Timothy Bickers, Thomas Carter, and Gregory Hedges v. State of Tennessee
The petitioners, Timothy Bickers, Thomas Carter, and Gregory Hedges, appeal the post-conviction court’s dismissal of their joint pro se petition for post-conviction relief. On appeal, the petitioners contend: (1) due process mandates the statute of limitations be tolled; and (2) the post-conviction court erred in denying their motion for recusal. We affirm the post-conviction court’s dismissal of the petition. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Gerald L. "Pete" Shirley
A Scott County jury convicted the Defendant, Gerald L. "Pete" Shirley, of especially aggravated kidnapping, one count of aggravated sexual battery, five counts of aggravated rape, one count of aggravated assault as a lesser-included offense of attempted second degree murder, and another count of aggravated assault. The trial court imposed an aggregate sentence of sixty years in prison. On appeal, the Defendant contends the following: (1) the trial court erred in permitting the jury to take the "bill of particulars" into the jury room during deliberations; (2) the Defendant's convictions for aggravated rape by digital penetration and aggravated rape by oral sex violate the principles of double jeopardy and duplicity of offenses; (3) the trial court erred in failing to dismiss or merge the especially aggravated kidnapping conviction into one of the aggravated rape convictions; (4) the trial court erred in refusing to permit the jury to review a copy of the statement that the victim gave to a police officer; (5) the trial court erred in failing to instruct on the lesser-included offense of false imprisonment; (6) insufficient evidence exists to support the convictions; and (7) the trial court erred in sentencing the Defendant to an effective sixty-year sentence. After thoroughly reviewing the record, we conclude that the trial court committed plain error by instructing the jury that aggravated assault was a lesser included-offense of attempted second degree murder. Accordingly, we reverse the Defendant's conviction of aggravated assault in count eleven of the indictment and modify his sentence to an aggregate fifty years in prison. We affirm the Defendant's remaining convictions. |
Scott | Court of Criminal Appeals | |
State of Tennessee v. Glen Ray Goodrum
Defendant, Glen Ray Goodrum, was found guilty of driving a motor vehicle after having been declared an habitual motor vehicle offender, in violation of Tennessee Code Annotated section 55-10-616(a), following a jury trial in the Carroll County Circuit Court. The trial court sentenced him to serve two years in the Department of Correction, and ordered that he serve a community-based alternative in Community Corrections following one year of confinement. The sentence was also ordered to be served consecutively to another sentence in an unrelated case. Defendant has listed numerous issued for review, but has only briefed a portion of the issues. He also failed to timely file his motion for new trial. In addition, the transcript of the sentencing hearing is not included in the record. This court's review is thus limited to Defendant's challenge to the sufficiency of the evidence, and a review of the judgment regarding sentencing. After review, we affirm Defendant's conviction, but remand to the trial court for entry of an amended judgment. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Cedrick Deandre Brown
The defendant was convicted of two counts of aggravated robbery. He asserts that the trial court erred in denying his motion to suppress based on an unlawful stop and arrest. We conclude that the issue has been waived by the defendant’s failure to include it in his motion for a new trial. The judgments of the trial court are affirmed. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. William Henry Vaughn, IV
The Defendant, William Henry Vaughan, IV, was convicted by a jury of first degree premeditated murder and aggravated arson. He was sentenced to life imprisonment for the murder and to twenty-five years for the arson, with the sentences to be served consecutively. In this direct appeal, the Defendant makes the following claims: (1) the trial court erred in denying his motion to suppress; (2) he was denied his right to a speedy trial; (3) the sequestered jury was separated; (4) the trial court erred by admitting a police officer's written report in its entirety; (5) he was deprived of his fundamental constitutional right to testify; (6) the evidence is not sufficient to support his convictions; and (7) he was deprived of the effective assistance of counsel. Because we find that the Defendant was deprived of his fundamental constitutional right to testify, and because the State has failed to demonstrate that the deprivation was harmless beyond a reasonable doubt, we vacate the Defendant's convictions and remand this matter for a new trial. |
Giles | Court of Criminal Appeals | |
Chauncey R. Gordon v. State of Tennessee
The petitioner, who pled guilty to one count of first degree murder and one count of second degree murder, appeals the denial of his petition for writ of error coram nobis, arguing that the trial court should have granted him relief based on newly discovered evidence which allegedly showed that his trial counsel had a conflict of interest at the time he entered his pleas of guilty. Following our review, we affirm the order of the trial court denying the petition. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. Christopher Paul Wilson
The defendant, Christopher Paul Wilson, pled guilty to one count of reckless vehicular homicide, a Class C felony, and three counts of reckless aggravated assault, Class D felonies. Pursuant to the plea agreement, the trial court sentenced him as a Range I, standard offender to concurrent terms of six years for the reckless vehicular homicide conviction and two years for each of the reckless aggravated assault convictions, for an effective sentence of six years. On appeal, the defendant argues that the trial court erred in denying alternative sentencing. Following our review, we affirm the judgments of the trial court. |
Washington | Court of Criminal Appeals | |
State of Tennessee v. Alveto Martel Higgins
The defendant entered open guilty pleas to three counts of the sale of less than 0.5 grams of cocaine, possession of over 0.5 grams of cocaine with intent to sell or deliver, simple possession of marijuana, and driving on a revoked license. The trial court gave the defendant an effective sentence of nine years to be served in the Tennessee Department of Correction. The defendant contends that the trial court erred in denying him alternative sentencing. The judgments of the trial court are affirmed. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Chysea Myranda Marney
Following an Obion County Circuit Court jury trial, the defendant, Chysea Myranda Marney, was convicted of possession of marijuana with intent to deliver, a Class E felony, Tenn. Code Ann. § 39-17-417(a)(4), (g)(1) (2003), and possession of drug paraphernalia, a Class A misdemeanor, id. § 39-17-425(a) (2003). The trial court sentenced her on the felony as a multiple offender to three years in the Department of Correction, and it sentenced her on the misdemeanor to eleven months, 29 days in the county jail. Now on appeal, the defendant claims that the trial court erred in failing to suppress evidence gained through the execution of a search warrant and that the evidence is insufficient to support the convictions. We disagree and affirm the lower court’s judgments. |
Obion | Court of Criminal Appeals | |
Mario Gates, Pro Se v. State of Tennessee
This matter is before the Court upon the State’s motion to affirm the judgment of the trial court by order pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner appeals the trial court’s denial of his motion to reopen his petition for post-conviction relief. The Petitioner fails to assert a cognizable ground for reopening his petition. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
Marvin Anthony Matthews, Pro Se v. State of Tennessee and Bruce Westbrooks, Warden, West Tennessee State Penitentiary
The Petitioner, Marvin Anthony Matthews, 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 Petitioner filed his petition in the wrong venue without providing a sufficient reason for not applying in the proper court, we grant the State's motion and affirm the judgment of the lower court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. John Wayne Britt
Indicted for the February 10, 2001 first degree premeditated murder of Anthony Sims, the defendant, John Wayne Britt, was convicted by a Henderson County jury of second degree murder. Following a sentencing hearing, the trial court sentenced the defendant to 25 years in the Department of Correction. Now on appeal, the defendant claims that insufficient evidence supports his conviction and that his sentence is excessive. We disagree and affirm the trial court’s judgment. |
Henderson | Court of Criminal Appeals | |
Timmy Herndon, Pro Se V. Glen Turner, Warden, Paul Summers, State Attorney General, And Elizabeth Rice
The Petitioner, Timmy Herndon, 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 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 | |
James Oliver Ross, Pro Se v. State of Tennessee
The Petitioner, James Oliver Ross, 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 fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Madison | Court of Criminal Appeals | |
Welister L. White, Pro Se v. State of Tennessee
This matter is before the Court upon the State’s motion to affirm the judgment of the trial court by order pursuant to Rule 20, Rules of the Court of Criminal Appeals. Petitioner seeks review of the lower court’s dismissal of his motion in arrest of judgment. Finding that the instant petition is not proper as either a motion in arrest of judgment, 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 | |
Jessie Hodges, Pro Se v. State of Tennessee
This matter is before the Court upon the State’s motion to affirm the judgment of the trial court by order pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner is appealing the trial court's denial of habeas corpus relief. The Petitioner fails to assert a ground of relief entitling him to habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Lauderdale | Court of Criminal Appeals | |
Eric Biggs v. State of Tennessee
Eric Biggs appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief. Biggs is presently serving an effective 45-year sentence for fourteen robbery-related offenses to which he pleaded guilty. In his post-conviction attack, he claims that he was not afforded the effective assistance of counsel in the conviction proceedings and that as a result, his guilty pleas were not knowingly, voluntarily, and intelligently entered. The petitioner also makes a second claim that his guilty pleas were not knowingly, voluntarily, and intelligently entered because he believed that his sentencing range would increase with each subsequent conviction. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kevin Lamont Hutchison
The appellant, Kevin Lamont Hutchison, was convicted by a jury in the Montgomery County Circuit Court of aggravated robbery. The trial court sentenced the appellant to seventeen years imprisonment in the Tennessee Department of Correction. On appeal, the appellant contends that the evidence was not sufficient to support his conviction. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Vernica Shabree Ward
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Davidson | Court of Criminal Appeals | |
State of Tennessee v. Vernica Shabree Ward - Concurring
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Davidson | Court of Criminal Appeals | |
State of Tennessee v. Mikel Ulysees Primm
The defendant, Mikel Ulysees Primm, was convicted of speeding, simple possession of cocaine, simple possession of marijuana, possession of drug paraphernalia, and criminal impersonation. The trial court imposed a sentence of 30 days for the speeding offense, 11 months and 29 days on each of the three possession offenses, and six months for the criminal impersonation offense. The sentence for criminal impersonation is to be served consecutively to the sentence for simple possession of cocaine. The remaining sentences are to be served concurrently to the sentence for simple possession of cocaine and to each other. In this appeal of right, the defendant argues that the trial court provided erroneous instructions to the jury as to the definition of constructive possession. The judgments are affirmed. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Treasa Renee Shorter
The defendant, Treasa Renee Shorter, pled guilty to possession of .5 grams or more of cocaine with intent to sell. The trial court imposed a sentence of nine years and nine months to be served in the Department of Correction. In this appeal, the defendant contends: (1) her sentence is excessive; and (2) the trial court erred in denying alternative sentencing. We affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Jesse Tuggle
The appellant, Jesse Tuggle, was convicted by a jury in the Williamson County Circuit Court of one count of forgery, one count of theft of property valued under $500, and one count of criminal impersonation. The trial court sentenced the appellant to one and one-half years of imprisonment in the Tennessee Department of Correction for the forgery conviction, eleven months and twenty-nine days imprisonment for the theft conviction, and six months imprisonment for the criminal impersonation conviction. The trial court further ordered the sentences to be served concurrently. On appeal, the appellant contests the sufficiency of the evidence supporting his forgery conviction and argues that the trial court erred in denying alternative sentencing. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. |
Williamson | Court of Criminal Appeals | |
Freddie Vaught v. State of Tennessee
The petitioner appeals the denial of post-conviction relief. He argues his guilty plea to second degree murder was involuntary due to ineffective assistance of trial counsel. We affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Lavondas Cordell Nelson
The Petitioner, Lavondas Cordell Nelson, pled guilty to one count of reckless endangerment with a weapon and one count of possession of a handgun by a felon in the Rutherford County Circuit Court, and the trial court imposed suspended two year sentences for each count, to be served consecutively, plus four years of probation at the expiration of those terms. The Petitioner filed a pro se petition for writ of habeas corpus and a motion requesting that the trial court appoint an attorney to represent him during the habeas corpus proceeding. The trial court denied his motion and dismissed his petition for writ of habeas corpus. On appeal, the Petitioner contends that: (1) the trial court erred in dismissing his petition for writ of habeas corpus; and (2) the trial court erred by denying his motion for appointment of counsel. Finding no reversible error, we affirm the trial court's judgment. |
Rutherford | Court of Criminal Appeals |
