Antoinette Horton v. State of Tennessee
The petitioner, Antoinette Horton, appeals the Shelby County Criminal Court’s denial of her petition for post-conviction relief. The petitioner was convicted of second degree murder and sentenced to a term of eighteen years in the Department of Correction. On appeal, she contends that the court erred in denying her petition because she was denied her right to the effective assistance of counsel. Specifically, she contends that trial counsel was ineffective by: (1) failing to present a witness who would have established that the gunshot fired by the petitioner could not have killed the victim; and (2) failing to adequately advise the petitioner with regard to the State’s plea offers. The petitioner also asserts that the post-conviction court’s denial of her request for funding for a ballistics expert violated her Due Process rights. Following review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Willie Howard Mull
The Defendant, Willie Howard Mull, pled guilty to aggravated assault, felony reckless endangerment, and unlawfully carrying a weapon. The trial court sentenced him to an effective sentence of four years, to be served on probation. A warrant was issued alleging the Defendant had violated his probation. After a hearing, the trial court revoked the Defendant’s probation and ordered him to serve his sentence in confinement. On appeal, the Defendant contends the trial court abused its discretion when it revoked his probation. After a thorough review of the record and applicable law, we affirm the trial court’s judgment. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Greg Patterson
A Lauderdale County Circuit Court Jury convicted the appellant, Greg Patterson, of felony reckless endangerment, and the trial court sentenced him to eighteen months to be served in community corrections. On appeal, the appellant contends that the evidence is insufficient to support the conviction. Based upon the record and the parties’ briefs, we agree that the evidence is insufficient. Therefore, the conviction is reversed, and the original charge is dismissed. |
Lauderdale | Court of Criminal Appeals | |
Michael W. Smith v. State of Tennessee
The Petitioner, Michael W. Smith, appeals the Shelby County Criminal Court’s denial of his pro se petition for post-conviction relief. The State has filed a motion requesting that this Court affirm the post-conviction 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 post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Steven D. Pippin
A Sullivan County jury convicted the Defendant, Steven D. Pippin, of aggravated sexual battery and incest. The trial court imposed a sentence of twenty years for the aggravated sexual battery conviction and a consecutive ten-year sentence for the incest conviction. On appeal, the Defendant argues that: (1) the evidence is insufficient to support his convictions; and (2) the trial court’s sentence was excessive. After thoroughly reviewing the record and applicable authorities, we hold that the evidence is sufficient to sustain the Defendant’s convictions and that the trial court properly sentenced the Defendant. Accordingly, we affirm the trial court’s judgments. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Anthony Dewight Washington
The Defendant, Anthony Dewight Washington, appeals from his conviction by a Davidson County Criminal Court jury of possession with intent to sell or deliver more than one-half gram of cocaine in a drug-free zone, a Class B felony. See T.C.A. § 39-17-417(a)(4), (c)(1) (2010) (amended 2012) (possession of cocaine), 39-17-432 (2010) (increased penalty for a drug offense committed in a drug-free zone). The Defendant was sentenced to serve thirty years as a Range III, persistent offender. On appeal, he contends that the evidence is insufficient to support his conviction and that the trial court erred in sentencing him. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Alveraz Ramirez Rigoberto, a/k/a Rigoberto A. Ramirez v. State of Tennessee
The Petitioner, Alveraz Ramirez Rigoberto, appeals the Williamson County Circuit Court’s denial of his petition for post-conviction relief from his convictions of simple possession of marijuana; misdemeanor evading arrest; and driving on a revoked license, sixth offense, and resulting sentences of eleven months, twenty-nine days to be served concurrently on supervised probation. On appeal, the Petitioner contends that he is entitled to post-conviction relief because trial counsel failed to advise him about the consequences of his guilty pleas, which resulted in his entering his pleas unknowingly and involuntarily. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the post-conviction court’s denial of the petition. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Deshaun Emmanuel Brown and Jerome Cardell Holt
The appellants, Deshaun Emmanuel Brown and Jerome Cardell Holt, pled guilty in the Davidson County Criminal Court to ten counts of aggravated rape, two counts of aggravated robbery, one count of especially aggravated kidnapping, and one count of reckless endangerment. The trial court sentenced Appellant Brown to a total effective sentence of 60 years and Appellant Holt to a total effective sentence of 72 years in the Tennessee Department of Correction. On appeal, the appellants challenge the sentences imposed by the trial court. Upon review, we affirm the judgments of the trial court; however, we must remand for entry of corrected judgments for the aggravated rape convictions to reflect that each appellant is a multiple rapist rather than a violent offender as indicated on the judgments. |
Davidson | Court of Criminal Appeals | |
In re: The Application of Kimyata Izevbizuaiyamu (seeking to qualify as owner of Number One Bonding) v. State of Tennessee
Petitioner, Kimyata Izevbizuaiyamu, appeals the Shelby County Criminal Court’s order denying her application to write bail bonds as the owner of Number One Bonding Company. On appeal, petitioner argues that the evidence did not support the court’s denial. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Noura Jackson
The defendant, Noura Jackson, was convicted of second degree murder for the death of her mother, Jennifer Jackson, and sentenced to twenty years and nine months in the Department of Correction. On appeal, she argues that the trial court erred in the following rulings: (1) concluding that her conversation at the scene with a family friend, who is an attorney, was not subject to the attorney-client privilege; (2) concluding that the searches of the residence she shared with the victim and of a vehicle parked in the driveway were lawful; (3) allowing testimony of lay witnesses as to her use of “drugs”; (4) allowing testimony of her having sexual relations at a time after the murder, as to her eviction from an apartment after the murder, and as to her hospitalization at Lakeside Hospital after the murder; (5) allowing the victim’s brother and sisters to testify as to arguments between the defendant and the victim prior to the murder; and (6) allowing certain photographs of the crime scene and the victim’s body. Additionally, the defendant argues that she is entitled to a new trial because of (7) prosecutorial conduct consisting of references to the post-arrest silence of the defendant; suppression of the third statement of a State’s witness; loudly beginning its opening statement by saying, “Give me the f*cking money”; using a misleading PowerPoint presentation during its closing argument; commenting on her right to remain silent; references to the Deity during closing arguments; commenting in closing argument on the length of the trial; treating as established facts which were not proven at trial; making personal attacks during closing statements upon her; and making additional improper statements during closing argument. Further, the defendant argues on appeal that (8) the evidence is insufficient to support her conviction for second degree murder and that (9) the court erred in imposing more than a minimum sentence. We have carefully reviewed the record and conclude that the arguments of the defendant are without merit. Accordingly, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Noura Jackson-Concurring
I concur in the results reached in the lead opinion by Judge Glenn. Indeed, I join in the lead opinion on all but one issue. I write separately to address the issue of prosecutorial misconduct during closing argument. As the lead opinion points out, the opening sentence of the State’s rebuttal argument was as follows: “Just tell us where you were. That’s all we’re asking, Noura.” The defense contends that the remark constitutes an improper comment on the defendant’s choice not to testify at trial. The State claims that the remark was merely a reference to the testimony during trial given by Cindy Eidson, the defendant’s aunt. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Adrianne Kiser
A Shelby County Criminal Court Jury convicted the appellant, Andrianne Kiser, of two counts of attempted voluntary manslaughter, one count of employing a firearm during the commission of a dangerous felony, and one count of reckless endangerment. After a sentencing hearing, the appellant received an effective sentence of sixteen years in confinement. On appeal, the appellant contends that (1) the evidence is insufficient to support the convictions, (2) the trial court erred by allowing a State witness to testify about telephone calls she received before trial, and (3) his effective sentence is excessive. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the evidence is insufficient to support the appellant’s reckless endangerment conviction. Therefore, that conviction is reversed. The appellant’s remaining convictions and sentences are affirmed. However, the case is remanded to the trial court for correction of the judgment for employing a firearm during the commission of a dangerous felony. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. David Lee Leggs
The defendant, David Lee Leggs, was convicted by a Davidson County Criminal Court jury of three counts of aggravated robbery, a Class B felony, and was sentenced by the trial court as a Range III, persistent offender to twenty-five years for each conviction, with one of the sentences ordered to be served consecutively to the other two concurrent sentences. Because the defendant had prior convictions for aggravated robbery, the sentences were also ordered to be served at 100 percent, pursuant to Tennessee Code Annotated section 40-35-501(k)(2), for a total effective sentence of fifty years at 100 percent in the Department of Correction. The sole issue the defendant raises on appeal is whether the trial court erred by ordering consecutive sentencing. Following our review, we affirm the judgments of the trial court |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Calvin Taylor
The defendant, Calvin Taylor, appeals his Davidson County Criminal Court jury convictions of first degree murder, attempted first degree murder, attempted especially aggravated robbery, and attempted aggravated robbery, challenging the sufficiency of the convicting evidence and the sentence imposed by the trial court. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
Juan Alberto Blanco Garcia v. State of Tennessee
The petitioner, Juan Alberto Blanco Garcia, appeals the denial of his petition for post-conviction relief, arguing that he received the ineffective assistance of trial counsel and that his guilty pleas were unknowing and involuntary. Following our review, we affirm the post-conviction court’s denial of the petition. |
Warren | Court of Criminal Appeals | |
Jacob Stephen Love v. State of Tennessee
The Petitioner, Jacob Stephen Love, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his convictions for two counts of attempted aggravated sexual battery and effective eight-year sentence. On appeal, he contends that his guilty pleas were unknowingly and involuntarily made because he was denied the effective assistance of counsel. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Mario Ochoa
Following a traffic stop and search of his vehicle that uncovered over five kilograms of cocaine, the defendant, Mario Ochoa, was indicted by the Sumner County Grand Jury with possession of over 300 grams of cocaine with the intent to sell or deliver, a Class A felony. He subsequently pled guilty to possession of .5 grams or more of cocaine with the intent to sell or deliver, a Class B felony, in exchange for a Range I sentence of twelve years in the Department of Correction, reserving the following certified questions of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(A): (1) whether the officer had reasonable suspicion to stop his vehicle; (2) whether the officer exceeded the scope of the stop once he discovered that the defendant’s temporary license tag was valid; (3) whether the evidence should be suppressed because the defendant’s consent to search the vehicle was not sufficiently attenuated from the prior seizure; and (4) whether the search of the vehicle exceeded the scope of what a reasonable person would have understood to have been meant by the defendant’s consent. Following our review, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Robert Fusco
Following a jury trial, the Defendant, Robert Fusco, was convicted of two counts of especially aggravated kidnapping, which were merged, and one count of each of the following offenses: conspiracy to commit aggravated robbery, conspiracy to commit aggravated kidnapping, attempted aggravated robbery, and aggravated burglary. See Tenn. Code Ann. §§ 39-12-101, -12-103, -13-202, -13-304, -13-305, -13-402, -13-403, & -14-403. The trial court determined that the Defendant was a Range II, multiple offender for sentencing purposes and imposed an effective 65-year sentence. We first decided this appeal several months ago in February 2012. See State v. Robert Fusco, No. M2010-01724-CCA-R3-CD, 2012 WL 368224 (Tenn. Crim. App. Feb. 3, 2012). Our decision was vacated by the Tennessee Supreme Court, and the case was remanded to this court for reconsideration in light of State v. White, 362 S.W.3d 559 (Tenn. 2012). We requested and received supplemental briefing from the parties addressing any White issues. When this case was previously before this court, the Defendant raised the following issues: (1) whether the trial court erred in failing to charge the lesser-included offense of attempted especially aggravated kidnapping; (2) whether the assistant district attorney general committed prosecutorial misconduct during closing argument; (3) whether the evidence is insufficient to support his convictions for especially aggravated kidnapping, conspiracy to commit aggravated robbery, and conspiracy to commit aggravated kidnapping; (4) whether his dual convictions for especially aggravated kidnapping and attempted aggravated robbery violate due process concerns because the restraint of the victim was not beyond that necessary to complete the robbery; (5) whether the trial court erred by not merging his two conspiracy convictions because the offenses were the object of the same agreement; (6) whether the trial court erred by using certain out-of-state convictions to enhance his sentencing range; and (7) whether his sentence was excessive. We reissue our previous opinion as follows with a new section dealing with the White issues. Upon further consideration of the facts and circumstances of this case with those in White, we again affirm the Defendant’s convictions for especially aggravated kidnapping and attempted aggravated robbery. The case is remanded to the Montgomery County Circuit Court for the entry of corrected judgments to reflect merger of the Defendant’s conspiracy convictions. In all other respects, we conclude that there is no reversible error in the judgments of the trial court and affirm. |
Montgomery | Court of Criminal Appeals | |
Albert James Saavedra v. State of Tennessee
The Petitioner, Albert James Saavedra, was ultimately convicted of voluntary manslaughter and attempted second degree murder and, thereafter, received an effective fourteen-year sentence in the Department of Correction. This court affirmed the Petitioner’s convictions and sentence on direct appeal. The Petitioner filed a timely petition for post-conviction relief and, following an evidentiary hearing, the post-conviction court denied relief. On appeal, the Petitioner argues that he received the ineffective assistance of counsel due to trial counsel’s (1) allegedly providing the prosecution with information about the location of the Petitioner’s vehicle and (2) failing to adequately address issues surrounding the video recording of the Petitioner’s statement to authorities. Following our review of the record and the parties’ briefs, we conclude that the Petitioner has not shown that he is entitled to relief. The judgment of the post-conviction court is affirmed. |
Humphreys | Court of Criminal Appeals | |
State of Tennessee v. Ricky Trumaine Salters, Sr.
Appellant, Ricky Trumaine Salters, Sr., entered guilty pleas without recommended sentences to drug offenses stemming from four separate indictments, for which the trial court imposed an effective thirteen-year sentence to be served in the Tennessee Department of Correction. Appellant contends on appeal that the trial court erred by ordering partially consecutive sentences and by refusing alternative sentencing. Upon review of the record and the parties’ briefs, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Jose Luis Gonzalez
Appellee, Jose Luis Gonzalez, was indicted by the Blount County Grand Jury for possession of cocaine with the intent to sell or deliver and possession of a firearm with intent to go armed in the commission of a felony. Prior to trial, Appellee filed a motion to suppress the evidence based on an illegal traffic stop. The trial court determined that the evidence seized during a traffic stop should be suppressed, granting the motion filed by Appellee. The State sought an interlocutory appeal on the matter, asking this Court to reverse the grant of the motion to suppress. After a review of the record, we determine police had probable cause to stop Appellant’s vehicle for improper brake light operation, or at minimum a reasonable and articulable suspicion the lights violated Tennessee Code Annotated section 55-9-402. As a result, we conclude based on the facts herein that the officer effectuated a lawful traffic stop of Appellee. Consequently, the trial court’s grant of the motion to suppress is reversed and the matter is remanded to the trial court for further proceedings consistent with this opinion. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Kacy Dewayne Cannon
A Hamilton County jury convicted the Defendant, Kacy Dewayne Cannon, of aggravated rape, and the trial court sentenced him as a Range II offender to thirty-five years in the Tennessee Department of Correction. On appeal, the Defendant contends that: (1) the trial court erred when it admitted a TBI report detailing the DNA on substances found on the victim’s pantyhose; (2) the trial court erred when it denied his motion to dismiss the case after the victim died; (3) the trial court erred when it denied his request for a forensic scientist to testify about the procedure for handling evidence and the possibility of evidence contamination; (4) the State failed to establish a sufficient chain of custody for the victim’s pantyhose; (5) the trial court erred when it allowed the State to introduce testimony about the emergency room’s protocol; (6) a State witness, Nurse Ardyce Ridolpho, was not qualified to testify as an expert; (7) the trial court erred when it determined that the State did not commit prosecutorial misconduct during closing arguments; (8) the trial court erred when it allowed a doctor to testify about the victim’s medical records; and (9) he is entitled to relief based upon cumulative error. After a thorough review of the record and relevant authorities, we affirm the trial court’s judgment. |
Hamilton | Court of Criminal Appeals | |
William K. Paulson v. State of Tennessee
The petitioner, William K. Paulson, appeals the post-conviction court’s denial of postconviction relief from his convictions of reckless endangerment, felony evading arrest, driving without a license, and violating the state registration law. On appeal, the petitioner contends that the post-conviction court erred in determining that he received effective assistance of counsel. Upon review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Michael L. Webster
The Davidson County Grand Jury indicted Appellant, Michael L. Webster, for one count of first degree premeditated murder. A jury found Appellant guilty of the lesser included offense of second degree murder. The trial court sentenced Appellant to twenty-five years at 100% as a Range I, standard offender. On appeal, Appellant argues that the evidence was insufficient to support his conviction. The State argues that the trial court erred in determining that Appellant was a Range I, standard offender and should have sentenced him as a Range II, multiple offender based upon prior convictions out of Georgia. On appeal, we determine that the evidence was sufficient to support his conviction because the jury rejected his claim of self-defense and Appellant was unable to raise reasonable doubt. We also determine that the trial court correctly determined that Appellant qualified as a Range I, standard offender because his Georgia conviction for burglary was equivalent to a Tennessee conviction for burglary and, therefore, Appellant did not have the requisite amount of the correct classification of prior felonies for him to qualify as a Range II, multiple offender. Therefore, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Antonio Bobo v. State of Tennessee
Petitioner, Antonio Bobo, entered a guilty plea to assault and received probation on the sentence of eleven months and twenty-nine days. He filed a petition for post-conviction relief claiming that trial counsel was ineffective for allowing him to enter a guilty plea that was not knowing and voluntary. He now appeals the denial of post-conviction relief. Following our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals |
