State of Tennessee v. Michael Forrest Bandy
The defendant, Michael Forrest Bandy, appeals his convictions of first degree felony murder and aggravated child abuse, a Class A felony. The sole issue on appeal is the sufficiency of the evidence. Upon review, we conclude that the evidence is sufficient to support the convictions and affirm the same. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Janis Sue Watson and Albert Eugene Brooks
Janis Sue Watson and Albert Eugene Brooks, the co-defendants, were convicted of first degree premeditated murder and conspiracy to commit first degree murder, a Class A felony. Each co-defendant received concurrent sentences of life in prison and twenty years, respectively. The co-defendants’ consolidated appeals address both the convictions and sentences. Having found no reversible error, the convictions and sentences of both co-defendants are affirmed. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Albert Jones
The defendant, Albert Jones, was convicted by a Shelby County Criminal Court jury of first degree premeditated murder and sentenced to life imprisonment. In this direct appeal, he argues that the evidence was insufficient to sustain a first degree murder conviction and the trial court erred by denying his request for a special jury instruction on the State’s burden of proof. Finding no error, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ricky Lynn Norwood, Alias
This state appeal, initially filed as a Tennessee Rule of Appellate Procedure 3 appeal, is deemed by this court an interlocutory appeal pursuant to Tennessee Rule of Appellate Procedure 10. The state seeks review of the Knox County Criminal Court’s determination that, in the on-going driving under the influence (DUI) prosecution of the defendant, Ricky Lynn Norwood, a 1997 DUI conviction may not be used to enhance punishment. Because the record and the applicable law support the trial court’s ruling, we affirm the order. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Jon A. Engle
Defendant, Jon A. Engle, was convicted of DUI and sentenced to eleven months and twenty-nine days, with all but ten days suspended, and a fine of $1,500 and costs. He appealed, arguing that the arresting officers did not have reasonable suspicion to stop his vehicle. However, Defendant filed neither a motion to suppress the stop in the trial court nor a motion for new trial. Accordingly, we conclude that this issue is waived and affirm the judgment of the trial court. |
Chester | Court of Criminal Appeals | |
Shon Maurice Pierce v. State of Tennessee
The petitioner, Shon Maurice Pierce, appeals the Dyer County Circuit Court’s denial of his petition for post-conviction relief for second degree murder and resulting twenty-year sentence. He contends that he received the ineffective assistance of counsel because his trial attorney allowed him to plead guilty before the trial court held a hearing on his motion to suppress his confession. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Dyer | Court of Criminal Appeals | |
John W. Brewer, III v. State of Tennessee
The petitioner, John W. Brewer, III, appeals from the Davidson County Criminal Court’s dismissal of his petition for post-conviction relief from his guilty plea to second degree murder, a Class A felony, for which he received a nineteen-year sentence. He contends that he received the ineffective assistance of counsel, rendering his guilty plea involuntary. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Ronald E. Wade
Following a jury trial, Defendant, Ronald E. Wade, was convicted of one count of facilitation of possession of over twenty-six (26) grams of cocaine for sale, a Class C felony, one count of facilitation of possession of over one and one-half ounces of marijuana for sale, a Class A misdemeanor, and one count of facilitation of possession of a weapon in commission of an offense, also a Class A misdemeanor. Defendant received a sentence of four years for the felony conviction, suspended after thirty days incarceration, with four years of probation, and a one thousand dollar fine. He received a suspended sentence of eleven months and twenty-nine days, to be served on probation, for each misdemeanor conviction. All sentences were ordered to be served concurrently with each other. On appeal, Defendant argues that the trial court erred in denying his motion to suppress all evidence obtained pursuant to a warrant authorizing a search of his house. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Patrick Thurmond v. State of Tennessee
The petitioner, Patrick Thurmond, appeals from the Davidson County Criminal Court’s dismissal of his petition for post-conviction relief from his convictions for two counts of aggravated rape, one count of attempted aggravated rape, one count of aggravated sexual battery, and one count of aggravated burglary and effective sentence of fifty years. He contends he received the ineffective assistance of counsel because his attorney failed to remove prospective jurors from the jury panel, failed to exclude physical evidence, failed to object to hearsay testimony, failed to call an alibi witness, and advised the petitioner not to testify. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Bobby Wayne Jenkins and Tareaun D. Griffin
This is a direct appeal as of right by Defendant Tareaun D. Griffin from convictions entered on a jury verdict of especially aggravated robbery and attempted second degree murder, and an appeal by Defendant Bobby Wayne Jenkins from his conviction entered on a jury verdict of especially aggravated robbery. Defendant Jenkins was sentenced to twenty years for his especially aggravated robbery conviction. Defendant Griffin was sentenced to twenty years for his especially aggravated robbery conviction and eleven years for his attempted second degree murder conviction, with the sentences to run consecutively for an effective thirty-one year sentence. On appeal, Defendant Griffin raises two issues: (1) the trial court erred in failing to charge the jury with instructions on self-defense, and (2) the court erred in imposing consecutive sentencing. Defendant Jenkins raises two separate issues: (1) the trial court erred in excluding the testimony of an expert witness, and (2) the court erred in failing to impose a mitigated sentence. We affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Michelle Allen & Mark Allen v. State of Tennessee
The Robertson County Grand Jury indicted Mark Allen with one count of exhibition of materials harmful to a minor, one count of especially aggravated sexual exploitation, and one count of rape of a child. Michelle Allen was indicted with three counts of rape of a child. Following a jury trial, Mr. Allen was convicted of all three counts, and Mrs. Allen was convicted for two counts of rape of a child. The third count was dismissed. The trial court sentenced Mr. Allen to an effective sentence of twenty-four years and Mrs. Allen to an effective sentence of twenty-one years. The defendants appeal the judgments of the trial court. They argue that the evidence was insufficient to support their convictions and that the trial court erred in sentencing them. We affirm the judgments of the trial court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Albert James Saavedra
The Defendant, Albert James Saavedra, was indicted on one count of first degree murder and one count of attempted first degree murder. He was convicted for the lesser-included offense of voluntary manslaughter and for the indicted offense of attempted first degree murder. The trial court reduced the conviction for attempted first degree murder to attempted second degree murder, finding that the evidence was insufficient to prove that the Defendant acted with premeditation. The trial court also sentenced the Defendant to an effective sentence of fourteen years in the Department of Correction. The Defendant appeals, contending that: (1) the evidence is insufficient to sustain his conviction for attempted second degree murder; (2) the trial court erred by not instructing the jury on aggravated assault as a lesser-included offense of attempted first degree murder; (3) the trial court erred when it took his motion for judgment of acquittal under advisement and when it denied this motion with respect to attempted second degree murder; and (4) the trial court erred when it denied his Rule 33(f) motion. Finding that there exists no reversible error, we affirm the judgments of the trial court. |
Humphreys | Court of Criminal Appeals | |
Waymon Perry Russell v. State of Tennessee
The petitioner, Waymon Perry Russell, filed a petition in the Hardeman County Circuit Court seeking a writ of habeas corpus. The petitioner alleged that the trial court imposed concurrent sentences when consecutive sentencing was mandatory. The habeas corpus court dismissed the petition without appointing counsel or conducting an evidentiary hearing. The petitioner challenges the dismissal. Upon our review of the record and the parties’ briefs, we affirm the judgment of the |
Hardeman | Court of Criminal Appeals | |
William Rhea Jackson v. State of Tennessee
A Davidson County jury convicted the Petitioner, William Rhea Jackson, of robbery, rape, aggravated burglary, attempted rape, aggravated kidnapping, and misdemeanor theft. This Court affirmed the convictions on direct appeal, and the Tennessee Supreme Court denied review. The Petitioner filed a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. The Petitioner appeals, contending that his trial counsel rendered ineffective assistance of counsel. After thoroughly reviewing the record and the applicable law, we conclude that there exists no reversible error. Accordingly, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Gerald Johnson v. State of Tennessee
Pursuant to a plea agreement, the Petitioner, Gerald E. Johnson, pled guilty to one count of possession with intent to sell or deliver under 0.5 grams of cocaine. The trial court sentenced the Petitioner to seven years as a Range II, multiple offender. The Petitioner filed a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. The Petitioner appeals, contending that his trial counsel rendered ineffective assistance of counsel. After thoroughly reviewing the record and the applicable law, we conclude that there exists no reversible error. Accordingly, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jermeil Ralph Tarter
The defendant, Jermeil Tarter, was convicted of one count of sale of more than .5 grams of cocaine within one thousand feet of a school, one count of delivery of more than .5 grams of cocaine within one thousand feet of a school, and one count of possession of more than .5 grams of cocaine within one thousand feet of a school. The trial court initially merged the convictions for delivery and possession of cocaine into the conviction for the sale of cocaine and then later dismissed the convictions for delivery of cocaine and possession of cocaine. The trial court imposed a Range I sentence of twenty years in the Department of Correction. In this appeal, the defendant asserts that the evidence was insufficient to support the convictions, that the trial court erred by permitting the surveillance tape to be admitted into evidence, and that the trial court erred by permitting the prosecutor to vouch for the truthfulness of the state's witnesses. The state challenges on appeal the trial court's ruling dismissing the conviction for possession of cocaine. The convictions and sentence are affirmed. The judgment of the trial court dismissing the convictions for delivery and possession of cocaine is reversed. The judgment of conviction for sale of more than .5 grams of cocaine is modified to show that the convictions for delivery of more than .5 grams of cocaine and possession of more than .5 grams of cocaine have been merged into one judgment. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Joseph Bryan Adair
Following a bench trial, the Defendant, Joseph Bryan Adair, was convicted of driving at a speed of 69 miles per hour in a 50 miles per hour speed zone, a Class C misdemeanor. The Defendant now appeals, contending that his traffic citation was invalid because it was not signed by the State Trooper who issued the ticket. Finding that there exists no reversible error, we affirm the judgment of the trial court. |
Clay | Court of Criminal Appeals | |
State of Tennessee v. Larry Allen Whited and William Henry Rutherford - Dissenting
The majority affirms the Defendant Whited’s conviction for aggravated assault concluding that “a rational jury could easily infer that [seventeen-month-old] Tristian was in reasonable fear of imminent bodily injury . . . .” For the reasons discussed below, I respectfully dissent. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Larry Allen Whited and William Henry Rutherford
The Defendants were convicted of second degree murder and reckless endangerment. Defendant Whited was also convicted of three counts of aggravated assault. On appeal, both Defendants argue that the trial court erred by allowing the State to introduce evidence of certain activity they engaged in after the crimes were committed, and that the evidence is insufficient to support their convictions. Defendant Whited argues that the trial court erred by denying his motion to suppress the statement he gave to the police. Both Defendants also challenge the trial court’s sentencing determination. After review, we affirm the trial court’s judgments in all respects. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Charles Humphries
The defendant, Charles Humphries, was convicted of first degree premeditated murder and aggravated assault (a Class C felony) and received Range II consecutive sentences of life imprisonment and ten years. On appeal, he challenges the sufficiency of the evidence to establish |
Shelby | Court of Criminal Appeals | |
Corvack Shaw v. State of Tennessee
The Petitioner, Corvack Shaw, appeals the lower court’s denial of his motion requesting relief from an invalid sentence. 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 establish his entitlement to relief from an unconstitutional or invalid sentence. Accordingly, we affirm the trial court’s dismissal. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. James N. Harrell - Dissenting
Respectfully, I dissent from the majority’s conclusion that the prosecutor’s rejection of pretrial diversion rests upon sold legal bases. To be sure, the prosecutor carefully considered and discussed all criteria relevant to his pretrial diversion determination. Thus, my departure from the majority is not grounded upon any shortcomings in the prosecutor’s effort; rather, I conclude that despite his thorough response to the petition, he ultimately relied upon grounds that do not legally support the denial of diversion. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. James N. Harrell
Defendant, James N. Harrell, seeks interlocutory review of the Warren County Circuit Court’s affirmance of the State’s denial of his application for pretrial diversion. Defendant is charged with vehicular homicide by recklessness, four counts of reckless aggravated assault, underage possession and consumption of alcohol, and underage driving while impaired. After unsuccessfully requesting pretrial diversion, Defendant appealed to the trial court, who determined that the district attorney general had not abused his discretion when denying Defendant’s request. After a thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Marshall Ward Howell
The defendant, Marshall Ward Howell, entered a plea of guilty to sale of a controlled substance. The trial court imposed a sentence of eight years to be served in a community corrections program after service of a period of incarceration. Five months after his conviction, the community corrections sentence was revoked and the defendant was ordered to serve the remainder of his term in the Department of Correction. In this appeal, the single issue presented for review is whether revocation was proper. The judgment of the trial court is affirmed. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Christa G. Pike
The defendant, Christa G. Pike, appeals her conviction for attempted first degree premeditated murder, a Class A felony. The defendant contends she was acting in defense of a third party, an inmate, and that the evidence is insufficient to support her conviction. Finding no error at trial, we affirm the conviction. |
Davidson | Court of Criminal Appeals |
