Charles Everett Lowe-Kelley v. State of Tennessee
Petitioner, Charles Everett Lowe-Kelley, appeals the denial of his petition for post-conviction relief, arguing that he received the ineffective assistance of counsel. He also argues that his consecutive life sentences violate Miller v. Alabama, 132 S. Ct. 2455, 2469 (2012). We conclude that Petitioner has not proven that he received ineffective assistance of counsel and that his effective sentence does not violate Miller. Accordingly, the decision of the post-conviction court is affirmed. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Bobby Joe Campbell
The Defendant, Bobby Joe Campbell, entered guilty pleas to two counts of aggravated assault, a Class C felony, and two counts of failure to appear, a Class E felony, with the manner and service of his sentence to be determined by the trial court. See T.C.A. §§ 39-13-102, -13-111, -16-609(e). The trial court merged the aggravated assault convictions and imposed a consecutive term of five years’ incarceration for aggravated assault and one and a half years’ incarceration for each count of failure to appear. Each count of failure to appear was also ordered to be served consecutively to the other for an effective sentence of eight years in the Tennessee Department of Correction. The sole issue presented in this appeal is whether the Defendant’s sentence is excessive and contrary to law. Upon our review, we must remand this matter to the trial court for a new sentencing hearing for the limited purpose of considering the factors outlined in State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995), and determining the propriety of consecutive sentencing for the failure to appear convictions. In all other respects, we affirm the sentence imposed by the trial court. |
Marshall | Court of Criminal Appeals | |
Courtney R. Logan v. State of Tennessee
The petitioner, Courtney R. Logan, filed a petition for the writ of habeas corpus challenging the legality of his extradition from Tennessee to Mississippi nearly four years after the extradition. The trial court summarily dismissed the petition, and the petitioner now appeals. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Jurico Readus v. State of Tennessee
The petitioner, Jurico Readus, appeals the denial of his petition for post-conviction relief, which petition challenged his Shelby County Criminal Court jury convictions of felony murder and attempted especially aggravated robbery. Discerning no error, we affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Travis Seiber
Aggrieved of his Shelby County Criminal Court jury convictions of three counts of aggravated robbery, the defendant, Travis Seiber, appeals, arguing that he was deprived of the right to a trial by a fair and impartial jury, that the trial court erred by permitting the State to use as a demonstrative aid a gun that had not been entered into evidence, and that the evidence was insufficient to support his convictions. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jeffery Yates
The defendant, Jeffery Yates, appeals the summary dismissal of his motion to correct an illegal sentence under Rule 36.1 of the Tennessee Rules of Criminal Procedure, arguing that he stated a colorable claim for relief in that he received concurrent sentences when consecutive sentences were statutorily required. After review, we affirm the summary dismissal of the defendant’s motion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Zachary James Pence
The Defendant, Zachary James Pence, was found guilty by an Anderson County Circuit Court jury of aggravated rape of a child, a Class A felony, aggravated child abuse, a Class A felony, and child abuse, a Class D felony. See T.C.A. §§ 39-13-531 (2014), 39-15-402 (2010) (amended 2011, 2012), 39-15-401 (2010) (amended 2011). The trial court sentenced the Defendant to concurrent terms of sixty years for the aggravated rape of a child conviction, twenty-five years for the aggravated child abuse conviction, and two years for the child abuse conviction. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions, (2) the trial court erroneously permitted inadmissible hearsay evidence, (3) the trial court improperly commented on the evidence, (4) the trial court permitted improper opinion testimony, (5) the trial court improperly instructed the jury, (6) his sentence for the aggravated rape of a child conviction is excessive, and (7) the cumulative effect of the errors entitle him to relief. We affirm the judgments of the trial court. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Leslie Kennedy
The defendant, Leslie Kennedy, appeals her Shelby County Criminal Court jury convictions of second offense driving under the influence and reckless driving, claiming that the evidence was insufficient to support her convictions. Discerning no error, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Alicia Williams v. State of Tennessee
The petitioner, Alicia Williams, appeals the summary dismissal of her petition for writ of habeas corpus, which petition challenged her 2012 Shelby County Criminal Court guilty-pleaded conviction of second degree murder. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joseph Thomas
The defendant, Joseph Thomas, appeals his Shelby County Criminal Court jury convictions of aggravated robbery, aggravated assault, aggravated burglary, and employing a firearm during the commission of a dangerous felony, claiming that the trial court erred by denying his motion to dismiss for failure to prosecute and by instructing the jury on criminal responsibility, that the evidence was insufficient to sustain his convictions, and that the trial court erred by classifying the defendant as a career offender. We affirm the convictions and sentences but remand for correction of a clerical error in one of the judgments. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Keyvin Lanier Glass
Appellant, Keyvin Lanier Glass, pleaded guilty to aggravated assault and failure to appear. He received an effective sentence of four years, one year in confinement with the remainder suspended to supervised probation. His probation officer filed a probation violation report based on his breaking three probationary rules, and the trial court subsequently entered an order revoking appellant’s probation and ordering him to serve his full sentence in confinement. On appeal, appellant argues that the trial court abused its discretion. Following our review, we affirm the judgment of the trial court. |
Coffee | Court of Criminal Appeals | |
Bobby J. Croom v. State of Tennessee
The petitioner, Bobby J. Croom, appeals the denial of his petition for post-conviction relief from his rape of a child and aggravated sexual battery convictions. The petitioner argues that he is entitled to relief because: (1) the State failed to make a proper election of offenses at trial; (2) his convictions violate double jeopardy; (3) his conviction for aggravated sexual battery violates due process; and (4) he received ineffective assistance of counsel. After review, we affirm the denial of the petition. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Keith Trammell
The defendant, Keith Trammell, was convicted by a Shelby County jury of theft over $1000, a Class D felony; vandalism over $500, a Class E felony; and two counts of coercion of a witness, a Class D felony. The trial court sentenced him as a career offender to twelve years for the theft conviction, six years for the vandalism conviction, and twelve years for each of the coercion convictions. The court ordered the theft and vandalism sentences to be served concurrently to each other and the coercion sentences to be served concurrently to each other but consecutively to the theft and vandalism sentences, for a total effective sentence of twenty-four years at 60% in the Department of Correction. On appeal, the defendant argues that the trial court erred by sentencing him as a career offender and by allowing the State to introduce evidence of uncharged crimes. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Donald Wayne McCall v. State of Tennessee
Donald Wayne McCall (“the Petitioner”) filed a Petition for Post-Conviction Relief, alleging ineffective assistance of counsel. Following a hearing, the post-conviction court denied relief. Discerning no error, we affirm the judgment of the post-conviction court. |
Crockett | Court of Criminal Appeals | |
State of Tennessee v. Timothy Lambert
Defendant, Timothy Demond Lambert, appeals from the trial court's dismissal, without an evidentiary hearing, of Defendant's motion filed pursuant to Tennessee Rule of Criminal Procedure 36.1. After review of the record and the briefs, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Curtiss Carlos Talley v. State of Tennessee
The petitioner, Curtiss Carlos Talley, pled guilty in 2002 to aggravated assault and was sentenced to serve five years concurrently with a federal sentence which, apparently, was later imposed. Twelve years later, in 2014, he filed a petition for writ of error coram nobis, asking, as we understand, that the court “vacat[e] his state judgment/conviction on the merits and in the interest of justice.” The trial court determined that he had failed to state a claim for coram nobis relief, and we agree. Accordingly, we affirm the dismissal of the petition, pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Lee Priest
The appellant, Michael Lee Priest, pled guilty in the Sequatchie County Circuit Court to robbery in case number 2013CR84 and received a four-year sentence with the manner of service to be determined by the trial court. As a result of his guilty plea, the trial court revoked a four-year sentence of probation for aggravated assault in case number 2012CR136. After a sentencing hearing, the trial court ordered that the appellant serve both sentences in confinement. On appeal, the appellant contends that the trial court erred by allowing the State to cross-examine his mother about conduct that occurred as a juvenile and by not granting his requests for alternative sentencing. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Sequatchie | Court of Criminal Appeals | |
Tony Fulton Wells v. State of Tennessee
The petitioner, Tony Fulton Wells, was initially charged with first degree (premeditated) murder, and he later pled guilty to second degree murder, a Class A felony. He filed a petition for post-conviction relief, which was denied. On appeal, he argues that his guilty plea was not knowing and voluntary because it was coerced. He also argues that he received the ineffective assistance of counsel because trial counsel failed to have a hearing to suppress his written confessions; failed to obtain more time for him to consider the plea agreement; failed to interview the petitioner's neighbor; failed to investigate the crime scene; and failed to explain adequately the law or to listen to the petitioner. Following our review of the record, the briefs of the parties, and the applicable law, we affirm the judgment of the post-conviction court. |
Union | Court of Criminal Appeals | |
State of Tennessee v. James Jordan Leggett
James Jordan Leggett appeals claiming that the trial court abused its discretion when it revoked his probation. Discerning no error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Terry Eugene Fisher, Jr.
Terry Eugene Fisher, Jr. (“the Defendant”) pleaded guilty to robbery and was sentenced to nine years’ probation. Thereafter, the Defendant’s probation was revoked based on the accrual of new charges, including a charge for a homicide that occurred prior to the Defendant’s being placed on probation. On appeal, the Defendant contends that the trial court erred when it revoked probation based on criminal conduct that occurred prior to the Defendant’s being placed on probation. Discerning no error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Lashonda Moneak Williamson
LaShonda Moneak Williamson, the Appellant, appeals the summary denial of her Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence that she claims was imposed as the result of a coerced guilty plea. Because the Appellant’s motion failed to state a colorable claim, we affirm the trial court’s summary denial of the motion pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Owen Smithson
Jeffrey Owen Smithson (“the Defendant”) appeals from his convictions for first degree felony murder, theft over $1,000, first degree premeditated murder, and especially aggravated robbery. The Defendant contends that (1) the evidence is insufficient to support his convictions; (2) the trial court erred in denying his motion for mistrial based upon a witness’s testimony that the Defendant had been recently released from prison; and (3) the trial court erred in denying the Defendant’s motion to suppress his statement to police as not voluntarily given. Upon review, we affirm the judgments of the trial court. |
Coffee | Court of Criminal Appeals | |
William Lance Walker v. State of Tennessee
William Lance Walker (“the Petitioner”) filed a Petition for Post-Conviction Relief alleging ineffective assistance of counsel. The Petition was denied after a hearing. On appeal, the Petitioner asserts for the first time that trial counsel was ineffective for failing to call for the sequestration of witnesses during the Petitioner’s suppression hearing. We conclude that the Petitioner has waived this claim by failing to include it in the Petition and by failing to present any proof about this claim at the post-conviction hearing. Additionally, we conclude that, even if the issue were not waived, the Petitioner has failed to show that he was prejudiced by trial counsel’s alleged deficiency. We affirm the judgment of the post-conviction court. |
Marshall | Court of Criminal Appeals | |
Roger Joseph v. State of Tennessee
The petitioner, Roger Joseph, appeals the summary dismissal of his petition for post-conviction relief. The petitioner pled guilty to premeditated first degree murder and was sentenced to life imprisonment. In his instant petition, he contends that his guilty plea was not entered knowingly and voluntarily based upon the ineffective assistance of counsel. While acknowledging that the petition was filed well outside the statute of limitations, he claims that he has shown that due process requires the tolling of the statute based upon his mental condition. Based upon that assertion, he contends that the summary dismissal of the petition was erroneous. Following review of the record, we conclude that the law of the case doctrine prohibits our review of that issue and affirm the dismissal of the petition. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Danny Wayne Horn
The Defendant, Danny Wayne Horn, was convicted by a jury of aggravated sexual battery, a Class B felony. See Tenn. Code Ann. § 39-13-504. He received a sentence of ten years' incarceration for said conviction. The Defendant now appeals, arguing that the evidence presented was insufficient to support his conviction; that the trial court erred in denying his request for a mistrial after the victim stated that she identified the Defendant from “his picture on a sex offender website”; and that the State committed plain error during closing argument by alluding to the Defendant's status as a registered sex offender. Following our review, we discern no reversible error and affirm the trial court's judgment. |
Johnson | Court of Criminal Appeals |
