State of Tennessee v. Cedric Dante Harris
Defendant, Cedric Dante Harris, was convicted of possession of 0.5 grams or more of methamphetamine with intent to deliver, simple possession of marijuana, and tampering with evidence. He appeals, arguing that the evidence was insufficient to support his convictions. After carefully reviewing the record, we conclude that the evidence was sufficient. Accordingly, the judgments of the trial court are affirmed. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Bobby Lewis Parks
The defendant, Bobby Lewis Parks, entered an open plea to two counts of sale of 0.5 grams or more of cocaine, two counts of delivery of 0.5 grams or more of cocaine, one count of sale of less than 0.5 grams of cocaine, and one count of delivery of less than 0.5 grams of cocaine. The trial court sentenced the defendant to an effective sentence of thirty years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the sentence imposed by the trial court was excessive. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Kelvin Dewayne Golden
A Madison County jury convicted the defendant, Kelvin Dewayne Golden, of aggravated sexual battery, and the trial court imposed a sentence of ten years’ confinement. On appeal, the defendant challenges the sufficiency of the evidence to support his conviction and argues the sentence imposed by the trial court was excessive. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Luis A. Meza Olivera
The Defendant, Luis A. Meza Olivera, was convicted by a jury of two counts of aggravated assault, a Class C felony; and three counts of aggravated kidnapping, a Class B felony. See Tenn. Code Ann. §§ 39-13-102, -304. The trial court merged the convictions into one count of aggravated assault and one count of aggravated kidnapping. The trial court then imposed a total effective sentence of twelve years. On appeal, the Defendant contends that (1) the evidence was insufficient to sustain his convictions; (2) the trial court erred in admitting evidence of three prior incidents of domestic violence involving the Defendant and the victim; (3) the trial court erred in allowing a child witness to testify by closed circuit television; (4) the trial court erred in excluding a video recording taken after the offenses were committed; (5) the trial court abused its discretion by imposing the maximum sentence for each conviction; and (6) a new trial is warranted due to cumulative error.1 Following our review, we affirm the judgments of the trial court. |
Washington | Court of Criminal Appeals | |
Eric Thomas v. State of Tennessee
The Petitioner, Eric Thomas, appeals the Davidson County Criminal Court’s denial of his third petition for habeas corpus relief challenging his 1999 convictions for robbery and the resulting thirty-two-year and one-day sentence. He contends that he is being illegally detained because amended judgments of convictions were never entered following resentencing and that absent entry of valid judgment forms imposing his restraint, his six-year sentences have expired. The habeas corpus court concluded that the Petitioner had failed to state a cognizable claim for relief. We affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Darryl Rene Morgan
The State of Tennessee appeals the Knox County Criminal Court’s order granting the Defendant’s motion to suppress, which resulted in the dismissal of the case. On appeal, the State contends that the trial court erred because the warrantless search of the Defendant was conducted pursuant to probable cause and exigent circumstances. We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Darryl Rene Morgan - dissenting
I respectfully disagree with the majority’s decision to affirm the trial court’s order of suppression of evidence. In particular, I would not have reviewed a theory of exigent circumstances in determining that the warrantless search of the defendant’s person was illegal. Rather, I believe that the search-incident-to-arrest rationale undergirds the search in this case and requires a reversal of the trial court’s ruling. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Joshua Derek Tweedy
The Defendant, Joshua Tweedy, was convicted by a Madison County Circuit Court jury of assault, a Class A misdemeanor, and possession of a firearm by a convicted violent felon, a Class B felony. See T.C.A. §§ 39-13-101 (assault) (Supp. 2016) (subsequently amended), 39-17-1307(b)(1)(A) (Supp. 2017) (subsequently amended) (possession of a firearm by a convicted violent felon). On appeal, the Defendant contends that the evidence is insufficient to support his convictions and that the trial court erred in imposing an effective eighteen-year sentence. We affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
Coy J. Cotham, Jr., AKA Cory J. Cotham v. State of Tennessee
Petitioner, Coy J. Cotham, Jr., appeals the denial of his petition for post-conviction relief, in which he alleged that his trial counsel was ineffective. Petitioner contends that the post-conviction court erred by denying his pro se motion to relieve post-conviction counsel, or in the alternative, his motion to continue the post-conviction hearing; that his post-conviction counsel was ineffective for failing to adequately present his claims for post-conviction relief; and that the post-conviction court erred by denying his petition for |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael D. Fykes
The defendant, Michael D. Fykes, appeals his Davidson County Criminal Court jury convictions of especially aggravated burglary and aggravated assault, arguing that the trial court erred by admitting certain evidence in violation of Tennessee Rule of Evidence 404(b) and imposing a sentence greater than necessary and that the evidence was insufficient to support the convictions. Because dual convictions of especially aggravated burglary and aggravated assault in this case are prohibited by statute, we modify the conviction of especially aggravated burglary to aggravated burglary and remand to the trial court for resentencing. We otherwise affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
William Henry Smith, Jr v. State of Tennessee
The petitioner, William Henry Smith, Jr., appeals the denial of his petition for post-conviction relief, which petition challenged his 2015 conviction of conspiracy to sell and deliver one-half grams or more of a Schedule II drug,1 alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of post-conviction relief. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Joshua Michael Ward
The Defendant, Joshua Michael Ward, entered a guilty plea to reckless homicide, a Class D felony, after the all-terrain vehicle (“ATV”) he was driving ran down an embankment, killing his passenger. The trial court denied the Defendant judicial diversion and sentenced him to three years, with ninety days to be served in confinement and the remainder on unsupervised probation. The Defendant appeals the denial of judicial diversion and the denial of full probation. We conclude that the trial court did not abuse its discretion in sentencing, and we affirm the judgment. |
Scott | Court of Criminal Appeals | |
State of Tennessee v. Michael Ray Howser
Defendant, Michael Ray Howser, pled guilty to aggravated assault, reckless endangerment with a deadly weapon, and possession of a weapon by a convicted felon with an agreed effective sentence of ten years as a Range II multiple offender with the trial court to determine the manner of service. A sentencing hearing was held, and the trial court ordered Defendant’s ten-year sentence to be served in confinement. On appeal, Defendant argues that the trial court erred by denying alternative sentencing. After a careful review of the record, we affirm the judgments of the trial court. |
Sumner | Court of Criminal Appeals | |
Paul Hayes v. State of Tennessee
Petitioner, Paul Hayes, filed a petition for writ of error coram nobis based on a victim recanting her identification of him as one of the perpetrators of a home invasion that took place over two decades ago. The petition was denied by the trial court both for having been untimely filed and because the new evidence was neither credible nor was likely to have changed the outcome of the trial. On appeal, we affirm the judgment of the trial court that the petition should be denied on the merits. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Tory Blackmon
The Defendant, Tory Blackmon, was convicted by a Shelby County Criminal Court jury of attempted first degree murder, a Class A felony; employing a firearm during the commission or attempted commission of a dangerous felony, a Class C felony; and aggravated assault, a Class C felony. See T.C.A. §§ 39-12-101(a)(1)-(3) (2018) (criminal attempt), 39-13-202(a) (2014) (subsequently amended) (first degree murder), 39-13-102(a) (2014) (subsequently amended) (aggravated assault), 39-17-1324(b)(2) (2014) (subsequently amended) (armed dangerous felonies). The court imposed a twenty-year sentence for attempted first degree murder, a six-year sentence for the employing a firearm conviction, and a four-year sentence for aggravated assault. The court merged the aggravated assault conviction with the attempted first degree murder conviction, and it ordered the firearm conviction to be served consecutively to the attempted murder conviction as required by Tennessee Code Annotated section 39-17-1324(e)(1) (2014) (subsequently amended). On appeal, the Defendant contends that the court erred in sentencing. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Billy Eugene Cook, Jr.
The Appellant, Billy Eugene Cook, Jr., appeals the trial court’s revocation of his probation for aggravated burglary, contending that the trial court erred by denying a continuance of the revocation hearing and by revoking his probation on his first violation. Upon review, we affirm the judgment of the trial court. |
DeKalb | Court of Criminal Appeals | |
State of Tennessee v. Ashton Montrell Jones
Defendant, Ashton Montrell Jones, appeals from the trial court’s order denying Defendant’s Tennessee Rule of Criminal Procedure 36 motion (“Rule 36 motion”) to correct a clerical error in a community corrections revocation order. The trial court summarily denied the motion without an evidentiary hearing on the sole basis of “lack of jurisdiction.” Under the particular circumstances of this case, we reverse the trial court’s order and remand to the trial court for proper consideration of the motion. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Cedrick Dewayne Whiteside
Defendant, Cedrick Dewayne Whiteside, was found guilty of driving under the influence of an intoxicant, criminal impersonation, driving on a cancelled, suspended, or revoked, license, and failure to exercise due care. On appeal, he argues that the evidence presented at trial was insufficient for the trier of fact to find him guilty of driving under the influence of an intoxicant and for failure to exercise due care. In light of the evidence presented, we uphold Defendant’s driving under the influence conviction but reverse and dismiss the jury’s finding of failure to exercise due care. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Roger F. Johnson
Following a bench trial in the Grundy County Circuit Court, the Defendant, Roger F. Johnson, was convicted as charged of indecent exposure, a Class B misdemeanor. He was subsequently sentenced to a six-month sentence, with service of forty-five days in jail prior to serving the remainder of the sentence on supervised probation. On appeal, the Defendant argues: (1) the indictment fails to charge an offense because it does not include the correct mens rea; (2) the indictment is duplicitous; and (3) the evidence is insufficient to sustain his conviction. We affirm the judgment of the trial court. |
Grundy | Court of Criminal Appeals | |
State of Tennessee v. Emmanuel Deshawn Bowley
A Montgomery County jury convicted the Defendant, Emmanuel Deshawn Bowley, of conspiracy to distribute more than 300 grams of cocaine, possession of more than 300 grams of cocaine with the intent to sell, simple possession of marijuana, attempted possession of a deadly weapon during the commission of a dangerous felony, and attempted possession of illegal drug paraphernalia. The trial court ordered that the Defendant serve an effective sentence of sixteen years in the Tennessee Department of Correction. On appeal, the Defendant asserts that: (1) the trial court improperly denied his motion to sever; (2) the trial court erred when it denied his motion to suppress based on an invalid wiretap; (3) the trial court erred when it admitted evidence seized from a co-defendant; and (4) the evidence is insufficient to support his convictions. After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Jerry Reginald Burkes
Jerry Reginald Burkes, Defendant, appeals from the order of the trial court that was entered after the case was remanded for resentencing. Following the resentencing hearing, the trial court denied Defendant’s request to serve his sentence on community corrections and ordered Defendant to serve his eighteen-year sentence in incarceration. Defendant claims the trial court erred by not allowing him to introduce proof at the resentencing hearing concerning certain out-of-state convictions used by the trial court at the first sentencing hearing to establish that Defendant was a Range II offender. We affirm the trial court’s judgment. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. David Keith Walker
The Defendant, David Keith Walker, pled guilty to aggravated burglary, theft of property valued at $500 or less, burglary, vandalism, and two counts of theft of property valued at $1,000 or more. The trial court imposed a total effective sentence of fifteen years’ incarceration. On appeal, the Defendant contends that he is a suitable candidate for alternative sentencing pursuant to the statutory considerations outlined in Tennessee Code Annotated section 40-35-103. Following our review, we affirm the trial court’s denial of alternative sentencing. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Christopher Colligan
Defendant, Christopher Colligan, appeals following the trial court’s revocation of his eight-year community corrections sentence. Defendant contends that the trial court erred by failing to award sentencing credit for his time served in the community corrections program from June 27, 2014, to March 29, 2017, and from October 4, 2017, to April 27, 2018. Following a thorough review, we affirm the judgment of the trial court, as modified, and remand for entry of an amended judgment awarding sentencing credits from October 4, 2017, to April 27, 2018. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Eddie Readus
Defendant, Eddie Readus, appeals the length of his effective sentence following a resentencing hearing that was granted by the trial court in response to Defendant’s motion to correct an illegal sentence pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure (Rule 36.1). The State responds that Defendant failed to state a colorable claim for relief in his Rule 36.1 motion, and therefore, the trial court should have dismissed the motion, rather than granting a new sentencing hearing. We agree with the State. Accordingly, we reverse the judgment of the trial court granting relief pursuant to Rule 36.1, vacate the amended judgment as to the Class C felony conviction, and reinstate the original judgment. |
Bedford | Court of Criminal Appeals | |
Maurice McAllister v. State of Tennessee
The petitioner, Maurice McAllister, appeals the denial of his petition for post-conviction relief, which petition challenged his 2013 conviction of rape, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of post-conviction relief. |
Giles | Court of Criminal Appeals |
