Christopher Brown v. State of Tennessee
The Petitioner, Christopher Brown, was convicted of one count of first degree murder and three counts of aggravated assault by a Shelby County jury. The Petitioner later filed a petition for post-conviction relief alleging that he was denied the effective assistance of counsel when trial counsel failed to disclose discovery materials and failed to call particular witnesses. The post-conviction court denied the petition after an evidentiary hearing. On appeal, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marcus Davis
The Defendant, Marcus Davis, was convicted by a Shelby County Criminal Court jury of attempted first degree premeditated murder, a Class A felony, and employing a firearm during the attempt to commit a dangerous felony, a Class C felony, and was sentenced by the trial court to an effective term of twenty-one years in the Department of Correction. On appeal, he argues that the evidence is insufficient to show premeditation and that the trial court erred by denying his request for a jury instruction on self-defense. Based on our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Jacob Tate v. State of Tennessee
The petitioner, Jacob Tate, appeals the denial of his petition for post-conviction relief, which petition challenged his 2018 guilty-pleaded convictions of especially aggravated kidnapping and rape, arguing that he was deprived of the effective assistance of counsel and that his guilty pleas were not knowingly, voluntarily, and intelligently entered. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Terry James Lee
Aggrieved of his Williamson County Circuit Court jury convictions of aggravated kidnapping, simple possession, violating the financial responsibility law, speeding, and the improper use of a vehicle registration, the defendant, Terry James Lee, appeals. In this appeal, the defendant challenges the sufficiency of the convicting evidence, the admission of evidence of certain uncharged conduct, and the admission of certain of his pretrial statements to the police. Discerning no error, we affirm. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Eric R. Wright
The Defendant, Eric R. Wright, was convicted by a Shelby County Criminal Court jury of robbery committed by the use of a deadly weapon and two counts of assault with the intent to commit first degree murder, for which he is serving an effective 150-year sentence as a Range III, persistent offender. He filed a Motion to Correct an Illegal Sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, which the trial court denied. On appeal, he contends that the trial court erred in denying relief without appointing counsel and conducting a hearing. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jacquiz McBee
Defendant, Jacquiz McBee, was convicted of first-degree premeditated murder and received a life sentence to be served consecutively to his prior three-year sentence for aggravated assault. On appeal, Defendant argues: that the evidence was insufficient to support his conviction; that the trial court erred by excluding the victim and Defendant’s minor child’s statement to a forensic interviewer; that the trial court erred by failing to redact the words “on probation” from searches made on the internet from Defendant’s cell phone; that the trial court erred by admitting the results of a Google search conducted by Detective McFarland consistent with a search made by Defendant; that the trial court erred by ordering consecutive sentencing; and that cumulative error entitles him to relief. Following our review of the entire record and the parties’ briefs, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Thomas N. Allen v. State of Tennessee
The pro se Petitioner, Thomas N. Allen, appeals from the summary dismissal of his petition filed pursuant to the Post-Conviction DNA Analysis Act of 2001 (“the Act”), wherein he sought DNA testing of evidence related to his first degree murder conviction. After reviewing the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Adam Holmes
The defendant, Adam Holmes, appeals his Knox County Criminal Court jury convictions of possession of a weapon by a convicted felon, second degree murder, and especially aggravated robbery, arguing that the trial court erred by admitting into evidence a Cellebrite cellular telephone data extraction report and the prior testimony of a State witness and by permitting a State witness to testify remotely. Discerning no reversible error, we affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Elijah Bowman
The Defendant-Appellant, Elijah Bowman, was convicted by a jury of first-degree felony murder, two counts of attempted second degree murder, two counts of especially aggravated robbery, and aggravated assault. He received a total effective sentence of life imprisonment plus twelve years. The sole issue presented on appeal is whether the evidence is sufficient to support his convictions of first-degree felony murder, attempted second degree murder, and especially aggravated robbery. We affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Espiridion Evangelista Kolimlim, III
Defendant, Espiridion Evangelista Kolimlim, III, appeals the criminal court’s dismissal of his general sessions appeal from payment of a traffic citation after he filed a motion to withdraw payment of the citation. Following our review of the entire record, oral arguments, and the parties’ briefs, we dismiss the appeal. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Tanya Dawn Everett
Following a conviction for theft of property, the Defendant, Tanya Dawn Everett, was sentenced to a term of four years and placed on probation. Thereafter, the Blount County Circuit Court found that the Defendant violated the terms of her probation by failing to report and by committing new criminal offenses. As a consequence, the trial court revoked the suspended sentence and ordered the Defendant to serve the balance of her original sentence in custody. On appeal, the Defendant argues that the trial court abused its discretion by ordering her to serve the balance of her sentence in confinement. We respectfully affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Calvin Sanchez Amos
Calvin Sanchez Amos, Defendant, was indicted for possession of .5 grams or more of cocaine with the intent to sell in a drug-free zone, possession of a firearm with the intent to go armed during the commission of a dangerous felony, and evading arrest. Defendant pled guilty to evading arrest and proceeded to trial on the remaining charges. A jury found Defendant guilty of the lesser included offenses of possession of .5 grams or more of cocaine for resale and attempted possession of a firearm during the commission of a dangerous felony. At the sentencing hearing, Defendant agreed to an effective sentence of 12 years. On appeal, Defendant challenges the sufficiency of the evidence and the trial court’s ruling on the admissibility of a video from Defendant’s phone in which he is seen cooking crack cocaine. After a full review, we affirm the judgments of the trial court. |
Maury | Court of Criminal Appeals | |
Marlez Wilson A/K/A Marlez Wright v. State of Tennessee
Petitioner, Marlez Wilson a/k/a, Marlez Wright, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in concluding that he received the effective assistance of counsel. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Glenn Sewell
Petitioner, Glenn Sewell, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in denying his claim of ineffective assistance of counsel at trial. Following our review of the entire record and the briefs and oral arguments of the parties, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Karen Thomas v. State of Tennessee
The Petitioner, Karen Thomas, appeals the denial of her petition for post-conviction relief from her conviction of aggravated stalking, alleging that she received ineffective assistance of counsel because trial counsel did not object to the State presenting rebuttal testimony at trial or the trial court’s jury instruction regarding the rebuttal testimony. After review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. William Strickland
The Defendant-Appellant, William Lester Strickland, appeals from the revocation of his probationary sentence for aggravated burglary. The sole issue presented for review is whether the trial court erred in fully revoking the Defendant’s probation and ordering him to serve the remainder of his sentence in confinement. Upon review, we affirm. |
Blount | Court of Criminal Appeals | |
Richard Cleophus Smith v. State of Tennessee
The petitioner, Richard Cleophus Smith, appeals the denial of his petition for postconviction relief, which petition challenged his convictions of first degree murder, attempted first degree murder, employing a firearm during the commission of a dangerous felony, evading arrest, reckless endangerment, and leaving the scene of an accident involving injury, alleging that he was deprived of the effective assistance of counsel and due process. Because the petitioner’s post-conviction counsel also represented the petitioner on direct appeal, we remand to the post-conviction court to determine whether the petitioner knowingly and voluntarily agrees to waive post-conviction counsel’s conflict of interests. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. James Lee Simpson
Following a trial, a Davidson County jury convicted Defendant, James Lee Simpson, of voluntary manslaughter, aggravated assault resulting in death, and felon in possession of a firearm, for which he received a total effective sentence of fifteen years’ incarceration. On appeal, Defendant contends that: (1) the trial court erred by providing incomplete and erroneous jury instructions on the issue of self-defense; (2) the trial court erred by preventing Defendant from cross-examining a witness regarding alleged prior acts of violence by the victims in violation of both Tennessee Rule of Evidence 405 and Defendant’s right to confrontation; (3) the trial court erred in refusing to instruct the jury on the defense of necessity; (4) the trial court abused its discretion in sentencing Defendant; (5) the State failed to present sufficient evidence to support convictions for voluntary manslaughter and aggravated assault resulting in death; and (6) the trial court abused its discretion by allowing the State to cross-examine a witness regarding Defendant’s prior conviction for possessing a firearm after concluding that Defendant had “opened the door” to the cross-examination. Following a thorough review of the record and applicable law, we reverse Defendant’s convictions and remand for a new trial. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey L. Crowe
Defendant, Jeffrey L. Crowe, was indicted by the Davidson County Grand Jury for reckless aggravated assault with a deadly weapon, second offense DUI by impairment, second offense DUI per se, and resisting arrest. Following a bench trial, Defendant was convicted of the charged offenses and sentenced to an effective sentence of two years to be suspended on probation after serving 32 days incarcerated. In this appeal as of right, Defendant contends that the evidence was insufficient to support his convictions; that the trial court erred when it restricted Defendant’s cross-examination of the victim; and that the trial court committed plain error when it allowed hearsay testimony. Having reviewed the entire record and the briefs and arguments of the parties, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Ernest Seard
Following the denial of a motion to suppress, the defendant, Ernest Seard, pled guilty to one count of driving under the influence (“DUI”) and was sentenced to eleven months and twenty-nine days in jail with all but five days suspended to probation. As a condition of his plea, the defendant reserved the right to appeal a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(D), challenging the denial of his motion to suppress his “search, seizure and arrest.” Upon our review, we conclude the trial court erred in its application of Tennessee Rule of Criminal Procedure 37(b)(2)(D). Accordingly, we vacate the judgment of the trial court, reinstate count 2 of the indictment, and remand the case for further proceedings consistent with this opinion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Daniel Hickman
Defendant, Daniel Hickman, appeals his convictions for criminally negligent homicide and especially aggravated robbery, for which he received an effective 27-year sentence. On appeal, Defendant contends that (1) the evidence is insufficient to support his convictions; (2) the trial court erred in excluding evidence supporting the defense theory that a third party committed the offenses in violation of Defendant’s right to present a defense; (3) the trial court erred in admitting the entire audio recording of Defendant’s interview with police and photographs taken of Defendant during the interview; (4) the trial court erred in admitting testimony regarding a prior suspect’s willingness to take a polygraph examination; (5) the jury improperly considered a lesser included offense for especially aggravated robbery in violation of the trial court’s sequential jury instructions; and (6) the cumulative effect of the errors deprived Defendant of his right to a fair trial. Upon reviewing the record, the parties’ briefs, oral arguments and the applicable law, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Asata D. Lowe v. State of Tennessee
The Petitioner, Asata D. Lowe, appeals the Morgan County Circuit Court’s summary dismissal of his pro se petition seeking habeas corpus relief from his convictions for two counts of first degree premeditated murder and one count of especially aggravated robbery, for which he received an effective sentence of life imprisonment without the possibility of parole plus twenty-five years. On appeal, the Petitioner argues he is entitled to habeas corpus relief because he was deprived of his right to be present at his initial appearance, deprived of his right to counsel at his initial appearance, and deprived of his right to present a defense at his initial appearance. He additionally contends that the habeas corpus court denied his right of access to the courts when it summarily dismissed his habeas corpus petition before ruling on two of his pending motions. After review, we affirm the judgment summarily dismissing the petition for writ of habeas corpus. |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. Michael Lee Arthur Moreno
The Defendant, Michael Lee Arthur Moreno, was convicted by a Davidson County Criminal Court jury of attempted voluntary manslaughter, a Class D felony; reckless endangerment, a Class A misdemeanor; and employing a firearm during the commission of a dangerous felony, a Class C felony, and was sentenced by the trial court to an effective term of eight years in the Department of Correction. He raises the following three issues on appeal: (1) whether the evidence is sufficient to sustain his convictions; (2) whether the trial court abused its discretion under Tennessee Rule of Evidence 404 and Tennessee Code Annotated section 24-7-125 by restricting cross-examination of one of the victims about text messages the victim sent the night before the shooting expressing the victim’s desire to commit a robbery; and (3) whether the trial court erred under Tennessee Rule of Evidence 613 by allowing the State to introduce rebuttal evidence of a defense witness’s recorded statement to police. Based on our review, we conclude that the evidence is sufficient to sustain the convictions, that the trial court did not err in restricting cross-examination of the victim, and that the Defendant, who failed to raise a contemporaneous objection at trial, cannot show plain error in the introduction of the defense witness’s statement. Accordingly, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Tyler Keith Parrish
Tyler Keith Parrish, Defendant, was convicted by a jury of two counts of aggravated sexual battery. The trial court affirmed the jury verdict, merged the two convictions, and sentenced Defendant to a within-range sentence of 12 years as a Range I, standard offender. On appeal, Defendant challenges the sufficiency of the evidence and his sentence as excessive. After review, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Justin Michael Banning
The Defendant, Justin M. Banning, was originally sentenced to a term of four years and placed on probation. Thereafter, the Defendant committed a new criminal offense, engaged in unlawful substance use, and violated a no-contact order with the victim. As a consequence, the trial court revoked the suspended sentence and ordered that the Defendant serve the original four-year sentence in custody. On appeal, the Defendant contends the trial court abused its discretion by revoking his suspended sentence in its entirety. We affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals |
