State of Tennessee v. Terry Sanders
The defendant, Terry Sanders, was convicted after a jury trial of two counts of the sale of less than 0.5 grams of cocaine, a Class C felony, in violation of Tennessee Code Annotated section 39-17-417. He was sentenced, as a Range III persistent offender, to fifteen years for each count, to be run consecutively, for an effective sentence of thirty years. The defendant appeals his convictions, asserting that the trial court should have granted his motions for a mistrial based on testimony introduced at trial that the defendant was on community corrections and based on juror bias. After a careful review of the record, we conclude that the defendant is not entitled to a new trial and affirm the judgment of the trial court. |
Houston | Court of Criminal Appeals | |
State of Tennessee v. Betty Louise Darden
The petitioner, Betty L. Darden, appeals the Dickson County Circuit Court’s denial of her petition to waive court costs and fines. The petitioner pled nolo contendere to conspiracy to commit aggravated burglary and conspiracy to commit aggravated assault, both Class D felonies, and received an effective sentence of two years,which was suspended to probation. Her probation agreement required payment of court costs and fines on a monthly basis. The petitioner filed a “Petition to Remit Fines and Costs and Waive Probation Fees.” A hearing was held on the petition, after which the trial court waived probationary fees but ordered the petitioner to complete payment of her court costs and fines. Following review of the record, we find no abuse of discretion in the decision and affirm the denial. |
Dickson | Court of Criminal Appeals | |
Paul David Childs v. State of Tennessee
The Petitioner, Paul David Childs, convicted of sexual battery, appeals from the summary dismissal of his pro se petition for post-conviction relief. The post-conviction court dismissed the petition on the basis that the Petitioner failed to provide any factual grounds in support of his claims for relief. The State concedes that the post-conviction court acted in error. Following our review, we reverse the order of summary dismissal and remand this case to the post-conviction court for further proceedings consistent with this opinion. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Lawrence Key
Lawrence Key (“the Defendant”) appeals his jury convictions for two counts of aggravated robbery. In his appeal, he asserts that the evidence presented at trial was insufficient to support his convictions. After a thorough review of the record and the applicable law, we affirm the Defendant’s convictions. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jacque Michelle Lee
The defendant, Jacque Michelle Lee, appeals the sentencing determination made by the Davidson County Criminal Court following the revocation of her alternative sentence. The defendant was sentenced to an effective ten-year sentence after she pled guilty to five counts of theft of property and one count of theft of services, and she was ordered to serve her sentence on community corrections. The defendant also agreed to participate in a drug court program. Within days of starting to serve her sentence, the defendant failed to attend two required program meetings. A violation warrant was issued. Following a hearing, the defendant’s alternative sentence was revoked, and the trial court ordered the defendant to serve the remainder of her sentence in confinement. On appeal, the defendant does not contest the trial court’s finding of a violation. Rather, she argues that the trial court erred by ordering her to serve her sentence in confinement rather than returning her to community corrections. After review, we affirm the decision of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Carl E. Presley
In its appeal, the State argues that the trial court abused its discretion when it dismissed a misdemeanor vandalism charge against the defendant, Carl E. Presley, and also in ruling that it could not charge the jury on the lesser included offense of misdemeanor vandalism on the two remaining felony vandalism charges, because the statute had run as to the misdemeanor. After review, we affirm the judgment of the trial court as to the dismissal of the vandalism charge and, as to the issue regarding the lesser included offense of misdemeanor vandalism, deny the State’s Rule 10 appeal as improvidently granted. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. David Earl Scott
The defendant, David Earl Scott, appeals his Knox County Criminal Court jury convictions of especially aggravated kidnapping, aggravated kidnapping, attempted voluntary manslaughter, and aggravated assault, claiming that the evidence is insufficient to support his convictions, that his kidnapping convictions run afoul of the precedent set in State v. Anthony and its progeny, and that the sentence imposed by the trial court is excessive. Because the evidence of serious bodily injury was insufficient, the defendant’s conviction of especially aggravated kidnapping is reversed and modified to a conviction of aggravated kidnapping, and the sentence is modified from 25 years to 12 years. The judgments of the trial court are affirmed in all other respects. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. David Earl Scott - dissenting opinion
I respectfully disagree with the conclusion by the majority that the evidence of serious bodily injury to the victim was insufficient to support the conviction for especially aggravated kidnapping. After considering the evidence of serious bodily injury in the light most favorable to the prosecution, it is my view that a rational trier of fact could have found that the victim suffered serious bodily injury at the hands of the Defendant, and therefore I would affirm the especially aggravated kidnapping conviction. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Terrell Loverson
Terrell Loverson (“the Defendant”) was convicted by a jury of second degree murder, misdemeanor assault, and obstructing arrest. After a sentencing hearing, the trial court sentenced the Defendant to an effective sentence of twenty-five years in the Tennessee Department of Correction. In this appeal as of right, the Defendant challenges (1) the trial court’s admission of a photograph of the victim; (2) the sufficiency of the evidence; and (3) his sentence. After a thorough review of the record and relevant authorities, we have determined that the Defendant is not entitled to relief on any of these issues. Accordingly, we affirm the trial court’s judgments. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ronaldo Regala Puno, Jr.
A Davidson County Criminal Court Jury convicted the appellant, Ronaldo Regala Puno, Jr., of attempted first degree murder and aggravated assault. The trial court merged the convictions and sentenced the appellant to seventeen years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his conviction for attempted first degree murder. Upon review, we conclude that the evidence is sufficient to sustain the appellant’s conviction, but we remand the case to the trial court for entry of a single judgment reflecting the merger of the convictions. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Dwaniko Martez Sudberry
A Davidson County jury found appellant, Dwaniko Martez Sudberry, guilty of three counts of reckless aggravated assault, one count of attempted aggravated child neglect, and one count of reckless homicide stemming from the death of his infant daughter. The trial court merged the convictions of reckless aggravated assault with the conviction for reckless homicide and sentenced appellant to four years. The trial court sentenced appellant to twelve years for attempted aggravated child neglect and ordered the sentences to be served consecutively for an effective sixteen-year sentence. Appellant contests his convictions and sentences on the following grounds: (1) the convicting evidence was insufficient; (2) the combination of his convictions offends the principles of double jeopardy; (3) the trial court erred in failing to order the State to make an election on the offense of aggravated child neglect; (4) the trial court erred in admitting certain expert testimony; and (5) the trial court committed multiple errors in sentencing him. Following our careful review of the record and the briefs of the parties, we discern no error and affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Theodore Locklin
The Defendant, Theodore Locklin, appeals the Hamilton County Criminal Court’s order revoking his probation for aggravated burglary, a Class C felony, and ordering his six-year sentence into execution. On appeal, the Defendant contends that the evidence is insufficient to revoke his probation. We affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Salvatore Pisano Jr. v. State of Tennessee
The petitioner, Salvatore Pisano, Jr., was convicted of four counts of aggravated sexual battery and sentenced to serve eight years in prison for each count, all counts to be served concurrently. The petitioner filed a timely post-conviction petition, which was dismissed by the post-conviction court without a hearing or the appointment of counsel. The petitioner then filed a motion to reopen his post-conviction petition; the motion was denied. The petitioner filed a notice of appeal. Because the petitioner has not complied with the statutory requirements surrounding appeal of an application to reopen a petition for post-conviction relief, we are without jurisdiction to hear the appeal, and the appeal is dismissed. |
Hardin | Court of Criminal Appeals | |
Laderius Stephens v. State of Tennessee
Laderius Stephens (“the Petitioner”) filed a petition for post-conviction relief from his convictions for especially aggravated robbery and attempted second degree murder. Pursuant to his plea agreement, the Petitioner received an effective sentence of fifteen years to be served in the Tennessee Department of Correction. In his petition for relief, he argued that he was denied effective assistance of counsel in conjunction with his guilty plea and that his plea was constitutionally infirm. After an evidentiary hearing, the post-conviction court denied relief. The Petitioner now appeals, raising the same two issues. As his bases for ineffective assistance of counsel, the Petitioner contends that his counsel at trial: (1) failed to file the appropriate discovery motions; (2) failed to prepare adequately for trial; and (3) failed to hire an investigator in a timely manner. Upon our thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Colby Terrell Black
The defendant, Colby Terrell Black, appeals the trial court’s revocation of his probation and reinstatement of his original twelve-year sentence in the Department of Correction. He argues that the trial court violated his right to due process by making insufficient findings at the revocation hearing, and the State agrees. Following our review, we reverse the judgment of the trial court and remand for entry of an appropriate written order that summarizes the evidence and clearly sets forth the reasons for the revocation of probation. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. Lindsey Butler
The Defendant, Lindsey Butler, appeals the Maury County Circuit Court’s order revoking his probation for possession of cocaine with the intent to sell and two counts of possession of marijuana with the intent to sell, and ordering the remainder of his effective eight-year sentence into execution. On appeal, the Defendant contends that the trial court (1) abused its discretion in revoking his probation and (2) failed to exercise “separate discretion” in determining his punishment. We affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals | |
Celso V. Melendez v. State of Tennessee
The Petitioner, Celso V. Melendez, appeals the post-conviction court’s denial of his petition for post-conviction relief from his guilty pleas to two counts of facilitation to deliver over 300 grams of cocaine and resulting effective sentence of twenty-four years. On appeal, the Petitioner contends that he received the ineffective assistance of counsel because his guilty pleas were based upon trial counsel’s assurance that he would be eligible for the boot camp program. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the Petitioner received the ineffective assistance of counsel. Therefore, the judgment of the post-conviction court is reversed, the judgments of conviction are vacated, and the case is remanded for further proceedings consistent with this opinion. |
Davidson | Court of Criminal Appeals | |
Henry Dequan Rhodes v. State of Tennessee
Petitioner was convicted in 1998 of one count of first degree murder in Wilson County. He was sentenced to life in prison. Petitioner was unsuccessful on appeal. State v. Henry Dequan Rhodes, No. M1999-959-CCA-R3-CD, 2000 WL 264327, at *1 (Tenn. Crim. App., at Nashville, Mar. 10, 2000), perm. app. denied (Tenn. Oct. 30, 2000). On March 16, 2011, Petitioner filed a petition for post-conviction relief. The post-conviction court summarily dismissed the petition. On appeal, Petitioner argues that the post-conviction court erred in its dismissal of his petition. We conclude that the post-conviction court did not err because the decisions in Apprendi v. New Jersey, 530 U.S. 466 (2000), and Blakely v. Washington, 542 U.S. 296 (2004), did not create a new constitutional right that was required to be retroactively applied; Petitioner did not provide adequate support for his argument that the statute of limitations had been tolled based upon the violation of a due process right; and Petitioner did not meet the requirements set out to present a writ of error coram nobis to the court. Therefore, we affirm the post-conviction court’s summary dismissal of the petition. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Curtis Dewayne Staggs
A Lawrence County jury convicted the Defendant, Curtis Dewayne Staggs, of first degree premeditated murder, first degree felony murder, and aggravated robbery. The trial court merged the first degree murder convictions and imposed a life sentence, and imposed a consecutive twelve-year sentence for the aggravated robbery conviction. On appeal, the Defendant argues that: (1) the evidence is insufficient to support his convictions; (2) the trial court erred when it denied his motion for a new trial based upon a State witness recanting his testimony; (3) the trial court erred when it issued a material witness attachment; (4) the trial court erred when it imposed consecutive sentences; and (5) the trial court erred when it did not grant his motion for a new trial based upon the prior knowledge of the case by a juror. After thoroughly reviewing the record and applicable authorities, we find that the evidence is sufficient to sustain the Defendant’s convictions and that the trial court committed no error. Accordingly, we affirm the trial court’s judgments. |
Lawrence | Court of Criminal Appeals | |
Christopher L. Williams v. State of Tennessee
The petitioner, Christopher L. Williams, appeals the Davidson County Criminal Court’s summary dismissal of his petition for post-conviction relief. He claims that the post-conviction court erred in dismissing his petition as time-barred. Following our review, we affirm the post-conviction court’s summary dismissal of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jason Everett Nickell
Jason Everett Nickell (“the Defendant”) pleaded guilty to three counts of misdemeanor stalking, with no agreement as to his sentences. After a hearing, the trial court sentenced him to eleven months, twenty-nine days at seventy-five percent on each count, to be served consecutively. On appeal, the Defendant argues that his sentence is excessive because the trial court did not consider two mitigating factors. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Kristopher Lee Colbert
Appellant, Kristopher Colbert, was indicted by the Montgomery County Grand Jury in April of 2011 for driving under the influence, driving under the influence per se, reckless endangerment, vehicular assault,and aggravated assault. Appellant pled guilty to two counts of vehicular assault in exchange for dismissal of the remaining counts of the indictment. After a sentencing hearing, the trial court sentenced Appellant to four years for each offense, to be served consecutively as a Range I, standard offender. Appellant filed a motion to reconsider and a motion to reduce sentence under Tennessee Rule of Criminal Procedure 35 and/or Tennessee code Annotated section 40-35-212(d). After a hearing, the trial court denied the motions. Appellant initiated this appeal to determine whether the trial court improperly denied the motion to reduce the sentence. After a review of the record, we conclude that the trial court did not abuse its discretion in denying the motion. Consequently, the judgments of the trial court are affirmed. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Jody Lee Lindsey
The Defendant, Jody Lee Lindsey, pled guilty to one count of violating the Habitual Motor Vehicle Offender (“HMVO”) law, one count of third offense driving on a revoked license, and one count of felony failure to appear. After a sentencing hearing, the trial court found the Defendant to be a Range III offender and merged the driving on a revoked license conviction with the HMVO conviction. It then sentenced the Defendant to five years for both the HMVO conviction and the felony failure to appear conviction. The trial court ordered the sentences to run consecutively based upon the Defendant’s extensive criminal history, for an effective sentence of ten years. On appeal, the Defendant argues that: (1) the trial court erred when it imposed consecutive sentences; (2) his convictions were based upon an unlawfully induced guilty plea; (3) the evidence is insufficient to sustain his convictions; and (4) the counsel representing him at the guilty plea hearing and sentencing hearing was ineffective. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments. |
Marshall | Court of Criminal Appeals | |
Eric D. Wallace v. Arvil Chapman, Warden
Eric D. Wallace (“the Petitioner”), proceeding pro se, filed a petition for a writ of habeas corpus, alleging that (1) his indictment for attempted first degree murder is defective because it was amended improperly to include a factual basis for aggravated assault; (2) the judgment and sentence imposed for felony murder and attempted first degree murder are void; and (3) the felony murder conviction must be dismissed. The habeas corpus court summarily denied relief, and this appeal followed. We affirm the habeas corpus court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Michael Eugene Rutherford
The Defendant, Michael Eugene Rutherford, appeals the Knox County Criminal Court’s order revoking his probation for aggravated burglary, a Class C felony, and ordering his fiveyear sentence into execution. On appeal, the Defendant contends that (1) the evidence is insufficient to revoke his probation, (2) there is new evidence related to testimony relied upon by the trial court in revoking his probation, (3) the trial court erred by allowing the victim of the Defendant’s new theft charge to testify at the revocation hearing, and (4) the court erred by insufficiently weighing his good behavior. We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals |
