State of Tennessee v. William O. Ewerling
The Appellant, William O. Ewerling, proceeding pro se, appeals his misdemeanor convictions by the Davidson County Criminal Court for possessing a weapon in a public park, possession of a handgun while under the influence of alcohol, and criminal trespass. On appeal, Ewerling argues the trial court erred as follows: (1) improperly admitted hearsay statements; (2) admitted non-relevant evidence; (3) permitted introduction of evidence from a witness who had no personal knowledge of the matter; (4) improperly instructed the jury; and (5) imposed excessive sentences. Additionally, Ewerling argues that the evidence was insufficient to support his convictions. After review, we conclude that issues (1), (2), (3), (4), and (5) are waived as the record is insufficient to permit a review of these issues. With regard to Ewerling's sufficiency argument, we conclude that the evidence is legally sufficient to support his convictions for possessing a weapon in a public park and possession of a handgun while under the influence. However, we conclude that the evidence is legally insufficient to support his conviction for criminal trespass. Accordingly, the convictions and sentences for possessing a weapon in a public park and possession of a handgun while under the influence are affirmed; the conviction for criminal trespass is reversed and dismissed. |
Davidson | Court of Criminal Appeals | |
Randall Blakeney v. State of Tennessee
The petitioner, Randall Blakeney, appeals the trial court's order denying post-conviction relief. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20, Tenn. Ct. Crim. App. R. The pleading is barred by the statute of limitations and was properly dismissed. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. John H. Parker
The petitioner filed a “Writ of Certiorari and/or Writ of Habeas Corpus and/or Motion for Post-Judgment Relief” in the trial court. On appeal, the petitioner challenges the trial court’s denial of both his petition for writ of habeas corpus and his application for writ of certiorari. Following our review, we affirm the denial of both forms of relief. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Charles Michael Hall
A jury convicted the defendant, Charles Michael Hall, for a third offense of driving under the influence of an intoxicant (D.U.I.), a Class A misdemeanor, and for driving after having been declared a habitual motor vehicle offender, a Class E felony. For the D.U.I. conviction, he received a sentence of eleven months and twenty-nine days in the county jail with a release eligibility at 75% and a $1500 fine. For the habitual motor vehicle offender offense, he received a sentence of one year as a Range I standard offender to be served in the Department of Correction. The sentences are to be served consecutively. In this appeal as of right, the defendant argues: (1) the evidence is insufficient to sustain his convictions; (2) the trial court improperly denied charging a proposed jury instruction; and (3) the trial court improperly charged the jury. After reviewing the matter, we affirm the judgment of the trial court. |
Henry | Court of Criminal Appeals | |
State of Tennessee v. Michael L. Calandros - Judgment
Came the appellant, Michael L. Calandros, pro se, and also came the Attorney General on behalf of the State of Tennessee, and this case was heard on the record on appeal from the Criminal Court of Sullivan County; and upon consideration thereof, this Court is of the opinion that this avenue of appeal is unavailable to the defendant because the sentence in this case is neither illegal nor void. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Keith Latrell Jackson
A Davidson County jury found the Defendant, Keith Latrell Jackson, guilty of possession with the intent to sell twenty-six (26) grams or more of a substance containing cocaine in a Drug-Free School Zone and of possession of a firearm with the intent to employ it in the commission of or escape from an offense. The trial court sentenced the Defendant to an effective sentence of thirty-six years in prison. On appeal, the Defendant contends that: (1) the trial court erred when it denied his motion to suppress; (2) the evidence is insufficient to support his convictions; (3) the trial court erred in admitting the testimony of a surveyor pertaining to the use of GPS in determining the distance between the location of the offense and the real property that comprises Wharton School; and (4) the trial court erred when it sentenced him. After thoroughly reviewing the record and the applicable authorities, we reverse the Defendant's conviction and sentence for possession of a firearm with the intent to employ it in the commission of or escape from an offense, and we affirm the Defendant's conviction and sentence for possession with the intent to sell twenty-six (26) grams or more of a substance containing cocaine in a Drug-Free School Zone. |
Davidson | Court of Criminal Appeals | |
Lorenzo D. Harris v. Warden Glen Turner and State of Tennessee
The Petitioner, Lorenzo D. Harris, 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 Petitioner has failed to allege a ground for relief which would render the judgment void, we grant the State’s motion and affirm the judgment of the lower court. |
Hardeman | Court of Criminal Appeals | |
Jim L. Townsend v. State of Tennessee
This matter is before the Court upon the State’s motion to affirm the judgment of the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner, Jim L. Townsend, appeals the trial court’s denial of his application for writ of error coram nobis/petition for post-conviction relief. Finding that the instant petition is not proper as either a motion for writ of error coram nobis, petition for post-conviction relief, or application for writ of habeas corpus relief, we affirm the dismissal of the trial court. |
Shelby | Court of Criminal Appeals | |
Horatio Rice v. David Mills, Warden (State of Tennessee)
The Petitioner, Horatio L. Rice, appeals the lower 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 Petitioner has failed to establish that his convictions are void or that his sentence has expired. Accordingly, we grant the State’s motion and affirm the judgment of the trial court. |
Lauderdale | Court of Criminal Appeals | |
Stanley Harvell v. Glen Turner
The Petitioner, Stanley Harvell, 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 | |
State of Tennessee v. Julia Mosley
The appellant, Julia Mosely, pled guilty in the Sullivan County Criminal Court to facilitation of attempted rape of a child and felony failure to appear. Pursuant to the plea agreement, she was sentenced to six years for the facilitation conviction and one year for the felony failure to appear. The trial court ordered that the two sentences be served consecutively, with both sentences suspended and to be served on probation. Thereafter, the trial court revoked the appellant's probation and ordered her to serve the balance of her sentences in confinement. On appeal, the appellant challenges the revocation of her probation. Upon our review of the record and the parties' briefs, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Joshua William Algood
The defendant, Joshua William Algood, entered a nolo contendere plea to aggravated burglary and theft over one thousand dollars ($1,000). The trial court sentenced the defendant to serve 150 days in the county jail with the remainder of a three-year effective sentence to be served on community corrections. As special conditions of the defendant's probation, the trial court ordered the defendant to have no contact with the victims, pay restitution of two thousand five hundred dollars ($2,500), obtain a GED, submit a DNA sample, maintain full-time employment once out of jail and establish paternity of his minor child and begin paying child support to the child's mother. The defendant appeals arguing that the trial court erred in imposing the special conditions requiring he establish paternity of his minor child and pay child support. We agree with the defendant and reverse and remand the case to the trial court for proceedings pursuant to this opinion. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Jesse James Johnson
The appellant, Jesse James Johnson, was indicted for driving on a revoked license, violating the Motor Vehicle Habitual Offender Act and third offense driving on a revoked license. At trial, the appellant's counsel argued that the order declaring the appellant to be an habitual traffic offender had expired as it was more than three (3) years old. The trial court prohibited the jury from considering the argument. The jury found the appellant guilty of driving on a revoked license and violation of the Motor Vehicle Habitual Offender Act. In a separate phase of the trial, the trial court found the appellant guilty of third offense driving on a revoked license. The appellant received a sentence of three (3) years and six (6) months for the violation of the Motor Vehicle Habitual Offender Act and eleven (11) months and twenty-nine (29) days for the third offense driving on a revoked license. After the denial of a motion for new trial, this appeal ensued. Despite the absence of a transcript of the hearing on the motion for new trial, we determine that the trial court did not abuse its discretion in prohibiting the appellant's counsel from arguing that the order declaring the appellant to be an habitual motor vehicle offender had expired. |
Franklin | Court of Criminal Appeals | |
State of Tennessee v. Terry Wayne Buckner
Following a jury trial, Defendant, Terry Wayne Buckner, was convicted of two counts of sexual battery. Defendant was sentenced to serve one year in confinement for each offense, with the sentences to run concurrently with each other. On appeal, Defendant challenges the trial court's failure to order alternative sentencing and the trial court's consideration of enhancement factors which were not submitted to a jury. After a thorough review, we modify Defendant's sentence for each conviction to a sentence of one year of split confinement with three months to be served in confinement and the balance to be served on probation, with the sentences to run concurrently with each other. |
Coffee | Court of Criminal Appeals | |
Edwin Matthew Bryant v. Flora J. Holland, Warden
The petitioner, Edwin Matthew Bryant, appeals pro se from the Davidson County Criminal Court's dismissal of his petition for habeas corpus relief from his convictions for two counts of vehicular assault, a Class D felony, and resulting sentences of four years each to be served concurrently in the Department of Correction. He contends that the trial court erred in dismissing his writ of habeas corpus without appointing counsel and that his sentences are illegal because the trial court sentenced him to incarceration and imposed restitution and because the trial court enhanced each of his sentences from two years to four years without finding any applicable enhancement factors. We affirm the trial court's dismissal of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Rodney Southers
