State of Tennessee v. Deshawn Gail Leiger
The defendant, Deshawn Gail Leiger, appeals from the revocation of her community corrections sentence, claiming that the trial court erred by ordering that she serve her sentence in confinement. Discerning no error, we affirm. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Lance Burton
The Defendant, Lance Burton, was convicted by a Shelby County Criminal Court jury of one count of aggravated robbery, a Class B felony. The trial court sentenced the defendant as a mitigated offender to eight years in the custody of the Tennessee Department of Correction. In this appeal as of right, he contends that the evidence is insufficient to support his conviction and that the State committed prosecutorial misconduct during closing argument. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ronald Jerome Gleaves
The Defendant, Ronald Jerome Gleaves, was indicted following the execution of a search warrant that led to the discovery and seizure of narcotics. The defendant moved to suppress the evidence seized during the search, arguing the warrant was unconstitutionally issued. The trial court granted the defendant's motion and dismissed the charge against the defendant. The State appeals, contending the warrant was valid, and the evidence was admissible. After a thorough review of the record and applicable law, we reverse the order suppressing the drugs found during the execution of the search warrant. We vacate the order dismissing the indictment and remand for further proceedings consistent with this opinion. |
Davidson | Court of Criminal Appeals | |
Robert M. Linder v. State of Tennessee
Petitioner Robert M. Linder was convicted of especially aggravated sexual exploitation of a minor following a bench trial in the Blount County Circuit Court. The trial court sentenced him to 12 years, and on appeal this Court modified his sentence to 11 years. He then filed a petition for post-conviction relief and, due to irreconcilable differences with his appointed counsel, has proceeded through the post-conviction process pro se. After an evidentiary hearing, the post-conviction court denied relief. Petitioner now appeals, alleging numerous errors in his conviction and subsequent appeals as well as ineffective assistance of trial, appellate, and post-conviction counsel. Although we conclude that the trial court enhanced Petitioner's sentence in violation of the rule announced in Blakely v. Washington, 542 U.S. 296 (2004), that violation was harmless beyond a reasonable doubt. Therefore, it does not provide the basis for an ineffective assistance of counsel claim. Similarly, none of Petitioner's other claims afford a basis for post-conviction relief. Consequently, we affirm the judgment of the post-conviction court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. George Washington Matthews - Concurring
I concur in the court’s opinion and express the view that the pivot upon which |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. George Washington Matthews
The Defendant, George Washington Matthews, was convicted by a Davidson County Criminal Court jury of facilitation of the sale of 0.5 grams or more of cocaine, a Class C felony, and possession of drug paraphernalia, a Class A misdemeanor. The defendant was sentenced as a career offender and received an effective sentence of fifteen years to serve in the Tennessee Department of Correction. In this appeal as of right, the defendant contends that (1) the trial court erred in denying his motion to dismiss his case; (2) the trial court erred in approving the jury's verdict as the thirteenth juror; (3) the evidence was insufficient to sustain his conviction of facilitation of the sale of 0.5 grams or more of cocaine; and (4) the trial court erred in sentencing the defendant as a career offender. Following our review, we reverse the judgments of the trial court because the trial court failed to fulfill its role as the thirteenth juror. We remand the defendant's case for a new trial. |
Davidson | Court of Criminal Appeals | |
Terrance G. Motley v. State of Tennessee
A Shelby County jury convicted the Petitioner, Terrance G. Motley, of attempted first degree murder and of being a felon in possession of a handgun, and the trial court sentenced him to forty-four years in prison. We affirmed the Petitioner's convictions and sentence on direct appeal. The Petitioner then filed a petition for post-conviction relief, which the post-conviction court denied. The Petitioner now appeals, claiming the post-conviction court erred when it dismissed his petition for post-conviction relief because: (1) he received the ineffective assistance of counsel; and (2) the trial court improperly refused to appoint him another attorney after he waived his right to counsel. After a thorough review of the record and applicable law, we affirm the post-conviction court's judgment. |
Shelby | Court of Criminal Appeals | |
Kilven Neal v. State of Tennessee
The petitioner, Kilven Neal, appeals the Fayette County Circuit Court's summary dismissal of his petition for writ of habeas corpus. The State has filed a motion requesting that we dismiss the appeal based on the petitioner's failure to file a timely notice of appeal, or, in the alternative, affirm the lower court's judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we conclude that there was no timely notice of appeal filed and that the petitioner's claims do not warrant that we waive the timely notice of appeal requirement in the interest of justice. Accordingly, we dismiss the appeal. |
Fayette | Court of Criminal Appeals | |
Harold K. Gause v. State of Tennessee
The petitioner, Harold Gause, appeals the summary dismissal of his petition for post-conviction relief. He entered a plea of guilty to reckless driving on April 30, 2003, in exchange for a sentence of seventeen days, which he had already served. He filed a petition for post-conviction relief on April 15, 2009. On appeal, he argues that: it was improper for the post-conviction court to summarily dismiss the petition; his allegations established a colorable claim for relief; the State failed to adequately answer the allegations contained in his petition; and this court should take judicial notice of the petitioner's complaint filed with the Board of Professional Responsibility regarding the representation of trial counsel. After careful review, we affirm the summary dismissal from the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Jermaine Harris
A Hamilton County jury convicted the defendant, Michael Jermaine Harris, of one count of aggravated arson. The trial court sentenced him to 19 years' incarceration to be served at 100 percent as a violent offender. The defendant appeals his conviction and argues that the evidence was insufficient to support his conviction, that the trial court erred in failing to give a proper jury instruction regarding eyewitness identification, and that the trial court erred in enhancing his sentence on the basis of factors not determined by the jury. Discerning no error, we affirm the judgment of the Hamilton County Criminal Court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Edward Pope
The Defendant, Edward Pope, pled guilty to attempted aggravated robbery and aggravated assault, with an agreed effective sentence length of seven years and with the trial court to determine manner of service. Following a sentencing hearing, the trial court ordered the Defendant to serve his sentence in confinement. The Defendant appeals, claiming the trial court erred in denying him an alternative sentence. After a thorough review of the record and applicable law, we affirm the judgments of the trial [*2] court. |
Rutherford | Court of Criminal Appeals | |
Darrell W. Lunsford v. Howard Carlton, Warden - Dissenting
Irespectfully dissent from the conclusion that the incorrect release eligibility date (RED) was not a material part of the plea agreement. I do not believe the record justifies such a conclusion without an evidentiary hearing. I also do not believe that the habeas court should be the forum to determine whether the Petitioner should be entitled to withdraw his plea. Once the habeas court determines that an illegal sentence has been imposed and vacates the judgment of conviction, what then occurs in the original case should be left to the convicting court to decide. |
Johnson | Court of Criminal Appeals | |
Darrell W. Lunsford v. Howard Carlton, Warden
The Petitioner, Darrell W. Lunsford, appeals the dismissal of his petition for a writ of habeas corpus, in which he alleged that his sentence was illegal. Upon review, we affirm the judgment of the habeas corpus court. |
Johnson | Court of Criminal Appeals | |
William Earl Robinson A.K.A. Edward Baxter v. State of Tennessee
The petitioner, William Earl Robinson, a.k.a. Edward Baxter, appeals the Davidson County Criminal Court's denial of his petition for post-conviction relief. The petitioner pled guilty to rape, a Class B felony, and was sentenced to eight years, which was suspended to probation upon acceptance of the plea. After his probationary sentence was revoked, the petitioner filed a post-conviction petition, alleging that his plea was entered unknowingly and involuntarily based upon the ineffective assistance of counsel. On appeal, he specifically contends that trial counsel was ineffective by failing to properly advise the petitioner of his potential range of punishment for the charged offenses prior to his acceptance of the plea. Following review of the record, we find no error and affirm the denial of post-conviction relief. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Guy Henry White
The defendant, Guy Henry White, entered into an open guilty plea to one count of theft of property valued at $10,000 or more but less than $60,000. See T.C.A. _ 40-3-103 (2006). The trial court sentenced him to five years to be served as 90 days' incarceration with the remainder on supervised probation. The defendant appeals from the trial court's denial of judicial diversion and its imposition of a five-year sentence. Discerning no error, we affirm. |
Blount | Court of Criminal Appeals | |
Joseph R. Wiggins v. State of Tennessee
The petitioner, Joseph R. Wiggins, appeals the Lake County Circuit Court's summary dismissal of his petition for habeas corpus relief. In his petition, he contends that the five-year sentence he received for a simple rape conviction in 1983, is illegal because of a defective indictment. The State has filed a motion requesting that this court affirm the habeas corpus court's dismissal pursuant to Rule 20, Rules of the Court of Criminal Appeals. After review, we conclude that the State's motion is meritorious because the petitioner's challenged sentence has long expired and he is no longer "restrained of his liberty" pursuant to that conviction. Accordingly, we grant the State's motion and affirm the dismissal. |
Lake | Court of Criminal Appeals | |
Joseph C. Caldwell, Jr. v. State of Tennessee
The petitioner, Joseph C. Caldwell, Jr., pled guilty to robbery and aggravated burglary, both Class C felonies, and received a negotiated sentence of six years for each charge, to be served consecutively in the Tennessee Department of Correction. The post-conviction court denied the petitioner's post-conviction petition. On appeal, the petitioner argues that his trial counsel provided ineffective assistance of counsel and that he entered his guilty pleas involuntarily and unknowingly. Following our review, we affirm the judgment of the postconviction court. |
Putnam | Court of Criminal Appeals | |
Ricky Lynn Hill v. State of Tennessee
The petitioner, Ricky Lynn Hill, appeals the Chester County Circuit Court's denial of his petition for post-conviction relief. The petitioner pled guilty to vehicular assault, DUI - fifth offense, attempted tampering with evidence, and leaving the scene of an accident. Pursuant to the plea agreement, the petitioner was sentenced to an effective sentence of seven years, eleven months, and twenty-nine days and released to intensive probation. On appeal, the petitioner contends that his guilty plea was not entered knowingly and voluntarily based upon trial counsel's ineffectiveness in handling the case. Following review of the record, we affirm the denial of post-conviction relief. |
Chester | Court of Criminal Appeals | |
State of Tennessee v. Phil Fuller
The defendant, Phil Fuller, appeals the sentencing decision of the Marshall County Circuit Court following the revocation of his probationary sentence. While on supervised probation, a violation warrant was issued alleging multiple violations of the defendant's probationary agreement. The defendant subsequently waived his right to a hearing and pled guilty to the violations. Afterwards, the trial court revoked the defendant's probation and ordered that the balance of the original effective sentence of three years and three months be served in confinement. On appeal, the defendant does not contest the trial court's revocation but argues that the court erred in ordered him to serve the sentence in confinement rather than in fashioning a sentence involving split confinement. However, after review, we conclude that the defendant has failed to establish that the trial court abused its discretion. Accordingly, the judgment of the trial court is affirmed. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. James Anthony Burgess
Appellant, James Anthony Burgess, was indicted by the Putnam County Grand Jury for two counts of first degree murder, two counts of felony murder, one count of especially aggravated burglary, and one count of reckless endangerment. These indictments came as a result of the shooting deaths of appellant's estranged wife and her boyfriend at her home. A jury convicted appellant of two counts of second degree murder, two counts of felony murder, one count of especially aggravated burglary, and one count of reckless endangerment. The jury determined that appellant should be sentenced to life in prison for each felony murder conviction. Appellant's total effective sentence was two consecutive life sentences. We remand this case for the trial court's modification of appellant's sentence for especially aggravated burglary to aggravated burglary. In all other respects, we affirm the judgments of the trial court. |
Putnam | Court of Criminal Appeals | |
Latroy Lee Robertson v. State of Tennessee
The pro se Petitioner, Latroy Lee Robertson, appeals the Davidson County Criminal Court's denial of his petition for post-conviction relief, in which he attacks his sentences for three counts of the sale of .5 grams or more of cocaine and three counts of the sale of twenty-six grams or more of cocaine. The petitioner seeks a delayed appeal of the sentence, alleging that his attorney was ineffective for failing to file a direct appeal of the sentences. The postconviction court summarily dismissed the petition, and, after careful review, we reverse the post-conviction court's judgment and remand for further proceedings consistent with this opinion. |
Davidson | Court of Criminal Appeals | |
Johnny B. Ewing, II v. State of Tennessee
The pro se petitioner, Johnny B. Ewing, II, appeals the Davidson County Criminal Court's denial of his petition for writ of habeas corpus. Following our review, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
Scott M. Craig v. David Mills, Warden
The Petitioner, Scott M. Craig, appeals the Morgan County Criminal Court's summary dismissal of his petition for a writ of habeas corpus. The State has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we conclude that the State's motion is well-taken, and the judgment of the trial court is affirmed. |
Morgan | Court of Criminal Appeals | |
Arthur L. Armstrong v. State of Tennessee
The Petitioner, Arthur L. Armstrong, was convicted in 1978 of robbery, rape, kidnapping, and two counts of crime against nature and was sentenced to two life sentences, a twentyyear term, and two indeterminate terms of not less than ten years nor more than fifteen years, all of which the trial court ordered to be served consecutively. In March 2005, the petitioner filed a petition for a writ of error coram nobis, in which he alleged newly discovered evidence, and the trial court dismissed the petition after a hearing. On appeal, he contends that the dismissal was an unconstitutional denial of his right to due process. After careful review, we affirm the trial court's judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Walter Jude Dec
The defendant, Walter Jude Dec, pled guilty to 41 counts of sexual exploitation of a minor, as follows: 25 counts of possessing in excess of 100 images of a minor, a Class B felony; one count of possession between 50 and 100 images of a minor, a Class C felony; and 15 counts of possessing less than 50 images, a Class D felony. He was sentenced as a violent offender to twelve years for each of the Class B felonies and as a Range I, standard offender to six years for the Class C felony and four years for each of the Class D felonies, with all sentences to be served concurrently. On appeal, the defendant argues that his sentences are excessive and that the trial court erred in not merging the 41 counts into a single count. Following our review, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals |
