State of Tennessee v. Louis Dane Devillier
The Defendant, Louis Dane Devillier, pleaded guilty to misdemeanor theft, driving under the influence (“DUI”), and perjury, in exchange for concurrent sentences of eleven months and twenty-nine days, with the manner of service of the sentence to be determined by the trial court. At a sentencing hearing, the trial court imposed the agreed-upon sentence and ordered the Defendant to serve his sentence in confinement. On appeal, the Defendant contests the manner of service of the sentence, contending that the trial court failed to find specific facts supporting enhancement factors and failed to give “due weight” to mitigating factors. After review, we affirm the trial court’s judgments. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Louis Dane Devillier - Concurring Opinion
I concur in the conclusion that the judgments of the trial court should be affirmed if the decision of this court must be made addressing the merits of the case. However, I would dismiss the appeal because, as the State correctly points out, the notice of appeal was not timely filed, and Defendant has failed to seek a waiver of the timely filing of the notice. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Erskine Any Hunt, Jr.
A Morgan County jury convicted the Defendant, Erskine Andy Hunt, Jr., of one count of second degree murder, one count of unlawful possession of a firearm by a convicted felon, one count of attempted unlawful possession of a firearm by a convicted felon, and two counts of reckless endangerment; the Defendant pleaded guilty to an additional count of unlawful possession of a firearm by a convicted felon. The trial court sentenced the Defendant to an effective sentence of thirty-three years of incarceration. On appeal, the Defendant contends that: (1) the evidence is insufficient to support his conviction for second degree murder; (2) the State failed to disclose evidence it planned to introduce at trial; and (3) the trial court erred when it instructed the jury about the mental state required for a conviction of unlawful possession of a firearm by a convicted felon. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments. |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. James Lucas Green
A Maury County jury convicted the Defendant, James Lucas Green, for driving under the influence (“DUI”), fifth offense, violation of the implied consent law, and violation of a habitual motor vehicle offender restriction. The trial court imposed an effective four-year sentence to be served at thirty percent. On appeal, the Defendant contends that: (1) the evidence is insufficient to support his conviction for DUI; (2) the trial court improperly overruled his Batson challenge; (3) the trial court erred when it ordered consecutive sentencing; and (4) cumulative error entitles him to relief. After review, we affirm the judgments of the trial court. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Ellen Becker Goldberg
A jury convicted the Defendant, Ellen Becker Goldberg, of vandalism of property valued at $1,000 or more but less than $10,000, misdemeanor assault, and stalking for offenses committed against her neighbor, who suffered from chronic illness and physical disability. The Defendant was sentenced to serve three years of supervised probation. On appeal, the Defendant argues that the evidence was insufficient to prove the value of the vandalized property, the mens rea for vandalism, or ownership of the property; that the evidence was insufficient to support the conviction for assault; that the evidence was insufficient to establish the elements of stalking, particularly in light of the statutory exclusion for constitutionally protected conduct; that the trial court erroneously admitted evidence regarding the value of the vandalized property; and that the Defendant was erroneously sentenced under the incorrect theft statute. After a thorough review of the record, we conclude that the savings statute in Tennessee Code Annotated section 39-11-112 applies to the revisions to the theft statute in Tennessee Code Annotated section 39-14-105(a). Accordingly, we remand for resentencing and for the correction of errors on the judgment forms. In all other respects, we affirm the trial court’s judgments. |
Williamson | Court of Criminal Appeals | |
Willie L. Pegues v. State of Tennessee
The Petitioner, Willie L. Pegues, appeals from the Shelby County Criminal Court’s dismissal of his petition pursuant to the |
Shelby | Court of Criminal Appeals | |
Keith Lemont Farmer v. Shawn Phillips, Warden
The Petitioner, Keith Lemont Farmer, appeals from the Lake County Circuit Court’s dismissal of his petition for a writ of habeas corpus from his 2012 conviction for attempt to commit first degree murder and his twenty-year sentence. The Petitioner contends that the habeas corpus court erred by dismissing his petition. We affirm the judgment of the habeas corpus court. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Gerardo Juarez aka Gerardo Juarez-Ortega
A Shelby County jury convicted the defendant, Gerardo Juarez, of two counts of reckless endangerment, one count of attempted voluntary manslaughter, three counts of aggravated assault, and one count of employing a firearm during the commission of a dangerous felony. Following a sentencing hearing, the trial court imposed an effective sentence of eleven years in confinement. On appeal, the defendant challenges the sufficiency of the evidence to support his aggravated assault and attempted voluntary manslaughter convictions. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. However, we remand the case for corrected judgment forms in Counts one, four, and five. |
Shelby | Court of Criminal Appeals | |
Fabian Claxton v. State of Tennessee
The petitioner, Fabian Claxton, appeals the denial of his petition for writ of error coram nobis by the Shelby County Criminal Court, arguing the trial court erred in dismissing the petition because newly discovered evidence exists in his case. After our review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Brandon Ramel Cole-Pugh
A Madison County grand jury indicted the defendant, Brandon Ramel Cole-Pugh, with aggravated burglary and theft of property over $1,000. Following trial, a jury found the defendant guilty of aggravated criminal trespass, a lesser-included offense of aggravated burglary, and theft of property over $1,000, and the trial court imposed an effective sentence of eight years. On appeal, the defendant challenges the sufficiency of the evidence to support his theft of property conviction and requests plain error review of the prosecutor’s closing argument. After reviewing the record and considering the applicable law, we modify the defendant’s theft conviction from a Class D felony to a Class E felony based on the criminal savings statute and impose a sentence of four years’ confinement as a Range II offender. We affirm the judgments of the trial court in all other respects. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Christopher Desmond Simpson
The Defendant, Christopher Desmond Simpson, was convicted by a Lawrence County Circuit Court jury of second degree murder, a Class A felony. See T.C.A. § 39-13-210 (2018). The Defendant was sentenced to twenty-five years’ incarceration. On appeal, he contends that (1) the trial court erred by denying his motion to suppress his pretrial statement, (2) the evidence is insufficient to support his conviction, (3) the trial court erred by denying his motion to sequester the jury, (4) the trial court erred by admitting autopsy photographs, (5) the trial court erred during jury instructions, and (6) the trial court erred during sentencing. We affirm the judgment of the trial court. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. Antonio Thomas
Aggrieved of his Knox County Criminal Court jury conviction of possession of a firearm by a convicted felon, the defendant, Antonio Thomas appeals, challenging the sufficiency of the convicting evidence and arguing that the trial court erred by admitting into evidence certain Facebook messages in the absence of sufficient proof of the authenticity and reliability of the messages. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals | |
Charles Montague v. State of Tennessee
The petitioner, Charles Montague, appeals the summary dismissal of his petition for writ of habeas corpus, which petition challenged the judgments for his 1993 misdemeanor convictions of possession of drugs and drug paraphernalia. Discerning no error, we affirm. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Daniel Earl Gentry
The defendant, Daniel Earl Gentry, appeals the Blount County Circuit Court’s order revoking his probation and ordering him to serve the balance of his sentence in confinement. Discerning no error, we affirm. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Sharles Johnson
The defendant, Sharles Johnson, appeals his Knox County Criminal Court jury conviction of theft. He challenges the sufficiency of the evidence as to the element of intent. We affirm the jury verdicts but remand the case for the entry of corrected judgments reflecting that the alternative counts of theft are merged. |
Knox | Court of Criminal Appeals | |
Emil John Ford v. State of Tennessee
The Petitioner, Emil John Ford, appeals from the Knox County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner contends that his guilty pleas were not knowingly and voluntarily entered because he was not informed “that he could be on the sex offender registry for life.” Discerning no error, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Timothy Clayton Thompson v. State of Tennessee
The Petitioner, Timothy Clayton Thompson, appeals from the Knox County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner contends (1) that his guilty pleas were not knowingly and voluntarily entered because of the ineffective assistance of trial counsel; and (2) that trial counsel failed to adequately prepare for the Petitioner’s sentencing hearing. Discerning no error, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Harry Gilley
The Defendant, Harry Gilley, pled guilty to one count of aggravated burglary, a Class C felony; four counts of burglary of a habitation under construction, Class D felonies; five counts of felony theft of property, Class E felonies; two counts of misdemeanor theft of property, Class A misdemeanors; and one count of vandalism of property, a Class A misdemeanor, stemming from charges in eight indictments. In exchange for his pleas, the Defendant received an effective Range III sentence of fifteen years with the manner of service to be determined by the trial court. After a hearing, the trial court ordered that the Defendant serve his sentence in confinement, which the Defendant appeals. After review, we affirm the sentencing decision of the trial court. |
Hamilton | Court of Criminal Appeals | |
Terry Johnson v. State of Tennessee
The petitioner, Terry Johnson, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial. Following our review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
Anthony Wilson v. State of Tennessee
The Petitioner, Anthony Wilson, filed a post-conviction petition seeking relief from his convictions of first degree premeditated murder and attempted first degree murder and his accompanying effective life sentence. In the petition, the Petitioner alleged that his trial counsel was ineffective by failing to (1) hire an investigator, (2) meet with the Petitioner and keep him adequately informed about the case, (3) file motions “to challenge the evidence,” (4) seek a jury instruction regarding the defense of others, (5) properly crossexamine witnesses, and (6) raise objections at trial. After a hearing, the post-conviction court denied the petition, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Steven Michael Odom
The Defendant, Steven Michael Odom, appeals his jury convictions for aggravated burglary and theft of property $500 or more but less than $1,000. The Defendant alleges that (1) the evidence was insufficient to support his jury convictions, challenging the evidence establishing his entry into a habitation and his criminal responsibility for the actions of his co-defendant; and (2) that the trial court’s refusal to play for the jury the portion of the Defendant’s police interview during which the Defendant stated adamantly that he was telling the truth was error. Following our review of the record and the applicable authorities, we conclude that the Defendant’s issues do not entitle him to relief. However, we find plain error because the trial court failed to apply the amended theft grading statute at sentencing. Accordingly, we vacate the two-year, Class E felony sentence for the Defendant’s theft conviction, and the case is remanded for entry of a modified judgment reflecting an eleven-month and twenty-nine-day sentence for a Class A misdemeanor conviction of theft of property valued at $1,000 or less. Furthermore, upon remand, it shall be notated on all three judgment forms, including the Defendant’s guilty plea to felon in possession of a weapon offense, the concurrent nature of the Defendant’s various sentences. In all other respects, the judgments are affirmed. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Willard Hampton
The Defendant, Willard Hampton, was convicted by a jury of two counts of simple possession of marijuana, which convictions were later merged by the trial court. The Defendant appeals, arguing that (1) the trial court erred by denying the Defendant’s motion to suppress the evidence seized during the traffic stop because there was insufficient proof to establish that he committed a traffic offense in Shelby County, and (2) the trial court erred by denying the Defendant’s request for diversion or probation because of the Defendant’s untruthfulness and lack of candor at trial. After a thorough review of the record, we affirm the judgments of the trial court. However, we remand for entry of corrected judgments to set the percentage of minimum service at seventy-five percent. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joshua D. Johnson
The petitioner, Joshua D. Johnson, appeals the Sullivan County Criminal Court’s summary dismissal of his pro se petition for |
Sullivan | Court of Criminal Appeals | |
Timothy Carter v. State of Tennessee
The petitioner, Timothy Carter, appeals from the denial of his petition for post-conviction relief, which petition challenged his Davidson County Criminal Court jury convictions of theft of property valued at more than $60,000 and possession of a firearm by a convicted felon. In this appeal, the petitioner asserts that the post-conviction court erred by concluding that he had forfeited the right to appointed counsel in the post-conviction proceeding and by ruling that he was not entitled to post-conviction relief. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Earnest Costosteno Woodley
A Davidson County Criminal Court Jury convicted the Appellant, Earnest Costosteno Woodley, of four counts of attempted first degree premeditated murder, and the trial court sentenced him as a repeat violent offender to four concurrent terms of life without parole. On appeal, the Appellant contends that the trial court erred by admitting evidence in violation of Tennessee Rule of Evidence 404(b), that the trial court erred by allowing irrelevant and highly prejudicial cross-examination of his mental health expert, and that the evidence is insufficient to support the convictions because the State failed to show premeditation and because he established the defense of insanity. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals |
