Annette Tran Hamby v. State of Tennessee
The Petitioner, Annette Tran Hamby, appeals the Bradley County Criminal Court’s denial of her petition for post-conviction relief from her 2008 conviction for first degree murder and resulting life sentence. The Petitioner contends that the post-conviction court erred by denying her relief because she received the ineffective assistance of counsel. Specifically, she alleges that trial counsel was ineffective for failing to request an independent mental evaluation to rebut the evaluation presented by the prosecution at trial. After considering the record and the applicable authorities, we affirm the judgment of the post-conviction court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. David Orlando Avinger
Appellant, David Orlando Avinger, was indicted by a Davidson County grand jury for first degree premeditated murder, first degree felony murder, and especially aggravated robbery. After a jury trial, Appellant was convicted of the lesser included offense of second degree murder, as well as the charged offenses of felony murder and especially aggravated robbery. The trial court merged the convictions for second degree murder and felony murder, and Appellant was sentenced to an effective life sentence. On appeal, Appellant challenges the sufficiency of the convicting evidence and alleges that the trial court impermissibly limited defense counsel’s cross-examination of a witness. After reviewing the record, we find that the evidence was sufficient to convict Appellant and that there was no error in the ruling of the trial court related to the limitation of the witness’s testimony. Accordingly, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Anthony Brown v. State of Tennessee
The Petitioner, Anthony Brown, appeals the Shelby County Criminal Court’s denial of postconviction relief from his convictions for possession with intent to deliver cocaine and possession of marijuana and resulting twenty-year sentence. He contends that he received the ineffective assistance of counsel at trial, specifically, that trial counsel failed (1) to crossexamine the State’s witnesses regarding trial testimony that was inconsistent with that given at the preliminary hearing and (2) to question witnesses about drug paraphernalia found at the scene, in keeping with his defense strategy. After considering the record and the relevant authorities, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jerry Kirkpatrick
The Defendant, Jerry Kirkpatrick, was indicted for burglary and theft of property valued at $1,000 or more but less than $10,000, both Class D felonies. See Tenn. Code Ann. §§ 39-14-103, -105, -402. Following a jury trial, the Defendant was acquitted of the burglary charge and convicted of the theft charge. The trial court sentenced the Defendant as a Range II, multiple offender to seven years. The trial court ordered the Defendant’s sentence to run consecutively to his sentence for a prior conviction. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his conviction because the testimony of his accomplice was not sufficiently corroborated and (2) that the trial court erred in ordering his sentence to be served consecutively to a prior sentence. Following our review, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Brian Gauldin
Appellant, Brian Gauldin, was indicted by the Dyer County Grand Jury for two counts of the sale of .5 grams or less of cocaine in a drug free zone, one count of the sale of a schedule III controlled substance in a drug free zone, and one count of the sale of .5 grams of more of cocaine in a drug free zone. Prior to trial, the State chose to nolle prosequi one count of the sale of .5 grams or less of cocaine in a drug free zone and one count of the sale of a schedule III controlled substance in a drug free zone. After a jury trial, Appellant was found guilty of one count of the sale of .5 grams or more of cocaine in a drug free zone and one count of the sale of .5 grams or less of cocaine in a drug free zone. Appellant was sentenced to an effective sentence of twenty years as a Range IV, Persistent Offender. Appellant appeals, arguing that the evidence was insufficient to support the convictions. After a review of the record and applicable authorities, we determine that the evidence was sufficient to support the convictions. Consequently, the judgments of the trial court are affirmed. |
Dyer | Court of Criminal Appeals | |
Christopher Fielder v. State of Tennessee
The Petitioner, Christopher Fielder, appeals from the Shelby County Criminal Court’s denial of post-conviction relief, contending that he received the ineffective assistance of counsel at trial. Specifically, the Petitioner alleges that trial counsel failed to request a jury instruction on merger of the offenses, tasking it with determining whether the kidnapping of the victim was beyond that necessary to complete the especially aggravated robbery. After considering the record and the applicable authorities, we affirm the judgment of the postconviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ladarron S. Gaines
A Davidson County Criminal Court Jury convicted the appellant, Ladarron S. Gaines, of evading arrest while operating a motor vehicle in which the flight or attempt to elude created a risk of death or injury to innocent bystanders or other third parties, a Class D felony. After a sentencing hearing, the trial court sentenced him as a Range II, multiple offender to eight years in confinement. On appeal, the appellant contends that the evidence is insufficient to support the conviction, that the trial court erred by denying his motion to exclude testimony regarding a surveillance video, and that his sentence is excessive. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Terry Odell Lucas
A Robertson County Grand Jury indicted appellee for possession of over 0.5 grams of cocaine with the intent to sell. The charges were dismissed after the trial court granted appellee’s motion to suppress evidence. The State appeals the trial court’s granting of the motion to suppress and argues that appellee’s arrest and search were proper. Following a thorough review of the record, we reverse the ruling of the trial court, reinstate the indictment, and remand for further proceedings consistent with this opinion. |
Robertson | Court of Criminal Appeals | |
William L. Vaughn v. State of Tennessee
Following a remand from this court, the petitioner, William L. Vaughn, acting pro se, was permitted a second evidentiary hearing on certain ineffective assistance of counsel claims which he had not presented in the first hearing on his petition for post-conviction relief. As we will set out, he filed massive pleadings, complaining of a multitude of wrongs visited upon him, from the moment of his arrest through his direct appeal. The evidentiary hearing was lengthy and free-swinging, with the post-conviction court’s concluding that the petitioner’s claims were “incredible” and, ultimately, without merit. We agree. Doggedness cannot substitute for substance. The post-conviction court’s denial of relief is affirmed. |
Davidson | Court of Criminal Appeals | |
Bill D. Sizemore V. State of Tennessee
Petitioner, Billy D. Sizemore, was convicted of theft over $1,000 and sentenced to twelve years as a career offender. Petitioner filed the instant petition for post-conviction relief, in which he alleged that he received ineffective assistance of counsel. Following an evidentiary hearing, the post-conviction court denied relief. On appeal, petitioner argues that he received ineffective assistance of counsel when trial counsel: (1) failed to challenge the value of the stolen goods and (2) failed to seek a continuance after the State filed a late notice of intent to seek enhanced punishment. After our review of the parties’ briefs, the record, and the applicable law, we affirm the judgment of the post-conviction court. |
Perry | Court of Criminal Appeals | |
Tracy Lynn Cope v. State of Tennessee
In 2007, a Sullivan County jury convicted the Petitioner, Tracy Lynn Cope, of especially aggravated kidnapping, aggravated kidnapping, and false imprisonment, and the trial court sentenced him to an effective sentence of forty years. State v. Tracy Lynn Cope, No. E2009-00435-CCA-R3-CD, 2010 WL 2025469 (Tenn. Crim. App., at Knoxville, May 20, 2010), perm. app. denied (Tenn. Sept. 22, 2010). After the Petitioner filed two petitions for post-conviction relief, both of which were denied, he filed a petition for a writ of error coram nobis, which the trial court summarily dismissed. On appeal, the Petitioner contends that the lower court erred when it dismissed his petition. After a thorough review of the record and applicable authorities, we affirm the coram nobis court’s judgment. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Gabriel Torres
A Robertson County Circuit Court Jury convicted the appellant, Gabriel Torres, of rape of a child, a Class A felony, and the trial court sentenced him to twenty-five years in confinement to be served at 100%. On appeal, the appellant contends that the evidence is insufficient to support the conviction and that the trial court failed to fulfill its role as the thirteenth juror. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Tycorrian M. Taylor
The defendant appeals the sentence imposed for conviction of attempted voluntary manslaughter and aggravated assault. Finding no error, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Cumecus R. Cates v. State of Tennessee
The pro se petitioner appeals the summary dismissal of his motion to correct an illegal sentence, per Tennessee Rule of Criminal Procedure 36.1. Following our review of the parties' briefs, the record, and the applicable law, we find the petitioner’s motion stated a colorable Rule 36.1 claim for review of illegal sentences. Therefore, we reverse the trial court's summary dismissal and remand for proceedings consistent with this opinion. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Somer D. Wild
The defendant, Somer D. Wild, was indicted for driving under the influence, a Class A misdemeanor. After the trial court denied her motion to suppress the legality of the traffic stop, the defendant pled guilty to the offense and was sentenced to eleven months and twenty-nine days, suspended following the service of forty-eight hours in jail. As part of her plea of guilty, the defendant reserved as a certified question of law the legality of the traffic stop of her vehicle. Following our review of the record and the video recording of the traffic stop, we conclude that the trial court erred in denying the motion to suppress. Accordingly, we reverse the judgment of conviction and dismiss the indictment. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Marcus Moore
Appellant, Marcus Moore, entered guilty pleas without recommended sentences to two counts of burglary of a building, a Class D felony. Following a sentencing hearing, the trial court imposed sentences of twelve years as a career offender for each count to be served consecutively to each other. Appellant now challenges the trial court’s alignment of his sentences. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Lona Parker
Appellant, Lona Parker, was indicted for and convicted of theft of property valued at more than $1,000 but less than $10,000, a Class D felony. The trial court sentenced him to twelve years in the Tennessee Department of Correction as a career offender. He now appeals, challenging the sufficiency of the convicting evidence. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Iris A. Jones
A Cheatham County jury convicted the Defendant, Iris A. Jones, of driving under the influence (“DUI”), first offense, and vehicular assault. The Defendant filed an application seeking judicial diversion. The trial court merged the DUI conviction into the vehicular assault conviction and granted the Defendant’s motion for judicial diversion. On appeal, the State contends that the trial court abused its discretion when it found that the Defendant was eligible for judicial diversion. After a thorough review of the record and applicable authorities, we conclude that the Defendant is not a “qualified defendant” for judicial diversion. Accordingly, the case is reversed and remanded to the trial court for further proceedings consistent with this opinion. |
Cheatham | Court of Criminal Appeals | |
State of Tennessee v. Iris A. Jones-Concurring in Part and Dissenting in Part
Joseph M. Tipton, P.J., concurring in part; dissenting in part. I respectfully disagree with the majority opinion’s conclusion that this court may consider the State’s appeal of the trial court’s granting judicial diversion as an appeal as of right pursuant to Tennessee Rule of Appellate Procedure 3(c)(4), but I believe the court can accept the appeal pursuant to Tennessee Rule of Appellate Procedure 10 as an extraordinary appeal. In this regard, I agree with the majority opinion’s conclusion that the trial court erred in granting judicial diversion. |
Cheatham | Court of Criminal Appeals | |
State of Tennessee v. Emmett Lamon Roseman
The appellant, Emmett Lamon Roseman, pled guilty to possession of marijuana, the sale of crack cocaine, the delivery of crack cocaine, and three counts of failure to appear. The trial court imposed a total effective sentence of twenty years in the Tennessee Department of Correction. On appeal, the appellant challenges the length of the sentences and the imposition of consecutive sentencing. Upon review, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Stevie Gibson
Stevie Gibson (“the Defendant”) was convicted by a jury of two counts of second degree murder and one count of aggravated robbery. The trial court merged the two murder convictions and sentenced the Defendant to serve an effective term of thirty-seven years’ incarceration. In this direct appeal, the Defendant challenges the sufficiency of the evidence and his sentence. Upon our thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Shelby | Court of Criminal Appeals | |
Joseph Kindred v. Jerry Lester, Warden
In 2010, the Petitioner, Joseph Kindred, pleaded guilty to multiple counts involving conspiracy to sell drugs within a school zone, and the trial court sentenced the Petitioner to sixteen years in the Tennessee Department of Correction. In 2013, the Petitioner filed a petition for habeas corpus relief, which was summarily dismissed by the habeas corpus court. On appeal, the Petitioner alleges that the habeas corpus court erred when it dismissed his petition, contending that the trial court did not have the jurisdiction or authority to sentence him for the conspiracy convictions because he was not indicted for conspiracy. After a thorough review of the record and applicable authorities, we affirm the habeas court’s judgment. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Demarcus Ant-Juan Nelson
Demarcus Ant-Juan Nelson (“the Defendant”) pleaded guilty to possession with intent to sell .5 grams or more of a substance containing cocaine within 1000 feet of a school. Pursuant to the plea agreement, the trial court sentenced the Defendant to twenty years’ incarceration. The plea agreement provided for reservation of a certified question of law as to whether the Defendant’s seizure was lawful. After a thorough review of the record and the applicable law, we conclude that the Defendant is entitled to no relief. However, we remand this matter to the trial court for entry of corrected judgment orders indicating that count two was dismissed. In all other respects, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Jimmy Dale Qualls
The Defendant, Jimmy Dale Qualls, was convicted by a Hardeman County Circuit Court jury of thirty-seven counts of sexual battery by an authority figure, Class C felonies. See T.C.A. § 39-13-527 (2010). The trial court sentenced the Defendant as a Range I, standard offender to five years for each conviction and ordered partial consecutive sentences. The thirty-seven counts were separated into seven groups for sentencing purposes. Group A contained counts 1 through 6, Group B contained Counts 7 and 8, Group C contained Counts 9 through 14, Group D contained Counts 15 though 20, Group E contained Counts 21 through 26, Group F contained Counts 27 through 32, and Group G contained Counts 33 to 37. The court ordered each group to run consecutively to each other, for an effective thirty-five-year sentence. The court further ordered the effective thirty-five-year sentence. On appeal, he contends that the State failed to make a proper election of the offenses and that the evidence is insufficient to support his convictions. We conclude that the State failed to make an adequate election of the offenses, and we reverse the judgments of the trial court and remand the case for a new trial. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Phillip Smith
The Defendant, Phillip Smith, was convicted by a Chester County jury for rape of a child, for which he received a sentence of 25 years to be served in the Department of Correction. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction and that he is entitled to a new trial due to prosecutorial misconduct. Upon our review, we affirm the judgment of the trial court. |
Chester | Court of Criminal Appeals |
