State of Tennessee v. Douglas M. Ferguson
The Defendant, Douglas M. Ferguson, was convicted of two counts of aggravated assault, a Class C felony, and was sentenced to five years’ probation. See T.C.A. § 39-13-102 (2018). Subsequently, the trial court found the Defendant violated conditions of his probation and ordered him to serve his sentence in confinement. On appeal, the Defendant contends that the trial court erred by ordering the Defendant to serve the remainder of his sentence. We affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
Patrick L. Moore v. Russell Washburn, Warden
Patrick L. Moore, Petitioner, appeals from the dismissal of two petitions for habeas corpus relief which were consolidated by this Court on appeal. After a thorough review, we affirm the dismissal of the petitions. |
Trousdale | Court of Criminal Appeals | |
State of Tennessee v. Xavier Montelious Riley
Xavier Montelious Riley, Defendant, entered a best interest guilty plea with the length and manner of the service of the sentence to be determined following a sentencing hearing. The trial court denied an alternative sentence and imposed an effective sentence of ten years and six months to be served in confinement. After a review of the record and applicable law and finding no error, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Jasper Lee Vick
The petitioner, Jasper Lee Vick, appeals from the summary dismissal of his petition for post-conviction DNA analysis. Following our review, we affirm the judgment of the post-conviction court summarily dismissing the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Cedarius J. Robertson
The Appellant, Cedarius J. Robertson, was convicted in the Madison County Circuit Court of being a convicted felon in possession of a firearm, a Class B felony; tampering with evidence, a Class C felony; driving under the influence (DUI) and DUI per se, Class A misdemeanors; possessing a handgun while under the influence, a Class A misdemeanor; and failing to maintain his lane of travel, a Class C misdemeanor. After a sentencing hearing, the trial court merged the DUI convictions and ordered that he serve an effective thirteen-year sentence in confinement. On appeal, the Appellant contends that the evidence is insufficient to support his convictions of being a convicted felon in possession of a firearm and possession of a handgun while under the influence. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Christopher Lynn Inman
Defendant, Christopher Lynn Inman, was convicted by a jury of introduction of contraband into a penal facility and possession of marijuana. Following a sentencing hearing, the trial court sentenced Defendant as a Range II multiple offender to an effective sentence of six years’ incarceration. In this direct appeal, Defendant asserts that the trial court erred by admitting the marijuana into evidence because the State failed to establish a proper chain of custody and that the evidence was insufficient to support his conviction for introduction of contraband into a penal facility. Following our review of the record and the briefs of the parties, we affirm the judgments of the trial court. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Gregory Gilliam
A Shelby County jury convicted the Defendant, Gregory Gilliam, of four counts of possession of a controlled substance with intent to sell or deliver and one count of being a felon in possession of a firearm. The trial court sentenced the Defendant to an effective sentence of forty-two years. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. After review, we affirm the trial court’s judgments. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Donald Ray Pennington, Jr.
The Bradley County Grand Jury indicted Defendant, Donald Ray Pennington, Jr., for two counts of rape of a child. Following a trial, a jury found Defendant guilty of rape of a child in count 1 and the lesser-included offense of aggravated sexual battery in count 2. On appeal, Defendant asserts that: (1) the evidence is insufficient to support his conviction for rape of a child; (2) he is entitled to relief under plain error due to prosecutorial misconduct; and (3) the trial court erred in imposing consecutive sentences. Following a thorough review of the record and applicable law, we affirm the judgments of the trial court. |
Bradley | Court of Criminal Appeals | |
Aaron Reinsberg v. State of Tennessee
The petitioner, Aaron Reinsberg, appeals the denial of his petition for post-conviction relief, which petition challenged his convictions of rape, assault, and official misconduct, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
Darius Jones v. State of Tennessee
The petitioner, Darius Jones, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial and on appeal. Following our review, we affirm the post-conviction court’s denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Broyles
The Defendant, Michael Broyles, was convicted by a Greene County Criminal Court jury of four counts of cruelty to animals, a Class A misdemeanor. See T.C.A. § 39-14-202(a)(2) (2018). The trial court denied judicial diversion and sentenced the Defendant to eleven months, twenty-nine days for each conviction and imposed the sentences concurrently. The court ordered split confinement consisting of ninety days’ jail service followed by probation. On appeal, the Defendant contends that (1) the animal cruelty statute under which he was convicted is unconstitutionally vague, (2) the evidence is insufficient to support his convictions, (3) the court erred in denying judicial diversion, (4) the court erred in imposing a sentence involving confinement, and (5) the court erred in imposing fines and restitution without making the appropriate factual findings. We affirm the judgments of the trial court. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Antonio D. Blaylock
The Defendant, Antonio D. Blaylock, entered an open plea to multiple charges resulting from a high-speed chase through Jackson, which culminated in an automobile crash injuring the other driver, a collision with a telephone pole, and damage to the front porch of a house. The trial court sentenced the Defendant to an effective sentence of eight years’ incarceration. On appeal, the Defendant argues that the trial court erred by denying him probation. After reviewing the record and considering the applicable law, we reverse the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. John Calvin Murray
The Defendant, John Calvin Murray, appeals the trial court’s dismissal of his “Motion for Rule 36 Clerical Mistakes” and denial of his motion to reconsider, which he argues should be liberally construed as a motion to correct an illegal sentence, asserting that he was not awarded all the credits for time served in the community corrections program to which he was entitled. Upon reviewing the record and applicable law, we dismiss the appeal. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Antonio D. Blaylock - Dissent
While I agree with the majority’s conclusion that the trial court did not abuse its discretion in denying the defendant’s request for full probation, I write separately to respectfully dissent from the majority’s conclusion that the trial court erred in not imposing some form of alternative sentencing such as split confinement. Additionally, if the trial court had abused its discretion in not imposing some form of alternative sentencing, I disagree with the majority’s decision to impose a sentence of split-confinement and conclude that the appropriate remedy would be to remand the matter for a new sentencing hearing especially in light of the majority’s finding that the trial court abused its discretion in by not considering the Strong R Assessment. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Vernon Lee Ivey
The Defendant, Vernon Lee Ivey, pled guilty in the Campbell County Criminal Court to aggravated burglary, a Class C felony; theft of property valued over $2,500, a Class D felony; burglary, a Class D felony; two counts of theft of property valued over $1,000 but less than $2,500, a Class E felony; one count of automobile burglary, a Class E felony; and four counts of theft of property valued $1,000 or less, a Class A misdemeanor, and was sentenced by the trial court to an effective term of thirty years in the Department of Correction. On appeal, he argues that the trial court erred by misclassifying him as a career offender for the Class D and E felonies, by imposing an excessive sentence, and by ordering a sentence of confinement rather than probation or other alternative sentencing. Following our review, we affirm the sentences as imposed by the trial court. |
Campbell | Court of Criminal Appeals | |
State of Tennessee v. Tyler Ward Enix
Tyler Ward Enix, Defendant, was indicted for three counts of first degree felony murder, one count of premeditated first degree murder, one count of especially aggravated robbery, one count of especially aggravated kidnapping, and one count of carjacking. The trial court dismissed the kidnapping and carjacking counts at the State’s request. After a jury trial, Defendant was found not guilty of felony murder. The jury found Defendant guilty of first degree premeditated murder and especially aggravated robbery. After the jury deadlocked on a sentence for first degree murder, the trial court imposed a life sentence. After a separate sentencing hearing, the trial court ordered Defendant to serve a consecutive twenty-five-year sentence for especially aggravated robbery. The trial court denied a motion for new trial and this appeal followed. On appeal, Defendant raises the following issues: (1) the evidence was insufficient to support the convictions for first degree murder and especially aggravated robbery; (2) the State made improper statements during closing argument; (3) the State made improper statements during opening statements; (4) the trial court improperly admitted hearsay evidence; (5) the trial court abused its discretion in admitting multiple photographs of the victim’s body; (6) the trial court erred by denying a motion for change of venue; (7) the trial court erred in refusing to give a definition of passion to the jury; and (8) cumulative errors After a thorough review of the record and applicable authorities, we affirm Defendant’s convictions and sentences. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Bobby Joe Patrick
A Grundy County jury convicted the Defendant, Bobby Joe Patrick, of two counts of rape of a child, and the trial court sentenced him to a total effective sentence of sixty-seven years. On appeal, the Defendant contends that the trial court erred when it allowed the State to introduce evidence of prior bad acts that should have been excluded pursuant to Tennessee Rule of Evidence 404(b). The Defendant also contends that the trial court erred when it instructed the jury on “generic evidence.” After review, we affirm the trial court’s judgments. |
Grundy | Court of Criminal Appeals | |
Sate of Tennessee v. William Alan Ladd
The Defendant, William Alan Ladd, appeals his convictions for aggravated sexual battery and sexual exploitation of a minor by electronic means, for which he received an effective eight-year sentence. On appeal, the Defendant contends that the evidence is insufficient to support his convictions and that the trial court erred in excluding extrinsic evidence of a prior statement by the victim. We affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Demon L. Adkins
The Defendant, Demon L. Adkins, was convicted after a jury trial of two counts of possessing contraband in a penal institution, and he received an effective fifteen-year sentence as a career offender. On appeal, the Defendant argues that his convictions are invalid because the indictment erroneously stated the incorrect mens rea and because the verdict forms and jury instructions conflated the crime of possessing contraband in a penal institution and introducing contraband into a penal institution. He also asserts that the savings statute operates to entitle him to a lesser punishment. We conclude that he is not entitled to reversal of his convictions but that the savings statute applies to provide a lesser penalty. Accordingly, the convictions are affirmed, the sentences are reversed, and the case is remanded for resentencing. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Thomas Byrd
The Defendant, Thomas Byrd, was convicted by a Knox County Criminal Court jury of two counts of possession of .5 grams or more of a Schedule II controlled substance (cocaine) with the intent to sell/deliver within 1000 feet of a child care agency, a Class B felony; possession of a firearm during the commission of a dangerous felony, a Class D felony; possession of a Schedule VI controlled substance (marijuana), possession of a Schedule IV controlled substance (Alprazolam), and possession of a Schedule II controlled substance (oxycodone), all Class A misdemeanors; and criminal impersonation, a Class B misdemeanor. The trial court sentenced him as a Range I offender to an effective term of twelve years in the Department of Correction. On appeal, the Defendant argues that the trial court erred by denying his motion to suppress evidence found during the search of his person and that the evidence is insufficient to sustain the felony convictions. Following our review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. William Gossett
Defendant, William Gossett, was charged in twelve separate indictments with 26 offenses, including multiple counts of aggravated rape, aggravated robbery, aggravated burglary, employment of a firearm, and theft of property. Defendant pleaded guilty to all 26 counts, with the trial court to determine his sentencing. Following a sentencing hearing, Defendant received a total effective sentence of 371 years’ incarceration. The sole issue on appeal is whether the trial court properly treated Defendant’s 1999 juvenile adjudications for rape of a child, where there were two victims, as multiple offenses for the purposes of determining Defendant’s offender classification at sentencing. Having reviewed the record and the briefs of the parties, we find no error and affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. William Gossett -Concur
I concur in affirming the sentences in this case, but I write separately to emphasize the danger of expansive, even over-broad locution and reliance upon such locution in place of legal analysis tailored to the facts and issues in each particular case. The majority has concluded that the offense of child rape inherently embraces the elements of serious bodily injury, bodily injury, or the threat to cause serious bodily injury or bodily injury such that the 24-hour rule contained in Tennessee Code Annotated sections 40-35-106, -107 does not apply. For the majority, this conclusion is buttressed, at least in part, by language expressed in State v. Kissinger, 922 A.W.2d 482 (Tenn. 1996), and State v. Edward Earl Huddleston, No. 02C01-9706-CC-00228, 1998 WL 67684 (Tenn. Crim. App., at Jackson, Feb. 20, 1998). |
Shelby | Court of Criminal Appeals | |
O'Neal Johnson v. State of Tennessee
O’Neal Johnson, Petitioner, appeals from the post-conviction court’s denial of post-conviction relief. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Antwain Tapaige Sales v. State of Tennessee
Petitioner, Antwain Tapaige Sales, filed a petition for writ of habeas corpus seeking relief from his convictions for second degree murder and attempted second degree murder. The trial court summarily dismissed the petition. Petitioner appealed. Because the notice of appeal was untimely, we dismiss the appeal. |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. Marques D. Wheeler
Defendant, Marques D. Wheeler, was indicted by the Knox County Grand Jury for two counts of unlawful possession of a weapon and one count of reckless homicide. Pursuant to a negotiated plea agreement, Defendant pleaded guilty to reckless homicide and received an agreed-upon sentence of ten years for his conviction with the manner of service of his sentence to be determined by the trial court. The trial court dismissed Defendant’s unlawful possession of a weapon charges. Following a sentencing hearing, the trial court denied Defendant’s request for split confinement and ordered Defendant to serve his sentence incarcerated. Defendant appeals. Upon review, we affirm the judgment of the trial court but remand the matter for entry of a judgment form for count two. |
Knox | Court of Criminal Appeals |
