Andre Davis v. State of Tennessee
Petitioner, Andre Davis, was convicted of voluntary manslaughter by a Shelby County jury and sentenced to fourteen and one-half years in incarceration. His first appeal was denied. State v. Andre Davis, No. W2007-01442-CCA-R3-CD, 2008 WL 4831230, at *1 (Tenn. Crim. App. Nov. 5, 2008), perm. app. denied (Tenn. Mar. 16, 2009). Petitioner filed a pro se petition for post-conviction relief which led to the grant of a delayed appeal based on trial counsel's failure to file a motion for new trial. Petitioner was permitted to file a motion for new trial. The motion was denied, and Petitioner was again denied relief on appeal. Andre Davis v. State, No. W2011-00373-CCA-R3-CD, 2012 WL 5970932, at *2 (Tenn. Crim. App. Nov. 29, 2012), perm. app. denied (Tenn. Apr. 10, 2013). Petitioner then sought post-conviction relief again. After a hearing, the petition was denied. On appeal, Petitioner challenges the post-conviction court's denial of relief. After a review, we determine Petitioner has failed to prove by clear and convincing evidence that he is entitled to relief. Accordingly, the judgment of the post-conviction court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Mark Tiger
The Defendant, Mark Tiger, was convicted by a Madison County Circuit Court jury of aggravated assault, a Class C felony. See T.C.A. § 39-13-102 (2014). The trial court sentenced the Defendant to five years' confinement. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction and (2) the trial court erred during sentencing. We affirm the Defendant's conviction. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. James Patterson
The Defendant, James Patterson, was found guilty by a Knox County Criminal Court jury of attempt to commit aggravated rape, a Class B felony, and two counts of assault, Class A misdemeanors. See T.C.A. §§ 39-13-502 (2014) (aggravated rape), 39-12-101 (2014) (attempt), 39-13-101 (2010) (amended 2013) (assault). The trial court merged the assault convictions and sentenced the Defendant as a Range I, standard offender to concurrent terms of ten years for attempted aggravated rape and eleven months, twenty-nine days for assault, all to be served on probation. On appeal, the Defendant contends that the evidence is insufficient to support his attempted aggravated rape conviction. We affirm the judgments of the trial court |
Knox | Court of Criminal Appeals | |
Eric O'Neil Turner v. State of Tennessee
Petitioner, Eric O’Neil Turner, pled guilty to three counts of aggravated statutory rape, a Class D felony, with an agreed sentence of nine years for each count with one conviction to be served consecutively to the others for an effective eighteen-year sentence as a persistent offender. The sentence was suspended with time served, and Petitioner was immediately released on probation. Petitioner filed a petition for post-conviction relief alleging that his trial counsel provided ineffective assistance and that Petitioner’s guilty plea was unknowingly and involuntarily entered. Following an evidentiary hearing, the post-conviction court denied relief. Following a careful review of the record, we affirm the judgment of the post-conviction court |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Heather Renee McCollum
Appellant, Heather Renee McCollum, stands convicted of first degree premeditated murder and arson, for which she received consecutive sentences of life in prison and five years, respectively. Challenging her convictions and sentence alignment, she raises the following issues in this appeal: (1) whether the evidence was sufficient to support her convictions; (2) whether her arson conviction should be set aside based upon the “physical facts” rule; and (3) whether the trial court erred in aligning her sentences consecutively. Upon our review, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Marcus Traveno Cox, Jr.
Appellant, Marcus Traveno Cox, Jr., stands convicted (after merger of duplicate counts) of possession with intent to sell less than .5 grams of cocaine, possession with intent to sell more than one-half ounce but less than ten pounds of marijuana, possession of a Schedule III controlled substance (Lortab), possession of drug paraphernalia, and possession of a firearm with intent to go armed during the commission of a dangerous felony. The trial court sentenced him to an effective sentence of nine years in the Tennessee Department of Correction. On appeal, appellant argues that the indictment and jury instructions for the possession of a firearm charge were fatally deficient and that he received ineffective assistance of counsel. Following our review, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
Jerry Crawford, Jr. v. State of Tennessee
A Madison County jury convicted the Petitioner, Jerry Crawford, Jr., of aggravated robbery, and the trial court sentenced him to thirty years in prison. The Petitioner appealed his conviction and sentence, and this Court affirmed the trial court's judgments. See State v. Jerry Crawford, Jr., No. W2012-02729-CCA-R3-CD, 2014 WL 296014, at *1 (Tenn. Crim. App., at Knoxville, Jan. 28, 2014), no Tenn. R. App. P. 11 application filed. In 2015, the Petitioner filed a pro se petition for post-conviction relief. The post-conviction court appointed counsel who filed an amended petition for post-conviction relief alleging that the Petitioner had received the ineffective assistance of counsel. The trial court held a hearing on the petition and denied relief. On appeal, the Petitioner contends that the trial court erred when it denied his petition. After a thorough review of the record and applicable authorities, we affirm the post-conviction court's judgment. |
Madison | Court of Criminal Appeals | |
William Thomas Mayers v. State of Tennessee
The Petitioner, William Thomas Mayers, filed a petition for post-conviction relief in the Davidson County Criminal Court, alleging that his counsel was ineffective at trial and on appeal. The post-conviction court denied the petition, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Brian Pillow
A Maury County Circuit Court Jury convicted the Appellant, Brian Pillow, of three counts of selling .5 grams or more of cocaine in a drug-free zone. The trial court imposed a total effective sentence of twelve years in the Tennessee Department of Correction. On appeal, the Appellant contends that the trial court erred by requiring the Appellant to expose his tattooed arms to the jury and by admitting photographs of his tattoos into evidence. Additionally, the Appellant challenges the sufficiency of the evidence sustaining his convictions. Upon review, we affirm the judgments of the trial court. |
Maury | Court of Criminal Appeals | |
Teresa Deion Smith Harris v. State of Tennessee
In 1994, a Henry County jury convicted the Petitioner, Teresa Deion Smith Harris, of first degree felony murder, and she was sentenced to life in prison without the possibility of parole. The Petitioner appealed, and this Court affirmed the Petitioner's conviction and sentence. State v. Teresa Deion Smith Harris, No W2012-00540-CCA-R3-CD, 1996 WL 654335, at *1 (Tenn. Crim. App., at Jackson, Nov. 12, 1996), perm. app. granted (Tenn. June 8, 1998). The Tennessee Supreme Court affirmed the Petitioner's conviction and sentence but found that there existed some harmless error in sentencing. State v. Harris, 989 S.W.2d 301, 316 (Tenn. 1999). The Petitioner filed a petition for post-conviction relief and two previous petitions for writ of error coram nobis. All of these petitions were denied, the Petitioner appealed, and this Court affirmed their denial. In this, her third, petition for writ of error coram nobis, the Petitioner alleged that she had received newly discovered evidence in the form of an affidavit from a doctor who said that her attorney was cavalier about the charges the Petitioner faced and seemed to not want to talk to the doctor about the Petitioner's case. The coram nobis court summarily dismissed the petition, finding it was filed outside the statute of limitations and that the evidence presented by the Petitioner was not newly discovered and was available to her before her 1994 trial. On appeal, the Petitioner, proceeding pro se, contends that the coram nobis court erred when it dismissed her petition without conducting an evidentiary hearing. After a thorough review, we affirm the coram nobis court's judgment. |
Henry | Court of Criminal Appeals | |
State of Tennessee v. Billy Locke
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Polk | Court of Criminal Appeals | |
State of Tennessee v. Christopher Hammack
Christopher Hammack (“the Defendant”) was indicted for one count of initiation of the process to manufacture methamphetamine (Count 1), one count of possession of a firearm during the commission of or attempt to commit a dangerous felony (Count 2), and one count of convicted felon in possession of a firearm (Count 3). The Defendant was convicted by a jury of the lesser included offense of facilitation of initiation of the process to manufacture methamphetamine in Count 1 and as charged in Count 2. A judgment of conviction was entered by the trial court in Count 3. On appeal, the Defendant challenges the sufficiency of the evidence underlying his convictions in Counts 1 and 2. Upon review, we conclude that there was insufficient evidence to support the Defendant’s convictions for Counts 1 and 2. Additionally, we conclude that the Defendant did not effectively waive his right to a jury trial or enter a plea of guilty in Count 3. The judgments of the trial court are reversed and the charges are dismissed. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Eddie Williams, Jr.
Eddie Williams, Jr., the Defendant, appeals the summary denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. He claims that the trial court improperly used his prior petit larceny conviction to enhance his sentence. Because this claim has previously been rejected by this court on multiple occasions and because the Defendant’s motion failed to state a colorable claim, we affirm the trial court’s summary denial of the motion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Harold McDuffie
Pro se petitioner, Harold McDuffie, appeals from the Shelby County Criminal Court’s summary dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Upon review, we affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marcus Zeron Jones
The Appellant, Marcus Zeron Jones, is appealing the trial court’s denial of his motion to correct an illegal sentence filed pursuant to Rule of Criminal Procedure Rule 36.1 The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted. |
Maury | Court of Criminal Appeals | |
Loice E. Pittman v. State of Tennessee
The Petitioner, Loice E. Pittman, appeals as of right from the Coffee County Circuit Court’s summary dismissal of his petition for post-conviction relief. The Petitioner contends that the post-conviction court erred by summarily dismissing his petition for having been untimely filed. Discerning no error, we affirm the judgment of the post-conviction court. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Grady Joe Careathers
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Hamilton | Court of Criminal Appeals | |
Charles R. Blackstock v. State of Tennessee
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Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Thomas Neal McClean
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Knox | Court of Criminal Appeals | |
State of Tennessee v. Mitchell Lee Davis
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Sevier | Court of Criminal Appeals | |
State of Tennessee v. Brandon Waire
In December 2012, the Maury County Grand Jury indicted Brandon Waire (“the Defendant”) on three counts of sale of cocaine over .5 gram within a drug-free zone. Following a trial, a jury convicted the Defendant as charged, and the trial court sentenced the Defendant to an effective eight years’ incarceration. On appeal, the Defendant asserts that he is entitled to relief from his convictions because: (1) the trial court erroneously denied the Defendant’s motion for mistrial after the State’s confidential informant testified that he had served prison time with the Defendant; (2) the Defendant’s right to a fair trial was violated when the State failed to preserve video evidence of statements made by the confidential informant in violation of State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999); (3) the trial court erred when it failed to exclude the State’s late-disclosed witness from testifying; and (4) the evidence was insufficient to support his convictions. Upon review, we affirm the judgments of the trial court. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. David William Lowery
An Anderson County jury convicted the Defendant-Appellant, David William Lowery, as charged of three counts of aggravated child abuse. See T.C.A. § 39-15-402(a)(1) (Supp. 2007). The trial court imposed concurrent twenty-five-year sentences with a release eligibility of one hundred percent for each count. See id. § 40-35-501(i) (Supp. 2008). Lowery’s sole issue on appeal is that the evidence is insufficient to sustain his convictions. Upon review, we affirm Lowery’s convictions but remand the case for entry of corrected judgments in counts 1, 2, and 3 to reflect that he was charged with and convicted of three counts of aggravated child abuse and that these convictions are Class A felonies. |
Anderson | Court of Criminal Appeals | |
Wesley Dawone Coleman v. State of Tennessee
The Petitioner, Wesley Dawone Coleman, appeals from the denial of post-conviction relief by the Circuit Court for Obion County. He was convicted of aggravated burglary, theft over $500, and evading arrest, and received an effective sentence of ten years in the Tennessee Department of Correction. On appeal, the Petitioner argues that he received ineffective assistance of counsel and that the cumulative effect of counsel’s errors denied his constitutional right to a fair trial. Upon our review, we affirm the judgment of the post-conviction court. |
Obion | Court of Criminal Appeals | |
Victor Clark v. State of Tennessee
Victor Clark (“the Petitioner”) was indicted for two counts of attempted second-degree murder, two counts of aggravated assault, one count of reckless endangerment, and one count of employing a firearm during the commission of a dangerous offense. After a jury trial, the Petitioner was acquitted of both counts of attempted second-degree murder but convicted of all other charges. In this post-conviction proceeding, the Petitioner contends that he received ineffective assistance of counsel. The post-conviction court denied relief. Upon review of the record, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
Paul Williams EL v. Sheriff Andy Dickson, Carroll County
The Petitioner, Paul Williams el, filed a Petition for Writ of Habeas Corpus Relief, challenging his conviction for a second or subsequent offense of driving on a cancelled, suspended, or revoked license. The habeas court summarily dismissed the Petition. On appeal, we conclude that the Petition failed to meet the procedural requirements of Tennessee Code Annotated section 29-21-107. Additionally, the Petitioner's claim is based on a complete misreading of Tennessee Code Annotated section 55-50-504 and is without merit. The judgment of the habeas court is affirmed. |
Carroll | Court of Criminal Appeals |
