State of Tennessee v. Kendrick Rivers
Defendant, Kendrick Rivers, was found guilty of aggravated assault in concert with two or more other persons after an incident at Northwest Correctional Complex (“Northwest”) in Tiptonville, Tennessee, during which a correctional officer was attacked by several inmates. As a result of the conviction, Defendant was sentenced to fifteen years in incarceration. On appeal, Defendant argues that the evidence was insufficient to support the conviction, that the trial court erred in refusing to allow Defendant to introduce another inmate’s conviction for the same offense, and that the trial court erred in sentencing Defendant. For the following reasons, we affirm the judgment of the trial court. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Dustin Michael Cathey
The Defendant, Dustin Michael Cathey, was convicted by a Crockett County Circuit Court jury of first degree felony murder and second degree murder. The second degree murder conviction merged into the conviction for felony murder, and the trial court imposed a life sentence. On appeal, the Defendant argues that the trial court erred in including language regarding criminal responsibility for the conduct of another in its jury charge, and he also argues that the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court. |
Crockett | Court of Criminal Appeals | |
State of Tennessee v. Thorne Peters
The Defendant, Thorne Peters, was convicted by a Shelby County Criminal Court jury of possession of a firearm during the commission of a felony drug offense, a Class D felony; possession of marijuana with intent to sell, a Class E felony; and possession of marijuana with intent to deliver, a Class E felony. The trial court merged the drug convictions and imposed an effective sentence of four years. On appeal, the Defendant challenges the sufficiency of the evidence convicting him of possession of a firearm during the commission of a felony drug offense. After review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Brandon Robert Vandenburg
A Davidson County jury convicted Brandon Robert Vandenburg, Defendant, of five counts of aggravated rape, two counts of aggravated sexual battery, and one count of unlawful photography. On appeal, Defendant argues the following: (1) the trial court’s denial of his motion to dismiss the superseding indictment violated his right to due process and protection from double jeopardy and violated Tennessee Rule of Criminal Procedure 8; (2) prosecution on the superseding indictment created a realistic likelihood of vindictive prosecution; (3) the trial court erred in excluding the testimony of Dr. J. Sidney Alexander; (4) the trial court erred by denying Defendant’s request to question potential jurors about recent rape cases in national news and by failing to timely admonish prospective jurors; (5) the trial court erred in denying Defendant’s motion to suppress the June 27, 2013 interrogation and evidence obtained based on that interrogation; (6) the trial court erred in excluding Defendant’s voicemail on Joseph Quinzio’s cell phone; (7) the trial court erred by instructing the jury on the requisite culpability for criminal responsibility and on “presence and companionship” as it relates to criminal responsibility; (8) the State committed prosecutorial misconduct during closing arguments; (9) the evidence was insufficient for a rational juror to have found Defendant guilty beyond a reasonable doubt; (10) Tennessee Code Annotated section 39-13-605 is void for vagueness; (11) the trial court erred in ordering Defendant to serve an excessive sentence; (12) the trial court erred in denying Defendant’s motion to recuse; (13) the trial court erred by excluding evidence of the co-defendants’ prior bad acts; (14) the trial court erred by denying Defendant’s Tennessee Rule of Evidence 412 motion; and (15) the cumulative errors in Defendant’s trial warrant a new trial. After a thorough review of the facts and applicable case law, we affirm the trial court’s judgments in counts one through four and six through eight. Although not raised by either party, we determine that Defendant’s conviction of aggravated rape in count five must be vacated. We modify the conviction in count five to attempted aggravated rape and remand to the trial court for sentencing in count five. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Brian Williams
The Defendant, Brian Williams, was indicted for aggravated burglary, a Class C felony; and theft of property valued at $1000 or less, a Class A misdemeanor. See Tenn. Code Ann. §§ 39-14-103, -105, -403. The Defendant pled guilty to the theft charge and was convicted by a jury of the aggravated burglary charge. The trial court later imposed a total effective sentence of four years. On appeal, the Defendant contends that the evidence was insufficient to sustain his conviction for aggravated burglary. Discerning no error, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Demarcus Lamont Gonner
Pro se Petitioner, Demarcus L. Gonner, appeals from the Davidson County Criminal Court’s summary denial of his motion to correct an illegal sentence pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure. After review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Travis Capshaw v. State of Tennessee
Petitioner, Travis Capshaw, appeals the denial of his post-conviction petition. Petitioner argues that he was denied effective assistance of counsel when his trial counsel (1) failed to adequately utilize mental health issues as a mitigating factor in Petitioner’s first degree murder charge and (2) such failure caused trial counsel to erroneously advise Petitioner to plead guilty. Following a review of the briefs of the parties and the record, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Darrell Dean Hochhalter v. State of Tennessee
The petitioner, Darrell Dean Hochhalter, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial. Following our review, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
Joshua Terron Johnson v. State of Tennessee
The Petitioner, Joshua Terron Johnson, appeals the Knox County Criminal Court’s denial of his petition for post-conviction relief from his 2014 convictions for facilitation of attempted first degree murder, employing a firearm during the commission of a dangerous felony, unlawful possession of a weapon, and aggravated assault and his effective sentence of twenty-six years. The Petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Henry Epps v. State of Tennessee
Henry Epps, Petitioner, entered a best interest plea to six counts of sexual exploitation of a minor; the remaining nine counts of sexual exploitation of a minor were dismissed per the negotiated plea agreement. Petitioner received an effective sentence of eight years with release eligibility after service of 100% of the sentence in the Tennessee Department of Correction. Petitioner filed an original and an amended petition for post-conviction relief. After an evidentiary hearing, the post-conviction court denied relief. Petitioner filed a timely notice of appeal. This court reversed and remanded for a new post-conviction hearing and for entry of an order that contained specific findings of fact and conclusions of law relating to all issues raised. At the second post-conviction hearing, the post-conviction court admitted numerous affidavits and reports from Petitioner’s forensic expert and the State’s forensic expert. The post-conviction court then denied relief in an order. On appeal, Petitioner alleges that trial counsel’s performance was deficient because he “failed to consult with or inform [Petitioner] as to whether [Petitioner]’s expert would be used at trial” and “unilaterally discarded [Petitioner]’s defense, allowing him no say as to whether the case would proceed to a trial that would have presumably consisted of a jury hearing testimony from each side’s competing experts.” Petitioner asserts that he would have proceeded to trial absent trial counsel’s deficient performance. He also contends that he did not knowingly and voluntarily plead guilty because he “did not have a meaningful opportunity to confer with trial counsel about alternatives[,]” that “trial counsel . . . unilaterally deprived [Petitioner] of the option to choose trial[,]” and that Petitioner “had no prior experience with criminal proceedings, which would have weighed in favor of a finding that [Petitioner]’s plea was not voluntary, intelligent, or knowing.” After a thorough review of the facts and applicable case law, we affirm. |
Montgomery | Court of Criminal Appeals | |
Timothy Dunn, Sr. v. State of Tennessee
The Petitioner, Timothy Dunn, Sr., appeals from the Robertson County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner contends that his trial counsel was ineffective in failing to explain to the Petitioner the possible sentence he could receive if convicted at trial. Discerning no error, we affirm the judgment of the post conviction court. |
Robertson | Court of Criminal Appeals | |
Cyrus Deville Wilson v. State of Tennessee
Cyrus DeVille Wilson, Petitioner, filed a petition for writ of error coram nobis. He argued that two key witnesses for the State, Marquise Harris and Phedrek Davis, had recanted their testimony. Petitioner argued that this recanted testimony was newly-discovered evidence that may have affected the outcome of his trial if it had been admitted. The coram nobis court denied relief. On appeal, Petitioner asserts that the coram nobis court abused its discretion by denying his petition. He argues that the coram nobis court illogically credited Mr. Harris’ and Mr. Davis’ trial testimony as juveniles over their recanted testimony as adults. He also contends that Detective Bill Pridemore’s testimony that Mr. Harris only spoke with police after being assured that he would receive a Crime Stopper reward was newly-discovered evidence that may have had an impact on the outcome of his trial. After a thorough review of the facts and applicable case law, we affirm. |
Davidson | Court of Criminal Appeals | |
Antonio Terrell Pewitte v. State of Tennessee
The Petitioner, Antonio Terrell Pewitte, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2015 conviction for aggravated child neglect and his twenty-year sentence. The Petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Austin Andrew Morse
Defendant, Austin Andrew Morse, was indicted by the Davidson County Grand Jury for six counts of aggravated child abuse, four counts of aggravated child neglect, and four counts of aggravated child endangerment. Pursuant to a plea agreement, Defendant pleaded guilty to two counts of aggravated child neglect. The remaining counts were dismissed. It was agreed that Defendant’s sentences would be served concurrently with a 70 percent release eligibility date. The trial court would determine the length of the sentences. Following a sentencing hearing, the trial court imposed sentences of 19 and 21 years for Defendant’s convictions. In this appeal as of right, Defendant contends that the trial court abused its discretion in imposing the length of his sentences. Having reviewed the entire record and the briefs of both parties, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jordan Clayton, Carlos Stokes, and Branden Brookins
Defendants, Jordan Clayton, Carlos Stokes, and Branden Brookins, were convicted of first degree murder, conspiracy to commit first degree murder, attempt to commit first degree murder, two counts of employing a firearm during the commission of a dangerous felony, and reckless endangerment after a jury found them guilty of the murder of a seven-year-old female child. Defendant Clayton was also convicted of being a felon in possession of a firearm. On appeal, Defendants challenge the trial court’s refusal to sever the cases for trial, the admissibility of a recording of a preliminary hearing and a written statement of a witness with memory loss, and the sufficiency of the evidence. We determine that the trial court did not abuse its discretion by denying a motion to sever or by admitting the preliminary hearing recording and written statement into evidence. Additionally, we determine that the evidence was sufficient to support the convictions. Consequently, we affirm the judgments of the trial court with respect to the convictions for first degree murder, attempted first degree murder, employing a firearm during the commission of a dangerous felony, and reckless endangerment. However, we reverse the judgments of the trial court with respect to the conspiracy to commit first degree murder convictions because the trial court improperly merged the conspiracy convictions with the first degree murder convictions. On remand, the trial court should reinstate the judgments for conspiracy to commit first degree murder. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Shalonda Renee Pettus
The defendant, Shalonda Renee Pettus, entered an open plea to aggravated child neglect, and the trial court sentenced her to fifteen years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court improperly weighed enhancement factor (1). After reviewing the record and considering the applicable law, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Bernie Ray McGill v. State of Tennessee
The Petitioner, Bernie Ray McGill, appeals the Knox County Criminal Court’s denial of his petition for post-conviction relief from his conviction of aggravated assault and tenyear sentence. On appeal, he contends that the post-conviction court erred by finding that his petition was barred by the statute of limitations because due process required that the statute of limitations be tolled. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Danny D. Keen
A Wilson County jury convicted the defendant, Danny D. Keen, of aggravated robbery, and the trial court imposed a sentence of eight years in confinement. On appeal, the defendant challenges the sufficiency of the evidence to support his conviction. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Charles Sinclair Hodge
A Davidson County Criminal Court Jury convicted the Appellant, Charles Sinclair Hodge, of aggravated assault resulting in death and criminally negligent homicide, and the trial court ordered him to serve two years in confinement for criminally negligent homicide and five years on supervised probation for aggravated assault after completing the two-year sentence. The trial court then merged the convictions. On appeal, the Appellant contends that the trial court’s sentencing him for both convictions and entering two separate judgments of conviction violate double jeopardy principles. Based upon the record and the parties’ briefs, we conclude that the trial court properly entered two separate judgments of conviction as required by our supreme court; however, the case must be remanded to the trial court because of errors in sentencing. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Cedric Dante Harris
Defendant, Cedric Dante Harris, was convicted of possession of 0.5 grams or more of methamphetamine with intent to deliver, simple possession of marijuana, and tampering with evidence. He appeals, arguing that the evidence was insufficient to support his convictions. After carefully reviewing the record, we conclude that the evidence was sufficient. Accordingly, the judgments of the trial court are affirmed. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Bobby Lewis Parks
The defendant, Bobby Lewis Parks, entered an open plea to two counts of sale of 0.5 grams or more of cocaine, two counts of delivery of 0.5 grams or more of cocaine, one count of sale of less than 0.5 grams of cocaine, and one count of delivery of less than 0.5 grams of cocaine. The trial court sentenced the defendant to an effective sentence of thirty 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. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Kelvin Dewayne Golden
A Madison County jury convicted the defendant, Kelvin Dewayne Golden, of aggravated sexual battery, and the trial court imposed a sentence of ten years’ confinement. On appeal, the defendant challenges the sufficiency of the evidence to support his conviction and argues the sentence imposed by the trial court was excessive. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Luis A. Meza Olivera
The Defendant, Luis A. Meza Olivera, was convicted by a jury of two counts of aggravated assault, a Class C felony; and three counts of aggravated kidnapping, a Class B felony. See Tenn. Code Ann. §§ 39-13-102, -304. The trial court merged the convictions into one count of aggravated assault and one count of aggravated kidnapping. The trial court then imposed a total effective sentence of twelve years. On appeal, the Defendant contends that (1) the evidence was insufficient to sustain his convictions; (2) the trial court erred in admitting evidence of three prior incidents of domestic violence involving the Defendant and the victim; (3) the trial court erred in allowing a child witness to testify by closed circuit television; (4) the trial court erred in excluding a video recording taken after the offenses were committed; (5) the trial court abused its discretion by imposing the maximum sentence for each conviction; and (6) a new trial is warranted due to cumulative error.1 Following our review, we affirm the judgments of the trial court. |
Washington | Court of Criminal Appeals | |
Eric Thomas v. State of Tennessee
The Petitioner, Eric Thomas, appeals the Davidson County Criminal Court’s denial of his third petition for habeas corpus relief challenging his 1999 convictions for robbery and the resulting thirty-two-year and one-day sentence. He contends that he is being illegally detained because amended judgments of convictions were never entered following resentencing and that absent entry of valid judgment forms imposing his restraint, his six-year sentences have expired. The habeas corpus court concluded that the Petitioner had failed to state a cognizable claim for relief. We affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Darryl Rene Morgan
The State of Tennessee appeals the Knox County Criminal Court’s order granting the Defendant’s motion to suppress, which resulted in the dismissal of the case. On appeal, the State contends that the trial court erred because the warrantless search of the Defendant was conducted pursuant to probable cause and exigent circumstances. We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals |
