State of Tennessee v. Kenneth DeAngelo Thomas
A Davidson County jury convicted the Defendant of felony murder. The Defendant appeals as of right from his conviction and contends that the indictment against him should be dismissed with prejudice due to a violation of Article IV of the Interstate Agreement on Detainers. Finding no reversible error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Deanna Whitman v. State of Tennessee
The petitioner, Deanna Whitman, pleaded guilty to four counts of selling a schedule II drug within 1,000 feet of a school, for which she received an effective 16-year sentence to be served as a Range I offender at 100 percent. The petitioner sought post-conviction relief alleging that she received ineffective assistance of counsel and therefore unknowingly pleaded guilty to the instant crimes. At the conclusion of an evidentiary hearing, the post-conviction court denied the petition finding that the petitioner had received effective representation and had entered her pleas knowingly. Aggrieved of this ruling, the petitioner now appeals, and after a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Troy Robert Whipple - Concurring and Dissenting
I concur with that portion of the majority opinion which affirms the judgments of conviction for the offenses of evading arrest while operating a motor vehicle, reckless driving, and driving on a revoked license. I disagree with the conclusion that the two convictions of vandalism must be reversed and dismissed. Accordingly, I dissent from that portion of the majority opinion. |
Franklin | Court of Criminal Appeals | |
State of Tennessee v. Troy Robert Whipple
A Franklin County Jury found the Defendant, Troy Robert Whipple, guilty of one count of evading arrest while operating a motor vehicle, one count of reckless driving, one count of driving on a revoked license, and two counts of vandalism, and the trial court sentenced the Defendant to an effective sentence of four years. The Defendant now appeals, contending that: (1) the evidence presented at trial is insufficient to support his convictions; (2) the trial court committed plain error when it failed to instruct the jury that an unlawful arrest is a defense to a charge of evading arrest while operating a motor vehicle; (3) the trial court improperly sentenced him; and (4) the fines imposed upon him are unreasonable. After thoroughly reviewing the record and the applicable authorities, we affirm the Defendant’s convictions and sentences for evading arrest while operating a motor vehicle, reckless driving, and driving on a revoked license. We reverse the Defendant’s convictions for vandalism, and we remand the case for proceedings consistent with this opinion. |
Franklin | Court of Criminal Appeals | |
Johnny Shields v. State of Tennessee
The Petitioner, Johnny Shields, appeals the post-conviction court’s dismissal of his petition for post-conviction relief as time-barred. We affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Jerald M. Seay
The defendant, Jerald M. Seay, was found guilty by a Shelby County jury of unlawful possession of cocaine with intent to sell and unlawful possession of cocaine with intent to deliver, Class C felonies. After merging the two counts together into a single conviction for unlawful possession of cocaine with intent to sell, the trial court sentenced the defendant as a Range II, multiple offender to ten years in the Department of Correction and fined him $2,000. On appeal, he argues: (1) the evidence was insufficient to support his conviction; and (2) the trial court erred in allowing him to be impeached with stale convictions. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Eric Berrios
Before the court is an interlocutory appeal by the State, pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. The defendant, Eric Berrios, moved to suppress evidence seized during a search of his automobile. The trial judge concluded that the evidence had been illegally seized and granted the motion to suppress. We affirm the judgment of the trial court and remand this case for further proceedings. |
Shelby | Court of Criminal Appeals | |
Kenneth B. White v. State of Tennessee
The Petitioner, Kenneth B. White, appeals the trial court's denial of his motion to declare Tennessee Code Annotated section 40-35-114 unconstitutional pursuant to Blakely v. Washington. 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, or, in the alternative, dismiss the appeal as there is no right to appeal the denial of a motion to correct an illegal sentence. The Petitioner has not established that he is entitled to habeas corpus relief. Moreover, this Court is not vested with jurisdiction to entertain a request for an appeal of a denial of a motion to reopen a post-conviction petition. Finally, if treated as a Rule 35(b) motion for reduction of sentence, the claim is timebarred. Accordingly, we grant the State's motion and affirm the judgment of the lower court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. James Vanover
A Knox County Criminal Court jury convicted the defendant, James Vanover, of one count of rape of a child, a Class A felony, and two counts of aggravated sexual battery, a Class B felony, and the trial court sentenced him to twenty years for the rape and eight years for each aggravated sexual battery to be served consecutively at 100% for an effective sentence of thirty-six years in the Department of Correction. The defendant appeals, claiming that the evidence is insufficient and that his sentence is excessive. We conclude that the evidence is sufficient, but we conclude that the trial court improperly ordered consecutive sentencing. We remand the case to the trial court for resentencing. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Bernardino Lira, also known as Jose Fernandez
