Telly Lamont Booker v. State of Tennessee
The Petitioner, Telly Lamont Booker, filed a petition for post-conviction relief challenging his convictions for possession with intent to sell or deliver .5 grams or more of cocaine in a school zone, evading arrest, and unlawful possession of a weapon, as well as the resulting twenty-eight-year sentence. The post-conviction court denied relief, and the Petitioner appeals. On appeal, the Petitioner alleges that trial counsel was ineffective in the following ways: (1) by not pursuing a defense of simple possession; (2) by failing to object to the testimony of Officers Heitz and Noe regarding habits of drug dealers because they were not experts; (3) and by cumulative error. After our review, we affirm the judgment of the post-conviction court denying the Petitioner relief. |
Knox | Court of Criminal Appeals | |
Gai D. Kuot v. State of Tennessee
Gai D. Kuot, Petitioner, filed a petition for writ of habeas corpus (the “petition”) claiming that his convictions are void because the indictment was defective, the capias was unsigned, and the trial court did not have subject matter jurisdiction. The trial court summarily dismissed the petition. We affirm. |
Wayne | Court of Criminal Appeals | |
Larry Pittman v. State of Tennessee
The petitioner, Larry Pittman, appeals the dismissal of his petition for writ of error coram nobis, arguing entitlement to coram nobis relief on the ground that newly discovered evidence supported his claim that the warrant issued for his arrest was defective. Discerning no error, we affirm. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Michael Leon Caudle
The Defendant, Michael Leon Caudle, was convicted of two counts each of selling less than 0.5 gram of cocaine within a drug-free school zone and delivering less than 0.5 gram of cocaine within a drug-free school zone, and one count of possessing 0.5 gram or more of cocaine within a drug-free school zone with the intent to sell, deliver, or manufacture. The trial court merged the two delivery convictions with the corresponding sale convictions and imposed an effective sentence of sixty years’ incarceration. In this delayed appeal,the Defendant challenges the sufficiency of the evidence. Following our review of the record, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Kevin Brazelton
A Knox County Criminal Court Jury convicted the Appellant, Kevin Brazelton, of four counts of aggravated robbery, a Class B felony. After a sentencing hearing, the trial court sentenced him to twenty-five years for each conviction and merged the convictions. On appeal, the Appellant contends that the trial court should have granted a mistrial when a court officer shocked him with a stun belt in the jury’s presence; that the trial court erred by allowing the prosecution to use a peremptory challenge against the only |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Byron Hartshaw and Gary Lee Emory
A Knox County jury convicted the defendants, Byron Hartshaw and Gary Lee Emory, of robbery, aggravated robbery, and aggravated burglary. The trial court imposed total effective sentences of fifteen years for Defendant Hartshaw and twelve years for Defendant Emory. In this consolidated appeal, both defendants challenge the sufficiency of the evidence, the jury instructions, and the admission of certain evidence. They also contend that the State’s closing argument amounted to prosecutorial misconduct. Defendant Emory additionally argues that the trial court provided “improper assistance” to the State, he challenges the length of his sentence, and he contends that cumulative error entitles him to a new trial. After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Knox | Court of Criminal Appeals | |
Joshua Nathan Brown v. State of Tennessee
The Petitioner, Joshua Nathan Brown, appeals from the denial of his petition for post-conviction relief, wherein he challenged his guilty-pleaded convictions for evading arrest through the use of a motor vehicle creating a risk of death or injury to others, possession of a firearm by a convicted drug felon, and possession of a Schedule IV controlled substance with the intent to sell. In this appeal as of right, the Petitioner argues that his trial counsel was ineffective for failing to file a motion to recuse the district attorney general’s office after his previous attorney in this case was hired by that office. Following our review of the record, we affirm the post-conviction court’s judgment denying relief. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Cleotris Ruben
The Defendant, Cleotris Ruben, entered guilty pleas pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), to one count of theft of property valued more than $1,000 but less than $2,500, a Class E felony, and one count of theft of property valued $1,000 or less, a Class A misdemeanor. After entry of the pleas but prior to sentencing, the Defendant discovered that, contrary to what he had been told by the two attorneys representing him, he was not eligible for judicial diversion. The Defendant moved to withdraw his guilty pleas, and the trial court denied the motion. On appeal, this court concluded that counsel had a conflict of interest and reversed the decision, remanding for appointment of new counsel. The trial court appointed new counsel, held a hearing, and again denied the Defendant’s motion to withdraw his pleas, and the Defendant appeals. We conclude that the trial court abused its discretion in denying the motion, and we reverse and remand the case for entry of an order permitting withdrawal of the pleas and for further proceedings. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Vern Braswell
After the trial court granted the State’s motion to dismiss the “Emergency Motion to Alter or Adjust Sentence to Conform With the Principles of Compassionate Release” filed by Vern Braswell, Defendant, this appeal was initiated. On appeal, Defendant challenges the trial court’s dismissal of his motion. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Lavan Tremayne Johnson, Jr. v. State of Tennessee
The Petitioner, Lavan Tremayne Johnson, Jr., filed for post-conviction relief, alleging that his counsel were ineffective and that his guilty pleas were 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. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Joseph John Turchin
A Monroe County Criminal Court Jury convicted the Appellant, Joseph John Turchin, of two counts of especially aggravated sexual exploitation of a minor, Tenn. Code Ann. § 39- 17-1005, one count of sexual exploitation of a minor, Tenn. Code Ann. § 39-17-1003, and one count of unlawfully photographing a minor in violation of the minor’s privacy, Tenn. Code Ann. § 39-13-605.1 The trial court imposed a total effective sentence of twenty years in the Tennessee Department of Correction. On appeal, the Appellant contends that the trial court erred by denying his motion to suppress, arguing that he was not properly served with a warrant for the search of his cellular telephones. Upon review, we affirm the judgments of the trial court. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. Joseph Sarkozy
The Defendant-Appellant, Joseph Sarkozy, appeals the revocation of his probation. On appeal, the Defendant argues the trial court erred by (1) finding the Defendant violated the terms of his probation when he did not possess the requisite intent for the domestic assault charges used as the basis for the revocation and (2) ordering the Defendant to serve the remainder of his sentence in prison. Upon review, we affirm the judgment of the trial court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Lester Lee Doyle
The Benton County Grand Jury indicted Defendant, Lester Lee Doyle, for second offense driving under the influence of an intoxicant or drug (“DUI”) (Count One), violation of the implied consent law (Count Two), failure to illuminate the registration plate of his vehicle at all times when the headlights are illuminated (Count Three), and failure to maintain his vehicle as nearly as practicable entirely within a single lane of a roadway divided into two or more lanes for traffic (Count Four). Following trial, the jury found Defendant guilty of DUI in Count One and not guilty of the traffic offenses in Counts Three and Four. On appeal, Defendant argues that because the jury found Defendant not guilty on Counts Three and Four, there was no reasonable suspicion to stop Defendant and therefore Defendant is entitled to a new trial or a reversal of the DUI conviction. Following a thorough review of the record and applicable law, we affirm the judgments of conviction. |
Benton | Court of Criminal Appeals | |
Kevin Farrell Wells v. State of Tennessee
Petitioner, Kevin Farrell Wells, appeals the denial of his post-conviction petition arguing that the post-conviction court applied the incorrect burden of proof in evaluating his claims, erroneously denied him relief on a claim of ineffective assistance of counsel, and entered its order beyond the sixty-day statutory deadline. After hearing oral arguments and following a review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgment of the post-conviction court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Sean Mitchell aka Antwon Rainer
Defendant, Sean Mitchell A.K.A. Antwon Rainer, was indicted for rape and aggravated kidnapping, and a jury convicted Defendant as charged. The trial court sentenced Defendant, pursuant to the repeat violent offender statute, to two life sentences without the possibility of parole and ran the sentences consecutively. On appeal, Defendant argues (1) that the trial court erred by admitting hearsay evidence, (2) that the chain of custody for Defendant’s penile swabs was not properly established, (3) that the evidence was insufficient to support the convictions, and (4) that the trial court erred by imposing excessive sentences. After a thorough review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Christapher Baumgartner
The Appellee, Christapher Baumgartner, was charged in the Bradley County Criminal Court with vehicular homicide by intoxication, a Class B felony, and driving under the influence (DUI), a Class A misdemeanor. He filed a motion to suppress his blood test results, arguing that he did not voluntarily consent to the blood draw. The trial court held an evidentiary hearing and granted the motion, and the State appeals. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court. |
Bradley | Court of Criminal Appeals | |
Perry Brent Lanham v. State of Tennessee
The Petitioner, Perry Brent Lanham, pleaded guilty to burglary and theft of property valued $2,500 or more, and he received an effective eight-year sentence on probation supervised by community corrections. The Petitioner filed a petition for post-conviction relief, contending that he received ineffective assistance of counsel and that he did not plead guilty knowingly and voluntarily. Following a hearing, the post-conviction court denied the petition, and the Petitioner appeals. We affirm the judgment of the post-conviction court. |
Chester | Court of Criminal Appeals | |
State of Tennessee v. Tim Gilbert
The defendant, Tim Gilbert, appeals his Giles County Circuit Court Jury convictions of aggravated assault, reckless endangerment, unlawful possession of a weapon by a convicted felon, and resisting arrest, challenging the sufficiency of the convicting evidence and the rulings of the trial court permitting the State to amend the indictment and to admit the pretrial statement of a State’s witness as substantive evidence in violation of the rule against hearsay. The defendant also argues that permitting both the grand and petit juries to deliberate in a room in the Giles County Courthouse maintained by the United Daughters of the Confederacy (“U.D.C.”) and adorned with various mementos of the Confederacy exposed the jury to extraneous prejudicial information and violated his constitutional rights to a fair trial conducted by an impartial jury, due process, and equal protection under the law. The trial court did not err by permitting the State to amend the indictment because the amendment did not allege a new or different offense. The court did err, however, by admitting the challenged witness statement, and that error cannot be classified as harmless. Further, we conclude that the Confederate memorabilia in the jury room was extraneous information and that the State failed to rebut the presumption that the petit jury’s exposure to that extraneous information was prejudicial. Accordingly, we reverse the judgments of the trial court and remand the case for a new trial. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. Carl Dwayne Prince
The defendant, Carl Dwayne Prince, appeals his Robertson County Circuit Court Jury conviction of aggravated assault, arguing that the trial court erred by finding a valid waiver of the right to counsel and permitting him to proceed pro se, that the evidence was insufficient to support his conviction, and that the State’s failure to disclose certain evidence violated due process principles as announced in Brady v. Maryland, 373 U.S. 83 (1963). Because the trial court failed to conduct a sufficient inquiry to support a finding that the defendant effectuated a valid waiver of the right to counsel, the defendant is entitled to a new trial. Because the evidence was insufficient to support a conviction of aggravated assault but sufficient to support a conviction of simple assault, the judgment of the trial court is reversed, and the case is remanded to the trial court for a new trial on alternative counts of assault involving bodily injury and assault by offensive touching. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Eric Boyd
Defendant, Eric Boyd, was convicted of two counts of first degree felony murder, two counts of aggravated robbery, two counts of especially aggravated kidnapping, and four counts of aggravated rape. For his convictions, Defendant received an effective sentence of two consecutive life sentences for the felony murder convictions and an additional 90 years for the remaining convictions. Defendant appeals his convictions, asserting that: 1) the trial court erred by denying Defendant’s motion for a change of venue, or in the alternative, a special jury venire; 2) the trial court erred by allowing the State to introduce transcripts of a witness’s testimony from a federal court proceeding as substantive evidence against Defendant; 3) the evidence was insufficient to support Defendant’s convictions; and 4) he is entitled to relief under the cumulative error doctrine. After a thorough review of the record, we determine no error. Accordingly, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. G'Wayne Williams
A Lauderdale County jury convicted the Defendant, G’Wayne Williams, of numerous sexual offenses. State v. G’wayne Kennedy Williams a/k/a Kenney Williams, No. W2018- 00924-CCA-R3-CD, 2020 WL 211546, at *1 (Tenn. Crim. App, at Jackson, Jan. 14, 2020). The trial court imposed a sixty-four-year sentence. Id. On appeal, this court vacated and dismissed fifteen of the Defendant’s convictions and concluded that the trial court had improperly merged a number of the Defendant’s convictions. We remanded the case for entry of corrected judgments and resentencing where applicable and affirmed the Defendant’s remaining convictions. Id. On remand, the trial court dismissed the relevant convictions, merged the additional relevant convictions, and resentenced the Defendant on twelve of the convictions. The trial court concluded that it had lost jurisdiction as to the Defendant’s remaining convictions affirmed on appeal. On this second appeal, the Defendant asserts that the trial court erred in finding it had lost jurisdiction on the convictions affirmed by this court. He further contends his sentence is excessive. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments. |
Lauderdale | Court of Criminal Appeals | |
Keith Lamont Brown v. State of Tennessee
A Tipton County jury convicted the Petitioner, Keith Lamont Brown, of delivery of 0.5 grams or more of cocaine, and the trial court sentenced him as a Range III, persistent offender to twenty-five years of incarceration. The Petitioner appealed his convictions to this court, and we affirmed the judgments. State v. Keith Lamont Brown a.k.a. “Kee Kee”, No. W2018-00731-CCA-R3-CD, 2019 WL 2158103, at *6 (Tenn. Crim. App., at Jackson, May 16, 2019), no perm. app. filed. Subsequently, the Petitioner filed a petition for postconviction relief, claiming that he received the ineffective assistance of counsel, which the post-conviction court denied after a hearing. After review, we affirm the post-conviction court’s judgment. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Marvin Magay James Green
The Defendant pleaded guilty to several drug offenses stemming from a 2006 arrest, and the trial court sentenced him to a fifteen-year sentence. The Defendant appealed, it was denied, and he filed multiple motions challenging his convictions. Most recently, he filed a motion to correct an illegal sentence or correct a clerical error, contending that he had not received 128 days of pretrial jail credits. The trial court denied the motion, finding that it did not have jurisdiction to amend his sentence and that any alleged error in calculating time should be directed to the Tennessee Department of Correction. It is from that judgment that the Defendant now appeals. After review, we affirm the trial court’s judgment. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Marvin Magay James Green - concurring opinion
I write separately because I disagree with the majority’s interpretation of the issue raised on appeal by the Defendant. The majority, concluding that the Defendant’s contention is unclear, addresses the issue as one of pretrial jail credits or day-for-day service. I believe that, on the contrary, the Defendant asserts that his sentence is illegal or contains a clerical error because he was denied 128 days of sentence reduction credits which he earned prior to the imposition of his sentence. Because this type of claim must be addressed via the Uniform Administrative Procedures Act, I would affirm the denial of relief on this basis. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Joseph Gevedon
The Defendant-Appellant, Joseph Gevedon, pleaded guilty to two counts of driving under the influence and to one count each of leaving the scene of an accident, violation of the financial responsibility law, and simple possession of marijuana. He agreed to serve an effective sentence of three consecutive terms of eleven months, twenty-nine days, with ninety-six hours in confinement and the remainder on probation. He also agreed to a special condition that a restitution hearing would be held at a later time. A violation of probation warrant was issued before the restitution hearing was held, and following a hearing, the trial court found that the Defendant violated the terms of his probation, revoked his probation, and ordered him to serve his sentence in confinement and to pay $30,490.76 as restitution. On appeal, the Defendant challenges the trial court’s order requiring him to serve his sentence in confinement and its restitution order. After review, we conclude that we are without jurisdiction to consider the merits of this appeal. |
Giles | Court of Criminal Appeals |
