Joseph B. Thompson v. State of Tennessee
The Petitioner, Joseph B. Thompson, was convicted of aggravated robbery and aggravated kidnapping, and the trial court sentenced him to an effective sentence of forty years. On direct appeal, this Court affirmed the Petitioner's convictions and sentences. The Petitioner filed a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. On appeal, the Petitioner contends that the post-conviction court erred when it dismissed his petition because: (1) he received ineffective assistance of counsel; (2) the State caused exculpatory evidence to be lost and unavailable to the Petitioner; (3) the trial court denied his right to allocution; (4) the trial court improperly limited trial counsel's time for closing argument; (5) the trial court erred when it ruled that the Petitioner could not instruct his trial counsel about trial strategy; and (6) the trial court erred by instructing the jury concerning the amount of fines to be imposed. After thoroughly reviewing the record and the applicable law, we affirm the judgment of the post-conviction court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Deon Larkins
The appellant, Deon Larkins, was convicted by a jury of carjacking. As a result, the trial court sentenced the appellant to twelve (12) years. On appeal, the appellant argues: (1) that the trial court erred in denying his motion to suppress; (2) that the trial court erred in failing to sustain the objections regarding hearsay; (3) that the trial court erred in denying the motion to dismiss based on a false warrant; (4) that the trial court should have granted a mistrial because the jury made a statement that was unfairly prejudicial; (5) that the appellant's constitutional rights were violated because of a "second setting" of the jury after the first panel of jurors was dismissed; (6) that the trial court erred by not "bringing" a material witness to testify; (7) that the evidence was insufficient to support the appellant's conviction; and (8) the appellant's sentence is excessive. After a thorough review of the evidence, we determine that a number of the appellant's first six (6) issues are waived for failure to prepare an adequate record for our review. As to the remaining issues, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Steven Paul Deskins v. State of Tennessee
The petitioner, Steven Paul Deskins, was convicted of seven (7) counts of rape of a child and four (4) counts of aggravated sexual battery. On appeal, this Court reversed one (1) of the petitioner's convictions for aggravated sexual battery, finding that it violated due process and double jeopardy, but otherwise affirmed the remaining convictions. See State v. Steven Paul Deskins, No. M2002-01808-CCA-R3-CD, 2003 WL 21957083 (Tenn. Crim. App., at Nashville, Aug. 14, 2003), perm. app. denied (Tenn. Jan. 5, 2004). The petitioner filed a petition for post-conviction relief alleging, inter alia, ineffective assistance of counsel. Following an evidentiary hearing, the post-conviction court denied post-conviction relief. After a thorough review of the record and the applicable authorities, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Bryan John Drost
The Appellant, Bryan John Drost, was convicted by a Tipton County jury of possession of .5 grams or more of cocaine with the intent to deliver, and he was subsequently sentenced to ten years and six months confinement in the Department of Correction. On appeal, he challenges the trial court’s |
Tipton | Court of Criminal Appeals | |
Fredrick Sledge v. State of Tennessee
Petitioner, Fredrick Sledge, appeals the trial court’s dismissal of his petition for post-conviction relief. In this appeal, Petitioner argues that his counsel’s representation at trial was deficient because he failed to file a motion to suppress Petitioner’s statement to the police, and he failed to investigate Petitioner’s case or interview any witnesses. After a thorough review of the record, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael R. Harness
The defendant, Michael R. Harness, pled guilty to attempted aggravated sexual battery, a Class C felony, and the Union County Criminal Court sentenced him as a child rapist to five years to be served at one hundred percent in the Department of Correction. The defendant appeals, contending that the trial court erred in applying enhancement factors in sentencing, in denying him alternative sentencing, and in sentencing him as a child rapist to serve his sentence at one hundred percent. We hold the trial court erred in classifying the defendant as a child rapist, in applying an enhancement factor, and in failing to apply a mitigating factor based on the defendant's poor health. We modify his sentence to four years with a release eligibility of thirty percent to reflect his status as a Range I, standard offender. In all other respects, we affirm the judgment of the trial court, and we remand the case for entry of a judgment consistent with this opinion. |
Union | Court of Criminal Appeals | |
Jason Crawford v. State of Tennessee
The petitioner, Jason Crawford, appeals the denial of his petition for post-conviction relief. The single issue presented for review is whether he was denied the effective assistance of counsel. The judgment of the post-conviction court is affirmed. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Beard
The defendant, Kenneth Beard, entered a plea of guilty to rape, a Class B felony. The trial court imposed a Range I, eight-year sentence. Although the defendant was granted probation, the first year was intensely supervised and the entire term involved special conditions of release. After violating the terms of probation by testing positive for cocaine use and serving nine months in jail, the defendant was reinstated to probation. Shortly thereafter, another probation violation warrant was issued and the trial court required the defendant to serve an additional year in jail as a part of a split confinement sentence. Upon review after the one year period of incarceration, the trial court ordered execution of the original judgment, requiring service of the balance of the term in prison. The judgment of the trial court must be reversed and the cause remanded for service of the sentence on conditional probation. |
Davidson | Court of Criminal Appeals | |
Cortez Bennett v. State of Tennessee
A jury convicted the Petitioner, Cortez Bennett, of first degree premeditated murder, felony murder, attempted first degree murder, and two counts of especially aggravated robbery. 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 at trial. 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 | |
Harold Bernard Schaffer v. State of Tennessee
The petitioner pled guilty to one count of failure to appear in case number 00-99 stemming from the terms included in a previous guilty plea in case number 99-228. The petitioner then filed a petition for post-conviction relief stating he was afforded ineffective assistance of counsel in case number |
Dyer | Court of Criminal Appeals | |
Ashley Nesbitt v. State of Tennessee
A Shelby County jury convicted the petitioner of several crimes including first degree murder, attempted first degree murder, attempted first degree premeditated murder and aggravated robbery. On direct appeal, we reversed and dismissed the conviction for attempted first degree premeditated murder. The petitioner then filed a petition for post-conviction relief alleging several grounds. The post-conviction court denied his petition in a written order. We affirm the post-conviction court’s |
Shelby | Court of Criminal Appeals | |
Joe Davis Martin, Jr. v. State of Tennessee
The petitioner, Joe Davis Martin, Jr., appeals from the trial court's denial of his pro se petition for habeas corpus relief. In that petition, the petitioner sought a writ of habeas corpus to release him from his sentences for attempted first degree murder, first degree murder, and attempted second degree murder based on what he alleged was the trial court's improper interpretation and application of Tennessee Code Annotated section 40-35-115(a). We are persuaded that the trial court was correct in summarily dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the judgment of the trial court is affirmed. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Roberto Vasques, Luis D. Vidales Romero, Kevin Joel Hernandez, Luis Martin Vasquez, Hector Alonzo, and Victor Hugo Garza
A Davidson County Criminal Court jury convicted the defendants of conspiracy to possess with intent to sell more than seventy pounds of marijuana within one thousand feet of a school zone, a Class A felony, and the trial court sentenced each of them to fifteen years confinement at one hundred percent in the Department of Correction. The defendants appealed their convictions, with various defendants claiming that the evidence was insufficient, that the Tennessee Drug Free School Zone Act was unconstitutional, that the trial court erred in instructing the jury, that the state's continued reference to the defendants' ethnicity was overly prejudicial, that the state's introduction of evidence concerning the presence of weapons was irrelevant and overly prejudicial, and that the jury's verdict lacked unanimity. However, before oral argument, this court stayed the appellate proceedings based upon the defendants filing petitions for coram nobis relief in the trial court. The trial court thereafter granted the petitions for coram nobis relief and vacated the defendants' convictions, and the state now appeals, claiming the trial court improperly granted coram nobis relief to each defendant. In these consolidated cases, we affirm the trial court's coram nobis judgment as to the defendants Luis Vasquez and Victor Garza but reverse the judgment as to the other defendants. On direct appeal of the underlying convictions, we hold the trial court erred in not instructing the jury about facilitation but that the error did not affect a substantial right of Roberto Vasques, Luis D. Vidales Romero, Kevin Joel Hernandez, or Hector Alonzo, and we affirm their convictions. |
Davidson | Court of Criminal Appeals | |
John E. Carter v. State of Tennessee
The petitioner, John E. Carter, appeals from the trial court's order construing his untitled pleading as one for writ of habeas corpus and denying relief. The state has filed a motion requesting that his court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petitioner has failed to establish that he is entitled to habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. John L. Wright
The Defendant, John L. Wright, was convicted of driving under the influence ("DUI"), fifth offense, and of violating the implied consent law. The Defendant now appeals, contending that: (1) the trial court erred when it denied his motion to suppress statements the Defendant made to the police; (2) the trial court improperly concluded that the Defendant's arrest was lawful; and (3) the evidence is insufficient to sustain his DUI conviction. Finding that there exists no reversible error, we affirm the judgments of the trial court. |
Maury | Court of Criminal Appeals | |
Erick Bailey v. State of Tennessee
The petitioner, Erick Bailey, was found guilty of second degree murder and felony murder. His conviction of second degree murder was merged into his conviction of felony murder, and he was sentenced to life imprisonment. Subsequently, the petitioner filed a petition for post-conviction relief, alleging that his trial counsel were ineffective. The post-conviction court denied the petition, and the petitioner appeals. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Robert L. Gibson
The Wilson County Grand Jury indicted the defendant, Robert Louis Gibson, on one count of sexual battery, a Class E felony. The defendant filed an application for pretrial diversion, which the prosecutor denied. On petition for writ of certiorari, the trial court affirmed the prosecutor's decision to deny pretrial diversion. In this interlocutory appeal, the defendant contends that the prosecutor abused his discretion in denying his application for pretrial diversion by improperly and unfairly weighing the factors used to determine whether diversion should be granted. Based upon our review, we affirm the order of the trial court. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Halbert Varnell
A Hamilton County jury convicted the Defendant, Halbert Varnell, of driving under the influence ("DUI"). The Defendant admitted that he had three previous DUI convictions, and the trial court sentenced him for DUI, fourth offense, a Class E felony. The Defendant now appeals, contending that: (1) insufficient evidence was presented at trial to support his DUI conviction; and (2) the trial court erred by permitting improper closing argument by the State. Finding no reversible error, we affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Lorenzo Bene Ware
The defendant, Lorenzo Bene Ware, was convicted by a Davidson County jury of two counts of sexual battery by an authority figure, class C felonies. The trial court denied the defendant's request for probation and sentenced him to serve concurrent terms of three years in confinement. On appeal, the defendant argues that the trial court erred in denying his request for probation. After considering the record and the relevant authorities, we conclude the defendant has waived this issue and affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Kevin Jerron Cook v. State of Tennessee
In this post-conviction action the petitioner contends that: (1) trial counsel was ineffective in failing to advise him of the effect his plea would have on his eligibility for rehabilitative programs and less restrictive forms of confinement during his federal sentence; and (2) his plea was involuntary and unknowing. Following our review, we conclude that counsel was not ineffective for failing to advise the petitioner of a collateral consequence of his plea and that his plea was knowingly and voluntarily entered. Therefore, we affirm the denial of post-conviction relief. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Brandon Miller Waire
The defendant, Brandon Miller Waire, was convicted of possession of cocaine with intent to resell and possession of marijuana with intent to resell. The trial court imposed Range I sentences of six years and two years, respectively, which were ordered to be served consecutively to each other and consecutively to a previously imposed sentence. The defendant was fined two-thousand dollars in each case and ordered to serve his sentence on intensive probation. Later, the probation was revoked and the defendant was ordered to serve his sentence in the Department of Correction. The single issue presented for review is whether the trial court properly revoked probation. The judgment is affirmed. |
Maury | Court of Criminal Appeals | |
Danny James McAlpin v. State of Tennessee
The petitioner, Danny James McAlpin, appeals the denial of post-conviction relief. The single issue presented for review is whether he was denied the effective assistance of counsel. The judgment is affirmed. |
Robertson | Court of Criminal Appeals | |
Terry Stephens v. State of Tennessee
The petitioner, Terry Stephens, appeals the trial court's denial of his petition for habeas corpus relief. In this appeal, he alleges that his judgment is void because his sentence was imposed by the trial judge rather than a jury, in violation of the requirements of Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004). The judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Nelius O. Ellis
The defendant, Nelius O. Ellis, contests the trial court's order revoking his probation and reinstating his original sentence. The judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
Bobby Lee v. State of Tennessee
The Appellant, Bobby Lee, appeals the Obion County Circuit Court’s denial of his petition for post-conviction relief. Lee was convicted of attempted first degree murder and received a sixty-year Department of Correction sentence as a career offender. On appeal, Lee contends that trial counsel’s failure to call favorable witnesses denied him his Sixth Amendment right to the effective assistance of counsel. After review of the record, we affirm the denial of post-conviction relief. |
Obion | Court of Criminal Appeals |
