State of Tennessee v. Marcus W. Keener
The defendant was indicted for first degree murder and convicted by a Lawrence County jury of second degree murder. In this appeal as of right, the defendant presents two issues for our review: (1) whether the evidence was sufficient to support his conviction; and (2) whether the trial court erred in failing to charge the jury on the lesser-included offenses of criminally negligent homicide and reckless homicide. The trial court charged the jury as to first degree murder, second degree murder, and voluntary manslaughter. The defendant received a sentence of twenty years to be served at 100% in the Tennessee Department of Correction. Having reviewed the entire record, we conclude that the evidence was sufficient to convict the defendant of second degree murder. We further conclude that the trial court did not err in failing to instruct on two additional lesser-included offenses. The judgment of the trial court is affirmed. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. Marcus W. Keener - Concurring
While I concur in the result, I write separately because I believe that the trial court erred by failing to instruct the jury on the lesser included offenses of criminally negligent homicide and reckless homicide. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. Danyelle Dewain Parker
The defendant was convicted by a Davidson County Criminal Court jury of aggravated burglary, aggravated assault, and kidnapping, for which he received an effective sentence of eighteen years. In this appeal as of right, he raises the following issues: 1) whether the trial court erred in allowing the victim's son to testify about the defendant's prior assault on the victim; 2) whether the convictions for aggravated assault and kidnapping should have been merged; and 3) whether the trial court erred in imposing consecutive sentencing. Based upon our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Doug Myers
Doug Myers was convicted by a Warren County Circuit Court jury of aggravated assault. The trial court sentenced Myers, as a Range I standard offender, to six years incarceration in the Department of Correction. On appeal, Myers raises the following issues for our review: (1) whether the evidence presented at trial was sufficient to support his aggravated assault conviction; (2) whether the trial court erred by allowing testimony concerning Myers' subsequent criminal conduct; and (3) whether the trial court erred in sentencing Myers to six years incarceration. After review, the judgment of the trial court is affirmed. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. William Glenn Wiley
William Glenn Wiley was convicted by a Davidson County jury of felony murder and especially aggravated robbery. Wiley was sentenced to life without the possibility of parole for the murder conviction and sentenced to twenty-five years for the robbery conviction, with the sentences to run concurrently. On appeal, Wiley raises the following issues for our review: (1) whether the evidence at trial was sufficient to support the conviction for felony murder; (2) whether the evidence was sufficient to support the conviction for especially aggravated robbery; (3) whether the evidence was sufficient to support the jury's reliance on two aggravating factors when imposing a sentence of life without the possibility of parole; and (4) whether the trial court erred by not instructing the jury on the theory of self-defense. After review, we find no error and affirm the judgment. |
Davidson | Court of Criminal Appeals | |
Darryl J. Ross v. State of Tennessee
The Defendant was convicted in two jury trials of six counts of aggravated robbery and one count of attempted aggravated robbery. He received an effective sentence of sixty years for these crimes. The Defendant subsequently pled guilty to three additional counts of aggravated robbery, one additional count of attempted aggravated robbery, and one count of theft. After an unsuccessful appeal of his second trial, the Defendant filed for post-conviction relief, alleging ineffective assistance of counsel. After a hearing the post-conviction court denied relief, which ruling the Defendant now appeals. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Clement Dale Potter
In this Rule 9 interlocutory appeal, the defendant, an incumbent district attorney general, appeals the trial court's denial of his motion to dismiss a presentment returned against him by the grand jury. He asserts that the General Assembly, in Tennessee Code Annotated section 8-6-112, vested the sole or exclusive authority to investigate and prosecute an incumbent district attorney general in the Attorney General and Reporter's office. After review, we disagree with the defendant and affirm the trial court's denial of the defendant's motion. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey E. Copeland
The defendant appeals from his conviction for vehicular homicide, contesting the sufficiency of the evidence and the denial of his motion to suppress the result of his blood alcohol test. We affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Johnny F. Dugger
The defendant pled guilty to four charges arising out of events in Carter County and thirteen charges arising out of events in Washington County. Other than a forgery charge in Carter County, the charges all stemmed from criminal acts occurring on March 12, 1999, when the defendant and a friend broke into two vehicles parked at a local night spot in Johnson City, stealing various pieces of sound equipment. When confronted by two security guards, the defendant knifed one guard and ran into the other with his car. A high-speed chase involving the defendant and officers of the Johnson City Police Department ensued. The chase, crisscrossing between Washington and Carter Counties, ended with the apprehension of the defendant, who was subsequently charged with, and pled guilty to: DUI; driving with a suspended license; aggravated assault of the two security guards; felony evading arrest (two counts); automobile burglary (two counts); theft under $500 (two counts); aggravated assault of two Johnson City police officers; and assault of another officer. According to a plea agreement, the defendant received an effective sentence of eight years as a Range I, standard offender. The trial court denied probation and any community-based alternative to incarceration and ordered that the defendant serve his sentence in the Tennessee Department of Correction. In this appeal, the defendant presents one issue for our review: whether the trial court appropriately sentenced him as to the manner of service of his sentence. The judgment of the trial court is affirmed. |
Carter | Court of Criminal Appeals | |
State of Tennessee v. Marsha L. McClellan
The defendant pled guilty to one count of theft of property over $1,000, and one count of conspiracy to commit theft of property over $1,000. The trial court sentenced her to concurrent sentences of two years on each conviction, suspended, with the defendant placed on four years of probation, and ordered to pay $10,000 restitution at $225 per month for the duration of her probationary period. In this appeal as of right, the defendant argues that the trial court abused its discretion in denying her request for judicial diversion. Based upon our review, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Andre Dwayne Tucker
The defendant was convicted by a Hamilton County jury of aggravated assault, a Class C felony. The defendant now contends: (1) the evidence was insufficient to sustain his conviction; and (2) his sentence is excessive. After a thorough examination of the record, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Joseph A. Hough v. State of Tennessee
In February 2000, the petitioner filed a petition for post-conviction relief, setting out several claims as to the invalidity of his June 12, 1998, DUI guilty plea in the Greene County General Sessions Court. He had not appealed the plea of guilty but claimed that his post-conviction petition was timely because he had a "mental disability," which tolled the running of the applicable statute of limitations. The post-conviction court concluded that the petition was untimely and dismissed it. Finding that the allegations of "mental disability" are insufficient to toll the statute, we agree that the dismissal of the petition was proper. Further, we find that the notice of appeal was not timely filed. |
Greene | Court of Criminal Appeals | |
Joseph A. Maine v. State of Tennessee
On May 12, 1998, the petitioner, Joseph A. Maine, pled guilty in the Cocke County Circuit Court to one count of first degree murder and one count of conspiracy to commit first degree murder. The trial court sentenced the petitioner to life imprisonment in the Tennessee Department of Correction for the murder conviction and to twenty-five years incarceration in the Department for the conspiracy conviction. The petitioner filed a pro se petition for post-conviction relief alleging that his convictions were based upon unlawful guilty pleas, that his convictions were based on a violation of the privilege against self-incrimination, and that his plea counsel was ineffective. The post-conviction court appointed counsel, and an amended petition was filed contending that the petitioner was misinformed about his release eligibility date. The post-conviction court dismissed the petition for relief without holding an evidentiary hearing, and the petitioner appeals that dismissal. Upon review of the record and the parties' briefs, we reverse the judgment of the post-conviction court and remand this case for an evidentiary hearing. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. John Calvin Smith
The defendant pled guilty to two counts of felonious possession of a weapon with an agreed sentence of two consecutive two-year terms. In this appeal, the defendant challenges the trial court's denial of alternative sentencing. Upon review of the record, we affirm the trial court's denial of alternative sentencing. |
Hamilton | Court of Criminal Appeals | |
Marvin Matthews v. State of Tennessee
The petitioner, Marvin Matthews, appeals the trial court's dismissal of his petition for post-conviction relief. Because the petition is barred by the statute of limitations, among other reasons, the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
Jerry L. Cox v. State of Tennessee
Jerry L. Cox appeals from the Sullivan County Criminal Court's denial of motions in which he raised various claims related to sentence calculation and sentence validity. In part, Cox seeks the benefit of various sentence credits for the sentence he is presently serving in the Department of Correction. He also alleges that one of his sentences is void or has expired. Because there is no appeal as of right from the denial of Cox's motions challenging his sentences, we dismiss the appeal. |
Sullivan | Court of Criminal Appeals | |
Charles Frank Griffin v. State of Tennessee
The Hamilton County Criminal Court dismissed Charles Griffin's petition for post-conviction relief. Asserting claims of ineffective assistance of counsel, he appeals. Finding no error, we affirm. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey T. Siler
Defendant was convicted by a Knox County jury of the offense of felony murder and received a life sentence. He raises the following two issues on appeal: (1) whether the trial court erred in denying his motion to suppress his confession; and (2) whether the trial court erred in disallowing certain expert testimony. We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Thomas Faulkner, Jr.
Thomas J. Faulkner, Jr. stands convicted of four counts of attempted first degree murder and one count of theft over $1,000. He received his sentence at the conclusion of a jury trial in the Grainger County Circuit Court and is presently serving an effective 73-year sentence for these crimes. In this direct appeal, he raises numerous issues related to admission of evidence, release of a juror, sufficiency of the evidence, severance, jury instructions and sentencing. Upon review, we are unpersuaded of error and therefore affirm the judgment of the trial court. |
Grainger | Court of Criminal Appeals | |
State of Tennessee v. Thomas J. Faulkner, Jr. - Concurring
I concur in the results and most of the reasoning in the majority opinion. However, I respectfully disagree with the view indicated in section VII of the majority opinion that the law is split regarding the need for supplemental post-trial instructions to be submitted in writing pursuant to Rule 30(c), Tenn. R. Crim. P. I believe that the Rule and binding precedent require such to be in writing. |
Grainger | Court of Criminal Appeals | |
Stephan LaJuan Beasley v. State of Tennessee
The petitioner was originally convicted by a Hamilton County jury of first degree murder and received a sentence of life imprisonment without the possibility of parole. The conviction was affirmed on direct appeal. The petitioner sought post-conviction relief, which was denied. In this appeal, the petitioner contends (1) his trial counsel provided ineffective assistance of counsel, and (2) he was denied the right to testify at trial and at sentencing. After a thorough review of the record, we conclude that the post-conviction court correctly denied post-conviction relief. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Steven T. Wall
The defendant was convicted by a Montgomery County jury of driving under the influence of an intoxicant (DUI) and vehicular assault. In this appeal as of right, the defendant raises two issues for our review: (1) whether the evidence was sufficient to support his convictions; and (2) whether both convictions can stand without violating his right to be protected against double jeopardy. Having reviewed the entire record, we conclude that the evidence is sufficient to support convictions for DUI and vehicular assault, but that both convictions cannot stand without violating principles of double jeopardy. The conviction for DUI is, therefore, vacated. The remaining conviction for vehicular assault and the sentence imposed by the trial court are affirmed. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Brian Russell Webb
The Defendant, Brian Russell Webb, was charged with driving under the influence (DUI), reckless driving, violation of the implied consent law, speeding, evading arrest, theft of property valued at more than $10,000 and vandalism. He pled guilty to the DUI, and upon motion of the State, the trial court dismissed the charges for reckless driving and violation of the implied consent law. The Defendant filed an application for pretrial diversion for the remaining charges, which the prosecutor subsequently denied. The Defendant then filed a petition for a writ of certiorari, seeking review of the prosecutor's denial of his application for diversion. After a hearing, the trial court found that the State had abused its discretion and ordered the Defendant placed on pretrial diversion. In this appeal, pursuant to Tenn. R. App. P. 9, the State contends the trial court erred in finding that the prosecutor abused his discretion in denying pretrial diversion. We reverse the judgment of the trial court and remand this matter for further proceedings consistent with this opinion. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Marvin D. Brown, a/k/a Melvin Taylor
The defendant, Marvin D. Brown, a/k/a/ Melvin Leroy Taylor, was convicted by a jury in the Davidson County Criminal Court of theft of property, a Class D felony. The trial court sentenced Defendant as a career offender to twelve years and ordered that it be served consecutive to a previously imposed sentence, for which parole had been revoked. In this appeal, Defendant contends that the evidence was insufficient to convict him for theft but, rather, the proof supported a conviction of joyriding, a Class A misdemeanor. Based upon applicable law and a review of the record, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Ammon B. Anderson
The defendant was indicted for aggravated sexual battery for engaging in sexual contact with a ten-year-old girl with Down's Syndrome. He filed a motion to dismiss the indictment, based on the loss of the tape recording of his interview with a Department of Children's Services caseworker and a police officer, and a motion to suppress his one paragraph statement of admission, consisting of the officer's summary of the interview. Following the trial court's denial of the motions, the defendant entered a plea of nolo contendere to attempt to commit aggravated sexual battery, reserving as a certified question of law, pursuant to Rule 37(b)(2)(i) of the Tennessee Rules of Criminal Procedure, whether the trial court erred in denying his motion to dismiss based on the loss of the tape recording of the interview. Arguing that the statement of admission is subject to misinterpretation when taken out of the context of the entire interview, the defendant contends that his right to a fair trial was compromised by the loss or destruction of the tape recording. After a thorough review of the record and of applicable law, we conclude that the loss of the tape recording did not unfairly prejudice the defendant's case. Accordingly, we affirm the defendant's conviction of attempt to commit aggravated sexual battery. |
Cheatham | Court of Criminal Appeals |
