Johnny Lynn v. State of Tennessee
The Petitioner, Johnny Lynn, appeals the Perry County Circuit Court’s denial of his petition for post-conviction relief from his convictions for two counts of rape of a child and two counts of aggravated sexual battery and resulting effective sentence of fifty-four years to be served at 100%. On appeal, the Petitioner contends that he received the ineffective assistance of counsel because trial counsel failed to advise him of his right to waive ex post facto protections and be sentenced pursuant to the 2005 amendments to the Tennessee Sentencing Reform Act of 1989. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Perry | Court of Criminal Appeals | |
Alex Stevino Porter v. State of Tennessee
Petitioner, Alex Porter, appeals from the post-conviction court’s denial of his petition for post-conviction relief following an evidentiary hearing. Petitioner was convicted of first degree murder and sentenced to life in prison with the possibility of parole. On appeal, Petitioner contends that the post-conviction court erred in denying the petition because both trial counsel and appellate counsel rendered ineffective assistance of counsel. More specifically, Petitioner contends that trial counsel was ineffective at trial by (1) failing to adequately investigate, develop, or present a theory of self-defense; (2) allowing a witness to improperly assert Fifth Amendment protection after a prior admonition from the trial court; (3) failing to properly advise the petitioner of his right to testify on his own behalf and failing to preserve Petitioner’s right to appeal Momon defects in the trial court proceedings; (4) announcing to the jury that Petitioner was incarcerated at the time of trial; and (5) failing to challenge the expert witness testimony of the State’s firearms examiner or presenting rebuttal evidence to her testimony. Petitioner contends that trial counsel was ineffective on appeal by failing to adequately communicate with him during the appellate process. Petitioner further contends that he was denied due process during the post-conviction proceedings. Following our review of the record, we affirm the denial of relief. |
McMinn | Court of Criminal Appeals | |
David Lawrence Holt v. State of Tennessee
The pro se petitioner, David Lawrence Holt, appeals the Sullivan County Criminal Court’s summary dismissal of his petition for writ of habeas corpus. Following our review, we affirm the dismissal on the grounds that the petitioner failed to state a cognizable claim for habeas corpus relief. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Dawn Alish Black
The Defendant, Dawn Alish Black, entered a nolo contendere plea to driving under the influence (DUI), a Class A misdemeanor. See T.C.A. § 55-10-401 (2012). She was sentenced to eleven months and twenty-nine days, all suspended but 48 hours. On appeal, she presents a certified question of law regarding the legality of the traffic stop that led to her arrest. We affirm the judgment of the trial court. |
Court of Criminal Appeals | ||
David Allen Lackey v. State of Tennessee
The petitioner, David Allen Lackey, appeals the determination of the post-conviction court that due process did not mandate a waiver of the statute of limitations. The petitioner is currently serving a life sentence in the Department of Correction following his conviction for first degree murder and theft of property valued under $500. Following a direct appeal, the petitioner filed an untimely petition for post-conviction relief. After the petition was denied by the post-conviction court, this court remanded the case for a determination of whether the petitioner’s due process rights required that the statute of limitations be tolled. After a hearing, the post-conviction court determined that the petitioner had failed to carry his burden of establishing his right to a tolling of the statute of limitations and dismissed the petition. The petitioner contends that the court’s determination was error. Following review of the record, we affirm the dismissal of the petition as untimely. |
Davidson | Court of Criminal Appeals | |
Fred Morgan v. State of Tennessee
The petitioner, Fred Mogan, appeals the summary dismissal of his petition for post-conviction relief as untimely. He pled guilty to one count of aggravated sexual battery in 2008 and was sentenced to twelve years in the Department of Correction. In September 2012, the petitioner filed what appears to be his second petition for post-conviction relief in this case. The post-conviction court dismissed the petition as untimely. On appeal, the petitioner contends that the court should have considered his petition because due process requires tolling the statute of limitation. Following review of the somewhat scant record before us, we affirm the dismissal of the petition for relief. |
Franklin | Court of Criminal Appeals | |
State of Tennessee v. Dickie Ray Bain
The appellant, Dickie Ray Bain, pled guilty in the DeKalb County Circuit Court to theft of property valued $1,000 or more, a Class D felony, and the trial court sentenced him as a Range III, career offender to twelve years to be served at sixty percent. On appeal, the appellant contends that the trial court committed reversible error by referring to the wrong offense during the sentencing hearing and that his sentence constitutes “cruel and unusual punishment.” Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
DeKalb | Court of Criminal Appeals | |
State of Tennessee v. Demetrius D. Walton
The appellant, Demetrius D. Walton, pled guilty in the Montgomery County Circuit Court to one count of reckless aggravated assault. The trial court sentenced the appellant as a Range II, multiple offender to seven years in the Tennessee Department of Correction. On appeal, the appellant challenges the sentence imposed by the trial court and the trial court’s denial of his motion to reduce his sentence. Upon review, we affirm the length of the sentence imposed. However, we must remand to the trial court for a correction of the judgment to reflect that the appellant was sentenced as a Range II, multiple offender who was to serve a minimum of thirty-five percent of his sentence in confinement before being eligible for release. |
Montgomery | Court of Criminal Appeals | |
David G. Housler, Jr. v. State of Tennessee
The Petitioner, David G. Housler, Jr., filed petitions for post-conviction relief and writ of error coram nobis in the Montgomery County Circuit Court, seeking relief from his convictions for four counts of felony murder and resulting consecutive sentences of life in confinement. After an evidentiary hearing, the post-conviction court granted the petitions. On appeal, the State contends that the court erred by finding that the Petitioner was entitled to any relief. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the post-conviction court’s granting the petition for post-conviction relief but conclude that the court erred by granting the petition for writ of error coram nobis. Nevertheless, because the Petitioner has shown that he is entitled to post-conviction relief based upon his receiving the ineffective assistance of counsel at trial, the case is remanded to the trial court for further proceedings consistent with this opinion. |
Montgomery | Court of Criminal Appeals | |
Tyrone E. Montgomery v. State of Tennessee, et al
In this consolidated appeal, the pro se petitioner, Tyrone E. Montgomery, appeals as of right from the Hamilton County Criminal Court and the Morgan County Circuit Court’s orders denying his petitions for writs of habeas corpus. In case number E2011- 2629-CCA-R3-HC, the State has filed a motion requesting that this court affirm the trial court’s denial of relief 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 judgment of the Hamilton County Criminal Court. Because the petitions raise identical claims, we also affirm the judgment of the Morgan County Circuit Court pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Ladarius Devonte Maxwell
The Defendant, Ladarius Devonte Maxwell, challenges his jury convictions for two counts of attempted second degree murder, a Class B felony, and two counts of aggravated assault, a Class C felony, alleging that the evidence was insufficient to support his convictions and that the trial court improperly imposed consecutive sentencing. After a thorough examination of the record and the applicable authorities, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Kwane Morris
The Defendant, Kwane Morris, was convicted by a Shelby County jury of facilitation of first degree murder and received a twenty-two-year sentence for that conviction. In this direct appeal, the Defendant contends that (1) the trial court erred in denying his motion to suppress his statement to the police that was involuntary and coerced; (2) the evidence was insufficient to support his conviction; (3) the trial court erred by limiting his cross-examination of a State’s witness for possible bias; and (4) the trial court erred by failing to give a jury instruction on accomplice testimony. Following our review of the record and the applicable authorities, the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
Daylon Demetric Roberts v. David Sexton, Warden
Petitioner, Daylon Demetric Roberts, appeals the Johnson County Criminal Court’s summary dismissal of his petition for writ of habeas corpus regarding his convictions for first degree felony murder. The trial court merged the convictions into one judgment and sentenced petitioner to life imprisonment. State v. Daylon Demetric Roberts, No. 03C01-9403-CR-00117, 1994 WL 540555, at *1 (Tenn. Crim. App. Oct. 5, 1994), perm. app. denied (Tenn. Mar. 6, 1995). Petitioner argues that the judgment of the trial court was void due to a defective indictment. The State filed a motion to dismiss asserting that petitioner’s indictment was legally sufficient. The habeas corpus court granted the State’s motion and dismissed the petition. Following our review, we affirm the judgment of the habeas corpus court. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Robert Glenn Hasaflook
The Defendant, Robert Glenn Hasaflook, was indicted for one count of promotion of the manufacture of methamphetamine, and filed a pretrial motion to suppress all his statements made to the police. The trial court denied the Defendant’s motion, and the Defendant pleaded guilty to the indicted offense reserving a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) about whether the stop of the Defendant’s vehicle by law enforcement was lawful. After review, we conclude that the Defendant has failed to comply with the strict requirements of Tennessee Rule of Criminal Procedure 37(b)(2). Accordingly, the appeal is dismissed. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Jeremy Mulkey
Pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure, the State appeals the manner of service of the sentence ordered by the Criminal Court for McMinn County. As a Range I, standard offender, the Defendant, Jeremy Mulkey, entered a plea of guilty to vandalism of $1,000 or more but less than $10,000, a Class D felony, vandalism of $10,000 or more but less than $60,000, a Class C felony, and reckless endangerment, a Class E felony. The trial court sentenced the Defendant, consistent with the plea agreement, to concurrent terms of four years for Class D felony vandalism; four years for Class C felony vandalism and two years for reckless endangerment. After conducting a sentencing hearing, the trial court ordered the Defendant to serve his sentence in the community corrections program. In doing so, the State argues that the trial court abused its discretion because the Defendant pleaded guilty to reckless endangerment, a crime against the person, and therefore, failed to meet the minimum statutory requirements to be sentenced under the Community Corrections Act. Tenn. Code Ann. § 40-36-106 (2012). Upon review, we reverse and remand for resentencing. |
McMinn | Court of Criminal Appeals | |
State of Tennessee v. George Andrew Stanhope
The Defendant, George Andrew Stanhope, was indicted for first degree premeditated murder, three counts of first degree felony murder, theft of property valued at $1,000 or more but less than $10,000, aggravated burglary, and aggravated rape. See Tenn. Code Ann. §§ 39-13-202, -13-502, -14-103, -14-105(a)(3), -14-403. Following a jury trial, the Defendant was convicted of first degree premeditated murder, two counts of first degree felony murder, theft of property valued at $1,000 or more but less than $10,000, and aggravated burglary. The jury acquitted the Defendant of the charge of aggravated rape and one count of first degree felony murder. The trial court merged the two first degree felony murder convictions with the first degree premeditated murder conviction. The jury imposed a sentence of life without the possibility of parole for the first degree premeditated murder conviction. The trial court held a sentencing hearing on the remaining convictions and imposed a sentence of six years for the aggravated burglary conviction and a sentence of four years for the theft conviction. The trial court ordered the sentences to be served consecutive to each other and to the sentence for the first degree premeditated murder conviction, for an effective sentence of life without the possibility of parole plus ten years. In this appeal as of right, the Defendant contends (1) that the trial court erred in denying the Defendant’s motion to suppress statements he made to the police; (2) that the trial court erred by not allowing defense counsel to review the personnel file of a former police detective; (3) that the in-court security around the Defendant was excessive and gave the jury the impression that he was in custody; (4) that the evidence was insufficient to sustain the Defendant’s convictions; (5) that the trial court erred by not merging the Defendant’s convictions for theft and aggravated burglary; (6) that the statutory aggravating circumstance of the victim’s age was unconstitutional; (7) that a new trial was warranted because one of the jurors failed to disclose her relationship with the court clerk during voir dire; and (8) that the Defendant was entitled to a new trial due to cumulative error. Discerning no error, we affirm the judgments of the trial court. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Dusty Ross Binkley
The Petitioner, Dusty Ross Binkley, pled guilty to manufacture of methamphetamine and possession of a weapon in the commission of a dangerous felony. The trial court sentenced the Petitioner to an eight-year sentence to be served on community corrections. The Petitioner’s community corrections officer filed a violation warrant, and, after a hearing, the trial court revoked the Petitioner’s community corrections sentence, finding that he had violated the terms of his sentence, and ordered him to serve the remainder of his sentence in confinement, to run consecutively with his sentence in another county on an unrelated charge. The Petitioner filed a pro se petition for a writ of habeas corpus, which the habeas court summarily dismissed. On appeal, the Petitioner contends that the habeas court erred by summarily dismissing his petition. After a thorough review of the record and applicable law, we affirm the habeas corpus court’s judgment. |
Davidson | Court of Criminal Appeals | |
Cantrell Lashone Winters v. State of Tennessee
Petitioner, Cantrell Lashone Winters, stands convicted of possession of 50 grams or more of hydromorphone in a school zone with intent to sell, a Class A felony, and Class E felony evading arrest. See State v. Cantrell Lashone Winters, M2009-01164-CCA-R3-CD, 2011 WL 1085101, at *1 (Tenn. Crim. App. March 24, 2011), no perm. app. filed. The trial court sentenced him to an effective sentence of thirty-four years in the Tennessee Department of Correction. Petitioner filed for post-conviction relief, alleging that he had received ineffective assistance of counsel. The post-conviction court denied relief, and petitioner now appeals. Following our review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Cornelius Richmond v. State of Tennessee
The Petitioner, Cornelius Richmond, appeals the Lauderdale County Circuit Court’s summary dismissal of his petition for habeas corpus relief from his 2003 convictions for robbery and three counts of forgery and resulting thirty-three-year sentence. The Petitioner contends that (1) his three forgery convictions are void because they should have been merged into a single conviction and (2) his multiple sentences violate principles of double jeopardy. We affirm the judgment of the trial court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Brandon Rollen
The Appellant, Brandon Rollen, appeals the Shelby County Criminal Court’s denial of his Tennessee Rule of Criminal Procedure 36 motion for correction of clerical errors in four aggravated robbery judgments. On appeal, he argues that the trial court erred in denying the motion. We reverse the trial court’s order dismissing the motion and remand the case to the trial court for consideration on the merits pursuant to Tennessee Rule of Criminal Procedure 36 and Tennessee Rule of Criminal Procedure 36.1. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marquon L. Green
A Madison County Circuit Court Jury convicted the appellant, Marquon L. Green, of aggravated robbery, and the trial court sentenced him as a Range I offender to ten years to be served at 85%. On appeal, the appellant contends that the evidence is insufficient to support the conviction. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
William Henry Preston v. Jewel Steel, Warden
William Henry Preston (“the Petitioner”), proceeding pro se, filed a petition for a writ of habeas corpus. Pursuant to a plea agreement and his pleas of guilty to six counts of aggravated rape, the Petitioner received a total effective sentence of forty years as a Range I standard offender. In his petition, he alleges that his sentences are illegal because the trial court and his counsel failed to advise him that he would be subject to community supervision for life as a result of his convictions. In addition, the Petitioner asserts that his total effective sentence of forty years has expired due to the accumulation of sentence reduction credits. The habeas corpus court dismissed his petition. The Petitioner now appeals. Upon our thorough review of the record and applicable law, we affirm the judgment of the habeas corpus court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Stephen Mark Addleburg
Stephen Mark Addleburg (“the Defendant”) was convicted by a jury of failure to provide proof of financial responsibility; possession of less than one-half ounce of marijuana; possession of a weapon by a convicted felon; and possession of a handgun while under the influence. Following a sentencing hearing, the trial court sentenced the Defendant to four years’ incarceration. In this appeal, the Defendant contends that the trial court erred in denying his request for alternative sentencing. After a thorough review of the record and the applicable law, we affirm the judgment of the trial court. We remand the case solely for correction of clerical errors contained in the two misdemeanor judgments. |
Sullivan | Court of Criminal Appeals | |
Steven A. Pugh, Jr. v. State of Tennessee
The petitioner, Stephen A. Pugh, Jr., appeals the denial of his petition for post-conviction relief. Specifically, he contends that trial counsel was ineffective by failing to recognize a defective indictment and by allowing the petitioner to plead guilty under that indictment, which did not charge a crime recognized under the law of Tennessee. The petitioner is currently serving an effective seventeen-year sentence in the Department of Correction following his guilty plea to two counts of attempted first degree murder. Following review, we affirm the denial of relief. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. William E. Blake, Jr.
A jury convicted the defendant of second degree murder, aggravated assault, and possession of a handgun after having been previously convicted of a felony drug offense. The defendant was sentenced as a Range II, multiple offender to thirty-five years for the homicide, six years for the aggravated assault, and four years for the weapons possession. The trial court elected to impose the aggravated assault conviction consecutively to the homicide conviction for an aggregate sentence of forty-one years. The defendant appeals, asserting that the evidence was insufficient to support the jury’s finding of the mens rea element of second degree murder; that the trial court erred in allowing evidence of prior felony drug convictions to be introduced as impeachment; and that the trial court improperly imposed a consecutive sentence. After a careful review of the record, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals |
