State of Tennessee v. Graylin Burton
The Defendant pleaded guilty to rape. After a hearing, he was sentenced as a Range I, standard offender to eleven years and six months in confinement. The Defendant appealed and asks this Court to shorten his sentence. He contends that the trial court misapplied an enhancement factor and failed to apply at least two mitigating factors. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Rickey Williams
Defendant challenges his conviction for premeditated first degree murder for which he received a sentence of life imprisonment. He presents the following issues for our review: (1) whether the evidence was sufficient to support the verdict; (2) whether the trial court erred in admitting evidence of a prior bad act; and (3) whether the trial court erred in admitting hearsay. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Colico S. Walls
A Shelby County jury convicted the defendant of felony escape and theft of property over $1,000. The trial court sentenced the defendant to consecutive sentences of four years for escape and seven years for theft, for an effective sentence of eleven years. In this appeal, the defendant alleges (1) the evidence is insufficient to sustain the defendant's conviction for escape; (2) the escape statute is unconstitutionally vague; and (3) the trial court erroneously failed to instruct the jury on attempted |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. James McArthur
Defendant, James McArthur, appeals his two jury convictions for aggravated robbery for which he received concurrent eight-year sentences. He contends on appeal that the evidence was insufficient to support the verdicts, and he was deprived of a fair and impartial jury. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Corrie Johnson
The defendant was convicted by a Hardin County jury of driving under the influence (DUI), possession of marijuana, and possession with the intent to sell or deliver 0.5 grams or more of cocaine. The trial court sentenced the defendant to two 11 month and 29 day sentences for the DUI and possession of marijuana convictions, suspended after serving 30 days in jail. The trial court sentenced the defendant to 9 years incarceration, as a Range I standard offender, for possession with intent to sell or deliver 0.5 grams or more of cocaine. All sentences were to be served concurrently. In this appeal as a matter of right, the defendant alleges the trial court erred by denying (1) his motion to suppress evidence discovered as a result of the vehicle stop and (2) his request for alternative sentencing. After a thorough review of the record, we affirm the judgment of the trial court. |
Hardin | Court of Criminal Appeals | |
Vernon West v. State of Tennessee
Vernon West appeals the Shelby County Criminal Court's dismissal of his petition for post-conviction relief. West collaterally attacks his conviction for second degree murder upon the grounds of ineffective assistance of counsel. Specifically, he contends that trial counsel was ineffective for failing to file a motion to sever, for failing to investigate the case and for failing to call two witnesses to testify at trial. After review of the record, we affirm the trial court's denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Stacey Philander Baldon
Defendant was convicted by a Lauderdale County jury of possession of 0.5 grams or more of cocaine with intent to deliver, a Class B felony, and possession of drug paraphernalia, a Class A misdemeanor. In addition, defendant entered a guilty plea to felony possession of a firearm, a Class E felony. He was sentenced as a Range II, multiple offender, and received concurrent sentences of twelve years, eleven months and twenty-nine days, and two years respectively. Defendant raises the following issues for our review: (1) whether the trial court erred by denying his motion to suppress evidence seized pursuant to the search warrant; (2) whether the trial court erred by denying his request for a severance of defendants; (3) whether the trial court erred in excluding the prior recorded testimony of his co-defendant; (4) whether the trial court improperly allowed the arresting officer to testify as to his opinion regarding the veracity of co-defendant's admission; (5) whether the jury pool was tainted by statements of a potential juror; and (6) whether the state improperly exercised its peremptory challenges. Upon our review of the record, we find defendant's allegations to be without merit; thus, the judgment of the trial court is affirmed. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Kevin Wayne Brim
The defendant appeals from the revocation of his probation, contending that the trial court erred in ordering consecutive sentences. We affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Tiffany R. Weatherspoon
The defendant, Tiffany R. Weatherspoon, pled guilty in the Hardin County Circuit Court to the Class B felony of unlawful possession of over .5 grams of a Schedule II controlled substance, to wit: cocaine, with the intent to manufacture, deliver, or sell. She received the agreed-upon sentence of eight years, as a Range I offender, and a $2,000 fine. The trial court denied alternative sentencing and ordered that the defendant be incarcerated. She appealed, arguing that the court erred in denying alternative sentencing. Based upon our review, we affirm the order of the trial court. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. John E. Parnell
The defendant was convicted by a Shelby County jury of criminally negligent homicide and aggravated child abuse. The trial court sentenced him to concurrent sentences of two years for the homicide charge and twenty years for the aggravated child abuse charge. In this appeal as a matter of right, the defendant alleges (1) he was incompetent to stand trial, and (2) the evidence was insufficient to sustain the guilty verdict for aggravated child abuse. The defendant was indicted in count one for aggravated child abuse by treating the child in a manner so as to inflict injury; the defendant was indicted in count two for aggravated child abuse by neglecting the child so as to adversely affect his health and welfare; the jury was instructed to consider count two only if the defendant was found not guilty of count one; the jury found guilt only as to count one; the jury never returned a verdict on count two; and the evidence is insufficient to sustain the verdict under count one. Although the evidence overwhelmingly establishes guilt of aggravated child abuse by neglect as alleged in count two, the jury's failure to return a verdict on this count requires a remand for retrial on count two. We affirm the conviction for criminally negligent homicide. |
Shelby | Court of Criminal Appeals | |
James Robert Whitworth v. State of Tennessee
The petitioner, who is currently in the custody of the Mississippi Department of Corrections, entered pleas of guilty in 1974 in the Shelby County Criminal Court to the offenses of assault and battery with intent to rape and attempt to commit a felony, to wit: crime against nature. In 2000, he filed a petition to vacate and set aside these sentences, claiming that his pleas of guilty were not voluntary, that his counsel had been ineffective, and that he was innocent of the charges. The post-conviction court dismissed the petition as untimely, the statute of limitations having expired before it was filed; and the petitioner timely appealed. Based upon our review, we affirm the order of the post-conviction court dismissing the petition as untimely. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Billy J. Coffelt
The petitioner appeals the trial court's denial of his motion for delayed appeal regarding his petition for post-conviction relief. We remand the case to the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Sammy Goff
The defendant, after being convicted by a jury of first degree murder and sentenced to life without the possibility of parole, appeals his conviction and asserts that the trial court erred in three respects: (1) the trial court incorrectly allowed testimony from three witnesses attacking the defendant's reputation for truthfulness; (2) the trial court erred in allowing the State to question the defendant about a prior felony conviction; and (3) the trial court erred in allowing testimony about a prior statement made by the defendant. After review, we affirm the trial court's rulings in all respects. |
Chester | Court of Criminal Appeals | |
William Paul Bogus v. State of Tennessee
The petitioner appeals from the Dyer County Circuit Court's dismissal of his petition for post-conviction relief. In 1994, the petitioner was tried and convicted of first degree murder in the perpetration of a felony and aggravated burglary. His convictions were affirmed, after which he timely filed a petition seeking post-conviction relief, claiming ineffective assistance of trial and appellate counsel, juror misconduct because an alternate juror had lied during voir dire about not knowing the petitioner, insufficient evidence to support the felony-murder conviction, and suppression of exculpatory evidence. After an evidentiary hearing, the post-conviction court denied relief. We affirm the post-conviction court's denial of the petitioner's request for post-conviction relief. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Robert Ervin
Robert Ervin, also known as Muhammad Jabbar, was convicted of attempted second degree murder and sentenced to twenty-five years in the Tennessee Department of Correction. On appeal, Ervin raises one issue for our review: Whether the evidence produced at trial was sufficient to support the verdict. After review, we find the evidence sufficient and affirm the judgment. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Robert D. Walsh
The defendant, Robert D. Walsh, was convicted after a jury trial in the Shelby County Criminal court of the aggravated sexual battery of a foster child who was in his care. He appeals this conviction, alleging various errors in evidentiary admissions, impermissible comment on the evidence by the trial court, and improper sentencing. We modify the defendant's sentence to Range I classification and remand for correction of a clerical error in the judgment form. Otherwise, the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Reco R. Douglas
The defendant's conviction for first degree murder during perpetration of robbery was reversed by this court in 1998. The defendant was subsequently retried, again convicted of first degree murder during the perpetration of a robbery, and sentenced to life imprisonment. This appeal followed, whereby the defendant alleges the evidence is insufficient to sustain his conviction, and the trial court erroneously admitted the audio recording and transcript of the victim's phone call to 911. After a thorough review of the record, we affirm the defendant's conviction and sentence. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Courtney Anderson
The defendant was convicted by a Shelby County jury of theft of property valued greater than $10,000 and forgery. The trial court sentenced him to consecutive sentences of 15 years for theft as a persistent offender and six years for forgery as a career offender. In this appeal as a matter of right, defendant alleges (1) the evidence is not sufficient to support the convictions, and (2) his sentence is excessive. After a thorough review of the record, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Keith T. Dupree
This is an appeal from defendant's conviction for second degree murder for which he received a sentence of twenty-three years and six months. In this appeal, defendant presents two issues for our review: (1) whether the evidence is sufficient to support the verdict; and (2) whether the trial court erred in defining the mental state of "knowing" for the offense of second degree murder. We conclude the evidence was sufficient to support the verdict; however, we conclude the jury charge constituted plain error by failing to instruct on the applicable definition of "knowing." Accordingly, the judgment of the trial court is reversed, and the case is remanded for a new trial. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Bryan Herman Dowdy
Defendant, Bryan Herman Dowdy, appeals his jury convictions for vehicular homicide by intoxication, two counts of vehicular assault, and felony evading arrest. He was sentenced to eight years and six months for vehicular homicide, two years for each of the vehicular assaults, and two years for felony evading arrest, with an effective sentence of ten years and six months. In this appeal, he raises the following issues for our review: (1) whether the evidence was sufficient to sustain his convictions; (2) whether items from his vehicle were improperly admitted; (3) whether his blood alcohol test result was improperly admitted into evidence; (4) whether the underlying DUI charge should have been severed; (5) whether he was improperly denied access to an officer's personnel file during cross-examination; (6) whether the trial court erroneously instructed the jury to use their "common sense;" and (7) whether his sentence was excessive. After our review of the record, we find all issues to be without merit and affirm the judgment of the trial court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Bobby J. Hughes
The Defendant, Bobby J. Hughes, was indicted by the Shelby County Grand Jury for the offense of attempted second degree murder. He was subsequently tried by jury and found guilty of attempted second degree murder. In this appeal as of right, the Defendant argues (1) that the evidence was insufficient to support his conviction; (2) that the trial court erred by allowing into evidence four photographs of the victim's wounds; (3) that the trial court erred by allowing the victim to identify the Defendant from a photograph during trial; (4) that the trial court erred by allowing the State to question the Defendant about prior convictions after defense counsel concluded redirect examination; and (5) that the trial court erred by not instructing the jury on attempted voluntary manslaughter. We conclude that the trial court's failure to instruct the jury on the crime of attempted voluntary manslaughter as a lesser-included offense was plain error and was not harmless beyond a reasonable doubt. Accordingly, we reverse the Defendant's conviction and remand the case to the trial court for a new trial. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Larry M. Grigsby
Larry M. Grigsby entered guilty pleas to one count of promoting prostitution and two counts of criminal simulation. The manner of service, including entitlement to probation and/or Community Corrections, was submitted to the trial court. The trial court denied any form of alternative sentencing based upon Grigsby's extensive prior criminal history and the failure of previous measures less restrictive than total confinement. On appeal, Grigsby argues that the trial court erred in denying an alternative sentence. After review, we conclude that the record supports the trial court's sentencing decision. The judgment, accordingly, is affirmed. |
Sullivan | Court of Criminal Appeals | |
Keith J. Allen v. State of Tennessee
The Defendant was convicted of first degree murder and sentenced to life imprisonment. He filed for post-conviction relief on the grounds of ineffective assistance of counsel. After a hearing, the trial court denied relief. In this appeal as of right, the Defendant contends that the trial court erred. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Judy Martin
The Defendant was convicted by a jury of introducing drugs into a penal institution. She was sentenced to three years incarceration, suspended after ninety days. In this appeal as of right, the Defendant challenges the sufficiency of the evidence and her term of confinement. We affirm the judgment of the trial court. |
Carroll | Court of Criminal Appeals | |
Quentin Lewis v. State of Tennessee
This is an appeal from the denial of post-conviction relief. Appellant pled guilty to especially aggravated kidnapping and criminal attempt to commit first degree murder. Pursuant to a negotiated plea agreement, he received concurrent twenty-eight-year sentences to be served concurrently with his federal sentence, but consecutively to a thirty-year state sentence for aggravated robbery. Thereafter, appellant filed a petition for post-conviction relief alleging his trial counsel failed to provide effective representation and that, but for counsel's errors, he would not have pled guilty. The post-conviction court denied relief. We conclude trial counsel provided effective representation, and the appellant's plea was voluntarily and knowingly entered. Thus, the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals |
