Landreo Lurry v. State of Tennessee
The pro se petitioner, Landreo Lurry, appeals the order of the trial court dismissing his petition for writ of habeas corpus on the grounds that his petition failed to state a claim for habeas relief. The petitioner argues that he is entitled to habeas corpus, error coram nobis, and post-conviction relief because his Tennessee burglary convictions, which were used to enhance his federal firearms sentence, occurred following the improper transfer of his case from juvenile to criminal court without a transfer hearing or the representation of counsel. Following our review, we affirm the judgment of the trial court dismissing the petition. |
Shelby | Court of Criminal Appeals | |
Deangelo Sevier v. State of Tennessee
The petitioner, Deangelo Sevier, appeals the post-conviction court’s denial of his petition for post-conviction relief, arguing he received ineffective assistance of counsel. After review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
Derrick Taylor v. State of Tennessee
The petitioner, Derrick Taylor, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that his guilty pleas were knowing and voluntary. Following our review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Daniel Vallejo, Jr.
The appellant, Daniel Vallejo, Jr., was convicted in the Williamson County Circuit Court of aggravated burglary, a Class C felony; theft of property valued more than $1,000 but less than $10,000, a Class D felony; and two counts of automobile burglary, a Class E felony. After a sentencing hearing, he received an effective nine-year sentence. On appeal, the appellant contends that the evidence is insufficient to support the aggravated burglary conviction; that his statements to police were inadmissible because they were tainted by an illegal search; that his jailhouse statements to his wife were inadmissible because they were protected by marital privilege; and that evidence deemed inadmissible at trial also was inadmissible at sentencing. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Danny J. C. King
This matter is before the Court upon the State’s motion to affirm the judgments of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. Appellant, Danny J. C. King, has appealed the Marshall County Circuit Court order denying Appellant’s request for alternative sentencing. Upon a review of the record in this case, we are persuaded that the trial court did not err in denying alternative sentencing. The State’s request meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the State’s motion is granted, and the judgments of the trial court are affirmed. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Brandon Croasmun
The defendant, Brandon Croasmun, appeals from the Cannon County Circuit Court’s denial of his motion for a suspended sentence. Because the trial court’s denial was based on its erroneous belief that it lacked jurisdiction to decide the motion, as conceded by the State, we reverse the decision of the trial court and remand for a hearing. |
Cannon | Court of Criminal Appeals | |
State of Tennessee v. Billy Dean Sizemore
A Lewis County Circuit Court Jury convicted the appellant, Billy Dean Sizemore, of delivery of a Schedule II controlled substance, a Class C felony, and the trial court sentenced him as a Range III, persistent offender to fourteen years in confinement. On appeal, the appellant contends that the evidence is insufficient to support the conviction; that the trial court erred by allowing evidence of a prior bad act in violation of Rule 404(a), Tennessee Rules of Evidence; that the trial court’s failure to give the jury a limiting instruction regarding the prior bad act constitutes reversible error; and that the trial court improperly relied on the presentence report showing prior convictions in Florida rather than requiring the State to produce certified copies of the judgments of conviction. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court. |
Lewis | Court of Criminal Appeals | |
State of Tennessee v. Emonnie Dion Branch, Jr.
The appellant, Emonnie Dion Branch, Jr., pled guilty in the Sumner County Criminal Court to twenty-three offenses resulting from two home invasions, two convenience store robberies, and an assault of a fellow inmate. The trial court imposed a total effective sentence of one hundred and thirty years. On appeal, the appellant challenges the length of the sentences imposed by the trial court. Upon review, we affirm the judgments of the trial court. |
Sumner | Court of Criminal Appeals | |
Cyntoia Denise Brown v. State of Tennessee
The Petitioner, Cyntoia Denise Brown, appeals the Davidson County Criminal Court’s denial of her petition for post-conviction relief from her convictions of first degree premeditated murder, first degree felony murder, and especially aggravated robbery and resulting concurrent sentences of life and eight years. On appeal, the Petitioner contends that she received the ineffective assistance of counsel, that she is “entitled to relief under error coram nobis,” that her mandatory life sentence is unconstitutional, and that she was denied due process. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Roy Anthony Haley
The defendant, Roy Anthony Haley, appeals his Bedford County Circuit Court jury conviction of theft of property valued at $10,000 or more but less than $60,000, contending that the sentence imposed by the trial court was excessive. We affirm the conviction and sentence but remand for correction of a clerical error in the judgment. |
Bedford | Court of Criminal Appeals | |
Doris Williams v. State of Tennessee
Petitioner, Doris Williams, pleaded guilty to second degree murder and received an out-of-range sentence of thirty-five years to be served at 100%. In her post-conviction petition, she claimed that she received ineffective assistance of counsel and that her guilty plea was not knowing and voluntary. The post-conviction court denied relief. On appeal, petitioner argues that she was heavily medicated during trial counsel’s representation of her and during her plea hearing, that trial counsel did not advise her in a manner she could comprehend due to said medication, and that she entered her guilty plea without a full understanding of the consequences. Following our review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Anthony Todd Ghormley
In an opinion filed on January 20, 2012, this court determined that the trial court erred by failing to hold a competency hearing and remanded the case to the trial court to conduct a retrospective competency hearing. See State v. Anthony Todd Ghormley, No. E2010-00634-CCA-R3-CD (Tenn. Crim. App., Knoxville, Jan. 20, 2012) (Ghormley I). Following the hearing on remand, the trial court concluded that the defendant was competent to stand trial. The defendant now appeals that decision. Discerning no error, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
Ronnie Lee Johnson v. State of Tennessee
The Appellant, Ronnie Lee Johnson, appeals the trial court’s summary denial of his petition for a writ of error coram nobis. The judgment of the trial court is affirmed. |
Putnam | Court of Criminal Appeals | |
Ivan Charles Graves v. State of Tennessee
Petitioner, Ivan Charles Graves, appeals from the post-conviction court’s denial of his petition for post-conviction relief, claiming that he received the ineffective assistance of counsel at trial. Petitioner was convicted by a Knox County jury of first degree premeditated murder and felony murder in the perpetration of a kidnapping. The trial court merged Petitioner’s convictions and sentenced Petitioner to life in prison. Following an evidentiary hearing, the post-conviction court denied relief. After a careful review of the record, we conclude that Petitioner has failed to establish that he is entitled to post-conviction relief. Accordingly, the judgment of the post-conviction court is affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Laquita Monique Hogan
This direct appeal presents a certified question of law pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure. After the trial court denied her motion to suppress, Defendant, Laquite Monique Hogan, entered a guilty plea in the Maury County Circuit Court to facilitation of possession of a schedule II drug for sale and was sentenced to three years to be suspended and served on probation. Defendant properly reserved the following certified question of law: “whether there was a sufficient nexus that continued to persist at the time the search warrant was executed due to the fact that the location of the alleged sales was away from the residence and the affidavit does not include facts that Jason Coleman was seen coming and returning to his home from the sale which was to have occurred 96 hours ago; whether the alleged facts that Mr. Coleman was monitored leaving from his home and returning within 30 days of the execution of the warrant was stale information and whether the record supports the finding that both prongs of Aguil[]ar-Spinelli have been satisfied.” After a thorough review of the record and applicable authorities, we conclude that Defendant is not entitled to relief in this appeal. Accordingly, we affirm the trial court’s order denying Defendant’s motion to suppress, and we affirm Defendant’s judgment of conviction. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Michael Kizer
Michael Kizer (“the Defendant”) was convicted by a jury of two counts of aggravated robbery and one count of attempted aggravated robbery. Following a sentencing hearing, the Defendant received a total effective sentence of forty-five years’ incarceration. In this direct appeal, the Defendant contends that the trial court improperly severed his case from that of his co-defendant and that the trial court erred in allowing the State to reopen its proof in order to introduce the testimony of his co-defendant. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Carl Miller Jr.
