State of Tennessee v. Bruce Franks, Jr.
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Hardin | Court of Criminal Appeals | |
State of Tennessee v. Courtenay Darrell Robertson
A Madison County jury convicted the defendant, Courtenay Darrell Robertson, of attempted second degree murder, a Class B felony; aggravated arson, a Class A felony; and felony evading arrest, a Class E felony. The trial court sentenced the defendant as a Range II offender to twenty years at 35% for attempted second degree murder, thirty-five years at 100% for aggravated arson, and four years at 35% for felony evading arrest, to be served in the Tennessee Department of Correction. The trial court ordered the defendant to serve the aggravated arson sentence consecutively to the attempted second degree murder sentence and to serve the sentence for felony evading arrest concurrently with the other two sentences, for a total effective sentence of fifty-five years. On appeal, the defendant argues that (1) the evidence was insufficient to support the aggravated arson conviction; (2) dual convictions for aggravated arson and attempted second degree murder violate double jeopardy principles; and (3) his sentence is excessive. Following a thorough review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
Linda Blair v. State of Tennessee
The petitioner, Linda Blair, pled guilty to TennCare fraud, a Class E felony, in May 2007. She subsequently filed a petition for post-conviction relief, alleging that she entered the guilty plea unknowingly due to ineffective assistance of counsel. She now appeals the postconviction court's denial of relief. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Eddie Lattimore
The Defendant, Eddie Lattimore, was found guilty by a Dekalb County Circuit Court jury of possession of schedule II hydromorphone with the intent to sell, a Class C felony; possession of schedule II morphine, a Class A misdemeanor; and possession of drug paraphernalia, a Class A misdemeanor. See T.C.A. __ 39-17-417(a)(4), -418(a), -425(a)(1) (2010). He was sentenced as a Range III, persistent offender to fourteen years' confinement for possession of hydromorphone with intent to sell and to eleven months, twenty-nine days' each for possession of morphine and possession of drug paraphernalia, all to be served concurrently. On appeal, he contends that the evidence was insufficient to support his convictions. We affirm the judgments of the trial court. |
DeKalb | Court of Criminal Appeals | |
Miko Burl v. James Fortner, Warden
The pro se petitioner, Miko Burl, appeals the summary dismissal of his petition for writ of habeas corpus relief. On February 7, 2000, the petitioner was convicted of especially aggravated robbery, aggravated assault, and aggravated burglary, for which he was sentenced to thirty-three years in the Department of Correction. On appeal, he argues that his conviction for especially aggravated robbery is void because this court vacated his conviction for aggravated assault on direct appeal. After careful review, we conclude that the summary dismissal of the petition was proper, and we affirm the judgment from the habeas corpus court. |
Shelby | Court of Criminal Appeals | |
Jeremy Crosby v. State of Tennessee
The petitioner, Jeremy Crosby, appeals as of right the Davidson County Criminal Court's order denying his petition for post-conviction relief attacking his jury convictions of possession with the intent to sell .5 grams or more of cocaine and possession of drug paraphernalia. On appeal, he contends that appellate counsel committed ineffective assistance by failing to raise or effectively argue certain issues on direct appeal. Following our review, we affirm the order of the trial court. |
Davidson | Court of Criminal Appeals | |
Eric Davis v. State of Tennessee
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Davidson | Court of Criminal Appeals | |
State of Tennessee v. Steve Billman, Jr.
The Defendant, Steve Billman, Jr., was convicted of driving under the influence (DUI), second offense, a Class A misdemeanor, and violation of the implied consent law, a Class C misdemeanor. Following a sentencing hearing, the trial court sentenced the Defendant for DUI, second offense, to 11 months and 29 days suspended to probation following the service of 60 days in the county jail. In this appeal as of right, the Defendant contends that (1) the evidence was insufficient to sustain his conviction for DUI and that (2) the trial court erred in denying the Defendant's motion for a mistrial. Following our review, we conclude that the trial court abused its discretion in declining to grant a mistrial. Therefore, we reverse the judgment of the trial court and remand the case for a new trial. |
Wayne | Court of Criminal Appeals | |
Spencer Peterson v. State of Tennessee
The petitioner, Spencer Peterson, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he received the effective assistance of counsel. After review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Robert Lee Miller
The appellant, Robert Lee Miller, was found guilty of the first degree murder of the victim, Krystal Dubuque, during the perpetration of an aggravated rape, and he was sentenced to life imprisonment in the Tennessee Department of Correction. On appeal, the appellant argues (1.) that the trial court erred in admitting a videotaped interview of the appellant dressed in his prison uniform; (2.) that the trial court should have excluded the testimony of Rodney Perkins identifying the appellant as the person he saw near the victim's car; (3.) that the trial court erred in not granting a mistrial when the State disclosed that recent blood testing had revealed that blood in the victim's underwear was not that of the appellant; (4.) that the trial court erred in not granting the appellant's motion for a judgment of acquittal pursuant to Rule 29 of the Tennessee Rules of Criminal Procedure; (5.) that the trial court erred in permitting the introduction of prior act evidence regarding the appellant's dealings with other women and specifically regarding statements about his desire to be sexually involved with the victim; (6.) that the trial court erred in not suppressing all statements made by the appellant as they were obtained in violation of his right to counsel as secured by the Tennessee State Constitution Article I, Section 9 and Amendments Five and Six of the U.S. Constitution; and (7.) that the appellant's right to a speedy trial was violated. Upon review, we affirm the judgment of the trial court. However, we must remand to the trial court for entry of a corrected judgment of conviction to reflect the appellant's guilt of count one, felony murder, instead of count two, premeditated first degree murder. |
Carter | Court of Criminal Appeals | |
State of Tennessee v. Derrick Lemon Goode
A Bedford County Circuit Court jury convicted the defendant, Derrick Lemon Goode, of one count of the sale of .5 grams or more of cocaine, see T.C.A. _ 39-17-417(a)(3) (2006), and one count of the delivery of .5 grams or more of cocaine, see id. _ 39-17-417(a)(2). The trial court merged the convictions and imposed a sentence of 12 years' incarceration. In this appeal, the defendant contends that the trial court erred by failing to excuse a juror for cause, that the trial court erred by denying his pretrial request for material pursuant to Rule 26.2 of the Tennessee Rules of Criminal Procedure, that the State withheld exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963), that the trial court erred by failing to give a limiting instruction regarding the jury's use of the defendant's prior convictions, and that the evidence was insufficient to support his convictions. Discerning no error, we affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
Rodney Jeffries v. State of Tennessee
The petitioner, Rodney Jeffries, appeals the habeas corpus court's order summarily dismissing his "Petition for Writ of Habeas Corpus or in the Alternative, Petition to Re-open Petition for Post-Conviction Relief." Following our review of the record and applicable law, we affirm the habeas court's denial of relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Andre Jabbar Johnson
A trial jury found the defendant, Andre Jabbar Johnson, guilty of resisting arrest, a Class B misdemeanor. The trial court sentenced the defendant to six months in the county jail, with a release eligibility of 75%. On appeal, the defendant contends that his sentence is excessive because the trial court failed to properly weigh the mitigation factors against the enhancement factors. Following our review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Cecret C. Williams
The Defendant, Cecret C. Williams, was charged with one count of aggravated child abuse and one count of aggravated child neglect. Following a jury trial, she was convicted of both offenses; however, the trial court merged the two counts. In this direct appeal, the Defendant contends that: (1) the evidence was not sufficient to convict her on either count; (2) the trial court erred in failing to fulfill its duties as the thirteenth juror; and (3) the trial court erred in entering separate judgments and sentences for each of her convictions. After reviewing the record, we conclude that the trial court misconstrued its authority to grant a new trial under the thirteenth juror rule, Rule 33(d) of the Tennessee Rules of Criminal Procedure. We accordingly reverse and remand for a new trial. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jimmy Daniel Prater
A Wayne County jury acquitted the Defendant, Jimmy Daniel Prater, of driving under the influence and mitigated criminal littering, but it found that the Defendant violated the implied consent law and violated the open container law. On appeal, the Defendant challenges the sufficiency of the evidence supporting his conviction for violation of the implied consent law. After a review of the record, we affirm the judgments of the trial court. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Siron S. Shields
The defendant, Siron S. Shields, appeals the revocation of his community corrections sentence, claiming that the trial court erred by revoking his community corrections sentence and ordering him to serve his original sentence in the Tennessee Department of Correction. Following our review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Meyer
The Defendant, Kenneth Meyer, was found guilty by a Bledsoe County Circuit Court jury of voluntary manslaughter, a Class C felony. See T.C.A. _ 39-13-211 (2010). He was sentenced as a Range II, multiple offender to ten years' confinement. On appeal, he contends that (1) the evidence was insufficient to support his conviction, (2) the trial court erred by admitting only part of a 9-1-1 tape into evidence, (3) the trial court erred by admitting hearsay into evidence, (4) the state improperly withheld exculpatory evidence, (5) the trial court erred by refusing to issue a self-defense instruction requested by the defendant, (6) the trial court erred by considering prior criminal convictions that were not proven by certified copies of conviction and were not disclosed to the defendant before the sentencing hearing, and (7) the trial court imposed an excessive sentence. We affirm the judgment of the trial court. |
Bledsoe | Court of Criminal Appeals | |
State of Tennessee v. Montorius G. Herron
The defendant, Montorius G. Herron, stands convicted of identity theft, a Class D felony, and theft of property under $500, a Class A misdemeanor. The trial court sentenced him to eleven months, twenty-nine days in the county jail with a release eligibility of 75% for the misdemeanor conviction concurrent with twelve years as a career offender in the Tennessee Department of Correction with a release eligibility of 60% for the felony conviction. On appeal, the defendant argues that the evidence was insufficient to support his conviction for identity theft and the trial court committed plain error by not charging fraudulent use of a credit card as a lesser-included offense of identity theft. Following our review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Krystal Johnson
The defendant, Krystal Johnson, pled guilty to criminal attempt to commit aggravated child neglect, a Class B felony. She received an eight-year sentence as a Range I, standard offender in the Tennessee Department of Correction. She petitioned the trial court for probation, which the court denied after a hearing. The defendant now appeals the denial of probation or alternative sentencing. Specifically, the defendant argues that the trial court (1) did not consider all of the factors enunciated in Stiller v. State, 516 S.W.2d 617 (Tenn. 1974) when denying probation; (2) improperly considered that the defendant pled guilty to a Class B felony when the grand jury indicted her for a Class A felony; and (3) did not consider a sentence involving community corrections. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Johnny M. Burroughs v. State of Tennessee
A Dickson County jury convicted the Petitioner, Johnny M. Burroughs, of felony murder, especially aggravated robbery, and theft of property over $1000, and it imposed a life sentence for his murder conviction. The trial court sentenced him to twenty years for his robbery conviction and to two years for his theft conviction, to be served concurrently with his life sentence. On direct appeal, this Court affirmed the Petitioner's convictions and sentence. The Petitioner then filed a petition for post-conviction relief, claiming he received the ineffective assistance of counsel, which the post-conviction court dismissed after a hearing. On appeal, the Petitioner contends the post-conviction court erred when it dismissed his petition. After a thorough review of the record and applicable law, we affirm the postconviction court's judgment. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. George John Byrd
The Defendant-Appellant, George John Byrd, was convicted by a Knox County jury of three counts of aggravated rape, a Class A felony, and one count of aggravated assault, a Class C felony. He was sentenced to twenty-five years for each aggravated rape and to twelve years for aggravated assault. The trial court ordered the sentences to be served concurrently, for an effective sentence of twenty-five years in the Tennessee Department of Correction. The sole issues presented for our review are whether the trial court erred by (1) allowing testimony of certain thefts by Byrd; and (2) allowing a nurse to testify about statements made by the victim during her medical examination. Upon review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Booth
The Defendant-Appellant, Jeffrey Booth, was convicted by a Shelby County Criminal Court jury of two counts of especially aggravated kidnapping, a Class A felonies; one count of aggravated robbery, a Class B felony; and one count of aggravated assault, a Class C felony. Booth received concurrent sentences of twenty years for each of the two especially aggravated kidnapping convictions, eight years for the aggravated robbery conviction, and three years for the aggravated assault conviction, for an effective sentence of twenty years in confinement. On appeal, Booth argues that (1) the evidence was insufficient to support his convictions; (2) the prosecutor made improper comments during closing argument; (3) his separate convictions for especially aggravated kidnapping, aggravated robbery, and aggravated assault violate due process pursuant to State v. Anthony, 817 S.W.2d 299 (Tenn. 1991) and State v. Dixon, 957 S.W.2d 532 (Tenn. 1997); (4) the trial court erred in failing to instruct the jury on voluntary intoxication; (5) the trial court erred in failing to merge the two convictions for especially aggravated kidnapping. Upon review, we merge the dual especially aggravated kidnapping convictions into a single conviction and remand the case to the trial court for entry of corrected judgments to reflect the merger of these convictions. We affirm the judgments of the trial court in all other respects. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jose A. Iniguez
Defendant, Jose A. Iniguez, was convicted by a Madison County jury of stalking, a Class A misdemeanor, and driving while unlicensed, a Class C. Misdemeanor. For stalking, the trial court imposed a sentence of 11 months, 29 days and for driving while unlicensed a sentence of 30 days, to be served concurrently in the county jail. On appeal, Defendant's sole issue is a challenge to the sufficiency of the evidence for his stalking conviction. After a thorough review of the record, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
Charles Bates v. State of Tennessee
The petitioner, Charles Bates, appeals the denial of his petition for post-conviction relief. He pled guilty to criminal attempt to commit aggravated sexual battery, a Class C felony, in exchange for a sentence of six years in the Shelby County Correction Center as a Range I, standard offender. On appeal, he argues that counsel was ineffective and that his guilty plea was not entered knowingly, voluntarily, and intelligently. After careful review, we affirm the denial of relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Dionis Nick Papa
The defendant, Dionis Nick Papa, appeals the sentencing decision of the Davidson County Criminal Court. Because the record supports the trial court's ordering a sentence of confinement, we affirm. |
Davidson | Court of Criminal Appeals |
