Dale Wayne Wilbanks v. State of Tennessee
The Petitioner, Dale Wayne Wilbanks, entered a best interest plea with an agreed upon sentence of twenty years for second degree murder and a concurrent twenty-five years for attempted first degree murder. The Petitioner filed a motion to withdraw his guilty plea and a petition seeking post-conviction relief. After a hearing, the post-conviction court denied the Petitioner relief. The Petitioner now appeals, maintaining that his guilty plea was involuntary and that he received the ineffective assistance of counsel. We affirm the postconviction court’s judgments. |
Hawkins | Court of Criminal Appeals | |
State of Tennessee v. Elke Babette Paster
The Defendant, Elke Babette Paster, was charged with multiple Tennessee Code Annotated traffic offenses. These charges were initially set for adjudication in Somerville City Court but were later transferred to Fayette County General Sessions Court, where that court found the Defendant guilty of speeding. Upon her appeal to the Fayette County Circuit Court from the General Sessions Court’s judgment, the Circuit Court granted the Defendant’s motion to dismiss, declaring the General Sessions Court order void and reinstating the City Court’s adjudication of her charges. She now appeals challenging the jurisdiction of the City Court, the authority of that court to transfer the case to the General Sessions Court, and the Circuit Court’s reinstatement of the City Court’s adjudication. Following our review, we reverse the order of the Circuit Court dismissing the case and remand to that court for further proceedings consistent with this opinion. |
Fayette | Court of Criminal Appeals | |
State of Tennessee v. William Jernigan
Defendant, William Jernigan, entered into a negotiated plea agreement and pled guilty as charged in a two-count criminal information to the Class D felony offense of possession with intent to sell Alprazolam and to the Class E felony offense of possession with intent to sell one-half ounce or more of marijuana. The agreed sentences were thirty months for the Class D felony and two years for the Class E felony, to be served concurrently. Reserved for determination by the trial court was what amount, if any, of the effective sentence of thirty months would be served on probation. At the sentencing hearing, Defendant sought full probation. The State requested that Defendant be incarcerated “at least for a time” because Defendant was “not worthy of complete probation.” From the bench at the conclusion of the sentencing hearing the trial court ordered the sentence to be served by split confinement as follows: sixty days’ incarceration in the Shelby County workhouse followed by thirty months’ probation. Defendant appeals, arguing that the trial court should have granted full probation. We affirm the judgments of conviction and sentence of the trial court but reverse the trial court’s order of stay of incarceration which was filed after the notice of appeal conferred jurisdiction with this Court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Don Arturo Hyler
The defendant, Don Arturo Hyler, was convicted of the sale of 26 grams or more of cocaine and possession of 300 grams or more of cocaine with intent to sell in a drug-free school zone and received a total effective sentence of fifteen years at 100%. On appeal, he argues that the evidence is insufficient to support his convictions; that the court should have instructed the jury as to the lesser-included offense of facilitation; that the State made an improper reference in the opening statement regarding prior bad acts of the defendant; and for failing to grant a severance of charges for trial. Following our review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
David Lee Leggs v. State of Tennessee
Petitioner, David Lee Leggs, appeals the denial of his petition for post-conviction relief. He claims that he received ineffective assistance of counsel during trial and on appeal. After thorough review, we affirm the decision of the post-conviction court.
