William George Cox v. State of Tennessee
The petitioner, William George Cox, appeals the denial of post-conviction relief from his 2008 Davidson County Criminal Court guilty-pleaded convictions of aggravated burglary and theft of property, for which he received an effective sentence of 10 years. In this appeal, the petitioner contends only that he was denied the effective assistance of counsel. We affirm the judgment of the post-conviction court but remand for correction of clerical errors in the judgment forms. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Terry L. Brazzell
In this appeal, the defendant, Terry L. Brazzell, challenges the denial of his pre-sentencing motion to withdraw his guilty plea to one count of vehicular homicide and challenges his Range II, 20-year sentence imposed for that conviction. Discerning no error, we affirm. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Grace Ann Blair
The Defendant, Grace Ann Blair, was charged in a two-count indictment with driving under the influence (“DUI”) and DUI per se, Class A misdemeanors. See T.C.A. § 55-10-401(1), (2). She moved to dismiss the charges after discovering that her blood sample was destroyed a little over one year after her arrest. The trial court granted the dismissal, finding that the sample contained potentially exculpatory evidence which could have shown that the Defendant’s actions were involuntarily undertaken while she was under the influence of Ambien. The State appeals. Because we have determined that the Defendant’s due process rights were not violated by the destruction of the sample, we reverse the dismissal of the charges and remand for further proceedings consistent with this opinion. |
Montgomery | Court of Criminal Appeals | |
Marvin Davis v. State of Tennessee
The Petitioner, Marvin Davis, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his rape of a child conviction, for which he is serving a twenty-five-year sentence. He contends that he received the ineffective assistance of counsel and that the post-conviction judge erred in denying the Petitioner’s motion to recuse. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. David T. Morrow
The appellant, David T. Morrow, appeals the summary denial of his Motion to Correct Illegal Sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. The appellant's sentences have expired. He argues, however, that he is entitled to relief because he received concurrent sentences instead of statutorily required consecutive sentences, and the trial court erred in summarily denying his motion without a hearing. Following our review, we conclude the appellant does not state a colorable claim for relief, and we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Daryl Bobo v. State of Tennessee
The Petitioner, Daryl Bobo, appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner contends that his trial counsel was ineffective (1) in failing to adequately explain to him the terms of a plea offer made by the State; (2) in failing to adequately meet with and prepare him for trial; and (3) for failing to adequately cross-examine the State’s witnesses. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Charles Graham aka Charles Stevenson v. Grady Perry, Warden
The Petitioner, Charles Graham a/k/a Charles Stevenson, appeals as of right from the Hardeman County Circuit Court's summary dismissal of his petition for a writ of habeas corpus. In his petition, the Petitioner argued that his conviction for simple possession was improperly enhanced and that his conviction for tampering with evidence was invalid because the evidence was not destroyed. On appeal, the Petitioner contends that his conviction for simple possession is void because the trial court unlawfully relied on forty-year-old convictions from other states to enhance his sentence. Also, he argues that the trial court clerk's failure to include the judgment form for his simple possession charge in the record on direct appeal denied the Petitioner consideration of the merits of his direct appeal. Finally, the Petitioner argues that the cumulative effect of these two errors results in structural constitutional error, which invalidates his conviction for tampering with evidence. Following our review, we affirm the dismissal order of the habeas corpus court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Jeremy L. Saxton
Defendant, Jeremy L. Saxton, was convicted of one count of assault and one count of resisting arrest. As a result of the convictions, Defendant received judicial diversion with probation for eleven months and twenty-nine days. After the denial of a motion for new trial, Defendant filed a timely notice of appeal. Upon our review we determine that Defendant was not entitled to an evidentiary hearing on the motion to suppress because there was no evidence to suppress. Further, we conclude that the record on appeal is incomplete, precluding our review of the sufficiency of the evidence. Consequently, the judgments of the criminal court are affirmed and the matter is remanded for correction of a clerical error. |
Sumner | Court of Criminal Appeals | |
Calvin E. Bartlett v. State of Tennessee
Petitioner, Calvin E. Bartlett, received an effective ten-year sentence as the result of a January 2015 plea agreement that disposed of two felonies and six misdemeanors in two different cases in the Madison County Criminal Court. Petitioner subsequently filed a petition for post-conviction relief, alleging that he received ineffective assistance of counsel and that his guilty pleas were made unintelligently. The post-conviction court denied relief, and Petitioner timely appealed. Because Petitioner failed to prove that he received ineffective assistance of counsel, the decision of the post-conviction court is affirmed. |
Madison | Court of Criminal Appeals | |
Darren Brown v. State of Tennessee
Petitioner, Darren Brown, appeals the dismissal of his petition for writ of error coram nobis after the coram nobis court determined that the petition was untimely. We affirm the judgment of the coram nobis court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Alphonso Bowen
Defendant, Alphonso Bowen, was indicted by the Shelby County Grand Jury for one count of aggravated robbery. Following a jury trial, Defendant was convicted as charged. Following a sentencing hearing, the trial court ordered Defendant to serve 12 years in the Tennessee Department of Correction. In this appeal as of right, Defendant raises the following issues for our review: 1) whether the trial court erred by allowing testimony regarding the hearsay contents of an anonymous note; 2) whether the trial court erred by allowing the State to impeach Defendant with evidence of a prior conviction; 3) whether the trial court erred by allowing testimony in violation of its ruling on a motion in limine precluding discussion of Defendant's arrest; 4) whether the trial court erred by asking questions of the State's expert witness; 5) whether it was plain error for the trial court to allow a lay witness to give an expert opinion regarding Defendant's fingerprints; 6) whether the trial court erred by excluding testimony by Defendant regarding a photograph; 7) whether the evidence was sufficient to support Defendant's conviction; and 8) whether the cumulative effect of the trial court's errors require a reversal of Defendant's conviction. Having reviewed the entire record and the parties' briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ytockie Fuller aka Yteikie Washington
The defendant, Ytockie Fuller aka Yteikie Washington, was convicted of first degree murder, Tenn. Code Ann. § 39-13-202, and possession of a firearm after a felony conviction, Tenn. Code Ann. § 39-17-1307(b)(1)(A). On appeal, the defendant challenges the sufficiency of the evidence supporting the first degree murder conviction arguing that the State failed to prove premeditation. Additionally, the defendant contends that statements made by the victim in a recorded telephone call prior to his death were inadmissible hearsay and that the State's multiple playing of the recording served to inflame the jury. After our review, we conclude that the defendant's arguments are without merit. Accordingly, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
Courtney Bishop v. State of Tennessee
The Petitioner, Courtney Bishop, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief from his convictions of first degree felony murder and attempted aggravated robbery and resulting effective sentence of life plus three years. On appeal, the Petitioner contends that he received the ineffective assistance of counsel. Based upon the record and the parties' briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Jeffery W. Dean v. State of Tennessee
The Petitioner, Jeffery W. Dean, filed for post-conviction relief from his convictions of aggravated kidnapping and carjacking, alleging that his trial counsel was ineffective by failing to explain the State’s evidence against the Petitioner and counsel’s trial strategy and by failing to prepare the Petitioner to testify at trial. The post-conviction court denied the petition, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Antonio Terrell Pewitte
Defendant, Antonio Terrell Pewitte, was convicted of aggravated child neglect and received a sentence of twenty years. Defendant raises the following issues in his direct appeal: (1) whether the trial court erred by failing to require the State to make an election of offenses; (2) whether the evidence is sufficient to support his conviction; (3) whether the trial court abused its discretion by admitting multiple photographs of the victim’s injuries; (4) whether the trial court erred by admitting hearsay testimony; (5) whether the trial court abused its discretion by not granting a mistrial based on prosecutorial misconduct during closing argument; and (6) whether the trial court abused its discretion during sentencing. Following a careful review of the record, the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Antonio Terrell Pewitte - Concurring Opinion
I join the majority in affirming Defendant’s conviction of child neglect. However, I write separately because I conclude that the trial court erred by allowing Ms. Donnell to testify about statements made to her by the victim and the victim’s mother. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Amilcar Crabeal Butler
The Petitioner, Amilcar Crabeal Butler, appeals the trial court’s dismissal of his motion to correct an illegal sentence. On appeal, the Petitioner asserts that the trial court’s dismissal was improper because the trial court relied on State v. Brown, 479 S.W.3d 200 (Tenn. 2015), which the Petitioner argues was wrongly decided. After a thorough review of the record, we affirm the dismissal of the petition in accordance with Rule 20, Rules of the Court of Criminal Appeals. |
Davidson | Court of Criminal Appeals | |
Christopher D. Neighbours v. State of Tennessee
Christopher D. Neighbours (“the Petitioner”) appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner contends that: (1)his due process rights were violated when the State failed to disclose a “potential plea deal” between the State and a cooperating co-defendant, who testified against the Petitioner at trial; (2) he received ineffective assistance of counsel based upon trial counsel’s failure to object to the prosecutor’s vouching for a witness during closing argument; (3) appellate counsel was ineffective based upon counsel’s failure to appeal the imposition of consecutive sentencing; and (4) appellate counsel had an actual conflict of interest when he represented the Petitioner on direct appeal. Upon review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Antonio J. Beasley, Sr.
The defendant, Antonio J. Beasley, Sr., appeals the summary denial of his motion, filed pursuant to Tennessee Rule of Criminal Procedure 36, to correct perceived clerical errors in the challenged judgments. Discerning no error, we affirm. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Sherry Dewitt
Following a jury trial, the Defendant, Sherry Dewitt, was acquitted of aggravated child abuse but convicted of aggravated child neglect. She now appeals as of right from that conviction, challenging the sufficiency of the evidence supporting the requisite mental state for that crime and that the child suffered an adverse effect to her health and welfare from the Defendant’s alleged neglect as statutorily required. Following our review, we conclude that the evidence was sufficient to support a knowing mens rea, but we reverse the Defendant’s conviction because there was insufficient proof that the Defendant’s delay in informing the parents about the child’s injuries or in seeking medical help had an actual, deleterious effect on the child’s health and welfare. Therefore, the judgment is vacated, and the charge is dismissed. |
Davidson | Court of Criminal Appeals | |
William James Watt v. State of Tennessee
The petitioner, William James Watt, appeals the denial of his petition for post-conviction relief, which challenged his 2012 Davidson County Criminal Court jury convictions of three counts of rape of a child and three counts of aggravated sexual battery, claiming that he was deprived of the effective assistance of counsel at trial and on appeal. Discerning no reversible error, we affirm the denial of post-conviction relief. |
Davidson | Court of Criminal Appeals | |
Shane Seth Ghorley v. Brandi Lynn Ghorley
This appeal, which stems from a divorce action, involves issues of child support and an award of attorney’s fees. The father asserts error in the trial court’s decision to award to the mother attorney’s fees in the amount of $25,000 as alimony in solido. The father also argues that his co-parenting time with the children was not properly calculated when setting his child support obligation. Following our thorough review of the evidence in light of the statutory factors, we conclude that the trial court properly awarded $25,000 for attorney’s fees to the mother as alimony in solido. We also determine, however, that the permanent parenting plan order entered by the trial court contains an internal inconsistency. We therefore vacate the permanent parenting plan order and remand to the trial court for entry of an appropriate and internally consistent permanent parenting plan order. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. James Allen Gooch
The Appellant, James Allen Gooch, is appealing the trial court’s order dismissing his motion to correct an illegal sentence filed pursuant to Rule of Criminal Procedure Rule 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. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Amanda L. Irwin
Amanda L. Irwin (“the Defendant”) pled guilty to driving under the influence and possession of an open container of an alcoholic beverage, reserving two certified questions of law challenging the trial court’s denial of a motion to suppress. On appeal, the Defendant asserts that the law enforcement officer lacked reasonable suspicion to ask her to step out of her car and perform field sobriety tests. After a review of the record and applicable law, we affirm the trial court’s denial of the motion to suppress. |
Coffee | Court of Criminal Appeals | |
Dennis Cedric Woodard, Jr. v. State of Tennessee
The Petitioner, Dennis Cedric Woodard, Jr., appeals the Bedford County Circuit Court’s denial of his petitions for post-conviction relief and for a writ of error coram nobis from his first degree premeditated murder conviction and his resulting life sentence. The Petitioner contends that the court erred by denying (1) post-conviction relief and (2) coram nobis relief. We affirm the judgments of the post-conviction and coram nobis court. |
Bedford | Court of Criminal Appeals |
