State of Tennessee v. Dale Merritt
The Defendant, Dale Merritt, was convicted by a Knox County jury of one count of delivery of less than fifteen grams of a Schedule I controlled substance within 1,000 feet of a park and one count of delivery of less than fifteen grams of a Schedule I controlled substance within 1,000 feet of a child care agency. The trial court merged the convictions and sentenced the Defendant to seventeen years’ imprisonment. On appeal, the Defendant argues that the evidence was insufficient to support his convictions. After review of the record and applicable law, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Leroy Collins
Defendant, Leroy Collins, pled guilty to three counts of reckless aggravated assault, a Class D felony, and one count of Class C felony reckless endangerment, all committed during one criminal episode. The offenses involved Defendant shooting three people and shooting into a house occupied by two other people. Pursuant to a negotiated plea agreement with the State, the sentence for each conviction of reckless aggravated assault is the minimum sentence of two years, and the sentence for the reckless endangerment conviction is the minimum sentence of three years. The State further agreed that the sentences would be served concurrently with each other, for an effective sentence of three years for four felony convictions committed with a handgun involving three victims being shot. However, the State opposed Defendant’s request for judicial diversion or probation for the effective three-year sentence. At the sentencing hearing, the trial court denied both requests for alternative sentencing and ordered Defendant to serve the entire sentence by incarceration. Defendant appeals from the trial court’s ruling. After review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Wendell Guinn v. State of Tennessee
The Petitioner, Wendell Guinn, appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner contends (1) that his constitutional rights were violated by prosecutorial misconduct during the jury voir dire and the State’s closing arguments; (2) that the trial court committed several errors in the jury instructions; and (3) that he received ineffective assistance from his trial and appellate counsel. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Edward Roberts
The Defendant, Michael Edward Roberts, was indicted on one count of aggravated burglary, a Class C felony; one count of aggravated kidnapping, a Class B felony; seven counts of rape, a Class B felony; and one count of aggravated assault, a Class C felony. See Tenn. Code Ann. §§ 39-13-102, -13-304, -13-503, -14-403. The State ultimately dismissed five of the rape charges. Following a bench trial, the trial court convicted the Defendant of aggravated assault and the lesser-included offenses of aggravated criminal trespass of a habitation, a Class A misdemeanor, and two counts of assault, a Class B misdemeanor. See Tenn. Code Ann. §§ 39-13-301(a)(3), -14-406. The trial court acquitted the Defendant of the aggravated kidnapping charge. After a sentencing hearing, the trial court imposed a total effective sentence of three years to be served on supervised probation. On appeal, the Defendant contends (1) that the evidence was insufficient to sustain his convictions and (2) that the trial court erred in admitting fresh complaint evidence. Discerning no error, we affirm the judgments of the trial court. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. James Williams
The Defendant, James Williams, was convicted by a jury of one count of driving under the influence (DUI) per se, one count of DUI, and one count of reckless driving. The trial court merged the DUI per se conviction with the DUI conviction and imposed a sentence of eleven months and twenty-nine days to be served in the county workhouse. On appeal, the Defendant contends that the trial court erred in denying his motion to suppress, which challenged “the legality of the traffic stop” resulting in the Defendant’s arrest. Following our review, the judgments of the trial court are affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marcus K. Williams and Corey Zimberlist Rutland, Jr.
Defendants, Marcus K. Williams and Corey Zimberlist Rutland, Jr., were indicted for aggravated robbery, attempted aggravated robbery and aggravated assault. Defendant Williams was also indicted for aggravated burglary. After a jury trial, Defendants Williams and Rutland were convicted of aggravated robbery and aggravated assault, and Defendant Williams was convicted of aggravated burglary. At a sentencing hearing, Defendants Williams and Rutland received identical sentences of eleven years for aggravated robbery and five years for aggravated assault. Defendant Williams received a five year sentence for aggravated burglary. On appeal, Defendant Williams challenges the sufficiency of the evidence for his aggravated robbery charge. Defendant Rutland argues that the trial court improperly excluded the content of a phone call between Defendant Rutland and Defendant Williams, that the evidence was insufficient to support his convictions under a theory of criminal responsibility, and that his sentence is disproportionate and excessive. Finding that the only error by the trial court was harmless, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Jay Dee Garrity v. State of Tennessee - Rehear
The Petitioner, Jay Dee Garrity, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his convictions of three counts of aggravated sexual battery and resulting effective forty-eight-year sentence to be served at 100%. On appeal, he contends that he is entitled to a new trial because trial counsel was presumptively ineffective under United States v. Cronic, 466 U.S. 648 (1984). In the alternative, he contends that he received the ineffective assistance of counsel under the usual Strickland standard. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the Petitioner received the ineffective assistance of trial counsel under Strickland. Therefore, the judgment of the post-conviction court is reversed, the judgments of conviction are vacated, and the case is remanded for further proceedings consistent with this opinion. |
Davidson | Court of Criminal Appeals | |
Marcus T. Johnson v. Darren Settles, Warden
Marcus T. Johnson, the Petitioner, filed a Petition for Writ of Habeas Corpus (“the Petition”) claiming that he was being illegally restrained of his liberty because the Tennessee Board of Probation and Parole (“the Parole Board”) violated his due process rights by failing to timely serve him with a parole violation warrant and failing to conduct a preliminary hearing within fourteen days of the service of the warrant. The State moved to dismiss the Petition for failure to state a cognizable claim. The habeas corpus court granted the State’s motion and summarily dismissed the Petition. We affirm. |
Knox | Court of Criminal Appeals | |
Ugenio Dejesus Ruby-Ruiz v. State of Tennessee
Following a trial, a Davidson County jury convicted the Petitioner, Ugenio Dejesus Ruby-Ruiz, of three counts of sexual exploitation of a minor; five counts of aggravated sexual battery; nine counts of rape of a child; one count of especially aggravated sexual exploitation of a minor; and two counts of rape, for which the trial court imposed an effective sentence of 121 years in the Department of Correction. The Petitioner subsequently filed a petition for post-conviction relief, which was denied following a hearing. Upon review, we conclude that the pro se petition was filed outside the one-year statute of limitations applicable to post-conviction proceedings. However, because we are unable to determine from the record whether due process requires the tolling of the statute of limitations, we vacate the post-conviction court’s order and remand the case to the post-conviction court for a determination of whether due process tolling applies. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Lee Alan Sprague
The defendant, Lee Alan Sprague, appeals his Roane County Criminal Court jury convictions of reckless driving and driving on a suspended license, claiming that the trial court erred by denying his motion for a new preliminary hearing. Discerning no error, we affirm. |
Roane | Court of Criminal Appeals | |
State of Tennessee v. Samuel Huffine
Pursuant to a plea agreement, the Defendant, Samuel Huffine, pleaded guilty to vehicular homicide by intoxication, reckless aggravated assault, reckless endangerment, driving under the influence of an intoxicant, driving under the influence of an intoxicant per se, driving left of center, and speeding, for an effective sentence of nine years, with the trial court to determine the manner of service of the sentence. Following a sentencing hearing, the trial court ordered the Defendant to serve his sentence in the Tennessee Department of Correction. On appeal, the Defendant asserts that the trial court erred when it denied an alternative sentence. We affirm the trial court’s judgments. |
Sullivan | Court of Criminal Appeals | |
Ladarius L. Reffegee v. Blair Leibach, Warden
Pro se Petitioner, Ladarius L. Reffegee, appeals from the Trousdale County Criminal Court’s summary dismissal of his petition for writ of habeas corpus. On appeal, the Petitioner argues that his judgments of conviction and sentences are void because an arrest warrant was not issued prior to his arrest, divesting the court of jurisdiction to sentence and convict him. The State asserts that the Petitioner failed to show that his judgments were void. Upon review, we affirm the judgment of the habeas corpus court. |
Trousdale | Court of Criminal Appeals | |
Tracy Lebron Vick v. State of Tennessee
The Petitioner, Tracy Lebron Vick, pleaded guilty to second degree murder and received a forty-year sentence. Nineteen years after his sentencing, he filed a petition for postconviction DNA analysis. The post-conviction court denied relief. On appeal, the Petitioner contends that the post-conviction court erred. We affirm the post-conviction court’s judgment. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Mattie Florence Sweeney
Defendant, Mattie Florence Sweeney, was found guilty of gross neglect of an impaired adult as charged in Count One and guilty of neglect of an impaired adult in Count Two. The trial court merged the two convictions into a single conviction for gross neglect of an impaired adult, and sentenced Defendant to a term of five years “to serve.” After the denial of a motion for new trial, Defendant initiated this appeal. On appeal, Defendant argues: (1) the trial court committed plain error by constructively amending the indictment during the jury charge; (2) the trial court erred by admitting testimony about the victim’s driver’s license record; (3) the trial court erred by admitting lay testimony about the victim’s cough and the condition of his skin; (4) the trial court erred by admitting a photograph of the victim’s buttocks into evidence; and (5) the evidence was insufficient to support the convictions. After a review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Gary E. Floyd
The Defendant, Gary E. Floyd, was indicted on one count of attempted first degree murder, a Class A felony; and one count of employment of a firearm during the commission of a dangerous felony, a Class C felony. See Tenn. Code Ann. §§ 39-12-101, -13-202, -17-1324. Following a jury trial, the Defendant was convicted of employment of a firearm during the commission of a dangerous felony and the lesserincluded offense of attempted second degree murder, a Class B felony. See Tenn. Code Ann. §§ 39-12-101, -13-210. The trial court imposed a total effective sentence of fourteen years. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his conviction for attempted second degree murder; (2) that the State withheld exculpatory evidence; (3) that the trial court failed to instruct the jury on the lesser-included offenses of attempted voluntary manslaughter and possession of a firearm with the intent to go armed during the commission of a dangerous felony; (4) that the trial court committed several errors when instructing the jury on self-defense; and (5) that he is entitled to a new trial based upon cumulative error. Following our review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Deandre Bonds aka Israel El-Elyon
The Appellant, Deandre Bonds, aka Israel El-Elyon, was convicted in the Shelby County Criminal Court of one count of driving on a cancelled, suspended, or revoked license, second offense, and one count of evading arrest, both Class A misdemeanors, for which he received a total effective sentence of six months. On appeal, the Appellant contends that the evidence is not sufficient to support the convictions. Based upon our review, we conclude that the judgments of conviction incorrectly note the convictions are Class B misdemeanors; accordingly, the case is remanded to the trial court only for entry of corrected judgments reflecting that the offenses are Class A misdemeanors. The trial court’s judgments are affirmed in all other respects. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. David Von Brown
The Defendant, David Von Brown, was convicted by a Madison County Circuit Court jury of possession of .5 grams or more of cocaine with intent to sell, a Class B felony; possession of .5 grams or more of cocaine with intent to deliver, a Class B felony; two counts of possession of a firearm during the commission of a dangerous felony, Class D felonies; two counts of possession of a firearm during the commission of a dangerous felony by one having a prior felony conviction, Class D felonies; and felon in possession of a firearm, a Class D felony. The trial court merged the two drug convictions and imposed a sentence of twelve years on that conviction; the court merged the four various possession of a firearm during the commission of a dangerous felony convictions and imposed a sentence of five years on that conviction; and the court imposed a sentence of five years on the felon in possession of a firearm conviction. The court ordered that the sentence for the possession of a firearm during the commission of a dangerous felony conviction be served consecutively to the other sentences, which were to be served concurrently, for a total effective term of seventeen years in the Department of Correction. On appeal, the Defendant argues that: (1) the evidence is insufficient to sustain his convictions; (2) the verdict is against the weight of the evidence; and (3) the trial court erred in not considering any mitigating factors in determining his sentences. After review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Harold Allen Vaughn
The Defendant, Harold Allen Vaughn, appealed his convictions for attempted first degree murder, aggravated assault, and especially aggravated robbery, contending that the evidence was insufficient to sustain his convictions and that the trial court erred in failing to instruct the jury that his co-defendant was an accomplice as a matter of law. Upon review, this court affirmed the convictions but remanded the case for entry of a separate judgment form in Count 2 reflecting that the Defendant’s aggravated assault conviction was merged with his attempted first degree murder conviction in Count 1. State v. Harold Allen Vaughn, No. W2016-00131-CCA-R3-CD, 2016 WL 7102748, at *10 (Tenn. Crim. App. Dec. 6, 2016), perm. app. granted and case remanded, No. W2016-00131-SC-R11-CD (Tenn. Nov. 17, 2017) (order). On November 17, 2017, the Tennessee Supreme Court granted the Defendant’s pro se application for permission to appeal and remanded the case to this court for reconsideration in light of the supreme court’s opinion in State v. Henderson, 531 S.W.3d 687 (Tenn. 2017). State v. Harold Allen Vaughn, No. W2016-00131-SC-R11-CD (Tenn. Nov. 17, 2017) (order). Upon further review, we vacate the Defendant’s conviction for especially aggravated robbery, modify this conviction to aggravated robbery, and remand the case to the trial court for a new sentencing hearing and for entry of an amended judgment form in Count 4 reflecting this modified conviction and sentence. We also remand the case for entry of corrected judgments forms in Counts 1 and 2 as specified in this opinion. In all other respects, the judgments of the trial court are affirmed. |
Madison | Court of Criminal Appeals | |
Misty Roberts v. Trinity Minter, Warden
In 1994, the Petitioner, Misty Roberts, pled guilty to four counts of aggravated rape and one count of aggravated kidnapping, and she received an effective sentence of thirty-three years. On August 23, 2017, the Petitioner filed a petition for the writ of habeas corpus, alleging that she remained in custody despite the expiration of her sentences and citing alleged errors in the calculation of her release eligibility and the award of pretrial behavior credits. The trial court dismissed the petition, concluding that the sentences were not expired. On appeal, we conclude that the trial court correctly determined that the Petitioner’s sentences were not expired, and we accordingly affirm the trial court’s denial of relief. |
Lauderdale | Court of Criminal Appeals | |
Terrance Pulliam v. State of Tennessee
Petitioner, Terrance Pulliam, appeals from the summary dismissal of his second petition for writ of error coram nobis. He contends that the coram nobis court erred in dismissing his petition as time-barred. Upon review, we affirm the judgment of the coram nobis court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joel Wayne Allen
The Defendant, Joel Wayne Allen, appeals his convictions from a jury trial, arguing that the evidence was insufficient to support his convictions and that he received ineffective assistance of counsel. The Defendant filed an untimely notice of appeal, and the interest of justice does not support waiver of the timely filing requirement. Accordingly, we dismiss the appeal. |
Benton | Court of Criminal Appeals | |
State of Tennessee v. Dwight Gossett
The Defendant, Dwight Gossett, was convicted in the Shelby County Criminal Court of aggravated sexual battery, a Class B felony, and sentenced by the trial court to twelve years at 100% in the Department of Correction. The sole issue he raises on appeal is whether the evidence was sufficient to sustain his conviction. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Reggie Horton
The defendant, Reggie Horton, appeals his Shelby County Criminal Court jury convictions of attempted voluntary manslaughter, aggravated kidnapping, and simple assault, claiming that the trial court erred by admitting certain evidence and that the evidence was insufficient to support his conviction of aggravated kidnapping. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Raymond Ross
The Appellant, Raymond Ross, appeals from the trial court’s denial of his motion to correct an illegal sentence pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure. The State has filed a motion requesting that this Court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Jason Levi Butts
The Defendant, Jason Levi Butts, fired a shot from a rifle toward a home, and the bullet penetrated the wall and hit the sleeping victim in the hip. The trial court ruled that all three statements which the Defendant made to law enforcement during the investigation of the shooting were admissible. The Defendant was convicted after a bench trial of reckless endangerment, a Class C felony, and reckless aggravated assault, a Class D felony, and the trial court sentenced him to concurrent sentences of three and two years, respectively. The Defendant appeals, asserting that the trial court erred in denying his motion to suppress his statements and that the evidence is insufficient to support the verdicts. We conclude that the trial court erred in admitting the Defendant’s initial statement to police, which he made without being advised of his rights and after law enforcement twice told him he could not leave the police station. However, we conclude that the error was harmless beyond a reasonable doubt, and we affirm the convictions. |
Tipton | Court of Criminal Appeals |
