Cornelius Richmond v. State of Tennessee
The petitioner, Cornelius Richmond, appeals the Shelby County Criminal Court’s dismissal of his petition for post-conviction relief from his convictions for seven counts of aggravated robbery. He claims that Tennessee’s Post-Conviction Procedure Act as applied to his case violates the due process clause and that the trial court erred in sentencing. We affirm the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Anthony Allen
The defendant, Anthony Allen, was convicted by a Shelby County jury and received an effective sentence of 124 years for numerous aggravated rape and aggravated robbery charges consolidated into a single trial. In this appeal, he argues: (1) the trial court erred in consolidating the indictments; (2) the trial court erred by ordering consecutive sentences; (3) the trial court erred in denying his motion to suppress a post-arrest statement; (4) the evidence is insufficient to support three of his convictions; and (5) the State failed to elect the offense for which conviction was sought in two case numbers. Following a thorough review of the record and applicable law, we reverse one of the defendant’s aggravated rape convictions and remand it for a new trial, affirm the remaining judgments of conviction, and remand the case for a new sentencing hearing to determine whether consecutive sentencing is appropriate. |
Shelby | Court of Criminal Appeals | |
Kenneth Ray Haynes v. State of Tennessee
The petitioner, Kenneth Ray Haynes, appeals the denial of his petition for post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel. The judgment is affirmed. |
Carroll | Court of Criminal Appeals | |
Roy Allen Burch v. State of Tennessee
The Appellant, Roy Allen Burch, appeals the Hawkins County Criminal Court's summary dismissal of his petition for post-conviction relief. In his petition, Burch seeks relief from his 1989 life sentence for aggravated rape. He contends that the sentence violates the recent Supreme Court decision in Blakely v. Washington, 524 U.S. __, 124 S. Ct. 2531 (2004), because the trial court applied enhancement factors not found by the jury in increasing his sentence. On appeal, Burch argues that the Blakely holding announces a new rule of law and is, thus, entitled to retroactive application in a post-conviction proceeding. After review, we conclude that the issue has been rendered moot by the recent Tennessee Supreme Court opinion, State v. Edwin Gomez and Jonathan S. Londono, No. M2002-01209-SC-R11-CD (Tenn. Apr. 15, 2004), reh'g denied, (May 18, 2005), holding that the Tennessee Sentencing Reform Act of 1989 is not violative of the Sixth Amendment right to a jury trial. Accordingly, the summary dismissal is affirmed. |
Hawkins | Court of Criminal Appeals | |
State of Tennessee v. Tiffany Yvonne Marshall
The Appellant, Tiffany Yvonne Marshall, appeals the revocation of her probation by the Cumberland County Criminal Court. On April 5, 2004, Marshall pled guilty to theft over $1,000 and theft under $500 and received an effective four-year sentence. These sentences were suspended, and Marshall was placed on probation to be supervised by community corrections. On May 25, 2004, a probation violation warrant issued alleging Marshall had committed the offenses of identity theft, possession of a Schedule IV controlled substance, and possession of a Schedule VI controlled substance. Following a revocation hearing, Marshall was found to be in violation of her probation, and her original sentence to the Department of Correction was reinstated. On appeal, Marshall argues: (1) that the trial court violated Blakely v. Washington; (2) that the evidence fails to establish that she violated probation; and (3) that the trial court acted "too harshly" by revoking her probation. After review, we find no error and affirm the judgment of the trial court. |
Cumberland | Court of Criminal Appeals | |
Mario Leggs v. Howard Carlton, Warden and the State of Tennessee
The petitioner, Mario Leggs, appeals from the trial court's dismissal of 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 petition fails 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 | |
State of Tennessee v. Jerry Wayne Patterson
The defendant, Jerry Wayne Patterson, was convicted by jury of attempted first degree murder, a ClassA felony, and sentenced to forty years in the Tennessee Department of Correction as a Range II, multiple offender. On appeal, the defendant presents three issues for review: (1) whether the trial court erred by denying the defendant’s motion to suppress his confession; (2) whether the trial court erred by denying the defendant’s motion for judgment of acquittal; (3) whether the evidence was sufficient to support a guilty verdict for attempt to commit first degree murder. Upon review of the record and applicable law, we affirm the judgment of the trial court. |
Henry | Court of Criminal Appeals | |
State of Tennessee v. Jerry Wayne Patterson - Concurring
The majority concludes that the defendant’s statement to Sheriff’s Investigator Lowe was voluntarily given. For the reasons expressed below, I am unable to join in this conclusion. |
Henry | Court of Criminal Appeals | |
State of Tennessee v. Earl D. Mills
The appellant, Earl D. Mills, pled guilty to vehicular homicide. As a result of the guilty plea, the remaining nine (9) counts of the indictment were either merged with the vehicular homicide conviction or nolle prossed by the State. The trial court sentenced the appellant to twelve (12) years as a multiple offender. At the sentencing hearing, the appellant sought pre-trial jail credit for the 197 days he spent in jail prior to his guilty plea. The trial court denied the request because the appellant was serving a sentence on an unrelated probation violation charge while awaiting trial on the charges arising out of the indictment for vehicular homicide. The appellant filed a motion to reconsider. The trial court granted the motion and awarded the appellant thirty-six (36) days of jail credit. However, the appellant insists he should receive credit for the entire 197 days. For the following reasons, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Martin E. Walker v. Howard Carlton, Warden
The Petitioner, Martin E. Walker, filed a petition for writ of habeas corpus seeking relief from an allegedly void judgment, which the habeas corpus court dismissed. On appeal, the Petitioner contends that the habeas corpus court erred in dismissing his petition because: (1) count one of the indictment charging him with murder is defective because it did not provide notice of the offense charged; (2) the indictment is invalid because the district attorney failed to sign it; and (3) the State failed to comply with the trial court's order for a bill of particulars. Finding no error in the judgment of the habeas corpus court, we affirm the dismissal of the Petitioner's petition for habeas corpus relief. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Derwood Scott Kendrick
The defendant, Derwood Scott Kendrick, was on probation for several convictions of attempted misapplication of contract funds and one (1) conviction of illegal voting. While on probation, the defendant was arrested for theft, misapplication of contract funds and passing worthless checks. The trial court held a probation revocation hearing. At the conclusion of the hearing, the trial court revoked the defendant's probation. The defendant appealed this revocation on the grounds that: (1) the trial court erred in refusing to divest the media privilege for a news reporter and (2) there was insufficient evidence for the trial court to revoke his probation. We have analyzed the issues and find that the trial court did not err in refusing to divest the media privilege. However, we also find that the evidence does not support the revocation of the defendant's probation. We affirm in part and reverse in part the decision of the trial court, and remand for further proceedings in accordance with this opinion. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. William J. Carrico
The Petitioner, William J. Carico, was convicted of aggravated rape, and the trial court sentenced him to twenty-five years in prison. Subsequently, the Petitioner filed a petition for post-conviction relief, and the post-conviction court dismissed the petition as untimely. On appeal, the Petitioner contends that Blakely v. Washington, 542 U.S. __, 124 S.Ct. 2531 (2004) announced a new rule of constitutional law that applies retroactively to his case and creates an exception to the one-year statute of limitations for filing a post-conviction petition. Finding no reversible error, we affirm the judgment of the post-conviction court. |
Hawkins | Court of Criminal Appeals | |
State of Tennessee v. Lamonn Lee Harris
The defendant, Lamonn Lee Harris, entered an open guilty plea to fourteen counts of forgery, Class E felonies, and one count of theft less than $500.00, a Class A misdemeanor. He was sentenced to an effective sentence of six years as a Range I, standard offender. On appeal, he argues that the trial court erred in denying alternative sentencing and in imposing an excessive sentence. Following our review, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Ricky Estes
The defendant, Ricky Estes, was convicted of burglary of an automobile, theft under $500.00, and possession of drug paraphernalia. The trial court sentenced the defendant as a multiple offender to four years, eleven months, and twenty-nine days. On appeal, the defendant raises the following issues: (1) whether the trial court erred in denying his pre-trial motion for a continuance; (2) whether the evidence is sufficient to support his convictions; and (3) whether the trial court erred in sentencing the defendant. Upon review, we affirm the judgments of the trial court. |
DeKalb | Court of Criminal Appeals | |
State of Tennessee v. William F. Cain
The Appellant, William F. Cain, was convicted of misdemeanor stalking and sentenced to eleven months and twenty-nine days in the county jail. On appeal, Cain raises two issues for our review: (1) whether the evidence is sufficient to support the conviction and (2) whether he should have received a suspended sentence. After review, the judgment of conviction and sentence are affirmed. |
Polk | Court of Criminal Appeals | |
State of Tennessee v. Christopher Ebbs, alias
The appellant, Chris Ebbs, pled guilty in May of 1996 to attempted aggravated sexual battery and was sentenced to six (6) years in the Department of Correction. The trial court suspended the sentence to probation for six (6) years conditioned upon various requirements. In June of 2001, a probation violation warrant was filed. As a result, the trial court revoked the appellant's suspended sentence and ordered the appellant to serve the six-year sentence in confinement. On appeal, the appellant challenges the trial court's decision to revoke probation. After a review of the record and applicable legal authorities we conclude the judgment of the trial court must be affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Ericonta Daman Flenoid
The appellant, Ericonta Daman Flenoid, pled guilty in the Sumner County Criminal Court to aggravated burglary and robbery. He received a total effective sentence of ten years, with one year to be served in confinement and the remainder on probation. Subsequently, the trial court revoked the appellant's probation, finding that the appellant failed to comply with the terms of probation. The trial court ordered the appellant to serve his sentences in confinement. The appellant appeals. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Ericonta Daman Flenoid
The appellant, Ericonta Daman Flenoid, pled guilty in the Sumner County Criminal Court to aggravated burglary and robbery. He received a total effective sentence of ten years, with one year to be served in confinement and the remainder on probation. Subsequently, the trial court revoked the appellant's probation, finding that the appellant failed to comply with the terms of probation. The trial court ordered the appellant to serve his sentences in confinement. The appellant appeals. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Wayford Demonbreun, Jr.
The petitioner, Wayford Demonbreun, Jr., appeals from the trial court's dismissal of his pro se petition for writ of habeas corpus. Following our review, we affirm the trial court's judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Chester Floyd Cole
A Madison County Circuit Court jury convicted the defendant, Chester Floyd Cole, of incest, a Class C felony, and assault, a Class B misdemeanor, and the trial court sentenced him as a Range I, standard offender to five years for the incest and six months for the assault1 to be served concurrently in the Department of Correction. The defendant appeals, claiming the trial court erred in failing to dismiss the incest count pursuant to Rule 8, Tenn. R. Crim. P., and State v. Dominy, 67 S.W.3d 822 (Tenn. Crim. App. 2001), and that his sentence is excessive. We affirm the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Mack T. Transou
The defendant, Mack T. Transou, stands convicted of rape and sexual battery, for which he received an effective sixteen-year sentence. Aggrieved of his convictions and sentence, the defendant brings the instant appeal challenging the trial court’s denial of his motion to suppress DNA evidence and the imposition of his sentence in violation of his right to trial by jury. Following our review upon the record, we affirm the defendant’s convictions and sentence. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Beverly Dixon
The defendant, Beverly Dixon, pleaded guilty to one count of felony Class B theft of property over $60,000. The trial court imposed an incarcerative eight-year sentence and denied any form of alternative sentencing. On appeal, the defendant argues that the sentencing process was flawed by the introduction of prejudicial hearsay and that the trial court should have granted probation or placement into a community corrections program. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. James Erskin McCullough
The Defendant, James Erskin McCullough, pled guilty to various offenses, and, while he was on probation for these convictions, a probation violation report was filed, stating that the Defendant failed to report to his probation officer and was arrested for theft. After a hearing, the trial court revoked the Defendant's probation, and it ordered that the Defendant serve the remainder of his sentence in prison. On appeal, the Defendant contends that the evidence is insufficient to revoke the Defendant's probation, and, therefore, the trial court abused its discretion by revoking his probation. After thoroughly reviewing the record and the applicable authorities, we affirm the trial court's judgment. |
Hamilton | Court of Criminal Appeals | |
Jeffrey Lynn Myers v. State of Tennessee
This is an appeal as of right from the denial of post-conviction relief. The Defendant, Jeffrey Lynn Myers, was convicted of one count of attempted rape upon entry of a best-interest guilty plea. He was sentenced to six years' imprisonment as a Range I, standard offender. The Defendant filed a petition for post-conviction relief and received an evidentiary hearing. The trial court subsequently denied the Defendant's petition, and he now appeals to this Court. He argues multiple issues, all of which we find to have been waived because the claims are either (1) not proper issues for a post-conviction proceeding, (2) not properly preserved for appeal, or (3) not reviewable due to an incomplete record. We affirm the judgment of the trial court. |
White | Court of Criminal Appeals | |
State of Tennessee v. Roland R. Smith
The Defendant, Roland R. Smith, was convicted by a jury of nine counts of statutory rape and three counts of especially aggravated sexual exploitation of a minor. The trial court sentenced the Defendant to two years on each of the statutory rape convictions and eleven years on each of the sexual exploitation convictions. The sentences were ordered to be served in such fashion as to result in an effective term of seventeen years in the Department of Correction. In this direct appeal, the Defendant raises the following issues: 1) whether the evidence is sufficient to support certain of his convictions of statutory rape; 2) whether certain of the Defendant's convictions must be reversed under the doctrine of election of offenses; 3) whether certain of the Defendant's convictions violate principles of double jeopardy; 4) whether the trial court erred in refusing to sever some of the offenses; and 5) whether the Defendant's sentence is excessive. We reverse and remand for retrial the Defendant's convictions of statutory rape arising out of Counts Four, Five, Eight and Nine. We reverse and dismiss the Defendant's conviction of statutory rape arising out of Count Six. The Defendant's effective sentence is thereby modified to fifteen years. In all other respects, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals |
