Howard J. Atkins v. State of Tennessee
The petitioner, Howard J. Atkins, appeals the summary dismissal of his petition for writ of error coram nobis. On appeal, he argues that the trial court abused its discretion in determining that there was no newly discovered evidence and that his petition was untimely pursuant to the statute of limitations and in dismissing his petition without an evidentiary hearing. After careful review, we affirm the dismissal of the petition. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Jonathan Doran Tears
Following a jury trial, the Defendant, Jonathan Doran Tears, was convicted of attempted second degree murder, a Class B felony (Count 1); two counts of aggravated assault, a Class C felony (Counts 2-3); unlawful possession of a weapon, a Class E felony (Count 4); possession of a firearm during the commission of a felony, a Class D felony (Count 5); and employment of a firearm during the commission of a felony, a Class C felony (Count 6). The trial court merged Counts 2 and 3 with Count 1, and the trial court merged Counts 4 and 5 with Count 6. The trial court then sentenced the Defendant as a Range II, multiple offender and ordered the Defendant to serve 15 years for the attempted second degree murder conviction and a consecutive 10 years for the employment of a firearm during the commission of a felony conviction, for a total effective sentence of 25 years. The trial court also ordered these sentences to be served consecutively to a sentence imposed in a separate case. In this appeal as of right, the Defendant contends that (1) the evidence was insufficient to support his convictions of attempted second degree murder and possession and employment of a firearm during the commission of a felony and that (2) the trial court erred in sentencing him. Following our review, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
Willie J. Cunningham v. State of Tennessee
The petitioner, Willie J. Cunningham, appeals the dismissal of his petition for writ of habeas corpus by the Circuit Court for Hardeman County. The State has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals because the petition fails to state a cognizable claim for relief. Upon our review of the petition and the applicable authorities, we grant the State's motion and affirm the judgment of the lower court. |
Hardeman | Court of Criminal Appeals | |
Louis T. Robinson v. Joe Easterling, Warden
The pro se petitioner, Louis T. Robinson, appeals the dismissal of his petition for writ of habeas corpus, arguing that the court erred by summarily dismissing the petition without appointing counsel or issuing any findings of fact. Following our review, we affirm the habeas court's summary dismissal of the petition. |
Hardeman | Court of Criminal Appeals | |
Ricky Awatt v. State of Tennessee
A jury convicted the petitioner, Ricky Awatt, of first degree premeditated murder. The trial court sentenced him to life imprisonment in the Tennessee Department of Correction. On direct appeal, this court upheld the conviction. The Tennessee Supreme Court subsequently denied a discretionary appeal. The petitioner now appeals the judgment of the Madison County Circuit Court dismissing his petition for post-conviction relief. Specifically, the petitioner argues that, although the statute of limitations for post-conviction relief has passed, the statute of limitations should be tolled, allowing him to proceed with his petition. After review, we affirm the judgment denying post-conviction relief. |
Madison | Court of Criminal Appeals | |
Ricky Flamingo Brown v. State of Tennessee
The petitioner, Ricky Flamingo Brown, appeals the Davidson County Criminal Court's summary dismissal of his petition for writ of habeas corpus attacking his judgment of conviction of aggravated rape and resulting life sentence. See T.C.A. _ 39-2-603 (1986). Discerning no error, we affirm the order of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Anthony Bernard Farr
The defendant, Anthony Bernard Farr, stands convicted of (1) possession with intent to sell .5 grams or more of cocaine, a Class B felony; (2) resisting a stop and frisk, a Class B misdemeanor; and (3) criminal impersonation, a Class B misdemeanor. The trial court sentenced the defendant as a Range II, multiple offender to a total effective sentence of eighteen years in the Tennessee Department of Correction. On appeal, the defendant argues that the evidence was insufficient to support his conviction for possession with intent to sell cocaine and that his sentence was excessive. Following our review, we affirm the judgments of the trial court. |
Chester | Court of Criminal Appeals | |
State of Tennessee v. Antonio Bigsbee
The appellant, Antonio Bigsbee, was convicted by a Robertson County Circuit Court Jury of especially aggravated kidnapping and reckless endangerment. He received a total effective sentence of thirteen and one-half years in the Tennessee Department of Correction. On appeal, the appellant contends that the evidence is not sufficient to support his convictions, that the trial court erred by allowing the State to present the testimony of a rebuttal witness, that the trial court erred in allowing the testimony of Robert Wayne Bell regarding a gun purchased by the appellant, and that the State's closing argument was improper. Upon review, we affirm the judgments of the trial court. |
Robertson | Court of Criminal Appeals | |
Steven D. Skinner v. State of Tennessee
The petitioner, Steven D. Skinner, appeals the denial of his petition for post-conviction relief. On appeal, he argues that counsel's representation was ineffective because counsel failed to investigate and prepare for his case. After careful review, we affirm the judgment from the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Tommy F. Poe v. Tony Parker, Warden
The pro se petitioner, Tommy F. Poe, appeals the Lake County Circuit Court's summary dismissal of his petition for writ of habeas corpus, arguing that the sentences he negotiated in exchange for his guilty pleas to aggravated kidnapping are illegal because they were ordered to be served at 35% release eligibility instead of the 100% required by law. Following our review, we affirm the habeas court's dismissal of the petition. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. David William Cosgrif, III
The defendant, David William Cosgrif, III, was convicted by a Roane County jury of second degree murder, a Class A felony, and theft over $1000, a Class D felony, and was sentenced by the trial court as a Range I offender to an effective term of twenty years in the Department of Correction. He raises essentially three issues on appeal: (1) whether the evidence was sufficient to sustain his second degree murder conviction; (2) whether the trial court erroneously admitted scientific testimony that did not meet sufficient indicia of reliability; and (3) whether the trial court imposed an excessive sentence for the murder conviction. Following our review, we affirm the judgments of the trial court but modify the defendant's sentence to fifteen years. |
Roane | Court of Criminal Appeals | |
State of Tennessee v. James Adam Conard
The defendant, James Adam Conard, appeals the Knox County Criminal Court's revocation of his probation in one case and the denial of alternative sentencing in a second case. The result of the trial court's actions is a nine-year effective sentence to be served in the Department of Correction. Upon review, we affirm the order and judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Andra Dennis
The defendant, Andra Dennis, appeals the trial court's revocation of his probation, arguing that there was insufficient evidence to support the trial court's finding that he violated the terms of his probation. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ronald Woods, Jr.
The Defendant-Appellant, Ronald Woods, Jr., appeals pro se from multiple convictions in the Criminal Court of Shelby County. He pled guilty to intentionally evading arrest in a motor vehicle, a Class D felony, driving while a habitual motor vehicle offender, a Class E felony, driving under the influence of an intoxicant, a Class E felony, reckless driving, a Class B misdemeanor, and two counts of aggravated assault, a Class C felony. Woods received a an effective sentence of six years to be served consecutively to another unrelated sentence. On appeal, Woods claims: (1) he was denied his right to a fair trial because of prosecutorial misconduct; and (2) his conviction for reckless driving and intentionally evading arrest violated principles of double jeopardy. Upon review, we conclude that Woods's claims of prosecutorial misconduct and double jeopardy have been waived. The judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Sequna Copeland
The defendant, Sequna Copeland, pled guilty in the Lauderdale County Circuit Court to one count of facilitation of second degree murder, a Class B felony. The agreement provided for an eight-year sentence, with the manner of service to be determined by the trial court. The trial court denied the defendant's request for an alternative sentence and ordered confinement in the Department of Correction. On appeal, the defendant contends that the court erred in denying alternative sentencing. Following review of the record, we find no error and affirm the sentence as imposed. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Victoria Nicole Spicer
The Dickson County Grand Jury indicted Appellant, Victoria Spicer, for one count of theft of property worth more than $500 but less than $1,000 and one count of criminal trespass. At the conclusion of the State's proof, the State conceded that the evidence was insufficient to support a conviction for criminal trespass. At the end of trial, the jury convicted Appellant for one count of facilitation of theft, for property worth $500 or less. The trial court sentenced Appellant to six months in the county jail. On appeal, Appellant argues that her conviction cannot stand because theft of property worth $500 or less is a misdemeanor and the crime of facilitation under the statute applies only to felonies. The State concedes that facilitation of a misdemeanor is not a crime under the Tennessee statutory scheme. After a review of the record and the statute, we conclude that facilitation of a misdemeanor is not a crime under the statutes of Tennessee. Therefore, Appellant's conviction must be reversed and dismissed. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Joseph W. Denton
The Defendant, Joseph W. Denton, pleaded guilty to one count of forgery and one count of impersonation of a licensed professional, both Class E felonies. Under the terms of the plea agreement, he received concurrent terms of two years as a Range I, standard offender to be served on probation. After a sentencing hearing, the trial court denied the Defendant's request for judicial diversion. He challenges that ruling on appeal. After a review of the record, we affirm the judgments of the Putnam County Circuit Court. |
Putnam | Court of Criminal Appeals | |
Timothy Ray Gentry v. State of Tennessee
The Petitioner, Timothy Ray Gentry, pled guilty to multiple theft, forgery, and drug offenses and received a total effective sentence of eighteen years, eleven months, and twenty-nine days. The Petitioner filed a petition for post-conviction relief, alleging that his counsel was ineffective and that his guilty pleas were not knowingly and voluntarily made. The Petitioner acknowledged that his petition was untimely but asserted that due process required the statute of limitations be tolled. The post-conviction court dismissed the petition without a hearing, and the Petitioner now appeals. We reverse the ruling of the post-conviction court and remand for a hearing to determine whether due process requires tolling of the statute of limitations. |
Sullivan | Court of Criminal Appeals | |
Luis D. Vidales Romero v. Joe Easterling, Warden
The pro se petitioner, Luis D. Vidales Romero, appeals the summary dismissal of his petition for writ of habeas corpus. Following our review, we affirm the habeas court's dismissal of the petition. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Brandon Williamson
The defendant, Brandon Williamson, appeals the revocation of his community corrections sentence, claiming that the trial court erred by ordering him to serve his original sentence in the Tennessee Department of Correction. Following our review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Tamabe Trinise Leke
The Defendant-Appellant, Tamabe Trinise Leke, was convicted by a Madison County jury of disorderly conduct, a Class C misdemeanor, and resisting arrest, a Class B misdemeanor. She was sentenced to thirty days for disorderly conduct and to six months for resisting arrest. The trial court ordered these sentences to be served concurrently. On appeal, Leke challenges the sufficiency of the evidence for both convictions. Upon review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Angela Milhorn
The defendant, Angela Milhorn, appeals the denial of her request for judicial diversion, arguing that the trial court abused its discretion by placing undue emphasis on the circumstances of her offense while ignoring positive factors in favor of diversion. Following our review, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Julius W. Weaver
Appellant, Julius W. Weaver, was indicted by a Rhea County Grand Jury on three counts of aggravated sexual battery. On count one of the indictment, he was convicted of the lesser included offense of Class B misdemeanor assault. The jury found him not guilty on counts two and three. The trial court sentenced Appellant to six months incarceration. He now appeals the length and manner of service of his sentence. We affirm. |
Rhea | Court of Criminal Appeals | |
Teresa Rita Day v. State of Tennessee
The pro se petitioner, Teresa Rita Day, appeals the post-conviction court's summary dismissal of her petition for post-conviction relief. Because the petition was untimely and the petitioner has not shown any reason that the statute of limitations should be tolled, we affirm the post-conviction court's summary dismissal of the petition as time-barred. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Terry O'Neil Greene
The Defendant, Terry O'Neil Greene, was convicted by a jury of driving under the influence of an intoxicant, second offense. In this appeal as of right, the defendant contends that the trial court erred in admitting the results of his breath-alcohol test. Following our review, we affirm the judgment of the trial court. |
Hamblen | Court of Criminal Appeals |
