Tennessee Administrative Office of the Courts

The petitioner, Michael D. Green, appeals the dismissal of his petition for post-conviction relief. The petitioner was convicted of multiple crimes, including first degree felony murder, and received a sentence of life plus twenty-four years. That sentence was ordered to be served concurrently to a federal sentence of life plus twenty-five years. On appeal, the petitioner contends that he was denied his right to the effective assistance of counsel. Specifically, he contends that trial counsel was ineffective by: (1) failing to request sequestration of the jury; (2) failing to utilize all available preemptory challenges or to challenge potential jurors for cause; and (3) failing to limit testimony concerning the prior federal trial. Following review of the record, we conclude no error occurred and affirm the denial of post-conviction relief.

A Shelby County Criminal Court Jury convicted the appellant, Dearaysun Wright, of aggravated robbery, a Class B felony, and the trial court sentenced him to eight years in confinement. On appeal, the appellant contends that the evidence is insufficient to support the conviction. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court.

The Petitioner, Robert Lee Polk, appeals the Circuit Court for Lake County’s denial of his pro se petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court.

Petitioner, Frederick Parks, appeals from the trial court’s order summarily dismissing Petitioner’s habeas corpus petition. After a thorough review of the record and the briefs, we affirm the judgment of the trial court.

A Shelby County Criminal Court Jury found the appellant, Keeanna Luellan, guilty of forgery over $500 and fraudulent use of a credit card over $500. The trial court sentenced the appellant as a Range III, persistent offender to six years for each conviction and ordered the sentences to be served consecutively for a total effective sentence of twelve years in the Tennessee Department of Correction. On appeal, the appellant contends that the trial court erred by admitting evidence of other bad acts or crimes and that the evidence is not sufficient to sustain her convictions. Upon review, we affirm the judgments of the trial court.

Following a jury trial, Defendant, Raymond Denton, was convicted of aggravated rape, in violation of Tennessee Code Annotated section 39-13-502; aggravated burglary, in violation of Tennessee Code Annotated section 39-14-403; and physical abuse of an impaired person, in violation of Tennessee Code Annotated section 71-6-119. The trial court sentenced Defendant as a career offender for each conviction to sixty (60) years for aggravated rape, fifteen (15) years for aggravated burglary, and fifteen (15) years for physical abuse of an impaired person. The sentences were ordered to be served consecutively to each other for an effective sentence of ninety (90) years. In this appeal, Defendant does not challenge any of the sentences imposed, and does not challenge the convictions for aggravated burglary and physical abuse of an impaired person. Defendant’s sole issue is a challenge to the legal sufficiency of the evidence to support his conviction of aggravate rape, limited to the argument that there was insufficient proof establishing the element of penetration. After a thorough review of the record and the briefs, we affirm the judgments of the trial court.

A Marshall County jury convicted the Defendant, Kimberly Wilson Wentzel, of six counts of prescription fraud and two counts of identity theft.  After a sentencing hearing, the trial court sentenced the Defendant as a persistent offender and imposed concurrent eleven-year sentences for each of the Defendant’s eight felony convictions.  The trial court ordered the Defendant to serve her entire sentence in the Tennessee Department of Correction.  The Defendant now appeals, contending that the trial court erred when it denied her request for alternative sentencing.  After a thorough review of the record and applicable law, we conclude that the trial court properly denied alternative sentencing.

I join the majority in all respects with the exception of sentencing.  While I agree that the effective 225-year sentence imposed by the trial court is excessive, I disagree that an effective fifty-year sentence complies with the purposes and principles of our Sentencing Act.    
 

The Defendant, Tavaria Merritt, pleaded guilty to nine counts of rape of a child, Class A felonies.  See T.C.A. § 39-13-522 (2010).  He was sentenced to nine consecutive terms of twenty-five years for an effective 225-year sentence to be served at 100%.  The Defendant was seventeen years old when the offenses were committed and nineteen years old when he pleaded guilty.  On appeal, the Defendant contends that his effective sentence is the equivalent of life imprisonment without the possibility of parole and is cruel and unusual punishment under the United States and Tennessee Constitutions.  See Graham v. Florida, 560 U.S. 48 (2010).  Although Graham does not apply to the Defendant’s effective 225-year sentence, we conclude that the sentence is excessive, reverse the judgments of the trial court, and remand for entry of judgments reflecting an effective fifty-year sentence.

The Defendant, Everett Russ, was convicted by a Shelby County Criminal Court jury of two counts of aggravated sexual battery, Class B felonies, and was sentenced as a Range I, violent offender to consecutive terms of nine years for each conviction. See T.C.A. § 39-13-504 (2010). On appeal, he contends that (1) the State’s failure to respond properly to his request for a bill of particulars should have resulted in a mistrial and (2) the trial court erred in imposing consecutive sentencing. We affirm the Defendant’s convictions, but because of inappropriate sentencing, we reverse the judgments and remand the case for entry of judgments reflecting concurrent sentences.

A Shelby County Grand Jury returned an indictment against Defendant, Charles Pennington, charging him with first degree felony murder, attempted especially aggravated robbery, and employing a firearm in the commission of a felony. Following a jury trial, Defendant was convicted of first degree felony murder and attempted especially aggravated robbery. Defendant was found not guilty of employing a firearm in the commission of a felony. Defendant was sentenced to life for the murder conviction, and by agreement with the State, to a concurrent sentence of twelve years for attempted especially aggravated robbery. On appeal, Defendant argues that the evidence was insufficient to support his convictions. After a thorough review, we affirm the judgment of the trial court.