The defendant, Rodney Southers, originally charged with aggravated robbery, was convicted of robbery. The trial court imposed a Range I, six-year sentence. In this appeal, the defendant asserts (1) that the trial court erred by refusing to suppress his pretrial statement and (2) that the trial court erred by denying his request for a special jury instruction. The judgment of the trial court is affirmed. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Loretta A. Wright
A Williamson County Grand Jury indicted the Defendant, Loretta A. Wright, for one count of misdemeanor child abuse. The Defendant pled guilty, and the trial court sentenced the Defendant to serve eleven months and twenty-nine days. On appeal, the Defendant contends that the trial court's sentence is excessive. After thoroughly reviewing the record and the applicable authorities, we affirm the Defendant's sentence. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Wayne Ball
A Greene County jury convicted the Defendant, Kenneth Wayne Ball, of one count of driving under the influence, and the trial court sentenced him to 11 months and 29 days, of which 10 percent was to be served before eligibility for rehabilitative release programs. In this appeal, the defendant contests the sufficiency of the convicting evidence and contends that the trial court erred in denying his motion to suppress the results of a breathalyzer test despite the officer's lack of reasonable grounds to believe that he was intoxicated and despite the officer's failure to follow the 20-minute observation protocol. We affirm the judgment of the trial court. |
Greene | Court of Criminal Appeals | |
Mike Littles v. State of Tennessee
The petitioner, Mike Littles, appeals the trial court’s denial of his petition for post-conviction relief.1 The sole issue presented for review is whether the petitioner entered an involuntary plea due to ineffective assistance of counsel at trial. After reviewing the matter, we affirm the judgment of the trial court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Kirk Williams
The defendant, Kirk Williams, was indicted for driving under the influence and obstructing traffic. After granting a motion to suppress all evidence obtained from the traffic stop, the trial court permitted the state an application for a discretionary appeal under Rule 9 of the Tennessee Rules of Appellate Procedure. Because the effect of the ruling was a dismissal of the charges, this court accepted the appeal under Rule 3 and waived the timely filing of notice of appeal by the state. The issue presented for review is whether the trial court erred by granting the motion to suppress. The judgment is reversed and the cause is remanded for a trial on the merits. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Carrie Ann Brewster and William Justin Brewster
The defendants, Carrie Ann Brewster and William Justin Brewster, appeal from their Knox County Criminal Court jury convictions of first degree felony murder, facilitation of first degree premeditated murder, especially aggravated robbery, and especially aggravated burglary. On appeal, the defendants claim that the convicting evidence was insufficient to support the convictions and that the trial court erred in denying the defendants' motions to suppress their pretrial confessions. Because the record supports the convictions and the trial court's ruling on the pretrial motions to suppress, we affirm; however, we modify the especially aggravated burglary conviction to one of aggravated burglary. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Drama Sue Davis, alias
In 1992, the defendant, Drama Sue Davis, alias, pled guilty and was sentenced for DUI, a Class A misdemeanor. Judgment was not entered, and the matter was reset so the defendant would have time to pay the fine and costs. She was to appear at the next setting unless she had paid the fine, costs, and restitution in the interim. Although the costs had been only partially paid, she did not appear at the next setting. A capias was issued, but the defendant was not arrested until ten years later, with the judgment then being entered by the trial court. On appeal, the defendant asserts that, pursuant to Tennessee Code Annotated section 40-6-206, the capias was void after five years, with the trial court thus lacking jurisdiction to impose sentence; and she was denied her right to a speedy trial. Following our review, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Roy Edward Tolliver, Jr.
The Appellant, Roy Edward Tolliver, Jr., was convicted by a Greene County jury of one count of cruelty to animals and was sentenced to eleven months and twenty-nine days in jail. On appeal, Tolliver argues that (1) the evidence is insufficient to support the verdict and (2) the sentence is excessive. After review of the record, we affirm the conviction and sentence. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Barbara Ann Bryant
The defendant, Barbara Ann Bryant, appeals the sentencing judgment of the Tipton County Circuit |
Tipton | Court of Criminal Appeals | |
Ricky Ray Reed, Jr. v. State of Tennessee
The Appellant, Ricky Ray Reed, Jr., appeals the judgment of the Tipton County Circuit Court denying his petition for post-conviction relief. Reed collaterally challenges his jury conviction for second degree murder. On appeal, Reed argues that trial counsel’s failure to pursue an insanity defense constituted ineffective assistance of counsel. After review of the record, we affirm the denial of post-conviction relief. |
Tipton | Court of Criminal Appeals |
