Frederick A. Miller v. State of Tennessee
A Hamilton County Criminal Court Jury convicted the Petitioner, Frederick A. Miller, of first degree murder, attempted first degree murder, and especially aggravated robbery, for which he received an effective sentence of life plus sixty years. Thereafter, the Petitioner filed for post-conviction relief, alleging his trial and appellate counsel were ineffective by failing to object to the “show-up” identification procedure, failing to preserve and pursue the Petitioner’s speedy trial motion, and failing to properly cross-examine and impeach the State’s witnesses. Further, the Petitioner alleged that the State denied the Petitioner’s due process rights by failing to disclose the results of fingerprint analysis and gunshot residue tests. After a hearing, the post-conviction court denied the petition, and the Petitioner now appeals. Upon review, we affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
Ricky Johnson, aka Russell Wellington, #122766 v. Howard Carlton, Warden & State of Tennessee
The Petitioner, Ricky Johnson, aka Russell Wellington, #122766, appeals the summary dismissal of his second petition for habeas corpus relief from his 1989 convictions for burglary of an automobile and grand larceny. He claimed that his convictions were void because venue in the convicting county was not proved. Because the Petitioner has not shown that he is restrained of his liberty as a direct consequence of these convictions, we affirm the order of the Johnson County Circuit Court dismissing the petition. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Carlton Horton, aka Carlton Leavon Horton
The Defendant, Carlton Horton, aka Carlton Leavon Horton, pleaded guilty in the Hamilton County Criminal Court to domestic aggravated assault as a Range I, standard offender. After a sentencing hearing, he received a five-year sentence. The trial court ordered him to serve eleven months and twenty-nine days; the sentence thereafter to be suspended, and the Defendant placed on probation for a period of eight years. The trial court also ordered the Defendant to pay $4,048.10 in restitution to the victim. The Defendant now appeals the restitution award, arguing that the trial court did not consider the Defendant’s financial resources or ability to pay as required by statute. We conclude that the trial court made inadequate findings concerning the Defendant’s financial resources and his future ability to pay. We therefore reverse and remand for reconsideration of the restitution award based upon the required findings. |
Hamilton | Court of Criminal Appeals | |
Thomas J. Tucker v. State of Tennessee
A Marshall County jury found the Petitioner, Thomas J. Tucker, guilty of facilitation of aggravated robbery and facilitation of aggravated burglary, and the trial court sentenced him to an effective sentence of thirteen years in the Tennessee Department of Correction. The Petitioner filed a petition for post-conviction relief, which the post-conviction court denied after a hearing. On appeal, the Petitioner contends that the post-conviction court erred when it dismissed his petition because he received the ineffective assistance of counsel. After a thorough review of the record and applicable law, we affirm the post-conviction court’s judgment. |
Marshall | Court of Criminal Appeals | |
Willie Bob King v. State of Tennessee
This matter is before the Court on the State’s motion to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The Petitioner, Willie Bob King, filed a petition for post-conviction relief, which the post-conviction court denied, and this Court affirmed on appeal. Thereafter, the Petitioner did not file for permission to appeal to the supreme court. After the period in which to file such an application expired, the Petitioner filed a second petition for post-conviction relief, seeking a delayed appeal to the supreme court. The post-conviction court denied this petition without a hearing and refused the Petitioner’s request to reconsider its decision. The Petitioner appeals the post-conviction court’s dismissal of his second petition for post-conviction relief. Upon our review of the record in this case, we conclude that the Petitioner is not entitled to a delayed appeal and that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, the State’s motion is granted and the judgment of the post-conviction court is affirmed. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Geoffrey Alexander
The Defendant-Appellant, Geoffrey Alexander, appeals the revocation of his probation. In this appeal, Alexander argues that (1) the trial court erred by revoking his probation and (2) the trial court should have granted his request for a continuance. Upon review, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
Eric D. Wallace v. Stephen Dotson, Warden
The Petitioner, Eric D. Wallace, was convicted by a Shelby County Criminal Court jury of felony murder and attempted first degree murder. He was sentenced to life imprisonment for the felony murder conviction and to a consecutive fifteen-year sentence as a Range I, standard offender for the attempted first degree murder conviction, for an effective sentence of life plus fifteen years. He subsequently filed a pro se petition for writ of habeas corpus in the Hardeman County Circuit Court, which was summarily dismissed. On appeal, the Petitioner argues that he is entitled to habeas corpus relief because (1) he asserts that he is “actually innocent” of the charges, (2) his indictments are defective, and (3) the trial court improperly instructed the jury on flight. Upon review, we affirm the judgment summarily dismissing the petition for writ of habeas corpus. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Kelly Walker
The defendant, Kelly Walker, was convicted by a Shelby County Criminal Court jury of facilitation of first degree premeditated murder, a Class A felony, and aggravated assault, a Class C felony. He was sentenced as a Range I offender to twenty-five years and six years, respectively, to be served consecutively in the Tennessee Department of Correction. On appeal, he argues that the trial court erred in denying his motion to suppress his statements and challenges the sufficiency of the evidence and the sentences imposed by the trial court. After review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
James Dubose v. Jim Worthington, Warden
The Petitioner, James DuBose, appeals the Morgan County Circuit Court’s dismissal of his petition for habeas corpus relief from his 1993 conviction for first degree murder by aggravated child abuse. He claims his judgment of conviction is void because the indictment was invalid and charged him with violating a statute that did not exist at the time of his offense. We affirm the judgment of the trial court. |
Macon | Court of Criminal Appeals | |
State of Tennessee v. John Richard Sprouse
The defendant, John Richard Sprouse, appeals the Sevier County Circuit Court’s revocation of his probation. On appeal, he contends that the trial court erred by ordering him to serve his six-year sentence in incarceration. Discerning no error, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Jennifer Renee Dennis
The appellant, Jennifer Renee Dennis, admitted in the Bedford County Circuit Court that she violated probation sentences she was serving for two felony theft convictions, and the trial court ordered her to serve her original twelve- and three-year sentences in the Tennessee Department of Correction. On appeal, the appellant contends that the trial court erred by ordering her to serve her sentences in confinement and that the trial court should have reinstated her probation. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Felix Tamayo
The Defendant, Felix Tamayo, pled guilty to five counts of aggravated robbery, a Class B felony, with the sentence to be determined by the trial court. The trial court imposed consecutive sentences of 12 years as a Range I, standard offender for each count, for a total effective sentence of 60 years. In this appeal as of right, the Defendant contends that the trial court erred in setting the length of his sentences and in ordering consecutive sentencing. Following our review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. John D. Barnhart
Appellant, John D. Barnhart, was indicted by the Robertson County Grand Jury for aggravated assault and violation of the Sexual Offender Registration Act. Appellant pled guilty. In conjunction with the guilty plea, Appellant received a two-year sentence as a Range II, multiple offender for the conviction for violation of the Sexual Offender Registration Act and a six-year sentence for the aggravated assault conviction. The manner of service of the sentence was left to the trial court. After a sentencing hearing, the trial court sentenced Appellant to serve his sentence in incarceration and ordered the sentences to run consecutively. On appeal, Appellant contends that the trial court erred in denying an alternative sentence and in ordering the sentences to run consecutively. We affirm the judgments of the trial court. |
Robertson | Court of Criminal Appeals | |
Gerardo Gomez v. State of Tennessee
The Petitioner, Gerardo Gomez, appeals as of right from the Knox County Criminal Court’s summary denial of his petition for post-conviction relief. In 1997, the Petitioner pled guilty to possession with intent to sell not less than 10 pounds nor more than 70 pounds of marijuana, a Class D felony, and received a sentence of 24 months, suspended to probation. As a result of his conviction, the Petitioner, who had been granted legal permanent residency status in 1990, was removed from the United States. The Petitioner then illegally re-entered the United States and was arrested. The Petitioner filed a petition for post-conviction relief, alleging that his trial counsel was ineffective for failing to advise him of the deportation consequences of pleading guilty. The post-conviction court summarily dismissed the petition, concluding that the petition was untimely. On appeal, the Petitioner contends that his claim is based on a constitutional right that did not exist at the time he pled guilty and that he is entitled to post-conviction relief from this court. Following our review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Gary Thomas Reed
Following a jury trial, the Defendant, Gary Thomas Reed, was convicted of initiating the process of manufacturing methamphetamine, a Class B felony. The Defendant was sentenced as a Range II, multiple offender to 16 years in the Tennessee Department of Correction. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his conviction; (2) that the trial court erred in permitting expert testimony; (3) that the trial court erred in permitting lay opinion testimony; (4) that the trial court erred in permitting testimony from a witness who had not been disclosed to defense counsel; (5) that the trial court erred by failing to permit testimony from a potential defense witness; (6) that the trial court erred in denying the motion for new trial; and (7) that the trial court erred in sentencing the Defendant. Following our review, we affirm the conviction and sentence but remand the case for the entry of a corrected judgment consistent with this opinion. |
Cumberland | Court of Criminal Appeals | |
James Johnson, Jr. v. State of Tennessee
Petitioner, James Johnson, Jr., was convicted by a Shelby County Jury for one count of second degree murder, and the trial court sentenced Petitioner to twenty-three years. State v. James Johnson, No. W2003-02009-CCA-R3-CD, 2004 WL 2378256, at *1 (Tenn. Crim. App., at Jackson, Oct. 20, 2004), perm. app. denied, (Tenn. Mar. 21, 2005). On appeal, this Court modified Petitioner’s sentence to twenty-one years based upon the fact that the trial court had misapplied certain enhancement factors during sentencing. Id. at *14. On March 27, 2006, Petitioner subsequently filed a petition for post-conviction relief arguing that he received ineffective assistance of counsel. Following a hearing on the petition, the post-conviction court denied the petition. Petitioner appeals this decision. After a thorough review of the record, we conclude that Petitioner has not shown that trial counsel’s representation was ineffective. Therefore, we affirm the denial of the petition for post-conviction relief. |
Shelby | Court of Criminal Appeals | |
Kevin McFerren v. State of Tennessee
The Petitioner, Kevin McFerren, appeals the Criminal Court of Shelby County’s dismissal of his pro se petition for post-conviction relief and petition for writ of habeas corpus. The State has filed a motion requesting that this Court affirm the trial court’s dismissal 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. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Wayne C. Burkhart, Jr.
A Claiborne County Criminal Court jury convicted the defendant, Wayne C. Burkhart, Jr., of three counts of aggravated child abuse, 11 counts of rape, and 11 counts of incest, and the trial court imposed a total effective sentence of 50 years’ incarceration. In this appeal, the defendant challenges the sufficiency of the convicting evidence, the trial court’s denial of his motion for a mistrial, and the propriety of consecutive sentencing. Discerning no error, we affirm the judgments of the trial court. |
Claiborne | Court of Criminal Appeals | |
State of Tennessee v. Bobby Jackson
A Shelby County jury convicted the defendant, Bobby Jackson, of first degree murder in the perpetration of a robbery and especially aggravated robbery, a Class A felony. The trial court sentenced him to life imprisonment for the first degree murder conviction and to twenty years for the especially aggravated robbery conviction, to be served concurrently in the Tennessee Department of Correction. On appeal, the defendant argues that the evidence was insufficient to sustain his convictions, that the trial court erred by admitting into evidence the videotaped preliminary hearing testimony of an allegedly unavailable witness, that the trial court erred by allowing the jury to view the videotaped testimony in the jury room during deliberations, and that the trial court erred by admitting into evidence a letter purportedly written by the defendant. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Justin Mathis v. State of Tennessee
A jury convicted the petitioner, Justin Mathis, of first degree murder. The trial court sentenced him to life imprisonment. On direct appeal, this court upheld the petitioner’s conviction and sentence. The petitioner filed a petition for post-conviction alleging ineffective assistance of counsel. The post-conviction court denied relief, and the petitioner now appeals. Following a review of the parties’ briefs, the record, and applicable law, we affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
Ashad R. A. Muhammad Ali v. State of Tennessee
This matter is before the Court upon the State’s motion to affirm the judgment of the habeas corpus court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Petitioner has appealed the habeas corpus court’s order summarily dismissing the petition for writ of habeas corpus. Upon a review of the record in this case, we are persuaded that the habeas corpus court was correct in summarily dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, the State’s motion is granted and the judgment of the habeas corpus court is affirmed. |
Lincoln | Court of Criminal Appeals | |
State of Tennessee v. Marcus D. Bell
The defendant, Marcus D. Bell, was convicted by a Montgomery County Circuit Court jury of two counts of possession of a firearm by a person previously convicted of a felony drug offense, a Class E felony, and was sentenced to concurrent terms of four years as a Range II offender, to be served consecutively to the defendant’s prior sentences in the Department of Correction. On appeal, he argues that the evidence was insufficient to sustain his convictions. After review, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Erika Y. Johnson
The Defendant, Erika Y. Johnson, appeals as of right from the Williamson County Circuit Court’s revocation of her probation and order that she serve the remainder of her sentence in confinement. The Defendant contends that the trial court erred by ordering her to serve the remainder of her sentence in confinement. Following our review, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Jeffery Lance Cochran
Appellant, Jeffrey Lance Cochran, pled guilty to violations of the Motor Vehicle Habitual Offender Act, implied consent law, and driving under the influence, fourth offense. The sentences were ordered to run concurrently to each other; Appellant was sentenced to an effective sentence of one year and six months. He was ordered to serve a mandatory minimum sentence of 150 days and the remainder of the sentence on probation. On the same day, Appellant also pled guilty to failure to appear. He was sentenced to one year and six months for this conviction, to be served consecutively to the effective sentence for the other convictions. Subsequently, Appellant was charged with violating the terms of his probation. Following a hearing, Appellant’s probation was revoked. The trial court ordered Appellant to serve the remainder of his sentence in confinement. Appellant appeals this decision. Because we determine that the trial court properly revoked Appellant’s probation, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
William Paul Bogus v. Jim Morrow, Warden and State of Tennessee
Petitioner, William Paul Bogus, was convicted of first degree felony murder. See State v. William Paul Bogus, No. 02C01-9506-CC-00169, 1998 WL 22031, at *1 (Tenn. Crim. App., at Jackson, Jan. 22, 1998), perm. app. denied, (Tenn. Nov. 2, 1998). Petitioner later alleged in a petition for habeas corpus relief that his conviction was void because he was not convicted of the underlying felony and because the indictment was defective. The lower court dismissed the petition without a hearing. Petitioner appeals. Because nothing on the face of the judgment shows that Petitioner’s life sentence has expired or that the conviction is void, we affirm the dismissal of the petition for habeas corpus relief. |
Bledsoe | Court of Criminal Appeals |
