State of Tennessee v. Rickey Benson
The defendant, Rickey Benson, was convicted by a Shelby County Criminal Court jury of burglary of a building and theft over $1000, both Class D felonies, based on his theft of cigarettes from a Memphis Kroger. He was subsequently sentenced by the trial court as a multiple offender to concurrent terms of seven years for each conviction. He raises the following five issues on appeal: (1) whether the evidence was sufficient to sustain the convictions; (2) whether there was a proper chain of custody and authentication for the admission of the store’s surveillance videotape; (3) whether the trial court erred by admitting the store’s inventory review documents; (4) whether his constitutional rights were violated by the prosecutor’s allegedly improper closing comments; and (5) whether the trial court imposed an excessive sentence. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Gregory O. Cherry
The defendant, Gregory O. Cherry, was indicted for possession of .5 grams or more of cocaine with intent to manufacture, deliver, or sell; sale of less than .5 grams of cocaine; delivery of less than .5 grams of cocaine; and possession of drug paraphernalia. After the denial of a motion to suppress, he was convicted by a jury of possession of .5 grams or more of cocaine with intent to sell, delivery of less than .5 grams of cocaine, and possession of drug paraphernalia and sentenced to an effective sentence of eight years, to be served consecutively to two other sentences. This court dismissed the notice of appeal because it was filed before the trial court issued a final order from which to appeal. See State v. Gregory O. Cherry, No. W2006-00015-CCA-R3-CD, 2007 WL 2155740, at *1 (Tenn. Crim. App. July 27, 2007). The defendant then filed a “Petition for Delayed Motion for New Trial,” which the trial court denied, and this appeal followed. On appeal, he challenges: (1) the denial of the motion to suppress his statement and the evidence obtained by a warrantless search of his vehicle; and (2) the sufficiency of the evidence. Following our review, we affirm the judgments of the trial court. |
Hardin | Court of Criminal Appeals | |
Kenneth Lyle Davis v. State of Tennessee
A Madison County jury convicted the Petitioner of possession of methamphetamine with intent to sell and/or deliver, possession of unlawful drug paraphernalia, reckless driving, and driving on a canceled, suspended, or revoked license. The trial court sentenced him to an effective ten-year sentence. This Court affirmed the Petitioner’s convictions and sentences on appeal. State v. Kenneth L. Davis, No W2008-00226-CCA-R3-CD, 2009 WL 160927, at *1 (Tenn. Crim. App., at Jackson, Jan. 23, 2009), perm. app. denied (Tenn. June 15, 2009). The Petitioner filed a petition for post-conviction relief in which he alleged that he had received the ineffective assistance of counsel, which the post-conviction court dismissed after a hearing. On appeal, the Petitioner contends that the post-conviction court erred when it denied his request to amend his petition a third time and when it dismissed his petition. After a thorough review of the record and applicable authorities, we conclude there exists no error in the post-conviction court’s judgment. We, therefore, affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
Shaun Danielle Stafford v. State of Tennessee
The Petitioner, Shaun Danielle Stafford, appeals the Bradley County Criminal Court’s denial of her petition for post-conviction relief from her conviction of selling more than .5 grams of methamphetamine and resulting sentence of fifteen years as a Range II, multiple offender. On appeal, she contends that she received ineffective assistance of counsel and that her guilty plea was rendered involuntary by the ineffective assistance of counsel. Based upon our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Bradley | Court of Criminal Appeals | |
Darryl Thompson v. Sate of Tennessee
The petitioner, Darryl Thompson, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief. The petitioner, pursuant to a negotiated plea agreement, pled guilty to second degree murder, a Class A felony, and was sentenced as a Range II offender to a term of forty years. On appeal, he contends that his guilty plea was not knowingly and voluntarily entered due to the ineffective assistance of counsel. Specifically, the petitioner contends that trial counsel was ineffective by failing to properly advise him of the consequences of pleading outside his range. Following careful review of the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Mike Dwayne Rahming v. State of Tennessee
The petitioner, Mike Dwayne Rahming, appeals the Davidson County Criminal Court’s summarily dismissal of his petition for post-conviction relief as time-barred. The petitioner pled guilty to Class D felony burglary and received a two-year probated sentence in 2007. In 2011, he filed the instant petition for relief asserting ineffective assistance of counsel. On appeal,hecontends that the post-conviction court’s summary dismissal resulted in a violation of his due process rights. Because the petitioner has failed to establish that the petition was timely filed or that a recognized exception to the statute of limitation applies, we find no error in the post-conviction court’s dismissal. |
Davidson | Court of Criminal Appeals | |
Robin Paul Cagle v. State of Tennessee
Robin Paul Cagle (“the Petitioner”) filed a petition for post-conviction relief from his conviction of aggravated sexual battery, alleging that his guilty plea was constitutionally infirm and that it was entered due to the ineffective assistance of counsel. After a hearing, the post-conviction court denied relief, and this appeal followed. Upon our careful review of the record and relevant authorities, we affirm the judgment of the post-conviction court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Douglas Emory Carlton
Douglas Emory Carlton (“the Defendant”) appeals his jury conviction for burglary. On appeal, he asserts that the trial court erred in denying his motion to suppress his statement made to police officers. He also alleges that the evidence presented at trial was insufficient to support his conviction. After a thorough review of the record and the applicable law, we affirm the Defendant’s conviction. |
Weakley | Court of Criminal Appeals | |
Tony Chandler v. State of Tennessee
In 2005, the Petitioner, Tony Chandler, pled guilty to two counts of aggravated burglary, two counts of theft under $500, two counts of aggravated robbery, evading arrest in a motor vehicle, and burglary. For these convictions, the trial court sentenced him to an effective sentence of sixteen years. In 2011, the Petitioner filed a petition for post-conviction relief and for a writ of error coram nobis. The State filed a motion to dismiss because the petition was untimely filed. The post-conviction court dismissed the petition, finding that the petition was untimely filed. On appeal, the Petitioner contends the post-conviction court erred when it dismissed his petition without a hearing. Following our review of the record and the law, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. William Franklin Chumley
The defendant was convicted by a jury of rape of a child, a Class A felony, and sentenced to serve twenty-five years in prison. He appeals his conviction, challenging the sufficiency of the evidence supporting the conviction and contending that the victim’s identification of him to the sexual assault nurse should have been excluded as hearsay. Because we conclude that the evidence is sufficient to support the conviction and that the identification was properly admitted into evidence, we affirm the judgments of the trial court. |
Tipton | Court of Criminal Appeals | |
Joseph May v. State of Tennessee
Joseph May (“the Petitioner”) filed for post-conviction relief from his conviction of first degree premeditated murder. The Petitioner contends that his trial lawyer provided ineffective assistance of counsel. After an evidentiary hearing, the post-conviction court denied relief. This appeal followed. Upon our careful review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Leon Flannel v. State of Tennessee
The petitioner, Leon Flannel, appeals the denial of his petition for post-conviction relief. The petitioner was convicted by a jury of one count of murder in the perpetration of a theft and one count of premeditated murder; the convictions were merged, and the petitioner was sentenced to imprisonment for life. After the denial of his direct appeal, the petitioner filed a petition for post-conviction relief, asserting ineffective assistance of counsel. Specifically, the petitioner urges that, because he expressed his dissatisfaction with his trial counsel prior to trial, his trial counsel should have withdrawn. The trial court found no deficiency in the petitioner’s trial counsel’s performance and no resulting prejudice. After a thorough review of the petitioner’s claim, we affirm. |
Shelby | Court of Criminal Appeals | |
Gerraldo White v. State of Tennessee
The petitioner, Gerraldo White, appeals the denial of his petition for post-conviction relief. The petitioner asserts that the post-conviction court erred in dismissing his petition without appointing an attorney to represent him, without holding an evidentiary hearing on the issues raised, and without allowing him an opportunity to respond to the State’s brief opposing his petition. After a thorough review of the record, we conclude that the petitioner has asserted no colorable claim to relief, and we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jason Peter Meeks
The Defendant, Jason Peter Meeks, was convicted of driving under the influence (DUI), violating the implied consent law, and leaving the scene of an accident, all misdemeanor offenses. The Defendant appeals pursuant to Rule 3, Tennessee Rules of Appellate Procedure, contending that he should be granted a new trial because the State failed to record his trial. We disagree with the Defendant’s claim and affirm the judgments of the trial court. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Glenda Nash Clemmons
The appellant, Glenda Nash Clemmons, pled guilty in the Marion County Circuit Court to failure to appear in case numbers 8109 and 8721. In case number 8109, the trial court sentenced her to two years to be served as sixty days in jail and one year, ten months in community corrections. In case number 8271, the trial court sentenced her to three years to be served in community corrections and consecutively to the two-year sentence in case number 8109. Subsequently, the trial court revoked her community corrections sentences and ordered her to serve her effective five-year sentence in confinement. The appellant contends that the trial court erred by revoking her community corrections sentences and ordering her to serve her original sentences in confinement. She also contends that she did not receive all the jail credits to which she was entitled. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Marion | Court of Criminal Appeals | |
Robert Jason Burgess v. State of Tennessee
The Petitioner, Robert Jason Burgess, appeals from the Marshall County Circuit Court’s denial of post-conviction relief from his convictions for two counts of rape and two counts of possession with intent to sell a controlled substance, for which he is serving an effective twenty-six-year sentence. On appeal, the Petitioner contends that he did not receive the effective assistance of counsel. He also contends that the trial court erred in treating his letters as a petition for post-conviction relief. We affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Derrick Keith Walker
The Hamilton County Criminal Court grand jury charged the defendant, Derrick Keith Walker, with one count of attempt to commit the premeditated first degree murder of the victim, Charles Vandergriff, and one count of the aggravated assault of the victim. The defendant and the State entered into a plea agreement calling for dismissal of the attempted murder count and a plea of guilty to aggravated assault, a Class C felony, with a six-year Range I sentence to be served as 11 months and 29 days in confinement followed by supervised probation. The agreement provided for the defendant to pay $13,000 in restitution at the rate of $175 per month beginning on March 15, 2010. On December 17, 2009, the trial court entered a judgment that implemented the terms of the plea agreement. In August 2011, the State obtained a probation violation warrant claiming that the defendant garnered new arrests and had failed to pay restitution. Following a revocation hearing, the trial court revoked the defendant’s probation and ordered him into confinement to serve the balance of his sentence. In this appeal, the defendant claims that the trial court erred by revoking the probation and by ordering him to fully serve his original sentence. Because the record supports the order of the trial court, we affirm the order. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Victor Byndum
The Defendant, Victor Byndum, appeals the Madison County Circuit Court’s order revoking his community corrections sentence for two violations of the Sexual Offender Registration and Monitoring Act and ordering him to serve his six-year sentence. We affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Travis Davison
The Appellant filed a motion to correct a judgment pursuant to Tennessee Rule of Criminal Procedure 36 in the Shelby County Criminal Court. The trial court subsequently entered an order denying the Appellant’s motion. In this appeal, the Appellant contends that the trial court erred in denying his motion. Because there is no appeal as of right from the denial of a Rule 36 motion to correct a judgment, the appeal is dismissed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Anthony Jeffries
A grand jury indicted appellant for possession of a substance containing .5 grams or more of cocaine with intent to sell within 1,000 feet of a school, in violation of Tennessee Code Annotated section 39-17-417 (a)(4), a Class A felony. Following an unsuccessful motion to suppress the evidence, appellant entered a guilty plea to possession of .5 grams or more of cocaine with intent to sell, a Class B felony. Pursuant to the plea agreement, the trial court sentenced appellant to eight years and 270 days and placed him on probation. As a condition of the plea agreement, appellant reserved the right to certify several questions of law challenging the validity of the search that yielded the evidence against him. Following our review, we affirm the trial court’s judgment. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Sanders Lee Madewell
A Putnam County Grand Jury returned an indictment against Defendant, Matthew Kinnard, charging him with one count of aggravated child abuse. Following a jury trial, Defendant was convicted of the lesser-included offense of reckless aggravated assault. He received a sentence of three years in the Department of Correction. On appeal, Defendant argues that the trial court erred in denying his request for probation or some other form of alternative sentence. After a thorough review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Terry Neal
After a trial by jury, the defendant was found guilty of four counts of rape, Class B felonies, and three counts of sexual battery by an authority figure, Class C felonies. The defendant was sentenced to a total effective sentence of twenty years. On appeal, the defendant claims that the evidence is insufficient to support his convictions, that the prosecution committed misconduct during closing argument, and that the trial court erred by ordering him to serve his sentence on a single rape count consecutive to his remaining concurrent sentences. After carefully reviewing the record and the arguments of the parties, we affirm the judgments of the trial court. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Bert Durand Hatmaker
A Campbell County jury convicted the Defendant, Bert Durand Hatmaker, of one count of reckless endangerment, one count of assault, and one count of leaving the scene of an accident. The trial court sentenced the Defendant to concurrent sentences of two years for the reckless endangerment conviction, eleven months and twenty-nine days for the assault conviction, and thirty days for the leaving the scene of an accident conviction, with sixty days to be served in jail and the remainder to be served on probation. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction for reckless endangerment. After a thorough review of the record and relevant authorities, we affirm the trial court’s judgments. |
Campbell | Court of Criminal Appeals | |
Joseph A. Hale v. David Osborne, Warden
The Petitioner, Joseph A. Hale, appeals the Morgan County Criminal Court’s dismissal of his petition for habeas corpus relief from his 2007 conviction for second degree murder and resulting seventeen-year sentence. He contends that his sentence is void because the trial court improperly sentenced him pursuant to the 2005 Sentencing Amendments when the offense date was 2004. The State has moved this court to affirm the trial court’s denial of relief by memorandum opinion pursuant to Rule 20 of the Court of Criminal Appeals. The State’s motion for a memorandum opinion is granted, and the judgment of the trial court is affirmed. |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. Keisha M. Howard
The Defendant-Appellant, Keisha M. Howard, was indicted for theft of property valued at $60,000 or more and for violating the Tennessee Computer Act, both Class B felonies. She entered guilty pleas to the offenses as charged in the Bradley County Criminal Court, with the trial court to determine the length and manner of her sentence as well as the amount of restitution, if any. See T.C.A. §§ 39-14-103, -105(5), -602(a)(1) (2006). The trial court sentenced Howard as a Range I, standard offender and imposed concurrent sentences of eight years. Under the special conditions in the theft judgment, the court ordered that Howard “may apply to Community Corrections” and that she “owes $215,000 [and] cannot pay that amount but must pay no less than $200 a month.” Howard filed a motion to clarify the total amount of restitution owed, and the trial court, in determining that its previous judgment regarding restitution violated Tennessee Code Annotated section 40-35-304(c), ordered Howard to pay $1,000 per month for eight years, for a total of $96,000 in restitution. On appeal, Howard argues that the trial court’s order requiring her to pay $96,000 in restitution was unreasonable, given her financial resources and ability to pay. Upon review, we reverse the trial court’s order that Howard pay $1,000 per month for eight years for a total of $96,000 in restitution, and we amend the judgments to show that the victim’s loss in this case is $156,951.30 and that the restitution, based on the proof established of Howard’s present ability to pay, is reduced to $48,000, which shall be paid at the rate of $500 per month for eight years. In all other respects, the trial court’s judgments are affirmed. |
Bradley | Court of Criminal Appeals |
