State of Tennessee v. Antoine Tony Blugh
The Defendant-Appellant, Antoine Tony Blugh, was charged by presentment in count 1 of violating the Sex Offender Registration Act by establishing a residence within 1000 feet of a public park, in count 2 of violating the Sex Offender Registration Act by failing to timely register within forty-eight hours of changing his residence, in count 3 of an enhanced violation of the Sex Offender Registration Act by establishing a residence within 1000 feet of a public park after already having been convicted of a prior sex offender registry violation, and in count 4 of an enhanced violation of the Sex Offender Registration Act by failing to timely register after already having been convicted of a prior sex offender registry violation, all of which were Class E felonies. See T.C.A. §§ 40-39-211, -208. Prior to trial, Blugh filed a motion to dismiss the presentment, which the court denied. At trial, the jury acquitted Blugh in counts 1 and 3 but convicted him of count 2, and, following the second part of the bifurcated trial, convicted him of the enhanced violation in count 4. After merging count 2 with count 4, the trial court imposed a sentence of two years and six months, with a mandatory minimum sentence length of 180 days‟ imprisonment. See id. § 40-39-208(d). On appeal, Blugh argues: (1) the trial court erred in denying his motion to dismiss the presentment; (2) the trial court erroneously instructed the jury as to the applicable law regarding his status as a sexual offender in Tennessee; and (3) the trial court erred in denying his motion for judgment of acquittal because there was a fatal variance between the crimes alleged in the presentment and the evidence presented at trial. Upon review, the judgments of the trial court are affirmed. |
Sullivan | Court of Criminal Appeals | |
Marvin Matthews v. Henry Steward, Warden
The Petitioner, Marvin Matthews, appeals the trial court's denial of his petition for writ of habeas corpus. 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. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Maurice Currie
The defendant, Maurice Currie, appeals the summary dismissal of his motion to correct an illegal sentence. He asserts that the trial court erred in summarily dismissing his motion because Rule 36.1 of the Tennessee Rules of Criminal Procedure does not place a time limit on the filing of a claim and the court improperly treated the motion as a petition for writ of habeas corpus. After review, we reverse the trial court’s judgment and remand for proceedings consistent with this opinion. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Stacey Philander Baldon
The defendant, Stacey Philander Baldon, appeals the summary denial of his motion, filed pursuant to Tennessee Rule of Criminal Procedure 36.1, to correct what he believes to be an illegal sentence. Because the petitioner stated a colorable claim for relief under Rule 36.1, which the State concedes, the trial court erred by summarily denying the motion. In consequence, we reverse the judgment of the trial court and remand the case for further proceedings. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Stacey Philander Baldon-Concurring
I concur with the results of the majority, but from a somewhat different view. I agree the arrival of Rule 36.1 has produced an anathema. I further agree that the trial court misapprehended Defendant’s claim as one that would result in permissive sentence alignment. |
Lauderdale | Court of Criminal Appeals | |
Christopher Michael Hooten v. State of Tennessee
The pro se Petitioner, Christopher Michael Hooten, appeals as of right from the Maury County Circuit Court’s summary dismissal of his petition for post-conviction relief. On appeal, the Petitioner contends that his petition presented a colorable claim of ineffective assistance of counsel and, therefore, that the post-conviction court erred by summarily dismissing the petition. The State concedes that the Petitioner presented a colorable claim for relief. Following our review, we agree with the parties and remand for the appointment of counsel and an evidentiary hearing. |
Maury | Court of Criminal Appeals | |
Junior P. Samuel v. State of Tennessee
The petitioner, Junior P. Samuel, appeals pro se from the summary dismissal of his 2015 petition for post-conviction relief, which challenged his 2009 convictions of rape and sexual battery by an authority figure. Because the petition was filed beyond the applicable statute of limitations, because this is the petitioner’s second successive petition for post-conviction relief, and because the petitioner failed to prove a statutory exception to the timely filing or a due process tolling of the statute of limitations, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Bruce Turner v. State of Tennessee
The Petitioner, Bruce Turner, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief from his 2010 conviction for rape of a child and his twenty-five-year sentence. He contends that he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jon Michael Johnson
Pursuant to Rule 37(b) of the Tennessee Rules of Criminal Procedure, the defendant, Jon Michael Johnson, who pleaded guilty to one count of driving under the influence (“DUI”), appeals two related certified questions of law relative to the validity of the instrument used to measure his blood alcohol level following his arrest. Because neither of the certified questions presented is dispositive of the defendant’s case, the appeal is dismissed. |
Davidson | Court of Criminal Appeals | |
Jason Charles Austin v. State of Tennessee
Petitioner, Jason Charles Austin, appeals from the denial of his petition for post-conviction relief. Petitioner was indicted for one count of first degree murder. Petitioner was convicted by a jury of second degree murder and sentenced by the trial court to 23 years incarceration. Petitioner's conviction and sentence were affirmed by this court on direct appeal. State v. Charles Austin, No. E2010-00796-CCA-R3-CD, 2012 WL 2445058 (Tenn. Crim. App., June 28, 2012), perm. app. denied (Tenn., Nov. 21, 2012). Petitioner sought post-conviction relief, alleging that his trial counsel provided ineffective assistance. Following an evidentiary hearing, the post-conviction court denied relief. Having reviewed the entire record before us and the briefs of the parties, we conclude that the evidence does not preponderate against the post-conviction court's findings and conclusions. Accordingly, the judgment of the post-conviction court is affirmed. |
Washington | Court of Criminal Appeals | |
State of Tennessee v. Michael Smith
The defendant, Michael Smith, was convicted of aggravated burglary and sentenced as a Range II, multiple offender to ten years, the sentence to be served consecutively to a sentence previously imposed in another matter. On appeal, he argues that the evidence is insufficient to support his conviction and that the trial court erred by the following rulings: (1) instructing as to flight; (2) concluding that the defendant could be impeached with prior convictions for rape and attempted rape; (3) engaging in an ex parte communication with the jury; (4) refusing to grant a mistrial; (5) concluding the defendant could receive a fair trial even though the State had lost or destroyed recordings of telephone calls and jail visits; and (6) not allowing the defendant to present certain proof to impeach one of the State's witnesses. Following our review, we conclude that the issues raised on appeal are without merit and affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Edward Sample
The defendant, Edward Sample, was convicted of one count of aggravated robbery, a Class B felony, one count of attempted aggravated robbery, a Class C felony, and two counts of aggravated assault, Class C felonies. On appeal, the defendant argues that the trial court erred in admitting evidence of his other crimes, that the trial court erred in failing to declare a mistrial, and that he was improperly fingerprinted during trial without counsel present. Following our review of the briefs of the parties, the record, and the applicable law, we conclude that the trial court erred in admitting the evidence of other crimes, and we reverse the defendant’s convictions and remand for a new trial. |
Shelby | Court of Criminal Appeals | |
Matthew Dixon v. State of Tennessee
The petitioner, Mathew Dixon, appeals the summary dismissal of his petition to reopen his petition for post-conviction relief as time-barred. The petitioner was convicted of first degree murder and two counts of especially aggravated kidnapping. He subsequently filed both a direct appeal and a petition for post-conviction relief in his case. He has now filed the instant petition to reopen his petition for post-conviction relief, alleging a later-arising claim. Specifically, he contends that he subsequently learned that a witness at trial against him had an agreement with the prosecution. He contends that the post-conviction court erred in not finding that the statute of limitations should be tolled. Following review of the record, we conclude we are without jurisdiction to review the challenged issue. Accordingly, the summary dismissal is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Carlos Campbell
The Defendant, Carlos Campbell, was indicted for seven counts of attempted first degree murder, a Class A felony; two counts of employing a firearm during the commission of a dangerous felony, a Class C felony; and two counts of felony reckless endangerment by discharging a firearm into a habitation, a Class C felony. See Tenn. Code Ann. §§ 39-12-101, -13-103, -13-302, -17-1324(b)(1). Prior to trial, the State dismissed the reckless endangerment charges. Following a jury trial, the Defendant was convicted of two counts of attempted first degree murder, one count of employing a firearm during the commission of a dangerous felony, and five counts of misdemeanor reckless endangerment. See Tenn. Code Ann. § 39-13-103(b)(1). The jury acquitted the Defendant of the other charge of employing a firearm during the commission of a dangerous felony. The trial court sentenced the Defendant to a total effective sentence of forty-six years. On appeal, the Defendant contends (1) that the trial court erred in denying his motion to suppress one of his confessions to the police; (2) that the portion of his confession played at trial contained impermissible evidence of other prior bad acts; (3) that there was no evidence corroborating his confessions; (4) that the evidence was insufficient to sustain his convictions; (5) that the trial court erred in setting the length of his sentences for attempted first degree murder; and (6) that the trial court erred in imposing partial consecutive sentences. At oral arguments, we instructed the parties to submit supplemental briefs on the issue of whether misdemeanor reckless endangerment is a lesser-included offense of attempted first degree murder. Following our review, we affirm the Defendant's convictions and sentences for attempted first degree murder and employing a firearm during the commission of a dangerous felony. However, we conclude that misdemeanor reckless endangerment is not a lesser-included offense of attempted first degree murder; therefore, the Defendant's convictions for misdemeanor reckless endangerment are reversed and dismissed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Carl Christopher Dotson
Following a bench trial, the Defendant-Appellant, Carl C. Dotson, was convicted of driving on a revoked license, eighth offense, and driving under the influence (DUI), third offense, in violation of Tennessee Code Annotated sections 55-50-504 and 55-10-401, respectively. For these offenses, the trial court imposed concurrent sentences of eleven months and twenty-nine days, to be served consecutively to an unrelated matter. In this appeal as of right, the Defendant-Appellant argues that the trial court erred by using a prior 1998 DUI conviction to enhance the instant DUI to a third offense and that the evidence was insufficient to support his DUI conviction. Upon review, we affirm the judgments of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Gregory Dale
The defendant, Gregory Dale, was convicted by a Williamson County Circuit Court jury of two counts of aggravated assault, Class C felonies, and simple assault, a Class A misdemeanor. He was sentenced to four years, suspended to supervised probation after serving one year in the county jail. On appeal, the defendant argues that the trial court erred in excluding evidence of the victim’s prior violent mood swings to corroborate his claim that the victim was the first aggressor and he acted in self-defense. After review, we affirm the judgments of the trial court. |
Williamson | Court of Criminal Appeals | |
Cyrus Randy Whitson v. State of Tennessee
A Davidson County jury convicted the Petitioner, Cyrus Randy Whitson, of first degree murder. The Petitioner appealed, and this Court affirmed the conviction. State of Tennessee v. Cyrus Randy Whitson, No. M2007-02197-CCA-R3-CD, 2009 WL 3787457, at *1-3 (Tenn. Crim. App., at Nashville, Nov. 12, 2009) perm. app. denied (Tenn. April 23, 2010). Thereafter, the Petitioner timely filed a petition for post-conviction relief, and, after a hearing, the post-conviction court issued an order denying the petition. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel. After a thorough review of the record and relevant law, we affirm the post-conviction court’s judgment. |
Davidson | Court of Criminal Appeals | |
Jimmy W. Wilson v. David Sexton, Warden
The petitioner, Jimmy W. Wilson, appeals the summary dismissal of his petition for writ of habeas corpus, which challenged the life sentence imposed based upon a Sullivan County Criminal Court jury's finding that he was a habitual criminal following his 1985 conviction of rape. Discerning no error, we affirm. |
Morgan | Court of Criminal Appeals | |
Chad Richard Dietz v. State of Tennessee
Petitioner, Chad Richard Dietz, sought post-conviction relief on the basis of an involuntary guilty plea and ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. Because Petitioner has failed to provide clear and convincing evidence that he received ineffective assistance of counsel or that his plea was involuntary, we affirm the judgment of the post-conviction court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Darren Antonio Smith
Defendant, Darren Antonio Smith, was indicted by the Montgomery County Grand Jury with one count of aggravated burglary, one count of vandalism over $1000, and one count of theft of property under $500. After a jury trial, Defendant was convicted of the lesser included offense of criminal trespass and was convicted as charged of vandalism and theft. On appeal, Defendant challenges the sufficiency of the convicting evidence. Upon our thorough review of the record, we conclude that the evidence is sufficient to support Defendant’s convictions and affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Jennifer Lopez and Sergio H. Gonzalez
Following a jury trial, Jennifer Lopez (“Defendant Lopez”) was convicted of one count of aggravated child neglect, and her ex-boyfriend, Sergio H. Gonzalez (“Defendant Gonzalez”) was convicted of two counts of aggravated child neglect in connection with severe abdominal injuries received by Defendant Lopez’s two-year-old son, N.L, in September 2011. On appeal, Defendant Gonzalez argues that: (1) the trial court erred in denying his motion to suppress his September 27, 2011 interview with lead investigator, Detective Pilarski; (2) the trial court erred in allowing the State to introduce evidence of N.L.’s bruises; (3) the trial court erred in preventing Defendant Gonzalez from impeaching Detective Pilarski with evidence from the detective’s personnel file; (4) the evidence was insufficient to support his convictions; and (5) the trial court erred when it sentenced Defendant Gonzalez to twenty years for one of his aggravated child neglect convictions. Defendant Lopez argues that: (1) the trial court erred in failing to strike “improper statements made by the State’s attorney in closing arguments”; (2) the evidence was insufficient to support her conviction; and (3) the trial court erred when it sentenced her to seventeen years. Discerning no error, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Aaron Dean Lawson
The Defendant, Aaron Dean Lawson, was convicted of two counts of first degree premeditated murder and one count of possession of a firearm by a convicted felon, for which he was sentenced, respectively, to two life sentences and a consecutive two-year sentence. On appeal, he argues that the trial court erred by (1) disallowing expert proof of mental problems which were not such that they prevented his premeditating the murders; (2) admitting evidence of a jail telephone call which he made; (3) allowing proof of prior arrests, some of which resulted in his acquittal; (4) without a hearing, placing the Defendant in a stun-belt during the trial; (5) allowing evidence regarding pistol shells as proof of premeditation; and (6) excluding evidence of a prior consistent statement of the Defendant's father after he had been impeached with an allegedly inconsistent statement. Following our review, we affirm the judgments of the trial court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Brian Allen Cathey
The defendant, Brian Allen Cathey, pled guilty to one count of aggravated burglary, a Class C felony, and one count of theft of property of $1000.00 or more but less than $10,000, a Class D felony, in exchange for concurrent sentences of three and two years. After a sentencing hearing, the trial court denied an alternative sentence and ordered the defendant to serve his sentences in confinement. The only issue on appeal is whether the trial court erred by denying him an alternative sentence. Following our review of the briefs of the parties, the record, and the applicable law, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Michael Richardson
The Defendant, Michael Richardson, was indicted for one count of aggravated rape and one count of aggravated robbery. See Tenn. Code Ann. § 39-13-402, -502. Following a jury trial, the Defendant was convicted of aggravated rape. The jury was unable to reach a verdict on the aggravated robbery charge, a mistrial was declared with respect to that charge, and it was ultimately dismissed. The trial court sentenced the Defendant as a Range I, standard offender to twenty-two years for the aggravated rape conviction to be served at one hundred percent. On appeal, the Defendant contends that the trial court erred “in ruling that if consent [was] raised as a defense,” then evidence of two other rapes committed by the Defendant “would be relevant to rebut the issue of consent.” Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Justin Terrell Knox
The Defendant, Justin Terrell Knox, was convicted following a jury trial of aggravated statutory rape, a Class D felony. See Tenn. Code Ann. § 39-13-506(c). The trial court sentenced the Defendant to six years as a Range II, multiple offender. In this appeal as of right, the Defendant contends (1) that the State withheld exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963); (2) that the State knowingly presented false testimony at trial; (3) that the trial court erred in admitting testimony from two of the witnesses at trial; (4) that the State failed to file a timely notice of its intent to seek enhanced punishment; and (5) that the trial court erred by ordering his sentence in this case be served consecutively to his sentence for a prior felony conviction. Following our review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals |
