James Holmes v. State of Tennessee
Petitioner, James Holmes, appeals the denial of his petition for post-conviction relief. Petitioner argues that he was denied effective assistance of counsel because his attorneys failed to adequately prepare for Petitioner’s trial and because there was a breakdown in communication between Petitioner and his attorneys. Following a review of the briefs and record, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Dana Ray Davison
A McNairy County Circuit Court Jury convicted the Appellant, Dana Ray Davison, of attempted voluntary manslaughter; employing a firearm during the attempt to commit a dangerous felony; employing a firearm during the attempt to commit a dangerous felony while having a prior felony conviction; aggravated assault with a deadly weapon; felony reckless endangerment; possession of a firearm after having been convicted of a felony drug offense; criminal trespass of a habitation; and the intentional killing of an animal. After a sentencing hearing, the trial court merged the two convictions of employing a firearm during the attempt to commit a dangerous felony and ordered that the Appellant serve a total effective twenty-year sentence for all of the convictions. Pursuant to Tennessee Code Annotated section 39-17-1324(h)(2), the twenty-year sentence included a mandatory ten-year sentence to be served at one hundred percent for employing a firearm during the attempt to commit a dangerous felony while having a prior felony conviction. On appeal, the Appellant contends that the sentencing provisions of Tennessee Code Annotated section 39-17-1324 violate the principles of due process because they lack definiteness and specificity. The State contends that the trial court erred by not sentencing the Appellant for both convictions of employing a firearm during the attempt to commit a dangerous felony before merging the convictions. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
McNairy | Court of Criminal Appeals | |
State of Tennessee v. Ketorrence Eugene Rollins
The defendant, Ketorrence Eugene Rollins, appeals his Davidson County Criminal Court jury convictions of two counts of aggravated robbery, arguing that the evidence adduced at trial was insufficient to sustain his convictions. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
Carl J. Wagner v. State of Tennessee
The pro se Petitioner, Carl J. Wagner, appeals the denial of his petition for post-conviction DNA analysis and the dismissal of his Tennessee Rule of Civil Procedure 60.02 motion to correct/relieve him of his judgments of conviction. Following our review, we affirm the judgments of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Donald Peden v. State of Tennessee
The petitioner, Donald Peden, appeals the denial of his petition for post-conviction relief, which petition challenged his convictions of attempted first degree murder and theft of property valued at $500 or less, alleging that he was deprived of the effective assistance of counsel. Because the petitioner’s post-conviction counsel also represented the petitioner on direct appeal, we remand to the post-conviction court to determine whether the petitioner knowingly and voluntarily agrees to waive post-conviction counsel’s conflict of interest. |
Davidson | Court of Criminal Appeals | |
Antonio Richardson v. State of Tennessee
The petitioner, Antonio Richardson, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial. The petitioner also challenges the constitutionality of Rule 13 of the Tennessee Supreme Court Rules, claiming the post-conviction court erred in its adherence to the same. Following our review, we affirm the denial of the petition and the post-conviction court’s application of Rule 13. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Tommie Taylor
The defendant, Tommie Taylor, was convicted by a Shelby County Criminal Court jury for possession of a firearm by a convicted felon. On appeal, the defendant challenges the sufficiency of the evidence supporting his conviction, arguing the State failed to prove beyond a reasonable doubt the defendant was the person who shot the victim. After our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jamal Bowens
The defendant, Jamal Bowens, appeals from the entry of an order denying his motion to suspend the remainder of his sentence pursuant to Tennessee Code Annotated § 40-35-306(c). The defendant pleaded guilty to robbery and aggravated assault, both Class C felonies, for which he received a total effective sentence of six years in the Tennessee Department of Correction. In denying the defendant’s motion, the trial court found the defendant was not a suitable candidate for probation. Following our review of the record, we conclude the trial court did not abuse its discretion. |
Shelby | Court of Criminal Appeals | |
Barry Leon Ferguson v. State of Tennessee
The petitioner, Barry Leon Ferguson, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective the assistance of counsel prior to and during his guilty plea hearing. After our review of the record, briefs, and applicable law, we affirm the denial of the petition. |
Dyer | Court of Criminal Appeals | |
Hubert Glenn Sexton, Jr. v. State of Tennessee
The petitioner, Hubert Glenn Sexton, Jr., appeals the denial of his post-conviction petition, in which the petitioner challenged his conviction for two counts of first degree murder, arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial and on appeal. After our review of the record, briefs, and applicable law, we conclude the petitioner was denied his constitutional right to a fair and impartial jury and received the ineffective assistance of counsel. Accordingly, we reverse the judgment of the post-conviction court, vacate the petitioner’s convictions, and remand the case to the trial court for a new trial. |
Scott | Court of Criminal Appeals | |
Chad Ray Thompson v. State of Tennessee
The Petitioner, Chad Ray Thompson, appeals from the denial of his petition for post-conviction relief, wherein he challenged his jury convictions for first degree premeditated murder, first degree felony murder, and facilitation of especially aggravated robbery. On appeal, the Petitioner alleges that he received ineffective assistance at trial due to trial counsel’s (1) failure to seek funding for an investigator and adequately prepare for trial; (2) failure to call certain witnesses; and (3) failure to file any pretrial motions or object at trial to exclude evidence. He also submits that the cumulative effect of these errors deprived him of a fair trial. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Warren | Court of Criminal Appeals | |
Daniel G. Carr v. State of Tennessee
In this consolidated appeal, the Petitioner, Daniel G. Carr, appeals the Macon County Circuit Court’s dismissals of his petitions for post-conviction and habeas corpus relief from his 1999 convictions for rape, attempted rape, aggravated sexual battery, statutory rape, and two counts of sexual battery and his effective ten-year sentence. He contends that the court erred in denying post-conviction relief without holding an evidentiary hearing and that the court erred by denying habeas corpus relief because the court lacked jurisdiction to amend the judgments. Because the Petitioner had completed his term of imprisonment prior to entry of the amended judgments, we agree with the Petitioner, and conclude that the court was without jurisdiction to enter the amended judgments. We reverse and vacate the court’s judgment relative to the habeas corpus claim, and we remand this matter with instructions to grant habeas corpus relief. In the event of further review, we also conclude that the court erred in dismissing the Petitioner’s post-conviction petition without a hearing, and we remand this case for consideration of whether due process requires tolling the post-conviction statute of limitations and, if so, whether the Petitioner is entitled to post-conviction relief. |
Macon | Court of Criminal Appeals | |
Daniel G. Carr v. State of Tennessee - Concurring/Dissenting
I concur with the majority’s conclusions to reverse the judgment of the post-conviction court and to remand this case for consideration of whether due process requires tolling of the one-year statute of limitations and, if so, whether the Petitioner is entitled to |
Macon | Court of Criminal Appeals | |
Rodney Jennings v. State of Tennessee
The petitioner, Rodney Jennings, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial. Following our review, we affirm the denial of the petition. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Omari Shakir Davis
In this delayed appeal, the defendant, Omari Shakir Davis, challenges the Davidson County Criminal Court’s denial of alternative sentencing for his guilty-pleaded conviction of possession with intent to sell or deliver 15 grams or more of a substance containing heroin. The State contends that this appeal should be dismissed as untimely. Our review of the record indicates that the defendant’s notice of appeal was untimely. Because the interests of justice do not support our waiving the timely filing requirement, this appeal is dismissed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Douglas Marshall Mathis
Petitioner, Douglas Marshall Mathis, appeals the denial of both his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1 and his motion to withdraw his original, pro se petition for post-conviction relief, which was granted in 2001. Because Petitioner failed to state a colorable claim for relief and because the life sentence imposed for his first degree murder conviction is legal, we affirm the denial of his Rule 36.1 motion. Because Petitioner’s original petition for post-conviction relief was heard and granted nearly two decades ago, we affirm the denial of Petitioner’s motion to withdraw that petition. |
Houston | Court of Criminal Appeals | |
State of Tennessee v. Billy McCarty Amyx
A Hawkins County jury convicted the Defendant, Billy McCarty Amyx, of filing a false report and fabricating evidence, and the trial court imposed an effective sentence of six years in the Tennessee Department of Correction. The Defendant appeals, asserting that the evidence does not support his convictions and that the trial court abused its discretion when it ordered him to serve six years. After review, we affirm the trial court’s judgments. |
Hawkins | Court of Criminal Appeals | |
Willie Lee Hughes, Jr. v. State of Tennessee
A Williamson County jury convicted Petitioner, Willie Lee Hughes, Jr., of aggravated robbery, for which he received a sentence of twenty-five years’ incarceration. Petitioner filed for post-conviction relief, which was denied following an evidentiary hearing. Petitioner appeals, asserting that he was denied the effective assistance of counsel based on trial counsel’s failure to: (1) explore racial bias during jury selection; (2) challenge the lack of diversity in the venire; (3) advise Petitioner of his right to allocution at sentencing; and (4) argue on appeal that the trial court erred by failing to declare a mistrial after being advised of an interaction between jurors and Petitioner’s son. Following a thorough review, we affirm the judgment of the post-conviction court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Randy Milligan
Randy Milligan (“Defendant”) pled guilty, as a Range III persistent offender, to delivery of a Schedule III controlled substance, a Class D felony. At a subsequent hearing, the trial court sentenced Defendant to eleven years, with a forty-five percent release eligibility, to serve in the Tennessee Department of Correction. On appeal, Defendant argues that the trial court abused its discretion by denying Defendant’s request for a suspended sentence. Following a thorough review, we affirm the judgment of the trial court. |
McNairy | Court of Criminal Appeals | |
State of Tennessee v. Darius Deshun Mitchell
The Defendant, Darius Deshun Mitchell, was convicted by a Lauderdale County Circuit Court jury of two counts of first degree premeditated murder, two counts of first degree felony murder, two counts of especially aggravated robbery, and one count of possession of a firearm by a convicted felon. See T.C.A. §§ 39-13-202 (2014) (subsequently amended) (first degree murder), 39-13-403 (2018) (especially aggravated robbery), 39-17-1307(b)(1)(B) (2010)(subsequently amended) (possession of a weapon by a person who has been convicted of a felony drug offense). The trial court merged the first degree murder convictions with respect to each of the two victims into a single judgment of conviction for first degree murder as to each victim and imposed concurrent life sentences, which were to be served concurrently with a federal sentence and consecutively to a sentence for which the Defendant was on parole. The court imposed twenty-five-year sentences for each of the two especially aggravated robbery convictions and ordered that they be served concurrently with each other and to federal sentence and consecutively to the first degree murder sentences and to a sentence for which the Defendant was on parole. The court imposed a six-year sentence for the firearm conviction and ordered that it be served concurrently with a federal sentence and consecutively to the first degree murder sentences and to a sentence for which the Defendant was on parole. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. We affirm the judgments of the trial court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Antonio Burkhart, Alias Antonio Markezzee Burkhart
In two consolidated cases, the Defendant pleaded guilty to three counts of violating the sex offender registry, reserving two certified questions of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) regarding the validity of his original judgment and the validity of the reporting requirements. After review, we affirm the trial court’s judgments. |
Knox | Court of Criminal Appeals | |
Anthony Todd Ghormley v. State of Tennessee
The Petitioner, Anthony Todd Ghormley, appeals the Blount County Circuit Court’s denial of his petition for post-conviction relief from his convictions of two counts of attempted first degree murder, one count of especially aggravated kidnapping, one count of especially aggravated burglary, and three counts of aggravated assault and resulting effective sentence of one hundred five years. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel and that the trial court was impermissibly biased against him. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Donald Lee Shields, Jr.
After a trial, a Warren County jury found Defendant, Donald Lee Shields, Jr., guilty of three counts of especially aggravated kidnapping, one count of false imprisonment, and one count of attempted aggravated assault. The trial court sentenced Defendant as a Range I standard offender to an effective sentence of eighteen years. On appeal, Defendant argues that the evidence is insufficient to support his convictions for especially aggravated kidnapping. After a thorough review of the record and applicable case law, we affirm the judgments of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Justin Ryan Johnson, Alias
Following a revocation hearing, the trial court revoked the probation of Defendant, Justin Ryan Johnson, and ordered confinement for his remaining sentence. On appeal, Defendant alleges the trial court abused its discretion and requests the revocation be reversed and his sentence be returned to enhanced probation. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Todd Fawver
The Appellant, Todd Fawver, appeals the trial court’s revocation of his probation and denial of his motion to reduce his sentence, arguing that his violation was merely “technical” and that he should have been given a second chance at alternative sentencing. Upon review, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals |
