Courtney B. Mathews v. State of Tennessee
The Petitioner, Courtney B. Mathews, appeals from the denial of his petition for post-conviction relief, wherein he challenged his jury convictions for four counts of first-degree felony murder and one count of especially aggravated robbery. On appeal, the Petitioner’s issues center around (1) an ex parte communication between the trial judge and trial counsel that took place at the trial judge’s residence; (2) trial counsels’ inadvertent disclosure of the unredacted timeline to the co-defendant’s defense team that contained attorney-client privileged information; (3) the lack of any jury instructions on lesser-included offenses for the felony murder counts; (4) the Petitioner’s alleged absence during the issuance of the supplemental jury instruction on criminal responsibility and when the trial judge answered jury questions; and (5) cumulative error. After a thorough review of the record, we reverse the judgment of the post-conviction court. We conclude that due to trial counsels’ various deficiencies, there has been a complete breakdown in the adversarial process during the Petitioner’s motion for new trial proceedings. While the Petitioner’s convictions remain intact, the case is remanded for further proceedings consistent with this opinion. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Chriteris Allen
The Madison County Grand Jury indicted Defendant, Chriteris Allen, in two separate indictments, each containing four counts. In Case Number 18-1445, Defendant was indicted for aggravated robbery in count one, aggravated sexual battery in count two, aggravated burglary in count three, and especially aggravated kidnapping in count four. In Case Number 18-1446, Defendant was indicted for aggravated burglary in count one, especially aggravated kidnapping in count two, aggravated robbery in count three, and aggravated rape in count four. Defendant submitted an open guilty plea on all counts. The trial court sentenced him to an effective sentence of forty-four years at one hundred percent. On appeal, Defendant argues that his sentence is excessive. After a thorough review of the record and applicable case law, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Johnny David Key
The Defendant, Johnny David Key, was convicted upon his guilty pleas of vehicular homicide, a Class B felony, and vehicular assault, a Class D felony. See T.C.A. §§ 39-13-213 (vehicular homicide) (2018), 39-13-106 (vehicular assault) (2018). The plea agreement called for Range I sentences of eight and four years, respectively, to be served concurrently, with the manner of service to be determined by the trial court. After a sentencing hearing, the court ordered that the Defendant serve his effective eight-year sentence in the Department of Correction. On appeal, the Defendant contends that the trial court erred in denying alternative sentencing. We affirm the judgments of the trial court. |
Fentress | Court of Criminal Appeals | |
State of Tennessee v. Denton Jones
The State of Tennessee appeals the Knox County Criminal Court’s denial of its motion pursuant to Tennessee Rule of Criminal Procedure 36.1. The State sought to correct the six-year sentence the trial court previously imposed for the Defendant’s two merged convictions for theft of property valued at $1,000 or more but less than $10,000. See T.C.A. §§ 39-14-103 (2014) (theft); 39-14-105 (2014) (subsequently amended) (grading of theft). On appeal, the State contends that the six-year sentence is illegal because the trial court improperly sentenced the Defendant pursuant to the amended version of the grading of theft statute, which became effective after the commission of the offense. We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Donald Dodd
A Shelby County jury convicted the Defendant, Donald Dodd, of second degree murder as charged, and the trial court imposed a sentence of twenty-five years at one hundred percent release eligibility. See Tenn. Code Ann. §§ 39-13-210, 40-35-501(i). On appeal, the Defendant argues that the evidence is insufficient to sustain his conviction. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. James R. Baysinger
The Defendant, James R. Baysinger, pleaded guilty to reckless homicide, a Class D felony. See T.C.A. § 39-13-215 (2018). Pursuant to the plea agreement, the trial court was to determine the length and the manner of service. The trial court sentenced the Defendant to two years and ordered him to serve five months, followed by four years’ probation. On appeal, the Defendant contends that the court erred by denying his requests for judicial diversion and full probation. We reverse the judgment of the trial court and remand the case to the trial court for a new sentencing hearing. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Andrew K. Johnston
The Appellant, Andrew K. Johnston, filed a pro se motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, and the Bedford County Circuit Court summarily denied the motion. On appeal, the Appellant contends that the twenty-seven-year sentence he received pursuant to his guilty plea to second degree murder is illegal because it is outside the maximum range of punishment for a Range I offender convicted of a Class A felony. Based upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Reginald Bernard Wilson
A Knox County jury convicted the Defendant, Reginald Bernard Wilson, of resisting arrest, and the trial court sentenced the Defendant to ninety days of unsupervised probation. On appeal, the Defendant asserts that the trial court erred when it denied his request for a jury instruction on self-defense and that the evidence is insufficient to support his conviction for resisting arrest. After review, we conclude that the trial court erred when it failed to instruct the jury as to self-defense. We, therefore, reverse the judgment of conviction and remand for a new trial. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. William Kevin Kennedy
The defendant, William Kevin Kennedy, appeals the revocation of the sentence of probation imposed for his 2016 Sullivan County Criminal Court convictions of solicitation of a minor and attempted aggravated sexual battery, claiming that he was deprived of the effective assistance of counsel at the revocation hearing. Because the interests of justice do not require the waiver of the timely filing of the notice of appeal in this case, the appeal is dismissed as untimely. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Howard Hose Horton, III
The defendant, Howard Hose Horton III, entered open pleas to one count of aggravated assault and one count of felony vandalism, and the trial court sentenced the defendant to an effective sentence of eight years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the sentence imposed by the trial court was excessive. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Matthew Douglas Nattress
The defendant, Matthew Douglas Nattress, appeals the order of the trial court revoking his probation and ordering him to serve his original ten-year sentence in confinement. Upon review of the record, we conclude the trial court did not abuse its discretion in finding the defendant violated the terms of his probation, and the imposed sentence is proper. Accordingly, the judgment of the trial court is affirmed. |
Giles | Court of Criminal Appeals | |
Tommy Dale Adams v. State of Tennessee
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Wilson | Court of Criminal Appeals | |
State of Tennessee v. Robbie Joe Kilgore
The defendant, Robbie Joe Kilgore, appeals the order of the trial court revoking his probation and ordering him to serve his original three-year sentence in confinement. Upon review of the record, we conclude the trial court did not abuse its discretion in finding the defendant violated the terms of his probation, and the imposed sentence is proper. Accordingly, the judgment of the trial court is affirmed. |
Warren | Court of Criminal Appeals | |
Voltaire Younger v. State of Tennessee
The Petitioner, Voltaire Younger, appeals the post-conviction court’s denial of his petition for post-conviction relief in which he challenged his guilty pleas to the possession of heroin with the intent to deliver and possession of a firearm during the commission of a dangerous felony. The Petitioner received an effective sentence of fifteen years. On appeal, the Petitioner alleges that he received ineffective assistance of counsel and that his guilty pleas were not voluntarily entered. After a review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Billy Anglin v. State of Tennessee
The Petitioner, Billy Anglin, appeals from the Williamson County Circuit Court’s denial of his petition for post-conviction relief from his convictions for first degree murder, attempted first degree murder, aggravated assault, and reckless endangerment, for which he is serving an effective sentence of life plus twenty-five years. On appeal, the Petitioner contends that the post-conviction court erred in denying relief on his ineffective assistance of counsel and due process claims. We affirm the judgment of the post-conviction court. |
Williamson | Court of Criminal Appeals | |
Justin C. Howell v. State of Tennessee
The Petitioner, Justin C. Howell, appeals the Williamson County Circuit Court’s denial of his petition for post-conviction relief, arguing he received ineffective assistance of counsel. After review, we affirm the denial of the petition. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Robert Beham
A Shelby County jury convicted the Defendant, Robert Beham, as charged of rape of a child and aggravated sexual battery, and the trial court imposed an effective sentence of forty years at one hundred percent. On appeal, the Defendant argues (1) the trial court erred in denying his motion for judgment of acquittal and the evidence is insufficient to sustain his convictions, and (2) the trial court abused its discretion in applying the enhancement factor regarding his history of criminal behavior. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Lonnie Lee Angel, Jr. v. State of Tennessee
The Petitioner, Lonnie Lee Angel, Jr., appeals the Bledsoe County Circuit Court’s denial of his petition for post-conviction relief from his 2011 conviction for second degree murder and his twenty-three-year sentence. The Petitioner contends that (1) he received the ineffective assistance of trial counsel and (2) the post-conviction court erred by prohibiting him from compelling the attendance of witnesses by subpoenas at the evidentiary hearing. We affirm the judgment of the post-conviction court. |
Bledsoe | Court of Criminal Appeals | |
Frederick R. Ross, Jr. v. State of Tennessee
Petitioner, Frederick R. Ross, Jr., appeals from the summary denial of his petition for writ of habeas corpus challenging his guilty-pleaded conviction for selling hydrocodone, a Schedule II drug. Because Petitioner failed to state a cognizable claim for habeas corpus relief, we affirm the judgment of the habeas corpus court. |
Sumner | Court of Criminal Appeals | |
Porscha J. Medaries v. State of Tennessee
The Petitioner, Porscha J. Medaries, appeals the post-conviction court’s denial of her petition for post-conviction relief in which she challenged her conviction for attempted first degree murder. On appeal, the Petitioner alleges that she received ineffective assistance of counsel and that her guilty plea was not knowingly entered. After a review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Bryon C. Stephens v. State of Tennessee
The Petitioner, Bryon C. Stephens, appeals the summary dismissal of his petition for post-conviction relief, asserting that he is entitled to relief because his guilty pleas were unknowingly entered, and he received ineffective assistance of counsel. After review, we affirm dismissal of the petition as time-barred. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Michael Wayne Robinson, Jr.
A Madison County jury convicted the defendant, Michael Wayne Robinson, Jr., of three counts of aggravated assault, one count of reckless endangerment with a deadly weapon, and one count of unlawful possession of a firearm by a convicted felon. Following a sentencing hearing, the trial court imposed an effective sentence of eighteen years in confinement. On appeal, the defendant challenges the sufficiency of the evidence to support his convictions and the trial court’s imposition of consecutive sentencing. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Cory Lamont Batey
A Davidson County Criminal Court Jury convicted the Appellant, Cory Lamont Batey, of one count of aggravated rape, a Class A felony; two counts of attempted aggravated rape, a Class B felony; one count of facilitation of aggravated rape, a Class B felony; and three counts of aggravated sexual battery, a Class B felony. After a sentencing hearing, he received a fifteen-year sentence to be served at one hundred percent for the aggravated rape conviction and concurrent eight-year sentences for the remaining convictions for a total effective sentence of fifteen years. On appeal, the Appellant contends that the trial court improperly instructed the jury on the mens rea for the offenses and erred by instructing the jury that voluntary intoxication was not a defense to aggravated rape; that the trial court erred by failing to dismiss the superseding indictment because it violated double jeopardy; that the trial court improperly admitted hearsay evidence regarding a codefendant’s statements and conduct; and that the evidence is insufficient to support the convictions. The State argues that the trial court erred during sentencing by considering ex parte letters and emails written on the Appellant’s behalf and requests that this court remand the case to the trial court for a new sentencing hearing. We conclude that the State should not have issued a superseding indictment charging the Appellant with aggravated rape in count four but that plain error does not require a retrial on that count. Accordingly, finding no reversible error, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Buford Trammell
A Knox County jury convicted the Defendant, Buford Trammell, of six counts of rape, three counts of statutory rape by an authority figure, one count of solicitation of a minor, one count of casual exchange of a controlled substance, and one count of sexual battery by an authority figure. After merging the appropriate convictions, the trial court ordered an effective sentence of twenty years in the Tennessee Department of Correction. On appeal, the Defendant asserts that there is insufficient evidence to sustain the jury’s verdict and that the trial court erred when it imposed consecutive sentences. After review, we affirm the trial court’s judgments. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Kelley Hufford
A jury convicted the Defendant, Kelley Hufford, of conspiracy to commit first degree murder, first degree premeditated murder, first degree felony murder, two counts of especially aggravated kidnapping, three counts of aggravated kidnapping, and tampering with evidence for the abduction and homicide of her boyfriend. On appeal, the Defendant raises only a challenge to the territorial jurisdiction of the court, alleging that the evidence did not establish that the crimes occurred in Tennessee. After a thorough review of the record, we conclude that the evidence established that the trial court had territorial jurisdiction, and we affirm the convictions, remanding for merger of the kidnapping offenses. |
Montgomery | Court of Criminal Appeals |
