William Rolandus Keel v. State of Tennessee
A Davidson County jury convicted the Petitioner, William Rolandus Keel, of two counts of rape of a child, and the trial court ordered consecutive thirty-year sentences for each conviction, for an effective sentence of sixty years in the Tennessee Department of Correction. On appeal, this court affirmed the judgments. State v. William Rolandus Keel, No. M2016-00354-CCA-R3-CD, 2017 WL 111312 (Tenn. Crim. App., at Nashville, Jan. 11, 2017), perm. app. denied (Tenn. April 13, 2017). The Petitioner timely filed a pro se post-conviction petition and an amended petition through appointed counsel. After hearings on the petition, the post-conviction court denied relief. On appeal, the Petitioner asserts that the post-conviction court failed to provide him a full and fair post-conviction hearing. He further maintains that trial counsel rendered ineffective assistance of counsel. After review, we affirm the post-conviction court on the Petitioner’s various motions, but conclude that the post-conviction court improperly limited the Petitioner’s right to testify at the third part of the post-conviction hearing. Accordingly, we remand the case for a hearing to allow the Petitioner the opportunity to provide testimony concerning the allegations in his petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Anthony Lee Smith
The defendant, Anthony Lee Smith, appeals the Hamilton County Criminal Court’s order revoking his probation and ordering him to serve the 10-year sentence imposed for his theft conviction in confinement. Discerning no error, we affirm. |
Hamilton | Court of Criminal Appeals | |
Micah Ross Johnson v. State of Tennessee
The Petitioner, Micah Ross Johnson, challenges the denial of his petition for post-conviction relief, wherein he attacked his jury convictions for first degree murder and especially aggravated robbery. On appeal, the Petitioner raises numerous grounds of ineffective assistance of counsel; in addition, he raises an allegation of cumulative error based upon counsel’s ineffectiveness. Having reviewed the entire record and the briefs of the parties, we are constrained to agree with the Petitioner that the post-conviction court failed to make sufficient findings of fact and conclusions of law to enable appellate review of all his claims. Accordingly, we reverse the judgment of the post-conviction court and remand this case for proceedings consistent with this opinion. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Nathan Lamar Swanson, Jr.
The Appellant, Nathan Lamar Swanson, Jr., pled guilty to attempted possession of a firearm by a felon, aggravated kidnapping, aggravated assault, and possession of a Schedule IV controlled substance with the intent to sell. The Appellant was given a total effective sentence of fourteen years as a Range I offender. The Appellant subsequently filed a pro se motion seeking to withdraw his guilty plea. Upon being appointed counsel, the Appellant filed an amended motion seeking to withdraw his guilty plea, alleging that trial counsel failed to adequately investigate the charges and to advise the Appellant as to a viable defense, resulting in an unknowing, involuntary plea. The trial court denied relief, and the Appellant appeals. Following our review, we affirm. |
Knox | Court of Criminal Appeals | |
Patrick Bumpus v. State of Tennessee
The Petitioner, Patrick Bumpus, appeals the denial of his motion to withdraw his guilty pleas and his petition for post-conviction relief. He asserts various allegations of ineffective assistance of counsel, challenges the knowing and voluntary nature of his pleas, and alleges that the State “breached the contract of [his] involuntary plea[s.]” After review, we affirm the judgments of the post-conviction court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Steven King
The Defendant, Steven King, appeals from the Shelby County Criminal Court’s denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. On appeal, he contends that the trial court erred in denying his motion because his sentence of life plus twenty-five years was illegal pursuant to Miller v. Alabama, 567 U.S. 460 (2012), which held that a mandatory sentence of life without parole for a juvenile defendant violates the Eighth Amendment. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Tareaun Griffin
Defendant, Tareaun Griffin, is appealing the trial court’s denial of his motion to correct an illegal sentence filed pursuant to Rule of Criminal Procedure Rule 36.1 The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Terry William Smith
The defendant, Terry William Smith, appeals his 2019 Hamilton County Criminal Court jury convictions of speeding, failure to obey a traffic control signal, reckless endangerment, evading arrest, violating the open container law, and driving under the influence, arguing that the evidence was insufficient to support some of his convictions and that the trial court erred by ordering a sentence of split confinement. We affirm the defendant’s convictions, the imposition of a two-year effective sentence, and the trial court’s decision to order split confinement. Because the confinement term of the split confinement sentence exceeds that allowed under the terms of Code section 40-35-501(a)(3), we modify the term of confinement and remand the case for the entry of corrected judgment forms reflecting the modified sentence and the proper place of confinement. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Janice A. Campbell
As part of a guilty plea to driving under the influence (“DUI”), Defendant, Janice A. Campbell, reserved a certified question for appeal pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(A). She asks this Court to determine whether her arrest for DUI in a private home without a warrant violated Tennessee Code Annotated section 40-7-103 when Defendant was arrested without being seen by an officer operating the vehicle in question and no vehicle accident was involved. After a review, we determine that the certified question is not dispositive. Consequently, the appeal is dismissed. |
Franklin | Court of Criminal Appeals | |
Christopher M. Ferrell v. State of Tennessee
Petitioner, Christopher M. Ferrell, appeals from the denial of his petition for post-conviction relief from his 2015 conviction for second degree murder. Petitioner contends that he received the ineffective assistance of counsel at trial and on direct appeal. Following our review of the record, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. David Charles Gambrell
David Charles Gambrell, Defendant, was indicted for five counts of statutory rape by an authority figure and two counts of sexual battery by an authority figure based on allegations made by his fifteen-year-old stepdaughter. Defendant pled guilty to amended charges of four counts of aggravated statutory rape with the trial court to determine the length and manner of service of the sentence. The remaining counts were nolle prossed. After a sentencing hearing, the trial court denied Defendant’s request for judicial diversion, ordering him to serve four years in incarceration for each conviction, with the sentences to be served consecutively, for a total effective sentence of sixteen years. Defendant appeals his sentences. After a review, we affirm the judgments of the trial court. |
Sumner | Court of Criminal Appeals | |
STATE OF TENNESSEE v. TOMMY C. SIMPSON, JR.
Pursuant to a plea agreement, Tommy Charles Simpson, Jr., Defendant, pled guilty to one count of sexual exploitation of a minor reserving a certified question for appeal in which he asserts that the trial court erred in denying his motion to suppress. Defendant argues that a state-licensed private security guard’s seizure of Defendant’s cell phone constituted “state action,” violating his Fourth Amendment rights. Following a thorough review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Quantorius Rankins
Defendant, Quantorius Rankins, entered a best interest plea pursuant to Hicks v. State, 945 S.W.2d 706 (Tenn. 1997) to statutory rape. The agreement provided that the trial court would conduct a sentencing hearing to determine if Defendant would be granted judicial diversion and to determine if Defendant would be required to register as a sex offender. Following the sentencing hearing, the trial court denied judicial diversion, ordered Defendant to register as a sex offender, and imposed an out-of-range sentence of six years’ probation pursuant to the plea agreement. Defendant appeals the trial court’s decision. Finding no error, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Robert Thomas
The Defendant, Robert Thomas, entered guilty pleas to facilitation of attempted especially aggravated robbery and possession of marijuana with intent to sell. The Defendant requested probation and judicial diversion. The trial court held a hearing and sentenced the Defendant to concurrent sentences of six years of probation for the facilitation of attempted especially aggravated robbery conviction and “one year and time served” for the drug conviction. The trial court denied judicial diversion, and the Defendant appeals. We conclude that the trial court did not abuse its discretion in denying diversion, and we affirm the judgments and remand for correction of the various judgment forms. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Andre Cabrere
The defendant, Andre Cabrere, appeals the trial court’s entry of corrected judgment forms removing pretrial jail credits from two of the defendant’s consecutive sentences without providing the defendant notice prior to doing the same. The defendant claims the pretrial credits were part of his negotiated plea agreement. However, based on our review of the record and the briefs of the parties, it is unclear whether the awarding of pretrial credits was part of the defendant’s negotiated plea or a clerical error such that the trial court had the authority to amend the judgments under Tennessee Rule of Criminal Procedure 36. Accordingly, we reverse the judgments of the trial court and remand the case to allow the defendant the opportunity to respond and present proof of his claim. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Edward Walsh
In October of 2015, Defendant, Edward Walsh, was indicted by the Clay County Grand Jury for first degree murder, abuse of a corpse, tampering with evidence, and theft of property. The theft of property charge was severed, and the tampering with evidence charge was nolled before trial. After a jury trial, Defendant was found guilty of first degree murder and abuse of a corpse. The trial court sentenced Defendant to life imprisonment for the murder conviction and a concurrent two-year sentence for the abuse of a corpse conviction. On appeal, Defendant argues that the trial court erred in not severing the offenses of first degree murder and abuse of a corpse, that the trial court erred in admitting hearsay, that the trial court was not impartial, that the State’s closing argument was based on inferences from facts not in evidence, and that evidence was insufficient to prove first degree murder. After a thorough review of the record, we affirm the judgments of the trial court. |
Clay | Court of Criminal Appeals | |
Ronallen Hardy v. State of Tennessee
In this consolidated appeal, Petitioner, Ronallen Hardy, appeals the summary dismissal of his petitions for post-conviction and error coram nobis relief after being convicted of first degree murder, felony murder, especially aggravated robbery, aggravated burglary, conspiracy to commit especially aggravated robbery, and conspiracy to commit aggravated burglary and resulting sentence of life without parole. See State v. Ronallen Hardy, M2008-00381-CCA-R3-CD, 2009 WL 2733821, at *1 (Tenn. Crim. App. Aug. 31, 2009), no perm. app. filed. The trial court merged the murder convictions and this Court merged the conspiracy convictions on direct appeal. Id. After a review of the record, the parties’ briefs, and applicable authorities, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Cortez Lebron Sims
The Defendant, Cortez Lebron Sims, was convicted by a Hamilton County jury of one count of first degree premeditated murder, three counts of attempted first degree murder, and one count of employing a firearm during the commission of a dangerous felony. The trial court imposed a sentence of life for the first degree murder conviction as well as concurrent sentences of twenty-five years for each attempted first degree murder conviction and a consecutive sentence of six years for the employing a firearm conviction. On appeal, the Defendant argues that the trial court erred by: (1) denying the Defendant’s motion for a change of venue; (2) admitting evidence related to a photographic lineup and an unavailable witness’s prior identification of the Defendant; (3) admitting a gang validation form showing the Defendant’s gang membership; (4) admitting a jail phone call between the Defendant and a third party; (5) admitting evidence of a gun and shell casings that were later determined to be unrelated to this case; (6) admitting a bloody onesie worn by the infant victim in this case; and (7) admitting evidence related to gang violence and an on-going gang feud. Upon our review of the record, we determine that the trial court did not commit reversible error and affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
STATE OF TENNESSEE v. JESSE L. DABBS
The pro se petitioner, Jesse L. Dabbs, appeals the Davidson County Criminal Court’s summary dismissal of his motion to correct an illegal sentence, filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Otis Lamar Taylor
The defendant, Otis Taylor, appeals the order of the trial court revoking his probation and ordering him to serve his original three-year sentence in confinement. Upon review of the record, we conclude the trial court did not abuse its discretion in finding the defendant violated the terms of his probation, and the imposed sentence is proper. Accordingly, the judgment of the trial court is affirmed. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Fallon Jenkins Moore
A Sullivan County General Session Court found the defendant, Fallon Jenkins Moore, guilty of driving under the influence in violation of Tennessee Code Annotated section 55- 10-401. The defendant appealed the judgment to the Criminal Court for Sullivan County and filed a suppression motion, arguing the police did not have reasonable suspicion to justify her initial seizure. The trial court granted the defendant’s motion, and the State appealed, asserting the defendant’s seizure was supported by reasonable suspicion. Upon our review of the record, arguments of the parties, and pertinent authorities, we agree with the State and reverse the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Willie Nathan Jones
In February 2016, the Putnam County Grand Jury indicted Defendant, Willie Nathan Jones, for first degree premeditated murder and first degree felony murder in the death of Rodney Richards and for attempted first degree murder of Stacy Maynard. Following a trial in April 2018, a jury found Defendant guilty of the lesser-included offenses of second degree murder and attempted second degree murder, for which Defendant received an effective sentence of thirty-seven years’ incarceration. On appeal, Defendant contends that: (1) the evidence was insufficient to support his convictions; (2) the trial court erred by repeatedly referring to Mr. Richards and Ms. Maynard as “victims” throughout trial; (3) the trial court violated Defendant’s due process rights by preventing him from properly impeaching a State’s witness using the sheriff department’s “Use of Force” and “Critical Incident” guidelines; (4) the State violated Defendant’s right to a fair trial by “continuously commenting on the evidence and credibility during closing arguments”; (5) the trial court erred by failing to suppress Defendant’s statements to police because he was questioned while tired and under the influence and because Defendant’s request for counsel was not honored; (6) the trial court abused its discretion in ordering consecutive sentencing; and (7) cumulative error necessitates a new trial. Following a thorough review, we affirm the judgments of the trial court. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Doyle Wayne Mason, Jr.
The Defendant, Doyle Wayne Mason, Jr., was convicted by a jury of one count each of aggravated sexual battery, solicitation of a minor, and sexual battery by an authority figure; and eleven counts each of statutory rape by an authority figure, incest, and rape. The trial court imposed an effective sentence of fifty-two years’ incarceration. On appeal, the Defendant argues that (1) the evidence was insufficient to support his convictions for aggravated sexual battery, solicitation of a minor, and rape; (2) a material and prejudicial variance existed between the bill of particulars and the State’s election relative to the aggravated sexual battery count; (3) the court “took on the role of the prosecutor” by questioning the victim and inadvertently conveyed to the jury that the court found the victim credible; (4) the court erred by admitting hearsay evidence that the victim reported the abuse to others; and (5) the sentence imposed by the court was excessive. After a thorough review of the record and applicable law, we affirm. |
Knox | Court of Criminal Appeals | |
Shasta Jackson v. State of Tennessee
The Petitioner, Shasta Jackson, appeals as of right from the Knox County Criminal Court’s denial of her petition for post-conviction relief. The Petitioner contends that she received ineffective assistance of trial counsel when counsel advised her to testify at trial. Following our review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Marquiceon Fields
The Defendant, Marquiceon Fields, was convicted of one count of rape of a child and was sentenced to twenty-eight years’ incarceration. On appeal, the Defendant argues that the trial court erred by failing to require the State to make an election of offenses, that the evidence is insufficient to support the Defendant’s conviction, and that the trial court erred by sentencing the Defendant as a Range II offender. The State concedes that the trial court erred in sentencing the Defendant. Based on our review of the record and applicable authorities, we affirm the Defendant’s conviction but modify his sentence to twenty-five years and remand for entry of an amended judgment. |
Shelby | Court of Criminal Appeals |
