State of Tennessee v. Malique Nicolas Gray
The State filed a petition seeking to transfer seventeen-year-old Defendant-Appellant, Malique Nicolas Gray, for prosecution as an adult in criminal court. Prior to the transfer hearing, the Bradley County Juvenile Court Judge signed an order appointing the juvenile magistrate judge to hear the matter. The juvenile magistrate judge presided over the Defendant’s transfer hearing and found probable cause to transfer the Defendant to the Bradley County Criminal Court to be tried as an adult. At the close of the transfer hearing, the juvenile magistrate judge advised defense counsel that she was sitting as a “substitute judge.” Following a trial, the Defendant was convicted by a Bradley County Criminal Court jury of aggravated robbery, felony theft of property, misdemeanor theft of property, and burglary of an automobile. The Defendant received a concurrent term of eleven years for the aggravated robbery and three years for the felony theft of property, which was aligned consecutively to a concurrent term of two years for burglary of an automobile and eleven months and twenty-nine days for the misdemeanor theft of property, for an effective sentence of thirteen years’ imprisonment. The Defendant’s principal complaint on appeal is that the juvenile transfer hearing was “marred by procedural defects” because (1) the order by the juvenile court judge appointing the juvenile magistrate judge was “silent regarding any necessity or good cause [for the juvenile judge] to be absent;” and (2) the transfer hearing was conducted by a judge who did not identify herself as a “substitute judge” until the end of the hearing, depriving the Defendant of an opportunity to object and appeal to the elected juvenile court judge The Defendant also argues that the trial court erred in denying alternative sentencing under Tennessee Code Annotated Section 40-35- 122, which prohibits continuous confinement for non-violent property offenses, and in imposing partial consecutive sentencing. Upon our review, we affirm. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. Gregory Sean Robinson
Following two convictions for aggravated assault, the Defendant, Gregory Sean Robinson, was sentenced to an effective term of ten years and placed on probation. Thereafter, the Defendant absconded from supervision and committed new criminal offenses. As a consequence, the trial court revoked the suspended sentences and ordered that the Defendant serve the balance of the effective sentence in custody. On appeal, the Defendant contends the trial court abused its discretion by revoking his suspended sentences in full instead of allowing him to participate in a substance-use treatment program through a furlough. We affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Daniel J. Jamison
Defendant, Daniel J. Jamison, entered an open plea of guilty to aggravated burglary, theft of property valued at less than $1,000, aggravated criminal trespass, and public intoxication. The trial court imposed an effective six-year sentence to be served in the Department of Correction, followed by a consecutive sentence of eleven months and twenty-nine days in the county jail with all but ninety days to be served on supervised probation. On appeal, Defendant argues that his sentence was excessive. Following our review of the entire record, oral arguments, and the briefs of the parties, we affirm the judgments of the trial court. |
Moore | Court of Criminal Appeals | |
Timothy L. Jefferson v. State of Tennessee
The Petitioner, Timothy L. Jefferson, appeals the Trousdale County Circuit Court’s dismissal of his pro se petition seeking habeas corpus relief from his conviction for second degree murder, for which he received an effective sentence of forty years in prison. On appeal, the Petitioner argues he is entitled to habeas corpus relief because he was illegally restrained as a result of a procedurally defective juvenile petition. After review, we affirm the judgment summarily dismissing the petition for writ of habeas corpus. |
Trousdale | Court of Criminal Appeals | |
Melvin A. Odom v. State of Tennessee
Petitioner, Melvin A. Odom, appeals the summary dismissal of his post-conviction petition as time-barred. On appeal, he contends that the correct date to determine the statute of limitations is the day the trial court filed an amended judgment on one of his convictions and by that date, his petition was timely filed. Alternatively, he contends that due process considerations warrant the tolling of the one-year statute of limitations and requests that the case be remanded for an evidentiary hearing to determine whether he is entitled to equitable tolling. Following our review of the entire record, oral arguments, and the parties’ briefs, the dismissal is affirmed.
