Andre Kimbrough v. State of Tennessee
The petitioner, Andre Kimbrough, was convicted of second degree murder, a Class A felony. He now appeals the denial of his petition for post-conviction relief. On appeal, he argues that the statute of limitations for filing a petition for post-conviction relief should be tolled because trial counsel did not give the petitioner adequate notice that his direct appeal was denied or notice that trial counsel did not apply for permission to appeal to the Tennessee Supreme Court. After reviewing the record, we affirm the denial of post-conviction relief. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Kevin Harding
The defendant, Kevin Harding, was convicted of one count of facilitation of possession of marijuana, a Schedule VI drug, with the intent to sell, a Class A misdemeanor, one count of possession of cocaine with intent to sell, a Class B felony, one count of possession of drug paraphernalia, a Class A misdemeanor, and one count of possession of a firearm during the commission of a dangerous felony, a Class D felony. The trial court sentenced the defendant to a four-year sentence for facilitation of possession of marijuana with the intent to sell, a seventeen-year sentence for possession of cocaine for resale, a sentence of 11 months and 29 days for possession of drug paraphernalia, and an eight-year sentence for possession of a firearm during the commission of a dangerous felony. The court ordered the possession of cocaine for resale and possession of drug paraphernalia sentences to be served concurrently, and the sentence for possession of a firearm during the commission of a dangerous felony to run consecutively to the sentence for possession of cocaine for resale, for an effective sentence of twenty-five years. On appeal, the defendant argues that the trial court erred when it failed to define the charge of simple possession of cocaine for the jury; that the trial court committed plain error in sentencing the defendant to serve four years for facilitation of possession of marijuana with the intent to sell; and that the trial court committed plain error in failing to require the State to elect the felony to serve as the underlying felony for possession of a firearm and failing to define “dangerous felony” for the jury. After reviewing the record, we affirm the judgment of the trial court for possession with the intent to sell cocaine, reverse the judgment for facilitation because the sentence was outside the appropriate class range, and reverse the judgment for possession of a firearm during the commission of a dangerous felony. The case is remanded for resentencing on the facilitation conviction and for a new trial on the possession of a firearm charge. |
Giles | Court of Criminal Appeals | |
Michael Martez Rhodes v. State of Tennessee
The petitioner, Michael Martez Rhodes, appeals the denial of his petition for post-conviction relief. In a best interest plea agreement, the petitioner pled guilty to two counts of attempted aggravated sexual battery, Class C felonies, and received two four-year sentences. The trial court subsequently ordered that the sentences be served consecutively in the Department of Correction. On appeal, the petitioner contends that his guilty plea was not knowingly and voluntarily entered due to the ineffectiveness of trial counsel. Specifically, he contends that trial counsel was ineffective because he “pushed” the petitioner to accept the guilty plea even though the petitioner maintained that he did not commit the acts for sexual gratification, an element of the offense. Following review of the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
James Richard Blue, Jr. v. State of Tennessee
The petitioner, James Richard Blue, Jr., appeals the denial of his petition for post-conviction relief. The petitioner pled guilty to sale of a Schedule II controlled substance over .5 grams and received an agreed-to sentence of twenty years in confinement as a Range III persistent offender. On appeal, he contends that his guilty plea was not entered knowingly and voluntarily due to the ineffective assistance of counsel. Specifically, he contends that trial counsel was ineffective for allowing him to plead as a Range III offender when, because of a failure to enter corrected judgments following a remand, he was in fact only a Range II offender. Following review of the record, we affirm the denial of post-conviction relief. |
Davidson | Court of Criminal Appeals | |
Darius Jones v. State of Tennessee
Petitioner, Darius Jones, appeals from the trial court’s judgment which denied postconviction relief following an evidentiary hearing. Petitioner argues on appeal that his trial counsel rendered ineffective assistance of counsel but only argues one factual allegation of ineffective assistance. Petitioner asserts that he is entitled to post-conviction relief because trial counsel failed to include in his motion for new trial the ground that the trial court erroneously denied the motion to suppress Petitioner’s statement to police. After a thorough review of the record and the briefs of the parties, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Wendell Todd Duberry
Appellant, Wendell Todd Duberry, was convicted of theft of property valued at $1,000 or more but less than $10,000 and criminal trespassing. The trial court sentenced him as a multiple offender to eight years for the theft conviction and to thirty days for the criminal trespassing conviction. On appeal, appellant contends that (1) the trial court erred by allowing the State to present evidence of victims not named in the indictment; (2) the evidence was insufficient to support his convictions; (3) his sentence was excessive; and (4) the trial court erred in its instructions to the jury. Following our review, we affirm the judgments of the trial court. |
Maury | Court of Criminal Appeals | |
Jamar Ed-Wae Scott v. State of Tennessee
The petitioner, Jamar Ed-Wae Scott, appeals the denial of his petition for post-conviction relief, which challenged his Davidson County Criminal Court jury convictions of first degree murder and attempted robbery. Discerning no error, we affirm the denial of relief. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Victoria Wellington
In a bench trial, the Defendant, Victoria Wellington, was convicted of one count of DUI, first offense, and one count of felony evading arrest. The trial court sentenced the Defendant to eleven months, twenty-nine days for the DUI conviction and to two years for the felony evading arrest conviction. The trial court ordered that the sentences be served concurrently and be suspended after nine months, with the remainder to be served on probation. On appeal, the Defendant contends that the trial court erred when it denied her motion to suppress her statements to police. She further contends that the evidence is insufficient to sustain her conviction for felony evading arrest After a thorough review of the record and applicable law, we affirm the judgments of the trial court. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Ronnie Lawrence Corral
Defendant, Ronnie Corral, was indicted in a 16-count indictment for five counts of attempted first degree murder; five counts of aggravated assault; three counts of facilitation of attempted aggravated robbery; one count of aggravated robbery; one count of attempted aggravated robbery; and one count of aggravated burglary. Following a jury trial, Defendant was convicted of five counts of facilitation of attempted first degree murder; four counts of aggravated assault; one count of facilitation of aggravated assault; four counts of facilitation of attempted aggravated robbery; one count of aggravated robbery; and one count of aggravated burglary. Defendant’s four convictions for facilitation of attempted aggravated robbery were merged with three of his aggravated assault convictions and his conviction for facilitation of aggravated assault, and his remaining aggravated assault conviction was merged with his aggravated robbery conviction. For his convictions, Defendant received a total effective sentence of ten years. Defendant appeals his convictions and sentences and asserts: 1) the trial court abused its discretion by declining to grant a mistrial after the trial court allowed inadmissible hearsay to be admitted; 2) the evidence was insufficient to support his convictions for aggravated robbery and facilitation to commit first degree premeditated murder; and 3) the trial court erred in sentencing Defendant to more than the minimum sentence in the applicable sentencing range. After a thorough review of the record, we find no error and affirm the judgments of the trial court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Nathaniel Maclin
The defendant, Nathaniel Maclin, appeals his Shelby County Criminal Court jury conviction of sexual battery by an authority figure, challenging the sufficiency of the convicting evidence. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
Kenneth L. Peachman v. State of Tennessee
The petitioner, Kenneth L. Peachman, appeals the denial of his petition for post-conviction relief, which challenged his 2007 Montgomery County Circuit Court guilty-pleaded convictions of second degree murder and solicitation of first degree murder, claiming that the ineffective assistance of his trial counsel rendered his guilty pleas unknowing and involuntary. Discerning no error, we affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Mark A. Crites
Appellant, Mark A. Crites, was convicted of operating a motor vehicle after being declared a habitual traffic offender, a Class E felony. See Tenn. Code Ann. § 55-10-616. The trial court sentenced him as a career offender to serve six years in the Tennessee Department of Correction. On appeal, appellant argues that the assistant district attorney general committed prosecutorial misconduct in her opening statement and that the evidence was insufficient to support his conviction. Following our review, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Larry Mitchell Brooks
Appellee, Larry Mitchell Brooks, was indicted by the Maury County Grand Jury for one count of driving under the influence, one count of violation of the open container law, one count of violation of the registration law, one count of violation of financial responsibility law, and one count of failure to maintain control. Prior to trial, Appellee filed a motion to suppress the blood sample evidence on the basis that the State was unable to provide proper chain of custody for the sample. After a hearing, the trial court granted the motion to suppress by written order. The trial court entered an order of nolle prosequi. The State filed a notice of appeal on the same day that the order of nolle prosequi was entered. After a review of the record and applicable authorities, we determine that Tennessee Code Annotated section 55-10-410 does not require the certificate of the blood draw to include the person who took the blood specimen in order to establish chain of custody and that the evidence at the hearing on the motion to suppress adequately established the chain of custody. Accordingly, we reverse the grant of the motion to suppress and remand the matter for further proceedings consistent with this opinion. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Kayla Clark
Appellant, Kayla Clark, was convicted of two counts of sale of a Schedule III controlled substance and was sentenced as a Range I, standard offender to concurrent sentences of four years each, to be served in the custody of the Tennessee Department of Correction. In this appeal, she challenges both the lengths of her sentences and the manner of service. Following our review, we affirm the judgments of the trial court. |
Maury | Court of Criminal Appeals | |
Antonio J. Parker v. Howard Carlton, Warden
Petitioner, Antonio J. Parker, appeals the trial court’s summary dismissal of his petition for writ of habeas corpus in which he alleged four grounds for relief: (1) that his guilty plea was not knowing and voluntary; (2) he was denied the right to present witnesses on his behalf; (3) his juvenile transfer hearing was unconstitutional; and (4) his confession was unconstitutional. Following our review of the record, we affirm the judgment of the habeas corpus court. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Andres Andres Francisco
A Knox County Criminal Court Jury convicted the appellant, Andres Andres Francisco, of one count of attempted aggravated sexual battery and three counts of rape of a child. Following his convictions, the trial court imposed a total effective sentence of fifty years in the Tennessee Department of Correction. On appeal, the appellant contends that the evidence was not sufficient to sustain his convictions; that the trial court erred in denying his motions to suppress DNA evidence and his statement to police; and that the trial court erred by imposing consecutive sentencing. Upon review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Jimmie Martin
A Shelby County Criminal Court Jury convicted the appellant, Jimmie Martin, of second degree murder, a Class A felony, and the trial court sentenced him to twenty years to be served at 100%. On appeal, the appellant contends that the evidence is insufficient to support the conviction; that the trial court erred by allowing State witnesses to testify about his prior bad acts in violation of Rule 404(b), Tennessee Rules of Evidence; and that the trial court erred by ruling that statements made by the victim were admissible under the excited utterance exception to the hearsay rule. Based upon the record and the parties’ briefs, we conclude that the trial court erred by ruling that the victim statements to a police officer qualified as excited utterances. However, we conclude that the error was harmless and affirm the appellant’s conviction. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Anthony Henvey aka Anthony Hervey
A Shelby County Criminal Court Jury convicted the appellant, Anthony Henvey aka Anthony Hervey, of attempted second degree murder, a Class B felony, and possession of a weapon during the commission of a dangerous felony, a Class C felony, and he received an effective sixteen-year sentence. On appeal, the appellant contends that the evidence is insufficient to support the attempted murder conviction and that the trial court erroneously instructed the jury on self-defense. Based upon the record and the parties’ briefs, we conclude that the self-defense instruction was erroneous but that the error was harmless. Therefore, the appellant’s convictions are affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. David Hoke Ware
David Hoke Ware (“the Defendant”) pleaded guilty to one count of burglary of an automobile, twelve counts of identity theft, twelve counts of fraudulent use of a debit or credit card, and two counts of theft over $500. Pursuant to the plea agreement, the trial court sentenced the Defendant to an effective sentence of two years, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court ordered this sentence to be served in incarceration and ordered the Defendant to pay restitution of $1,093.84. On appeal, the Defendant argues that the trial court erred in denying probation or other alternative sentencing. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Michael Terrell McKissack
The defendant, Michael McKissack, was found guilty by a jury of especially aggravated robbery, aggravated robbery, and facilitation of attempted carjacking. Prior to trial, the defendant moved to suppress evidence recovered pursuant to a stop of the vehicle he was riding in, asserting that the search violated his Fourth Amendment rights. The trial court denied the motion to suppress. The defendant was sentenced to imprisonment for twenty-two years for the especially aggravated robbery, ten years for the aggravated robbery, and four years for the facilitation of attempted carjacking. The trial court ordered the defendant’s aggravated robbery and facilitation of attempted carjacking convictions to be served concurrently with each other but consecutively to his especially aggravated robbery conviction. The defendant appeals, challenging the sufficiency of the evidence, the trial court’s denial of his motion to suppress, and the imposition of consecutive sentences. After review, we conclude the evidence was sufficient to support the convictions, the trial court correctly denied the motion to suppress, and the imposition of consecutive sentences was proper. We affirm the judgments from the trial court |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. James Edward Brown
Appellant, James Edward Brown, entered guilty pleas without recommended sentences to one count of theft of property valued at more than $1,000 but less than $10,000 and two counts of being a felon in possession of a handgun. Appellant was on probation for kidnapping, aggravated assault, and aggravated burglary when he committed the theft offense and was released on bond from the theft case when he committed the weapons offenses. He subsequently agreed that his probation should be revoked. Following a sentencing hearing, the trial court imposed a twelve-year sentence for the theft of property conviction, to be served consecutively to the seven-year sentence for the probation revocation. The trial court also ordered the two six-year sentences for being a felon in possession of a handgun to be served concurrently with each other but consecutively to the other two sentences. He now appeals the alignment of his sentences. Following our review, we affirm the judgments of the trial court. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Emanuel Bibb Houston
Appellant, Emmanuel Bibb Houston, stands convicted of especially aggravated kidnapping, aggravated burglary, and facilitation of especially aggravated robbery. The trial court imposed a total effective sentence of twenty-three years. On appeal, appellant argues that the evidence was insufficient to support his conviction for especially aggravated kidnapping and that his sentence was excessive. Following our review, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
Craig O. Majors v. State of Tennessee
Petitioner, Craig O. Majors, was convicted of especially aggravated kidnapping, attempted aggravated robbery, and aggravated burglary. He received an effective twenty-year sentence in the Tennessee Department of Correction. State v. Craig O. Majors, No. M2009-00483-CCA-R3-CD, 2010 WL 2483512, at *1 (Tenn. Crim. App. June 21, 2010). Petitioner now appeals from the dismissal of his petition for writ of certiorari regarding his especially aggravated kidnapping and attempted aggravated robbery convictions. After our review of the parties’ briefs, the record, and the applicable law, we conclude that petitioner does not have an appeal as of right from the denial of a petition for writ of certiorari, and we dismiss the appeal. |
Montgomery | Court of Criminal Appeals | |
Brooke Lee Whitaker v. State of Tennessee
The petitioner, Brooke Lee Whitaker, pleaded guilty to rape and received a twelve-year sentence. In her petition for post-conviction relief she alleges that she received ineffective assistance of counsel, that her guilty plea was not knowingly and voluntarily entered, and that trial counsel had a conflict of interest as the former sheriff of Bedford County that prejudiced his representation of the petitioner. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. John Bradford Robinson
The Defendant, John Bradford Robinson, pled guilty to manufacturing marijuana, sale of marijuana, theft of property valued between $1000 and $10,000, initiation of process to manufacture methamphetamine, and possession of drug paraphernalia. For these convictions, the trial court ordered the Defendant to serve an effective eight-year sentence on probation. After multiple arrests in 2012, the trial court issued a probation violation warrant, and, after a hearing, the trial court revoked the Defendant’s probation. On appeal, the Defendant contends that there was insufficient evidence to warrant a revocation of his probation. After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Giles | Court of Criminal Appeals |
