State of Tennessee v. Roy Brandon
The Defendant, Roy Brandon, was convicted by a Shelby County Criminal Court jury of possession with intent to sell heroin, a Class B felony; possession with intent to deliver heroin, a Class B felony; two counts of simple possession of Alprazolam, Class A misdemeanors; and two counts of possession of a firearm during the commission of a dangerous felony, Class D felonies, and was sentenced to an effective term of twenty-two years in the Department of Correction. On appeal, the Defendant argues that the trial court erred in denying his motion to suppress evidence and that the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Quinton Wilkins
The Defendant, Quinton Wilkins, was convicted by a Shelby County Criminal Court jury of attempt to commit second degree murder, a Class B felony; employing a firearm during the commission of a dangerous felony, a Class C felony; two counts of aggravated assault, a Class C felony; and reckless endangerment, a Class A misdemeanor. See T.C.A. §§ 39-12-101 (2018) (criminal attempt), 39-13-210 (2018) (second degree murder), 39-17-1324 (2014) (subsequently amended) (firearms possession), 39-13-102 (2018) (aggravated assault), 39-13-103 (2018) (reckless endangerment). After the appropriate merger, the trial court sentenced the Defendant as a Range II, multiple offender to fifteen years for attempted second degree murder, seven years for the firearm conviction, and seven years for aggravated assault. The court ordered consecutive service, for an effective twenty-nine-year sentence. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions, (2) the trial court erred by limiting his cross-examination of a State’s witness, and (3) the trial court erred by admitting evidence of the Defendant’s demeanor. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Nicholas Todd Sutton v. State of Tennessee
In 1986, the Petitioner, Nicholas Todd Sutton, was convicted of the January 15, 1985 first degree murder of Carl Estep, which occurred while both were inmates at the Morgan County Regional Correctional Facility. At sentencing, the jury imposed the death penalty based upon the weight of three aggravating circumstances. The Petitioner’s conviction and death sentence were affirmed on appeal. State v. Sutton, 761 S.W.2d 763 (Tenn. 1988), cert. denied, 497 U.S. 1031 (1990). The Petitioner unsuccessfully pursued post-conviction relief, the denial of which was affirmed by this court. Nicholas Todd Sutton v. State, No. 03C01-9702-CR-00067, 1999 WL 423005 (Tenn. Crim. App. June 25, 1999), perm. app. denied (Tenn. Dec. 20, 1999), cert. denied, 530 U.S. 1216 (2000). The Petitioner then unsuccessfully pursued federal habeas corpus relief, the denial of which was affirmed by the Sixth Circuit Court of Appeals. Sutton v. Bell, 645 F.3d 752 (6th Cir. 2011), cert. denied, 566 U.S. 933 (2012). |
Morgan | Court of Criminal Appeals | |
Douglas W. Curtis v. State of Tennessee
The petitioner, Douglas W. Curtis, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial and on appeal. After our review of the record, briefs, and applicable law, we affirm the denial of the petition. |
Lewis | Court of Criminal Appeals | |
Dwayne Scott Franklin v. State of Tennessee
A Marshall County jury convicted the Petitioner, Dwayne Scott Franklin, of three counts of rape of a child, for which he received an effective sentence of sixty years imprisonment. See State v. Dewayne Scott Franklin, No. M2017-00180-CCA-R3-CD, 2018 WL 1100962 (Tenn. Crim. App. Feb. 27, 2018). The Petitioner subsequently filed a petition for post-conviction relief alleging that lead counsel and co-counsel were ineffective in failing to call the Petitioner’s girlfriend as a witness at trial, in failing to request a bill of particulars, and in failing to request a formal election of offenses. Following a hearing, the post-conviction court denied relief, and the Petitioner now appeals. Upon our review, we affirm the judgment of the post-conviction court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Dwight Twarn Champion
The Madison County Grand Jury indicted Dwight Twarn Champion, Defendant, and Lena Virginia Cole, Co-Defendant, for possession with intent to sell or deliver 0.5 grams or more of cocaine, a Schedule II controlled substance, in counts one and two; simple possession of marijuana, a Schedule VI controlled substance, in count three; and possession with intent to use drug paraphernalia in count four. After a trial, a jury found Defendant guilty of facilitation of criminal attempt of possession of cocaine with intent to sell in count one, facilitation of criminal attempt of possession of cocaine with intent to deliver in count two, and simple possession of marijuana in count three. The jury was unable to reach a verdict in count four, and a nolle prosequi was entered on that count. The trial court merged counts one and two and, pursuant to an agreement with the State, sentenced Defendant as a Range III career offender to twelve years in the Tennessee Department of Correction with a sixty percent release eligibility for merged counts one and two and to eleven months and twenty-nine days with a seventy-five percent release eligibility for count three, to be served concurrently to counts one and two, for a total effective sentence of twelve years at sixty percent. Defendant filed a motion for a new trial or verdict of acquittal, and the trial court denied the motion. On appeal, Defendant argues that there was insufficient evidence to sustain his convictions and that the verdicts were against the weight of the evidence. After a thorough review of the record and applicable case law, the judgments of the trial court are affirmed. |
Madison | Court of Criminal Appeals | |
Johnny Wilkerson v. State of Tennessee
The Petitioner, Johnny Wilkerson, appeals the denial of post-conviction relief from his two convictions for aggravated robbery, for which he received an effective forty-year sentence. In this appeal, the Petitioner alleges that trial counsel provided ineffective assistance in failing to investigate his case, in failing to explain why he could not have a suppression hearing, and in failing to call an alibi witness at trial. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Darcell Wright
The Defendant, Darcell Wright, was convicted by a jury of voluntary manslaughter and aggravated assault as lesser-included offenses of first degree felony murder and especially aggravated robbery, respectively. The trial court imposed sentences of ten years for each conviction and ordered that these terms be served consecutively to one another, as well as consecutively to prior sentences of the Defendant’s. On appeal, the Defendant, relying on principles of double jeopardy, contends that the trial court erred in failing to merge his sentences for voluntary manslaughter and aggravated assault. However, our review of the record reveals that the Defendant failed to raise this issue in a motion for new trial; thereby, waiving full appellate review. Additionally, we conclude that plain error review of the issue is not warranted. Accordingly, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
Demarcus Lashawn Blackman v. State of Tennessee
The Petitioner, Demarcus Lashawn Blackmun, was convicted by a Marshall County jury of the sale and delivery of .5 grams or more of cocaine, which were merged by the trial court, and received a sentence twelve years’ incarceration. State v. Demarcus Lashawn Blackman, No. M2016-01098-CCA-R3-CD, 2017 WL 3084852, at *1 (Tenn. Crim. App. July 20, 2017). He later filed a petition seeking post-conviction relief, alleging that trial counsel were ineffective in failing to obtain the criminal history of the confidential informant (CI) and in failing to adequately investigate the crime scene. Following an evidentiary hearing, the post-conviction court denied relief, and the Petitioner now appeals. Discerning no error, we affirm. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Kimberly J. Hill
The Defendant, Kimberly J. Hill, entered a best interest plea to theft of property valued at $10,000 or more with the sentence to be determined by the trial court. Following a sentencing hearing, the trial court imposed a three-year sentence with six months to be served in confinement and the remainder on probation. On appeal, the Defendant asserts that the trial court erred in denying her request for judicial diversion and in imposing a term of split confinement. Upon reviewing the record and the applicable law, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Palace R. Chandler
The Defendant, Palace R. Chandler, was charged with theft of property valued at $2,500 or more but less than $10,000. See Tenn. Code Ann. § 39-14-103. Following a bench trial, the Defendant was found guilty and sentenced to a three-year suspended sentence to be served on community corrections. On appeal, the Defendant contends that error exists because there was no proof showing the victim did not consent to the Defendant’s taking the property. Following our review, we affirm the judgment of the trial court; however, we remand this case to correct the judgement to reflect the full measure of the Defendant’s pre-trial jail credit. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jermaine Nelson Buford
Jermaine Nelson Buford, Defendant, appeals from his convictions for possession of .5 grams of more of cocaine with intent to sell, aggravated assault, felony evading arrest, evading arrest, vandalism of property over $500, and simple possession. On appeal, Defendant argues, among other things, that (1) the State violated State v. Ferguson by failing to preserve an audio recording of the drug transaction that formed the basis of the indictment; (2) the trial court erred by refusing to give the missing witness instruction when the confidential informant did not testify at trial; and (3) the State committed a Brady violation by failing to disclose witness information. After a review, we determine Defendant has waived several issues for failure to either raise them in the trial court and/or properly present argument or authority to support the issues in this Court. As to the remaining issues, we determine Defendant is not entitled to relief. However, we remand the matter to the trial court for entry of a corrected judgment form for the conviction for vandalism. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Matthew Jackson
The Appellant, Matthew Jackson, appeals the Robertson County Circuit Court’s denial of his motion to withdraw his guilty pleas to two counts of aggravated rape, which resulted in an effective twenty-five-year sentence. Based upon the record and the parties’ briefs, we reverse the judgment of the trial court and remand the case for an evidentiary hearing. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Shandejah Andrea Stone
A Davidson County jury convicted Shandejah Andrea Stone of simple assault. The trial court sentenced Defendant to eleven months and twenty-nine days, with all suspended except ninety days to be served by incarceration. Following release from jail, Defendant is to be on two years of unsupervised probation. On appeal, Defendant argues that her sentence is excessive and that her alternative sentence should not include any period of incarceration. In addition, Defendant asserts as an issue that during the sentencing hearing, the trial court erroneously allowed admission into evidence a Facebook video over objection that the exhibit had not been properly authenticated. After review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Ronnie Ray Myatt
The Defendant, Ronnie Ray Myatt, appeals the judgments of the trial court following a June 25, 2018 probation violation hearing in which the court revoked his probation in case numbers CR7357, CR7358A, and 22CC-2010-CR-115. The Defendant argues that the trial court lacked jurisdiction in the first two cases because the sentences for those cases had expired prior to the filing of the revocation warrant. The Defendant also requests that we remand to the trial court for entry of a modified judgment in case number 22CC-2010-CR-115 to award to the Defendant applicable jail credits. The State concedes that the sentences in case numbers CR7357 and CR7358A expired before the filing of the instant revocation warrant and that the trial court therefore lacked jurisdiction to revoke the probation in those cases. Although not raised as an issue by the Defendant, the State argues that the trial court appropriately revoked the Defendant’s probation in Case Number 22CC-2010-CR-115. Following our review, we reverse the probation revocation orders in case numbers CR7357 and CR7358A, affirm the revocation of probation in case number 22CC-2010-CR-115, and remand to the trial court for determination of the appropriate jail credits to be applied toward the Defendant’s sentence in the latter case. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. LaToya Ann Shelton
The Defendant, LaToya Ann Shelton, was convicted by a Bedford County jury of the sale or delivery of .5 grams or more of cocaine, a Class B felony; two counts of the sale or delivery of less than .5 grams of cocaine, a Class C felony; the possession of .5 grams or more of cocaine with the intent to sell or deliver, a Class C felony; simple possession of marijuana, a Class A misdemeanor; and possession of drug paraphernalia, a Class A misdemeanor. The trial court sentenced the Defendant as a Range II, multiple offender to an effective term of twenty years in the Department of Correction. On appeal, the Defendant challenges the sufficiency of the convicting evidence and argues that the twenty-year sentence of incarceration is excessive. Following our review, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
Richard Terry Woodson v. State of Tennessee
The Petitioner, Richard Terry Woodson, appeals the denial of his petition for post-conviction relief. He argues that his conviction should be set aside because requiring him to register as a sex offender violates his right to be free from ex post facto laws, his right to due process, his right to be free from cruel and unusual punishment, and violates principles of double jeopardy. After review, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
Tony Young v. State of Tennessee
The pro se Petitioner, Tony Young, appeals the trial court’s summary dismissal of his motion to correct an illegal sentence and/or petition for writ of habeas corpus. The Petitioner has failed to show that his sentence is illegal or that he is otherwise entitled to habeas corpus relief; therefore, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kristie Ward Thompson
The Defendant, Kristie Ward Thompson, pleaded guilty to reckless homicide and received a twelve-year sentence to be served concurrently to a sentence in a separate case. The Defendant challenges the trial court’s denial of alternative sentencing. Upon review of the record and applicable law, we affirm the judgment of trial court but remand for correction of the judgment form in compliance with Tennessee Code Annotated section 40-35-209. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Jerry Lee Joyner
Defendant, Jerry Joyner, was indicted by the Dyer County Grand Jury on the following counts: (1) possession with intent to sell or deliver a controlled substance, schedule II, to wit, methamphetamine, in an amount in excess of 0.5 grams; (2) possession with intent to sell or deliver a controlled substance, schedule II, to wit, cocaine, in an amount in excess of 0.5 grams; (3) possession with intent to sell or deliver a controlled substance, schedule II, to wit, morphine; (4) possession with intent to sell or deliver a controlled substance, schedule II, to wit, hydrocodone; and (5) possession with intent to sell or deliver a controlled substance, schedule IV, to wit, alprazolam. Following an evidentiary hearing on Defendant’s motion to suppress the evidence retrieved from a search of his person, the trial court granted his motion and dismissed, in separate judgments, all five counts of the indictment against Defendant. The State appeals the granting of Defendant’s motion to suppress on grounds that the search at issue was constitutional. After review, we reverse the judgments of the trial court, reinstate the charges in the indictment, and remand for further proceedings. |
Dyer | Court of Criminal Appeals | |
Maurice Jevon Chapman v. State of Tennessee
The Petitioner, Maurice Jevon Chapman, pleaded guilty to aggravated robbery, and the trial court entered the sentence to which the parties agreed, twenty years, as a Range II offender. The State filed a notice of nolle prosequi of nine other counts against him. The Petitioner filed a timely petition for post-conviction relief in which he alleged that his counsel was ineffective for failing to explain to him the theory of criminal responsibility for another, rendering his guilty plea unknowingly and involuntarily entered. The post-conviction court dismissed the petition after a hearing. On appeal, we affirm the post-conviction court’s judgment. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Christopher Bretton Bly
Christopher Bretton Bly, Defendant, was arrested in Coffee County for two counts of aggravated burglary, one count of theft under $500, two counts of vandalism over $1,000, one count of theft over $1,000, one count of theft over $500, and one count of vandalism under $500. Subsequent to this arrest, Defendant was incarcerated in the Tennessee Department of Correction (“TDOC”) for a probation violation in Wilson County. After Defendant completed his service on the Wilson County sentence, he pled guilty to the charges in Coffee County. Defendant later filed a Rule 36 motion to obtain pretrial jail credit on the Coffee County case, and the trial court partially granted the motion. On appeal, Defendant argues that he is entitled to the time he served in TDOC on the Wilson County probation violation as pretrial jail credit on the Coffee County case. After a thorough review of the record and applicable case law, the judgments of the trial court are affirmed. |
Coffee | Court of Criminal Appeals | |
Brandan Dane Windrow v. State of Tennessee
The Petitioner, Brandan Dane Windrow, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his convictions of aggravated assault and felony vandalism and resulting effective sentence of fourteen years in confinement. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Rashan Lateef Jordan
Defendant, Rashan Lateef Jordan, appeals from his conviction for the sale of more than 0.5 grams of cocaine within one thousand feet of a childcare agency. Defendant was sentenced to 15 years for his conviction. On appeal, Defendant contends: (1) that the trial court erred by not granting his motion to dismiss for lack of a speedy trial; (2) the jury instructions were inadequate and failed to include a lesser included offense; and (3) the jury instructions were confusing to the jury and in attempting to make clarifications, the trial court unduly influenced the jurors. Having reviewed the parties’ briefs and the entire record, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Brian Anthony Wiley
The Defendant, Brian Anthony Wiley, pled guilty to multiple drug offenses and received an effective eight-year sentence. The Defendant’s plea agreement reserved a certified question of law regarding the legality of the search of the Defendant’s automobile that was parked in the overnight camping area of a local music festival. Following our review, we conclude that the warrantless search of the Defendant’s automobile did not violate Fourth Amendment protections and affirm the judgments of the trial court. |
Coffee | Court of Criminal Appeals |
