Michael Braxton v. State of Tennessee
The petitioner, Michael Braxton, was convicted by a jury in the Davidson County Criminal Court of aggravated rape and aggravated assault. He received a total effective sentence of twenty-three years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for post-conviction relief, which petition the post-conviction court summarily dismissed as being untimely. The petitioner appeals the dismissal, arguing that his petition was not barred by the statute of limitations. Upon our review of the record and the parties' briefs, we reverse the judgment of the post-conviction court and remand for a hearing on the timeliness of the petitioner's petition. |
Davidson | Court of Criminal Appeals | |
Johnny Tyus v. State of Tennessee
The petitioner appeals the denial of his petition for post-conviction relief from his conviction for delivery of .5 grams or more of a Schedule II controlled substance, cocaine, arguing that the post-conviction court erred in finding he received effective assistance of trial counsel. Following our review, we affirm the denial of the petition. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. William Ferris
The defendant, William Ferris, was convicted by a Shelby County Criminal Court jury of two counts of especially aggravated kidnapping, a Class A felony; two counts of aggravated burglary, a Class C felony; and one count of aggravated robbery, a Class B felony. The trial court sentenced him as a violent offender to twenty-five years for each of the especially aggravated kidnapping convictions and as a Range II, multiple offender to ten years for the aggravated burglary convictions and twenty years for the aggravated robbery conviction. The court merged the two counts of especially aggravated kidnapping and the two counts of aggravated burglary and ordered that the kidnapping, burglary, and robbery sentences be served consecutively to each other for an effective sentence of twenty-five years in the Department of Correction. The defendant raises essentially three issues on appeal: (1) whether the evidence is sufficient to sustain his convictions; (2) whether the trial court erred by not declaring a mistrial sua sponte upon admission of testimony about the defendant’s pending indictment for attempted second degree murder; and (3) whether the trial court erred in ordering consecutive sentencing. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
William L. Smith v. State of Tennessee
The petitioner, William L. Smith, appeals the denial of his petition for writ of habeas corpus. Because the petitioner's sentence for rape of a child is illegal, the judgment of the habeas corpus court is reversed, relief is granted, and the cause is remanded to the Bledsoe County Circuit Court for transfer to the Hamilton County Criminal Court for appropriate remedial action. |
Bledsoe | Court of Criminal Appeals | |
State of Tennessee v. Robert Williams
The defendant, Robert Williams, was convicted by a Shelby County Criminal Court jury of aggravated burglary, a Class C felony, and sentenced by the trial court as a career offender to fifteen years in the Department of Correction. The sole issue he raises on appeal is whether the circumstantial evidence presented in his case was sufficient to support his conviction. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Candice Workman
The defendant, Candice Workman, pled guilty in the Shelby County Criminal Court to soliciting the sale of less than one-half gram of cocaine, a Class E felony. The trial court sentenced her to one year in the workhouse to be served on probation and fined her $2000.00. On appeal, the defendant contends that the trial court erred by denying her request for judicial diversion. We affirm the trial court but remand the case for correction of a clerical error on the judgment of conviction. |
Shelby | Court of Criminal Appeals | |
Thomas Eugene Graham v. State of Tennessee
The pro se petitioner, Thomas Eugene Graham, appeals from the trial court's order denying the petitioner's 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 denied for lack of merit. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed. |
Hamilton | Court of Criminal Appeals | |
Larry W. Clark v. Ricky Bell, Warden
The Petitioner, Larry W. Clark, appeals from the dismissal of his petition for the writ of habeas corpus. The State has filed a motion requesting that the Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the State's motion has merit. Accordingly, the motion is granted and the judgment of the trial court is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Davidson | Court of Criminal Appeals | |
Harold Wayne Shaw v. State of Tennessee
The petitioner, Harold Wayne Shaw, was convicted by a jury of second degree murder and aggravated kidnapping in 1996. On direct appeal, this Court affirmed the petitioner's conviction, but remanded the case to the trial court for resentencing. See State v. Harold Wayne Shaw, No. 01C01-9707-CR-00259, 1998 WL 731573 (Tenn. Crim. App, at Nashville, Oct. 21, 1998), perm. app. denied (Tenn. 1999). On remand, the petitioner was resentenced. The petitioner appealed, challenging his sentence for the second time, and this Court affirmed the judgment of the trial court. See State v. Harold Wayne Shaw, No. M1999-01119-R3-CD, 2000 WL 1606585 (Tenn. Crim. App., at Nashville, Oct. 27, 2000), perm. app. denied, (Tenn. 2001). The petitioner filed a timely petition for post-conviction relief alleging ineffective assistance of counsel in various ways. After a hearing, the post-conviction court denied the petition for post-conviction relief. On appeal, the petitioner challenges the post-conviction court's dismissal of the petition. For the following reasons, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Joseph Angel Silva, III
On July 21, 2003, the Grand Jury for Bedford County returned an indictment against the defendant charging him with one count of aggravated rape. After a jury trial, the defendant was convicted as charged on October 1, 2003 and sentenced on October 27, 2003, to twenty-two (22) years in the Department of Correction. The defendant now appeals this conviction. He argues that (1) the trial court erred in denying the Defendant's motion for a new trial where there is evidence that a juror failed to disclose to the trial court after voir dire that she had had a conversation with the Defendant's brother and knows the brother personally; and (2) that the State violated Jencks v. United States, 353 U.S. 657 (1957), and Brady v. Maryland, 373 U.S. 83 (1963), by failing to disclose evidence of the victim's pretrial statement which contained exculpatory information. We conclude that these issues are without merit and affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Joseph Larue Davis
The appellant, Joseph Larue Davis, pled guilty in the Cocke County Circuit Court to aggravated burglary and theft of property over $1,000. Pursuant to the plea agreement, the appellant received concurrent four-year sentences with the manner of service to be determined by the trial court. After a sentencing hearing, the trial court ordered the appellant to serve his sentences in confinement. On appeal, the appellant claims the trial court improperly enhanced his sentences and erred by refusing to grant his request for alternative sentencing. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. |
Cocke | Court of Criminal Appeals | |
Reginald Thomas v. State of Tennessee
The petitioner, Reginald Thomas, appeals from the trial court’s denial of post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel. After reviewing the record, we affirm the denial of post-conviction relief. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. William L. Miller
A Montgomery County jury convicted the defendant, William L. Miller, of possession with intent to sell over 0.5 grams of cocaine, simple possession of marijuana, possession of drug paraphernalia, evading arrest, assault, resisting arrest, and driving on a revoked driver's license. The trial court ordered the defendant to serve an effective sentence of eight years, with six days in the county jail and the remainder to be served in Community Corrections. On appeal, the defendant contends that the evidence was insufficient to support his convictions for possession with intent to sell over 0.5 grams of cocaine and assault. After reviewing the record and applicable law, we affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
Jeremy S. Crosby v. State of Tennessee
The Defendant, Jeremy S. Crosby, 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 denial of relief 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. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Willie Bob King
The Defendant was convicted by jury verdict of two counts of aggravated burglary, two counts of aggravated assault, and misdemeanor resisting arrest. The trial court sentenced the Defendant as a Range II offender to ten years for each felony conviction and six months for the misdemeanor conviction, with the first three felony conviction sentences to be served consecutively and the remaining sentences to be served concurrently, resulting in an effective sentence of thirty years. On appeal, the Defendant raises four issues: 1) the evidence was insufficient to support his two aggravated burglary convictions and one aggravated assault conviction; 2) the trial court erred in failing to allow the defense to impeach the testimony of one of the State's witnesses by means of a prior juvenile conviction; 3) the trial court erred in imposing excessive sentences in violation of Blakely v. Washington, 542 U.S. ___, 124 S.Ct. 2531 (2004); and 4) the trial court erred in imposing consecutive sentences. We affirm the judgments of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. William Vanblaricum
The defendant, William Vanblaricum, was convicted by a Franklin County Circuit Court jury of driving under the influence of an intoxicant (DUI), a Class A misdemeanor. The trial court imposed a sentence of eleven months, twenty-nine days, with probation after thirty days in jail and one hundred hours of community service. The trial court also ordered the defendant to pay a fine of $350.00. On appeal, the defendant contends that the evidence is insufficient to support his conviction and that his sentence is excessive. We affirm the judgment of the trial court. |
Franklin | Court of Criminal Appeals | |
State of Tennessee v. Rycine Ellison & Mandrell Christmon
The appellants, Rycine Ellison and Mandrell Christmon, appeal on a certified question of law after their guilty pleas. On appeal, they challenge the trial court's denial of their motions to suppress. For the following reasons, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Algernon Cross
A jury convicted the Defendant, Algernon Cross, of one count of facilitation of possession with the intent to sell .5 grams or more of a schedule II controlled substance and one count of unlawful possession of a handgun by a convicted felon. The trial court sentenced the Defendant to an effective sentence of fourteen years. The Defendant appeals, contending that: (1) the evidence is insufficient to sustain his convictions; (2) the trial court erred on two of its evidentiary rulings; and (3) the trial court erred when it sentenced him. Finding no reversible error, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Eric Amos v. State of Tennessee
The Petitioner, Eric Amos, 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. The Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we grant the State’s motion and affirm the judgment of the lower court. |
Shelby | Court of Criminal Appeals | |
Miqwon Leach v. State of Tennessee
The Petitioner, Miqwon Leach, appeals 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 denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Because the Petitioner has failed to allege aground for relief which would render the judgment void, we grant the State’s motion and affirm the judgment of the lower court |
Lauderdale | Court of Criminal Appeals | |
Lewis A. Grimes v. State of Tennessee
The Petitioner, Lewis A. Grimes, appeals the lower court’s denial of his petition for post-conviction 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 petition was filed outside the applicable statute of limitation and is, therefore, time-barred. Accordingly, we affirm the trial court’s dismissal. |
Shelby | Court of Criminal Appeals | |
Kelvin Hooks v. State of Tennessee
This matter is before the Court upon the motion of appointed counsel seeking permission to withdraw from further representation of the Appellant in the above-captioned appeal pursuant to Rule 22, Rules of the Tennessee Court of Criminal Appeals. Counsel claims that there are no |
Shelby | Court of Criminal Appeals | |
Michael Bell v. Tony Parker, Warden
The Petitioner, Michael Bell, 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. |
Lake | Court of Criminal Appeals | |
Reginald L. Almo v. State of Tennessee
The Petitioner, Reginald Almo, 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. Because the petition fails to grant a cognizable claim for habeas corpus relief, we grant the State's motion and affirm the judgment of the lower court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Russell L. Tipton
The defendant challenges the District Attorney General's denial of pretrial diversion pursuant to Tennessee Rule of Appellate Procedure 9. Specifically, he avers that the District Attorney General abused his discretion and failed to consider all relevant factors. Upon careful consideration, we reverse the judgment of the trial court and remand for the District Attorney General's further consideration of all applicable factors, discussion of the evidence supporting those factors, and an explanation of the weight accorded to each. |
Franklin | Court of Criminal Appeals |
