State of Tennessee v. Sidney S. Stanton, III
The Defendant, Sidney S. Stanton, III, appeals from the Warren County Circuit Court’s order denying the Defendant relief from the assistant district attorney general’s denial of pretrial diversion. After a hearing, the trial court affirmed the denial of diversion and found no abuse of prosecutorial discretion but granted the Defendant’s motion for this interlocutory appeal. The Defendant contends that the assistant district attorney general abused his discretion by denying the Defendant’s application for pretrial diversion and that the trial court erred in declining to grant certiorari, finding that there was no abuse of prosecutorial discretion. Following our review, we affirm the judgment of the trial court. |
Warren | Court of Criminal Appeals | |
RonAllen Hardy v. State of Tennessee
The petitioner, Ronallen Hardy, filed a petition for post-conviction relief from his four felony convictions and the accompanying effective sentence of life plus twenty-two years, alleging that his counsel were ineffective. The post-conviction court denied the petition, and the petitioner now appeals. Upon review, we affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Marcus Donnell Jones
The Defendant entered a negotiated best interest plea to three counts of theft over $1,000. In accordance with the plea agreement, the Defendant received an effective sentence of six years, to be served on probation, and the State dismissed other pending charges against him. The parties agreed to allow the trial court to determine whether the Defendant’s probationary status should be governed by the judicial diversion provisions of Tennessee Code Annotated section 40-35-313. After a hearing, the trial court denied the Defendant’s request for diversion. The Defendant now appeals that judgment. After a thorough review of the record and relevant authorities, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Randy Ray McFarlin a/k/a Mac Ray McFarlane
The defendant, Randy Ray McFarlin, also known as Mac Ray McFarlane, appeals as of right his Rutherford County Criminal Court jury convictions of one count of first degree premeditated murder, see T.C.A. §39-2402(a) (1981), and one count of second degree murder, see id. § 39-2403(a), for which he received a sentence of life imprisonment. On appeal, he contends that the trial court erred by denying his motion to dismiss the indictment, that the evidence is insufficient to support his convictions, and that the trial court erred by admitting (1) scenes from the movie Miller’s Crossing, (2) evidence of the defendant’s and victim’s participation in a 1982 robbery, (3) evidence of the defendant’s abusive treatment of his ex-wife, and (4) photographs of the victim’s partially decomposed body. Discerning no error, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
James Leon Parker v. David R. Sexton, Warden
Petitioner, James Leon Parker, appeals the Johnson County Criminal Court’s denial of habeas corpus relief. Because we determine that Petitioner has failed to establish that his judgments were void or his sentences were expired, we affirm the denial of relief. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Tom Perry Bell
A Hamilton County Grand Jury returned an indictment against Defendant, Tom Perry Bell, for burglary, misdemeanor theft, possession of burglary tools, and vandalism valued at more than $10,000. Defendant subsequently pled guilty to burglary, a Class D felony. The trial court sentenced Defendant as a Range II, multiple offender, to eight years in the Department of Correction. On appeal, Defendant argues that his sentence is excessive because the trial court did not properly apply enhancement and mitigating factors. After a thorough review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Gary Joseph Latham v. State of Tennessee
Petitioner, Gary Joseph Latham, appeals from the post-conviction court’s dismissal of his petition for post-conviction relief following an evidentiary hearing. Petitioner asserts in this Court that he received ineffective assistance of counsel at the trial which resulted in his conviction for aggravated child abuse. He also argues that he is entitled to post-conviction relief because “the introduction of perjured testimony [at trial] invalidate[s] the conviction.” Finding no error, we affirm the judgment of the post-conviction court. |
Cumberland | Court of Criminal Appeals | |
Randy Flippo v. State of Tennessee
Randy Flippo (“the Petitioner”) filed for post-conviction relief, alleging (1) that he was denied effective assistance of counsel in conjunction with his guilty plea to theft of property between five hundred and one thousand dollars; and (2) that his plea was not voluntarily made. After an evidentiary hearing, the post-conviction court denied relief, and the Petitioner has appealed solely as to the ineffective assistance of counsel claim. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Moore | Court of Criminal Appeals | |
Michael V. Morris v. State of Tennessee
The petitioner, Michael V. Morris, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his conviction for aggravated robbery and resulting thirty-year sentence. On appeal, the petitioner contends that he received the ineffective assistance of counsel at trial and on appeal. Specifically, the petitioner contends that trial counsel failed to object to the trial court’s sentencing him in violation of ex post facto protections; that appellate counsel failed to address the lack of a written waiver of ex post facto protections;and that trial counsel failed to review discovery,namely a surveillance video of the robbery, with him. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Demeturus Alexander
The defendant, Demeturus Alexander, was convicted of aggravated robbery, a Class B felony, by a Shelby County Criminal Court jury and sentenced to ten years in the Department of Correction. On appeal, he challenges the sufficiency of the convicting evidence. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Sheddrick Harris
The defendant, Sheddrick Harris, appeals his Shelby County Criminal Court jury convictions of first degree felony murder, see T.C.A. § 39-13-202(a)(2) (2006), and especially aggravated robbery, see id. § 39-13-403. At the penalty phase of the trial, the jury found two enhancement factors beyond a reasonable doubt: “[t]he defendant was previously convicted of one (1) or more felonies, other than the present charge, whose statutory elements involve the use of violence to the person,” see id. § 39-13-204(i)(2); and “[t]he murder was knowingly committed, solicited, directed, or aided by the defendant, while the defendant had a substantial role in committing or attempting to commit, any . . . robbery,” see id. § 39-13-204(i)(7), and it unanimously imposed a sentence of life imprisonment without the possibility of parole, see id. § 39-13-204(f)(2). At a separate sentencing hearing concerning the especially aggravated robbery conviction, the trial court sentenced the defendant to 60 years’ incarceration as a career offender to be served consecutively to the life without parole sentence. In addition to challenging the sufficiency of the evidence to support his conviction of first degree felony murder, the defendant contends that the trial court erred by (1) imposing increased security procedures during trial, (2) denying his motion for mistrial, (3) limiting his cross-examination of a witness, and (4) excluding residual doubt evidence from the penalty phase of the trial. Discerning no paucity of evidence and no error, the judgments of the criminal court are affirmed. |
Shelby | Court of Criminal Appeals | |
Sheila Marie Lott vs. State of Tennessee
Sheila Marie Lott (“the Petitioner”) filed for post-conviction relief alleging (1) that she received ineffective assistance of counsel in conjunction with her open plea and effective sentence of eighteen years and six months to one count of theft over $1000, eight counts of criminal simulation, and one count of fraudulent use of a credit card; and (2) that her plea was not voluntarily made. After an evidentiary hearing, the post-conviction court denied relief, and the Petitioner has appealed. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. J'Menski Holt
A Madison County Circuit Court Jury convicted the appellant, J’Menski C. Holt, of aggravated robbery, and the trial court sentenced him to twelve years in the Tennessee Department of Correction. On appeal, the appellant contends that the evidence is insufficient to support his conviction and that his sentence is excessive. Upon review, we affirm the |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Jereme Dannuel Little
A Hamilton County grand jury charged the defendant, Jereme Dannuel Little, in case number 253372, with two counts of aggravated robbery, see T.C.A. § 39-13-402 (2006), and, in case number 253374, with one count of especially aggravated kidnapping, see id. § 39-13-305. At the close of proof at trial, the trial court granted the defendant’s motion for judgments of |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Jereme Dannuel Little -Disenting Opinion
Based on the cumulative effect of the errors committed in this case, I would reverse the Defendant-Appellant’s convictions and remand for a new trial. Accordingly, for the reasons outlined below, I respectfully dissent. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Sherri A. Elliott
The defendant, Sherri A. Elliott, appeals the trial court’s revocation of her probation. On appeal, she argues that the trial court abused its discretion in ordering her to serve eight months of split confinement. After review, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
Tom Perry Bell v. State of Tennessee
The Petitioner, Tom Perry Bell, appeals the Hamilton County Criminal Court’s summary dismissal of his petition for post-conviction relief from his 1979 convictions for two counts of second degree criminal sexual conduct and petition for post-conviction relief from his 1984 conviction for attempt to commit a felony. The trial court summarily dismissed both petitions as untimely. The Petitioner contends that the trial court erred by dismissing his petitions without an evidentiary hearing and the appointment of counsel. The Petitioner also contends that the original trial court erred by failing to advise him of his constitutional right against self-incrimination. We affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Dontayvis Brown
The defendant, Dontayvis Brown, was convicted by a Shelby County jury of one count of aggravated robbery and two counts of aggravated assault and was sentenced by the trial court to concurrent terms of ten years for each conviction. He raises the following three issues on appeal: (1) whether the evidence was sufficient to sustain his convictions; (2) whether the trial court erred in ruling that the State could impeach his testimony with his prior conviction for facilitation of aggravated robbery; and (3) whether the trial court erred in refusing to charge certain lesser-included offenses. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Walter Thomas Godsey Jr.
The defendant, Walter Thomas Godsey, Jr., was convicted by a Chester County Circuit Court jury of driving on a cancelled, suspended, or revoked license, a Class B misdemeanor, and sentenced to six months in the county jail. On appeal, he challenges the sufficiency of the convicting evidence and the sentence imposed by the trial court. After review, we affirm the judgment of the trial court. |
Chester | Court of Criminal Appeals | |
State of Tennessee v. Albert W. Bentley
A Davidson County jury convicted Defendant-Appellant, Albert W. Bentley, of aggravated robbery, a Class B felony. He was sentenced as a Range I, standard offender to a ten-year term of imprisonment in the Department of Correction. In this appeal, Bentley presents the following issues for our review: (1) whether the trial court erred in denying his motion to suppress the photographic lineup in which the victim identified Bentley as impermissibly suggestive; (2) whether the evidence, primarily the victim’s in court identification of Bentley, was sufficient to support his conviction. Upon review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Albert W. Bentley - Concurring
I concur in the results reached in the majority opinion. My concern is with the summary disposition of the Defendant’s due process claim of an impermissibly suggestive photographic lineup. The majority opinion relies on State v. Butler, 795 S.W.2d 680, 686 (Tenn. Crim. App. 1990), to conclude that the analysis provided in Neil v. Biggers, 409 U.S. 188 (1972), need not be used if the identification process was not “unduly suggestive.” “Unduly suggestive” is not a term used in Biggers, which focused on suggestive and unnecessarily suggestive identification procedures. Biggers, 409 U.S. at 198-200. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Justin Gibson
Defendant-Appellant, Justin Gibson, pled guilty to driving under the influence with a blood alcohol level of .08 percent or more, a Class A misdemeanor. He agreed to a sentence of eleven months and twenty-nine days, all of which was suspended after seven days’ incarceration. Gibson entered a conditional plea agreement and attempted to reserve a certified question of law under Tennessee Rule of Criminal Procedure 37. The certified question of law addressed whether the search of Gibson’s home violated his constitutional rights and whether evidence obtained as a result should be suppressed. On appeal, he argues that the warrantless search was not justified by either consent or exigent circumstances. We conclude that we are without jurisdiction to consider the appeal because the order stating the certified question was not filed until after Gibson filed his notice of appeal. The appeal, therefore, is dismissed. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Patsy Lynn McCoy
The Defendant-Appellant, Patsy Lynn McCoy, appeals the DeKalb County Criminal Court’s revocation of her probation in two cases. She originally pled guilty to aggravated burglary, burglary, and theft under $500. She received an effective seven-year sentence, all of which was suspended to probation after sixty days’ incarceration. On appeal, McCoy argues that (1)Tennessee’s statutory scheme allowing incarceration after a revocation of probation based on judicial fact-finding by a preponderance of the evidence is unconstitutional, and (2) the trial court erred in revoking her probation and ordering her to serve the sentences in confinement. Upon review, we affirm the judgment of the trial court. |
DeKalb | Court of Criminal Appeals | |
State of Tennessee v. Ryan Love
A Washington County jury convicted the Defendant-Appellant, Ryan Love, of reckless aggravated assault, a Class D felony. He received a suspended sentence of two years. The sole issue presented for our review is whether the evidence was sufficient to prove the element of serious bodily injury. Upon review, we affirm the judgment of the trial court. |
Washington | Court of Criminal Appeals | |
State of Tennessee v. Cedric Lamar Moses
On appeal, the appellant challenges the trial court’s order denying his motion to reinstate probation. Upon review, we conclude that the appellant does not have a Rule 3, Tennessee Rules of Appellate Procedure, appeal as of right from the order. Therefore, the appeal is dismissed. |
Dyer | Court of Criminal Appeals |
