State of Tennessee v. Dwayne Hardy
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Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joseph Daniel Drew
The defendant, Joseph Daniel Drew, appeals the Knox County Criminal Court's denial of probation on his 12-year effective sentence for guilty-pleaded convictions of robbery and attempted aggravated robbery. Discerning no reversible error, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Deonray J. Fisk
Following a jury trial, Defendant, Deonray J. Fisk, was found guilty of three counts of attempted second degree murder, a Class B felony, three counts of aggravated assault, a Class C felony, and one count of unlawful possession of a handgun by a convicted felon, a Class E felony. The Trial Court sentenced Defendant as a Range I, standard offender, to eleven years for each attempted murder conviction, six years for each aggravated assault conviction, and two years for the weapons conviction. The trial court ordered Defendant to serve his sentences for attempted murder consecutively. The trial court ordered Defendant to serve his sentences for aggravated assault concurrently with each other and with Defendant's sentence for attempted second degree murder in count one of the indictment. The trial court ordered Defendant to serve his sentence for his weapons conviction consecutively with his conviction for attempted second degree murder in count one and concurrently with the other sentences for an effective sentence of thirty-five years. On appeal, Defendant argues that the trial court erred in determining the length and manner of service of his sentences. After a thorough review, we affirm the trial court's judgments. We conclude, however, that double jeopardy principles require that Defendant's aggravated assault convictions in counts 4, 5, and 6 of the indictment be merged with Defendant's convictions of attempted second degree murder in counts 1, 2, and 3, and we remand for the entry of corrected judgments consistent with this opinion. Defendant's effective sentence of thirty-five years remains unchanged. |
Warren | Court of Criminal Appeals | |
Sarrah Hewlett v. State of Tennessee
Petitioner, Sarrah Hewlett, appeals the trial court's dismissal of her petition for postconviction relief because it is time-barred. On appeal, Petitioner argues that due process considerations require the tolling of the one-year statute of limitations for filing a postconviction petition. After a thorough review, we affirm the judgment of the trial court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Eric Cathey
In December 2006, the Shelby County Grand Jury indicted Appellant, Eric Cathey, for one count of felony first degree murder, one count of aggravated child abuse, and one count of aggravated child neglect. These charges were the result of the death of appellant's two-month-old daughter. At the conclusion of a jury trial, the jury found appellant guilty of all three counts. The trial court held a sentencing hearing and merged the aggravated child neglect conviction into the aggravated child abuse conviction. The trial court imposed a sentence of life with parole for the felony first degree murder and twenty years for the aggravated child abuse. The trial court ordered that these sentences be served concurrently. Appellant now appeals his convictions and sentence arguing that: (1) the trial court erred in overruling his objection to the State's use of its peremptory challenges at jury selection; (2) the evidence was insufficient to support his convictions; (3) the trial court erred in allowing certain photographs into evidence; and (4) the trial court erred by imposing an excessive sentence. After a thorough review of the record, we conclude that appellant's issues do not require reversal. Therefore, the judgments of the trial court are affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ladonte Smith
Petitioner, Ladonte Smith, was convicted by a Davidson County jury of one count of first degree murder and two counts of attempted first degree murder stemming from a drive-by shooting that occurred at a market. State v. Ladonte Montez Smith, M1997-00087-CCA-R3- CD, 1999 WL 1210813, at *1-5 (Tenn. Crim. App., at Nashville, Dec. 17, 1999), perm. app. denied, (Tenn. Oct. 9, 2000). He received a sentence of life with the possibility of parole for the first degree murder conviction and seventeen years for each conviction for attempted first degree murder, to run consecutively to the life sentence. Petitioner subsequently filed a timely pro se petition for post-conviction relief, alleging, among other things, ineffective assistance of counsel. The post-conviction court held a hearing on the petition, after which the petition was denied. Petitioner now appeals. After a thorough review, 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. Terry Lynn Byington
Defendant, Terry Byington, was convicted of DUI, fourth offense, and was sentenced to three years in the Department of Correction as a Range II, multiple offender for this Class E felony, with a minimum of 150 days to be served day for day. On direct appeal, this Court held that he waived all issues presented except for the sentencing issue and a challenge of the sufficiency of the evidence, because the motion for new trial was not timely filed, and was therefor a nullify. See State v. Terry Lynn Byington, No. E2003-02316-CCA-R3-CD, 2004 WL 1606993, (Tenn. Crim. App. at Knoxville, July 19, 1004) perm. app. denied. (Tenn. Dec. 28, 2004). Subsequently, defendant filed a petition for post-conviction relief and, pursuant to T.C.A. _ 40-30-113, a delayed appeal was ordered by the post-conviction court. Upon delayed appeal, this Court dismissed the appeal because the order denying the motion for new trial was not in the record. The Supreme Court granted defendant's application for permission to appeal, and subsequently vacated this Court's judgment and remanded the case to this Court "for review of the issues raised by [Defendant] in his motion for new trial." See State v. Byington, 284 S.W.3d 220, 227 (Tenn. 2009). After review of the issues presented, the briefs of the parties, and the entire record, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
Jonathan Davis v. Jim Morrow, Warden
The Petitioner, Jonathan Davis, appeals from the Bledsoe County Circuit Court's summary dismissal of his petition for habeas corpus relief. The habeas corpus court found that the petitioner failed to state a cognizable claim for relief. Upon review, we affirm the judgment of the habeas corpus court. |
Bledsoe | Court of Criminal Appeals | |
Jevon Bryant v. State of Tennessee
The petitioner, Jevon Bryant, appeals the denial of post-conviction relief. On appeal, he argues that: counsel was ineffective; the trial court erred in denying his request to wear his wedding ring at trial; the prosecution made improper comments during voir dire; his prior felony should not have been stipulated for admission; his relatives were improperly banned from the courtroom; and his right to the Confrontation Clause was violated. After careful review, we affirm the judgment from the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Hugo Mendez
Pursuant to a negotiated plea agreement, the defendant, Hugo Mendez, pled guilty in 2007, to vehicular homicide by intoxication, a Class B felony, and to leaving the scene of an accident causing death, a Class E felony. The agreement provided for sentences of eight years and one year for the respective convictions, to be served concurrently in the Department of Correction. Nonetheless, the record indicates that the defendant remained incarcerated in the Shelby County Jail. Approximately two years later, the defendant filed a pro se petition requesting that he be allowed to serve the balance of the sentence on probation. The trial court issued an order summarily denying the petition without conducting a hearing. On appeal, the defendant contends that the court abused its discretion in denying his request for probation and also challenges findings which he alleges were set forth in the order. Following review of the record before us, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Tony Lee Crowe
The Defendant, Tony Lee Crowe, was convicted by a Putnam County Jury of two counts of rape of a child and two counts of aggravated sexual battery. As a result, he was sentenced to sixteen years incarceration, to be served at 100%. On appeal, he alleges that the trial court improperly denied his motion for new trial based on newly discovered impeachment evidence and recanted testimony. After a review of the record, we affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Matthew Steven Wright
Appellant, Matthew Steven Wright, was indicted by the Marion County Grand Jury for aggravated assault. Appellant pled guilty to the charge and received a sentence of four years. The trial court suspended the sentence to three years and ten months of probation after the service of thirty-five days in incarceration. After the issuance of a probation violation warrant and hearing, the trial court revoked appellant's probation and ordered him to serve his sentence. Appellant seeks a review of the denial of his probation. We determine that the trial court made adequate findings of fact with regard to the denial of probation. Therefore, the judgment of the trial court is affirmed. |
Marion | Court of Criminal Appeals | |
State of Tennessee v. Daniel Henderson Jones
The Defendant, Daniel Henderson Jones, appeals as of right from the Sullivan County Criminal Court's denial of his motions to withdraw guilty pleas and for reduction of sentences following his negotiated guilty pleas in case number S52,468 to one count of aggravated assault, a Class C felony; in case number S53,126 to one count of possession of .5 grams of cocaine for sale, a Class B felony; one count of possession of drug paraphernalia, a Class A misdemeanor; one count of maintaining a dwelling where drugs are sold or used, a Class D felony; and in case number S53,127 to possession of cocaine for sale, a Class C felony. He received a total effective sentence of twenty years as a Range I, standard offender. On appeal, the defendant argues that the trial court erred in denying his motions and that his sentences were imposed absent the trial court making required findings relative to enhancement and mitigating factors. Following our review, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Gary Dewayne Pitts
The Defendant, Gary Dewayne Pitts, appeals from the order of the Davidson County Criminal Court revoking his probation. In January 2009, the defendant pleaded guilty to felony simple possession of cocaine and vandalism over $500 and received an effective three-year sentence as a Range II, multiple offender. His sentence was partially suspended, and he was placed on probation. Subsequently, a violation warrant was issued, wherein it was alleged that the defendant violated his probation by using illegal drugs. After a hearing, the trial court took the matter under advisement so that the defendant could be evaluated for a drug and mental health program. Based upon the results of the assessment evincing an unwillingness on the part of the defendant to abide by the terms of the program, the trial court concluded that the defendant violated the conditions of his probationary sentence and ordered that his original three-year sentence to the Department of Correction be reinstated. On appeal, the defendant argues that the trial court abused its discretion by revoking his probation and ordering that the remainder of his sentence be served in confinement. After a review of the record, the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
Antonio M. Miller v. Joe Easterling, Warden
The Petitioner, Antonio M. Miller, appeals the Hardeman County Circuit Court's summary dismissal of his petition for writ of habeas corpus. On appeal, the Petitioner contends that (1) the trial court did not have jurisdiction to try him as an adult; (2) the prosecutor breached the plea agreement; (3) he was not given a psychological evaluation or a pretrial suppression hearing to challenge his confession; (4) he was not allowed to develop alibi witnesses; and (5) his nineteen-year sentence at one hundred percent is incorrect. We affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
Kevin O. Hooks v. Steven Dotson, Warden
The pro se Petitioner, Kevin O. Hooks, appeals as of right from the Hardeman County Circuit Court's summary dismissal of his petition for a writ of habeas corpus challenging his conviction for first degree felony murder. Following our review, we affirm the judgment of the habeas corpus court. |
Hardeman | Court of Criminal Appeals | |
James Mark Thornton v. State of Tennessee
The petitioner, James Mark Thornton, appeals from the denial of his petition for writ of habeas corpus wherein he challenged his judgments in Cocke County case numbers 6617, 6618, 6820, and 9827. In this appeal, the petitioner claims entitlement to habeas corpus relief on the basis that he received concurrent sentences when consecutive sentences were statutorily required. He also contends that he should be permitted to withdraw his guilty pleas in each of the four cases because the concurrent sentence alignment was a bargained for element of each plea. We agree that the judgment in case number 6820 is void, but because the petitioner has failed to establish that he is restrained of his liberty by virtue of the void judgment, we affirm the denial of habeas corpus relief. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Patricia Howell
A Madison County Circuit Court jury convicted the Defendant, Patricia Howell, of aggravated assault, a Class D felony. The trial court sentenced her to four years incarceration as a Range I, standard offender, suspended to probation after the service of five months. In this appeal as of right, the Defendant contends that the evidence is insufficient to support her conviction because the victim's injury did not constitute serious bodily injury; thus, she should have been convicted of assault. Following our review, we agree with the Defendant and remand the case for entry of a modified judgment. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Curtis Lynn Hearon
The defendant, Curtis Glenn Hearon, appeals from the sentencing judgment of the Blount County Circuit Court. Upon review of the record and the parties' briefs, we affirm the judgment but remand the case for further findings and rulings on the issue of pretrial jail credit. |
Blount | Court of Criminal Appeals | |
Andrew Neal Davis v. State of Tennessee
Petitioner, Andrew Neal Davis, was convicted by a Davidson County Jury of first degree felony murder and aggravated child abuse. State v. Andrew Neal Davis, No. M2002-02375- CCA-R3-CD, 2004 WL 1562544 (Tenn. Crim. App., at Nashville, Jul. 9, 2004), perm. app. denied, (Tenn. Dec. 6, 2004). Petitioner's convictions were affirmed on direct appeal. Id. at *1. Petitioner filed a petition for post-conviction relief primarily on the basis of ineffective assistance of counsel. Petitioner also argued that the trial court committed various constitutional errors during trial. After a hearing on the petition, the post-conviction court denied the petition for relief. Petitioner appealed to this Court. After a review, we conclude that the post-conviction court properly dismissed the petition for post-conviction relief. Consequently, the judgment of the post-conviction court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Sarah Ellen Eatherly
The Defendant, Sarah Ellen Eatherly, pled guilty to vehicular assault and reckless aggravated assault. Following a sentencing hearing, the trial court denied the defendant's request for judicial diversion and sentenced her to an effective sentence of two years, with seven days to be served in confinement and the remainder to be served on probation. The defendant appeals, contending the trial court erred when it denied her request for judicial diversion. After a thorough review of the record and applicable authorities, we affirm the trial court's judgments. |
Davidson | Court of Criminal Appeals | |
Kenneth L. Storey v. State of Tennessee
The Petitioner, Kenneth L. Storey, filed in the Knox County Criminal Court a pro se "Application for Post-Conviction or Habeas Corpus Relief," alleging that his sentence was void because the trial court did not follow the dictates of Blakely v. Washington, 542 U.S. 296 (2004). The post-conviction court dismissed the petition, finding that it was filed outside the statute of limitations. On appeal, the petitioner challenges the post-conviction court's ruling. Upon review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Michael Eugene Wilkerson v. State of Tennessee
A Warren County jury convicted the Petitioner, Michael Eugene Wilkerson, of three counts of the sale of more than .5 grams of cocaine and one count of the casual exchange of marijuana, and the trial court sentenced him as a Range II, multiple offender to an effective sentence of fifty-seven years. On direct appeal, the petitioner challenged the sufficiency of the evidence, and we affirmed the trial court's judgments. State v. Michael Wilkerson, No. M2005-02175-CCA-R3-CD, 2006 WL 2709240, at *1 (Tenn. Crim. App., at Nashville, Sept. 22, 2006), no Tenn. R. App. P. 11 application filed. The petitioner then filed a petition for post-conviction relief in which he alleged that he received the ineffective assistance of counsel and that the State withheld exculpatory evidence. After a hearing, the postconviction court dismissed the petition. After a thorough review of the record and applicable authorities, we affirm the judgment of the post-conviction court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Daniel Patrick Blankenship
The Defendant, Daniel Patrick Blankenship, pled guilty to aggravated burglary, theft over $10,000, and theft over $1,000. The trial court sentenced him to an effective sentence of six years to be served on probation. Soon thereafter, a violation of probation affidavit was filed against the defendant. After a hearing, the trial court revoked the defendant's probation and ordered him to serve his sentence in confinement. The defendant appeals, contending the trial court erred in placing his original sentence into effect. After a thorough review of the record and applicable law, we affirm the trial court's judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael Orlando Freeman
The Defendant, Michael Orlando Freeman, pled guilty to robbery, a Class C felony, in the Criminal Court of Hamilton County with sentencing to be determined by the trial court. The trial court sentenced the defendant as a Range I, standard offender to five years' incarceration. In this appeal as of right, the defendant contends that the trial court erred in its application of enhancement factors to his sentence and in its denial of alternative sentencing. Following our review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals |
