State of Tennessee v. Barbara Nicole Napper
Barbara Nicole Napper, Defendant, was indicted for two counts of selling heroin in a school zone. She pled guilty to two reduced charges of selling heroin without the school-zone enhancement. She was sentenced to ten years for each conviction, to be served consecutively to each other. The sentences were suspended to community corrections. Multiple violation warrants were filed after Defendant tested positive for drugs. Prior to the disposition of the alleged violations, Defendant was indicted for introducing heroin into a penal facility. The State filed a motion seeking resentencing on Defendant’s original sentence of twenty years. After a hearing on the violations, the trial court revoked Defendant’s community corrections sentence and increased the sentence on each underlying offense by two years, for a total effective sentence of twenty-four years. Defendant timely appeals the revocation of her community corrections sentence and the trial court’s decision to increase her underlying sentence. After a review, we affirm the judgments of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Marlon William Cotham
The Defendant, Marlon William Cotham, was convicted of aggravated robbery, a Class B felony, and sentenced to nine years in the Department of Correction. On appeal, he argues that the evidence is insufficient to sustain his conviction, and the trial court erred in imposing a sentence of nine years. After review, we affirm the judgment of the trial court. |
Robertson | Court of Criminal Appeals | |
Dennis Judge v. State of Tennessee
The Petitioner, Dennis Judge, pleaded guilty to sexual battery by an authority figure, and the trial court sentenced him to the agreed sentence of four years of Community Corrections. More than a year later, the Petitioner filed a motion requesting that the trial court allow him to file an untimely petition for post-conviction relief and also a petition for post-conviction relief. After a hearing, the post-conviction court found that due process did not require a tolling of the statute of limitations, and it dismissed the petition. After a thorough review of the record and relevant authorities, we affirm the postconviction court’s judgment. |
Moore | Court of Criminal Appeals | |
State of Tennessee v. Pamela Moses
The pro se Petitioner, Pamela Moses, appeals the trial court’s denial of her “Motion for Expiration of Sentence,” which the trial court essentially treated as a motion for writ of habeas corpus. Following our review, we affirm the denial of the motion. |
Shelby | Court of Criminal Appeals | |
Kendall Joy v. State of Tennessee
Petitioner, Kendall Joy, appeals the denial of his petition for a writ of error coram nobis in which he alleged that his guilty plea was not knowingly, voluntarily, and intelligently entered. After thoroughly reviewing the record and applicable authorities, we affirm the judgment of the error coram nobis court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Curtis Reed Hosendove
The Defendant, Curtis Reed Hosendove, pleaded guilty as a Range II, multiple offender to making a false report, a Class D felony. See T.C.A. § 39-16-502 (2018). Pursuant to a plea agreement, the Defendant received a four-year sentence, and the trial court was to determine the manner of service. The trial court ordered the Defendant to serve his sentence in confinement. On appeal, the Defendant contends that the court committed reversible error by receiving evidence in the form victim impact statements. Although we conclude that the victim impact statements were irrelevant to the Defendant’s conviction for making false report, the error was harmless. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Billy Mack Jones
The defendant, Billy Mack Jones, appeals his Dyer County Circuit Court jury conviction of facilitating the sale of a Schedule II substance, arguing that the evidence was insufficient to establish his identity as the perpetrator. Because the record is insufficient to facilitate our review, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Jason Doty
The Defendant, Jason Doty, was indicted by the Shelby County Grand Jury in count one for aggravated child abuse and in count two for “aggravated child neglect or endangerment” based on injuries that occurred to his three-month-old son. Following a jury trial, the Defendant was convicted of the lesser offense of reckless aggravated assault, a Class D felony, in count one and the indicted offense of “aggravated child neglect or endangerment,” a Class A felony, in count two. After merging the reckless aggravated assault conviction into the aggravated child neglect or endangerment conviction, the trial court sentenced the Defendant as a Range I, standard offender to twenty-five years at 85 percent in the Department of Correction. The Defendant raises the following five issues on appeal: (1) Whether the trial court issued incomplete and misleading jury instructions that violated his constitutional right to a unanimous jury verdict; (2) Whether the evidence is sufficient to sustain his conviction; (3) Whether the trial court erred by not allowing the Defendant to cross-examine the State’s child abuse medical expert about a prior dependency and neglect case involving the victim in which a juvenile court magistrate had found the expert’s opinion less credible than the opinion of the opposing expert witness; (4) Whether the jury’s verdicts finding the Defendant guilty of both reckless aggravated assault and aggravated child neglect are mutually exclusive; and (5) Whether the trial court imposed an excessive sentence. Following our review, we conclude that the conviction in count two must be reversed and remanded for a new trial because the Defendant’s right to a unanimous verdict was violated. The Defendant’s conviction for reckless aggravated assault is affirmed. |
Shelby | Court of Criminal Appeals | |
Danny Jay Branam, Jr. v. State of Tennessee
The petitioner, Danny Jay Branam, Jr., 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 denial of the petition. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Shannon Daniels
The Appellant, Shannon Daniels, appeals the Campbell County Criminal Court’s revocation of her probation and ordering that she serve the balance of her effective ten-year sentence in confinement. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Campbell | Court of Criminal Appeals | |
Raymond Denton v. State of Tennessee
The Petitioner, Raymond Denton, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief, seeking relief from his convictions of aggravated rape, aggravated burglary, and physical abuse of an impaired person and resulting effective ninety-year sentence. On appeal, the Petitioner claims that he received the ineffective assistance of counsel because trial counsel failed to obtain an expert to rebut the State’s expert regarding penetration; failed to object to medical opinions given by the victim’s granddaughter, who was not an expert; and failed to object to the prosecutors’ improper closing arguments. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. James Bennett
The Defendant, James Bennett, was convicted by a Shelby County Criminal Court jury of theft of property over $10,000, a Class C felony, and was sentenced to seven years in the Department of Correction. On appeal, the Defendant argues that the trial court erred in admitting evidence of his prior bad acts, and that the evidence is insufficient to sustain his conviction. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Kenneth Cole v. State of Tennessee
The Petitioner, Kenneth Cole, appeals from the Tipton County Circuit Court’s denial of his petition for post-conviction relief from his guilty plea conviction for violation of the sex offender registry and his six-year, Range III sentence. He contends that the post-conviction court erred in denying his claim that he received the ineffective assistance of counsel in the conviction proceedings. We affirm the judgment of the post-conviction court. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. David Rivera
Following the denial of his motion to suppress, the Defendant, David Rivera, entered a guilty plea to driving under the influence of an intoxicant (DUI), fourth offense, but properly reserved, in accordance with Tennessee Rule of Criminal Procedure 37(b)(2)(A), a certified question of law regarding the legality of his traffic stop. Because the Defendant’s traffic stop was supported by probable cause, or at a minimum, reasonable suspicion, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Tony Lynn Nix
A Knox County jury convicted the defendant, Tony Lynn Nix, of aggravated robbery, and the trial court imposed a sentence of nine years in confinement. On appeal, the defendant challenges the sufficiency of the evidence to support his conviction and requests plain error review of improper statements by the prosecutor. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Catherine Ann Pinhal
The Defendant, Catherine Ann Pinhal, was convicted upon her 2019 guilty pleas of vehicular homicide by reckless conduct, a Class C felony, and two counts of possession of contraband in a penal facility, a Class C felony. See T.C.A. §§ 39-13-213 (2019) (vehicular homicide); 39-16-201 (2019) (possession of contraband). The length and manner of service of her sentence were reserved for the trial court’s determination. After a sentencing hearing, the trial court imposed six years for the vehicular homicide conviction and four years for each possession of contraband in a penal facility conviction. The court, likewise imposed partial consecutive service, for an effective ten-year sentence in confinement. On appeal, the Defendant contends that the trial court erred by denying her request for alternative sentencing and by imposing consecutive service. We affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Jarrett A. Jones v. State of Tennessee
The Davidson County Grand Jury indicted Petitioner, Jarrett A. Jones, on one count of sexual exploitation of a minor (over 100 images) and thirty-four counts of especially aggravated sexual exploitation of a minor, all Class B felonies. Petitioner pled guilty as a Range I offender to one count of sexual exploitation of a minor (over 100 images) and two counts of especially aggravated sexual exploitation of a minor. All other counts were dismissed based upon his guilty plea. The trial court sentenced Petitioner, pursuant to the plea agreement, to eight years at 100% on each count and ordered the sentences to run consecutively, for a total effective sentence of twenty-four years’ incarceration. Petitioner timely filed a pro se petition for post-conviction relief, and the post-conviction court appointed counsel, who filed an amended petition. After a hearing, the post-conviction court denied relief in a written order. On appeal, Petitioner argues that he was denied the effective assistance of counsel and that his guilty plea was not entered into knowingly, voluntarily, and intelligently. Following a thorough review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Lonnie Duane Orr
The Defendant, Lonnie Duane Orr, appeals from the trial court’s community corrections revocation for his eight-year, Range III sentence for his conviction of burglary. He contends that the court erred in revoking his community corrections sentence and ordering him to serve his sentence in the Department of Correction. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Kane Stackhouse v. State of Tennessee
The petitioner, Kane Stackhouse, appeals the denial of his petition for post-conviction relief, which petition challenged his 2008 Knox County Criminal Court jury convictions of first degree murder and especially aggravated robbery. In this appeal, the petitioner claims, as he did below, that he is entitled to post-conviction relief because he was deprived of the effective assistance of counsel at trial and on appeal. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Darius Patterson
The defendant, Darius Patterson, appeals his Knox County Criminal Court jury convictions of especially aggravated kidnapping, possession with intent to sell or deliver .5 grams or more but less than 15 grams of heroin, possession with intent to sell or deliver 26 grams or more of cocaine, simple possession of marijuana, evading arrest, unlawful possession of a firearm by a convicted felon, and two counts of employing a firearm during the commission of a dangerous felony after having been previously convicted of a felony, challenging the sufficiency of the convicting evidence and the sentencing decision of the trial court. We discern no error in the proceedings below, and, as a result, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Monqueze L. Summers
Monqueze L. Summers, Defendant, appeals from the trial court’s denial of his motion filed pursuant to Tennessee Rule of Criminal Procedure 36.1 in which he argued that his life sentence was illegal. After a thorough review of the record, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Joseph A. Colwell, Sr. v. State of Tennessee
The Petitioner, Joseph A. Colwell, Sr., appeals the Maury County Circuit Court’s denial of his petition for post-conviction relief, seeking relief from his two convictions of rape and two convictions of incest and resulting effective twenty-year sentence. On appeal, the Petitioner contends that he received the ineffective assistance of counsel because trial counsel failed to object to evidence of prior sexual abuse pursuant to Tennessee Rule of Evidence 404(b), failed to file a motion to question one of the victims about her prior sexual behavior pursuant to Tennessee Rule of Evidence 412, and failed to present evidence from electronic devices that would have been helpful to his case. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Buford Cornell Williams
Defendant, Buford Cornell Williams, was convicted of selling .5 grams or more of a substance containing cocaine. Defendant appealed, challenging the sufficiency of the evidence. This court affirmed the judgment of the trial court. State v. Buford Williams, No. M2017-00507-CCA-R3-CD, 2017 WL 6028876, at *1 (Tenn. Crim. App. Dec. 5, 2017), perm. app. denied (Tenn. Feb. 12, 2018). Defendant subsequently filed a petition for post-conviction relief alleging ineffective assistance of counsel for failing to file a timely motion for new trial. The post-conviction court granted relief for the purpose of filing a motion for new trial which would permit an appeal if the motion was denied. Defendant filed a motion for new trial which was denied by the trial court. On appeal, Defendant argues that the trial court erred when it denied his motion to dismiss based on the State’s failure to preserve evidence or exclude evidence from the trial. Having reviewed the record and the briefs of the parties, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Timothy Terell Mays
The Defendant, Timothy Terell Mays, was convicted on his guilty pleas to two counts of sale of cocaine, a Class C felony, and two counts of delivery of cocaine, a Class C felony. See T.C.A. § 39-17-417(a)(2), (3), (c)(2)(A) (2018). The delivery offenses were merged with the sale offenses. Pursuant to the plea agreement, he received six-year sentences, to be served concurrently to each other and consecutively to a previous sentence, and he reserved a certified question of law regarding mandatory joinder of the present offenses with the offenses from a previous prosecution in which his guilt had already been adjudicated. We affirm the judgments of the trial court, and we remand the case for correction of a clerical error. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. George Anthony Vasser
The Defendant, George Anthony Vasser, was convicted by a Gibson County Circuit Court jury of selling or delivering cocaine, a Class C felony. See T.C.A. § 39-17-417 (2018). He received a sentence of eight years’ confinement. On appeal, the Defendant contends that (1) the evidence does not support the Defendant’s conviction for selling or delivering, (2) the evidence only supports a conviction for the lesser included offense of casual exchange of drugs, and (3) the trial court erred by failing to enter a judgment of acquittal. We affirm the judgment of the trial court. |
Gibson | Court of Criminal Appeals |
