State of Tennessee v. Michael Sargent
The Appellant, Michael Sargent, is appealing the trial court’s denial of his motion to correct an illegal sentence. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted. |
Shelby | Court of Criminal Appeals | |
Willie Morgan v. State of Tennessee
Over three years ago, Petitioner, Willie Morgan, was convicted by a jury of aggravated robbery and sentenced to eleven years in incarceration. His direct appeal was unsuccessful. State v. Willie Morgan, No. W2016-01445-CCA-R3-CD, 2017 WL 1380005, at *1 (Tenn. Crim. App. Apr. 13, 2017), no perm. app. filed. Petitioner sought post-conviction relief, arguing in his petition that he received ineffective assistance of counsel. The post-conviction court denied relief after an evidentiary hearing. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Corey Demonn Scott v. State of Tennessee
The Petitioner, Corey Demonn Scott, appeals from the Madison County Circuit Court’s denial of his petition for post-conviction relief from his 2016 guilty pleas to second degree murder and to vandalism, for which he is serving an effective eighteen-year sentence. The Petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Derek Cunningham
Defendant, Derek Cunningham, appeals from the denial of his motion to correct an illegal sentence under Tennessee Rule of Criminal Procedure 36.1. Because Defendant has failed to state a colorable claim for relief, we affirm the trial court’s denial of the motion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Patrick Bumpus
Defendant, Patrick Bumpus, appeals the trial court’s denial of his motion to withdraw his guilty plea, alleging that he received ineffective assistance of counsel and that his guilty plea was unknowing and involuntary. The State concedes that the trial court erred by summarily denying the motion. We reverse the judgment of the trial court and remand the case for an evidentiary hearing. |
Dyer | Court of Criminal Appeals | |
Joseph Mark Whitmore v. State of Tennessee
The Petitioner, Joseph Mark Whitmore, appeals from the Putnam County Criminal Court’s denial of post-conviction relief, arguing that the post-conviction court erred in failing to find that trial counsel was ineffective in advising him that he could withdraw his guilty plea within thirty days of his sentencing hearing and in failing to adequately represent him at sentencing. Upon our review, we affirm the judgment of the post-conviction court. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Shannon James Keener
The Appellant, Shannon James Keener, pled guilty in the Davidson County Criminal Court to rape and received a ten-year sentence to be served in confinement. On appeal, the Appellant claims that his sentence is excessive and that the trial court erred by refusing to grant his request for alternative sentencing. Based upon our 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. Bobby Eugene Blaylock
Following a trial, a jury convicted Defendant, Bobby Eugene Blaylock, of kidnapping, aggravated kidnapping, attempted rape, robbery, and theft valued at more than $1,000 but less than $2,500, for which the trial court imposed a total effective sentence of forty-four years’ incarceration. On appeal, Defendant asserts that the trial court erred by failing to find that the mitigating factor found in Tennessee Code Annotated section 39-13-304(b)(2) applied to Defendant’s case. The State cross-appeals, arguing that the trial court erred by finding that the State’s “Notice of Defendant’s Status as a Repeat Violent Offender” (the “State’s Notice”) was deficient and by failing to sentence Defendant as a repeat violent offender. Following a thorough review, we modify Defendant’s sentence for aggravated kidnapping to life without possibility of parole. We remand for the entry of an amended judgment sentencing Defendant, as a repeat violent offender, to life without possibility of parole in Count 2 and for the trial court to impose a sentence on the merged conviction of kidnapping in Count 1. In all other respects, we affirm the judgments of the trial court. |
Cheatham | Court of Criminal Appeals | |
State of Tennessee v. Christopher Calvera
The Defendant, Christopher Calvera, was indicted for retaliation for past action, a Class E felony; and assault, a Class A misdemeanor. See Tenn. Code Ann. §§ 39-13-101, -16-510. Following a jury trial, the Defendant was convicted of the retaliation for past action charge and acquitted of the assault charge. The trial court later imposed a four-year sentence for the retaliation conviction. On appeal, the Defendant contends that (1) the evidence was insufficient to sustain his conviction; and (2) the trial court committed plain error in denying his motion for a mistrial alleging that the State committed prosecutorial misconduct during its closing argument. Following our review, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Timothy Wayne Johnson
Defendant, Timothy Wayne Johnson, appeals the trial court’s dismissal of his motion filed pursuant to Tennessee Rule of Criminal Procedure 36.1, in which Defendant alleged that his split confinement sentence was illegal because the judgment form designated his confinement in the Tennessee Department of Correction, rather than the local jail or workhouse. Having reviewed the record and the briefs of the parties, we affirm the trial court’s denial of the motion. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Bryan Keith Thomas
The Defendant, Ryan Kevin Thomas, was indicted for first degree premeditated murder; first degree felony murder; and theft of property valued at more than $500 but less than $1000; a Class E felony. See Tenn. Code Ann. §§ 39-13-202, -14-103, -14-105 (2010). Following a jury trial, the Defendant was convicted of the lesser-included offense of second degree murder, a Class A felony, and of the charged offenses of first degree felony murder and theft. See Tenn. Code Ann. § 39-13-210 (2010). The trial court later merged the second degree murder conviction into the first degree felony murder conviction and imposed a total effective sentence of life. On appeal, the Defendant contends that (1) the evidence was insufficient to sustain the Defendant’s convictions for first degree felony murder and second degree murder; (2) the trial court erred in admitting an autopsy photograph; (3) the trial court erred in excluding hearsay testimony from a proposed witness for the defense; and (4) the trial court erred in approving the jury’s verdict as the thirteenth juror.1 Following our review, we affirm the judgments of the trial court. |
Blount | Court of Criminal Appeals | |
Phillip Harris v. State of Tennessee
Phillip Harris, Petitioner, was convicted of one count of attempted second degree murder, five counts of misdemeanor reckless endangerment, and one count of unlawful employment of a firearm during the attempt to commit a dangerous felony, for which he received a total effective sentence of fourteen years and six months to serve in the Tennessee Department of Correction. Petitioner sought post-conviction relief, but the post-conviction court denied relief following a hearing. On appeal, Petitioner contends that he received ineffective assistance of counsel based on trial counsel’s failure to discuss trial strategy with Petitioner and inform Petitioner of the proof to be presented by the defense at trial. After a thorough review of the facts and applicable case law, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Raffael Fansano
The Defendant, Raffael Fansano, was indicted for aggravated rape. The Defendant filed a motion to suppress his confession, arguing, among other things, that he did not knowingly and voluntarily waive his Miranda rights due to his intellectual disability. The trial court granted the Defendant’s motion to suppress, and the State sought and was granted an interlocutory appeal of the trial court’s decision. On appeal, the State contends that the Defendant was not in custody when he made the statement at the police department and, alternatively, that the trial court erred when it determined that the Defendant did not knowingly and voluntarily waive his Miranda rights. Following our review, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Chimayne Lorreizn Talley
Defendant, Chimayne Lorreizn Talley, pled guilty to theft of property over $2,500, vandalism under $1,000, and possession of a theft tool. The trial court imposed a sentence of seven years for theft, and eleven months, twenty-nine days each for vandalism and possession of a theft tool. The vandalism and possession of a theft tool convictions were ordered to be served concurrently with each other and consecutively to the theft conviction for an effective sentence of seven years, eleven months, and twenty-nine days. On appeal, Defendant argues that the trial court abused its discretion in setting the length of the sentences, by ordering his sentences to run consecutively, and by ordering his sentences to be served in confinement. Having reviewed the record, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Amber Nicole Ray
The Defendant-Appellant, Amber Nicole Ray, appeals from her Carter County jury convictions of rape of a child and incest, for which she received an effective sentence of twenty-five years’ confinement. In this direct appeal, the Defendant argues that (1) the trial court erred in ruling the minor victim’s out-of-court recorded statement was admissible hearsay at trial pursuant to Tennessee Code Annotated section 24-7-123; (2) the trial court erred in allowing the State to cross-examine the Defendant regarding the conditions of her home; and (3) the evidence was insufficient to support the convictions. Upon our review, we affirm. |
Carter | Court of Criminal Appeals | |
State of Tennessee v. Cholly Demarcus Harris
The Knox County Criminal Court revoked the probationary sentences of the Appellant, Cholly Demarcus Harris, and ordered that he serve the balance of his effective elevenyear sentence in the Tennessee Department of Correction (TDOC). On appeal, the Appellant acknowledges that he violated his probation but contends that the trial court abused its discretion by ordering that he serve his sentences in confinement. Upon review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Cordarius Maxwell v. State of Tennessee
The Petitioner, Cordarius Maxwell, appeals the post-conviction court’s summary dismissal of his petition for post-conviction relief based upon the Petitioner’s failure to include a signed oath verifying his claims. We conclude that the post-conviction court erred in summarily dismissing the petition without first providing the Petitioner with an opportunity to correct the deficiency. Accordingly, we reverse the post-conviction court’s judgment and remand the case to allow the Petitioner the opportunity to correct the deficiency and for further proceedings consistent with this opinion. |
Madison | Court of Criminal Appeals | |
Cordarius Maxwell v. State of Tennessee-Dissent
I conclude that the post-conviction court properly dismissed the petition for failing to comply with the mandates of Tennessee Code Annotated § 40-30-104(d), (e) and Tennessee Supreme Court Rule 28 § 5(E)(2). Therefore, I respectfully dissent from the majority’s opinion reversing the post-conviction court’s dismissal of the petition. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Detrick Turner
The Defendant, Detrick Turner, was convicted of second degree murder and was sentenced to twenty-two years of incarceration. On appeal, the Defendant asserts that his sentence is excessive. Upon reviewing the record and the applicable law, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Tommy Gayden v. State of Tennessee
The Petitioner, Tommy Gayden, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his conviction of second degree murder and resulting sentence of thirty years to be served at one hundred percent. On appeal, he 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. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Lindsey S. Seymour
Lindsey S. Seymour, Defendant, pled guilty to two counts of aggravated statutory rape, and her case was deferred pursuant to Tennessee Code Annotated section 40-35-313. After successfully completing the terms of judicial diversion, Defendant moved to be discharged from probation and to have the indictments against her dismissed. On May 1, 2017, the trial court entered an Agreed Order that “discharged and dismissed” all indictments in Case Number 9614 “with prejudice.” Section 4 of the Agreed Order provided that “Defendant shall be removed from the sexual offender registry” (“SOR”). Approximately two and a half months after the agreed order was entered, the trial court, in error, allowed the Tennessee Bureau of Investigation (“TBI”) to intervene, and the trial court vacated Section 4. At the time the motion to intervene was filed, the order dismissing all charges against Defendant with prejudice was final, and there was no pending action in which the TBI could intervene. Additionally, the trial court had neither subject matter jurisdiction over Defendant’s criminal case nor personal jurisdiction over Defendant at that time. Therefore, there is no criminal case for this court to review, and Defendant does not have an appeal as of right under Tennessee Rule of Appellate Procedure 3(b). We therefore dismiss the appeal. |
Fentress | Court of Criminal Appeals | |
State of Tennessee v. Charles Montague
Defendant, Charles Montague, appeals the trial court’s summary denial of his motion to suspend the balance of his sentences. Because the trial court stated no basis for its denial of the motion, we review de novo. Nevertheless, Defendant’s motion is devoid of a basis for relief under Tennessee Code Annotated section 40-35-306(c), and the motion was filed approximately twenty-four years too late for consideration under Tennessee Rule of Criminal Procedure 35. We affirm the judgment of the trial court. |
Washington | Court of Criminal Appeals | |
State of Tennessee v. Jamichael Dewayne Keith
On December 4, 2017, the Defendant, Jamichael Dewayne Keith, pleaded guilty to possession of more than 0.5 grams of methamphetamine, a Schedule II controlled substance, with intent to sell, and attempted possession of heroin, a Schedule I controlled substance, with intent to sell. The trial court imposed concurrent sentences of eight years of incarceration for the methamphetamine charge and six years of incarceration for the heroin charge. The Defendant argues on appeal that the trial court erred in denying his request for probation. After thorough review, we affirm the sentencing decision of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Antonio Henderson
The Defendant, Antonio Henderson, was convicted of especially aggravated robbery, attempted second degree murder, two counts of attempted aggravated robbery, aggravated assault, and employing a firearm during the commission of or attempt to commit a dangerous felony. The trial court imposed partial consecutive sentences for an effective sentence of forty-one years. This court previously affirmed the Defendant’s convictions but remanded the case to the trial court because the trial court failed to make findings specifying the basis upon which it relied in imposing partial consecutive sentences. On remand, the trial court issued an order articulating its reasoning for imposing consecutive sentences. The Defendant now appeals, arguing that the trial court erred in failing to grant him a new evidentiary hearing and in imposing consecutive sentences. Upon review of the record and applicable law, we affirm the trial court’s judgments. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Robert (Bob) George Keast
The Defendant, Robert (Bob) George Keast, was convicted by a Benton County Circuit Court jury of domestic assault, a Class A misdemeanor, and was sentenced to eleven months and twenty-nine days, suspended to supervised probation after service of thirty days. On appeal, he argues that the evidence is insufficient to sustain his conviction and that the trial court erred in excluding proof of the victim’s prior arrest. After review, we affirm the judgment of the trial court. |
Benton | Court of Criminal Appeals |
