State of Tennessee v. Brodie Bowery
Brodie Bowery, Defendant, admitted that he violated the conditions of his probation, and the trial court fully revoked his probation and ordered him to serve the balance of his sentence in confinement. Finding no abuse of discretion, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
TIMOTHY L. JEFFERSON v. RUSSELL WASHBURN, WARDEN
The Petitioner, Timothy L. Jefferson, appeals as of right from the Trousdale County Circuit Court’s summary dismissal of his petition for writ of habeas corpus, in which he contended that his conviction for second degree murder was void because the order transferring his case from juvenile court to criminal court was not file-stamped by the criminal court clerk’s office. The Petitioner argues that the petition stated a cognizable claim for habeas corpus relief. Discerning no error, we affirm the judgment of the habeas corpus court. |
Trousdale | Court of Criminal Appeals | |
STATE OF TENNESSEE v. DEMARCUS J. LOVE
Defendant, Demarcus J. Love, was indicted by a Rutherford County Grand Jury for six counts of criminal simulation, one count of simple possession of marijuana, one count of possession of drug paraphernalia, and one count of driving on a cancelled, suspended, or revoked license. Defendant filed a motion to suppress in which he argued that the officer did not have probable cause to stop him after he made a U-turn. After a hearing on the motion, the trial court granted Defendant’s motion. The State appeals the ruling of the trial court. After a thorough review of the record, we conclude that the officer had probable cause to stop Defendant. We reverse the judgment of the trial court and remand the case for further proceedings. |
Rutherford | Court of Criminal Appeals | |
STATE OF TENNESSEE v. DALE RICHARD BIBLE
The Defendant, Dale Richard Bible, was convicted by a jury of criminally negligent homicide and child neglect, for which he received consecutive sentences of six and four years, respectively. See Tenn. Code Ann. §§ 39-13-212, -15-401. On appeal, the Defendant argues that his dual convictions violate double jeopardy. After our review, we reverse the judgments of the trial court and remand the case for entry of corrected judgments reflecting the merger of the Defendant’s adjudications of guilt into a single conviction for criminally negligent homicide. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Edwin Eaker
The Defendant, Edwin Eaker, was convicted by a Knox County Criminal Court jury of four counts of aggravated burglary, a Class C felony. See T.C.A. § 39-14-403 (2018). The trial court merged two convictions involving an April 13, 2018 home burglary and two convictions involving an April 10, 2018 home burglary, and the court sentenced the Defendant to serve fifteen years for each conviction as a career offender. The court imposed the sentences consecutively, for an effective sentence of thirty years. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. We affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
STATE OF TENNESSEE v. EDDIE MADDLE
The Defendant, Eddie Maddle, was convicted by a Putnam County jury of possession with the intent to sell or deliver .5 grams or more of methamphetamine, a Class C felony, and was sentenced by the trial court as a Range II multiple offender to fifteen years in the Department of Correction. The Defendant raises the following four issues on appeal: 1) whether the trial court erred by allowing evidence of crimes committed by the Defendant’s wife; 2) whether the State established a reliable chain of custody for the drugs admitted into evidence at trial; 3) whether the Defendant was entitled to a mistrial on the grounds that a Tennessee Department of Correction (“TDOC”) employee entered the courtroom and disrupted his trial; and 4) whether the evidence is sufficient to sustain the conviction. Following our review, we affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
STATE OF TENNESSEE v. EDWARD PARNELL PORTER
Defendant, Edward Parnell Porter, was convicted of aggravated assault, domestic assault, and misdemeanor reckless endangerment. The trial court merged the domestic assault conviction and its sentence of eleven months, twenty-nine days into the aggravated assault conviction. The court imposed a sentence of eight years and six months as a Range II offender for aggravated assault and eleven months, twenty-nine days for reckless endangerment to be served concurrently with each other and consecutively to a “federal sentence and any unexpired sentence.” On appeal, Defendant argues that the evidence was insufficient to support his convictions and that his sentence is excessive. Having reviewed the record, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Myron Jacques Fulton
The defendant, Myron Jacques Fulton, appeals the order of the trial court revoking his probation and ordering him to serve his original ten-year sentence in confinement. Upon review of the record, we conclude the trial court did not abuse its discretion in finding the defendant violated the terms of his probation and the imposed sentence is proper. Accordingly, the judgment of the trial court is affirmed. |
Chester | Court of Criminal Appeals | |
Marcus Vaughn v. State of Tennessee
The Petitioner, Marcus Vaughn, pleaded guilty to one count of attempted rape, and he received a five-year sentence on probation. The Petitioner filed a petition for postconviction relief, and the post-conviction court denied his petition on the ground that the statute of limitations barred its consideration of his claims. The Petitioner appeals. After review of the record and the parties’ briefs, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
BRIAN CAMERON FRELIX v. STATE OF TENNESSEE
After entering guilty pleas to aggravated robbery and facilitation of aggravated robbery, the Petitioner, Brian Cameron Frelix, sought and was denied post-conviction relief. The Petitioner appeals, asserting that he received ineffective assistance from his trial counsel when she did not file a motion to suppress a statement he had made to authorities in Williamson County. He also contends that the State violated his right to counsel because the inmate who was housed with him was a State agent who interrogated him without an attorney. After a thorough review of the record, we conclude that the Petitioner’s trial counsel did not provide ineffective assistance and that his Sixth Amendment claim has been previously determined. Accordingly, we affirm the post-conviction court’s denial of relief. |
Davidson | Court of Criminal Appeals | |
State Of Tennessee v. Stephen R. Mayes
Stephen R. Mayes, Defendant, appeals from the trial court’s denial of his motion to correct an illegal sentence filed pursuant to Tennessee Rule of Criminal Procedure 36.1. After a review of the record and the briefs of the parties, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Oscar Smith v. State of Tennessee
Following a jury trial in 1990, Oscar Smith was sentenced to receive the death penalty in each of three first degree murder convictions in the Criminal Court of Davidson County. The Tennessee Supreme Court affirmed the convictions and sentences of death in State v. Smith, 868 S.W.2d 561 (Tenn. 1993). Mr. Smith is scheduled to be executed February 4, 2021. This appeal by Mr. Smith is from the trial court’s summary dismissal of “Oscar Smith’s Omnibus Request for Relief on His Jury Claims,” (hereinafter “Omnibus Request”). After oral arguments and review of the briefs and the appellate record, we affirm the judgment of the trial court in part, and dismiss the appeal in part. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. James Edward Knight
The Defendant, James Edward Knight, pled guilty to aggravated assault, a Class C felony, in exchange for a sentence of nine years with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court ordered that the sentence be served in confinement, which the Defendant now challenges. After review, we affirm the sentencing decision of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Johntel Billings
The defendant, Johntel Billings, was indicted for one count of aggravated assault (Count 1), one count of attempted aggravated robbery (Count 2), one count of simple assault (Count 3), and one count of vandalism (Count 4). A Madison County jury convicted the defendant of aggravated assault, simple assault, and vandalism. The trial court imposed a four-year sentence with the Tennessee Department of Correction. On appeal, the defendant argues the evidence was insufficient to support her aggravated assault conviction. The defendant also argues the trial court erred in sentencing her to four years of confinement, rather than probation. Upon review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Tevin Mantez Harris
Following a bench trial, the trial court convicted the Defendant, Tevin Mantez Harris, of first degree premeditated murder and imposed the statutory sentence of life in prison. On appeal, the Defendant asserts that: (1) the trial court erred when it denied his motion to suppress; (2) the evidence is insufficient to support his conviction; and (3) the trial court improperly permitted the State to refresh a witness’s memory. After review, we affirm the trial court’s judgment. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Antonio Reed
A Crockett County jury convicted the defendant, Antonio Reed, of possession with intent to sell or deliver .5 grams or more of methamphetamine and introduction of contraband into a penal facility. Following a sentencing hearing, the trial court imposed an effective sentence of ten years in confinement. On appeal, the defendant challenges the sufficiency of the evidence to support his convictions and argues the trial court erred in admitting the drugs and lab report without a proper showing of the chain of custody. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. |
Crockett | Court of Criminal Appeals | |
State of Tennessee v. Paul N. Galbreath
The Defendant, Paul N. Galbreath, was convicted after a jury trial of the knowing physical abuse or gross neglect of an impaired adult, a Class C felony. See Tenn. Code Ann. § 71-6-119 (2011). In this appeal as of right, the Defendant contends that the evidence was insufficient to prove that he knowingly neglected or abused the victim. Following our review, we affirm the judgment of the trial court. |
Humphreys | Court of Criminal Appeals | |
State of Tennessee v. Nelson Yojeni Ochoa-Puentes
The defendant, Nelson Yojeni Ochoa-Puentes, appeals his Dickson County Circuit Court jury conviction of attempted second degree murder, arguing that the evidence was insufficient to support his conviction and that the trial court erred by admitting evidence of his immigration status. Discerning no error, we affirm. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Terry Lin Johnson
Defendant, Terry Lin Johnson, appeals from the trial court’s full revocation of probation in November 2019. Defendant argues that the trial court abused its discretion when it required Defendant to serve his entire sentence because no substantial evidence of a probation violation was presented at the probation revocation hearing. Defendant also argues that the trial court acted too harshly when it required Defendant to serve his entire sentence. After conducting a thorough review of the record, we affirm the judgment of the trial. |
Putnam | Court of Criminal Appeals | |
Timothy Aldridge v. State of Tennessee
The Petitioner, Timothy Aldridge, entered a guilty plea to second-degree murder and received a sentence of forty years’ imprisonment. He now appeals from the denial of postconviction relief, arguing that trial counsel was ineffective in misleading him to believe that, by pleading guilty, he would be incarcerated at the Lois M. DeBerry Special Needs Facility (“DeBerry”). He also argues that his guilty plea was not knowingly and voluntarily entered based on trial counsel’s assurance of the same. Upon our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kareem Northington
Kareem Northington, Defendant, appeals from the summary dismissal of his motion to correct an illegal sentence, filed pursuant to Tennessee Rule of Criminal Procedure 36.1. After a review of the record, we affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
Audarius Watts v. State of Tennessee
The Petitioner, Audarius Watts, appeals the dismissal of his petition for post-conviction relief, arguing that the post-conviction court abused its discretion in summarily dismissing the petition. Following our review, we affirm the summary dismissal of the petition as time-barred. |
Trousdale | Court of Criminal Appeals | |
State of Tennessee v. Omari Shakir Davis
In this, his second delayed appeal, the defendant, Omari Shakir Davis, appeals the sentence imposed for his Davidson County Criminal Court guilty-pleaded conviction of possession with intent to sell or deliver 15 grams or more of a substance containing heroin, arguing that the trial court erred imposing an 18-year, fully-incarcerative sentence. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
Felix Hall v. State of Tennessee
The Petitioner, Felix Hall, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief challenging his convictions for theft of property valued at $10,000 or more but less than $60,000, burglary of a building other than a habitation, and theft of property valued at $500 or less. The Petitioner contends that he received ineffective assistance of counsel. After review, we affirm the judgment of the postconviction court. |
Shelby | Court of Criminal Appeals | |
Joe Jackson v. State of Tennessee
Pro se petitioner, Joe Jackson, appeals from the summary dismissal of his petition for postconviction relief arguing, inter alia, that the post-conviction court erred in (1) dismissing his petition without a hearing; and (2) denying his motion to recuse. Upon our review, we reverse the judgment of the post-conviction court and remand this matter for proceedings consistent with this opinion. |
Shelby | Court of Criminal Appeals |
