State of Tennessee v. Aaron Long
The defendant, Aaron Long, appeals the denial of his request for judicial diversion by the Fayette County Circuit Court. The defendant contends the trial court erred in denying his request for diversion by improperly relying on two previous misdemeanor convictions for which he served no jail time. After our review, we affirm the trial court’s denial and imposition of an effective three-year sentence of supervised probation. The judgments of the trial court are affirmed. |
Fayette | Court of Criminal Appeals | |
State of Tennessee v. Timothy Leron Brown
The Defendant, Timothy Leron Brown, was convicted of first degree premeditated murder, unlawful possession of a handgun by a convicted felon, three counts of especially aggravated kidnapping, attempted first degree murder, especially aggravated robbery, employment of a firearm during the commission of a dangerous felony while having prior felony convictions, theft of property valued less than $500, and failure to appear. The Defendant received an effective sentence of life plus thirty-one years. On appeal, the Defendant challenges (1) the sufficiency of the evidence of his convictions for first degree premeditated murder and theft, (2) the trial court’s denial of his motion to sever the offenses for trial, (3) the admission of bad act evidence pursuant to Tennessee Rule of Evidence 404(b), (4) the admission of evidence that the murder victim was a police informant, (5) the trial court’s denial of his motion to suppress his cell phone records obtained pursuant to a judicial subpoena, (6) the trial court’s denial of his motion to exclude cell tower evidence as unreliable expert proof, (7) the trial court’s denial of his motion to suppress evidence obtained from the search of his cell phone, (8) the admission of text messages from the Defendant’s cell phone, (9) the admission of photographs from the Defendant’s cell phone, and (10) the trial court’s imposition of partial consecutive sentences. We conclude that the evidence is insufficient to support the Defendant’s theft conviction, and we, therefore, reverse and dismiss the theft conviction. We also conclude that the trial court erred in failing to sever the offenses and that the error was not harmless as to the Defendant’s conviction for first degree premeditated murder. Accordingly, we reverse the Defendant’s conviction for first degree premeditated murder and remand the case to the trial court for a new trial. We otherwise affirm the trial court’s judgments. |
Davidson | Court of Criminal Appeals | |
Anthony Blake Wisdom v. State of Tennessee
The Petitioner, Anthony Blake Wisdom, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his conviction of aggravated robbery and resulting fourteen-year sentence. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Bill Shannon Wilson v. State of Tennessee
The petitioner, Bill Shannon Wilson, appeals the denial of his petition for post-conviction relief, which petition challenged his Campbell County Criminal Court jury convictions of rape of a child. In this appeal, the petitioner reiterates his claim that he was deprived of the effective assistance of counsel and that the cumulative effect of the errors of his counsel, when combined with errors committed by the trial court and this court, deprived him of the right to a fair trial. Because the petitioner has failed to establish that he is entitled to post-conviction relief, we affirm. |
Campbell | Court of Criminal Appeals | |
Demario Lawon Fisher v. State of Tennessee
Petitioner, Demario Lawon Fisher, pled guilty to attempted especially aggravated robbery, two counts of attempted first degree murder, and employment of a firearm during the commission of a dangerous felony in exchange for a total effective sentence of twenty-five years. Petitioner subsequently filed a petition for post-conviction relief, alleging that he received the ineffective assistance of counsel and that his guilty plea was not knowing and voluntary. The post-conviction court denied relief, and upon our review of the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Mandon Rogers
Mandon Rogers, Defendant, was convicted of attempted first degree murder (resulting in serious bodily injury), employing a firearm during the commission of a dangerous felony, and possession of a firearm by a convicted felon. Defendant claims the evidence was insufficient to show that he intended to kill the victim or that the victim suffered serious bodily injury and that, if the attempted murder conviction is reversed, his conviction for employing a firearm during the commission of a dangerous felony should also be reversed. After a review of the record, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kevin Gantt
On March 26, 2018, the Defendant, Kevin Gantt, pleaded guilty to soliciting sexual exploitation of a minor. The trial court sentenced him as a Range I, standard offender to two years at 30% in the Department of Correction and required that he register as a sex offender. The Defendant argues on appeal that the trial court erred in sentencing him to the maximum sentence of two years and in denying his request for judicial diversion. After thorough review, we affirm the sentencing decision of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Trimon Pruitt
Defendant, Trimon Pruitt, was indicted by the Madison County Grand Jury for first degree murder. Following a jury trial, Defendant was convicted of second degree murder. The trial court sentenced Defendant to 24 years’ imprisonment with 100 percent release eligibility. In this appeal as of right, Defendant contends: 1) the evidence at trial was insufficient to support his conviction; 2) the trial court erred by admitting into evidence a statement made by Defendant; 3) the trial court abused its discretion in sentencing Defendant. Having reviewed the entire record and the briefs of the parties, we find no error. Accordingly, the judgment of the trial court is affirmed. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Rad Mandela Kellar
The Defendant, Rad Mandela Kellar, appeals as of right from the Hamilton County Criminal Court’s denial of his request for judicial diversion. The Defendant pled guilty to possession of not less than ten pounds, one gram of marijuana nor more than seventy pounds of marijuana with intent to sell, and he was sentenced to two years of unsupervised probation. On appeal, the Defendant contends that the trial court abused its discretion by denying judicial diversion. Discerning no error, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Robert William Ward
The Defendant, Robert William Ward, was convicted by a Davidson County Criminal Court jury of attempted first degree murder with serious bodily injury, a Class A felony, and possession of a firearm during the commission of or attempt to commit a dangerous felony, a Class C felony. See T.C.A. §§ 39-12-101 (2018) (criminal attempt), 39-13-202 (2014) (first degree murder), 40-35-501(k)(5) (2014) (amended 2015, 2016) (sentencing for attempted first degree murder with serious bodily injury), 39-17-1324 (2014) (firearms possession). He received an effective thirty-five-year sentence, to be served consecutively to his sentence in another case. On appeal, he contends that: (1) the evidence is insufficient to support his attempted first degree murder with serious bodily injury conviction, (2) the trial court erred in admitting evidence of the Defendant’s prior conduct, (3) the court erred in failing to strike hearsay testimony from the record, (4) the court erred in admitting a State’s witness’s prior statement, (5) the court erred in limiting his cross-examination of a State’s witness, (6) cumulative trial error requires relief, and (7) his attempted first degree murder sentence is excessive. We affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jocelin Williams
A Shelby County jury convicted the Defendant-Appellant, Jocelin Williams, of firstdegree, premeditated murder of Delvin Brown, the victim in this case. She was also convicted of murder during the perpetration of robbery, especially aggravated robbery, and theft of property valued over $500. The trial court merged the murder convictions and imposed an effective sentence of life plus twenty years’ imprisonment. In this appeal as of right, the Defendant presents the following issues for our review: (1) whether the trial court erred in denying her motion to suppress a statement which was given while she was alleged to have been impaired; and (2) whether the evidence adduced at trial was sufficient to support her convictions of first-degree murder and especially aggravated robbery. Upon our review, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Germaine Markques Long
The Defendant, Germaine Markques Long, was found guilty by a Madison County Circuit Court jury of two counts of identity theft, a Class D felony, and theft of property valued at $1000 or less, a Class A misdemeanor. See T.C.A. §§ 39-14-150 (2018) (identity theft); 39-14-103 (2018) (theft); 39-14-105 (2018) (grading of theft). The trial court sentenced the Defendant as a Range I, standard offender to concurrent terms of four years for each identity theft conviction and eleven months, twenty-nine days for the misdemeanor theft conviction. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions and (2) the trial court erred by denying his motion for a mistrial. We affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Derrick Settles
The pro se Defendant, Derrick Settles, appeals the trial court’s denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. After thorough review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Robert Belt
A Shelby County jury convicted the Defendant-Appellant, Robert Belt, of first-degree, premeditated murder of Delvin Brown, the victim in this case. He was also convicted of murder during the perpetration of robbery and especially aggravated robbery. The trial court merged the murder convictions and imposed an effective sentence of life plus twenty-five years’ imprisonment. In this appeal as of right, the Defendant presents the following issues for our review: (1) whether the trial court erred in denying the Defendant’s motion to suppress; (2) whether the evidence is sufficient to convict the Defendant of first-degree murder; and (3) whether the trial court erred in ordering the sentences to be served consecutively. Upon our review, we affirm. |
Shelby | Court of Criminal Appeals | |
Nicos Broadnax v. State of Tennessee
The Petitioner, Nicos Broadnax, appeals the denial of his petition for post-conviction relief, arguing that trial counsel’s admitting that the Petitioner was guilty of robbery in opening statement was “ineffective and prejudicial.” Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marick Pettis
The Appellant, Marick Pettis, pled guilty to being a felon in possession of a firearm and identity theft and received a total effective sentence of ten years. Thereafter, the Appellant filed a “Petition for Suspension of Sentence,” which was denied by the trial court. The Appellant appeals. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Craig Markeem Taylor
The Defendant, Craig Markeem Taylor, was convicted by a Madison County jury of first degree premeditated murder, two counts of first degree felony murder, attempted aggravated burglary, and two counts of attempted aggravated robbery. The trial court merged the felony murder convictions into the first degree premeditated murder conviction and sentenced the Defendant to life for the murder conviction, five years for each of the attempted aggravated robbery convictions, and three years for the attempted aggravated burglary conviction. The court ordered the attempted robbery sentences to be served concurrently with each other but consecutively to the sentence for first degree murder. The court ordered that the sentence for attempted aggravated burglary be served consecutively to the sentences for attempted aggravated robbery, for a total effective sentence of life plus eight years in the Department of Correction. On appeal, the Defendant challenges the sufficiency of the evidence and argues that the trial court committed reversible error by excluding proposed witness testimony on the erroneous basis that it constituted alibi testimony for which the State had not received prior notice. Following our review, we affirm the judgments of the trial court but remand for entry of a corrected judgment in count five in order for the “Jury Verdict” box to be checked to reflect that the Defendant was convicted of the indicted offense pursuant to a jury verdict. |
Madison | Court of Criminal Appeals | |
Peter D. Billington v. Shawn Phillips, Warden
The pro se Petitioner, Peter D. Billington, appeals the summary dismissal of his petition for writ of habeas corpus. Following our review, we affirm the dismissal of the petition. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Shawna N. Henson
The Defendant-Appellant, Shawna N. Henson, was indicted by a Campbell County grand jury for tampering with evidence and possession of drug paraphernalia in Case No. 17592, and for theft over $500 in Case No. 17593. See Tenn. Code Ann. §§ 39-14-103; 39-16-503; 39-17-425. Pursuant to a plea agreement, the Defendant pled guilty to all three charges. The trial court sentenced her as a Range II, multiple offender to an effective term of nine years’ imprisonment. On appeal, the Defendant challenges her sentence as inconsistent with the purposes and principles of sentencing under Tennessee Code Annotated sections 40-35-102 and 103. Upon review, we affirm the judgments of the trial court. |
Campbell | Court of Criminal Appeals | |
Dane Sayles, Alias Bradley Harper v. State of Tennessee
The Petitioner, Dane Sayles, appeals the Hamilton County Criminal Court’s denial of his petition for post-conviction relief from his conviction of possession of three hundred grams or more of cocaine for resale and resulting forty-year sentence as a Range II, multiple offender. On appeal, the Petitioner contends that the post-conviction court erred by refusing to apply Riley v. California, 134 S. Ct. 2473 (2014), which prohibits the warrantless search of an arrestee’s cellular telephone incident to arrest, retroactively. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Perry Avram March
Defendant, Perry Avram March, was convicted in Case No. 2004-D-3113 of second degree murder, abuse of a corpse, and destruction of evidence for his role in the death of his wife and in Case No. 2005-D-2854 of conspiracy to commit first degree murder for his plan to kill his in-laws. Defendant was sentenced to a total effective sentence of fifty-six years. Defendant’s direct appeals were unsuccessful. See State v. March, 494 S.W.3d 52 (Tenn. Crim. App. 2010) (“the conspiracy case”); State v. March, 395 S.W.3d 738 (Tenn. Crim. App. 2011) (“the murder case”). Subsequently, Defendant sought relief by filing a motion pursuant to Tennessee Rule of Criminal Procedure 36, arguing that there was an error in one of the judgment forms with regard to the manner of service of the sentence. The trial court denied relief. On appeal, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Christopher Swift
The Defendant, Christopher Swift, was convicted by a jury of first degree premeditated murder; attempted first degree murder, a Class A felony; and employment of a firearm during the commission of a dangerous felony; a Class C felony. See Tenn. Code Ann. §§ 39-12-101, -13-202, -17-1324. The trial court later imposed a total effective sentence of life plus twenty-six years. On appeal, the Defendant contends that (1) the evidence was insufficient to sustain the Defendant’s conviction for first degree premeditated murder; (2) the trial court abused its discretion in denying the Defendant’s motion to disqualify one of the prosecutors; (3) African-Americans were improperly excluded from the jury venire; (4) the State “intentionally mislead [the] jury” during the examination of one of its witnesses; (5) the trial court erred by allowing the admission of hearsay; (6) the trial court erred by allowing the jury to review transcripts of recorded jail phone calls as those recordings were played; (7) the State improperly displayed photographic exhibits during its closing argument; (8) the State withheld evidence; and (9) a new trial is warranted due to cumulative error. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Linda Anne Dunavant
The Defendant, Linda Anne Dunavant, was convicted by a jury of aggravated assault and two counts each of first degree felony murder, aggravated child neglect, and aggravated arson. She challenges her convictions on appeal, arguing that (1) the evidence was insufficient to support her convictions, specifically that the State did not negate her expert’s testimony that “the fire rekindled by accident,” and (2) the trial court erred in refusing to issue an instruction on setting fire to personal property or land, and its attempt, as a lesser-included offense of aggravated arson. After a thorough review of the record, we affirm the judgments of the trial court. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. David Lassiter
The Defendant, David Lassiter, pled guilty to four counts of theft of property valued at $2,500 or more and four counts of theft of property valued at more than $1,000. He received an effective sentence of sixteen years. On appeal, the Defendant challenges the trial court’s denial of alternative sentencing and the imposition of partial consecutive sentences. Upon review of the record and applicable law, we affirm the trial court’s judgments. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Makyle Love
The Defendant, Makyle Love, was convicted of aggravated rape and was sentenced to twenty-three years of incarceration. On appeal, the Defendant challenges the sufficiency of the evidence. Upon review of the record and applicable law, we affirm the Defendant’s conviction. |
Shelby | Court of Criminal Appeals |