The defendant, Bernardino Lira, pled guilty to DUI, third offense, and driving on a revoked license, receiving concurrent sentences of eleven months and twenty-nine days and ten days, with all but four months suspended. He reserved as a certified question whether the trial court erred in denying his motion to suppress the fruits of the stop of his vehicle. We conclude that the question is properly certified and that the trial court ruled correctly in denying the motion to suppress. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Larry Davis
The appellant, Larry Davis, was convicted by a jury in the Shelby County Criminal Court of driving under the influence (DUI), a Class A misdemeanor. He received a sentence of eleven months and twenty-nine days in the Shelby County Workhouse. On appeal, the appellant raises several issues relating to the sufficiency of the evidence. Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Cumecus R. Cates v. State of Tennessee
The Petitioner, Cumecus R. Cates, appeals from the summary dismissal of his petition for post-conviction relief. The trial court summarily dismissed the petition based on its determination that the underlying conviction was on appeal to this Court. It is from the order of dismissal that the Petitioner appeals. The State concedes that the trial court erred in summarily dismissing the petition. We reverse the judgment of the trial court and remand this case for further proceedings. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Arthur Lee Harrison
The Appellant, Arthur Lee Harrison, was convicted by a Davidson County jury of the attempted voluntary manslaughter of his estranged wife. On appeal, Harrison argues that the evidence is insufficient to support the conviction. After review, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Scottie D. Pennington
The Appellant, Scottie D. Pennington, was convicted by a Jackson County jury of driving under the influence (DUI) and felony reckless endangerment. As a result of these convictions, Pennington received consecutive sentences of eleven months and twenty nine days for DUI and two years for reckless endangerment. On appeal, Pennington argues that the evidence is insufficient to support his convictions. Specifically, he asserts that the State failed to prove his identity as the driver of the vehicle or that the vehicle was operated in a reckless manner. After review of the record, we affirm. |
Jackson | Court of Criminal Appeals | |
Jerry L. Cowan v. David Mills, Warden
The petitioner, Jerry L. Cowan, pled guilty in the Blount County Circuit Court to second degree murder, and he received a sentence of thirty-five years as a Range II offender. Subsequently, he filed in the Lauderdale County Circuit Court a petition for a writ of habeas corpus, alleging that his sentence was void. The habeas corpus court dismissed the petition without the appointment of counsel or an evidentiary hearing. The petitioner appeals that dismissal. Upon our review of the record and the parties’ briefs, we affirm the judgment of the habeas corpus court. |
Lauderdale | Court of Criminal Appeals | |
Robert L. Moore v. Glenn Turner, Warden
The petitioner, Robert L. Moore, filed in the Hardeman County Circuit Court a petition for a writ of habeas corpus, alleging that his 1994 conviction for possession of cocaine with intent to sell, his three 1991 convictions for sale of cocaine, and his three 1991 convictions for concealing stolen property are void. The habeas corpus court dismissed the petition without the appointment of counsel or an evidentiary hearing, and the petitioner appeals that dismissal. Upon our review of the record and the parties’ briefs, we affirm the judgment of the habeas corpus court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Paul Neil Laurent - Dissenting
The majority affirms consecutive sentences based upon a finding that the appellant’s criminal history is extensive. T.C.A. § 40-35-115(b)(2). The pre-sentence report reflects no documentation of a prior conviction of any type. The appellant’s statements to the pre-sentence officer indicate excessive alcohol and drug abuse and that he completed a drug and alcohol treatment program in 1983. Based upon the appellant’s self-reporting of drug use, the majority concludes that consecutive sentences are warranted. I am unable to join with the majority in concluding that a defendant’s self-reporting of uncharged alcohol or drug abuse will warrant consecutive sentences. This information is sought in the pre-sentence report for the purpose of fashioning an individualized sentence under sentencing guidelines, not for purposes of gathering incriminating evidence. To utilize the offender’s statements within the report for increased penal sanctions is counterproductive in that it discourages truthfulness and is inconsistent with the purposes of the pre-sentence report. If the State wishes to introduce evidence of uncharged criminal activity, then it may do so; however, the defendant should not be penalized for candor. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Paul Neil Laurent
The appellant, Paul Neil Laurent, was indicted in 2003 for twelve counts of various crimes allegedly committed against his step-daughter and daughter. After a bench trial, the appellant was convicted of aggravated kidnapping, attempted aggravated sexual battery, aggravated sexual battery, two counts of sexual battery by an authority figure, and one count of attempted child neglect. The appellant received a total effective sentence of seventeen years. The appellant appeals, arguing that: (1) the trial court erred by denying the motion for judgment of acquittal and motion to dismiss regarding the charge of aggravated kidnapping; (2) the trial court erred in determining that the appellant was guilty of attempted aggravated sexual battery and aggravated sexual battery because the evidence was insufficient to support the convictions; and (3) the trial court erred in sentencing the appellant. For the following reasons, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Roderick Harris v. State of Tennessee
The Petitioner, Roderick Harris, appeals the Shelby County Criminal Court’s dismissal of his petition for post-conviction relief. In 2004, he pled guilty to aggravated robbery and received a sentence of ten years. On appeal, the Petitioner argues that trial counsel was ineffective for failing to seek a pretrial mental evaluation. After a review of the record, we affirm the post-conviction court’s dismissal of the petition. |
Shelby | Court of Criminal Appeals | |
Carlito D. Adams v. State of Tennessee
The petitioner, Carlito D. Adams, was convicted in 1995 of two counts of felony murder and two counts of attempted felony murder, with the latter being reversed and dismissed. See State v. Carlito D. Adams, No. 02C01-9608-CR-00267, 1997 Tenn. Crim. App. LEXIS 1247 (Tenn. Crim. App. Dec. 11, 1997), perm. to appeal denied concurring in results only (Tenn. Nov. 9, 1998). In November 1999, he filed a petition for post-conviction relief, which, according to the petitioner, was dismissed for failure to prosecute. Additionally, he alleges that this court denied, on January 25, 2002, his motion to reconsider the dismissal. On January 19, 2005, he filed a motion to reopen his post-conviction petition, claiming that a new right, which he sought to assert, had been recognized in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), and that there was new scientific evidence establishing his actual innocence. The post-conviction court denied the motion to reopen, and the petitioner appealed. Following our review, we affirm the order of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Grover L. Dunigan v. State of Tennessee
Petitioner, Grover L. Dunigan, filed a pro se petition for post-conviction relief, alleging that he received the ineffective assistance of counsel regarding his conviction for second degree murder. The post-conviction court dismissed the petition without a hearing on the grounds that the petition was time-barred. In this appeal, Petitioner argues that due process requires tolling the statute of limitations because his trial attorney never told him that the supreme court had denied his Rule 11 application. After a thorough review of the record, we find that the lower court properly dismissed the petition. Therefore, the judgment of the post-conviction court is affirmed. |
Hamilton | Court of Criminal Appeals | |
Carlos L. Rice v. David Mills, Warden
The Petitioner, Carlos L. Rice, 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 allege any ground that would render the judgment of conviction void. Accordingly, we affirm the trial court’s dismissal. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Steven Murphy
The defendant, Steven Murphy, was convicted by a Shelby County Criminal Court jury of first degree premeditated murder, first degree felony murder, and two counts of theft of property over $1000, a Class D felony. The trial court merged the first degree felony murder conviction into the premeditated murder conviction, for which the defendant was sentenced to life without the possibility of parole, merged the two theft convictions, and sentenced the defendant to two years for the theft conviction, to be served concurrently with the life sentence without parole. On appeal, the defendant contends that the trial court erred in denying his motion in limine to allow hearsay statements of the victim into evidence, in denying his motion to suppress his statements to police, and in not instructing the jury on the adverse inference that could be drawn from the State’s failure to preserve the tape recording of the defendant’s statements. Having reviewed the record and found no error, we affirm the judgments of the trial court but remand for entry of a corrected judgment in Case No. 01-02751 to reflect the defendant’s conviction offense which was omitted. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Edna Phelps
The defendant, Edna Phelps, was found guilty by a Madison County jury of aggravated assault, a Class C felony, and was sentenced as a Range I, standard offender to four years, all suspended except for eleven months and twenty-nine days with the balance to be served on intensive probation. On appeal, she argues the trial court erred in overruling her objections to certain questions asked by the State. Following our review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Marty Dale Williams v. State of Tennessee
Following a jury trial, Petitioner, Marty Dale Williams and his co-defendant, Daryl Lee Madden, were convicted of felony murder, especially aggravated robbery, and second degree murder. The trial court merged the second degree murder conviction with the felony murder conviction. Madden received an effective sentence of life plus 25 years; Petitioner received an effective sentence of life. On direct appeal, a panel of this court affirmed the judgments of the trial court. See State v. Madden, 99 S.W.3d 127 (Tenn. Crim. App. 2002). Petitioner filed a timely petition for post-conviction relief which the trial court subsequently denied after a hearing. Petitioner now appeals from the trial court's denial of post-conviction relief. In this appeal, Petitioner argues that the trial court erred in finding that Petitioner failed to establish that his trial counsel was per se ineffective and that trial counsel was ineffective under the totality of the circumstances. The judgment of the post-conviction court is affirmed. |
Davidson | Court of Criminal Appeals |