A Shelby County grand jury indicted Defendant, Carl Miller, Jr., for aggravated sexual battery, sexual battery by an authority figure, and rape. Defendant was tried before a jury. Over the objection of Defendant, the trial judge declared a mistrial based on manifest necessity. Thereafter, Defendant moved to dismiss the indictment based on double jeopardy. The trial court denied the motion. Defendant entered a plea of guilty to rape, reserving a certified question related to the trial court’s denial of the motion. Following our review of the record and the applicable law, we affirm the trial court’s denial of the motion to dismiss the indictment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ernest H. Pyle
Defendant, Ernest H. Pyle, was charged by presentment with two counts of especially aggravated kidnapping, two counts of aggravated kidnapping, and one count of resisting arrest. The trial court dismissed at the request of the State the two counts of aggravated kidnapping. A petit jury convicted Defendant of the remaining counts. The trial court properly merged Defendant’s two counts of especially aggravated kidnapping and sentenced Defendant to 25 years’ incarceration. In this appeal as of right, Defendant contends that the evidence was insufficient to support his conviction, and that trial court erred by not granting a mistrial after allowing evidence of a prior bad act. Having carefully reviewed the record before us and the briefs of the parties, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
Kevin Womack v. State of Tennessee
On July 26, 2012, this court affirmed judgments regarding the petitioner, Kevin Womack, for possession of cocaine with intent to sell, possession of cocaine with intent to deliver, possession of a firearm with intent to employ in the commission of a dangerous felony, possession of drug paraphernalia, theft of property over $500, and tampering with evidence, reducing the theft conviction from a Class E felony to a Class A misdemeanor. State v. Kevin Womack, No. W2011-01827-CCA-R3-CD, 2012 WL 3055773, at *1 (Tenn. Crim. App. July 26, 2012). No application for permission to appeal was filed. On August 8, 2013, he filed a pro se petition for post-conviction relief, asserting that he did not file a Rule 11 application because his trial counsel had filed a motion to withdraw, “informing the petitioner his application [for permission to appeal] must [be] filed by September 24, 2012.” He argued that his post-conviction petition was timely because it was filed within one year of this date. The State responded that the petition was untimely, and the post-conviction court agreed, dismissing the petition for this reason. On October 15, 2013, the petitioner filed his notice of appeal regarding that dismissal. Following our review, we affirm the judgment of the post-conviction court’s dismissal of the petition. |
Madison | Court of Criminal Appeals | |
Lance Thomas Sandifer v. State of Tennessee
Petitioner, Lance Thomas Sandifer, was convicted of aggravated robbery, aggravated burglary, especially aggravated kidnapping, and aggravated rape. He was sentenced to an effective sentence of one-hundred and eight years in confinement. Petitioner appealed his convictions and sentence, and this court affirmed the judgments of the trial court. State v. Lance Sandifer, et al., No. M2008-02849-CCA-R3-CD (Tenn. Crim. App., Dec. 21, 2010) perm. app. denied (Tenn., May 26, 2011). A detailed summary of the facts underlying Petitioner’s convictions can be found in that opinion. Petitioner now appeals the trial court’s denial of his petition for post-conviction relief, in which he alleged that his trial counsel was ineffective. Having reviewed the record before us, we affirm the judgment of trial court. |
Davidson | Court of Criminal Appeals | |
Conley R. Fair v. State of Tennessee
The Petitioner, Conley R. Fair, appeals the Unicoi County Criminal Court’s denial of his petition for post-conviction relief from his 1997 convictions for first degree murder and attempted first degree murder and his life-plus-thirty-five-years sentence. The Petitioner contends that the post-conviction court erred by (1) denying him relief because he received the ineffective assistance of counsel and (2) failing to make findings of fact and conclusions of law regarding his claim that he was denied his right to confront witnesses. We affirm the judgment of the post-conviction court. |
Unicoi | Court of Criminal Appeals | |
Reginald Maurice Adkins v. State of Tennessee
The Petitioner, Reginald Maurice Adkins, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2010 convictions for first degree murder and attempted especially aggravated robbery and his life-plus-twelve-years 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 | |
State of Tennessee v. Dandarius Woods
Defendant, Dandarius Woods, was charged with one count of aggravated rape and one count of rape. He filed a motion to suppress a statement that he made to police, alleging that his statements were coerced by implied promises of leniency. After a hearing, the trial court granted the motion, finding that Defendant’s statements were not voluntary. The State sought an interlocutory appeal. Upon thorough review of the record, we find that the detective did not imply that Defendant would be released or that Defendant would receive treatment in lieu of a jail sentence if he confessed to rape. Therefore, we reverse the decision of the trial court and remand the case for further proceedings. |
Davidson | Court of Criminal Appeals | |
William L. Green v. State of Tennessee
The Petitioner, William L. Green, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2010 conviction for second degree murder and his twenty-three-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 | |
Terry D. Sanders v. State of Tennessee
The Petitioner, Terry D. Sanders, appeals the Houston County Circuit Court’s denial of his petition for post-conviction relief from his convictions for two counts of the sale of less than 0.5 gram of cocaine and his effective thirty-year sentence. The Petitioner contends that the trial court erred in denying a mistrial when the State’s confidential informant testified that the Petitioner was on community corrections, that he received the ineffective assistance of counsel, and that he was denied a fair trial due to cumulative errors in the conviction proceedings. We affirm the judgment of the post-conviction court. |
Houston | Court of Criminal Appeals |
