State of Tennessee v. William David Marks
The defendant brings this interlocutory appeal in which he challenges the prosecutor's denial of pretrial diversion for simple assault and the trial court's denial of his certiorari petition. We conclude the prosecutor properly considered the need for deterrence for domestic violence, the defendant's lack of remorse and failure to take responsibility for his actions, and the seriousness of the offense and its impact upon the victim. However, we conclude the prosecutor wrongfully considered certain factors relating to domestic violence cases that have no application to the circumstances of this case, and wrongfully considered the defendant's depression for which he takes prescription medication. Accordingly, we reverse the order of the trial court and remand this matter to the district attorney general for further consideration in accordance with this opinion. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Cory James Martin
The defendant, Cory James Martin, was indicted for two counts of rape of a child and three counts of especially aggravated sexual exploitation of a minor. After granting a motion to suppress two incriminating statements made by the defendant prior to his arrest, the trial court permitted the state an application for permission to appeal under Rule 9 of the Tennessee Rules of Appellate Procedure. In this interlocutory appeal, the state asserts that the trial court erred by granting the motion to suppress. Because the defendant was not in custody at the time of the statements and Miranda warnings were not required, the judgment of the trial court is reversed and the cause is remanded for trial. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Shanta LaVett McKinney
The Defendant, Shanta Lavett McKinney, pled guilty to one count of automobile burglary; one count of theft over $1000; one count of misdemeanor assault; and one count of theft under $500. He was sentenced as a Range I standard offender to one year, six months for the auto burglary; three years for the theft over $1000; eleven months, twenty-nine days for the assault; and eleven months, twenty-nine days for the theft under $500, all sentences running concurrently. Under separate indictment, the Defendant pled guilty to four counts of aggravated burglary; one count of theft between $500 and $1000; and three counts of theft under $500. He was sentenced as a Range I standard offender to five years for each of the burglaries; one year six months for the theft over $500; and eleven months, twenty-nine days for each of the thefts under $500. These sentences were ordered to run concurrently with each other, but consecutively to the previously mentioned sentences, for an effective sentence of eight years in the Department of Correction. In this direct appeal the Defendant challenges both the length of his felony sentences and the trial court's denial of an alternative sentence. We affirm the judgment of the trial court. |
Tipton | Court of Criminal Appeals | |
John Wayne Slate, Sr. v. State of Tennessee
The Defendant, John Wayne Slate, Sr., appeals the trial court's summary dismissal of his second petition for post-conviction relief. The Defendant contends the trial court improperly dismissed his petition for post-conviction relief without an evidentiary hearing. We affirm the trial court's dismissal of the petition. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Timothy J. King
The defendant was indicted for second degree murder, convicted by a jury of the lesser-included offense of voluntary manslaughter, and subsequently sentenced to a term of six years. In this appeal, the defendant contends: (1) the evidence was insufficient to support his conviction; (2) the state improperly cross-examined him concerning his use of illegal drugs; (3) the district attorney committed prosecutorial misconduct in closing argument; (4) the trial court improperly instructed the jury concerning the weight to be given the defendant's testimony; and (5) the defendant's sentence was excessive. After a thorough review of the record, we affirm the judgment of the trial court in all respects. |
Grundy | Court of Criminal Appeals | |
State of Tennessee v. Jared Anthony Breaux
The defendant, who had three convictions for DUI, was incarcerated after the suspended portion of his most recent DUI sentence had been revoked because of a fourth arrest for DUI and his failure to report the new arrest to his probation officer. The following month, the defendant was released on a four-day furlough to attend his grandmother's funeral in Louisiana, and, apparently because of the late hour when the release occurred, the conditions of his release were not explained. Two hours later, the defendant was seen by a jail deputy at a nearby Hooter's Restaurant, as he drank a beer with his brothers, whom he had met there for the journey to Louisiana. Following a hearing, he was held in contempt of court for consuming an alcoholic beverage while on furlough and sentenced to ten days confinement to be served consecutively to the sentence for which he then was incarcerated. He timely appealed that ruling, arguing that since the conditions of the furlough had not been explained to him, the evidence was insufficient for the finding that he was in contempt of court. Upon our review, we affirm the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jessie Nelson Hodges
A Lauderdale County Grand Jury indicted the defendant for robbery, and following a trial, a Lauderdale County jury convicted the defendant of the offense charged. In this direct appeal, the defendant presents the following issues for our review: (1) whether sufficient evidence was presented at trial to support his conviction; (2) whether evidence introduced at trial was illegally obtained in contravention of the defendant's Fourth Amendment rights; (3) whether the defendant was deprived of an "independent analysis of the evidence"; and (4) whether the trial court improperly instructed the jury. Finding no error in the record, we affirm the defendant's conviction. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Damond Lavonzell Macon and Kenneth Ray Woods
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Madison | Court of Criminal Appeals | |
State of Tennessee v. Ben Mills
The defendant, Ben Mills, was convicted of one count of first degree premeditated murder, one count of felony murder, one count of aggravated robbery and two counts of attempted first degree murder. The trial court merged the murder convictions and imposed a sentence of life imprisonment. For the remaining convictions, the trial court imposed sentences as follows: eight years as a standard, Range I offender for aggravated robbery to be served concurrently with the life sentence, and 15 years as a standard, Range I offender for each attempted first degree murder conviction to be served concurrently to each other but consecutively to the sentences for first degree murder and aggravated robbery. The effective sentence, therefore, is life plus 15 years. In this appeal as of right, the defendant contends (1) that the evidence was insufficient to support his convictions; (2) that the trial court erred by failing to instruct the jury regarding all of the lesser included offenses of felony murder; and (3) that the trial court erred by failing to instruct the jury on intoxication. The judgments of the trial court are affirmed. The judgment for first degree murder is modified to reflect that the conviction for felony murder is merged into the conviction for premeditated first degree murder. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jacquie Upchurch Giardina
Convicted by a jury of third-offense driving while under the influence (DUI), the defendant, Jacquie Upchurch Giardina, challenges on appeal the sufficiency of the convicting evidence and her sentence of eleven months and 29 days to be served in confinement. Discerning no error, we affirm the conviction and the sentence. |
Hawkins | Court of Criminal Appeals | |
Yasmond Fenderson v. State of Tennessee
The petitioner, Yasmond Fenderson, filed a petition for post-conviction relief to challenge his Knox County convictions of second-degree murder and conspiracy to commit second-degree murder. The post-conviction court conducted an evidentiary hearing but denied post-conviction relief. The petitioner appeals and claims the ineffective assistance of trial counsel. Finding that the record supports the post-conviction court's denial of relief, we affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Gregory Scott Payne
Defendant, Gregory Scott Payne, was indicted by a Davidson County Grand Jury for one count of sexual battery, one count of attempted rape, and two counts of rape. Following a trial, the jury found defendant guilty of one count of sexual battery, a Class E felony, as a lesser-included offense of one of the rape charges, and not guilty of the remaining offenses. The trial court subsequently sentenced defendant as a standard Range I offender to two years in confinement. In this appeal, defendant asserts that (1) the evidence was insufficient to support his conviction, and (2) the trial court erred by denying his motion to strike the victim's testimony or declare a mistrial (based on the failure of the police to produce the taped recording of the victim's statement). Defendant also contends that the trial court erred by imposing the maximum sentence length and by denying him probation or any other form of alternative sentencing. After reviewing the record, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Brian Roberson v. State of Tennessee
The petitioner appeals the trial court's denial of his petition for post-conviction relief. He claims that he received ineffective assistance of counsel. After review, we affirm the judgment of the post-conviction court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Jesse R. Scruggs
The defendant was convicted of DUI and driving in violation of a Habitual Traffic Offender Order. Based upon our review of the record, we conclude that there is sufficient evidence corroborating the defendant's statement that he was driving. Furthermore, the trial court is presumed to have fulfilled its role as thirteenth juror when, as in the instant case, the trial court overrules a defendant's motion for new trial without comment. The judgment of the trial court is affirmed |
Williamson | Court of Criminal Appeals | |
Gregory Pigg v. State of Tennessee
The petitioner originally pled guilty to aggravated rape and, by agreement, was sentenced to fifteen years imprisonment. Petitioner timely sought post-conviction relief, which was denied by the post-conviction court. In this appeal, the petitioner contends he received ineffective assistance of counsel. We disagree and affirm the judgment of the post-conviction court. |
Wayne | Court of Criminal Appeals | |
Bradford D. Darnbush v. State of Tennessee
The petitioner appeals the trial court's summary dismissal of his post-conviction relief petition. The issue presented for appeal is whether the petitioner's post-conviction petition is barred by the statute of limitations. The judgment of the trial court is affirmed. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Randall Taylor
Defendant contends there was insufficient evidence to support the conviction for driving on a revoked license. We disagree and affirm the trial court's judgment |
Franklin | Court of Criminal Appeals | |
State of Tennessee v. Terrance Burke
The defendant was convicted of intentionally evading arrest in an automobile, a Class E felony. The trial court sentenced the defendant as a career offender to six years incarceration. The defendant now appeals, arguing that the trial court erred by classifying him as a career offender. Concluding that the evidence was insufficient to support the trial court's determination that the defendant is a career offender, we reverse the judgment of the trial court and remand for re-sentencing. |
Shelby | Court of Criminal Appeals | |
Russell Lane Overby v. State of Tennessee
The appellant, Russell Lane Overby, appeals from the Hardin County Circuit Court's dismissal of his petition for post-conviction relief. On December 8, 1997, Overby was found guilty of rape by a Hardin County jury, and was sentenced to a term of twelve years in the Department of Correction. In this collateral attack of his rape conviction, Overby alleges that he received ineffective assistance of counsel, both at trial and on direct appeal. After review, we find no error and affirm the judgment of the post-conviction court. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Kardius Wilks
The appellant, Kardius Wilks, was convicted by a Shelby County jury of first degree murder and sentenced to life imprisonment. On appeal, Wilks contends that the evidence presented at trial was insufficient to support his first degree murder conviction because the State failed to prove that the murder was premeditated and intentionally committed. After review, we find no error and affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Larry Brooks
The defendant, Larry Brooks, was convicted by a jury of aggravated robbery, aggravated assault, aggravated burglary, vandalism, and theft up to $500. The defendant was subsequently sentenced as a Range III, persistent offender to twenty years for the robbery, ten years for the assault, ten years for the burglary, and eleven months, twenty-nine days for each of the misdemeanors, all sentences to run concurrently. In this direct appeal the defendant raises four issues: (1) whether the trial court erred in denying his motion to suppress; (2) whether the evidence is sufficient to support his convictions; (3) whether the trial court erred in sentencing the defendant more than forty-five days after the jury verdict; and (4) whether the trial court erred in classifying the defendant as a persistent offender in imposing sentence. Finding that principles of double jeopardy prohibit the defendant's convictions for aggravated assault and theft, we reverse and dismiss those convictions. In all other respects, we affirm the judgment of the trial court. |
Crockett | Court of Criminal Appeals | |
State vs. Andre Neely
After the defendant's arrest for first degree murder and attempted first degree murder, a Shelby County General Sessions Court conducted a preliminary hearing to determine if there was probable cause to support his arrest. At the conclusion of the preliminary hearing, the court dismissed the defendant's case. However, a Shelby County grand jury later indicted the defendant for first degree murder and two counts of attempted first degree murder. Pursuant to a jury trial, the defendant was found guilty of one count of second degree murder and two counts of attempted second degree murder. Accordingly, the trial court sentenced the defendant to serve twenty years in confinement. The defendant now brings this appeal, challenging his conviction on the basis that (1) he was denied an opportunity to review the preliminary hearing tape, which was destroyed, and that (2) the trial court refused to admit certain testimony to cure this deficiency. After reviewing these claims, we find that neither of them merit relief. Accordingly, we affirm the defendant's convictions. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Robert Carl Harbison, Jr.
The defendant was convicted of reckless aggravated assault and sentenced as a Standard Range I offender to two (2) years, with all but ten (10) days suspended. Viewing the evidence in the light most favorable to the State, we conclude there is sufficient evidence to support the jury's finding that the defendant acted recklessly in causing serious bodily injury to the victim. However, applying the appropriate factors for consideration, we conclude that the defendant is eligible for judicial diversion, and there is no substantial evidence to support the trial court's denial of the defendant's request for judicial diversion. Accordingly, the judgment of the trial court is affirmed in part and reversed and remanded in part. |
Maury | Court of Criminal Appeals | |
Laythaniel Haney, Sr. v. State of Tennessee
The Petitioner was convicted by a Cocke County jury of seven counts of selling cocaine and one count of simple possession of marijuana. The trial court imposed an effective sentence of thirty-six years in the Tennessee Department of Correction. The convictions and sentence were affirmed on direct appeal. The Petitioner subsequently filed a petition for post-conviction relief, arguing that he received ineffective assistance of counsel at trial. Following a hearing, the trial court denied postconviction relief, and this appeal ensued. Concluding that the Petitioner received effective assistance of counsel at trial, we affirm the judgment of the trial court. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Danny Trout
The defendant was convicted by a Davidson County jury of DUI. In this appeal, he alleges the Vehicular Crimes Grand Jury, which was convened in Davidson County to consider only vehicle-related crimes, was illegally empaneled. He further contends the investigatory stop of his automobile was improper. We affirm. |
Davidson | Court of Criminal Appeals |
