Brian Lee Webb v. State of Tennessee
Petitioner, Brian Lee Webb, appeals from the denial of his petition for post-conviction relief. Because Petitioner failed to establish that he received ineffective assistance of counsel, we affirm the judgment of the post-conviction court. |
Benton | Court of Criminal Appeals | |
State of Tennessee v. Antonious Johnson and Rodney Williams
The Defendants, Antonious Johnson and Rodney Williams, were convicted by a Shelby County Criminal Court jury of first degree felony murder, aggravated burglary, and employment of a firearm during the commission of a dangerous felony, and Defendant Johnson was additionally convicted of aggravated robbery and theft of property valued at more than $1000. Defendant Johnson received a sentence of life imprisonment plus nine years, while Defendant Williams received a life sentence. On appeal, the Defendants argue that the trial court improperly admitted the victim’s testimony and that the evidence is insufficient to sustain their convictions. Additionally, Defendant Johnson argues that he is entitled to relief based on cumulative error, while Defendant Williams argues that the trial court committed plain error in admitting a photograph of him at the crime scene and that his life sentence is cruel and unusual because he was a juvenile at the time of the offense. After thorough review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Mohamed A. Almahmmody
A jury convicted Mohamed A. Almahmmody, Defendant, of one count of first degree premeditated murder and three counts of aggravated assault. The trial court sentenced Defendant to a total effective sentence of life plus six years. On appeal, Defendant argues that the trial court erred in denying his motion to suppress evidence obtained from his cell phone as a result of an invalid search warrant and that the trial court erred in declining to provide a special jury instruction on self-defense in the killing of an innocent bystander. After a thorough review of the facts and applicable case law, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Charles E. Mason, Jr.
The Defendant, Charles E. Mason, Jr., pled guilty to four counts of aggravated assault and one count of aggravated stalking charged in three separate indictments and received an aggregate sentence of twenty years to be served on probation. The trial court found the Defendant in violation of his probation for three convictions of aggravated assault and for aggravated stalking and ordered him to serve these sentences in confinement. The Defendant appeals, asserting that the trial court erred in revoking his probation and that the trial court erred by not including graduated sanctions under Tennessee Code Annotated section 40-28-304 when it reinstated his probation approximately six months prior to the instant violation. We conclude that the trial court did not abuse its discretion in revoking the Defendant’s probation and that the issue regarding graduated sanctions has been waived. We affirm the trial court’s judgment. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Sean Angelo Davenport
A jury convicted Defendant, Sean Angelo Davenport, of first degree premeditated murder, and Defendant was sentenced to life. On appeal, Defendant argues that (1) the evidence was insufficient for a rational juror to have found him guilty of first degree premeditated murder; (2) the trial court erred by instructing the jury on flight; (3) the trial court erred by failing to give Defendant’s requested jury instruction on spoliation; (4) the trial court erred by admitting evidence of Defendant’s prior bad acts; and (5) the trial court erred by failing to order a mistrial when, during deliberations, the jury asked if Defendant had access to their personal information. After a thorough review of the facts and applicable case law, we affirm. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Tosha Marie Silcox
Defendant, Tosha Marie Silcox, appeals from the trial court’s revocation of her probation in November 2018. Without presenting the issue to the trial court, Defendant now challenges the trial court’s 2016 probation revocation order, which modified Defendant’s original 2014 sentence. The modified probation order required Defendant to serve a sentence of split confinement for a period of one year and extended Defendant’s probation. With regard to the 2018 revocation, Defendant argues that the State failed to prove that Defendant disobeyed a lawful order of the probation officer and that she used “abusive, threatening, or intimidating behavior” towards her probation officer. After hearing oral argument and conducting a full review of the record, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Osei Sorrell
A Hamilton County jury convicted the Defendant, Osei Sorrell, of attempted second degree murder, aggravated assault, and reckless endangerment. The trial court dismissed the aggravated assault conviction in its capacity as 13th juror and imposed an effective |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Zackary James Earl Ponder
The defendant, Zackary James Earl Ponder, appeals his Stewart County Circuit Court jury convictions of first degree premeditated murder and aggravated assault, claiming that the trial court erred by admitting into evidence three photographs of the victim, by refusing to allow the defendant pretrial access to the criminal history of a State witness, by limiting his cross-examination of the investigating officer, by permitting the prosecutor to express his personal opinion during closing argument, and by failing to address “the fine portion of the defendant’s sentence.” He also challenges the sufficiency of the evidence for his conviction of first degree murder. Although we conclude that portions of the State’s closing argument were improper, we deem the error harmless. We detect clerical error in the judgment for the defendant’s conviction of aggravated assault that necessitates the entry of a corrected judgment for that count. Otherwise, the judgments of the trial court are affirmed. |
Stewart | Court of Criminal Appeals | |
State of Tennessee v. David B. Garnder
Petitioner, David B. Gardner, appeals the denial of his petition for a writ of error coram nobis based upon newly discovered evidence. After thoroughly reviewing the record and applicable authorities, we affirm the judgment of the error coram nobis court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Douglas Edward Christian
Defendant, Douglas Edward Christian, was convicted of Class B felony possession of .5 grams or more of methamphetamine, a Schedule II controlled substance, with the intent to sell or deliver (Count 1); Class B felony possession of .5 grams or more of cocaine, a Schedule II controlled substance, with the intent to sell or deliver (Count 2); Class D felony possession of a Schedule III controlled substance, Bu[p]reno[r]phine, with the intent to sell or deliver (Count 3); and Class A misdemeanor possession of marijuana, a Schedule VI controlled substance (Count 4). The trial court sentenced Defendant to an effective term of twenty-years as a Range II offender. On appeal, Defendant claims that the trial court “erroneously used foreign judgments” to sentence him as a Range II offender, considered unsubstantiated information in sentencing him, wrongly denied pretrial jail credits, and erred by denying Defendant his right to a speedy trial. After a thorough review of the record and briefs, we affirm the judgments of the trial court. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. James Mitchell
Defendant, James Mitchell, entered a plea of guilty to possession with intent to sell more than .5 grams of methamphetamine. The trial court sentenced Defendant as a Range I, standard offender, to eight years. Defendant attempted to reserve a certified question of law under Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure, challenging the trial court’s denial of his motion to suppress the evidence seized after a search of his person that occurred when he arrived by car at another person’s home which was being searched pursuant to a search warrant. After review, we conclude that this Court does not have jurisdiction to address the certified question because the certification did not meet the requirements of State v. Preston, 759 S.W.2d 647 (Tenn. 1988). The appeal is, therefore, dismissed. |
Wayne | Court of Criminal Appeals | |
Lee D. Watts v. State of Tennessee
The petitioner, Lee D. Watts, appeals the denial of his petition for post-conviction relief, which petition challenged his 2015 convictions of first degree felony murder and especially aggravated robbery, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of post-conviction relief. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Tyson B. Dodson
The Defendant, Tyson B. Dodson, pled guilty to burglary, failure to appear, domestic assault, and vandalism valued at $1000 or less. After entering a guilty plea, the trial court imposed a sentence of three years, with eleven months and twenty-nine days to be served in confinement and the remainder of the sentence to be served under supervised probation. In addition, the Defendant was ordered to pay restitution in the amount of $999. On appeal, the Defendant contends that the trial court abused its discretion by altering the terms of the plea agreement and ordering restitution at the sentencing hearing and that the Defendant was denied his constitutional right to due process because the trial court failed to ensure that the Defendant had notice that restitution would be addressed at the sentencing hearing. Following our review, we reverse the order setting the restitution amount and remand for a restitution hearing, at which the trial court shall consider Defendant’s financial resources and ability to pay and determine the proper amount and schedule of restitution payments. In all other respects, the judgments are affirmed. |
Robertson | Court of Criminal Appeals | |
David N. Shaver v. State of Tennessee
Petitioner, David N. Shaver, appeals the Grainger County Circuit Court’s denial of his petition for post-conviction relief. Petitioner asserts that he received ineffective assistance of counsel in connection with his guilty plea proceedings. Specifically, he contends that trial counsel failed to properly explain the terms of the plea agreement and failed to conduct a proper investigation into the charge against Petitioner. After a thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court. |
Grainger | Court of Criminal Appeals | |
State of Tennessee v. Mimi Barrett
Mimi Barrett, Defendant, pled guilty to three counts of sale of a Schedule III controlled substance within a drug-free zone (counts one, three, and five), three counts of delivery of a Schedule III controlled substance within a drug-free zone (counts two, four, and six), and one count of maintaining a dwelling where a controlled substance was kept or sold (count seven). The trial court ordered Defendant to serve concurrent sentences of two years in the Tennessee Department of Correction for each conviction. On appeal, Defendant argues that the trial court erred by ordering her to serve her sentence in the Tennessee Department of Correction because the trial court incorrectly determined that her convictions under the Drug-Free School Zone Act (“DFSZ Act”) made her ineligible for community corrections. After a thorough review of the facts and applicable case law, we conclude that the trial court properly denied community corrections on the ground that Defendant was convicted under the Drug-Free School Zone Act. We affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Robert Diggs
Robert Diggs, Defendant, pled guilty to two counts of sale of a Schedule III controlled substance within a drug-free zone (counts one and five), two counts of delivery of a Schedule III controlled substance within a drug-free zone (counts two and six), and one count of maintaining a dwelling where a controlled substance was kept or sold (count seven). The trial court ordered Defendant to serve concurrent sentences of two years in the Tennessee Department of Correction for the convictions in counts one and five. No sentence was imposed in counts two and six. On appeal, Defendant argues that the trial court erred by ordering him to serve his sentence in the Tennessee Department of Correction because the trial court incorrectly determined that his convictions under the Drug-Free School Zone Act (“DFSZ Act”) made him ineligible for community corrections. After a thorough review of the facts and applicable case law, we conclude that the trial court properly determined that Defendant was not eligible for community corrections because Defendant was convicted under the DFSZ Act and we affirm the convictions. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Allen Judkins
The Defendant, Jeffrey Allen Judkins, appeals his jury conviction for aggravated robbery, for which he received a sentence of |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. Ronald Ailey
The Defendant, Ronald Ailey, was convicted by a jury of two counts of aggravated assault. Thereafter, the trial court imposed concurrent terms of four and one-half years, denied the Defendant’s request for judicial diversion, and ordered the Defendant to serve six months’ incarceration before being released on supervised probation. Upon the Defendant’s motion for new trial, he argued that he received ineffective assistance of counsel due to trial counsel’s failure to call exculpatory witnesses, failure to investigate and prepare for trial, failure to impeach certain State’s witnesses, failure to prepare the Defendant to testify, failure to object to improper questioning of the Defendant on crossexamination, and failure to adequately advise the Defendant during plea negotiations. On appeal, the Defendant contends that the trial court erred by denying him judicial diversion or total probation and by applying certain enhancement factors. He also challenges the trial court’s ruling that he received the effective assistance of counsel at trial. Upon a thorough review of the record and the applicable law, we affirm the judgments of the trial court. |
Hamblen | Court of Criminal Appeals | |
Joshua R. Starner v. State of Tennessee
The Petitioner, Joshua R. Starner, appeals the denial of post-conviction relief, arguing that he received ineffective assistance of trial counsel and that counsel’s actions deprived him of his right to testify at trial. We affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Dedrick Lamont Lindsey
Defendant, Dedrick Lamont Lindsey, appeals the trial court’s order revoking his probation and imposing his sentence. Defendant argues: (1) that the State failed to present “any substantial evidence” to support the trial court’s finding that Defendant violated his probation; (2) that the trial court erroneously admitted a witness’s recorded statement to police; and (3) that he received ineffective assistance of counsel at the probation revocation hearing. Following a thorough review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Michael David Carter and Steven Edward Carter
Following a jury trial, Michael David Carter (Michael Carter) was convicted of aggravated robbery and aggravated assault and Steven Edward Carter (Steven Carter) was convicted of facilitation of aggravated robbery and aggravated assault. Michael Carter was sentenced to twenty years for aggravated robbery, and Steven Carter was sentenced to nine years for facilitation of aggravated robbery. The trial court merged the aggravated assault convictions into the aggravated robbery convictions without imposing a sentence or entering a judgment of conviction for aggravated assault. On appeal, Defendants contend that: (1) the evidence presented at trial was insufficient to support their convictions; (2) the prosecutor improperly made a “Golden Rule” closing argument; and (3) the trial court erred in applying Tennessee Rules of Evidence 608 and 609 to exclude evidence of criminal charges pending against the victim at the time of trial. Michael Carter also contends that the trial court erred in sentencing him as a Range II offender and that his sentence was excessive. We remand for sentencing on the merged aggravated assault convictions and entry of a judgment of conviction for each Defendant pursuant to State v. Berry, 503 S.W.3d 360 (Tenn. 2015). We affirm the judgments of the trial court in all other respects. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Karen Sarah Thomas, Alias
The Defendant, Karen Sarah Thomas, alias, appeals her jury convictions for aggravated stalking. In this direct appeal, the Defendant alleges that the evidence was insufficient to support her convictions and that the trial court erred when it allowed the State to introduce evidence of an out-of-courtroom event that took place during the trial. Following our review of the record and the applicable authorities, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Quincy D. Scott
The Appellant, Quincy D. Scott, appeals as of right from the Bradley County Criminal Court’s judgment revoking his probation. The State has filed a motion to affirm by memorandum opinion the judgment of the trial court. Following our review, we conclude that an opinion in this case would have no precedential value and affirm the judgment of the habeas corpus court pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Krysten Renae Glover
The Defendant, Krysten Renae Glover, entered an open guilty plea to one count of the sale of 0.5 grams or more of methamphetamine and one count of the sale of methamphetamine in an amount less than 0.5 grams. The trial court held a sentencing hearing and imposed an effective nine-year sentence to be served in confinement. The Defendant appeals, arguing that the trial court erred by denying her probation. We conclude that the trial court did not abuse its discretion in sentencing, and we affirm the judgments. |
Wayne | Court of Criminal Appeals | |
Nicole Pamblanco v. State of Tennessee
The Petitioner, Nicole Pamblanco, appeals the Montgomery County Circuit Court’s denial of her petition for post-conviction relief from her convictions of aggravated child neglect, a Class A felony, and reckless homicide, a Class E felony, and effective sentence of fifteen years. On appeal, the Petitioner contends that she received the ineffective assistance of counsel because trial counsel failed to call a psychologist who had evaluated her and prepared a report to testify on her behalf. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals |
