Lewis A. Grimes v. State of Tennessee
The Petitioner, Lewis A. Grimes, appeals the lower court’s denial of his petition for post-conviction 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 petition was filed outside the applicable statute of limitation and is, therefore, time-barred. Accordingly, we affirm the trial court’s dismissal. |
Shelby | Court of Criminal Appeals | |
Kelvin Hooks v. State of Tennessee
This matter is before the Court upon the motion of appointed counsel seeking permission to withdraw from further representation of the Appellant in the above-captioned appeal pursuant to Rule 22, Rules of the Tennessee Court of Criminal Appeals. Counsel claims that there are no |
Shelby | Court of Criminal Appeals | |
Michael Bell v. Tony Parker, Warden
The Petitioner, Michael Bell, 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 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. |
Lake | Court of Criminal Appeals | |
Reginald L. Almo v. State of Tennessee
The Petitioner, Reginald Almo, 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. Because the petition fails to grant a cognizable claim for habeas corpus relief, we grant the State's motion and affirm the judgment of the lower court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Russell L. Tipton
The defendant challenges the District Attorney General's denial of pretrial diversion pursuant to Tennessee Rule of Appellate Procedure 9. Specifically, he avers that the District Attorney General abused his discretion and failed to consider all relevant factors. Upon careful consideration, we reverse the judgment of the trial court and remand for the District Attorney General's further consideration of all applicable factors, discussion of the evidence supporting those factors, and an explanation of the weight accorded to each. |
Franklin | Court of Criminal Appeals | |
State of Tennessee v. Terry Edward Jones
Terry Edward Jones pleaded guilty to solicitation of first degree murder, for which he received an eight-year incarcerative sentence. Aggrieved of the trial court's failure to grant his request for alternative sentencing, he brings the instant appeal challenging his manner of service. After a thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
Antonio Dewayne Bledsoe v. State of Tennessee
The Appellant, Antonio Dewayne Bledsoe, appeals the denial of his petition for post-conviction relief by the Davidson County Criminal Court. On appeal, Bledsoe contends that he was denied the effective assistance of counsel and, as a result, his nolo contendere plea was not knowingly and voluntarily entered. After review, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Gloria M. Patton Stovall
The defendant appeals the trial court's revocation of her probation based upon a new law violation, to wit: introduction of contraband into a penal facility. Specifically, she contends that: (1) no proof was presented that Soma is a controlled substance or legend drug; (2) the trial court improperly took judicial notice that Soma is a controlled substance; (3) no proof was presented of unlawful intent; and (4) the revocation order does not properly state the evidence relied upon and reason for revoking probation. Upon our review, we conclude that there was substantial evidence to support the finding of a new law violation; we affirm the judgments of the trial court. |
Franklin | Court of Criminal Appeals | |
State of Tennessee v. Jeffery Hayes
The defendant, Jeffery Hayes, entered an open guilty plea to one count of the sale of less than .5 grams of cocaine, a Class C felony, two counts of the sale of more than .5 grams of cocaine, Class B felonies, and one count of possession with intent to sell more than .5 grams of cocaine, a Class B felony. He was sentenced to an effective sentence of ten years as a Range I standard offender. On appeal, he argues that the trial court erred in imposing an excessive sentence and denying alternative sentencing. Following our review, we affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
Kenya Davis v. State of Tennessee
The petitioner, Kenya Davis, appeals from the trial court's order dismissing 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 that he is entitled to habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed. |
Knox | Court of Criminal Appeals | |
Howard Duty, Jr. v. State of Tennessee
The petitioner, Howard Duty, Jr., appeals from the post-conviction court's denial of post-conviction relief. On appeal, he contends that the post-conviction court erred in finding that he received the effective assistance of counsel. Following our review, we affirm the denial of post-conviction relief. |
Sullivan | Court of Criminal Appeals | |
Kelvin Lee Howard v. State of Tennessee
The petitioner, Kelvin Lee Howard, appeals from the post-conviction court’s denial of post-conviction relief. On appeal, he contends that he received the ineffective assistance of counsel which caused him to enter unknowing and involuntaryguilty pleas. Following our review, we affirm the judgment of the post-conviction court denying post-conviction relief. |
Tipton | Court of Criminal Appeals | |
James Eugene Yates v. State of Tennessee
The Petitioner, James Eugene Yates, 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 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. |
Shelby | Court of Criminal Appeals | |
Joseph L. Tims v. Tony Parker, Warden
The Petitioner, Joseph L. Tims, 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 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. |
Lake | Court of Criminal Appeals | |
Christopher Robertson v. Stephen Dotson
The Petitioner, Christopher Robertson, 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 file a timely notice of appeal document. This Court finds that justice does not require waiver. Accordingly, the above-captioned appeal is dismissed. |
Hardeman | Court of Criminal Appeals | |
Tyrone Chalmers v. State of Tennessee
The Petitioner, Tyrone Chalmers, appeals the trial court's denial of his petition for post-conviction 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. Because the petition for post-conviction relief is time-barred by the statute of limitations, we grant the State's motion and affirm the judgment of the lower court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jonathan Harris
The defendant, Jonathan Harris, was convicted by jury of attempted second degree murder, a Class B felony; voluntary manslaughter, a Class C felony; and theft of property valued between $10,000 and $60,000, a Class C felony. The trial court sentenced the defendant as a Range I, standard offender to twelve years for the attempted second degree murder conviction, six years for the voluntary manslaughter conviction, and five years for the theft of property conviction. The trial court ordered the sentences to run consecutively for an effective sentence of twenty-three years. On appeal, the defendant argues: (1) the trial court erred in not suppressing the defendant’s statements and journal; (2) the evidence was insufficient to support his convictions; (3) and the trial court erred in imposing an excessive sentence. Following our review, we affirm the judgments of the trial court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Johnny Eugene Stubblefield
Following a jury trial, the defendant was found guilty of two counts of sale of a Schedule III controlled substance (Lortab), a Class D felony, and sentenced as a Range I, standard offender, to concurrent four-year sentences. He appeals to this Court contending that: (1) the evidence presented was insufficient to show that the defendant acted knowingly; (2) the evidence presented was insufficient to show that the transaction constituted a sale; (3) the trial court erred in finding that the dispensing of prescription drugs creates a high risk of harm to human life; and (4) the trial court erred in denying alternative sentencing. Following our review, we affirm the defendant's convictions and sentences. |
Lewis | Court of Criminal Appeals | |
State of Tennessee v. Otis Miller, III
The appellant, Otis Miller, III, pled guilty to four (4) counts of aggravated sexual battery. As a result of the guilty plea, the trial court sentenced the appellant to ten (10) years on each conviction and ordered the first two counts to be served concurrently and the last two counts to be served concurrently. The trial court ordered that the first two counts be served consecutively to the remaining two counts, for an effective sentence of twenty (20) years. On appeal, the appellant challenges the trial court's application of certain enhancement factors in violation of Blakely v. Washington, 542 U.S. ___, 124 S. Ct. 2531 (2004), and the trial court's decision to order consecutive sentences. Because our supreme court recently determined that Blakely has no application in Tennessee, we have reviewed the appellant's sentence de novo. Despite the trial court's improper application of several enhancement factors, we affirm the appellant's sentence because we determine that the existence of enhancement factor (16) justifies enhancement of the sentence from eight (8) to ten (10) years. We also affirm the trial court's decision to order consecutive sentences. |
Davidson | Court of Criminal Appeals | |
James C. Breer v. State of Tennessee
The Appellant, James C. Breer, appeals the Henry County Circuit Court’s dismissal of his petition for post-conviction relief. On appeal, Breer argues that trial counsel was ineffective for (1) failing to investigate and prepare for trial, and (2) failing to advise him of his right to testify at trial in violation of Momon v. State, 18 S.W.3d 152 (Tenn. 1999). After review, we conclude that issue (1) is without merit. However, with regard to issue (2), we conclude that the record does not support the trial court’s finding that Breer personally waived his right to testify as required by Momon. Moreover, because the procedural guidelines adopted in Momon for determining whether the error was harmless were not followed, we find it necessary to remand for resolution of this issue. |
Henry | Court of Criminal Appeals | |
Collier v. Harris v. State of Tennessee
The petitioner appeals from the post-conviction court’s denial of post-conviction relief. On appeal, he contends that he received the ineffective assistance of counsel when his trial counsel failed to properly investigate and prepare his case for trial. Following our review, we affirm the judgment of the post-conviction court denying post-conviction relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Korie Bates
The defendant appeals his convictions for attempted second-degree murder and aggravated robbery. Specifically, he avers that, (1) the evidence was insufficient to support the verdicts; (2) the State’s failure to disclose the statement of an unindicted co-conspirator constitutes a Brady violation and entitles him to a new trial; (3) the sentence was issued in error, in light of Blakely v. Washington; and (4) the cumulative effect of all errors merits a new trial. Following our review, we affirm the convictions and the sentences imposed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jerry L. Sandridge
The defendant, Jerry L. Sandridge, was convicted by a jury of two counts 1 of aggravated robbery. On direct appeal, this Court modified one of the convictions to aggravated assault and remanded for re-sentencing. State v. Franklin, 130 S.W.3d 789 (Tenn. Crim. App. 2003). At a subsequent sentencing hearing, the trial court sentenced the defendant as a career offender to fifteen years in the Department of Correction. In this appeal, the defendant presents the single issue of whether the trial court properly classified him as a career offender. We affirm the judgment of the trial court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Syrus Maurice Coleman
A Dyer County jury convicted the defendant, Syrus Maurice Coleman, of possession of .5 grams or more of cocaine with the intent to sell or deliver, a Class B felony. The trial court sentenced the defendant as a multiple offender to fourteen years in the Department of Correction. On appeal, the defendant argues that the evidence is insufficient to support his conviction. Upon our review of the evidence, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
Ervin Davis v. Warden Glenn Turner and State of Tennessee
The petitioner 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. |
Hardeman | Court of Criminal Appeals |
