State of Tennessee v. Kevin Bufford
The appellant, Kevin Bufford, pled guilty to one (1) count of aggravated robbery and one (1) count of carjacking while reserving a certified question of law for appeal. In that certified question of law, the appellant challenges the trial court's denial of a motion to suppress the evidence obtained as the result of what the appellant argues was an illegal arrest. Because we determine that the certified question is not dispositive, we dismiss the appeal and remand the matter to the trial court for any further proceedings which may be necessary. |
Davidson | Court of Criminal Appeals | |
Thomas Wray v. State of Tennessee
The appellant, Thomas Wray, appeals from the denial of his petition for the writ of habeas corpus wherein he alleges that his guilty pleas and sentences in the Hamilton County Criminal Court to two (2) offenses committed while he was a juvenile are void. For the reasons stated below we find that the habeas court properly denied habeas corpus relief and we therefore affirm the decision of the lower court. |
Bledsoe | Court of Criminal Appeals | |
State of Tennessee v. Ronald Benjamin Irwin
The appellant, Ronald Benjamin Irwin, was convicted by a jury of aggravated robbery. As a result, the appellant was sentenced as a Range I, standard offender to a nine-year sentence. On appeal, the appellant challenges the sufficiency of the evidence and his sentence as excessive. Because we determine that the evidence was sufficient to support the conviction and that the trial court did not err in sentencing the appellant to serve nine (9) years in incarceration, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Carlos Weeks
The defendant, Carlos Weeks, was indicted in Shelby County for four counts of aggravated robbery. Two of the four counts were alternative charges. The defendant was convicted of all four counts and the trial court merged the alternative counts into two convictions. The trial court imposed a concurrent, Range I sentence of ten years for each of the two offenses. In this appeal as of right, the defendant asserts that there is a material variance between the indictment and the evidence presented at trial and that the evidence is insufficient to support either conviction. The judgments of the trial court are affirmed. |
Shelby | Court of Criminal Appeals | |
Robert Gamble v. State of Tennessee
Following a jury trial, Petitioner, Robert Gamble, was convicted of two counts of aggravated robbery, one count of fraudulent use of a credit card, and one count of theft of property over five hundred dollars. Petitioner’s conviction and sentence were affirmed by this Court on direct appeal, |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Travis Young
Following a jury trial, Defendant was convicted in case no. 03-05457 of two counts of aggravated assault, a Class C felony, two counts of reckless aggravated assault, a Class D felony, and one count of evading arrest, a Class D felony . Defendant was convicted in case No. 03-05459 of two counts of aggravated robbery, a Class B felony, and one count of aggravated assault, a Class C felony, against victim Christopher Bridges. The trial court sentenced Defendant as a Range II, multiple offender, to six years for each of his Class C and Class D felony convictions. The trial court merged Defendant’s aggravated robbery convictions in counts one and two in case No. 03-05459, and |
Shelby | Court of Criminal Appeals | |
David Johnson v. State of Tennessee
Petitioner, David Johnson, appeals the dismissal of his pro se petition for post-conviction relief. On appeal, Petitioner argues that his trial counsel rendered ineffective assistance of counsel when he failed to interview or call a witness who could have provided an alibi for Petitioner on the night of |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Allen Jean Stephens
Following a jury trial, Defendant, Allen Jean Stephens, was convicted of one count of possession of more than .5 grams of cocaine with intent to sell, a Class B felony, and one count of possession of drug paraphernalia, a Class A misdemeanor. The trial court sentenced Defendant as a Range III, persistent offender, to twenty-three years for the felony drug conviction, and eleven months, twenty nine days for his misdemeanor conviction. The trial court ordered Defendant’s sentences to run concurrently, for an effective sentence of twenty-three years. Defendant does not appeal the length of his sentences or the sufficiency of the convicting evidence. Defendant argues however, that the trial court erred in denying Defendant’s motion to suppress the crack cocaine found at his house during the execution of a search warrant; and that the trial court erred in ruling admissible certain evidence about a prior sale of crack cocaine, an offense for which Defendant was not charged. Following a review of the record, we affirm the judgments of the trial court. |
Weakley | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Buford, alias
The defendant appeals his conviction for reckless endangerment, contending specifically that the evidence was insufficient to prove that he placed anyone in imminent danger of death or serious bodily injury. Upon review, we conclude that because the defendant fired the gun in the air, away from any person or potentially occupied building, the evidence is insufficient to sustain his conviction. Therefore, we reverse the conviction and dismiss the charges. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Michael L. Calandros
The defendant appeals the trial court's denial of pretrial jail credits. We conclude that Tennessee Rule of Appellate Procedure 3 does not provide an appeal as of right from the trial court's action. Moreover, because the sentence is neither illegal nor void, the appeal cannot be treated as a writ of certiorari. Therefore, because this matter is not properly before us, we dismiss the appeal. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Alice Smotherman
The Defendant, Alice Smotherman, pled guilty to possession of a Schedule IV controlled substance for resale, a Class D felony, after the trial court denied her motion to suppress evidence seized pursuant to a search warrant. As part of the plea agreement, she reserved the right to appeal a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). The certified question reserved for review was "whether or not the affidavit in the search warrant is sufficient to establish truthfulness, reliability and veracity of information that [an] unnamed third party conveyed to affiant which established probable cause for the issuance of the search warrant; and whether or not the search warrant complied with Rule 41(c) of the Tennessee Rules of Criminal Procedure." Because the record on appeal is incomplete, we must conclusively presume the ruling of the trial court was correct. Accordingly, we affirm the decision of the trial court. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Daniel Blake
The defendant, Daniel Blake, stands convicted of aggravated vehicular homicide, attempt to leave the scene of an accident, and driving on a revoked or suspended license, and he is serving an effective sentence of 25 years. He has appealed his aggravated vehicular homicide conviction and claims that the state failed to prove beyond a reasonable doubt that his blood-alcohol content was above .20 percent and that he had previously been convicted of DUI. After thoroughly reviewing the record and applicable authorities, we find sufficient evidence to support the conviction and affirm |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Daniel Blake
The defendant, Daniel Blake, stands convicted of aggravated vehicular homicide, attempt to leave the scene of an accident, and driving on a revoked or suspended license, and he is serving an effective sentence of 25 years. He has appealed his aggravated vehicular homicide conviction and claims that the state failed to prove beyond a reasonable doubt that his blood-alcohol content was above .20 percent and that he had previously been convicted of DUI. After thoroughly reviewing the record and applicable authorities, we find sufficient evidence to support the conviction and affirm the judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Qawi Nur, (a/k/a Darrius James)
Defendant, Qawi Nur, a/k/a/ Darrius James, was indicted on one count of first degree felony murder and one count of first degree premeditated murder. The State filed a notice of intent to seek the death penalty. Following a jury trial, Defendant was convicted of first degree felony murder in count one and second degree murder in count two. The trial court merged Defendant’s second degree murder conviction into his first degree felony murder conviction. The jury sentenced Defendant to life imprisonment without the possibility of parole for his first degree murder conviction. The sole issue raised on appeal challenges the sufficiency of the convicting evidence. After a thorough review of the record, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Clarence Carnell Gaston v. State of Tennessee
The petitioner, Clarence Carnell Gaston, appeals the Obion County Circuit Court’s dismissal of his petition for post-conviction relief, in which he challenged his 2001 convictions of first degree felony murder, second degree murder, and conspiracy to commit second degree murder. See State v. Clarence Carnell Gaston, No. W2001-02046-CCA-R3-CD (Tenn. Crim. App., Jackson, Feb. 7, 2003) (affirming the petitioner’s convictions and sentences), perm. app. denied (Tenn. 2003). After appointing counsel, the post-conviction court conducted a hearing on May 24, 2004. Following the hearing, the court denied post-conviction relief. We affirm the post-conviction court’s judgment. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Patricia Marie Jenson
The appellant, Patricia Marie Jenson,2 was convicted by a jury in the Davidson County Criminal Court of child neglect and possession of drug paraphernalia. She received a total effective sentence of four years, to be served on community corrections. On appeal, the appellant challenges the |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Patricia Marie Jenson - Dissenting
I respectfully disagree with the majority opinion’s upholding the conviction. I do not believe the evidence is sufficient to convict the defendant of child neglect as that offense is described in State v. Mateyko, 53 S.W.2d 666 (Tenn. 2001). In Mateyko, our supreme court held that “a mere risk of harm” was insufficient and that the state was required to show “that the defendant’s neglect produced an actual, deleterious effect or harm upon the child’s health and welfare.” Id. 53 S.W.3d at 671-72. |
Davidson | Court of Criminal Appeals | |
Daylon Roberts v. State of Tennessee
The petitioner, Daylon Roberts, appeals from the trial court's order denying his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petitioner has failed to establish a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed. |
Johnson | Court of Criminal Appeals | |
Kent Ousley v. David Mills, Warden
The petitioner, Kent Ousley, appeals the trial court’s denial of his petition for habeas corpus relief. The single issue presented for review is whether the petition was properly dismissed. The judgment is affirmed. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Eddrick Johnson
The defendant, Eddrick Johnson, originally charged with two counts of aggravated robbery, was convicted of two counts of facilitation of aggravated robbery. The trial court merged the convictions and imposed a Range II sentence of seven years. In this appeal of right, the defendant challenges the sufficiency of the evidence and argues that he was improperly sentenced as a Range II offender. The judgment is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Patrick John Marshall
The defendant, Patrick John Marshall, entered pleas of guilt to one count of possession of cocaine with intent to sell and one count of possession of marijuana in exchange for an effective sentence of twelve years, to be served on community corrections. The trial court later revoked the community corrections sentence and, after a sentencing hearing, imposed a Range II sentence of twenty years' incarceration. In this appeal, the defendant asserts that the sentence is excessive. The judgment of the trial court is affirmed. |
Madison | Court of Criminal Appeals | |
Rickie Reed v. State of Tennessee
The petitioner, Rickie Reed, appeals from 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 at trial. The judgment is affirmed. |
Shelby | Court of Criminal Appeals | |
Raymond A. Clark v. State of Tennessee
The Petitioner, Raymond A. Clark, appeals the trial court's denial of his motion to reopen his post-conviction petition/petition for habeas corpus relief. 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 |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Cecil E. Anderson
The defendant was indicted on one count of aggravated robbery (a Class B felony). Following a jury trial, he was convicted of the lesser included offense of robbery (a Class C felony) and was sentenced as a career offender to fifteen years in the Department of Correction. Upon the grant of a delayed appeal, the defendant challenges: (1) the sufficiency of the identification evidence; and (2) whether his confession was sufficiently corroborated so as to establish the corpus delicti. After careful review of the record, the briefs, and applicable law, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
Michael D. McDade v. State of Tennessee
The petitioner, Michael D. McDade, appeals the denial of his petition for post-conviction relief, arguing that his guilty plea was unknowing and involuntary and he was denied the effective assistance of trial counsel. Following our review, we affirm the post-conviction court's denial of the petition. |
Wilson | Court of Criminal Appeals |