Angela M. Greene v. State of Tennessee
The Petitioner, Angela Greene, filed a post-conviction petition, seeking relief from her convictions of first degree murder in the perpetration of a theft, aggravated assault, and theft of property valued at $1,000 or more but less than $10,000 and the accompanying life sentence. The Petitioner raised numerous allegations of ineffective assistance of trial counsel, including insufficient trial preparation, failure to request a continuance when cocounsel became ill, failure to raise objections during trial, failure to ask the Petitioner on direct examination whether she killed the victim, and a conflict of interest due to his prior representation of a State’s witness. Following the post-conviction court’s denial of relief, the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
McMinn | Court of Criminal Appeals | |
State of Tennessee v. Darius Alexander Cox
Defendant, Darius Alexander Cox, was convicted after a jury trial of two counts of especially aggravated kidnapping, two counts of aggravated robbery, and two counts of employing a firearm during a dangerous felony. After a sentencing hearing, Defendant received a total effective sentence of forty years. After the denial of his motion for new trial, Defendant appeals and argues that the evidence was insufficient to support his convictions, that the trial court erroneously admitted evidence of other crimes under Tennessee Rule of Evidence 404(b), that the prosecutor made improper comments during closing argument, and that the trial court erred by imposing consecutive sentences. After a thorough review, we conclude that the trial court committed reversible error by admitting evidence of Defendant’s other crimes because the evidence was not relevant to a material issue other than Defendant’s character. Accordingly, we reverse the judgments of the trial court and remand for a new trial. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Anthony Eugene Barnett
The defendant, Anthony Eugene Barnett, appeals his Lawrence County Circuit Court jury convictions of possession with intent to sell alprazolam, possession of a firearm with the intent to go armed during the commission of a dangerous felony, simple possession of marijuana, and speeding, challenging the sufficiency of the convicting evidence and the trial court’s ruling admitting certain evidence. Discerning no error, we affirm. |
Lawrence | Court of Criminal Appeals | |
Almonda Duckworth v. State of Tennessee
The Petitioner, Almonda Duckworth, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of counsel and his guilty pleas were unknowing and involuntary. Following our review, we affirm the judgment of the |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Stephen Richard Mayes
The Defendant, Stephen Richard Mayes, pleaded guilty to aggravated kidnapping, and the trial court entered the agreed out-of-range sentence of fifteen years of incarceration, to be served as a Range II offender. The Defendant filed a motion to correct an illegal sentence pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure, alleging that he was mentally incompetent at the time of sentencing, that he negotiated to be sentenced as a Range I offender and not a Range II offender, and that his sentence was illegal as it was out-of-range. The trial court summarily dismissed the motion, finding that he had not presented a colorable claim for relief because he had negotiated and agreed to an out-of-range sentence, which had not yet expired. On appeal, the Defendant maintains that his sentence is illegal. After review, we affirm the criminal court’s judgment.
|
Knox | Court of Criminal Appeals | |
State of Tennessee v. Larry Joe Carroll, AKA Larrie Carroll
Following a bench trial, Larry Joe Carroll (“Defendant”) was convicted of criminal trespass, criminal simulation valued at $1,000 or less, and criminal impersonation, for which he received an effective sentence of two years to serve in the Tennessee Department of Correction. On appeal, Defendant challenges the sufficiency of the evidence as it relates to his convictions for criminal simulation valued at $1,000 or less and criminal impersonation. Following a thorough review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Joe T. Brooks
The Defendant, Joe T. Brooks, appeals as of right, from the Hamilton County Criminal Court’s revocation of his probationary sentence and order of nine months’ incarceration for his conviction of reckless endangerment. The Defendant contends that the trial court abused its discretion by ordering him to serve nine months of confinement before being returned to supervised probation. Following our review, we affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. David Levon Byers, Jr.
Following a bench trial, the Defendant-Appellant, David Levon Byers, Jr., was convicted of possession of a weapon by a convicted felon, possession of drug paraphernalia, and “improper lane change” in violation of Tenn. Code Ann. § 55-8-123, for which he received an effective sentence of four-years to be served on supervised probation. Prior to trial, the Defendant filed a motion to suppress challenging the constitutionality of the traffic stop, which was denied by the trial court. The sole issue presented in this appeal as of right is whether the trial court erred in denying his motion to suppress. Upon our review, we affirm. |
Fayette | Court of Criminal Appeals | |
State of Tennessee v. Ronnell Barclay
Defendant, Ronnell Barclay, was convicted after a jury trial of one count of rape of a child, one count of aggravated sexual battery, and six counts of exploitation of a minor. After a sentencing hearing, Defendant was sentenced to a total effective sentence of |
Shelby | Court of Criminal Appeals | |
Alejandro Vasquez v. State of Tennessee
The Petitioner, Alejandro Vasquez, appeals the dismissal of his petition for post-conviction relief, arguing that due process considerations should toll the running of the statute of limitations because he is a native Spanish speaker and cannot speak English. Following our review, we affirm the dismissal of the petition as time-barred. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Robert Antwan McElmurry
The Defendant, Robert Antwan McElmurry, was convicted by a Dyer County Circuit Court jury of aggravated statutory rape, a Class D felony, and was sentenced to eight years in the Department of Correction. On appeal, he argues that the evidence is insufficient to sustain his conviction. After review, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Guthrie
Defendant, Kenneth Guthrie, entered a best interest plea to attempted rape in exchange for a three-year sentence with the manner of service of the sentence to be determined by the trial court at a sentencing hearing. After the hearing, the trial court sentenced Defendant to serve six months day-for-day with the balance of the sentence to be served on probation. Defendant appeals his sentence, arguing that the trial court improperly denied a sentence of full probation. We affirm the judgment of the trial court. |
Dickson | Court of Criminal Appeals | |
Stevie Gibson v. State of Tennessee
Petitioner, Stevie Gibson, appeals the denial of his petition for post-conviction relief, in which he challenged his Shelby County Criminal Court convictions for two counts of second degree murder and one count of aggravated robbery. On appeal, Petitioner argues that he was denied the effective assistance of counsel based on trial counsel’s failure to argue at trial that Petitioner could not form the requisite mens rea for the charges of first degree murder and aggravated robbery due to his voluntary intoxication at the time of the offense. Additionally, Petitioner asserts that he was denied a full and fair hearing due to the post-conviction judge’s refusal to recuse himself. After a thorough review of the facts and applicable law, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Sharrad Sharp
The Appellant, Sharrad Sharp, was convicted in the Shelby County Criminal Court of one count of aggravated child abuse of a child eight years of age or less, a Class A felony; two counts of aggravated child neglect of a child eight years of age or less, a Class A felony; one count of aggravated sexual battery of a child less than thirteen years of age, a Class B felony; three counts of aggravated assault, a Class C felony; and two counts of child abuse of a child eight years of age or less, a Class D felony. After a sentencing hearing, he received an effective thirty-seven-year sentence. On appeal, the Appellant contends that six of the |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. William Scott Hunley
The Defendant, William Scott Hunley, was convicted of possession with intent to sell more than 0.5 grams of methamphetamine, possession with intent to deliver more than 0.5 grams of methamphetamine, possession of marijuana, and possession of drug paraphernalia. He received an effective sentence of twenty-five years. On appeal, the Defendant challenges only his conviction of possession with intent to sell methamphetamine, arguing that the evidence is insufficient to support the verdict. He also challenges the trial court’s denial of his motion to suppress. Upon reviewing the record and applicable law, we affirm the trial court’s judgments. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. James Ray Parker
The defendant, James Ray Parker, appeals his Monroe County Circuit Court jury conviction of first degree murder, claiming that the trial court erred by concluding that the defendant was competent to stand trial, that the trial court erred by denying the defendant’s motion to suppress his statements to the police and the fruits derived from those statements, that the trial court erred by failing to suppress evidence obtained via an invalid search warrant, that the trial court erred by failing to grant his motion to continue, that the trial court erred by refusing to instruct the jury on the defense of insanity, and that the evidence was insufficient to support his conviction. Discerning no reversible error, we affirm. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. Steven Kelly
Following a bench trial, the Defendant, Steven Kelly, was convicted of possession with intent to sell or deliver 0.5 grams or more of cocaine. By agreement of the parties, the trial court sentenced the Defendant to a suspended nine-year sentence to be served consecutively to a federal sentence. On appeal, the Defendant contends that the evidence failed to prove that he had the intent to sell the cocaine. After review, we affirm the trial court’s judgment. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Crystal L. Gregoire
The Defendant, Crystal L. Gregoire, pled guilty in the Lawrence County Circuit Court to tampering with evidence and was convicted following a jury trial of first degree premeditated murder and sentenced to an effective term of life imprisonment. On appeal, she challenges the sufficiency of the evidence of premeditation and argues that the trial court abused its discretion by excluding the testimony of a retired Federal Bureau of Investigation (“FBI”) agent of the facts surrounding the victim’s 1982 kidnapping convictions and the victim’s having put out an “open contract” on the agent and the agent’s family, by granting the State’s request for a special jury instruction pertaining to the victim’s having become “disarmed or helpless” during the killing, and by admitting prejudicial crime scene and autopsy photographs. Following our review, we affirm the judgments of the trial court. |
Lawrence | Court of Criminal Appeals | |
Kenneth Brown v. State of Tennessee
The Petitioner, Kenneth Brown, appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief, arguing (1) that trial counsel provided ineffective assistance in failing to present Agent James Davis and Beatrice Vaulx as witnesses at trial and in failing to request an instruction on proximate cause of death; and (2) that he is entitled to a second post-conviction hearing based on post-conviction counsel’s ineffectiveness. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v.Shawn Gibson Delosh
The Defendant-Appellant, Shawn Gibson Delosh, was convicted by a Dyer County jury of promoting the manufacture of methamphetamine, see Tenn. Code Ann. § 39-17-433(a)(1), for which he received a sentence of twelve years, to be served consecutively to his prior sentences and parole revocations. On appeal, the Defendant argues that (1) the evidence was insufficient to support his conviction, and (2) the trial court improperly ordered his sentence to be served consecutively to “all prior sentences and/or parole revocations.” Upon our review, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Troy Lee Springfield
Defendant, Troy Lee Springfield, was found guilty of attempted voluntary manslaughter, aggravated assault, being a convicted felon in possession of a firearm, and employing a firearm during the commission of a dangerous felony. He was sentenced to eight years for attempted voluntary manslaughter, ten years for aggravated assault, four years for being a convicted felon in possession of a firearm, and ten years for employing a firearm during the commission of a dangerous felony. The trial court ordered the sentences for aggravated assault and employing a firearm during the commission of a dangerous felony to be served consecutively to each other and concurrently with the remaining counts for an effective sentence of twenty years. On appeal, Defendant argues that the evidence was insufficient to support his convictions, and the State did not prove his identity as the perpetrator of the offenses. |
Madison | Court of Criminal Appeals | |
Christopher Jake Reynolds v. Kevin Genovese, et al.
The pro se Petitioner, Christopher Jake Reynolds, appeals the summary dismissal of his petition for writ of habeas corpus. Following our review, we affirm the dismissal of the petition. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Septian Valentine
The Defendant-Appellant, Septian Valentine, appeals from the revocation of supervised release by the Lake County Circuit Court, arguing that the trial court erred in revoking his probation and ordering him to serve the remainder of his sentence in confinement. After review, we affirm. |
Lake | Court of Criminal Appeals | |
Kevin Fennell v. State of Tennessee
The Petitioner, Kevin Fennell, appeals from the denial of post-conviction relief, alleging that his guilty pleas are constitutionally infirm due to trial counsel’s failure to inform him that his sentence was required to be served in the Tennessee Department of Correction. Upon our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Randy Roy Jordan
On December 9, 2008, the defendant pleaded guilty to theft of property valued at $10,000 or more but less than $60,000, fourth offense driving under the influence, and simple possession. The trial court imposed an effective 12-year sentence, ordering the defendant to serve 365 days in confinement with the balance suspended to supervised probation. On June 6, 2011, the trial court found the defendant had violated the terms of his probation by, among other things, failing to report, testing positive for the use of illegal drugs, failing to verify his employment and address, and failing to pay fees and restitution, and the court ordered the defendant to serve one year in confinement followed by completion of the Steps House program and a return to supervised probation. On January 14, 2014, the trial court found that the defendant again violated the terms of his probation by providing a fraudulent address and by failing to report as instructed and sentenced the defendant to time served and returned him to supervised probation. The defendant admitted to violating the terms of his probation a third time, and, on September 23, 2014, the trial court ordered him to serve 60 days in confinement and to undergo an alcohol and drug assessment and intensive outpatient treatment. On October 3, 2016, the defendant again admitted to violating the terms of his probation, and the trial court sentenced the defendant to time served and returned him to supervised probation with a requirement that he return to treatment at Steps House. |
Sevier | Court of Criminal Appeals |
