State of Tennessee v. William Edward Crick
The defendant appeals from the trial court’s denial of an alternative sentence. The defendant pled guilty to a Class E felony, possession of a Schedule VI controlled substance with intent to manufacture, deliver, or sell. The trial court denied the defendant’s request for an alternative sentence and imposed a two-year sentence in the special needs facility of the Tennessee Department of Correction. We affirm the sentence imposed by the trial court, but remand for correction of the judgment to reflect a guilty plea rather than a jury verdict. |
Henry | Court of Criminal Appeals | |
State of Tennessee v. Calvin Owens
The Defendant, Calvin Owens, was convicted of two counts of aggravated robbery, one count of attempt to commit especially aggravated robbery, and one count of attempted second degree murder, all Class B felonies. After a sentencing hearing, the trial court sentenced him as a Range I offender to eleven years for each of his four convictions. The trial court ordered three of the sentences to be served consecutively, with the sentence for the remaining conviction to be served concurrently, resulting in an effective sentence of thirty-three years. In this direct appeal, the Defendant argues that the evidence is insufficient to support his convictions and that the trial court erred in sentencing him to thirty-three years. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
William Terry v. State of Tennessee
Petitioner, William Terry, appeals the post-conviction court’s denial of his petition for post-conviction relief. Petitioner argues that the post-conviction court erred in finding that Petitioner’s plea of guilty was voluntary and knowing and in finding that Petitioner’s trial counsel rendered effective assistance of counsel prior to and during plea negotiations. For the reasons discussed herein, we affirm the post-conviction court’s dismissal of the petition for post-conviction relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Treacy F. Lewis
Defendant, Treacy F. Lewis, entered a plea of nolo contendre to the offense of murder in the second degree. Following a sentencing hearing, the trial court sentenced Defendant to twenty-three years in the Tennessee Department of Correction. Defendant appeals the length of her sentence, arguing that the trial court misapplied enhancement factor (4), the victim was particularly vulnerable because of age and physical disabilities, and failed to give sufficient consideration to the applicable mitigating factors. Defendant does not challenge the application of enhancement factor (9), based upon the use of a gun in the commission of the offense. Based on a review of the record, we conclude that the trial court improperly applied enhancement factor (4) in its sentencing determinations. Accordingly, we modify the judgment of the trial court to reduce the sentence to twenty-two years. |
Humphreys | Court of Criminal Appeals | |
Milburn L. Edwards v. State of Tennessee
Petitioner, Milburn L. Edwards, filed a petition for post-conviction relief, which was subsequently amended. Following an evidentiary hearing, the petition for post-conviction relief was dismissed. On appeal, Petitioner argues (1) that the post-conviction court erred in not stating its findings of fact and conclusions of law in its order denying Petitioner post-conviction relief; (2) that Petitioner received ineffective assistance of counsel at trial and on appeal; and (3) that Petitioner was not afforded a full and fair evidentiary hearing. After a thorough review of the record, we find no error and affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Jerry Lee Cowan v. State of Tennessee
The petitioner, Jerry Lee Cowan, seeks appellate review of the Blount County Circuit Court's denial of his motion to reopen his 1992 post-conviction relief petition. Finding no merit in the appeal, we affirm the lower court's judgment. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Titus Champion
The appellant, Titus Champion, was convicted of robbery pursuant to a bench trial in the Gibson County Circuit Court. The trial court sentenced the appellant as a Range II multiple offender to six years incarceration in the Tennessee Department of Correction. On appeal, the appellant contends that the State did not prove the element of violence as was alleged in the indictment charging the appellant with robbery. Finding the appellant’s argument to have merit, we modify his conviction for robbery to a conviction for theft under $500 and remand to the trial court for sentencing. |
Gibson | Court of Criminal Appeals | |
Carl E. Saine v. State of Tennessee
On September 1, 1977, the petitioner, Carl E. Saine, was convicted by a jury in the Shelby County Criminal Court of one count of rape and one count of assault with the intent to commit murder in the first degree. He was sentenced to ninety-five years imprisonment for his rape conviction and to not less than six years nor more than twenty-one years imprisonment for his assault conviction. Subsequently, the petitioner filed to compel testing of evidence under the Post-Conviction DNA Analysis Act of 2001. The post-conviction court denied the petition and the petitioner timely appealed. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Hoyle Orr
The defendant, Hoyle Orr, appeals as of right from his convictions following a bench trial in the Blount County Circuit Court for driving under the influence (DUI), third offense, a Class A misdemeanor, and driving on a revoked license, a Class B misdemeanor. The defendant received concurrent sentences of eleven months, twenty-nine days for the DUI and six months for driving on a revoked license and was ordered to serve seven months of his sentence in the county jail, the remainder on probation. He was fined one thousand, one hundred dollars and his license was revoked for three years. The defendant contends that (1) the evidence is insufficient to support his conviction for DUI, and (2) the trial court erred by sentencing him to more than the statutory minimum amounts of confinement for the convictions. We affirm the judgments of conviction. |
Blount | Court of Criminal Appeals | |
Andrew Levi Jefferson v. State of Tennessee
The petitioner, Andrew Levi Jefferson, appeals from the Davidson County Criminal Court's denial of post-conviction and habeas corpus relief. In his amended, combined petitions for relief, the petitioner challenges his 2001, guilty-pleaded convictions of second degree murder and attempt to commit especially aggravated robbery. On appeal, the petitioner claims post-conviction relief because his trial counsel were ineffective in failing to defeat the transfer of the petitioner's case from juvenile court to criminal court, in preventing the petitioner from testifying at the transfer hearing, by failing to investigate and discover the petitioner's mental status, and in failing to present a critical issue in pretrial motions. Also, the petitioner claims that his guilty pleas were involuntary and unknowing and that he was denied due process because he was not allowed to testify in the juvenile court transfer hearing. In his joined claim for habeas corpus relief, the petitioner claims that, because of errors in the transfer from juvenile court, the criminal court lacked jurisdiction to adjudicate his case. Based upon our review, we find no reversible error and affirm the actions of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Steven A. Norvell
The defendant, Steven A. Norvell, was convicted by a Davidson County Criminal Court jury of driving under the influence (DUI), third offense, a Class A misdemeanor. The trial court sentenced him to eleven months, twenty-nine days to be served as one hundred forty days in jail and the remainder on probation. In addition, the trial court ordered that he participate in an alcohol evaluation and treatment program, suspended his driving privileges for three years, and imposed a one thousand one hundred dollar fine. The defendant contends that the evidence is insufficient to support his conviction because the state offered no proof that the result of his breathalyzer test was accurate. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Jason Michael Crim v. State of Tennessee
The petitioner, Jason Michael Crim, appeals the trial court's denial of his application for post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel. The judgment is affirmed. |
Montgomery | Court of Criminal Appeals | |
Frank Robert Bigsby v. State of Tennessee - Dissenting
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Rutherford | Court of Criminal Appeals | |
Frank Robert Bigsby v. State of Tennessee
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Rutherford | Court of Criminal Appeals | |
Shannon Pattum v. State of Tennessee
The petitioner, Shannon Pattum, appeals from the Davidson County Criminal Court’s denial of post-conviction relief. He claims that his 1999 conviction for attempt to commit second degree murder is the result of ineffective assistance of counsel and an unknowing, involuntary guilty plea. The lower court disagreed and dismissed the petition. Upon our review of the record, the briefs of the parties, and the applicable law, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Mark Maynard
The defendant, Mark Steve Maynard, appeals from the Montgomery County Circuit Court's ruling on a probation violation warrant. On September 11, 2002, the court revoked the defendant's October 20, 2000 probation that had resulted from four felony bad check convictions. The court ordered the defendant to serve his original effective sentence of eight years in the Department of Correction. Although the defendant admitted that he had violated his probation, he challenges the trial court's decision to require him to serve the original sentences in incarceration. Discerning no error in the lower court's judgment, we affirm. |
Montgomery | Court of Criminal Appeals | |
Michael T. Guthrie v. State of Tennessee
The petitioner appeals the summary dismissal of his post-conviction petition, alleging that proof of counsel's substance abuse was a "late-arising" claim that involved due process concerns. The petitioner also challenged his hybrid sentence as to voluntary manslaughter as illegal and unconstitutional. We affirm the trial court's dismissal. |
Lincoln | Court of Criminal Appeals | |
Bobby D. Canada v. State of Tennessee
The petitioner was indicted for first degree murder and aggravated arson. Pursuant to a plea agreement, he pled guilty to second degree murder and setting fire to personal property. The petitioner filed for post-conviction relief, contending that he received ineffective assistance of counsel and that his guilty plea was not knowing and voluntary. The post-conviction court denied the petitioner relief. The judgment of the post-conviction court is affirmed. |
Campbell | Court of Criminal Appeals | |
State of Tennessee v. Dominic O. Woods
The defendant contends on appeal that the trial court erred in denying alternative sentencing. The defendant pled guilty to possession of crack cocaine (Schedule II controlled substance) with intent to sell (Class B felony). He agreed to an eight-year sentence, with the manner of service to be determined at a sentencing hearing. The trial court ordered the sentence to be served in the Tennessee Department of Correction, based on the defendant’s prior criminal record and his inability to reform his conduct. The judgment of the trial court is affirmed. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Steven Brian Wooley
A Madison County jury convicted the defendant, Steven Brian Wooley,1 of theft of property over $10,000. The trial court sentenced him to four years in confinement as a Range I standard offender. On direct appeal, the defendant contends he received ineffective assistance of counsel at trial. We affirm the judgment of the trial court |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Melissa A. Mellinger
The appellant, Melissa A. Mellinger, was convicted by a jury in the Wilson County Criminal Court of two counts of first offense driving under the influence (DUI), Class A misdemeanors. The trial court merged the convictions, imposed a three hundred fifty dollar ($350) fine, and sentenced the appellant to eleven months and twenty-nine days to be suspended upon serving two hundred seventy-three (273) days in the county jail. The trial court also suspended the appellant's driver's license for one year. On appeal, the appellant argues that the sentence imposed by the trial court was excessive. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Kenneth E. Coffey
The Johnson County Grand Jury indicted the Defendant, Kenneth E. Coffey, for possession with intent to sell and deliver 241.1 grams of marijuana, in violation of Tennessee Code Annotated section 39-17-417 (Supp. 2000). Following the trial court's denial of the Defendant's motion to suppress evidence, the Defendant pled guilty to Possession of Marijuana for Purpose of Sale. The trial court sentenced the Defendant to one year in prison and imposed a $2,000.00 fine. The Defendant reserved the right to appeal a certified question of law regarding the trial court's denial of his motion to suppress. Finding no error, we affirm the trial court's judgment. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Pence
The defendant pled guilty to aggravated assault in exchange for a three-year sentence to be served on supervised probation with the trial court to determine the amount of restitution. Following a sentencing hearing, the trial court ordered the defendant to pay approximately $7,900.00 in restitution. In this appeal, the defendant argues: (1) the trial court erred in refusing to allow proof at sentencing regarding the circumstances surrounding the offense; and (2) the trial court erred in imposing restitution for the victim’s lost wages, attorney’s fees, and bond expenses, the latter two expenses resulting from the victim’s defending himself against baseless criminal charges brought by the defendant. We affirm the trial court’s decision regarding the admissibility of evidence and its order requiring the defendant to pay restitution for the victim’s lost wages; we reverse the portion of the judgment which requires the defendant to pay restitution for the victim’s attorney’s fees and bond expenses. |
Gibson | Court of Criminal Appeals | |
Corwyn E. Winfield v. State of Tennessee
The petitioner appeals the denial of post-conviction relief relating to his conviction for second degree murder. He argues: (1) the trial court at his original trial improperly instructed the jury regarding the definition of “knowing”; (2) the prosecutor committed misconduct during closing argument at the original trial; and (3) he did not receive the effective assistance of counsel at trial and on appeal. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Darrow Lynn Williams v. State of Tennessee
The petitioner, Darrow Lynn Williams, seeks post-conviction relief from his 2001 second degree murder conviction. The Tipton County Circuit Court denied post-conviction relief, and now on appeal, the petitioner claims that his trial counsel was ineffective in failing to prepare and devise a trial strategy. Because the record supports the lower court’s decision, we affirm the dismissal of the post-conviction petition. |
Tipton | Court of Criminal Appeals |
