State of Tennessee v. John N. Moffitt
Defendant, John N. Moffitt, was convicted of reckless aggravated assault and sentenced to four years' incarceration to be served at 30 percent release eligibility. Defendant was also ordered to pay restitution and a $2,500 fine. On appeal, Defendant asserts that the evidence was insufficient to support his conviction; that the trial court erred by failing to instruct the jury that his conduct must have caused serious bodily injury; that the evidence was insufficient to support the trial court's order of restitution; and that the trial court erred by imposing the maximum sentence within the applicable range. Having carefully reviewed the record before us, we affirm Defendant's conviction and sentence. However, we reduce the amount of restitution and remand this case to the trial court to determine Defendant's ability to pay restitution. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Cornelius Banks
Defendant, Cornelius Banks, appeals his Shelby County convictions for one count of aggravated kidnapping, two counts of especially aggravated kidnapping, one merged count of aggravated rape, one merged count of aggravated sexual battery, three counts of aggravated robbery, one count of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony. The trial court imposed a sentence of 240 years. Defendant argues (1) that the indictment for one of the counts of aggravated rape was fatally defective and should be dismissed; (2) that the evidence was insufficient to support his convictions and that his kidnapping convictions violated double jeopardy; (3) that the trial court erred in failing to instruct the jury that it could consider one of the witnesses as an accomplice whose testimony must be corroborated; and (4) that the trial court erred in ordering Defendant's sentences to be served consecutively. Upon our review of the record, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Phillip Serpas
Appellant, Phillip Serpas, entered guilty pleas to two counts of unlawfully obtaining a prescription for controlled substances by fraud, Class D felonies, and one count of conspiracy to obtain or attempt to obtain a controlled substance by fraud, a Class E felony. The trial court sentenced him as a Range I, standard offender to concurrent terms of two years each for the Class D felonies and one year for the Class E felony. The trial court held a hearing on the issue of alternative sentencing and ordered appellant to serve his effective two-year sentence in the Tennessee Department of Correction. Appellant appeals the denial of alternative sentencing. Following our review, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
Frederick D. Deberry v. State of Tennessee
The Petitioner, Frederick D. Deberry, appeals as of right from the Fayette County Circuit Court's summary dismissal of his petition for post-conviction relief. On appeal, the Petitioner contends that the statute of limitations should be tolled (1) because he was in federal custody until 2014 and lacked access to Tennessee legal materials and (2) because his trial counsel and the trial court clerk failed to advise him about post-conviciton procedures after he inquired about such information. Discerning no error, we affirm the judgment of the post-conviction court. |
Fayette | Court of Criminal Appeals | |
State of Tennessee v. John Burley Alberts
Following a jury trial, the Defendant, John Burley Alberts, was convicted of four counts of rape of a child, see Tennessee Code Annotated section 39-13-522, and received an effective sentence of one hundred years to be served at one hundred percent. On appeal, the Defendant contends (1) that the trial court erred in denying the Defendant’s motion to suppress evidence obtained from a warrantless search of the Defendant’s car, and (2) that evidence obtained from a laptop computer recovered from his car should have been suppressed because officers did not acquire a search warrant prior to performing a forensic analysis of the computer. Because we conclude that the search was valid under the automobile exception to the warrant requirement and that the Defendant has waived review of the second issue, the judgments of the trial court are affirmed. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Kenny Thomason
A Rutherford County Circuit Court Jury convicted the Appellant, Kenny Thomason, of first degree premeditated murder, and the trial court sentenced him to life imprisonment. On appeal, the Appellant challenges the sufficiency of the evidence sustaining his conviction, claiming that the State failed to prove premeditation or that he possessed the weapon that killed the victim; instead, he asserts that the victim possessed the weapon and that she was killed during a struggle. Upon review, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Kenny Thomason - dissent
I respectfully dissent from the majority view that the evidence supports a verdict of first degree premeditated murder. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Clifford Eric Marsh
The Defendant, Clifford Eric Marsh, pleaded guilty to fourth offense driving on a revoked license, a Class A misdemeanor. See T.C.A. § 55-50-504 (2012). The trial court sentenced the Defendant to eleven months, twenty-nine days’ confinement at 75% service. On appeal, the Defendant contends that the trial court erred by denying his request for alternative sentencing. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Nolan Excell Pippen
Following a jury trial, the Defendant, Nolan Excell Pippen, was convicted of public intoxication, a Class C misdemeanor; and simple possession of marijuana, third or subsequent offense, a Class E felony. See Tenn. Code Ann. §§ 39-17-310, -418. The trial court imposed a total effective sentence of two years’ incarceration. On appeal, the Defendant contends (1) that the evidence was insufficient to support his conviction for public intoxication; and (2) that the trial court erred in denying his motion to suppress the marijuana found in his pocket during a search incident to his arrest for public intoxication. Following our review, we conclude that the evidence was insufficient to sustain the Defendant’s conviction for public intoxication and that the trial court erred in denying the Defendant’s suppression motion. Accordingly, we reverse the judgments of the trial court and dismiss the charges against the Defendant. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Nolan Excell Pippen - concurring and dissenting
I respectfully dissent from the majority’s conclusion that the trial court erred by denying the defendant’s motion to suppress. I concur with the majority’s conclusion that the evidence was insufficient to support the defendant’s conviction for public intoxication as indicted, but I would uphold his conviction for simple possession of marijuana. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Chuncy Lesolue Hollis
The defendant, Chuncy Lesolue Hollis, whose original first degree premeditated murder conviction was reversed by this court due to an error in jury instructions, was again convicted by a Gibson County jury in a second trial of first degree premeditated murder and sentenced to life imprisonment. On appeal, he argues that the evidence is insufficient to sustain his conviction; that the trial court erred by issuing a jury instruction on flight and by not instructing the jury on cause of death, by allowing prior statements of witnesses to be introduced as substantive evidence, by allowing photographic lineups into evidence and by summarily dismissing his motion for judgment of acquittal and/or a new trial without holding a hearing; that the State committed prosecutorial misconduct by the manner in which the prosecutor questioned witnesses and by the improper comments he made in opening statement and closing argument; and that the cumulative effect of various trial errors deprived the defendant of his constitutional right to a fair trial. Following our review, we affirm the judgment of the trial court. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Chalmers G. Brown
The defendant, Chalmers G. Brown, appeals the trial court’s order granting his motion to correct an illegal sentence and entering corrected judgments, arguing that his convictions should have been vacated not merely corrected. After review, we reverse the trial court’s correction of the judgments against the defendant and reinstate the original judgments. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Douglas Kincaid
Appellant stands convicted of possession with the intent to sell not less than one-half ounce but not more than ten pounds of marijuana, a Class E felony; possession with intent to sell a schedule IV controlled substance, a Class D felony; possession of a firearm with the intent to go armed during the commission of a dangerous felony, a Class D felony; and possession of drug paraphernalia, a Class A misdemeanor. The trial court imposed partially consecutive sentences, for an effective sentence of five years. On appeal, appellant argues that: (1) the evidence was insufficient to support his possession of tramadol conviction and his firearm conviction; (2) the trial court erred in admitting into evidence the photographs and text messages from appellant's cellular telephone; and (3) the trial court erred in allowing witnesses to testify regarding appellant's oral statement to police. Following our review of the record and the applicable law, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
Chauquinn Bernard v. State of Tennessee
Petitioner, Chauquinn Bernard, pleaded guilty to felony possession of marijuana pursuant to Tennessee Code Annotated section 39-17-418(e) and received the agreed-upon sentence of four years in the Tennessee Department of Correction, to be served concurrently with a ten-year sentence for aggravated burglary that he was already serving. He filed a petition for post-conviction relief alleging ineffective assistance of counsel and involuntariness of his guilty plea. Following an evidentiary hearing, the post-conviction court denied relief. In this appeal, petitioner argues that the post-conviction court erred in finding that he received effective assistance of counsel. Following our review, we affirm the judgment of the post-conviction court. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Robert Spencer
Following a jury trial, the Defendant, Robert Spencer, was convicted of one count of possession with intent to sell twenty-six grams or more of a substance containing cocaine and one count of possession with intent to deliver twenty-six grams or more of a substance containing cocaine, both Class B felonies. See Tenn. Code Ann. § 39-17-417(a)(4), (c)(1), (i)(5). The trial court imposed a total effective sentence of fourteen years. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his convictions; (2) that the trial court erred by allowing an investigator to testify about statements made by a “cooperating source”; and (3) that the trial court erred by failing to merge his convictions. Following our review, we affirm the Defendant's convictions. However, we merge the Defendant's convictions and remand the case to the trial court for entry of corrected judgment forms reflecting said merger. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Richard Lee Morris
The Defendant-Appellant, Richard Lee Morris, was indicted by a Madison County Grand Jury for attempted rape and misdemeanor assault. Following a jury trial, he was convicted of the lesser included offense of sexual battery and the charged offense of assault. See T.C.A. §§ 39-13-505, -101(a)(1) (Supp. 2013). The trial court sentenced Morris as a Range II, multiple offender to four years for the sexual battery conviction and to eleven months and twenty-nine days for the assault conviction and ordered the sentences served consecutively. On appeal, Morris argues that the evidence is insufficient to sustain his assault conviction. Upon review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Jerome Sanders
A Shelby County Criminal Court Jury convicted the appellant, Jerome Sanders, of aggravated robbery, a Class B felony, and the trial court sentenced him as a Range II, multiple offender to eighteen years to be served at eighty-five percent. On appeal, the appellant contends that the the trial court erred by refusing to suppress pretrial identifications of him made by the victim; that the trial court erred by failing to suppress his statement to police; that the trial court improperly questioned the victim, which commented on the evidence and bolstered the victim's credibility; that the trial court should have recused itself because the court's conduct and demeanor created judicial bias; that the trial court admitted evidence in violation of Tennessee Rule of Evidence 404(b); that the trial court erred by admitting the co-defendant's statement into evidence; that the State committed prosecutorial misconduct during closing arguments; and that cumulative error warrants a new trial. Based upon the oral arguments, the record, and the parties' briefs, we conclude that trial court committed reversible error by potentially allowing the jury to hear improper propensity evidence in violation of Rule 404(b), Tennessee Rules of Evidence. Therefore, the appellant's conviction is reversed, and the case is remanded for a new trial, at which another judge shall preside. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Juan E. Henderson
The Defendant, Juan E. Henderson, appeals as of right from the Sullivan County Criminal Court's revocation of probation and order that he serve the balance of his seven-year sentence in confinement. On appeal, he asserts that the trial court abused its discretion when it revoked his probation. Following our review, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Dondrinkus T. Dickerson
A Robertson County jury convicted the Defendant, Dondrinkus T. Dickerson, of rape, and the trial court sentenced the Defendant to ten years in the Tennessee Department of Correction to be served consecutively to his prior sentences. On appeal, the Defendant contends that: (1) the evidence is insufficient to support his conviction; and (2) the trial court abused its discretion when it sentenced him. After a thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Robertson | Court of Criminal Appeals | |
Steven Bernard Syndor v. State of Tennessee
Petitioner, Steven Bernard Sydnor, appeals the denial of his petition for post-conviction relief from his Davidson County Criminal Court convictions for second degree murder and theft of property valued over $1000. Petitioner alleges that he received ineffective assistance of counsel in that trial counsel failed to discuss trial strategy with him and failed to present assisted suicide to the jury as a defense theory. Upon our review of the record, we affirm the decision of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Timothy Wayne Johnson
Defendant, Timothy Wayne Johnson, sought relief in Warren County under a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. The motion was summarily denied, and Defendant timely appealed the ruling. Upon review, we affirm the judgment of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. William Gary Mosley
The appellant, William Gary Mosley, pled guilty in the Marion County Circuit Court to initiation of a process intended to result in the manufacture of methamphetamine, a Class B felony, and two counts of possession of drug paraphernalia, a Class A misdemeanor, and reserved a certified question of law concerning the sufficiency of the affidavit underlying the search warrant issued in this case. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the affidavit failed to establish probable cause for the search warrant. Therefore, the judgment of the trial court is reversed, the appellant’s convictions are vacated, and the charges are dismissed. |
Marion | Court of Criminal Appeals | |
Maria Delaluz Urbano-Uriostegui v. State of Tennessee
The Petitioner, Maria Delaluz Urbano-Uriostegui, filed in the Davidson County Criminal Court a petition for post-conviction relief from her conviction of aggravated child abuse, citing multiple issues, including ineffective assistance of counsel. The post-conviction court summarily dismissed the petition, holding that the issues raised by the Petitioner were previously determined on direct appeal. On appeal, the Petitioner challenges the post-conviction court’s ruling. Upon review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Joshua Johnson
Appellant, Joshua Johnson, stands convicted of facilitation of attempted first degree murder, employing a firearm during the attempted commission of a dangerous felony with a prior dangerous felony conviction, unlawful possession of a weapon, and aggravated assault. He received an effective sentence of twenty-six years. On appeal, appellant argues that the evidence was insufficient to support his convictions, that he should not have been convicted and sentenced under Tennessee Code Annotated section 39-17-1324 when he was not convicted of any of the listed dangerous felonies, and that the trial court should have granted his request for an absent material witness jury instruction. Following our careful review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Abdujuan M. Napper
The Defendant, Abdujuan M. Napper, appeals the Montgomery County Circuit Court’s order revoking his probation in case numbers 41100355 and 41100356 for his convictions for possession of marijuana, possession of drug paraphernalia, and misdemeanor vandalism and ordering him to serve the remainder of his effective sentence of three years, eleven months, and twenty-nine days in confinement. The Defendant also appeals the trial court’s sentencing determinations in related case numbers 41200773 and 41200884. The Defendant pleaded guilty in case number 41200773 to possession with the intent to sell 0.5 ounce or more of marijuana and received a three-year sentence. The trial court ordered the Defendant to serve his sentence in confinement and imposed consecutive service to the sentences in case numbers 41100355 and 41100356. The Defendant also pleaded guilty in case number 41200884 to unlawful possession of a firearm and to misdemeanor domestic assault. The trial court imposed concurrent sentences of three years for the weapon-related conviction and eleven months, twenty-nine days for the assault-related conviction. The court ordered the sentences be served consecutively to the sentence in case number 41200733, for an effective sentence of thirteen years. The Defendant later sought to withdraw his guilty pleas, which the trial court denied. On appeal, the Defendant contends that trial court erred by (1) failing to consider the appropriate purposes and principles of sentencing and (2) denying his motion to withdraw his guilty pleas. We affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals |
