State of Tennessee v. Janice Burnette - Concurring
David G. Hayes, Judge, separate concurring. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Janice Burnette
The defendant, Janice Burnette, was convicted of theft of property valued between $1,000 and $10,000, and was sentenced to three years, suspended after service of thirty days with the balance on probation. On appeal, she argues that: (1) there was a material and highly prejudicial variance between the indictment and the evidence presented at trial; (2) there was a material variance between the indictment and the jury charge; (3) the trial court erred in denying her request that the jury be instructed she was indicted for theft of pseudoephedrine not general merchandise; (4) the charge given to the jury was insufficient; (5) the indictment was flawed and the trial court cured it by giving the jury the general theft charge; (6) she was denied her 6th Amendment right to face her accusers and be adequately prepared to defend herself against the charge of theft of general merchandise; (7) the state did not meet its burden of proof as to theft of pseudoephedrine products; and (8) the state’s closing argument was improper. After our review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
Homer T. Rivers v. State of Tennessee
The petitioner, Homer T. Rivers, appeals from the Hardeman County Circuit Court’s dismissal of his post-conviction petition. He claims that the trial court erred in dismissing his petition for failure to state a colorable claim and seeks appointment of counsel and an evidentiary hearing. The state agrees that the trial court should not have dismissed the petition. We agree and reverse the dismissal and remand the case for further proceedings. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Trisha Plemmons
Blount County- The Defendant, Trisha Plemmons, appeals the revocation of her community corrections sentence. Finding no error on the part of the trial court, we affirm. |
Blount | Court of Criminal Appeals | |
Ronald Ian Quimby v. State of Tennessee
The petitioner, Ronald Ian Quimby, was found guilty of incest (Class C felony) by a Giles County jury on November 12, 2003. On November 12, 2004, he agreed to a five-year sentence in the Department of Correction as a Range I, standard offender. On that day, the petitioner also pled guilty to five additional charges of incest, each carrying a five-year sentence, to be served consecutively for a total effective sentence of thirty years. On appeal, the petitioner contends that trial counsel was ineffective and argues that: (1) he did not knowingly, voluntarily, or intelligently waive his right to appeal his conviction; (2) counsel was not adequately prepared for trial; and (3) counsel failed to advise him regarding sentencing. After careful review, we conclude that counsel rendered effective assistance, and we affirm the judgment of the post-conviction court. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. Roseanne K. Ward and Jerry W. Ward
This appeal arises from the Benton County Circuit Court’s continued denial of pretrial diversion notwithstanding approval by the District Attorney General and previous reversal by this Court. This is the second interlocutory appeal in this matter. Upon due consideration of the record and the parties’ briefs, we reverse the circuit court’s judgment and remand for entry of an order approving the pretrial diversion agreement between the prosecutor and the defendants. |
Benton | Court of Criminal Appeals | |
Marcus Deangelo Lee A/K/A Marcus Jones v. State of Tennessee
The Petitioner, Marcus Deangelo Lee aka Marcus Jones, appeals the trial court's denial of his petition for coram nobis 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 | |
John E. Lynch v. Tony Parker, Warden
The Petitioner, John E. Lynch, appeals the lower court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to assert a ground that would entitle him to habeas corpus relief. Accordingly, we affirm the trial court's dismissal. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Anthony Tyrone Robertson
The Defendant, Anthony Tyrone Robertson, appeals from the order of the Montgomery County Circuit Court revoking his probation. In July of 2000, the Defendant pled guilty to sexual battery and received a six-year sentence as a Range III, persistent offender. The sentence was suspended following service of one year in the county jail, and the Defendant was placed on probation. On July 16, 2004, a warrant was issued, wherein it was alleged that the Defendant violated the conditions of his probation. The warrant was twice amended to include additional violations. After a hearing, the trial court concluded that the Defendant violated the conditions of his probationary sentence and ordered that his original six-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. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Leah Joy Ward
