Carlos Cornwell v. State of Tennessee
The Petitioner, Carlos Cornwell, appeals as of right from the Knox County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner contends (1) that he was denied his right to a competent and impartial trial judge, “resulting in structural constitutional error,” due to the presiding trial judge’s out-of-court misconduct during the course of the Petitioner’s trial proceedings; (2) that the trial judge failed to perform his role as the thirteenth juror; (3) that the Petitioner received ineffective assistance of counsel because trial counsel failed to inspect the Petitioner’s vehicle in a timely manner and failed to properly challenge evidence that was not properly preserved by the State; and (4) that the Petitioner received ineffective assistance of trial counsel because trial counsel failed to “properly investigate, challenge, and counter” the testimony of one of the State’s expert witnesses and failed to properly address that witness’s having questioned trial counsel’s credibility during cross-examination. Following our review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Melvin Brown
The Defendant, Melvin Brown, was indicted by the Shelby County Grand Jury for driving under the influence (“DUI”); DUI with a blood alcohol concentration of .20% or more; violation of the implied consent law; reckless driving; and driving on a revoked, suspended, or cancelled license. The trial court granted the Defendant’s motion to suppress the results of his blood test on the basis that Tennessee Code Annotated section 55-10-406 was unconstitutional1 and that there were no exigent circumstances that prevented the officers from obtaining a warrant. Thereafter, the State sought and was granted permission to file an interlocutory appeal, contending that Tennessee Code Annotated section 55-10-406 was constitutional, that exigent circumstances justified the warrantless blood draw, and that the warrantless blood draw was permissible pursuant to the implied consent law. Upon review, we reversed the portion of the trial court’s judgment declaring Code section 55-10-406(f)(1) unconstitutional but affirmed the trial court’s suppression of the results of the warrantless blood draw because no exception to the warrant requirement existed. State v. Melvin Brown, No. W2014-00162-CCA-R9-CD, 2015 WL 1951870 (Tenn. Crim. App. Apr. 30, 2015), perm. app. granted and remanded, No. W2014-00162-SC-R11-CD (Tenn. Nov. 22, 2016) (order). On November 22, 2016, the Tennessee Supreme Court granted the State’s application for permission to appeal and remanded the case to this court for reconsideration in light of the supreme court’s opinion in State v. Reynolds, 504 S.W.3d 283 (Tenn. 2016).2 State v. Melvin Brown, No. W2014-00162-SC-R11-CD (Tenn. Nov. 22, 2016) (order). Upon reconsideration, we conclude that the good-faith exception to the exclusionary rule adopted in Reynolds applies to this case and that suppression of the Defendant’s test results was not required. Therefore, the trial court’s judgment suppressing the test results of the warrantless blood draw is reversed, and the case is remanded to the trial court for further proceedings consistent with this opinion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Cecil Glen Dobbs, Jr.
The Defendant, Cecil G. Dobbs, pleaded guilty to aggravated assault and theft of property valued at less than $500 in return for a sentence of seven years of split confinement with two years of incarceration followed by five years of probation. A probation violation warrant was issued based upon subsequently incurred charges and, after a hearing, the trial court revoked the Defendant’s probation sentence, ordering that he serve his sentence in confinement. On appeal, the Defendant asserts that the trial court abused its discretion when it revoked his probation sentence and by “not allowing him to be heard” at the probation revocation hearing. After review, we affirm the trial court’s judgment. |
Jefferson | Court of Criminal Appeals | |
State of Tennessee v. Marshall Shawn Nelson
The Defendant, Marshall Shaw Nelson, pleaded guilty to aggravated assault with an agreed sentence of six years with the trial court to determine the manner of service. After a sentencing hearing, the trial court denied an alternative sentence and ordered the sentence to be served in confinement. On appeal, the Defendant asserts that the trial court erred when it denied him an alternative sentence. We affirm the trial court’s judgment. |
Knox | Court of Criminal Appeals | |
Adrian Delk v. Grady Perry, Warden
Petitioner, Adrian Delk, appeals the dismissal of his petition for writ of habeas corpus. On appeal, Petitioner asserts that the State breached the plea agreement by choosing an incorrect range of offense dates for the judgment for solicitation to commit first degree murder; that the State’s error resulted in a breach of the plea agreement because it affected Petitioner’s sentencing credit; that the Department of Correction was not properly awarding post-judgment sentencing credits; that there was insufficient proof to support the conviction for solicitation; and that Petitioner’s indictment for solicitation was void because it was returned prior to the completion of the crime and failed to provide notice. After a review, we affirm the summary dismissal of the petition. |
Hardeman | Court of Criminal Appeals | |
Jimmy L. Smith v. Mike Parris, Warden
Jimmy L. Smith, the Petitioner, filed a pro se Application for Writ of Habeas Corpus (“the petition”), claiming that his convictions in Counts 1 through 4 of Case Number 87F1868 are void because the Davidson County District Attorney General only signed Count 5 of the multi-count indictment. The Petitioner also claimed that his conviction in Count 2 was void because the judgment failed to state that he had been found guilty by a jury. The habeas corpus court summarily dismissed the petition. We affirm. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Reba Nell Woods
Pro se Defendant, Reba Nell Woods, appeals the denial of her “Motion to Modify Judgment,” which was interpreted by the trial court as a motion to reduce sentence pursuant to Tennessee Rule of Criminal Procedure 35. In this appeal, the Defendant argues that the trial court retained jurisdiction to decide her motion, even though she was in custody of the Tennessee Department of Correction. In response, the State contends that the Defendant’s motion was untimely by 118 days, an alternative basis upon which the trial court relied in denying relief. Upon our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Joseph Newton v. State of Tennessee
A jury convicted the Petitioner, Joseph Newton, of rape, and he was sentenced to serve eight years in prison. In his motion for a new trial, the Petitioner alleged that he was denied his constitutional right to the effective assistance of his trial counsel. The trial court denied the motion, and this court affirmed the Petitioner’s conviction on appeal. The Petitioner filed a timely post-conviction petition, alleging ineffective assistance of counsel at the motion for a new trial and on appeal, and the post-conviction court denied his petition. On appeal, he asserts that his counsel were deficient in bringing claims against trial counsel prematurely, in failing to call witnesses and investigate, and in omitting issues on direct appeal. He contends he is entitled to relief based on cumulative error. After a thorough review of the record, we conclude that the Petitioner did not receive the ineffective assistance of his counsel, and we affirm the post-conviction court’s judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Marcus Jones
The Defendant, Kenneth Marcus Jones, appeals from the revocation of his probation by the Dyer County Circuit Court. Upon our review, the judgment of the circuit court is affirmed. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Rodney Paul Starnes, II
Defendant, Rodney Paul Starnes, II, was indicted by the Dyer County Grand Jury for one count of possession with intent to sell or deliver synthetic cannabinoids. Defendant filed a motion to suppress, alleging that the affidavit in support of a search warrant was defective and failed to give rise to probable cause because the affidavit contained no information establishing a confidential informant’s basis of knowledge. The trial court granted Defendant’s motion based upon the then controlling authority of State v. Jacumin, 778 S.W.2d. 430 (Tenn. 1989), and the State appealed. Following our review of the record and pertinent authorities, including the Tennessee Supreme Court’s recent decision in State v. Tuttle, 515 S.W.3d 282 (Tenn. 2017), we reverse the judgment of the trial court and remand for further proceedings in the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Darryl Robinson
The Defendant, Darryl Robinson, was convicted by a Shelby County Criminal Court jury of aggravated robbery, a Class B felony, and there is a question as to whether his second conviction was for possession of a firearm by one previously convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon, a Class C felony, or a felon in possession of a handgun, a Class E felony. The trial court sentenced him to an effective term of sixteen years in the Tennessee Department of Correction. On appeal, the Defendant argues that: (1) the evidence is insufficient to support his conviction for aggravated robbery; and (2) a witness’s reference to him by his nickname, “Trigger Man,” was prejudicially erroneous. He also raises a number of issues concerning his conviction for convicted felon in possession of a firearm or handgun. After review, we affirm the convictions for aggravated robbery and convicted felon in possession of a handgun but remand for resentencing on the convicted felon in possession of a handgun conviction. |
Shelby | Court of Criminal Appeals | |
James McKinley Cunningham v. State of Tennessee
Petitioner, James McKinley Cunningham, was convicted of first degree murder after shooting his father. The conviction was affirmed on direct appeal. State v. James McKinley Cunningham, No. M1999-01995-CCA-R3-CD, 2000 WL 1520247, at *1 (Tenn. Crim. App. Oct. 13, 2000), perm. app. denied (Tenn. Apr. 23, 2001). Petitioner initially sought post-conviction relief in 2002 and amended the petition in 2015. Nearly fourteen years after the original petition was filed, the post-conviction court held a hearing and denied relief. We affirm the denial of post-conviction relief. |
Grundy | Court of Criminal Appeals | |
State of Tennessee v. Melanie C. Moore
Melanie C. Moore, the Defendant, entered an open plea of guilty to Class C felony theft of property valued at $10,000 or more but less than $60,000 (Count 1), Class D felony, theft of property valued at $1,000 or more but less than $10,000, (Count 2), Class E felony reckless endangerment (Count 3), and Class A misdemeanor escape (Count 4). The trial court sentenced the Defendant to four and one-half years on Count 1, three years on Count 2, two years on Count 3, and three months for Count 4. The trial court ordered Counts 2, 3 and 4 to be served consecutively to Count 1 but concurrently with each other for an effective sentence of seven and one-half years. The trial court ordered Count 1 to be served in the Department of Correction and suspended the other sentences. On appeal, the Defendant argues that the trial court abused its discretion in its sentencing decisions. After a thorough examination of the facts and applicable case law, we affirm the sentences except for the partial consecutive alignment of the misdemeanor escape. We remand for correction of the judgment sheets to provide for consecutive alignment of Count 4 with Counts 2 and 3. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Daniel Stephen Collins
The Defendant, Daniel Stephen Collins, was convicted by a Hawkins County jury of the aggravated sexual battery of his eight-year-old daughter, a Class B felony, and was sentenced by the trial court to nine years at 100% in the Department of Correction. The Defendant raises three issues on appeal: (1) whether the evidence was sufficient to sustain his conviction; (2) whether the trial court erred by not qualifying the victim as a competent witness and by allowing the prosecutor to lead her testimony; and (3) whether the presentment was constitutionally defective because it failed to charge the crime for which he was convicted. Following our review, we affirm the judgment of the trial court. |
Hawkins | Court of Criminal Appeals | |
State of Tennessee v. Raymond Banjard Mims
After being charged by presentment with three counts of the Class A felony, criminal conspiracy to commit first degree murder, as well as one count of criminal conspiracy to possess more than ten pounds of marijuana with the intent to sell or deliver and one count of simple possession of marijuana, Defendant, Raymond Banjard Mims, entered a quite favorable plea agreement. Defendant pled guilty to greatly reduced counts of conspiracy to commit assault, Class B misdemeanors, in addition to conspiracy to possess over ten pounds of marijuana for sale or delivery and simple possession of marijuana in exchange for an effective sentence of two years. He reserved the right to seek an alternative sentence. The trial court denied alternative sentencing. Defendant appeals the denial of an alternative sentence. After a review, we determine that the trial court did not abuse its discretion in ordering Defendant to serve his sentence in confinement. Accordingly, the judgments of the trial court are affirmed. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Marcus Thomas
The defendant, Marcus Thomas, appeals the summary dismissal of his motion, filed pursuant to Tennessee Rule of Criminal Procedure 36.1, to correct what he believes to be an illegal sentence imposed for his 2013 Shelby County Criminal Court |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Elvis Hester
A Shelby County Criminal Court Jury found the Appellant guilty of possession of marijuana, and the trial court imposed a sentence of six years. On appeal, the Appellant challenges the sufficiency of the evidence sustaining his conviction and the trial court’s sentencing him for a Class E felony instead of a Class A misdemeanor as was required by the recent amendment to Tennessee Code Annotated section 39-17-418(e). Upon review, we conclude that the evidence was sufficient to sustain the Appellant’s conviction. We further conclude that the trial court erred by sentencing the Appellant for a Class E felony, and we remand to the trial court for entry of a corrected judgment reflecting that the conviction is a Class A misdemeanor and that the accompanying sentence is eleven months and twenty-nine days. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Pascasio Martinez
The Defendant, Pascasio Martinez, was convicted by a jury of two counts of driving under the influence (DUI), a Class A misdemeanor, and two counts of DUI, fourth offense, a Class E felony. See Tenn. Code Ann. §§ 55-10-401, -402(a)(4). The trial court merged the Defendant’s convictions and imposed a sentence of two years’ confinement with 150 days of mandatory service. On appeal, the Defendant contends (1) that the trial court erred in admitting the results of forensic testing on the Defendant’s blood because the State failed to establish “a valid chain of custody”; (2) that the use of the Defendant’s official driver record to prove his prior DUI convictions violated his Confrontation Clause rights; and (3) that the Defendant’s official driver record was not sufficient evidence to establish his prior DUI convictions. Following our review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Gregory L. Mathis v. State of Tennessee
The Petitioner, Gregory L. Mathis, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2010 convictions for aggravated robbery, aggravated burglary, and two counts of especially aggravated kidnapping and his effective 126-year sentence. The Petitioner contends that (1) he received the ineffective assistance of counsel, (2) his especially aggravated kidnapping convictions violate principles of due process, and (3) he is entitled to a new trial based upon codefendant Turner’s testimony at the post-conviction hearing. We affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Thomas Paul Odum
Defendant, Thomas Paul Odum, was indicted for first degree felony murder, first degree premeditated murder, conspiracy to commit aggravated burglary, aggravated burglary, burglary, theft of property valued at more than $1000, and possession of a firearm by a convicted felon. Prior to trial, the State filed a notice of intent to seek the death penalty and dismissed the first degree premeditated murder charge. At the close of the State’s proof, the trial court granted a motion for judgment of acquittal with respect to the burglary charge. The jury ultimately found Defendant guilty of felony murder, conspiracy to commit aggravated burglary, aggravated burglary, theft of property valued at more than $1000, and possession of a firearm by a convicted felon. Following the penalty phase, the jury sentenced Defendant to life without the possibility of parole. The trial judge separately sentenced Defendant to an effective sentence of five years for the remaining convictions, to be served consecutively to Defendant’s life sentence. Defendant appeals, arguing that (1) the trial court erred by denying the motion to disqualify the District Attorney’s Office prior to trial; (2) the trial court erred by denying the motion to suppress Defendant’s statement; (3) the evidence was insufficient to support the convictions; and (4) the sentence was excessive. For the following reasons, we affirm the judgments of the trial court. |
McMinn | Court of Criminal Appeals | |
Brian Christopher Dunn v. State of Tennessee
A Williamson County jury convicted the Petitioner, Brian Christopher Dunn, of initiating a process intended to result in the manufacture of methamphetamine and driving with a suspended, canceled, or revoked license, which the trial court then found to be his sixth offense. The trial court sentenced the Petitioner to an effective sentence of 11 months and 29 days, and this court affirmed the Petitioner’s convictions on direct appeal. State v. Brian Christopher Dunn, No. M2015-00759-CCA-R3-CD, 2016 WL 1446113, at *1 (Tenn. Crim. App., at Nashville, Apr. 12, 2016), perm. app. denied (Tenn. Aug. 17, 2016). The Petitioner filed a petition for post-conviction relief in which he alleged that his trial counsel was ineffective for failing to move to suppress the evidence against him, failing to file a Ferguson motion, and failing to file a motion for a new trial. After a hearing, the post-conviction court denied the petition. The Petitioner maintains these issues on appeal, and we affirm the post-conviction court’s judgment. |
Williamson | Court of Criminal Appeals | |
Brandon Leon Forbes v. State of Tennessee
The Petitioner, Brandon Leon Forbes, was convicted of aggravated burglary, theft of property valued at $10,000 or more but less than $60,000, and vandalism of property valued at $500 or less and was sentenced as a Range III, persistent offender to a total effective sentence of twenty-four years. Subsequently, his convictions were affirmed on direct appeal. State v. Brandon Leon Forbes, No. W2014-02073-CCA-R3-CD, 2015 WL 5813434, at *1 (Tenn. Crim. App. Oct. 5, 2015). He then filed a timely petition for postconviction relief, alleging ineffective assistance of trial counsel. The post-conviction court denied relief, and we affirm that order. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Eric Todd Whitaker, Jr.
The Defendant, Eric Todd Whitaker, Jr., entered nolo contendere pleas to aggravated burglary, a Class C felony, and theft of property valued at $1,000 or more but less than $10,000, a Class D felony. See T.C.A. §§ 39-14-403 (2014) (aggravated burglary), 39-14-103 (2014) (theft of property). The trial court sentenced the Defendant to concurrent terms of four years and six months for aggravated burglary and four years for theft of property. On appeal, the Defendant contends that the trial court erred during sentencing. We affirm the judgments of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Deshan Sanders
The Defendant, Deshan Sanders, received a five-year suspended sentence pursuant to a plea agreement, but that sentence was later fully revoked after a hearing. The Defendant then filed a motion to reduce his sentence, asking the trial court to reconsider its revocation decision. The Defendant appeals the denial of his motion. Upon review, we affirm the judgment of the Henderson County Circuit Court. |
Henderson | Court of Criminal Appeals | |
Jewell Wayne Smith, Jr. v. State of Tennessee
The Petitioner, Jewell Wayne Smith, Jr., appeals from the Robertson County Circuit Court’s denial of his petition for post-conviction relief from his 2013 best interest guilty plea to voluntary manslaughter, for which he is serving a thirteen-year sentence. The Petitioner contends that (1) his guilty plea was involuntary and (2) he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court. |
Robertson | Court of Criminal Appeals |
