Tennessee Administrative Office of the Courts

Petitioner, James Dellinger, appeals the trial court’s summary dismissal of his petition seeking to invalidate the sentence of death imposed for his conviction of first degree murder. The petition sought error coram nobis relief pursuant to Tennessee Code Annotated section 40-26-105, asserted that his sentence of death is an illegal sentence to be corrected pursuant to Tennessee Rule of Criminal Procedure 36.1, and that he is entitled to relief by “any other remedy that at common law exists.” After review, we affirm the judgment of the trial court.

The Defendant, Krystal Gail Jenkins, appeals the trial court’s revocation of her probation, arguing that the court abused its discretion in not considering all alternative sentences to incarceration and ordering her to serve the balance of her original sentence in the Department of Correction. After thorough review, we affirm the judgment of the trial court.

The pro se petitioner, Thomas N. Allen, appeals the denial of his petition for writ of habeas corpus by the Lake County Circuit Court, arguing the trial court erred in summarily dismissing the petition. The petitioner asserts his indictment was defective for failing to cite the correct statutory provision, the trial court erred by giving erroneous jury instructions, and the indictment was illegally amended during trial, entitling the petitioner to habeas corpus relief. Following our review, we affirm the habeas court’s dismissal of the petition as the petitioner has failed to show he is entitled to relief.

A Davidson County jury convicted the Defendant, Granvil Johnson, of evading arrest, and the trial court sentenced the Defendant to eleven years in the Tennessee Department of Correction. On appeal, the Defendant contends that the trial court abused its discretion when it sentenced him and that he received the ineffective assistance of counsel at his sentencing hearing. After a thorough review of the record and applicable law, we affirm the trial court’s judgment.

Defendant, David Mack Brewer, was indicted by the Hardin County Grand Jury with one count of DUI per se, one count of DUI, and one count of possession of a loaded handgun while under the influence of an intoxicant. Defendant filed a motion to suppress all “evidence, specifically including any alcohol test results, firearm, statements and field sobriety tasks results, acquired, observed and/or seized by any and all law enforcement officers, . . . by means of a warrantless entry, search, seizure and arrest of the Defendant’s person, breath, acts, conduct, statements and vehicle . . . on April 26, 2016.” An evidentiary hearing was held. The trial court narrowed the issues during the hearing to the sole issue of whether there was an unlawful warrantless arrest. The trial court determined that the warrantless arrest for the misdemeanor of DUI was unlawful and granted the motion to suppress on that basis. The State subsequently announced it could not prosecute without the evidence which had been suppressed and moved to dismiss the indictment as a result of the suppression ruling. The trial court dismissed the charges, and the State filed a timely notice of appeal of the trial court’s suppression of the evidence. After oral argument and the review of the record and the parties’ briefs, we reverse the judgment of the trial court, reinstate the indictment, and remand for further proceedings in the trial court.

The Petitioner, Mike Settle, appeals the trial court’s dismissal of his petition for writ of error coram nobis in which he challenged his 2001 guilty plea for especially aggravated kidnapping. Because coram nobis relief is not available to challenge guilty pleas, we affirm the trial court’s judgment pursuant to Court of Criminal Appeals Rule 20.

The Defendant, Donte Lavon Green, was charged with narcotics offenses after drugs were discovered during a “protective sweep” of his motel room and subsequently seized pursuant to a search warrant. The trial court denied the Defendant’s motion to suppress the evidence, and a jury convicted him of possession with intent to sell 0.5 grams or more of cocaine, possession with intent to deliver 0.5 grams or more of cocaine, possession with intent to sell 14.175 grams or more of marijuana, possession with intent to deliver 14.175 grams or more of marijuana, and possession of drug paraphernalia. The Defendant challenges the sufficiency of the evidence and the denial of his motion to suppress. After a thorough review of the record, we conclude that the evidence is sufficient to support the convictions and that the Defendant is not entitled to the suppression of the evidence, which was seized pursuant to a search warrant not challenged on appeal. Accordingly, we affirm the trial court’s judgments.

Defendant, Michael Scott Bickford, appeals from the trial court’s denial of his motion for correction of his sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Because Defendant voluntarily pled above his range, his sentence is not illegal. Therefore, we affirm the judgment of the trial court.

The Petitioner, LaGerald Johnson, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his convictions of one count of aggravated assault, three counts of domestic assault, and one count of harassment and resulting effective six-year sentence. On appeal, he contends that he received the ineffective assistance of trial counsel, which resulted in his guilty pleas being involuntary. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

The Defendant, Michael Austin, was convicted by a Shelby County Criminal Court jury of aggravated robbery, a Class B felony; convicted felon in possession of a firearm, a Class C felony; and driving with a revoked, suspended or cancelled license, a Class A misdemeanor. The trial court sentenced the Defendant as a Range I, standard offender to eight years for the aggravated robbery conviction, three years for the firearm conviction and six months for the driving conviction and ordered that the felony sentences be served consecutively to each other, for a total effective sentence of eleven years in the Department of Correction. On appeal, the Defendant challenges the sufficiency of the convicting evidence for his felony convictions and argues that the trial court erred in ordering consecutive sentences. Following our review, we affirm the judgments of the trial court.

Petitioner, David Wi, pled guilty to aggravated burglary, felony murder, attempted first degree felony murder, attempted first degree premeditated murder, conspiracy to commit first degree murder, and aggravated assault in exchange for a sentence of life plus twenty-five years. Petitioner subsequently filed a petition for post-conviction relief and alleged that he received ineffective assistance of counsel and that his guilty pleas were not knowing and voluntary. The post-conviction court denied relief. After a review, we affirm the judgment of the post-conviction court on the issues of ineffective assistance of counsel and the knowing and voluntary nature of Petitioner’s guilty plea. However, we must reverse Petitioner’s conviction for attempted first degree felony murder and dismiss Count Five of the indictment because Count Five of the indictment fails to state an offense.

The Appellant, Darrell Adams, is appealing the trial court’s denial of his motion to correct an illegal sentence. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted.