State of Tennessee v. Michael D. Street
In this interlocutory appeal, the State challenges the trial court's suppression of various statements allegedly made by the defendant, Michael D. Street. At the suppression hearing, the trial court excluded the statements based solely upon the fact that the State failed to comply with discovery Rule 16(a)(1)(A) of the Tennessee Rules of Criminal Procedure, requiring notice to the defendant. The trial court did not reach the constitutionality of the statements or otherwise recite its reasoning for admission of some statements and exclusion of others. In consequence, we remand this matter to the trial court for further consideration and additional findings. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. John A. Judkins, Jr.
The Appellant, John A. Judkins, Jr., appeals the sentencing decision of the DeKalb County Criminal Court following termination of his judicial diversion. Judkins was indicted for aggravated burglary and two counts of theft of property and was granted judicial diversion and placed on supervised probation for a period of three years. Simultaneously with the entry of an order of judicial diversion, a negotiated plea agreement was presented and approved by the court to the indicted offenses which provided that Judkins would receive two three-year sentences and one eleven month and twenty-nine day suspended sentence for the three crimes. The agreement further provided for concurrent sentences to be served on "straight probation." A probation violation warrant was subsequently issued alleging that Judkins had committed additional offenses. Following termination of judicial diversion, in the absence of a sentencing hearing, Judkins was sentenced to three years confinement in the Department of Correction. Judkins argues on appeal that the trial court erred by not imposing the effective three-year sentence of "straight probation" as provided in the plea agreement. After review, we conclude that the Sentencing Act does not contemplate the coexistent grant of judicial diversion and service of a sentence imposed pursuant to a negotiated plea agreement as the two are inconsistent in purpose. Accordingly, the trial court's consideration of the terms of the plea agreement in the sentencing decision was error. The case is, therefore, remanded to the trial court for a sentencing hearing. |
DeKalb | Court of Criminal Appeals | |
Kelvin A. Lee v. State of Tennessee
The petitioner, Kelvin A. Lee, appeals pro se from the order of the Davidson County Criminal Court denying his petition for habeas corpus relief without a hearing. Specifically, he alleges that he was improperly transferred from juvenile to criminal court and that the trial court failed to comply with the terms of his plea agreement. Upon review, we conclude that the petitioner has not presented any claims that justify habeas corpus relief. Therefore, we affirm the dismissal of his petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Harry G. Sturgill
This court granted Defendant’s petition to rehear to consider the impact of the United States Supreme Court's decision in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004) on Defendant’s sentence. Since that time, the Tennessee Supreme Court has considered the impact of Blakely on Tennessee’s sentencing scheme and concluded that the Criminal Sentencing Reform Act of 1989and its procedures do not violate a defendant’s Sixth Amendment right to a trial by a jury as described in Blakely. See State v. Edwin Gomez, ____ S.W.3d _____, No. M2002-01209-SC-R11-CD, 2005 WL 856848, at *22 (Tenn. Apr. 15. 2005). In light of the Supreme Court’s recent decision in Gomez, this court determines that Defendant’s argument that his sentence is improper under Blakely has no merit. This court’s previous opinion is affirmed in all respects. Costs are assessed against the State. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Christopher T. Starnes
The defendant, Christopher T. Starnes, pled guilty to one count of sexual battery and two counts of attempted aggravated robbery. He was sentenced to an aggregate sentence of ten years with one year to be served in confinement and the balance to be served on intensive probation. Thereafter, the trial court revoked the defendant's probation and ordered him to serve the remainder of his sentence in confinement. On appeal, the defendant challenges the trial court's revocation of his probation. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Mitchell D. Strong
Appellant, Mitchell D. Strong, appeals the sentencing decision of the Humphreys County Circuit Court following the revocation of his community corrections sentence. We affirm the judgment of the trial court. |
Humphreys | Court of Criminal Appeals | |
State of Tennessee v. Peter Alexander Graves
This is a direct appeal as of right from a conviction on a jury verdict of possession of .5 grams or more of cocaine with intent to sell or deliver, and possession of not less than one-half ounce nor more than ten pounds of marijuana with intent to sell or deliver. The trial court sentenced the Defendant as a Range II, multiple offender to fifteen years for the cocaine conviction and three years for the marijuana conviction, to be served concurrently in the Tennessee Department of Correction (TDOC). The Defendant argues two issues on appeal: 1) the evidence was insufficient to find him guilty on both charges, and 2) the trial court erred in imposing an excessive sentence. We affirm the judgments of the trial court. |
Weakley | Court of Criminal Appeals | |
Andre D. Banks v. State of Tennessee
The petitioner challenges the denial of post-conviction relief, specifically contending that trial counsel was ineffective in guaranteeing that he would be sentenced to a boot camp program when he was statutorily ineligible for it. Upon review, we agree with the post-conviction court that counsel did not guarantee boot camp but stated that it was a possibility, based upon the judge’s recommendation that the petitioner be admitted to the program. Moreover, the petitioner’s responses during the plea colloquy indicated that the petitioner understood the charges he pled to and the nature and consequences of his pleas. Therefore, we affirm the denial of post-conviction relief. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Linda Nell Culver
This is a direct appeal from convictions on a jury verdict of sale of a Schedule II controlled substance, a Class C felony, and sale of a Schedule III controlled substance, a Class D felony. See Tenn. Code Ann. § 39-17-417(c)(2) and (d)(1). The trial court determined the Defendant to be a |
Henry | Court of Criminal Appeals | |
State of Tennessee v. John Paul Arnett
The defendant was indicted by the Carter County Grand Jury for two (2) counts of third offense DUI and one (1) count driving on a revoked license. The defendant filed a motion to suppress which was denied by the trial court. The defendant later agreed to a guilty plea subject to a certified question of law. The certified question, which is presented on appeal to this Court, is: whether the trial court erred by failing to hold that the defendant was unlawfully arrested without a warrant, for a misdemeanor (driving under the influence 2nd offense, and driving on a revoked license first offense), not committed in the presence of an officer, and not subject to an exception allowing warrantless arrests under Tennessee Code Annotated section 40-7-103, thereby rendering any evidence gained from such unlawful arrest inadmissible, which would result in the dismissal of the indictment. We conclude that the certified question is not dispositive of the case, and we do not have jurisdiction. Therefore, we dismiss the appeal for lack of jurisdiction. |
Carter | Court of Criminal Appeals | |
State of Tennessee v. Stephen Anthony Scott
The appellant, Stephen Anthony Scott, has filed a petition for rehearing, pursuant to Rule 39 of the Tennessee Rules of Appellate Procedure to have this Court reconsider its opinion previously filed in this case on June 7, 2005. Specifically, the appellant urges this Court to revisit its ruling that |
Montgomery | Court of Criminal Appeals | |
Andre Lamont Mayfield v. State of Tennessee
The petitioner appeals the denial of his habeas corpus petition, contending that: (1) the trial court did not have jurisdiction to allow him to withdraw his guilty pleas; and (2) the judgments and sentences violated his right to due process. Upon review, we conclude that the petitioner's classification as a multiple rapist is an operation of law and does not require any notice to the petitioner or any further proceedings post-trial. As such, the convictions and sentences are not void, and we affirm the denial of habeas relief. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Julio Cesar Hernandez Salinas
The defendant, Julio Cesar Hernandez Salinas, was convicted of conspiracy to deliver more than 70 but less than 300 pounds of a Schedule VI controlled substance, marijuana, and sentenced as a Range I, standard offender to eleven years in the Department of Correction. On appeal, he argues the trial court erred by: (1) denying his motion to suppress on the basis that he lacked standing; (2) not allowing defense counsel, during voir dire, to ask prospective jurors about their involvement in religious and social organizations; (3) permitting the State to question a trial witness as to the defendant's prior bad acts; and (4) imposing a sentence of eleven years. Finding no reversible error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Christopher Lance Shockley
The defendant, Christopher Lance Shockley, pled guilty in the Davidson County Criminal Court to four counts of aggravated sexual battery, a Class B felony. The trial court sentenced him as a Range I offender to eight years at 100% on each count and ordered that two of the sentences be served consecutively, for an effective sentence of sixteen years in the Department of Correction. The sole issue the defendant raises on appeal is whether the trial court erred by ordering consecutive sentences. Following our review, we conclude that the record supports the imposition of consecutive sentencing. Accordingly, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Avis N. Neal v. State of Tennessee
The petitioner, Avis N. Neal, appeals as of right from the Shelby County Criminal Court’s dismissal of his petition for post-conviction relief. He seeks relief from his jury conviction for rape of a child and resulting sentence of twenty years in confinement. In this appeal, the petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Chester Floyd Cole
The petitioner challenges the dismissal of his petition for post-conviction relief, contending that trial counsel was ineffective in: (1) failing to call requested witnesses; and (2) failing to adequately communicate with him. Upon review, we conclude that the evidence presented does not preponderate against the post-conviction court’s findings; therefore, we affirm. |
Madison | Court of Criminal Appeals | |
Dustin Dwayne Davis v. State of Tennessee
The petitioner, Dustin Dwayne Davis, was convicted by a jury in 1998 of especially aggravated kidnapping, aggravated robbery, misdemeanor theft and two (2) counts of aggravated rape. As a result, the petitioner was sentenced to a total effective sentence of 100 years in the Tennessee Department of Correction. On direct appeal, this Court affirmed the petitioner's convictions and sentence. See State v. Dustin Dwayne Davis, No. 03C01-9712-CR-00543, 1999 WL 135054 (Tenn. Crim. App., at Knoxville, Mar. 15, 1999), perm. app. denied (Tenn. Oct. 11, 1999). The petitioner subsequently sought post-conviction relief in which he alleged, inter alia, that he received ineffective assistance of counsel at trial. After a hearing, the petition for post-conviction relief was denied. On appeal, the petitioner challenges the post-conviction court's dismissal of the petition for post-conviction relief. Because we determine that the petitioner was afforded the effective assistance of counsel, we affirm the post-conviction court's dismissal of the petition for post-conviction relief. |
Knox | Court of Criminal Appeals | |
Roland Bennett v. State of Tennessee
The petitioner, Roland Bennett, is currently serving a life sentence imposed in 1984. In 2001, the petitioner's counsel filed a petition for writ of error coram nobis on the basis of newly discovered evidence. After holding an evidentiary hearing on the matter, the coram nobis court dismissed the petition, and the petitioner now brings this appeal challenging that action. Upon review, we affirm the judgment of the lower court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Raschad Donnell Simpson
The appellant, Raschad Donnell Simpson, pled guilty to possession of cocaine for resale. As a result of the plea agreement, the appellant was sentenced to serve eight (8) years in incarceration. During his incarceration, the appellant was accepted to and participated in a bootcamp program and on August 29, 2001 was released to probation. Subsequently, a probation violation warrant was issued against the appellant alleging a violation of probation based on a new arrest and conviction. At a probation revocation hearing, the appellant pled guilty to the violation. As a result, the trial court revoked the appellant's probation and ordered him to serve the eight (8) year sentence in confinement. Because the trial court did not abuse its discretion in revoking the appellant's probation, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. George Hampton
Following a jury trial, Defendant was found guilty in case No. 03-01711 of three counts of aggravated robbery, Class B felony, involving victims Henry Skelton,MarkMears, and John Norris, and one count of aggravated assault, a Class C felony, involving victim Myron Raymond. The trial court sentenced Defendant as a Range III, persistent offender, to thirty years for each aggravated robbery conviction and fifteen years for the aggravated assault conviction. Defendant was found guilty in case No. 03-01718 of one count of especially aggravated robbery, a Class A felony, of Dr. Charles White, and the trial court sentenced Defendant to sixty years as a Range III, persistent offender, for this offense. The trial court ordered Defendant’s sentences in case No. 03-01711 to be served consecutively to each other and consecutively to his sentence in case No. 03-01718, for an effective sentence of one hundred and sixty-five years. On appeal, Defendant does not challenge the sufficiency of the convicting evidence. Defendant argues, however, that the trial court’s application of enhancement factors in determining the length of his sentences violated his Sixth Amendment right to trial by jury. Defendant also argues that the trial court erred in imposing consecutive sentencing. After a thorough review of the record, we affirm the judgments of the trial court, and the imposition of consecutive sentencing. |
Shelby | Court of Criminal Appeals | |
Miqwon Deon Leach v. State of Tennessee
Petitioner, Miqwon Deon Leach, appeals the dismissal of his petition for post-conviction relief arguing that he was denied his constitutional right to testify and that his rights under the Interstate Compact on Detainers were violated. Petitioner also contends that his trial counsel rendered ineffective assistance (1) by failing to follow the procedures set forth in State v. Momon; (2) by failing to object to the State’s failure to comply with the provisions of the Interstate Compact on Detainers, and (3) by failing to file a motion for a speedy trial. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Edward Johnson
Following a jury trial, Defendant, Edward Johnson, was convicted of Class E felony theft, and was sentenced to serve six years imprisonment as a Range III career offender. In this appeal, Defendant contends that the trial court committed reversible error by requiring him to go to trial in this case |
Shelby | Court of Criminal Appeals | |
Michael L. Smith v. State of Tennessee
The petitioner, Michael L. Smith, appeals from the trial court's order denying 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 a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed. |
Johnson | Court of Criminal Appeals | |
James R. Blevins v. State of Tennessee
The pro se petitioner, James R. Blevins, appeals from the dismissal of his motion to reopen his post-conviction petition. The states moves the court to affirm the judgment of the trial court pursuant to Rule 20 of this court’s rules. The motion was properly dismissed for lack of merit. Accordingly, the |
Washington | Court of Criminal Appeals | |
Elton Bowers v. State of Tennessee
The Petitioner, Elton Bowers, 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 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. |
Hardeman | Court of Criminal Appeals |
