Christopher Evonne Rodriguez v. State of Tennessee
The Petitioner, Christopher Evonne Rodriguez, appeals the Bedford County Circuit Court’s denial of his petition for post-conviction relief from an aggravated burglary conviction. On appeal, the Petitioner contends that trial counsel was ineffective by failing "to raise any defense . . . of a crime spree." Upon review, we affirm the judgment of the post-conviction court. |
Bedford | Court of Criminal Appeals | |
State of Tenessee v. Danielle White
The Defendant, Danielle White, was convicted of two counts of aggravated assault, a Class C felony. See T.C.A. § 39-13-102 (2006) (amended 2009, 2010, 2011). She received sentences for each conviction of three years and six months, with four months to be served in jail. The sentences are to be served concurrently. On appeal, she contends that (1) the trial court erred in failing to appoint counsel and in allowing her to represent herself; (2) the trial judge erred in failing to recuse himself, and denying her a fair trial; (3) the grand jury foreman was not selected constitutionally because there was a systematic exclusion based upon gender, race, and ethnicity; (4) the indictment was invalid because no grand jury foreman was appointed; (5) the trial court erred in using a jury selection process that was not in accord with the relevant statute; (6) the trial court erred in denying the motion to suppress; and (7) there was prosecutorial misconduct when the assistant district attorney referred to the Defendant’s invoking her right to counsel. We affirm the judgments of the trial court. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Arthur T. Rogers
Arthur T. Rogers ("the Defendant") was convicted by a jury of two counts of aggravated sexual battery. The trial court subsequently sentenced the Defendant to two concurrent terms of nine years in the Tennessee Department of Correction. In this delayed direct appeal, the Defendant challenges the sufficiency of the evidence supporting his convictions. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Kalvin Hardaway
A Shelby County Criminal Court Jury convicted the appellant, Kalvin Hardaway, of reckless aggravated assault and initiating a false report, Class D felonies. After a sentencing hearing, the trial court sentenced him as a Range III, career offender to twelve years for each conviction to be served concurrently. On appeal, the appellant contends that the evidence is insufficient to support the convictions and that the trial court erred by refusing to allow him to question the victim about the victim’s drug use. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Henry Jones
Appellant, Henry Lee Jones, appeals from his convictions of two counts of premeditated first degree murder and two counts of felony murder and his sentences of death resulting from the August 2003 deaths of Clarence and Lillian James. At the conclusion of the penalty phase, the jury unanimously found the presence of four statutory aggravating circumstances relating to the murder of Mrs. James: (1) Appellant was previously convicted of two or more felonies involving the use of violence; (2) the murder was especially heinous, atrocious, or cruel; (3) the murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of Appellant or another; and (4) the murder was knowingly committed while Appellant had a substantial role in committing any robbery. See T.C.A. § 39-13-204(i)(2), (5), (6), (7). The jury unanimously found the presence of the same four statutory aggravating circumstances with regard to the murder of Mr. James, as well as an additional statutory aggravating circumstance, that the victim was 70 years of age or older. See id. at (i)(14). The jury determined that these aggravating circumstances outweighed any mitigating circumstances and imposed sentences of death. On appeal, the following issues are presented for our review: (1) whether the trial court erred in admitting evidence of a subsequent murder; (2) whether the evidence is sufficient to support the convictions; (3) whether the trial court erred in admitting photographs of the victims; and (4) whether Tennessee’s sentencing statute for first degree murder is unconstitutional. After a review of the record and the applicable law, we affirm Appellant’s convictions and sentences of death and remand this matter to the trial court for entry of a single judgment of conviction for first degree murder with regard to each victim. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Henry Jones - Concurring In Part & Dissenting In Part
I respectfully dissent from the portion of the majority opinion in this case concluding that the trial court properly admitted the murder of Carlos Perez (the Florida murder) pursuant to Rule 404(b) of the Tennessee Rules of Evidence. In my view, the State failed to show that the method used in these murders was so unique as to constitute a signature that would give rise to the inference of identity. Based on the following authority and analysis, I would have concluded that the admission of the Florida murder was unfairly prejudicial and reversed the judgment of conviction and remanded for a new trial. |
Shelby | Court of Criminal Appeals | |
Vincent Lanier v. State of Tennessee
The Petitioner, Vincent Lanier, appeals the Shelby County Criminal Court’s denial of his petition for writ of habeas corpus. The Petitioner was indicted for rape but entered a guilty plea to statutory rape. On appeal, the Petitioner argues that his judgment is void because (1) he entered a guilty plea to statutory rape, which is not a lesser included offense of the charged offense of rape, and his indictment was never amended from rape to statutory rape, and (2) trial counsel and the trial court failed to advise him that he would have to comply with the registration requirements of Tennessee’s sexual offender registration act because of his guilty plea to statutory rape. See T.C.A. § 39-13-506(d)(2)(B) (stating that “[i]n addition to the punishment provided for a person who commits statutory rape for the first time, the trial judge may order, after taking into account the facts and circumstances surrounding the offense, including the offense for which the person was originally charged and whether the conviction was the result of a plea bargain agreement, that the person be required to register as a sexual offender pursuant to title 40, chapter 39, part 2”). Upon review, we affirm the habeas corpus court’s summary dismissal of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Glen Walsh
The Defendant, Michael Glen Walsh, appeals from his convictions by a Sevier County Circuit Court jury for driving under the influence (DUI), second offense, a Class A misdemeanor, violating the implied consent law while his driver’s license was revoked for a previous DUI conviction, a Class A misdemeanor, and driving with a revoked license, a Class B misdemeanor. See T.C.A. §§ 55-10-401, 55 10-406, and 55-50-504 (2012). He received an eleven-month, twenty-nine-day sentence with 150 days to serve for each of the DUI and the implied consent violation convictions and received a six-month sentence, suspended except for forty-eight hours, for the revoked license conviction, all to be served concurrently. On appeal, the Defendant contends (1) that the evidence is insufficient to support his DUI and implied consent violation convictions and (2) that the trial court erred in sentencing him to serve 150 days. We affirm the judgments of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Marvin Lee Keeling
Marvin Lee Keeling (“the Defendant”) was convicted by a jury of one count of kidnapping, two counts of aggravated burglary, one count of assault causing bodily injury, and one count of assault by offensive touching. After a hearing, the trial court denied judicial diversion and sentenced the Defendant as a Range I offender to five years for the kidnapping conviction, five years for each of the aggravated burglary convictions, eleven months and twenty-nine days for the assault causing bodily injury conviction, and six months for the assault by offensive touching conviction, all to be served concurrently, for an effective sentence of five years. The trial court ordered the Defendant to serve one year of his sentence confined in the county jail with five years of probation. In this direct appeal, the Defendant contends that (1) the evidence is not sufficient to support his kidnapping conviction; (2) the trial court erred in denying judicial diversion; and (3) the trial court erred in denying full probation. Upon our thorough review of the record and relevant authorities, we affirm the trial court’s judgments. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Wade Allen Willis
Defendant, Wade Allen Willis, was indicted by the Maury County Grand Jury for the offenses of driving under the influence of intoxicants per se (DUI), violation of the registration law, violation of the financial responsibility law, and for failure to maintain control of his vehicle. The charges were the result of a traffic stop of Defendant by a state trooper of the Tennessee Highway Patrol. Defendant filed a motion to suppress evidence obtained as a result of his arrest, solely on the basis that his arrest "was without a warrant and without probable cause." Defendant did not assert that the officer lacked reasonable suspicion to initiate a stop of Defendant. Following a hearing on the motion to suppress, the trial court took the matter under advisement. The trial court subsequently entered a written order granting Defendant’s motion to suppress all evidence obtained "following the initial detention and subsequent arrest." The State has appealed, following a nolle prosequi of the indictment. Following a thorough review we reverse the judgment of the trial court, reinstate the charges, and remand for further proceedings. |
Maury | Court of Criminal Appeals | |
Michael T. Braxton v. State of Tennessee
The Petitioner, Michael T. Braxton, appeals the Circuit Court of Lauderdale County’s denial of his pro se petition for writ of habeas corpus. The State has filed a motion requesting that this Court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court. |
Lauderdale | Court of Criminal Appeals | |
Justin Diana v. State of Tennessee
The petitioner, Justin Diana, pled guilty in the Shelby County Criminal Court to one count of attempted solicitation of sexual exploitation of a minor by electronic means and three counts of statutory rape. He received a total effective sentence of four years. Thereafter, the petitioner filed a petition for post-conviction relief, alleging that his trial counsel were ineffective and that his guilty pleas were not knowingly and voluntarily entered. The post-conviction court denied the petition, and the petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Tommie L. Hill Jr. v. State of Tennessee
The petitioner, Tommie L. Hill, Jr., appeals the denial of his petition for post-conviction relief, arguing that he was denied the effective assistance of counsel at trial. Following our review, we affirm the judgment of the post-conviction court denying the petition. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Jeremy Keeton
This case was remanded by the Tennessee Supreme Court for reconsideration after ordering that the record be supplemented with a statement of evidence regarding a missing portion of the trial transcript. See Tenn. R. App. P. 24(c). A Wayne County jury convicted the Defendant, Jeremy Keeton, of manufacturing marijuana by growing or cultivating not less than 100 nor more than 499 marijuana plants, and the trial court sentenced him to twelve years in the Tennessee Department of Correction. On appeal, the Defendant contends: (1) that he is being denied an "effective appeal" because the record on appeal does not include an official transcript of his cross-examination of a material prosecution witness; (2) the trial court erred when it denied his motion to suppress; (3) the evidence is insufficient to sustain his conviction; and (4) the trial court erred when it sentenced him by not considering a relevant mitigating factor. After a thorough review of the record and applicable authorities, we conclude there exists no reversible error in the judgment of the trial court. We, therefore, affirm the trial court’s judgment. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Paul Allen St. Clair
The defendant, Paul Allen St. Clair, was convicted by a jury of one count of the sale of between 14.175 grams and 4,535 grams of a Schedule VI substance identified as marijuana, a Class E felony, and one count of the sale of a Schedule IV drug, a Class D felony. The trial court sentenced the defendant to four years’ incarceration as a Range II offender on count one and to eight years’ incarceration as a Range II offender on count two, to be served consecutively. The trial court also fined the defendant two thousand dollars for each count and two hundred and fifty dollars to go to the Drug Testing Fund for each count. The defendant appeals, asserting that the trial court improperly weighed the mitigating factors in assigning a sentence within the range. The defendant also contests the fines, which he argues are unconstitutional because they were determined by the trial court rather than the jury. After a careful review of the record, we conclude that the trial court did not abuse its discretion in determining the length of the defendant’s sentences. However, because the fines were assessed in violation of the Tennessee Constitution, we vacate the fines and remand for further proceedings. |
Trousdale | Court of Criminal Appeals | |
State of Tennessee v. Paul Allen St. Clair - Concurring in Part, Dissenting in Part
I concur in the majority opinion with regard to the holding that the incarcerative sentences in this case are appropriate. However, I dissent from the holding of the majority that the error by the trial judge in the imposition of the mandatory minimum fines prescribed by statute for the offenses in this case requires plain error review and a remand for a jury determination as to the imposition of these fines. |
Trousdale | Court of Criminal Appeals | |
State of Tennessee v. Barry H. Hogg
Appellant, Barry Hogg, was indicted by the Wilson County Grand Jury for eleven counts of especially aggravated sexual exploitation of a minor, nine counts of criminal exposure to HIV, nine counts of aggravated statutory rape, and one count of sexual battery. Prior to trial, the State dismissed one count of sexual battery, two counts of criminal exposure, and three counts of aggravated statutory rape. A jury found Appellant guilty of the remaining counts, including eleven counts of especially aggravated sexual exploitation, seven counts of criminal exposure of another to HIV, and six counts of aggravated statutory rape. As a result of the convictions, the trial court sentenced Appellant to twelve years at one hundred percent incarceration for the especially aggravated sexual exploitation convictions, six years at thirty percent for each of the criminal exposure of another to HIV convictions, and four years at thirty percent for each of the aggravated statutory rape convictions. The trial court ordered the convictions for especially aggravated sexual exploitation to be served consecutively to the seven convictions for criminal exposure of another to HIV and consecutively to each other. The trial court ordered Appellant’s aggravated statutory rape sentences to run concurrently with one another and with all other counts, for a total effective sentence of 174 years. Appellant appeals his convictions, contesting the sufficiency of the evidence and his sentences. After a review of the record, we determine that the evidence was sufficient to support the convictions and that the evidence supported individual convictions for events that occurred during one sexual encounter. Further, the trial court properly sentenced Appellant. Accordingly, the judgments of the trial court are affirmed. |
Wilson | Court of Criminal Appeals | |
Craig Beene v. State of Tennessee
The Petitioner, Craig Beene, appeals the Dickson County Circuit Court’s denial of his petition for a writ of error coram nobis regarding his convictions for attempt to commit first degree murder, especially aggravated kidnapping, and aggravated assault, for which he is serving an effective seventeen-year sentence. The Petitioner contends that the trial court erred by denying him relief. We affirm the judgment of the trial court. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Robert Earl Borner
A McNairy County Circuit Court Jury convicted the appellant, Robert Earl Borner, of the delivery of less than .5 grams of cocaine. The trial court sentenced the appellant to eight years in the Tennessee Department of Correction. On appeal, the appellant argues that the trial court erred in admitting the recording of the transaction; that the trial court erred by failing to enter a judgment of acquittal because the evidence was insufficient to sustain his conviction; that the indictment against him was defective; and that he was denied a jury of his peers. Upon review, we affirm the judgment of the trial court. |
McNairy | Court of Criminal Appeals | |
Derrick Sorrell v. State of Tennessee
The petitioner, Derrick Sorrell, appeals the post-conviction court’s denial of his petition for post-conviction relief from his first-degree murder conviction, arguing he received the ineffective assistance of counsel. After review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Isaiah Lawler
Following a jury trial, the Defendant, Isaiah Lawler, was convicted of driving under the influence (DUI), fourth offense, a Class E felony; possession of an open container of beer while operating a motor vehicle, a Class C misdemeanor; and violation of the implied consent law. See Tenn. Code Ann. §§ 55-10-401, -403(a)(1)(A)(vi), -406, -416. As a result of these convictions, the Defendant received an effective two-year sentence. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his conviction for DUI, fourth offense; and (2) that the trial court, by accepting the jury’s guilty verdict with respect to the charge of DUI, fourth offense, failed to fulfill its duties as the thirteenth juror. Discerning no error, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Antonio Butler
Antonio Butler ("the Defendant") pleaded guilty to one count each of robbery and aggravated assault. In his plea agreement, he agreed to concurrent sentences of five years for each count, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court denied judicial diversion and ordered that the Defendant serve his sentence in confinement. On appeal, the Defendant argues that the manner of service of his sentence is improper. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Kevin Glenn Tipton
Pursuant to a plea agreement, the Defendant- Appellant Kevin Glenn Tipton agreed to enter a guilty plea to one count of felony driving under the influence of an intoxicant (DUI) in exchange for a sentence of one year, which was suspended after service of the mandatory minimum sentence of 150 days in confinement. At the plea submission hearing, the trial court accepted Tipton’s guilty plea and imposed the agreed upon sentence but reserved judgment until October 6, 2010. On October 5, 2010, Tipton’s newly retained counsel filed a notice of appearance. On October 22, 2010, Tipton, through his newly retained counsel, filed a motion to withdraw his guilty plea, alleging that trial counsel provided ineffective assistance. Following a hearing, the trial court denied the motion. On appeal, Tipton argues that the trial court erred by (1) applying the “manifest injustice” standard under Tennessee Rule of Criminal Procedure 32(f)(2), and (2) denying his motion to withdraw his guilty plea. Upon review, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Michael Collins v. State of Tennessee
Petitioner, Michael Collins, appeals the Shelby County Criminal Court’s denial of post-conviction relief from his guilty-pleaded conviction for second degree murder and the resulting thirty-year sentence. On appeal, he contends that his guilty plea was not knowing and voluntary because of the ineffectiveness of counsel. Following our review of the record, we affirm the post-conviction court’s denial of relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. James Snipes
The Defendant, James Snipes, was convicted by a Shelby County Criminal Court jury of felony murder, second degree murder, a Class A felony, aggravated criminal trespass of a habitation, a class A misdemeanor, and employing a firearm during the commission of a dangerous felony, a Class C felony. See T.C.A. §§ 39-13-202, 39-13-210, 39-14-406, 39-17-1324 (2010). The trial court sentenced the Defendant to life imprisonment for felony murder, eleven months and twenty-nine days for aggravated criminal trespass, and six years for employing a firearm during the commission of a dangerous felony. The court merged the second degree murder conviction with the felony murder conviction. On appeal, the Defendant contends that mutually exclusive verdicts require dismissal of the felony murder conviction. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals |
