Bruce Elliott v. State of Tennessee
The pro se Petitioner, Bruce Elliott, appeals the summary dismissal of his petition for writ of habeas corpus. Following our review, we affirm the dismissal of the petition. |
Trousdale | Court of Criminal Appeals | |
State of Tennessee v. Jacob Erwin Branch
The Defendant, Jacob Erwin Branch, was convicted by a Marshall County jury of two counts of rape of a child, a Class A felony, and contributing to the delinquency of a minor, a Class A misdemeanor, and was sentenced by the trial court to an effective term of twenty-eight years at 100% in the Department of Correction. On appeal, the Defendant challenges the sufficiency of the evidence in support of his child rape convictions. Following our review, we affirm the judgments of the trial court. However, we note the verdict forms indicate the jury found the Defendant not guilty on the charges of rape and aggravated sexual battery, but the judgment forms indicate those charges were dismissed. We therefore remand for entry of corrected judgment forms as to these charges. |
Marshall | Court of Criminal Appeals | |
Brent Allen Blye v. State of Tennessee
In 2006, the Petitioner, Brent Allen Blye, was convicted by a jury of various drug offenses, and later entered guilty pleas to several other unrelated offenses, for which he received an effective sentence of thirty years’ confinement. State v. Brent Allen Blye, No. E2008-00976-CCA-R3-CD, 2011 WL 529515, at *1 (Tenn. Crim. App. Feb. 14, 2011), perm. app. denied (Tenn. May 25, 2011). On direct appeal, this court determined that the issues raised pertaining to his jury convictions were waived based on trial counsel’s failure to timely file a motion for new trial and reviewed those convictions for sufficiency of the evidence only. His remaining issues, pertaining to his guilty pleas, were reviewed and affirmed. The Petitioner later filed a post-conviction petition seeking relief based on trial counsel’s failure to timely file a motion for new trial and ineffective assistance of trial counsel based on failure to assert a certain defense theory. After conducting a full evidentiary hearing as to both issues, the post-conviction court denied relief, a decision which was later reversed, in part, by this court. Brent A. Blye v. State, No. E2012-02626-CCA-R3-PC, 2013 WL 3973468 (Tenn. Crim. App. Aug. 5, 2013), no perm. app. filed. In that case, this court remanded to the post-conviction court on the issue of the delayed appeal, id. at *12; however, we affirmed the court’s denial of the Petitioner’s claim of ineffective assistance of trial counsel based on his failure to pursue a certain defense theory. The Petitioner was granted a delayed appeal on remand and filed a timely motion for new trial, which was denied by the trial court. Upon review of the delayed appeal, we affirmed the Petitioner’s felony drug convictions, but reversed and remanded his misdemeanor drug convictions for a new trial. State v. Brent Allen Blye, No. E2014-00220-CCA-R3-CD, 2015 WL 4575279 (Tenn. Crim. App. July 30, 2015), perm. app. denied (Tenn. Jan. 14, 2016). The Petitioner subsequently filed a “second” petition for post-conviction relief, the subject of this appeal, alleging ineffective assistance of trial counsel, which was summarily dismissed by the post-conviction court. After an exhaustive review of the record and the applicable law, we affirm the judgment of the post-conviction court. |
Sullivan | Court of Criminal Appeals | |
Victor Thompson v. State of Tennessee
Petitioner, Victor Thompson, appeals the denial of his post-conviction petition. Petitioner argues that he was denied the right to testify at trial, and trial counsel was ineffective for failing to request a Momon hearing. Following a review of the briefs of the parties and the entire record, we affirm the judgment of the post-conviction court. |
Gibson | Court of Criminal Appeals | |
Darrell Malone v. State of Tennessee
The Petitioner, Darrell Malone, appeals the Shelby County Criminal Court’s summary dismissal of his petition for post-conviction relief from his 2016 conviction for attempt to commit rape and his four-year sentence. The Petitioner contends that the post-conviction court erred by determining that his petition was untimely. We reverse the judgment of the post-conviction court and remand the case for consideration of the issues raised in the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Rodricus Antwan Johnson
Rodricus Antwan Johnson, Movant, filed a Tennessee Rule of Criminal Procedure 36.1 motion seeking correction of what he claimed was an illegal sentence because the trial court applied enhancement factors that were required by Blakely v. Washington, 542 U.S. 296 (2004) to be determined by the jury. The trial court summarily dismissed the motion for failure to state a colorable claim. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Stephen Doantae Lester
Defendant, Stephen Doantae Lester, was convicted of felony murder and especially aggravated robbery. On appeal, Defendant argues that the evidence is insufficient to support his convictions; that the trial court erred by admitting evidence of Defendant’s gang affiliation and rank; that Defendant was deprived of a fair trial by statements made by the State during closing arguments and by juror misconduct; that the trial court erred in failing to instruct the jury on certain lesser-included offenses; and that the cumulative effect of these errors deprived Defendant of a fair trial. Upon our review of the record, we affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Reuben Eugene Mitchell
A Knox County jury convicted the Defendant, Reuben Eugene Mitchell, of arson and filing a false insurance claim valued between $10,000 and $60,000, and the trial court sentenced him to four years of probation. On appeal, the Defendant contends that the evidence is insufficient to sustain his convictions. After review, we conclude that the evidence is insufficient to sustain the Defendant’s conviction for filing a false insurance claim, and we vacate the judgment and dismiss that charge. We affirm the Defendant’s conviction for arson. |
Knox | Court of Criminal Appeals | |
State of Tennessee vs. Reuben Eugene Mitchell - concurring in part, dissenting in part
I agree with the majority’s conclusion that the evidence was sufficient to support the Defendant’s arson conviction. I respectfully dissent from the majority’s conclusion that the evidence is insufficient to support the Defendant’s conviction for filing a false insurance claim. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Kayla Marie Anderson
The Defendant, Kayla Marie Anderson, pled nolo contendere to theft of property valued over five hundred dollars for her role in arranging a drug transaction during which the victim was robbed. The Defendant preserved as certified questions several issues related to her arrest, her interview, and the search of her telephone pursuant to two separate warrants. Because the record reveals the existence of inculpatory evidence not derived from the arrest, interview, or search, we determine that the questions are not dispositive and dismiss the appeal. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Wayford Demonbreum, Jr.
Defendant, Wayford Demonbreum, Jr., appeals the denial of his Motion for Correction or Reduction of Sentence filed pursuant to Tennessee Rule of Criminal Procedure 35. In this appeal, Defendant argues that his sentence should be reduced because his plea agreement stated the offense to which he pleaded guilty as attempted possession of marijuana in an amount less than 70 pounds, which is a Class E felony. T.C.A. § 39-17-417(i)(13); T.C.A. § 39-12-107(a). The State responds that the trial court did not abuse its discretion in denying Defendant’s motion, having determined that the plea agreement was erroneous, and Defendant understood that he was pleading guilty to the offense of attempted possession of marijuana in an amount more than 70 pounds, a Class C felony, for which Defendant was sentenced as a Range I offender to six years. Upon our review, we affirm the judgment of the trial court. |
Wilson | Court of Criminal Appeals | |
Angel Geovanna Hurtado v. State of Tennessee
A Davidson County jury convicted Petitioner, Angel Geovanna Hurtado, of three counts of aggravated child abuse, one count of child neglect, and one count of reckless aggravated assault. She was sentenced to serve twenty-five years in the Tennessee Department of Correction. The judgment was affirmed on direct appeal. State v. Angel Geovanna Hurtado, No. M2014-00180-CCA-R3CD, 2014 WL 7417763 (Tenn. Crim. App. Dec. 30, 2014). Petitioner filed a timely petition for post-conviction relief. Following an evidentiary hearing, the post-conviction court dismissed the petition. Petitioner has appealed, asserting that she is entitled to relief based upon her trial counsel’s ineffective assistance of counsel. Following a review of the briefs of the parties and the entire record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael Wayne Parsons
The Defendant, Michael Wayne Parsons, was convicted by a Tipton County jury of felony failure to appear, a Class E felony, and was sentenced by the trial court as a Range II, multiple offender to three years in the Department of Correction. On appeal, he argues: (1) that he is entitled to diplomatic immunity from prosecution because he is an ambassador of the “Tsilhqot’in Nation, Country of Chilcotin” and (2) that the indictment was insufficient to confer jurisdiction over his person because it lists his name in all capital letters, which denotes a corporation rather than a “live man.” Because the notice of appeal was untimely, we dismiss the appeal. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Ronald Jones
The Defendant, Ronald Jones, was convicted of the second degree murder of the victim and sentenced to serve 25 years. On appeal, he argues that the evidence was insufficient to support the conviction. We disagree and affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
William Farmer v. State of Tennessee
The Petitioner, William Farmer, appeals the post-conviction court’s denial of his petition for post-conviction relief in which he challenged his guilty plea to carjacking and his tenyear sentence. On appeal, the Petitioner contends that he received ineffective assistance of counsel and that his guilty plea was not knowingly entered. After a review of the record and applicable law, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
Marvin Christopher Long v. State of Tennessee
The Petitioner, Marvin Christopher Long, filed for post-conviction relief, alleging that his trial counsel and his appellate counsel were ineffective. The post-conviction court dismissed the petition upon finding that the Petitioner previously filed for post-conviction relief and that he failed to state a claim upon which relief could be granted. On appeal, the Petitioner challenges the dismissal of the petition. Upon review, we affirm the post-conviction court’s dismissal of the Petitioner’s claim regarding the effectiveness of appellate counsel. However, we remand to the post-conviction court for entry of an order ruling on the Petitioner’s claims regarding the effectiveness of trial counsel. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Darrell Grant Fisher
The defendant, Darrell Grant Fisher, entered an open plea to four counts of sexual battery by an authority figure. The trial court sentenced the defendant to five years on two counts and four years on the remaining two counts with all sentences to be served consecutively for an effective sentence of eighteen years. On appeal, the defendant claims the trial court erred in imposing consecutive terms. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. John Matthew Cabe
Defendant, John Matthew Cabe, was indicted for tampering with evidence after selling an item, which was the subject of a theft investigation, from his pawnshop. After a jury trial, Defendant was convicted of attempted tampering with evidence. On appeal, Defendant contends that he was improperly charged with tampering with evidence because the Pawnbrokers Act of 1988 is a specific statute which governs his conduct as a pawnbroker, and he argues that the evidence was insufficient to support his conviction for attempted tampering with evidence. After a thorough review of the record and the applicable statutes, we conclude that the Pawnbrokers Act of 1988 specifically governs the actions of a pawnbroker in his or her official capacity, thereby precluding prosecution for tampering with evidence. Accordingly, the judgment of the trial court is reversed and vacated. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Tracy Arnold
The Defendant, Tracy Arnold, appeals the Henderson County Circuit Court’s revocation of her probation related to her convictions for attempted aggravated child abuse and neglect. After a review of the record and applicable law, we affirm the trial court’s judgment. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Kenneth S. Gourley
The Appellant, Kenneth S. Gourley, appeals the trial court’s order revoking his probationary sentence and ordering him to serve the remainder of his sentence in confinement. Upon review, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
Don Edward Carter v. State of Tennessee
The Petitioner, Don Edward Carter, appeals from the McNairy County Circuit Court’s dismissal of his petition for post-conviction relief from his convictions of two counts of first degree murder, for which he is serving concurrent life sentences. On appeal, he contends that (1) the post-conviction court erred in dismissing his petition as untimely without a hearing to determine whether due process required tolling of the statute of limitations, (2) he received the ineffective assistance of counsel, and (3) prosecutorial misconduct in the conviction proceedings deprived him of his rights to due process and a fair trial. We affirm the judgment of the post-conviction court. |
McNairy | Court of Criminal Appeals | |
Leroy Sexton v. State of Tennessee
Dr. William Diebold seeks review of the post-conviction court’s denial of his motion to quash a judicial subpoena compelling him to testify at a hearing on behalf of the Petitioner, who is seeking post-conviction relief in an underlying criminal case. Dr. Diebold, a practicing physician, contends that he is exempt from subpoena to the hearing but subject to subpoena to a deposition pursuant to Tennessee Code Annotated section 24-9-101. Based upon the oral arguments, the record, and the parties’ briefs, we agree with Dr. Diebold that he is statutorily exempt from subpoena to the hearing but subject to subpoena to a deposition. Therefore, the post-conviction court erred by failing to grant Dr. Diebold’s motion to quash. Accordingly, the judgment of the post-conviction court is reversed, and the motion to quash is granted. |
Fentress | Court of Criminal Appeals | |
State of Tennessee v. Jewel Moses Bess
A Rutherford County grand jury indicted the defendant, Jewel Moses Bess, with first degree murder for the death of his wife, the victim. Following trial, a jury found the defendant guilty as charged, and the trial court imposed a sentence of life imprisonment. On appeal, the defendant challenges the trial court’s evidentiary rulings allowing testimony of the victim’s intent to end their marriage and the defendant’s prior physical abuse of his son. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Marcus Williams
On March 2, 2018, the Defendant, Marcus Williams, was convicted of two counts of identity theft; two counts of theft of property over $500 but less than $1000; one count of fraudulent use of a credit/debit card over $1000 but less than $10,000; and two counts of fraudulent use of a credit/debit card over $500 but less than $1000. He was sentenced as a Range II, multiple offender to a total effective sentence of twenty-four years, to be served consecutively to a prior twenty-year sentence, for a combined total of forty-four years. On appeal, the Defendant asserts that there is insufficient evidence to sustain his convictions and that the trial court abused its discretion in denying his motion to sever the offenses. After thorough review, we dismiss this appeal. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Merrico Jackson
The Defendant, Merrico Jackson, was convicted by a Shelby County Criminal Court jury of first degree premeditated murder and sentenced to life imprisonment. On appeal, the Defendant argues that the trial court erred in: (1) denying his request for a continuance; (2) failing to exclude a witness statement written on the back of a photograph array due to a discovery violation; (3) ruling that photographs of text messages and the call log from the Defendant’s phone were properly authenticated; and (4) excluding testimony about alleged witness intimidation by the State. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals |
