State of Tennessee v. Corey Jones
A Shelby County jury convicted the Defendant, Corey Jones, of aggravated kidnapping, robbery, aggravated burglary, and theft of property valued at $1,000 or more. The trial court imposed an effective nineteen-year sentence. On appeal, the Defendant contends that the trial court erred in requiring that the Defendant wear physical restraints at trial and that the trial court made improper comments in the presence of the jury regarding the credibility of the State’s witnesses. Upon reviewing the record and the applicable law, we affirm the judgments of the trial court. We remand for entry of a corrected judgment reflecting a three-year sentence for the theft conviction. |
Shelby | Court of Criminal Appeals | |
John Ashley Snider v. State of Tennessee
The Petitioner, John Ashley Snider, pleaded guilty to six drug-related charges in exchange for an effective sentence of ten years of Community Corrections, after the service of eleven months and twenty-nine days. At the time of the plea, he reserved a certified question for appeal regarding law enforcement officers’ warrantless entry into his home and the seizure of his person. This court dismissed the appeal, holding that the certified question was not dispositive of the case. State v. John Ashley Snider, No. W2014-01848-CCA-R3-CD, 2015 WL 5014605, at *3-4 (Tenn. Crim. App., at Jackson, Aug. 25, 2015), perm. app. denied (Tenn. Dec. 14, 2015). The Petitioner filed a petition for post-conviction relief, alleging that he had received the ineffective assistance of counsel. The post-conviction court held a hearing, after which it denied the petition. On appeal, we affirm the post-conviction court’s judgment. |
Madison | Court of Criminal Appeals | |
John Ashley Snider v. State of Tennessee - Concurring In Results Only
Trial counsel pursued an appeal following a guilty plea by Petitioner, wherein trial counsel’s work resulted in Petitioner’s appeal being dismissed for a procedural reason. The procedural reason for dismissal of the appeal was that the certified question of law was not dispositive of the case. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Bryan Austin Demeza
The Tipton County Grand Jury indicted the Defendant, Bryan Austin DeMeza, on charges of aggravated child neglect, first degree felony murder, and three counts of aggravated child abuse. The Defendant filed a motion to suppress his statements to law enforcement, which the trial court denied. The jury convicted the Defendant as charged and sentenced him to life for the first degree murder conviction. At a sentencing hearing, the trial court merged the Defendant’s convictions for three counts of aggravated child abuse into his conviction for aggravated child neglect and sentenced the Defendant to twenty years to be served concurrently with his life sentence.The trial court denied the Defendant’s motion for new trial. On appeal, the Defendant argues that: (1) the trial court erred in denying his motion to suppress his statements because he was subject to custodial interrogations without being informed of his rights under Miranda v. Arizona, 384 U.S. 436 (1966); (2) the trial court erred in admitting extrinsic evidence of the Defendant’s prior false statements under Tennessee Rules of Evidence 401 and 608(b); and (3) the evidence was insufficient for a rational juror to have found the Defendant guilty beyond a reasonable doubt. The State argues that the trial court erred in merging the Defendant’s three aggravated child abuse convictions into his aggravated child neglect conviction. After a thorough review of the evidence and applicable case law, we affirm the Defendant’s convictions for felony murder and three counts of aggravated child abuse. Because the evidence at trial was insufficient for a rational juror to have found the Defendant guilty of aggravated child neglect beyond a reasonable doubt but was sufficient for a finding of guilt of child neglect, we reduce the Defendant’s aggravated child neglect conviction to child neglect and remand for sentencing on the child neglect conviction. We also conclude that the trial court erred in merging the three aggravated child abuse convictions into the aggravated child neglect conviction and remand for sentencing on the Defendant’s three aggravated child abuse convictions. |
Tipton | Court of Criminal Appeals | |
James Allen v. State of Tennessee
The petitioner, James Allen, appeals the denial of post-conviction relief from his 2013 Washington County Criminal Court jury convictions of first degree murder and possession of a firearm with intent to employ it during the commission of first degree murder, for which he received a life sentence. In this appeal, the petitioner contends only that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm. |
Washington | Court of Criminal Appeals | |
State of Tennessee v. Antwuan Matias Gordon
Defendant, Antwuan Matias Gordon, entered an open guilty plea to one count of driving a motor vehicle after having been declared a habitual motor vehicle offender, in violation of Tennessee Code Annotated section 55-10-616. The trial court sentenced Defendant to serve four years in incarceration. On appeal, Defendant argues that the trial court erred by denying an alternative sentence. After a review, we affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Benjamin Tate Brown
The Defendant, Benjamin Tate Brown, was indicted for driving under the influence (DUI), driving while his blood alcohol concentration was .08% or more (DUI per se); and DUI, second offense. Following a bench trial, the Defendant was found guilty of DUI, second offense, and the remaining charges were dismissed. On appeal, the Defendant contends that the trial court erred in not suppressing the evidence because the officer lacked probable cause to stop his vehicle and in finding the offense was a second offense because his convictions were more than ten years apart. Following our review, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Timothy Mark Hartsfield
In 2016, the Defendant, Timothy Mark Hartsfield, entered a best interest plea to possession of methamphetamine, possession of synthetic marijuana, and unlawful possession of a firearm during the commission of a dangerous felony. The Defendant reserved a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) as to whether the search of the Defendant’s residence was valid based on statements made by the investigating officer in the search warrant application. The trial court sentenced the Defendant to ten years of incarceration. After a thorough review of the record and relevant authorities, we affirm the trial court’s judgment. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. Terry Sanders
Terry Sanders, the Movant, filed a “Motion to Correct Illegal Sentence” pursuant Rule 36.1 of the Tennessee Rules of Criminal Procedure claiming that his sentence was illegal because the State failed to comply with the ten-day notice requirement of intent to seek enhanced punishment, the State intentionally filed an improper notice to interfere with the Movant’s due process rights, and the trial court erred in calculating his prior felony convictions and sentencing him as a career offender. The trial court found that the Movant failed to state a colorable claim and summarily dismissed the motion. We affirm. |
Houston | Court of Criminal Appeals | |
State of Tennessee v. Christopher M. Mullins
The defendant, Christopher M. Mullins, appeals the revocation of the six-year probationary sentence imposed for his 2013 conviction of manufacturing .5 grams or more of methamphetamine, arguing that the trial court erred by ordering that he serve the balance of his sentence in confinement. Discerning no error, we affirm. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Matthew George Vogel
The Defendant, Matthew George Vogel, appeals from the Hamilton County Criminal Court’s revocation of probation for his Range I, eight-year sentence for possession with the intent to sell methamphetamine, a Class B felony. See T.C.A. § 39-17-417 (2014). The Defendant contends that the trial court erred in revoking his probation and ordering him to serve the remainder of his sentence in confinement. We affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Duran Maszae Lee
The Defendant, Duran Maszae Lee, was convicted by an Anderson County Criminal Court jury of possession with the intent to sell or to deliver more than 0.5 gram of cocaine, a Class B felony. See T.C.A. § 39-17-417(a)(4) (2010) (amended 2012, 2014). The trial court sentenced the Defendant as a Range II, multiple offender to sixteen years’ confinement. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction, (2) that the indictment is duplicitous, and (3) the trial court erred by failing to exclude his pretrial statements to the police. We affirm the judgment of the trial court. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Mena Mekhaen Boutrous
Defendant, Mena Mekhaen Boutrous, was convicted of two counts of aggravated arson and one count of attempted first degree murder after a bench trial. The trial court merged the two counts of aggravated arson and sentenced Defendant to twenty years for the conviction for aggravated arson and twenty years for the conviction for attempted first degree murder, to be served concurrently. On appeal, Defendant argues that: (1) the trial court erred by excluding evidence of Defendant’s mental health; (2) the evidence was insufficient to support the convictions; and (3) the sentences were excessive. After a review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Howard Melton
The defendant, Howard Melton, appeals his Knox County Criminal Court jury conviction of sexual exploitation of a minor, claiming that the trial court erred by improperly admitting certain evidence and that the evidence was insufficient to support his conviction. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Roger Terry Johnson
Defendant, Roger Terry Johnson, is appealing the trial court’s denial of his motion to correct an illegal sentence filed pursuant to Tennessee Rule of Criminal Procedure 36.1 The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted. |
Davidson | Court of Criminal Appeals | |
Jerry Finis Layne v. State of Tennessee
The Petitioner, Jerry Finis Layne, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of counsel and that his guilty plea was unknowingly and involuntarily entered. Following our review, we affirm the denial of the petition. |
Grundy | Court of Criminal Appeals | |
State of Tennessee v. Gregory Lee Gordon
The Defendant, Gregory Lee Gordon, pled guilty to aggravated assault by strangulation, a Class C felony, and after a sentencing hearing, was ordered to serve nine years in the Tennessee Department of Correction. On appeal, he argues that the trial court erred in denying his request for an alternative sentence. After review, we affirm the sentencing decision of the trial court. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. Terance P. Bradley, aka Terrance P. Bradley
The Defendant, Terance P. Bradley, aka Terrance P. Bradley, was convicted by a Davidson County Criminal Court jury of aggravated burglary, a Class C felony; reckless aggravated assault, a Class D felony; and assault, a Class A misdemeanor. The trial court sentenced him as a Range III, persistent offender to twelve years at 45% for the aggravated burglary conviction; as a Range IV, career offender to twelve years at 60% for the reckless aggravated assault conviction; and to eleven months, twenty-nine days for the misdemeanor assault conviction, with all sentences to be served concurrently with each other but consecutively to his convictions in another case. On appeal, the Defendant challenges the sufficiency of the evidence of his aggravated burglary and reckless aggravated assault convictions. Following our review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
De'Quon Letray Boyd v. State of Tennessee
The petitioner, De’quon Letray Boyd, appeals the denial of his petition for post-conviction relief, which petition challenged the petitioner’s 2011 convictions of attempted first degree premeditated murder, premeditated murder, felony murder, two counts of aggravated assault, reckless endangerment, and aggravated criminal trespass. In this appeal, the petitioner argues that he was deprived of the effective assistance of counsel at trial. We affirm the denial of post-conviction relief. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Deredious Otis, Brashard Gibbs and Carlos Key
Defendants Deredious Otis and Carlos Key each were convicted of one count of first degree premeditated murder and two counts of attempted first degree murder, and Defendant Brashard Gibbs was convicted of one count of first degree premeditated murder, five counts of attempted first degree murder, and three counts of employing a firearm during the commission of a dangerous felony. Defendants Otis and Key each were sentenced to life for their first degree murder conviction and twenty-five years for each of their attempted first degree murder convictions, with all sentences to be served consecutively. Defendant Gibbs was sentenced to life for the first degree murder conviction, twenty-five years for each of the five counts of attempted first degree murder, and six years for each of the three counts of employing a firearm during the commission of a dangerous felony, with all sentences to be served consecutively. On appeal, all three Defendants argue that the evidence is insufficient to support the verdicts and that the trial court erred in consolidating the indictments; and Defendants Otis and Gibbs argue that the court erred in sentencing. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ernest Butler aka Antonio Butler
The Defendant, Ernest Butler, aka Antonio Butler, was convicted of first degree felony murder and being a convicted felon in possession of a firearm. He was sentenced to life imprisonment and fifteen years, respectively, to be served consecutively. On appeal, he argues that the evidence is insufficient to sustain the murder conviction. We disagree and affirm the judgments. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Brandon Cole-Pugh
Following a jury trial, the defendant, Brandon Cole-Pugh, was convicted of being a felon in possession of a handgun and sentenced to eight years. On appeal, the defendant challenges the trial court’s denial of his request for an instruction on the defense of necessity. Having thoroughly reviewed the record, we conclude the trial court did not err in denying the defendant’s request on the defense of necessity. |
Madison | Court of Criminal Appeals | |
Rodney Smith v. State of Tennessee
The petitioner, Rodney Smith, appeals the denial of post-conviction relief from his Shelby County Criminal Court convictions for attempted especially aggravated robbery, aggravated burglary, employment of a firearm during the commission of a dangerous felony, convicted felon in possession of a handgun, and convicted felon in possession of a firearm. On appeal, the petitioner alleges he received ineffective assistance of counsel due to trial counsel’s failure to call a material witness at trial. Discerning no error, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Darrell M. Anderson v. State of Tennessee
The petitioner, Darrell M. Anderson, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial. After our review of the record, briefs, and applicable law, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
Jose A. Rivas v. Randy Lee, Warden
The petitioner, Jose A. Rivas, appeals the summary dismissal of his petition for writ of habeas corpus, which challenged his 2005 Hancock County Criminal Court guiltypleaded convictions of facilitation of first degree murder. Discerning no error, we affirm. |
Johnson | Court of Criminal Appeals |
