State of Tennessee v. Jay W. Edwards
Aggrieved of his Knox County Criminal Court jury convictions of aggravated kidnapping, assault, domestic assault, and interfering with an emergency call, the defendant, Jay W. Edwards, appeals. The defendant challenges the trial court’s denial of his motion to suppress the evidence seized following his arrest, the propriety of the jury instructions, and the sufficiency of the convicting evidence. Following our review, we affirm the defendant’s convictions but remand the case for the entry of corrected judgment forms reflecting the merger of the defendant’s convictions in Counts 4, 5, 6, and 8. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Douglas Eugene Horton
The Defendant-Appellant, Douglas Eugene Horton, was convicted by a Henderson County jury of nineteen counts of various drug related offenses, for which he received a total effective sentence of fifteen years’ imprisonment. On appeal, the Defendant argues that (1) the evidence is insufficient to sustain his convictions, (2) the State committed prosecutorial misconduct during closing arguments, and (3) the trial court abused its discretion in ordering partial consecutive sentencing. Upon review, we affirm the judgments of the trial court in Counts 3, 4, 5, 6, 15, 16, 17, 18, 23, 24, 25, and 26; we reverse the judgments of the trial court in Counts 1, 2, 7, 8, 9, 10, and 31 due to insufficient evidence, and we vacate these convictions; and we remand the case to the trial court for proceedings consistent with this opinion. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Stanley Jefferson
A jury convicted the Defendant, Stanley Jefferson, of aggravated rape, two counts of especially aggravated burglary, aggravated assault, and theft of property valued at more than $1,000, and he received an effective sentence of fifty-eight years. The sole issue raised on appeal is the sufficiency of the convicting evidence for the aggravated rape conviction. We conclude that the evidence is sufficient to support the jury’s verdict, and we affirm the convictions. We remand for any further proceedings necessary to correct an error in the sentence related to the Defendant’s theft conviction. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Anthony Lee Carter
The Defendant, Anthony Lee Carter, appeals from his Madison County Circuit Court conviction for driving as a motor vehicle habitual offender (“MVHO”), for which he received a six-year sentence. On appeal, the Defendant argues that after his arrest and before his trial, our legislature amended the Motor Vehicle Habitual Offenders Act such that the Defendant was entitled to the benefit of a lesser penalty under our criminal savings statute. See Tenn. Code Ann. §§ 39-11-112 (savings statute), 55-10-601 (MVHO Act). Following our review, we conclude that when the legislature removed the offense of driving as a MVHO and the associated penalty and replaced it with a mechanism for MVHOs to petition for reinstatement of their driver’s licenses, the legislature enacted a lesser penalty. As a result, the Defendant should benefit from the lesser penalty pursuant to the criminal savings statute. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Lashawn Shannon
The Defendant, Lashawn Shannon, appeals his convictions for aggravated robbery and facilitation of aggravated kidnapping, for which he received an effective sentence of nine years’ incarceration. On appeal, the Defendant challenges the sufficiency of the evidence supporting his convictions. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Quinton Devon Perry
Defendant-Appellant, Quinton Devon Perry, entered guilty pleas to eighteen counts of aggravated sexual exploitation of a minor, a Class C felony, and six counts of aggravated sexual exploitation of a minor where the number of exploitive materials exceeded twenty-five, a Class B felony under Tennessee Code Annotated sections 39-17-1004(a)(1) and (2). The trial court ordered partial consecutive sentencing and imposed an effective sentence of eighteen years’ imprisonment. In this appeal as of right, the Defendant argues the trial court erred in applying certain enhancement factors and in imposing partial consecutive sentencing. Upon review, the judgment of the trial court is affirmed. |
Madison | Court of Criminal Appeals | |
Robert Jason Burdick v. State of Tennessee
In this consolidated appeal, the Petitioner, Robert Jason Burdick, appeals the denial of his two post-conviction petitions and dismissal of his petition for writ of error coram nobis. With regard to his post-conviction petitions, the Petitioner argues that he received ineffective assistance of counsel due to counsel’s failure to challenge the trial court’s enhancement of his sentence and failure to file a motion to suppress the State’s warrantless attachment of a GPS tracking device to his vehicle. With regard to the petition for writ of error coram nobis, the Petitioner argues that the coram nobis court erred in summarily dismissing his petition and that he is entitled to due process tolling of the statute of limitations. After review, we affirm the judgments of the lower court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Glenn Brown and Thomas Byrd
The Defendants, Glenn Brown and Thomas Byrd, were jointly tried before a Knox County Criminal Court jury on a number of drug and gun-related offenses. At the conclusion of the trial, both Defendants were convicted of possession with the intent to sell/deliver 0.5 grams or more of cocaine within 1000 feet of a school, possession with the intent to sell/deliver a controlled substance analogue, and possession of marijuana. Defendant Brown was alone convicted of the various gun-related charges, including employment of a firearm during the commission of a dangerous felony having been previously convicted of a felony. In this consolidated appeal, Defendant Byrd challenges the sufficiency of the evidence in support of his felony convictions and argues that the trial court erred in admitting evidence of his failure to contest the forfeiture of the large amount of cash seized from him. Defendant Brown challenges the sufficiency of the evidence in support of his felony drug and employment of a firearm during a dangerous felony convictions and argues that the trial court erred in denying his motion to suppress the results of the traffic stop and in issuing inconsistent oral and written jury instructions that prevented unanimity of the verdicts. Following our review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Demetrie Darnell Owens
