Eddie Charles Warlick v. State of Tennessee
The petitioner, Eddie Charles Warlick, appeals the denial of his petition for postconviction relief, which petition challenged his 2015 guilty-pleaded conviction of second degree murder, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Ricardo Antonio Demling
The Bedford County Grand Jury indicted the Defendant, Ricardo Antonio Demling, for theft of property valued between $10,000 and $60,000. The jury found the Defendant guilty as charged, and the trial court sentenced him to fifteen years as a Range III persistent offender and ordered this sentence to be served consecutively to any unexpired sentences. On appeal, the Defendant contends that the evidence was insufficient for a rational juror to have found him guilty beyond a reasonable doubt of theft of property between the value of $10,000 and $60,000. He also argues that his sentence was excessive and asks this court to conduct a plain error review of “all objections” and “all issues regarding venue and jurisdiction[.]” After a thorough review of the facts and applicable case law, we affirm. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Timothy J. Hickman
The Appellant, Timothy J. Hickman, 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. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jeffery Carl Shields
Defendant, Jeffrey Carl Shields, pled guilty to one count of burglary and thirteen counts of forgery in exchange for a total effective sentence of twelve years as a Range II, multiple offender. After a sentencing hearing, the trial court denied alternative sentencing and ordered Defendant to serve his sentence in incarceration. This appeal followed. After a review, we determine that the trial court did not abuse its discretion in denying an alternative sentence where Defendant was facing additional charges at the time of sentence and previous attempts at alternative sentencing had failed. Consequently, the judgments of the trial court are affirmed. |
Bedford | Court of Criminal Appeals | |
Mardoche Olivier v. State of Tennessee
Defendant, Mardoche Olivier, was indicted by the Montgomery County Grand Jury for the offense of driving a vehicle at a time when his license to drive had been canceled, suspended, or revoked. This charge is currently pending in Montgomery County Circuit Court. However, Defendant filed pro se a petition for habeas corpus relief in the trial court as to the pending charge. The trial court summarily dismissed the petition the following day, and Defendant has appealed. We conclude that the trial court lacked jurisdiction to consider Defendant’s habeas corpus petition, and accordingly the trial court properly summarily dismissed the petition. We also conclude that because Defendant has filed numerous similar habeas corpus petitions in cases where there is no final judgment to attack and he has repeatedly appealed the dismissals, that this is a frivolous appeal and Defendant is abusing the appellate process. Accordingly, we affirm the trial court’s summary dismissal of the habeas corpus petition, and order that the Clerk of this Court shall not file any further notices of appeal from Defendant in habeas corpus matters unless Defendant attaches to the notice of appeal a copy of the final judgment challenged in his habeas corpus petition. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Jessie D. McDonald
The Petitioner, Jessie D. McDonald, appeals from the Davidson County Criminal Court’s summary dismissal of his petition for a writ of error coram nobis. The Petitioner contends that the coram nobis court erred by summarily dismissing his petition as having been untimely filed and failing to state a cognizable claim. Following our review, we affirm the judgment of the coram nobis court. |
Davidson | Court of Criminal Appeals | |
Mardoche Olivier v. State of Tennessee
The Defendant, Mardoche Olivier, was indicted by the Montgomery County Grand Jury for the offense of driving a vehicle at a time when his license to drive had been canceled, suspended, or revoked. While this charge was pending in Montgomery County Circuit Court, the Defendant filed pro se a petition for habeas corpus relief as to the pending charge. The trial court summarily dismissed the petition and the Defendant has appealed. We conclude that the trial court lacked jurisdiction to consider the Defendant’s habeas corpus petition, and accordingly the trial court properly summarily dismissed the petition. Because the instant appeal is frivolous and because the Defendant is abusing the appellate process, we order that the Clerk of this Court shall not file any further notices of appeal from the Defendant in habeas corpus matters unless the Defendant attaches to the notice of appeal a copy of the final judgment challenged. We tax the costs to the Defendant. |
Montgomery | Court of Criminal Appeals | |
Jerome Lamont Wolley v. State of Tennessee
Jerome Lamont Wolley, the Petitioner, appeals from the post-conviction court’s order summarily dismissing his second |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Antonio Smith
Defendant, Antonio Smith, was indicted by the Knox County Grand Jury in a multi-count presentment with one count of sale of heroin in a drug-free zone, one count of delivery of heroin in a drug-free zone, three counts of possession of heroin with the intent to sell in a drug-free zone, three counts of possession of heroin with the intent to deliver in a drugfree zone, one count of possession of marijuana, two counts of possession of a firearm with the intent to go armed during the commission of a dangerous felony, two counts of felon in possession of a firearm with intent to go armed during the commission of a dangerous felony, three counts of felon in possession of a firearm, and four counts of criminal gang enhancement. A codefendant, Heather Montgomery, was also indicted for several offenses. The trial court dismissed the criminal gang enhancement counts prior to trial after the statute was found unconstitutional by this court in State v. Bonds, 502 S.W.3d 118 (Tenn. Crim. App. 2016). Following a jury trial, Defendant was acquitted of the two counts of felon in possession of a firearm with intent to go armed during the commission of a dangerous felony but found guilty of all other counts as charged. The trial court merged several of the convictions and sentenced Defendant as a career offender to an effective sentence of 72 years. After the denial of a motion for new trial, Defendant initiated this appeal. On appeal Defendant challenges the denial of a pretrial motion to suppress evidence and the sufficiency of the evidence. Having carefully reviewed the record before us and the briefs of the parties, we find no error and affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Devin Whiteside
The Appellant, Devin Whiteside, pled guilty to two counts of aggravated robbery, and he received concurrent sentences of eight years in the Tennessee Department of Correction. Thereafter, the Appellant filed a motion to withdraw his guilty pleas, alleging that after the plea hearing, he obtained information relating to the testimony of two of the State’s witnesses. He maintained that, if he had been provided the information prior to the plea, he would not have pled guilty. The trial court denied the motion, and the Appellant appeals. Upon review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
David Ivy v. State of Tennessee
The Petitioner, David Ivy, appeals the Shelby County Criminal Court’s denial of his petition for a writ of error coram nobis, seeking relief from his conviction of first degree premeditated murder and resulting sentence of death. On appeal, the Petitioner contends that the coram nobis court erred by dismissing his petition, by denying his Rule 36.1 motion to correct an illegal sentence, and by denying his writ of error audita querela. In addition, he asks that this court advise him as to the correct pleading to file in order to challenge his death sentence. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the coram nobis court did not err by denying relief, and we decline to provide an advisory opinion regarding future requests for relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Daniel Perez
The Defendant, Daniel Perez, was convicted of one count of aggravated robbery. The Defendant argues: (1) that the evidence was insufficient to support his conviction, and (2) that the trial court erred in allowing the State to reference witnesses that the Defendant could have produced at trial. Following our review, the judgment is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Antonio Johnson
The Shelby County Grand Jury indicted Defendant, Antonio Johnson, on charges of attempted first degree murder, employing a firearm in the commission of a dangerous felony, reckless endangerment with a deadly weapon, and three counts of aggravated assault; the State later dismissed two of the aggravated assault counts. The jury convicted Defendant of attempted second degree murder, employment of a firearm in the commission of a dangerous felony, aggravated assault, and reckless endangerment with a deadly weapon. The trial court sentenced Defendant to eleven years for the attempted second degree murder conviction, six years for the aggravated assault conviction, six years for the employment of a firearm during the commission of a dangerous felony conviction, and two years for the reckless endangerment conviction. The trial court ordered the sentences for aggravated assault and reckless endangerment to run concurrently with each other and ordered the remaining sentences to run consecutively, for an effective sentence of twenty-three years. On appeal, Defendant argues that (1) the evidence was insufficient for a rational juror to have found him guilty of attempted second degree murder beyond a reasonable doubt; (2) the trial court erred in allowing the admission of testimony regarding Defendant’s past fight with one of the victims; (3) the trial court erred in allowing the admission of a surveillance video; and (4) the trial court erred in ordering partial consecutive sentencing. After a thorough review of the facts and |
Shelby | Court of Criminal Appeals | |
Braylen Bennett v. State of Tennessee
In this interlocutory appeal, the petitioner, Braylen Bennett, appeals the ruling of the post-conviction court denying his request for discovery materials from the State. We conclude that the plain language of both the Post-Conviction Procedure Act and Rule 28 of the Rules of the Tennessee Supreme Court impose upon the State an obligation to provide discovery materials to the petitioner as part of the post-conviction proceeding. We further conclude that the State’s obligation cannot be met by requiring the postconviction petitioner to obtain from his trial counsel those discovery materials disclosed by the State as part of the trial proceeding. Finally, we conclude that, because the postconviction court’s ruling contains insufficient analysis to support its conclusion that none of the disclosures required by Rule 16 of the Tennessee Rules of Criminal Procedure are relevant to the claims presented by the petitioner, the case must be remanded for reconsideration of the petitioner’s request in light of the rulings in this opinion. |
Knox | Court of Criminal Appeals | |
Mardoche Olivier v. State of Tennessee
Defendant, Mardoche Olivier, was indicted for driving on a cancelled, suspended, or revoked license and violating the vehicle registration law. While that charge was pending, Defendant filed pro se a petition for habeas corpus relief, which the trial court summarily denied. After a review of the record, we hold that the trial court correctly dismissed the motion for lack of jurisdiction. Because the present appeal is frivolous and because Defendant is abusing the appellate process, we tax the costs to Defendant and restrict further habeas corpus appeals unless Defendant attaches to his notice of appeal a copy of a final judgment for the challenged conviction. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Michael Eugene Rhodes, Jr.
The Defendant, Michael Eugene Rhodes, Jr., appeals the trial court’s revocation of his community corrections sentence and resentencing him to ten years in the Department of Correction. On appeal, he argues that the trial court erred in revoking his community corrections sentence and in increasing his sentence to ten years. Following our review, we affirm the sentencing decision of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. William D. Lennox, Jr.
The Defendant, William D. Lennox, Jr., appeals from the Sevier County Circuit Court’s order denying his motion to correct illegal sentences. See Tenn. R. Crim. P. 36.1. The Defendant’s counsel has filed a motion to withdraw pursuant to Rule 22 of the Rules of the Tennessee Court of Criminal Appeals. We conclude that counsel’s motion is welltaken and, in accordance with Rule 22(F), affirm the trial court’s judgments pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. |
Sevier | Court of Criminal Appeals | |
William Greene v. State of Tennessee
The Petitioner, William Greene, appeals the denial of his petition for post-conviction relief. The Petitioner pled guilty to aggravated assault, being a convicted felon in possession of a firearm, and intentionally evading arrest in a motor vehicle. Pursuant to the plea agreement, he received an effective three-year sentence. The Petitioner sought post-conviction relief, asserting that he received ineffective assistance of counsel and that his guilty plea was not voluntarily and intelligently entered because trial counsel failed to inform him of a special condition waiving his ability to petition to suspend the remainder of his sentence. Following a hearing, the post-conviction court denied relief. After review of the record and applicable law, we affirm the post-conviction court’s denial of relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Corbyn Davis
A Madison County jury convicted the Defendant, Corbyn Davis, of first degree premeditated murder and being a convicted felon in possession of a firearm. The trial court sentenced the Defendant to life in prison for the murder conviction and to four years for the firearm conviction. On appeal, the Defendant challenges the sufficiency of the evidence to support each conviction. Upon reviewing the record and applicable law, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Thomas J. Privett
The Defendant, Thomas J. Privett, entered a guilty plea to vehicular homicide by intoxication, with an agreed sentence length of ten years and the manner of service to be determined by the trial court. The trial court held a sentencing hearing and determined that the Defendant would serve his sentence in the Tennessee Department of Correction. On appeal, the Defendant argues that the trial court erred in denying alternative sentencing and in fully revoking his probation on a prior conviction. After a review of the record, we determine that there was no abuse of discretion, and we affirm the judgment of the trial court. |
Grundy | Court of Criminal Appeals | |
State of Tennessee v. Christopher D. Linsey
In May 2015, the Montgomery County Grand Jury indicted the Defendant, Christopher D. Linsey, for possession of 0.5 grams or more of cocaine with the intent to sell or deliver, simple possession of marijuana, possession of drug paraphernalia, and resisting arrest. Following a jury trial, the Defendant was convicted as charged, and the trial court sentenced the Defendant, as a Range III persistent offender, to a total effective sentence of twenty-three years. On appeal, he contends that the evidence presented at trial was insufficient to support his conviction for possession of 0.5 grams or more of cocaine with the intent to sell or deliver, and he challenges his sentence as excessive. Upon review, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
Randy Poole v. State of Tennessee
The petitioner, Randy Poole, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial and in filing his motion for new trial. Following our review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
Aaron Westbrook v. State of Tennessee
The petitioner, Aaron Westbrook, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel relating to the entry of his guilty plea. Following our review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
Gregory Griggs v. State of Tennessee
Petitioner, Gregory Griggs, appeals the denial of his petition for post-conviction relief. On June 18, 2015, Petitioner pleaded guilty to multiple offenses: attempted first degree murder; employing a firearm during the commission of a dangerous felony; attempted aggravated robbery; possession of a firearm during the commission of a dangerous felony; and evading arrest. Petitioner received an effective sentence of 24 years’ incarceration. Following an evidentiary hearing, the post-conviction court denied post-conviction relief, finding that Petitioner failed to establish that his trial counsel’s performance was deficient or that he was prejudiced by any alleged deficiency. After a review of the record and the briefs of the parties, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
Jeffrey Henry v. State of Tennessee
Petitioner, Jeffrey Henry, was indicted in case number 13-06323 by a Shelby County Grand Jury for rape of a child and aggravated sexual battery. Petitioner was also indicted in case number 13-06324 for two counts of rape of a child and two counts of aggravated sexual battery. Petitioner entered best interest guilty pleas in both cases to each count of aggravated sexual battery in exchange for dismissal of the remaining charges. Petitioner agreed to serve an out-of-range sentence of 20 years at 100%. Petitioner filed a petition for post-conviction relief, alleging that he received ineffective assistance of counsel and that his pleas were unknowingly and involuntarily entered. Following an evidentiary hearing, the post-conviction court denied relief. After review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals |
