State of Tennessee v. Travis Darnell Kendrick
The defendant, Travis Darnell Kendrick, was found to be in violation of the terms and conditions of his probation agreement and was sentenced to serve the remainder of his sentence in confinement. On appeal, the defendant claims that the trial court abused its discretion by ordering the remainder of his sentence to be served in incarceration. After review of the record, we find no abuse of discretion and affirm the judgment of the trial court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. James H. Saint, Jr.
The petitioner, James H. Saint, Jr., was convicted of six counts of aggravated sexual battery and was ordered to serve a sixty-six-year sentence. The petitioner brings this post-conviction action where he alleges that he received the ineffective assistance of counsel in that: (1) trial counsel failed to sufficiently inform the petitioner regarding the details of his settlement offer; (2) trial counsel failed to adequately prepare both himself and the petitioner for trial; and (3) trial counsel failed to adequately cross-examine the petitioner’s wife at trial. After a thorough review of the record, we conclude that the petitioner has not established that counsel performed deficiently or that any deficiency prejudiced the petitioner. We accordingly affirm the denial of his petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Alvin Brewer and Patrick Boyland
In this consolidated appeal, the defendants, Alvin Brewer and Patrick Boyland, stand convicted of multiple crimes in two separate cases. In case number 11-02360, defendant Brewer was convicted by a jury of two counts of false imprisonment, two counts of robbery, one count of aggravated burglary, and one count of assault. Defendant Boyland was convicted of two counts of false imprisonment, one count of robbery, one count of facilitation of robbery, one count of aggravated burglary, and one count of assault. Each received effective twenty-eight year sentences as Range II multiple offenders. In this case, both have raised the following issues for review on appeal: (1) whether the trial court erred by failing to charge criminal attempt to the jury when the proof of a completed robbery was controverted and not overwhelming; (2) whether the trial court erred by improperly commenting on the evidence by referring to the home residents as “victims” in the jury charge; (3) whether there is sufficient evidence to support the convictions; and (4) whether the trial court erred in failing to force the State to make an election as to the aggravated assault charge when the proof presented showed two separate assaults. Following review, we have concluded that no reversible error has been established and affirm the judgments and resulting sentences. However, the judgment for facilitation of robbery in Count 4 for defendant Boyland incorrectly indicates that he was convicted of a Class C felony. In actuality, it should reflect conviction of a D felony, and we remand for entry of a corrected judgment form. In case number 11-02361, the defendants incurred multiple convictions. Defendant Boyland was convicted of especially aggravated kidnapping, aggravated robbery, aggravated burglary, employing a firearm during the commission of a dangerous felony, and three counts of facilitation of aggravated assault. During the motion for new trial hearing, the trial court granted a motion for judgment of acquittal with regard to the especially aggravated kidnapping conviction. Following a sentencing hearing, defendant Boyland was sentenced to an effective forty-eight year sentence. Defendant Brewer was convicted of especially aggravated kidnapping, aggravated robbery, aggravated burglary, employing a firearm during the commission of a dangerous felony, and three counts of aggravated assault. As with defendant Boyland, the trial court granted a motion for judgment of acquittal with regard to the especially aggravated kidnapping conviction, and defendant Brewer was sentenced to an effective forty-eight year sentence in the Department of Correction. On appeal, the defendants argue: (1) that the employing a firearm offense is void for failure to allege a predicate felony; (2) alternatively, that the firearm conviction should be reversed because the trial court improperly instructed the jury and provided improper verdict forms; (3) that the trial court erred in allowing a witness to testify in violation of rule 404(b); (4) that the evidence is insufficient to support the convictions; (5) that the trial court erred in refusing to merge the conviction for aggravated robbery with the convictions for aggravated assault and facilitation of aggravated assault, respective to each defendant, in violation of double jeopardy protections; (6) alternatively, that if merger is not applicable, then the trial court erred in failing to compel an election for the aggravated assault and facilitation of aggravated assault; and (7) that the trial court erred in allowing Mr. Clarence Mann to testify when his name was not endorsed on the indictment. Additionally, the State raises an issue for appeal, that being that the trial court erred in granting the motion for judgment of acquittal with regard to the especially aggravated kidnapping convictions of both defendants. Following review, the convictions for each defendant for employing a firearm during the commission of a dangerous felony are reversed. Moreover, we have determined that the court did erroneously refuse to merge defendant Boyland’s conviction for facilitation of aggravated assault and defendant Brewer’s conviction for aggravated assault into their respective aggravated robbery convictions. Moreover, the judgment of conviction form for defendant Brewer’s aggravated assault conviction in Count 8 fails to specify a release eligibility. Additionally, the trial court’s granting of motions for judgment of acquittal as to the charge of especially aggravated kidnapping for both defendants is reversed, and the judgments should be re-instated. As such, the case is remanded for sentencing on the especially aggravated kidnapping convictions and for further proceedings and actions necessary in accordance with this opinion. The convictions and sentences are affirmed in all other respects. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Alvin Brewer and Patrick Boyland
In this consolidated appeal, the defendants, Alvin Brewer and Patrick Boyland, stand convicted of multiple crimes in two separate cases. In case number 11-02360, defendant Brewer was convicted by a jury of two counts of false imprisonment, two counts of robbery, one count of aggravated burglary, and one count of assault. Defendant Boyland was convicted of two counts of false imprisonment, one count of robbery, one count of facilitation of robbery, one count of aggravated burglary, and one count of assault. Each received effective twenty-eight year sentences as Range II multiple offenders. In this case, both have raised the following issues for review on appeal: (1) whether the trial court erred by failing to charge criminal attempt to the jury when the proof of a completed robbery was controverted and not overwhelming; (2) whether the trial court erred by improperly commenting on the evidence by referring to the home residents as “victims” in the jury charge; (3) whether there is sufficient evidence to support the convictions; and (4) whether the trial court erred in failing to force the State to make an election as to the aggravated assault charge when the proof presented showed two separate assaults. Following review, we have concluded that no reversible error has been established and affirm the judgments and resulting sentences. However, the judgment for facilitation of robbery in Count 4 for defendant Boyland incorrectly indicates that he was convicted of a Class C felony. In actuality, it should reflect conviction of a D felony, and we remand for entry of a corrected judgment form. In case number 11-02361, the defendants incurred multiple convictions. Defendant Boyland was convicted of especially aggravated kidnapping, aggravated robbery, aggravated burglary, employing a firearm during the commission of a dangerous felony, and three counts of facilitation of aggravated assault. During the motion for new trial hearing, the trial court granted a motion for judgment of acquittal with regard to the especially aggravated kidnapping conviction. Following a sentencing hearing, defendant Boyland was sentenced to an effective forty-eight year sentence. Defendant Brewer was convicted of especially aggravated kidnapping, aggravated robbery, aggravated burglary, employing a firearm during the commission of a dangerous felony, and three counts of aggravated assault. As with defendant Boyland, the trial court granted a motion for judgment of acquittal with regard to the especially aggravated kidnapping conviction, and defendant Brewer was sentenced to an effective forty-eight year sentence in the Department of Correction. On appeal, the defendants argue: (1) that the employing a firearm offense is void for failure to allege a predicate felony; (2) alternatively, that the firearm conviction should be reversed because the trial court improperly instructed the jury and provided improper verdict forms; (3) that the trial court erred in allowing a witness to testify in violation of rule 404(b); (4) that the evidence is insufficient to support the convictions; (5) that the trial court erred in refusing to merge the conviction for aggravated robbery with the convictions for aggravated assault and facilitation of aggravated assault, respective to each defendant, in violation of double jeopardy protections; (6) alternatively, that if merger is not applicable, then the trial court erred in failing to compel an election for the aggravated assault and facilitation of aggravated assault; and (7) that the trial court erred in allowing Mr. Clarence Mann to testify when his name was not endorsed on the indictment. Additionally, the State raises an issue for appeal, that being that the trial court erred in granting the motion for judgment of acquittal with regard to the especially aggravated kidnapping convictions of both defendants. Following review, the convictions for each defendant for employing a firearm during the commission of a dangerous felony are reversed. Moreover, we have determined that the court did erroneously refuse to merge defendant Boyland’s conviction for facilitation of aggravated assault and defendant Brewer’s conviction for aggravated assault into their respective aggravated robbery convictions. Moreover, the judgment of conviction form for defendant Brewer’s aggravated assault conviction in Count 8 fails to specify a release eligibility. Additionally, the trial court’s granting of motions for judgment of acquittal as to the charge of especially aggravated kidnapping for both defendants is reversed, and the judgments should be re-instated. As such, the case is remanded for sentencing on the especially aggravated kidnapping convictions and for further proceedings and actions necessary in accordance with this opinion. The convictions and sentences are affirmed in all other respects. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Presson
A Madison County jury convicted the Defendant, Michael Presson, of ten counts of attempted aggravated sexual battery, one count of aggravated sexual battery, and eleven counts of rape of a child. The trial court sentenced the Defendant to an effective sentence of thirty-five years of confinement. On direct appeal from his convictions, the Defendant contends that: (1) the evidence presented at trial was insufficient to sustain his convictions; (2) the trial court erred when it refused to admit into evidence the medical record for one of the victims; (3) the trial court violated Tennessee Rule of Evidence 615 by allowing the State’s designated witness to be present during the victims’ testimony, without requiring the designated witness to testify first; (4) the State improperly used an exhibit and commented on a jury questionnaire during closing arguments, violating the Defendant’s Sixth Amendment right to a fair trial; (5) the trial court improperly instructed the jury as to the mens rea elements of the crimes; (6) the trial court erred when it imposed consecutive sentences; and (7) the trial court erred when it placed the victim’s medical records under seal and denied the Defendant the opportunity to review the records. After a thorough review of the record and applicable law, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Danny R. Mays
A Madison County jury convicted the Defendant, Danny R. Mays, of felony evading arrest, reckless driving, driving on a cancelled, suspended or revoked license, leaving the scene of an accident, violation of the registration law, criminal trespass, vandalism, and possession of marijuana. The trial court sentenced the Defendant to an effective sentence of eight years. On appeal, the Defendant contends that the evidence is insufficient to sustain his convictions for felony evading arrest, reckless driving, driving on a cancelled, suspended or revoked license, and possession of marijuana. After a thorough review of the record and the applicable authorities, we affirm the trial court’s judgments. |
Madison | Court of Criminal Appeals | |
Tim Smith v. State of Tennessee
The Petitioner, Tim Smith, challenges his conviction for aggravated kidnapping, alleging that his guilty plea was not knowingly and voluntarily entered because he did not understand the ramifications of his plea, noting that trial counsel erroneously advised him that he would be eligible for release after he had served eighty-five percent of his sentence. Upon consideration of the record and the applicable authorities, we conclude that the Petitioner failed to prove that his plea was unknowingly and involuntarily entered and affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Ramsey Harris v. State of Tennessee
Petitioner, Ramsey Harris, pleaded guilty to aggravated assault, false reporting to a law enforcement officer, and two counts of felony theft of property. He received an effective sentence of twenty years as a Range III offender. As part of the plea agreement, several other charges were dismissed. In his post-conviction proceedings, petitioner asserts that numerous errors with respect to trial counsel’s advice to him regarding the guilty plea to false reporting amounted to ineffective assistance of counsel. Following our review, we affirm the denial of post-conviction relief. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. William G. Barnett, Jr.
The petitioner, William G. Barnett, Jr., pled guilty to four counts of aggravated statutory rape, Class D felonies, and one count of attempted solicitation of sexual exploitation of a minor, a Class A misdemeanor. Based upon the imposition of consecutive sentencing, the petitioner was sentenced to serve three years in the Department of Correction, followed by three years of probation. At the guilty plea hearing, the State noted that the petitioner asked to be allowed to reserve a certified question of law to appeal. The State read the petitioner’s question on the record, and the handwritten and signed statement was included in the record. It stated, “I would like to reserve my right to appeal the decision on the motion to dismiss.” The petitioner filed notice of direct appeal. Thereafter, the petitioner filed a petition for the writ of habeas corpus, which the trial court summarily dismissed based upon the pending direct appeal. The petitioner appealed that dismissal. This court has now consolidated those two issues into a single case. Thus, the issues presently before us are: (1) whether the defendant’s direct appeal of his certified question is properly before this court; and (2) whether the trial court properly dismissed the petition for the writ of habeas corpus. Upon review, we conclude that the certified question is not properly before this court and dismiss that portion of the appeal. However, with regard to habeas corpus relief, the petitioner has established what may be an illegal sentence. Remand to the trial court is necessary for further factual findings and actions taken in accordance with this opinion. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Howard Brackson Carrier
A Sullivan County jury convicted appellant, Howard Brackson Carrier, of first degree premeditated murder, felony murder committed during the perpetration of a burglary, attempted first degree murder, and aggravated burglary, for which he received a sentence of life for the merged murder convictions, fifteen years, and three years, respectively. After the trial but before the hearing on the motion for a new trial, defense counsel discovered new evidence indicating that one of the State’s witnesses had falsely testified that a knife sharpener found at the murder scene belonged to appellant. At the motion for a new trial hearing, appellant argued that the testimony was crucial because it formed the basis for premeditation and intent. The trial court denied the motion, and this appeal follows. Herein, appellant raises one issue for our review: whether the witness’s false testimony necessitates a new trial. Following our review, we affirm the judgments for attempted first degree murder and aggravated burglary. We affirm the convictions for first degree premeditated murder and felony murder but vacate the judgments and remand the case to the trial court for entry of a single judgment for first degree murder noting merger of the two convictions. |
Sullivan | Court of Criminal Appeals | |
George Scott Mason v. State of Tennessee
The Petitioner, George Scott Mason, appeals the post-conviction court’s denial of relief for his conviction of possession of a Schedule II substance for resale. On appeal, the Petitioner argues that the post-conviction court erred in failing to make specific findings of fact and conclusions of law and that he received ineffective assistance of counsel. Upon review, we affirm the judgment of the post-conviction court. |
Bedford | Court of Criminal Appeals | |
Steven Aaron Page v. State of Tennessee
Petitioner, Steven Aaron Page, pled guilty in Davidson County to one count of aggravated child abuse. Pursuant to the plea, Petitioner was sentenced to fifteen years to be served at 100 percent. Petitioner subsequently filed a petition for post-conviction relief arguing that he was afforded ineffective assistance of counsel and that he entered his guilty plea unknowingly and involuntarily. The post-conviction court denied the petition. Petitioner appealed. After a thorough review of the record, we conclude that the post-conviction court did not err in denying the petition. Therefore, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
Kristopher Smith v. State of Tennessee
The petitioner, Kristopher Smith, appeals the denial of his bid for post-conviction relief from his 2009 Shelby County Criminal Court jury convictions of aggravated kidnapping and rape, claiming that the ruling in State v. White, 362 S.W.3d 559 (Tenn. 2012), requires dismissal of his aggravated kidnapping conviction and that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joseph Leon Knowles
The Defendant, Joseph Leon Knowles, pleaded guilty pursuant to a plea agreement to attempt to commit aggravated child abuse of a child under six years old, a Class B felony, with the sentence to be determined by the trial court. See T.C.A. § 39-15-402 (2010). The trial court sentenced the Defendant as a Range I, standard offender to twelve years’ confinement. On appeal, the Defendant contends that the trial court erred during sentencing by failing to apply certain mitigating factors relative to remorse, assisting the police, and his not having a substantial intent to violate the law and by denying him alternative sentencing. We affirm the judgment of the trial court. |
Giles | Court of Criminal Appeals | |
Jarrod Phillips v. State of Tennessee
Petitioner, Jarrod Phillips, was charged with first degree murder in Davidson County. He pled guilty to second degree murder and was sentenced to thirty-two years as a Range II, violent offender. Petitioner subsequently filed a petition for writ of habeas corpus in Hickman County. The habeas corpus court summarily dismissed the petition. After a thorough review of the record, we affirm the habeas corpus court’s dismissal of the petition. |
Hickman | Court of Criminal Appeals | |
Johnny Coffey v. State of Tennessee
The Petitioner, Johnny Coffey, appeals the Bradley County Criminal Court’s denial of post-conviction relief. The Petitioner was convicted of second degree murder and sentenced to twenty years’ imprisonment. On appeal, he argues that trial counsel was ineffective by failing to properly petition the trial court for a State-funded psychiatric expert to assist the defense. Upon review, we affirm the judgment of the post-conviction court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Steve Duclair
Appellant, Steve Duclair, was named in a presentment by the Sullivan County Grand Jury in September of 2008 for two counts of the sale of one-half a gram or more of cocaine within 1,000 feet of a school and two counts of the delivery of one-half a gram or more of cocaine within 1,000 feet of a school. The grand jury later named Appellant in a second presentment charging Appellant for one count of selling one-half gram or more of cocaine within 1,000 feet of a school and one count of delivering one-half gram or more of cocaine within 1,000 feet of a school. After a jury trial, Appellant was convicted of two counts of selling one-half gram or more of cocaine, two counts of delivering one-half gram or more of cocaine, one count of selling one-half gram or more of cocaine within 1,000 feet of a school, and one count of delivering one-half gram or more of cocaine within 1,000 feet of a school. The trial court merged the convictions for the sale of cocaine with the convictions for the delivery of cocaine. Appellant was sentenced to an effective sentence of fifteen years at 100 percent. After the denial of a motion for new trial, Appellant presents the following issues for our review on appeal: (1) whether the evidence was sufficient to support the convictions; (2) whether the trial court committed error while dismissing the alternate juror at the conclusion of the trial; (3) whether the trial court committed error by asking Appellant where he was from during voir dire; (4) whether the trial court properly instructed the jury; (5) whether Appellant’s sentences constitute cruel and unusual punishment; (6) whether the assistant district attorney committed prosecutorial misconduct; and (7) whether the Drug-Free School Zone Act is unconstitutional. After a review of the record and the applicable authorities, we determine that the evidence was sufficient to support the convictions; the trial court properly instructed the jury; the trial court did not abuse its discretion in sentencing Appellant; the Drug-Free School Zone Act is not unconstitutional; the trial court did not violate Appellant’s right from self-incrimination during voir dire; the trial court did not err in dismissing the alternate juror; and the prosecutor did not commit misconduct during closing argument. Consequently, the judgments of the trial court are affirmed. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Keenan D. Singletary
Keenan D. Singletary (“the Defendant”) pleaded guilty to facilitation of aggravated robbery. Following a sentencing hearing, the trial court sentenced the Defendant to five years’ incarceration and ordered the Defendant to pay $174 in restitution. On appeal, the Defendant challenges the length and manner of service of his sentence. After a thorough review of the record and the applicable law, we affirm the judgment of the trial court. |
Robertson | Court of Criminal Appeals | |
Mindy Dodd v. State of Tennessee
The petitioner, Mindy S. Dodd, appeals the denial of her petition for a writ of error coram nobis. On appeal, she contends that she presented newly discovered evidence that may have affected the outcome of her trial and that the error coram nobis court erred in denying her petition. Because the petition was not filed within the statutory limitations period, we affirm the denial of the petition. |
Rutherford | Court of Criminal Appeals | |
Rashe Moore v. State of Tennessee
In this post-conviction appeal, the Petitioner contends that he received the ineffective assistance of counsel at trial because trial counsel was deficient in failing to file a written motion requesting jury instructions on lesser-included offenses and that this failure resulted in prejudice because it precluded appellate review of the trial court’s refusal to instruct the jury on any lesser-included offenses. After a review of the record and the applicable authorities, we reverse the judgment of the post-conviction court with respect to trial counsel’s failure to file a written motion requesting an instruction on lesser-included offenses of especially aggravated kidnapping. We affirm the judgment in all other respects. |
Shelby | Court of Criminal Appeals | |
Rashe Moore v. State of Tennessee-Concurring In Part, Dissenting In Part
I concur with the majority opinion except for one issue. I respectfully disagree with the majority’s conclusion that the failure to instruct the jury on the lesser-included offense of aggravated kidnapping constitutes reversible error in this post-conviction case. Such a failure to charge a lesser-included offense is harmless beyond a reasonable doubt when no reasonable jury would have convicted the petitioner of the lesser-included offense. State v. Banks, 271 S.W.3d 90, 126 (Tenn. 2008). |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Danny Adams
The Defendant, Danny Adams, was convicted by a jury of simple assault. On appeal, he challenges the sufficiency of the evidence for that conviction, including an argument therein of inconsistent verdicts. We have thoroughly reviewed the record on appeal, and although the evidence is sufficient, we must reverse the Defendant’s conviction because an incorrect mental state was included in the jury charge. Moreover, we cannot deem the error harmless beyond a reasonable doubt. Accordingly, we reverse the judgment of the trial court and remand the case for further proceedings consistent with this opinion. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. Jessica Root
The Defendant, Jessica Root, appeals the trial court’s nine-year sentence to her open plea of guilt to vehicular homicide by intoxication, contending (1) that the trial court failed to consider applicable mitigating factors and a sentencing practices report; (2) that she should have received the minimum sentence; and (3) that the trial court improperly denied all forms of alternative sentencing. Upon consideration of the record and the applicable authorities, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Jerry R. Shouse
Appellee, Jerry R. Shouse, was indicted by the Maury County Grand Jury with one count of driving under the influence and one count of violation of the open container law. Prior to trial, Appellee filed a motion to suppress the evidence on the basis that the warrantless seizure was arbitrary and oppressive. After a hearing, the trial court granted the motion to suppress by written order. The State filed a notice of appeal on the same day that the order of nolle prosequi was entered. After a review of the record and applicable authorities, we determine based on the recent decision of State v. Moats, 403 S.W.3d 170 (Tenn. 2013), the trial court properly granted the motion to suppress where the actions of the officer were not authorized under any exception to the warrant requirement. Consequently, the judgment of the trial court is affirmed. |
Maury | Court of Criminal Appeals | |
Stevie R. Dickson v. State of Tennessee
Petitioner, Stevie Dickson, was indicted by the Montgomery County Grand Jury for first degree murder, attempted first degree murder and aggravated assault. Petitioner entered a best interest plea to second degree murder and attempted second degree murder. He was sentenced to an effective sentence of twenty years. Petitioner subsequently filed a petition for post-conviction relief arguing that he was afforded ineffective assistance of counsel. After conducting an evidentiary hearing, the post-conviction court denied the petition. On appeal, Petitioner argues that the post-conviction court erred. After a thorough review of the record, we conclude that the record supports the post-conviction court’s denial of the petition. |
Montgomery | Court of Criminal Appeals |
