State of Tennessee v. Nathaniel Shawn Declue
The Defendant, Nathaniel Shawn Declue, pleaded guilty to two counts of possession of methamphetamine with intent to sell, two counts of possession of methamphetamine with intent to deliver, driving on revoked license, violation of the vehicle registration law, simple possession of a Schedule VI substance, and possession of drug paraphernalia. At the sentencing hearing, the trial court merged multiple convictions and imposed an effective sentence of twenty years in confinement. The Defendant appeals, asserting that the trial court abused its discretion by failing to apply a mitigating factor and by failing to consider the economic resources available to state prisons in its decision to impose a twenty-year effective sentence. After review of the record, we affirm the trial court’s judgments. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Kelly Lee Pitts
The Defendant, Kelly Lee Pitts, was convicted by a jury of seven counts each of attempted first degree murder and possessing a firearm during the commission of or attempt to commit a dangerous felony. Thereafter, the trial court imposed an effective fifty-one-year sentence. On appeal, the Defendant contends that (1) there was insufficient evidence to support his convictions for attempted first degree murder, specifically, challenging the element of premeditation; (2) the trial court erred by imposing partial consecutive sentencing based upon the dangerous offender criterion; (3) and the trial court erred in imposing Class C felony convictions for employing a firearm during the commission of or attempt to commit a dangerous felony when he was convicted only of possessing such a firearm, a Class D felony.1 The State concedes that the sentences and judgments for employment of a firearm were in error, and we agree. In all other respects, we affirm. Accordingly, though we affirm the Defendant’s convictions, we vacate and modify certain judgment forms and sentences consistent with this opinion. The case is remanded. |
Washington | Court of Criminal Appeals | |
State of Tennessee v. Alfred Lee Boykin, III
Pursuant to Tennessee Rule of Criminal Procedure 37, the defendant, Alfred Lee Boykin, III, appeals two certified questions of law related to the trial court’s denial of his motion to dismiss his case due to excessive delay in prosecuting the case. Because the defendant failed to establish prejudice flowing from the more than two-year delay in this case, the trial court did not err by denying his motion to dismiss. The judgments of the trial court are, therefore, affirmed. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Trenton Jermaine Bell
Trenton Jermaine Bell, Defendant, was arrested and charged with first degree premediated murder, tampering with evidence, and abuse of a corpse in connection with the death of the victim, Sydney Green. A Wilson County jury convicted Defendant as charged on all counts, and the trial court sentenced Defendant to an effective life sentence. On appeal, Defendant argues that the trial court committed plain error by failing to issue a curative instruction when a police detective offered improper lay testimony. He also contends that the evidence was insufficient to support his conviction for first degree premeditated murder and that he was denied a jury venire comprising a fair cross section of the community. After a thorough review, we affirm the judgments of the trial court. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Neal Olive
The Defendant, Jeffrey Neal Olive, was convicted by a Marshall County Circuit Court jury of second-degree murder, a Class A felony, and was sentenced to twenty years in the Department of Correction. On appeal, he argues that the evidence is insufficient to sustain his conviction and that his sentence is excessive and contrary to law. After review, we affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
Jesus Baltazar Diaz Ramos v. State of Tennessee
The pro se Petitioner, Jesus Baltazar Diaz Ramos, appeals the summary dismissal of his petition for writ of habeas corpus. Following our review, we affirm the judgment of the trial court summarily dismissing the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Robert Edward Seaton
Following a jury trial, the Defendant, Robert Edward Seaton, was convicted of facilitation of theft of property valued at $2,500 or more but less than $10,000, a Class E felony, and one count each of vandalism, evading arrest, and driving with a revoked license, second offense, Class A misdemeanors. See Tenn. Code Ann. §§ 39-11-403, -14-103, -14-105, - 14-408, -16-603, 55-50-504. In this appeal as of right, the Defendant contends (1) that the trial court erred by denying the Defendant’s motion for a mistrial when a court officer, who was acting as jury custodian, was called and sworn as a rebuttal witness; (2) that the court erred by denying the Defendant’s motion for a mistrial after the court elicited from a defense witness the name of the witness’s father-in-law, who was “a notorious criminal and murderer”; (3) that the court erred by admitting reputation or opinion evidence from three law enforcement officers regarding a defense witness’s character for truthfulness; (4) that plain error occurred when the State cross-examined a defense witness regarding prior criminal behavior not resulting in a conviction; and (5) that the cumulative effect of these errors deprived the Defendant of a fair trial. Following our review, we conclude that the admission of reputation and opinion evidence from law enforcement officers constitutes reversible error such that the Defendant is entitled to a new trial. Alternatively, we conclude that the Defendant would be entitled to relief due to cumulative error. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Michelle Bennington
Defendant, Michelle Bennington, filed a pro se motion pursuant to Tennessee Rule of Criminal Procedure 36 to correct an alleged clerical error in a July 22, 2019 probation revocation order. The motion sought entry of a corrected order providing 827 days of postjudgment jail credit. The trial court determined that there was no clerical error in the revocation order and denied the motion. However, the trial court determined that there was a clerical error in the May 23, 2016 judgments of conviction and entered corrected judgments providing two additional days of pretrial jail credit. Finding no error, we affirm. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Jeffery D. Strong
A Macon County Criminal Court Jury convicted the Appellant, Jeffery Dewayne Strong, of selling a Schedule III, controlled substance, a Class D felony, and the trial court sentenced him as a Range III, persistent offender to twelve years in confinement. On appeal, the Appellant contends that the evidence is insufficient to support the conviction and that the trial court erred by allowing the State to play an audio recording of the controlled drug buy. Based upon the record and the parties’ briefs, we conclude that the evidence is sufficient to support the conviction and that the Appellant waived the issue regarding the audio recording because he failed to raise it in his motion for a new trial or at the hearing on the motion. Accordingly, the judgment of the trial court is affirmed. |
Macon | Court of Criminal Appeals | |
State of Tennessee v. Craig Rickard
The Defendant, Craig Rickard, was convicted by a Cheatham County Circuit Court jury of rape of a child and aggravated sexual battery and was sentenced pursuant to a pleabargained sentencing agreement to an effective term of twenty-five years at 100% in the Department of Correction. On appeal, he argues that the trial court erred by admitting the video recordings of the victim’s forensic interviews, in not conducting a jury out hearing to determine the victim’s qualifications as a witness, and by suggesting to the prosecutor the manner in which a question could be posed in order to avoid the Defendant’s hearsay objection. Following our review, we affirm the judgments of the trial court. |
Cheatham | Court of Criminal Appeals | |
Delmar L. Mack, Jr. v. State of Tennessee
Petitioner, Delmar L. Mack, Jr., appeals the Washington County Criminal Court’s denial of his petition for post-conviction relief. Petitioner contends that his guilty pleas to attempted first degree murder, aggravated kidnapping, and aggravated assault were not knowingly, intelligently, and voluntarily entered because, at the time he entered his plea agreement, he was suffering from “severe mental distress and anxiety,” resulting in an inability to understand the nature and details of the agreement. Following a thorough review, we affirm the denial of post-conviction relief. |
Washington | Court of Criminal Appeals | |
Tommie Phillips v. State of Tennessee
The petitioner, Tommie Phillips, appeals the denial of his petition for post-conviction relief, which petition challenged his 2011 Shelby County Criminal Court jury convictions of felony murder, reckless homicide, attempted first degree murder, aggravated rape, aggravated sexual battery, especially aggravated kidnapping, and aggravated burglary. He argues that he was deprived of the effective assistance of counsel. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jason Monroe Griffith
The Defendant, Jason Monroe Griffith, pleaded guilty to one count of attempted aggravated burglary, seven counts of aggravated burglary, ten counts of theft of property, and one count of conspiracy to commit aggravated burglary, and he entered a “best interest” plea to one count of aggravated burglary pursuant to North Carolina v. Alford, 400 U.S. 25 (1970). The trial court imposed an effective sentence of 15 years and ordered the Defendant to pay $10,750 in restitution. On appeal, the Defendant argues that the trial court should have held a hearing regarding his ability to pay restitution and the reasonableness of the restitution amount. After review, we reverse the judgment of the trial court with respect to restitution and remand this case for a restitution hearing and entry of amended judgments that reflect the amount of restitution and the manner of payment. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Vonda Star Smith
The Defendant, Vonda Star Smith, was convicted by a Greene County Criminal Court jury of first degree premeditated murder and second degree murder. See T.C.A. §§ 39-13- 202(a)(1) (2018) (first degree murder) (subsequently amended), 39-13-210 (2014) (second degree murder) (subsequently amended), 39-13-214 (2018) (embryo or fetus as a victim of criminal homicide). The trial court sentenced the Defendant to life for first degree murder and to twenty-five years as a Range I offender for second degree murder, and the court imposed the sentences concurrently. On appeal, the Defendant contends that (1) the evidence is insufficient to support her convictions, (2) the court erred in denying her motion to dismiss because the State’s failure to provide exculpatory information regarding the victim’s cell phone “ping” violated her right to due process, (3) the State’s failure to provide a witness’s statement during discovery deprived her of due process, (4) the court improperly commented on the evidence during a defense witness’s testimony, (5) cumulative errors require reversal of the Defendant’s convictions, and (6) the court erred in imposing a twenty-five-year sentence for second degree murder. We affirm the judgments of the trial court. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Edward Wayne Shumacker Alias Jeff Wayne Witt
The Appellant, Edward Wayne Shumacker, was convicted in the Hamilton County Criminal Court of driving under the influence (DUI), DUI per se, driving on a revoked license, violating the seatbelt law, violating the financial responsibility law, and violating the vehicle registration law, all misdemeanors. After the jury found the Appellant guilty, he stipulated that he had five prior convictions of DUI and two prior convictions of driving on a revoked license. The trial court sentenced the Appellant as a Range III, persistent offender to twelve years for each conviction of sixth offense DUI, Class C felonies; merged the convictions; and ordered that the Appellant serve the twelve-year sentence concurrently with his misdemeanor sentences. On appeal, the Appellant contends that the trial court erred by denying his motion for additional discovery, that the trial court erred by denying his motion to exclude references to other bad acts, that the trial court erred by overruling his objection to the admissibility of expert testimony, and that his twelve-year sentence for DUI is excessive. Based upon the record and the parties’ briefs, we conclude that there is no reversible error and affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
Stanley Blair Hill v. State of Tennessee
The Petitioner, Stanley Blair Hill, filed for post-conviction relief from his conviction of first degree murder, alleging that his trial counsel were ineffective. The post-conviction court denied relief, and the Petitioner appeals, contending that counsel were ineffective by failing “to obtain adequate expert and investigative assistance and/or to present such testimony at trial”; by failing “to object to the introduction of improper, irrelevant, inflammatory and prejudicial evidence”; and by failing to adequately advise the Petitioner whether to accept or reject the State’s plea offer. Upon review, we affirm the judgment of the post-conviction court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Nona Kilgore
The Defendant, Nona Kilgore, pleaded guilty to possession of a schedule IV controlled substance with intent to sell or deliver. The Defendant reserved a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) as to whether the warrantless search of the Defendant’s home was lawful based on the issue of consent. After a thorough review of the record and relevant authorities, we conclude that the reserved question of law is not dispositive of the case and, accordingly, we dismiss the appeal. |
Grundy | Court of Criminal Appeals | |
State of Tennessee v. Dwayne Edward Harris
A Williamson County jury convicted the Defendant, Dwayne Edward Harris, of joyriding (Count 1), carjacking (Count 2), and aggravated robbery (Count 3). In response to a motion for judgment of acquittal, the trial court reduced Count 3 from aggravated robbery to robbery. The trial court then merged Count 1 and Count 3 into Count 2, and sentenced the Defendant to an effective sentence of thirty years in the Tennessee Department of Correction. The Defendant appeals, asserting: (1) the evidence is insufficient to support his convictions; (2) the trial court improperly admitted evidence; and (3) a Bruton violation. The State appeals the trial court’s reducing the jury’s conviction for aggravated robbery in Count 3 to robbery and the trial court’s merging Count 3 into Count 2. This court consolidated the Defendant’s and the State’s appeals. After review of the Defendant’s issues, we discern no error. As to the State’s issues on appeal, we vacate the trial court’s judgment in Count 3, reinstate the jury’s verdict of guilty of aggravated robbery, and remand for sentencing on Count 3. The trial court’s judgment in Count 2 is remanded for corrections consistent with this opinion. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Cody King
The Defendant, Cody Ryan King, was convicted by a Morgan County Circuit Court jury of rape of a child, a Class A felony, attempted rape of a child, a Class B felony, two counts of aggravated sexual battery, a Class B felony, two counts of sexual battery, a Class E felony, and attempted statutory rape, a Class A misdemeanor. See T.C.A. §§ 39-13-522 (2010) (subsequently amended) (rape of a child), 39-13-505 (2018) (sexual battery), 39- 13-504 (2018) (aggravated sexual battery); 39-13-506 (2010) (subsequently amended) (statutory rape); 39-12-101 (2018) (criminal attempt). The Defendant was sentenced to an effective twenty-five years for the convictions. However, at the motion for new trial hearing, the trial court ordered a new trial for one count of aggravated sexual battery on the basis that the State failed to make an election of the offenses. The court, likewise, ordered a new trial for both counts of aggravated sexual battery and both counts of sexual battery on the basis that the Defendant received the ineffective assistance of counsel for the failure to request a jury instruction on the lesser included offense of assault by offensive or provocative contact. As a result, the court ordered a new trial for two counts of aggravated sexual battery and two counts of sexual battery. On appeal, the Defendant contends that (1) the evidence is insufficient to support his rape of a child and attempted rape of a child convictions and (2) he received the ineffective assistance of trial counsel. Because the Defendant received the ineffective assistance of counsel during the pretrial proceedings, we vacate the Defendant’s convictions and remand the case to the trial court with instructions for the State to reinstate the eight-year plea offer and to negotiate in good faith. |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. Frederick John Schmitz, Jr.
A Hickman County jury convicted the Defendant, Frederick John Schmitz, Jr., of evading arrest while operating a motor vehicle, reckless driving, and speeding. The trial court sentenced him to an effective eighteen-month sentence, suspended to supervised probation. On appeal, the Defendant contends that the evidence at trial was insufficient to support his convictions for evading arrest and reckless driving. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. William Eugene Moone
A Coffee County jury convicted William Eugene Moon, Defendant, of attempted second degree murder and unlawful employment of a firearm during the commission of or attempt to commit a dangerous felony. On appeal, Defendant argues that the trial court erred by allowing the improper impeachment of a defense witness, that there was insufficient evidence to support his convictions, and that he was denied the right to a speedy trial. After a thorough review of the record and applicable case law, the judgments of the circuit court are affirmed. |
Coffee | Court of Criminal Appeals | |
David Louis Way v. State of Tennessee
The Petitioner, David Louis Way, appeals the denial of his petition for post-conviction relief from his convictions for burglary, theft over $1000, vandalism over $1000, and possession of burglary tools. He asserts that his right to due process was violated at trial because he was ordered to wear leg restraints, and that he received ineffective assistance of counsel. After review, we affirm the denial of the petition. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Anthony Ellis
The Defendant, Anthony Ellis, was convicted by a Shelby County Criminal Court jury of first degree felony murder, attempted first degree premediated murder, a Class A felony, and attempted especially aggravated robbery, a Class B felony. See T.C.A. §§ 39-13-202 (2018) (subsequently amended) (first degree murder); 39-13-403 (2018) (especially aggravated robbery); 39-12-101 (2018) (criminal attempt). The trial court sentenced the Defendant to concurrent terms of life imprisonment for felony murder, eighteen years for attempted premeditated murder, and ten years for attempted especially aggravated robbery. On appeal, the Defendant contends that (1) the evidence is insufficient to support his felony murder conviction and (2) the trial court erred by admitting evidence in violation of Tennessee Rule of Evidence 404(b). We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Michael A. Rodgers v. State of Tennessee
The Petitioner, Michael A. Rodgers, appeals from the Madison County Circuit Court’s dismissal of his petition for post-conviction relief from his convictions for possession of heroin with intent to deliver and possession of methamphetamine with intent to deliver and his effective sentence of twenty-two years as a Range III, persistent offender. On appeal, the Petitioner contends that the post-conviction court erred in denying relief on his ineffective assistance of trial counsel claim. We affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Rickey La Ron Houston Church (In re 911 Bail Bonding, LLC, Surety)
On July 16, 2019, the trial court entered a final judgment in the amount of $50,000 against Appellant, 911 Bail Bonding, LLC, and Defendant, Rickey La Ron Houston-Church. Appellant filed a timely notice of appeal from the final judgment. Appellant then filed two motions in the trial court to exonerate bond. Following a hearing on the motions, the trial court “set aside” the $50,000 forfeiture in the final judgment and “reduced” the forfeiture to $15,000. On appeal, Appellant claims that the trial court abused its discretion “by not analyzing fault” when it only reduced the forfeiture to $15,000. We determine that the trial court lost subject matter jurisdiction to amend or modify its final judgment when Appellant filed a notice of appeal seeking relief from that judgment. Because Appellant failed to set forth any argument whatsoever regarding the final judgment, we affirm the July 16, 2019 final judgment. |
Montgomery | Court of Criminal Appeals |