The Defendant, Demetrie Darnell Owens, was convicted by a Marshall County Circuit Court jury of two counts of simple possession of cocaine, Class A misdemeanors; possession of cocaine within 1000 feet of a school or park with intent to sell, a Class B felony; attempted possession of cocaine with intent to deliver, a Class C felony; two counts of simple possession of Xanax, Class A misdemeanors; two counts of simple possession of methamphetamine, Class A misdemeanors; simple possession of marijuana, a Class A misdemeanor; and simple possession of Suboxone, a Class A misdemeanor. He was sentenced to an effective term of twenty years in the Department of Correction. On appeal, the Defendant argues that: (1) the trial court erred in allowing a State’s witness to testify concerning statements and text messages made by an unavailable witness; (2) the State committed prosecutorial misconduct during closing argument; (3) the trial court’s instruction that two individuals were accomplices as a matter of law amounted to a comment on the proof; and (4) the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Javaris Wilson
The Defendant, Javaris Wilson, was convicted by a Davidson County Criminal Court jury of first degree premeditated murder and second degree murder under alternate theories of guilt for the same killing. The second degree murder conviction was merged into the first degree murder conviction, for which the Defendant received a life sentence. The sole issue the Defendant raises on appeal is whether the evidence was sufficient to establish his identity as the perpetrator. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Steven Dare Steelman, Jr. v. State of Tennessee
The Petitioner, Steven Dare Steelman, Jr., appeals from the Knox County Criminal Court’s order dismissing his petition for |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Joshua Williams
The Defendant, Joshua Williams, was convicted of two counts of especially aggravated burglary, four counts of attempted first degree murder, twelve counts of employing a firearm during the commission of a dangerous felony, four counts of aggravated assault, and two counts of felon in possession of a firearm and was given a total effective sentence of sixty-eight years. On appeal, he argues that the evidence was insufficient to support his convictions of attempted first degree murder. After thorough review, we disagree and affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Blaze Valentino Burkett
The Defendant, Blaze Valentino Burkett, appeals as of right from the Wayne County Circuit Court’s revocation of his probation and his being ordered to serve the remainder of his ten-year sentence for possession of 0.5 grams or more of methamphetamine with the intent to sell. The Defendant contends that the trial court abused its discretion by fully revoking his probationary sentence and that an alternative to full incarceration should have been imposed to allow him to seek treatment for his methamphetamine addiction. Following our review, we affirm the judgment of the trial court. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Joseph Donald McIntire
The defendant, Joseph Donald McIntire, pled guilty to attempted introduction of contraband into a penal facility and, after a sentencing hearing, the trial court imposed a sentence of eight years in confinement. On appeal, the defendant argues that the trial court abused its discretion in enhancing his sentence to eight years and requiring that he serve the entirety of his sentence in confinement. Upon our review of the record and the applicable law, we affirm the judgment of the trial court. |
Cumberland | Court of Criminal Appeals | |
Jeffery Combs v. State of Tennessee
The Petitioner, Jeffery Combs, was found guilty by a jury of eighteen counts of forgery and one count of theft of property valued at more than $1,000 but less than $10,000, and he received a twelve-year sentence in confinement. After this court affirmed the Petitioner’s convictions on direct appeal, he filed a petition for post-conviction relief contending that trial counsel was ineffective because trial counsel failed to: consult a handwriting expert and properly advise the Petitioner of the cost of retaining one; thoroughly investigate or pursue a misidentification defense by seeking professional assistance to enhance the surveillance video and interviewing witnesses; consult with the Petitioner prior to trial; and convey a plea offer. Following a hearing, the post-conviction court denied the petition, and the Petitioner appeals. We affirm the judgment of the postconviction court. |
Sullivan | Court of Criminal Appeals | |
Kristin M. Myers v. State of Tennessee
The petitioner, Kristin M. Myers, appeals the denial of her post-conviction petition, arguing the post-conviction court erred in finding she received the effective assistance of counsel at trial. After our review of the record, briefs, and applicable law, we affirm the denial of the petition. |
Loudon | Court of Criminal Appeals | |
State of Tennessee v. Jason Burchfield
The trial court revoked the community corrections sentence of the defendant, Jason Burchfield, and ordered him to serve the remainder of his sentence in confinement. On appeal, the defendant contends that, while he did violate the terms and conditions of his alternative sentence, the trial court’s full revocation of his sentence was excessive and constituted an abuse of discretion. After a thorough review of the record, the applicable law, and the briefs of the parties, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Matthew Anthony Perry
A Johnson County jury convicted the defendant, Mathew Anthony Perry, of unlawful possession of a firearm by a convicted felon, and the trial court imposed a sentence of fifteen years’ confinement. On appeal, the defendant argues the trial court erred in sentencing him as a Range II offender, asserting the State’s notice of enhanced punishment was deficient. The defendant also argues the trial court erred in failing to grant a mistrial based upon alleged improper testimony. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court. However, we remand the matter for the sole purpose of ensuring that judgment forms were entered for each count of the indictment. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. James Michael Martin
The defendant, James Michael Martin, appeals his Greene County Criminal Court jury conviction of driving under the influence (“DUI”), arguing that the trial court erred by denying his motions to dismiss and suppress and that the evidence was insufficient to support his conviction. Discerning no error, we affirm. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Douglas M. Ferguson
The Sullivan County Grand Jury indicted Douglas M. Ferguson, Defendant, for attempted first degree premeditated murder in count one, aggravated assault in count two, and reckless endangerment in count three. Following a trial, the jury convicted Defendant of misdemeanor reckless endangerment in count one, aggravated assault in count two, and felony reckless endangerment in count three. The trial court merged counts one and three into count two, sentenced Defendant to five years in the Tennessee Department of Correction with a thirty percent release eligibility, and imposed a fine of $10,000. On appeal, Defendant argues that the trial court erred by denying alternative sentencing and by ordering Defendant to pay an excessive fine. Upon a thorough review, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Shanthony Mays
The Petitioner, Shanthony Mays, filed a petition for post-conviction relief challenging his convictions for aggravated robbery, aggravated assault, and unlawful possession of a weapon and the resulting twelve-year sentence. The post-conviction court denied relief, and the Petitioner appeals. On appeal, the Petitioner alleges the following: (1) that he provided new evidence establishing an improper jury venire; (2) that trial counsel was ineffective by failing to provide statistical information to show the systematic exclusion of African-Americans in the jury venire of Obion County; (3) that trial counsel was ineffective by failing to properly examine the State’s witnesses regarding the admissibility of evidence and impeachment; (4) that trial counsel was ineffective by failing to file a pretrial motion regarding the chain of custody for “tainted evidence”; and (5) that the post-conviction court should have given more weight to the co-defendant’s recantation of his trial testimony. After our review, we affirm the judgment of the post-conviction court denying the Petitioner relief. |
Obion | Court of Criminal Appeals | |
Tracy Roberson v. State of Tennessee
Tracy Roberson, Petitioner, was convicted of one count of aggravated burglary, one count of especially aggravated kidnapping, one count of aggravated robbery, two counts of aggravated rape, and three counts of theft. The trial court sentenced Petitioner to an effective sentence of sixty years in the Tennessee Department of Correction. On direct appeal, this court modified one of the theft counts and merged the three theft convictions, affirming all other judgments. Petitioner filed a pro se post-conviction petition and three amended petitions through counsel. Following a hearing, the post-conviction court denied relief. On appeal, Petitioner argues that he was denied the effective assistance of counsel and due process. After a thorough review, we affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Ricky Allen Davis
The Appellant, Ricky Allen Davis, was convicted in the Knox County Criminal Court of first degree premediated murder and unlawful possession of a firearm and received concurrent sentences of life and eight years, respectively. On appeal, the Appellant contends that the evidence is insufficient to support the convictions and that the trial court committed plain error by admitting a witness’s hearsay statement into evidence, by allowing a witness to testify that she saw the Appellant with a gun prior to the shooting when there was no evidence that it was the same gun used in the shooting, and by allowing a witness to testify that low-income people often shared cellular telephones and did not help the police due to fear of retribution. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Desmond Price
Desmond Price, Defendant, entered a guilty plea to one count of attempted conspiracy to possess more than 150 grams of heroin in exchange for a nine-year sentence and the dismissal of the remaining three counts of the indictment. The parties agreed that Defendant would serve his sentence consecutively to the sentence for another unrelated conviction. Subsequently, Defendant filed a motion pursuant to Rule 35 of the Tennessee Rules of Criminal Procedure, arguing that he was a candidate for split confinement. The trial court denied the motion. This appeal followed. After our review, we determine that the trial court properly denied the relief sought by Defendant in the Rule 35 motion. Accordingly, the judgment of the trial court is affirmed. The matter is remanded to the trial court for entry of judgments dismissing the remaining three counts of the indictment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Eric Manzenberger
A jury convicted the Defendant of driving under the influence of an intoxicant, driving in excess of the speed limit, and violating the light law, and he received an effective sentence of eleven months and twenty-nine days, with the sentence to be suspended after fourteen days in confinement. On appeal, the Defendant asserts that the trial court erred in denying his motion to suppress certain statements made to law enforcement. After a review of the record, we conclude that the Defendant was not in custody under Miranda v. Arizona, 384 U.S. 436 (1966), and we affirm the judgments. |
Sevier | Court of Criminal Appeals |
