Odean Cooper v. State of Tennessee
The petitioner appeals the lower court’s denial of his post-conviction relief petition following his guilty plea to possession of less than .5 grams of cocaine with intent to deliver. On appeal, the petitioner contends: (1) he received ineffective assistance of counsel; and (2) he did not knowingly and voluntarily enter his guilty plea. We affirm the judgment of the post-conviction court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. James Stacy Carroll
The defendant, James Stacy Carroll, appeals from his Carroll County Circuit Court conviction of driving a vehicle in violation of a motor vehicle habitual offender order. He challenges the sufficiency of the convicting evidence. We hold that the evidence is sufficient to support the conviction and affirm the conviction. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Thelisa Emery and Maurice Emery
The defendants, Thelisa Emery and Maurice Emery, sister and brother, were each convicted in a joint jury trial of possession with intent to sell .5 grams or more of cocaine, possession of marijuana, and possession of drug paraphernalia. On appeal, Thelisa Emery claims that the convicting evidence is insufficient and that the trial court erred in not severing the defendants’ trials, in allowing testimony about Thelisa Emery’s use of cocaine, in allowing evidence of her prior sale of cocaine, and in instructing the jury as to her guilt via criminal responsibility for the acts of Maurice Emery. Maurice Emery raised some of the same issues, but because he failed to file a timely motion for new trial, appellate review of his convictions is limited to the sufficiency of the convicting evidence. Discerning no reversible error with respect to either defendant, we affirm the judgments of the trial court. |
Gibson | Court of Criminal Appeals | |
Ricco Saine v. State of Tennessee
Aggrieved that the lower court denied post-conviction relief following an evidentiary hearing, the petitioner, Ricco Saine, appeals and claims that his aggravated burglary conviction resulted from ineffective assistance of counsel and an involuntary guilty plea. We affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
Quincy Henderson v. State of Tennessee
The petitioner, Quincy Henderson, appeals the Shelby County Criminal Court’s dismissal of his post-conviction petition, in which he claimed that his second degree murder conviction was constitutionally infirm because of ineffective assistance of trial counsel. Upon our review of the record, the parties’ briefs, and the applicable law, we affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v . Sandy Marie McKay
The defendant, Sandy Marie McKay, pled guilty to attempted aggravated child neglect, a Class B felony. After a hearing, the trial court sentenced the defendant as a Range I standard offender to nine years in the Department of Correction. The defendant now appeals, contesting both the length and manner of service of her sentence. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. David Sonnemaker
The Defendant, David W. Sonnemaker, appeals from the Hamilton County Criminal Court's revocation of his probation that he received for his guilty plea to sexual battery. The Defendant contends that: (1) he did not receive effective assistance of counsel at his probation revocation hearing; and (2) he was not provided adequate notice of the probation violation or given an opportunity to be heard. We affirm the lower court's judgment. |
Hamilton | Court of Criminal Appeals | |
Allen R. Carlton, pro se v. State of Tennessee
The Petitioner, Allen R. Carlton, 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. |
Davidson | Court of Criminal Appeals | |
Harold Woodroof, pro se v. State of Tennessee
The Petitioner, Harold Woodroof, appeals the trial court's denial of his petition for 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, Rules of the Court of Criminal Appeals. The Petitioner failed to file his post-conviction petition within the one year statute of limitations. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael Lenard Hall
Michael Lenard Hall appeals from his Knox County Criminal Court conviction of first degree murder of his ex-wife, Pamela Hall. He claims that insufficient evidence supports his conviction, that the jury instructions were flawed, and that the prosecution denied him a fair trial through improper questioning of witnesses and improper argument. Because we agree with the defendant that the state failed to present sufficient proof of premeditation, we modify the first degree murder conviction and impose a second degree murder conviction in its place. However, we are unpersuaded of error warranting a new trial. We remand for sentencing on the second degree murder conviction. |
Knox | Court of Criminal Appeals | |
Jason Blake Bryant v. State of Tennessee
The petitioner filed a Petition for Post-conviction Relief September 26, 2001. After holding a hearing on the petition, the trial court denied the petition. The petitioner appealed the trial court's decision. We have reviewed the petitioner's many issues, including allegations of ineffective assistance of counsel and entry of an involuntary guilty plea, and we affirm the trial court's decision to deny the petition for post-conviction relief. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Robert Simerly
The defendant, Robert Simerly, appeals from his Johnson County Criminal Court conviction of first degree felony murder. On appeal, he claims: 1. The convicting evidence is insufficient. 2. The trial court erred in allowing evidence of non-testifying co-defendants' and accomplices' statements that inculpated the defendant. 3. The trial court erred in denying a mistrial when (a) an officer testified that, during pretrial questioning, the defendant requested an attorney, and (b) another witness testified that he had been threatened during the trial. 4. The trial court erred in the admission of expert testimony. 5. The trial court erred in the admission of a prejudicial videotape that depicted the deceased victim's face. 6. The trial court erred in excluding the defendant's proffered evidence of judgments of convictions of two state witnesses. 7. The trial court erred in failing to instruct the jury on a lesser included offense. Discerning no reversible error in the proceedings below, we affirm the judgment. |
Johnson | Court of Criminal Appeals | |
Joe Martin v. State of Tennessee
The petitioner appeals the denial of his post-conviction relief petition relating to his convictions for first degree murder, attempted first degree murder, and attempted second degree murder. On appeal, the petitioner contends: (1) the state withheld exculpatory evidence; (2) the state failed to correct perjured testimony at trial; and (3) he received ineffective assistance of counsel at trial. Upon review of the record and the applicable law, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Kevin Tate, pro se., v. Bruce Westbrook, Warden
The Petitioner, Kevin Tate, 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. |
Shelby | Court of Criminal Appeals | |
Eddie Dean Hall v. State of Tennessee
Petitioner, Eddie Dean Hall, pled guilty to two counts of first degree murder and received concurrent sentences of life without parole. No direct appeal was taken. Petitioner timely filed a petition for post-conviction relief, alleging that counsel was ineffective and that his guilty plea was not knowingly and voluntarily entered. Petitioner appeals from the trial court's denial of post-conviction relief. After a careful review of the record, we affirm the judgment of the trial court. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. James Anthony Hill
The defendant, James Anthony Hill, was convicted of possession of a weapon in a penal institution, a Class C felony, and sentenced as a Range III, persistent offender to thirteen years in the Department of Correction. On appeal, he argues: (1) the trial court erred in not instructing the jury as to the lesser-included offense of possession of a prohibited weapon; (2) the evidence was insufficient to support his conviction; and (3) his sentence is excessive. Following our review, we affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Darrell Davon King
After being indicted on two counts of rape by force, two counts of rape, two counts of incest, and one count of sexual battery, the appellant, Darrell Davon King, pled guilty to two counts of rape, for which he received two, concurrent eight-year sentences at 100% service. The manner of the service of the sentences was left open. The trial court subsequently ordered the appellant to serve the sentences in incarceration. On appeal, the appellant argues that the trial court erred in denying him probation or community corrections. Upon review of the record and the parties' briefs, we conclude that the trial court erred in failing to state on the record its reasons for denying probation and/or a community corrections sentence. As a result we REVERSE the trial court's sentencing order and REMAND with directions that the trial court make specific findings of fact with respect to its sentencing determinations |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Joey Thomas Holland
The Appellant, Joey Thomas Holland, appeals the judgment of the Robertson County Circuit Court denying his petition for writ of error coram nobis. Holland was convicted by a jury of two counts of aggravated sexual battery of his minor son. Holland alleges that his convictions should be set aside because the victim recanted his trial testimony. After a thorough review of the record, we affirm the decision of the trial court denying the petition. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Robert Allen Crawford
The defendant was convicted by a Washington County Criminal Court jury of first degree felony murder in the perpetration of an aggravated burglary; criminally negligent homicide, a Class E felony; aggravated burglary, a Class C felony; aggravated assault, a Class C felony; and reckless endangerment, a Class E felony. The trial court merged the conviction for criminally negligent homicide with the conviction for first degree murder, and the defendant received concurrent sentences of life for the first degree murder conviction, four years for the aggravated burglary conviction, three years for the aggravated assault conviction, and one year for the reckless endangerment conviction. He raises two interrelated issues on appeal: whether the evidence was sufficient to support his felony murder conviction and whether the aggravated burglary count of the indictment was fatally defective for failing to name a victim for the underlying intended assault, thereby invalidating his convictions for aggravated burglary and first degree murder. Following our review, we affirm the judgments of the trial court. |
Washington | Court of Criminal Appeals | |
State of Tennessee v. Jared Singleton
The defendant, Jared Singleton, entered pleas of guilt to forgery, a Class E felony, and criminal impersonation, a Class B misdemeanor. After denying the defendant's request for judicial diversion under Tennessee Code Annotated section 40-35-313, the trial court imposed concurrent sentences of two years for the forgery and six months for the criminal impersonation. Probation was to be granted after service of 30 days in the county workhouse. In this appeal of right, the defendant contends that the trial court abused its discretion by denying judicial diversion. The judgment of the trial court is reversed and the defendant is granted judicial diversion. The cause is remanded to the trial court for the imposition of conditions of the probationary term. |
Warren | Court of Criminal Appeals | |
Roger T. Johnson, Pro Se v. State of Tennessee
The Petitioner, Roger T. Johnson, 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. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. James Lee Foreman, II
A Montgomery County Circuit Court jury convicted the defendant, James Lee Foreman, II, of two counts of rape, a Class B felony. The trial court merged the convictions and sentenced the defendant as a violent offender to ten years in confinement. The defendant appeals, claiming that his sentence is excessive. Having determined that we lack jurisdiction in the case, the defendant's appeal is dismissed. |
Montgomery | Court of Criminal Appeals | |
Tony G. Smith v. State of Tennessee
The petitioner, Tony G. Smith, appeals as of right from the order of the Davidson County Criminal Court holding that his petition for post-conviction relief was barred by the statute of limitations and dismissing the petition without appointing counsel or holding an evidentiary hearing. The petitioner is seeking relief from his convictions for attempted first degree murder and stalking and his effective twenty-nine-year sentence. The petitioner contends that the trial court erred in its finding that the petitioner did not allege any circumstances that would qualify as an exception to the one-year statute of limitations for filing post-conviction relief. We affirm the trial court's dismissal of the petition |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Troy Billingsley
The Defendant, Troy D. Billingsley, pled guilty to Driving After Being Declared an Habitual Motor Vehicle Offender, Felony Driving Under the Influence of an Intoxicant ("DUI") and Failure to Appear in the Circuit Court for Moore County. After a sentencing hearing, the trial court imposed an aggregate sentence of fifteen years in prison. On appeal, the Defendant contends that his sentence was excessive and contrary to law. Finding no reversible error, we affirm the trial court's judgments. |
Moore | Court of Criminal Appeals | |
Carlos Williams v. State of Tennessee
The Appellant, Carlos Williams, appeals the summary dismissal of his pro se petition for post-conviction relief. On appeal, Williams acknowledges that the instant petition was not timely filed; however, he alleges that a prior petition was timely delivered to the appropriate prison official for filing but apparently never received by the Shelby County Criminal Court Clerk. For this reason, we find it necessary to vacate the post-conviction court's ruling and remand for a determination of whether Williams’ prior petition was timely filed. |
Shelby | Court of Criminal Appeals |
