Thomas Studdard v. State of Tennessee
The petitioner, Thomas Studdard, was indicted by the Dyer County Grand Jury on three counts of rape of a child in 2002. The petitioner subsequently pled guilty to one count of incest and was sentenced to eight years as a Range II multiple offender. The petitioner sought a reduction of his sentence in the trial court. The trial court denied the relief sought and the petitioner appealed. On direct appeal, this Court, without reaching the merits of the petitioner’s sentencing issues, vacated the judgment of conviction on the grounds that incest was not a lesser-included offense of rape. Thomas Poston Studdard v. State, No. W2003-01210-CCA-R3-PC, 2004 WL 370259 (Tenn. Crim. App., at Jackson, Feb. 27, 2004), perm. app. granted, (Tenn. Sept. 7, 2004). Having granted the petitioner’s application for permission to appeal, our supreme court concluded that the trial court had jurisdiction to accept the petitioner’s guilty plea and remanded the case to this Court for consideration of the sentencing issues. Studdard v. State, 182 S.W.3d 283 (Tenn. 2005). On remand, this Court determined that the trial court did not err in denying the petitioner’s motion to reduce his sentence and that the certification requirement of Tennessee Code Annotated section 40-35-503(c) did not violate the petitioner’s equal protection rights.1 Thomas Poston Studdard v. State, No. W2005-02707-CCA-RM-PC, 2006 WL 287427 (Tenn. Crim. App., at Jackson, Feb. 6, 2006), perm. app. denied, (Tenn. May 30, 2006). While the petitioner’s direct appeal was still pending, the petitioner sought post-conviction relief on the basis of ineffective assistance of counsel2. The postconviction court denied the petition and the petitioner sought relief in this Court. After a review of the record, we affirm the judgment of the post-conviction court. |
Dyer | Court of Criminal Appeals | |
Janalee Wilson v. State of Tennessee
The Petitioner, Janalee Wilson, appeals as of right from the judgment of theMadison County Circuit Court denying her petition for post-conviction relief. On appeal, the Defendant argues that she received the ineffective assistance of counsel and that her constitutional rights were violated by the involvement of the federal prosecutor in the state proceedings. After review of the record, as to the ineffective assistance of counsel claim, the Petitioner’s brief fails to set forth any specific contentions in support of the issue and, therefore, the issue is waived. As to her challenge to the federal prosecutor’s involvement, this issue is waived due to the Petitioner’s failure to raise it in her direct appeal and, additionally, the argument is without merit. Accordingly, we affirm the judgment of the trial court denying post-conviction relief. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. David Earl Nixon
The defendant, David Earl Nixon, pled guilty to two counts of especially aggravated sexual exploitation of a minor (Class B felony) and one count each of marijuana possession and possession of drug paraphernalia (Class A misdemeanors). He was sentenced to consecutive ten-year sentences for the two felony convictions, with the first ten years to be served in confinement and the second ten years on supervised probation. He received concurrent sentences of eleven months and twenty-nine days in confinement for the misdemeanor convictions. The defendant contends on appeal that the trial court erred in requiring him to serve his sentence in confinement rather than on probation and argues that the sentence of confinement constitutes an excessive sentence. We note that the laws concerning sentencing changed on June 7, 2005, and that this defendant did not execute any written waiver to be allowed to be sentenced under the new law. A ten-year sentence on probation under the old law is unauthorized, making the second ten-year sentence on supervised probation illegal. Because the trial judge is required to consider the aggregate sentence imposed, we reverse the sentences imposed and remand for new sentencing. We found no other reversible error. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Michael Lewis
Following a jury trial, the Defendant, Michael Anthony Lewis, was convicted of attempted first degree murder. He was sentenced as a career offender to sixty years in the Department of Correction (DOC). On appeal, the Defendant argues that (1) the trial court improperly denied his motion to dismiss for lack of a speedy trial, (2) the evidence was insufficient to support his conviction, (3) the trial court improperly sentenced the Defendant as a career offender, and (4) the trial court committed plain error by admitting a photograph that the State did not produce in response to a defense discovery request. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Billie Joe Welch
The Defendant, Billie Joe Welch, was convicted of second degree murder, and the trial court sentenced him to eighteen years in the Tennessee Department of Correction. The Defendant now appeals, contending that: (1) the evidence was insufficient to support his conviction; (2) he received ineffective assistance of counsel; (3) the trial court improperly charged the jury on second degree murder; (4) the trial court erred when it answered a jury question off the record; and (5) the trial court improperly sentenced him. Finding no reversible error, we affirm the judgment of the trial court. |
Roane | Court of Criminal Appeals | |
State of Tennessee v. Harold D. Noel
The defendant, Harold D. Noel, was convicted of voluntary manslaughter. See Tenn Code Ann. § 39-13-211 (2003). The trial court imposed a sentence of six years to be served in the Department of Correction. In this appeal, the defendant asserts that the trial court erred by denying his motion to suppress. The judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. David Michael Anderson, Jr.
The appellant, David Michael Anderson, Jr., pleaded guilty to driving under the influence, first offense, and reserved, under Tennessee Rule of Criminal Procedure 37(b)(2)(i), a certified question of law dispositive of the case. The certified question of law is whether the officer in this case lacked reasonable suspicion to effect a seizure in stopping appellant and as a result the evidence seized should have been suppressed. Following our review, we agree with appellant, reverse the judgment of the trial court and dismiss the charge. |
Putnam | Court of Criminal Appeals | |
Robert Payne v. State of Tennessee
Petitioner Robert Dallis Payne was convicted by a Davidson County jury of first degree murder and received a sentence of life in prison. On December 2, 2005, petitioner filed a petition for a Writ of Habeas Corpus in the Criminal Court of Davidson County. On December 8, 2005 the trial court dismissed the petition without an evidentiary hearing. On appeal, petitioner contends that the trial court erred in failing to grant his petition for habeas corpus. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Thomas Carter
Defendant, Thomas Carter, was convicted of coercion of a witness, a Class D felony, and sentenced to serve four (4) years in the Department of Correction. On appeal, Defendant argues that (1) the State did not introduce sufficient evidence to convict him of the charge of coercion of a witness; and (2) the trial court violated his constitutional rights by requiring him to wear shackles and his prison uniform during his trial. Finding the second issue to have merit, we reverse the judgment and remand for a new trial. |
Loudon | Court of Criminal Appeals | |
Edward R. Forester v. State of Tennessee
The Petitioner, Edward R. Forester, was convicted of aggravated burglary and received a sentence of eleven years in the Department of Correction. This Court affirmed the conviction and sentence, and the Petitioner filed a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. The Petitioner now appeals, contending that he received the ineffective assistance of counsel at trial. Specifically, the Petitioner claims that his trial counsel was ineffective by: (1) failing to call two witnesses; and (2) failing to request a jury instruction on the lesser-included offense of criminal trespass. Finding no reversible error, we affirm the judgment of the post-conviction court. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. Nicholas Goff
The defendant, Nicholas Goff, entered a plea of guilty to one count of driving under the influence, first offense. Pursuant to a plea agreement with the state, the trial court imposed a sentence of eleven months and twenty-nine days with two days in jail followed by probation. Five months later, a violation warrant was issued and the trial court revoked his probation and ordered the original sentence into execution. In this appeal, the defendant asserts (1) that he was not afforded due process of law; (2) that he was denied the effective assistance of counsel; (3) that the trial court erred by revoking his probation on the basis of a "mere arrest;" and (4) that the trial court erred by appointing an assistant public defender as his lawyer. The judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Nicholas Goff
The defendant, Nicholas Goff, entered a plea of guilty to one count of driving under the influence, first offense. Pursuant to a plea agreement with the state, the trial court imposed a sentence of eleven months and twenty-nine days with two days in jail followed by probation. Five months later, a violation warrant was issued and the trial court revoked his probation and ordered the original sentence into execution. In this appeal, the defendant asserts (1) that he was not afforded due process of law; (2) that he was denied the effective assistance of counsel; (3) that the trial court erred by revoking his probation on the basis of a "mere arrest;" and (4) that the trial court erred by appointing an assistant public defender as his lawyer. The judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Anthony M. Bond
The defendant, Anthony M. Bond, was convicted of first degree felony murder. See Tenn. Code Ann. § 39-13-202(a)(2) (1997). The jury returned a verdict of life without parole. See Tenn. Code Ann. § 39-13-204 (1997). In this appeal as of right, the defendant argues that (1) the evidence was insufficient to support a conviction for felony murder because the facts and circumstances of the underlying robbery were not the proximate cause of the victim's death; (2) the trial court erred by denying the defendant's request for a curative instruction after the prosecution stated in its closing argument that the jury had been sequestered because of the defendant; (3) the trial court erred by allowing the introduction of testimony concerning the defendant's teeth; and (4) the trial court erred by allowing the prosecution to bolster an expert witness's credibility. The judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Anthony M. Bond
The defendant, Anthony M. Bond, was convicted of first degree felony murder. See Tenn. Code Ann. § 39-13-202(a)(2) (1997). The jury returned a verdict of life without parole. See Tenn. Code Ann. § 39-13-204 (1997). In this appeal as of right, the defendant argues that (1) the evidence was insufficient to support a conviction for felony murder because the facts and circumstances of the underlying robbery were not the proximate cause of the victim's death; (2) the trial court erred by denying the defendant's request for a curative instruction after the prosecution stated in its closing argument that the jury had been sequestered because of the defendant; (3) the trial court erred by allowing the introduction of testimony concerning the defendant's teeth; and (4) the trial court erred by allowing the prosecution to bolster an expert witness's credibility. The judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Ramsey
After a bench trial in Hamilton County, the appellant, Kenneth Ramsey, was convicted of speeding, simple assault and resisting arrest. As a result, the trial court sentenced the 1 appellant to thirty days for speeding, six months for resisting arrest and eleven months and twenty-nine days for assault, with the sentences to run concurrently. The trial court suspended the effective eleven month, twenty-nine day sentence and placed the appellant on unsupervised probation. The appellant filed a timely notice of appeal. On appeal, the appellant presents the following issues: (1) whether the trial court erred by failing to allow the appellant to call a witness to testify on his behalf; (2) whether the trial court erred by failing to present a copy of the indictment to the appellant; (3) whether the trial court erred by denying a continuance because the appellant was not provided documents as required by law in a timely manner; (4) whether the trial court failed to provide equal access to the court by denying a continuance; and (5) whether the evidence was sufficient to support the convictions. Because the judgment forms do not properly reflect that the appellant was found guilty after a bench trial, we remand the matter for entry of corrected judgment forms. In all other respects, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Dewayne R. Cross v. State of Tennessee
The Petitioner, Dewayne R. Cross, was convicted of rape, and the trial court sentenced him as a violent offender to nine years in the Tennessee Department of Correction. He appealed, this Court affirmed the conviction, and the Petitioner filed a petition and two amended petitions for post-conviction relief. Following a hearing, the trial court dismissed the petitions. The Petitioner now appeals, contending that the post-conviction court erred when it found that the Petitioner received the effective assistance of counsel. Finding no reversible error, we affirm the judgment of the post-conviction court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Shirley Peters
The defendant, Shirley Peters (Pettit), pled guilty to reckless homicide (Class D Felony) and agreed to a sentence of eight years as a Range II, multiple offender. The manner of service of the sentence was to be determined following a sentencing hearing. On July 11, 2005, the trial court ordered the defendant to serve her sentence in confinement and denied any alternative sentence. The defendant contends on appeal that the trial court erred in (1) overruling her motion for deferred judgment and (2) requiring confinement when she is eligible for alternative sentencing. We conclude that the defendant has not carried her burden of showing that the sentence imposed is improper, and we affirm the judgment of the trial court. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Peggy Dale Hall
The Defendant, Peggy Dale Hall,1 was convicted of four counts of statutory rape, and the trial court sentenced her to an eight-year probationary sentence. A violation of probation warrant was subsequently issued, and the Defendant admitted violating the rules of her probation. On appeal, the Defendant contends that the trial court erred when, after revoking her probation, it ordered her to serve the balance of her eight-year sentence in prison. Finding that there exists no reversible error, we affirm the judgment of the trial court. |
Pickett | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Todd Epps
The appellant, Jeffery Todd Epps, was convicted by a jury in the Sevier County Circuit Court of reckless aggravated assault. The trial court sentenced the appellant as a Range II multiple offender to eight years incarceration in the Tennessee Department of Correction. On appeal, the appellant contends that the trial court erred in sentencing him to the maximum sentence within the range. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Jimmy Bernard Clark
The Defendant, Jimmy Bernard Clark, was convicted by a Madison County jury of attempted aggravated burglary, a Class D felony. Following a sentencing hearing, the Defendant received a twelve-year sentence as a career offender. On appeal, he argues that the trial court erred in denying his motion to suppress a statement made to the police and that the evidence was insufficient to support his conviction. After a review of the record, the judgment of the trial court is affirmed. |
Madison | Court of Criminal Appeals | |
Colico Walls v. State of Tennessee
The petitioner, Colico Walls, was convicted by a jury of attempted aggravated robbery. His conviction was affirmed on appeal by this Court. See State v. Colico Walls, No. W2000-03008-R3-CD, 2001 WL 1381261 (Tenn. Crim. App., at Jackson, Nov. 7, 2001). The petitioner filed a pro se petition for post-conviction relief. After counsel was appointed to represent the petitioner, three amended petitions were filed. The post-conviction court denied post-conviction relief after an evidentiary hearing. The petitioner appeals the judgment of the post-conviction court. We affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marvin L. Locke
The defendant, Marvin L. Locke, appeals from his Bradley County Criminal Court convictions of selling methamphetamine, a schedule II controlled substance, in a school zone; possession of methamphetamine in a school zone with intent to sell; unlawful possession of a firearm; and possession of drug paraphernalia. The trial court imposed an effective sentence of eight years. On appeal, the defendant challenges the sufficiency of the evidence that the sale and possession of methamphetamine (the subjects, respectively, of the first two counts of the indictment) occurred within 1,000 feet of a school. Following our review of the case, we affirm the judgments of the trial court. |
Bradley | Court of Criminal Appeals | |
Ciondre T. Moore, alias, Ciondre T. Porter v. State of Tennessee
The Defendant, Ciondre T. Moore, alias, Ciondre T. Porter, was convicted in three separate cases of multiple offenses and sentenced to twelve years of intensive probation. Subsequently, two violation of probation warrants were issued, and the Defendant pled guilty to violating his probation. He then filed a pro se motion alleging that the trial court had made a clerical error by not giving him sentencing credit for the time that he had served on probation. The trial court denied the motion after a hearing. We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Bobby Davis v. State of Tennessee
The petitioner, Bobby Davis, appeals from the post-conviction court’s order dismissing his petition or post-conviction relief after finding that the petition was filed outside the statute of limitations. Tenn. Code Ann. § 40-30-102(a). On appeal, the petitioner argues that his right to due process required the statute of limitations be tolled. Following our review, we affirm the dismissal of the petition. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Marques Lanier Bonds, aka "Mark"
The defendant, Marques Lanier Bonds, AKA “Mark,” was convicted by a Lauderdale County jury of attempted second-degree murder, reckless aggravated assault, aggravated assault, reckless endangerment, and reckless endangerment with a deadly weapon. He was sentenced to an effective term of twelve years in the Tennessee Department of Correction. On appeal, he challenges: (1) the trial court’s denial of his motion in limine regarding testimony of his prior incarceration; (2) the sufficiency of the convicting evidence; (3) the trial court’s acceptance of the jury’s verdict; and (4) the sentence imposed by the trial court. Following our review of the record and the parties’ briefs, we modify the judgments of the trial court to reflect the merger of the defendant’s aggravated assault conviction into his attempted second-degree murder conviction and his reckless endangerment conviction into his reckless aggravated assault conviction and affirm the trial court’s judgments in all other respects. |
Lauderdale | Court of Criminal Appeals |
