State of Tennessee v. Juan Lasean Perry
The Defendant, Juan LaSean Perry, appeals the trial court’s summary denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1 in which he challenged his twenty-five-year sentence resulting from his second degree murder conviction in 2005. After review, we affirm the trial court’s judgment. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Barnett
The Knox County Grand Jury indicted Defendant, Kenneth Barnett, for ten counts of aggravated burglary with intent to commit theft, ten alternative counts of aggravated burglary while committing theft, ten counts of theft, and two counts of unlawful possession of a weapon by a convicted felon. Prior to trial, the trial court dismissed the ten alternative counts of aggravated burglary while committing theft. Following trial, the jury convicted Defendant of six counts of aggravated burglary, six counts of theft, and both counts of unlawful possession of a weapon by a convicted felon, for which the trial court imposed a total effective sentence of thirty-five years. On appeal, Defendant argues that the evidence was insufficient to support his convictions for unlawful possession of a weapon by a convicted felon. Following a thorough review of the record and applicable law, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
William Casey v. State of Tennessee
The Petitioner, William Casey, appeals the post-conviction court’s denial of his petition for post-conviction relief in which he challenged his convictions for first degree criminal sexual conduct and two counts of aggravated rape for offenses that occurred in 1979 and 1980. On appeal, the Petitioner asserts that he received ineffective assistance of counsel at trial and on direct appeal, that the |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Nicholas Maurice White
A Bradley County jury convicted the defendant, Nicholas Maurice White, of aggravated robbery and aggravated assault, and the trial court imposed an effective sentence of ten years’ incarceration. On appeal, the defendant challenges the sufficiency of the evidence supporting his convictions. Upon our review of the record and the applicable law, we affirm the judgments of the trial court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Joseph Griggs
A Hardeman County jury convicted the Defendant, Joseph Griggs, of aggravated rape, and the trial court sentenced him to twenty years in the Tennessee Department of Correction. On appeal, the Defendant asserts that the evidence is insufficient to support his conviction and that the trial court erred when it sentenced him. After a thorough review of the record and the applicable law, we affirm the trial court’s judgment. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Erik Sean Potts
The Defendant-Appellant, Erik Sean Potts, entered a guilty plea to driving under the influence (“DUI”) by impairment (second offense) in exchange for dismissal of four other charges stemming from his DUI offense and a sentence of eleven months and twenty-nine days to be served on supervised probation after service of forty-five days of confinement. The Defendant reserved a certified question of law challenging the denial of his motion to suppress, which was based upon an unconstitutional search and seizure. After thorough review, we conclude that the certified question does not meet the requirements of Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure and State v. Preston, 759 S.W.2d 647 (Tenn. 1988), and, as a result, this court is without jurisdiction to consider the appeal. Accordingly, the appeal is dismissed. |
Maury | Court of Criminal Appeals | |
Dominick Ratliff v. State of Tennessee
In Case No. 113496, Dominick Ratliff, Petitioner, pled guilty to possession with intent to deliver more than 0.5 grams of methamphetamine in a drug-free zone and received a sentence of fifteen years’ incarceration with a 100 percent release eligibility. In Case No. 112791,1 Petitioner pled guilty to possession with intent to deliver more than 0.5 grams of methamphetamine and simple possession of a Schedule IV controlled substance. Pursuant to the plea agreement, Petitioner received concurrent sentences of eight years’ incarceration with a thirty percent release eligibility and eleven months and twenty-nine days’ incarceration, respectively. The trial court ran the sentences in both cases concurrently, for an effective fifteen-year sentence with a 100 percent release eligibility. Petitioner filed a timely post-conviction petition, alleging in part that his plea was unknowing and involuntary. The post-conviction court denied relief, and Petitioner now appeals. Following a thorough review of the record and law, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Lorenzo ONeal Barnhill
Defendant, Lorenzo Barnhill, claims the trial court erred by finding that he was a dangerous offender and ordering his four-year sentence in Case No. 2019-A-106 to be served consecutively to his effective seven-year sentence in Case No. 2019-A-334. After a review of the record and applicable law, we determine that the trial court provided reasons on the record establishing by a preponderance of the evidence that Defendant was an offender whose “record of criminal activity is extensive.” Tenn. Code Ann. § 40-35-115(b)(2). Because the trial court found one of the seven criteria listed in Tennessee Code Annotated section 40-35-115(b), the trial court did not abuse its discretion in aligning the sentences consecutively. We affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Dewey Burton, Jr. v. State of Tennessee
The petitioner, Dewey Burton, Jr., appeals the denial of his petition for post-conviction relief, which petition challenged his Knox County Criminal Court Jury conviction of aggravated child neglect, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of post-conviction relief. |
Knox | Court of Criminal Appeals | |
Unjolee Moore v. State of Tennessee
The Petitioner, Unjolee Moore, filed a petition for post-conviction relief in the Hamilton County Criminal Court, claiming that he received the ineffective assistance of counsel. After an evidentiary hearing, the post-conviction court filed an order denying relief, and the Petitioner filed a “motion to reconsider.” The post-conviction court granted the motion, vacated its order denying relief, and reopened the proof. Subsequently, the post-conviction court filed a second order denying relief. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel. The State argues that this appeal should be dismissed because the Petitioner’s notice of appeal was untimely. The State also argues that the timely filing requirement should not be waived and that even if this court waives timely filing, this court should disregard the evidence presented at the second evidentiary hearing because it is not part of the record. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the Petitioner’s notice of appeal was not untimely and that the evidence from the second evidentiary hearing is properly before us. However, we also conclude that the |
Hamilton | Court of Criminal Appeals | |
Millard Ellis Spurgeon v. State of Tennessee
Petitioner, Millard Ellis Spurgeon, appeals the denial of post-conviction relief from his 2015 Sevier County convictions for burglary, theft of property valued at $1,000 or more, vandalism of property valued at $1,000 or more, and possession of burglary tools, for which he received an effective sixteen-year sentence. Petitioner argues that he was denied the effective assistance of counsel at trial. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Sevier | Court of Criminal Appeals | |
Jabari Reynolds v. State of Tennessee
Jabari Reynolds, Petitioner, was convicted of one count of first degree premeditated murder and was sentenced to life imprisonment. This court affirmed his conviction on direct appeal. State v. Jabari Reynolds, No. E2015-00499-CCA-R3-CD, 2017 WL 936521 (Tenn. Crim. App. Mar. 9, 2017), perm. app. denied (Tenn. Aug. 16, 2017). Petitioner filed a post-conviction petition alleging that trial counsel was ineffective for failing to focus solely on a theory of voluntary manslaughter. The post-conviction court denied his petition, and Petitioner now appeals. Following a thorough review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Prentis S. Lee v. State of Tennessee
The Petitioner, Prentis S. Lee, filed a petition for post-conviction relief challenging his conviction for two counts of rape resulting in a ten-year sentence. The post-conviction court denied relief, and the Petitioner appeals. On appeal, the Petitioner alleges that he received ineffective assistance of counsel because trial counsel failed to properly explain the elements of two additional counts of rape in a superseding indictment. After our review, we affirm the judgment of the post-conviction court denying the Petitioner relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Rufus Stevens
The Defendant, Rufus Stevens, was convicted of aggravated rape, and the trial court sentenced him to serve eighteen years. On appeal, the Defendant contends that the trial court should have granted his motion to dismiss the indictment because the statute of limitations had run on the offense. The Defendant also contends that the trial court erroneously limited his questioning during voir dire and that it should have granted his motion to suppress several items of evidence. After review, we affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Earlesa McClellan
This is an Appeal by the State in which we are ask to conclude that a dismissal by a general sessions court for lack of probable cause is subject to de novo review by a circuit court, pursuant to Tennessee Code Annotated section 27-5-108. After the Madison County General Sessions Court dismissed the charge against Defendant, Earlesa McClellan, the district attorney general forwent a grand jury indictment and instead appealed to the Madison County Circuit Court. Finding that an appeal of a general sessions court’s probable cause determination to the circuit court is not proper procedure, the circuit court dismissed the appeal. The State now appeals to this Court. After a thorough review of the record, we dismiss the appeal for lack of jurisdiction. |
Madison | Court of Criminal Appeals | |
Mario Bowles v. State of Tennessee
The pro se Petitioner, Mario Bowles, appeals the denial of his petition for post-conviction relief, claiming that he was denied the effective assistance of counsel, that the post-conviction court judge was prejudiced against him, that the State engaged in prosecutorial misconduct, and that the trial and post-conviction courts lacked jurisdiction over the case. Based upon our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Myron Lorenzo Johnson v. State of Tennessee
The Petitioner, Myron Lorenzo Johnson, was convicted in the Davidson County Criminal Court of first degree premeditated murder, first degree felony murder, and especially aggravated robbery. The trial court merged the murder convictions and sentenced the Petitioner to life plus sixty years. Subsequently, the Petitioner filed a petition requesting DNA analysis of evidence pursuant to the |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jacobe Lamone Snipes
The defendant, Jacobe Lamone Snipes, appeals his Madison County Circuit Court jury convictions of attempted first degree murder, aggravated assault, employing a firearm during the commission of a dangerous felony, and two counts of gang enhancement, arguing that the trial court erred by admitting certain evidence and that the evidence was insufficient to support his convictions. Discerning no error, we affirm. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Shaughn Walker
A jury convicted the Defendant, Shaughn Walker, of robbery, and he was sentenced to serve ten years in the Community Corrections program. The Defendant appeals, asserting the trial court erred in denying his motion to suppress the victim’s identification from a photographic lineup; that the trial court erred in refusing to allow the Defendant to sit at the table with counsel during trial; that the trial court erred in denying a continuance, additional funding, or other relief after eyewitness identification expert Dr. David Ross used the allocated funding prior to trial and refused to testify absent additional payment; and that he is entitled to cumulative error relief. After a thorough review of the record, we discern no error and affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Shaughn Walker - Dissent
I respectfully disagree with the majority’s conclusion that the trial court did not err in refusing to grant a continuance and additional funding for an eyewitness identification expert. This case rested almost entirely on the victim’s identification of the Defendant as the perpetrator. Upon being notified by defense counsel the first day of trial that Dr. David Ross would not testify unless additional funds were provided, the trial court was understandably frustrated and concerned about further delay in this case. However, for the reasons that follow, I do not believe the trial court’s concerns about delay and expense warranted the severity of the sanction imposed on the Defendant. Because this case hinged on the victim’s identification and because the Defendant had already demonstrated a “particularized need” for state-funded expert assistance in the field of eyewitness identification, I believe the trial court erred in not granting a continuance and additional funds for a new expert. At the very least, I believe the trial court erred in not allowing testimony in some form from Dr. Jeffrey Neuschatz, who was available if the trial court had simply granted a one-day continuance. Because these errors were not harmless beyond a reasonable doubt, I would reverse the Defendant’s conviction and remand for a new trial. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Zachary Smith
Aggrieved of his Hickman County Circuit Court jury conviction of attempted domestic assault, the defendant, Zachary Smith, appeals, arguing that the trial court should have dismissed Count 1 of the indictment as duplicitous. Discerning no error, we affirm. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Universal Fire and Casualty Insurance Company Et Al.
Universal Fire and Casualty Insurance Company, acting as the Surety in the criminal cases of Shalisha Monique Settles (“defendant”), appeals from the judgment of the Williamson County Circuit Court ordering final forfeiture of her bond in the amount of $40,000. On appeal, the Surety argues it is entitled to relief based on its belief that the defendant was incarcerated under an alias in another state, making it “impossible” to fulfill its bond obligation. Upon review, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
Brian Adams v. State of Tennessee
The Petitioner, Brian Adams, filed a petition for post-conviction relief challenging his convictions for rape of a child and aggravated sexual battery and the resulting ninety-year sentence. The post-conviction court denied relief, and the Petitioner appeals. On appeal, the Petitioner alleges that he received ineffective assistance of counsel because trial counsel failed to adequately cross-examine the victim and failed to object to hearsay evidence from hospital personnel. After our review, we affirm the judgment of the post-conviction court denying the Petitioner relief. |
Court of Criminal Appeals | ||
State of Tennessee v. LaVonte Lamar Douglas
The Defendant, LaVonte Lamar Douglas, appeals as of right from his convictions for first degree felony murder and attempted aggravated robbery, for which the trial court imposed an effective sentence of life imprisonment. The Defendant argues that (1) the evidence was insufficient to support his convictions because his involvement was based upon uncorroborated accomplice testimony and no direct evidence linked him to the offenses; (2) his right to confront a witness was violated when a police witness referenced a nontestifying co-defendant’s statement; and (3) his mandatory life sentence is unconstitutional in light of his status as a juvenile at the time of the offenses. After a thorough review of the record and applicable law, we affirm. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Kevin McDougle
The Appellant, Kevin McDougle, appeals the Shelby County Criminal Court’s summary denial of his pro se motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. On appeal, the Appellant contends that we should remand the case for the appointment of counsel and an evidentiary hearing because his motion states a colorable claim. Based upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals |
