State of Tennessee v. O'Dell Taylor Wisdom
Appellant, Odell Wisdom, pled guilty in Sullivan County to the charge of felony failure to appear in exchange for a five-year sentence as a Range III, persistent offender. The trial court held a sentencing hearing specifically for the purpose of addressing Appellant’s request for probation or alternative sentencing. The trial court denied Appellant’s request and ordered Appellant to serve the sentence in confinement. Appellant appeals, arguing that the trial court erred in denying an alternative sentence. However, after a thorough review of the record, we conclude that the trial court properly denied probation or alternative sentencing. Therefore, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
Robert Keith Ward v. State of Tennessee
Following his jury conviction of aggravated rape, the petitioner filed an untimely petition for post-conviction relief alleging that his conviction resulted from the ineffective assistance of counsel and that due process considerations should toll the statute of limitations. The post-conviction court ruled that the petitioner failed to establish a basis for due process tolling and summarily dismissed the petition. Discerning no error, we affirm the order of the post-conviction court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. James Randall Roskam
A Davidson County Criminal Court Jury convicted the appellant, James Randall Roskam, of aggravated robbery, a Class B felony, and the trial court sentenced him as a Range II, multiple offender to twenty years in confinement. On appeal, the appellant contends that the evidence is insufficient to support the conviction and that the State impermissibly elicited testimony from its witnesses about his prior bad acts in violation of Rule 404(b), Tennessee Rules of Evidence. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
In Re: Application of Tony Cox (seeking to qualify as agent for Memphis Bonding) and State of Tennessee v. Cheryl D. Gray and Samuel R. Brisco
In this consolidated appeal, Petitioner Tony Cox appeals the trial court’s order denying his application to qualify as a bondsman’s agent to write cash bonds in the Criminal Courts of the Thirtieth Judicial District, and Petitioner Samuel R. Brisco appeals the trial court’s revocation of his authorization to write bonds in the Criminal Courts of the Thirtieth Judicial District. In both of these cases, the trial court determined that the Petitioners’ restoration of citizenship rights following their felony convictions did not remove the civil disability preventing them from serving as a bondsman or bondsman’s agent. On appeal, the Petitioners argue that they are entitled to serve as bond agents pursuant to Attorney General Opinion 04-143. Upon review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Albert Evans v. State of Tennessee
The Petitioner, Albert Evans, appeals from the Shelby County Criminal Court’s denial of post-conviction relief from his convictions for first degree murder and especially aggravated robbery, for which he is serving life without the possibility of parole plus twenty-four years. On appeal, the Petitioner contends that he did not receive the effective assistance of counsel. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Melissa L. Grayson
A Davidson County Grand Jury indicted appellant, Melissa Grayson, for aggravated assault, two counts of aggravated robbery, and two counts of especially aggravated kidnapping. Following jury verdicts of guilty on all five counts, the trial court sentenced appellant to an effective seventeen-year sentence. Appellant claims the following errors at trial: 1) the trial court erred in declaring a witness unavailable and allowing the State to introduce his preliminary hearing testimony; 2) the trial court erred in permitting the State to elicit improper character evidence from a witness; and 3) the evidence was insufficient to sustain the convictions. The State contends that appellant has waived the first two issues because her motion for new trial was untimely. We have concluded that the State is correct with respect to its waiver argument and further, that the evidence was sufficient to sustain the verdicts. Accordingly, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Edward Wooten Titus
Defendant, Edward Wooten Titus, pled guilty to vehicular assault pursuant to a negotiated plea agreement to receive the minimum sentence of two years. The manner of service of the sentence was to be determined by the trial court. A charge of driving without a license was dismissed pursuant to the agreement. The trial court ordered alternative sentencing, with Defendant to serve the sentence in the community corrections program. Included was fifty days of incarceration with periodic confinement so that Defendant’s receipt of social security disability payments would not be jeopardized. On appeal, Defendant argues that the trial court erred by failing to grant him full probation. From the record we glean that no pre-sentence report was prepared. Therefore, we reverse the judgment of the trial court and remand for a new sentencing hearing. |
Washington | Court of Criminal Appeals | |
Bobby Joe Strader v. David Osborne, Warden
The Petitioner, Bobby Joe Strader, appeals as of right from the Morgan County Criminal Court’s summary dismissal of his petition for writ of habeas corpus. The Petitioner contends (1) that the habeas corpus court erred by not appointing counsel and not allowing him to amend his petition with the assistance of counsel prior to its dismissal and (2) that the habeas corpus court erred by summarily dismissing his petition. Following our review, we affirm the judgment of the habeas corpus court. |
Morgan | Court of Criminal Appeals | |
Jason R. Williams v. David Sexton, Warden
Petitioner, Jason R. Williams, appeals from the denial of a petition for writ of habeas corpus in which he complained that the McMinn County trial court did not have jurisdiction to impose concurrent sentences. After the timely filing of a notice of appeal, Petitioner argues in this Court that the habeas petition was improperly dismissed and that Tennessee Code Annotated section 29-21-101, which limits the grounds for habeas corpus relief, is unconstitutional. After a review of the record, we conclude that Petitioner has not provided an adequate record demonstrating his sentences were illegal. Thus, we chose not to address the constitutionality of the statute. Accordingly, the judgment of the habeas corpus court is affirmed. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Mel Lindsay Atwell
The Defendant, Mel Lindsay Atwell, pled guilty to driving under the influence fourth offense, a Class E felony, and aggravated assault, a Class C felony. The trial court sentenced the Defendant to five years for the aggravated assault conviction and two years for the felony driving under the influence conviction and ordered that the sentences run consecutively, for an effective sentence of seven years. On appeal, the Defendant argues that the trial court erred when it imposed consecutive sentences because the State had not met its burden of proof to support that decision. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments. |
Grundy | Court of Criminal Appeals | |
Jermaine Bradford v. Ronald Colson, Warden
Petitioner, Jermaine Bradford, filed a petition for habeas corpus relief in the Circuit Court of Davidson County. He sought habeas corpus relief from his conviction in the Criminal Court of Davidson County for especially aggravated kidnapping. The habeas corpus court dismissed the petition without a hearing. Petitioner appeals, and we affirm the judgment of the habeas corpus court. |
Davidson | Court of Criminal Appeals | |
Mario Pendergrass v. State of Tennessee
In a bench trial, petitioner, Mario Pendergrass, was convicted of two counts of first degree murder,especially aggravated kidnapping,and especially aggravated robbery. The trial court sentenced him to an effective sentence of life in prison plus forty-four years. Petitioner filed a petition for post-conviction relief raising the following issues:(1) whether trial counsel was ineffective for failing to develop mental health evidence; (2) whether trial counsel denied petitioner his right to testify at trial; and (3) whether petitioner voluntarily waived his right to a trial by jury. The post-conviction court denied relief following a full evidentiary hearing. Finding no error, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Tonya Thomas
The Knox County Grand Jury indicted Appellant, Tonya Thomas, for one count of aggravated assault. The trial court found Appellant guilty of a lesser included offense of simple assault. Appellant was sentenced to eleven months and twenty-nine days of probation. On appeal, Appellant challenges the sufficiency of the evidence for her conviction for simple assault. We have thoroughly reviewed the record on appeal and have concluded that the evidence presented is sufficient to support the conviction. For these reasons, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
David Ferrell v. State of Tennessee
Petitioner, David Ferrell, was convicted in Warren County of failure to display a license, violation of the seatbelt law, and two violations of the vehicle registration law. Petitioner represented himself at trial. Petitioner was sentenced to an effective sentence of fifty days. Petitioner appealed the convictions pro se, arguing that the trial court did not have subject matter jurisdiction over the case and “that he is not subject to the enforcement of traffic laws by local law enforcement authorities.” State v. David A. Ferrell, No. M2007-01306-CCAR3-CD, 2009 WL 2425963, at *1 (Tenn. Crim. App., at Nashville, Aug. 7, 2009), perm. app. denied, (Tenn. Feb. 8, 2010). This Court upheld the convictions. Id. at *3. Petitioner subsequently filed a petition for post-conviction relief. The petition was dismissed as untimely. On appeal, the State conceded that the petition was improperly dismissed as untimely. This Court agreed and reversed the dismissal of the petition. See David A. Ferrell v. State, No. M2010-00696-CCA-R3-CD, 2010 WL 5625882, at *3 (Tenn. Crim. App., at Nashville, Dec. 28, 2010). On remand, Petitioner sought recusal of the post-conviction judge. The judge denied the motion and the matter proceeded to a hearing. After the hearing, the post-conviction court denied post-conviction relief. Petitioner now appeals. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s denial of post-conviction relief because Petitioner has failed to show by clear and convincing evidence that he is entitled to post-conviction relief. Accordingly, the judgment of the post-conviction court is affirmed. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Jessica Evette Ward
Appellant, Jessica Evette Ward, was indicted by the Davidson County Grand Jury for aggravated assault and attempt to commit second degree murder. After a jury trial,Appellant was convicted of the lesser included offenses of reckless aggravated assault and misdemeanor reckless endangerment. At a sentencing hearing, the trial court merged the convictions and sentenced Appellant to serve three years in the county workhouse. Appellant did not file a motion for new trial.Appellant seeks review of the trial court’s denial of judicial diversion. After reviewing the record before this Court, we conclude that the trial court erred in failing to state on the record its reasons for denying judicial diversion; thus, we reverse the judgment of the trial court and remand for further proceedings. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Bobby L. Looper
A jury convicted Bobby L. Looper (“the Defendant”) of one count of second degree murder, and the trial court subsequently sentenced him as a Range I offender to twenty years in the Tennessee Department of Correction. In this appeal as of right, the Defendant challenges the sufficiency of the evidence supporting his conviction and the length of his sentence. Upon our thorough review of the record and relevant authorities, we affirm the Defendant’s conviction and the length of his sentence. This matter is remanded to the trial court for the entry of a corrected judgment order. |
Van Buren | Court of Criminal Appeals | |
Stanley Blue v. State of Tennessee
A Shelby County jury convicted the Petitioner, Stanley Blue, of facilitation of first degree murder, attempted second degree murder, and reckless endangerment. The trial court sentenced him to an effective sentence of forty years. The Petitioner did not appeal his sentence, but this Court affirmed his convictions on direct appeal. State v. Stanley Blue, No. W2007-00292-CCA-R3-CD, 2009 WL 723845 (Tenn. Crim. App., at Jackson, Mar. 19, 2009), perm. app. denied (Tenn. Oct. 5, 2009). The Petitioner then filed a petition for post-conviction relief, contending that he had received the ineffective assistance of counsel and that the sentence imposed by the trial court was illegal. The post-conviction court granted the Petitioner’s petition, in part, finding that his sentences were not constitutional. The State appealed, contending that the post-conviction court erred when it granted the Petitioner a new sentencing hearing. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
Teresa Deion Smith Harris v. State of Tennessee
The Petitioner, Teresa Deion Smith Harris, appeals the Henry County Circuit Court’s dismissal of her pro se petition for writ of error coram nobis. The State has filed a motion requesting that this Court affirm the order 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. |
Henry | Court of Criminal Appeals | |
State of Tennessee v. Krystal Bowman
The defendant, Krystal Bowman, appeals the Hamilton County Criminal Court’s denial of judicial diversion for her conviction of theft of property valued at $10,000 or more but less than $60,000. Discerning no error, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Craig O. Majors v. State of Tennessee
Petitioner, Craig O. Majors, was convicted of especially aggravated kidnapping, attempted aggravated robbery, and aggravated burglary in Montgomery County. See Craig O. Majors v. State,No.M2009-00483-R3-CD,2010 WL 2483512 (Tenn.Crim.App., at Nashville, Jun. 21, 2010), perm. app. denied, (Tenn. Dec. 8, 2010). Petitioner’s convictions were affirmed on appeal. Id. at *1. Petitioner sought post-conviction relief on various grounds, including ineffective assistance of counsel. The post-conviction court denied relief. Petitioner now appeals. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s denial of post-conviction relief as Petitioner has failed to show clear and convincing evidence that he is entitled to post-conviction relief. Accordingly, the judgment of the post-conviction court is affirmed |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Francisco Javier Ancona
The Defendant, Francisco Javier Ancona, was convicted by a Davidson County Criminal Court jury of first degree felony murder, attempt to commit especially aggravated robbery, a Class B felony, aggravated burglary, a Class C felony, aggravated assault, a Class C felony, and employing a handgun during the commission of a dangerous felony, a Class C felony. See T.C.A.§§ 39-13-202,39-13-403,39-14-403, 39-13-102, 39-17-1324(b) (2010). He was sentenced to life imprisonment for the first degree felony murder conviction, fifteen years for the attempted especially aggravated robbery conviction to be served concurrently with the first degree murder conviction, nine years for the aggravated burglary conviction to be served consecutively to the first degree murder conviction but concurrently with the aggravated assault conviction, nine years for the aggravated assault conviction to be served consecutively to the first degree murder conviction but concurrently with the aggravated burglary conviction, and nine years for employing a handgun during the commission of a dangerous felony conviction to be served consecutively to the aggravated burglary conviction, resulting in an effective sentence of life imprisonment plus eighteen years. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction for attempted especially aggravated robbery; (2) the trial court erred by admitting hearsay statements of the Defendant’s co-defendants into evidence at the trial; (3) the trial court erred by failing to redact a statement made by a co-defendant to the police from a telephone recording played at the trial; (4) the trial court erred by allowing the State to amend the indictment to include a greater offense than originally charged; (5) the trial court erred by allowing separate convictions for attempted especially aggravated robbery and aggravated burglary; and (6) the trial court erred by imposing partial consecutive sentencing. We affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Yoni Sales Barahona
Aggrieved of his conviction of aggravated assault and accompanying 10-year sentence of incarceration, the defendant, Yoni Sales Barahona, appeals, alleging some 21 assignments of error. Some of the issues have been waived, and others are redundant. The defendant’s reviewable challenges are these: (1) the trial court erred by denying the motion to suppress, (2) the trial court erred by admitting into evidence the preliminary hearing testimony of the victim, (3) the trial court erred by admitting the identification of the defendant by both the victim and a witness, (4) the trial court erred by admitting into evidence a knife recovered from the scene, (5) the evidence was insufficient to support his conviction, and (6) the sentence is excessive. Discerning no error in either the conviction or the sentence, we affirm the judgment. |
Davidson | Court of Criminal Appeals | |
Andrew D. Harville v. State of Tennessee
Petitioner, Andrew D. Harville, was convicted by a jury of first degree premeditated murder and felony evading arrest. Petitioner was sentenced by the trial court to life imprisonment for his murder conviction and two years for evading arrest, and his sentences were ordered to be served consecutively. This Court affirmed Petitioner’s convictions on direct appeal. A summary of the facts underlying Petitioner’s convictions can be found in this Court’s opinion in State v. Andrew Deon Harville, No. W2008-02375-CCA-R3-CD, 2010 WL 571786 (Tenn. Crim. App. at Jackson, filed Feb. 19, 2010), perm. app. denied (Tenn. June 16, 2010). Petitioner filed a petition for post-conviction relief, alleging that he received the ineffective assistance of counsel at trial. The post-conviction court denied Petitioner’s request for relief following an evidentiary hearing. Petitioner appeals. Finding no error, we affirm the judgment of the post-conviction court. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. John Wesley Shutt, II
The defendant, John Wesley Shutt, pled guilty to first offense DUI, a Class A misdemeanor, and was sentenced to eleven months and twenty-nine days. As part of his plea agreement, the defendant reserved a certified question of law: “whether the officer had probable cause to make the arrest.” After careful review of the record, we agree with the trial court that the officer involved had probable cause to arrest the defendant. We affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
Isiah Buckley v. State of Tennessee
The petitioner, Isiah Buckley, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief. Pursuant to a negotiated plea agreement, the petitioner pled guilty, as a Range I offender, to facilitation of second-degree murder, a Class B felony, and received an out-of-range sentence of fifteen years, with the manner of service to be determined. After a hearing, the petitioner was ordered to serve the sentence. In the instant appeal, the petitioner contends that his plea was not entered knowingly and voluntarily because he was deprived of the effective assistance of counsel. Specifically,he contends trial counsel was ineffective by: (1) failing to inform the trial court of withheld exculpatory evidence; and (2) failing to investigate and to interview witnesses. Following review of the record, we affirm the denial of post-conviction relief. |
Davidson | Court of Criminal Appeals |
