State of Tennessee v. Pierre Jackson
The defendant, Pierre Jackson, was convicted by a Shelby County jury of two counts of aggravated vehicular homicide, two counts of leaving the scene of an accident, and one count of driving on a revoked license, third offense, and was sentenced by the trial court to an effective sentence of fifty-two years, five months, and twenty-nine days. State v. Pierre Jackson, No. W2006-02127-CCA-R3-CD, 2008 WL 2053652, at *1 (Tenn. Crim. App. May 12, 2008), perm. to appeal denied (Tenn. Dec. 8, 2008). In the first direct appeal, this court affirmed his convictions and the trial court's order of consecutive sentencing, but remanded for resentencing of the aggravated vehicular homicide convictions because the trial court erroneously applied an enhancement factor that was not found by the jury. Id. Upon resentencing, the trial court imposed the same sentence. The defendant now appeals, arguing that his sentence is "neither fair nor consistent" with those received by other defendants with similar records and equal moral culpability whose drunk driving by chance does not result in anyone's death. Following our review, we affirm the sentences imposed by the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. William Charles Howse
Following a bench trial, Defendant, William C. Howse, was convicted of violating the Sexual Offender Registration, Verification, and Tracking Act of 2004 (the "2004 Act"), a Class E felony. The trial court sentenced Defendant as a Range I, standard offender, to one year to be served as ninety days in confinement and the remainder on probation. On appeal, Defendant argues that (1) the trial court erred in finding that he knowingly violated the provisions of the 2004 Act, and (2) the 2004 Act violates his right to equal protection under the Fourteenth Amendment to the United States Constitution. After a thorough review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Lisa Wiggins
The defendant, Lisa Wiggins, pled guilty to facilitation of burglary, a Class E felony, and facilitation of theft, a Class A misdemeanor. The trial court sentenced her to an effective sentence of one year of probation and ordered her to pay $4,874 in restitution. On appeal, the defendant argues that the state presented insufficient proof at the restitution hearing of the amount of restitution, and the trial court did not consider the defendant's financial resources and ability to pay. Following our review, we reverse the trial court's order and remand the matter for consideration of the amount of restitution, the defendant's financial resources, and her ability to pay. |
Lauderdale | Court of Criminal Appeals | |
Earnest Banks v. State of Tennessee
The petitioner, Earnest Banks, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief. The petitioner pled guilty to burglarizing a motor vehicle and was sentenced, as a Range II offender, to a term of three years in the Department of Correction. On appeal, the petitioner contends that his guilty plea was not knowingly and voluntarily entered due to the ineffective assistance of counsel. Specifically, he contends that trial counsel placed him in “an untenable position of mounting no defense . . . or waiving his privilege against self-incrimination,” based upon trial counsel’s refusal to cross-examine witnesses regarding an unidentified third party. Following review of the record, we affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
Uvautai Brooks v. State of Tennessee
A Shelby County jury convicted the petitioner, Uvautai Brooks, of one count of aggravated robbery and three counts of facilitation of aggravated robbery. The trial court sentenced the petitioner, as a Standard Range I Offender, to serve an effective ten-year sentence in the Tennessee Department of Correction. The petitioner filed for post-conviction relief alleging the ineffective assistance of counsel. The post-conviction court denied the petitioner’s claim, and the petitioner appeals the decision of the court. After reviewing the record, the parties’ briefs, and the applicable law, we affirm the decision of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Travis A. Bledsoe v. State of Tennessee
The petitioner, Travis A. Bledsoe, appeals the trial court’s denial of his petition for postconviction relief. The state has filed a motion requesting that this court affirm the trial court’s denial of relief pursuant to Rule 20, Rules of the 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 lower court. |
Shelby | Court of Criminal Appeals | |
Dorman O'Neal Elmore, Jr. v. State of Tennessee
A Cumberland County jury convicted the petitioner, Dorman O'Neal Elmore, Jr., of five counts of rape, Class B felonies. The trial court sentenced the petitioner to an effective sentence of twenty-two years in the Tennessee Department of Correction. The petitioner pursued a delayed appeal pursuant to the Post-Conviction Procedure Act, and this court affirmed his convictions and sentences. In his post-conviction petition, the petitioner alleges that he received ineffective assistance of counsel at trial. Specifically, the petitioner argues that trial counsel's failure to file various pre-trial motions, to properly prepare and investigate the case, and to investigate the victim's background constituted deficient performance and prejudiced the defense. The post-conviction court denied relief. Following our review, we affirm the judgment of the post-conviction court. |
Cumberland | Court of Criminal Appeals | |
State of Tennessee v. Joey Lee Goins
A Sullivan County jury convicted the defendant, Joey Lee Goins, of facilitation of second degree murder and especially aggravated robbery. The defendant appeals, claiming that the trial court erred in excluding statements of certain witnesses. The defendant also appeals the court's failure to sequester the jury in light of the media coverage of the trial. Lastly, the defendant argues that the court erred in imposing the defendant's sentences consecutively to each other and to his unrelated federal sentence of life without parole. Discerning no error, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Charles Mandel Moss, Alias Charles Mandell, Alias Pookie Doo
The Defendant, Charles Mandel Moss, alias Charles Mandell, alias Pookie Doo, was convicted of violation of the motor vehicle habitual offenders act, a Class E felony; possession of marijuana, a Class A misdemeanor; evading arrest, a Class A misdemeanor; violation of the seatbelt law, a Class C misdemeanor; and violation of the open container law, a Class C misdemeanor. The Defendant was sentenced to serve four years for violation of the motor vehicle habitual offenders act, eleven months and twenty-nine days each for possession of marijuana and evading arrest, and thirty days each for violation of the open container law and violation of the seatbelt law. The court imposed partially consecutive sentences that resulted in an effective sentence of four years, eleven months, and twenty-nine days. The Defendant appeals, arguing that (1) the convicting evidence is insufficient to support the conviction for violation of the motor vehicle habitual offenders act, and (2) the trial court erred in admitting evidence related to the Defendant's previous arrests. We affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Ricky Frith
The defendant, Ricky Frith, was convicted by a Tipton County Circuit Court jury of burglary of a vehicle, a Class E felony, and was sentenced by the trial court as a career offender to six years in the Department of Correction. The sole issue the defendant raises on appeal is whether the evidence was sufficient to sustain his conviction. Following our review, we affirm the judgment of the trial court. |
Tipton | Court of Criminal Appeals | |
Timothy Hutson v. State of Tennessee
In June 2005, a Shelby County jury convicted the petitioner, Timothy Hutson, of first degree murder, and he received a life sentence. The petitioner filed for post-conviction relief, arguing that his trial counsel provided ineffective assistance. Specifically, the petitioner alleges that trial counsel failed to provide timely information about a plea agreement, failed to develop a working relationship with the petitioner, and advised the petitioner to wear jail clothes rather than civilian clothes during the trial. The post-conviction court denied relief. Following our review, we affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Rashad G. Robinson
.A Madison County jury convicted the defendant, Rashad G. Robinson, of possession of contraband in a penal institution, a Class C felony, two counts of misdemeanor assault, Class A misdemeanors, and vandalism under $500, a Class A misdemeanor. The trial court sentenced the defendant to six years in the Tennessee Department of Correction for the felony conviction and eleven months, twenty-nine days in the county jail for each of the misdemeanor convictions. The court ordered the defendant to serve the sentences consecutively to each other and to case number 07-372. On appeal, the defendant challenges the trial court’s jury instructions. Following our review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
Tony Scott Walker v. State of Tennessee
The pro se petitioner, Tony Scott Walker, appeals the dismissal of his petition for writ of error coram nobis, arguing that due process considerations should toll the statute of limitations and that he is entitled to error coram nobis relief on the basis of his discovery that one of the State's witnesses may have fabricated or falsified evidence at his trial. Following our review, we affirm the dismissal of the petition. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. James Carlos Ward
The defendant, James Carlos Ward, appeals from his Davidson County Criminal Court jury convictions of two counts of especially aggravated kidnapping, see T.C.A. _ 39-13-305, and two counts of aggravated robbery, see id. _ 39-13-402. The defendant received an effective sentence of 45 years to serve in the Department of Correction as a Range II offender. On appeal, the defendant claims:(1) the trial court erred in denying the defendant's pretrial motion to suppress a victim's identification of the defendant; (2) the evidence was insufficient to support two verdicts of guilty of aggravated robbery and two verdicts of guilty of especially aggravated kidnapping; (3) the especially aggravated kidnapping convictions violate principles of due process; (4) the trial court erred on principles of double jeopardy in imposing two convictions of aggravated robbery; and(5) the trial court erred in finding the defendant to be a Range II offender, in imposing excessive sentences, and in consecutively aligning some of the sentences. Following our review, we modify one conviction of aggravated robbery to aggravated assault, affirm the remainder of the convictions, and remand for resentencing. |
Davidson | Court of Criminal Appeals | |
Phedrek T. Davis v. State of Tennessee
The Petitioner, Phedreck T. Davis, appeals the Davidson County Criminal Court's denial of his petition for post-conviction relief challenging his convictions for first degree murder, attempted second degree murder, and assault, for which he received an effective sentence of life imprisonment plus fifteen years. See State v. Phedrek T. Davis, No. M2006-00198-CCA-R3-CD, Davidson County, slip op. (Tenn. Crim. App. July 19, 2007), aff'd, 266S.W.3d 896 (Tenn. 2008), cert. denied, ___ U.S. ___, 129 S. Ct. 2790 (2009). He claims that newly discovered evidence proves that the State solicited damaging perjury during his initial trial, thereby violating his constitutional rights. The trial court dismissed his claim as having been previously determined. See T.C.A. _ 40-30-106(f). We affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Andre Alexander Smith
The Defendant, Andre Alexander Smith, was tried before a jury on an indictment charging one count of first degree felony murder. He was found guilty of one count of the lesser-included offense of voluntary manslaughter. In this appeal, the Defendant contends that (1) the trial court erred in upholding the State's use of peremptory challenges under Batson v. Kentucky, 476 U.S. 79 (1986); (2) the State presented evidence insufficient to convict him of voluntary manslaughter; and (3) the trial court erred in overruling his objection to certain portions of the State's closing argument. After our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Darius L. Brown
The Defendant-Appellant, Darius L. Brown, entered eleven guilty pleas in five different cases in the Sullivan County Criminal Court. He received an effective nine-year sentence at thirty percent pursuant to his plea agreement, with the manner of service of his sentence to be determined by the trial court. On appeal, Brown argues that the trial court abused its discretion by denying an alternative sentence. Upon review, we affirm the trial court's judgments. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Ross Jackson
The defendant, Kenneth Ross Jackson, appeals the denial of judicial diversion from the Hamilton County Criminal Court. He entered pleas of guilty to theft of property in excess of $1000, a Class D felony; filing a false report to a law enforcement officer, a Class D felony; and theft of property under $500, a Class A misdemeanor. He was sentenced as a Range I offender to concurrent terms of two years, suspended to supervised probation for both Class D felony convictions. He was sentenced to a concurrent term of eleven months and twenty-nine days on unsupervised probation for the Class A misdemeanor. On appeal, the defendant contends that he was improperly denied judicial diversion. After careful review, we affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
Author Ray Turner v. David Mills, Warden and the State of Tennessee
The petitioner, Author Ray Turner, claims that the habeas corpus court erred in summarily dismissing his petition for writ for habeas corpus relief. The petition claims that his sentence is illegal because his release eligibility of 30 percent violates statutory law requiring that he served 100 percent of his sentence as a "multiple rapist." See T.C.A. _ 39-13-523 (Supp.1994). We agree that the defendant's aggravated rape sentences are illegal and that the habeas corpus court erred in summarily dismissing his claim. We remand to the Morgan County Circuit Court for appointment of counsel and a hearing to determine the proper remedy. |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. Steve Fredrick Rickett
The Defendant, Steve Fredrick Rickett, appeals his conviction by a jury in the Knox County Criminal Court for second degree murder for which he was sentenced as a Range I, violent offender to sixteen years in the Department of Correction. The Defendant contends the following: (1) the evidence was insufficient to support his conviction, (2) the trial court erred in allowing expert witness testimony because the Defendant received inadequate notice of the scope of the expert's testimony and in not granting a continuance, (3) the trial court erred in allowing the county medical examiner to testify to the effects of alcohol and narcotics on the victim, (4) the trial court erred in failing to grant the Defendant's motion for a continuance to allow a defense expert additional time to test the shirt the victim was wearing when she was shot, (5) the trial court erred in allowing into evidence the Defendant's statements to police, (6) the trial court erred in allowing the State to amend the toxicology report during the trial, and (7) the trial court erred in failing to respond properly to the jury's questions requesting a definition of heat of passion and whether "voluntary intoxication" constituted "heat of passion." We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Ross Jackson
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Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Ket T. Voun
The Defendant, Ket T. Voun, a Cambodian native, was convicted, upon his guilty pleas, of aggravated robbery and facilitation of second degree murder. Following a sentencing hearing, the Davidson County Criminal Court ordered him to serve his eight-year sentence for facilitation of second degree murder in total confinement. He now appeals, arguing that, due to his likely deportation for these crimes, a probationary sentence was warranted. After a review of the record, we affirm the sentencing decision of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Charles Williams
The Defendant, Charles Williams, was convicted by a Shelby County Criminal Court jury of first degree felony murder and especially aggravated robbery, a Class A felony. Following a sentencing hearing, the trial court sentenced the Defendant as a Range I standard offender to consecutive sentences of life and fifteen years for the felony murder and especially aggravated robbery convictions, respectively. In this appeal as of right, the Defendant contends that (1) the trial court erred in denying his motion to suppress evidence; (2) the trial court erred in denying his motion for judgment of acquittal based on the constructive amendment of the indictment in his case; and (3) the evidence was insufficient to support his convictions. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Gary Vincent Elmore
The Davidson County Grand Jury indicted Appellant, Gary Vincent Elmore, for one count of statutory rape. Appellant entered a best interest plea to the offense as charged with the provision that he would serve a sentence of one year on probation and that the trial court would hold a hearing to consider his eligibility for judicial diversion. At the hearing, Appellant testified that he had previously been convicted of driving under the influence ("DUI") in Kentucky. His testimony was the only evidence regarding this conviction. Appellant argued that the DUI conviction would be considered a Class C misdemeanor, while the State argued that it should be considered a Class A misdemeanor. A previous Class A misdemeanor would disqualify Appellant from being eligible for judicial diversion. At the conclusion of the hearing, the trial court determined that he was not eligible for judicial diversion because the prior DUI conviction from Kentucky would be considered a Class A misdemeanor in Tennessee. Appellant now appeals the trial court's denial of judicial diversion. We conclude that Appellant's testimony regarding the prior DUI conviction was sufficient proof and that the trial court correctly based its determination of the classification of the Kentucky offense on the elements of the offense as opposed to the accompanying sentence. Therefore, we affirm the trial court's denial of judicial diversion. |
Davidson | Court of Criminal Appeals | |
Ronald Dotson v. State of Tennessee
The petitioner, Ronald Dotson, appeals the denial of post-conviction relief by the Shelby County Criminal Court. The petitioner was convicted of two counts of aggravated robbery, a Class B felony. As a repeat violent offender, the petitioner received consecutive sentences of life without parole. These sentences were ordered to be served consecutively to another unrelated set of aggravated robberies for which the petitioner was sentenced to life without parole. In this appeal, the petitioner claims that his due process rights were violated by the trial court’s failure to grant a continuance and failure to grant a mistrial. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals |
