State of Tennessee v. Marvin Glynn Allen
Defendant, Marvin Glynn Allen, appeals his conviction for DUI, fourth offense, arguing that, based on the plain language of Tennessee Code Annotated section 55-10-405(a), his charge should have been DUI, third offense. After a thorough review of the record, applicable case law, and the legislative history, we affirm the judgment of the trial court. |
Chester | Court of Criminal Appeals | |
Rodriccus Funzie v. State of Tennessee
The Petitioner, Rodriccus Funzie, was convicted by a Shelby County jury of first degree premeditated murder. Over a year after this court affirmed his conviction, the Petitioner filed a petition for post-conviction relief. The post-conviction court subsequently denied the petition on its merits. Following our review of the record and relevant law, we conclude the petition was untimely, and, therefore, this court is without jurisdiction to consider this appeal. Accordingly, we dismiss this appeal. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Wilson
A Shelby County jury convicted the Defendant, Michael Wilson, of first degree felony murder, criminal attempt to commit second degree murder, aggravated robbery, and employing a firearm during the commission of a felony, and the trial court sentenced him to life in prison. In this 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. HOWARD JASON STEWART
The Defendant, Howard Stewart, was convicted by a Lawrence County Circuit Court jury of first degree premeditated murder and theft of property valued at $10,000 or more but less than $60,000, a Class C felony. See T.C.A. §§ 39-13-202 (2018) (first degree murder), 39-14-103 (2018) (theft), 39-14-105 (2018) (grading of theft). The trial court modified the Defendant’s theft conviction to theft of property valued at $1,000 or less, a Class A misdemeanor, and imposed concurrent sentences of life imprisonment for first degree murder and eleven months, twenty-nine days for theft. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions, (2) the trial court erred by admitting inadmissible hearsay evidence, (3) the court erred by admitting two photographs of the victim, and (4) the cumulative error of the evidentiary issues entitles him to a new trial. We affirm the judgments of the trial court. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. Kendall Rivers
The defendant, Kendall Rivers, appeals his Knox County Criminal Court jury conviction of voluntary manslaughter, claiming that the trial court erred by admitting into evidence a video recording taken from the defendant’s cellular telephone, by imposing the maximum sentence, and by ordering the defendant to serve his sentence in confinement. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals | |
Jaron Harris v. State of Tennessee
Jaron Harris, Petitioner, filed a pro se post-conviction petition and an amended petition through counsel, claiming he was denied the effective assistance of counsel, due process, and equal protection based on the racial composition of the jury. The post-conviction court denied relief. Although Petitioner mentions ineffective assistance of counsel in his brief, the only issue raised on appeal is the stand-alone equal protection issue, citing the racial composition of the jury. Because Petitioner failed to raise the jury composition issue on direct appeal of his convictions and because Petitioner abandoned the other issues raised in his post-conviction petition, those issues are waived. We affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Billy Ray Moats
The Defendant, Billy Ray Moats, appeals from his Knox County Criminal Court convictions for two counts each of aggravated burglary and theft of property valued at $500 or more but less than $1,000. On appeal, the Defendant argues that the evidence was insufficient relative to the value of the stolen property in support of his theft convictions; in addition, he raises for the first time on appeal a challenge to the version of the theft grading statute applied during sentencing. Following our review, we conclude that although the evidence regarding the property’s value was sufficient, the trial court should have applied the amended theft grading statute that went into effect on January 1, 2017, and that plain error relief is warranted. We remand for the entry of corrected judgments in Counts 3 and 4 reflecting Class A misdemeanor convictions and a sentence of eleven months, twenty-nine days to serve. The trial court’s merger of the convictions and its determination regarding consecutive sentencing will remain the same. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Revada Wright
The Defendant, Revada Wright, was convicted by a Bradley County Criminal Court jury of speeding, a Class C misdemeanor, and possession with the intent to sell or deliver more than 0.5 gram of cocaine, a Class B felony. See T.C.A. §§ 39-17-417 (Supp. 2012) (subsequently amended) (possession of cocaine); 55-8-152 (2017) (speeding). He received a sentence of twelve years. On appeal, the Defendant contends that the trial court erred by denying his motion for a judgment of acquittal because there is insufficient evidence to support his drug conviction. We reverse the judgment for possession with the intent to sell or deliver more than 0.5 gram of cocaine, vacate the Defendant’s conviction, and dismiss the charge. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Jonathan Richens
The Defendant, Jonathan Richens, appeals from the Sevier County Circuit Court’s revocation of probation for his effective six-year sentence for resisting arrest and aggravated assault. The Defendant contends that the trial court erred by revoking his probation and ordering him to serve the remainder of his sentence in confinement. We affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. David Scott Whitson, Jr.
Defendant, David Scott Whitson, Jr., appeals from the trial court’s revocation of his Community Corrections sentence in May 2019. Defendant argues that the trial court abused its discretion when it required Defendant to serve his sentence. After conducting a thorough review of the record, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Dane Lee Duckett
The Appellant, Dane Lee Duckett, appeals the Cumberland County Criminal Court’s denial of his motion to withdraw his guilty pleas to three counts of possession of one-half gram or more of methamphetamine with intent to sell, which resulted in an effective ten-year sentence. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Cumberland | Court of Criminal Appeals | |
Bryan Austin Demeza v. State of Tennessee
A Tipton County jury convicted the Petitioner, Bryan Austin Demeza, of one count of aggravated child neglect, three counts of aggravated child abuse, and one count of felony murder. On direct appeal, this court reduced one of the Petitioner’s convictions from aggravated child neglect to child neglect. State v. Bryan Austin Demeza, W2016-02086-CCA-R3-CD, 2018 WL 1040145, at *1 (Tenn. Crim. App., at Jackson, Nov. 7, 2017), perm. app. denied (Tenn. June 8, 2018). The Petitioner subsequently filed a petition for post-conviction relief, claiming that he had received the ineffective assistance of counsel, which the post-conviction court denied after a hearing. After review, we affirm the postconviction court’s judgment. |
Tipton | Court of Criminal Appeals | |
Moriarco Lee v. State of Tennessee
The Petitioner, Moriarco Lee, was found guilty by a jury of attempted first degree murder and aggravated assault, and he received a twenty-two-year sentence in confinement. The Petitioner’s convictions were affirmed on direct appeal to this court. The Petitioner filed a petition for post-conviction relief contending, among other claims not raised on appeal, that he received ineffective assistance of counsel when trial counsel failed to subpoena alibi witnesses to testify at trial, failed to present video evidence at trial, and failed to challenge a biased juror. Following a hearing, the post-conviction court denied the petition, and the Petitioner appeals. After a review of the record, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Trevor Rochel Cullom, Alias
Defendant, Trevor Rochel Cullom, Alias, appeals from the trial court’s decision to revoke his probation. After a review of the record, we determine that Defendant was denied due process during his revocation hearing. As a result, we reverse the judgment of the trial court and remand for a new hearing. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Antonio Toomes
The Defendant, Antonio Toomes, appeals his convictions for felony murder and especially aggravated burglary, for which he received an effective sentence of life imprisonment plus thirty years. On appeal, the Defendant contends: (1) the trial court erred in ordering him to proceed pro se at trial on the day before trial; (2) the trial court erred in denying his motion to suppress his statements to law enforcement; and (3) the prosecutors made improper comments during voir dire and closing arguments. We conclude that the trial court erred in finding that the Defendant implicitly waived or forfeited his right to counsel and in requiring the Defendant to proceed pro se at trial. Accordingly, we reverse the judgments of the trial court and remand for a new trial. |
Crockett | Court of Criminal Appeals | |
State of Tennessee v. Joseph Moran
A Shelby County jury convicted the defendant, Joseph Moran, of two counts of sexual battery and one count of domestic assault by provocative contact. Following a sentencing hearing, the trial court imposed an effective sentence of two years, suspended to supervised probation after serving sixty days in confinement. On appeal, the defendant argues the trial court erred in denying his motion to suppress. Upon our review of the record, arguments of the parties, and pertinent authorities, we agree the trial court erred in denying the defendant’s motion to suppress, but given the otherwise overwhelming evidence presented at trial, this error was harmless. Therefore, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jose Hernandez
On November 9, 2018, the Defendant, Jose Hernandez, pleaded guilty to driving under the influence, a Class A misdemeanor. The trial court sentenced him to 11 months and 29 days in a workhouse, which the court suspended to 11 months and 29 days on supervised probation. The Defendant argues on appeal that: 1) the trial court imposed supplemental probation conditions that were preempted by federal law; 2) the Defendant’s supplemental probation conditions did not provide sufficient notice of what was expected of him on probation; and 3) the trial court violated the Defendant’s due process rights by failing to give notice of his probation violation and a revocation hearing. After thorough review, we reverse and remand for a probation revocation hearing. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Terry Wayne Henson
The Defendant, Terry Wayne Henson, was convicted by a McNairy County jury of two counts of rape of a child, a Class A felony; one count of incest, a Class C felony; and one count of violation of the sex offender registry, a Class E felony. He was sentenced by the trial court to an effective term of thirty-five years at 100% in the Department of Correction. On appeal, he challenges the sufficiency of the evidence in support of his child rape and incest convictions, arguing that the State failed to prove that the alleged offenses occurred during the time frame set out in the indictment and that there was insufficient proof of penetration of either victim. Following our review, we affirm the judgments of the trial court. |
McNairy | Court of Criminal Appeals | |
State of Tennessee v. Eric D. Wallace
In 1995, the Defendant, Eric D. Wallace, was convicted in the Shelby County Criminal Court in case number 95-03054 of first degree felony murder and in case number 95-03055 of attempted first degree murder and was sentenced to consecutive terms of life and fifteen years. The judgment forms reflected over 1,000 days of jail credit awarded in each case. In April 2019, apparently in response to a declaratory judgment action filed by the Defendant against the Department of Correction in the Davidson County Chancery Court, pretrial jail credits that were erroneously included in case number 95-03055 were presumably deleted from the judgment form by notation on the original judgment. The pro se Defendant is now attempting to appeal to this court the trial court’s alleged correction of the judgment in case number 95-03055 to remove the erroneously applied jail credits. In the meantime, the Defendant has an appeal of the decision of the Davidson County Chancery Court in his declaratory judgment action pending before the Court of Appeals. Because the record in this case is wholly inadequate for this court to determine what, if anything occurred in the criminal court, and the Defendant appears to have an appeal pending concerning the same matter in the Court of Appeals, we dismiss this appeal. |
Shelby | Court of Criminal Appeals | |
STATE OF TENNESSEE v. LACY LYNDON AUSTIN
The Defendant, Lacy Lyndon Austin, appeals his convictions for possession of methamphetamine with the intent to sell or deliver within 1,000 feet of a school zone, possession of a firearm during the commission of a dangerous felony, possession of a firearm by a person convicted of a felony drug offense and a felony involving the use of force or violence, simple possession of marijuana, and possession of drug paraphernalia. The Defendant argues that (1) the trial court erred by denying his motion to suppress the evidence seized as a result of a traffic stop; (2) the evidence was insufficient to support his convictions; and (3) the trial court abused its discretion by admitting a cell phone and photographs of text messages sent to the phone. Following our review, we affirm. |
Montgomery | Court of Criminal Appeals | |
ERIC JAMES BOGLE v. STATE OF TENNESSEE
The Petitioner, Eric Bogle, appeals from the Marshall County Circuit Court’s denial of post-conviction relief from his conviction for rape of a child. On appeal, the Petitioner argues that trial counsel provided ineffective assistance in (1) failing to introduce photographs of the Petitioner and the minor victim in order to establish a “positive relationship” between them and (2) failing to present evidence that the Petitioner’s prescribed medication had an effect on his confession given to law enforcement. Following our review of the facts and relevant law, we affirm the judgment of the post-conviction court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Kevin Dewayne Golden
The Defendant, Kelvin Dewayne Golden, was convicted after a jury trial of rape of a child, and he received a sentence of thirty years. In this appeal as of right, the Defendant contends (1) that the juvenile court erred in transferring him to criminal court, (2) that the trial court erred in denying his motion to dismiss due to a delay in prosecuting the case, and (3) that the evidence was insufficient to support his conviction. Following our review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Larreal Brown and Randall Rowland
After a joint trial, a Shelby County jury found the defendants, Larreal Brown and Randall Rowland, guilty of especially aggravated kidnapping (Count 1), aggravated rape (Counts 2, 3, and 4), aggravated robbery (Count 5), and aggravated assault while acting in concert with two or more others (Count 6). The trial court imposed effective sentences of 120 and 71 years in confinement, respectively. On appeal, Defendant Brown asserts the trial court improperly limited his ability to cross-examine Gage Caulk, a co-defendant, regarding Mr. Caulk’s sentencing exposure, and Defendant Rowland argues the trial court erred by excluding prior inconsistent statements made by the victim and contained in a police report. After our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Amanda Jones
A Dyer County jury found the defendant, Amanda E. Jones, guilty of sale of amphetamine, a Schedule II drug. As a result of her conviction, the trial court sentenced the defendant to six years in the Tennessee Department of Correction, suspended to supervised probation after serving 365 days in confinement. On appeal, the defendant challenges the sufficiency of the evidence to support her conviction. Following our review, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Nichole Larae Marlow
The Appellant, Nichole Larae Marlow, pled guilty in the Campbell County Criminal Court to possession of contraband in a penal institution, a Class D felony, and received a sevenyear sentence to be served in confinement. On appeal, the Appellant contends that her sentence is excessive and that the trial court erred by denying her request for alternative sentencing. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Campbell | Court of Criminal Appeals |
