State of Tennessee v. Orlando Crayton
The defendant, Orlando Crayton, was convicted of aggravated assault, reckless endangerment, unlawful carrying or possession of a weapon, and two counts of vandalism under $500.00. The trial court sentenced the defendant to 11 months, 29 days for each vandalism count, six years for aggravated assault, two years for reckless endangerment and 11 months, 29 days for unlawful possession of a weapon. Because the sentences were ordered to be served concurrently, the effective sentence is six years. In this appeal of right, the defendant challenges (1) the admissibility of evidence indicating the defendant's gang affiliation; (2) the admission of an estimate regarding the damage to a vehicle; and (3) the admission of a hearsay statement. The judgment is affirmed. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Jessie Nelson Hodges
After a jury trial, Defendant was convicted of theft of property less than $500. He was subsequently sentenced to eleven (11) months and twenty-nine (29) days in the Lauderdale County jail. In this pro se appeal, Defendant argues that the State failed to provide him with discoverable material or information under Rule 16 of Tenn. R. Crim. P. After a review of the record, briefs of the parties and applicable law, we conclude that the State complied with the mandates of Rule 16. Thus, we affirm the judgment of the trial court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Joshua Lee Williams and Maurice Miguel Teague
The defendants, Joshua Lee Williams and Maurice Miguel Teague, encountered each other on the street where Teague produced a pistol and attempted to shoot Williams. When the gun did not fire, Williams knocked it from Teague's hands, picked it up, and fired in turn at Teague, in the process fatally wounding a neighborhood resident. Williams was indicted for first degree murder for the shooting death of the deceased, and criminal attempt to commit first degree murder of Teague, who was indicted for criminal attempt to commit first degree murder of Williams. At the conclusion of their joint trial, Williams was found guilty of second degree murder and criminal attempt to commit second degree murder, and Teague guilty of criminal attempt to commit second degree murder. Williams received an effective sentence of twenty years at 100% as a violent offender. Teague was sentenced as a standard, Range I offender to ten years. Teague raises essentially three issues on appeal: (1) sufficiency of the evidence; (2) not instructing the jury on aggravated assault as a lesser-included offense; and (3) the propriety of his sentence. Williams challenges the sufficiency of the evidence in support of his conviction for second degree murder. After a careful review of the record, we affirm the judgments of the trial court. |
Henry | Court of Criminal Appeals | |
State of Tennessee v. Jennifer Gale McClure
This is an appeal by permission pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. The Defendant, Jennifer McClure, was indicted by the Haywood County Grand Jury for various charges arising out of the seizure and subsequent search of the commercial motor carrier in which she and her husband were traveling. The trial court suppressed the evidence obtained as a result of that seizure and search, ruling that the seizure of the motor carrier was unconstitutional. The State then filed a motion for an interlocutory appeal, which was granted by the trial court. This Court likewise granted the State's application for permission to appeal. On appeal, the State asserts: (1) that the trial court abused its discretion by refusing the State's request to either reopen the proof or be allowed to file with the court the rules and regulations governing Department of Safety inspections; and (2) that if these rules and regulations are considered, the trial court erred by granting the Defendant's motion to suppress. We conclude that the trial court did not abuse its discretion by refusing the State's request to reopen the proof or to file the applicable rules and regulations because the trial court did permit the State to file with the court the rules and regulations regarding Department of Safety inspections. In addition, we hold that the trial court did not err by granting the motion to suppress because the seizure of the Defendant's commercial motor carrier was conducted in violation of the Fourth Amendment's protections against unreasonable searches and seizures. |
Haywood | Court of Criminal Appeals | |
State of Tennessee v. Kelvin Wilson
The Petitioner was convicted of aggravated kidnapping and sentenced to ten years incarceration. Following direct appeal to this Court, which affirmed the Petitioner's conviction and sentence, and to the Tennessee Supreme Court, which denied permission to appeal, the Petitioner filed a petition for post-conviction relief, alleging that he received ineffective assistance of counsel at trial. The post-conviction court conducted a hearing and denied relief. The Petitioner now appeals the post-conviction court's decision. Having reviewed the record, we conclude that the Petitioner's representation at trial was adequate and therefore affirm the post-conviction court's denial of post-conviction relief. |
Fayette | Court of Criminal Appeals | |
State of Tennessee v. Mario Rogers
In 1999, a Shelby County jury found the Defendant guilty of aggravated robbery, and the trial court sentenced him as a Range I, standard offender to eight years incarceration. In this appeal as of right, the Defendant presents the following issues for our review: (1) whether the evidence presented at trial was sufficient to support his conviction; (2) whether the trial court erred by admitting into evidence the gun alleged to have been used in the robbery; (3) whether the trial court erred by allowing testimony by the victim concerning the death of the victim's mother; (4) whether the trial court improperly instructed the jury; and (5) whether the cumulative effect of errors at trial warrants a new trial. Having reviewed the record, we find no error and accordingly affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael P. Healy
On November 24, 1998, the Shelby County Grand Jury indicted the Defendant for one count of aggravated robbery and one count of aggravated assault. Following a subsequent jury trial, the Defendant was convicted on both counts. On September 30, 1998, after a sentencing hearing, the trial court sentenced the Defendant as a career offender to serve thirty years incarceration for the aggravated robbery consecutively to fifteen years for the aggravated assault. The court also ordered both sentences served consecutively to a sentence for which the Defendant was on parole. On appeal, the Defendant claims that the trial court should have instructed the jury to consider robbery and theft as lesser-included offenses of aggravated robbery and that the trial court should have instructed the jury to consider reckless endangerment, reckless aggravated assault and simple assault as lesser-included offenses of aggravated assault. After a review of the record, we affirm the judgment of the trial court.as lesser-included offenses of aggravated assault. After a review of the record, we affirm the judgment of the trial court., we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Eric Phillips
The defendant appeals and asserts that the evidence was insufficient to support his conviction for first degree premeditated murder. After review, we hold that the evidence is sufficient; therefore, we affirm the defendant's conviction. |
Shelby | Court of Criminal Appeals | |
State vs. Reginald Terry
|
Shelby | Court of Criminal Appeals | |
State vs. Frank Johnson
|
Shelby | Court of Criminal Appeals | |
State vs. Russell Snider
|
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Eric D. Thomas
The Defendant, Eric D. Thomas, pled guilty to four counts of robbery and was sentenced to six years for each conviction. The sentences were ordered to run consecutively, which ruling the Defendant now appeals. The judgment of the trial court ordering the Defendant's sentences to run consecutively is reversed, and this matter is remanded for resentencing on the issue of consecutive sentences. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joyce Ann Rice
The defendant, a construction company payroll clerk, was convicted of fourteen counts of forgery, Class E felonies, and one count of theft of property over $1000, a Class D felony, for utilizing her position at the company to write and cash invalid checks on her employer's account. She was sentenced as a Range II, multiple offender to three years on each forgery conviction, and six years on the theft conviction, to be served concurrently for an effective sentence of six years. In this appeal as of right, the defendant argues that the trial court erred in allowing evidence of her prior crimes to be admitted at trial, and that the evidence was not sufficient to support her convictions. After a careful review, we conclude that the trial court did not err in allowing the State to impeach the defendant's credibility by questioning her about her prior convictions, and that the evidence was sufficient to support the jury's verdict. Accordingly, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Marcia C. Robinson and Sammy Claude Wilson
After a jury trial, Defendants were convicted of one count of attempt to manufacture methamphetamine and two counts of possession of methamphetamine. The trial court sentenced each Defendant to three (3) years in the Department of Correction for attempt to manufacture methamphetamine and eleven (11) months and twenty-nine (29) days for possession of methamphetamine. In this appeal as of right, Defendants assert that the trial court erred as to whether Defendant, Sammy Wilson, gave Investigator Markin consent to search his truck. From our review of the transcript of the motion to suppress, the trial record, briefs of the parties and applicable law, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Jerry L. Luster v. J. Larry Craven, Jr.
The petitioner, Jerry L. Luster, appeals pro se the summary dismissal of his petition for writ of habeas corpus. Because the petition was filed in the wrong county, we affirm the trial court's dismissal of the request for habeas corpus relief. |
Madison | Court of Criminal Appeals | |
Jerry Anderson v. State of Tennessee
Petitioner appeals the denial by the trial court of his writ of habeas corpus and writ of certiorari. Petitioner contended in his petition that he previously pled guilty in the Criminal Court of Madison County to the offenses of facilitation of first degree murder, conspiracy to commit especially aggravated robbery, and arson, and received an effective sentence of 60 years. He further contended that court did not have jurisdiction to try him as an adult; his rights to double jeopardy were violated as a result of his transfer to the Criminal Court; and he received ineffective assistance of trial counsel. On appeal, he claims the trial court erred in dismissing his petition without appointing counsel, without conducting a hearing, and by failing to make findings of fact and conclusions of law. We affirm the judgment of the trial court. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Donnell Booker
The Defendant was convicted by a Knox County jury of aggravated assault, a Class C felony. The Defendant was sentenced as a Range II multiple offender to nine years incarceration in the state penitentiary. The Defendant now appeals, arguing that insufficient evidence was presented at trial to convict him of aggravated assault. Finding no error, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Demetrius Holmes
A Knox County jury convicted the defendant of aggravated robbery, and the trial court sentenced him as a Range I offender to eleven years incarceration. The defendant now appeals and raises the following issues: (1) whether the trial court erred by not granting a mistrial when a detective improperly testified that the Defendant was “well known for home invasions,” (2) whether the state failed to disclose fingerprint evidence in a timely fashion, and (3) whether sufficient evidence supported the defendant’s conviction for aggravated robbery. Finding that the trial court erred in denying the motion to declare a mistrial, we reverse the judgment of the trial court and remand for a new trial. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Demetrius Holmes - Dissenting
I respectfully dissent. I agree with the majority opinion that the granting or denial of a mistrial is a matter within the sound discretion of the trial court and that a trial court should grant a mistrial only when it is of “manifest necessity.” I would add that the burden of establishing a “manifest necessity” is upon the appellant. State v. Williams, 929 S.W.2d 385, 388 (Tenn. Crim. App. 1996). |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Rhonda Grills
The defendant, Rhonda Grills, was convicted of facilitation of the felony rape of a child less than 13 years of age. The trial court imposed a Range I sentence of 10 years. The defendant was fined $25,000.00. In this appeal of right, the defendant challenges the sufficiency of the evidence. Because the evidence is adequate to support the facilitation of the rape of a child, the judgment is affirmed. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. William Butler Bolling
William Butler Bolling appeals from the Sullivan County Criminal Court's determination that he serve his plea bargained, effective two-year sentence for gambling crimes in the Department of Correction. He claims he should have received some form of alternative sentencing, preferably probation, for his felony conviction. Because Bolling has failed to demonstrate the error of the trial court's determination, we affirm. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Kenneth S. Griffin
Defendant, Kenneth Griffin, was found guilty of burglary (Class D) and theft (Class D) following a bench trial. He was sentenced as a career offender on each conviction to twelve (12) years incarceration, and the sentences were ordered to be served consecutively. The Defendant, with counsel, appealed the conviction raising the sole issue of the sufficiency of the evidence. This court affirmed. State v. Kenneth S. Griffin, C.C.A. No. 03C01-9811-CR-00406, 1999 Tenn. Crim. App. LEXIS 1316, Knox County (Tenn. Crim. App., Knoxville, Dec. 27, 1999). Subsequently, Defendant timely filed a petition for post-conviction relief alleging, apparently among other issues, that he received ineffective assistance of counsel on appeal because appellate counsel did not raise as an issue the consecutive sentencing ordered by the trial court. The post-conviction court, in a written order, granted Defendant a "delayed appeal" as "authorized under TENNESSEE CODE ANNOTATED SECTION. 40-30-213." The post-conviction court's order limited the delayed appeal to the sole issue "of the correctness of [defendant's] sentence." However, the post-conviction court, while impliedly finding ineffective assistance of counsel for not raising the sentencing issue on direct appeal, made no finding that the Petitioner was prejudiced by the deficient representation. In any event, we find that the granting of a delayed appeal from the original conviction is not authorized by statute, and accordingly, this appeal from the sentence imposed in the original convictions is dismissed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Takeita M. Locke
The defendant was convicted in the Knox County Criminal Court of especially aggravated robbery and felony murder. She timely appealed, arguing that the State had failed to show that statements she gave while a juvenile were admissible, that the trial court erred in not instructing as to lesser-included offenses or that the jury must find whether felony murder was a "natural and probable consequence" of especially aggravated robbery, and that the evidence was insufficient to sustain the convictions. Based upon our review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Ricky Eugene Cofer
The defendant, Ricky Eugene Cofer, was convicted of aggravated robbery. The trial court imposed a Range II sentence of 15 years. In this appeal of right, the defendant contends that his indictment for aggravated robbery was legally insufficient; that the evidence was insufficient to convict; and that his trial counsel was ineffective. The judgment is affirmed. |
Anderson | Court of Criminal Appeals | |
Franklin Parton v. State of Tennessee
The petitioner/appellant, Franklin Parton, filed a pro se "Petition for Writ of Habeas Corpus" in the Knox County Criminal Court, which was dismissed by the trial court without an evidentiary hearing. Petitioner filed a motion for reconsideration and for treatment of the petition as a petition for writ of error coram nobis. This motion was also summarily denied by the trial court. We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals |
