COURT OF CRIMINAL APPEALS OPINIONS

Michael Scott Farner v. David Sexton, Warden, et al
E2011-01636-CCA-R3-HC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Lynn W. Brown

The petitioner, Michael Scott Farner, appeals the summary dismissal of his petition for writ of habeas corpus, claiming that his 1988 guilty-pleaded convictions of second degree murder, assault with intent to commit first degree murder, and seconddegree burglary are void because his guilty pleas were not knowingly and voluntarily entered and because his sentences are illegal. Because we perceive no error in the dismissal of the petition for writ of habeas corpus, we affirm the judgment of the habeas corpus court.

Johnson Court of Criminal Appeals

State of Tennessee v. Ericka Barfield
E2011--02686-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Rex Henry Ogle

The defendant, Ericka Barfield, appeals the Sevier County Circuit Court’s revocation of her probation and order that she serve the remainder of her sentence in confinement. Discerning no error, we affirm the judgment of the trial court.

Sevier Court of Criminal Appeals

State of Tennessee v. Gregory Darnell Valentine
M2010-02356-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Dee David Gay

Defendant, Gregory D. Valentine, appeals from the trial court’s summary dismissal, without an evidentiary hearing, of  Defendant’s motion to withdraw his guilty pleas. After a thorough review of the record, we reverse the judgment of the trial court and remand for a hearing on Defendant’s motion.

Davidson Court of Criminal Appeals

State of Tennessee v. Walter Lavar Wright
M2011-01904-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Robert Crigler

The defendant, Walter Lavar Wright, pleaded guilty to two counts of sale of .5 grams or more of cocaine and one count of possession with the intent to sell .5 grams or more of cocaine and received a Range I sentence of nine years’ incarceration. Following the successful completion of “boot camp,” the defendant was placed on probation. On January 20, 2011, a probation violation warrant issued alleging that the defendant violated the terms of his release by garnering a new arrest, failing to report to his probation officer, failing to maintain employment, and failing to pay fines and costs. At the hearing, the defendant admitted to many of the allegations. The trial court revoked the defendant’s probation and ordered him to serve his sentence in confinement. In this timely appeal, the defendant claims that the trial court erred in ordering him into confinement. Because the record supports the trial court’s order, we affirm.

Bedford Court of Criminal Appeals

Brenda Holliman v. State of Tennessee
W2011-00201-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge John Fowlkes Jr.

Petitioner, Brenda Holliman, was convicted by a Shelby County jury of first degree murder and conspiracy to commit first degree murder. She received concurrent sentences of life without parole and fifteen years. The victim was Petitioner’s husband. Her convictions and sentences were affirmed on appeal. State v. Brenda Holliman, No. W2003-01736-CCA-R3-CD, 2005 WL 819735 (Tenn. Crim. App. Apr. 8, 2005) perm. app. denied (Tenn. Oct. 24, 2005). She timely filed a petition for post-conviction relief, which was amended. Following an evidentiary hearing the petition was dismissed. Petitioner has timely appealed. After a thorough review of the record and the parties’ briefs, we affirm the judgment of the postconviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. Monica Rankin
M2011-01849-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Robbie Beal

The Defendant, Monica Rankin, pled guilty to two counts of sexual battery by an authority figure, aggravated statutory rape, exploitation of a minor by electronic means, solicitation to commit aggravated statutory rape,and solicitation to commit sexual battery by an authority figure. The trial court sentenced the Defendant as a Range I, standard offender, to an effective sentence of five years and ordered her to serve six months in confinement, followed by supervised probation. On appeal, the Defendant argues that the trial court erred when it:
(1) applied enhancement factors and failed to apply mitigating factors; (2) denied her full probation; and (3) denied her request for a variance from the probation rule prohibiting internet access for sex offenders. Following our review, we affirm the trial court’s judgments.

Williamson Court of Criminal Appeals

State of Tennessee v. Brittany Renee Chambers
M2011-00623-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Cheryl A. Blackburn

Defendant, Brittany Renee Chambers, pled guilty to burglary, a class D felony, pursuant to a negotiated plea agreement. The parties agreed that the sentence would be eight years as a Range III persistent offender, that three other counts of the indictment would be dismissed, and that the trial court would determine the manner of service of the sentence. After finding that Defendant had at least nine prior felony convictions, fourteen misdemeanor convictions, and had violated probation and parole several times, the trial court ordered Defendant to serve the entire sentence in the Department of Correction. Defendant appeals, arguing that the trial court should have ordered the sentence to be served in the alternative sentencing of community corrections. After a thorough review of the entire record,we affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee.

Davidson Court of Criminal Appeals

Robert E. Bostick v. State of Tennessee
E2011-01281-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Rebecca J. Stern

Petitioner, Robert E. Bostick, was indicted by the Hamilton County Grand Jury for first degree murder, aggravated burglary, attempted aggravated burglary, Class E felony theft, and Class E felony vandalism. Pursuant to a negotiated plea agreement, Petitioner pled guilty to second degree murder, a lesser included offense of first degree murder and received an agreed sentence of 20 years at 100%. All other charges were dismissed pursuant to the plea agreement. Defendant timely filed a petition for post-conviction relief which was dismissed by the post-conviction court following an evidentiary hearing. Petitioner appeals, raising two issues: (1) The post-conviction court erred by ruling his guilty plea was intelligently and voluntarily entered, and (2) Petitioner should be allowed to obtain a “second opinion mental evaluation” in order to prove he was incapable of agreeing to a plea agreement voluntarily and intelligently. We affirm the judgment of the post-conviction court.

Hamilton Court of Criminal Appeals

Curtis L. Wren v. David Osborne, Warden
E2012-00072-CCA-R3-HC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge E. Eugene Eblen

Petitioner, Curtis L. Wren, filed a petition for habeas corpus relief in the Morgan County Criminal Court, seeking relief from several convictions in the Shelby County Criminal Court. The habeas corpus court dismissed the petition without an evidentiary hearing. Petitioner has timely appealed that ruling. We affirm the habeas corpus court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee.

Morgan Court of Criminal Appeals

State of Tennessee v. Troy Ector
W2011-02039-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge J. Robert Carter

A Shelby County jury convicted the Defendant, Troy Ector, of especially aggravated kidnapping, carjacking, and employing a firearm during the commission of a felony, and the trial court sentenced him to a twenty-two year effective sentence. On appeal, the Defendant contends that the evidence was insufficient to sustain his convictions and that the trial court erred when it denied his request for a jury instruction on the lesser-included offense of unauthorized use of a motor vehicle. After a thorough review of the record and relevant authorities, we affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

Steve Allen Click v. State of Tennessee
E2011-01965-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge David R. Duggan

Much aggrieved by his convictions of three counts of aggravated rape and one count of evading arrest, for which he received an effective sentence of 120 years  incarceration, the petitioner, Steve Allen Click, filed a timely petition for post-conviction relief attacking the judgments based upon the ineffective assistance of counsel and other constitutional deprivations. Following the appointment of counsel, amendment to the petition, and a full evidentiary hearing, the post-conviction court ruled that the petitioner had failed to establish his claims by clear and convincing evidence and denied relief. The petitioner now appeals, claiming that the post-conviction court erred in denying him relief. Discerning no error, we affirm the judgment of the post-conviction court.

Blount Court of Criminal Appeals

Barry W. Ritchie v. Bruce Westbrooks, Warden
E2012-00062-CCA-R3-HC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge E.Eugene Eblen

The petitioner appeals the summary dismissal of his petition for writ of habeas corpus, in which he challenged his 1981 Hamilton County Criminal Court jury convictions of aggravated rape and aggravated robbery. In this appeal, he claims that his aggravated rape conviction and accompanying sentence of life imprisonment are void because that offense was not actually classified as a Class X felony by the general assembly at the time of his crime. Discerning no error, we affirm the judgment of the habeas corpus court.

Morgan Court of Criminal Appeals

State of Tennessee v. Earnest Laning
E2011-01882-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge John Dugger, Jr.

A Hamblen County Criminal Court Jury convicted the appellant, Earnest Laning, of driving under the influence (DUI), second offense, and the trial court sentenced him to eleven months, twenty-nine days to be served as 135 days in jail and the remainder on probation. On appeal, the appellant contends that the trial court erred by allowing the State to introduce his blood test result into evidence because the State failed to establish the chain of custody. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court.

Hamblen Court of Criminal Appeals

State of Tennessee v. Randy Keith Wallace
E2011-00606-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge R. Jerry Beck

Appellant, Randy K. Wallace, was indicted by the Sullivan County Grand Jury for one count of rape and one count of sexual battery. After a jury trial, Appellant was found guilty of two counts of sexual battery. As a result, he was sentenced as a Range II, multiple offender to an effective sentence of eight years. The trial court denied a motion for new trial, and this appeal followed. On appeal, Appellant challenges the sufficiency of the evidence and his sentence. Because we determine that the evidence was sufficient to support the convictions for sexual battery and that the trial court properly sentenced Appellant to an effective sentence of eight years, we affirm the judgments of the trial court.

Sullivan Court of Criminal Appeals

Corey Lynn Clark v. State of Tennessee
W2012-00040-CCA-MR3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Clayburn L. Peeples

The petitioner, Corey Lynn Clark, appeals the post-conviction court’s denial of his petition for post-conviction relief from his guilty plea conviction for second degree murder, arguing that he received the ineffective assistance of counsel, which caused him to enter an unknowing and involuntary guilty plea. After review, we affirm the denial of the petition.

Gibson Court of Criminal Appeals

State of Tennessee v. Andrew Hayes
W2010-02641-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt Jr.
Trial Court Judge: Judge Carolyn Wade Blackett

The defendant, Andrew Hayes, appeals his Shelby County Criminal Court jury convictions of felony murder and aggravated robbery, claiming that the trial court erred by admitting certain evidence, that the trial court erred by denying his motion to suppress the statements he made to police, that the evidence was insufficient to support his convictions, and that the trial court committed plain error in its instructions to the jury. Discerning no error, we affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. George Lee Jones
W2011-02144-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Donald H. Allen

The defendant, George Lee Jones, was convicted by a Madison County Circuit Court jury of aggravated burglary, a Class C felony, and theft under $500, a Class A misdemeanor, and was sentenced to an effective term of ten years in the Department of Correction. On appeal, he challenges the sufficiency of the convicting evidence. After review, we affirm the judgments of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. Heralal Nandlal
W2011-00142-CCA-R3-CD
Authoring Judge: Judge Jeffrey S. Bivins
Trial Court Judge: Judge James M. Lammey Jr.

The Defendant, Heralal Nandlal, was indicted on one count of aggravated robbery. At the close of the State’s proof at trial, the trial court, out of the presence of the jury, sua sponte revoked the Defendant’s appearance bond. The jury convicted the Defendant of aggravated robbery, and the Defendant now appeals. On appeal, he asserts that the trial court demonstrated bias in its decision to revoke the Defendant’s bond. After a careful review of the record, we affirm the Defendant’s conviction.

Shelby Court of Criminal Appeals

State of Tennessee v. Tomario Walton aka Quadricus Dean
W2011-01082-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Paula Skahan

A Shelby County jury convicted the Defendant-Appellant, Tomario Walton a.k.a. Quadricus Dean, of aggravated robbery, a Class B felony. He was sentenced as a Range I, standard offender to a nine-year term of imprisonment in the Tennessee Department of Correction. On appeal, Walton presents the following issues for our review: (1) whether the trial court erred in denying his motion to suppress the victim’s showup identification of him as the perpetrator of the offense, and (2) whether the evidence at trial, specifically that of Walton’s identity, was sufficient to support the jury’s verdict. Upon review, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. David Weed
W2010-01078-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge James C. Beasley Jr.

Defendant, David Weed, was indicted by the Shelby County Grand Jury for two counts of official misconduct, a Class E felony. Defendant pleaded guilty to the offenses charged and was sentenced by the trial court to two years in the Shelby County Workhouse for each count, with all but 90 days suspended, after which Defendant would be placed on probation for five years. Defendant’s sentences were ordered to be served concurrently. Defendant appeals his sentences and asserts that the trial court erred by denying his request for judicial diversion, or in the alternative, his request for full probation. After a careful review of the record, we affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

Joseph Gunter v. State of Tennessee
M2011-01530-CCA-R3-PC
Authoring Judge: Judge Jeffrey S. Bivins
Trial Court Judge: Judge E. Shayne Sexton

Joseph Gunter ("the Petitioner") filed for post-conviction relief from his convictions of first degree felony murder and especially aggravated robbery, alleging ineffective assistance of counsel at trial. The Petitioner also sought DNA analysis of certain evidence introduced in his trial. After an evidentiary hearing, the post-conviction court denied relief and denied the Petitioner’s request for DNA analysis. This appeal followed. Upon our thorough review of the record and relevant authorities, we affirm the judgment of the post-conviction court.

 

Fentress Court of Criminal Appeals

State of Tennessee v. James Byron Wright
E2011-01661-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge David Patterson

Defendant, James Byron Wright, entered a guilty plea to violation of an habitual motor offender order and to driving under the influence of an intoxicant (DUI) 6th offense, and received concurrent two-year sentences on the convictions to be served by incarceration. Pursuant to Tennessee Code Annotated section 40-35-212, he was released from confinement and placed on supervised probation. A little less than two months later, a probation violation warrant was filed alleging that Defendant failed to report to his probation officer as required. The trial court, following a hearing, found Defendant had violated his probation, revoked his probation, and ordered him to serve the balance of the sentence by incarceration. On appeal, Defendant asserts that the trial court’s disposition that Defendant serve the balance of his sentence by confinement is too harsh. After full review of the record and the parties’ briefs, we affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee.

Cumberland Court of Criminal Appeals

Melvin Crump v. State of Tennessee
M2011-00189-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Walter Kurtz

Petitioner, Melvin Crump, was convicted of first degree premeditated murder, felony murder in perpetration of a rape, and felony murder in perpetration of larceny. The trial court merged Petitioner’s convictions, and Petitioner was sentenced by the jury to life imprisonment. On direct appeal, this Court affirmed Petitioner’s conviction and sentence. A summary of the facts underlying Petitioner’s conviction can be found in this Court’s opinion in the direct appeal. State v. Melvin Crump, No. M2006-02244-CCA-R3-CD, 2009 WL 723524 (Tenn. Crim. App. at Nashville, March 18, 2009), perm. app. denied, (Tenn., Aug. 24, 2009). Petitioner sought post-conviction relief on the grounds that his trial counsel was ineffective. The post-conviction court denied relief after an evidentiary hearing. After a careful review of the record, we affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

State of Tennessee v. Nicole Starcher
E2011-02078-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Bob R. McGee

The Defendant, Nicole Starcher, pled guilty to one count of theft of property valued at $1,000 or more but less than $10,000, a Class D felony, and three counts of passing a worthless check, a Class A misdemeanor. See Tenn. Code Ann. §§ 39-14-103, -105, -121. Following a sentencing hearing, at which the trial court denied judicial diversion, the Defendant was sentenced to three years enhanced probation. In this appeal as of right, the Defendant contends that the trial court erred in denying her application for judicial diversion. Because the trial court failed to adequately state upon the record the basis for its denial of the Defendant’s application for judicial diversion, we vacate the Defendant’s sentences and remand this matter for a new sentencing hearing and correction of the judgments.

Knox Court of Criminal Appeals

State of Tennessee v. Xavier Bell
W2011-01424-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Paula Skahan

A Shelby County jury convicted the Defendant, Xavier Bell, of aggravated robbery, and the trial court sentenced the Defendant, as a Range I, standard offender, to serve nine years in the Tennessee Department of Correction. The Defendant appeals his conviction, contending that: (1) the evidence is insufficient to support his conviction; and (2) the trial court erred when it admitted recordings of the Defendant’s jail telephone conversations. After a thorough review of the record and applicable law, we affirm the trial court’s judgment.

Shelby Court of Criminal Appeals