Nathan Young Payne v. State of Tennessee
Petitioner, Nathan Young Payne, appeals the dismissal of his motion to withdraw his guilty plea, which the lower court subsequently treated as a petition for post-conviction relief. Because Petitioner has not proven that due process requires tolling of the statute of limitations for post-conviction purposes, the decision of the post-conviction court is affirmed. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Michael Richard Miller
The defendant, Michael Richard Miller, was convicted of three counts of especially aggravated kidnapping, two counts of aggravated robbery, one count of aggravated burglary, and one count of employing a firearm in the course of a dangerous felony. On appeal, he challenges the trial court’s imposition of an effective forty-six-year sentence based upon partial consecutive sentencing. Specifically, the defendant argues that: (1) the trial court misapplied the consecutive sentencing factors in making its sentencing determination; and (2) the trial court erred in ordering that the conviction for employing a firearm in the course of a dangerous felony be served consecutively to all his convictions rather than only to the underlying dangerous felony. Following review of the record, we affirm the sentences as imposed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Eric Darnell Whitaker
The Defendant, Eric Darnell Whitaker, was found guilty by a Maury County Circuit Court jury of attempt to commit first degree premeditated murder, a Class A felony, two counts of aggravated assault, Class C felonies, reckless endangerment, a Class E felony, and theft of property valued at $1000 or more but less than $10,000, a Class D felony. See T.C.A. §§ 39-13-202 (2014), 39-12-101 (2014), 39-13-102 (Supp. 2011) (amended 2013), 39-13-103 (2010) (amended 2011, 2012, 2013), 39-14-103 (Supp. 2011) (amended 2014). The trial court sentenced the Defendant as a Range I, standard offender to twenty years for attempted first degree murder, five years for each aggravated assault, two years for reckless endangerment, and three years for theft. The court ordered consecutive service for one aggravated assault, the reckless endangerment, and the theft sentences, for an effective thirty-year sentence. On appeal, the Defendant contends that the evidence is insufficient to support his attempted first degree murder and theft convictions. We affirm the judgments of the trial court. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Emily Brittany Davis
The Defendant, Emily Brittany Davis, pleaded guilty to one count of vandalism under $500 and was sentenced to serve eleven months, twenty-nine days on supervised probation and pay restitution to the victim. After a hearing, where the victim testified about the cost of the Defendant’s vandalism, the criminal court ordered the Defendant to pay $800 in restitution, and the Defendant appeals this order. Following a careful review of the record and applicable law, we affirm. |
Davidson | Court of Criminal Appeals | |
Antonio Bigsbee v. State of Tennessee
Following a jury trial, Antonio Bigsbee (“the Petitioner”) was convicted of especially aggravated kidnapping and reckless endangerment and sentenced as an especially mitigated offender to thirteen and a half years’ incarceration. The Petitioner filed a petition for post-conviction relief alleging that trial counsel failed to communicate a plea offer of eight years’ incarceration. After a hearing, the post-conviction court denied relief. Discerning no error, we affirm the judgment of the post-conviction court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Jesse Allen Christman
The Defendant-Appellant, Jesse Allen Christman, entered guilty pleas to aggravated assault and kidnapping, Class C felonies, with the trial court to determine the length and manner of service of the sentences. Aftera sentencing hearing, the trial court sentenced him to twelve years in the Tennessee Department of Correction. On appeal, the Defendant argues that the trial court abused its discretion in imposing an excessive sentence and in denying him an alternative sentence. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Myron Pierre Walton
Defendant, Myron Pierre Walton, appeals from the trial court’s summary dismissal of his motion filed pursuant to Tennessee Rule of Criminal Procedure 36.1. The State concedes that the trial court erred by summarily dismissing Defendant’s motion. Following our review of the parties’ briefs, the record, and the applicable law, we reverse the trial court’s order dismissing the motion and remand for appointment of counsel if Defendant is indigent and for other proceedings pursuant to Tennessee Rule of Criminal Procedure 36.1. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v.Dwight R. Walton
Appellant, Dwight R. Walton, stands convicted of two counts of rape of a child, Class A felonies; three counts of aggravated sexual battery, Class B felonies; and two counts of soliciting sexual exploitation of a minor by electronic means, Class C felonies. He received an effective sentence of fifty years in the Tennessee Department of Correction. On appeal, he argues that the evidence was insufficient to support his convictions; that the trial court abused its sentencing discretion; that the trial court committed plain error by finding that appellant did not present a prima facie case of gender discrimination by the State in jury selection; and that the trial court committed plain error by denying appellant's request for the offense of child abuse to be charged to the jury as a lesser-included offense of rape of a child. Following our careful review, we conclude that one of appellant‟s convictions for aggravated sexual battery must be reversed for insufficient evidence and that the remaining two convictions for aggravated sexual battery must be merged. We affirm the remainder of appellant's convictions. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Anthony Todd Ghormley
The Defendant, Anthony Todd Ghormley, entered a nolo contendere plea to sexual battery by an authority figure and received an effective five-year sentence to be served on community corrections. Approximately nine years after the judgment was filed, the Defendant filed a motion pursuant to Tennessee Criminal Procedure Rule 36.1 requesting that the trial court correct an illegal sentence. The trial court summarily dismissed the motion as moot on the basis the Defendant had already served his sentence. On appeal, the Defendant contends that the trial court erred in dismissing his motion. We affirm the judgment of the trial court. |
Loudon | Court of Criminal Appeals | |
State of Tennessee v. Anthony Todd Ghormley - separate opinion
I concur in the finding that Petitioner has not stated a colorable claim for which he is entitled to relief under Rule 36.1. I write separately in order to express my disagreement with the statement in the lead opinion that the plain language of Tennessee Rule of Criminal Procedure 36.1 forecloses the conclusion that a claim of an illegal sentence is moot because the sentence has expired. I respectfully disagree particularly in this case when the record allows for a common sense, straightforward calculation leading to the inescapable conclusion that Petitioner‟s Community Corrections sentence has long since expired.
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Loudon | Court of Criminal Appeals | |
Alexa Williams EL v. State of Tennessee
Petitioner, Alexa Williams El, appeals from the trial court's summary dismissal of her three pro se petitions for writ of habeas corpus filed on January 20, 21, and 29, 2015, in which she alleged a number of statutory and procedural violations with regard to the requirements for notifying state officials of a driving infraction after the judgment had issued. She also asserted that the arrest warrants were insufficient with respect to her convictions for driving a motor vehicle while the privilege to drive was suspended, driving an unregistered vehicle, and operating a motor vehicle without evidence of financial responsibility. After a thorough review, we affirm the judgment of the trial court. |
Carroll | Court of Criminal Appeals | |
James Fitz v. State of Tennessee
Petitioner, James Fitz, pleaded guilty to first degree murder, attempted rape, especially aggravated kidnapping, and theft of property valued over $1,000 but under $10,000. He received an effective sentence of life imprisonment. Subsequently, he filed a petition for post-conviction relief, which he later withdrew. More than four years after his guilty plea, petitioner filed a second petition for post-conviction relief. The trial court summarily dismissed the petition as untimely and alternatively as a failed motion to re-open post-conviction proceedings. Following our review, we conclude that petitioner’s notice of appeal was not timely and dismiss his appeal. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Luis Jorge Diaz
Appellant, Luis Jorge Diaz, was convicted of six counts of aggravated sexual battery. The trial court sentenced appellant to ten years for each conviction and aligned two of the convictions consecutively, for a total effective sentence of twenty years. Appellant now challenges his convictions, arguing that: (1) the evidence was insufficient to support his convictions; (2) the trial court erred in allowing the State to use leading questions during the State’s direct examination of the victim; and (3) the trial court erred in sentencing. Following our review of the briefs, the parties’ arguments, and the applicable law, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jameson Ross Owen
The defendant, Jameson Ross Owen, was convicted by a Bedford County Circuit Court jury of violation of an order of protection, a Class A misdemeanor, and was sentenced by the trial court to eleven months, twenty-nine days in the county jail. The sole issue the defendant raises on appeal is whether the trial court erred by admitting Rule 404(b) evidence of his alleged history of stalking the victim. Following our review, we affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Randy Anthony Sanders
Appellant, Randy Anthony Sanders, was convicted of theft valued at $1,000 or more but less than $10,000, a Class D felony. The trial court sentenced appellant as a Range II, multiple offender to seven years in confinement. On appeal, appellant argues that: (1) the evidence was insufficient to support his conviction; (2) the indictment was improperly aggregated into one count and that because of the aggregation, the State should have made an election of facts; (3) the State improperly asked the jury to view the crime from the victim’s perspective during closing argument; (4) the State improperly argued facts that were not in the record during closing argument; and (5) the cumulative effect of these errors requires a new trial. Following our review of the parties’ briefs, the record, and the applicable law, we affirm the judgment of the trial court. |
Sumner | Court of Criminal Appeals | |
Rivera L. Peoples v. State of Tennessee
The petitioner, Rivera L. Peoples, appeals the denial of his petition for post-conviction relief, arguing thathe received the ineffective assistance of counsel. After review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Athanasios Diakos Edmonston
The defendant, Athanasios Diakos Edmonston, appeals his Williamson County Circuit Court jury convictions of especially aggravated kidnapping, aggravated burglary, aggravated assault, and assault, contending that the trial court erred by refusing to suppress the statements he made to law enforcement officers and that the evidence adduced at trial was insufficient to support his convictions. Discerning no error, we affirm. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Thomas Andrew Bell
The defendant, Thomas Andrew Bell, appeals the six-year sentence imposed for his Knox County Criminal Court guilty-pleaded convictions of possession with intent to sell more than one-half ounce of marijuana within 1,000 feet of a public park, possession of drug paraphernalia, simple possession, and possession with intent to sell cocaine, claiming that the trial court erred by ordering a fully incarcerative sentence. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals | |
LeDarren Hawkins v. State of Tennessee
The petitioner, Ledarren Hawkins, appeals the post-conviction court's dismissal of his petition for post-conviction relief as untimely. On appeal, he argues that due process grounds warrant a tolling of the statute of limitations. Upon our review, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
LeSergio Wilson v. State of Tennessee
The petitioner, LeSergio Wilson, appeals the denial of his petition for post-conviction relief, arguing that he received the ineffective assistance of counsel. After review, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Donald Edward Daniel
The defendant, Donald Edward Daniel, appeals his Davidson County Criminal Court bench conviction of violating an order of protection pursuant to Tennessee Code Annotated section 39-13-113, contending that the trial court’s interpretation of the order of protection was overly broad and that the evidence was insufficient to support his conviction. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
Forrest David Agostinho v. State of Tennessee
The petitioner, Forrest David Agostinho, appeals the denial of his petition for post-conviction relief, which challenged his 2012 convictions of 14 counts of aggravated sexual battery, five counts of Class B felony sexual exploitation of a minor, and one count of Class D felony sexual exploitation of a minor. In this appeal, the petitioner asserts that the post-conviction court denied him a full and fair hearing on his post-conviction petition and that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm the denial of post-conviction relief. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. William Thomas Umfleet
The defendant, William Thomas Umfleet, appeals his Hardin County Circuit Court jury conviction of first degree premeditated murder, claiming that the evidence was insufficient to support his conviction. Discerning no error, we affirm the judgment of the trial court. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Angel Manuel Rivera
A Davidson County Criminal Court Jury convicted the appellant, Angel Manuel Rivera, of first degree felony murder, second degree murder, attempted especially aggravated robbery, and three counts of aggravated assault. After merging the murder convictions, the trial court imposed a total effective sentence of life plus five years. On appeal, the appellant challenges the sufficiency of the evidence sustaining his convictions, the trial court’s denial of his motion for a judgment of acquittal, the trial court’s permitting witness testimony about the appellant’s character, and the trial court’s failure to allow counsel to withdraw prior to trial. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Mindy Dodd v. State of Tennessee
The Petitioner, Mindy Dodd, appeals the Rutherford County Circuit Court’s denial of her petition to reopen her petition for post-conviction relief, seeking DNA analysis of evidence pursuant to the Post-Conviction DNA Analysis Act of 2001. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals |
