Michael Joseph Grant v. State of Tennessee
The petitioner, Michael Joseph Grant, appeals the summary dismissal of his petition for writ of error coram nobis. The petitioner claims the trial court should have held an evidentiary hearing and allowed evidence of witness statements that would have impacted the outcome of the proceedings. We conclude the writ of error coram nobis upon this record is not available to the petitioner because he pled guilty. The summary dismissal is affirmed. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Tywan Garcia Armstrong
The Defendant, Tywan Garcia Armstrong, was convicted by a jury in Marshall County of (Count 1) sale of a Schedule II Controlled Substance, a Class B Felony; (Count 2) delivery of a Scheduled II Controlled Substance, a Class B felony; (Count 3) possession with the intent to sell a Schedule II Controlled Substance, a Class B felony; (Count 4) possession with the intent to deliver a Schedule II Controlled Substance, a Class B felony; and (Count 5) possession of a deadly weapon with intent to employ it in the commission of an offense, a Class E felony. In this appeal as of right, the Defendant argues that: (1) the trial court erred in denying his motion to suppress evidence obtained from the search of his car; (2) the evidence was insufficient to support his convictions for Counts 1, 2, and 5; and (3) the trial court erred in refusing to apply the mitigating factors submitted by the Defendant at the sentencing hearing. After reviewing the record, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
Joby Lee Teal v. State of Tennessee
The petitioner, Joby Lee Teal, appeals the Shelby County Criminal Court’s summary dismissal of his “Motion for Correction of Void Judgment.” The State has filed a motion requesting that this court affirm the trial court’s dismissal pursuant to Rule 20, of the Rules of the Court of Criminal Appeals, arguing that the petitioner’s motion should be treated as a petition for writ of habeas corpus and that he failed to state a cognizable claim because he is not “imprisoned or restrained of liberty.” We agree, grant the State’s motion, and affirm the judgment from the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Carlous Leon Clark
A Madison County grand jury indicted the Defendant, Carlous Leon Clark, for attempted first degree murder, two counts of aggravated assault, aggravated burglary, and assault. The Defendant moved to dismiss the charges, claiming that a trial would not comply with the speedy trial provisions of the United States and Tennessee constitutions. The trial court denied the Defendant’s motion to dismiss, and a Madison County jury convicted the Defendant of attempted first degree murder, assault, two counts of aggravated assault, and aggravated criminal trespass. On appeal, the Defendant contends that the trial court erred when it denied his motion to dismiss based on a violation of his right to a speedy trial. After a thorough review of the record and the applicable law, we affirm the trial court’s judgment. |
Madison | Court of Criminal Appeals | |
Curtis Daniel Hart v. State of Tennessee
The petitioner, Curtis Daniel Hart, appeals the denial of his petition for post-conviction relief and contends that he received ineffective assistance of counsel. He was initially convicted of second degree murder, simple possession of marijuana, and simple possession of Alprazolam, a Schedule IV controlled substance, and sentenced to thirty-five years in confinement as a Range II offender. On appeal, the petitioner argues that counsel was ineffective in a variety of areas but failed to prove any of the allegations. Therefore, we affirm the judgment from the post-conviction court. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Terry R. Cary
The defendant, Terry Cary, was convicted by a Madison County jury of promoting the manufacture of methamphetamine, a Class D felony, and sentenced as a career offender to twelve years in the Department of Correction. On appeal, the defendant raises the single issue of sufficiency of the evidence. Following review of the record, we affirm the judgment of conviction. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Herman Sowell, Jr.
Defendant, Herman Sowell, Jr., appeals the dismissal of his motion requesting the trial court to modify his sentence of confinement to a suspended sentence. On appeal, Defendant argues that the trial court abused its discretion in finding no change in circumstances which would justify the requested modification. After a thorough review, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Ricky Eugene Scoville
A Marshall County jury convicted the defendant, Ricky Eugene Scoville, of two |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Michael Collins Reed
The Defendant-Appellant, Michael Collins Reed, appeals his sentence following the revocation of his probation. He originally pled guilty to attempted aggravated robbery, a Class C felony, and was sentenced as a multiple offender to eight years of confinement in the Tennessee Department of Correction. This sentence was suspended to ten years of supervised probation. Because this was Reed’s third probation violation, the trial court placed his eight-year sentence for attempted aggravated robbery into effect. On appeal, Reed concedes the probation violation, but argues the trial court should have reinstated his probation or imposed a rehabilitative sentence that addressed his drug addiction. Upon review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Clarence Carnell Gaston v. State of Tennessee
The petitioner, Clarence Carnell Gaston, appeals the trial court’s denial of his petition to reopen his post-conviction petition. 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 petitioner did not comply with the statutory requirements for seeking discretionary review of the denial of his motion, this court has no jurisdiction in this case. Accordingly, the appeal is dismissed. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Joe Marvin Ellison
The defendant, Joe Marvin Ellison, pled guilty to aggravated assault, aggravated robbery, aggravated kidnapping, and rape for an effective sentence of twenty-five years in the Department of Correction. He subsequently filed a motion to withdraw his guilty pleas, which was denied by the trial court. On appeal, he argues that the trial court erred in denying his motion. After review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Thomas Christopher Hayes, alias Christopher Hayes
The Defendant, Thomas Christopher Hayes, appeals as of right his Hamilton County Criminal Court jury conviction for sexual battery, a Class E felony. The trial court sentenced the Defendant to four years as a Range II, multiple offender to be served in the Department of Correction. His sole issue on appeal is whether the evidence is sufficient to support his conviction. Following our review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Frankie E. Casteel v. State of Tennessee
The Petitioner, Frankie E. Casteel, appeals the Hamilton County Criminal Court’s denial of his petition for post-conviction relief from his convictions for three counts of first degree murder. In this appeal, the Petitioner contends that the trial court erred in finding that he received the effective assistance of counsel. We affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Corey Lynn Clark v. State of Tennessee
|
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Michael Dewayne Brown
|
Dyer | Court of Criminal Appeals | |
Marco Butler v. State of Tennessee
The Petitioner, Marco Butler, appeals from the Shelby County Criminal Court’s denial of post-conviction relief from his guilty pleas to first degree murder and especially aggravated robbery, a Class A felony, and his concurrent sentences of life and twenty-five years, respectively. On appeal, the Petitioner argues that he received ineffective assistance of counsel because trial counsel failed to communicate his release eligibility date. He also contends that his plea was involuntarily and unknowingly entered. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Johnny Menifee v. State of Tennessee
The petitioner, Johnny Menifee, was convicted in 2004 of Class D felony evading arrest with risk of injury, misdemeanor theft, Class E felony reckless endangerment with a deadly weapon, and resisting arrest. He received an effective sentence of eighteen years as a persistent offender. After his convictions and sentences were affirmed by this court in 2006, he filed a petition for post-conviction relief. Following an evidentiary hearing, the postconviction court denied the petition; and, after our review, we affirm that denial. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Suzanne D. Burkhart
The defendant, Suzanne D. Burkhart, appeals certified questions of law from the Sevier County Circuit Court, where she pleaded guilty to driving under the influence of an intoxicant (DUI) and violation of the implied consent law. The reserved certified question challenges on constitutional grounds a Sevierville police officer’s basis for stopping her vehicle and also his authority for doing so outside the City of Sevierville. We affirm the action of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Jose E. Bejar, in Re: Liberty Bonding Company
The petitioner, Liberty Bonding Company, appeals the Shelby County Criminal Court’s denial of its request to return the $5000 paid as a final forfeiture on the bond for the defendant, Jose E. Bejar. The defendant violated his bond agreement in 1996, and the petitioner paid the final forfeiture in 1997. Some ten years later, the State dismissed the pending charges against the defendant. On appeal, the petitioner challenges the trial court’s denial because: (1) there was no written final order of forfeiture entered; and (2) the language of Tennessee Code Annotated section 40-11-133(c) (2006) prohibits the State from dismissing the underlying charges. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
David Cantrell v. Joe Easterling, Warden
In 1995, a Hickman County jury convicted the Petitioner of four counts of aggravated rape and one count of false imprisonment, and the trial court sentenced him as a Range II multiple offender to a total effective sentence of eighty years in the Tennessee Department of Correction. The Petitioner filed a petition for habeas corpus relief, claiming the trial court did not have statutory authority to sentence him as a Range II multiple offender. The habeas court dismissed the petition without a hearing, finding that “[h]abeas corpus relief is not appropriate.” After a thorough review of the record and applicable law, we affirm the judgment of the habeas court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Nicholas Allen Montieth
Following a jury trial, Defendant, Nicholas Allen Montieth, was found guilty of sexual battery by an authority figure. The trial court imposed a sentence of three years as a Range One offender. The sole issue raised on appeal is whether the trial court erred by not allowing Defendant to impeach the victim with testimony of a prior inconsistent statement. Following our review of the record, we reverse the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
Robert Lee Adams, Jr. v. State of Tennesse
Petitioner, Robert Lee Adams, was convicted by a Tipton County Jury of possession of a Schedule II controlled substance with the intent to deliver and simple possession of a Schedule VI controlled substance. As a result, he was sentenced as a Range II, multiple offender to a fourteen-year sentence. This Court affirmed Petitioner’s convictions on appeal. State v. Robert Lee Adams, Jr., No. W2007-00880-CCA-R3-CD, 2008 WL 2152497 (Tenn. Crim. App., at Jackson, May 22, 2008), perm. app. denied, (Tenn. Dec. 8, 2008). Petitioner subsequently sought post-conviction relief on various grounds, including ineffective assistance of counsel. After a hearing, the post-conviction court dismissed the petition. Petitioner filed a timely notice of appeal. We have reviewed the record and conclude that Petitioner has failed to show that he received ineffective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed. |
Tipton | Court of Criminal Appeals | |
Larry Darnell Pinex v. State of Tennessee
The defendant, Larry Darnell Pinex, appeals from his Davidson County Criminal Court convictions of assault, attempted vandalism, and attempted theft. He claims that the trial court erred in not requiring the State to elect an offense to serve as the basis for the assault charge, that the evidence was insufficient to support the convictions of assault and attempted vandalism, and that the trial court erroneously sentenced him on all convictions. The attempted vandalism conviction must be reversed, and that charge must be dismissed because insufficient evidence underlies the conviction. The assault conviction is affirmed as are the sentences for assault and attempted theft. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Antionette Horton
The defendant, Antionette Horton, was convicted by a Shelby County Criminal Court jury of second degree murder, a Class A felony, and was sentenced to eighteen years in the Department of Correction. On appeal, she argues that the State failed to meet its burden of proving beyond a reasonable doubt that the killing was not in self-defense or defense of others. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Nigel Kavic Watkins
The Defendant, Nigel Kavic Watkins, was charged with one count of first degree felony murder and one count of aggravated child abuse. Following a jury trial, he was convicted of one count of reckless homicide, a Class D felony, and one count of aggravated child abuse, a Class A felony. See Tenn. Code Ann. §§ 39-13-215(b), -15-402(b). He was sentenced as a Range I, standard offender to four years for reckless homicide and, as a violent offender, to twenty-five years for aggravated child abuse. The trial court ordered him to serve these sentences consecutively, for a total effective sentence of twenty-nine years in the Department of Correction. In this direct appeal, the Defendant contends that: (1) the trial court erred in denying his motion to suppress his statement; (2) the trial court erred in allowing the introduction of certain autopsy photographs; (3) the State presented evidence insufficient to convict him of aggravated child abuse; and (4) the trial court erred in setting the length of his sentence and in ordering consecutive service. We notice as plain error that the Defendant’s rights under the Fifth Amendment to the United States Constitution’s double jeopardy clause were violated by his dual convictions. After our review, we affirm the Defendant’s conviction for aggravated child abuse. We merge the Defendant’s reckless homicide conviction into his aggravated child abuse conviction and remand for resentencing. |
Smith | Court of Criminal Appeals |
