State of Tennessee v. April Jennifer Warren
The defendant, April Jennifer Warren, pled guilty in the Blount County Circuit Court to one count of voluntary manslaughter, a Class C felony. Pursuant to the plea agreement, the defendant agreed to a sentence of ten years a Range II, multiple offender, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court sentenced the defendant to confinement. In this appeal as of right, the defendant contends that the trial court erred in denying her request for alternative sentencing. Following our review, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Jimmy L. Gladden, Jr.
The defendant Jimmy L. Gladden Jr., appeals from the revocation of his community corrections sentence, claiming that the trial court erred by ordering that he serve his sentence in confinement. The state has filed a motion requesting that this court affirm the trial court's judgment pursuant to Rule 20 of the Tennessee Court of Criminal Appeals. We conclude that the state's motion is meritorious. Accordingly, we grant the state's motion and affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Jonathan Ray Sender
The Defendant, Jonathan Ray Sender, pled guilty to reckless aggravated assault, with an agreed sentence of four years and the trial court to determine the manner of service. Following a sentencing hearing, the trial court denied the defendant's request for judicial diversion, and ordered the defendant to serve thirty days of his four-year sentence in confinement, with the remainder to be served on supervised probation. The defendant appeals, claiming the trial court erred when it denied him judicial diversion and ordered a sentence of split confinement. After a thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Ladarius Tyree Springs
The defendant, Ladarius Tyree Springs, pled guilty to one count of aggravated burglary, a Class C felony. Pursuant to the plea agreement, the Hamilton County Criminal Court sentenced the defendant to six years incarceration suspended to intensive probation after the service of eleven months and twenty-nine days in confinement. While on probation, the defendant pleaded guilty to assault. A violation of probation warrant issued and, following a revocation hearing, the trial court ordered the defendant to serve the remainder of his sentence in confinement. In this appeal as of right, the defendant contends that the trial court erred in denying him an alternative sentence. Following our review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Lanny Wayne Waddell
A Franklin County Circuit Court jury convicted the defendant, Lanny Wayne Waddell, of domestic assault, see T.C.A. _ 39-13-111(b) (2006), and the trial court imposed a sentence of 11 months and 29 days. In this appeal, the defendant challenges the sufficiency of the convicting evidence. Finding the evidence sufficient, we affirm the judgment of the trial court. |
Franklin | Court of Criminal Appeals | |
State of Tennessee v. Sean Terrell Horton
The defendant, Sean Terrell Horton, appeals his Davidson County Criminal Court jury convictions of possession with the intent to deliver or sell 26 grams or more of cocaine, a Class B felony, and possession of drug paraphernalia, a Class A misdemeanor. On appeal, he contends that the evidence is insufficient to support his convictions. Discerning no error, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Willie Earl Brown, Jr.
