State of Tennessee v. Sherri A. Bogle
Defendant, Sherri A. Bogle, appeals from the trial court’s order revoking Defendant’s probation and requiring her to serve the sentence in incarceration. Defendant argues on appeal that her sentence had expired before the State initiated revocation proceedings. After a thorough review of the record and the briefs, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Wendi Nicole Garrison
A Carter County Criminal Court Jury convicted the appellant, Wendi Nicole Garrison, of the second degree murder of the victim, Joshua Perry. The trial court imposed a sentence of sixteen years in the Tennessee Department of Correction. On appeal, the appellant argues that the evidence is insufficient to sustain her conviction, that the trial court erred in denying her request to charge assisted suicide as a lesser-included offense of second degree murder, and that the trial court erred in denying her request for a jury instruction regarding assisted suicide as a defense to second degree murder. Upon review, we affirm the judgment of the trial court. |
Carter | Court of Criminal Appeals | |
State of Tennessee v. Matthew Kinnard
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. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. L. B. Rittenberry, Jr.
A Davidson County Criminal Court Jury convicted the appellant, L. B. Rittenberry, Jr., of second degree murder, and the trial court sentenced him to twenty years to be served at one hundred percent. On appeal, the appellant contends that (1) the evidence is insufficient to support the conviction; (2) the trial court should have granted his motion to suppress his statements; (3) the trial court erred by allowing the State to refer to the deceased as “the victim”; and (4) his sentence is excessive. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Shelly Minor
Appellant, Shelly Minor, was indicted by the Shelby County Grand Jury for several offenses after the death of his estranged girlfriend. At the conclusion of a lengthy jury trial, Appellant was found guilty of second degree murder, leaving the scene of an accident involving injury or death, driving while a habitual motor vehicle offender, driving under the influence (“DUI”), reckless driving, vehicular homicide by intoxication, and vehicular homicide by reckless conduct. At sentencing, the trial court merged the vehicular homicide convictions with the second degree murder conviction and merged the reckless driving conviction with the conviction for driving under the influence. As a result of the convictions, Appellant was ordered to serve an effective sentence of twenty-eight years, eleven months, and twenty-eight days. A motion for new trial was denied and this appeal followed. On appeal, Appellant argues that: (1) the evidence was sufficient to support the convictions; (2) the trial court erred in denying a continuance; (3) the trial court erred in allowing the State to introduce evidence of prior bad acts of Appellant and hearsay statements made by the victim; (4) the State committed discovery violations with regard to recorded telephone calls made by Appellant while incarcerated; (5) cumulative errors necessitate a reversal of Appellant’s convictions; and (6) the trial court erred in sentencing Appellant to an excessive sentence with consecutive sentencing. After a review of the record and applicable authorities, we determine: (1) the evidence was sufficient to support the convictions; (2) Appellant failed to show what the testimony of the missing witness would have been at trial and, therefore, cannot show prejudice from the trial court’s failure to grant a continuance to secure the witness’s attendance at trial; (3) the trial court properly allowed the State to introduce evidence of prior bad acts of Appellant under Tennessee Rule of Evidence 404(b) and 804(b)(6); (4) Appellant failed to show how he was prejudiced by the State’s alleged discovery violations; (5) cumulative errors do not necessitate a reversal of Appellant’s convictions; and (6) the trial court properly sentenced Appellant. Accordingly, the judgments of the trial court are affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kevin Womack
A Madison County jury convicted the Defendant, Kevin Womack, of possession of cocaine with intent to sell, possession of cocaine with intent to deliver, possession of a firearm with intent to employ in the commission of a dangerous felony, possession of drug paraphernalia, theft of property over $500, and tampering with evidence. The trial court sentenced the Defendant to an effective eighteen-year sentence in the Tennessee Department of Correction. On appeal, the Defendant asserts that the evidence is insufficient to support his convictions. After a thorough review of the record and applicable law, we affirm the trial court’s judgments, with the exception of the theft of property conviction, which we modify from a Class E felony theft to a Class A misdemeanor theft. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Tarik Thompson
A Shelby County jury convicted the Defendant, Tarik Thompson, of two counts of unlawful possession of dihydrocodeinone, a schedule III drug. The trial court merged the offenses, assessed a two thousand dollar fine, and sentenced the Defendant to eighteen months in the workhouse as a range one offender. On appeal, the Defendant contends: (1) the evidence is insufficient to sustain the Defendant’s conviction for one of the two counts of unlawful possession of dihydrocodeinone; and (2) the trial court committed plain error by failing to instruct the jury on the valid prescription exception to the offense of simple possession of dihydrocodeinone. After a thorough review of the record and relevant authorities, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joshua Shell
Defendant, Joshua Shell, appeals from the trial court’s order which revoked Defendant’s probation and ordered him to serve by incarceration his effective sentence of four years for one count of burglary, three counts of vehicle burglary, and four counts of theft. The State concedes error in the trial court’s proceedings and admits the case must be remanded for a probation violation hearing. We agree and reverse the judgment of the trial court and remand for a probation violation hearing. |
Union | Court of Criminal Appeals | |
Alonzo Quawndell Vinson v. State of Tennessee
Petitioner, Alonzo Quawndell Vinson, appeals the post-conviction court’s dismissal of his petition for post-conviction relief following an evidentiary hearing. The sole ground for relief presented at the hearing was that Petitioner’s sentence for aggravated assault, imposed pursuant to a negotiated plea agreement, is illegal, and the judgment of conviction is therefore void. After a thorough review of the record and the briefs, we affirm the judgment of the post-conviction court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Randall Mason Nunn
Defendant, Randall Mason Nunn, pursuant to a plea agreement, pled guilty in the Criminal Court of Sullivan County to misdemeanor theft of services, a Class A misdemeanor, and to the Class A misdemeanor offense of failure to appear. Pursuant to the agreement, he received concurrent sentences of 11 months and 29 days with a 75% service of the effective sentence prior to eligibility for work release, furlough, trusty status, and related rehabilitative programs. The issue of whether Defendant would serve his sentence totally in confinement or by some other alternative sentence was to be determined by the trial court on a later date announced in open court and acknowledged by Defendant. Defendant, whowas represented by counsel throughout the proceedings, failed to appear for his scheduled sentencing hearing, or for any of the three subsequently scheduled sentencing hearings. Each time Defendant’s counsel announced that Defendant had just reported to counsel that Defendant’s child had a medical condition which required Defendant’s presence at hospitals in Knoxville and later in Nashville. The trial court held the last scheduled hearing with Defendant absent and ordered Defendant to serve his entire sentence. Defendant appeals, arguing he should have been granted alternative sentencing. We affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Michael Gooding
After a jury trial, Defendant Michael Gooding was convicted of third offense driving under the influence of an intoxicant (DUI). The trial court sentenced him to serve 160 days in the county workhouse. Defendant’s sole issue on appeal is a challenge to the sufficiency of the evidence to sustain the conviction of DUI. We affirm the conviction of DUI, third offense, but remand for entry of a corrected judgment setting forth the correct sentence of 11 months and 29 days, with all but 160 days suspended for DUI, third offense, and for designation that counts 1, 2, and 4 are merged with count 3. |
Shelby | Court of Criminal Appeals | |
Kenneth Rich v. State of Tennessee
Petitioner, Kenneth Rich, appeals from the habeas corpus trial court’s order dismissing, without an evidentiary hearing, the petition for writ of habeas corpus relief filed by Petitioner. After reviewing the entire record, we affirm the judgment of the habeas corpus court. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Steven Wayne Wilson
A Sequatchie County Circuit Court jury convicted the defendant, Steven Wayne Wilson, of first degree felony murder,see T.C.A.§ 39-13-202(a)(2),and especially aggravated burglary, see id. § 39-14-404. Following the jury’s verdicts, the trial court modified the especially aggravated burglary conviction to aggravated burglary by operation of law, see id. § 39-14404(d), and imposed an effective sentence of life in prison with the possibility of parole, also by operation of law, see id. § 39-13-208(c). On appeal, the defendant contends that (1) the evidence is insufficient to support his convictions, (2) the trial court erroneously denied his motion to suppress, (3) the trial court erroneously admitted and excluded evidence during Agent Mark Wilson’s testimony,(4) the trial court erroneously admitted expert testimony via an unqualified witness,(5)the State failed to disclose exculpatory evidence,(6)the trial court erroneously instructed the jury regarding the elements of felony murder as charged in this case, (7) the trial court’s rulings and comments evinced judicial bias requiring recusal, (8) the trial court erroneously excluded as hearsay the statements of two witnesses, (9) the trial court erroneously admitted the autopsy report as an exhibit at trial, (10) the trial court erroneously admitted physical evidence without establishing a proper chain of custody, (11) the overall conduct of the trial deprived the defendant of his right to a fair trial under the Tennessee Constitution, and (12) the cumulative effect of the trial errors deprived the defendant of his right to a fair trial. Following an extensive review, we determine that the evidence is sufficient to support the convictions and that the trial court committed no reversible error. Accordingly, we affirm the judgments of the trial court. |
Sequatchie | Court of Criminal Appeals | |
Phedrek Davis v. State of Tennessee
The Petitioner, Phedrek Davis, appeals from the Davidson County Criminal Court’s summary dismissal of his petition for writ of error coram nobis. In this appeal as of right, the Petitioner contends that the coram nobis court erred by summarily dismissing his petition. Following our review, we affirm the judgment of the coram nobis court. |
Davidson | Court of Criminal Appeals | |
Tommy Lee Pendleton v. State of Tennessee
Petitioner, Tommy Lee Pendleton, pled guilty to two counts of aggravated sexual battery and received concurrent sentences of fourteen years. He filed a petition for post-conviction relief alleging that his trial counsel provided ineffective assistance of counsel by failing to file a bill of particulars, by failing to obtain an expert witness to review the statements of the child victim, and by failing to spend adequate time investigating the case and preparing for trial. He further contends that his guilty pleas were involuntary because trial counsel’s errors tainted the plea process. Finally, he claims that the trial court should not have accepted his plea in light of his hesitance during the guilty plea hearing. Discerning no error in the proceedings, we affirm the judgment of the post-conviction court. |
Franklin | Court of Criminal Appeals | |
Michael Jones v. State of Tennessee
The Petitioner, Michael Jones, appeals the Shelby County Criminal Court’s denial of post-conviction relief from his conviction for second degree murder and resulting thirty-year sentence. The Petitioner contends that he received the ineffective assistance of counsel and that his guilty plea was unknowing, involuntary, and unintelligent because he received the ineffective assistance of counsel. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Gabriel Demon Williams
The Defendant, Gabriel Demon Williams, pled guilty to aggravated burglary, and the trial court sentenced him to five years of split confinement, with eleven months and twenty-nine days to be served in jail followed by intensive probation. The Defendant’s probation officer filed a probation violation warrant that alleged that the Defendant had violated the terms of his probation by being arrested for aggravated assault and driving on a suspended license. After a hearing, the trial court revoked the Defendant’s probation and ordered the Defendant to serve the balance of his sentence in confinement. On appeal, the Defendant contends that the trial court improperly considered hearsay evidence during the revocation hearing and that its revocation order is contrary to the evidence. After reviewing the record, we affirm the trial court’s judgment. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Jerry Elliot
The Defendant, Jerry Elliot, was found guilty by a Henderson County Circuit Court jury of aggravated assault, a Class C felony. See T.C.A. § 39-13-102 (2010). He was sentenced as a Range II, multiple offender to ten years’ confinement. On appeal, he contends that the evidence is insufficient to support his conviction. We affirm the judgment of the trial court. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Tucson Biggs
A Shelby County jury convicted the Defendant, Tucson Biggs, of voluntary manslaughter. At the sentencing hearing, the State requested that the Defendant be sentenced as a Range II, multiple offender. The Defendant objected, claiming that the State did not comply with Tennessee Code Annotated section 40-35-202(a) by providing notice of its intent to seek an enhanced punishment. The trial court agreed with the Defendant and sentenced him to six years as a Range I offender. On appeal, the State contends that the Defendant was on notice that he would face an enhanced punishment because, before trial, the State filed a notice of intent to seek the death penalty and a notice of intent to impeach the Defendant’s testimony with his prior convictions, which satisfied the statutory requirements. After a thorough review of the record and relevant authorities, we agree that the State’s filings satisfied the purposes of the statutory notice requirement. As such, we reverse the judgment of the trial court and remand for a new sentencing hearing. |
Shelby | Court of Criminal Appeals | |
Terrence Gardner v. State of Tennessee
A Shelby County jury convicted the Petitioner, Terrence Gardner, of first degree felony murder, aggravated robbery, and aggravated assault, and he was sentenced to life plus four years in the Tennessee Department of Correction. This Court affirmed the Petitioner’s conviction on direct appeal. State v. Terrence Gardner, No. W2008-01089-CCA-R3-CD, 2009 WL 3172124 (Tenn. Crim. App., at Jackson, Oct. 5, 2009), perm. app. denied (Tenn. Mar. 15, 2010). In 2010, the Petitioner filed a petition for post-conviction relief, alleging that he had received the ineffective assistance of counsel. After a hearing, the postconviction court dismissed the petition. Finding no error, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Dana Hubbard
The Defendant, Dana Hubbard, pled guilty to theft of property valued over $1000, a Class D felony. See T.C.A. §§ 39-14-103, 39-14-105 (2010). He was sentenced as a Range I, standard offender to two years’ probation. On appeal, the Defendant contends that the trial court erred by denying his request for judicial diversion. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Darnell Hubbard v. State of Tennessee
A Shelby County jury convicted the Petitioner, Darnell Hubbard, of first degree murder, and he received a sentence of life without the possibility of parole. On appeal, this Court affirmed the Petitioner’s conviction. State v. Darnell Hubbard, No. W2007-02482-CCA-R3-CD, 2009 WL 2568200, at *1 (Tenn. Crim. App., at Jackson, Aug. 20, 2009), perm. app. denied (Tenn. Nov. 23, 2009). The Petitioner filed a petition for post-conviction relief, asserting several claims of ineffective assistance of counsel and a claim that the State failed to disclose exculpatory evidence to the defense. After a hearing on the petition, the post-conviction court denied the petition. On appeal, the Petitioner contends that the post-conviction court erred when it denied his petition. After a thorough review of the record and applicable law, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
Tamaine Works v. State of Tennessee
The Petitioner, Tamaine Works, appeals from the Shelby County Criminal Court’s denial of post-conviction relief from his conviction for first degree premeditated murder and resulting life sentence. On appeal, the Petitioner contends that he did not receive the effective assistance of counsel and that the assistant district attorney general committed prosecutorial misconduct at his trial. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Tracy Rose Baker v. State of Tennessee
The Appellant, Tracy Rose Baker, appeals the post-conviction court’s dismissal of her petition for post-conviction relief. The Appellant asserts that her guilty plea to criminal contempt charges is void due to constitutional infirmities stemming from the chancery court’s failure to conduct an in-court guilty plea acceptance hearing at the time of her guilty plea. Because we conclude that the Post-Conviction Procedure Act is not applicable to the Petitioner’s criminal contempt convictions, we affirm the post-conviction court’s dismissal of the Appellant’s petition. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. John Adrian Day
The defendant was indicted on numerous charges stemming from his involvement in a domestic dispute over goldfish that occurred on October 22, 2002. After a trial by jury in which the defendant was represented by counsel, the defendant was found guilty of domestic assault, a Class A misdemeanor, resisting arrest, a Class B misdemeanor, and assault, a Class B misdemeanor. He was sentenced to six months probation on each count, with these sentences to be served concurrently. After his conviction, the defendant dismissed his trial counsel, proceeded pro se, and filed pleadings in the trial court that were construed as a motion for new trial. The trial court dismissed the motion, and the defendant now raises numerous challenges to his convictions, including claims that we liberally construe as a challenges to the sufficiency of the convicting evidence, challenges to the trial court’s decisions concerning the admissibility and inadmissability of certain evidence, a challenge to the trial court’s failure to provide certain jury instructions, and claims that his due process and speedy trial rights were violated. After carefully reviewing the record and the arguments of the parties, we hold that the evidence presented at trial was sufficient to support the defendant’s convictions, and we hold that the majority of the defendant’s remaining claims have been waived. We also hold that the defendant’s due process rights were not violated by the trial court. Consequently, we affirm the judgments of the trial court. |
Roane | Court of Criminal Appeals |
