Tywan Montrease Sykes v. State of Tennessee
The Petitioner, Tywan Montrease Sykes, appeals from the Blount County Circuit Court’s order summarily dismissing his petition for post-conviction relief as untimely and as a second impermissible petition. On appeal, the Petitioner argues that due process requires tolling of the one-year limitations period, that he should have been given an evidentiary hearing to present additional proof of tolling, and that his first petition was not resolved on the merits. Following our review, we affirm the judgment of the post-conviction court summarily dismissing the petition as untimely. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Adrian Waite
The Defendant appeals as of right from the Hamilton County Criminal Court’s revocation of his probation and reinstatement of the remainder of his three-year sentence for one count each of theft of property valued at more than $1,000 but less than $2,500 and forgery in the same amount. On appeal, the Defendant asserts that the trial court abused its discretion by revoking his probation because: (1) the Defendant remained actively employed and made efforts to contact his probation officer; (2) the Defendant’s probation revocation “robbed victims of owed restitution and imposed an unnecessary financial burden upon the state’s taxpayers”; (3) the Defendant’s probation revocation “runs contrary to the Governor’s stated desire to use alternatives to incarceration for low-level, nonviolent offenders”; and (4) the Defendant’s probation revocation does “not reflect the trial court’s expectation that [he] would be released soon after his revocation hearing.” Following our review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. James Howard Theus, III
James Howard Theus, III, Defendant, was indicted for four counts of violating the sex offender registry. He pled guilty to the charges as stated in the indictment with an agreed upon sentence of three years with the manner of service of the sentence to be determined by the trial court after a sentencing hearing. The trial court denied alternative sentencing, ordering Defendant to serve his sentence in incarceration. Defendant appeals, arguing that the trial court abused its discretion. After a review, we determine that the trial court did not abuse its discretion. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Terrill J. Whitelow
Defendant, Terrill J. Whitelow, was indicted by the Dyer County Grand Jury on three counts: Count 1, attempted carjacking; Count 2, aggravated burglary; and Count 3, evading arrest. After a trial, the jury found Defendant guilty as charged on Counts 2 and 3. Defendant received an effective sentence of ten year’s incarceration. Defendant filed a motion for new trial in which he argued the evidence was insufficient to support his convictions. The trial court denied the motion for new trial. After a thorough review of the record, we affirm the judgments of the trial court but remand the matter to the trial court for entry of a judgment disposing of Count 1 of the indictment. |
Dyer | Court of Criminal Appeals | |
Caitlyn Metz v. State of Tennessee
A jury convicted Caitlyn Metz, Petitioner, of first-degree felony murder, aggravated child abuse, and aggravated child neglect in the death of her twenty-three-month-old son, the victim, and the trial court sentenced her to an effective life sentence. Petitioner filed a post-conviction petition, asserting ineffective assistance of counsel, a Brady violation, and improper prosecutorial argument, and the post-conviction court denied the petition. On appeal, Petitioner contends that she was denied the effective assistance of counsel due to trial counsel’s failure to pursue a motion for severance from Joshua Starner, Co-Defendant, and other pretrial motions; failure to investigate Co-Defendant’s military records and Petitioner’s mental health; failure to present witnesses; and cumulative error. Following a thorough review, we conclude that Petitioner was denied the effective assistance of counsel. We reverse the judgment of the post-conviction court, vacate and set aside the judgments of conviction, and remand for a new trial. |
Montgomery | Court of Criminal Appeals | |
William Pillars v. State of Tennessee
The Petitioner, William Pillars, filed a petition for post-conviction relief alleging that he received the ineffective assistance of counsel at trial and on appeal. The post-conviction court denied relief, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Franklin | Court of Criminal Appeals | |
Julio Enrique Fernandez v. State of Tennessee
The Petitioner, Julio Enrique Fernandez, appeals from the Sevier County Circuit Court’s order denying his petition for a writ of habeas corpus. The Petitioner’s counsel has filed a motion to withdraw pursuant to Rule 22 of the Tennessee Court of Criminal Appeals. We conclude that counsel’s motion is well-taken and, in accordance with Rule 22(F), affirm the habeas corpus court’s judgment pursuant to Rule 20 of the Tennessee Court of Criminal Appeals. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Juan Ramon Chaves-Abrego
A Maury County Circuit Court Jury convicted the Appellant, Juan Ramon Chaves-Abrego, of one count of rape of a child, a Class A felony, and two counts of aggravated sexual battery, a Class B felony, and he received an effective forty-year sentence to be served at one hundred percent. On appeal, the Appellant contends that the evidence is insufficient to support the convictions and that the trial court erred by ordering consecutive sentencing. Based upon the record and the parties’ briefs, we affirm the Appellant’s convictions and effective sentence but remand the case to the trial court for correction of the judgment of conviction in count two, rape of a child, to reflect that the trial court sentenced the Appellant as a Range II offender. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Torey Jay Estes
A Gibson County jury convicted the defendant, Torey Jay Estes, of attempted voluntary manslaughter, attempted first-degree murder, aggravated assault, and false imprisonment for which he received an effective sentence of thirty-five-years, eleven months, and twentynine days. On appeal, the defendant challenges the sufficiency of the evidence supporting his conviction for attempted first-degree murder and an evidentiary ruling regarding the admissibility of the victim’s 9-1-1 call into evidence. After a thorough review of the record, we affirm the judgments of the trial court. |
Gibson | Court of Criminal Appeals | |
In re Tennessee Bonding Company
Tennessee Bonding Company, Appellant, surrendered the defendant, Larry Patton, to the Lewis County Sheriff’s Department but failed to notify the trial court of the surrender. Five weeks later, the trial court sua sponte entered an order exonerating Appellant on the bond but requiring Appellant to return “any and all premiums previously paid” and discharging the defendant from any remaining obligation for payment on the bond. Appellant filed a motion to reconsider asking for a hearing, which was summarily denied by the court. In this extraordinary appeal, Appellant claims the trial court erred by denying Appellant a hearing. After review of the record and applicable law, we affirm the judgment of the trial court. |
Lewis | Court of Criminal Appeals | |
State of Tennessee v. Brandon D. Middlebrook
The defendant, Brandon Middlebrook, appeals his 2015 Knox County Criminal Court jury convictions of aggravated burglary, attempted first degree murder, employing a firearm during the commission of a dangerous felony, and unlawful possession of a firearm by a convicted felon, challenging the sufficiency of the convicting evidence and arguing that the trial court erred by permitting the State to use the non-testifying co-defendant’s statement to question the defendant at trial. We hold that the trial court erred by permitting the State to cross-examine the defendant using the statement of his co-defendant but that the error can be classified as harmless beyond a reasonable doubt. The evidence is sufficient to support the defendant’s convictions of attempted first degree murder. Because the defendant’s previous felony convictions do not qualify as prior convictions under the terms of Code section 39-17-1324, the defendant’s convictions of employing a firearm during the commission of a dangerous felony after having been previously convicted of a dangerous felony in Counts 3, 7, 11, 15, 19, and 23 are vacated and those charges dismissed. The case is remanded to the trial court for the entry of corrected judgment forms reflecting the proper merger of the remaining convictions of employing a firearm during the commission of a dangerous felony and the imposition of a six-year mandatory minimum period of incarceration for each of those convictions. See T.C.A. § 39-17- 1324(h)(1). The judgments of the trial court are otherwise affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Teresa Ann Norwood
The State appeals the Knox County Criminal Court’s order dismissing the 2019 presentment charging the defendant, Teresa Ann Norwood, with a single count of passing a worthless check, arguing that the trial court impermissibly ruled on the sufficiency of the evidence. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals | |
Kendrick Watson v. State of Tennessee
The Petitioner, Kendrick Watson, pled guilty in the Shelby County Criminal Court to conspiracy to introduce marijuana into a penal facility, money laundering, aggravated assault, being a convicted felon in possession of a handgun, and conspiracy to possess more than three hundred pounds of marijuana in exchange for a total effective sentence of seventeen years as a Range I, standard offender. Subsequently, the Petitioner filed for postconviction relief, alleging that his trial counsel was ineffective and that he had been denied due process prior to and during the plea process. The Petitioner also contended that the post-conviction court should recuse itself. The post-conviction court denied the recusal motion and denied post-conviction relief, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Justice Ball v. State of Tennessee
The Petitioner, Justice Ball, appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his convictions for especially aggravated kidnapping, carjacking, employing a firearm during the commission of a dangerous felony, and evading arrest and his effective fifteen-year sentence. On appeal, the Petitioner contends that the post-conviction court erred in denying relief on his ineffective assistance of counsel claim. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Frank Edward Sharp, Jr.
The Appellant, Frank Edward Sharp Jr., contends that the trial court erred by revoking his probation and ordering him to serve the balance of his original sentence in confinement. The Appellant acknowledges that he violated the terms of his probation and argues that the trial court should have given him a sentence of split confinement. Upon review, we affirm the judgment of the trial court, but we remand to the trial court for entry of a corrected judgment of conviction in case number 17-CR-125 to reflect that the Appellant pled guilty to possession of .5 grams or more of methamphetamine with the intent to sell or deliver. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Laron Rashawn Lumpkin
Indicted for felony murder and especially aggravated robbery, Defendant, Laron Rashawn Lumpkin, was convicted by a jury of voluntary manslaughter and especially aggravated robbery. The trial court imposed a sentence of five years for voluntary manslaughter and twenty years for especially aggravated robbery to be served concurrently for an effective twenty-year sentence in the Department of Correction. On appeal, Defendant argues that the evidence was insufficient to support his convictions. After a thorough review of the record, we affirm Defendant’s conviction for especially aggravated robbery but reverse and vacate his conviction for voluntary manslaughter. In doing so, we impose a conviction for the lesser-included offense of reckless homicide and remand the case to the trial court for a sentencing hearing on the newly imposed conviction. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Laron Rashawn Lumpkin - Concurring in Part, Dissenting In Part
I join the majority in affirming Defendant’s conviction of especially aggravatedrobbery. However, I write separately to dissent from the majority’s conclusion that the evidence is insufficient to support the conviction of voluntary manslaughter. |
Davidson | Court of Criminal Appeals | |
Jim Hudgins v. State of Tennessee
The Petitioner, Jim Hudgins, appeals the Knox County Criminal Court’s denial of his petition for post-conviction relief, seeking relief from his conviction of first degree premediated murder and resulting life sentence. On appeal, the Petitioner contends that he received the ineffective assistance of counsel because trial counsel failed to present evidence that he was too intoxicated to form the requisite intent for premeditation. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Christopher Ryan Simmons
The Lincoln County Grand Jury indicted Defendant, Christopher Ryan Simmons, for aggravated burglary in count one; vandalism less than $1,000 in count two; theft of property valued between $2,500 and $10,000 in counts three and four; evading arrest by motor vehicle in count five; and evading arrest on foot in count six. Following a trial, the jury convicted Defendant on all counts as charged. On appeal, Defendant argues that the trial court erred by denying his motion for judgment of acquittal, asserting that the evidence was insufficient to establish his identity as the perpetrator of the offenses. Following a thorough review, we affirm the judgments of the trial court. |
Lincoln | Court of Criminal Appeals | |
Carlos Wilson v. State of Tennessee
The Petitioner, Carlos Wilson, appeals the denial of his petition for post-conviction relief. Following our review, we affirm the judgment of the post-conviction court denying the petition. |
Shelby | Court of Criminal Appeals | |
Tiffany Michelle Taylor v. State Of Tennessee
Petitioner, Tiffany Michelle Taylor, was convicted by a Putnam County jury of first degree premeditated murder and sentenced to life in the Tennessee Department of Correction. More than a year after this court affirmed her conviction, Petitioner filed a petition for post-conviction relief alleging that her juvenile life sentence violated the Eighth Amendment as interpreted in Miller v. Alabama, 567 U.S. 460 (2012) and Montgomery v. Louisiana, 136 S. Ct. 718 (2016). The post-conviction court subsequently denied the petition on its merits. Following our review of the record and relevant law, we conclude that the post-conviction court should have dismissed the petition because it was not timely filed. The judgment dismissing the petition is affirmed. |
Putnam | Court of Criminal Appeals | |
State Of Tennessee v. Margle Otis Ward
Margle Otis Ward, Defendant, admitted to violating the conditions of his probation. The trial court revoked Defendant’s probation and ordered the execution of the judgments as originally entered. Defendant claims that the trial court erred by fully revoking his probation “without considering alternative sanctions or tailoring a sanction to address Defendant’s drug use.” We determine that the trial court properly exercised its discretion in both revoking probation and in ordering the execution of the judgments as originally entered. |
Warren | Court of Criminal Appeals | |
State Of Tennessee v. Matthew Howard Norris
In this multiple indictment case, the Defendant, Matthew Norris, pleaded guilty to one count of burglary and two counts of theft over $2,500, in exchange for a total effective sentence of eight years. The parties agreed to allow the trial court to determine the manner of service of the sentence. After a hearing, the trial court ordered that the Defendant serve his sentence in confinement. On appeal, the Defendant contends that the trial court erred when it denied his request for judicial diversion and his request for an alternative sentence. After review, we affirm the trial court’s judgments. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Demarcus Stevenson
A Shelby County jury convicted Defendant, Demarcus Stevenson, of second degree murder, attempted second degree murder, and employing a firearm during the commission of a dangerous felony, for which Defendant received an effective sentence of forty-three years’ incarceration. On appeal, Defendant contends that the trial court erred by admitting into evidence the prior written statement of a witness, in its entirety, as a prior inconsistent statement under Tennessee Rule of Evidence 803(26) and by admitting testimony under Tennessee Rule of Evidence 404(b) regarding Defendant’s prior act of violence against the murder victim. Defendant also challenges the sufficiency of the evidence. Following a thorough review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Patrick Wadri v. State Of Tennessee
Petitioner, Patrick Wadri, entered an open plea in the General Sessions Court of Williamson County to two counts of driving on a suspended license, one count of use of a stolen license plate, and one count of failure to appear. The General Sessions Judge imposed an effective sentence of eleven months and twenty-nine days, suspended to probation after the service of thirty days in incarceration. Petitioner subsequently sought post-conviction relief on the basis that he received ineffective assistance of counsel and that his guilty plea was unknowing and involuntary. After a thorough review, we affirm the judgment of the post-conviction court. |
Williamson | Court of Criminal Appeals |
