Richard A. Childress v. State of Tennessee
The Defendant, Richard A. Childress, appeals from the trial court's dismissal of his petition seeking habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's dismissal of the petition pursuant to Rule 20, Rules of the Court of Criminal Appeals. The State's motion is granted. The judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jermaine Nelson
Originally indicted for second degree murder, Defendant, Jermaine Nelson, was convicted of voluntary manslaughter, a Class C felony, following a jury trial. The trial court sentenced him to serve ten (10) years in the Department of Correction as a Range II offender. Defendant’s sole issue on appeal is that the trial court erred when it sentenced him as a Range II offender. We agree, and affirm the conviction, but reverse the sentence and remand for an amended judgment imposing a Range I sentence of six (6) years. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Mike Edwards
Following a jury trial, Defendant was convicted of aggravated robbery, a Class B felony. The trial court sentenced Defendant as a Range II, multiple offender to seventeen years in the Tennessee Department of Correction. Defendant does not challenge the length of his sentence. In this appeal, |
Henry | Court of Criminal Appeals | |
Maurice Garrett v. State of Tennessee
The Appellant, Maurice Garrett, appeals the Lauderdale County Circuit Court’s denial of his petition for post-conviction relief. On appeal, Garrett argues that he was denied his Sixth Amendment right to the effective assistance of counsel. After a review of the record, we affirm the denial of post-conviction relief. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Hezzie Bonds
This is a direct appeal as of right from a jury conviction of aggravated rape and criminal exposure of another to HIV. The trial court sentenced the Defendant to consecutive terms of twenty-five years and six years, for an effective sentence of thirty-one years. On appeal, the Defendant raises only one issue: there is insufficient evidence to find him guilty of the two offenses for which he was convicted. We affirm the judgments of the trial court. |
Gibson | Court of Criminal Appeals | |
Montea Wilson aka Marcus Floyd v. State of Tennessee
The petitioner, Montea Wilson, aka Marcus Floyd, was convicted by a jury of felony murder and attempted especially aggravated robbery in 2000. The jury sentenced the petitioner to life in prison without the possibility of parole for the felony murder conviction, and the trial court merged the |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Gloria A. Porter
Aggrieved of her convictions of possession of cocaine with intent to manufacture, sell, or deliver and of simple possession of marijuana, the defendant, Gloria A. Porter, appeals. Because we have determined that the evidence was insufficient to support the convictions, we reverse and remand the case to the trial court for dismissal of the charges. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. James Rowe Hudson
The defendant, James Rowe Hudson, was declared a Motor Vehicle Habitual Offender in Carroll County by default judgment. Several weeks later, he was charged in Henry County with driving while a Motor Vehicle Habitual Offender, a Class E felony. See Tenn. Code Ann. § 55-10-616(a). The defendant then filed a motion pursuant to Rule 60 of the Tennessee Rules of Civil Procedure in Carroll County to set aside the original order. The motion was denied. Ultimately, the defendant was convicted in Henry County and received a Range I, two-year sentence. In this appeal of right, the following issues have been presented for our review: (1) whether the trial court of Carroll County properly denied the motion to set aside the order declaring the defendant to be a Motor Vehicle Habitual Offender; (2) whether the evidence was sufficient to support the conviction in Henry County for violation of the Motor Vehicle Habitual Offenders Act; and (3) whether the trial court of Henry County imposed an excessive sentence. The judgment of the Carroll County Circuit Court denying the defendant's motion to set aside the order declaring him to be a Habitual Motor Vehicle Offender is reversed and the order is set aside. Because the conviction in Henry County is based upon the Carroll County order, the conviction must be reversed and the charge dismissed. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Brandon Raymond Bartee
On appeal, the defendant challenges the length and consecutive nature of his sentences on three counts of sexual battery. Upon review, we conclude that: (1) the enhanced sentences were justified based upon the defendant's prior criminal behavior; (2) the mitigating factors, even if applied, would not have lessened the enhanced sentence; and (3) the defendant's consecutive sentence was proper based upon the predatory nature of his conduct and the residual psychological effects incurred by the minor victim. Therefore, we affirm the sentences imposed by the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Edward M. Patterson
The defendant, Edward M. Patterson, pled nolo contendere to possession of drug paraphernalia and criminal trespass and received respective sentences of sixty and thirty days, both suspended. As a condition of his plea, the defendant reserved a certified question of law as to whether there was adequate reasonable suspicion to support a seizure of his person. Because we find the certified question is not dispositive of the charges, we dismiss the appeal. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Denny Finney
The Defendant, Denny Finney, pled guilty to misdemeanor simple possession of a schedule VI substance, and the State agreed to dismiss the other counts against him. The trial court sentenced the Defendant to eleven months and twenty-nine days suspended, except for six months to serve in jail. On appeal, the Defendant contends that the trial court erred when it sentenced him. After thoroughly reviewing the record and the applicable authorities, we affirm the Defendant's sentence. |
Franklin | Court of Criminal Appeals | |
Juan Alfonzo Hill v. State of Tennessee
The petitioner appeals from the denial of his petition for post-conviction relief. On appeal, he contends that: (1) he was denied the effective assistance of trial counsel, and (2) the post-conviction court and the district attorney general erred in failing to comply with the Post Conviction Procedure Act, which caused him prejudice. Following our review, we affirm the judgment of the post-conviction court denying post-conviction relief. |
Washington | Court of Criminal Appeals | |
Dickey L. Cotton v. David Mills, Warden - Dissenting
I agree that if the allegations and assertions contained in the petition are correct, the Defendant’s sentences appear to be in direct contravention to Tennessee’s sentencing act and are therefore illegal and void. However, because the Defendant’s habeas corpus petition was summarily dismissed without a hearing, I would remand the case to the habeas court for a determination of whether the sentences are indeed void. |
Lauderdale | Court of Criminal Appeals | |
Dickey L. Cotton v. David Mills, Warden
The petitioner, Dickey L. Cotton, appeals the circuit court’s summary dismissal of his Pro se petition for writ of habeas corpus. Following our review, we reverse the circuit court’s dismissal of the habeas corpus petition and remand for further proceedings consistent with this opinion. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Donnie Glenn Thompson
The Defendant, Donnie Glenn Thompson, was indicted for one count of stalking his former wife, Kimberly McClinsey. The Defendant subsequently submitted an application for pretrial diversion on this charge, see Tenn. Code Ann. § 40-15-105. The district attorney general denied the Defendant’s request for pretrial diversion. The Defendant sought review by the trial court, and the trial court found no abuse of discretion by the district attorney general. The Defendant now appeals from the trial court’s ruling. Finding that the district attorney general abused his discretion in analyzing the Defendant’s application for pretrial diversion, we reverse the judgment of the trial court and remand this matter to the district attorney general for further consideration. |
Madison | Court of Criminal Appeals | |
State of Tennessee v.Jeffery Scott Sherrill
The defendant, Jeffery Scott Sherrill, pleaded guilty to second degree murder. After conducting a sentencing hearing, the trial court sentenced the defendant to serve a 25-year sentence as a Range I violent offender. Aggrieved of his sentence, the defendant brings the instant appeal challenging his sentence as excessive. After a thorough review of the record and applicable law, we affirm the judgment of the lower court. |
Rhea | Court of Criminal Appeals | |
John R. Benson v. State of Tennessee
This matter is before the Court upon the State's motion to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petitioner has appealed the trial court's order summarily dismissing the petition for the writ of habeas corpus. In that petition, the petitioner alleges that the trial court erred by failing to appoint counsel and that the trial court erred by charging the jury with reckless endangerment as a lesser-included offense of aggravated assault. Upon a review of the record in this case we are persuaded that the trial court was correct in summarily dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Wayne | Court of Criminal Appeals | |
Xavier S. Todd v. State of Tennessee, County of Shelby and District Atty. General Paul Summers
The Petitioner, Xavier S. Todd, appeals the trial court's denial of his petition for habeas corpus relief. 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. After review, we conclude that the Petitioner is statutorily prohibited from seeking state habeas corpus relief as he is in federal custody and is being restrained under an order of a federal court. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
Aaron T. Burton v. Virginia Lewis, Warden
The petitioner, Aaron T. Burton, appeals from the trial court's order dismissing his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petitioner has failed to establish that he is entitled to habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed. |
Bledsoe | Court of Criminal Appeals | |
State of Tennessee v. Darnell Lavelle Welch
The defendant, Darnell Lavelle Welch, was indicted for premeditated first degree murder. A jury convicted the defendant as charged, and he was sentenced to life in prison. The defendant now appeals his conviction, alleging that the evidence was insufficient to support the conviction in two |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Jerry Dale Tigner, Jr.
The defendant, Jerry Dale Tigner, Jr., was indicted for second degree murder, a Class A felony, and was convicted by a jury as charged and sentenced as a Range I, violent offender to seventeen years in confinement. The defendant appeals his conviction and sentence, claiming that: (1) the evidence is insufficient to support the conviction; (2) the sequential jury instructions on second degree murder and voluntary manslaughter are unconstitutional; (3) the trial court erred in sentencing by failing to consider all mitigating factors; and (4) the State committed Brady violations with regard to a witness. Upon review, we find no reversible error and affirm the conviction and sentence. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Darrell Toomes
Following a jury trial, Defendant, Darrell Toomes, was convicted of delivery of less than 0.5 grams of cocaine. He was sentenced to seven years in the Department of Correction as a Range II, multiple offender. The trial court denied Defendant’s motion for new trial. On appeal, Defendant argues that |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Bobby Shane Hurley
Convicted by a jury of possession of cocaine with intent to manufacture, sell, or deliver, a Class B felony, and sentenced to a Department of Correction term of ten years as a Range I offender, the defendant, Bobby Shane Hurley, appeals, challenging the sufficiency of the evidence, the severity of his sentence, and the failure of the trial court to grant a sentencing alternative to incarceration. We affirm the judgment of the trial court |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Eric Rice
The defendant, Eric Rice, pled guilty to one count of statutory rape, a Class E felony, and applied for judicial diversion pursuant to Tennessee Code Annotated section 40-35-313. The trial court denied the application for judicial diversion and sentenced the defendant as a standard offender. On |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Christopher Lynn Hoosier
A Montgomery County Circuit Court jury convicted the defendant, Christopher Lynn Hoosier, of possession with the intent to sell one-half gram or more of cocaine, a Class B felony, simple possession of marijuana, a Class A misdemeanor, and possession of drug paraphernalia, a Class A misdemeanor, and the trial court sentenced him as a Range II, multiple offender to concurrent terms of twenty years for the cocaine conviction and eleven months and twenty-nine days for each of the misdemeanor convictions. The defendant appeals, claiming the trial court erred in sentencing him by finding enhancement factors that were not submitted to a jury or proven beyond a reasonable doubt and by failing to apply a factor in mitigation. We affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals |
