Steven Van Tucker v. State of Tennessee
In case number 7563, the petitioner, Steven Van Tucker, pled guilty in the Lauderdale County Circuit Court to theft of property valued between five hundred and one thousand dollars, and the trial court sentenced him to four years and six months in confinement. In case number 7577, the petitioner pled guilty to burglary, car burglary, theft of property valued more than one thousand dollars but less than ten thousand dollars, and two counts of misdemeanor theft, and the trial court sentenced him to an effective sentence of four years in confinement. The trial court ordered that the sentence in case number 7577 be served consecutively to the sentence in case number 7563 for an effective sentence of eight years and six months. Subsequently, the petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of trial counsel and that his guilty pleas were not voluntarily and intelligently entered. The trial court denied the petition for post-conviction relief. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Michael Nash
The Defendant, Michael Nash, was convicted by a jury of one count of aggravated robbery. After a hearing, the trial court sentenced him as a Range II, multiple offender to twelve years in the Department of Correction. In this appeal as of right, the Defendant challenges the sufficiency of the evidence and contends that he should have been sentenced as a Range I, standard offender. We affirm the Defendant’s conviction. We reverse the order of the trial court sentencing the Defendant as a Range II, multiple offender. We remand this matter for a new sentencing hearing. |
Shelby | Court of Criminal Appeals | |
Kenneth Gaines v. State of Tennessee
The petitioner, Kenneth Gaines, appeals from the Shelby County Criminal Court’s denial of post-conviction relief. Because we discern no error in the post-conviction court’s proceedings and because the record supports that court’s determinations, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Darryl Eugene Watts
Pursuant to a plea agreement, the defendant, Darryl Eugene Watts, pled guilty to rape, furnishing alcohol to a minor, and exposing a minor to pornography. He was sentenced to an effective eight-year sentence in confinement. On appeal, the defendant argues that the trial court erred in denying alternative sentencing. Following our review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Jeffrey Wayne Haithcote v. State of Tennessee
The petitioner, Jeffrey Wayne Haithcote, appeals the trial court's denial of post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel. The judgment is affirmed. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Jeremy P. Smith
The appellant, Jeremy P. Smith, pled guilty in the Dickson County Circuit Court to arson and received a sentence of five years. The trial court granted the appellant community corrections. Subsequently, the trial court revoked the appellant's community corrections and ordered the appellant to serve one year in confinement before again being released into community corrections. On appeal, the appellant contests the revocation. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Dickson | Court of Criminal Appeals | |
Gerald D. Stover v. Kevin Myers, Warden
Following his plea of guilty to aggravated burglary, the petitioner was sentenced to twelve years. After serving a period of time, the length of which is unclear from the record, he was paroled and, on February 19, 1999, was convicted in Alabama for trafficking cocaine. Apparently, a parole violation warrant was issued on January 25, 1999, for his Tennessee sentence, as to which he was declared on the same day to be delinquent. Presumably because the petitioner was incarcerated in Alabama, the warrant was not served on him until March 1, 2004. His parole was revoked on April 1, 2004, following a hearing that same day. He filed a petition for writ of habeas corpus on September 29, 2004, seeking relief because, by his analysis, his sentence had expired and the revocation hearing had not been timely. The trial court dismissed the petition and, following our review, we affirm the dismissal. |
Wayne | Court of Criminal Appeals | |
Ronald L. Davis v. State of Tennessee
The Petitioner, Ronald L. Davis, appeals the trial court's denial of his petition for writ of error coram nobis. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the State's motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Maury | Court of Criminal Appeals | |
Rhynuia L. Barnes v. State of Tennessee
The petitioner appeals the denial of post-conviction relief, alleging various instances of ineffective assistance of counsel as well as a violation of his rights under the Confrontation Clause. Upon review of the claim under the Confrontation Clause, we conclude that counsel was not ineffective and that the statement did not prejudice the petitioner. We further conclude that the evidence does not preponderate against the post-conviction court's finding that counsel rendered effective assistance of counsel. Therefore, we affirm the post-conviction court's denial of relief. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. David B. Walker
The Appellant, David B. Walker, appeals the sentencing decision of the Cocke County Circuit Court. Walker pled guilty to reckless vehicular homicide, a Class C felony, and was sentenced as a Range I standard offender to three years in the county jail. On appeal, Walker argues that the trial court should have imposed an alternative sentence. After review of the record, we find that the State has failed to rebut the presumption of Walker's entitlement to an alternative sentence. Accordingly, we remand the case to the trial court for the imposition of an appropriate alternative sentence. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Phillip W. Dailey
The Appellant, Phillip W. Dailey, appeals the sentencing decision of the Blount County Circuit Court, which resulted in the imposition of an effective three-year sentence of incarceration. On appeal, Dailey challenges the trial court's denial of alternative sentencing. After review of the record, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
Jessica Renee Richards v. State of Tennessee and Jennifer Lynne Horine v. State of Tennessee
In this consolidated appeal, the petitioners challenge the denial of post-conviction relief, contending that their respective trial counsel were ineffective in failing to advise them of authority that indicated that their conduct fell outside the scope of the statute. On appeal, the State concedes that the petitioners received ineffective assistance of counsel. Following thorough review, we agree. Therefore, we reverse the denial of post-conviction relief, set aside the judgments, and remand the matter to the trial court. |
Cumberland | Court of Criminal Appeals | |
State of Tennessee v. Allen D. Baldwin
A Shelby County Criminal Court jury convicted the appellant, Allen D. Baldwin, of aggravated robbery, a Class B felony, and robbery, a Class C felony. The trial court merged the robbery conviction into the aggravated robbery conviction and sentenced the appellant to ten years in the Department of Correction. On appeal, the appellant claims that the trial court erred by ruling that the State could impeach him with his prior convictions for robbery and theft if he chose to testify. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Billy Mac Montgomery
The appellant, Billy Mac Montgomery, pled guilty in the Tipton County Circuit Court to driving under the influence (DUI), a Class A misdemeanor. The trial court sentenced him to eleven months and twenty-nine days in the county jail, to be suspended after serving forty-eight hours, and imposed a three hundred fifty dollar fine. Pursuant to the plea agreement, the appellant reserved the right to appeal a certified question of law challenging the trial court’s denial of his motion to suppress. The State contends that the question presented is not dispositive and, therefore, that this court is without jurisdiction over the appeal. Upon review of the record and the parties’ briefs, we conclude that the appeal should be dismissed. |
Tipton | Court of Criminal Appeals | |
Scotty Dewayne Robinson v. State of Tennessee
The petitioner, Scotty Dewayne Robinson, pleaded guilty to theft of an amount less than $10,000. Pursuant to his plea agreement, the petitioner received a three-year incarcerative sentence as a Range I offender to be served consecutively to the federal sentence he was currently serving. The petitioner filed an untimely appeal, and this court accordingly dismissed the appeal. State v. Scotty Dewayne Robinson, No. E2001-02342-CCA-R3-CD, slip op. at 2 (Tenn. Crim. App., Knoxville, May 20, 2002). The petitioner subsequently filed a petition for post-conviction relief alleging that he received ineffective assistance of counsel and that as a result, his guilty plea was not knowingly, intelligently, or voluntarily made. The post-conviction court denied the petition, and the petitioner brings the instant appeal challenging that denial. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Brian L. Woods v. State of Tennessee
The Appellant, Brian L. Woods, appeals the Dyer County Circuit Court’s denial of his petition for post-conviction relief. On appeal, Woods argues that he was denied his Sixth Amendment right to the effective assistance of counsel. After review of the record, we affirm the denial of post-conviction relief. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Travis Young
The appellant, Travis Young, was convicted by a jury of especially aggravated kidnapping, especially aggravated robbery, and criminal attempt to commit second degree murder. As a result, the appellant was sentenced to an effective sentence of twenty (20) years. After the denial of a motion for new trial, the appellant appealed. On appeal, the following issues are presented for our review: (1) whether the evidence is sufficient to sustain the jury verdict; (2) whether the trial court improperly refused to dismiss the especially aggravated kidnapping charge; and (3) whether the trial court improperly instructed the jury with regard to especially aggravated kidnapping and especially aggravated robbery. After a thorough review of the record and applicable authority, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Gerald Buchanan v. Glen Turner, Warden and the State of Tennessee
The petitioner, Gerald Buchanan, appeals the Hardeman County Circuit Court’s summary dismissal of his petition for habeas corpus relief from his conviction for first degree murder and resulting sentence of life imprisonment. He claims his judgment of conviction is void because it classifies his release eligibility status as thirty percent in violation of our statutory sentencing scheme. We affirm the trial court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Ken Childress
The appellant, Ken Childress, was convicted by a jury of attempted first degree murder and aggravated criminal trespass. The trial court sentenced the appellant to an effective sentence of twenty-five (25) years. On appeal, the appellant challenges the sufficiency of the evidence and his sentence as improper in light of the United States Supreme Court’s decision in Blakely v. Washington, 542, U.S. 296, 124 S. Ct. 2531 (2004). Because the evidence is sufficient to support the convictions and the Tennessee Supreme Court has determined that Blakely has no effect in Tennessee, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Roy Wilson v. State of Tennessee
The petitioner, Roy Wilson, pled guilty to four (4) counts of aggravated rape, eleven (11) counts of especially aggravated kidnapping, seven (7) counts of aggravated robbery, and two (2) counts of aggravated burglary, for convictions stemming from multiple indictments. As a result of the guilty |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Bill Vaughn Halton
The Defendant, Bill Vaughn Halton, pled guilty to three counts of sexual battery and to one count of sexual assault. The Defendant filed a petition to suspend fees and court costs. After a hearing, the trial court waived the Defendant's counseling and probation fees, but concluded that it had no authority to waive the Defendant's court costs. On appeal, the Defendant contends that the trial court erred when it refused to waive court costs. After thoroughly reviewing the record and the applicable authorities, we remand this case to the trial court to consider whether or not the Defendant's court costs should be waived. |
Cheatham | Court of Criminal Appeals | |
James M. Loveday v. State of Tennessee
The petitioner, James M. Loveday, appeals the dismissal of his petition for post-conviction relief, arguing that the post-conviction court erred in finding he received the effective assistance of trial counsel. Because the record reveals that the petitioner filed his petition outside the one-year statue of limitations, we conclude that this case is not properly before this court. Accordingly, we dismiss the appeal for lack of jurisdiction. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Darryl J. Leinhart, II
The defendant, Darryl J. Leinart, II, was indicted on one (1) count of possession of marijuana and one (1) count of possession of drug paraphernalia. The defendant filed a motion to suppress the evidence against him contending that the warrantless search of his residence was illegal. The trial court granted the motion to suppress and the State filed this appeal. We find the State failed to carry its burden in the trial court of proving that the warrantless search of the defendant's residence was valid. The judgment of the trial court is therefore affirmed. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Jared C. Brown
The appellant, Jared C. Brown, pled guilty in the Davidson County Criminal Court to possession of over ten pounds of marijuana with the intent to sell or deliver, and he received a sentence of two years. As a condition of his plea, the appellant reserved a certified question of law regarding the validity of a search warrant. Upon review of the record and the parties' briefs, we conclude that the question is not dispositive of the appellant's case and affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Aleta Renee Souder
The defendant, Aleta Renee Souder, appeals her Sullivan County effective incarcerative sentence of 18 months on her guilty-pleaded convictions for possession of more than one-half ounce of marijuana for resale, a Class E felony, two counts of possession of drug paraphernalia, a Class A misdemeanor, and unlawful possession of a switchblade knife, a Class A misdemeanor. The defendant had sought a probationary sentence or some form of alternative sentencing, which the trial court rejected. Our review of the record discloses no basis to disturb the trial court's sentencing decision, and we affirm the judgments. |
Sullivan | Court of Criminal Appeals |
