Rohman M. Harper v. State of Tennessee
The Petitioner, Rohman M. Harper, appeals from the Cheatham County Circuit Court’s denial of his petition for post-conviction relief from his aggravated sexual battery conviction and his eight-year sentence. On appeal, the Petitioner contends that the postconviction court erred by denying relief on his ineffective assistance of counsel claim. We affirm the judgment of the |
Cheatham | Court of Criminal Appeals | |
Jerry Lewis Tuttle v. State of Tennessee
The petitioner, Jerry Lewis Tuttle, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial and on appeal. After our review of the record, briefs, and applicable law, we affirm the denial of the petition. |
Maury | Court of Criminal Appeals | |
Christopher Orlando Lyles v. State of Tennessee
The petitioner, Christopher Orlando Lyles, appeals the trial court’s dismissal of his petition for post-conviction relief as time barred, which petition challenged his 2016 convictions of first degree felony murder, second degree murder, especially aggravated kidnapping, attempted aggravated robbery, and aggravated burglary. Discerning no error, we affirm. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Donald Johnson
The Defendant, Donald Johnson, pled guilty to three counts of aggravated sexual battery, a Class B felony, and three counts of rape of a child, a Class A felony. See Tenn. Code Ann. § 39-13-504, -13-522. The trial court imposed a total effective sentence of eighty years. In this appeal as of right, the Defendant contends that the trial court erred in imposing consecutive sentences and that the trial court failed to consider mitigating factors. Following our review, we affirm the judgments of the trial court. |
McNairy | Court of Criminal Appeals | |
Joshua Hill-Williams v. State of Tennessee
Petitioner, Joshua Hill-Williams, was convicted of first degree premeditated murder. His conviction was affirmed on direct appeal. State v. Joshua Hill-Williams, No. W2015-01743-CCA-R3-CD, 2017 WL 1907735, at *8 (Tenn. Crim. App. May 9, 2017), perm. app. denied (Aug. 18, 2017). Petitioner filed a pro se petition for post-conviction relief and an amended petition through counsel, alleging nine claims of ineffective assistance of counsel. The post-conviction court denied relief and Petitioner now appeals. After review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Leavy L. Johnson
Following a bench trial, Defendant, Leavy L. Johnson, was convicted of rape, and the trial court sentenced him to eight years in confinement. On appeal, Defendant argues that the trial court committed plain error by admitting hearsay, that the evidence at trial was insufficient to support his conviction, and that the trial court erred by ordering him to serve his sentence in confinement. After a thorough review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Demontez D. Watkins
The Defendant, Demontez D. Watkins, was convicted by a Davidson County Criminal Court jury of first degree felony murder; two counts of attempted first degree premeditated murder, a Class A felony; second degree murder, a Class A felony; attempted especially aggravated robbery, a Class B felony; and two counts of employing a firearm in the commission of a dangerous felony, a Class C felony. See T.C.A. §§ 39-13-202(a)(2) (2018) (first degree murder), 39-13-210 (2014) (subsequently amended) (second degree murder); 39-13-403 (2018) (especially aggravated robbery); 39-17-1324(b)(1), (2) (2018) (employing a firearm during the commission of a dangerous felony); 39-12-101 (2018) (criminal attempt). The trial court merged the first degree felony murder and second degree murder convictions and imposed an effective sentence of life plus twenty-seven years. On appeal, the Defendant contends that: (1) the evidence is insufficient to support his convictions, (2) the trial court erred in admitting expert testimony regarding probabilistic genotyping regarding DNA evidence, (3) the court erred in denying his motion to suppress his pretrial statement, (4) the court erred in admitting evidence because the chain of custody was not adequately shown, and (5) the court erred in imposing consecutive sentencing. We affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. John Bradford Underwood III
The Defendant, John Bradford Underwood III, was convicted by a Bradley County Criminal Court jury of possession of contraband in a penal facility, a Class D felony. See T.C.A. § 39-16-201 (2018) (subsequently amended).1 The trial court sentenced the Defendant as a Range II, multiple offender to eight years in confinement. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction, (2) the trial court erred by denying his motion for a judgment of acquittal, and (3) the trial court erred by admitting an expert report identifying the contraband. Although we affirm the Defendant’s conviction, we remand for the entry of a corrected judgment reflecting the conviction offense as possession of contraband in a penal facility. |
Bradley | Court of Criminal Appeals | |
Tony Light v. State of Tennessee
The Petitioner, Tony Light, appeals from the Knox County Criminal Court’s denial of his petition for post-conviction relief from his 2017 guilty plea to attempted robbery, for which he received a four-year sentence as a Range I offender. The Petitioner contends that the post-conviction court erred by denying relief because his guilty plea was involuntarily and unknowingly entered. We affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Kimberly Ann Scott v. State of Tennessee
Petitioner, Kimberly Ann Scott, appeals the summary dismissal of her pro se petition for post-conviction relief. She argues that her petition alleges a colorable claim for relief and that therefore, the post-conviction court erred by dismissing the petition without appointment of counsel or an evidentiary hearing. The State concedes that the post-conviction court erred by summarily dismissing the petition. Upon review, we reverse the judgment of the post-conviction court and remand the case for further proceedings. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Treadence Lee Howard
Defendant, Treadence Lee Howard, pled guilty to possession of 0.5 grams or more of cocaine with the intent to sell and was sentenced to nine years, suspended to supervised probation after service of one year in confinement. Following a hearing on a probation violation warrant based on Defendant’s arrest for attempted first-degree murder, reckless endangerment, and being a felon in possession of a firearm, the trial court revoked Defendant’s probation and ordered him to serve the remainder of the |
Giles | Court of Criminal Appeals | |
Telly Lamont Booker v. State of Tennessee
The Petitioner, Telly Lamont Booker, filed a petition for post-conviction relief challenging his convictions for possession with intent to sell or deliver .5 grams or more of cocaine in a school zone, evading arrest, and unlawful possession of a weapon, as well as the resulting twenty-eight-year sentence. The post-conviction court denied relief, and the Petitioner appeals. On appeal, the Petitioner alleges that trial counsel was ineffective in the following ways: (1) by not pursuing a defense of simple possession; (2) by failing to object to the testimony of Officers Heitz and Noe regarding habits of drug dealers because they were not experts; (3) and by cumulative error. After our review, we affirm the judgment of the post-conviction court denying the Petitioner relief. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Kevin Brazelton
A Knox County Criminal Court Jury convicted the Appellant, Kevin Brazelton, of four counts of aggravated robbery, a Class B felony. After a sentencing hearing, the trial court sentenced him to twenty-five years for each conviction and merged the convictions. On appeal, the Appellant contends that the trial court should have granted a mistrial when a court officer shocked him with a stun belt in the jury’s presence; that the trial court erred by allowing the prosecution to use a peremptory challenge against the only |
Knox | Court of Criminal Appeals | |
Gai D. Kuot v. State of Tennessee
Gai D. Kuot, Petitioner, filed a petition for writ of habeas corpus (the “petition”) claiming that his convictions are void because the indictment was defective, the capias was unsigned, and the trial court did not have subject matter jurisdiction. The trial court summarily dismissed the petition. We affirm. |
Wayne | Court of Criminal Appeals | |
Larry Pittman v. State of Tennessee
The petitioner, Larry Pittman, appeals the dismissal of his petition for writ of error coram nobis, arguing entitlement to coram nobis relief on the ground that newly discovered evidence supported his claim that the warrant issued for his arrest was defective. Discerning no error, we affirm. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Michael Leon Caudle
The Defendant, Michael Leon Caudle, was convicted of two counts each of selling less than 0.5 gram of cocaine within a drug-free school zone and delivering less than 0.5 gram of cocaine within a drug-free school zone, and one count of possessing 0.5 gram or more of cocaine within a drug-free school zone with the intent to sell, deliver, or manufacture. The trial court merged the two delivery convictions with the corresponding sale convictions and imposed an effective sentence of sixty years’ incarceration. In this delayed appeal,the Defendant challenges the sufficiency of the evidence. Following our review of the record, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Byron Hartshaw and Gary Lee Emory
A Knox County jury convicted the defendants, Byron Hartshaw and Gary Lee Emory, of robbery, aggravated robbery, and aggravated burglary. The trial court imposed total effective sentences of fifteen years for Defendant Hartshaw and twelve years for Defendant Emory. In this consolidated appeal, both defendants challenge the sufficiency of the evidence, the jury instructions, and the admission of certain evidence. They also contend that the State’s closing argument amounted to prosecutorial misconduct. Defendant Emory additionally argues that the trial court provided “improper assistance” to the State, he challenges the length of his sentence, and he contends that cumulative error entitles him to a new trial. After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Cleotris Ruben
The Defendant, Cleotris Ruben, entered guilty pleas pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), to one count of theft of property valued more than $1,000 but less than $2,500, a Class E felony, and one count of theft of property valued $1,000 or less, a Class A misdemeanor. After entry of the pleas but prior to sentencing, the Defendant discovered that, contrary to what he had been told by the two attorneys representing him, he was not eligible for judicial diversion. The Defendant moved to withdraw his guilty pleas, and the trial court denied the motion. On appeal, this court concluded that counsel had a conflict of interest and reversed the decision, remanding for appointment of new counsel. The trial court appointed new counsel, held a hearing, and again denied the Defendant’s motion to withdraw his pleas, and the Defendant appeals. We conclude that the trial court abused its discretion in denying the motion, and we reverse and remand the case for entry of an order permitting withdrawal of the pleas and for further proceedings. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Vern Braswell
After the trial court granted the State’s motion to dismiss the “Emergency Motion to Alter or Adjust Sentence to Conform With the Principles of Compassionate Release” filed by Vern Braswell, Defendant, this appeal was initiated. On appeal, Defendant challenges the trial court’s dismissal of his motion. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Lavan Tremayne Johnson, Jr. v. State of Tennessee
The Petitioner, Lavan Tremayne Johnson, Jr., filed for post-conviction relief, alleging that his counsel were ineffective and that his guilty pleas were not knowingly and voluntarily entered. The post-conviction court denied relief, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Joshua Nathan Brown v. State of Tennessee
The Petitioner, Joshua Nathan Brown, appeals from the denial of his petition for post-conviction relief, wherein he challenged his guilty-pleaded convictions for evading arrest through the use of a motor vehicle creating a risk of death or injury to others, possession of a firearm by a convicted drug felon, and possession of a Schedule IV controlled substance with the intent to sell. In this appeal as of right, the Petitioner argues that his trial counsel was ineffective for failing to file a motion to recuse the district attorney general’s office after his previous attorney in this case was hired by that office. Following our review of the record, we affirm the post-conviction court’s judgment denying relief. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Joseph John Turchin
A Monroe County Criminal Court Jury convicted the Appellant, Joseph John Turchin, of two counts of especially aggravated sexual exploitation of a minor, Tenn. Code Ann. § 39- 17-1005, one count of sexual exploitation of a minor, Tenn. Code Ann. § 39-17-1003, and one count of unlawfully photographing a minor in violation of the minor’s privacy, Tenn. Code Ann. § 39-13-605.1 The trial court imposed a total effective sentence of twenty years in the Tennessee Department of Correction. On appeal, the Appellant contends that the trial court erred by denying his motion to suppress, arguing that he was not properly served with a warrant for the search of his cellular telephones. Upon review, we affirm the judgments of the trial court. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. Joseph Sarkozy
The Defendant-Appellant, Joseph Sarkozy, appeals the revocation of his probation. On appeal, the Defendant argues the trial court erred by (1) finding the Defendant violated the terms of his probation when he did not possess the requisite intent for the domestic assault charges used as the basis for the revocation and (2) ordering the Defendant to serve the remainder of his sentence in prison. Upon review, we affirm the judgment of the trial court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Sean Mitchell aka Antwon Rainer
Defendant, Sean Mitchell A.K.A. Antwon Rainer, was indicted for rape and aggravated kidnapping, and a jury convicted Defendant as charged. The trial court sentenced Defendant, pursuant to the repeat violent offender statute, to two life sentences without the possibility of parole and ran the sentences consecutively. On appeal, Defendant argues (1) that the trial court erred by admitting hearsay evidence, (2) that the chain of custody for Defendant’s penile swabs was not properly established, (3) that the evidence was insufficient to support the convictions, and (4) that the trial court erred by imposing excessive sentences. After a thorough review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Lester Lee Doyle
The Benton County Grand Jury indicted Defendant, Lester Lee Doyle, for second offense driving under the influence of an intoxicant or drug (“DUI”) (Count One), violation of the implied consent law (Count Two), failure to illuminate the registration plate of his vehicle at all times when the headlights are illuminated (Count Three), and failure to maintain his vehicle as nearly as practicable entirely within a single lane of a roadway divided into two or more lanes for traffic (Count Four). Following trial, the jury found Defendant guilty of DUI in Count One and not guilty of the traffic offenses in Counts Three and Four. On appeal, Defendant argues that because the jury found Defendant not guilty on Counts Three and Four, there was no reasonable suspicion to stop Defendant and therefore Defendant is entitled to a new trial or a reversal of the DUI conviction. Following a thorough review of the record and applicable law, we affirm the judgments of conviction. |
Benton | Court of Criminal Appeals |
