State of Tennessee v. Robert Dennis Heisinger
The appellant, Robert Dennis Heisinger, was convicted by a jury of one count of theft of property valued at $10,000 or more but less than $60,000. He was sentenced as a Range II offender to an eight-year sentence in the Tennessee Department of Correction. On appeal, he challenges the length of his sentence and the failure of the trial court to grant him alternative sentencing. We affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
Arnold Carter v. State of Tennessee
The petitioner, Arnold Carter, appeals the trial court's dismissal of his petition for writ of habeas corpus. The State has filed a motion requesting that this Court dismiss the appeal or, in the alternative, affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petitioner has not established a valid claim for habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Monroe | Court of Criminal Appeals | |
Thurman Pete Rolland, pro se v. State of Tennessee
The Petitioner, Thurman Pete Rolland, appeals the trial court's dismissal of his third petition for post conviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner had no authority to file a third petition for post-conviction relief, and the statute of limitations had expired. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jacob Campbell
A Davidson County jury convicted the defendant, Jacob Edward Campbell, of premeditated first degree murder, felony murder, and robbery, and the trial court merged the two murder convictions into a single offense of first degree murder. Thereafter, the jury sentenced the defendant to life imprisonment with the possibility of parole for first degree murder, and the trial court imposed a ten-year sentence for the robbery conviction to be served consecutively to the defendant's life sentence. On appeal, the defendant contends that: (1) the evidence was insufficient to support his convictions; (2) the trial court erred by admitting into evidence crime scene photographs of the murder victim; (3) the trial court erred by admitting into evidence testimony regarding pills found on the defendant when he was arrested; (4) the trial court erred by allowing a State's witness to read to the jury a summary of the witness's pre-trial statement to police; (5) the trial court erred by denying the defendant's request to introduce a prior recorded statement of an unavailable witness to impeach a State's witness; (6) the trial court erred by not clarifying its jury charge that the jury could not consider evidence introduced at trial concerning the co-defendant; and (7) the trial court erred by ordering that the sentence for robbery run consecutively to the defendant's life sentence. Finding no reversible error, we affirm the trial court's judgments. |
Davidson | Court of Criminal Appeals | |
Anthony D. McDaniel, pro se., v. Bruce Westbrooks
The Petitioner, Anthony D. McDaniel, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Christopher Michael Schmidt
This matter is before the Court upon the State’s motion to affirm the judgment of the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Appellant, Christopher Michael Schmidt, appeals the trial court’s denial of a writ of habeas corpus. The only issue for this Court’s review is whether the trial court committed error by its order of transfer of the Appellant to the temporary custody of the State of Delaware. Finding no error committed by the trial court, this Court concludes that the judgment of the trial court should be affirmed. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Lenzo Sherron A/K/A Salaam Shabazz
The defendant was convicted of aggravated robbery, a Class B felony, and sentenced to ten years as a standard offender. The defendant has filed a pro se appeal of right of his conviction, posing the following issues for our review: 1) Whether the evidence was sufficient beyond a reasonable doubt to support the defendant’s conviction for aggravated robbery; 2) Whether the State improperly withheld exculpatory and impeachment evidence; and 3) Whether the trial court failed to investigate a conflict of interest before appointing new counsel. After careful review, we affirm the conviction. |
Dyer | Court of Criminal Appeals | |
Odean Cooper v. State of Tennessee
The petitioner appeals the lower court’s denial of his post-conviction relief petition following his guilty plea to possession of less than .5 grams of cocaine with intent to deliver. On appeal, the petitioner contends: (1) he received ineffective assistance of counsel; and (2) he did not knowingly and voluntarily enter his guilty plea. We affirm the judgment of the post-conviction court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. James Stacy Carroll
The defendant, James Stacy Carroll, appeals from his Carroll County Circuit Court conviction of driving a vehicle in violation of a motor vehicle habitual offender order. He challenges the sufficiency of the convicting evidence. We hold that the evidence is sufficient to support the conviction and affirm the conviction. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Thelisa Emery and Maurice Emery
The defendants, Thelisa Emery and Maurice Emery, sister and brother, were each convicted in a joint jury trial of possession with intent to sell .5 grams or more of cocaine, possession of marijuana, and possession of drug paraphernalia. On appeal, Thelisa Emery claims that the convicting evidence is insufficient and that the trial court erred in not severing the defendants’ trials, in allowing testimony about Thelisa Emery’s use of cocaine, in allowing evidence of her prior sale of cocaine, and in instructing the jury as to her guilt via criminal responsibility for the acts of Maurice Emery. Maurice Emery raised some of the same issues, but because he failed to file a timely motion for new trial, appellate review of his convictions is limited to the sufficiency of the convicting evidence. Discerning no reversible error with respect to either defendant, we affirm the judgments of the trial court. |
Gibson | Court of Criminal Appeals | |
Ricco Saine v. State of Tennessee
Aggrieved that the lower court denied post-conviction relief following an evidentiary hearing, the petitioner, Ricco Saine, appeals and claims that his aggravated burglary conviction resulted from ineffective assistance of counsel and an involuntary guilty plea. We affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
Quincy Henderson v. State of Tennessee
The petitioner, Quincy Henderson, appeals the Shelby County Criminal Court’s dismissal of his post-conviction petition, in which he claimed that his second degree murder conviction was constitutionally infirm because of ineffective assistance of trial counsel. Upon our review of the record, the parties’ briefs, and the applicable law, we affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v . Sandy Marie McKay
The defendant, Sandy Marie McKay, pled guilty to attempted aggravated child neglect, a Class B felony. After a hearing, the trial court sentenced the defendant as a Range I standard offender to nine years in the Department of Correction. The defendant now appeals, contesting both the length and manner of service of her sentence. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. David Sonnemaker
The Defendant, David W. Sonnemaker, appeals from the Hamilton County Criminal Court's revocation of his probation that he received for his guilty plea to sexual battery. The Defendant contends that: (1) he did not receive effective assistance of counsel at his probation revocation hearing; and (2) he was not provided adequate notice of the probation violation or given an opportunity to be heard. We affirm the lower court's judgment. |
Hamilton | Court of Criminal Appeals | |
Allen R. Carlton, pro se v. State of Tennessee
The Petitioner, Allen R. Carlton, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
Harold Woodroof, pro se v. State of Tennessee
The Petitioner, Harold Woodroof, appeals the trial court's denial of his petition for post-conviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner failed to file his post-conviction petition within the one year statute of limitations. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael Lenard Hall
Michael Lenard Hall appeals from his Knox County Criminal Court conviction of first degree murder of his ex-wife, Pamela Hall. He claims that insufficient evidence supports his conviction, that the jury instructions were flawed, and that the prosecution denied him a fair trial through improper questioning of witnesses and improper argument. Because we agree with the defendant that the state failed to present sufficient proof of premeditation, we modify the first degree murder conviction and impose a second degree murder conviction in its place. However, we are unpersuaded of error warranting a new trial. We remand for sentencing on the second degree murder conviction. |
Knox | Court of Criminal Appeals | |
Jason Blake Bryant v. State of Tennessee
The petitioner filed a Petition for Post-conviction Relief September 26, 2001. After holding a hearing on the petition, the trial court denied the petition. The petitioner appealed the trial court's decision. We have reviewed the petitioner's many issues, including allegations of ineffective assistance of counsel and entry of an involuntary guilty plea, and we affirm the trial court's decision to deny the petition for post-conviction relief. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Robert Simerly
The defendant, Robert Simerly, appeals from his Johnson County Criminal Court conviction of first degree felony murder. On appeal, he claims: 1. The convicting evidence is insufficient. 2. The trial court erred in allowing evidence of non-testifying co-defendants' and accomplices' statements that inculpated the defendant. 3. The trial court erred in denying a mistrial when (a) an officer testified that, during pretrial questioning, the defendant requested an attorney, and (b) another witness testified that he had been threatened during the trial. 4. The trial court erred in the admission of expert testimony. 5. The trial court erred in the admission of a prejudicial videotape that depicted the deceased victim's face. 6. The trial court erred in excluding the defendant's proffered evidence of judgments of convictions of two state witnesses. 7. The trial court erred in failing to instruct the jury on a lesser included offense. Discerning no reversible error in the proceedings below, we affirm the judgment. |
Johnson | Court of Criminal Appeals | |
Joe Martin v. State of Tennessee
The petitioner appeals the denial of his post-conviction relief petition relating to his convictions for first degree murder, attempted first degree murder, and attempted second degree murder. On appeal, the petitioner contends: (1) the state withheld exculpatory evidence; (2) the state failed to correct perjured testimony at trial; and (3) he received ineffective assistance of counsel at trial. Upon review of the record and the applicable law, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Kevin Tate, pro se., v. Bruce Westbrook, Warden
The Petitioner, Kevin Tate, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
Eddie Dean Hall v. State of Tennessee
Petitioner, Eddie Dean Hall, pled guilty to two counts of first degree murder and received concurrent sentences of life without parole. No direct appeal was taken. Petitioner timely filed a petition for post-conviction relief, alleging that counsel was ineffective and that his guilty plea was not knowingly and voluntarily entered. Petitioner appeals from the trial court's denial of post-conviction relief. After a careful review of the record, we affirm the judgment of the trial court. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. James Anthony Hill
The defendant, James Anthony Hill, was convicted of possession of a weapon in a penal institution, a Class C felony, and sentenced as a Range III, persistent offender to thirteen years in the Department of Correction. On appeal, he argues: (1) the trial court erred in not instructing the jury as to the lesser-included offense of possession of a prohibited weapon; (2) the evidence was insufficient to support his conviction; and (3) his sentence is excessive. Following our review, we affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Darrell Davon King
After being indicted on two counts of rape by force, two counts of rape, two counts of incest, and one count of sexual battery, the appellant, Darrell Davon King, pled guilty to two counts of rape, for which he received two, concurrent eight-year sentences at 100% service. The manner of the service of the sentences was left open. The trial court subsequently ordered the appellant to serve the sentences in incarceration. On appeal, the appellant argues that the trial court erred in denying him probation or community corrections. Upon review of the record and the parties' briefs, we conclude that the trial court erred in failing to state on the record its reasons for denying probation and/or a community corrections sentence. As a result we REVERSE the trial court's sentencing order and REMAND with directions that the trial court make specific findings of fact with respect to its sentencing determinations |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Joey Thomas Holland
The Appellant, Joey Thomas Holland, appeals the judgment of the Robertson County Circuit Court denying his petition for writ of error coram nobis. Holland was convicted by a jury of two counts of aggravated sexual battery of his minor son. Holland alleges that his convictions should be set aside because the victim recanted his trial testimony. After a thorough review of the record, we affirm the decision of the trial court denying the petition. |
Robertson | Court of Criminal Appeals |
