Bryant Ward v. State of Tennessee
The Petitioner, Bryant Ward, pleaded guilty to second degree murder, in exchange for a twenty-year sentence. The Petitioner filed a petition for post-conviction relief, alleging that his trial counsel was ineffective and that he was on a medication that inhibited his ability to enter a knowing and voluntary guilty plea. After a hearing, the post-conviction court denied relief. After review, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
Victor Valle v. State of Tennessee
A Shelby County jury convicted the Petitioner, Victor Valle, of rape of a child, and the trial court sentenced him to a term of twenty-two years imprisonment. Thereafter, he filed a petition for post-conviction relief, asserting that he was denied the effective assistance of counsel. In relevant part, the Petitioner alleged that his attorneys were ineffective by (1) calling the victim’s mother and his former spouse as witnesses at trial; (2) failing to explain his right to testify and advising him not to testify; and (3) failing to advise him of his right to have the jury instructed regarding lesser-included offenses. The Petitioner also asserted that he was entitled to relief due to cumulative error. After a hearing, the post-conviction court denied relief, and the Petitioner appealed. Upon our review, we respectfully affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Derek Morse
Defendant, Derek Morse, was convicted by a Hamilton County jury of three counts of premeditated first degree murder and one count of attempted premeditated first degree murder. Defendant was sentenced to three terms of life imprisonment without parole for the first-degree murder convictions, and he was ordered to serve a concurrent sentence of fifteen years for the attempted first degree murder conviction. In this direct appeal, Defendant contends that: 1) the evidence at trial was insufficient to sustain his convictions because the State failed to establish his identity as a shooter; 2) the trial court erred by allowing evidence of a prior bad act; 3) the State failed to establish a proper chain of custody for evidence of gunshot residue on Defendant's clothing; 4) the trial court should have granted a new trial based on newly discovered evidence; 5) the trial court should have granted a new trial based on proof that a State's witness gave false testimony that he did not receive favorable treatment from the State for his testimony against Defendant; 6) the State made improper comments during its opening statement and closing argument; and 7) the cumulative effect of these errors entitles Defendant to a new trial. Having reviewed the entire record and the briefs and arguments of the parties, we affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. William Joel Lauper
The Defendant, William Joel Lauper, was convicted by a Rutherford County Jury of especially aggravated kidnapping, four counts of aggravated assault, domestic assault resulting in a bodily injury, and preventing another from making an emergency call, for which he received an effective sentence of fifty years, eleven months, and twenty-nine days of confinement. In this direct appeal, the sole issue presented for our review is whether the State established the essential element of serious bodily injury to sustain the especially aggravated kidnapping conviction. After review, we affirm. |
Rutherford | Court of Criminal Appeals | |
Billie Joe Chapman v. State of Tennessee
In 2021, the Petitioner, Billie Joe Chapman, pleaded guilty in separate cases to multiple burglary, vandalism, and weapon charges for which he received an effective sentence of thirteen years of incarceration. The Petitioner filed a petition for post-conviction relief, alleging the ineffective assistance of counsel, and the trial court denied him relief. This court affirmed the denial. Chapman v. State, No. W2022-01333-CCA-R3-PC, 2023 WL 5572932, at *1 (Tenn. Crim. App. Aug. 29, 2023), no perm. app. filed. Thereafter, the Petitioner filed a petition for writ of habeas corpus, and the trial court entered an order summarily dismissing the petition. We affirm the trial court’s judgment. |
Madison | Court of Criminal Appeals | |
Ernest Butler v. State of Tennessee
Petitioner, Ernest Butler, was convicted of first degree felony murder and possession of a firearm by a convicted felon, for which he received an effective sentence of life imprisonment plus fifteen years. This court affirmed Petitioner’s convictions and sentences on direct appeal. Petitioner then filed a petition for post-conviction relief in which he claimed ineffective assistance of counsel, and the post-conviction court denied the petition after a hearing. On appeal, Petitioner asserts that trial counsel was ineffective for failing to object to the State’s methods for refreshing and impeaching a testifying witness, and for failing to request a jury instruction on voluntary intoxication. He also argues cumulative error deprived him of a fair trial. Discerning no error, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Jason Steven Molthan v. State of Tennessee
Petitioner, Jason Steven Molthan, appeals from the trial court’s summary denial of his motion to correct an illegal sentence related to his misdemeanor convictions for stalking and harassment, for which he received consecutive sentences of eleven months and twenty-nine days. On appeal, he argues that the trial court erred by denying his motion without the appointment of counsel and a hearing; that the trial court improperly imposed consecutive sentencing by finding that his history of criminal activity was extensive; and that he received ineffective assistance of appellate counsel in his direct appeal. After a thorough review of the record, we affirm. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Jonathan Ellerbasch, Alias
Defendant, Jonathan Ellerbasch, Alias, pleaded guilty in the Knox County Criminal Court |
Knox | Court of Criminal Appeals | |
James Anthony Andrews v. State of Tennessee
James Anthony Andrews, Petitioner, pleaded guilty in this case to two counts of aggravated assault. At the same hearing, Petitioner pleaded guilty to additional charges in another case. As part of his plea agreement, Petitioner agreed to concurrent eight-year sentences for the aggravated assault charges to run consecutively to a two-year sentence for the charges in the other case—for a total effective sentence of ten years—with the manner of service to be determined by the trial court. The trial court accepted Petitioner’s guilty pleas, and Petitioner applied for probation, which the State opposed. The trial court denied Petitioner’s request for probation, requiring him to serve his ten-year sentence in incarceration. Petitioner subsequently petitioned for post-conviction relief, asserting that his trial counsel was ineffective for failing to adequately investigate the case and that his guilty pleas were not knowingly and voluntarily made. After a hearing, the post-conviction court denied Petitioner’s amended petition. After review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Christopher David Hodge v. State of Tennessee
Petitioner, Christopher David Hodge, appeals from the summary dismissal of his petition for writ of error coram nobis, which was filed approximately twenty years after his conviction for second degree murder. Because the evidence that Petitioner claims is newly discovered does not show that Petitioner is actually innocent of the underlying crime for which he was convicted, he is not entitled to equitable tolling of the statute of limitations. Discerning no error, we affirm the judgment of the coram nobis court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Larry McKee, Jr.
Defendant, Larry E. McKee, appeals his Bradley County conviction for theft of property valued at more than $1,000, but less than $2,500. He contends on appeal that the trial court abused its discretion and committed reversible error by (1) prohibiting Defendant's trial counsel from cross-examining two witnesses as to the manner in which the landlord of the burglarized property received rent payments from the tenants, (2) refusing to allow trial counsel to explain the relevancy of said line of questioning, and (3) threatening to hold the trial counsel in contempt for continuing to ask the witnesses about such payment methods after the trial court ruled them irrelevant. After review, we affirm the judgment of the trial court. |
Bradley | Court of Criminal Appeals | |
Darrel Hochhalter v. Christopher Brun, Warden
The Petitioner, Darrel Hochhalter, who is serving a twenty-two-year sentence for convictions of six counts of sexual battery by an authority figure and one count of rape, appeals from the Hickman County Circuit Court’s summary dismissal of his petition for the writ of habeas corpus. He contends on appeal that the habeas corpus court erred in summarily dismissing his petition. We disagree and affirm the judgment of the habeas corpus court. |
Hickman | Court of Criminal Appeals | |
Vana Mustafa v. State of Tennessee
The Petitioner, Vana Mustafa, appeals from the post-conviction court’s summary dismissal of his amended petition for post-conviction relief. He contends that, although his claim of ineffective assistance of trial counsel was litigated in his motion for new trial and on direct appeal, he is nonetheless entitled to post-conviction relief based on new grounds of trial counsel’s alleged ineffectiveness. In addition, he argues that appellate counsel was ineffective for failing to include these new grounds on direct appeal. After review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Ashley Bianca Ruth Kroese
Defendant, Ashley Bianca Ruth Kroese, appeals the denial of her motion to correct clerical errors in her judgments. On appeal, she claims the trial court erred by summarily denying her motion and failing to enter corrected judgments to include jail credit for the time she was on home confinement pending trial. Because the record is inadequate for meaningful review, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Natasha Lynn Bryant Fults
Defendant, Natasha Lynn Bryant Fults, was indicted by a Warren County Grand Jury on two counts of tampering with evidence. See T.C.A. § 39-16-503. Pursuant to a plea agreement, she pled guilty to both counts with the trial court to determine the length and manner of service. The trial court sentenced Defendant as a Range I offender to serve five years incarcerated. Defendant appeals, arguing the trial court abused its discretion by not sentencing her to split confinement or alternative sentencing. Following our review of the record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Anthony T. Braden
Defendant, Anthony T. Braden, was convicted by a Humphreys County jury of two counts of aggravated sexual battery. The trial court imposed an effective ten-year sentence. Defendant appeals, arguing that the trial court committed plain error in finding that the victim had properly authenticated the video-recorded forensic interview under Tennessee Code Annotated section 24-7-123(b)(1). Upon our review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court. |
Humphreys | Court of Criminal Appeals | |
State of Tennessee v. Shavone D. Page
Pro se Petitioner, Shavone D. Page, appeals the summary denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. After review, we agree with the trial court that Petitioner has not raised a colorable claim under Rule 36.1, and we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Jayson Keith Johnson
A Benton County jury convicted the Defendant, Jayson Keith Johnson, of reckless homicide and introduction of contraband into a penal institution. At the sentencing hearing, the trial court found that the Defendant was a Range III, persistent offender. It also found that consecutive sentences were appropriate and sentenced the Defendant to an effective term of twenty years. On appeal, the Defendant argues that the trial court improperly imposed consecutive sentences. He also asserts that the State did not provide adequate pretrial notice that he would be subject to Range III sentencing. Upon our review, we hold that the trial court acted within its discretion in imposing consecutive sentences. However, we respectfully remand the case for the trial court to resentence the Defendant as a Range II, multiple offender. |
Benton | Court of Criminal Appeals | |
State of Tennessee v. Daniel Joe Otten II
Defendant, Daniel Joe Otten II, appeals from the trial court’s revocation of his community corrections sentence and order to serve the remainder of his five-year sentence in confinement. Defendant argues that he was denied the right to confront witnesses at the violation hearing and that the trial court improperly based its finding on hearsay evidence without a showing of reliability; that the evidence was insufficient to support the trial court’s finding that Defendant violated the conditions of his release and the trial court applied an incorrect standard by failing to distinguish between failure to report and absconsion; and that the trial court erred by ordering full revocation. After review, we conclude that the trial court erred by admitting hearsay testimony without a finding of good cause or reliability. Accordingly, we reverse the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. James Allen Gooch, Jr.
Pro se Petitioner, James Allen Gooch, Jr., appeals the trial court’s summary denial of his third motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, arguing that his sentence is illegal because the State failed to procure a valid arrest warrant. Upon our review, we conclude that the Petitioner has waived this claim for failure to raise it in his trial court motion and that, regardless, this court has already considered and rejected the Petitioner’s argument in a previous appeal. See State v. Gooch, No. M2017-01885-CCA-R3-CD, 2018 WL 3414293 (Tenn. Crim. App. July 13, 2018), no perm. app. filed. Accordingly, we affirm the judgment of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Johntavius Griggs
In this interlocutory appeal pursuant to Tennessee Rule of Appellate Procedure 9, we review the trial court’s order denying the motion of Defendant, Johntavius Griggs, for release from custody after he was found to be incompetent to stand trial for first degree murder due to his intellectual disability. The trial court found that the conclusion of psychiatrists designated by the Department of Intellectual and Developmental Disabilities (“DIDD”)1 that Defendant was ineligible for involuntary commitment was based on their misinterpretation of the statutory provisions governing the involuntary commitment of defendants found to be incompetent to stand trial due to intellectual disability. The trial court ordered additional evaluations by DIDD-designated physicians or psychologists to determine Defendant’s eligibility for involuntary commitment. Upon review, we conclude that the DIDD-designated psychiatrists misinterpreted the applicable statutory provisions in determining that Defendant did not meet the statutory requirements for involuntary commitment. Accordingly, we affirm the trial court’s judgment denying Defendant’s motion for release from custody, and we remand for further proceedings consistent with this opinion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Sean Austin Miller
The Defendant, Sean Austin Miller, was convicted of aggravated sexual battery and received a sentence of ten years in confinement. The sole issue presented for our review is whether the Defendant touched the victim for the purpose of sexual arousal or gratification. We affirm. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Leigh Katherine Littleton
The Johnson County Grand Jury charged the Defendant, Leigh Katherine Littleton, and |
Johnson | Court of Criminal Appeals | |
Glenn Larry Brown v. State of Tennessee
The Petitioner, Glenn Larry Brown, Jr., appeals from the Knox County Criminal Court’s |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Robert Oliver
The Defendant, Robert Oliver, was convicted by a Washington County jury of aggravated rape and aggravated assault, for which he received an effective sentence of twenty-eight years' incarceration. On appeal, the Defendant argues that (1) the evidence adduced at trial was insufficient to support his conviction of aggravated rape, (2) the State committed prosecutorial misconduct during closing arguments, and (3) the trial court erred by ordering the Defendant to pay $60,000 in fines. Following our review, we concluded that the trial court failed to make appropriate findings regarding its imposition of fines. Therefore, we reverse the trial court's sentencing determination regarding the fines and remand this case for further proceedings consistent with this opinion. We otherwise affirm the judgments of the trial court. |
Washington | Court of Criminal Appeals |
