State of Tennessee v. Darious Fitzpatrick
The Defendant, Darious Fitzpatrick, appeals as of right from his convictions for first degree felony murder, second degree murder, and especially aggravated robbery, for which the trial court imposed an effective sentence of life plus twenty years. The Defendant’s sole issue on appeal is whether his sentence is unconstitutional in light of his status as a juvenile at the time of the offenses. After a thorough review of the record and applicable law, we affirm. |
Maury | Court of Criminal Appeals | |
Frederick Tucker v. State of Tennessee
The Petitioner, Fredrick L. Tucker, appeals the Davidson County Criminal Court’s summary dismissal of his petition for a writ of error coram nobis from his rape of a child conviction, for which he received a twenty-one-year sentence. We affirm the judgment of the coram nobis court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. James Howard Harmon, Jr.
The defendant, James Howard Harmon, Jr., appeals his Blount County Circuit Court jury convictions of second degree murder, especially aggravated kidnapping, theft of property valued at $500 or less, arson, and abuse of a corpse, arguing that the trial court erred by admitting into evidence his statement of April 10, 2012, and by admitting evidence in violation of Tennessee Rule of Evidence 404(b). Discerning no reversible error, we affirm. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Jody Alan Hughes
The Appellant, Jody Alan Hughes, was convicted in the Bradley County Criminal Court of first degree premeditated murder; kidnapping, a Class C felony; tampering with evidence, a Class C felony; and conspiracy to commit tampering with evidence, a Class D felony. After a sentencing hearing, he received an effective sentence of life plus fourteen years. On appeal, the Appellant contends that (1) the evidence is insufficient to support the convictions; (2) the trial court erred by denying his “numerous” requests to represent himself; (3) the trial court erred by not allowing defense counsel to comment about the codefendants’ exposure to prison sentences during counsel’s opening statement; (4) the trial court erred in its wording of a curative instruction to the jury; (5) the trial court erred by limiting a codefendant’s cross-examination about a false statement the codefendant made in a previous criminal case; (6) the trial court erred by limiting a detective’s testimony regarding the codefendants’ inconsistent statements; and (7) the trial court erred by not allowing testimony about a codefendant’s pretrial statement to impeach the codefendant. Based upon the oral arguments, the record, and the parties’ briefs, we find no reversible error and affirm the judgments of the trial court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Demetrious Tommy Lee
In 2018, a Davidson County Grand Jury indicted the Defendant, Demetrious Tommy Lee, for attempted first degree murder, aggravated kidnapping, reckless endangerment, evading arrest while operating a motor vehicle, and domestic assault. In 2019, a superseding indictment was returned, elevating the Defendant’s kidnapping charge to especially aggravated kidnapping and adding a charge for employment of a firearm during the commission of or attempt to commit a dangerous felony but keeping all other charges the same. One week prior to trial, the Defendant filed a motion for a continuance, which the trial court denied following a hearing. At trial, the jury found the Defendant guilty of the lesser included offense of attempted second degree murder as well as the charged offenses of especially aggravated kidnapping and employment of a firearm but found the Defendant not guilty of evading arrest. The charges of reckless endangerment and domestic assault were dismissed. Thereafter, the trial court imposed an effective eighteen-year sentence to be served at 100% for these convictions. On appeal, the Defendant argues: (1) the trial court erred in denying his motion to continue his trial after the State superseded the indictment and presented him with additional discovery shortly before trial; (2) the trial court erred in denying his motion to exclude evidence that violated State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999); (3) the trial court committed plain error in not requiring the State to make an election of offenses with regard to the especially aggravated kidnapping count; and (4) the evidence is insufficient to sustain his convictions for attempted second degree murder and especially aggravated kidnapping. We affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Keontis Dontrell Cunningham
A Bedford County jury convicted the defendant, Keontis Dontrell Cunningham, of two counts of aggravated assault, and the trial court imposed an effective sentence of five years’ incarceration. On appeal, the defendant challenges the sufficiency of the evidence supporting his convictions and argues the trial court erred in instructing the jury on selfdefense. Following our review of the briefs, the record, and the applicable law, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Darnell Treshawn Wiggins
A Maury County jury convicted the defendant, Darnell Treshawn Wiggins1, of second degree murder, first degree felony murder, and kidnapping, for which he received an effective sentence of life imprisonment without the possibility of parole. On appeal, the defendant argues the evidence presented at trial was insufficient to support his convictions, the jury improperly weighed the aggravating and mitigating circumstances, and the State committed prosecutorial misconduct during its opening statement. The defendant also argues the trial court erred in admitting Officer Dalton’s testimony during the penalty phase, in denying his motion for mistrial, and in denying his motion to dismiss for lack of a speedy trial. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. |
Maury | Court of Criminal Appeals | |
Ed Henry Loyde v. State of Tennessee
A Shelby County jury convicted the Petitioner, Ed Henry Loyde, of rape of a child and aggravated sexual battery. The trial court sentenced him to an effective sentence of thirty-five years. This Court affirmed the judgments on appeal. State v. Ed Loyde, No. W2014-01055-CCA-R3-CD, 2015 WL 1598121 (Tenn. Crim. App., at Jackson, Apr. 6, 2015), perm. app. denied (Tenn. July 21, 2015). After unsuccessfully filing a petition for post-conviction relief, Ed Loyde v. State No. W2018-01740-CCA-R3-PC, 2020 WL 918602 (Tenn. Crim. App., at Jackson, Feb. 25, 2020), perm. app. denied (Tenn. July 22, 2020), the Petitioner filed for a writ of habeas corpus, which the habeas corpus court summarily dismissed. After a thorough review of the record and relevant authorities, we affirm the habeas corpus court’s judgment. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Will Vaughn
In a consolidated trial of Case No. 18-04092 and Case No. 18-04093, a Shelby County jury convicted Will Vaughn (“Defendant”) of fifteen counts of Class C felony facilitation of attempted second degree murder, fifteen counts of Class C felony employing a firearm during the commission of a dangerous felony, and two counts of Class A misdemeanor facilitation of reckless endangerment with a deadly weapon. The trial court sentenced Defendant to six years for each of the thirty felony counts and to eleven months and |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. James McClain
The defendant, James McClain, appeals his Madison County Circuit Court jury convictions of aggravated assault and witness coercion, claiming that the trial court erred by permitting him to represent himself at trial, by permitting the State to proceed on an amended indictment, and by imposing consecutive sentences. Because the record establishes that the defendant knowingly, voluntarily, and intelligently waived his right to counsel, that the indictment was not amended, and that the trial court did not abuse its discretion by imposing consecutive sentences, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. David Yost, Jr.
The pro se petitioner, David Yost, Jr., appeals the Knox 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. |
Knox | Court of Criminal Appeals | |
James Black v. State of Tennessee
The Petitioner, James Black, was convicted of two counts each of first-degree premeditated murder and first-degree felony murder and was sentenced to a concurrent life sentence by the trial court. On appeal, the Petitioner argues that he received ineffective assistance of counsel stemming from trial counsel’s legal use of prescribed opioids during his trial, specifically asserting that 1) the prescribed opioids caused him to perform deficiently at trial; 2) that trial counsel’s offering of the Petitioner’s criminal history tainted the jury; and 3) that trial counsel’s use of prescribed opioids combined with his severe back pain created a conflict of interest. After review, we affirm the post-conviction court’s judgment. |
Greene | Court of Criminal Appeals | |
Zachary Gale Rattler v. State of Tennessee
The Petitioner, Zachary Gale Rattler, appeals the denial of his petition for post-conviction relief, arguing that he was deprived of a fair and impartial jury and received ineffective assistance of counsel. We affirm the judgment of the post-conviction court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Kavasia S. Bonds and Charles Allen Jones
Defendants, Kavasia S. Bonds and Charles Allen Jones, along with a co-defendant Brian Davis, were indicted by the Davidson County Grand Jury for aggravated assault while acting in concert with two or more other persons. Following a jury trial, Defendants Bonds and Jones were convicted as charged, and the jury was unable to reach a unanimous verdict as to Defendant Davis. For their convictions, Defendant Bonds was sentenced to 16 years’ incarceration, and Defendant Jones was sentenced to 14 years. In this appeal as of right, Defendants Bonds and Jones both challenge the sufficiency of the convicting evidence. Defendant Bonds also asserts that the trial court erred by admitting into evidence a photograph of the victim’s eye and that the prosecutor improperly commented on Defendant Bonds’ silence at trial during closing arguments. Having reviewed the entire record and the briefs of the parties, we find no error and affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Devin L. Legon
The Defendant, Devin L. Legon, pleaded guilty to conspiracy to commit theft of property valued over $60,000, aggravated burglary, and theft of property valued over $60,000. He agreed to pay $60,000 in restitution and to serve an effective ten-year sentence on probation. A revocation warrant was issued, and following a hearing, the trial court revoked the Defendant’s probation and ordered him to serve his sentence in confinement. On appeal, the Defendant contends that the trial court abused its discretion by ordering him to serve his sentence in confinement. Following our review, we affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. Gabriel Storm Davis
Defendant, Gabriel Storm Davis, was convicted by a jury of one count of aggravated child abuse and one count of aggravated child neglect. The trial court imposed an effective twenty-two-year sentence, as a Range I standard offender, to be served at 100 percent, by operation of law, in the Department of Correction. On appeal, Defendant argues: that the evidence was insufficient to support his convictions; that the State’s election of offenses was insufficient to ensure a unanimous verdict; and that the trial court erred by admitting the victim’s forensic interview into evidence. Following our review of the entire record and the briefs of the parties, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
Karla Chase v. Ober Gatlinburg, Inc.
This action arises from a snowboarding accident at Defendant Ober Gatlinburg’s ski resort. Plaintiff Karla Chase, attempting to avoid a collision with another skier, crashed face-first into a 4x4 post supporting a warning fence marking the edge of the slope’s navigable terrain. She alleged that Defendant negligently created an unreasonably dangerous condition by not using rounded and/or padded fence posts. The jury returned a verdict finding Defendant not at fault. After returning the verdict form, one of the jurors requested and was allowed to read a statement saying, “we find the defendant not guilty. We, the jury, are in one accord that Ober and the ski industry should look into using materials for posts with rounded corners or more padding.” Plaintiff filed a motion for new trial, but died before the hearing and the trial court’s ruling denying the motion. Plaintiff’s counsel filed a notice of appeal in the deceased Plaintiff’s name. We hold that Plaintiff’s personal representative may be substituted for her on appeal pursuant to Tenn. R. App. P. 19(a) even though no motion for substitution was made, because Defendant did not request the trial court to dismiss the action pursuant to Tenn. R. Civ. P. 25.01. We affirm the trial court’s judgment approving the jury verdict in favor of Defendant. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Frank Layman Glavin
Petitioner, Frank Layman Glavin, appeals the denial of his petition to expunge his evading arrest conviction claiming that the trial court misapplied the expunction statute. See T.C.A.§ 40-32-101(k)(Supp. 2020). We conclude that Petitioner does not meet the plain language requirements of section 40-32-101(k) of the Tennessee Code, and accordingly affirm the trial court’s order. |
Bedford | Court of Criminal Appeals | |
Lemaricus Davidson v. State of Tennessee
The Petitioner, Lemaricus Davidson, was convicted in the Knox County Criminal Court of numerous offenses against the two victims, Christopher Newsom and Channon Christian, including multiple counts of first degree felony and premeditated murder, and the jury imposed sentences of death for each murder conviction. After this court and our supreme court affirmed the Petitioner’s convictions and sentences, he filed post-conviction and coram nobis petitions, seeking relief from those first degree murder convictions and death sentences. The post-conviction court found that trial counsel were deficient for not requesting a change of venue but that no prejudice resulted from trial counsel’s deficient performance and denied relief. The coram nobis court also denied relief. In this consolidated appeal, the Petitioner raises various issues, including that the post-conviction court erred by denying his request for expert services; that the post-conviction court erred by determining that a codefendant’s anticipated testimony at another codefendant’s upcoming trial was not relevant to the Petitioner’s claim for post-conviction relief; that trial counsel were ineffective because they failed to request an out-of-county jury, improperly handled voir dire, and failed to raise certain issues on direct appeal of his convictions; and that he is entitled to coram nobis relief because a codefendant’s new testimony may have led to a different verdict as to the first degree premeditated murders of the victims. Based upon our review of the oral arguments, the record, and the parties’ briefs, we conclude that the post-conviction court erroneously determined that a codefendant’s anticipated testimony at another codefendant’s upcoming trial was not relevant to the Petitioner’s claim for post-conviction relief because the testimony would have invalidated one of the four aggravating circumstances found by the jury to impose the Petitioner’s death sentence for Mr. Newsom. However, we also conclude that the error was harmless beyond a reasonable doubt. We agree with the post-conviction court that trial counsel were deficient for not requesting a change of venue and that the Petitioner has failed to demonstrate he was prejudiced by trial counsel’s deficient performance. Therefore, we affirm the denials of post-conviction and coram nobis relief. |
Knox | Court of Criminal Appeals | |
Jarus Smith v. State of Tennessee
The Petitioner, Jarus Smith, appeals as of right from the Hickman County Circuit Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions for facilitation of attempted second degree murder, possession of contraband in a penal institution, and two counts of aggravated assault. On appeal, the Petitioner asserts that (1) he did not knowingly and intelligently waive his constitutional right to a twelve-person jury, and (2) he received the ineffective assistance of trial counsel relative to counsel’s advice about proceeding with an eleven-person jury. Following our review, we affirm the judgment of the post-conviction court. |
Hickman | Court of Criminal Appeals | |
Darryl Robinson v. State of Tennessee
The Petitioner, Darryl Robinson, appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions for aggravated robbery and possession of a handgun by a convicted felon. See Tenn. Code Ann. §§ 39-13-402, -17-1307(c)(1). On appeal, the Petitioner submits that he received the ineffective assistance of counsel due to (1) trial counsel’s failure to object to and preserve for appeal references by a witness identifying the Petitioner at trial by his prejudicial nickname “Trigger Man”; and (2) trial counsel’s failure to object during closing argument to the State’s use of a “pink elephant” analogy, as well as the failure to preserve the issue in the motion for new trial. In addition, the Petitioner raises a stand-alone allegation of prosecutorial misconduct based upon the State’s closing argument. Having reviewed the entire record and the briefs of the parties, we are constrained to agree with the Petitioner that the post-conviction court failed to make sufficient findings of fact and conclusions of law to enable appellate review of all his claims. Accordingly, we reverse the judgment of the post-conviction court and remand this case for proceedings consistent with this opinion |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Elvin Portillo
Defendant, Elvin Portillo, entered into an agreement whereby he pled guilty to vehicular homicide by intoxication, leaving the scene of an accident with death and reckless endangerment. Four remaining counts were dismissed. In accordance with the plea agreement, the trial court held a sentencing hearing to determine the length and service manner of Defendant’s sentences. After a sentencing hearing, Defendant received an effective sentence of 16 years. In this appeal, Defendant asserts that the trial court erred in ordering consecutive sentencing. Having reviewed the entire record and the briefs of the parties, we find no abuse of discretion and affirm the judgments of the trial court. However, because the record does not contain judgment forms for the remaining counts, if these judgments do not exist, we remand to the trial court for entry of judgment forms to reflect dismissal of those counts. |
Davidson | Court of Criminal Appeals | |
Donald Jones v. State of Tennessee
The Petitioner, Donald Jones, was found guilty by a jury of first degree felony murder and especially aggravated burglary, and he received an effective sentence of life imprisonment plus thirty years. After this court affirmed the Petitioner’s convictions on direct appeal, he filed a petition for post-conviction relief contending that he received ineffective assistance of counsel when his counsel failed to locate and interview an alibi witness and failed to request an instruction on accomplice testimony. Following a hearing, the post-conviction court denied the petition. After review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. William Darnell Richardson
The defendant, William Darnell Richardson, appeals his Lawrence County Circuit Court jury convictions of possession of 0.5 grams or more of a Schedule II controlled substance with intent to sell, simple possession of a Schedule IV controlled substance, possession of drug paraphernalia, and driving on a revoked or suspended license, arguing that he is entitled to plain error relief for inappropriate and prejudicial statements made by the prosecutor during closing arguments, that the trial court erred by admitting evidence contravening the rules of hearsay, and that the evidence was insufficient to support his conviction of possession of 0.5 grams or more of methamphetamine with intent to sell. Because the trial court erred by admitting certain hearsay evidence, we reverse the defendant’s conviction for simple possession of Alprazolam and remand for a new trial on that charge. Because the evidence was insufficient to sustain the defendant’s conviction of driving on a revoked or suspended license, we vacate that conviction and dismiss that charge. We affirm the defendant’s conviction of possession of methamphetamine with intent to sell and find no plain error in the prosecutor’s closing argument. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. James Durand Favors, III
The Defendant-Appellant, James Durand Favors, was charged by information with four counts of aggravated domestic assault. He entered open guilty to pleas to all four counts. Following a sentencing hearing, the trial court sentenced the Defendant as a Range I, standard offender to a total effect sentence of fifteen years’ incarceration to run consecutively to his sentence in two prior cases. The sole issue raised on appeal is whether the trial court abused its discretion in denying the Defendant alternative sentencing. Upon review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals |
