State of Tennessee v. Christopher Brian Knight
The Defendant, Christopher Brian Knight, was convicted of one count of theft over $10,000, a Class C felony. The trial court sentenced him as a Range II, multiple offender to ten years in the Department of Correction. In this direct appeal, he argues that (1) the trial court erred in denying his motion for a continuance; (2) the trial court erred in denying his motion for a mistrial; (3) he was deprived of a fair trial before an impartial judge; (4) the State presented evidence insufficient to convict him; (5) he was prejudiced by the trial court’s failure to confirm that he had personally decided to waive his right to testify; and (6) the trial court improperly sentenced him to the maximum sentence. We conclude that all of these contentions lack merit. We accordingly affirm. |
Jefferson | Court of Criminal Appeals | |
State of Tennessee v. Jerome Emmett Huntley
The defendant, Jerome Emmett Huntley, was convicted of introduction of contraband into a penal institution, a Class C felony, and public intoxication, a Class C misdemeanor. The trial court sentenced the defendant as a Range I, standard offender to concurrent terms of five years, six months and thirty days. On appeal, the defendant argues that the evidence was insufficient to support his conviction for introduction of contraband into a penal institution and that the trial court imposed an excessive sentence. Following our review, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
Anthony J. Fralix v. State of Tennessee
The Appellant appeals the trial court's dismissal of his petition for post conviction relief. The Appellant filed his petition outside the statute of limitations. Accordingly, the judgment of the trial court is affirmed. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Corey Deauntae Tarvin, alias Corey Deante Tarvin, alias Corey Deauntae Brown
The defendant appeals as of right from his Hamilton County jury conviction for first degree premeditated murder, for which he received a life sentence. He contends that the trial court erred by admitting unduly prejudicial autopsy photographs of the victim and that the evidence was insufficient to show that he premeditated the killing. We affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Virgil Samuels
Pursuant to a negotiated plea agreement, the defendant, Virgil Samuels, pled guilty to especially aggravated kidnapping, attempted first degree murder, and aggravated rape. The defendant received a total effective sentence of thirty-five years to be served as a violent offender. Thereafter, the defendant filed a motion to withdraw his guilty plea, alleging that he was coerced by counsel into pleading guilty. The trial court denied the motion, and this appeal followed. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Henry | Court of Criminal Appeals | |
Jason Crawford v. Steven Dotson, Warden
The petitioner, Jason Crawford, appeals the circuit court’s order denying his petition for habeas corpus relief. The state has filed a motion requesting that this court dismiss the appeal as untimely filed or, in the alternative, affirm the circuit court pursuant to Rule 20 of the Tennessee Court of Criminal Appeals. Following our review of the parties’ briefs, the record, and the applicable law, we conclude that the petitioner failed to timely file his notice of appeal and his claims do not warrant consideration in the “interest of justice.” Therefore, his appeal is dismissed. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Jimmy Stuart Mynatt
The defendant, Jimmy Stuart Mynatt, appeals his convictions of first degree felony murder, second degree murder, and especially aggravated robbery. He was sentenced to life plus twenty-five years. On appeal, he contends that: the evidence was insufficient to support his convictions; the trial court should have granted his motion to suppress statements made to the police; and the trial court erred in instructing the jury. After careful review, we affirm the judgments from the trial court. |
Knox | Court of Criminal Appeals | |
Jerry Timberlake v. State of Tennessee
The petitioner, Jerry Timberlake, appeals the post-conviction court’s summary dismissal of his petition for post-conviction relief based on his failure to verify the petition under oath. Following our review, we reverse the judgment of the post-conviction court and remand for further proceedings consistent with this opinion. |
Henderson | Court of Criminal Appeals | |
Cornelius Richmond v. State of Tennessee
The petitioner, Cornelius Richmond, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief. On appeal, the petitioner argues that he received the ineffective assistance of counsel which rendered his guilty pleas involuntary and unknowing. After reviewing the record, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Earice Roberts v. State of Tennessee
The petitioner, Earice Roberts, appeals the denial of his petition for writ of error coram nobis, arguing that the trial court should have granted him relief on the basis of newly discovered evidence that a police officer and witness for the State had committed crimes in her official capacity as manager of the evidence and property room. Following our review, we affirm the order of the trial court denying the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Brian A. Lowman
The defendant, Brian A. Lowman, was denied pretrial diversion by the district attorney general for Hamilton County and requested review of the denial by the trial court. After review, the trial court reversed the denial of pretrial diversion by the district attorney general. The State then appealed the decision of the trial court to this court for review. After careful review, we conclude that the district attorney general did not abuse his discretion in denying pretrial diversion and reverse the decision of the trial court granting pretrial diversion. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Carlos A. Branch and Edward Allen, Jr.
Appellants, Edward Earl Allen, Jr. and Carlos A. Branch, entered best interest guilty pleas in Davidson County to one count of aggravated assault and one count of possession of a weapon on school property after an incident at Vanderbilt University. The plea agreement did not specify the length or manner of service of the sentences but specified that the sentences would run concurrently to each other. After a sentencing hearing, the trial court sentenced Appellants to six years for aggravated assault and two years for possession of a weapon on school property, as Range I Standard Offenders. Appellants seek a review of their sentence on appeal. Because the record supports the sentences and the trial court properly denied alternative sentencing as to Appellant Branch, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Carmi Binkins
Following a jury trial, Defendant, Carmi Binkins, was convicted of two counts of attempted second |
Shelby | Court of Criminal Appeals | |
Almeer K. Nance v. State of Tennessee
The petitioner, Almeer K. Nance, appeals the judgment of the Knox County Criminal court denying post-conviction relief. The petitioner was convicted of felony murder, especially aggravated robbery, two counts of especially aggravated kidnapping, and three counts of aggravated robbery. He subsequently accepted an agreed sentence of life plus twenty-five years in the Department of Correction. On appeal, the petitioner argues that he was denied his Sixth Amendment right to the effective assistance of counsel, specifically arguing that trial counsel was ineffective by: (1) erroneously advising him not to testify at trial, which he asserts effectively deprived him of his constitutional right; and (2) failing to raise the issues of sufficiency of the evidence and severance on direct appeal. After a thorough review of the record before us, the judgment of the post-conviction court is affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. James Peebles
The defendant, James D. Peebles, was convicted by a Rutherford County jury of one count of sale of a Schedule II drug, cocaine, under .5 grams (a Class C felony). Following a sentencing hearing, he was sentenced, as a Range II offender, to a term of ten years in the Department of Correction. On appeal, he raises the single issue of sufficiency of the evidence. Following review of the record, we affirm the judgment of conviction. |
Rutherford | Court of Criminal Appeals | |
John Whatley v. State of Tennessee
The Appellant, John Whatley, appeals the trial court's dismissal of his petition for post-conviction and/or habeas corpus relief. The Appellant previously filed a post-conviction petition which was decided on the merits and the claim presented in the instant petition does not warrant reopening the prior petition. Moreover, the Appellant fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the judgment of the trial court is affirmed. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Kenneth L. Davis
The Defendant, Kenneth L. Davis, was convicted by a Madison County jury of possession of methamphetamine with the intent to sell and/or deliver, possession of unlawful drug paraphernalia, reckless driving, and driving on a canceled, suspended, or revoked license. He received an effective ten-year sentence for these convictions, with said sentence to be served consecutively to a prior sentence. In this appeal, the Defendant argues that the trial court erred by denying his pretrial motion to suppress the evidence discovered during the search of his automobile and that the evidence was insufficient at trial to establish that he possessed the contraband. Finding no error, we affirm the judgments of conviction. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Jim Gerhardt
In October 2005, a Madison County grand jury indicted the defendant, Jim Gerhardt, on one count of child abuse and neglect, a Class A misdemeanor. Following a July 2006 jury trial, the defendant was acquitted of the offense as charged in the indictment but convicted of attempted child abuse and neglect, a Class B misdemeanor. Following a sentencing hearing, the defendant received a six month sentence, with the defendant to serve sixty days in the county jail and the balance of the sentence on probation. As part of the defendant’s probation, the trial court instituted a 8:00 p.m. to 7:30 a.m. curfew, ordered the defendant to have no contact with the victim, and required that the defendant receive counseling. On appeal, the defendant argues that: (1) the evidence produced at trial was insufficient to support his conviction; (2) the trial court erred by failing to require the state to elect offenses; (3) the trial court erred by failing to answer a question posed by the jury during its deliberations; (4) the trial court erred by allowing the prosecuting attorney to ask the defendant and his wife whether a particular witness was lying; (5) the trial court erred by allowing the prosecuting attorney to make improper statements during the state’s closing argument; (6) the trial court improperly denied the defendant the transcript of the sentencing hearing; (7) the trial court imposed an excessive sentence; (8) the defendant received the ineffective assistance of counsel at trial; and (9) the cumulative effect of these and other errors prejudiced him. After reviewing the record, we conclude that the defendant’s issues are without merit and affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Curtis Tate v. State of Tennessee
The Petitioner, Curtis Tate, appeals from the Shelby County Criminal Court’s order denying hispetition for post-conviction relief. The Petitioner was convicted by a jury of second degree murder and, thereafter, sentenced to twenty years in the Department of Correction. On appeal, he argues that the denial of post-conviction relief was error because he did not receive the effective assistance of counsel at trial. He submits that trial counsel failed to call several crucial witnesses to establish his self-defense claim and that trial counsel was impaired during trial because of alcohol use. Following our review of the record and the parties’ briefs, we conclude that the Petitioner has not shown that he is entitled to relief. The judgment of the post-conviction court is affirmed. |
Shelby | Court of Criminal Appeals | |
Fred Zonge v. State of Tennessee
The petitioner, Fred Zonge, appeals the Obion County Circuit Court’s summary dismissal of his petition for post-conviction relief as time-barred. On appeal, the petitioner argues that due process tolled the statute of limitations based upon our supreme court’s holding in State v. Gomez, 239 S.W.3d 733 (Tenn. 2007) (“Gomez II”), which the petitioner claims announced a new rule of constitutional law, and the United States Supreme Court’s holding in Danforth v. Minnesota, ___ U.S. ___, 128 S. Ct. 1029 (2008), which changed the standard for determining if new rules of law were entitled to retroactive application. The State has filed a motion requesting that this court affirm the post-conviction court’s dismissal pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Because the petitioner has failed to establish that the petition was timely filed or that a recognized exception to the rule applies, we grant the State’s motion and affirm the judgment of the Obion County Circuit Court. |
Obion | Court of Criminal Appeals | |
Ricky Northern v. Stephen Dotson, Warden
The petitioner, Ricky Northern, appeals the trial court’s denial of his petition for habeas corpus relief. This is the petitioner’s second attempt to secure habeas corpus relief. The State has filed a motion requesting that this court affirm the trial court pursuant to Rule 20 of the Tennessee Court of Criminal Appeals. After review, we conclude that the petitioner has failed to allege any ground which would render the judgment of conviction void. We grant the State’s motion and affirm the judgment of the trial court in accordance with Rule 20. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Phillip Anthony Farris
The Defendant, Phillip Anthony Farris, pleaded guilty to one count of second degree murder and two counts of aggravated kidnapping. The sentencing court determined that he should serve his aggravated kidnapping sentences concurrently. Those sentences were ordered to be served consecutively to his sentence for second degree murder. The Defendant now appeals the decision to order consecutive sentences. After conducting a de novo review, we affirm the judgment of the sentencing court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Salvador Velazquez Alvarez
The defendant, Salvador Velazquez Alvarez, pled guilty to possession of cocaine with the intent to sell and possession of cocaine with the intent to deliver, Class B felonies, and possession of drug paraphernalia, a Class A misdemeanor. The trial court merged the two possession of cocaine convictions and sentenced the defendant as a Range I, standard offender to an effective sentence of ten years, six months in the Department of Correction. On appeal, he argues that the trial court erred in denying his request for probation or other alternative sentencing. Following our review, we affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Brenda Faye Brewington and Brian Dewayne Brewington
The defendants, Brenda Faye Brewington and Brian Dewayne Brewington, were convicted of two counts of aggravated child neglect, Class A felonies, and two counts of child neglect, Class E felonies. For their convictions, the defendants each received an aggregate sentence of twenty-five years’ imprisonment to be served at 100 percent. On appeal, the defendants raise the following issues: (1) whether the trial court erred in admitting photographs of the victims, and photographs and a videotape of their home; (2) whether the evidence was sufficient to sustain their convictions for aggravated child neglect; and (3) whether the trial court imposed an excessive sentence. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Brittany Ann Kiestler
After a bench trial, the Lauderdale County Circuit Court convicted the appellant, Brittany Ann Kiestler, of two counts of contributing to the delinquency of a minor and ordered her to serve eleven months, twenty-nine days on supervised probation. On appeal, the appellant contends that the evidence is insufficient to support her convictions. Upon review, we affirm the judgments of the trial court. |
Lauderdale | Court of Criminal Appeals |
