State of Tennessee v. Khamphonh Xayyasith
The Defendant, Khamphonh Xayyasith, was convicted by a Davidson County Criminal Court jury of three counts of aggravated assault, a Class C felony, and domestic assault, a Class A misdemeanor. See T.C.A. §§ 39-13-102 (2018) (subsequently amended) (aggravated assault); 39-13-111 (2018) (domestic assault). The trial court merged the aggravated assault convictions and imposed concurrent sentences of fifteen years for aggravated assault and eleven months, twenty-nine days for domestic assault. On appeal, the Defendant contends that (1) the evidence is insufficient to support his aggravated assault convictions, (2) the trial court erred by admitting a recorded jail telephone call, and (3) his sentence is excessive. We affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Reginald Bond
The defendant, Reginald Bond, appeals the Madison County Circuit Court’s order revoking his probation and ordering him to serve the balance of his six-year sentence in confinement. Discerning no error, we affirm. |
Madison | Court of Criminal Appeals | |
Dennis Allen Rayfield v. State of Tennessee
The petitioner, Dennis Allen Rayfield, appeals the denial of his petition for post-conviction relief, which petition challenged his conviction of first degree murder, alleging that the trial court committed errors which deprived him of his constitutional rights to due process and a fair trial and that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of post-conviction relief. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Emmanuel Wallace
Emmanuel Wallace, Defendant, and co-defendant Joshua Aretz were indicted for their roles in the shooting death of Savon Easterling in Clarksville in August of 2015. Defendant was indicted for premeditated murder, felony murder, and aggravated robbery. Defendant elected to proceed to trial. After the presentation of the proof, the trial court granted a motion for judgment of acquittal with respect to the offense of aggravated robbery. The trial court submitted the lesser-included offenses of attempted aggravated robbery, attempted robbery, and attempted theft of property for the jury’s consideration. After deliberating, the jury found Defendant guilty of second degree murder and felony murder but not guilty of attempted aggravated robbery and all lesser included offenses. The trial court sentenced Defendant to an effective life sentence after merging the convictions. After the denial of a motion for new trial, Defendant appealed to this Court. On appeal, Defendant argues that the jury’s verdict was inconsistent because he was found guilty of felony murder and not guilty of the underlying felony. He also argues that the trial court improperly responded to a jury question in violation of Tennessee Rule of Criminal Procedure 30(c). After a thorough review of the record and the briefs, we determine that Defendant is not entitled to relief. Consequently, the judgments of the trial court are affirmed. |
Montgomery | Court of Criminal Appeals | |
Johnny Lee Jenkins v. State of Tennessee
The Petitioner, Johnny Lee Jenkins, was convicted of voluntary manslaughter, attempted voluntary manslaughter, and two counts of employing a firearm during the commission of a dangerous felony. One of the counts of employing a firearm during the commission of a dangerous felony was dismissed after the Petitioner filed a motion for new trial, and this court reversed and vacated the voluntary manslaughter conviction on direct appeal and remanded the case for entry of corrected judgments to reflect a conviction for reckless homicide. On appeal, the Petitioner asserts that he received ineffective assistance of counsel, specifically contending that trial counsel failed to argue the inclusion of lesser-included offenses. Upon our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Courtney Perry
The Petitioner, Courtney Perry, appeals the summary dismissal of his “Motion to Correct Illegal Sentence” pursuant to Tennessee Rule of Criminal Procedure 36.1. Upon our review, we affirm the summary dismissal of the motion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Zacarias Salas-Rufino
Aggrieved of his Hamilton County Criminal Court jury conviction of second degree murder, the defendant, Zacarias Salas-Rufino, appeals, challenging the admission of certain telephone calls and the testimony of the medical examiner on the issue of “excited delirium.” Discerning no error, we affirm. |
Hamilton | Court of Criminal Appeals | |
Michael Bailey v. State of Tennessee
The pro se Petitioner, Michael Bailey, appeals the denial of his petition for post-conviction relief in seven cases that resulted in his convictions for eight counts of aggravated robbery and one count of aggravated assault and an effective sentence of two consecutive life terms without the possibility of parole. Based on our 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. Clarence Willis Moore, Jr.
The Wilson County Grand Jury charged Defendant, Clarence Willis Moore, Jr., with four counts of selling 0.5 grams or more of cocaine within 1,000 feet of a child care agency in violation of the Drug-Free School Zone Act. Following trial, a jury convicted Defendant in counts one and three of sale of “Schedule II, cocaine, within 1,000 feet of a school zone.”[1] The jury found Defendant not guilty in counts two and four. At the sentencing hearing, the trial court determined that Defendant’s Class B felony convictions were not subject to a one classification increase under Tennessee Code Annotated section 39-17-432(b)(1) because the offenses occurred within the prohibited zone of a childcare center. See Tenn. Code Ann. § 39-17-432(b)(3) (2016). The court sentenced Defendant as a Range III persistent offender to twenty-five years in Count 1 and twenty-two years in Count 3, ran the sentences consecutively, and imposed a fine of $2,000 on each count. Pursuant to Tennessee Code Annotated section 39-17-432(c), the court ordered Defendant to serve the minimum twenty-year sentence on each count. Following a thorough review of the record and applicable law, we conclude that the evidence was insufficient to prove that the offenses occurred within 1,000 feet of a childcare center or a child care agency. Because the evidence was insufficient to establish a violation of section 39-17-432(b), the court erred in ordering Defendant to serve the minimum sentences for the two Class B felonies. Accordingly, we affirm the judgments of conviction and the total effective sentence of forty-seven years with a release eligibility of forty-five percent but modify the sentence to exclude the harsher penalty requiring service of the twenty-year minimum sentence on each count. We remand for entry of new judgments of conviction for Counts 1 and 3 consistent with this opinion. |
Wilson | Court of Criminal Appeals | |
Larry Lee Johnson v. State of Tennessee
The Petitioner, Larry Lee Johnson, appeals from the Shelby County Criminal Court’s summary dismissal of his petition for writ of error coram nobis, wherein he claimed that first coram nobis counsel refused to amend the original coram nobis petition after discovery of two witnesses’ statements that might have led to a different result had they been available at trial. The Petitioner contends that the coram nobis court erred by summarily dismissing his petition as having been untimely filed and for failing to state a cognizable claim for relief. Following our review, we affirm the judgment of the coram nobis court. |
Shelby | Court of Criminal Appeals | |
Revail Murphy v. State of Tennessee
The Petitioner, Revail Murphy, pled guilty in two separate cases to aggravated assault and sexual battery, respectively. The trial court sentenced the Petitioner as a Range III, persistent offender to a total effective sentence of ten years, to be served at forty-five percent. On appeal, the Petitioner asserts that he received ineffective assistance of counsel, contending that his guilty plea for aggravated assault was not “knowingly, voluntarily, and intelligently entered.” Upon our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Walter Shegog v. State of Tennessee
In 2014, the Petitioner, Walter Shegog, was convicted of theft of property valued at more than $1,000 but less than $10,000. The Petitioner received a twelve-year sentence as a Career Offender and later appealed his conviction to this court. We affirmed the judgment of the trial court. State v. Walter Shegog, No. W2014-02440-CCA-R3-CD, 2015 WL 12978195 (Tenn. Crim. App., at Jackson, Oct. 13, 2015), perm. app. denied (Tenn. Feb. 19, 2016). Subsequently, the Petitioner filed a petition for post-conviction relief alleging that the State had committed a Brady violation by withholding exculpatory evidence and that he had received the ineffective assistance of counsel on multiple bases. After a hearing, the post-conviction court denied the petition, and the Petitioner appeals. After review, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Raymond Brandon Saffles
The Defendant, Raymond Brandon Saffles, was charged by criminal information with one count of arson, and he entered a guilty plea to this charge the same day. See Tenn. Code Ann. § 39-14-301. The trial court, after accepting his plea agreement, sentenced the Defendant to six years, suspended this sentence, and then ordered the Defendant to serve 364 days in jail before serving six years on supervised probation. The trial court also ordered that the Defendant have no contact with the victim or her property and that restitution would be determined at a later hearing. Following this hearing, the trial court entered a restitution order requiring the Defendant to pay restitution in the amount of $99,017.78 with a payment schedule of $50 per month for the length of his probationary sentence, which the trial court determined to be six years. On appeal, the Defendant argues: (1) the trial court erred ordering him to pay nearly $100,000 in restitution and to pay $50 per month over the term of his probation; and (2) no amount of restitution is appropriate because his Social Security benefits are exempt from court-ordered collection under 42 U.S.C. § 407(a) and that even if his benefits are not exempt, he does not have the ability to pay any amount toward restitution. We reverse the judgment of the trial court as to restitution and remand this case for entry of a corrected judgment of conviction and probation order and for a new restitution hearing consistent with this opinion. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. Christopher D. Todd
Following a bench trial, the defendant, Christopher D. Todd, was convicted by the Robertson County Circuit Court with possession of marijuana with intent to sell, possession of marijuana with intent to deliver, and possession of drug paraphernalia, and he was sentenced to an effective term of eighteen months’ incarceration. On appeal, the defendant argues that he received ineffective assistance of counsel due to counsel’s failure to file a motion to suppress challenging the legality of the initial stop of his vehicle. Upon our review of the record and the applicable law, we affirm the judgment of the trial court. |
Robertson | Court of Criminal Appeals | |
Tommy Taylor v. Johnny Fitz, Warden
The Petitioner, Tommy Taylor, appeals as of right from the Lauderdale County Circuit Court’s summary dismissal of his petition for writ of habeas corpus, in which he contended that his thirteen-year sentence was illegal and that his guilty plea was void because the affidavit of complaint and arrest warrant were not signed by a magistrate or a neutral and detached court clerk. On appeal, the Petitioner contends that summary dismissal was improper and that the petition stated a cognizable claim for habeas corpus relief. Discerning no error, we affirm the judgment of the habeas corpus court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Stephen C. Wallick
A Dickson County jury convicted the defendant, Stephen C. Wallick, for the Class B felony of theft of property valued over $60,000 but less than $250,000. The trial court imposed a sentence of eight years in the Tennessee Department of Correction, suspended to supervised probation, and ordered the defendant pay $60,000 in restitution. The defendant filed this timely appeal, challenging the evidence supporting his conviction. Following our review, we affirm the judgment of the trial court. |
Dickson | Court of Criminal Appeals | |
Windie L. Perry v. State of Tennessee
The Petitioner, Windie L. Perry, appeals from the Montgomery County Circuit Court’s denial of her petition for post-conviction relief from her convictions for two counts of especially aggravated kidnapping, two counts of aggravated child abuse, one count of facilitation of rape of a child, two counts of false imprisonment, and six counts of reckless endangerment and her effective twenty-year sentence. On appeal the Petitioner contends that the post-conviction court erred by denying relief on her ineffective assistance of counsel claims. We affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Frederick Dean Givens
Following the denial of a suppression motion, the defendant, Frederick Dean Givens, pled guilty to possession of more than 0.5 grams of methamphetamine with the intent to sell or deliver, simple possession of marijuana, and possession of a firearm by a convicted felon. As a condition of his plea agreement, the defendant reserved the right to appeal two certified questions of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(A). Upon our review, we conclude the issues are not dispositive of the defendant’s case, and the appeal is dismissed. Additionally, we remand the case for entry of judgment forms in counts 3 and 4. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Paul D. Page
The defendant, Paul D. Page, pleaded guilty to two counts of sale of 0.5 grams or less of methamphetamine, and the trial court imposed an effective sentence of nine years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court erred in denying his request to serve his sentence on probation. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. |
Clay | Court of Criminal Appeals | |
James Morrow v. State of Tennessee
In 1998, the Petitioner, James Morrow, was convicted of two counts of first-degree premeditated murder and sentenced to life imprisonment. The Petitioner appealed his convictions to this court, and we affirmed the judgments. State v. James Morrow, No. W1998-0583-CCA-R3-CD, 1999 WL 1529719 (Tenn. Crim. App., at Jackson, Dec. 29, 1999), perm. app. denied (Tenn. June 26, 2000). Subsequently, the Petitioner filed a petition for post-conviction relief, which the post-conviction court dismissed after multiple hearings. After review, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
Errol Johnson v. State of Tennessee
The Petitioner, Errol Johnson, appeals as of right from the Shelby County Criminal Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions for aggravated child neglect and criminally negligent homicide. On appeal, the Petitioner asserts that he was denied the right to represent himself at trial and that he received the ineffective assistance of trial counsel because counsel failed to advise him that the State could introduce rebuttal evidence after he testified. Following our review, we affirm. |
Shelby | Court of Criminal Appeals | |
Robert Derrick Johnson v. State of Tennessee
The Petitioner, Robert Derrick Johnson, appeals as of right from the Bedford County Circuit Court’s denial of his petition for post-conviction relief, wherein he challenged his conviction for robbery. On appeal, the Petitioner asserts that he received the ineffective assistance of trial counsel because counsel failed to (1) advise him of a statutory right to at least fourteen days to prepare for trial, see Tennessee Code Annotated § 40-14-105; (2) file a motion to continue the trial; (3) suppress the victim’s in-court identification of the Petitioner; (4) file a motion or object at trial to the destruction of video-recorded evidence; and (5) challenge the Petitioner’s second trial as violative of double jeopardy. The Petitioner also contends that the post-conviction court erred by striking his pro se amendment to the post-conviction petition. Following our review, we affirm. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Terrance F. Arnold
The Appellant, Terrance F. Arnold, appeals the Henderson County Circuit Court’s revocation of his probation, arguing that there was no “substantial evidence” that he violated his probation. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Quindarius Lamonta Jordan
The Defendant, Quindarius Lamonta Jordan, pleaded guilty in the Davidson County Criminal Court to attempted second degree murder, a Class B felony, aggravated assault, a Class C felony, and unlawful possession of a firearm, a Class A misdemeanor See T.C.A. §§ 39-13-210 (2018) (second degree murder); 39-12-101 (2018) (criminal attempt); 39-13102 (2018) (aggravated assault); 39-17-1307 (2018) (unlawful weapon possession). The trial court imposed eleven years for attempted second degree murder, five years for aggravated assault, and eleven months, twenty-nine days for the firearm violation. The court imposed partial consecutive service, for an effective sixteen-year sentence. On appeal, the Defendant contends that the trial court erred by ordering confinement and consecutive service. Although we affirm the judgments of the trial court, we remand the case for the entry of judgment forms reflecting a dismissal of the charges in indictment Counts 1, 4, 5, and 6. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Robert Joseph McBride
Defendant, Robert Joseph McBride, was indicted by the Bedford County Grand Jury for one count of aggravated sexual exploitation of a minor involving a number of materials exceeding 25; eight counts of sexual exploitation of a minor, each involving a number of materials exceeding 100; and one count of sexual exploitation of a minor involving a number of materials exceeding 50. Following the trial court’s denial of Defendant’s motion to suppress evidence obtained pursuant to a warrant to search Defendant’s house and computer, Defendant entered guilty pleas to eight counts of sexual exploitation of a minor involving materials exceeding 100, all Class B felonies. The agreed upon sentence was 12 years on each count, to be served concurrently. Defendant reserved for our review eight certified questions of law. We conclude that only Defendant’s question regarding the staleness of the information supporting the search warrant, is dispositive. After reviewing the record and the applicable law, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals |
