State of Tennessee v. Marcin Mikolajczak
The appellant, Marcin Piotr Mikolajczak, pled nolo contendere to a charge of rape. As part of the plea agreement the appellant was sentenced as a standard offender for a Class B felony with the manner of service to be determined by the trial court. At the conclusion of the sentencing hearing, the trial court sentenced the appellant to serve eight years with the Department of Correction at 100% as a violent offender, without probation, split confinement or other alternative sentencing. The appellant now appeals alleging that the trial court erred in not granting alternative sentencing. After a review of the record, we affirm the judgment of the trial court. |
Cheatham | Court of Criminal Appeals | |
State of Tennessee v. Matthew Stalcup
The defendant, Matthew Stalcup, pled guilty in the Union County Criminal Court to reckless vehicular homicide, a Class C felony, and driving under the influence (DUI), a Class A misdemeanor. Pursuant to the plea agreement, the trial court sentenced him to eleven months, twenty-nine days at seventy-five percent for the DUI conviction and prohibited him from driving for one year. After a sentencing hearing for the reckless vehicular homicide conviction, the trial court sentenced him to five years to be served as one year in jail and the remainder suspended upon his serving ten years on supervised probation. The trial court also prohibited him from driving for ten years, ordered that the five-year sentence be served consecutively to the eleven-month, twenty-nine-day sentence, and ordered that the ten-year driving prohibition be served concurrently to the one-year prohibition. The defendant appeals his sentence for reckless vehicular homicide, claiming (1) that the trial court erred by denying his request for judicial diversion, (2) that the trial court erred by denying his request for full probation, (3) that the trial court improperly weighed enhancement and mitigating factors, (4) that the trial court erred by ordering that he serve the five-year sentence consecutively to the eleven-month, twenty-nine-day sentence, and (5) that the trial court's prohibiting him from driving for ten years is excessive. We affirm the sentence, except we conclude that the defendant should be prohibited from driving for five years. |
Union | Court of Criminal Appeals | |
William Patrick Robinson v. State of Tennessee
The Petitioner, William Patrick Roberson, pled guilty to first degree felony murder and especially aggravated robbery. The trial court sentenced the Petitioner to life without the possibility of parole. The Petitioner did not appeal his convictions or his sentence and later filed a petition for postconviction relief, alleging that he was denied effective assistance of counsel and that his guilty plea was not knowingly and voluntarily given. The post-conviction court summarily dismissed the petition, holding that it failed to state a factual basis for the grounds alleged. Based upon our de novo review, we conclude that the post-conviction court erred by summarily dismissing the petition because the petition adequately states a factual basis for ineffective assistance of counsel and the involuntariness of his guilty plea. Accordingly, we reverse the post-conviction court’s judgment and remand to the post-conviction court for appointment of counsel and the opportunity for counsel to amend the petition. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Carla Prince
Following a jury trial, the defendant, Carla Juanita Prince, was convicted of DUI, first offense, a Class A misdemeanor, and reckless driving, a Class B misdemeanor. She was sentenced, respectively, to eleven months, twenty-nine days, suspended except for forty-eight hours, and six months, suspended except for forty-eight hours. The two forty-eight-hour jail terms were ordered to be served consecutively, and the probationary terms were ordered to be served concurrently. Additionally, her driver's license was revoked for one year and she was fined a total of $360. On appeal, the defendant argues that the evidence was insufficient to support her conviction for DUI. Following our review, we affirm the judgments of the trial court. |
Franklin | Court of Criminal Appeals | |
State of Tennessee v. Jonathan Abernathy
The Defendant, Jonathan Abernathy, Jr., was convicted by a jury of tampering with evidence. In this appeal, the Defendant argues that the trial court erred by not suppressing testimony of police officers regarding the actions they witnessed the Defendant take during their search of his residence. He contends that the search was illegal because the search warrant that the officers executed at his residence was invalid; therefore, the officers should have been precluded from testifying as to what they witnessed while they were at the Defendant's residence. We affirm the judgment of the trial court. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. Charles Eldridge
The defendant appeals the revocation of his probation, arguing there was no substantial evidence he violated the terms of his probation, the trial court erred in allowing his probation officer to testify that he failed a drug screen, and the reinstatement of his original sentence resulted in too harsh a punishment under the circumstances of his case. Based on our review, we affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Muhammed Nuridden
The appellant, Muhammed Nuridden, was found guilty by a jury in the Hamilton County Criminal Court of possession of more than .5 grams of cocaine with the intent to sell or deliver. Additionally, the appellant pled guilty to driving on a revoked license and possession of marijuana. The appellant received a total effective sentence of nine years in the Tennessee Department of Correction. On appeal, the appellant raises numerous issues for our review, including evidentiary issues and the sufficiency of the evidence. Upon our review of the record and the parties' briefs, we reverse the appellant's conviction for possession of more than .5 grams of cocaine with the intent to sell or deliver and remand for new trial. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Richard Daniel Filauro
The defendant, Richard Daniel Filauro, appeals as of right the Davidson County Criminal Court's denial of his motion to withdraw his guilty pleas to two counts of rape of a child, Class A felonies. At the guilty plea hearing, the trial court imposed two concurrent twenty-five-year sentences, as provided in the plea agreement. In addition, the agreement stipulated that the defendant would not receive pretrial jail credit for the eighteen months he spent in jail before agreeing to plead guilty. The defendant contends that he should be allowed to withdraw his guilty pleas (1) because the trial court did not have jurisdiction to accept his pleas and (2) because his guilty pleas are manifestly unjust. We conclude that the defendant's sentence is illegal, that his guilty pleas are manifestly unjust, and that he should be allowed to withdraw his pleas. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Faris Abd Al-Ali
A jury convicted the Defendant, Faris Abd Al-Ali, of rape of a child. The Defendant was subsequently sentenced to twenty-two years of incarceration for this offense. In this direct appeal, the Defendant contends that the trial court erred when it refused to suppress his statement, and also contends that he is entitled to a new trial because the State failed to elect upon which offense it was seeking a conviction. Finding no merit in the Defendant's contentions, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
Charlie M. Gardner v. State of Tennessee
The Defendant, Charlie M. Gardner, was convicted by a jury of first degree murder and two counts of aggravated assault. In this post-conviction proceeding, the Defendant alleges that he received the ineffective assistance of counsel during his trial; that he was denied due process by being denied the right to testify; and that the trial court erred in one of its jury instructions. After an evidentiary hearing, the trial court denied relief and this appeal followed. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Christopher Linsey
The Defendant, Christopher Demotto Linsey, pled guilty to simple possession of cocaine, a Class A misdemeanor. As part of his plea agreement, he expressly reserved with the consent of the trial court and the State the right to appeal a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). The certified question of law stems from the trial court's denial of the Defendant's motion to suppress the evidence seized as a result of a police officer stopping the Defendant's automobile. We affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Marion Laughrun
The appellant, Marion Shawn Laughrun, pled guilty to two counts of theft in the Washington County Criminal Court and received a total effective sentence of two years and one day in the Tennessee Department of Correction. The trial court granted the appellant probation on both of his sentences. While on probation, the appellant pled guilty to attempted robbery and received a sentence of four years incarceration in the Tennessee Department of Correction. As a result of the new conviction, the trial court revoked the appellant's probation on the theft convictions and ordered the original sentences to be served in confinement. Additionally, the court refused to grant the appellant an alternative sentence on the attempted robbery conviction. The appellant appeals both the probation revocation and the denial of alternative sentencing. Upon review of the record and parties' briefs, we affirm the judgments of the trial court. |
Washington | Court of Criminal Appeals | |
Annie Ruth Gilkerson v. State of Tennessee
The petitioner, Annie Ruth Gilkerson, appeals from the post-conviction court's dismissal of her petition for post-conviction relief. Because the petition is barred by the statute of limitations, the judgment is affirmed. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Fred Maines
The appellant, Fred L. Maines, was indicted by the Sullivan County Grand Jury for driving under the influence, fourth offense, a Class E felony. The appellant subsequently pled guilty to driving under the influence, first offense, a Class A misdemeanor, with the sentence to be determined by the trial court. Following a hearing, the trial court sentenced the appellant to eleven months and twenty-nine days confinement in the county jail, to be served at seventy-five percent. The trial court also imposed a three hundred fifty dollar ($350) fine and suspended the appellant's driver's license for one year. On appeal, the appellant contends that the trial court erred by ordering the appellant to serve seventy-five percent of his sentence in confinement. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Vincent Jackson
A jury convicted the defendant of premeditated first degree murder, and the trial court sentenced him to life imprisonment. On appeal, the defendant contends: (1) the trial court erred in denying his motion to suppress his statement to the police; (2) the trial court erred in denying his motion for a new trial due to jury misconduct; and (3) the evidence is insufficient to support his conviction. We reduce the conviction to second degree murder and remand for sentencing. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ricky Allen Davis
The appellant, Ricky Allen Davis, was convicted by a Franklin County Jury of one count of assault, a Class A misdemeanor; two counts of vandalism under $500, Class A misdemeanors; and one count of disorderly conduct, a Class C misdemeanor. Following a sentencing hearing, the trial court sentenced the appellant on each of the Class A misdemeanors to eleven months and twenty-nine days confinement and on the Class C misdemeanor to thirty days confinement to be served in the county jail at seventy-five percent. On appeal, the appellant contends that the trial court erred by allowing the victim's mother to testify at the sentencing hearing regarding the victim's nightmares resulting from the assault. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. |
Franklin | Court of Criminal Appeals | |
Thomas Farr v. State of Tennessee
The Defendant, Thomas Farr, pled guilty to one count of second degree murder and two counts of solicitation to commit first degree murder. In accordance with the plea agreement, the Defendant was sentenced to thirty years on the murder charge and to eight years on each of the solicitation charges, which terms were concurrent to each other but consecutive to the thirty year term, for an effective sentence of thirty-eight years. The Defendant subsequently filed for post-conviction relief on the grounds that his lawyer was ineffective and that his plea was not knowingly and voluntarily entered. After a hearing, the trial court denied relief. This appeal followed. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Allison L. Brewington
The Appellant, Allison L. Brewington, appeals the decision of the Davidson County Criminal Court revoking his probation and ordering reinstatement of his original sentence. Brewington pled guilty to the aggravated assault of his girlfriend on October 28, 2002, and received a four-year suspended sentence. On December 5, 2002, a warrant was issued, alleging that Brewington violated his probation by harassing the victim on two occasions and failing to report his arrests for these offenses to his probation officer. On appeal, Williams raises the following issues for our review: (1) whether the trial court erred in revoking his probation because the State failed to prove by a preponderance of the evidence that he was guilty of harassment, (2) whether the trial court erred by requiring him to serve his entire sentence in confinement, and (3) whether the trial court improperly considered allegations not contained within the violation warrant. After review, we find that the trial court did not abuse its discretion by revoking Brewington’s probation and ordering reinstatement of his original four-year sentence. |
Davidson | Court of Criminal Appeals | |
Monoleto Green v. State of Tennessee
Monoleto D. Green appeals from the Rutherford County Circuit Court's denial of his petition for post-conviction relief. He claims that he did not receive the effective assistance of counsel in the conviction proceedings and, as a result, his guilty plea was involuntary. Because he has failed to demonstrate error in the lower court's ruling, we affirm. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Corey Radley
A jury convicted the Defendant, Corey Lamont Radley, of second degree murder. The trial court subsequently sentenced him as a Range I offender to twenty-five years of incarceration. In this direct appeal, the Defendant challenges the sufficiency of the evidence; contests the admission of certain evidence; and complains that his sentence is excessive. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Mary Lucinda Washington
The defendant was convicted of reckless homicide for the stabbing death of her adult daughter. The trial court sentenced the defendant to a maximum sentence of four years for a Class D felony as a Range I offender. The defendant appeals this sentence claiming it is excessive and that the trial court erred in permitting the judge who presided over the defendant’s preliminary hearing to testify at the sentencing hearing. We find these issues do not merit a reversal of this case and affirm the trial court’s decision to impose the maximum sentence. |
Gibson | Court of Criminal Appeals | |
Donna Jean Sexton v. State of Tennessee
The petitioner, Donna Jean Sexton, appeals from the judgment of the Carter County Circuit Court denying her post-conviction relief from her convictions for first degree murder and aggravated robbery. The petitioner contends that (1) the post-conviction court erred by concluding that her amended, comprehensive petition was invalid because it was not properly verified under oath; (2) she received the ineffective assistance of counsel because her attorneys misinformed her as to the length of her sentence for first degree murder; and (3) her nolo contendere pleas were not knowingly, intelligently, and voluntarily made because the trial court never informed her that she was waiving constitutional rights and there was an insufficient factual basis for the petitioner's pleas. Although we conclude that the amended petition was not properly verified, we conclude the trial court correctly proceeded on all issues raised by the petitioner. We also hold that the trial court's findings and conclusions relative to the petitioner's claims are affirmed. |
Carter | Court of Criminal Appeals | |
Jerry Mitchell v. State of Tennessee
Jerry Mitchell appeals from the Davidson County Criminal Court's denial of his petition for post-conviction relief, in which he claimed that his guilty plea to the offense of attempted first degree murder was involuntary because his attorney erroneously advised him that he would serve only three years of his fifteen year sentence. The lower court found that the petitioner failed to prove his claim by clear and convincing evidence and denied relief. Because the petitioner has not carried his appellate burden of demonstrating error in the lower court's ruling, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. David K. Wachtel, III
The appellant, David K. Wachtel, III, was convicted in the Sumner County Criminal Court of three counts of domestic assault. The trial court imposed a sentence of eleven months and twenty-nine days incarceration in the Sumner County Jail for each conviction, with one sentence consecutive to the other two, and placed the appellant on probation. On appeal, the appellant raises issues concerning the trial court's rulings, the sufficiency of the evidence supporting his convictions, and sentencing. Upon our review of the record and the parties' briefs, we affirm the judgments of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Anthony Lamont Singleton
The defendant, Anthony Lamont Singleton, pled nolo contendere to aggravated assault, a Class C felony; possession of marijuana, fourth offense, a Class E felony; evading arrest and possession of drug paraphernalia, Class A misdemeanors; and resisting arrest, a Class B misdemeanor. The trial court sentenced him as a Range I, standard offender to an effective five-year sentence. After a sentencing hearing, the trial court ordered that he serve his sentences in confinement. The defendant appeals, claiming that the trial court should have sentenced him to community corrections. We affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals |
