefs of the parties, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Corey Finley v. State of Tennessee
Petitioner, Corey Finley, was convicted by a Shelby County jury of attempted first degree murder. State v. Corey Finley, No. W2005-02804-CCA-R3-CD, 2007 WL 1651879, at *1 (Tenn. Crim. App., at Jackson, June 7, 2007), perm. app. granted, (Tenn. Oct. 15, 2007), aff’d after remand, No. W2007-2321-CCA-RM-CD, 2008 WL 726567 (Tenn. Crim. App., at Jackson, Mar. 18, 2008), perm. app. denied, (Tenn. Sept. 29, 2008). He was sentenced to twenty-three years. Id. at *8. Petitioner subsequently filed a petition for post-conviction relief arguing that he was afforded ineffective assistance of counsel. The post-conviction court denied the petition after an evidentiary hearing. Petitioner has appealed to this Court. After a thorough review of the record on appeal, we conclude that Petitioner has not proven that he was afforded ineffective assistance of counsel. Therefore, we affirm the post-conviction court’s denial of the petition. |
Shelby | Court of Criminal Appeals | |
Sandra Hendricks Franklin v. State of Tennessee
In 2009, Petitioner, Sandra Hendricks Franklin, was convicted by a Tipton County jury of first degree murder. As a result, she received a sentence of life imprisonment. Petitioner’s conviction and sentence were affirmed by this Court on appeal. See State v. Cassandra Hendricks Franklin, No. W2009-01087-CCA-R3-CD, 2010 WL 2265439, at *1 (Tenn. Crim. App., at Jackson, June 3, 2010), perm. app. denied, (Tenn. Nov. 10, 2010). In May of 2012, Petitioner filed a pro se petition for post-conviction relief in which she claimed, among other things, that she received ineffective assistance of counsel. The post-conviction court dismissed the petition for relief as untimely. Petitioner appeals. After a review of the record and authorities, we determine that Petitioner has failed to show that her claims fall within the statutory exceptions to the one-year statute of limitations for post-conviction claims as listed in Tennessee Code Annotated section 40-30-102(b) or that due process requires the tolling of the statute of limitations. Consequently, the judgment of the post-conviction court dismissing the petition is affirmed |
Tipton | Court of Criminal Appeals |
