State of Tennessee v. Timothy W. Sparrow
A Williamson County Criminal Court Jury convicted the appellant, Timothy W. Sparrow, of two counts of second degree murder, one count of attempted first degree murder, and one count of attempted aggravated robbery. After merging the second degree murder convictions, the trial court imposed a total effective sentence of forty years in the Tennessee Department of Correction. On appeal, the appellant raises the following issues for our review: (1) whether the trial court erred by failing to suppress a suggestive pretrial identification of the appellant as the perpetrator; (2) whether the evidence was sufficient to sustain his convictions; (3) whether the trial court erred by not upholding the appellant’s Batson challenge after the State peremptorily challenged a black juror; (4) whether the trial court erred by admitting a statement made by a State’s witness; (5) whether the trial court erred by admitting a photograph of the murder victim that was taken while he was alive; (6) whether the trial court erred by admitting a black t-shirt that was alleged to belong to the appellant; (7) whether the trial court erred in its communications with jurors; (8) whether the trial court erred in sentencing; and (9) whether the principles of double jeopardy were violated. Upon review, we affirm the judgments of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Brett Joseph Price
This case has been remanded by the Tennessee Supreme Court for reconsideration of sentencing in light of State v. Caudle, 388 S.W.3d 273 (Tenn. 2012). On direct appeal, this court concluded that the Defendant waived review of his sentence by failing to include a transcript of the guilty plea hearing. In light of Caudle, we conclude that the record, which contains transcripts of the motion to suppress hearing and the sentencing hearing, exhibits from each hearing, and the presentence report, is sufficient to determine whether the trial court recited a proper basis for the sentence. 388 S.W.3d 273. The Defendant, Brett Joseph Price, pleaded guilty to robbery, a Class C felony, and conspiracy to commit robbery, a Class D felony. See T.C.A. §§ 39-13-401, 39-12-103 (2010). He was sentenced as a Range I, standard offender to five years for robbery and to three years for conspiracy, to be served concurrently. On appeal, he contends that the trial court erred by (1) denying his motion to suppress his post-arrest statements and by admitting his statement at the sentencing hearing; (2) denying judicial diversion; (3) imposing excessive sentences; and (4) denying probation. We affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. James Richardson Reece
James Richardson Reece, the defendant, was arrested for an aggravated assault which occurred in a workshop underneath his apartment. Immediately after his arrest, the defendant began to challenge the actions of the Sumner County court system, filing numerous documents with this Court and the Tennessee Supreme Court and suing various persons and entities in federal court. The lower courts appointed four separate attorneys to represent the defendant, but each moved to withdraw. At the defendant’s urging, the trial court allowed the defendant to waive his right to counsel. When the defendant subsequently requested counsel on the eve of trial, the trial court refused to appoint an attorney. A jury convicted the defendant of aggravated assault, a Class C felony. On appeal, the defendant asserts he was denied the right to counsel and challenges the sufficiency of the convicting evidence. Although the evidence supported the conviction, we conclude that the defendant did not waive or forfeit his right to counsel and reverse and remand for a new trial. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Rashii Brisbon
The defendant, Rashii Brisbon, was charged with aggravated child abuse and first degree (felony) murder after the death of a toddler in his care. A jury convicted him of aggravated child abuse, a Class A felony, but was unable to reach a verdict on the felony murder charge. The trial court sentenced the defendant to serve twenty years in prison. The defendant appeals, asserting that the State did not present evidence sufficient to support the verdict, particularly the mens rea element, and that the trial court relied on inapplicable enhancement factors during sentencing. After a thorough review of the record, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
Marcus Norwood v. State of Tennessee
Petitioner, Marcus Norwood, entered an Alford plea to second degree murder in Shelby County in October of 2010, with an agreed sentence of twenty-five years. Subsequently, Petitioner filed a petition for post-conviction relief in which he alleged that he received ineffective assistance of counsel which adversely affected his decision to enter a guilty plea. The post-conviction court denied relief. Petitioner appealed. After a review of the evidence, we conclude that Petitioner has failed to establish that counsel’s performance was deficient or that the voluntariness of the guilty plea was affected by the actions of counsel. Accordingly, the judgment of the post-conviction court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jereco Tynes
Jereco Tynes (“the Defendant”) was convicted by a jury of one count of first degree felony murder; one count of attempted aggravated robbery; one count of aggravated robbery; and one count of theft of property between $10,000 and $60,000. The trial court sentenced the Defendant to life imprisonment for the murder and, after a hearing, to a consecutive term of five years for the attempted aggravated robbery; a consecutive term of eight years for the aggravated robbery; and a concurrent term of four years for the theft, for an effective sentence of life plus thirteen years. In this direct appeal, the Defendant contends that the trial court erred by (1) admitting into evidence proof that the Defendant had been in a homosexual relationship; (2) prohibiting defense counsel from cross-examining two co-defendants about their sentence exposure; (3) instructing the jury that evidence of a confession had been admitted; (4) failing to instruct the jury as to certain lesser-included offenses; and (5) imposing consecutive sentences. The Defendant also challenges the sufficiency of the evidence as to all of his convictions. We have determined that the trial court committed reversible error by failing to instruct the jury on a lesser-included offense of theft of property over $10,000. Accordingly, we must reverse the Defendant’s conviction of theft over $10,000 and remand that charge for a new trial. As to the Defendant’s remaining issues, we find no reversible error. Accordingly, the trial court’s judgments are otherwise affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Christopher Scott Chapman
Defendant, Christopher Scott Chapman, was indicted by the Sumner County Grand Jury for attempted first degree murder and possession of a firearm during the commission of a dangerous felony. Following a jury trial, Defendant was convicted of aggravated assault, charged to the jury as a lesser included offense of attempted first degree murder, and the second count of the indictment was dismissed by the trial court. Defendant was sentenced by the trial court to serve six years in the Tennessee Department of Correction. Defendant appeals his conviction and sentence and asserts: 1) that the trial court erred by instructing the jury as to the offense of aggravated assault as a lesser included offense of attempted first degree murder; 2) that the trial court erred by not recusing itself; 3) that the trial court erred by sentencing Defendant to the maximum sentence within the range; and 4) that the trial court erred by ordering Defendant’s sentence to run consecutively to a prior sentence for aggravated assault for which Defendant was on probation at the time he committed the offense in this case. After a careful review of the record, we find no error and affirm the judgment of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Michael Love
A Shelby County jury convicted the Defendant, Michael Love, of aggravated rape, aggravated robbery, aggravated burglary, and employing a firearm with intent to commit a felony. The trial court sentenced the Defendant to an effective sentence of twenty-four1 years in the Tennessee Department of Correction. On appeal, the Defendant contends that: (1) the trial court erred when it failed to suppress a photographic lineup of the Defendant, which he asserts was unnecessarily suggestive; and (2) the trial court erred when it enhanced the Defendant’s sentence. After a thorough review of the record and applicable authorities, we affirm the Defendant’s convictions and sentence. Having noticed, however, that there are clerical errors in the judgments of conviction for the aggravated rape, aggravated robbery, and employing a firearm with intent to commit a felony convictions, we remand this case to the trial court for entry of corrected judgments. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Brandon Lee Laferty
The Defendant, Brandon Lee Laferty, appeals the Sullivan County Criminal Court’s revoking his probation for solicitation of aggravated sexual battery, a Class D felony, and ordering his ten-year sentence into execution. On appeal, the Defendant contends that the trial court erred in revoking his probation and ordering him to serve his sentence. We affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
Adrain Keith Washington v. State of Tennessee
Petitioner, Adrain Keith Washington, was convicted of aggravated sexual battery and sentenced to serve twelve years in prison. Following an unsuccessful direct appeal, he filed a petition for post-conviction relief, which was denied. On appeal, he claims that trial counsel rendered ineffective assistance of counsel by failing to argue the "rule of cancellation" and by failing to object to certain prejudicial testimony. Based on our review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Adrian Chaney
Appellant, Adrian Chaney, was indicted by the Shelby County Grand Jury in September of 2009 for one count of aggravated robbery and one count of attempted aggravated robbery. After a jury trial, Appellant was convicted of the offenses as charged in the indictment. The trial court sentenced Appellant as a Range I, standard offender to twelve years for the conviction for aggravated robbery, and as a Range II, multiple offender to ten years for attempted aggravated robbery. The trial court ordered the sentences to run consecutively, for a total effective sentence of twenty-two years. Appellant did not file a motion for new trial. On appeal, he contends: (1) that the evidence was insufficient; (2) the trial court made several errors with regard to the admission of evidence; and (3) that his sentence is illegal and excessive. After a review of the record, we determine that Appellant waived the consideration of any issues with exception of sufficiency of the evidence and sentencing by failing to file a motion for new trial or show plain error on the part of the trial court. Additionally, we determine that the evidence was sufficient to establish Appellant’s identity as the perpetrator of the crimes and Appellant failed to provide this Court with an adequate record to review the trial court’s determination of his status as a Range II, Multiple Offender with regard to the conviction in Count II. Accordingly, the judgments of the trial court are affirmed. |
Shelby | Court of Criminal Appeals | |
Donald Mickens v. State of Tennessee
Petitioner, Donald Mickens, appeals the denial of post-conviction relief. Petitioner was convicted of multiple drug offenses. As a result of the convictions, Petitioner was sentenced to an effective sentence of twenty-five years. The convictions and sentence were affirmed on appeal. See State v. Donald Mickens, No. W2009-00586-CCA-R3-CD, 2010 WL 2697164 (Tenn. Crim. App., at Jackson, Jul. 8, 2010). Petitioner sought pro se post-conviction relief on the basis of ineffective assistance of counsel. Counsel was appointed and an amended petition was filed. After a hearing, the post-conviction court denied relief. Petitioner initiated this appeal. After a review, we determine the evidence does not preponderate against the judgment of the post-conviction court. Petitioner failed to show that he received ineffective assistance of counsel or that the performance of counsel was prejudicial. Accordingly, the judgment of the post-conviction court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Byron Becton
Byron Becton (“the Defendant”) was convicted by a jury of six counts of aggravated rape. At the sentencing hearing, the trial court merged each alternative count, entering three judgments of conviction for aggravated rape by use of force or coercion while armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon. The trial court also imposed an effective sentence of sixty-five years. In this appeal, the Defendant contends that the evidence is not sufficient to support his convictions and that the State engaged in prosecutorial misconduct during closing argument. Upon our thorough review of the record, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Robert L. Conley v. State of Tennessee
The Petitioner, Robert L. Conley, appeals the Davidson County Criminal Court’s denial of post-conviction relief from his 2006 convictions for sale of less than one-half gram of cocaine, possession with the intent to sell or deliver one-half gram of cocaine, and possession with the intent to use drug paraphernalia and his effective fourteen-year sentence. On appeal, he contends that the trial court erred by finding that his petition was barred by the statute of limitations and by dismissing his petition. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Joseph R. Bledsoe
The defendant, Joseph R. Bledsoe, appeals the Robertson County Circuit Court’s order declaring him a Motor Vehicle Habitual Offender, claiming that the convictions used to support the designation were not valid. Discerning no error, we affirm. |
Robertson | Court of Criminal Appeals | |
Kenneth Bartley v. State of Tennessee
The State appeals the post-conviction court’s grant of relief to the Petitioner, Kenneth Bartley, contending that (1) the court erred in admitting the affidavit of Dr. James Murray; (2) the Petitioner failed to establish that trial counsel provided ineffective assistance; and (3) the Petitioner is entitled to no relief on his previously determined claim that his guilty plea was not knowingly, intelligently, and voluntarily entered. Upon review, we affirm the judgment of the post-conviction court. |
Campbell | Court of Criminal Appeals | |
State of Tennessee vs. Christopher Scott Mayberry
Appellant, Christopher Scott Mayberry, was indicted by the Humphreys County Grand Jury in June of 2010 for two counts of possession of methamphetamine with intent to sell and one count of the sale of .5 grams or more of cocaine. After a bench trial, Appellant was found guilty of two counts of the sale of methamphetamine. The trial court granted a motion for judgment of acquittal with respect to the sale of cocaine. After a sentencing hearing, Appellant was sentenced to ten years for each conviction, to be served concurrently. Appellant challenges the sufficiency of the evidence on appeal. After a review of the record and authorities, we conclude that the evidence is sufficient to support the convictions for the sale of methamphetamine. Accordingly, the judgments of the trial court are affirmed. |
Humphreys | Court of Criminal Appeals | |
John E. Allen, Jr. v. State of Tennessee
In June 2003, John E. Allen, Jr. ("the Petitioner") pleaded nolo contendere to one count of criminal attempt to commit aggravated sexual battery and received a six-year sentence. More than eight years later, he filed a petition for post-conviction relief. The State sought dismissal on statute of limitations grounds. The post-conviction court summarily dismissed the Petitioner’s claim for relief, and this appeal followed. The Petitioner’s sole argument on appeal is that our supreme court’s decision in Ward v. State, 315 S.W.3d 461 (Tenn. 2010), should be applied retroactively. We affirm the judgment of the post-conviction court. |
Grundy | Court of Criminal Appeals | |
Duane M. Coleman v. State of Tennessee
Petitioner, Duane M. Coleman, was convicted by a Davidson County Jury of second degree murder. He was sentenced to thirty-two years as a Range II, multiple offender. State v. Duane Coleman, No. M1998-00663-CCA-R3-CD, 2000 WL 31858, at *1 (Tenn. Crim. App., at Nashville, Jan. 18, 2000). He unsuccessfully appealed his conviction. Id. at *14. Petitioner also unsuccessfully filed a petition for post-conviction relief. Duane Coleman v. State, No. M2008-02180-CCA-R3-CD, 2010 WL 2890676, at *3 (Tenn. Crim. App., at Nashville, Jul. 23, 2010). Petitioner subsequently filed a "Motion for Relief From Judgement" based upon Rule 60.02 of the Tennessee Rules of Civil Procedure, on March 5, 2012. In this motion, Petitioner argued that his constitutional rights were violated by the imposition of enhancement factors and the imposition of 100% release eligibility without being found beyond a reasonable doubt by a jury. His argument was based upon the United States Supreme Court’s ruling in Blakely v. Washington, 542 U.S. 296 (2004). The habeas corpus court determined that the motion under Rule 60.02 of the Tennessee Rules of Civil Procedure was uncognizable and treated the motion as a petition for writ of habeas corpus. The habeas corpus court then summarily dismissed the petition. We have reviewed the record on appeal. We agree with the habeas corpus court’s determination that the motion should be treated as a petition for writ of habeas corpus. Additionally, we conclude that prior case law has determined that a Blakely violation does not apply retroactively and renders a judgment voidable instead of void. See Timothy R. Bowles v. State, No. M2006-01685-CCA-R3-HC, 2007 WL 1266594, at *2-3 (Tenn. Crim. App., at Nashville, May 1, 2007) Therefore, we affirm the habeas corpus court’s summary dismissal of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee vs. Ronald McKnight
Appellant, Ronald McKnight, was indicted by the Davidson County Grand Jury for one count of aggravated burglary. After a jury trial, Appellant was convicted as charged and sentenced to fifteen years as a career offender. On appeal, Appellant argues that the evidence was insufficient to support his conviction. After a thorough review of the record, we conclude that the evidence was sufficient. Therefore, we affirm the judgment of the trial court |
Davidson | Court of Criminal Appeals | |
Donald Ragland v. State of Tennessee
The Petitioner, Donald Ragland, appeals as of right from the Shelby County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner contends (1) that the post-conviction court erred by not forcing the Petitioner to testify at the post-conviction hearing; and (2) that the Petitioner received ineffective assistance from his trial counsel because trial counsel withdrew a motion to suppress a photographic identification of the Petitioner. Discerning no error, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Telly Romeras Robertson
Appellant, Telly Romeras Robertson, was indicted by the Davidson County Grand Jury in October of 2008 for one count of possession of .5 grams or more of cocaine with the intent to sell or deliver, one count of possession of more than ten pounds of marijuana with intent to sell or deliver, and one count of possession of a firearm with the intent to go armed during the commission of or attempt to commit a dangerous felony. In January of 2009, Appellant was indicted by the Davidson County Grand Jury for one count of possession of ecstacy with the intent to sell or deliver, one count of possession of drug paraphernalia with the intent to prepare a controlled substance, one count of possession of a firearm with the intent to go armed during the commission of or attempt to commit a dangerous felony, and casual exchange of marijuana. Appellant pled guilty to one count of possession with intent to sell ecstacy and possession with intent to deliver between .5 ounce and ten pounds of marijuana in exchange for sentences of ten years and two years, respectively. The sentences were to run consecutively to each other and to an eight-year sentence Appellant was already serving for conspiracy to commit money laundering, for a total effective sentence of twenty years. At a sentencing hearing, the trial court denied an alternative sentence. Appellant appeals. After a review of the record and authorities, we conclude that the trial court did not abuse its discretion in denying an alternative sentence where: (1) Appellant was sentenced to a Class B felony, rendering him ineligible for probation; (2) probation was denied in order to avoid depreciating the seriousness of the offense; and (3) Appellant was incarcerated at the time of sentencing, rendering him ineligible for a sentence of Community Corrections. The judgments of the trial court are affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Charles L. Williams
Appellant, Charles L. Williams, was indicted in October of 2003 for one count of rape of a child and two counts of rape. In November of 2005, the case proceeded to trial. Appellant was convicted as charged and sentenced to an effective sentence of twenty-two years in incarceration. Appellant appealed the convictions and sentence. See State v. Charles L. Williams, No. M2005-00836-CCA-R3-CD, 2006 WL 3431920 (Tenn. Crim. App., at Nashville, Nov. 29, 2006) ("Williams I"). On appeal, this Court reversed the convictions and remanded for a new trial. Id. at *1. On remand, Appellant was again found guilty of rape of a child and two counts of rape. This time, the trial court sentenced Appellant to an effective sentence of seventeen years, merging the two convictions for rape with the conviction for rape of a child. Appellant appeals his convictions after retrial, arguing: (1) that the trial court should have dismissed the indictment with prejudice because the State committed violations of Rule 16 of the Tennessee Rules of Criminal Procedure and Brady v. Maryland, 373 U.S. 83 (1963), by failing to provide audible videotapes of interviews with Appellant and the victim until three days into the second trial; (2) that the trial court failed to follow the mandate of this Court with respect to expert testimony; (3) that the trial court permitted improper testimony of experts; and (4) that the remedy for the trial court’s errors is a dismissal of the indictment. After a review of the record and applicable authorities, we conclude that the State did not commit a Brady violation where the information in the videotapes was not material; Agent Johnson’s testimony was not in contravention of this Court’s opinion on direct appeal; and the expert testimony elicited at trial was based on information actually perceived by the expert in his examination of the evidence. Accordingly, the judgments of the trial court are affirmed. |
Davidson | Court of Criminal Appeals | |
Oscar Torres v. State of Tennessee
The petitioner, Oscar Torres, appeals the denial of his petition for post-conviction relief. The petitioner is currently serving an effective twenty-year sentence in the Department of Correction following his conviction for two counts of rape of a child, Class A felonies. On appeal, he contends that the post-conviction court erred by denying his petition for relief because he received ineffective assistance of counsel. Specifically, he contends that trial counsel was ineffective for: (1) failing to object during jury-out hearings to recalling the victim as a rebuttal witness; and (2) failing to call an expert witness pertaining to the faultiness of the memory of a child witness. Following review of the record, we find no error and affirm the denial of the petition. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Frances Kaylanicole Grech
Appellant, Frances Kaylanicole Grech, pled guilty to one count of facilitation of aggravated robbery and one count of robbery. As a result of these convictions she was sentenced to ten years and ordered to serve 180 days with the remainder to be served on probation. Appellant was charged with assault while in jail and felony escape shortly after her release. A probation violation warrant was filed based on the two charges. She subsequently pled guilty to assault and an amended charge of resisting arrest. The trial court held a probation revocation hearing and at the conclusion determined that she had violated the rules of her probation and imposed her original sentence. On appeal, she argues that the trial court did not use conscientious judgment. We conclude that Appellant clearly violated the rules of her probation and we find no abuse of discretion. Therefore, we affirm the decision of the trial court. |
Sumner | Court of Criminal Appeals |