Jon Lee Fields v. State of Tennessee
On March 28, 2007, the petitioner pled guilty in the Tipton County Circuit Court to initiation of the manufacture of methamphetamine and was sentenced to twelve years to be served concurrently with a sentence imposed in Lauderdale County. On July 9, 2007, he filed a petition for post-conviction relief, claiming that he had not been afforded a hearing on his request for alternative sentencing, as he was told he would have. Following an evidentiary hearing, the post-conviction court found that the petition was without merit. After our review, we affirm the dismissal of the petition. |
Tipton | Court of Criminal Appeals | |
Jason Settles v. State of Tennessee
The petitioner, Jason Settles,1 pled guilty in the Shelby County Criminal Court to attempted first degree murder, aggravated burglary, aggravated robbery, and two counts of aggravated assault. He received a total effective sentence of 13.5 years in the Tennessee Department of Correction. Subsequently, he filed a petition for post-conviction relief which the post-conviction court summarily dismissed for failure to state a claim upon which post-conviction relief could be granted. After the petition was dismissed, the petitioner filed a “Motion for Reconsideration to Re-Open Post Conviction Petition.” The post-conviction court denied the motion. On appeal, the petitioner challenges the dismissal of both his original petition and his motion to amend or reopen his postconviction petition. Upon our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Allen Jean Stephens v. State of Tennessee
The Petitioner, Allen Jean Stephens, appeals the trial court’s denial of his petition for habeas corpus 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. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Anthony Poole
A Shelby County jury convicted the appellant, Anthony Poole, of second degree murder, and the trial court sentenced the appellant to twenty-four years in the Tennessee Department of Correction. This appeal followed, with the appellant arguing that the trial court erred by (1) failing to instruct the jury to disregard a hearsay statement by the victim; (2) excluding the testimony of a mental health expert; (3) giving a sequential, “acquittal-first” instruction to the jury; and (4) imposing a twenty-four-year sentence in contravention of Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004). Upon review, we modify the appellant’s sentence to nineteen years. In all other respects, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Patrick Brown
The defendant, Patrick Brown, was convicted of criminal attempt to commit second degree murder, a Class B felony, and was sentenced to twelve years as a Range I, standard offender. On appeal, he argues that: the evidence was insufficient to support his conviction; the trial court erred in allowing the State to reopen its case in chief; and he was sentenced improperly. After careful review, we affirm the judgment from the trial court. |
Shelby | Court of Criminal Appeals | |
Homer T. Rivers v. State of Tennessee
The petitioner, Homer T. Rivers, appeals from the Hardeman County Circuit Court’s denial of his petition for post-conviction relief from his guilty plea convictions on one count of delivery of a schedule II controlled substance (cocaine), a Class B felony, and one count of simple possession of a Schedule VI controlled substance (marijuana), a Class A misdemeanor. On appeal, the petitioner argues that he received the ineffective assistance of counsel and that counsel’s ineffective assistance rendered his guilty pleas unknowing and involuntary. After reviewing the record, we affirm the judgment of the post-conviction court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Derrick Sorrell
The defendant, Derrick Sorrell, was convicted of one count of first degree premeditated murder and one count of first degree felony murder. The trial court merged the convictions, and this appeal followed. On appeal, the defendant argues that the evidence was insufficient to support his convictions, that the indictment was improper, that the trial court improperly admitted evidence, and that the trial court did not adequately instruct the jury. After careful review, we conclude no reversible error exists and affirm the judgments from the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Tony Wolfe
The defendant, Tony Wolfe, was convicted of first degree premeditated murder. On appeal, he argues that: 1) the trial court was prejudiced against defense counsel during the course of the trial; 2) the trial court abused its discretion by conducting trial during the evening; 3) the assistant district attorney general intentionally distracted trial counsel during the course of the trial; 4) the jury did not see all the exhibits presented during trial; 5) the assistant district attorney general manipulated the slide projector during trial; 6) the trial court erred by not allowing the defendant to remove his clothing and show his scars from injuries sustained in a 1997 shooting; and 7) the trial court abused its discretion in denying his motion for the jury to visit the crime scene. After careful review, we conclude that no reversible error exists and affirm the judgment from the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Larry Carnell Pittman
In February 2006, the Madison County Grand Jury indicted the defendant, Larry Carnell Pittman, on one count of especially aggravated kidnapping, a Class A felony, one count of aggravated robbery, a Class B felony, and one count of conspiracy to commit aggravated robbery, a Class C felony. Following a jury trial, the defendant was convicted of all three counts of the indictment. The trial court sentenced the defendant to thirty-eight years as a Range II, violent offender for his especially aggravated kidnapping conviction, nineteen years as a Range II, multiple offender for the aggravated robbery conviction, and nine years as a Range II, multiple offender for the conspiracy to commit aggravated robbery conviction. The trial court ordered that all sentences be served consecutively. On appeal, the defendant argues that: (1) the trial court erred by failing to grant his motion to suppress evidence; (2) the trial court erred by failing to grant his motion for a continuance; (3) the evidence produced at trial was insufficient to support his convictions; and (4) the trial court imposed excessive sentences. After reviewing the record, we discern no error and affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Thomas Lamont Coleman
The defendant, Thomas Lamont Coleman, was found guilty following a bench trial of violating the implied consent law. He appeals, arguing that the trial court erred in finding him guilty absent a showing by the State that the breathalyzer test was administered in accordance with the standards set forth in State v. Sensing, 843 S.W.2d 412 (Tenn. 1992). After review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Johnny Justin Postles v. State of Tennessee
The petitioner, Johnny Justin Postles, appeals from the post-conviction court’s denial of post-conviction relief as it relates to the petitioner’s convictions for aggravated criminal trespass and assault in case assignment 04-720, and aggravated assault, aggravated burglary, and theft under $500 in case assignment 04-721. On appeal, he contends that the post-conviction court erred in denying relief based on his claim of ineffective assistance of counsel. Following our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court denying post-conviction relief. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. David Mark McDade
The defendant, David Mark McDade, pled guilty to one count of aggravated assault, a Class C felony, and was sentenced to four years in the Department of Correction as a Range I, standard offender. The defendant appeals, arguing that the trial court erred in denying the defendant full probation and ordering him to serve his sentence in confinement. After reviewing the record, we conclude that the trial court properly sentenced the defendant and affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Mark Anthony Buntley
The defendant, Mark Anthony Buntley, was convicted by a jury of bribing a witness, a Class C felony. For his conviction, the defendant was sentenced to nine years in the Tennessee Department of Correction. On appeal, the defendant raises the following issues: (1) whether the evidence was sufficient to sustain his conviction; and (2) whether the trial court imposed an excessive sentence. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Toneka Y. Reid
The defendant, Toneka Y. Reid, appeals as of right from her jury conviction in the Williamson County Circuit Court of theft of property valued at five hundred dollars or less, a Class A misdemeanor. The trial court sentenced the defendant to eleven months and twenty-nine days to be served in jail. The defendant contends that the trial court erred in denying her motion to suppress and in denying probation or alternative sentencing. Following our review, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Byron Lebron Roshell - Dissenting
I respectfully dissent from the majority opinion’s conclusion that proof of prior drug sales by the defendant was properly admitted. I conclude that this proof was prejudicial and essentially irrelevant to the issues in the trial. I would reverse the judgment of conviction and grant a new trial. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Byron Lebron Roshell
Defendant-Appellant, Byron Lebron Roshell, appeals his conviction by a Davidson County jury of the sale of less than .5 grams of cocaine, a Class C felony. See T.C.A. § 39-17-417 (2006). He argues that (1) the trial court erred in admitting a former co-defendant’s testimony that he had bought drugs from Roshell in the past and (2) the evidence was insufficient to support his conviction. We affirm the trial court’s judgment. |
Davidson | Court of Criminal Appeals | |
Corey Moten v. State of Tennessee
The petitioner, Corey Moten, appeals the post-conviction court’s denial of his petition for post-conviction relief. On appeal, he argues that he received the ineffective assistance of counsel. Specifically, he argues that his trial counsel was ineffective in failing to challenge the suppression of his statement on the grounds that it was involuntarily given. After a thorough review of the record and the parties’ briefs, the judgment of the post-conviction court denying post-conviction relief is affirmed. |
Shelby | Court of Criminal Appeals | |
Kassy Janikowski v. Dwight Barbee, Warden (State of Tennessee)
The petitioner, Kassy Janikowski, appeals the Shelby County Criminal Court order dismissing her petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the order pursuant to Rule 20, Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Anthony Bufford
The defendant, Anthony Bufford, pled guilty in October 2005 to driving after being declared a habitual motor vehicle offender, a Class E felony; simple possession of marijuana, a Class A misdemeanor; and violating the seat belt law, a Class C misdemeanor. For the Class E felony, he was sentenced as a Range II, multiple offender to four years in community corrections with sixty days to be served in jail. For the Class A misdemeanor, he received eleven months, twenty-nine days to be served on probation in the community corrections program. For the Class C misdemeanor, the defendant received thirty days’ incarceration at seventy-five percent. All sentences were to be served concurrently. The trial court revoked the defendant’s community corrections sentence in April 2008 after finding that the defendant failed to remain drug-free. On appeal, the defendant contends the trial court erred in removing him from community corrections and ordering him to serve his sentence in the Department of Correction. We affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Damien Clark
The defendant, Damien Clark, appeals from his conviction by a jury in the Criminal Court for Shelby County for second degree murder, a Class A felony. He was sentenced to twenty years’ confinement as a violent offender. He contends that (1) the evidence was insufficient to support a conviction for second degree murder, (2) the trial court erred in admitting the defendant’s prior robbery conviction as character evidence, (3) the trial court erred in admitting the defendant’s prior robbery conviction when the probative value was outweighed by its prejudicial effect and notice of impeachment was “inadequate and inaccurate,” and (4) the jury instructions requiring the jury to acquit the defendant of second degree murder before examining voluntary manslaughter as a conviction offense deprived the defendant of his constitutional rights to due process and to trial by jury. Although the required procedure was not used to admit the defendant’s prior conviction, we conclude the errors were harmless, and we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Antoni Danta Hix
The Appellant, Carlos Bonding, LLC, appeals the Bedford County Circuit Court’s order granting partial exoneration from the final forfeiture of a $20,000 bond and ordering the company to forfeit $6,000 of the bond. On appeal, Carlos Bonding argues that the trial court, by referencing the concept of treble damages, abused its discretion in its method of calculating the amount to be forfeited. Because the trial court must be afforded broad discretion in a bail forfeiture proceeding, the judgment of the trial court is affirmed. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Kelly Hill
The defendant, Kelly Hill, by means of a Rule 10 interlocutory appeal, seeks review of the Maury County Circuit Court’s ruling that the assistant district attorney general did not abuse his discretion in denying her application for pretrial diversion. Following review of the record, we conclude that the relevant factors were properly considered by the assistant district attorney general and that no abuse of discretion occurred. Accordingly, we affirm the trial court’s denial of the defendant’s application for diversion. |
Maury | Court of Criminal Appeals | |
Mario Morris v. State of Tennessee
The defendant was convicted of four counts of aggravated robbery, which were merged into two counts, and one count of especially aggravated kidnapping. He was sentenced to ten years for each of the aggravated robbery convictions and twenty years for the especially aggravated kidnapping conviction, with all sentences to run consecutively. On appeal, this court found that the evidence was sufficient to sustain the convictions and that the record supported that the sentences be served consecutively. However, the matter was remanded to the trial court for the defendant to be sentenced under the pre-2005 amendments to the 1989 Sentencing Act. Subsequently, the defendant was resentenced to eight years for each of the aggravated robberyconvictions and twenty years for the especially aggravated kidnapping, with all sentences to be served consecutively. He again appealed, arguing that the evidence was insufficient to support the convictions and that the court erred in sentencing. The State asks that this matter be affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals, and, following our review, we affirm the judgments of the trial court pursuant to Rule 20. |
Shelby | Court of Criminal Appeals | |
Brandon Biggerstaff v. Stephen Dotson, Warden
The petitioner, Brandon Biggerstaff, appeals the Hardeman County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the lower court’s denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Because the petitioner has failed to establish that his conviction is void or his sentence illegal, we conclude that the State’s motion is well-taken. Accordingly, we affirm the lower court’s summary dismissal of the petition. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Gregory A. Frye
The Defendant-Appellant, Gregory A. Frye (“Frye”), pled guilty in the Madison County Circuit Court to driving under the influence (“DUI”), third offense, and was sentenced to eleven months, twentynine days in confinement. The sole issue presented for our review is whether the trial court ordering Frye to serve his sentence consecutively to unrelated convictions for which he was currently serving a sentence. Following our review of the record and the applicable authorities, we judgment of the trial court. |
Madison | Court of Criminal Appeals |