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Davidson | Court of Criminal Appeals | |
State of Tennessee v. Nicholas Kieth Phillips
A Rutherford County Circuit Court Jury convicted the appellant, Nicholas Keith Phillips, of two counts of rape of a child, a Class A felony, and two counts of aggravated sexual battery, a Class B felony. After a sentencing hearing, he received an effective forty-year sentence to be served at 100%. On appeal, the appellant contends that the evidence is insufficient to support the convictions and that his dual convictions for the offenses violate principles of double jeopardy. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the appellant’s convictions of aggravated sexual battery but conclude that his dual convictions of rape of a child violate double jeopardy principles and must be merged. Moreover, because the trial court improperly sentenced the appellant, the case is remanded to the trial court for resentencing. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Benjamin Lepard aka Benjamine Lepard
Defendant, Benjamin Lepard, a/k/a Benjamine Lepard, appeals from the trial court’s order revoking his probation as to all four convictions he received in 2010 as a result of negotiated guilty pleas entered on July 27, 2010. He received sentences of three years in each of three of the convictions and a sentence of eight years in the fourth conviction. The three-year sentences were ordered to be served concurrently with each other but consecutively to the eight-year sentence, for an effective sentence of eleven years. The order of probation reflects that Defendant would stay in custody for an additional eight months and be released to probation “for a period of 11 years.” Defendant was also ordered to “go to inpatient rehab on release” on March 25, 2011. A violation of probation warrant was filed on November 15, 2013. After a hearing, the trial court revoked probation on all convictions and ordered Defendant to serve the entire effective sentence of eleven years by incarceration. After a thorough review of the appellate record and the arguments of the parties, we affirm the trial court’s judgment insofar as it rules that Defendant violated a condition of probation and that the suspended sentence should be revoked. However, under the particular circumstances of this case, we reverse the trial court’s judgment insofar as it ordered the entire effective sentence of eleven years to be served. Under rather peculiar and disturbing circumstances, the judgments were altered without the trial court’s direction, and we are unable to conclude whether the effective three-year sentence was to be served prior to the eight-year sentence. Accordingly, we remand for the trial court to enter amended judgments setting forth the details of the manner of service of the effective eleven-year sentence, specifically whether the three-year sentence was to be served prior to the eight-year sentence. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marquez Williams
Following a jury trial, the Defendant, Marquez Williams, was convicted of aggravated robbery and sentenced to 11 years in the Department of Correction. In this direct appeal, the Defendant challenges the sufficiency of the evidence as it relates to his identification as the perpetrator of the offense. The Defendant also challenges the length of his sentence. Following a thorough review of the record and applicable authority, we affirm the judgment of trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Richard Alan Hatchel
Defendant, Richard Alan Hatchel, was indicted by the Tipton County Grand Jury for first degree premeditated murder and felony reckless endangerment under T.C.A. § 39-13- 103(b)(3). Defendant was convicted as charged by a jury. Following a sentencing hearing, the trial court sentenced Defendant to life imprisonment for his first degree murder conviction and three years for his reckless endangerment conviction, with the sentences to be served concurrently. In this appeal as of right, Defendant asserts and the State concedes that the evidence is insufficient to support Defendant’s conviction for reckless endangerment because the proof at trial showed that Defendant was inside the house, and an element of the offense for which Defendant was charged is that he discharged a firearm from outside of the house. Defendant also asserts that the evidence was insufficient to sustain his conviction for first degree premeditated murder. After a careful review of the record before us, we conclude that the evidence was sufficient to support Defendant’s conviction for first degree premeditated murder, but the evidence was insufficient to support Defendant’s conviction for felony reckless endangerment as charged. Accordingly, the judgment of conviction for first degree murder is affirmed. The judgment of conviction for felony reckless endangerment is reversed and the charge of felony reckless endangerment is dismissed with prejudice. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Michael Baker aka Michael Simmons
Michael Baker a/k/a Michael Simmons (“the Defendant”) was charged with first degree murder in the attempt to commit robbery, criminal attempt: especially aggravated robbery, and criminal attempt: aggravated robbery. The jury convicted the Defendant as charged, and the trial court sentenced him to life plus ten years. On appeal, the Defendant argues the evidence was insufficient to support his convictions. After a review of the record and applicable law, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Larry Futrell and Terrell Smith
Following a jury trial, the Defendants, Larry Futrell and Terrell Smith, were convicted of aggravated robbery. On appeal, the Defendants contend that the evidence presented at trial was insufficient to support their convictions. Mr. Smith also contends that the trial court erred in sentencing him to 26 years in the Department of Correction. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Nico Farmer
The defendant, Nico Farmer, was convicted by a Shelby County Criminal Court jury of felony murder and attempted aggravated assault, a Class D felony, and was sentenced to consecutive terms of life and eight years. He raises four issues on appeal: (1) whether the evidence is sufficient to sustain his convictions; (2) whether the trial court erred in ruling that his prior aggravated robbery convictions could be used to impeach his testimony; (3) whether the trial court erred by not charging the jury on self-defense; and (4) whether the trial court imposed an excessive sentence by enhancing his sentence for attempted aggravated assault and ordering that the sentences be served consecutively. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Tianna M. Amyx
The defendant, Tianna M. Amyx, pled guilty to aggravated burglary, a Class C felony, and theft over $500, a Class E felony, and was sentenced as a Range I, standard offender to concurrent terms of four years and two years, respectively, with the manner of service to be determined by the trial court. On appeal, she argues that the trial court erred in denying alternative sentencing. After review, we affirm the sentencing decision of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. James Henry Allen
Defendant, James Henry Allen, was indicted by the Washington County Grand Jury for premeditated first degree murder, unlawful possession of a deadly weapon with the intent to employ it in the commission of a first degree murder, and a violation of an order of protection in connection with the murder of his ex-wife’s cohabiting boyfriend. During trial, the trial court dismissed the charge related to a violation of an order of protection. Defendant was convicted by a jury of first degree murder and unlawful possession of a deadly weapon with the intent to employ it in the commission of a first degree murder. As a result, he was sentenced to an effective life sentence with the possibility of parole. He appeals, challenging the admission into evidence of his statement to the police, the 911 tape, and the damaged trailer door, as well as the sufficiency of the evidence. After a thorough review of the record and applicable authorities, we determine: (1) the trial court properly admitted Defendant’s statement into evidence where there was no requirement that it be recorded; (2) the trial court properly admitted the 911 tape into evidence as an excited utterance and to rebut Defendant’s assertion that shots were fired from inside the trailer; (3) the trial court properly admitted the trailer door into evidence where there was ample secondary evidence to support the conclusion that the shots were fired from outside the trailer; and (4) the evidence was sufficient to support the conviction for first degree murder. As a result, the judgments of the trial court are affirmed. |
Washington | Court of Criminal Appeals | |
State of Tennessee v. Michael J. Inman
The defendant, Michael Jerome Inman a/k/a Michael Jerome Bivens, entered guilty pleas to six offenses: five counts of theft, which were three Class D felonies, a Class E felony, and a Class A misdemeanor, as well as one count of criminal impersonation, a Class B misdemeanor. He eceived an effective fourteen-year sentence to be served on community corrections. A warrant was issued for violation of the terms of his community corrections sentence. After a hearing, the trial court found that the defendant had violated the terms of his community corrections sentence and ordered him to serve his sentence in the penitentiary. The defendant now appeals, arguing that the trial court abused its discretion in ordering the defendant to serve his sentence in confinement; and, whether the defendant had a right to be present in court when his letter to the clerk requesting jail credit was discussed. After a thorough review of the record, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Patrick Leighton Ryan, Jr.
The defendant, Patrick Leighton Ryan, Jr., was convicted of misdemeanor theft under $500 and sentenced to eleven months and twenty-nine days of supervised probation, with credit for time served. On appeal, he argues that the trial court erred both by not requiring the State to make an election of offenses or giving a special jury instruction as to unanimity, in excluding a police property inventory from 2005, and in not taking judicial notice of the Grand Junction Police Manual and that the evidence is insufficient to sustain his conviction. Following our review, we affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Artterraces Buchanan
The Defendant-Appellant, Artterraces Buchanan, pleaded guilty to one count of reckless aggravated assault, a Class D felony. See T.C.A. § 39-13-102. The trial court denied the Defendant’s request for judicial diversion and imposed a two-year sentence involving split confinement. On appeal, the Defendant contends that the trial court erred in denying his application for judicial diversion. Upon our review of the record, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Carmel Borum aka Carnel Borum
The defendant, Carmel Borum, also known as Carnel Borum, appeals his Shelby County Criminal Court jury convictions of two felonies – theft and evading arrest. He received an effective sentence of 18 years as a persistent offender. On appeal, he claims that the trial court erroneously admitted testimony about the value of the property in question and that the evidence was insufficient to support the convictions. Based upon our review of the record, the briefs, and the applicable law, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Kenneth Eugene Black v. State of Tennessee
The petitioner, Kenneth Eugene Black, appeals the denial of his petition for post-conviction relief. He pled guilty to two counts of sale of a schedule I controlled substance within a school zone, Class B felonies. As part of the agreement, he received concurrent eight-year Range I sentences to be served at 100%, which is the drug-free school zone release eligibility. The petitioner now contends that he is entitled to post-conviction relief because his guilty plea was not entered knowingly and voluntarily because he was denied his right to the effective assistance of counsel. Specifically, he contends that trial counsel was ineffective by failing to provide the petitioner with all discovery materials prior to his accepting the plea. Following review of the record and applicable law, we affirm the denial of post-conviction relief. |
Knox | Court of Criminal Appeals | |
Gregory D. Valentine v. State of Tennessee
The Petitioner, Gregory D. Valentine, appeals the Sumner County Criminal Court’s summary dismissal of his pro se petition for post-conviction relief as waived or previously determined. The State responds that the post-conviction court properly dismissed the Petitioner’s claims without a hearing. Upon review, we reverse and remand for further proceedings with regard to the Petitioner’s ineffective assistance of counsel claim. |
Sumner | Court of Criminal Appeals | |
Monroe Dodson, Jr. v. State of Tennessee
Petitioner, Monroe Dodson, Jr., pled guilty to one count of aggravated rape, two counts of especially aggravated kidnapping, two counts of aggravated robbery, one count of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony. After a sentencing hearing, Petitioner received an effective sentence of eighty-two years. He now appeals the denial of his petition for post-conviction relief, alleging that his guilty plea was the result of ineffective assistance of counsel at trial. After a thorough review of the record, we affirm the post-conviction court’s finding that Petitioner has failed to prove his ineffectiveness claim. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Andrew Joseph Aborizk
A Davidson County Grand Jury returned an indictment against Defendant, Andrew Joseph Aborizk, charging him with theft of property valued at more than $1,000 but less than $10,000. Following a jury trial , Defendant was convicted of theft of property valued at more than $500 but less than $1,000. The trial court imposed a sentence of two years as a Range One standard offender to be served on supervised probation. On appeal, Defendant argues that the evidence was insufficient to support his theft conviction because the State failed to prove identity of the perpetrator beyond a reasonable doubt. After a thorough review of the record, we affirm Defendant’s conviction for theft of property valued at more than $500 but less than $1,000. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Alexa Williams aka Elizabeth Williams EL
The defendant, Alexa Williams, also known as Elizabeth Williams El, timely appeals pro se her Carroll County Circuit Court jury convictions of one count each of driving a motor vehicle while the privilege to drive was suspended, driving an unregistered automobile, and operating a motor vehicle without evidence of financial responsibility. The defendant claims on appeal (1) that “the trial court erred by issuing an in personam judgment without personal jurisdiction over the blood and flesh woman” and (2) that “the trial court erred in procuring a trial without evidence of a motor vehicle or traffic on the highway.” Upon our review of the record and the briefs in this case, we affirm the judgments of the trial court. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Roger Wayne Henry, Jr.
The Defendant, Roger Wayne Henry, Jr., was found guilty by a Davidson County Criminal Court jury of aggravated sexual battery, a Class B felony. See T.C.A. § 39-13-504 (2014). The trial court sentenced the Defendant to nine years and six months at 100% service. On appeal, he contends that (1) the evidence is insufficient to support his conviction, (2) the trial court erred by restricting his cross-examination, (3) the trial court erred by allowing the State to elicit inadmissible hearsay testimony, (4) the trial court erred by failing to order the State to play all of the Defendant’s recorded statements to the police, (5) the trial court erred by failing to grant trial counsel’s motion to withdraw, (6) the trial court erred by denying his requests to continue the trial and for funds for an expert, and (7) the trial court erred by failing to compel the State to produce the police file relative to the victim’s acting as a confidential informant. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Antonio D. Alexander v. State of Tennessee
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Rutherford | Court of Criminal Appeals |
