Jarrod Phillips v. State of Tennessee
Petitioner, Jarrod Phillips, was charged with first degree murder in Davidson County. He pled guilty to second degree murder and was sentenced to thirty-two years as a Range II, violent offender. Petitioner subsequently filed a petition for writ of habeas corpus in Hickman County. The habeas corpus court summarily dismissed the petition. After a thorough review of the record, we affirm the habeas corpus court’s dismissal of the petition. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Joseph Leon Knowles
The Defendant, Joseph Leon Knowles, pleaded guilty pursuant to a plea agreement to attempt to commit aggravated child abuse of a child under six years old, a Class B felony, with the sentence to be determined by the trial court. See T.C.A. § 39-15-402 (2010). The trial court sentenced the Defendant as a Range I, standard offender to twelve years’ confinement. On appeal, the Defendant contends that the trial court erred during sentencing by failing to apply certain mitigating factors relative to remorse, assisting the police, and his not having a substantial intent to violate the law and by denying him alternative sentencing. We affirm the judgment of the trial court. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. Steve Duclair
Appellant, Steve Duclair, was named in a presentment by the Sullivan County Grand Jury in September of 2008 for two counts of the sale of one-half a gram or more of cocaine within 1,000 feet of a school and two counts of the delivery of one-half a gram or more of cocaine within 1,000 feet of a school. The grand jury later named Appellant in a second presentment charging Appellant for one count of selling one-half gram or more of cocaine within 1,000 feet of a school and one count of delivering one-half gram or more of cocaine within 1,000 feet of a school. After a jury trial, Appellant was convicted of two counts of selling one-half gram or more of cocaine, two counts of delivering one-half gram or more of cocaine, one count of selling one-half gram or more of cocaine within 1,000 feet of a school, and one count of delivering one-half gram or more of cocaine within 1,000 feet of a school. The trial court merged the convictions for the sale of cocaine with the convictions for the delivery of cocaine. Appellant was sentenced to an effective sentence of fifteen years at 100 percent. After the denial of a motion for new trial, Appellant presents the following issues for our review on appeal: (1) whether the evidence was sufficient to support the convictions; (2) whether the trial court committed error while dismissing the alternate juror at the conclusion of the trial; (3) whether the trial court committed error by asking Appellant where he was from during voir dire; (4) whether the trial court properly instructed the jury; (5) whether Appellant’s sentences constitute cruel and unusual punishment; (6) whether the assistant district attorney committed prosecutorial misconduct; and (7) whether the Drug-Free School Zone Act is unconstitutional. After a review of the record and the applicable authorities, we determine that the evidence was sufficient to support the convictions; the trial court properly instructed the jury; the trial court did not abuse its discretion in sentencing Appellant; the Drug-Free School Zone Act is not unconstitutional; the trial court did not violate Appellant’s right from self-incrimination during voir dire; the trial court did not err in dismissing the alternate juror; and the prosecutor did not commit misconduct during closing argument. Consequently, the judgments of the trial court are affirmed. |
Sullivan | Court of Criminal Appeals | |
Johnny Coffey v. State of Tennessee
The Petitioner, Johnny Coffey, appeals the Bradley County Criminal Court’s denial of post-conviction relief. The Petitioner was convicted of second degree murder and sentenced to twenty years’ imprisonment. On appeal, he argues that trial counsel was ineffective by failing to properly petition the trial court for a State-funded psychiatric expert to assist the defense. Upon review, we affirm the judgment of the post-conviction court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Keenan D. Singletary
Keenan D. Singletary (“the Defendant”) pleaded guilty to facilitation of aggravated robbery. Following a sentencing hearing, the trial court sentenced the Defendant to five years’ incarceration and ordered the Defendant to pay $174 in restitution. On appeal, the Defendant challenges the length and manner of service of his sentence. After a thorough review of the record and the applicable law, we affirm the judgment of the trial court. |
Robertson | Court of Criminal Appeals | |
Mindy Dodd v. State of Tennessee
The petitioner, Mindy S. Dodd, appeals the denial of her petition for a writ of error coram nobis. On appeal, she contends that she presented newly discovered evidence that may have affected the outcome of her trial and that the error coram nobis court erred in denying her petition. Because the petition was not filed within the statutory limitations period, we affirm the denial of the petition. |
Rutherford | Court of Criminal Appeals | |
Rashe Moore v. State of Tennessee
In this post-conviction appeal, the Petitioner contends that he received the ineffective assistance of counsel at trial because trial counsel was deficient in failing to file a written motion requesting jury instructions on lesser-included offenses and that this failure resulted in prejudice because it precluded appellate review of the trial court’s refusal to instruct the jury on any lesser-included offenses. After a review of the record and the applicable authorities, we reverse the judgment of the post-conviction court with respect to trial counsel’s failure to file a written motion requesting an instruction on lesser-included offenses of especially aggravated kidnapping. We affirm the judgment in all other respects. |
Shelby | Court of Criminal Appeals | |
Rashe Moore v. State of Tennessee-Concurring In Part, Dissenting In Part
I concur with the majority opinion except for one issue. I respectfully disagree with the majority’s conclusion that the failure to instruct the jury on the lesser-included offense of aggravated kidnapping constitutes reversible error in this post-conviction case. Such a failure to charge a lesser-included offense is harmless beyond a reasonable doubt when no reasonable jury would have convicted the petitioner of the lesser-included offense. State v. Banks, 271 S.W.3d 90, 126 (Tenn. 2008). |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Danny Adams
The Defendant, Danny Adams, was convicted by a jury of simple assault. On appeal, he challenges the sufficiency of the evidence for that conviction, including an argument therein of inconsistent verdicts. We have thoroughly reviewed the record on appeal, and although the evidence is sufficient, we must reverse the Defendant’s conviction because an incorrect mental state was included in the jury charge. Moreover, we cannot deem the error harmless beyond a reasonable doubt. Accordingly, we reverse the judgment of the trial court and remand the case for further proceedings consistent with this opinion. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. Jessica Root
The Defendant, Jessica Root, appeals the trial court’s nine-year sentence to her open plea of guilt to vehicular homicide by intoxication, contending (1) that the trial court failed to consider applicable mitigating factors and a sentencing practices report; (2) that she should have received the minimum sentence; and (3) that the trial court improperly denied all forms of alternative sentencing. Upon consideration of the record and the applicable authorities, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Steven R. Bryson
The Defendant-Appellant, Steven R. Bryson, was convicted by a Hardin County jury of aggravated sexual battery, a Class B felony. See T.C.A. § 39-13-504 (2011). The trial court sentenced him as a Range I, standard offender to eight years and six months in the Department of Correction. On appeal, Bryson argues that: (1) the evidence was insufficient to support his conviction; (2) the trial court erred in denying his motion for judgment of acquittal; and (3) the trial court committed plain error in its jury instructions. Upon review, we affirm the judgment of the trial court. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Devin Jay Davis
The Defendant, Devin Jay Davis, was convicted by a Chester County jury of criminally negligent homicide and aggravated child abuse and neglect, for which he received an effective sentence of twenty years. In this appeal, the Defendant argues that the evidence is insufficient to sustain his conviction for aggravated child abuse and neglect, the jury’s verdicts in count one and count two are fatally inconsistent, and his convictions violate double jeopardy. Upon review, we affirm the judgment of the trial court. |
Chester | Court of Criminal Appeals | |
Stevie R. Dickson v. State of Tennessee
Petitioner, Stevie Dickson, was indicted by the Montgomery County Grand Jury for first degree murder, attempted first degree murder and aggravated assault. Petitioner entered a best interest plea to second degree murder and attempted second degree murder. He was sentenced to an effective sentence of twenty years. Petitioner subsequently filed a petition for post-conviction relief arguing that he was afforded ineffective assistance of counsel. After conducting an evidentiary hearing, the post-conviction court denied the petition. On appeal, Petitioner argues that the post-conviction court erred. After a thorough review of the record, we conclude that the record supports the post-conviction court’s denial of the petition. |
Montgomery | Court of Criminal Appeals | |
Jason Osmond Hines v. State of Tennessee
The Petitioner, Jason Osmond Hines, appeals the post-conviction court’s denial of relief for his conviction of second-degree murder. On appeal, the Petitioner argues that he received ineffective assistance of counsel based on counsel’s failure to properly impeach the State’s witnesses and adequately present a theory of self-defense. Upon review, we affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Jerry R. Shouse
Appellee, Jerry R. Shouse, was indicted by the Maury County Grand Jury with one count of driving under the influence and one count of violation of the open container law. Prior to trial, Appellee filed a motion to suppress the evidence on the basis that the warrantless seizure was arbitrary and oppressive. After a hearing, the trial court granted the motion to suppress by written order. 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 based on the recent decision of State v. Moats, 403 S.W.3d 170 (Tenn. 2013), the trial court properly granted the motion to suppress where the actions of the officer were not authorized under any exception to the warrant requirement. Consequently, the judgment of the trial court is affirmed. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Cordell Remont Vaughn
A Perry County Grand Jury returned an indictment against Defendant, Cordell Remont Vaughn, charging him with first degree murder. After Defendant’s first trial, this court reversed a jury’s verdict that found Defendant guilty of first degree murder. State v. Vaughn, 279 S.W.3d 584, 586-87 (Tenn. Crim. App. 2008). Pursuant to a second jury trial, Defendant was again found guilty of first degree murder. He was sentenced to life in prison without the possibility of parole. The trial court granted Defendant’s motion for new trial. The State filed a Rule 10 application for an extraordinary appeal with this court, which was granted. On appeal, this court reversed the trial court’s granting of a new trial. State v. Vaughn, No. M2011-00067-CCA-R10-CD, 2012 WL 1484191 (Tenn. Crim. App. April 25, 2012) perm. app. denied (Tenn. Aug. 16, 2012). On May 31, 2013, the trial court entered judgment and sentenced Defendant again to life in prison without the possibility of parole. On appeal, Defendant argues: (1) the evidence was not sufficient to support his first degree murder conviction; (2) that the trial court erred in denying his motion to suppress the toxicology report; and (3) whether his right to be free from double jeopardy was violated. After a review of the record, we affirm Defendant’s conviction of first degree murder; we reverse the sentence of life without possibility of parole and remand this case to the trial court for entry of a judgment of conviction of first degree murder with a sentence of life imprisonment. |
Perry | Court of Criminal Appeals | |
State of Tennessee v. Joseph H. Adkins a/k/a Joseph H. Morrison
Following a jury trial, the Defendant, Joseph H. Adkins a/k/a Joseph H. Morrison, was convicted of first degree premeditated murder; first degree felony murder; aggravated burglary, a Class C felony; and three counts of aggravated assault, a Class C felony. See Tenn. Code Ann. §§ 39-13-102, -13-202, -14-403. The trial court merged the felony murder conviction into the premeditated murder conviction and imposed a sentence of life with the possibility of parole. The trial court sentenced the Defendant to six years for each of the remaining convictions and ordered all of the sentences to be served consecutively for an effective sentence of life plus twenty-four years. In this appeal as of right, the Defendant contends (1) that the trial court erred in denying the Defendant’s pro se motion to remove appointed trial counsel; (2) that the trial court erred by not allowing the Defendant to cross-examine a witness about a prior instance where the witness allegedly lied under oath; (3) that the trial court improperly allowed the admission of hearsay evidence at trial; (4) that the trial court erred by instructing the jury on flight; (5) that the evidence was insufficient to sustain the Defendant’s conviction for first degree premeditated murder; (6) that the evidence was insufficient to sustain the Defendant’s convictions for two of the aggravated assault charges; (7) that the trial court erred by correcting a “typographical error” on the jury’s verdict form; and (8) that the trial court erred by imposing consecutive sentences. Following our review, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
Aso Hassan Nejad v. State of Tennessee
Petitioner, Aso Hassan Nejad, was convicted by a jury of conspiracy to commit first degree murder and sentenced by the trial court to 25 years’ incarceration. This court affirmed Petitioner’s conviction and sentence on appeal. State v. Aso Hassan Nejad a.k.a. Diako Nejad and Ako Hassan Nejad, No. M2009-00481-CCA-R3-CD, 2010 WL 3562015 (Tenn. Crim. App., Sept. 14, 2010), perm. app. denied (Tenn., Feb. 17, 2011). Petitioner now appeals the post-conviction court’s denial of his petition for post-conviction relief following an evidentiary hearing. Petitioner asserts that he was denied the effective assistance of counsel. Finding no error, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Travei Pryor
A Knox County Criminal Court Jury convicted the appellant, Travei Pryor, of eleven counts of aggravated kidnapping, a Class B felony; four counts of aggravated robbery, a Class B felony; four counts of aggravated burglary, a Class C felony, one count of employing a firearm during the commission of a dangerous felony and one count of possessing a firearm during the commission of a dangerous felony, Class C felonies; and one count of criminal impersonation, a Class B misdemeanor. After a sentencing hearing, he received an effective twelve-year sentence. On appeal, the appellant contends that the evidence is insufficient to support his convictions for employing/possessing a firearm during the commission of a dangerous felony and that the trial court committed reversible error by failing to instruct the jury as provided by State v. White, 362 S.W.3d 559 (Tenn. 2012). Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the trial court’s failure to instruct the jury pursuant to White constitutes reversible error. Therefore, the appellant’s eleven convictions for aggravated kidnapping must be reversed and the case remanded to the trial court for a new trial as to those offenses. The appellant’s remaining convictions are affirmed. However, upon remand, the trial court is to merge the appellant’s aggravated robbery convictions in counts 7 and 8 and counts 9 and 10 and enter single judgments of conviction for those offenses. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Travei Pryor - dissenting in part, concurring in part
After reviewing the records and law as it currently stands, I must respectfully dissent from the majority’s reasoned opinion with regard to its State v. White determinations. I would affirm the convictions as they were entered, although merging those counts which were alternatively charged. In all other regards, I join in the majority’s opinion. |
Knox | Court of Criminal Appeals | |
Ernest Lee Jennings v. State of Tennessee
The petitioner, Ernest Lee Jennings, III, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of trial counsel and that the trial court erred in denying his motion to suppress and in admitting at trial evidence seized from his room. Following our review, we affirm the denial of the petition. |
Fayette | Court of Criminal Appeals | |
State of Tennessee v. Joseph Samuel Kyle
The defendant, Joseph Samuel Kyle, was convicted by a Benton County Circuit Court jury of aggravated criminal trespass, a Class A misdemeanor, and was sentenced to eleven months and twenty-nine days, suspended to probation after serving thirty days in jail. On appeal, he argues: (1) interrelated issues that the trial court erred in overruling his motions for judgment of acquittal and new trial and that the evidence is insufficient to sustain his conviction; and (2) the trial court erred in allowing hearsay testimony into evidence over his objection. After review, we affirm the judgment of the trial court. |
Benton | Court of Criminal Appeals | |
State of Tennessee v. Gary Hawkins
Defendant, Gary Hawkins, was convicted of first degree felony murder in the perpetration of aggravated child neglect and aggravated child neglect following a jury trial. Defendant received a life sentence for the murder conviction and a concurrent sentence of 22 years as a violent offender for the aggravated child neglect conviction. In this direct appeal, Defendant contends that the evidence was insufficient to support his convictions and that the trial court erred by allowing evidence of a prior conviction for child abuse into evidence. Finding no error, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Armard Reeves
The defendant, Armard Reeves, was convicted of one count of unlawful and knowing possession with intent to deliver three hundred pounds (300 lbs) (136,050 grams) or more of a controlled substance, to wit: marijuana. The trial court sentenced the defendant as a Range I offender to the maximum sentence of twenty-five years in the Tennessee Department of Correction. The defendant was arrested as a part of a larger investigation that Immigrations and Customs Enforcement (“ICE”) and Homeland Security Investigations (“HSI”) were conducting into narcotics distribution. On appeal, the defendant argues that: (1) the trial court erred when it failed to instruct the jury as to the lesser-included offense of facilitation; (2) the State must prove beyond a reasonable doubt that the defendant knowingly possessed the amount of marijuana in question; (3) the trial court erred when it failed to instruct the jury that the defendant must knowingly possess certain amounts of marijuana; (4) the evidence was insufficient to support his conviction; (5) the trial court erred when it failed to grant the defendant’s motion to suppress; and (6) the trial court improperly sentenced the defendant to the maximum sentence for a Range I offender. After a thorough review of the record we conclude that facilitation was properly omitted as a jury instruction, that the “knowing” mens rea requirement does not apply to the amount of marijuana, the evidence was sufficient to support the defendant’s conviction, the trial court did not err in denying the motion to suppress, and that the defendant was properly sentenced to the maximum term of incarceration. |
Shelby | Court of Criminal Appeals | |
David Lynn Smith v. State of Tennessee
The petitioner, David Lynn Smith, appeals the denial of his petition for post-conviction relief. The petitioner was convicted of second degree murder and is currently serving a sentence of twenty-four years in the Department of Correction. On appeal, he contends that the denial of his petition was error because he was denied his right to the effective assistance of counsel. Specifically, he contends that trial counsel was ineffective by: (1) failing to adequately prepare the petitioner to testify at trial; and (2) failing to investigate and interview an alibi witness. The petitioner further argues that the post-conviction court committed reversible error by refusing to exclude trial counsel from the post-conviction proceedings pursuant to Rule 615 of the Tennessee Rules of Evidence. Following review of the record and applicable law, we conclude that the petitioner was not denied his right to the effective assistance of counsel, and no Rule 615 violation was established. Therefore, we conclude that the petition was properly denied and affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals |
