Tony Duane Wade v. State of Tennessee
In three separate cases, the Defendant, Tony Duane Wade, pled guilty to two counts of forgery and two counts of aggravated burglary. In accordance with a plea agreement, the trial court sentenced the Defendant to an effective sentence of ten years, to be served on community corrections. Subsequently, the trial court found that the Defendant had violated his community corrections and ordered him to serve ten years. The Defendant now appeals contending that the trial court abused its discretion when it revoked his community corrections sentence. Finding no reversible error, we affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v.Jonathan D. Tears
A Marshall County jury convicted the Defendant of possession of .5 grams of cocaine with intent to sell, possession of .5 grams of cocaine with intent to deliver and possession of marijuana. The trial court merged the cocaine convictions into a single conviction for possession of cocaine with intent to sell and sentenced the Defendant to twelve years for that offense and to a concurrent sentence of eleven months, twenty-nine days for possession of marijuana. On appeal, the Defendant asserts that the evidence was insufficient to support his convictions and that the trial court erred when it denied him alternative sentencing. We find no error, thus, we affirm the judgements of the trial court. |
Marshall | Court of Criminal Appeals | |
Jerry Faulkner a/k/a Joseph Faulkner v. State of Tennessee
On January 27, 2004, the Shelby County Criminal Court accepted the guilty pleas of Jerry Faulkner, also known as Joseph Faulkner, the petitioner, on three counts of aggravated robbery and a single count of aggravated rape. The effective 20-year sentence was imposed to run concurrently with another state sentence and “all Federal convictions.” On April 13, 2004, the petitioner, who was incarcerated in a federal facility in Memphis, filed a petition in the conviction court for a writ of habeas corpus. Because the petitioner was in federal custody, the habeas corpus court dismissed the petition, and the petitioner appealed. Following our review, we affirm the order of the habeas corpus court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Delores Christina Armstrong
The appellant, Delores Christina Armstrong, was convicted of child abuse and neglect, and she received a sentence of four years. The trial court ordered the appellant to serve her sentence in community corrections. Subsequently, the appellant's community corrections sentence was revoked, and the appellant was ordered to serve the balance of her sentence in confinement. On appeal, the appellant challenges the revocation of her community corrections sentence and the imposition of a term of confinement. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
James Emmett Moses, Jr., v. State of Tennessee
The petitioner, James Emmett Moses, Jr., pleaded guilty to aggravated burglary, two counts of robbery, and theft of property under $500, for which he received an effective 26-year incarcerative sentence. On direct appeal, the petitioner unsuccessfully challenged his sentences as excessive. See |
Hardeman | Court of Criminal Appeals | |
James Dubose v. Tony Parker, Warden
The Defendant, James DuBose, appeals the denial of his petition for a writ of habeas corpus. The Defendant, serving a sentence of life in prison for first degree murder, raises four issues on appeal: 1) that the claims raised in his petition for habeas corpus relief were not previously adjudicated; 2) that his judgment of conviction is void because his indictment failed to allege an offense; 3) that his judgment of conviction is void because it is based on an unconstitutional statute; and 4) that the trial court erred in failing to appoint counsel for his habeas corpus proceedings. Finding the denial of the Defendant’s petition was appropriate, we affirm the judgment of the trial court. |
Lake | Court of Criminal Appeals | |
Shannon Smith v. State of Tennessee
The Petitioner, Shannon Smith, pled guilty to domestic assault, and he was sentenced to eleven months and twenty-nine days. Subsequently, the Petitioner filed a petition for post-conviction relief, alleging that he received ineffective assistance of counsel. After a hearing, the post-conviction court dismissed the petition, and the Petitioner now appeals. Finding that there exists no reversible error, we affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Jerome Bond
The defendant, Jerome Bond, was convicted of felony murder and especially aggravated robbery. See Tenn. Code Ann. §§ 39-13-202, -403. The trial court imposed a life sentence for the felony murder and a sentence of twenty-five years for the especially aggravated robbery and ordered the sentences to be served consecutively. In this appeal, the defendant asserts that the trial court erred by (1) admitting into evidence a photograph of him taken by police; (2) denying his motion to modify Tennessee Pattern Jury Instruction 43.04; (3) denying his request to instruct the jury on the lesser included offenses of especially aggravated robbery; and (4) ordering his sentences to be served consecutively. The judgments of the trial court are affirmed. |
Shelby | Court of Criminal Appeals | |
Byas Wofford, IV v. State of Tennessee
The petitioner, Byas Wofford, IV, stands convicted of five counts of identity theft, one count of forgery in an amount over $1,000, and one count of forgery. Pursuant to his plea agreement, the petitioner pleaded guilty to these seven offenses and received an effective 12-year sentence to be |
Madison | Court of Criminal Appeals | |
Jackie F. Curry v. State of Tennessee
The petitioner, Jackie F. Curry, appeals the Knox County Criminal Court's summary dismissal of his petition for post-conviction relief. He claims the trial court erred in finding his petition barred by the Post-Conviction Procedure Act's one-year statute of limitations. He asserts that Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), announced a new rule of constitutional law requiring retroactive application. We affirm the trial court's summary dismissal of the petition. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Stephanie Ann Mays
The State appeals the suppression of evidence by the Obion County Circuit Court. The Defendant, Stephanie Ann Mays, was arrested for criminal trespass, and a search of Mays’ person followed, which revealed the presence of a quantity of cocaine and marijuana. After an evidentiary hearing, the trial court granted Mays’ motion to suppress and dismissed the charges. The State argues that because the police had probable cause to arrest Mays, the resulting search and seizure of the evidence was valid. After review, we conclude that Mays’ arrest for trespass, which was based upon an erroneously generated police document, was invalid as no probable cause existed to arrest. As such, the evidence was properly suppressed. Accordingly, the judgment of the trial court is affirmed. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Alice Irene Thomas
A Weakley County Circuit Court jury convicted the appellant, Alice Irene Thomas, of making a false report, a class D felony. The trial court sentenced her as a Range II, multiple offender to six years. The appellant appeals, claiming that the evidence is insufficient to support the conviction. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Weakley | Court of Criminal Appeals | |
State of Tennessee v. Gustavo Chavez
This case is before us after remand by the Tennessee Supreme Court. The defendant, Gustavo Chavez, pled guilty to one count of aggravated sexual battery, a Class B felony. He was sentenced to ten years at 100% to be served in the Department of Corrections. On appeal, this Court originally affirmed the defendant’s conviction but modified his sentence to eight years due to our determination that the trial court improperly applied a statutory enhancement factor in violation of Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004). Subsequently, our supreme court held in State v. Gomez, 163 S.W.3d 632 (Tenn. 2005) that Tennessee’s sentencing scheme constitutes a non-mandatory scheme which does not violate the Sixth Amendment right to a jury trial as interpreted by Blakely. Accordingly, our supreme court remanded this case for reconsideration in light of Gomez. Upon consideration of Gomez, we affirm the conviction and sentence as originally imposed by the trial court. |
Decatur | Court of Criminal Appeals | |
State of Tennessee v. James C. McWhorter
The defendant, James C. McWhorter, was convicted of two counts of forgery, misdemeanor evading arrest, and felony reckless endangerment. The trial court imposed a four-year sentence for each of the forgery convictions, an eleven month and twenty-nine day sentence for the misdemeanor evading arrest conviction, and a four-year sentence for the felony reckless endangerment conviction. The sentences were ordered to be served concurrently, for a Range II, effective sentence of four years. In this appeal, the defendant asserts (1) that the trial court erred by denying the motion to suppress evidence obtained during a search of his residence; (2) that the trial court erred by denying the motion to suppress the defendant's statement to police; (3) that the trial court erred by denying the motion to sever the offenses; (4) that there was a fatal variance between the indictment and the proof at trial; (5) that Count 3 of the indictment did not charge an offense; (6) that the offenses alleged were legally impossible under the facts of the case; (7) that the evidence was insufficient to support the convictions for evading arrest and reckless endangerment; (8) that the trial court erred by referring to his statement as a "confession;" (9) that the trial court should have given a curative instruction during a co-defendant's testimony; (10) that the sentence is excessive; and (11) that the trial court erred by denying probation. The judgments of the trial court are affirmed. |
Montgomery | Court of Criminal Appeals | |
Melissa Barnett v. State of Tennessee
The petitioner, Melissa Barnett, appeals the trial court's order denying post-conviction relief. The state has filed a motion requesting that this court affirm the trial court's judgment pursuant to Rule 20 of the Tennessee Court of Criminal Appeals. The petition is barred by the statute of limitations and was properly dismissed. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed. |
Polk | Court of Criminal Appeals | |
State of Tennessee v. David M. Whitman, Jr.
The defendant was indicted on two counts of driving under the influence (DUI). After a bench trial, the defendant was found guilty of both counts, but the trial court merged the counts into one conviction for DUI. The trial court sentenced the defendant to eleven months and twenty-nine days in the county jail, to be suspended after serving forty-eight hours in jail. The trial court also revoked the defendant's license for one year and imposed a three hundred fifty dollar fine. On appeal, the defendant argues that: (1) the arresting officer did not have reasonable suspicion to stop his vehicle; (2) the test results from the breath-alcohol test were inadmissible because the officer failed to observe him for the requisite twenty minutes prior to the administration of the test; and (3) the evidence was insufficient to support his conviction. After review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Gabrial Ayuel
The defendant, Gabrial Ayuel, was convicted by a Davidson County jury of attempted first-degree murder and sentenced to twenty years as a Range I standard offender. On appeal, the defendant raises five issues: (1) juror misconduct; (2) prosecutorial misconduct; (3) erroneous evidentiary rulings; (4) improper disclosure of unrelated, outstanding warrants; and (5) sufficiency of the convicting evidence. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jeffery Lynn Anderson
The defendant, Jeffery Lynn Anderson was convicted by a jury of one count of burglary of a motor vehicle. On appeal, the defendant challenges the sufficiency of the convicting evidence. Following our review, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Laranda Conner
The defendant, Laranda Conner, pled guilty to DUI, a Class A misdemeanor, and was sentenced to eleven months, twenty-nine days in the county jail with all but forty-eight hours suspended. As a |
Madison | Court of Criminal Appeals | |
Larry Joe Jones v. David Mills, Warden
The petitioner, Larry Joe Jones, appeals from the trial court’s summary dismissal of his pro se petition for writ of habeas corpus. Following our review, we affirm the trial court’s judgment. |
Lauderdale | Court of Criminal Appeals | |
Quentin L. Hall v. State of Tennessee
The petitioner, Quentin L. Hall, pled guilty to first-degree murder and was sentenced to life imprisonment with the possibility of parole. Approximately eight years later he filed a petition for post-conviction relief, which the post-conviction court denied. On appeal, the petitioner claims the post-conviction court erred in dismissing his petition as untimely. Because the facts of this case do not warrant tolling the post-conviction statute of limitations, we affirm the decision of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Terry Penny v. State of Tennessee
The petitioner, Terry Penny, appeals the post-conviction court's denial of his motion for a corrected judgment and his petition for post-conviction relief arguing his 1976 judgment should be corrected pursuant to Tennessee Rule of Criminal Procedure 36 and his post-conviction petition was not time- barred by the statute of limitations. Following our review, we affirm the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. David M. Olvera
The defendant, David M. Olvera, was convicted of first degree felony murder and especially aggravated robbery and sentenced to concurrent terms of life and twenty years, respectively. On appeal, he argues: (1) the evidence is insufficient to sustain his convictions; (2) the trial court erred in denying his motion to suppress his statement to police; (3) the trial court erred in allowing an intern from the district attorney general's office to participate in reading the defendant's statement to the jury; and (4) the trial court erred in charging the jury on flight. Following our review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Romelus Caraway
The Appellant, Romelus Caraway, was convicted by a Shelby County jury of aggravated perjury. On appeal, Caraway argues that the evidence is insufficient to support his conviction. After review, we conclude that the proof fails to establish that Caraway’s perjurious testimony was material to the proceeding at which the testimony was presented. Because materiality is an essential element of the offense of aggravated perjury, we reduce Caraway’s conviction to reflect a conviction for the lesser included offense of simple perjury. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Charles Edward Greer
The defendant, Charles Edward Greer, was convicted of three counts of sale of more than 0.5 grams of cocaine and three counts of delivery of more than 0.5 grams of cocaine, all Class B felonies. The trial court merged the three convictions for delivery of cocaine into the accompanying convictions for the sale of cocaine and imposed concurrent, Range I sentences of eight years on each. In this appeal as of right, the defendant challenges the sufficiency of the evidence. The judgments are affirmed. |
Madison | Court of Criminal Appeals |
