State of Tennessee v. Kevin Cortez Chrystak
The Defendant, Kevin Cortez Chrystak, appeals from the Madison County Circuit Court’s order affirming his conviction for violation of the implied consent statute. See Tenn. Code Ann. § 55-10-406. In the trial court, the Defendant raised a statutory interpretation argument concerning the mandatory blood draw provision of the implied consent law. On appeal, the Defendant argues that the mandatory provision is unconstitutional, violating his Fourth Amendment Rights, and that he did not violate the implied consent law when he presented for the mandatory blood draw. The Defendant has waived his constitutional argument on appeal. However, pursuant to principles of statutory construction, we agree with the Defendant that he did not violate the implied consent law when his blood was obtained via the mandatory provisions. Following our review, we reverse the order of the trial court upholding the implied consent violation and dismiss the charge. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Quincey Bernard Dotson
The defendant, Quincey Bernard Dotson, was convicted by a Madison County Criminal Court jury of aggravated assault, a Class C felony, and sentenced to a term of ten years as a Range II offender in the Tennessee Department of Correction. On appeal, he challenges the sufficiency of the evidence and the trial court’s failure to apply any mitigating factors in determining his sentence. After review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Milburn L. Edwards v. State of Tennessee
The Petitioner, Milburn L. Edwards, appeals the Shelby County Criminal Court’s summary dismissal of his second pro se petition for post-conviction relief. After reviewing the record in this case, we conclude that the summary dismissal of the petition was proper and that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Charles Orlando Fields v. State of Tennessee
The pro se petitioner, Charles Orlando Fields, appeals the denial of his motion to reopen his post-conviction petition. Because he failed to comply with the statutory requirements for seeking review of a dismissal of a motion to reopen a post-conviction petition, we dismiss the appeal. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Phillip Harris
The Defendant-Appellant, Phillip Harris, was indicted by a Shelby County Criminal Court Grand Jury for six counts of attempted second degree murder and one count of unlawful employment of a firearm during the attempt to commit a dangerous felony. Following a jury trial, Harris was convicted of one count of attempted second degree murder (count two), five counts of misdemeanor reckless endangerment (counts one, three, four, five, and six), and one count of unlawful employment of a firearm during the attempt to commit a dangerous felony (count seven). The trial court sentenced Harris to twelve years for the attempted second degree murder conviction and to a mandatory consecutive sentence of six years for the unlawful employment of a firearm during the attempt to commit a dangerous felony. The court also imposed sentences of eleven months and twenty-nine days for each of the reckless endangerment convictions and ordered these sentences served concurrently with the sentence for attempted second degree murder. On appeal, Harris argues: (1) the evidence is insufficient to sustain his convictions, and (2) his sentence is excessive. Upon review, we affirm the convictions and remand for resentencing as to the conviction for attempted second degree murder. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Rodriquez Jones
Appellant, Rodriquez Jones, was convicted of aggravated sexual battery and sentenced to ten years in the Tennessee Department of Correction. On appeal, he argues that the evidence was insufficient to support his conviction and that the assistant district attorney general committed prosecutorial misconduct during closing arguments. Following our review, we affirm the judgment of the trial court; however, we must remand this matter to the trial court to correct the judgment form. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. David Morrow
Appellant pleaded guilty to failure to appear and unlawful possession of a controlled substance with intent to sell or deliver. Appellant later filed a Motion to Correct Illegal Sentences pursuant to Tennessee Rule of Criminal Procedure 36.1, which the trial court summarily dismissed. On appeal, appellant argues that the trial court erred by summarily dismissing his motion without appointing counsel after he had stated a colorable claim for relief. The State concedes that this case should be remanded to the trial court because appellant stated a colorable claim for relief pursuant to Rule 36.1. Following our review of the parties’ briefs, the record, and the applicable law, we reverse the trial court’s judgment and remand for proceedings consistent with this opinion. |
Shelby | Court of Criminal Appeals | |
Joe Ross v. State of Tennessee
The Petitioner, Joe Ross, appeals the Shelby County Criminal Court’s denial of his petition for writ of habeas corpus. The Petitioner entered guilty pleas to five counts of aggravated robbery, four counts of especially aggravated kidnapping, and one count of aggravated rape, for which he received an effective sentence of 25 years confinement. On appeal, the Petitioner argues that his sentence is illegal on the face of the judgment because it does not include mandatory supervision for life. Because the Petitioner’s judgment does not reflect the statutory requirement of mandatory lifetime community supervision, we conclude that the judgment for aggravated rape is illegal and void. We vacate the Petitioner’s sentence for aggravated rape and remand to the habeas court for an evidentiary hearing to determine whether the illegal sentence was a bargained-for element of the Petitioner’s plea agreement. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Smith
A Shelby County jury found the Defendant, Michael Smith, guilty of aggravated assault and evading arrest. The trial court sentenced the Defendant to ten years for the aggravated assault conviction and eleven months and twenty-nine days for the evading arrest conviction. The trial court ordered the sentences to run consecutively. The Defendant asserts that: (1) the trial court committed plain error by failing to compel an election in count one; (2) the indictment for aggravated assault fails to state an offense; (3) the trial court improperly allowed the victim to testify about the Defendant’s prior bad acts; (4) the trial court improperly denied the Defendant’s request for a mistrial after the State explored the Defendant’s conviction and defense in an unrelated case; (5) the trial court committed plain error when it failed to compel the State to provide the trial court an audio recording of the victim’s statement; (6) the trial court improperly instructed the jury on flight; (7) the trial court improperly ruled that the Defendant’s prior convictions could be used for impeachment purposes should he testify at trial; (8) the evidence is insufficient to sustain his conviction for evading arrest; (9) the trial court abused its discretion when it denied the Defendant’s request to sit at counsel table; and (10) his sentence is excessive. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jeremy Jones Davis
The defendant appeals a jury verdict of guilty of aggravated burglary and theft, alleging the evidence was insufficient as a matter of law. The defendant also alleges the trial court imposed an excessive sentence. Finding no error, we affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Charles T. Fletcher, Jr.
The Defendant-Appellant, Charles T. Fletcher, Jr., was charged with the offense of aggravated assault, a Class C felony. See T.C.A. § 39-13-102(a)(1)(A)(iii). While in Johnson County General Sessions Court, the Defendant- Appellant executed a waiver of his right to counsel, a waiver of his right to a preliminary hearing, and a waiver of his right to be tried only upon presentment or indictment of a grand jury. In Johnson County Criminal Court, he repeatedly informed the trial court that he had waived his right to counsel, that he had represented himself in a criminal case before, and that he wished to represent himself in this case. On the day of trial, the Defendant-Appellant signed a waiver of his right to be tried only upon presentment or indictment of a grand jury. The same day, the prosecutor and the Defendant-Appellant signed an information charging the Defendant-Appellant with aggravated assault. A Johnson County Criminal Court jury subsequently convicted the Defendant-Appellant as charged, and the trial court imposed a three-year probationary sentence. In this appeal, the Defendant-Appellant argues: (1) he failed to knowingly and voluntarily waive his right to counsel because (a) he was not informed of his charges, potential penalties, and rights and (b) because the trial court never inquired as to his competency to represent himself; (2) he failed to knowingly and voluntarily waive his right to be tried only upon presentment or indictment of a grand jury because he was unable to read the waiver, to have the assistance of counsel, or to have the court explain his right to presentment and indictment; (3) the trial court erred in failing to continue the case or to appoint counsel or advisory counsel when it became obvious that he could not properly represent himself; (4) the trial court erred in denying his motion to set aside the jury verdict; and (5) the cumulative errors caused by the absence of counsel and his inability to represent himself were so prejudicial as to deny his right to a fair trial and due process. Upon review, we reverse the judgment of the trial court, vacate the Defendant-Appellant’s conviction, and remand the matter to the trial court for proceedings consistent with this opinion. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Marvin Harold Dorton, II
The Defendant-Appellant, Marvin Harold Dorton, II, was charged with two counts of sale or delivery of a Schedule II controlled substance (counts 1 and 2), possession of a Schedule IV controlled substance with the intent to sell or deliver (count 3), and possession of a Schedule II controlled substance with the intent to sell or deliver (count 4). A Greene County Criminal Court jury convicted the Defendant-Appellant as charged, and the trial court sentenced him as a Range I, standard offender to concurrent sentences of six years for each of his convictions in counts 1 and 2, four years for his conviction in count 3, and six years for his conviction in count 4, for an effective sentence of six years in confinement. On appeal, the Defendant-Appellant argues: (1) the trial court erred in failing to instruct the jury in all four counts on the inference of casual exchange pursuant to Tennessee Code Annotated section 39-17-419; (2) the trial court erred in failing to instruct the jury in counts 1 and 2 on the lesser included offense of casual exchange pursuant to Code section 39-17-418(a); (3) the evidence is insufficient to sustain his convictions in counts 3 and 4 because the State failed to prove that he possessed the drugs found in a safe; and (4) his sentence is excessive. Upon review, we remand the case for entry of corrected judgments in counts 1, 2, 3, and 4 to reflect that the trial court resentenced the Defendant-Appellant on May 3, 2013, after the presentence investigation report was amended, even though the Defendant-Appellant’s sentence did not change from the original sentence imposed. In all other respects, the judgments of the trial court are affirmed. |
Greene | Court of Criminal Appeals | |
Michael Brandon Adams v. Eric Qualls, Warden
The Appellant, Michael Brandon Adams, appeals the trial court’s summary dismissal of his petition for habeas corpus relief. The judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
Jamar McField v. State of Tennessee
The petitioner, Jamar McField, appeals the denial of his petition for post-conviction relief, which challenged his 2009 Hamilton County Criminal Court jury convictions of felony murder and aggravated child abuse. In this appeal, the petitioner claims that he was deprived of the effective assistance of counsel at trial. Discerning no error, we affirm the denial of post-conviction relief. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Keyonna Nicole Wooten
The appellant, Keyonna Nicole Wooten, pled guilty in the Lincoln County Circuit Court to one count of selling one-half gram or more of a Schedule II controlled substance and one count of delivering one-half gram or more of a Schedule II controlled substance. After a sentencing hearing, the trial court merged the latter conviction into the former and sentenced the appellant as a Range I, standard offender to nine years, six months in confinement. On appeal, the appellant contends that her sentence is excessive and that the trial court erred by denying her request for alternative sentencing. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Lincoln | Court of Criminal Appeals | |
State of Tennessee v. Darryl Alan Walker
Darryl Alan Walker (“the Defendant”) was convicted by a jury of driving under the influence (“DUI”) and unlawfully carrying another person on a motorcycle. Following a sentencing hearing, the Defendant received a total effective sentence of eleven months and twenty-nine days, suspended to supervised probation after the service of sixty days. In this direct appeal, the Defendant asserts that the trial court erred in denying his motion to suppress the results of a warrantless mandatory blood alcohol test, arguing that the mandatory blood withdrawal provision of the implied consent statute is unconstitutional and that the term “injury” within that provision is unconstitutionally vague. The Defendant also asserts that the trial court erred in denying his motion to suppress certain statements he made to police. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court. |
Greene | Court of Criminal Appeals | |
Mark Alan Deakins v. State of Tennessee
The petitioner, Mark Alan Deakins, filed a petition for a writ of habeas corpus, asserting that he had “flattened” his sentences for his convictions of especially aggravated sexual exploitation of a minor, sexual exploitation of a minor, and statutory rape. He alleged that the Tennessee Department of Correction improperly calculated his pretrial jail credits and sentencing credits. The habeas corpus court denied the petition, and the petitioner appeals. Upon review, we affirm the judgment of the habeas corpus court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. June Loudermilk
June Loudermilk (“the Defendant”) was convicted by a jury of driving under the influence (“DUI”), fourth offense. After a hearing, the trial court sentenced the Defendant to two years in the workhouse, suspended to supervised probation after seven months in confinement. In this direct appeal, the Defendant attacks the validity of his indictment and also contends that the trial court’s jury charge was so defective as to entitle him to a reversal of the jury’s determination that he was a multiple DUI offender. Upon our thorough review of the record and applicable law, we modify the trial court’s judgment of conviction and remand this matter for resentencing. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Elmer Herbert Simpson
The defendant, Elmer Herbert Simpson, appeals his Hawkins County Criminal Court jury convictions of possession of a Schedule III drug with intent to deliver, see T.C.A. § 39-17- 417(a)(4), (d)(1), and maintaining a dwelling where controlled substances are kept or sold, see id. § 53-11-401(a)(5), both Class D felonies. On appeal, the defendant challenges the sufficiency of the convicting evidence and the propriety of his effective three-year sentence. We affirm the judgments of the trial court. |
Hawkins | Court of Criminal Appeals | |
State of Tennessee v. Michael Kent Walker
Pursuant to a plea agreement, the Defendant, Michael Kent Walker, pleaded guilty to selling Schedule I and Schedule II controlled substances in a drug-free zone. The plea agreement provided that the Defendant would receive concurrent Range I sentences for one Class B felony and one Class C felony, with the trial court to determine his sentences. Following a sentencing hearing, the trial court sentenced the Defendant to serve an effective sentence of twelve years of incarceration. The Defendant asserts that the trial court abused its discretion in ordering an effective twelve-year sentence. After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Leslie Warren Blevins
The Fentress County Grand Jury indicted Appellant, Leslie Warren Blevins, with three counts of aggravated assault. After a jury trial, Appellant was convicted of one count of aggravated assault and two counts of assault. As a result, he was sentenced to an effective sentence of five years in confinement. Appellant appeals, challenging both the sufficiency of the evidence and his sentence. After a review of the record and the applicable authorities, we determine that the evidence was sufficient to support the conviction and that the trial court did not abuse its discretion in sentencing Appellant. Accordingly, the judgments of the trial court are affirmed. |
Fentress | Court of Criminal Appeals | |
State of Tennessee v. Travis Wilson
A Sullivan County Criminal Court Jury convicted the appellant, Travis Wilson, of driving under the influence (DUI), second offense; unlawful carrying or possession of a weapon; possession of drug paraphernalia; and possession of a handgun while under the influence. After a sentencing hearing, the trial court sentenced the appellant to eleven months and twenty-nine days for each conviction, with release eligibility after service of seventy-five percent of the sentences. The trial court ordered that the appellant serve the DUI sentence in confinement and the remaining sentences on probation. The court further ordered that the sentences for possession of drug paraphernalia and DUI, second offense, be served concurrently with each other but consecutively to the remainder of the sentences. On appeal, the appellant contends that the trial court erred by allowing two Tennessee Bureau of Investigation (TBI) agents to testify as experts about the effects of drugs on human performance; that the trial court erred by failing to exclude his blood test results; that the trial court erred by failing to require the State to refer to “bath salts” by their chemical name; that the evidence is insufficient to support the convictions; and that the trial court erred in sentencing. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Tony Demarcus Williams
Defendant, Tony Demarcus Williams, was indicted by the Knox County Grand Jury for possession of more than .5 grams of cocaine within a school zone with the intent to sell and possession of more than .5 grams of cocaine within a school zone with intent to deliver. A petit jury convicted Defendant as charged, and the trial court merged the two convictions. The trial court sentenced Defendant to 15 years in confinement. Defendant asserts on appeal that the trial court erred in denying his motion to suppress the search warrant; that accomplice testimony was not sufficiently corroborated; and that the trial court erred by not allowing Defendant to make a proffer of evidence at the hearing on the motion for new trial regarding alleged prosecutorial misconduct. Finding no error, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Mike Settle a/k/a Michael Dewayne Settle v. Jerry Lester, Warden, State of Tennessee
The Petitioner, Mike Settle a/k/a Michael Dewayne Settle, appeals the Lauderdale County Circuit Court’s dismissal of his petition seeking a writ of habeas corpus. The Petitioner contends that, because his sentence is illegal because it was ordered to run concurrently with a federal sentence he had received in another case rather than consecutively, the habeas corpus court erred when it dismissed his petition. Upon a review of the record in this case, we are persuaded that the habeas corpus court properly dismissed the petition. Accordingly, the judgment of the habeas corpus court is affirmed. |
Lauderdale | Court of Criminal Appeals | |
Anthony Boyland v. State of Tennessee
The Petitioner, Anthony Boyland, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his convictions for first degree felony murder, aggravated assault, and aggravated burglary and his effective life sentence. The Petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals |
