State of Tennessee v. Larry Lenz
Appellant, Larry Lenz, pleaded guilty to five counts of theft: two counts of theft of property valued at $10,000 or more but less than $60,000, Class C felonies; two counts of theft of property valued at $1,000 or more but less than $10,000, Class D felonies; and one count of theft of property valued at $500 or more but less than $1,000, a Class E felony. He received the agreed-upon effective sentence of twelve years as a Range III, persistent offender, to be served at forty-five percent release eligibility. The trial court denied appellant’s request for alternative sentencing pursuant to the Community Corrections Act, and he appeals the denial. Upon our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Dwight Miller v. State of Tennessee
Petitioner, Dwight Miller, was convicted of first degree murder in 2001 and was sentenced to life in prison. Following an unsuccessful direct appeal, he now challenges his conviction and sentence, claiming ineffective assistance of counsel for failure to call three potential alibi witnesses at trial. Upon our review, we affirm the judgment of the post-conviction court. |
Haywood | Court of Criminal Appeals | |
Mousen Aden v. Brenda Jones Warden
The petitioner, Mousen Aden, appeals the denial of his petition for the writ of habeas corpus. The habeas corpus court dismissed the petition without appointing counsel or holding a hearing after finding that the indictment was valid, the judgment was not facially void, and that the petitioner's sentence had not expired. On appeal, the petitioner contends that his indictment was invalid because it did not vest the trial court with jurisdiction to enter a proper judgment and failed to provide him with adequate protection from double jeopardy. Following our review, we affirm the judgment of the habeas corpus court. |
Lauderdale | Court of Criminal Appeals | |
Michael White v. Bruce Westbrooks, Warden
The Petitioner, Michael White, appeals the Davidson County Criminal Court’s dismissal of his petition for habeas corpus relief from his 2005 convictions for five counts of rape and his fifty-five-year sentence. The Petitioner contends that the habeas corpus court erred by summarily denying relief. He argues that his convictions are void because his constitutional right to a jury trial was violated by the trial court’s applying erroneous sentencing enhancement factors and that principles of double jeopardy were violated by the court’s merging his convictions. We affirm the judgment of the habeas corpus court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Stanley Bernard Gibson
The defendant, Stanley Bernard Gibson, was charged with the possession of but convicted of facilitation of possession of .5 grams or more of cocaine with intent to deliver within 1000 feet of a drug-free school zone and sentenced, as a Range II, multiple offender, to twelve years at 100%. On appeal, he argues that the evidence is insufficient to support the verdict and that the court erred in ordering that he serve his sentence at 100%. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Byron Becton v. State of Tennessee
The petitioner, Byron Becton, appeals the denial of post-conviction relief from his 2011 Shelby County Criminal Court jury convictions of aggravated rape, claiming that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Adam Wayne Robinson
The Defendant, Adam Wayne Robinson, was convicted by a jury of three counts of aggravated sexual battery. The Defendant raises three issues on appeal: prosecutorial misconduct during closing argument, sufficiency of the evidence to sustain the convictions, and cumulative error. During closing argument, the prosecutor improperly commented upon the Defendant’s right not to testify and engaged in a persistent pattern of other improper prosecutorial argument. Following a thorough review, we conclude that the prosecutor’s comments on the Defendant’s right not to testify constitute reversible non-structural constitutional error. Moreover, the record establishes that the prosecutor engaged in a persistent pattern of other improper prosecutorial argument, the cumulative effect of which constitutes plain error. We, therefore, reverse the judgments of the trial court and remand the case for a new trial. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Tyrone Leroy Watts
The Defendant, Tyrone L. Watts, appeals his conviction for attempted terrorism. He challenges the sufficiency of the evidence and the trial court’s failure to provide complete jury instructions defining what would constitute an “imminent threat of death or serious bodily injury.” Following our review, we conclude that the evidence is insufficient to support the Defendant’s conviction for attempted terrorism. Accordingly, we reverse the judgment of the trial court and remand for sentencing on the Defendant’s alternative conviction for disorderly conduct in count one. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Poncho Juan Delgado
The Defendant, Poncho Juan Delgado, appeals as of right his jury conviction for first degree premeditated murder. See Tenn. Code Ann. § 39-13-202. On appeal, the Defendant contends that the State failed to prove the element of premeditation. The State responds that ample evidence of premeditation was presented. Following our review, we conclude that the evidence was sufficient to establish premeditation, and we therefore affirm the judgment of the trial court. |
Washington | Court of Criminal Appeals | |
Martez D. Matthews v. State of Tennessee
The petitioner, Martez D. Matthews, was convicted of first degree murder and sentenced to life imprisonment. His conviction was affirmed following his direct appeal. State v. Deangelo M. Moody and Martez D. Matthews, No. M2011-01930-CCA-R3-CD, 2013 WL 1932718, at *1 (Tenn. Crim. App. May 9, 2013), perm. app. denied (Tenn. Oct. 17, 2013). Subsequently, he filed a petition for writ of error coram nobis. The basis for the petition was the claim by a co-defendant, who pled guilty to second degree murder for the killing which resulted in the petitioner’s conviction, that the petitioner was not involved in the crime. Following an evidentiary hearing at which the co-defendant testified that the petitioner did not kill the victim, the court concluded the witness was not truthful in his testimony. Accordingly, the court denied the petition. Following our review, we affirm the order denying the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Phillip K. Adams
Defendant, Phillip K. Adams, was indicted by the Williamson County Grand Jury for driving under the influence of an intoxicant (DUI), driving while his blood alcohol concentration was .08 percent or more (DUI per se), and DUI, second offense. Following a jury trial, Defendant was convicted of DUI second offense and sentenced to 11 months and 29 days, to be suspended after serving 60 days in confinement. On appeal, Defendant contends that: 1) the trial court erred by not allowing Defendant to present the expert testimony of his co-worker Travis Adams at trial; 2) the trial court erred by not allowing Defendant to testify as an expert witness at trial; and 3) the trial court deprived Defendant of his right to due process by preventing him from presenting a defense. Having reviewed the record before us and the briefs of the parties, we conclude that the trial court did not abuse its discretion. Accordingly, the judgment of the trial court is affirmed. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Lee Boles
The defendant, Kenneth Lee Boles, was convicted by a Bedford County jury of the introduction of a controlled substance into a penal institution and the possession of a controlled substance in a penal institution, both Class C felonies. After merging the counts into a single conviction, the trial court sentenced the defendant as a Range II, multiple offender to ten years in the Department of Correction. On appeal, the defendant argues that the trial court erred by not allowing him to present the testimony of his expert witness and by not instructing the jury on the defense of necessity. Following our review, we affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Bradley Cox
The Defendant-Appellant, Bradley Cox, was convicted by a Henderson County jury of one count of aggravated sexual battery and two counts of rape of a child. The trial court sentenced the Defendant to an effective sentence of 37 years' confinement, to be served at 100% as a violent offender. On appeal, the Defendant argues that (1) he is entitled to a new trial based upon the State's failure to timely disclose certain exculpatory evidence, and (2) the evidence is insufficient to sustain his convictions. Upon review, we affirm the judgments of the trial court. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Stanley Blue
A Shelby County jury convicted the Defendant, Stanley Blue, of facilitation of first degree premeditated murder, attempted second degree murder, and reckless endangerment. Following a grant of post conviction relief and a remand for resentencing, the trial court sentenced the Defendant to an effective term of forty-six years as a Range III, persistent offender. The Defendant challenged the length of his sentence on appeal, and this Court reversed the Defendant's sentences for attempted second degree murder and reckless endangerment. We remanded the case for a new sentencing hearing regarding these two convictions and affirmed all other judgments of the trial court. State v. Stanley Blue, No. W2013-00437-CCA-R3-CD, 2014 WL 1464177, at *9 (Tenn. Crim. App., at Jackson, April 14, 2014). On remand, the trial court conducted a sentencing hearing and imposed a total effective sentence of forty-four years. On appeal, the Defendant asserts that the trial court erred when it imposed consecutive sentences. After a thorough review of the record and applicable law, we affirm the trial court's judgments. |
Shelby | Court of Criminal Appeals | |
Karlos D. McMahon v. State of Tennessee
Karlos D. McMahon (“the Petitioner”) pleaded guilty to several counts of sale of cocaine in case numbers 17268 and 17478. Subsequent to entering his guilty pleas, the Petitioner filed a petition for post-conviction relief alleging ineffective assistance of counsel. After a hearing, the post-conviction court denied the petition. Upon a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Shannon Dixon
The defendant, Shannon Dixon, was convicted by a Marion County Circuit Court jury of aggravated assault, a Class C felony, and was sentenced to five years, suspended to probation after service of twelve months of incarceration. On appeal, the defendant argues that the trial court erred in: (1) denying his request for a special jury instruction that a pellet gun was not a deadly weapon per se for purposes of the aggravated assault statute, and (2) not applying as a mitigating factor at sentencing that he acted under strong provocation. After review, we affirm the judgment of the trial court. |
Marion | Court of Criminal Appeals | |
State of Tennessee v. Shelton Pope
The defendant, Shelton Pope, appeals his Shelby County Criminal Court jury conviction of theft of property valued at more than $500 but less than $1,000. On appeal, the defendant claims that the trial court erroneously denied his motion for a mistrial in response to the jury’s being exposed to improper influence and that the evidence is insufficient to support the conviction. Following our review, we affirm the judgment of the criminal court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Bland
The defendant, Michael Bland, was convicted by a Shelby County jury of first degree premeditated murder and sentenced to life imprisonment. On appeal, he challenges the sufficiency of the evidence and argues that the trial court erred by not giving his requested accomplice instruction to the jury, by instructing the jury on the law of criminal responsibility, and by overruling his objection to the opinion testimony of a police officer regarding his honesty. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Adam Todd Tucker
The Defendant, Adam Todd Tucker, appeals the Lawrence County Circuit Court’s order revoking his probation for his convictions for two counts of theft of property valued at $1000 or more but less than $10,000, theft of property valued at more than $500 but less than $1000, and promotion of methamphetamine manufacture and ordering his effective eight-year sentence into execution. The Defendant contends that the trial court abused its discretion by revoking his probation. We affirm the judgment of the trial court. |
Lawrence | Court of Criminal Appeals | |
Andrew Mann v. State of Tennessee
The Petitioner, Andrew Mann, appeals as of right from the Knox County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner contends that he received ineffective assistance from his trial counsel due to trial counsel’s advice that he testify in his own defense. Discerning no error, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Malik Hardin
The defendant, Malik Hardin, pleaded guilty to possession with intent to sell less than 0.5 grams of cocaine in a drug free school zone, possession of a firearm during the commission of a dangerous felony, simple possession of a controlled substance, and criminal trespass. He received a total effective sentence of fifteen years to be served at 100 percent. As part of his guilty plea, the Defendant sought to reserve two certified questions of law: (1) whether the defendant's arrest for the offense of criminal trespass was “objectively reasonable” under the Fourth and Fourteenth Amendments to the United States Constitution and article I, section 7 of the Tennessee Constitution in light of the “cite and release” rule codified at Tennessee Code Annotated section 40-7-118(b)(1); and (2) whether the seizure of the Defendant's automobile was based upon reasonable suspicion that the automobile was or contained evidence or fruits of criminal activity, and whether there was “reasonable cause” to believe that impoundment was “reasonably necessary” under the circumstances. Following our review, we conclude that the defendant's custodial arrest for criminal trespass was not in contravention of Tennessee Code Annotated section 40-7-118 and that the trial court did not err in failing to suppress evidence seized subsequent to the defendant's arrest. The judgments of the trial court are, therefore, affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Randy Wayne Johnson
Defendant, Randy Wayne Johnson, challenges the sufficiency of the evidence supporting his conviction for especially aggravated kidnapping. He argues that the kidnapping was merely incidental to the accompanying assault, of which he was also convicted. Because Defendant's conduct in committing the kidnapping constituted a separate and independent offense, there is sufficient evidence to support his conviction, and Defendant is not entitled to relief. |
Carter | Court of Criminal Appeals | |
State of Tennessee v. Malik Hardin - dissenting opinion
I respectfully disagree with the majority’s conclusion that the Defendant’s custodial arrest for criminal trespass was proper. The Defendant was arrested for criminal trespass based on the exception to the cite and release statute that allows for a custodial arrest for a misdemeanor when “[t]here is a reasonable likelihood that the offense would continue or resume . . . .” See Tenn. Code Ann. 40-7-118(c)(2). Because I do not believe that exception was properly applied in this case, I have concluded that the Defendant was subjected to a custodial arrest in violation of Tennessee Code Annotated 40-7-118(b)(1). Accordingly, I would not reach the Defendant’s second issue challenging the legality of the search of his vehicle following his arrest. |
Knox | Court of Criminal Appeals | |
Joshua Faulkner v. State of Tennessee
The Petitioner, Joshua Faulkner, pursuant to a plea agreement, pleaded guilty to aggravated burglary, employing a firearm during the commission of a dangerous felony, and aggravated assault, with a total effective sentence of ten years of incarceration. Thereafter, the Petitioner filed, pro se, a petition for post-conviction relief. Counsel was appointed and, after a hearing, the post-conviction court denied the petition. On appeal, the Petitioner maintains that Counsel was ineffective because he coerced the Petitioner into entering a guilty plea. After a thorough review of the record and relevant law, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Adam Dansby Frazier
The defendant, Adam Dansby Frazier, appeals his Hickman County Circuit Court jury convictions of attempted second degree murder, possession of contraband in a penal institution, aggravated assault, and facilitation of felony reckless endangerment, claiming that the evidence was insufficient to support his conviction of attempted second degree murder and that the trial court erred by impermissibly commenting upon the evidence at trial. Discerning no error, we affirm. |
Hickman | Court of Criminal Appeals |
