Kevin Joseph Karr v. State of Tennessee
Appellant, Kevin Joseph Karr, has appealed from the trial court's order summarily dismissing, without an evidentiary hearing, his petition for writ of habeas corpus. The State has filed a motion for the trial court's judgment to be affirmed pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. We grant the motion and affirm the judgment of the trial court. After the State's motion was filed, Appellant filed a motion for an attorney to be appointed to represent him. In light of our ruling on the State's motion, the defendant's motion is denied by separate order. |
Wayne | Court of Criminal Appeals | |
Michael Keith Kennedy v. Kevin Myers, Warden
The petitioner, Michael Keith Kennedy, entered pleas of nolo contendere in Chester County and in Henderson County to aggravated burglary, possession of marijuana, and numerous counts of burglary of an automobile, theft, and vandalism. The petitioner received a total effective sentence of fifteen years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for a writ of habeas corpus. The habeas corpus court summarily denied the petition, and the petitioner appeals the denial. Upon our review of the record and the parties’ briefs, we affirm the judgment of the habeas corpus court. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Frankie Sue Dees
The defendant, Frankie Sue Dees, pled guilty to one count of theft over $1,000. The trial court imposed a Range I sentence of two years in the Department of Correction. In this appeal, the defendant asserts that the trial court should have placed her on community corrections or full probation. The judgment of the trial court is affirmed. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Billy Ray Riley
A Madison County Circuit Court jury convicted the appellant, Billy Ray Riley, of theft of property valued one thousand dollars or more but less than ten thousand dollars, and the trial court sentenced him as a Range III offender to twelve years in the Department of Correction. In this appeal, the appellant claims 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. |
Madison | Court of Criminal Appeals | |
Johnny L. Butler v. State of Tennessee
The petitioner, Johnny L. Butler, appeals the dismissal of his petition for writ of error coram nobis. In this appeal, he asserts that his conviction is void because the indictment was defective and that his guilty plea was not knowingly and intelligently made. The judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
Christopher Robert Smith v. State of Tennessee
The petitioner, Christopher Robert Smith, seeks post-conviction relief on the basis of ineffective assistance of counsel. After being convicted by a jury of conspiracy to possess with intent to manufacture, deliver or sell over 300 grams of cocaine, the petitioner appealed. On direct appeal this Court affirmed both his conviction and sentence. State v. Christopher Robert Smith, No. M2001-02297-CCA-R3-CD, 2002 WL 31202132 (Tenn. Crim. App., at Nashville, Sept. 27, 2002), perm. app. denied (Feb. 24, 2003). The petitioner then filed a petition for post-conviction relief. After a hearing, the post-conviction court dismissed the petition. For the following reasons, we affirm the post-conviction court's dismissal of the petition for post-conviction relief. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Mark S. Armstrong
A Rutherford County jury convicted the Defendant, Mark S. Armstrong, of aggravated rape, and the trial court sentenced the Defendant to twenty years, as a Range I offender. On appeal, the Defendant contends that: (1) the trial court erred when it failed to grant the Defendant’s motion for a mistrial when inadmissible evidence was admitted through an inadequate redaction of a videotaped statement; (2) the trial court erred in failing to provide an adequate limiting instruction to the jury regarding a videotape sound malfunction; (3) the trial court erred when it failed to require the State to make an election of the offense for which it sought a conviction; (4) the trial court erred in failing to grant the Defendant’s motion for judgment of acquittal; and (5) the evidence is insufficient to sustain the Defendant’s conviction. Finding no error, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
Anthony D. Forster v. State of Tennessee
In an opinion filed June 24, 2005, this court affirmed the trial court's dismissal of the petitioner's petition for post-conviction relief, concluding that the single issue presented in the petition, whether the waiver of the right to counsel was voluntary, had been previously determined by this court on direct appeal. On July 11, 2005, the petitioner, Anthony Forster, filed a petition to rehear pursuant to Tennessee Rule of Appellate Procedure 39. He complains that this court misapprehended a material fact and that this court ruled on an issue upon which the parties had not been heard. He asserts that this court erred by concluding that the issue had been previously determined because the propriety of this court's opinion on direct appeal had not been addressed. Further, he contends that the parties were not heard on the issue because the state in its brief asserted that the issue had been waived and did not address the merits of the claim. |
Davidson | Court of Criminal Appeals | |
Christopher Cook v. State of Tennessee
The petitioner, Christopher Cook, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of trial counsel. After our review, we affirm the post-conviction court's denial of the petition. |
Davidson | Court of Criminal Appeals | |
Melvin E. Waters v. Kenneth Locke, Warden
This matter is before the Court upon the State’s motion to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petitioner has appealed the trial court’s order summarily dismissing the petition for the writ of habeas corpus. In that petition the petitioner sought a writ of habeas corpus to release him from his sentence for facilitating aggravated robbery. 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 State’s motion is granted, and the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
Jorge Acosta Rubio v. Tony Parker, Warden
The Petitioner, Jorge Acosta Rubio, appeals the trial court's denial of his petition for habeas corpus relief. 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. The Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we grant the State’s motion and affirm the judgment of the lower court. |
Lake | Court of Criminal Appeals | |
Clyde T. Smith v. State of Tennessee
The Defendant, Clyde T. Smith, appeals from the trial court's dismissal of his petition seeking habeas corpus relief. 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. The State's motion is granted. The judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
Christopher A. Johnson v. State of Tennessee
The petitioner, Christopher A. Johnson, appeals from the trial court's order denying his petition for writ of habeas corpus. The State has filed a motion requesting that this 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 a cognizable claim for habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Hamilton | Court of Criminal Appeals | |
William P. Livingston, Jr. v. State of Tennessee
The petitioner, William P. Livingston, Jr., appeals the dismissal by the Hamblen County Criminal Court of his petition for post-conviction relief. After review of the record, we affirm. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Brian Carl Lev
The Appellant, Brian Carl Lev, appeals the denial of judicial diversion following his guilty pleas to two counts of statutory rape. After review, we reverse the sentencing decision of the trial court and remand for deferment of the proceedings as provided by Tennessee Code Annotated section 40-35-313 (2003). |
Knox | Court of Criminal Appeals | |
Mario A. Leggs v. State of Tennessee
The petitioner was convicted by a jury in the Johnson County Circuit Court of multiple offenses, and he received a total effective sentence of twenty-two years, eleven months, and twenty-nine days. Subsequently, the petitioner filed a petition for a writ of habeas corpus, alleging that Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), renders his sentences void. The trial court summarily dismissed the petition, which dismissal the petitioner appeals. The State 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. Upon review of the record and the parties' briefs, we conclude that the petition was properly dismissed. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Johnson | Court of Criminal Appeals | |
Ronnie Lee Holt v. State of Tennessee
The petitioner challenges the denial of his habeas corpus petition, in which he contended that his absence from voir dire violated his constitutional rights and Tennessee Rule of Criminal Procedure 43(a) because he did not personally waive the right to be present. We initially note that, at the time of the petitioner's trial, a personal waiver of the right was not required. We conclude that there is no jurisdictional defect apparent from the record. Therefore, we affirm the denial of habeas relief. |
Davidson | Court of Criminal Appeals | |
Author Ray Turner v. State of Tennessee
The Petitioner, Author Ray Turner, appeals the trial court's denial of his motion to reopen his petition for post-conviction relief contending that Blakely v. Washington, 542 U.S. __, 124 S.Ct. 2531 (2004) established a new rule of law that was retrospectively applicable to his case and entitled him to reopen his post-conviction proceedings. 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. We find the State's motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Eddie Hatchett
A Shelby County Criminal Court jury convicted the defendant, Eddie Hatchett, of aggravated assault, a Class C felony, and the trial court sentenced him as a Range II, multiple offender to eight years in the Department of Correction. The defendant appeals, claiming the evidence is insufficient because the state failed to negate his claim of self-defense. We affirm the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Steven Andrew Tidwell
The defendant, Steven Andrew Tidwell, tried for aggravated burglary and theft of property between $500 and $1,000, was convicted of theft. The trial court imposed a two-year sentence to be served in the Department of Correction. In this appeal of right, the defendant argues that the evidence was insufficient, that the trial court erred by ruling that the state could cross-examine him with a prior burglary offense for which he had received judicial diversion, and that the sentence is excessive. The judgment of the trial court is affirmed. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Philip Navel
This is a direct appeal of the sentence imposed for an aggravated sexual battery conviction entered pursuant to a guilty plea. The Defendant was sentenced as a Range I, standard offender to twelve years to be served in the Tennessee Department of Correction (TDOC). He now challenges his |
Gibson | Court of Criminal Appeals | |
Walter Earl Preston v. David Mills, Warden
The petitioner, Walter Earl Preston, appeals the Lauderdale County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. He claims that his sentences are illegal, thereby rendering his judgments of conviction void. We affirm the trial court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Daniel Cleveland and Matthew Harville
This is a direct appeal as of right by the State from a denial of its petitions to have Defendants Daniel Cleveland and Matthew Harville declared habitual offenders pursuant to the Motor Vehicle Habitual Offender (MVHO) statute. See Tenn. Code Ann. § 55-10-601 et seq. On appeal, the State argues that the language of section 603(2)(A) of the MVHO statute contains an error, and therefore legislative intent and the “entire scheme” of the statute require this Court to interpret the provision in question by changing its conjunctive construction to disjunctive. We disagree, and we affirm the |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Billy Dewayne Walker
The state appeals the McNairy County Circuit Court’s order suppressing drug-related evidence seized from the home of the defendant, Billy Dewayne Walker, pursuant to a search warrant. The state contends that the trial court erred in finding that the information contained in the affidavit accompanying the search warrant was insufficient to establish probable cause for the search. We agree and reverse the trial court’s ruling. |
McNairy | Court of Criminal Appeals | |
State of Tennessee v. Christopher Kirkendall
The defendant, Christopher Kirkendall, was convicted of facilitation of attempted second degree murder and two counts of facilitation of aggravated robbery. On appeal, this court affirmed the convictions but modified the sentences, holding that enhancement factors (3), (10), and (21) were applied in violation of the United States Supreme Court's ruling in Blakely v. Washington, 542 U.S. ___, 124 S. Ct. 2531 (2004). The state filed an application for permission to appeal to our supreme court pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure. The supreme court granted the state's application and remanded the case to this court for reconsideration as a result of its opinion in State v. Edwin Gomez and Jonathan S. Londono, ___S.W.3d ___, No. M2002-01209-SC-R11-CD (Tenn. Apr. 15, 2005). Based upon the Gomez decision, the judgments of the trial court must be affirmed. |
Shelby | Court of Criminal Appeals |
