State of Tennessee v. Johnny Dewayne Boyd
Defendant, Johnny DeWayne Boyd, was convicted by a jury of rape of a child and incest. The trial court imposed an effective thirty-year sentence in the Department of Correction. On appeal, Defendant contends (1) the trial court erred in denying his motion to dismiss based on the State’s failure to file a bill of particulars, and (2) that he was prejudiced by the trial court’s denial of his motion to continue the trial due to a court security officer testing positive for COVID-19 and the trial court’s failure to comply with the Tennessee Supreme Court’s Order on COVID-19 protocol. After a careful review of the record, we conclude that Defendant failed to file a timely motion for new trial before the trial court. Additionally, Defendant failed to file a timely notice of appeal. Because the record does not support this court’s waiver of the untimely notice of appeal, we dismiss Defendant’s appeal. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Lloyd Locke
The Defendant, Jeffrey Lloyd Locke, was convicted in the Warren County Circuit Court of felony evading arrest in a motor vehicle and received a three-year sentence to be served as one hundred days in jail followed by supervised probation. On appeal, the Defendant contends that the evidence is insufficient to support the conviction because the proof does not show that his attempted arrest was lawful and that he is entitled to a new trial due to prosecutorial misconduct during the State’s rebuttal closing argument. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Daryl Bobo
Defendant, Daryl Bobo, appeals the trial court’s summary dismissal of a motion filed pursuant to Rule 36 of the Tennessee Rules of Criminal Procedure in which Defendant challenged the legality of his effective 60-year sentence as a Range III, persistent offender resulting from multiple drug-related convictions. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Lloyd Locke - M2021-01437-CCA-R3-CD
|
Warren | Court of Criminal Appeals | |
State of Tennessee v. Christopher Leon Clark
The Defendant, Christopher Leon Clark, was convicted by a Knox County Criminal Court jury of first degree premeditated murder, for which he is serving a life sentence. See T.C.A. § 39-13-202(a)(1) (2018) (subsequently amended). On appeal, the Defendant contends that (1) the trial court erred in denying his motion for a hearing to determine whether the State complied with an alleged duty to present exculpatory evidence to the grand jury, (2) the court erred in denying the Defendant’s motion to suppress eyewitness identification testimony, and (3) cumulative error requires that he receive a new trial. We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Rickeena Hamilton
Defendant, Rickeena Hamilton, appeals her convictions for second degree murder and tampering with evidence and her effective twenty-eight-year sentence. On appeal, Defendant contends that (1) the evidence is insufficient to support her conviction for second degree murder; (2) the State improperly introduced speculative and improper opinion testimony from fact witnesses; (3) the trial court erred in admitting evidence that Defendant declined to make a statement following her arrest; (4) the trial court issued multiple erroneous jury instructions; (5) the State made improper comments during closing arguments; (6) the trial court imposed an excessive sentence; and (7) the cumulative effect of the errors warrants relief. We affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Zachary Frank Farris
A Carroll County jury convicted Zachary Frank Farris, Defendant, of six counts of unlawful possession of a firearm by a convicted felon. Following a sentencing hearing, the trial court imposed a total effective sentence of 12 years’ confinement. Defendant did not file a motion for new trial. In this direct appeal, Defendant challenges the sufficiency of the evidence, arguing that the State failed to prove that he was in constructive possession of the firearms. Additionally, Defendant asserts that the trial court erred by allowing a witness for the State to testify when the State failed to give defense counsel notice of the witness. Having reviewed the record and the parties’ briefs, we affirm the judgments of the trial court. |
Carroll | Court of Criminal Appeals | |
Gaines Richardson v. State of Tennessee
The Petitioner, Gaines Richardson, appeals the denial of post-conviction relief from his convictions for aggravated robbery, asserting that he received ineffective assistance of trial counsel and that the evidence was insufficient to establish his convictions. After review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Stephen V. Walker
The pro se petitioner, Stephen V. Walker, appeals the Hamilton County Criminal Court’s summary dismissal of his motion to correct an illegal sentence, filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Discerning no error, we affirm. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Charles Lafayette Stinson
The Defendant, Charles Lafayette Stinson, was convicted of two counts of possession with intent to sell 0.5 gram or more of methamphetamine, a Class B felony; two counts of simple possession of a Schedule IV drug, a Class A misdemeanor; and possession of drug paraphernalia, a Class A misdemeanor. See T.C.A. § 39-17-418 (2018) (simple possession); -425 (2018) (possession of drug paraphernalia); -434 (2018) (possession with intent to sell). He received an effective eighteen-year sentence. On appeal, the Defendant contends that the trial court erred by (1) allowing the State to introduce testimony regarding the Defendant’s prior criminal charges, (2) allowing the State’s rebuttal witness to testify regarding evidence beyond the scope of evidence presented in the State’s case-in-chief, and (3) failing to consider the required statistical information when sentencing the Defendant. We affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
Markreo Quintez Springer v. State of Tennessee
The petitioner, Markreo Quintez Springer, appeals from the Davidson County’s post-conviction court’s denial of relief from his convictions for first degree felony murder, second degree murder, and especially aggravated robbery. On appeal, the petitioner contends that the post-conviction court erred by denying relief on his claims alleging that he received the ineffective assistance of counsel. Following our review, we dismiss the petition as untimely. |
Davidson | Court of Criminal Appeals | |
Benjamin Owen v. State of Tennessee
The Defendant, Benjamin Owen, filed a petition for the return of seized property pursuant to Tennessee Code Annotated section 39-11-709. The Defendant, however, has no appeal as of right under Tennessee Rule of Appellate Procedure 3. Because we have no subject matter jurisdiction, we dismiss the Defendant’s appeal. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kevin D. Stoghill
The defendant, Kevin D. Stodghill, appeals the trial court’s imposition of a fully incarcerative sentence for his guilty-pleaded convictions of aggravated assault and aggravated burglary. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
State vs. Stephen V. Walker - E2021-01115-CCA-R3-CD
|
Hamilton | Court of Criminal Appeals | |
State v. Charles Lafayette Stinson W2021-01103-CCA-R3-CD
|
Madison | Court of Criminal Appeals | |
Charles Edward Meriweather v. State of Tennessee
Petitioner, Charles Edward Meriweather, appeals the denial of his petition for writ of habeas corpus. Petitioner argues that his judgments of conviction are void because the trial court was without jurisdiction to accept his 2011 guilty pleas. Following a thorough review, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Douglas Mac Richmond
The Defendant, Douglas Mac Richmond, pled guilty in the Sumner County Criminal Court to nine counts of sexual exploitation of a minor by electronic means, a Class B felony. Pursuant to the plea agreement, he received an effective sixteen-year sentence as a Range I, standard offender with the trial court to determine the manner of service of the sentence. After a sentencing hearing, the trial court ordered that he serve the sentence in confinement. On appeal, the Defendant claims that he was denied due process at sentencing because the trial court allowed unreliable hearsay testimony, “infused” the court’s religious beliefs into the court’s sentencing decision, failed to consider required statistical information from the Administrative Office of the Courts (“AOC”), and considered information outside the Defendant’s actual criminal conduct. The Defendant also claims that we should review the trial court’s sentencing decision de novo because the court did not follow the purposes and principles of sentencing and that we should grant his request for full probation or split confinement. Based on the oral arguments, the record, and the parties’ briefs, we conclude that the Defendant has not shown a violation of due process by the trial court but that a de novo review of the denial of alternative sentencing is warranted. Upon our de novo review, we conclude that the trial court properly ordered that the Defendant serve his effective sixteen-year sentence in confinement. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Jessica Hartle Lumpkins
The State of Tennessee appeals the trial court’s dismissal of two counts of animal cruelty on the basis that an emu met the statutory definition of livestock under Tennessee Code Annotated section 39-14-201, that the animal control officer was not a statutorily qualified livestock examiner and that the animal control officer’s consultation with a licensed veterinarian failed to satisfy the requirements of the livestock examination statute. See T.C.A. § 39-14-211. We conclude that the emu was not livestock under the plain language of the statute and thus no livestock examination was required to proceed with charges under the animal cruelty statute. See T.C.A. § 39-14-202(2). Accordingly, we reverse the trial court’s dismissal of counts one and two and remand for further proceedings. |
Davidson | Court of Criminal Appeals | |
Mark Brian Dobson v. State of Tennessee
Petitioner, Mark Brian Dobson, appeals the denial of his post-conviction petition. Specifically, Petitioner alleges that trial counsel was ineffective for: failing to investigate the facts of the case or interview witnesses; failing to “prepare cross examination of State’s proof;” failing to file pretrial motion to redact from jail phone calls statements made by Petitioner’s mother referring to a gun; failing to “preserve a defense pursuant to State v. White, 382 S.W.3d 559 (Tenn. 2012);” failing to discuss mandatory consecutive sentencing with Petitioner; advising Petitioner to plead guilty “to a single count during the trial” and by failing to inform Petitioner of the consequences of his plea; failing to preserve issues for appeal; and failing to advise Petitioner to testify at trial in support of his claim of self-defense. Petitioner also claims that he is entitled to post-conviction relief due to the cumulative effect of the errors of counsel. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Deangelo Monteze Moody v. State of Tennessee
The Petitioner, Deangelo Monteze Moody, appeals the denial of his petition for writ of error coram nobis and the summary dismissal of his amended petition for post-conviction relief. Based on our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Horatio Derelle Burford
A Bradley County jury convicted the Defendant, Horatio Derelle Burford, of aggravated assault. The trial court sentenced the Defendant as a Range III offender to serve twelve years in the Tennessee Department of Correction. On appeal, the Defendant contends that the trial court failed to: (1) properly limit the State’s evidence about prior injuries to the victim; and (2) preclude the State from introducing improper photographic evidence during opening argument. After review, we affirm the trial court’s judgment. |
Bradley | Court of Criminal Appeals | |
Leon Denton v. State of Tennessee
Petitioner, Leon Denton, appeals the post-conviction court’s denial of his petition for post-conviction relief. On appeal, Petitioner raises several claims of ineffective assistance of counsel. After a thorough review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Zaciaro Moore
A Shelby County jury convicted the Defendant, Zaciaro Moore, of especially aggravated robbery, aggravated assault, and theft of property valued at more than $1,000. The trial court sentenced the Defendant to a total effective sentence of eighteen years. On appeal, the Defendant contends that the evidence was insufficient to support his conviction for especially aggravated robbery based upon the State’s failure to prove the element of serious bodily injury. Following our review, we conclude that the evidence was sufficient to support the jury’s verdict, and we affirm the Defendant’s convictions. However, we must remand for a clerical error in the judgment form for theft of property in Count 3. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Charles Person-Gibson
Charles Person-Gibson, Defendant, was indicted in a five-count indictment for first degree murder, felony murder, especially aggravated robbery, attempted aggravated robbery, and possession of a firearm by a convicted felon. During trial, Defendant sought a mistrial on the basis that the State elicited improper testimony about Defendant’s criminal record. The trial court denied the motion. The jury found Defendant guilty of first degree murder, felony murder, attempted especially aggravated robbery, and possession of a firearm by a convicted felon. Defendant was found not guilty of attempted aggravated robbery. The trial court merged the felony murder conviction with the first degree murder conviction. Defendant was sentenced to an effective sentence of life in prison plus twenty years. After the denial of a motion for new trial, Defendant appeals. On appeal, Defendant challenges the sufficiency of the evidence and the trial court’s refusal to grant a mistrial. After review, we affirm the judgments of the trial court but remand the matter to the trial court for amendment of the judgment forms to reflect the sentence as announced by the trial court at the sentencing hearing. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ryan Benito Calderon Sotelo
Defendant, Ryan Benito Calderon Sotelo, was convicted after a jury trial of the sale of twenty-six grams or more of cocaine and subsequently sentenced to twelve years in confinement. On appeal, Defendant argues that the evidence was insufficient to support his conviction and that his sentence is excessive. After a thorough review of the record, we affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals |
