James Smith v. Doug Cook, Warden
The petitioner, James Smith, appeals the summary dismissal of his petition for writ of habeas corpus, which challenged his 2000 conviction of first degree murder, claiming that the trial court lacked subject matter jurisdiction because the indictment was void. Discerning no error, we affirm the order of summary dismissal. |
Bledsoe | Court of Criminal Appeals | |
State of Tennessee v. Bobby Ray Graves, Jr.
In 2013, the Defendant pleaded guilty in case number F-13761 to two counts of theft of property valued over $1,000, one count of theft of property valued between $500 and $1,000, and one count of simple possession of a controlled substance. The Defendant also pleaded guilty in case number F-14140 to one count of promoting the manufacture of methamphetamine. For these convictions, the trial court imposed a six-year sentence in case number F-13761 and a two-year consecutive sentence in case number F-14140, for a total effective sentence of eight years, to be served on supervised probation. In 2014, the trial court issued a probation violation warrant and, after a hearing, the trial court revoked the Defendant’s probation and ordered the Defendant to serve his sentence in confinement. On appeal, the Defendant contends that there was insufficient evidence to warrant a revocation of his probation. After a thorough review of the record and applicable law, we affirm the trial court’s judgment. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Ray Rowland
Ray Rowland (“the Defendant”) filed a Motion for Return of Property pursuant to Rule 41(g) of the Tennessee Rules of Criminal Procedure. The trial court found that it did not have jurisdiction to hear the case and dismissed the Defendant’s motion. On appeal, we conclude that the trial court does have jurisdiction. We reverse the judgment of the trial court and remand the case for a hearing. |
Shelby | Court of Criminal Appeals | |
State of Tennessee vs. Yuell Frank Reeves
Yuell Frank Reeves (“the Defendant”) appeals the Hamilton County Criminal Court’s summary dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. In September 1990, the Defendant was sentenced to four years for burglary, an offense which the Defendant committed in May 1990 (“the May offense”). In November 1990, the Defendant pleaded guilty to two additional burglaries committed in June and July 1990 (“the June/July offenses”) and received an effective four-year sentence which was ordered to run concurrently with the four-year sentence for the May offense. Approximately twenty-four years later, the Defendant filed a Rule 36.1 motion seeking to set aside his plea alleging he was released on bail for the May offense when he committed the June/July offenses. The Defendant asserts that the trial court erred by summarily dismissing his motion, and the State concedes that the case should be remanded for a hearing. Upon review, we affirm the judgment of the trial court summarily dismissing the Rule 36.1 motion as to the May offense and reverse the judgment summarily dismissing the motion as to the June/July offenses and remand for further proceedings consistent with this opinion. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Yuell Frank Reeves - concurring
I agree with the majority that the summary dismissal in case number 183558 (May 1990 offense) should be affirmed. Viewing appellant’s motion in the light most favorable to him, I also agree with the majority that appellant has presented a colorable Tennessee Rule of Criminal Procedure Rule 36.1 claim with respect to case numbers 183785 and 183905 (the June/July 1990 offenses) due to the trial court’s concurrent, rather than statutorily-mandated consecutive, sentence alignment. See Tenn. Code Ann. § 40-20-111(b) (mandating consecutive sentence alignment when a defendant commits a felony while the defendant is released on bail and the defendant is convicted of both offenses). |
Hamilton | Court of Criminal Appeals | |
Rocky Joe Houston v. State of Tennessee
The pro se petitioner, Rocky Joe Houston, appeals as of right from the Roane County Criminal Court’s order summarily dismissing as untimely his petition for post-conviction relief. The State has filed a motion to affirm the post-conviction court’s order 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 order of the trial court. |
Roane | Court of Criminal Appeals | |
State of Tennessee v. Brent Hicks
In February 2013, the Williamson County Grand Jury indicted the Defendant, Brent Hicks, for theft of merchandise over $1,000, a Class D felony. Following a jury trial, the Defendant was convicted as charged and sentenced to eight years in the Department of Correction. On appeal, the Defendant contends that the evidence presented at trial is insufficient to support his conviction and that his sentence is excessive. Following our review, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Jason Martindill
Defendant, Jason Martindill, appeals from the trial court’s summary dismissal of his motion filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Following our review of the parties’ briefs, the record, and the applicable law, we affirm the trial court’s dismissal of the motion. |
Chester | Court of Criminal Appeals | |
Robert L. Mitchell v. State of Tennessee
A Davidson County jury convicted the Petitioner, Robert L. Mitchell, of one count of especially aggravated kidnapping, two counts of aggravated kidnapping, and one count of assault. The trial court sentenced him to an effective sentence of thirty-seven years of incarceration. This Court affirmed his convictions and sentence on appeal. State v. Robert L. Mitchell, No. M2005-01652-CCA-R3-CD, 2006 WL 1506519, at *1 (Tenn. Crim. App., at Nashville, June 1, 2006), perm. app. denied (Tenn. Nov. 13, 2006). After unsuccessfully seeking post-conviction and habeas corpus relief, the Petitioner filed a second petition for habeas corpus relief that is the subject of this appeal. He challenged his conviction for especially aggravated kidnapping, alleging first that the allegation of “force, threat, or fraud” in the indictment for especially aggravated kidnapping did not support his conviction and, second, the indictment failed to charge aggravating factors that he asserts were required to support his conviction based upon the fact that he was the parent of the victim. The habeas corpus court summarily dismissed the Petitioner’s petition, and he now appeals. On appeal, we conclude that the habeas corpus court did not err, and we therefore affirm its judgment. |
Davidson | Court of Criminal Appeals | |
Monoleto D. Green v. State of Tennessee
The Petitioner, Monoleto D. Green, appeals as of right from the Davidson County Criminal 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. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Kenneth D. Sanders
Petitioner, Kenneth D. Sanders, appeals the order of the trial court denying his motion to vacate his guilty plea and/or motion to alter and amend the judgment in which he alleged that he received ineffective assistance of counsel during his guilty plea proceedings. The trial court treated the motion as a petition for post-conviction relief and found that it was filed beyond the statute of limitations. On appeal, Petitioner argues that: (1) Petitioner is actually innocent; (2) The District Court [sic] lacked subject matter jurisdiction; (3) The sentence is an illegal sentence; (4) Petitioner’s guilty plea was not knowingly and intelligently made; and (5) Petitioner was deprived of his rights guaranteed him by the Sixth and Fourteenth Amendments. After a thorough review, we affirm the judgment of the trial court. |
Grundy | Court of Criminal Appeals | |
State of Tennessee v. Elahu Hill, Jr.
In September 2014, the Madison County Grand Jury indicted the Defendant, Elahu Hill, Jr., for simple possession of marijuana, tampering with evidence, and violation of the open container law. Following a trial, the jury found the Defendant guilty of simple possession of marijuana and tampering with evidence, for which he received an effective five-year sentence. On appeal, the Defendant argues that the evidence is insufficient to support his conviction for tampering with evidence and that his five-year sentence for tampering with evidence was excessive. Upon review, we affirm the Defendant's conviction and sentence for simple possession of marijuana. However, we reverse and vacate the Defendant's conviction for tampering with evidence because we conclude that the evidence is insufficient to support the conviction. |
Madison | Court of Criminal Appeals | |
Sidney Cason v. Mike Parris, Warden
Petitioner, Sidney T. Cason, appeals the Lake County Circuit Court's summary dismissal of his petition for writ of habeas corpus. Because we determine that Petitioner has failed to file a timely notice of appeal or provide reason as to why the timely filing of the notice of appeal should be waived, the appeal is dismissed. |
Lake | Court of Criminal Appeals | |
Ronald Leslie McKnight v. State of Tennessee
The petitioner, Ronald Leslie McKnight, appeals the denial of his bid for post-conviction relief from his 2011 Davidson County Criminal Court jury conviction of aggravated burglary, claiming that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Antoine Tony Blugh
The Defendant-Appellant, Antoine Tony Blugh, was charged by presentment in count 1 of violating the Sex Offender Registration Act by establishing a residence within 1000 feet of a public park, in count 2 of violating the Sex Offender Registration Act by failing to timely register within forty-eight hours of changing his residence, in count 3 of an enhanced violation of the Sex Offender Registration Act by establishing a residence within 1000 feet of a public park after already having been convicted of a prior sex offender registry violation, and in count 4 of an enhanced violation of the Sex Offender Registration Act by failing to timely register after already having been convicted of a prior sex offender registry violation, all of which were Class E felonies. See T.C.A. §§ 40-39-211, -208. Prior to trial, Blugh filed a motion to dismiss the presentment, which the court denied. At trial, the jury acquitted Blugh in counts 1 and 3 but convicted him of count 2, and, following the second part of the bifurcated trial, convicted him of the enhanced violation in count 4. After merging count 2 with count 4, the trial court imposed a sentence of two years and six months, with a mandatory minimum sentence length of 180 days‟ imprisonment. See id. § 40-39-208(d). On appeal, Blugh argues: (1) the trial court erred in denying his motion to dismiss the presentment; (2) the trial court erroneously instructed the jury as to the applicable law regarding his status as a sexual offender in Tennessee; and (3) the trial court erred in denying his motion for judgment of acquittal because there was a fatal variance between the crimes alleged in the presentment and the evidence presented at trial. Upon review, the judgments of the trial court are affirmed. |
Sullivan | Court of Criminal Appeals | |
Marvin Matthews v. Henry Steward, Warden
The Petitioner, Marvin Matthews, appeals the trial court's denial of his petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the trial court's judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State's motion and affirm the judgment of the trial court. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Maurice Currie
The defendant, Maurice Currie, appeals the summary dismissal of his motion to correct an illegal sentence. He asserts that the trial court erred in summarily dismissing his motion because Rule 36.1 of the Tennessee Rules of Criminal Procedure does not place a time limit on the filing of a claim and the court improperly treated the motion as a petition for writ of habeas corpus. After review, we reverse the trial court’s judgment and remand for proceedings consistent with this opinion. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Stacey Philander Baldon
The defendant, Stacey Philander Baldon, appeals the summary denial of his motion, filed pursuant to Tennessee Rule of Criminal Procedure 36.1, to correct what he believes to be an illegal sentence. Because the petitioner stated a colorable claim for relief under Rule 36.1, which the State concedes, the trial court erred by summarily denying the motion. In consequence, we reverse the judgment of the trial court and remand the case for further proceedings. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Stacey Philander Baldon-Concurring
I concur with the results of the majority, but from a somewhat different view. I agree the arrival of Rule 36.1 has produced an anathema. I further agree that the trial court misapprehended Defendant’s claim as one that would result in permissive sentence alignment. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Casey Dupra Drennon
The appellant, Casey Dupra Drennon, pled guilty in the Rutherford County Circuit Court to aggravated assault, a Class C felony, and received a seven-year sentence with credit for 149 days already served and the remainder on supervised probation. On appeal, the appellant contends that the trial court erred by revoking his probation and ordering that he serve the remainder of his sentence in confinement. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Scott Edward Robins
The Appellant, Scott Edward Robins, pled guilty in the Marshall County Circuit Court to the initiation of a process intended to result in the manufacture of methamphetamine. The trial court sentenced the Appellant to eleven years in the Tennessee Department of Correction. On appeal, the Appellant challenges the trial court’s denial of alternative sentencing. Upon review, we affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
Jimmy Ray King v. State of Tennessee
Eleven years after he entered a guilty plea to second degree murder, the Petitioner, Jimmy Ray King, filed a petition for a writ of error coram nobis based on newly discovered evidence. The State filed a motion to dismiss the petition as barred by the statute of limitations, which was granted by the coram nobis court. In this appeal, the sole issue presented for our review is whether due process required tolling of the statute of limitations. Upon our review, we affirm the judgment of the coram nobis court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee. |
Grundy | Court of Criminal Appeals | |
Bruce Turner v. State of Tennessee
The Petitioner, Bruce Turner, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief from his 2010 conviction for rape of a child and his twenty-five-year sentence. He contends that he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Christopher Michael Hooten v. State of Tennessee
The pro se Petitioner, Christopher Michael Hooten, appeals as of right from the Maury County Circuit Court’s summary dismissal of his petition for post-conviction relief. On appeal, the Petitioner contends that his petition presented a colorable claim of ineffective assistance of counsel and, therefore, that the post-conviction court erred by summarily dismissing the petition. The State concedes that the Petitioner presented a colorable claim for relief. Following our review, we agree with the parties and remand for the appointment of counsel and an evidentiary hearing. |
Maury | Court of Criminal Appeals | |
Junior P. Samuel v. State of Tennessee
The petitioner, Junior P. Samuel, appeals pro se from the summary dismissal of his 2015 petition for post-conviction relief, which challenged his 2009 convictions of rape and sexual battery by an authority figure. Because the petition was filed beyond the applicable statute of limitations, because this is the petitioner’s second successive petition for post-conviction relief, and because the petitioner failed to prove a statutory exception to the timely filing or a due process tolling of the statute of limitations, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals |