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Davidson | Court of Criminal Appeals | |
State of Tennessee v. Joseph Nelson
The defendant, Joseph Nelson, was convicted by a Madison County jury of two counts of rape of a child, a Class A felony. He was subsequently sentenced by the trial court to concurrent sentences of twenty-five years, to be served in the Department of Correction. On appeal, the defendant has raised the single issue of sufficiency of the evidence. Following review of the record, we affirm the judgments of conviction. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Aubrey Tremaine Eisom and Cedric Moses
A Dyer County Circuit Court jury convicted the defendant, Aubrey Tremaine Eisom, of two counts of first degree felony murder and one count of especially aggravated robbery and convicted the defendant, Cedric Moses, of two counts of the facilitation of first degree felony murder and one count of especially aggravated robbery. The trial court sentenced Mr. Eisom to consecutive sentences of life imprisonment for both of the felony murder convictions and a consecutive sentence of 40 years' incarceration for the especially aggravated robbery conviction. The trial court sentenced Mr. Moses to 25 years' incarceration for each of his three convictions and ordered the sentences to be served concurrently, for a total effective sentence of 25 years. In this appeal, Mr. Eisom contends that the trial court erred by denying his motion for a bill of particulars, that the trial court erred by denying his motion to sever his trial from that of Mr. Moses, that the trial court erred by prohibiting him from presenting a "third party defense," and that the evidence was insufficient to support his convictions. Mr. Moses also challenges the sufficiency of the convicting evidence, claiming that the State failed to sufficiently corroborate the testimony of accomplice Ewan Dewayne Anthony. Mr. Moses additionally asserts that the trial court erred by refusing to sever his trial from that of Mr. Eisom and that his sentence is excessive. Discerning no error in the judgments of the trial court in Mr. Eisom's case, we affirm Mr. Eisom's convictions and the accompanying sentence. Because the State failed to produce sufficient evidence to corroborate the accomplice testimony relative to Mr. Moses' involvement in the crimes, we reverse Mr. Moses' convictions and dismiss the charges against him. |
Dyer | Court of Criminal Appeals | |
Billy J. Coffelt v. State of Tennessee
In Davidson County Criminal Court, following a jury trial, Petitioner was convicted of felony escape, two counts of aggravated assault and three counts of especially aggravated kidnapping. State v. Lyle T. Van Ulzen, No. M2004-02462-CCA-R3-CD, 2005 WL 2874654, at *1-2 (Tenn. Crim. App., at Nashville, Oct. 31, 2005); State v. Billy J. Coffelt, No. M2002- 01214-CCA-R3-CD, 2003 WL 22116628, at *1-2 (Tenn. Crim. App., at Nashville, Sept. 11, 2003), perm. app. denied (Tenn. Feb. 2, 2004). After direct appeal to this Court and resentencing, Petitioner's effective sentence was ninety years. Lyle T. Van Ulzen, 2005 WL 2874654, at *6-7. Petitioner filed a petition for post-conviction relief alleging ineffective assistance of counsel. Following an evidentiary hearing, the post-conviction court denied the petition. On appeal, Petitioner argues that the post-conviction court erred in denying his petition. Petitioner specifically argues that trial counsel was ineffective because trial counsel: (1) refused to allow Petitioner to testify at trial and failed to request a Momon hearing; (2) failed to request Pattern Jury Instruction 8.02 and an instruction on the elements of false imprisonment as a lesser included offense of especially aggravated kidnapping; (3) failed to request a jury instruction for the natural and probable consequences rule; (4) failed to raise in either the motion for new trial or on direct appeal the issue of stipulation of the offense for which Petitioner was incarcerated at the time of his escape; and (5) failed to request a severance from the co-defendant. After a thorough review of the record on appeal, we affirm the post-conviction court's denial of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. William Anthony Jones
A Dyer County Circuit Court jury convicted the defendant, William Anthony Jones, of aggravated assault. On appeal, he argues that the trial court erroneously prohibited him from"argu[ing] that the defendant lacked the mental state of intentionally or knowing[ly] with respect to causing serious bodily injury." Discerning no error, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Thomas Pardue
Appellant, Jeffrey Thomas Pardue, was indicted by the Davidson County Grand Jury for burglary of a motor vehicle and theft of property valued at more than $1,000. A jury found aAppellant guilty of both charges. The trial court sentenced appellant to two years for burglary and three years for theft, and the sentences were ordered to be served concurrently. The trial court suspended the sentences and placed appellant on probation. Appellant was also ordered to receive alcohol treatment and pay restitution in the amount of $1,184. After the denial of a motion for new trial, appellant filed a timely notice of appeal. On appeal, appellant argues that the evidence was insufficient to sustain the convictions. After a review of the record, we determine that the evidence was sufficient to support the convictions for burglary of a vehicle and theft of property valued at more than $1,000. Consequently, the judgments of the trial court are affirmed. |
Davidson | Court of Criminal Appeals | |
Kathy Michelle Fowler v. State of Tennessee
Petitioner, Kathy Michelle Fowler, was indicted by the Davidson County Grand Jury in one indictment for domestic assault, harassment, and aggravated criminal trespass. Petitioner subsequently pled guilty to domestic assault. The remaining two charges were dismissed. Petitioner was sentenced to eleven months and twenty-nine days, to be served on probation. Petitioner filed a petition to expunge the dismissed charges pursuant to Tennessee Code Annotated section 40-32-101. After a hearing, the trial court denied the petition, concluding that the plain language of the statute excluded expungement of "cases in which the defendant has been convicted of a charge within the case." Petitioner filed a petition for a writ of certiorari in this Court. We granted the petition in order to determine if the trial court has exceeded its jurisdiction or has acted illegally. After a review of the record, we determine that based on this Court's decision in State v. Gerald Gifford, No. E2006-02500- CCA-R3-CD, 2008 WL 1813105 (Tenn. Crim. App., at Knoxville, Apr. 23, 2008), perm. app. denied, (Tenn. Oct. 27, 2008), the trial court herein improperly denied the petition to expunge the dismissed charges where petitioner was indicted in a multi-count indictment, pled guilty to one count of the indictment, and the remaining charges were dismissed. The judgment of the trial court is, therefore, reversed and the matter is remanded to the trial court for further proceedings, including granting petitioner's petition to expunge the dismissed charges of harassment and aggravated criminal trespass. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jim Hunter
The Defendant, Jim Hunter, was indicted for attempted first degree murder and domestic aggravated assault. After a jury trial, the Defendant was convicted of reckless endangerment and reckless aggravated assault. The trial court sentenced the Defendant to concurrent sentences of eight years for the reckless aggravated assault conviction and 11 months and 29 days for the reckless endangerment conviction. In this appeal as of right, the Defendant contends (1) that the trial court violated his Sixth Amendment right to a jury trial by basing his sentence on enhancement factors not determined by the jury and (2) that one of his convictions should not have been considered in determining his status as a multiple offender because of its age. Following our review, we affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Elliot Fullilove
The defendant, Elliot Fullilove, was convicted of first degree (felony) murder and especially aggravated robbery, a Class A felony. He was sentenced to concurrent life sentences. On appeal, he argues that the evidence was insufficient to support his convictions and that the trial court erred in denying his motion to suppress a statement he made to the police, in admitting hearsay, and in admitting a crime scene photograph. After careful review, we affirm the judgments from the trial court. |
Shelby | Court of Criminal Appeals | |
Russell Lee Maze v. State of Tennessee
Petitioner, Russell Lee Maze, appeals the dismissal of his petition for post-conviction relief in which he alleged that his trial counsel rendered ineffective assistance of counsel. Specifically, Petitioner contends that (1) counsel failed to make an offer of proof regarding the testimony of Dr. Edward Yazbak; and (2) counsel failed to consult with a qualified medical expert regarding imaging evidence of the victim's neurological damage and failed to present a qualified medical expert to contradict the State's medical evidence regarding causation of the victim's brain and neurological damage. Petitioner also contends that the trial court erred in denying his petition for writ of error coram nobis. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel. Furthermore, the trial court did not abuse its discretion when it denied the petition for writ of error coram nobis. Accordingly, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Albert Lynn Norton
The Appellant, Albert Lynn Norton, appeals as of right from the Blount County Circuit Court's order revoking his probation and ordering him to serve his sentences in incarceration. On appeal, he argues that the trial court abused its discretion by ordering him to serve his sentences in confinement. Following our review, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
Philander Butler v. State of Tennessee
The petitioner, Philander Butler, pro se, appeals the summary dismissal of his petition for post-conviction relief for being filed after the statute of limitations had expired. On appeal, he argues that the post-conviction court erred in dismissing his petition before appointing counsel and conducting a hearing to determine the merits of his petition. After review, we affirm the summary dismissal of the petition for post-conviction relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Anthony Tharpe
The defendant, Michael Anthony Tharpe, appeals the revocation of his probation by the Circuit Court for Carroll County. On May 11, 2009, he entered a guilty plea to theft over $500, and was sentenced to three years probation. He later committed new law violations and failed to report to his probation officer. Following a hearing on March 29, 2010, the defendant's probation was revoked, and he was ordered to serve the balance of his sentence in confinement. After careful review, we affirm the judgment of the Circuit Court. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Franklin A. Christy
Defendant, Franklin A. Christy, appeals the trial court's order revoking his probation and ordering him to serve his sentence in confinement. In this appeal, Defendant acknowledges that the evidence showed he violated the terms of his probation. However, he argues that the trial court should have sentenced him to community corrections rather than order service |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Archie Hill, Jr.
The Defendant, Archie Hill, Jr., pled guilty to one count of aggravated burglary and one count of burglary. The trial court sentenced him to seven years, with the Defendant to serve eleven months and twenty-nine days in confinement and then be released to probation. Soon after the Defendant began serving his probation sentence, a violation of probation affidavit was filed against the Defendant. After a hearing, the trial court revoked the Defendant's probation sentence and ordered him to serve the remainder of his sentence in confinement. The Defendant appeals, contending the trial court erred in placing into effect his original sentence. After a thorough review of the record and applicable law, we affirm the trial court's judgment. |
Franklin | Court of Criminal Appeals | |
State of Tennessee v. Vicky Gillig, A/K/A Vicki Gillig, A/K/A Vicky Taylor, A/K/A Vicky Little
The defendant, Vicky Ann Gillig, a/k/a Vicki Gillig, a/k/a Vicky Taylor, a/k/a Vicky Little, entered best interest guilty pleas in the Sullivan County Criminal Court to the offenses of aggravated assault, a Class C felony; child abuse and neglect, a Class A misdemeanor; and contributing to the delinquency or unruliness of a minor, a Class A misdemeanor, in exchange for an effective sentence of four years. Following a sentencing hearing, the trial court denied the defendant's request for probation, the denial of which she now appeals. After review, we affirm the trial court's sentencing decision. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Chad Nicholas Hale
Defendant, Chad Nicholas Hale, was convicted of driving under the influence (DUI) per se, a Class A misdemeanor. He was sentenced to eleven months, twenty-nine days to serve 10 days by incarceration and the balance suspended and served on probation. On appeal, Defendant contends that the trial court erred by failing to suppress the results of his breath alcohol content test. After a thorough review of the record, we affirm the judgment of the trial court. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Thomas P. Isbell
Defendant, Thomas P. Isbell, was indicted for possession of oxycodone, burglary, two counts of theft over $1,000, and vandalism over $10,000. On October 21, 2008, Defendant pled guilty as charged. The sentence was left to the trial court's determination. Following a sentencing hearing, the trial court merged the two theft convictions and imposed an effective sentence of three years and six months, as a Range I standard offender, to be served by incarceration. On appeal, Defendant challenges the trial court's denial of alternative sentencing. After a thorough review of the record, we affirm the judgments of the trial court. |
Lincoln | Court of Criminal Appeals | |
State of Tennessee v. Matthew Joseph Carter
The Defendant, Matthew Joseph Carter, was sentenced as a Range I, violent offender to twenty-three years for second degree murder, a Class A felony, and as a Range I, standard offender to eleven years each for two counts of attempted second degree murder, a Class B felony, and to six years each for three counts of aggravated assault, a Class C felony. The trial court ordered partially consecutive sentences, for an effective forty-year sentence in the Department of Correction. On appeal, the Defendant contends that the sentences are excessive and that the trial court erred in imposing consecutive sentencing. Although we conclude that the trial court erred in applying three of the nine enhancement factors, we hold that the lengths of the sentences imposed by the trial court are appropriate. We hold, though, that the imposition of consecutive sentences was in error and modify the Defendant's sentences to be served concurrently, for an effective twenty-three-year sentence. |
Knox | Court of Criminal Appeals |
