State of Tennessee v. Edward Walsh
In October of 2015, Defendant, Edward Walsh, was indicted by the Clay County Grand Jury for first degree murder, abuse of a corpse, tampering with evidence, and theft of property. The theft of property charge was severed, and the tampering with evidence charge was nolled before trial. After a jury trial, Defendant was found guilty of first degree murder and abuse of a corpse. The trial court sentenced Defendant to life imprisonment for the murder conviction and a concurrent two-year sentence for the abuse of a corpse conviction. On appeal, Defendant argues that the trial court erred in not severing the offenses of first degree murder and abuse of a corpse, that the trial court erred in admitting hearsay, that the trial court was not impartial, that the State’s closing argument was based on inferences from facts not in evidence, and that evidence was insufficient to prove first degree murder. After a thorough review of the record, we affirm the judgments of the trial court. |
Clay | Court of Criminal Appeals | |
Ronallen Hardy v. State of Tennessee
In this consolidated appeal, Petitioner, Ronallen Hardy, appeals the summary dismissal of his petitions for post-conviction and error coram nobis relief after being convicted of first degree murder, felony murder, especially aggravated robbery, aggravated burglary, conspiracy to commit especially aggravated robbery, and conspiracy to commit aggravated burglary and resulting sentence of life without parole. See State v. Ronallen Hardy, M2008-00381-CCA-R3-CD, 2009 WL 2733821, at *1 (Tenn. Crim. App. Aug. 31, 2009), no perm. app. filed. The trial court merged the murder convictions and this Court merged the conspiracy convictions on direct appeal. Id. After a review of the record, the parties’ briefs, and applicable authorities, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Cortez Lebron Sims
The Defendant, Cortez Lebron Sims, was convicted by a Hamilton County jury of one count of first degree premeditated murder, three counts of attempted first degree murder, and one count of employing a firearm during the commission of a dangerous felony. The trial court imposed a sentence of life for the first degree murder conviction as well as concurrent sentences of twenty-five years for each attempted first degree murder conviction and a consecutive sentence of six years for the employing a firearm conviction. On appeal, the Defendant argues that the trial court erred by: (1) denying the Defendant’s motion for a change of venue; (2) admitting evidence related to a photographic lineup and an unavailable witness’s prior identification of the Defendant; (3) admitting a gang validation form showing the Defendant’s gang membership; (4) admitting a jail phone call between the Defendant and a third party; (5) admitting evidence of a gun and shell casings that were later determined to be unrelated to this case; (6) admitting a bloody onesie worn by the infant victim in this case; and (7) admitting evidence related to gang violence and an on-going gang feud. Upon our review of the record, we determine that the trial court did not commit reversible error and affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Otis Lamar Taylor
The defendant, Otis Taylor, appeals the order of the trial court revoking his probation and ordering him to serve his original three-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. |
Madison | Court of Criminal Appeals | |
STATE OF TENNESSEE v. JESSE L. DABBS
The pro se petitioner, Jesse L. Dabbs, appeals the Davidson County Criminal Court’s summary dismissal of his motion to correct an illegal sentence, filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Willie Nathan Jones
In February 2016, the Putnam County Grand Jury indicted Defendant, Willie Nathan Jones, for first degree premeditated murder and first degree felony murder in the death of Rodney Richards and for attempted first degree murder of Stacy Maynard. Following a trial in April 2018, a jury found Defendant guilty of the lesser-included offenses of second degree murder and attempted second degree murder, for which Defendant received an effective sentence of thirty-seven years’ incarceration. On appeal, Defendant contends that: (1) the evidence was insufficient to support his convictions; (2) the trial court erred by repeatedly referring to Mr. Richards and Ms. Maynard as “victims” throughout trial; (3) the trial court violated Defendant’s due process rights by preventing him from properly impeaching a State’s witness using the sheriff department’s “Use of Force” and “Critical Incident” guidelines; (4) the State violated Defendant’s right to a fair trial by “continuously commenting on the evidence and credibility during closing arguments”; (5) the trial court erred by failing to suppress Defendant’s statements to police because he was questioned while tired and under the influence and because Defendant’s request for counsel was not honored; (6) the trial court abused its discretion in ordering consecutive sentencing; and (7) cumulative error necessitates a new trial. Following a thorough review, we affirm the judgments of the trial court. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Doyle Wayne Mason, Jr.
The Defendant, Doyle Wayne Mason, Jr., was convicted by a jury of one count each of aggravated sexual battery, solicitation of a minor, and sexual battery by an authority figure; and eleven counts each of statutory rape by an authority figure, incest, and rape. The trial court imposed an effective sentence of fifty-two years’ incarceration. On appeal, the Defendant argues that (1) the evidence was insufficient to support his convictions for aggravated sexual battery, solicitation of a minor, and rape; (2) a material and prejudicial variance existed between the bill of particulars and the State’s election relative to the aggravated sexual battery count; (3) the court “took on the role of the prosecutor” by questioning the victim and inadvertently conveyed to the jury that the court found the victim credible; (4) the court erred by admitting hearsay evidence that the victim reported the abuse to others; and (5) the sentence imposed by the court was excessive. After a thorough review of the record and applicable law, we affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Fallon Jenkins Moore
A Sullivan County General Session Court found the defendant, Fallon Jenkins Moore, guilty of driving under the influence in violation of Tennessee Code Annotated section 55- 10-401. The defendant appealed the judgment to the Criminal Court for Sullivan County and filed a suppression motion, arguing the police did not have reasonable suspicion to justify her initial seizure. The trial court granted the defendant’s motion, and the State appealed, asserting the defendant’s seizure was supported by reasonable suspicion. Upon our review of the record, arguments of the parties, and pertinent authorities, we agree with the State and reverse the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Jessica Cox
The defendant, Jessica Cox, appeals her Knox County Criminal Court jury convictions of aggravated child abuse and reckless endangerment, arguing that the trial court erred by excluding evidence of an expert witness, that the trial court erred by excluding certain testimony and preventing her from mounting a defense, and that the evidence was insufficient to support certain convictions. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. John M. Banks
Defendant, John M. Banks, was convicted of aggravated burglary (Count One), possession of a firearm during the commission of a dangerous felony (Count Two), especially aggravated robbery (Count Three), and two counts of aggravated robbery (Counts Four and Five). The trial court imposed concurrent sentences of four years for aggravated burglary, eighteen years for especially aggravated robbery, and eight years for each count of aggravated robbery to run consecutively to a six-year sentence for possession of a firearm during the commission of a dangerous felony, for an effective twenty-four-year sentence. On appeal, Defendant argues that the evidence was insufficient to support his two convictions for aggravated robbery, that the trial court erred by denying his motion to suppress his statement, and that the trial court erred in sentencing him to eighteen years for his especially aggravated robbery conviction. Upon reviewing the record and applicable law, we reverse Defendant’s conviction for aggravated robbery in Count Five and affirm the remaining convictions and sentences. |
Montgomery | Court of Criminal Appeals | |
KATHY ALEXANDER v. STATE OF TENNESSEE
The Petitioner, Kathy Alexander, appeals the Davidson County Criminal Court’s denial of her petition for post-conviction relief, seeking relief from her guilty plea to theft of property valued $60,000 or more but less than $250,000, a Class B felony, and her resulting sentence of twenty years as a Range III, persistent offender. On appeal, the Petitioner claims that she received the ineffective assistance of trial counsel and that her guilty plea was not knowing and voluntary. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Shasta Jackson v. State of Tennessee
The Petitioner, Shasta Jackson, appeals as of right from the Knox County Criminal Court’s denial of her petition for post-conviction relief. The Petitioner contends that she received ineffective assistance of trial counsel when counsel advised her to testify at trial. Following our review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Marquiceon Fields
The Defendant, Marquiceon Fields, was convicted of one count of rape of a child and was sentenced to twenty-eight years’ incarceration. On appeal, the Defendant argues that the trial court erred by failing to require the State to make an election of offenses, that the evidence is insufficient to support the Defendant’s conviction, and that the trial court erred by sentencing the Defendant as a Range II offender. The State concedes that the trial court erred in sentencing the Defendant. Based on our review of the record and applicable authorities, we affirm the Defendant’s conviction but modify his sentence to twenty-five years and remand for entry of an amended judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Gary Thomas Russell
A jury convicted the Defendant, Gary Thomas Russell, of violating the sex offender residential restrictions and acquitted him of harboring a runaway child. The trial court sentenced the Defendant to six years. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction because he was not “alone with a minor” as defined by Tennessee Code Annotated section 40-39-211(k)(2). After review, we affirm the trial court’s judgment. |
Madison | Court of Criminal Appeals | |
Corbyn Davis v. State of Tennessee
The Petitioner, Corbyn Davis, appeals the denial of his post-conviction petition challenging his convictions for first degree, premeditated murder and possessing a firearm after having been convicted of a felony. On appeal, the Petitioner asserts that his trial counsel provided ineffective assistance by failing to provide him discovery in a timely manner, failing to investigate telephone records and social media accounts, failing to move to suppress the murder weapon, failing to present the testimony of a witness, and failing to prepare him for trial. After a thorough review of the record, we conclude that the Petitioner has failed to show deficiency or prejudice with regard to each claim, and we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. James Michael Johnson
The defendant, James Michael Johnson, appeals the Sullivan County Criminal Court’s order revoking his probation and ordering him to serve his four-year sentence in confinement. Discerning no error, we affirm. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Ruben Walton
A Shelby County jury found the defendant, Ruben Walton, guilty of second-degree murder, and the trial court imposed a sentence of twenty-two years to be served at one hundred percent. On appeal, the defendant challenges the sufficiency of the evidence supporting his conviction, two evidentiary rulings of the trial court regarding threatening statements the defendant made prior to the murder, and his sentence. After our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Cordell Ash v. State of Tennessee
A Shelby County jury convicted the defendant, Cordell Ash, of especially aggravated robbery, attempted first-degree murder, employing a firearm during the commission of a dangerous felony, and being a convicted felon in possession of a handgun. Following a sentencing hearing, the trial court imposed an effective sentence of thirty years in confinement. In this delayed appeal, the defendant argues the trial court erred in denying his motion for mistrial after the victim made a reference to the defendant’s alleged gang activity. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Zachary Thompson
Defendant, Zachary Thompson, was found guilty of first-degree premeditated murder and was sentenced to life imprisonment. On appeal, Defendant argues that the trial court erred by not instructing the jury on self-defense and that the evidence was insufficient to support his conviction. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Demetrice A. Smith v. State of Tennessee
The petitioner, Demetrice A. Smith, appeals the denial of his petition for post-conviction relief, which petition challenged his 2017 |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Trin Villa Suttles, III
The defendant, Trin Villa Suttles, appeals his 2019 Hamilton County Criminal Court guilty-pleaded conviction of leaving the scene of an accident, arguing that the trial court erred by ordering that he serve his sentence of 11 months and 29 days in confinement. Discerning no error, we affirm. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. James Alex Greer
The Defendant, James Alex Greer, was convicted of attempted first degree premeditated murder, a Class A felony, and employing a firearm during the commission of a dangerous felony, a Class C felony, by a Putnam County Criminal Court jury. See T.C.A. §§ 39-12-101 (2014) (criminal attempt), 39-13-202(a)(1) (2014) (subsequently amended) (first degree premeditated murder), 39-17-1324 (2014) (subsequently amended) (employing a firearm during the commission of a dangerous felony). The trial court imposed sentences of eighteen years and six years, respectively, and ordered mandatory consecutive sentencing pursuant to Tennessee Code Annotated section 39-17-1324(e)(1), for an effective sentence of twenty-four years. On appeal, the Defendant contends that the trial court erred in denying defense counsel’s mid-trial request to withdraw based upon the Defendant’s attempt to waive the right to counsel and the Defendant’s demand to proceed pro se. We affirm the trial court’s judgments. |
Putnam | Court of Criminal Appeals | |
Lavar R. Jernigan v. State of Tennessee
The Petitioner, LaVar R. Jernigan, appeals the order of the Rutherford County Circuit Court denying post-conviction relief from his convictions for six counts of especially aggravated sexual exploitation of a minor, for which he received an effective sentence of thirty years’ imprisonment. See State v. LaVar Jernigan, No. M2016-00507-CCA-R3-CD, 2017 WL 1019513 (Tenn. Crim. App. Mar. 15, 2017). The Petitioner argues the State failed to disclose the existence of a “notebook” compilation containing over 6000 text messages between the victim and the Petitioner, in violation of Rule 16 of the Tennessee Rules of Criminal Procedure and in violation of Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194 (1963). He additionally argues that trial counsel was ineffective in failing to (1) advise the Petitioner of the existence of the notebook thereby resulting in the Petitioner’s rejection of a four-year offer by the State to settle the case; (2) object to the admission of the “notebook” at trial; and (3) prepare and preserve the record in his direct appeal. Upon our review, we vacate the Petitioner’s convictions, reverse the judgment of the post-conviction court, and remand this matter for a new trial. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Andy F. Nunez
Andy F. Nunez, Defendant, and two co-defendants, Joseph Santillan and Daniela Cruz, were indicted for first degree murder, felony murder, attempted especially aggravated robbery, attempted aggravated robbery, and reckless endangerment after a Nashville visitor was shot and killed while walking with his friend in September of 2016. Prior to trial, the State entered into a use immunity agreement with co-defendant, Ms. Cruz. Her case was severed from Defendant’s and Mr. Santillan’s case and she ultimately testified for the State. Prior to trial, counsel for Defendant subpoenaed the ten most recent use immunity agreements in first degree murder cases where a testifying co-defendant’s indictment was severed and the case proceeded to final judgment. The State filed a motion to quash the subpoena. The trial court granted the motion. The case proceeded to trial. Based partly on co-defendant Cruz’s testimony, Defendant was convicted as charged. He received an effective sentence of life plus five years. After trial, Ms. Cruz entered into a plea agreement to a reduced charge. On appeal, Defendant argues that the trial court abused its discretion by granting the motion to quash the subpoena. After a review, we determine that the trial court did not abuse its discretion and we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Andy F. Nunez - Concurring
I concur in the results reached by the majority opinion. I write separately to express my opinion that the trial court erred by ruling that the evidence sought by Defendant via the subpoena would be irrelevant. The proposed evidence was never submitted at the pre-trial hearing. Thus, the trial court could only speculate as to what any evidence would reveal. However, any error was harmless in my opinion. |
Davidson | Court of Criminal Appeals |
