State of Tennessee v. Corey Huddleston
The appellant, Corey Huddleston, was convicted of multiple counts of theft of property valued under $500, vandalism of property valued under $500, and criminal trespass. He received sentences of eleven months and twenty-nine days for each of his theft and vandalism convictions and thirty days for each of his criminal trespass convictions. On appeal, the appellant challenges the trial court's imposition of consecutive sentencing. Upon our review of the record and the parties' briefs, we affirm the judgments of the trial court. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Paul Friedman
The Defendant, Paul Friedman, pled guilty to one count of promoting prostitution. Pursuant to Tennessee Rule of Criminal Procedure 37, the Defendant reserved as a certified question of law the issue of whether Tennessee Code Annotated section 39-13-512 (2003), et seq., under which he was indicted, was unconstitutional. We conclude that this statute is constitutional, and the judgment of the trial court is therefore affirmed. |
Giles | Court of Criminal Appeals | |
Johnnie M. Talley, III v. State of Tennessee
After a bench trial, the Williamson County Criminal Court convicted the petitioner, Johnnie M. Talley, III, of five counts of making a false report and sentenced him to an effective sentence of eight years in the Department of Correction (DOC). Subsequently, the petitioner filed a petition for post-conviction relief, alleging (1) that his counsel was ineffective for failing to have him evaluated by a psychologist and (2) that he did not knowingly and voluntarily waive his rights to a jury trial or to testify. After an evidentiary hearing, the post-conviction court dismissed the petition, and the petitioner now appeals. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
Jerome William Devereaux v. State of Tennessee - Dissenting
I respectfully disagree with the result reached in the majority opinion. I believe that the petitioner’s decision to plead guilty to the twelve-year sentence instead of the 7.2-year sentence resulted from inadequate advice. |
Jefferson | Court of Criminal Appeals | |
Johnny L. Beard, Sr. v. State of Tennessee
The petitioner appeals from the post-conviction court's dismissal of his petition for post-conviction relief. He contends that the post-conviction court erred in concluding that his petition was untimely filed without appointing counsel and conducting an evidentiary hearing to determine whether due process considerations tolled the statute of limitations. Following our review, we affirm the dismissal of the petition. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. John Thomas Bingham
A Bedford County jury convicted the defendant, John Thomas Bingham, of robbery, a Class C felony. Following a sentencing hearing, the trial court sentenced him as a Range I, standard offender to five years and six months in the Department of Correction. In this appeal, the defendant argues that the evidence is insufficient to support the conviction and that the trial court erred in sentencing. We affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Donald Solomon
The defendant, Donald Solomon, pled guilty to theft of property valued at $1,000, but less than $10,000, a Class D felony. After conducting a sentencing hearing, the trial court classified the defendant as a Range I, standard offender and sentenced him to four years in the Department of Correction. The trial court ordered the defendant to serve the sentence consecutive to a sentence in another case for which the defendant was on probation at the time. In this direct appeal, the defendant presents the single issue of whether the trial court erred in sentencing. We affirm the judgment of the trial court. |
Franklin | Court of Criminal Appeals | |
State of Tennessee v. Anthony James Shearer
An Obion County Circuit Court jury convicted the defendant, Anthony Shearer, of possession with intent to deliver one-half gram or more of cocaine, a Class B felony, and the trial court sentenced him to nine years in the Department of Correction. The defendant appeals, claiming that the evidence is insufficient and that his sentence is excessive. We affirm the trial court. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Clarence Mabon
A Shelby County Criminal Court jury convicted the defendant, Clarence Mabon, of two counts of aggravated robbery, a Class B felony. The trial court merged the two offenses and sentenced him as a Range I, standard offender to eight years in the Department of Correction. On appeal, the defendant contends that the evidence is not sufficient to support his conviction and that a fatal variance exists between the indictment and the proof presented at trial. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Dave Long
After entering a plea of guilty, the Defendant, Dave Long, was convicted of one count of burglary, a Class D felony. Pursuant to a plea agreement, the Defendant was to be sentenced to six years as a Range II, multiple offender, with the trial court to establish the manner of service. Following a sentencing hearing, the trial court ordered the Defendant serve his entire sentence with the Tennessee Department of Correction (TDOC). On appeal, the Defendant argues that the trial court erred in denying him probation or other alternative sentencing. We affirm the judgment of the trial court. |
Sequatchie | Court of Criminal Appeals | |
State of Tennessee v. Patrick Lamont Barker
The Defendant, Patrick Lamont Barker, pled guilty to two counts of the sale of .5 grams or more of a schedule II controlled substance. The trial court sentenced him to eight years on each conviction and ordered that the sentences run concurrently and be served in community corrections. The Defendant violated the terms of his community corrections sentence, and the trial court ordered the Defendant to serve the remainder of his sentence in prison. The Defendant now appeals. Finding no error in the judgment of the trial court, we affirm the Defendant's sentence. |
Montgomery | Court of Criminal Appeals | |
Jonathan Malcolm Malone v. State of Tennessee
The Defendant, Jonathan Malcolm Malone, pled guilty to several offenses in two separate cases, the second of which was for an offense committed while he was out on bail for the first offenses. The trial court sentenced him to consecutive sentences, and awarded pretrial jail credit towards the sentences in the first case. The Defendant petitioned for the jail credit to be applied toward the sentence in his second case, and the trial court denied his request. The Defendant now appeals. Because we have concluded that the Tennessee Rules of Appellate Procedure do not provide the Defendant a Rule 3 Appeal as of Right, we dismiss the Defendant's appeal. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Charles Drake
The defendant, Charles Drake, stands convicted of aggravated assault with a deadly weapon and DUI. For the aggravated assault conviction, the trial court sentenced the defendant to four years, split confinement with supervised probation after service of six months' confinement. For the DUI conviction, the trial court imposed a sentence of 11 months and 29 days with a release eligibility at 75 percent. On appeal, the defendant asserts (1) that the evidence is insufficient to support his conviction of aggravated assault; (2) that the trial court committed reversible error in prohibiting the defense from presenting to the jury an animation of the automobile collision giving rise to the charges against the defendant; (3) that the trial court committed reversible error in admitting the results of a blood toxicology test; and (4) that his sentence is excessive. After thoroughly reviewing the record and applicable authorities, we find sufficient evidence to support the conviction, no error in the admission or exclusion of evidence at trial, and appropriate sentencing. We, therefore, affirm the convictions and sentences. |
Knox | Court of Criminal Appeals | |
Kelvin Wade Cloyd v. State of Tennessee
The petitioner, Kelvin Wade Cloyd, appeals the Johnson County Criminal Court's summary dismissal of his petition for habeas corpus relief. Following our review upon the record, we vacate the order and remand for further proceedings. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Ellis J. Burnett
The appellant, Ellis J. Burnett, was convicted by a jury in the Cannon County Circuit Court of aggravated arson. He received a sentence of twenty-three years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence, the jury instructions, the prosecutor's closing argument, the trial court's evidentiary rulings, and alleges the ineffective assistance of counsel. Upon our review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Cannon | Court of Criminal Appeals | |
State of Tennessee v. Courtney Means
The defendant, Courtney Means, was convicted by a Shelby County Criminal Court jury of eight counts of aggravated robbery, a Class B felony, based on three separate incidents involving four victims. After merging the separate counts involving the same victim, the trial court sentenced the defendant as a Range I, standard offender to nine years for each of the remaining four convictions, with two of the sentences to be served consecutively, for an effective sentence of eighteen years in the Department of Correction. In this timely appeal as of right, the defendant challenges both the trial court’s application of enhancement factors to increase his sentences beyond the eight-year minimum for his range and its imposition of consecutive sentencing. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Lucian Henry Marshall, III
The appellant, Lucian Henry Marshall, III, appeals the order of the Sumner County Criminal Court, signed by appellant's counsel, agreeing to the disposition of money and his vehicle which had been seized pursuant to a forfeiture warrant. Alleging he was not properly informed of the procedure for recovering his seized assets, the appellant asks us to void the agreed order. We affirm the order of the trial court. |
Sumner | Court of Criminal Appeals | |
Richard L. Elliott v. State of Tennessee
On March 2, 2004, the Montgomery County Circuit Court, after conducting an evidentiary hearing on the claims presented, entered an order dismissing Richard L. Elliott's petition for post-conviction relief. On March 5, 2004, Elliott filed an "Amended Petition" alleging that because his post-conviction counsel failed to raise a requested claim for relief at the evidentiary hearing, he was entitled to a hearing on the omitted claim. Elliott's "Amended Petition" was summarily dismissed by the post-conviction court. After review, we affirm the trial court's dismissal of the amended petition for post-conviction relief. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. JoAnn White Pogue
The appellant, Joann White Pogue, pled guilty in the Marshall County Circuit Court to five counts of delivery of morphine and five counts of selling morphine, Class C felonies. The trial court merged each delivery conviction into a conviction for selling morphine and sentenced the appellant to an effective nine-year sentence in the Department of Correction (DOC). On appeal, the appellant claims the trial court improperly enhanced her sentences and improperly concluded that she was not entitled to the presumption that she was a favorable candidate for alternative sentencing. We agree that the trial court improperly applied enhancement factors and that the appellant was entitled to the presumption. Upon review of the record and the parties' briefs, we conclude that the trial court erred in its sentencing determinations and remand for resentencing. |
Marshall | Court of Criminal Appeals | |
Edward Jerome Johnson v. State of Tennessee
Petitioner, Edward Jerome Jones, filed a pro se petition for post-conviction relief, as amended after the appointment of counsel, arguing that he received ineffective assistance of counsel in connection with the negotiation and entry of Petitioner's best interest plea. Specifically, Petitioner alleges that his trial counsel failed to advise him of the evidence against him or allow him to listen to certain audio tapes, and that trial counsel failed to file a motion to dismiss the charges against Petitioner. After a review of the record in this matter, we affirm the trial court's dismissal of Petitioner's petition for post-conviction relief. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Robert Gene Mayfield
The Appellant, Robert Gene Mayfield, presents for review a certified question of law. See Tenn. R. Crim. P. 37(b)(2)(i). Mayfield pled guilty to felony possession of over .5 grams of cocaine with the intent to sell and felony possession of over one-half ounce of marijuana with the intent to sell. He was subsequently sentenced to an effective eight-year sentence to be served on probation. As a condition of his guilty plea, Mayfield explicitly reserved a certified question of law challenging the denial of his motion to suppress evidence found during the execution of a search warrant at his residence. Mayfield argues that the affidavit given in support of the warrant was insufficient to establish probable cause. After review of the record, we affirm the judgment of the Montgomery County Circuit Court denying the motion to suppress. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Prentice C. Calloway
Defendant was indicted for carjacking in count one; for theft of property over $10,000 but less than $60,000 in count two; for unlawful possession of a weapon in count three; for felony possession of an unlawful weapon in count four; for evading arrest while operating a motor vehicle in count five; for misdemeanor evading arrest in count six; for resisting arrest in count seven; for driving with a revoked license in count eight; and for criminal trespass in count nine. Prior to trial, the State dismissed counts three, eight and nine, and the remaining counts were renumbered accordingly. Following a jury trial, Defendant was found guilty of the lesser included offense of misdemeanor theft (as renumbered) in count one; guilty of Class C felony theft of property in count two; not guilty of possession of an unlawful weapon in count three; guilty of Class D felony evading arrest in count four; guilty of misdemeanor evading arrest in count five; and guilty of resisting arrest in count six. The trial court merged Defendant's conviction for misdemeanor theft in count one into his conviction for Class C felony theft of property in count two. The trial court sentenced Defendant as a Range II multiple offender to ten years for the theft conviction, eight years for the felony evading arrest conviction; eleven months, twenty-nine days for the misdemeanor evading arrest conviction; and eleven months, twenty-nine days for the resisting arrest conviction. The trial court ordered all of Defendant's sentences to be served consecutively for an effective sentence of 19 years, 10 months and fifty-eight days. On appeal, Defendant argues (1) that the evidence is insufficient to support his conviction for felony evading arrest in count four; (2) that the trial court erred in not merging Defendant's convictions for felony evading arrest and misdemeanor evading arrest in counts four and five; (3) that the trial court erred in determining the length of Defendant's sentences; and (4) that the trial court erred in ordering the sentences to be served consecutively. Defendant does not challenge the sufficiency of the evidence to support his felony theft or misdemeanor resisting arrest convictions. After a thorough review of the record, we modify Defendant's conviction for evading arrest from a Class D felony to a Class E felony, and impose a sentence of four years. We merge Defendant's misdemeanor evading arrest conviction with his Class E felony evading arrest conviction. We affirm Defendant's conviction and sentence for his Class C theft offense and his misdemeanor resisting arrest offense, and the trial court's imposition of consecutive sentencing, for an effective sentence, as modified, of fourteen years, eleven months and twenty-nine days. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Bruce Warren Scarborogh
The appellant, Bruce Warren Scarborough, was charged in the Knox County Criminal Court with four counts of aggravated rape. He filed a motion to suppress DNA evidence linking him to the crimes, and the trial court denied the motion. From the trial court's order, the appellant now brings this interlocutory appeal, arguing that the DNA evidence was obtained in violation of his right to be free from unreasonable searches and seizures as provided by the Fourth Amendment to the United States Constitution and Article I, Section 7 of the Tennessee Constitution. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Tony Evans
The defendant, Tony Evans, pled guilty to unlawful possession of .5 grams or more of cocaine with the intent to sell. He was sentenced to six years in a community corrections program but was later placed on probation. Thereafter, the trial court revoked the defendant’s probation and ordered him to serve the remainder of his six-year sentence. On appeal, the defendant challenges the trial court’s revocation of his probation. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Randall D.Bennett
The defendant, Randall D. Bennett, appeals the revocation of his probation, arguing that the trial court erred in revoking his probation based on the uncorroborated testimony of the defendant's probation officer. Following our review, we affirm the order of the trial court. |
Davidson | Court of Criminal Appeals |