The defendant, Leah Joy Ward, was found guilty by a jury of first degree premeditated murder. She was sentenced to life imprisonment. The only issue presented on appeal is whether the evidence supports the element of premeditation. After review, we conclude the evidence was sufficient and affirm the conviction. |
Shelby | Court of Criminal Appeals | |
Guillermo Matias Juan v. Virginia Lewis, Warden and State of Tennessee
The petitioner, Guillermo Matias Juan, pled guilty in the Hamilton County Criminal Court to second degree murder and received a sentence of sixty years incarceration in the Tennessee Departmentof Correction. Thereafter, the petitioner filed a petition for habeas corpus relief, alleging that his sentence was void because he did not have the requisite criminal history to qualify as a persistent offender. The habeas corpus court denied the petition, and the petitioner appeals. Upon review of the record and the parties’ briefs, we affirm the judgment of the habeas corpus court. |
Bledsoe | Court of Criminal Appeals | |
State of Tennessee v. Alton Tappan
A Shelby County jury convicted the defendant, Alton Tappan, of aggravated burglary and theft of property valued at $1,000 or more but less than $10,000. The trial court imposed an effective incarcerative sentence of 14 years. On appeal, the defendant challenges the sufficiency of the convicting evidence and complains that his sentence is excessive because the State failed to prove an offender range above Range I. Our review assures us that the evidence is sufficient and that the defendant was properly sentenced. We therefore affirm the convictions and sentence. |
Shelby | Court of Criminal Appeals | |
Steven Lamont Anderson v. Glen Turner, Warden, State of Tennessee
The petitioner, Steven L. Anderson, appeals from the summary dismissal of his pro se petition for writ of habeas corpus. On appeal, he contends: the trial court did not follow the proper procedures for processing his petition for writ of habeas corpus; the court improperly dismissed his petition; and his right against double jeopardy was violated. After careful review, we conclude that no error exists and affirm the dismissal of the petition. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Savalas O. McNeal
The defendant, Savalas O. McNeal, was convicted by a Madison County jury of possession of cocaine with the intent to sell and deliver and received a ten-year sentence to the Department of Correction as a Range II, multiple offender. On appeal, the defendant contends that the evidence was insufficient to support his conviction. We conclude that the evidence was sufficient, and we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Ulysses Richardson v. State of Tennessee
The Petitioner, Ulysses Richardson , appeals the trial court's denial of his petition for post-conviction 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. The petition for post-conviction relief fails as it is a second such petition and as it is barred by the statute of limitations. The petition similarly fails if considered as a petition for habeas corpus relief, a motion to reopen a petition for post-conviction relief or a petition for writ of error coram nobis. Accordingly, we grant the State's motion and affirm the judgment of the lower court. |
Shelby | Court of Criminal Appeals | |
Thomas M. Powell v. Glen Turner, Warden
The Petitioner, Thomas M. Powell, appeals the lower court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to assert a ground that would entitle him to habeas corpus relief. Accordingly, we affirm the trial court's dismissal. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. William T. Utley
The Appellant, William T. Utley, was convicted by a Chester County jury of the Class D felonies of burglary and theft of property over $1000. Following a sentencing hearing, the trial court imposed concurrent four-year sentences of incarceration for each conviction. On appeal, Utley has raised three issues for our review: (1) whether the evidence is sufficient to support the convictions; (2) whether the trial court erred by failing to instruct the jury on voluntary intoxication; and (3) whether the court erred in denying alternative sentencing. Following review of the record, we find no error and affirm the judgments of conviction and resulting sentences. |
Chester | Court of Criminal Appeals | |
Kim McGill v. State of Tennessee
The Appellant, Kim McGill, appeals the Shelby County Criminal Court’s denial of her petition for post-conviction relief. McGill pled guilty to aggravated robbery and received a sentence of 7.2 years, as a mitigated offender, to be served in the Department of Correction. On appeal, she asserts that trial counsel was ineffective for failing to advise her of the right to request recusal of the trial judge based upon the judge’s comments to the Appellant following her request to obtain private counsel. Following review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
Christopher Lovin v. State of Tennessee
The petitioner, Christopher Lovin, was convicted of felony murder in the perpetration of aggravated child abuse and sentenced to life imprisonment. His conviction and sentence were upheld on direct appeal. Subsequently, he filed a petition for post-conviction relief, alleging that trial counsel was ineffective. After an evidentiary hearing, the post-conviction court dismissed the petition, and the petitioner timely appealed. Following our review, we affirm the dismissal. |
Claiborne | Court of Criminal Appeals | |
State of Tennessee v. Herbert Cope
The defendant, Herbert Cope, was convicted by an Overton County Criminal Court jury of sale of a Schedule II controlled substance (morphine), a Class C felony, and was sentenced by the trial court as a Range II offender to nine years in the Department of Correction. On appeal, he argues that the trial court imposed an excessive sentence by failing to apply applicable mitigating factors and erroneously applying an inapplicable enhancement factor. Following our review, we affirm the judgment of the trial court. |
Overton | Court of Criminal Appeals | |
State of Tennessee v. Delshaun Epps
The appellant, Delshaun Epps, was indicted for especially aggravated robbery and felony murder. After a jury trial, the appellant was convicted of especially aggravated robbery and reckless homicide. The appellant was subsequently sentenced to twenty-four years for the robbery conviction and four years on the homicide conviction. The trial court ordered the appellant to serve the sentences consecutively, for a total effective sentence of twenty-eight years. After the denial of a motion for new trial, the appellant pursued this appeal. On appeal, the appellant challenges the sufficiency of the evidence and his sentence. For the following reasons, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Rick Braden - Concurring
I join with my colleagues in concluding that reversal of both convictions is necessary. I write separately to note, in basic terms, my reasons for so concluding. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Rick Braden
The defendant, Rick Braden, was convicted by a Shelby County jury of two counts of aggravated robbery, and he received concurrent nine-year sentences. On appeal, he argues that (1) the trial court erred in not allowing him to introduce the guilty pleas of two named co-defendants, (2) the evidence is insufficient to sustain his convictions, and (3) the trial court erred in failing to instruct the jury on the lesser-included offense of facilitation. Following our review of the record and the parties’ briefs, we conclude that the trial court erred in failing to charge the lesser-included offense of facilitation, and therefore, reverse the judgments of the trial court and remand for a new trial. |
Shelby | Court of Criminal Appeals | |
Dickey L. Cotton v. David Mills, Warden (State of Tennessee)
This case is before us after remand by the Tennessee Supreme Court for reconsideration in light of its holdings in Summers v. State, 212 S.W.3d 251 (Tenn. 2007); Smith v. Lewis, 202 S.W.3d 124 (Tenn. 2006); and Shaun Hoover v. State, 215 S.W.3rd 776 (Tenn. Jan. 23, 2007). The petitioner, Dickey L. Cotton, appeals the circuit court’s summary dismissal of his pro se petition for writ of habeas corpus. Upon reconsideration, we affirm the court’s dismissal of the habeas corpus petition. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Mohamed Medhet Karim
In November 2004, the defendant, Mohamed Medhet Karim, was indicted by a Wayne County grand jury on one count of attempted first degree murder. On August 31, 2005, following a jury trial in Wayne County Circuit Court, the jury convicted the defendant of attempted second degree murder and imposed a fine of $10,000. Following a sentencing hearing on October 13, 2005, the trial court sentenced the defendant to twelve years of incarceration as a Range I, standard offender, the maximum sentence allowed under the statute. The defendant timely filed a motion for a new trial on November 1, 2005; this motion was denied on January 4, 2006. The defendant now appeals, claiming his sentence was excessive. In making his claim, the defendant argues that two of the enhancement factors provided in Tennessee Code Annotated section 40-35-114 were improperly applied to his sentence. Concluding that application of the two enhancement factors which the defendant does not challenge is sufficient to support the twelve-year sentence imposed by the trial court, we affirm the judgment of the trial court. |
Wayne | Court of Criminal Appeals |
