State of Tennessee v. Roger A. Beu, Jr.
A Roane County jury convicted the Defendant, Roger A. Beu, Jr., of sexual battery by an authority figure. The trial court sentenced the Defendant to three years as a Range I, standard offender, at thirty percent, to serve thirty days in jail, with the balance on probation. On appeal, the Defendant contends: (1) the trial court erred when it denied his motion for new trial based on the prosecutor’s improper comments to the jury during closing argument; (2) the trial court erred when it admitted into evidence the written statement of the victim; and (3) there is insufficient evidence to support his conviction. After a thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Roane | Court of Criminal Appeals | |
State of Tennessee v. Brian Le Hurst
Defendant was convicted of first degree (premeditated) murder after a trial by jury. He was sentenced to life in prison. On appeal, the defendant claims that the evidence is insufficient to support his conviction. The defendant also claims that the trial court erred by admitting three pieces of evidence: (1) an excerpt from a 911 call made by the victim several days before his death, in which the victim claimed to be "a little . . . concerned" about the defendant’s behavior; (2) testimony from one of the defendant’s friends to the effect that the friend did not believe that any affair had occurred between the defendant and the friend’s then-wife; and (3) testimony concerning various searches performed on the defendant’s computer involving the name "Missy." Finally, the defendant claims that the trial court erred by granting the State’s request for a special jury instruction concerning the destruction of evidence. After review, we conclude that the evidence is sufficient to support the defendant’s conviction and that the trial court did not err with respect to the evidentiary and jury instruction claims raised by the defendant. The judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Brian Le Hurst - Concurring
I respectfully concur in the results in this case. My departure relates to only one issue – the rationale for affirming the trial court’s admission into evidence a portion of a recording of the victim’s telephone call to the police in which the victim expressed his concern over the defendant’s behavior. Assuming that this evidence passes the hearsay barrier as evidence of the victim’s state of mind, I would have held that the victim’s state of mind as expressed in the recording was irrelevant to the issues on trial. I note that the recording itself does not express the date of the telephone call, but the prosecutor’s oral, in-court preface to the playing of the recording indicates to the trial court that the call was placed on June 5, 2008. Given the somewhat banal comment offered on the recording and the remoteness of nearly three weeks, I see no relevancy of the statement to the issues joined at trial. That said, I would have also held that the error was harmless. |
Davidson | Court of Criminal Appeals | |
Lawrence Ralph, Jr. v. State of Tennessee
The Petitioner, Lawrence Ralph, Jr., appeals as of right from the Warren County Circuit Court’s denial of his petition for post-conviction relief from his drug-related convictions and effective seventeen-year sentence. The Petitioner contends (1) that he received ineffective assistance from trial counsel; and (2) that he was denied access to legal materials that he needed to prepare to represent himself at trial. Following our review, we affirm the judgment of the post-conviction court. |
Warren | Court of Criminal Appeals | |
Julio Villasana v. State of Tennessee
Petitioner, Julio Villasana, appeals the post-conviction court’s denial of his petition for post-conviction relief. Petitioner was indicted by the Davidson County Grand Jury for two counts of aggravated vehicular homicide and one count of leaving the scene of an accident. Petitioner entered guilty pleas to one count of aggravated vehicular homicide, a Class A felony, and one count of leaving the scene of an accident resulting in death, a Class E felony. Following a sentencing hearing, Petitioner was sentenced by the trial court to the maximum sentence of 25 years for aggravated vehicular homicide and two years for leaving the scene of an accident. His sentences were ordered to run concurrently. This court affirmed Petitioner’s sentence on direct appeal. In his post-conviction petition, Petitioner asserted that he was denied the effective assistance of counsel and that his pleas were involuntarily and unknowingly entered. The post-conviction court denied relief following a hearing. After a careful review of the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Akeem T. Goodman
The Defendant, Akeem T. Goodman, was convicted by a Knox County Criminal Court jury of attempted first degree murder and especially aggravated robbery, Class A felonies. See T.C.A. §§ 39-13-202, -403 (2010). The trial court sentenced the Defendant to consecutive Range I terms of twenty-two years at 100% service as a violent offender for an effective forty-four-year sentence. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions and (2) the trial court erred by ordering consecutive sentences. We affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Walter Ray Carter v. State of Tennessee
The petitioner, Walter Ray Carter, pro se, appeals the trial court’s summary dismissal of his pleadings entitled “Motion of Ineffective Assistance of Counsel” and “Motion to Dismiss Indictment and/or Arrest Judgment” filed on July 18, 2011 in four separate cases. The motions sought relief from certain drug-related convictions entered in 1996 and in 2005. Following our review of the record, we conclude that the trial court was within its discretion to construe the pleadings as petitions for post-conviction relief which are now time barred pursuant to the statute of limitations. The summary dismissal is affirmed. |
Hamilton | Court of Criminal Appeals | |
Scotty V. Nunn v. Tony Howerton, Warden, et al
The Petitioner, Scotty V. Nunn, appeals the Morgan County Criminal Court’s summary dismissal of his petition for habeas corpus relief from his 1994 convictions for fraudulent breach of trust and misapplication of contract payments and resulting sentence of fourteen years. The Petitioner contends that he is entitled to relief because of an improper extradition from the Commonwealth of Virginia. We affirm the judgment of the trial court. |
Morgan | Court of Criminal Appeals | |
Mikel Hamrick v. State of Tennessee
A Shelby County grand jury returned a seven-count indictment against petitioner, Mikel Hamrick. He entered guilty pleas to four of the counts, including aggravated 1 burglary, especially aggravated stalking, domestic assault, and theft of property less than $500, for which he received an effective four-year sentence. The remaining counts were dismissed pursuant to the plea agreement. Petitioner sought post-conviction relief, alleging that his mental instability rendered his guilty pleas involuntary and that the infirmity was compounded by trial counsel’s failure to adequately advise him of the consequences of pleading guilty. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Donald Keith Solomon v. State of Tennessee
The Petitioner, Donald Keith Solomon, appeals as of right from the Bedford County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner contends that the post-conviction court erred by summarily dismissing his petition for being untimely filed. Discerning no error, we affirm the judgment of the post-conviction court. |
Bedford | Court of Criminal Appeals | |
Patrick Pope v. State of Tennessee
The petitioner, Patrick Pope, appeals the Maury County Circuit Court’s denial of his petition for post-conviction relief. The petitioner is currently serving an effective eleven-year sentence for aggravated burglary, aggravated assault, and aggravated robbery. On appeal, he contends that he was denied his right to the effective assistance of counsel at trial. Specifically, he contends that trial counsel was ineffective by failing to investigate possible alibi witnesses in preparing the case for trial. Following review of the record, we affirm the denial of post-conviction relief. |
Maury | Court of Criminal Appeals | |
Nathaniel Richardson v. State of Tennessee
Nathaniel Richardson (“the Petitioner”) entered a best interest plea to second degree murder and received a sentence of twenty years. The Petitioner subsequently filed for postconviction relief, which the post-conviction court denied following an evidentiary hearing. Upon our thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Pamela J. Booker
The Defendant, Pamela J. Booker, appeals the Sullivan County Criminal Court’s order revoking her probation for her three convictions for violating a habitual traffic offender order and ordering her to serve her effective fifteen-year sentence. On appeal, she contends that the court erred in ordering her to serve the sentence. We affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Donnie Paul Boling, Jr.
The defendant, Donnie Paul Boling, Jr., pled guilty to reckless endangerment, a Class E felony, and to driving under the influence, possession of less than one-half ounce of marijuana, and possession of Alprazolam, all Class A misdemeanors. The trial court imposed a total effective sentence of one year. In this appeal, the defendant’s sole claim is that the trial court erred by denying him probation or an alternative sentence. Following our review of the record, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Ngoc Dien Nguyen
Defendant, Ngoc Dien Nguyen, appeals the trial court’s revocation of his sentences of probation. Defendant pled guilty to two counts of writing or passing worthless checks over $1,000. He received a sentence of two years for each count, as a Range I standard offender, to be served concurrently on probation. Subsequently, a probation violation warrant was filed, which alleged that Defendant had violated his probation by committing new offenses, failing to report the new offenses to his probation officer, failing to notify his probation officer that he was back in Tennessee after serving a parole violation in California, and failing to provide proof of payment of court costs and fines. Following the hearing the trial court revoked Defendant’s probation and ordered him to serve the remainder of his effective two-year sentence in confinement, with credit for time served. We affirm the judgments of the trial court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. James Michael Watkins
James M. Watkins (“the Defendant”) appeals his jury convictions for burglary of a business, vandalism of property worth $1,000 or more but less than $10,000, and possession of burglary tools. He received an effective sentence of twelve years as a Range III, career offender. On appeal, he asserts that the trial court erred in denying his motion to suppress the contents found as a result of a stop and subsequent search of the Defendant and a bag in his possession. He also argues the following: that the trial court erred in overruling the Defendant’s objection to a jury instruction; that newly acquired evidence exists that would have affected the outcome of the trial; and that Officer Rogers’ testimony was perjury that prejudiced the Defendant. Lastly, the Defendant alleges that the evidence presented at trial was insufficient to support his convictions. After a thorough review of the record and the applicable law, we affirm the Defendant’s convictions. |
Hamilton | Court of Criminal Appeals | |
Kevin Abston v. State of Tennessee
The Petitioner, Kevin Abston, appeals the Lauderdale County Circuit Court’s denial of his pro se 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. |
Lauderdale | Court of Criminal Appeals | |
Marvin Anthony Matthews v. State of Tennessee
The Petitioner, Marvin Anthony Matthews, appeals the Circuit Court of Lake County’s denial of his pro se 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. Benjamin Murrell
A Shelby County jury convicted appellant, Benjamin Murrell, of criminal attempt to commit voluntary manslaughter and employing a firearm during the commission of a dangerous felony. The trial court sentenced him to an effective sentence of eighteen years in the Tennessee Department of Correction. Appellant challenges the sufficiency of the evidence supporting his convictions. After reviewing the record, the parties’ briefs, and the applicable law, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael R. Malone
The defendant, Michael R. Malone, pled guilty to reckless endangerment, a Class E felony, and was sentenced to two years in the Department of Correction, to be served consecutively to a prior three-year sentence for which he was on community corrections at the time he committed the present offense. On appeal, he argues that the trial court erred in imposing consecutive sentencing. Following our review, we affirm the judgment of the trial court. |
Franklin | Court of Criminal Appeals | |
State of Tennessee v. Joshua M. Faulk
The defendant, Joshua M. Faulk, appeals the revocation of his community corrections sentence and reinstatement of his original ten-year sentence for aggravated burglary, arguing that the trial court abused its discretion in finding that he violated the terms of his sentence based on new charges of theft and vandalism. Following our review, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Mack Broussard
A White County Criminal Court Jury convicted the appellant, Mack Broussard, of first degree premeditated murder, and the trial court sentenced him to life imprisonment. On appeal, the appellant contends that the trial court erred by (1) failing to instruct the jury on self-defense; (2) failing to redact the portion of the appellant’s statement to police in which he said he was on probation at the time of the crime; and (3) allowing a State witness to give a speculative opinion about the appellant’s motive for the killing. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
White | Court of Criminal Appeals | |
Jason Clinard v. State of Tennessee
The Petitioner, Jason Clinard, appeals the Stewart County Circuit Court’s denial of his petition for post-conviction relief from his conviction of first degree premeditated murder and resulting life sentence. On appeal, he contends that he was prejudiced by trial counsel’s agreeing to transfer his case from juvenile to circuit court. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Stewart | Court of Criminal Appeals | |
State of Tennessee v. Denny McAbee
The petitioner, Denny McAbee, pled guilty in the Davidson County Criminal Court to aggravated burglary. The trial court sentenced the petitioner to fourteen years in the Tennessee Department of Correction. Subsequently, the petitioner filed a motion to set aside his guilty plea, which the trial court denied. On appeal, the appellant challenges the trial court’s ruling. Upon review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
David Avery v. State of Tennessee
The petitioner, David Avery, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief. The petitioner was convicted of aggravated robbery, especially aggravated robbery, reckless endangerment, and attempted second degree murder and was sentenced to an effective term of forty-nine years in the Department of Correction. On appeal, he contends that he was denied his right to the effective assistance of counsel at trial and on direct appeal. After reviewing the record, we must conclude that the petitioner failed to establish his claim. Accordingly, the denial of relief is affirmed. |
Davidson | Court of Criminal Appeals |
