State of Tennessee v. Michael Allen Conrad
The defendant, Michael Allen Conrad, appeals as of right the Knox County Criminal Court's denial of his motion to withdraw his guilty pleas to three counts of attempted statutory rape, a Class A misdemeanor. He received the agreed sentences of two consecutive and one concurrent eleven-month-twenty-nine-day terms on probation. The defendant contends that his guilty pleas were involuntary because his attorney erroneously advised him that he would not have to register with Tennessee's sexual offender registry. He argues that had he known that he was subject to the registry, he would not have pled guilty but would have gone to trial. We conclude that the defendant should be allowed to withdraw his guilty pleas to prevent manifest injustice. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Ronald W. Jenkins, II
The Defendant, Ronald W. Jenkins, II, pled guilty to reckless homicide, felony reckless endangerment, and DUI, second offense. The Defendant was thereafter sentenced to two years for the homicide, one year for the reckless endangerment, to be served concurrently, and eleven months, twenty-nine days for the DUI, to be served consecutively. The Defendant's driver's license was also suspended for a period of two years. The Defendant's sentences were suspended after service of 150 days, and he was placed on three years of probation. Within a few months of beginning his probationary period, the Defendant was arrested and convicted of driving on a revoked license. A probation violation warrant was filed, a hearing conducted, and the trial court revoked the Defendant's probation. The Defendant now appeals, complaining that the trial court erred in revoking his probation. We affirm the judgment of the trial court. |
Washington | Court of Criminal Appeals | |
Michael Todd Drinnon v. State of Tennessee
Michael Todd Drinnon appeals the dismissal of his second petition for post-conviction relief and attacks his convictions for a variety of reasons, mostly related to the claimed ineffectiveness of his trial counsel. The post-conviction court dismissed the petition as raising issues that had been previously determined and for failure to allege or establish grounds for reopening his previous petition. We affirm. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. David Wayne Smart
The defendant was convicted of first degree premeditated murder and sentenced to life imprisonment. In addition to challenging the sufficiency of the evidence, he argues the trial court erred in excluding testimony as to the victim's prior aggressive conduct, as well as his access and familiarity with firearms, and in not instructing as to aggravated assault as a lesser-included offense and that the cumulative effect of these errors warrants a new trial. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
William G. Barnett v State of Tennessee
The petitioner, William G. Barnett, appeals the denial of his petition for post-conviction relief. On appeal, the petitioner contends he received ineffective assistance of counsel when he pled guilty to two drug-related offenses. We affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Lynn L. Davis
The defendant, Lynn L. Davis, pled guilty to robbery, a Class C felony, and was sentenced as a Range II, multiple offender to eight years in the Department of Correction. In his appeal, he argues that the trial court erred in failing to apply mitigating factors and in denying alternative sentencing. Following our review, we affirm the judgment of the trial court. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Tony Alan Garretson
Tony Alan Garretson, along with Harold Garretson and Tonya Garretson, sought return of numerous guns alleged to have been unlawfully seized by law enforcement when Tony Garretson was arrested for aggravated assault. The trial court found: (1) Harold Garretson and Tonya Garretson failed to establish they were the lawful owners of the guns; and (2) the guns could not be returned to Tony Garretson because he was convicted of aggravated assault and cannot lawfully possess a weapon. On appeal, the state concedes the guns were unlawfully seized and Harold Garretson and Tonya Garretson established proper ownership. We reverse the judgment of the trial court and remand for another hearing. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Billy J. Coffelt and Lyle T. Van Ulzen
The Defendants, Billy J. Coffelt and Lyle T. Van Ulzen, were each convicted of one count of felony escape, two counts of aggravated assault, and three counts of especially aggravated kidnapping. The trial court subsequently sentenced both Defendants to life imprisonment without the possibility of parole on each of their especially aggravated kidnapping convictions. The Defendants were each sentenced to two years for their escape convictions, and to six years for each of their aggravated assault convictions. In this direct appeal, both Defendants contend that their convictions for aggravated assault and especially aggravated kidnapping violate due process, relying on State v. Anthony, 817 S.W.2d 299 (Tenn. 1991). Both Defendants also allege error with respect to the trial court's admission of the identification of the felonies for which they were serving time when they escaped, and with respect to their sentences on the kidnapping convictions. Individually, Coffelt challenges the sufficiency of the evidence and the admission of proof concerning two weapons. Coffelt also alleges that the prosecutor's closing argument constituted reversible misconduct. We affirm the Defendants' convictions. We reverse the trial court's finding that the Defendants are repeat violent offenders subject to mandatory sentences of life imprisonment without the possibility of parole, and remand this matter for resentencing on the Defendants' convictions of especially aggravated kidnapping. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Julia M. Ward
The Defendant, a teacher, was indicted for three counts of assault against one of her students. She offered to enter a plea of nolo contendere on Count II in exchange for judicial diversion and the dismissal of the remaining two counts. The State rejected the Defendant's plea of nolo contendere and maintained that the Defendant would have to plead guilty in order to receive judicial diversion. The Defendant refused the offer and requested pretrial diversion. The State denied the Defendant's request. The Defendant filed a petition for writ of certiorari to the Knox County Criminal Court. The trial court denied the petition. The trial court then filed an order permitting interlocutory appeal to this Court. This Court granted the Defendant's application for interlocutory review. In this appeal, the Defendant argues that the State abused its discretion by denying the Defendant pretrial diversion. We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Bryan Pearson v. State of Tennessee
The pro se appellant appeals from the summary dismissal of his petition for the writ of habeas corpus. Finding that summary dismissal was appropriate under the circumstances of this case, we affirm the judgment of the lower court. |
Bledsoe | Court of Criminal Appeals | |
Melvin E. Beard v. State of Tennessee
Petitioner, Melvin E. Beard, appeals from the denial of his petition for post-conviction relief. In his appeal, Petitioner alleges that his trial counsel rendered ineffective assistance of counsel in connection with the negotiation and entry of Petitioner's best interest plea to the charge of sale and delivery of cocaine, that his best interest plea was involuntary, and that the factual basis presented by the State was insufficient to support his plea. After a careful review of the record in this matter, we conclude that the evidence does not preponderate against the trial court's findings of fact. We therefore affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Terrance W. Price
Pursuant to a negotiated plea agreement, Defendant, Terrance W. Price, pled guilty to fifteen counts of money laundering, a Class B felony, and one count of conspiracy to commit money laundering, a Class C felony. He pled guilty reserving the right to appeal a certified question of law pursuant to Rule 37(b)(2)(i) of the Tennessee Rules of Criminal Procedure. The certified question of law on appeal is whether Tennessee Code Annotated sections 39-14-901, - 903, Money Laundering Act of 1996, violates Article XI, Section 8 or Article I, Section 8 of the Tennessee Constitution by exempting from its application violation of gambling laws, found in Tenn. Code Ann. § 39-17-501 et seq. After a careful review, we conclude that the statutes do not violate the Tennessee Constitution, and therefore affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Mark A. Bales
The defendant, Mark Anthony Bales, pled guilty to attempted second degree murder. After accepting his plea, the trial court sentenced the defendant to serve eleven years as a Range I standard offender. The defendant now appeals his sentence arguing that the trial court erred (1) by finding that when the defendant committed the instant crime, he treated the victim with exceptional cruelty; (2) by giving insufficient weight to two applicable mitigating factors, the defendant's excellent social history and his lack of a criminal record; and (3) by sentencing the defendant to a term of years that made him ineligible for consideration for an alternative sentence. After a thorough review of the record, we find that none of the defendant's allegations merit relief and accordingly affirm his sentence. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Michael Byrd, alias
Issue: Whether the issuance of a capias tolls the expiration of a probationary sentence. Upon this record, we conclude it does not. We reverse the revocation of the defendant's probation, concluding his probationary sentence had expired. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Dennis Pylant
The appellant, Dennis Pylant, was found guilty in the Cheatham County Circuit Court of felony murder committed in the perpetration of aggravated child abuse. The appellant received a sentence of life imprisonment in the Tennessee Department of Correction. On appeal, the appellant raises several issues for our consideration, namely the sufficiency of the evidence, evidentiary issues, and a complaint regarding the jury instructions. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Cheatham | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Jordan
The defendant, Kenneth Jordan, entered pleas of guilt to aggravated burglary and aggravated assault. The trial court imposed Range I sentences of six years for each offense to be served concurrently. At the conclusion of a sentencing hearing, the trial court imposed a sentence of one year with split confinement. The defendant was given the choice of serving one year with work release and the balance on probation, or participating in a Lifeline Therapeutic Community Program with the opportunity to apply for early release. In this appeal of right, the defendant argues that the trial court failed to adequately consider the statutory guidelines and should have granted probation. The judgments of conviction are affirmed and the effective sentence is modified to require 90 days in jail with work release followed by supervised probation. |
Davidson | Court of Criminal Appeals | |
John Wayne Gray v. State of Tennessee
The petitioner, John Wayne Gray, appeals the Franklin County Circuit Court's denial of post-conviction relief from his conviction for the sale of a Schedule II controlled substance. On appeal, the petitioner claims that he received ineffective assistance of counsel. Following a review of the record and the parties' briefs, we affirm the judgment of the post-conviction court. |
Franklin | Court of Criminal Appeals | |
Michael W. Carpenter v. State of Tennessee
The petitioner appeals the dismissal of his petition for post-conviction relief, in which he alleged he received ineffective assistance of counsel at his community corrections revocation and resentencing. The post-conviction court found post-conviction relief was unavailable to one challenging a community corrections revocation proceeding. We conclude that although the post-conviction process may not be used to collaterally attack a probation revocation, it is available to attack a community corrections revocation/resentencing. Thus, we reverse and remand for further proceedings. |
Davidson | Court of Criminal Appeals | |
Lisa Putman Mencer v. State of Tennessee
The petitioner appeals after being denied post-conviction relief. She pled guilty to one count of aggravated burglary and ten counts of forgery. Pursuant to her plea agreement, she received an effective sentence of twenty years as a Range III offender. Her post-conviction relief petition alleged she received ineffective assistance of counsel and that she did not enter her plea knowingly and voluntarily. We conclude the evidence does not preponderate against the post-conviction court's findings. We affirm the judgment of the post-conviction court. |
Marshall | Court of Criminal Appeals | |
Byron M. Edwards v. State of Tennessee
Byron M. Edwards appeals the denial of his petition for post-conviction relief attacking his jury conviction for aggravated robbery and for which he was sentenced to 30 years. He argues that he received ineffective assistance of counsel in connection with a plea offer by the state that he rejected. Following our review, we affirm the post-conviction court's denial of the petition. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Phillip Howard White, Jr.
Defendant, Phillip Howard White, Jr., was indicted on one count of felony murder and one count of attempted especially aggravated robbery. Following a jury trial, Defendant was found guilty of second degree murder and not guilty of attempted especially aggravated robbery. After a sentencing hearing, the trial court sentenced Defendant to serve twenty-five years. In his appeal, Defendant alleges that (1) the evidence was insufficient to sustain his conviction; (2) the trial court erred in not instructing the jury to refrain from sleeping; (3) the trial court erred in not granting Defendant's request for a continuance because of Defendant's physical appearance at trial; and (4) the trial court erred in sentencing Defendant to twenty-five years. After a careful review of the record in this matter, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Timmy Herndon
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Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ashley Nesbitt
The Defendant, Ashley Nesbitt, was convicted by a jury of one count of first degree murder, two counts of attempted first degree murder, and one count of aggravated robbery. The Defendant now appeals as of right, challenging the sufficiency of the evidence. Finding the evidence insufficient to support one of the attempted murder convictions, we reverse and dismiss the Defendant's conviction for the attempted first degree murder of Carl Turner. We affirm the remaining convictions. |
Shelby | Court of Criminal Appeals | |
Darrell Wayne Taylor v. State of Tennessee
This appeal arises pursuant to Tenn. R. App. P. 9. The appellant, Darrell Wayne Taylor, seeks interlocutory review of the question of whether a trial court in a post-conviction proceeding involving a capital case is authorized following an ex parte grant of fees for expert services pursuant to Tennessee Code Annotated Section 40-14-207(b), to issue ex parte orders directing the transportation of evidence in state custody to a defense expert for independent forensic tests. After careful consideration of the applicable law, we hold that there is no right on the part of an accused in a criminal case, capital or otherwise, to obtain permission ex parte for independent forensic testing of physical evidence in the custody of the State. However, following an adversarial hearing where both the prosecution and the defense may be heard, the trial judge may grant a defense request for independent testing of such physical evidence under such conditions as the trial court may in its discretion deem appropriate to protect the interests of both parties. Accordingly the judgment of the trial court staying the ex parte order to transport physical evidence for independent testing is affirmed and the case is remanded for further proceedings in accordance with this opinion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Charles Nathan Waddle
A Greene County jury convicted the Defendant of aggravated burglary and theft of property. The trial court imposed an effective sentence of six years to be served in the Tennessee Department of Correction. On appeal, the Defendant challenges the sufficiency of the convicting evidence and the appropriateness of the sentences imposed. He also argues that the trial court should have declared a mistrial when evidence of other crimes by the Defendant was introduced at trial. Because we conclude that the evidence is sufficient, the sentences are appropriate, and a mistrial was not required, we affirm the convictions. |
Greene | Court of Criminal Appeals |
