State of Tennessee v. Troy Lynn Fox
The Defendant, Troy Lynn Fox, was convicted of the first degree premeditated murder of his wife and sentenced to life imprisonment. On appeal, the Defendant raises the following issues for our review: (1) whether the evidence was sufficient to sustain his conviction; (2) whether the trial court erred by admitting certain photographs into evidence—one, a photograph of the murder victim that was taken while she was alive and, two, multiple photographs of the crime scene and of the victim’s injuries, taken both at the scene and during the autopsy; (3) whether the trial court erred by failing to conduct a jury-out hearing prior to the admission of several photographs of the victim taken at the crime scene and by describing those photographs as “gross” in front of the jury; (4) whether the trial court erred by requiring the Defendant to cross-examine the victim’s mother during the State’s case-in-chief rather than allowing the Defendant to recall her as a defense witness; (5) whether the trial court erred by prohibiting the Defendant from further development of the couple’s social, family, and marital history; (6) whether the trial court committed reversible error in its instruction to the jury on the impeachment of a witness; and (7) whether the trial court demonstrated judicial bias against the Defendant. Following our review, we affirm the judgment of the trial court. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Jackie Wayne Miller
The Defendant, Jackie Wayne Miller, pled guilty to initiation of the process of manufacturing methamphetamine and possession of drug paraphernalia, with the trial court to determine the length and manner of the sentences. The trial court subsequently ordered the Defendant to serve an effective sentence of eight years and three months in the Tennessee Department of Correction. The Defendant appeals, asserting that the trial court erred when it denied his request for alternative sentencing. After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Henry Bates
Appellant, Henry Bates, was convicted by a Shelby County jury of aggravated robbery, burglary of a building, and vandalism of $1,000 or more. The trial court sentenced Appellant to an effective sentence of forty-two years. On appeal, Appellant argues that the evidence was insufficient to support his conviction for aggravated robbery and that the trial court erred in denying his motion for mistrial. After a thorough review of the record, we conclude that both issues are without merit. Therefore, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Shawn Christopher Sales
The Defendant, Shawn Christopher Sales, pled guilty to robbery, and the trial court sentenced him to 163 days in confinement followed by fifteen years to be served in Community Corrections. In March 2013, the Defendant’s Community Corrections officer filed a second affidavit alleging the Defendant had violated his Community Corrections sentence, and, after a hearing, the trial court ordered the Defendant to serve the remainder of his sentence in confinement. On appeal, the Defendant contends the trial court erred when it revoked his Community Corrections sentence because the State presented insufficient evidence to support the revocation. After a thorough review of the record and applicable authorities, we conclude that the trial court did not err when it revoked the Defendant’s Community Corrections sentence, and we affirm the trial court’s judgment. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Jonathan Downey
Jonathan Downey (“the Defendant”) was convicted by a jury of first degree felony murder, criminally negligent homicide, and aggravated burglary. The trial court sentenced the Defendant to life imprisonment for the felony murder and then merged the latter two convictions with the felony murder conviction. In this direct appeal, the Defendant contends that the evidence was not sufficient to support his conviction of first degree felony murder. The State asks this Court to reverse the trial court’s merger of the aggravated burglary conviction. After a thorough review of the record and the applicable law, we affirm the Defendant’s conviction of first degree felony murder. We order the trial court to reinstate the Defendant’s conviction of aggravated burglary and remand this matter for sentencing on that conviction. |
Humphreys | Court of Criminal Appeals | |
Joseph Lamont Johnson, Jr. v. State of Tennessee
The petitioner, Joseph Lamont Johnson, was convicted of two counts of aggravated robbery, one count of aggravated assault, and one count of felony evading arrest. The trial court then reduced one of the aggravated robbery convictions to aggravated assault pursuant to State v. Franklin, 130 S.W.3d 789, 798 (Tenn. Crim. App. 2003) and sentenced the petitioner to an aggregate sentence of fifty-four years. The petitioner’s convictions and sentences were affirmed on appeal. State v. Johnson, No. M2007-01644-CCA-R3-CD, 2009 WL 2567729, at *1 (Tenn. Crim. App. Aug. 18, 2009). The petitioner brings this post-conviction action alleging that he received the ineffective assistance of counsel in that: (1) trial counsel failed to convey a plea offer or inform the petitioner regarding his potential exposure; (2) trial counsel did not adequately investigate the case; (3) trial counsel performed deficiently by not moving to dismiss one of the aggravated robbery counts; (4) trial counsel performed deficiently by not moving to suppress a witness’s identification of the petitioner; (5) appellate counsel performed deficiently by failing to challenge the petitioner’s sentencing range; and (6) that the cumulative errors above resulted in the deprivation of the right to counsel. After a thorough review of the record, we conclude that the petitioner has failed to prove one or both prongs of a claim of ineffective assistance of counsel with respect to each claim, and we accordingly affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Derrick Braxton
Defendant, Derrick Braxton, was convicted as charged for one count of aggravated sexual battery and sentenced to ten years’ confinement to be served at 100 percent release eligibility. Defendant appeals his conviction and sentence and asserts the following: 1) the trial court erred by denying his motion for judgment of acquittal and the evidence is insufficient to support his conviction; 2) his sentence is excessive; 3) the trial court failed to act as thirteenth juror; and 4) the prosecutor’s comments about Defendant’s credibility during closing argument were improper. Finding no error, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Dexter Deshaun Coleman
The Defendant, Dexter Deshun Coleman, pled guilty to three counts of facilitation of especially aggravated kidnapping and one count each of especially aggravated burglary and facilitation of especially aggravated robbery. The plea agreement provided that the Defendant would receive an effective sentence of twelve years as a Range I, standard offender with the trial court to determine the manner of service of the sentence. Following a sentencing hearing, the trial court denied the Defendant’s request for alternative sentencing and ordered that the Defendant serve his sentence in confinement. On appeal, the Defendant contends that the trial court erred in denying his motion for alternative sentencing. The State has filed a motion requesting that this court affirm the trial court’s judgments pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgments of the trial court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Joseph Shane Powell
A Madison County Grand Jury returned an indictment against Defendant, Joseph Shane Powell, charging him with promoting the manufacture of methamphetamine. Following a jury trial, Defendant was convicted as charged in the indictment. The trial court imposed a sentence of eight years as a Range II multiple offender. On appeal, Defendant argues that the evidence was insufficient to support his conviction. After a thorough review of the record, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Donald Lee Reburn
Appellee, Donald Lee Reburn, pleaded guilty to theft of property valued at $1,000 or more but less than $10,000. At his guilty plea submission hearing, the trial court sentenced him as a persistent offender to ten years, suspended to probation. The State has appealed and argues that the trial court erred by sentencing appellee without a sentencing hearing and without a presentence report. Following our review, we reverse the judgment of the trial court and remand for a sentencing hearing. |
Tipton | Court of Criminal Appeals | |
Auqeith Lashawn Byner v. State of Tennessee
Petitioner, Auqeith Lashawn Byner, was indicted by the Davidson County Grand Jury for one count of possession of .5 grams or more of cocaine within 1,000 feet of a school with the intent to sell or deliver and one count of reckless driving. After a jury trial, he was convicted as charged. As a result, he was sentenced to a sixteen-year sentence for the possession of cocaine with intent to sell conviction and six months for reckless driving, to be served concurrently to each other but consecutively to the sentence in another case 2007-D-3157. Petitioner initiated a direct appeal of his convictions but dismissed the appeal voluntarily. Petitioner later sought post-conviction relief on the basis of ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. Petitioner appealed. After a review, we determine Petitioner has failed to establish by clear and convincing evidence that he received ineffective assistance of counsel at trial. Accordingly, the judgment of the post-conviction court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Yogonda Abdula Corley
Defendant, Yogonda Corley, was charged with five counts of aggravated sexual battery, with three counts being against the victim T.S. and two counts against the victim M.M., and seven counts of rape of a child, with three counts being against T.S. and four counts being against M.M. Following a jury trial, Defendant was convicted of six counts of rape of a child, four counts of aggravated sexual battery, and one count of attempted aggravated sexual battery. Following a sentencing hearing, Defendant was ordered to serve a total effective sentence of 75 years incarceration. In this appeal as of right, Defendant asserts that it was plain error for the trial court: 1) to admit into evidence a recording and transcript of statements by Defendant obtained by the use of a body wire worn by the mother of one of the victims; 2) to admit into evidence Defendant’s statements to the police following his arrest; 3) to admit into evidence the opinion testimony by a nurse practitioner that the victims’ statements were consistent with their medical examinations; and 4) not to sever the offenses against the two victims. Defendant asserts that the cumulative effect of these errors entitles him to a reversal of his convictions. Lastly, Defendant categorizes another section of his brief as a challenge to the sufficiency of the evidence, but then acknowledges that he chooses not to argue the sufficiency of the evidence to support his convictions. With regard to the evidentiary issues, we conclude that the Defendant has waived consideration of the issues by his failure to contemporaneously object at trial. Also, Defendant failed to request severance of the charges as to each victim pre-trial. Because the alleged evidentiary issues and severance issue do not rise to the level of plain error, we decline review. We further conclude that the evidence is sufficient to support Defendant’s convictions. Accordingly, the judgments of conviction are affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Yogonda Abdula Corley - Concurring
I agree with the conclusion reached by the majority pertaining to the Defendant’s failure to demonstrate plain error relief on the evidentiary issues in this case. Notwithstanding the Defendant’s waiver of his challenge to the sufficiency of the evidence, I write separately because the record provides ample evidence supporting each of the convictions in this case. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. James M. Smith
A Rutherford County jury convicted the Defendant, James M. Smith, of driving under the influence (“DUI”), driving on a suspended, cancelled or revoked license, two counts of leaving the scene of an accident, and reckless endangerment. The trial court Defendant stipulated that he had been convicted of DUI on at least three previous occasions, and the trial court sentenced him as a Range III, persistent offender, to six years in confinement followed by four years on probation. On appeal, the Defendant contends that: (1) the trial court erred when it denied his pretrial motion to continue his case; (2) the prosecutor made improper comments during opening and closing arguments; (3) a distraction during the jury deliberation likely caused a hurried and potentially incorrect verdict; and (4) the evidence is insufficient to sustain his convictions. After a thorough review of the record and applicable authorities, we conclude no error exists in the judgment of the trial court. The trial court’s judgments are, therefore, affirmed. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Vernon Lavone Roberts
Defendant, Vernon Lavone Roberts, was indicted by the Davidson County Grand Jury for two counts of the sale of more than .5 grams of cocaine within 1000 feet of a school zone and two counts of the sale of more than 26 grams of cocaine within 1000 feet of a school zone. Subsequently, Defendant entered a guilty plea to four counts of the sale of cocaine outside of a school zone. He received a sentence of twenty-years for each conviction, with three sentences to be served concurrently with each other but consecutively to the fourth conviction for an effective forty-year sentence as a Range II multiple offender. On appeal, Defendant argues that the trial court erred by denying his motion to withdraw his guilty pleas based on his assertion that the pleas were not voluntarily or knowingly entered. After a thorough review of the record, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Dejuan Koshief Roberts
A Bedford County jury found the Defendant, Dejuan Koshief Roberts, guilty of aggravated assault, reckless endangerment, and being a felon in possession of a handgun. The trial court imposed an effective Range II thirteen-year sentence. The Defendant appeals claiming that the evidence is insufficient to support his convictions and that the State violated the rules of discovery. After a thorough review of the record, the briefs, and relevant authorities, we conclude that no error exists. Accordingly, we affirm the trial court’s judgments. |
Bedford | Court of Criminal Appeals | |
State of Tenneseee v. Marcus Smith
Appellant, Marcus Smith, was convicted of one count of criminal attempt to commit rape of a child, a Class B felony. The trial court sentenced appellant to nine years to be served in the Tennessee Department of Correction. On appeal, appellant argues that the evidence at trial was insufficient to support his conviction. Following our review of the parties’ briefs, the record, and the applicable law, we affirm appellant’s conviction. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Leonel Lopez, aka Leonel Lopez Ramos
The defendant, Leonel Lopez, also known as Leonel Lopez Ramos, was convicted by a Davidson County Criminal Court jury of second degree murder and sentenced to twenty years as a violent offender in the Department of Correction. On appeal, he argues that: (1) the evidence is insufficient to sustain his conviction, and (2) the service of a convicted felon as the grand jury foreman invalidated the indictment against him as a matter of law. After review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Daniel Eduardo Gonzalez v. State of Tennessee
The petitioner, Daniel Eduardo Gonzalez, appeals the dismissal of his petition for post-conviction relief as time-barred. He argues that his trial counsel provided ineffective assistance for failing to advise him of the deportation consequences of his guilty plea as required by Padilla v. Kentucky, 559 U.S. 356 (2010), and that due process considerations should operate to toll the statute of limitations. Following our review, we affirm the summary dismissal of the petition. |
Davidson | Court of Criminal Appeals | |
Juan A. Hill v. David Sexton, Warden
The Petitioner, Juan A. Hill, appeals as of right from the Johnson County Criminal Court’s summary dismissal of his petition for writ of habeas corpus. The Petitioner contends that his judgment of conviction is void because it fails to reflect pretrial jail credit. Following our review, we affirm the judgment of the habeas corpus court. |
Johnson | Court of Criminal Appeals | |
Kenneth J. Meyer v. State of Tennessee
The petitioner, Kenneth J. Meyer, appeals the denial of his petition for post-conviction relief from his 2008 Bledsoe County Circuit Court conviction of voluntary manslaughter, claiming that he was denied the effective assistance of trial counsel. Discerning no error, we affirm. |
Bledsoe | Court of Criminal Appeals | |
State of Tennessee v. Cameron Cook
The Defendant, Cameron Cook, was convicted by a Knox County jury of attempted first degree murder and employing a firearm during an attempt to commit a dangerous felony for which he received an effective sentence of thirty years confinement. In this appeal, the Defendant argues that the evidence is insufficient to sustain either conviction and that the trial court erred in refusing to charge the jury on voluntary intoxication. Upon review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Kevin Potter
The defendant, Kevin Potter, appeals the Campbell County Criminal Court’s order revoking his probation and ordering him into confinement. Because the record supports the order, we affirm. |
Campbell | Court of Criminal Appeals | |
State of Tennessee v. William Avery McKnight
The Defendant, William Avery McKnight, pleaded guilty to aggravated burglary and theft of property over $1000, with the trial court to determine the length and manner of the sentences. The trial court ordered the Defendant to serve an effective sentence of eight years in the Tennessee Department of Correction. The Defendant appeals, asserting that the trial court erred when it denied his request for alternative sentencing. After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Seymore S. Staten
The Defendant, Seymore S. Staten, was convicted by a Williamson County Circuit Court jury of reckless aggravated assault, a Class D felony. See T.C.A. § 39-13-102 (2010). He was sentenced as a Range I, standard offender to three years’ confinement to be served consecutively to a previously imposed eighty-seven-month federal sentence. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction and (2) his right to a speedy trial was violated. We affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals |
