State of Tennessee v. John Brichetto
In 2012, a Morgan County jury found the Defendant, John Brichetto, guilty of theft of property valued at more than $60,000. The trial court sentenced the Defendant to ten years of incarceration and ordered him to pay $142,215 in restitution to the victim. In 2016, the Defendant filed one of several motions pursuant to Tennessee Rule of Criminal Procedure 36.1, seeking to correct an illegal sentence. The trial court summarily denied Rule 36.1 relief. On review, having determined that the Petitioner has failed to state a colorable claim for Rule 36.1 relief, we affirm the judgment of the trial court. |
Morgan | Court of Criminal Appeals | |
Corey Cortez Abernathy v. State of Tennessee
In 2012, the Petitioner, Corey Cortez Abernathy, pleaded guilty to burglary of an automobile and theft of property and agreed to a sentence of two years of incarceration. In 2013, the Petitioner filed a petition for post-conviction relief based upon ineffective assistance of counsel. The post-conviction court held a hearing on the petition and denied relief. On appeal, the Petitioner alleges that he was deprived of the effective assistance of counsel because his counsel failed to file a motion to suppress illegally obtained evidence. We affirm the post-conviction court’s judgment. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Xavier Sanchez Skaggs
In 2008, the Defendant, Xavier Sanchez Skaggs, pleaded guilty to possession of contraband in a penal institution, and the trial court sentenced him to a suspended sentence of eight years, as a Range II offender. The trial court ordered this sentence to be served consecutively to other sentences being served by the Defendant. In 2016, the Defendant’s probation officer filed an affidavit alleging that the Defendant had failed to regularly attend relapse prevention classes and that he also failed two drug screens. The Defendant pleaded guilty to violating his probation, and the trial court revoked his probation and ordered him to serve the balance of his sentence in confinement. On appeal, the Defendant contends that the trial court erred when it ordered him to serve his sentence in confinement because the trial court failed to address the Defendant’s underlying problem of persistent drug use. After review, we affirm the trial court’s judgment. |
Sullivan | Court of Criminal Appeals | |
Clyde Green v. State of Tennessee
The Petitioner, Clyde Green, appeals the denial of his petition for post-conviction relief. The Petitioner pled guilty to two counts of facilitation of first degree premeditated murder, two counts of facilitation of felony murder, especially aggravated robbery, criminal conspiracy to commit aggravated robbery, criminal conspiracy to possess more than twenty-six grams of cocaine with the intent to sell or deliver, possession of more than twenty-six grams of cocaine with the intent to sell or deliver, and maintaining a dwelling where controlled substances were used or sold. He received an effective twenty-two-year sentence. The Petitioner sought post-conviction relief, asserting that he received the ineffective assistance of counsel, which rendered his pleas unknowing and involuntary. Following a hearing, the post-conviction court denied relief. After review of the record and applicable law, we affirm the post-conviction court’s denial of relief. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Elijah Ogle
The Defendant, Elijah Ogle, pled guilty to aggravated burglary, robbery, aggravated assault, three counts of aggravated domestic assault, three counts of illegal possession of a firearm, domestic assault, possession of a weapon with the intent to go armed, possession of marijuana with the intent to sell or deliver, possession of a controlled substance, and possession of drug paraphernalia. He received an effective ten-year sentence which was to be served on probation. A violation of probation warrant was issued against the Defendant, charging him with having been arrested for aggravated domestic assault, failing to report the arrest to his probation officer, failing to refrain from contact with the victim, and continuing to engage in assaultive behavior. Following a hearing, the trial court revoked the Defendant’s probation and ordered him to serve his sentence in prison. The Defendant appeals. After a thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
Randall Turner v. State of Tennessee
The Petitioner, Randall Turner, filed a motion to reopen his post-conviction petition in which he challenged his guilty pleas to first degree murder, aggravated kidnapping, and two counts of aggravated robbery and his effective sentence of life imprisonment without the possibility of parole. The post-conviction court denied the motion, and the Petitioner subsequently filed two motions to rehear, both of which the post-conviction court denied. The Petitioner filed a notice of appeal pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. Upon reviewing the record and the applicable law, we dismiss the appeal. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Brandon Scott Donaldson
The defendant, Brandon Scott Donaldson, appeals his Knox County Criminal Court jury convictions of second degree murder, attempted second degree murder, and employing a firearm during the commission of a dangerous felony, claiming that the trial court erred by excluding certain evidence and by giving certain jury instructions, that the evidence was insufficient to sustain his convictions of second degree murder and attempted second degree murder, that the sentence imposed was excessive, and that the cumulative effect of these errors prevented a fair trial. In addition, the defendant raises a number of challenges to the statute regarding the death of a fetus. Because the trial court committed prejudicial error by excluding as hearsay certain witness testimony, because this exclusion violated the defendant’s constitutional right to present a defense, we reverse the defendant’s convictions and remand for a new trial. |
Knox | Court of Criminal Appeals | |
Tonnie Jelks v. State of Tennessee
Tonnie Jelks, the Petitioner, claims that the post-conviction court erred in dismissing his petition for post-conviction relief. The Petitioner claims that his guilty plea was not knowingly and voluntarily entered because trial counsel incorrectly advised him concerning his offender classification, failed to adequately investigate his case, failed to inform him of the elements of the charged offense, and failed to challenge a show-up identification procedure and because the State failed to file the notice of enhanced punishment mandated by Tennessee Code Annotated section 40-35-202(a). After a thorough review of the record and the applicable law, we affirm the judgment of the postconviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Daniel Edrick Lutrell
The Defendant, Daniel Edrick Lutrell, pled guilty to vehicular homicide by reckless conduct, reckless aggravated assault, and passing in a no-passing zone. The trial court sentenced the Defendant to an effective sentence of six years as a Range I standard offender. On appeal, the Defendant argues that the trial court erred by denying probation, by ordering the Defendant to serve his sentence in confinement, and by ordering the Defendant to serve the maximum sentence for a Range I standard offender. After a thorough review of the record and applicable case law, we affirm the trial court’s judgments. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Brandon Scott Donaldson - concurring in part, concurring in results only in part
I concur in all parts of the lead opinion, except section II.B., “State of Passion” and Sequential Jury Instructions. As to that particular section, I concur in the result that Defendant is not entitled to relief on his challenge to the use of acquittal-first instructions pursuant to State v. Davis, 266 S.W.3d 896 (Tenn. 2008) and that he is not entitled to relief on the issue challenging the jury instruction that passion and provocation are elements of voluntary manslaughter. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Yangreek Tut Wal
The defendant, Yangreek Tut Wal, appeals his Davidson County Criminal Court guilty-pleaded convictions of especially aggravated kidnapping and especially aggravated robbery, claiming that his 40-year effective sentence is excessive. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Timothy Waymond Henderson
The Defendant, Timothy Waymond Henderson, pled guilty to sale of less than .5 grams of cocaine and to delivery of less than .5 grams of cocaine, Class C felonies, with the sentencing to be left to the trial court’s later determination. The trial court merged the convictions and sentenced the Defendant as a Range II, multiple offender to ten years in the Department of Correction, to be served consecutively to any unexpired sentences. On appeal, the Defendant argues that the trial court imposed an excessive sentence and erred in denying alternative sentencing. Following our review, we affirm the sentencing determinations of the trial court. |
Lincoln | Court of Criminal Appeals | |
Shanterrica Madden v. State of Tennessee
The Petitioner, Shanterrica Madden, appeals the post-conviction court’s dismissal of her petition for post-conviction relief as untimely. The Petitioner contends that due process concerns should toll the one-year statute of limitations to allow review of her underlying claims. Upon review, we affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Kerry Granderson
The Defendant, Kerry Granderson, was convicted by a Shelby County Criminal Court jury of aggravated robbery, a Class B felony, and was sentenced to eleven years in the Tennessee Department of Correction. On appeal, the Defendant argues that: (1) the trial court erred in admitting a witness’s prior statement to police as substantive evidence; (2) the trial court erred in admitting jailhouse phone calls made by him; and (3) the evidence is insufficient to sustain his conviction. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
James L. Dowell, III v. State of Tennessee
The Petitioner, James L. Dowell III, appeals from the denial of his petition for post-conviction relief, wherein he challenged his jury conviction for first-degree felony murder. In this direct appeal as of right, the Petitioner raises the following ineffective assistance of counsel claims: (1) whether trial counsel failed to adequately meet with the Petitioner and effectively communicate regarding the details of his case and defense strategy; (2) whether trial counsel failed to call a witness to establish a duress defense, thus, leading to no defense being presented at all; and (3) whether trial counsel failed to convey a plea offer made by the State. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Brian Dunkley v. State of Tennessee
The Petitioner, Brian Dunkley, was convicted after a jury trial of conspiracy to commit first degree murder for his involvement in a plot to murder his wife. The Petitioner filed a post-conviction petition alleging that he received the ineffective assistance of counsel when his trial counsel failed to provide advice during plea bargaining, failed to challenge the State’s loss or destruction of evidence, failed to suppress evidence on the basis of an invalid warrant, failed to suppress evidence on the basis of an invalid subpoena, and failed to introduce evidence regarding his location at the time of a co-defendant’s arrest. After a hearing, the post-conviction court denied relief. We conclude that the Petitioner has failed to show that he received the ineffective assistance of counsel, and we accordingly affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Frederic Jermaine Armstrong
Defendant, Frederic Jermaine Armstrong, was convicted of aggravated assault for the beating of a correctional officer. Defendant’s conviction was also subject to a criminal gang enhancement pursuant to Tennessee Code Annotated section 40-35-121(b), which was later vacated because of this Court’s ruling in State v. Bonds, 502 S.W.3d 118 (Tenn.Crim. App. 2016). On appeal, Defendant challenges the sufficiency of the evidence and whether he was properly sentenced to the maximum within the applicable range. Upon review of the record, we affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Matthew Allen Thompson
Defendant, Matthew Allen Thompson, filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36. The trial court denied the motion, and Defendant appeals. Although Defendant filed his motion pursuant to Rule 36 and quoted Rule 36 in his motion, the trial court treated the motion as a Rule 36.1 motion. We conclude under either Rule 36 or 36.1 that Defendant is not entitled to relief. Accordingly, we affirm the trial court’s denial of the motion. |
Hamilton | Court of Criminal Appeals | |
Jerry D. Carney v. State of Tennessee
In 1998, a Davidson County jury convicted the Petitioner, Jerry D. Carney, of first degree premeditated murder. On direct appeal, this Court affirmed the Petitioner's convictions. See State v. Jerry D. Carney, No. M1999-01139-CCA-R3-CD, 2000 WL 1335770, at *1(Tenn. Crim. Appl, at Nashville, Sept. 15, 2000), perm app. denied (Tenn. April 24, 2001). On December 19, 2014, the Petitioner filed his fourth petition for a writ of error coram nobis and in it alleged newly discovered evidence. The trial court issued an order on April 22, 2014, dismissing the petition as time-barred and meritless. We affirm the trial court's judgment. |
Davidson | Court of Criminal Appeals | |
Jimmy Newell v. State of Tennessee
The pro se Petitioner, Jimmy Newell, appeals as of right from the Bradley County Criminal Court’s order summarily dismissing his petition for writ of error coram nobis alleging that the State violated the terms of his plea agreement by filing a letter of opposition to parole with the Board of Parole. The State has filed a motion to affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is welltaken and affirm the judgment of the trial court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Anthony Jerome Miller
Anthony Jerome Miller, the Defendant, pled guilty to sexual exploitation of a minor and reserved a certified question for appeal regarding the trial court’s denial of his motion to suppress evidence. He asserts that the trial court erred in denying his motion to suppress the evidence obtained by the State during a search of his residence because the District Attorney General’s Office did not apply for the search warrant, as required by Tennessee Code Annotated section 39-17-1007. The State responds that: (1) a search warrant is not “process” as intended by the meaning of section 39-17-1007; (2) the search warrant is valid under section 39-17-1007 because Investigator O’Keefe’s application falls under the “except as otherwise provided” clause because law enforcement are authorized to apply for search warrants under Tennessee Rule of Criminal Procedure 41(a); and (3) if a search warrant is considered process under section 39-17-1007, then Investigator O’Keefe fulfilled the requirements of the statute by seeking verbal consent from an Assistant District Attorney. After a thorough review of the record and applicable law, we affirm. |
Greene | Court of Criminal Appeals | |
Gary Hawkins v. State of Tennessee
The Petitioner, Gary Hawkins, appeals the denial of his petition for post-conviction relief by the Shelby County Criminal Court. On appeal, he argues that trial counsel was ineffective for (1) failing to object to testimony regarding an alleged prior bad act by the Petitioner and (2) failing to object to improper statements made during the State’s closing argument. Additionally, he asserts that the cumulative errors made by trial counsel entitle him to relief. After review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Jeffrey Yates v. Randy Lee, Warden
The pro se Petitioner, Jeffrey Yates, appeals as of right from the Johnson County Criminal Court’s order denying his petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the trial court’s denial of relief pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the judgment of the Johnson County Criminal Court. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Brian Garwood
The Appellant, Brian Garwood, pled guilty in the Grundy County Circuit Court to three counts of forgery and received a total effective sentence of six years in the Tennessee Department of Correction. On appeal, the Appellant challenges the trial court’s denial of alternative sentencing, specifically drug court. Upon review, we affirm the judgments of the trial court. |
Grundy | Court of Criminal Appeals | |
State of Tennessee v. Demarco Cortez Taylor
Defendant, Demarco Cortez Taylor, was convicted by a jury of aggravated robbery, aggravated burglary, and employing a firearm during the commission of a dangerous felony. He received an effective sentence of ten years for the convictions. On appeal, Defendant challenges: (1) the trial court’s denial of the motion to suppress; (2) the State’s use of improper leading questions; (3) the exclusion of the victim’s recorded interview; (4) the omission of a jury instruction on intoxication; (5) the sufficiency of the evidence supporting the convictions for aggravated robbery and employing a firearm during the commission of a dangerous felony; (6) the denial of a new trial on the basis of jury bias; (7) an excessive sentence; and (8) cumulative error. After a review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals |
