State of Tennessee v. Deshawn Lamar Baker
A Davidson County Grand Jury returned an indictment against Defendant, DeShawn Lamar Baker, charging him with solicitation of aggravated robbery, conspiracy to commit aggravated robbery, aggravated robbery, and felony possession of a handgun. Following a jury trial, Defendant was convicted of conspiracy to commit aggravated robbery, aggravated robbery, and felony possession of a handgun. Defendant was sentenced to ten years for the conspiracy charge, eighteen years for aggravated robbery, and four years for the handgun charge to be served concurrently for an effective eighteen-year sentence in the Department of Correction as a Range II offender. On appeal, Defendant argues: (1) that the evidence was insufficient to support his convictions; and (2) that the State commited prosecutorial misconduct by failing to timely disclose the discovery of his wallet containing the victim’s driver’s license and that John Peoples would be called as a witness at trial. After a thorough review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Charles W. Elsea, Jr. v. State of Tennessee
The Petitioner, Charles W. Elsea, Jr., appeals the trial court’s denial of his motion to reopen his post-conviction proceedings. However, because the Petitioner failed to comply with the requirements in Tennessee Supreme Court Rule 28 section 10 for seeking discretionary review of the denial of his motion, this court has no jurisdiction in this case. Accordingly, the appeal is dismissed. |
Hamilton | Court of Criminal Appeals | |
Clarence Nesbit v. State of Tennessee
Petitioner, Clarence Nesbit, was convicted by a Shelby County Criminal Court jury of first degree murder and sentenced to death. He sought post-conviction relief, and the post-conviction court vacated the death sentence and granted a new sentencing hearing, which the State has not appealed. The post-conviction court denied Petitioner relief from his first degree murder conviction. On appeal, Petitioner contends that the post-conviction court erred by denying his claim that he received the ineffective assistance of counsel during the guilt phase of the trial. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Clarence Nesbit v. State of Tennessee - Dissenting
I respectfully disagree with the majority’s conclusion that the numerous deficiencies in counsel’s performance failed to prejudice the Petitioner cumulatively in his right to a fair proceeding and failed to call into question the reliability of the jury’s verdict. I agree with the majority’s conclusions regarding counsel’s deficiencies except its conclusion that counsel were not deficient in their pretrial investigation and trial preparation. The majority concludes that because the trial began one year and seven months after the Petitioner was indicted, counsel “would not have had time or resources to conduct the investigation performed by post-conviction counsel after the trial.” Although the majority is correct in noting the length of time it took for all the relevant witnesses to be found and presented at the post-conviction hearing, I simply cannot agree that counsel did not have adequate time to investigate and prepare for the trial. |
Shelby | Court of Criminal Appeals | |
Philander Butler v. State of Tennessee
The petitioner, Philander Butler, appeals the summary dismissal of his petition for the writ of error coram nobis which challenged his 1989 and 1990 guilty pleas to sale of a controlled substance, possession of a controlled substance with intent to sell, and attempted possession of a controlled substance with the intent to sell. The trial court dismissed the petition on grounds: (1) that it was filed outside the applicable statute of limitation; and (2) that the petition failed to state a cognizable claim. On appeal, he contends that the dismissal was erroneous. The petitioner also contends that the court erred in summarily dismissing his “Motion to Alter or Amend Judgment Pursuant to Rule 59.04 and Motion to Set Aside Judgment Pursuant to Rule 60.02(2)-(3).” Following review of the record we discern no error and affirm the dismissal of the petition and motion. |
Shelby | Court of Criminal Appeals | |
Damien Clark v. State of Tennessee
Following a jury trial, Petitioner, Damien Clark, was convicted of second degree murder. This court affirmed the judgment of conviction in State v. Damien Clark, W2007-00651-CCA-R3-CD, 2009 WL 890886 (Tenn. Crim. App. April 1, 2009), perm. app. denied (Tenn. Aug. 17, 2009). Petitioner filed a timely petition for post-conviction relief. Following an evidentiary hearing, the petition was dismissed. Petitioner appeals, asserting that he is entitled to post-conviction relief because his trial counsel rendered ineffective assistance of counsel. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Lewis Green
The defendant, Lewis Green, appeals the trial court’s decision to deny his request for alternative sentencing and judicial diversion. The defendant pled guilty to seven counts of possession of cocaine with intent to sell and one count of possession of marijuana with intent sell. He received an effective five-year sentence for the convictions. Following a hearing, the trial court ordered that the sentences be served in incarceration and denied the defendant’s request for judicial diversion. Following review of the record, we affirm the sentencing decisions of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Deangelo Thompson
Defendant, Deangelo Thompson, appeals from his conviction in the Shelby County Criminal Court for reckless aggravated assault as a lesser-included offense of aggravated assault. Defendant was sentenced by the trial court as a Range II multiple offender to five years incarceration. In this direct appeal, Defendant asserts that the evidence at trial was insufficient to support his conviction; that the trial court erred by sentencing him to five years in confinement for his conviction; and that certain comments and questions by the trial court constitute plain error. Finding no error, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey L. Vaughn
The defendant was convicted of possessing more than 0.5 grams of cocaine with intent to sell or deliver, a Class B felony. The trial court sentenced the defendant to fourteen years as a Range II, multiple offender. On appeal, the defendant claims that the trial court erred by denying his motion to suppress cocaine that was seized by police after they searched his person. We conclude that the defendant waived this argument by failing to include it in his motion for new trial. The defendant also claims that the State violated Batson v. Kentucky, 476 U.S. 79 (1986), by using two of its peremptory strikes to remove two African American potential jurors. We conclude that these potential jurors were removed for legitimate, nondiscriminatory reasons. Finally, the defendant claims that the trial court erred by allowing a felony drug conviction that was more than ten years old into evidence after the defendant denied that he sold drugs on the stand. We agree, but we conclude that the error was harmless. We affirm the judgments of the trial court accordingly. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Jim George Conaser
The Defendant, Jim George Conaser, contends (1) that the evidence presented at trial was insufficient to support his conviction for harassment and (2) that the trial court’s imposition of consecutive sentencing was improper. After a review of the record and the applicable authorities, we conclude that the evidence is sufficient to support the Defendant’s harassment conviction and that the trial court did not abuse its discretion in ordering the sentence from that conviction to run consecutively to a prior, unserved sentence. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. John Allen Hessmer
The Defendant, John Allen Hessmer, appeals pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. The trial court denied the Defendant’s request to proceed pro se during his pretrial hearings on the charges of aggravated burglary, arson of a structure, arson of personal property or real estate, harassment, and stalking. We reverse the judgment of the trial court and remand the case to the Criminal Court for Wilson County |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Dominick S. Hodges
A Montgomery County Circuit Court Jury convicted the appellant of the felony murder and attempted aggravated robbery of the victim, George Miller, Jr. The trial court imposed a total effective sentence of life imprisonment in the Tennessee Department of Correction with the possibility of parole. On appeal, the appellant challenges the trial court’s denial of the appellant’s motions to suppress the results of a buccal swab and testimony regarding DNA test results. He also contests the sufficiency of the evidence supporting his convictions. Upon review, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Dale Keith Larkin
Dale Keith Larkin (“the Defendant”) was convicted by a jury of first degree premeditated murder and one count of insurance fraud. The trial court sentenced the Defendant to life imprisonment for the murder conviction and to a concurrent term of eight years for the fraud conviction. In this direct appeal, the Defendant raises the following issues: (1) the trial court erred in refusing to sequester the jury; (2) the trial court erred in allowing the Defendant’s expert witness to testify for the State; (3) the trial court erred in admitting autopsy photographs and some of the victim’s bones into evidence (4) the trial court improperly limited the Defendant’s right to cross-examine a State’s witness; (5) the prosecutor engaged in misconduct during closing argument; (6) the evidence is not sufficient to support his convictions; (7) the trial court failed to discharge its duty as thirteenth juror; and (8) the cumulative effect of these errors violated the Defendant’s rights to a fair trial. Upon our thorough review of the record, we have determined that (1) the trial court failed to satisfy its mandatory duty to act as thirteenth juror; (2) the trial court committed reversible error in allowing the Defendant’s expert witness to testify for the State; (3) the State failed to adduce sufficient proof to support the Defendant’s conviction of first degree premeditated murder; and (4) the State failed to adduce sufficient proof to support the Defendant’s conviction of insurance fraud. Therefore, we must reverse the Defendant’s convictions and remand this matter for a new trial on the charge of second degree murder and any appropriate lesser included offenses. The charge of insurance fraud is dismissed. |
Washington | Court of Criminal Appeals | |
Ira Minnifee, Jr. v. State of Tennessee
The Petitioner, Ira Minnifee, Jr., appeals the denial of post-conviction relief by the Criminal Court for Knox County. He originally entered guilty pleas to one count of possession of more than one gram of cocaine with the intent to sell within a thousand feet of a school and six counts of half a gram of cocaine or more within a thousand feet of a school, all Class A felonies. Pursuant to the plea agreement, he received an effective sentence of twenty years. In this appeal, the Petitioner contends that he received ineffective assistance of counsel due to counsel’s failure to adequately investigate his case. Consequently, the Petitioner claims he did not enter a knowing and voluntary guilty plea. Upon review, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Dustin Lee Swaney
The Defendant-Appellant, Dustin Swaney, entered a plea of guilty to abuse of a child under the age of eight, a Class D felony, with the court to determine the length and manner of service of sentence. After a sentencing hearing, Swaney was sentenced to three years and six months’ confinement. The sole issue presented for our review is whether the trial court abused its discretion in imposing sentence. Upon review, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
Derrick Lemon Goode v. State of Tennessee
Petitioner, Derrick Lemon Goode, was convicted by a Bedford County jury of one count of the sale of .5 grams of cocaine and one count of the delivery of .5 grams or more of cocaine. State v. Derrick Lemon Goode, No. M2009-02259-CCA-R3-CD, 2010 WL 4674298, at *1 (Tenn. Crim. App., at Nashville, Nov. 17, 2010), perm. app. denied (Tenn. Apr. 13, 2011). After the merger of the convictions, Petitioner was sentenced to twelve years. He was unsuccessful on appeal. Id. Petitioner subsequently filed a petition for post-conviction relief alleging that he was afforded ineffective assistance of counsel. After conducting a hearing, the post-conviction court denied the petition. On appeal, Petitioner alleges that he received ineffective assistance of counsel because trial counsel failed to adequately prepare for trial; failed to adequately prepare, interview and call witnesses for trial; and failed to properly investigate his addiction. After a thorough review of the record, we conclude that Petitioner has not proven either that trial counsel’s representation was deficient, or that Petitioner was prejudiced by trial counsel’s representation. Therefore, we affirm the post-conviction court’s denial of the petition. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Danny Ray Dunn
Appellant, Danny Ray Dunn, entered guilty pleas without recommended sentences to four counts of vehicular assault, one count of reckless aggravated assault, one count of driving under the influence, one count of driving on a revoked license, and one count of violation of the financial responsibility law. Following a sentencing hearing, the trial court sentenced him to an effective twenty-year sentence consisting of five consecutive sentences of four years each for the assaultive offenses; eleven months, twenty-nine days for driving under the influence; six months for driving on a revoked license; and thirty days for violation of the financial responsibility law, to be served in the Tennessee Department of Correction. Appellant challenges the length of his sentences, sentence alignment, denial of a suspended sentence, and denial of his motion to withdraw his guilty plea. Upon our review of the record, we affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Stephen Bartholomew Gillard
A Davidson County jury convicted the Defendant, Stephen Bartholomew Gillard, of possession of a controlled substance, third offense. On appeal, the Defendant challenges the prior conviction evidence introduced at trial to support the third offense classification for possession of a controlled substance. After a thorough review of the record and applicable law, we affirm the trial court’s judgment. |
Davidson | Court of Criminal Appeals | |
Shawn Simmons v. State of Tennessee
A Lincoln County jury convicted petitioner, Shawn Simmons, of first degree murder. After an unsuccessful direct appeal, petitioner filed a petition for post-conviction relief alleging that he received ineffective assistance of counsel. The post-conviction court denied relief, and petitioner now appeals. Upon review, we discern no error and affirm the judgment of the post-conviction court. |
Lincoln | Court of Criminal Appeals | |
State of Tennessee v. Deon Marquett Boykins
The appellant, Deon Marquett Boykins, pled guilty to two counts of introducing contraband into a penal institution and one count of possessing a Schedule II controlled substance with intent to deliver. He was sentenced as a Range I, standard offender to an effective five years on probation. On appeal, the appellant contends that the trial court erred by denying his request for judicial diversion. Based upon the record and the parties’ briefs, we reverse the judgment of the trial court and remand the case for a new sentencing hearing. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Alexis Mason and Terrence Harris
In a joint trial, the Appellants, Alexis Mason and Terrence Harris, were convicted of various offenses by a Shelby County jury. Appellant Mason was found guilty of one count of second degree murder, a Class A felony, and three counts of aggravated assault, a Class C felony, for which she received an effective sentence of thirty-seven years in the Department of Correction. Appellant Harris was convicted of three counts of facilitation of aggravated assault, a Class D felony, and one count of facilitation of criminally negligent homicide, a Class A misdemeanor, for which he received an effective sentence of twelve years, eleven months, and twenty-nine days in the Department of Correction. In this consolidated appeal, both Appellants challenge the sufficiency of the evidence supporting their convictions and the sentences imposed by the trial court. Appellant Harris additionally argues that the trial court erred in the following evidentiary rulings: admission of various out-of-court statements; admission of an autopsy photograph; exclusion of evidence of the deceased victim’s violent character; and the denial of jury instructions on self-defense and lesser included offenses. Finding no reversible error, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Charles Rice v. State of Tennessee
The Petitioner, Charles Rice, appeals from the judgment of the Shelby County Criminal Court denying his petition for post-conviction relief. A Shelby County jury convicted the Petitioner of premeditated first degree murder and felony murder and imposed a sentence of death. The Tennessee Supreme Court affirmed the Petitioner’s convictions and sentence on direct appeal. See State v. Rice, 184 S.W.3d 646 (Tenn. 2006). On appeal, the Petitioner challenges the effectiveness of his counsel’s representation in both the guilt and penalty phases of the trial. We hold that the post-conviction court properly found that the Petitioner received effective assistance of counsel at trial. The judgment of the post-conviction court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Curtis Stanton
A Shelby County Criminal Court Jury convicted the appellant, Curtis Stanton, of the first degree premeditated murder of the victim, Regina Tidwell. The trial court sentenced the appellant to life imprisonment in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his conviction. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Huedel Sparkman v. State of Tennessee
Much aggrieved by his conviction of possession of cocaine with intent to sell or deliver, the petitioner, Huedel Sparkman, sought post-conviction relief in the Marshall County Circuit Court, alleging that, among other things, he was deprived of the effective assistance of counsel at trial. Following an evidentiary hearing, the post-conviction court denied relief. On appeal, the petitioner contends that trial counsel performed deficiently by failing to file two motions to suppress. Discerning no error, we affirm the order of the post-conviction court. |
Marshall | Court of Criminal Appeals | |
Dakota Cisneros v. State of Tennessee
The Petitioner, Dakota Cisneros, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2010 convictions upon guilty pleas for aggravated sexual battery and three counts of aggravated robbery and his effective twenty-four-year sentence. On appeal, the Petitioner contends that the trial court erred by finding that his guilty pleas were knowing, voluntary, and intelligent. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals |
