Rodney Buford v. State of Tennessee
Petitioner, Rodney Buford, appeals the dismissal of his petition for post-conviction relief in which he alleged that he received ineffective assistance of trial counsel because counsel failed to obtain a medical expert to testify at trial and failed to file a motion to suppress his statement to police. He further argues that appellate counsel was deficient for failing to challenge the sufficiency of the evidence on appeal and that the trial court erred by not finding that he was illegally sentenced. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel and affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. David Neal Davis
Defendant, David Neal Davis, was originally indicted by the Rutherford County Grand Jury on four counts of aggravated sexual battery and one count of attempt to commit aggravated sexual battery. In a trial on these charges, Defendant moved for a mistrial, after the victim testified that she had been digitally penetrated by Defendant. The trial court granted Defendant’s motion for a mistrial. In a superceding indictment, Defendant was indicted on two counts of rape of a child, eight counts of aggravated sexual battery, one count of solicitation of a minor, and one count of attempted aggravated sexual battery. Following a jury trial on these charges, Defendant was convicted of rape of a child, attempted rape of a child, seven counts of aggravated sexual battery, two counts of child abuse, and one count of attempted solicitation of a minor. He was sentenced by the trial court to an effective sentence of twenty years confinement. In this appeal as of right, Defendant asserts the following errors by the trial court: 1) the trial court erred by failing to dismiss the indictment on the basis of double jeopardy, or alternatively, on the basis of prosecutorial misconduct; 2) the trial court erred by denying Defendant’s motion to introduce evidence of specific instances of sexual conduct by the victim; 3) the trial court erred by failing to dismiss Counts five and seven of the indictment, charging aggravated sexual battery, based on the State’s failure to prove venue in those counts; and 4) the trial court erred by failing to dismiss Count one of the indictment, charging rape of a child, based on the State’s failure to prove an element of the offense. After a thorough review of the record and the briefs of the parties, we find no error and affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Eddie J. Baucom, III
The defendant, Eddie J. Baucom, III, was convicted by a Dickson County jury of one count of fourth offense of driving while under the influence and one count of resisting arrest. He was subsequently sentenced to two years probation for driving under the influence and thirty days incarceration in the Dickson County jail for resisting arrest. On appeal, the defendant challenges the sufficiency of the convicting evidence for the driving under the influence. Based upon a thorough review of the record and the parties’ briefs, we affirm the judgment of the Circuit Court. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Tommy Earl Jones
Following a jury trial, the Defendant, Tommy Earl Jones, was convicted of rape, a Class B felony, theft of property over $1,000, a Class D felony, aggravated kidnapping, a Class B felony, and especially aggravated burglary, a Class B felony. See Tenn. Code Ann. § 39-13-304(b), -13-503(b), -14-103, -14-105(3), -14-404(c). The trial court sentenced the Defendant to ten years for his rape conviction, three years for his theft conviction, ten years for his aggravated kidnapping conviction, and twelve years for his especially aggravated burglary conviction. The trial court ordered that the Defendant’s sentences for rape and aggravated kidnapping be served consecutively for a total effective sentence of twenty years. In this direct appeal, the Defendant presents the following issues for our review: (1) The trial court erred when it excluded the Defendant from jury selection, trial, and the return of the verdict in the absence of any waiver; (2) The State presented insufficient evidence to convict the Defendant of especially aggravated burglary; (3) The trial court erred when it allowed a forensic expert to testify about opinions based on possibilities; and (4) The trial court erred in imposing consecutive sentences. After our review, we conclude that the Defendant’s fundamental right to be present during his trial was violated. As a result, we must reverse the Defendant’s convictions and remand for a new trial. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Phyllis A. Polk
The Defendant, Phyllis A. Polk, was convicted by a jury in the Madison County Circuit Court of driving under the influence (DUI), a Class A misdemeanor, and was sentenced to eleven months and twenty-nine days, with credit for time served and the remainder in community corrections. See T.C.A. § 55-10-401 (Supp. 2009) (amended 2010). On appeal, the Defendant contends that the evidence was insufficient to support her conviction. We affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Kenny Lamont McGee
In January 2009, the Moore County Grand Jury indicted Appellant, Kenny LaMont McGee for three counts of aggravated sexual battery. Appellant pled guilty to two counts of attempted aggravated sexual battery. Pursuant to the plea agreement Appellant was ordered to serve an effective sentence of twelve years on community corrections. In January 2010, the Moore County Grand Jury indicted Appellant for violation of the Sexual Offender Registration and Monitoring Act. In February 2010, Appellant’s community corrections officer filed an affidavit alleging that Appellant had violated the conditions of the community corrections sentence. Appellant pled guilty to the violation of the Sexual Offender Registration and Monitoring Act. Following a hearing, the trial court revoked Appellant’s community corrections sentence and ordered him to serve the twelve-year sentence in confinement. In addition, the trial court sentenced Appellant to two years and six months for his violation of the Sexual Offender Registration and Monitoring Act and ordered the sentence to be served consecutively to the twelve-year sentence. After a thorough review of the record, we affirm the trial court’s revocation of the community corrections sentence. However, we vacate the consecutive sentence, order the new sentence to be served concurrently to the prior imposed sentence and remand for entry of a corrected judgment. |
Moore | Court of Criminal Appeals | |
State of Tennessee v. Michael W. Kemp
The defendant, Michael W. Kemp, was convicted by a Smith County Criminal Court jury of three counts of reckless vehicular homicide and three counts of reckless endangerment with a deadly weapon. The trial court sentenced the defendant to three years for each vehicular homicide conviction and one year for each reckless endangerment conviction. The court merged the reckless endangerment convictions into the vehicular homicide convictions and ordered that the terms run consecutively with all but one year served on probation. The defendant appealed and, on direct appeal, this court remanded for reconsideration of the consecutive sentences because the trial court failed to make the proper findings. Upon remand, the trial court again imposed consecutive sentences, which the defendant now appeals. After review, we conclude that the trial court erred in imposing consecutive sentencing and order that the defendant’s sentences be served concurrently. |
Smith | Court of Criminal Appeals | |
State of Tennessee v. Michael Deshawn Smith
The Defendant, Michael Deshawn Smith, pled guilty to second degree murder, a Class A felony. See T.C.A. § 39-13-210 (2010). He was sentenced as a Range I, standard offender to twenty-three years’ confinement. On appeal, he contends that the trial court imposed an excessive sentence. We affirm the judgment of the trial court. |
Fayette | Court of Criminal Appeals | |
State of Tennessee v. Jose Hermes Gomez
Following a jury trial, the Defendant, Jose Hermes Gomez, was convicted of three counts of aggravated robbery, Class B felonies, and one count of aggravated burglary, a Class C felony. See Tenn. Code Ann. §§ 39-13-402(b), -14-403(b). The trial court sentenced him as a Range I, standard offender to ten years for each aggravated robbery conviction and five years for the aggravated burglary conviction. The trial court ordered that his five-year sentence and two of his ten-year sentences be served consecutively, for a total effective sentence of twenty-five years. In this direct appeal, the Defendant presents the following issues for our review: (1) The trial court erred when it denied two of the Defendant’s challenges for cause to potential jurors; (2) The State presented insufficient evidence to convict the Defendant of three counts of aggravated robbery; and (3) The trial court erred when it imposed consecutive sentences. After our review, we affirm the judgments of the trial court and remand solely for the entry of corrected judgment forms for each of the Defendant’s aggravated robbery convictions. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. John M. Bailey
The Defendant, John M. Bailey, pled guilty to aggravated assault, a Class C felony, and failure to appear, a Class E felony. See T.C.A. §§ 39-13-102 (Supp. 2009) (amended 2010), 39-16-609 (2010). He was sentenced as a Range III, persistent offender to ten years’ confinement for aggravated assault and a consecutive four-year sentence for failure to appear. On appeal, he contends that the trial court erred during sentencing by affording undue weight to enhancement factors and by failing to apply mitigating factors supported by the evidence. Without the guilty plea hearing transcript, we presume the trial court’s determinations were correct. We affirm the judgments of the trial court. |
Jefferson | Court of Criminal Appeals | |
State of Tennessee v. Paul Williams, aka Paul Williams El
The defendant, Paul Williams, a/k/a Paul Williams El, was convicted by a Carroll County Circuit Court jury of driving on a cancelled, suspended, or revoked license, second offense, and was sentenced to six months in the county jail. On appeal, he argues that: (1) the trial court’s method for selecting the alternate juror resulted in the exclusion of the only African-American on the panel; (2) there is newly discovered evidence that should be considered; (3) the evidence was insufficient to sustain his conviction; and (4) the trial court erred in revoking his probation on a previous conviction and in sentencing him. After review, we affirm the judgment of the trial court. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Larry Randall Henry, II
A Bedford County jury convicted the Defendant, Larry Randall Henry, II, of aggravated burglary, and the trial court sentenced him to nine years in the Tennessee Department of Correction (“TDOC”). On appeal, the Defendant contends that the evidence is insufficient to support his conviction and that the trial court erred when it set the length of his sentence. Having reviewed the record and applicable law, we affirm the trial court’s judgment. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Tony Ray Billings
A Davidson County jury convicted the Defendant, Tony Ray Billings, of aggravated robbery, and the trial court sentenced him as a Range II, Multiple Offender to fourteen years in the Tennessee Department of Correction (“TDOC”). On appeal, the Defendant contends that: (1) the trial court erred when it allowed the State to amend the indictment; (2) the trial court committed plain error when it denied the Defendant’s motion to exclude identification testimony; and (3) the evidence is insufficient to sustain his conviction. After a thorough review of the record and applicable authorities, we affirm the trial court’s judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Bryan K. Howard
The Defendant, Bryan K. Howard, pled guilty to vehicular homicide, a Class B felony, with the length of his sentence and manner of service left to the discretion of the trial court. Following a sentencing hearing, the trial court denied all forms of alternative sentencing and sentenced the Defendant to eight years in the Tennessee Department of Correction. In this appeal as of right, the Defendant contends that the trial court erred in denying all forms of alternative sentencing. Following our de novo review, we affirm the judgment of the trial court. |
Roane | Court of Criminal Appeals | |
State of Tennessee v. Danny Ray Smith
The Defendant, Danny Ray Smith, was convicted of four counts of aggravated sexual battery, a Class B felony, and three counts of rape of a child, a Class A felony. See Tenn. Code Ann. §§ 39-13-504, 522. In this appeal as of right, the Defendant contends that (1) the trial court erred by allowing the victim to testify about instances of sexual contact between her and the Defendant other than those charged in the indictment; (2) the trial court erred by allowing a videotape of the victim’s forensic interview to be played for the jury; (3) the trial court erred by allowing the State to cross-examine the Defendant about an expunged criminal conviction; (4) the evidence was insufficient to sustain the Defendant’s conviction on count two of the indictment because the State’s proof materially varied from the allegations in the indictment; (5) the trial court erred in denying the Defendant’s motion for a judgment of acquittal on counts two, six, and seven; (6) the trial court erred by denying the Defendant’s motion for a new trial which was based on newly discovered evidence; and (7) the trial court erred by imposing partial consecutive sentences. Following our review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Leonard Lamont Currie
The defendant, Leonard Lamont Currie, was convicted of voluntary manslaughter, a Class C felony, and sentenced as a Range II, multiple offender to eight years in the Department of Correction. On appeal, he argues that the evidence was insufficient to support the jury’s rejection of his claim of self-defense. Following our review, we affirm the judgment of the trial court. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Chad Allen Kirk
The Defendant, Chad Allen Kirk, pled guilty to one count of driving on a suspended license, a Class B misdemeanor, in the Blount County General Sessions Court. See Tenn. Code Ann. § 55-50-504(a)(1). The General Sessions Court sentenced the Defendant to six months with 75 percent of the sentence to be served in confinement. The Defendant appealed the decision to the Blount County Circuit Court, which dismissed the appeal and remanded the case back to the General Sessions Court for execution of the judgment. In this appeal as of right, the Defendant contends that the Circuit Court failed to conduct a de novo review of the sentence. Following our review, we reverse the decision of the Circuit Court and remand the case for a new sentencing. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Bronche Blair
The defendant, Bronche Blair, was convicted by a Madison County Circuit Court jury of second degree murder, a Class A felony, and was sentenced as a Range I, violent offender to twenty-five years in the Department of Correction. On appeal, he argues that the evidence was insufficient to sustain his conviction and that the trial court imposed an excessive sentence. After review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Michael R. Smart
Following a jury trial, the Defendant, Michael R. Smart, was found guilty of sale of a Schedule VI controlled substance, a Class E felony; delivery of a Schedule VI controlled substance, a Class E felony; and simple possession of a Schedule VI controlled substance, a Class A misdemeanor. The trial court merged the sale and delivery convictions and sentenced the Defendant to 2 years for the Class E felony conviction and a consecutive 11 months and 29 days for the Class A misdemeanor conviction. In this appeal as of right, the Defendant contends (1) that the trial court erred in allowing the State to impeach him with his prior conviction of receiving stolen property; (2) that the trial court erred in failing to include the requested defense of entrapment in the jury instructions; and (3) that the trial court erred in sentencing him. Following our review, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Anthony D. Forster
A Davidson County grand jury indicted the Defendant, Anthony D. Forster, for four counts of robbery related charges stemming from two incidents. The Defendant was convicted of one count of especially aggravated robbery, acquitted on the remaining charges, and the trial court sentenced the Defendant to twenty-two years in prison. On appeal, the Defendant claims that:(1) the Defendant was denied his right to a speedy trial; (2) the evidence was insufficient to support his conviction; (3) the trial court erred in failing to sever the offenses; (4) the trial court erred in failing to compel the State to comply with Rule 16 of the Tennessee Rules of Criminal Procedure; and (5) the trial court improperly sentenced the Defendant. After a thorough review of the record and the applicable law, we affirm the trial court’s judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Gary Wayne McCullough
Following a preliminary hearing in Hamilton County General Sessions Court, a Hamilton County grand jury charged the defendant, Gary Wayne McCullough, with operating a boat without lights, see T.C.A. § 69-9-209 (2004), boating under the influence, see id. § 69-9- 217(a), violating the implied consent law, see id. § 69-9-217(f)(1), and simple possession of marijuana, see id. § 39-17-418 (2006). In the trial court, the defendant contended in a motion to dismiss the indictment that the actions of the Tennessee Wildlife Resources Agency (TWRA) in setting their own cases in a disproportionate number before certain general sessions judges constituted “judge-shopping” and resulted in a violation of the defendant’s due process rights. Following an evidentiary hearing on the defendant’s motion, the trial court agreed and remanded the case for a new preliminary hearing before a division of the general sessions court not implicated by the judge-shopping allegation. On interlocutory appeal, the defendant contends that the trial court should have dismissed his indictment with prejudice instead of remanding the case for a new preliminary hearing. The State contends that the trial court erred in dismissing the indictment and remanding the case. Because we conclude that the trial court’s findings of fact are not supported by the record, we reverse the judgment of the trial court and direct the trial court to reinstate the indictment on remand. |
Hamilton | Court of Criminal Appeals | |
Victor E. McConnell v. Jim Morrow, Warden, and State of Tennessee
The Petitioner, Victor E. McConnell, appeals the Bledsoe County Circuit Court’s summary dismissal of his petition for habeas corpus relief attacking his 1983 conviction for assault with intent to commit first degree murder. The Petitioner alleged that his judgment of conviction was void because the indictment was illegally amended on the day of his plea “to broaden the original charge without being resubmitted to the grand jury[.]” The habeas corpus court summarily dismissed the petition, finding that the Petitioner had failed to state a cognizable claim for relief. Following our review of the record and the applicable law, we affirm the order summarily ismissing the petition. |
Bledsoe | Court of Criminal Appeals | |
State of Tennessee v. Kasey N. Maddox
The Defendant, Kasey N. Maddox, appeals the sentencing decision of the Bedford County Circuit Court. Following her guilty plea to the sale of .5 grams or more of cocaine, a Class B felony, the trial court imposed a nine-year sentence as a Range I, standard offender to be served in the Department of Correction. On appeal, the Defendant asserts that the trial court erred in denying alternative sentencing. After a review of the record, we affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
Jose E. Molina a/k/a Roberto C. Perez v. State of Tennessee
The Petitioner, Jose E. Molina, aka Roberto C. Perez, was convicted by a jury of aggravated rape and aggravated robbery and was, thereafter, sentenced to an effective sentence of twenty-one years at 100%. This Court affirmed the Petitioner’s convictions on direct appeal. The Petitioner filed a timely petition for post-conviction relief and, following an evidentiary hearing, the post-conviction court denied relief. In this appeal, the Petitioner raises the following issues for review: (1) the post-conviction court erred in its determination that the Petitioner’s trial counsel was effective; and (2) in light of a recent publication, the fingerprint comparison testimony at his trial should be excluded as scientifically unreliable. Following our review, we conclude that the Petitioner has not shown he is entitled to relief. We affirm the Davidson County Criminal Court’s denial of relief. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Tommy L. Beaty a/k/a Jacky Wayne Beaty
The Defendant, Tommy L. Beaty, pled guilty to aggravated burglary and agreed to allow the trial court to set the length and manner of his sentence. The trial court sentenced him to thirteen years in the Tennessee Department of Correction. On appeal, the Defendant contends the trial court erred when it set the length of his sentence and when it ordered him to serve his sentence in confinement. After a thorough review of the record and applicable law, we affirm the trial court’s judgment. |
Davidson | Court of Criminal Appeals |
