Michelle Shoemaker v. Stanley Dickerson, Warden
The Petitioner, Michelle Shoemaker, is appealing the trial court’s summary dismissal of her habeas corpus petition. After reviewing the parties’ briefs and the record on appeal, the court finds that this is an appropriate matter for affirmance under Court of Criminal Appeals Rule 20. |
Lauderdale | Court of Criminal Appeals | |
Jacob Scott Hughes v. State of Tennessee
The Petitioner-Appellant, Jacob Scott Hughes, appeals from the denial of his petition seeking post-conviction relief from his convictions of first-degree felony murder and aggravated child abuse, for which he was sentenced, respectively, to life and twenty-five years’ imprisonment, to be served consecutively, as a result of the death of the sixteenmonth- old daughter of his girlfriend. State v. Jacob Scott Hughes, No. M2016-01222- CCA-R3-CD, 2017 WL 3724457, at *1 (Tenn. Crim. App. Aug. 29, 2017), no perm. app. filed. In this appeal, the Petitioner argues that he was denied effective assistance of counsel based on trial counsel’s failure to pursue plea negotiations, failure to obtain a forensic pathologist to provide expert testimony, and failure to prevent a reference to the phrase, “Hammer Skin” during trial. 1 Upon our review, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Kirsten Janine Williams
The Defendant, Kirsten Janine Williams, was convicted by a jury of aggravated assault, aggravated kidnapping, and aggravated burglary. She received an effective 15-year sentence to be served at 100-percent. On appeal, the Defendant challenges the sufficiency of the evidence supporting her convictions, arguing that there was no proof she ever held a gun, that the victim was free to leave, and that she entered the victim’s residence with consent. Following our review of the record and applicable authorities, we find the evidence sufficient to support the Defendant’s convictions and affirm. |
Madison | Court of Criminal Appeals | |
Bryant Jackson Harris v. State of Tennessee
The Petitioner, Bryant Jackson Harris, appeals the Hawkins County Criminal Court’s denial of his post-conviction petition, seeking relief from his convictions of first degree premeditated murder, first degree felony murder, and aggravated burglary and resulting effective sentence of life in confinement. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Hawkins | Court of Criminal Appeals | |
State of Tennessee v. Nicholas J. Walden
Defendant, Nicholas J. Walden, appeals the trial court’s order revoking his probationary sentence for theft of property valued between $1,000 and $10,000 and ordering him to serve his original four-year sentence in confinement. Following our de novo review of the entire record and the briefs of the parties, we affirm the judgment of the trial court. |
Wilson | Court of Criminal Appeals | |
STATE OF TENNESSEE v. NICHOLAS J. WALDEN
Defendant, Nicholas J. Walden, appeals the trial court’s order revoking his probationary sentence for theft of property valued between $1,000 and $10,000 and ordering him to serve his original four-year sentence in confinement. Following our de novo review of the entire record and the briefs of the parties, we affirm the judgment of the trial court
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Wilson | Court of Criminal Appeals | |
State of Tennessee v. Kevin Dewayne Stinnett
A Marshall County Circuit Court jury convicted the Defendant-Appellant, Kevin Dewayne Stinnett, of possession of heroin with the intent to sell or deliver, possession of .5 grams or more of cocaine with the intent to sell or deliver, simple possession of methamphetamine, simple possession of marijuana, and possession of drug paraphernalia, and the trial court imposed an effective sentence of eighteen years’ incarceration. See Tenn. Code Ann. §§ 39-17-417(a)(4), -418(a), -425(a)(1). On appeal, Stinnett argues: (1) the evidence is insufficient to sustain his convictions; (2) the trial court erred in denying his motion to continue his trial; and (3) the trial court erred in imposing partially consecutive sentences and in denying an alternative sentence. We affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
Joe Edward Daniels v. State of Tennessee
Petitioner, Joe Edward Daniels, appeals as of right from the Jackson County Criminal Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions for first degree premeditated murder, tampering with evidence, abuse of a corpse, and various traffic violations. On appeal, Petitioner asserts that he received ineffective assistance of counsel based on trial counsel’s failure to: (1) conduct a reasonable investigation or utilize a criminal defense investigator; (2) object when the trial court indicated it would not charge the jury with attempt; and (3) request a jury instruction on facilitation of a felony. Petitioner contends that the cumulative effect of trial counsel’s deficient performance rendered his trial fundamentally unfair and justifies the granting of a new trial. Following a thorough review, we affirm. |
Jackson | Court of Criminal Appeals | |
State of Tennessee v. Terry Lynn Nuchols
A Blount County jury convicted Defendant, Terry Lynn Nuchols, of four counts of identity theft and one count of forgery, as alleged in four separate indictments. By agreement, all indictments were consolidated for trial. The trial court sentenced Defendant as a Range III, persistent, offender to 12 years for each of the identity theft convictions and 15 years for the forgery conviction. All sentences were aligned consecutively for an effective 63-year sentence. Defendant appeals, arguing that: 1) the trial court erred by not suppressing hearsay testimony of probation officer Holly King; 2) Defendant’s right to cross-examine witnesses pursuant to the Confrontation Clause was violated by the State’s failure to call the victim as a witness at trial; 3) the evidence was insufficient to sustain Defendant’s convictions; and 4) Defendant’s sentence was excessive. Having reviewed the entire record and the briefs of the parties, we affirm the judgments of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Richard William Phillips
A Cocke County jury found Defendant, Richard William Phillips, guilty of aggravated statutory rape. On appeal, he contends that the trial court erroneously “set[] a one-hour deadline for the jury to continue deliberations” and gave supplemental jury instructions after the jury foreperson indicated that the jury was deadlocked. Defendant claims that the trial court’s remarks had a coercive effect on the jury’s decision-making. After a thorough review of the record, arguments of counsel, and the parties’ briefs, we affirm the judgment of the trial court. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Ryan Winston
The Defendant-Appellant, Ryan Winston, was convicted of two counts of felony murder and one count each of first-degree premeditated murder, especially aggravated robbery, and aggravated burglary. The trial court merged the murder convictions and imposed an effective sentence of life imprisonment. On appeal, the Defendant asserts that: 1) the evidence is insufficient to support the convictions; 2) the State’s late disclosure of cell phone records warranted either a continuance of the trial or the exclusion of the records; and 3) the trial court erred in failing to exclude the cell phones of the Defendant and the co-defendants and the records resulting from the extractions of the cell phones because the State failed to establish the chain of custody for the cell phones. After careful review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Edward Barber
A Shelby County jury convicted the Defendant, Edward Barber, of rape of a child and the trial court imposed a twenty-eight year sentence. On appeal, the Defendant contends that the evidence is insufficient to support his conviction. After review, we affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals | |
In Re Tennessee Bond Company
Pursuant to Tennessee Code Annotated section 40-11-125, the Dickson County Circuit Court suspended Tennessee Bonding Company as a company authorized to write bail bonds in the Twenty-Third Judicial District. The trial court found that the company had not paid a final forfeiture and had made and filed semi-annual reports containing false statements. On appeal, Tennessee Bonding Company challenges these rulings. We respectfully affirm the judgment of the trial court. |
Dickson | Court of Criminal Appeals | |
Nathan G. Fleming v. State of Tennessee
The Petitioner, Nathan G. Flemming, appeals from the Knox County Criminal Court’s denial of his petition for post-conviction relief from his convictions for attempted first degree murder, especially aggravated robbery, aggravated robbery, employing a firearm during the commission of a dangerous felony, carjacking, and employing a firearm during the commission of carjacking, for which he is serving an effective sixty-eight-year sentence.1 On appeal, the Petitioner contends that: (1) the post-conviction court erred in applying an incorrect legal standard to deny relief on the Petitioner’s ineffective assistance of counsel claim, and (2) the Petitioner is entitled to relief under the cumulative errors doctrine. We affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Bobby Hansard
Following a Knox County jury trial, Defendant, Bobby Hansard, was convicted of one count of first degree murder, three counts of attempted first degree murder, and one count of unlawful possession of a firearm. On appeal, Defendant alleges that the trial court improperly limited defense counsel’s opening statement after counsel referenced various prior bad acts of one of the victims, and that the trial court abused its discretion in denying his motion for a mistrial and his motion for a judgment of acquittal. After a thorough review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Joshua Beadle
The Defendant, Joshua Beadle, was convicted by a Shelby County Criminal Court jury of aggravated rape. The trial court sentenced him to serve twenty-five years and to community supervision for life. On appeal, he contends that the evidence is insufficient to support his conviction. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Newt Carter v. State of Tennessee
In 2008, a Madison County jury convicted the Petitioner, Newt Carter, of aggravated rape and aggravated burglary. The trial court imposed an effective sentence of twenty-five years. Multiple filings ensued, the last of which was a motion to reopen post-conviction proceedings. The trial court held a hearing and denied relief. On appeal, the Petitioner contends that his motion to reopen should have been granted based on newly discovered evidence that he received the ineffective assistance of counsel. After review, we dismiss the appeal. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Elijah Garrison
The Defendant, Elijah Garrison, was convicted by a Madison County Circuit Court jury of first degree murder and unlawful possession of a firearm. T.C.A. §§ 39-13-202 (2018) (first degree murder); 39-17-1307(b)(1)(A) (2018) (unlawful carrying or possession of a weapon). The trial court imposed an effective sentence of life plus ten years’ confinement. On appeal, the Defendant contends that the evidence is insufficient to support his first degree murder conviction because it was based on the uncorroborated testimony of accomplices. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Timothy Allen Johnson v. State of Tennessee
Petitioner, Timothy Allen Johnson, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in finding that he received the effective assistance of counsel at trial. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Kevin Owens
The Defendant, Kevin Owens, was convicted by a Shelby County jury of attempted first degree murder, a class A felony, and employing a firearm during the commission of a dangerous felony, a class C felony. See Tenn. Code Ann. §§ 39-12-101(a)(2), 39-13- 202(a)(1), 39-17-1324(b)(1). On appeal, the Defendant argues that the evidence is insufficient to support his convictions. Specifically, he contends that the State’s evidence was inadequate to establish his identity as the perpetrator beyond a reasonable doubt. After review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jamarcus Dequan Murdock
Jamarcus Dequan Murdock, Defendant, was convicted in a jury trial of two counts of aggravated robbery. He also pled guilty to separate charges of robbery and aggravated robbery. The trial court imposed ten-year sentences for each aggravated robbery conviction and a six-year sentence for the robbery conviction. The trial court ordered that the sentences for two of the aggravated robbery convictions run consecutively to each other and concurrently to the sentences for the remaining convictions for an effective twentyyear sentence. On direct appeal, this court held that the trial court failed to make the requisite findings to support consecutive sentences based upon the dangerous offender category and remanded the case to the trial court. See State v. Jamarcus Dequan Murdock, No. W2020-00244-CCA-R3-CD, 2021 WL 1423125, at *1 (Tenn. Crim. App. Apr. 15, 2021). On remand, the trial court again imposed partial consecutive sentences. Defendant asserts that the trial court again erred in imposing partial consecutive sentences. Discerning no error, we affirm the judgments of the trial court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Tony Lee Light
The Defendant, Tony Lee Light, was convicted in the Blount County Circuit Court of first degree felony murder committed during the perpetration of aggravated child abuse and second degree murder. The trial court merged the conviction of second degree murder into the conviction of first degree murder, and the jury chose to sentence him to life without parole. On appeal, the Defendant claims that the evidence is insufficient to support the convictions and that the trial court committed reversible error by allowing the State to impeach his character. Based on our review, we affirm the judgments of the trial court. |
Blount | Court of Criminal Appeals | |
Raymond Watison v. State of Tennessee
The Petitioner, Raymond Watison, appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his conviction for first degree premeditated murder. On appeal, the Petitioner contends that the post-conviction court erred by denying relief on his claims alleging that he received the ineffective assistance of trial counsel. The Petitioner argues that counsel was ineffective by (1) failing to keep out hearsay evidence at the suppression hearing regarding how the Petitioner was established as the suspect, (2) insufficiently challenging the probable cause determination in this case, (3) not calling necessary witnesses at the suppression hearing, and (4) failing to make contemporaneous objections at the trial. Additionally, the Petitioner argues that the post-conviction court erred by entering a written order that contained no findings of fact or conclusions of law. We reverse the post-conviction court’s judgment and remand the case for further proceedings consistent with this opinion. |
Shelby | Court of Criminal Appeals | |
Andre Bowen v. State of Tennessee
Andre Bowen, Petitioner, claims that the trial court erred by summarily dismissing his Petition for Writ of Error Coram Nobis. Discerning no error, we affirm the dismissal. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Roberto Digma
The defendant, Roberto Digma, appeals the Knox County Criminal Court’s order revoking his probation and ordering him to serve the balance of his eight-year sentence for possession of .5 grams or more of methamphetamine with the intent to sell or deliver in confinement. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals |
