State of Tennessee v. John Calvin Murray
The Defendant, John Calvin Murray, appeals the trial court’s dismissal of his “Motion for Rule 36 Clerical Mistakes” and denial of his motion to reconsider, which he argues should be liberally construed as a motion to correct an illegal sentence, asserting that he was not awarded all the credits for time served in the community corrections program to which he was entitled. Upon reviewing the record and applicable law, we dismiss the appeal. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Donald Ray Pennington, Jr.
The Bradley County Grand Jury indicted Defendant, Donald Ray Pennington, Jr., for two counts of rape of a child. Following a trial, a jury found Defendant guilty of rape of a child in count 1 and the lesser-included offense of aggravated sexual battery in count 2. On appeal, Defendant asserts that: (1) the evidence is insufficient to support his conviction for rape of a child; (2) he is entitled to relief under plain error due to prosecutorial misconduct; and (3) the trial court erred in imposing consecutive sentences. Following a thorough review of the record and applicable law, we affirm the judgments of the trial court. |
Bradley | Court of Criminal Appeals | |
Aaron Reinsberg v. State of Tennessee
The petitioner, Aaron Reinsberg, appeals the denial of his petition for post-conviction relief, which petition challenged his convictions of rape, assault, and official misconduct, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
Darius Jones v. State of Tennessee
The petitioner, Darius Jones, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial and on appeal. Following our review, we affirm the post-conviction court’s denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Vernon Lee Ivey
The Defendant, Vernon Lee Ivey, pled guilty in the Campbell County Criminal Court to aggravated burglary, a Class C felony; theft of property valued over $2,500, a Class D felony; burglary, a Class D felony; two counts of theft of property valued over $1,000 but less than $2,500, a Class E felony; one count of automobile burglary, a Class E felony; and four counts of theft of property valued $1,000 or less, a Class A misdemeanor, and was sentenced by the trial court to an effective term of thirty years in the Department of Correction. On appeal, he argues that the trial court erred by misclassifying him as a career offender for the Class D and E felonies, by imposing an excessive sentence, and by ordering a sentence of confinement rather than probation or other alternative sentencing. Following our review, we affirm the sentences as imposed by the trial court. |
Campbell | Court of Criminal Appeals | |
State of Tennessee v. Tyler Ward Enix
Tyler Ward Enix, Defendant, was indicted for three counts of first degree felony murder, one count of premeditated first degree murder, one count of especially aggravated robbery, one count of especially aggravated kidnapping, and one count of carjacking. The trial court dismissed the kidnapping and carjacking counts at the State’s request. After a jury trial, Defendant was found not guilty of felony murder. The jury found Defendant guilty of first degree premeditated murder and especially aggravated robbery. After the jury deadlocked on a sentence for first degree murder, the trial court imposed a life sentence. After a separate sentencing hearing, the trial court ordered Defendant to serve a consecutive twenty-five-year sentence for especially aggravated robbery. The trial court denied a motion for new trial and this appeal followed. On appeal, Defendant raises the following issues: (1) the evidence was insufficient to support the convictions for first degree murder and especially aggravated robbery; (2) the State made improper statements during closing argument; (3) the State made improper statements during opening statements; (4) the trial court improperly admitted hearsay evidence; (5) the trial court abused its discretion in admitting multiple photographs of the victim’s body; (6) the trial court erred by denying a motion for change of venue; (7) the trial court erred in refusing to give a definition of passion to the jury; and (8) cumulative errors After a thorough review of the record and applicable authorities, we affirm Defendant’s convictions and sentences. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Bobby Joe Patrick
A Grundy County jury convicted the Defendant, Bobby Joe Patrick, of two counts of rape of a child, and the trial court sentenced him to a total effective sentence of sixty-seven years. On appeal, the Defendant contends that the trial court erred when it allowed the State to introduce evidence of prior bad acts that should have been excluded pursuant to Tennessee Rule of Evidence 404(b). The Defendant also contends that the trial court erred when it instructed the jury on “generic evidence.” After review, we affirm the trial court’s judgments. |
Grundy | Court of Criminal Appeals | |
State of Tennessee v. Demon L. Adkins
The Defendant, Demon L. Adkins, was convicted after a jury trial of two counts of possessing contraband in a penal institution, and he received an effective fifteen-year sentence as a career offender. On appeal, the Defendant argues that his convictions are invalid because the indictment erroneously stated the incorrect mens rea and because the verdict forms and jury instructions conflated the crime of possessing contraband in a penal institution and introducing contraband into a penal institution. He also asserts that the savings statute operates to entitle him to a lesser punishment. We conclude that he is not entitled to reversal of his convictions but that the savings statute applies to provide a lesser penalty. Accordingly, the convictions are affirmed, the sentences are reversed, and the case is remanded for resentencing. |
Davidson | Court of Criminal Appeals | |
Sate of Tennessee v. William Alan Ladd
The Defendant, William Alan Ladd, appeals his convictions for aggravated sexual battery and sexual exploitation of a minor by electronic means, for which he received an effective eight-year sentence. On appeal, the Defendant contends that the evidence is insufficient to support his convictions and that the trial court erred in excluding extrinsic evidence of a prior statement by the victim. We affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Thomas Byrd
The Defendant, Thomas Byrd, was convicted by a Knox County Criminal Court jury of two counts of possession of .5 grams or more of a Schedule II controlled substance (cocaine) with the intent to sell/deliver within 1000 feet of a child care agency, a Class B felony; possession of a firearm during the commission of a dangerous felony, a Class D felony; possession of a Schedule VI controlled substance (marijuana), possession of a Schedule IV controlled substance (Alprazolam), and possession of a Schedule II controlled substance (oxycodone), all Class A misdemeanors; and criminal impersonation, a Class B misdemeanor. The trial court sentenced him as a Range I offender to an effective term of twelve years in the Department of Correction. On appeal, the Defendant argues that the trial court erred by denying his motion to suppress evidence found during the search of his person and that the evidence is insufficient to sustain the felony convictions. Following our review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
O'Neal Johnson v. State of Tennessee
O’Neal Johnson, Petitioner, appeals from the post-conviction court’s denial of post-conviction relief. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. William Gossett
Defendant, William Gossett, was charged in twelve separate indictments with 26 offenses, including multiple counts of aggravated rape, aggravated robbery, aggravated burglary, employment of a firearm, and theft of property. Defendant pleaded guilty to all 26 counts, with the trial court to determine his sentencing. Following a sentencing hearing, Defendant received a total effective sentence of 371 years’ incarceration. The sole issue on appeal is whether the trial court properly treated Defendant’s 1999 juvenile adjudications for rape of a child, where there were two victims, as multiple offenses for the purposes of determining Defendant’s offender classification at sentencing. Having reviewed the record and the briefs of the parties, we find no error and affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. William Gossett -Concur
I concur in affirming the sentences in this case, but I write separately to emphasize the danger of expansive, even over-broad locution and reliance upon such locution in place of legal analysis tailored to the facts and issues in each particular case. The majority has concluded that the offense of child rape inherently embraces the elements of serious bodily injury, bodily injury, or the threat to cause serious bodily injury or bodily injury such that the 24-hour rule contained in Tennessee Code Annotated sections 40-35-106, -107 does not apply. For the majority, this conclusion is buttressed, at least in part, by language expressed in State v. Kissinger, 922 A.W.2d 482 (Tenn. 1996), and State v. Edward Earl Huddleston, No. 02C01-9706-CC-00228, 1998 WL 67684 (Tenn. Crim. App., at Jackson, Feb. 20, 1998). |
Shelby | Court of Criminal Appeals | |
Antwain Tapaige Sales v. State of Tennessee
Petitioner, Antwain Tapaige Sales, filed a petition for writ of habeas corpus seeking relief from his convictions for second degree murder and attempted second degree murder. The trial court summarily dismissed the petition. Petitioner appealed. Because the notice of appeal was untimely, we dismiss the appeal. |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. Marques D. Wheeler
Defendant, Marques D. Wheeler, was indicted by the Knox County Grand Jury for two counts of unlawful possession of a weapon and one count of reckless homicide. Pursuant to a negotiated plea agreement, Defendant pleaded guilty to reckless homicide and received an agreed-upon sentence of ten years for his conviction with the manner of service of his sentence to be determined by the trial court. The trial court dismissed Defendant’s unlawful possession of a weapon charges. Following a sentencing hearing, the trial court denied Defendant’s request for split confinement and ordered Defendant to serve his sentence incarcerated. Defendant appeals. Upon review, we affirm the judgment of the trial court but remand the matter for entry of a judgment form for count two. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Corey Forest
Following a bench trial, the trial court judge convicted the Defendant, Corey Forest, of possession of over .5 grams of cocaine with intent to sell and possession of a firearm during the commission of a dangerous felony and imposed an effective sentence of eleven years in the Tennessee Department of Correction. On appeal, the Defendant asserts that the trial court erred when it denied his motion to suppress evidence found during a search of his vehicle. After review, we affirm the trial court’s judgments. |
Maury | Court of Criminal Appeals | |
Anthony Jackson v. State of Tennessee
A Shelby County jury convicted the Petitioner, Anthony Jackson, of attempted voluntary manslaughter, employing a firearm with intent to commit a felony, and being a felon in possession of a firearm. The trial court sentenced the Petitioner to an effective sentence of forty-two years. This court affirmed his convictions and sentence on appeal. State v. Anthony Jackson, No. W2015-01403-CCA-R3-CD, 2016 WL 4147419 (Tenn. Crim. App., at Jackson, Aug. 2, 2016), no perm. app. filed. The Petitioner filed a petition for |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Anwar Ghazali
The Defendant, Anwar Ghazali, was convicted by a jury of second-degree murder and sentenced to twenty-two years imprisonment. See Tenn. Code Ann. § 39-13-210(a)(1). On appeal, the Defendant contends the evidence was insufficient to sustain his conviction based on the following: (1) the substantial two-day delay between the time of the alleged incident and the discovery of the body; (2) the State’s failure to establish that the victim was missing during the two days; (3) and a lack of evidence proving the Defendant shot and killed the victim when the alleged incident occurred in an area where shootings were common. Following our review, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kelly Brooke Frye
Aggrieved of her Sullivan County Criminal Court jury conviction of making a false report, see T.C.A. § 39-16-502, the defendant, Kelly Brooke Frye, appeals. The defendant challenges the sufficiency of the convicting evidence and the propriety of the sentence originally imposed as well as the trial court’s denial of her motion, filed pursuant to Tennessee Rule of Criminal Procedure 35, to reduce her sentence. She also alleges that she was deprived of her constitutional rights to a public trial, to trial by an impartial jury, and to the effective assistance of counsel at trial. Discerning no error, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Douglas E. Alvey
Defendant, Douglas E. Alvey, was indicted by the Rhea County Grand Jury for first degree premeditated murder, vehicular homicide, and leaving the scene of an accident resulting in injury or death. By motion of the State, the trial court dismissed the charge of vehicular homicide. A jury convicted Defendant as charged on the remaining counts, and the trial court imposed a life sentence for Defendant’s first degree murder conviction and a sentence of two years, to be served concurrently, for his leaving the scene of an accident conviction. Defendant appeals his first degree murder conviction, asserting that the evidence at trial of premeditation was not sufficient to support his conviction. Having reviewed the entire record and the briefs of the parties, we conclude that the evidence is sufficient to sustain Defendant’s conviction. |
Rhea | Court of Criminal Appeals | |
State of Tennessee v. Stephen L. Purcell, Jr.
A Lawrence County jury convicted the Defendant, Stephen L. Purcell, Jr., of felony reckless endangerment, aggravated assault, especially aggravated kidnapping, aggravated burglary, auto burglary, and theft of property valued at more than $10,000. The trial court imposed an effective twenty-year sentence to be served in the Tennessee Department of Correction. On appeal, the Defendant argues that the evidence was insufficient to support his convictions for reckless endangerment, aggravated assault, and especially aggravated kidnapping. After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. Bradley Robinson
Defendant, Bradley Robinson, appeals his Knox County convictions for facilitation of first degree felony murder and facilitation of especially aggravated robbery, for which he received an effective sentence of thirty-seven years to serve in the Tennessee Department of Correction. On appeal, Defendant contends that the evidence presented at trial was insufficient to establish his guilt beyond a reasonable doubt. Following a thorough review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Howard Burnett v. State of Tennessee
The petitioner, Howard Burnett, appeals the denial of his petition for post-conviction relief, which petition challenged his conviction of first degree murder, alleging that he was deprived of the effective assistance of counsel. Because the petitioner failed to show that he was prejudiced by trial counsel’s representation, we affirm the denial of post-conviction relief. |
Knox | Court of Criminal Appeals | |
Marcus Thurman Wade v. State of Tennessee
The Petitioner, Marcus Thurman Wade, filed for post-conviction relief from his two convictions of first degree murder and one conviction of especially aggravated robbery, arguing that he received the ineffective assistance of counsel. The post-conviction court denied the petition. On appeal, the Petitioner contends that trial counsel was ineffective by (1) advising the Petitioner not to testify; (2) failing to request a psychological evaluation of the Petitioner; (3) failing to introduce at the suppression hearing proof of the Petitioner’s mental capacity; (4) failing to challenge the racial composition of the jury venire; (5) failing to request funds for expert witnesses; (6) failing to investigate and review motel camera footage; and (7) failing to file a motion in limine to block evidence of the Petitioner’s drug transactions. Upon review, we affirm the judgment of the post-conviction court. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Steven Michael Simpson
The defendant, Steven Michael Simpson, appeals his Knox County Criminal Court jury conviction of first degree felony murder, arguing that the evidence was insufficient to support his conviction. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals |
