State of Tennessee v. Anthony Bayman
A Shelby County jury convicted the Defendant, Anthony Bayman, of second degree murder, and the trial court sentenced him to thirty-two years in the Tennessee Department of Correction. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction because the evidence supported a conviction for the lesser-included offense of voluntary manslaughter rather than second degree murder. After a thorough review of the record and applicable authorities, we affirm the trial court's judgment. |
Shelby | Court of Criminal Appeals | |
Timothy Guilfoy v. State of Tennessee
The Petitioner, Timothy Guilfoy, appeals from the denial of his petition for post-conviction relief. On appeal, the Petitioner argues that he received ineffective assistance of counsel. Upon review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Thomas L. Cope
Following a bench trial, the defendant, Thomas L. Cope, was convicted of reckless aggravated assault, reckless endangerment with a deadly weapon, violation of the open container law, and failure to yield the right of way. The reckless endangerment conviction was merged into the aggravated assault conviction, for which the defendant was sentenced to three years at 30% and a concurrent sentence of thirty days for failure to yield the right of way. The effective three-year sentence was ordered to be served by split confinement with 210 days’ incarceration with the balance of the sentence served on supervised probation. He was fined $50 for violation of the open container law, with the same punishment for his conviction for failure to yield. On appeal, the defendant argues that the evidence is insufficient to sustain his conviction for reckless aggravated assault. Following our review, we affirm the judgments of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Shanta Stinson
The Defendant, Shanta Stinson, pleaded guilty to aggravated burglary, a Class C felony, theft of property valued at $1000 or more but less than $10,000, a Class D felony, identity theft, a Class D felony, two counts of theft of property valued at more than $500 but less than $1000, Class E felonies, two counts of vandalism, Class A misdemeanors, and illegal possession of a credit card, a Class A misdemeanor. See T.C.A. §§ 39-14-403 (2014) (aggravated burglary), 39-14-103 (2014) (theft of property), 39-14-146 (2014) (theft of merchandise), 39-14-105 (2014) (grading of theft/vandalism), 39-14-150 (Supp. 2011) (amended 2013, 2014) (identity theft), 39-14-408 (2014) (vandalism), 39-14-118 (2014) (illegal possession of a credit card). The trial court sentenced the Defendant as a Range I, standard offender to concurrent terms of five years for aggravated burglary, three years for theft of property valued at $1000 or more, two years for identity theft, and two years for each theft of property valued at more than $500. The trial court also sentenced the Defendant to two concurrent terms of eleven months, twenty-nine days for each vandalism and illegal possession of a credit card conviction, for an effective five-year sentence. The court ordered the Defendant to serve eleven months, twenty-nine days at 75% service for the vandalism convictions and to serve her other sentences on probation. On appeal, the Defendant contends that the trial court erred by denying her request for alternative sentencing relative to her vandalism convictions and ordering her to serve the sentences in confinement.
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Sullivan | Court of Criminal Appeals | |
Omar Alejandro Garcia v. State of Tennessee
Omar Alejandro Garcia (“the Petitioner”) filed a petition for post-conviction relief alleging that he received ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. Upon review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Frederick J. Schmitz, Jr.
The defendant, Frederick J. Schmitz, Jr., appeals his Dickson County Circuit Court jury conviction of driving without a license, for which he received a sentence of 30 days’ probation. In this appeal, the defendant argues that the trial court lacked jurisdiction to impose the conviction, that Tennessee Code Annotated section 55-50-301 is unconstitutional, and that various procedural errors occurred attendant to his conviction. Discerning no error, we affirm. |
Dickson | Court of Criminal Appeals | |
Demance M. Beasley v. State of Tennessee
The petitioner, Demance M. Beasley, appeals from the denial of his petition for post-conviction relief, which challenged his Davidson County Criminal Court jury convictions of felony murder, aggravated assault, and possession with intent to sell .5 grams or more of cocaine. Discerning no error, we affirm the denial of post-conviction relief. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael Charles Lugiai
The defendant, Michael Charles Lugiai, appeals his Davidson County Criminal Court jury conviction of aggravated robbery, contending that the trial court erred by refusing to suppress the statements he made to law enforcement officers. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
David Scott Kruse v. State of Tennessee
Convicted of first degree murder and sentenced to life in prison, petitioner, David Scott Kruse, has filed his third petition for post-conviction relief. The post-conviction court summarily dismissed the petition as being time-barred. Upon our review, we affirm the judgment of the post-conviction court. |
Trousdale | Court of Criminal Appeals | |
Patrick Trawick v. State of Tennessee
Petitioner, Patrick Trawick, was convicted of first degree murder and two counts of aggravated assault and was sentenced to life in prison without the possibility of parole plus six years. After denial of his direct appeal and his petition for post-conviction relief, he filed the instant petition for writ of error coram nobis alleging that an eyewitness’s recanting of his identification of petitioner constituted newly discovered evidence that entitled him to relief. The coram nobis court dismissed the petition, and this appeal follows. Upon review, we affirm the judgment of the coram nobis court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Rodney Bryant
Appellant, Rodney Bryant, was convicted of carjacking and sentenced to twelve years in the Tennessee Department of Correction. On appeal, he argues that the evidence was insufficient to support his conviction. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Brian Brawner v. State of Tennessee
Petitioner, Brian Brawner, was convicted of aggravated assault, especially aggravated kidnapping, and facilitation of attempted first degree murder. The trial court merged his aggravated assault conviction into his conviction for facilitation of attempted first degree murder and sentenced him to an effective term of thirty years. Following an unsuccessful direct appeal and pursuit of post-conviction relief, petitioner filed the instant petition for a writ of habeas corpus. The habeas corpus court summarily dismissed the petition for failure to comply with the filing requirements and failure to state a basis for relief. Upon our review, we affirm the judgment of the habeas corpus court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Chyanne Elizabeth Gobble
Defendant, Chyanne Elizabeth Gobble, pled guilty to leaving the scene of an accident involving a death. The trial court denied judicial diversion and sentenced Defendant to two years' incarceration, suspending all but thirty days to supervised probation. On appeal, Defendant argues that the trial court erred in denying judicial diversion. We hold that the trial court committed an abuse of discretion in placing undue weight on an irrelevant factor. Upon our de novo review of the record, we reverse the judgment of the trial court and remand the case for entry of an order placing Defendant on diversion for a period of four years in accordance with Tennessee Code Annotated section 40-35-313. |
Carter | Court of Criminal Appeals | |
Kevin LaMont Buford, Sr. v. State of Tennessee
The Petitioner, Kevin LaMont Buford, Sr., appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2010 convictions for facilitation to commit felony murder and attempt to commit especially aggravated robbery and his effective sixty-year sentence. The Petitioner contends that he received the ineffective assistance of counsel and that the post-conviction court erred by denying him relief. We affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Marcus Terrell Church v. State of Tennessee
The petitioner, Marcus Terrell Church, appeals the denial of post-conviction relief from his 2011 Davidson County Criminal Court jury convictions of aggravated robbery and especially aggravated kidnapping, claiming that he was denied the effective assistance of counsel. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Bobby Lee Allen Robinette
The defendant, Bobby Lee Allen Robinette, pled guilty pursuant to a plea agreement to one count of robbery, a Class C felony, and four counts of the theft of $1,000 or more but less than $10,000, Class D felonies. The defendant received an effective sentence of twenty-three years. Thirty-one days after the entry of the judgment, the defendant filed a motion to set aside his pleas, which the trial court denied. The defendant appeals, arguing that his guilty pleas were not entered voluntarily based on the State‟s failure to file a notice that he would be sentenced outside Range I, based on the assertion that he was sentenced outside his Range in one conviction, and based on certain omissions from the inquiry required under Rule 11 of the Tennessee Rules of Criminal Procedure. After a thorough review of the record, we conclude that the defendant‟s motion was timely because the judgment forms do not bear a “file-stamp” date indicating when they were filed with the clerk. Because the trial court did not abuse its discretion in denying the motion to withdraw the guilty pleas, we affirm the judgment of the trial court. |
Roane | Court of Criminal Appeals | |
State of Tennessee v. Connie Lavell Tate
Appellant, Connie Lavell Tate, was indicted on three alternative counts of aggravated assault, Class C felonies. The State dismissed one count prior to trial, and she was convicted of the remaining two counts. After merger, the trial court sentenced appellant to six years as a Range I, standard offender. It suspended the sentence to probation and placed appellant on supervised probation. In this appeal, appellant challenges the sufficiency of the convicting evidence. Following our review, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Connie Lavell Tate - dissenting
I respectfully disagree with the conclusion reached by the majority in this case. In this appeal, the majority upholds the sufficiency of the aggravated assault conviction reasoning that the jury was entitled to discredit the Defendant’s version of the events. A jury is indeed entitled to believe or disbelieve whatever testimony they so choose. However, the only evidence establishing the offense was provided by the Defendant’s statement, in which she claims self-defense. While the jury was free to reject this version of events, the State was not relieved of its duty to supply affirmative proof that the Defendant was the first aggressor. In my view, because the State failed to carry its burden in this regard, I would have reversed the judgment and dismissed the conviction. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Austin F. Busha
Appellant, Austin F. Busha, filed a Tennessee Rule of Criminal Procedure 36.1 motion contesting the legality of his sentence in case number 13492. The trial court summarily dismissed the motion, ruling that it did not have jurisdiction to correct appellant's expired sentence. Appellant submits that the trial court's ruling was error, and the State concedes. Because the award of pretrial jail credits lies strictly within the jurisdiction of the trial court, we reverse the decision of the trial court and remand for proceedings consistent with this opinion. |
Sevier | Court of Criminal Appeals | |
Joshua Dunn v. State of Tennessee
Joshua Dunn (“the Petitioner”) appeals the post-conviction court’s denial of his petition for DNA testing pursuant to the Post-Conviction DNA Analysis Act of 2001. The post-conviction court summarily dismissed the petition. Upon review, we affirm the judgment of the post-conviction court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Deborah Wen Yee Mark
Appellant, Deborah Wen Yee Mark, was convicted of one count of first degree murder during the perpetration of aggravated child abuse, four counts of aggravated child abuse, and four counts of child abuse. The trial court sentenced appellant to life for the murder conviction, twenty years at 100% release eligibility for each of the aggravated child abuse convictions, and three years as a Range I, standard offender for each of the child abuse convictions. The trial court aligned each of the aggravated child abuse sentences consecutively to each other and consecutively to the life sentence. The child abuse sentences were aligned consecutively to the life sentence but concurrently with each other and with the aggravated child abuse sentences for an effective sentence of life plus eighty years. Following her unsuccessful motion for a new trial, appellant raises the following issues on appeal: (1) whether appellant was in custody during her questioning, triggering Miranda requirements; (2) whether her statement was coerced and involuntary; (3) whether the trial court erred in admitting the victim’s adoption video; (4) whether the evidence is sufficient to support appellant’s aggravated child abuse conviction in Count III of the indictment vis-à-vis the finding of “serious bodily injury” based on the loss of four primary teeth; and (5) whether the trial court erred in aligning appellant’s aggravated child abuse sentences consecutively. Following our extensive review, we affirm the judgments of the trial court, but clerical errors in the judgment forms require remand for correction as detailed fully below. |
Wilson | Court of Criminal Appeals | |
Michael Scott Farner v. State of Tennessee
The Petitioner, Michael Scott Farner, appeals as of right from the Polk 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. Following our review, we affirm the judgment of the post-conviction court. |
Polk | Court of Criminal Appeals | |
State of Tennessee v. David Wayne Hearing
The Appellant, David Wayne Hearing, is appealing the trial court’s summary dismissal of his Rule 36.1 motion to correct an illegal sentence in which the Appellant claimed he bargained for a life sentence with possibility of parole but was sentenced to life. The trial court found that the same issue was raised in the Appellant’s prior Rule 36.1 motion. The prior motion that was dismissed by the trial court and the dismissal was affirmed on appeal by this court. The trial court’s order summarily dismissing the Rule 36.1 motion is affirmed under Rule 20. |
Greene | Court of Criminal Appeals | |
Mario D. Jones v. State of Tennessee
Petitioner, Mario D. Jones, was convicted of possession with intent to sell more than fifty (50) grams of a Schedule II controlled substance, a Class A felony. He was sentenced to twenty years in confinement. Petitioner filed the instant petition for post-conviction relief, in which he alleged that he received ineffective assistance of counsel and was denied his due process rights. Following an evidentiary hearing, the post-conviction court denied relief. On appeal, petitioner argues that he received ineffective assistance of counsel when trial counsel: (1) failed to call unspecified witnesses to challenge the weight of the tablets that he possessed and (2) failed to call the officer who was responsible for the storage of evidence. Petitioner also argues that he was denied due process by a State sentencing offer that was contingent upon his payment of a $500,000 fine. Finally, petitioner alleges that the post-conviction court erred by excluding from the evidentiary hearing an incomplete transcript of a sentencing hearing in an unrelated case regarding an officer involved in petitioner‟s case. After our review of the parties' briefs, the record, and the applicable law, we affirm the judgment of the post-conviction court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. David Lewis
The defendant, David Lewis, entered pleas of guilty to two counts of aggravated assault and one count of possession of a handgun while intoxicated. He was sentenced to concurrent sentences of four years at 30% for the first count of aggravated assault, three years and six months at 30% for the second count, and eleven months and twenty-nine days for possession of a handgun while intoxicated. The trial court denied his request for judicial diversion or a suspension of his sentences, and his sole issue on appeal is that the court erred in these determinations. Having carefully reviewed the record, we affirm the judgments of the trial court but remand for entry of a corrected judgment in Count 3 to reflect the defendant's conviction offense as possession of a handgun while intoxicated. |
Shelby | Court of Criminal Appeals |