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Williamson | Court of Criminal Appeals | |
State of Tennessee v. James Berg
Pursuant to a plea agreement, the Defendant, James Berg, entered guilty pleas to aggravated sexual battery and two counts of rape of a child. The Defendant agreed to a concurrent term of twenty-five years for the rape of a child convictions and a term of fifteen years for the aggravated sexual battery conviction, with the alignment of these terms of imprisonment to be determined by the trial court. Following a sentencing hearing, the trial court ordered the terms to be served consecutively, for an effective sentence of forty years’ imprisonment. The sole issue presented on appeal is whether the trial court abused its discretion in ordering consecutive sentencing. Upon our review, we affirm. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. Joseph Anthony Szostak, III
Defendant, Joseph Anthony Szostak, III, claims that the trial court abused its discretion by denying his request for alternative sentencing and ordering him to serve his sentence of three years and six months in confinement. After a thorough review of the record and the applicable law, we affirm the judgment of the trial court. |
Lawrence | Court of Criminal Appeals | |
William Coley v. State of Tennessee
The Petitioner, William Coley, appeals the denial of his petition seeking post-conviction relief from his convictions of first-degree felony murder, second degree murder, and especially aggravated robbery, for which he received an effective sentence of life imprisonment. The Petitioner argues for the first time on appeal that the post-conviction court violated his due process rights by conducting his post-conviction hearing jointly with the post-conviction hearing of his then co-defendant, now Petitioner Markreo Quintez Springer. He additionally claims ineffective assistance of counsel based on trial counsel’s failure to file a pretrial severance motion based on Bruton v. United States, 391 U.S. 123, 136-137 (1968), and trial counsel’s failure to challenge the chain of custody regarding the State’s DNA evidence.1 Upon our review, we affirm.
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Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jason Steven Molthan
The Defendant, Jason Steven Molthan, was convicted by a Williamson County Circuit Court jury of one count of stalking and one count of harassment. The trial court imposed consecutive sentences of eleven months and twenty-nine days at seventy-five percent service. On appeal, the Defendant argues that the trial court should have merged his convictions and that the trial court erred by failing to file a consecutive sentencing order pursuant to Tennessee Rule of Criminal Procedure 32(c). Upon our review, we conclude that the Defendant has failed to provide this Court with an adequate appellate record and has not prepared a sufficient brief. Because we cannot conduct a meaningful appellate review of his issues, we conclude that the issues are waived. We affirm the judgments of the trial court. |
Williamson | Court of Criminal Appeals | |
Martigous Malone v. State of Tennessee
The petitioner, Martigous Malone, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel and entered a voluntary guilty plea. Following our review, we affirm the postconviction court’s denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Courtney Watkins
The petitioner, Courtney Watkins, appeals from the summary dismissal of his petition for post-conviction DNA analysis. Following our review, we affirm the judgment of the postconviction court. |
Shelby | Court of Criminal Appeals | |
Roddarous Marcus Bond v. State of Tennessee
The pro se petitioner, Roddarous Marcus Bond, appeals the summary denial of his petition for post-conviction relief by the Madison County Circuit Court, arguing the trial court erred in dismissing his petition because his sentence is illegal. After our review, we affirm the summary dismissal of the petition pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Betty Sparks
A Hardeman County jury convicted the defendant, Betty Sparks, of first-degree premeditated murder, first-degree felony murder, attempted first-degree murder, aggravated assault with serious bodily injury, and attempted especially aggravated robbery, for which she received an effective sentence of life imprisonment. On appeal, the defendant argues the trial court erred in denying her motion to suppress. She also contends the evidence presented at trial was insufficient to support her convictions. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. However, we remand the case for corrected judgment forms in counts one and two |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Larry Dale Pitts
Larry Dale Pitts, Defendant, was convicted of aggravated assault after a jury trial. The trial court denied his request for judicial diversion and sentenced him to split confinement, with one year of incarceration, and the remainder on supervised probation. He now appeals the sentencing determinations of the trial court, arguing that it abused its discretion in denying judicial diversion, denying full probation, and sentencing him to the maximum within-range sentence of six years. After review, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Tony Dale Crass
The Williamson County Grand Jury indicted Tony Dale Crass, Defendant, with driving |
Williamson | Court of Criminal Appeals | |
Darin Woods v. State of Tennessee
The Petitioner, Darin Woods, appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his convictions for attempted second degree murder, attempted aggravated robbery, aggravated robbery, and employing a firearm during the commission of a dangerous felony, for which he is serving an effective twenty-seven year sentence. On appeal, the Petitioner contends that the post-conviction court erred in denying relief on his ineffective assistance of counsel claim. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Robert Lancaster Steed, Jr.
In 2019, the Defendant, Robert Lancaster Steed, Jr., pleaded guilty to evading arrest, false imprisonment, domestic assault, and theft. The trial court sentenced the Defendant, by agreement of the parties, to an effective sentence of six years of probation. After several violations, the trial court ultimately revoked the Defendant’s probation and ordered him to serve his sentence in the Department of Correction. On appeal, the Defendant contends that his poor performance on probation was due to his drug addiction, so the trial court should have ordered a period of confinement followed by intensive outpatient substance abuse and mental health treatment. After review, we affirm the trial court’s judgment. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Aaron Dewayne Troutt
The Defendant, Aaron Dewayne Troutt, appeals as of right from the trial court’s dismissal of his Tennessee Rule of Criminal Procedure 36 motion to correct a clerical error. The Defendant contends that the trial court erred by concluding it was without jurisdiction to modify a final judgment to award behavioral and pretrial jail credit. After review, we affirm the trial court’s decision in part, reverse in part, and remand for findings on whether a clerical error exists regarding the Defendant’s pretrial jail credit. |
Coffee | Court of Criminal Appeals | |
Brandon Nathaniel Merritt v. State of Tennessee
The Petitioner, Brandon Nathaniel Merritt, pled guilty to attempted rape and sexual battery and agreed to an effective sentence of six years. Pursuant to the plea agreement, the trial court was to determine how the sentence would be served. After the trial court imposed a sentence of full confinement, the Petitioner timely filed a petition for post-conviction relief asserting that he received the ineffective assistance of counsel regarding his guilty pleas and at his sentencing hearing. He also asserted that his guilty pleas were not knowingly and voluntarily entered. After an evidentiary hearing, the post-conviction court denied the petition for post-conviction relief. On appeal, we affirm the judgment of the postconviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marlon J. Johnson, Jr.
The Defendant-Appellant, Marlon J. Johnson, Jr., appeals the revocation of his six-year probationary sentence for two counts of aggravated burglary, domestic assault, misdemeanor assault, misdemeanor theft, and misdemeanor false imprisonment. The Defendant conceded the probation violation before the trial court and on appeal. Accordingly, the sole issue presented for our review is whether the trial court erred in ordering the Defendant to serve the balance of his sentence in confinement. Upon review, we affirm. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Thomas Adam Blackwell
Thomas Adam Blackwell, Defendant, claims that the trial court abused its discretion by revoking his probation, denying an alternative sentence, and ordering his three-year sentence for fourth offense driving under the influence (“DUI”) to be served consecutively to the seven-year sentence that he was serving on community corrections when he was arrested for the DUI. After a thorough review of the record and applicable law, we affirm.
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Sumner | Court of Criminal Appeals | |
Donta Lamar Weir v. State of Tennessee
The petitioner, Donta Lamar Weir, appeals the summary dismissal of his petition for postconviction relief, which petition challenged his 2021 guilty-pleaded convictions of delivery of cocaine in a drug-free school zone, delivery of cocaine, and delivery of a counterfeit controlled substance. He argues that the post-conviction court erred by concluding that he failed to state a colorable claim for relief. Discerning no error, we affirm. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Jeremy Lynn Thornton
The Defendant, Jeremy Lynn Thornton, was convicted in the Benton County Circuit Court of possession of methamphetamine with intent to sell or deliver, possession of heroin with intent to sell or deliver, simple possession of alprazolam, simple possession of marijuana, possession of drug paraphernalia, and simple possession of diazepam and received an effective ten-year sentence to be served as one year in confinement followed by nine years on community corrections. The State appealed the Defendant’s community corrections sentence, and this court reversed the decision of the trial court and remanded the case for a new sentencing hearing. On remand, the trial court again imposed an effective ten-year sentence to be served as one year in confinement followed by community corrections. The State appeals, claiming that the Defendant is not eligible for community corrections due to his past pattern of behavior indicating violence and pattern of committing violent offenses. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court. |
Benton | Court of Criminal Appeals | |
State of Tennessee v. Stephen Hampton and Margaret Hampton
Stephen Paul Hampton and Margaret Mary Hampton were charged in the Madison County Circuit Court with drug and weapon offenses, but the charges were dismissed after the trial court granted their motions to suppress statements made to a police officer and evidence found in their vehicle. On appeal, the State contends that the trial court erred by granting the motions to suppress because the statements were not made during a custodial interrogation and because the police officer had probable cause to search the vehicle. Based upon the oral arguments, the record, and the parties’ briefs, we reverse the trial court’s orders granting the motions to suppress, vacate the order dismissing the indictment, and remand the case to the trial court for further proceedings consistent with this opinion. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Demarcus Wooten
A Shelby County jury found the Defendant, Demarcus Wooten, guilty of the offenses of first degree murder, attempted first degree murder, and employing a firearm during the commission of a dangerous felony. The trial court imposed a total effective sentence of life plus twenty-nine years. On appeal, the Defendant argues that the evidence is insufficient to sustain his murder and attempted murder convictions, arguing principally that the proof did not establish the elements of intent and premeditation. We respectfully disagree, and we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals |
