State of Tennessee v. Ronald Lyons, James Michael Usinger, Lee Harold Cromwell, Austin Gary Cooper, and Christopher Alan Hauser
Ronald Lyons, James Michael Usinger, Lee Harold Cromwell, Austin Gary Cooper, and Christopher Alan Hauser, Defendants, were named in a 302-count indictment by the Davidson County Grand Jury for multiple counts of forgery and fraudulently filing a lien for their role in filing a total of 102 liens against 42 different individuals with the office of the Tennessee Secretary of State. Defendant Cooper was also named in a second indictment for five additional counts of forgery and five additional counts of fraudulently filing a lien. Prior to trial, Defendant Hauser filed a motion to dismiss for improper venue. Defendants Cromwell and Cooper joined in the motion. The trial court denied the motion after a hearing. After a jury trial, each defendant was convicted as charged in the indictment. The trial court sentenced Defendant Cromwell to an effective sentence of twenty-five years; Defendant Cooper to an effective sentence of fifty years; Defendant Lyons to an effective sentence of twenty-two years; Defendant Usinger to an effective sentence of twenty-one years; and Defendant Hauser to an effective sentence of twenty years. After motions for new trial and several amended motions for new trial were filed, the trial court held a hearing. The trial court denied the motions in a lengthy and thorough written order. Each defendant appealed, raising various issues challenging their convictions and sentences. After deep review, we affirm the all judgments and all sentences. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael Patrick Sullivan and Deborah Clark Buckner, Alias
The Defendants, Michael Patrick Sullivan and Debra Clark Buckner, alias, appeal from their Knox County Criminal Court convictions for animal cruelty, for which they each received an effective sentence of eleven months, twenty-nine days, suspended to supervised probation. On appeal, the Defendants argue that Tennessee Code Annotated section 39-14-211 requiring a probable cause determination by a qualified livestock examiner is a condition precedent to an animal cruelty conviction and that the evidence was insufficient to establish the examiner’s qualifications in this case. Following our review, we conclude relative to co-defendant Sullivan that this court is without jurisdiction to consider his appeal because he was granted judicial diversion. Relative to co-defendant Buckner, we affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Kellum Jordan Williams and Kevin Raynard Forman
A Montgomery County jury convicted the defendants, Kellum Jordan Williams and Kevin Raynard Forman, of first degree premeditated murder, first degree felony murder, and especially aggravated kidnapping. The trial court merged the defendants’ convictions for premeditated murder and felony murder and imposed a sentence of life without the possibility of parole. The trial court imposed a sentence of twenty-five years for especially aggravated kidnapping to be served consecutively to the murder sentence. On appeal, both defendants challenge the sufficiency of the evidence. Defendant Williams also challenges the length of his sentence. Defendant Forman raises additional issues, asserting that the trial court erred when it: (1) denied his motion to sever; (2) denied his motion to suppress; and (3) admitted evidence in violation of Tennessee Rule of Evidence 404(b). After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Ariel K. Robinson, Christopher Duncan, and Timothy Shoffner
In this consolidated appeal, Cheatham County juries convicted the defendants, Ariel K. Robinson, Christopher A. Duncan and Timothy David Shoffner, of attempted second degree murder, aggravated arson, especially aggravated kidnapping, aggravated burglary, and theft of more than $2,500 but less than $10,000. The trial court sentenced the defendants to thirtyseven, seventy-eight and 162 years respectively. On appeal, Defendant Shoffner contends that: (1) the trial court erred when it denied his motion to dismiss because the indictment did not adequately charge him with the offense of attempted first-degree murder. Defendant Duncan contends that: (2) the trial court improperly denied his motion to suppress. Defendants Robinson and Shoffner contend that: (3) the State delayed their viewing of the evidence before trial. Defendants Duncan and Shoffner contend that: (4) the State failed to establish a sufficient chain of custody for certain physical evidence; (5) the trial court improperly admitted cell phone tower maps; and (6) the trial court erred when it did not instruct the jury on facilitation. Defendant Robinson contends that: (7) the trial court erred when it denied her impeachment request. All three defendants contend that: (8) the evidence is insufficient to sustain their convictions; and (9) the trial court erred when it sentenced them. After review, we affirm the trial court’s judgments. |
Cheatham | Court of Criminal Appeals | |
Terry R. Baker v. State of Tennessee
The Petitioner, Terry Ray Baker, pleaded guilty to aggravated robbery, and the trial court sentenced him to the agreed upon sentence of fifteen years of incarceration, to be served at 100%. The Petitioner filed a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. On appeal, the Petitioner contends that his guilty plea was not knowingly and voluntarily entered because at the time he entered his plea he was confused about whether his sentence would be served at 100% or 45%, and his counsel did not give him time to consider his options. After review, we affirm the post-conviction court’s judgment. |
Montgomery | Court of Criminal Appeals | |
David Jenkins v. State of Tennessee
Pro se Petitioner David Jenkins was originally charged with first degree premeditated murder and felony murder in the perpetration of especially aggravated kidnapping. The trial court granted a directed verdict on the felony murder charge, and the jury convicted the Petitioner of first-degree premeditated murder. State v. David G. Jenkins, No. M2016- 00270-CCA-R3-CD, 2017 WL 1425610, at *1 (Tenn. Crim. App. Apr. 21, 2017). The trial court sentenced the Petitioner to life imprisonment to be served consecutively to his sentence for a prior offense. The Petitioner later filed a petition for post-conviction relief, alleging numerous grounds of ineffective assistance of counsel, which was denied by the post-conviction court. In this appeal, the Petitioner claims the post-conviction court erred in denying relief. Upon our review, we affirm. |
Franklin | Court of Criminal Appeals | |
Terry Lynn King v. State of Tennessee
The Petitioner, Terry Lynn King, through counsel, appeals from the post-conviction court’s order summarily denying relief on his amended post-conviction petition challenging his 1985 death sentence for the first degree murder perpetrated in the simple kidnapping by confinement of Diana K. Smith. The Petitioner argues that (1) the prior violent felony aggravating circumstance applied in his case is unconstitutionally vague under Johnson v, United States, 576 U.S. 591 (2015); (2) the harmless error analysis utilized by the original post-conviction court and this court concerning the erroneous application of the felony murder aggravating circumstance is unconstitutional under Hurst v. Florida, 577 U.S. 92(2016); (3) the Petitioner is entitled to post-conviction relief on amended claims alleging that the State committed Brady violations at his original trial, that the use of his Grainger County conviction to establish the prior violent felony aggravating circumstance violated his constitutional rights, and that counsel committed ineffective assistance of counsel; (4) the post-conviction court’s summary denial of the amended postconviction petition violated the Petitioner’s right to due process; and (5) the cumulative effect of the errors resulted in a deprivation of constitutional rights. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Tony Lynn Clabough
Tony Lynn Clabough, Defendant, appeals from the trial court’s denial of an alternative sentence and imposition of a six-year sentence to be served in the Tennessee Department of Correction. Finding no abuse of discretion, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Ronda G. Fletcher
The Defendant, Ronda Fletcher, pleaded guilty to possession of methamphetamine with intent to sell and to possession of a Schedule II controlled substance, and she agreed to serve an effective eight-year sentence with six months in confinement and the remainder on probation. A revocation warrant was issued, and following a hearing, the trial court found that the Defendant violated the terms of her probation, revoked her probation, and ordered her to serve her sentence in confinement. On appeal, the Defendant contends that the trial court abused its discretion by ordering her to serve her sentence in confinement. Following our review, we affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. Colton Daniel Perryman
The Defendant, Colton Daniel Perryman, entered a no contest plea to two counts of voluntary manslaughter and one count of tampering with evidence. He agreed to serve a split-confinement sentence of two years in confinement and twelve years on supervised probation. A revocation warrant was issued, 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. On appeal, the Defendant contends that the trial court abused its discretion by ordering him to serve his sentence in confinement. We affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. Tanner Brady Burgess
Defendant, Tanner Brady Burgess, was indicted by the Montgomery County Grand Jury in a three-count indictment for premeditated first degree murder, possession of a firearm during the commission of a dangerous felony, and aggravated assault resulting in the victim’s death. Following a bench trial, the trial court found that the State had not proven beyond a reasonable doubt that Defendant’s shooting of the victim was the cause of the victim’s death. Accordingly, the trial court found Defendant guilty of the lesser-included offense of attempted voluntary manslaughter in Count 1, possession of a firearm during the commission of a dangerous felony in Count 2 and aggravated assault in Count 3. The court did not identify the element forming the basis for Defendant’s aggravated assault conviction in Count 3. Following a sentencing hearing, the trial court imposed an effective sentence of nine years’ incarceration. In this appeal as of right, Defendant contends that: 1) the evidence at trial was insufficient to sustain his conviction for attempted voluntary manslaughter because the proof did not establish beyond a reasonable doubt that Defendant intended to cause the victim’s death; and 2) the judgment of conviction in Count 3 incorrectly reflects a conviction for aggravated assault resulting in death, which carries a mandatory release eligibility of 75 percent, rather than aggravated assault resulting in serious bodily injury, which carries a standard release eligibility of 30 percent. Following our review, we affirm the judgments of the trial court in Counts 1 and 2; however, because of inconsistencies between the verdict as announced by the trial court, the sentence as announced at the sentencing hearing, and the sentence as recorded on the judgment form, we remand for clarification and entry of a corrected judgment form in Count 3. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Conner Waid Holcomb
The Defendant, Conner Waid Holcomb, pleaded guilty in the Knox County Criminal Court to statutory rape, a Class E felony. See T.C.A. § 39-13-506 (2018). Pursuant to a negotiated plea agreement, the Defendant received a two-year sentence, and the trial court granted the Defendant’s request for judicial diversion. On appeal, the Defendant contends that the court abused its discretion by placing him on the sexual offender registry during the diversionary period. We dismiss the appeal. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Douglas E. Linville
A jury convicted the Defendant, Douglas E. Linville, of possession of 0.5 grams or less of methamphetamine with intent to deliver in a drug-free zone, possession of Oxycodone with intent to deliver in a drug-free zone, possession of Xanax with intent to deliver in a drug free zone, simple possession of marijuana, and possession of drug paraphernalia. He received an effective twelve-year sentence. The Defendant appeals his conviction, arguing that the evidence was insufficient to support his convictions and that the trial court committed plain error by allowing a witness to testify about information the trial court previously ruled inadmissible. We affirm the trial court’s judgments, and we remand to the trial court for correction of the judgment form in count three in accordance with this opinion. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Weylin Trent Strode
The Defendant, Weylin Trent Strode, appeals the denial of his motion to withdraw his guilty plea, asserting that his plea should not be allowed to stand due to uncertainties regarding his mental competency at the time of the plea. Following our review, we affirm the judgment of the trial court denying the motion. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Jennifer Murray Jewell
The Defendant, Jennifer Murray Jewell, appeals the trial court’s order revoking her ten-year probationary sentence for theft of property valued at more than $60,000 but less than $100,000 after determining that she violated the conditions of her probation by committing a new theft. On appeal, the Defendant argues that the trial court abused its discretion when it found that the evidence was sufficient to support her probation revocation and when it ordered her to serve her original sentence in confinement without making “explicit findings about the efficacy of a probationary term with modified conditions.” After review, we affirm the trial court’s judgment. |
Williamson | Court of Criminal Appeals | |
Phillip Burgess v. State of Tennessee
The Petitioner, Phillip Matthew Burgess, appeals as of right from the Marshall County Circuit Court’s denial of his petition for |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Donnie Bridges
The Appellant, Donnie Bridges, was convicted in the Knox County Criminal Court of driving under the influence (DUI) per se, third offense, a Class A misdemeanor; simple possession of cocaine, a Class A misdemeanor; and driving on a revoked license, a Class B misdemeanor. After a sentencing hearing, the trial court sentenced him to eleven months, twenty-nine days for DUI to be served as 120 days in jail followed by supervised probation; eleven months, twenty-nine days for simple possession to be served on supervised probation consecutive to the DUI sentence; and six months for violating the driver’s license law to be served on supervised probation concurrently with the DUI sentence. On appeal, the Appellant contends that the trial court erred by refusing to dismiss the presentment or suppress his blood test results because the State failed to preserve his blood sample, that the trial court committed plain error by admitting the results of his blood test into evidence because the State failed to establish a chain of custody for his blood sample, and that the evidence is insufficient to support his convictions of DUI per se, third offense, and driving on a revoked license. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. John Christopher Schubert
A jury convicted the Defendant, John Christopher Schubert, of aggravated robbery, robbery, theft, tampering with evidence, resisting arrest, and disorderly conduct. The Defendant received an effective eighteen-year sentence. On appeal, the Defendant contends that the State presented insufficient proof regarding his identity, that his convictions for resisting arrest and disorderly conduct violate the prohibition against double jeopardy, that the trial court improperly admitted hearsay evidence, and that the trial court erroneously gave an instruction on flight. After a thorough review of the record, we discern no error and affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Morris L. Long, II
Defendant-Appellant, Morris Long, was convicted by a Dickson County jury of first-degree premeditated murder, Tenn. Code Ann. |
Dickson | Court of Criminal Appeals | |
Zachary J. Pence v. State of Tennessee
The Petitioner, Zachary Pence, was convicted of aggravated rape of a child, aggravated child abuse, and child abuse. See Tenn. Code Ann. §§ 39-13-531, -15-401, -15-402. He was subsequently sentenced to sixty years. Following denial of his direct appeal, the Petitioner filed a petition seeking post-conviction relief, alleging that trial counsel was ineffective based on the following grounds: (1) failing to prepare for trial and to prepare the Petitioner to testify at trial; (2) failing to investigate; and (3) failing to provide the Petitioner with audio recordings until the day prior to trial. Following our review, we affirm the judgment of the post-conviction court. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Regina Jackson
The defendant, Regina Jackson, appeals her Cheatham County Circuit Court jury conviction of second offense driving under the influence (“DUI”), arguing that the trial court erred by denying her motion to dismiss for lack of probable cause and by denying her a new trial based on newly discovered evidence. Discerning no error, we affirm. |
Cheatham | Court of Criminal Appeals | |
Terrell B. Johnson v. State of Tennessee
The petitioner, Terrell B. Johnson, 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. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Kenzie Anderson
A Davidson County jury found Defendant, Kenzi Eugene Anderson, guilty on two counts each of aggravated burglary, employing a firearm during the commission of a dangerous felony, and aggravated robbery, for which the trial court sentenced Defendant to an effective sentence of twenty-three years’ incarceration. On appeal, Defendant contends that the trial court abused its discretion by denying Defendant’s motion to sever defendants and by imposing an excessive sentence and that the trial court committed plain error by failing to sever his offenses for trial. Following a thorough review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Gary Wayne Bunch
The Appellant, Gary Wayne Bunch, pled guilty to two counts of theft under $1,000. The trial court sentenced him to concurrent sentences of ten years for each offense, and he was placed on supervised probation. Upon finding that the Appellant violated the conditions of his probation, the trial court revoked the Appellant’s probation and ordered him to serve his sentence in confinement. On appeal, the Appellant challenges the ruling of the trial court. Upon review, we affirm the judgment of the trial court. |
Campbell | Court of Criminal Appeals | |
State of Tennessee v. Gary Wayne Bunch - Concurring Opinion
I concur fully with the conclusion reached by the majority that there was evidence to support the trial court’s decision to revoke Defendant’s probation and to order Defendant to serve the balance of his original sentence in incarceration. I write separately to affirm my belief expressed in my concurring opinion in State v. Craig Dagnan, No. M2020- 00152-CCA-R3-CD, 2021WL 289010, at *3 (Tenn. Crim. App. Jan. 28, 2021), perm. app. filed, that once a determination is made that a defendant has violated the conditions of his or her probation, neither an additional hearing nor any additional findings are statutorily mandated of a trial court to determine the manner in which the original sentence should be served. Thus, there is no opportunity for an abuse of discretion when a “second exercise of discretion” is not required by either sections 40-35-310 or 40-35-311 of Tennessee Code Annotated. |
Campbell | Court of Criminal Appeals |
