State of Tennessee v. Thomas Marion Hardin
Defendant, Thomas Marion Hardin, entered "open" pleas of guilty to two counts of sale of cocaine in an amount of 0.5 grams or more, and one count of conspiracy to sell cocaine in an amount of 0.5 grams or more. Following a sentencing hearing, the trial court sentenced Defendant to serve ten years as a Range I standard offender for each Class B felony conviction for sale of cocaine, and to four years to serve as a Range I standard offender to the Class C felony conviction for conspiracy. The sentences for the sale of cocaine convictions were ordered to be served concurrently with each other, and the conspiracy charge was ordered to be served consecutively to the convictions for sale of cocaine. Therefore, the effective sentence was fourteen years of confinement. In his sole issue on appeal, Defendant argues that the trial court erred by not ordering his sentence to be served in the Community Corrections Program, rather than by incarceration. After a review of the briefs of the parties and the entire record, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Donald W. Brymer, Jr.
The Defendant, Donald W. Brymer, Jr., appeals from the Williamson County Circuit Court's revocation of his probation that he received for his guilty plea to one count of statutory rape. The Defendant contends that the trial court abused its discretion by revoking his probation and sentencing him to confinement. We affirm the trial court's judgment. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. David G. Housler
A Montgomery County jury convicted the Appellant, David G. Housler, of four counts of felony murder. Housler's convictions stem from the robbery of a Clarksville Taco Bell and the execution-style murders of four of its employees. Following a sentencing hearing, the trial court imposed four consecutive life sentences. Housler appeals, presenting the following issues for our review: (1) Whether his confessions were properly admitted into evidence when the State and the trial court knew the confessions were false and unreliable; (2) Whether the State committed prosecutorial misconduct by using the recanted testimony of Robert Eastland, Robert Dawson, and Michael Miller and by failing to inform defense counsel or the trial court that Jeremy Thompson had recanted his statement; (3) Whether he is entitled to a new trial based upon the newly recanted testimony of Larry Underhill; (4) Whether the trial court erred in denying a new trial when a juror fell asleep during the trial; (5) Whether the Mathews time-line proves his innocence; (6) Whether the State prosecuted Housler and Courtney Mathews under inconsistent theories; and (7) Whether consecutive sentencing was proper. After review, we find no error of law requiring reversal. Accordingly, we affirm Housler's convictions and the imposition of four consecutive life sentences. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Andrew Thomas and Anthony Bond
Defendants Andrew Thomas and Anthony Bond appeal as of right their convictions for the first degree felony murder of Loomis Fargo employee, James Day, during the perpetration of a robbery. Following a separate sentencing hearing, the jury found, as to each defendant, that the proof supported one aggravating circumstance beyond a reasonable doubt, that is, the defendant had been previously convicted of one or more violent felonies. See Tenn. Code Ann. § 39-13-204(i)(2). With respect to Defendant Thomas, the jury further determined that the aggravating circumstance outweighed any mitigating circumstances beyond a reasonable doubt, and sentenced Defendant Thomas to death. As to Defendant Bond, the jury found that the aggravating circumstance did not outweigh the mitigating circumstances and imposed a sentence of life without the possibility of parole. The trial court approved the sentencing verdicts. In this appeal as of right, Defendant Thomas raises the following issues for this Court’s review: (1) the sufficiency of the evidence; (2) whether the trial court erred by denying various pre-trial motions; (3) whether the trial court erred by failing to continue the case after the events of September 11, 2001; (4) whether the trial court erred by excusing prospective juror Pannell for cause; (5) whether the trial court erred by admitting photographs of the victim; (6) whether the trial court erred by admitting items from Defendant’s prior federal trial arising out of the robbery; (7) whether the trial court erred in restricting the Defendant’s impeachment of Angela Jackson; (8) whether the trial court erred in failing to voir dire a prospective witness regarding her relationship with defense witness Russell Carpenter; (9) whether the trial court erred in sustaining an objection to the testimony of John Hibbler; (10) whether the trial court erred in permitting testimony regarding fingerprints despite stipulation; (11) whether the trial court erred in the admission of expert testimony; (12) whether the trial court erred by failing to charge lesser-included offenses of felony murder; (13) whether the trial court erred by failing to charge the jury with an accomplice instruction; (14) whether it was plain error for the State to refer to Thomas and Bond as “Greed and Evil” in opening statement and closing argument; (15) whether the trial court erred in permitting the State to argue that the jury had a job to find the Defendants guilty; (16) whether the trial court erred by not instructing on specific mitigating factors; (17) whether the trial court erred by permitting the State to cross-examine the Defendant’s mother regarding disciplinary actions taken against the Defendant while in prison; (18) whether the verdict 2 of the jury was against the weight of the evidence; (19) whether the indictment failed to charge a capital offense; (20) whether the death penalty violates international treaties ratified by the United States; (21) whether the Tennessee death penalty scheme is unconstitutional; and (22) whether the sentence is proportionate. Defendant Bond raises the following issues: (1) whether it was error for the trial judge to fail to recuse himself for failure to follow Local Rule 4.01; (2) whether the trial court erred by overruling Bond’s objection to the testimony of Dr. Smith; (3) whether the trial court erred by declaring Dr. Smith an expert in firearms identification; (4) whether the trial court erred by permitting the prosecution to engage in improper argument; (5) whether the trial court erred by permitting the prosecution to elicit testimony from Angela Jackson regarding her attendance at trial; and (6) whether the trial court erred by failing to instruct the jury as to lesser-included offenses of felony murder. After review of the record and the applicable law, we find no errors of law requiring reversal as to Defendant Thomas. Accordingly, we affirm the jury’s verdict finding Defendant Thomas guilty of first degree murder. Additionally, we affirm the jury’s imposition of the sentence of death as to Defendant Thomas. However, with respect to Defendant Bond, we are unable to conclude that the failure of the trial court to instruct the jury as to the lesser-included offenses of felony murder was harmless beyond a reasonable doubt. Accordingly, we vacate Defendant Bond’s conviction for felony murder and accompanying sentence of life without the possibility of parole. With respect to Defendant Bond, this matter is remanded to the trial court for a new trial. |
Shelby | Court of Criminal Appeals | |
Thomas Poston Studdard v. State of Tennessee
The petitioner was indicted on three counts of rape of a child, a Class A felony, and pled guilty to one count of incest, a Class C felony, in exchange for an eight-year sentence as a Range II, multiple offender. Following his conviction, he filed a timely motion for reduction of sentence pursuant to Rule 35 of the Tennessee Rules of Criminal Procedure. After conducting a hearing, the trial court denied the motion, and the petitioner appealed to this court. We agree that the petitioner should be allowed to withdraw his plea of guilty, although for a different reason than he argues. Incest, to which he pled guilty, is not a lesser-included offense of rape of a child, and the record on appeal does not reflect that the indictment was amended to charge incest. Accordingly, we vacate the judgment of conviction and remand this matter to the trial court. |
Dyer | Court of Criminal Appeals | |
Roger Lynn Perry, pro se., v. Tony Parker, Warden
The Petitioner, Roger Lynn Perry, 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. Because Petitioner has failed to allege a ground for relief which would render the judgment void, we grant the State's motion and affirm the judgment of the lower court. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Andrew Thomas and Anthony Bond - Concurring/Dissenting
I agree with the majority opinion in all respects with one exception. The majority opinion concludes the failure of the trial court to charge the lesser-included offense of facilitation of felony murder as to Defendant Bond was not harmless error. I respectfully disagree with this conclusion. |
Shelby | Court of Criminal Appeals | |
James H. Crawford v. State of Tennessee
On March 23, 1998, The petitioner pled guilty to six (6) counts of attempt to commit incest and six (6) counts of attempt to commit rape. He was sentenced to six (6) years for each count, all to be served concurrently to each other. On March 20, 2002, he filed a Petition for Post-Conviction Relief. He based his petition on two grounds of relief, attorney misrepresentation and DNA analysis under Tennessee Code Annotated section 40-30-403. The trial court dismissed the petition as time-barred on the attorney misrepresentation issue and as not meeting the statutory requirements on the DNA issue. The petitioner appeals the trial court's decision. We affirm the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Michael David Totty
Defendant, Michael David Totty, was indicted on one count of burglary of a building other than a habitation, a Class D felony, and one count of theft of property over $1,000 but less than $10,000, a Class D felony. The jury found Defendant guilty of the lesser-included offense of facilitation of a burglary other than a habitation on count one and guilty on count two, theft of property. The trial court sentenced Defendant as a Range III persistent offender to ten years on the theft conviction and six years on Defendant’s conviction of facilitation of a burglary. The trial court ordered Defendant’s sentences to run concurrently for an effective sentence of ten years. Defendant does not appeal his sentence. On appeal, Defendant argues that the trial court’s denial of his motion for a continuance prevented Defendant from securing a material witness for trial and denied his counsel an adequate opportunity to evaluate Defendant’s competency to stand trial. Defendant also argues that the evidence was insufficient to support his convictions. After a thorough review of the record, we affirm the judgments of the trial court. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Leroy Nevils
The defendant was convicted of DUI, second offense. He contends that 1) the evidence was insufficient, 2) the trial court erred in instructing the jury on reasonable doubt, 3) the trial court erred in instructing the jury as to the inference from refusal to submit to a chemical test, and 4) the trial court erred in failing to grant the motion to strike the enhancement count. The judgment of the trial court is affirmed. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Leroy Nevils - Concurring
I concur in the results reached in the majority opinion. However, I question whether a “reasonable certainty” equates to a “moral certainty” relative to the definition of reasonable doubt in Tennessee. Also, I believe that trial courts in this state should not be using varying definitions of reasonable doubt. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. David Kyle Gilley
Pursuant to Rule 9, Tennessee Rules of Appellate Procedure, both the defendant and the State were granted appeals from an interlocutory order of the trial court granting in part, and denying in part, Defendant's motion to exclude Rule 404(b), Tennessee Rules of Evidence, testimony. After a careful review of the evidence, we affirm in part and reverse in part the trial court's order. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Dennis Ray Jones and Pamela Kay Barker
Appellant Dennis Ray Jones was convicted in the Henry County Circuit Court of manufacturing methamphetamine and was sentenced to three years incarceration in the Tennessee Department of Correction. Appellant Pamela Kay Barker was convicted of criminal responsibility for facilitating the manufacturing of methamphetamine and was sentenced to two years incarceration in the Tennessee Department of Correction. On appeal, the appellants raise numerous issues, including the trial court’s ruling on a motion to suppress, the sufficiency of the evidence, and sentencing. Upon review of the record and the parties’ briefs, we affirm the judgments of the trial court but remand for a correction of Appellant Barker’s judgment of conviction. |
Henry | Court of Criminal Appeals | |
State of Tennessee v. Dennis Ray Jones and Pamela Kay Barker - Concurring/Dissenting
I concur in affirming defendant Jones’s conviction of manufacturing methamphetamine but respectfully dissent from affirming Barker’s conviction of facilitation of the same offense. |
Henry | Court of Criminal Appeals | |
Anthony Murff v. State of Tennessee
This is an appeal by the petitioner from the denial of his post-conviction relief petition. The petitioner was originally convicted of especially aggravated robbery and sentenced to 60 years at 100% service. After careful review, we affirm the denial of post-conviction relief. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Danny Wayne Arnold
The defendant was convicted of robbery under a theory of criminal responsibility for the conduct of another. The defendant contends the evidence was insufficient to sustain his conviction. We conclude a reasonable jury could have inferred the defendant's intent to assist in the robbery based upon his contemporaneous assault on the victim. We affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Cecil Moss
Defendant, Cecil Moss, appeals from the trial court's order revoking his probation and reinstating his original sentence to be served in the Tennessee Department of Correction. Defendant argues that the trial court erred by failing to consider any alternative sentencing options other than incarceration. We affirm the judgment of the trial court. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Paul Anthony Buckner
The defendant pled guilty to two counts of attempted second degree murder. Following a sentencing hearing, the trial court imposed two consecutive ten-year sentences. The defendant contends on appeal the trial court erred in imposing consecutive sentences. We affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Robert E. Allen v. State of Tennessee
The Petitioner, Robert E. Allen, pled guilty to aggravated assault, three counts of domestic assault, vandalism, evading arrest, public intoxication and reckless burning. The trial court sentenced him to five years in prison for the aggravated assault and eleven months and twenty-nine days on each of the other charges, with the sentences to run concurrently. The Petitioner did not perfect an appeal of his sentence, but petitioned for post-conviction relief on the grounds that he was denied effective assistance of counsel. Following a hearing on the post-conviction petition, the post-conviction court dismissed the petition. On appeal, the Petitioner contends that he was denied effective assistance of counsel for the following reasons: (1) trial counsel failed to properly advise him as to the potential sentences for all the charges covered in the plea agreement; and (2) trial counsel failed to advise him of his right to appeal the sentence imposed by the trial court. Finding no error, we affirm the post-conviction court's dismissal of the petition. |
Knox | Court of Criminal Appeals | |
George Pickle v. State of Tennessee
This matter is before the Court upon the State’s motion to affirm the judgment of the trial court by opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner is appealing the trial court's denial of habeas corpus relief. The Petitioner fails to assert a ground of relief entitling him to habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Christopher Jerome Taylor
A Fayette County jury convicted the Defendant, Christopher Jerome Taylor, of possession of more than 0.5 grams of cocaine with intent to deliver, possession of more than 0.5 ounces of marijuana with intent to deliver, and felony possession of a handgun. Following a sentencing hearing, the trial court imposed concurrent sentences of eighteen years for cocaine possession, three years for marijuana possession, and three years for felony possession of a handgun. On appeal, the Defendant contends: (1) that insufficient evidence exists in the record to support his convictions; and (2) that his sentence is excessive. Finding no reversible error, we affirm the trial court’s judgments. |
Fayette | Court of Criminal Appeals | |
State of Tennessee v. Michael Dwight Stewart and James Henry Brown
The Appellants, Michael Dwight Stewart and James Henry Brown, appeal the sentencing decisions of the Davidson County Criminal Court. Stewart pled guilty to aggravated robbery and aggravated kidnapping and received an effective twelve-year sentence. Brown pled guilty to aggravated rape and received a twenty-four-year sentence in the Department of Correction. In this consolidated appeal, Stewart and Brown raise the single issue of whether the sentences imposed were excessive. After review of the record, the sentencing decisions are affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael Dwight Stewart and James Henry Brown - Concurring
I concur in the result reached by the majority, and the reasoning used in the majority opinion on all issues except its conclusion that enhancement factor (7), that Defendant Brown was motivated by a desire to satisfy his pleasure or excitement, is inapplicable. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jimmy Rogers
Following a jury trial, the Defendant, Jimmy W. Rogers, was convicted of aggravated assault. In this direct appeal, he raises the following issues: (1) whether the trial court erred by refusing to allow him and a co-defendant to compare jury strikes; (2) whether the trial court erred by admitting a video tape and an audio tape into evidence; (3) whether the trial court erred by denying him discovery of the victim's medical records; (4) whether the trial court erred by refusing to grant him a continuance; (5) whether the trial court erred by limiting his cross-examination of the victim; (6) whether the trial court erred by refusing to grant a mistrial based on improper comments by the prosecutor during closing argument; (7) whether the trial court erred in its jury instruction; (8) whether the trial court improperly sentenced the Defendant; and (9) whether the trial court erred by refusing to suspend the Defendant's sentence pending the appeal. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Perry Singo
A jury convicted the defendant of four counts of child rape and four counts of aggravated sexual battery. The trial court sentenced the defendant to twenty-five years on each of the child rape convictions and twelve years on each of the aggravated sexual battery convictions, with two of the child rape sentences to run consecutively and all other sentences to run concurrently, for an effective sentence of fifty years. On direct appeal, this Court reversed and dismissed three of the convictions for child rape. We remanded the case for a determination of whether the remaining sentences should run consecutively. Following a re-sentencing hearing, the trial court ordered two of the aggravated sexual battery sentences and the child rape sentence to run consecutively, for an effective sentence of forty-nine years. The defendant contends on appeal that the trial court erred in ordering consecutive sentencing. We conclude that the record supports the grounds for consecutive sentencing under Tennessee Code Annotated section 40-35-115(b)(5), and the sentence is "justly deserved in relation to the seriousness of the offenses" and is "no greater than that deserved for the offenses committed." |
Dickson | Court of Criminal Appeals |
