Antonius Harris v. State of Tennessee
Petitioner, Antonius Harris, appeals the dismissal of his petition for post-conviction relief which alleged that his trial counsel rendered ineffective assistance of counsel. Specifically, Petitioner contends that trial counsel’s assistance was ineffective for failure to call certain witnesses at trial. Petitioner also contends that the trial court erred in failing to instruct the jury on self-defense as an affirmative defense and in imposing consecutive sentencing. After a thorough review of the record, we conclude that Petitioner has failed to show any deficiencies in his counsel’s assistance or prejudice for failing to call Petitioner’s suggested witnesses. Petitioner’s challenges to the trial court’s jury instructions and the imposition of consecutive sentencing were raised in Petitioner’s direct appeal and thus have been previously determined. Accordingly, we affirm the judgment of the post-conviction court. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Ernest Banks
Defendant, Earnest Banks, pled guilty to burglarizing a motor vehicle. The trial court held a separate sentencing hearing. At the conclusion of the hearing, the trial court sentenced Defendant to three years as a Range II, multiple offender, to be served consecutively to a previous conviction. The trial court also denied Defendant’s request for alternative sentencing. Defendant appeals on the grounds that the trial court erred in setting his sentence above the minimum and in denying his request for probation. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Roshad Romanic Siler - Concurring and Dissenting
I concur with the majority’s opinion regarding the evidentiary issue. I dissent from the majority’s opinion insofar as it finds insufficient evidence to support the convictions. |
Roane | Court of Criminal Appeals | |
State of Tennessee v. Roshad Romanic Siler
Following a jury trial, the appellant, Roshad Romanic Siler, was convicted of three counts of the sale of a counterfeit controlled substance, a Class E felony. The trial court sentenced the appellant as a Range I, standard offender to concurrent sentences of one year for each conviction, but suspended the sentences and placed the appellant on community corrections. The appellant challenges the sufficiency of the evidence and an evidentiary ruling made by the trial court on appeal. Because we determine that the evidence was insufficient to support the appellant’s convictions, we reverse and dismiss. |
Roane | Court of Criminal Appeals | |
State of Tennessee v. Marques Douglas
The defendant, Marques1 Douglas, was convicted of two counts of aggravated robbery. On appeal, the defendant asserts that the evidence was insufficient to support the guilty verdicts. After review, we affirm the judgments of conviction. |
Shelby | Court of Criminal Appeals | |
Carlos Angel v. State of Tennessee
The petitioner, Carlos Angel, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he received the effective assistance of trial counsel. Following our review, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Eric Michael Goldman aka Eric Forrest
The appellant, Eric Michael Goldman aka Eric Forrest, was convicted of driving after being declared a habitual motor vehicle offender (Class E felony) and sentenced to four years in the Department of Correction as a multiple offender. He was also found guilty of driving on a revoked license, tenth offense (Class A misdemeanor), which was merged with the conviction for driving as a habitual motor vehicle offender. On appeal, he contends that: (1) the evidence was insufficient to sustain a conviction for the offense of driving after being declared a habitual motor vehicle offender; and (2) the sentence imposed by the trial court is excessive and contrary to the law. After careful review, we conclude that no reversible error exists and affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
James Brian Stevens v. State of Tennessee
The pro se petitioner, James Brian Stevens, appeals the summary dismissal of his petition for postconviction relief, arguing that the statute of limitations should have been tolled during the time that he spent on probation. Following our review, we affirm the dismissal of the petition as time-barred. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. John Anthony Gust
Following a jury trial, the defendant, John Anthony Gust, was convicted of forgery over $1000, a Class D felony, and theft up to $500, a Class A misdemeanor. He was sentenced as a Range I, standard offender to two years for the felony conviction and eleven months, twenty-nine days for the misdemeanor conviction, with the sentences to be served concurrently. On appeal, he argues that the evidence is insufficient to support his convictions. Based upon our review, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Issac Scott
The Defendant, Issac Scott, was convicted of first degree murder and received a life sentence. On appeal, the Defendant contends that the evidence presented at trial was insufficient to support his conviction. Finding no reversible error, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Tayuana D. Taylor
The Defendant, Tayuana D. Taylor, appeals the trial court’s re-sentencing decision upon the revocation of her community corrections sentence. The Defendant claims that the trial court erred in sentencing her to the maximum allowable sentence and for not giving her credit for time already served. We conclude the trial court did not err in re-sentencing the Defendant and credit was given for time already served. Accordingly, we affirm the trial court’s judgment. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. James Otis Butler
The appellant, James Otis Butler, pled guilty to one count of delivery of over .5 grams of cocaine. As a result, the trial court imposed an eight-year sentence, but ordered the appellant to serve the sentence on probation. Subsequently, several probation violation warrants were issued against the appellant. The trial court held a hearing, at which the appellant was not represented by counsel, and revoked the appellant’s probation. The trial court later rescinded that order and held a second hearing after appointment of counsel. After the second hearing, the trial court again revoked the appellant’s probation and ordered him to serve the remainder of his sentence in incarceration. The appellant argues on appeal that the trial court violated his due process rights by failing to issue written findings of fact, failing to allow counsel to argue on his behalf at the probation revocation hearing, and failing to consider the appellant’s drug and alcohol treatment. We affirm the judgment of the trial court. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Stephen Lee Noe
The Appellant, Stephen Lee Noe, proceeding pro se, appeals the sentencing decision of the Shelby County Criminal Court. Noe pled guilty to one count of statutory rape and, following a sentencing hearing, was placed on a two-year period of probation. On appeal, Noe argues that the trial court erred by not granting judicial diversion. After review, the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Tavarski Childress
Following a jury trial, Defendant, Tavarski Childress, was convicted of first degree felony murder, reckless homicide, and especially aggravated robbery. The trial court merged Defendant’s conviction of reckless homicide with his felony murder conviction, and Defendant was sentenced to life with the possibility of parole for his felony murder conviction. Following a sentencing hearing, the trial court sentenced Defendant to twenty-two years for his especially aggravated robbery conviction, and ordered that this sentence be served consecutively to his life sentence. After filing a petition for post-conviction relief, Defendant was granted a delayed appeal. In his appeal, Defendant argues as plain error that the admission of his co-defendant’s statements to the police during the State’s re-direct examination of Sergeant Shemwell violated his constitutional right of confrontation. Defendant also argues that the trial court erred in imposing consecutive sentencing. After a thorough review of the record, we affirm Defendant’s convictions of first degree felony murder and especially aggravated kidnapping. We affirm the trial court’s judgment as to the length of Defendant’s sentences, but remand for a new sentencing hearing to reconsider whether consecutive sentencing is appropriate. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marcellus Hurt
The Appellant, Marcellus Hurt, was convicted by a Madison County jury of three counts of misdemeanor theft, two counts of burglary of a vehicle, one count of felony vandalism over $500, one count of possession of burglary tools, and one count of misdemeanor evading arrest. As a result of these convictions, Hurt received an effective sentence of six years, eleven months, and twenty nine days in confinement. On appeal, Hurt raises two issues for our review: (1) whether the vidence is sufficient to support his convictions for burglary of a vehicle and possession of burglary tools; and (2) whether his sentence is excessive. Following review of the record, we affirm the convictions and sentences as imposed. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Russell House
The defendant, Russell House, was convicted by a Sumner County Criminal Court jury of aggravated perjury, a Class D felony, for lying about his criminal history during his testimony at his probation revocation hearing. The trial court subsequently sentenced him as a Range I, standard offender to two years, with six months to be served in the county jail and the balance of the time on supervised probation. In a timely appeal to this court, the defendant argues that the trial court erred in overruling his motion in limine to exclude the testimony of the probation revocation hearing judge and that the evidence was insufficient to sustain his conviction. Based on our review, we affirm the judgment of the trial court. |
Sumner | Court of Criminal Appeals | |
Johnny McGowan v. State of Tennessee - Concurring
I join in the result, but write separately for the following reasons. |
Davidson | Court of Criminal Appeals | |
Johnny McGowan v. State of Tennessee
The petitioner, Johnny McGowan, appeals the habeas corpus court’s orders dismissing his petitions for writs of habeas corpus and error coram nobis. Following our review, we affirm the orders of dismissal. |
Davidson | Court of Criminal Appeals | |
Corey Adams Kennerly 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. The Petitioner has appealed the habeas corpus court’s order 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 dismissing the habeas corpus petition and that this case meets the criteria for affirmance |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Wayne Shelton
The Appellant, Wayne Shelton, Jr., appeals the sentencing decision of the Bedford County Circuit Court. Pursuant to a plea agreement, Shelton pled guilty to aggravated assault and attempted arson and received an effective six-year sentence, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court ordered that the sentence be served in confinement. On appeal, Shelton argues that the court erred in denying him an alternative sentence, specifically community corrections. After review, we affirm. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Mitchell Lee Blankenship
The defendant, Mitchell Lee Blankenship, was convicted of aggravated assault with a deadly weapon, a Class C felony, and sentenced as a Range I, standard offender to five years, with one year to serve in confinement. On appeal, he argues that the evidence is not sufficient to support his convictions and that the trial court erred in sentencing by improperly weighing enhancement factors, not applying mitigating factors, and not granting him full probation. We conclude that the evidence is sufficient. Although the trial court erred in applying the multiple victims enhancement factor, we conclude that the sentence imposed by the trial court was justified. We affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Howard Gailand Bruff
The defendant, Howard Gailand Bruff, was convicted of first degree premeditated murder, felony murder, and especially aggravated robbery. The murder convictions were merged, and the defendant received concurrent sentences of life and twenty-five years in prison. On appeal, the defendant contends that the evidence was insufficient to establish his convictions because the circumstantial evidence was not sufficient to prove his identity as the assailant, that he committed a theft against the victim, that he had the requisite intent to rob the victim to be convicted of felony murder, or that he killed the victim with premeditation. We conclude that the evidence is sufficient, and we affirm the judgments of the trial court. |
Cumberland | Court of Criminal Appeals | |
State of Tennessee v. Tulinague Thandiwe
The Appellant, Tulinague Thandiwe, proceeding pro se, 1 appeals the sentencing decision of the Shelby County Criminal Court which resulted in the imposition of an eight-year sentence of incarceration. On appeal, Thandiwe challenges the trial court’s denial of alternative sentencing. After review of the record, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Stephen D. Lamb
The Appellant, Stephen D. Lamb, was convicted by a Madison County jury of burglary, a Class D felony, and the misdemeanor offenses of possession of burglary tools and evading arrest. Lamb received an eight-year sentence for burglary and an eleven month and twenty-nine day sentence for each misdemeanor conviction. The misdemeanor sentences were ordered to run concurrently with each other but consecutively to the felony conviction. On appeal, Lamb raises the following issues for our review: (1) whether the trial court erred in failing to suppress certain items found in Lamb’s possession at the time of his arrest; (2) whether the trial court erred in admitting a police videotape; (3) whether the evidence is sufficient to support his convictions; and (4) whether Lamb’s sentence |
Madison | Court of Criminal Appeals | |
Nathaniel Benton, a/k/a, Nathan Gray v. Tony Parker, Warden
The Petitioner, Nathaniel Benton, a/k/a, Nathan Gray filed a pro se petition for a writ of habeas corpus. The habeas court denied relief, and the Petitioner filed a timely notice of appeal. On appeal, the Petitioner contends that his conviction and subsequent sentence for being a habitual criminal is void because the underlying convictions upon which the habitual criminal conviction is based are void. Finding no reversible error, we affirm the judgment of the habeas court. |
Lake | Court of Criminal Appeals |
