State of Tennessee v. Tadarius L. Clift
The Defendant, Tadarius L. Clift, appeals his convictions for first degree premeditated murder and three counts of reckless endangerment, for which he received an effective sentence of life imprisonment plus four years. On appeal, the Defendant challenges the sufficiency of the evidence supporting the convictions and the trial court’s decision to limit defense counsel’s cross-examination of a witness for the State. Upon reviewing the record, the parties’ briefs, and the applicable law, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. James R. Ciaramitaro
A Fayette County jury convicted the Defendant, James R. Ciaramitaro, of one count of rape of a child and two counts of aggravated sexual battery, and the trial court sentenced him to a total effective sentence of forty-four years. On appeal, the Defendant contends that the trial court erred when it admitted the victim’s forensic interview. The Defendant also contends that the evidence is insufficient to support his convictions and that the trial court erred when it sentenced him. After review, we affirm the trial court’s judgments. |
Fayette | Court of Criminal Appeals | |
State of Tennessee v. Eric Tyre Patton
The Appellant, Eric Tyre Patton, was convicted in the Rutherford County Circuit Court of conspiracy to sell 150 grams or more of heroin and 300 grams or more of cocaine with at least one overt act occurring within a drug-free school zone (DFSZ) and possession of 300 grams or more of cocaine with intent to sell or deliver within a DFSZ. On appeal, the Appellant contends that the evidence is insufficient to support the convictions; that the trial court erred by denying his motion to suppress evidence obtained from GPS tracking devices and wiretaps; that the trial court erred by not requiring the State to identify four confidential informants (CIs); that the trial court erred by admitting testimony about a prior bad act and by denying his motion for a mistrial; that the trial court improperly instructed the jury on witness credibility; that the State improperly withheld exculpatory information in violation of Brady v. Maryland, 373 U.S. 83 (1963); and that he is entitled to relief under cumulative error. Based upon the oral arguments, the record, and the parties’ briefs, we find no reversible error and affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
Emmanuel Deshawn Bowley v. State of Tennessee
The Petitioner, Emmanuel Deshawn Bowley, appeals from the Montgomery County Circuit Court’s denial of his petition for |
Montgomery | Court of Criminal Appeals | |
Corinio Pruitt v. State of Tennessee
Petitioner, Corinio Pruitt, was convicted in 2008 of first degree felony murder and was sentenced to death. After Petitioner’s conviction and sentence were affirmed by the Tennessee Supreme Court on direct appeal, Petitioner filed a post-conviction petition. After an extensive evidentiary hearing, the post-conviction court denied relief. In this appeal, Petitioner raises the following claims for relief: 1) the post-conviction judge erred by failing to recuse himself; 2) Petitioner is ineligible for the death penalty due to his intellectual disability, and trial counsel were ineffective in their handling of Petitioner’s intellectual disability claim at trial1; 3) trial counsel were ineffective for failing to investigate and present additional mitigating evidence regarding Petitioner’s traumatic social history, mental health, and cognitive impairments; 4) the prosecutors abused their discretion by seeking the death penalty in this case, operated under a conflict of interest, and committed misconduct by exercising peremptory strikes against African-American jurors and making inappropriate statements and arguments, and trial counsel were ineffective for failing to raise appropriate objections to these issues; 5) trial counsel rendered ineffective assistance during the course of voir dire, trial, closing argument, and jury instructions during the guilt phase; 6) the death penalty is unconstitutional and is a disproportionate sentence in this case; and 7) the cumulative effect of these errors rendered Petitioner’s trial fundamentally unfair. After a thorough examination of the briefs of the parties and amici curiae, the records of the post-conviction hearing and direct appeal, and the applicable law, this court affirms the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Cedric Evans v. State of Tennessee
Cedric Evans, Petitioner, sought post-conviction relief from his guilty-pleaded convictions for second degree murder and felon in possession of a firearm, claiming that he received ineffective assistance of counsel. Following a hearing, the post-conviction court dismissed the petition. Discerning no error, we affirm. |
Madison | Court of Criminal Appeals | |
Corey Dendy v. State of Tennessee
The Petitioner, Corey Dendy, filed a petition for post-conviction relief from his conviction of aggravated robbery, alleging that trial counsel was ineffective for failing to contact a witness prior to the Petitioner’s guilty plea and that the Petitioner’s guilty plea was not knowingly and voluntarily entered. The post-conviction court denied relief, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. David Ian Lemons
The Appellant, David Ian Lemons, was convicted in the Madison County Circuit Court of eleven drug and weapons offenses, ranging from a Class A misdemeanor to a Class B felony. After a sentencing hearing, he received an effective twenty-three-year sentence as a Range II, multiple offender. On appeal, the Appellant contends that his effective sentence is excessive because the trial court improperly applied an enhancement factor and improperly ordered consecutive sentencing. The State acknowledges that while the trial court may have partially misapplied an enhancement factor, the Appellant’s twenty-three-year sentence is not excessive. Based upon the oral arguments, the record, and the parties’ briefs, we agree with the State and affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Darick A. Hinerman
The Defendant, Darick A. Hinerman, was convicted by a Robertson County Circuit Court jury of first degree premeditated murder. See T.C.A. § 39-13-202 (2018) (subsequently amended). The trial court imposed a sentence of life imprisonment. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction, (2) the trial court erred by denying his motion to suppress evidence recovered during a warrantless search, and (3) the trial court erred during jury instructions. We affirm the judgment of the trial court. |
Robertson | Court of Criminal Appeals | |
Alejandro Avila-Salazar v. State of Tennessee
Petitioner, Alejandro Avila-Salazar, appeals the post-conviction court’s refusal to vacate his guilty plea to second-degree murder after the vacating his guilty plea to attempted aggravated rape based on trial counsel’s failure to inform Petitioner that he would be subject to mandatory lifetime community supervision for the attempted aggravated rape conviction. The State argues that the post-conviction court erred by vacating the attempted aggravated rape conviction. Following our review of the entire record and the briefs of the parties, we reverse the judgment of the post-conviction court and remand the case for reinstatement of the original judgment of conviction and sentence previously imposed for attempted aggravated rape. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Corey Taylor
Defendant, Corey Taylor, entered a guilty plea to aggravated assault and was sentenced to four years, suspended to supervised probation. Following a hearing on a warrant alleging a violation of probation based on new arrests and failure to report, the trial court found defendant in violation, revoked his probation, and ordered him to serve the remainder of his sentence in confinement. On appeal, Defendant argues that the trial court erred in declining to dismiss the probation violation warrant on speedy trial grounds. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Randy Oscar Blakeney v. State of Tennessee
The Petitioner, Randy Oscar Blakeney, pled guilty in the Knox County Criminal Court to first degree murder and especially aggravated robbery and received a sentence of life plus forty years in confinement. Subsequently, he filed a petition requesting DNA analysis of evidence pursuant to the Post-Conviction DNA Analysis Act of 2001. The post-conviction court summarily denied the petition, and the Petitioner appeals. Based upon our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Felipe Gonzalez-Martinez
The defendant, Felipe Gonzalez-Martinez, appeals his Jefferson County Circuit Court Jury convictions of rape of a child, arguing that the trial court erred by denying his motion to suppress his pretrial statement to the police, by admitting into evidence a video recording of the interview that produced his statement, by admitting into evidence handwritten notes exchanged by the defendant and the victim, and by imposing consecutive sentences. Discerning no error, we affirm. |
Jefferson | Court of Criminal Appeals | |
State of Tennessee v. Larry Donnell Higgins, Jr.
Aggrieved of his Madison County Circuit Court Jury convictions of simple possession of marijuana, possession with intent to deliver not less than one-half ounce of marijuana, possession of a firearm with intent to go armed during the commission of a dangerous felony, and possession of a firearm after having been convicted of a felony crime of violence, the defendant, Larry Donnell Higgins, Jr., appeals, challenging the sufficiency of the convicting evidence and the denial of his motion for a mistrial. Because the trial court abused its discretion by denying the motion for mistrial, we reverse the judgments of the trial court and remand the case for a new trial. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Larry Donnell Higgins, Jr. - Concur in Part/Dissent in Part
I agree with the majority’s conclusion that the evidence sufficiently supports the jury’s verdict. However, I respectfully dissent from the majority’s holding that the trial court abused its discretion by denying Defendant’s motion for a mistrial. As noted by the majority, the decision to enter a mistrial rests within the trial court’s discretion. State v. Bell, 512 S.W.3d 167, 187 (Tenn. 2015); State v. Reid, 91 S.W.3d 247, 279 (Tenn. 2002). “This court will not interfere with the trial court’s decision absent an abuse of discretion.” State v. Jones, 568 S.W.3d 101, 126 (Tenn. 2019) (quoting Bell, 512 S.W.3d at 187). A mistrial should only be declared if there is manifest necessity. State v. Saylor, 117 S.W.3d 239, 250 (Tenn. 2003). Manifest necessity arises “when a trial cannot continue, or a miscarriage of justice would result if it did.” State v. Land, 34 S.W.3d 516, 527 (Tenn. Crim. App. 2000). “The purpose for declaring a mistrial is to correct damage done to the judicial process when some event has occurred which precludes an impartial verdict.” State v. Williams, 929 S.W.2d 385, 388 (Tenn. Crim. App. 1996). The party seeking a mistrial has the burden of establishing its necessity. State v. Banks, 271 S.W.3d 90, 137 (Tenn. 2008). |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Jacady Dwight Terry
The Defendant, Jacady Dwight Terry, was convicted by a jury of violating the motor vehicle habitual offender (“MVHO”) law, for which he received a five-year sentence. On appeal, the Defendant argues that the trial court erred (1) by admitting the MVHO order into evidence because it was void; (2) by concluding that the MVHO violation was a strict liability offense and declining to give a mens rea instruction; and (3) by refusing to apply the “lesser penalty” provision of the criminal savings statute to the Defendant’s sentence.1 Following our review, we affirm. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. Patti Elizabeth Smith
The defendant, Patti Elizabeth Smith, appeals the denial of her Tennessee Rule of Criminal Procedure 35 motion to reduce the sentence imposed for her 2018 guilty-pleaded conviction of reckless endangerment. Because the defendant has served the entirety of her sentence and been released from custody, we dismiss the appeal as moot. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Demario Quintez Driver
A Cheatham County jury convicted the Defendant, Demario Quintez Driver, of rape and coercion of a witness, and the trial court sentenced him to sixteen years in the Tennessee Department of Correction. On appeal, the Defendant asserts that the evidence is insufficient to support his conviction for rape and that the State’s closing argument amounted to prosecutorial misconduct. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments. |
Cheatham | Court of Criminal Appeals | |
Billy James Matthews v. State of Tennessee
As the result of a guilty plea to rape and robbery entered over 18 years ago, Billy James Matthews, Petitioner, was sentenced to an effective sentence of ten years. See Billy James Matthews v. State, No. W2005-02939-CCA-R3-PC, 2006 WL 2843291 (Tenn. Crim. App. Oct. 5, 2006), perm. app. denied (Tenn. Jan. 22, 2007). After the denial of habeas corpus relief, see Billy James Matthews v. Warden Glenn Turner, No. W2004-01547-CCA-R3- HC, 2005 WL 957112, at *1 (Tenn. Crim. App. Apr. 26, 2005), and post-conviction relief, Billy James Matthews v. State, 2006 WL 2843291, at *1, Petitioner sought relief via the Post-Conviction DNA Analysis Act of 2001. The post-conviction court dismissed the petition without a hearing. Petitioner filed an untimely notice of appeal. Because the interests of justice do not mandate waiver of the timely filing of the notice of appeal, the appeal is dismissed. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Alain Benitez
Defendant, Alain Benitez, appeals his convictions for two counts of first degree felony murder and two counts of robbery, for which he received an effective sentence of two consecutive life sentences. Defendant contends that: (1) the evidence presented at trial is insufficient to support his convictions; (2) the trial court erred by admitting into evidence messages sent between Defendant and his girlfriend through Facebook Messenger; (3) the trial court erred in admitting “forensic evidence”; and (4) the trial court abused its discretion by imposing consecutive sentences. Upon review, we affirm Defendant’s convictions but reverse the imposition of consecutive sentencing and remand to the trial court for a new sentencing hearing. The new sentencing hearing is limited to consideration of the factors outlined in State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995), to determine the propriety of consecutive sentencing. |
Smith | Court of Criminal Appeals | |
State of Tennessee v. Robbie Gibson
A Campbell County jury convicted the Defendant, Robbie Gibson, of aggravated stalking, aggravated assault, and possession of a prohibited weapon. The trial court sentenced him to an effective sentence of thirteen years to be served in the Tennessee Department of Correction. On appeal, the Defendant contends that the evidence at trial was insufficient to support his conviction for possession of a prohibited weapon and that the trial court erred when it limited the length of his closing argument. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments. |
Campbell | Court of Criminal Appeals | |
Eric Todd Jackson v. State of Tennessee
The Petitioner, Eric Todd Jackson, appeals the denial of his petition for post-conviction relief and the denial of his Rule 36.1 motion to correct an illegal sentence, arguing that his guilty pleas to forgery and theft of property were unknowing and involuntary due to the ineffective assistance of counsel and that his sentence was illegal because he was innocent of the offenses. After review, we affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
Damonta M. Meneese v. State of Tennessee
The petitioner, Damonta M. Meneese, appeals the post-conviction court’s dismissal of his petition for post-conviction relief, arguing the post-conviction court erred in finding his petition untimely. Upon our review of the record, the applicable law, and the briefs of the parties, we affirm the dismissal. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Arthur M. Stewart
The defendant, Arthur M. Stewart, appeals the order of the trial court revoking his probation and ordering him to serve his original four-year sentence in confinement. Upon our review of the record and the parties’ briefs, we affirm the revocation of the defendant’s probation but reverse the trial court’s imposition of the original sentence and remand for the trial court to make findings concerning the consequence imposed for the revocation in accordance with State v. Craig Dagnan, --- S.W.3d ---, 2022 WL 627247 (Tenn. Mar. 4, 2022). |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Noah Cassidy Higgins
Defendant, Noah Cassidy Higgins, pled guilty as a Range I standard offender to vehicular homicide by recklessness with the sentence to be determined by the trial court. Following a sentencing hearing, the trial court denied judicial diversion and probation and sentenced Defendant to five years’ incarceration with a thirty percent release eligibility. Defendant appealed, arguing that the trial court: (1) improperly denied judicial diversion; (2) improperly denied probation; (3) considered facts outside the record; and (4) erred in applying and balancing certain enhancement and mitigating factors. Following our review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals |
