State of Tennessee v. Courtney Means
The defendant, Courtney Means, was convicted by a Shelby County Criminal Court jury of eight counts of aggravated robbery, a Class B felony, based on three separate incidents involving four victims. After merging the separate counts involving the same victim, the trial court sentenced the defendant as a Range I, standard offender to nine years for each of the remaining four convictions, with two of the sentences to be served consecutively, for an effective sentence of eighteen years in the Department of Correction. In this timely appeal as of right, the defendant challenges both the trial court’s application of enhancement factors to increase his sentences beyond the eight-year minimum for his range and its imposition of consecutive sentencing. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Bruce Warren Scarborogh
The appellant, Bruce Warren Scarborough, was charged in the Knox County Criminal Court with four counts of aggravated rape. He filed a motion to suppress DNA evidence linking him to the crimes, and the trial court denied the motion. From the trial court's order, the appellant now brings this interlocutory appeal, arguing that the DNA evidence was obtained in violation of his right to be free from unreasonable searches and seizures as provided by the Fourth Amendment to the United States Constitution and Article I, Section 7 of the Tennessee Constitution. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Prentice C. Calloway
Defendant was indicted for carjacking in count one; for theft of property over $10,000 but less than $60,000 in count two; for unlawful possession of a weapon in count three; for felony possession of an unlawful weapon in count four; for evading arrest while operating a motor vehicle in count five; for misdemeanor evading arrest in count six; for resisting arrest in count seven; for driving with a revoked license in count eight; and for criminal trespass in count nine. Prior to trial, the State dismissed counts three, eight and nine, and the remaining counts were renumbered accordingly. Following a jury trial, Defendant was found guilty of the lesser included offense of misdemeanor theft (as renumbered) in count one; guilty of Class C felony theft of property in count two; not guilty of possession of an unlawful weapon in count three; guilty of Class D felony evading arrest in count four; guilty of misdemeanor evading arrest in count five; and guilty of resisting arrest in count six. The trial court merged Defendant's conviction for misdemeanor theft in count one into his conviction for Class C felony theft of property in count two. The trial court sentenced Defendant as a Range II multiple offender to ten years for the theft conviction, eight years for the felony evading arrest conviction; eleven months, twenty-nine days for the misdemeanor evading arrest conviction; and eleven months, twenty-nine days for the resisting arrest conviction. The trial court ordered all of Defendant's sentences to be served consecutively for an effective sentence of 19 years, 10 months and fifty-eight days. On appeal, Defendant argues (1) that the evidence is insufficient to support his conviction for felony evading arrest in count four; (2) that the trial court erred in not merging Defendant's convictions for felony evading arrest and misdemeanor evading arrest in counts four and five; (3) that the trial court erred in determining the length of Defendant's sentences; and (4) that the trial court erred in ordering the sentences to be served consecutively. Defendant does not challenge the sufficiency of the evidence to support his felony theft or misdemeanor resisting arrest convictions. After a thorough review of the record, we modify Defendant's conviction for evading arrest from a Class D felony to a Class E felony, and impose a sentence of four years. We merge Defendant's misdemeanor evading arrest conviction with his Class E felony evading arrest conviction. We affirm Defendant's conviction and sentence for his Class C theft offense and his misdemeanor resisting arrest offense, and the trial court's imposition of consecutive sentencing, for an effective sentence, as modified, of fourteen years, eleven months and twenty-nine days. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Larita Lyons
A Davidson County jury convicted the Defendant, Larita Lyons, of robbery, and the trial court sentenced her to serve five years in the workhouse. On appeal, the Defendant contends that the evidence is insufficient to sustain her conviction. Finding no reversible error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Randall D.Bennett
The defendant, Randall D. Bennett, appeals the revocation of his probation, arguing that the trial court erred in revoking his probation based on the uncorroborated testimony of the defendant's probation officer. Following our review, we affirm the order of the trial court. |
Davidson | Court of Criminal Appeals | |
LaBryant King v. State of Tennessee
The Defendant, LaBryant King, pled guilty in 1998 to one count of selling over .5 grams of cocaine within 1,000 feet of a school, a Class A felony. The Defendant agreed to be sentenced as a Range I offender to fifteen years. The Defendant subsequently filed for post-conviction relief raising challenges to his indictment, conviction and sentence. After a hearing the trial court denied relief, and this appeal followed. We affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Clarence W. Carter
The Defendant, Clarence W. Carter, was tried and convicted of one count of conspiracy to sell cocaine and one count of possession of cocaine. He was sentenced as a Range II, multiple offender to consecutive sentences of thirty-two years for the conspiracy conviction and sixteen years for the possession conviction. This Court affirmed the Defendant's convictions and sentences on direct appeal. See State v. Clarence W. Carter, No. M2000-02230-CCA-R3-CD, 2002 WL 31370469 (Tenn. Crim. App., Nashville, Oct. 21, 2002). The Tennessee Supreme Court granted review, and upheld the Defendant's convictions and sentence on the possession conviction, but determined the trial court committed error in sentencing the Defendant as a Range II offender for his conspiracy conviction when he did not receive notice of intent to seek enhanced punishment by the State in the superceding indictment under which he was tried. See State v. Carter, 121 S.W.3d 579 (Tenn. 2003). Upon remand, the Defendant was re-sentenced on his conspiracy conviction as a Range I, standard offender to twenty-five years imprisonment to be served consecutively to his prior sentences. In this appeal the Defendant raises two issues, claiming that upon re-sentencing the trial court erred by: 1) imposing an excessive sentence for his conspiracy conviction, and 2) imposing consecutive sentencing. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Tony Evans
The defendant, Tony Evans, pled guilty to unlawful possession of .5 grams or more of cocaine with the intent to sell. He was sentenced to six years in a community corrections program but was later placed on probation. Thereafter, the trial court revoked the defendant’s probation and ordered him to serve the remainder of his six-year sentence. On appeal, the defendant challenges the trial court’s revocation of his probation. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Thomas Dee Huskey
The state has appealed the Knox County Criminal Court's suppression of statements made to police by the defendant, Thomas Dee Huskey, and of items found and seized from his home. The state contends that (1) the trial court erred as a matter of law in suppressing the statements and (2) the trial court erred in suppressing the items found at the home (a) because the police arrested the defendant in good faith reliance upon a capias which subsequently was declared void and (b) because the defendant's father consented to a search of the defendant's room. The defendant asserts that if the state's appeal is successful, then he contends that the trial court erred in prior rulings denying suppression of his statements and the items seized from his home on other myriad grounds raised by the defendant. We affirm the trial court. |
Knox | Court of Criminal Appeals | |
David Lackey v. State of Tennessee
The petitioner appeals the summary dismissal of his petition for post-conviction relief, arguing that he should have been appointed post-conviction counsel and given an evidentiary hearing. Following our review, we remand this matter to the post-conviction court to determine whether the petitioner’s right to due process of law requires that the petition be considered regardless of its untimeliness. |
Davidson | Court of Criminal Appeals | |
Terry Lee Robinson v. State of Tennessee
The petitioner, Terry Lee Robinson, was convicted in the Davidson County Criminal Court of first degree murder and received a life sentence. Following an unsuccessful appeal of his conviction, the petitioner filed a petition for post-conviction relief, alleging ineffective assistance of counsel at trial. The petitioner now brings this appeal challenging the post-conviction court's denial of his petition. After reviewing the record and the parties' briefs, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Frank Robert Bigsby v. State of Tennessee
The petitioner was convicted of possession of twenty-six (26) grams or more of cocaine with intent to deliver. He appealed this conviction. We affirmed his conviction in State v. Bigsby, 40 S.W.3d 87 (Tenn. Crim. App. 2000). The petitioner then filed a petition for post-conviction relief. The trial |
Rutherford | Court of Criminal Appeals | |
Kenneth Strickland v. State of Tennessee
The Defendant, Kenneth Strickland, was convicted by a jury of possession of .5 grams or more of cocaine with the intent to sell or deliver, and sentenced to twelve years in the Department of Correction. The judgment against the Defendant was affirmed on direct appeal. See State v. Kenneth Strickland, No. M2002-00543-CCA-R3-CD, 2003 WL 21997739 (Tenn. Crim. App., Nashville, Aug. 22, 2003). The Defendant subsequently filed for post-conviction relief claiming that he had been denied the effective assistance of counsel at trial. After an evidentiary hearing the trial court denied relief and this appeal followed. We affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
Andrew Charles Helton v. State of Tennessee
Petitioner, Andrew Charles Helton, filed a pro se petition for post-conviction relief, which was amended after appointment of counsel. Following an evidentiary hearing, the trial court dismissed the petition. On appeal, Petitioner argues (1) that the prosecutor misrepresented to the jury during closing argument evidence concerning the 911 tape; (2) that the prosecutor improperly pointed the murder weapon at the jury during closing argument; (3) that his trial counsel was ineffective for failing to object to the prosecutorial misconduct which occurred during closing argument; and (4) that his trial counsel provided ineffective assistance when he objected to the jury's request during deliberations to review the tape of a neighbor's call to the 911 operator on the night of the shootings. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Domingo Ponce v. State of Tennessee
The Petitioner, Domingo Ponce, filed a petition for writ of error coram nobis, which the trial court summarily dismissed. On appeal, the Petitioner contends that the trial court erred when it dismissed his petition. Finding no reversible error, we affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
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 |
