State of Tennessee v. Daniel L. Scott
The appellant, Daniel L. Scott, entered a best interest guilty plea in the Shelby County Criminal Court to one count of animal fighting, one count of cruelty to animals, and one count of keeping unvaccinated dogs. The trial court sentenced the appellant to incarceration in the Shelby County workhouse for one year for the animal fighting conviction, six months for the animal cruelty conviction, and thirty days for the keeping unvaccinated dogs conviction. The trial court further ordered that the sentences be served concurrently. The appellant requested probation, which request the trial court denied. On appeal, the appellant raises the following issue for our review: whether the trial court erred in denying the appellant probation. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Wheatley Jamar Graham, III
After a jury trial, Defendant, Wheatley Jamar Graham, III, was convicted of two counts of attempted first degree murder, three counts of aggravated assault and possession of a weapon in commission of a felony. Defendant was sentenced to twenty-four (24) years incarceration as a Range I offender for two counts of attempted first degree murder, 4.5 years incarceration for three counts of aggravated assault and 1.9 years for possession of a weapon in the commission of a felony. The trial court ordered all sentences to be served concurrently, but merged two counts of aggravated assault with the two counts of attempted first degree murder. In this appeal as of right Defendant contends: (1) the evidence is insufficient to convict Defendant of attempted first degree murder in counts 3 and 4 of the indictment; (2) whether the trial court erred by permitting the State to introduce evidence that Defendant refused to permit law enforcement officers to obtain a "hand swab" from him; and (3) whether the trial court erred in not dismissing Defendant's convictions for aggravated assault in counts 7 and 8 instead of merging these convictions with counts 3 and 4, attempted first degree murder, as being in violation of the prohibition against double jeopardy. We conclude that the evidence in this record supports Defendant's convictions for attempted first degree murder, and that the trial court did not abuse its discretion by ruling Defendant's refusal for hand swabs was admissible and the trial court's merging of the two counts of aggravated assault with the attempted first degree murder conviction was not double jeopardy. Thus, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Margo Ellis
The Appellant, Margo Ellis, appeals from the Henderson County Circuit Court's judgment revoking her sentence of community corrections. Following revocation, Ellis' three-year sentence was ordered to be served in the Department of Correction. At the time of Ellis' indictment and on the date her guilty plea was entered, the trial judge who presided at Ellis' revocation hearing was employed as an assistant district attorney in the same office that prosecuted Ellis. On appeal, Ellis raises one issue for our review: Whether "the trial court erred by neglecting to disqualify himself from presiding over [her] revocation hearing." After review, we find no error and affirm the trial court's judgment. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Ralph Phillips
The Defendant, Ralph Phillips, appeals as of right from the sentence imposed by the trial court, asserting that the trial court erred by denying his request for community corrections. We find no error; thus, we affirm the judgment of the trial court. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Jimmy Wardel Glenn
The Defendant, Jimmy Wardel Glenn, was convicted by a jury of possession with intent to deliver over .5 grams of cocaine. He was subsequently sentenced as a Range I, standard offender to nine years incarceration. In this appeal as of right, the Defendant asserts that the trial court erred by failing to grant a mistrial after a comment made by the State during its opening statement and that the evidence was insufficient to support the conviction. We find no error; thus, we affirm the judgment of the trial court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Bobby J. Armstrong
The Appellant, Bobby J. Armstrong, appeals from the dismissal of his petition for post-conviction relief. Armstrong's convictions stem from his guilty pleas to two counts of felony murder and two resulting consecutive sentences of life without the possibility of parole. In this appeal, Armstrong raises the following issues for our review: (1) whether the guilty plea was knowingly, intelligently and voluntarily made; and (2) whether trial counsel was ineffective for failing to request a competency hearing to determine Armstrong's mental condition. After review, we find Armstrong's guilty plea was knowing, intelligent and voluntary and that he received effective assistance of counsel. As such, we affirm the judgment of the Madison County Circuit Court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Joe L. Patrick, Sr.
This is an appeal by the State of Tennessee as to whether the trial court erred in granting the Appellee/Defendant's motion to award program credits toward his release date from the Department of Corrections. After docketing of this case on May 8, 2001, for disposition of the State's appeal, the State filed a motion to consider post-judgment fact pursuant to Tennessee Rules of Appellate Procedures 14(a). After a review of the motion and the attached affidavit in support of the motion, we granted the State's motion. After a review of the entire record, and the motion for post-judgment of fact, we find that the Defendant has been released from the Department of Corrections and, thus, this appeal is dismissed. |
Lauderdale | Court of Criminal Appeals | |
Anthony E. Brasfield v. State of Tennessee
The Appellant, Anthony E. Brasfield, appeals from the dismissal by the Weakley County Circuit Court of his petition for post-conviction relief. On appeal, Brasfield asserts that the trial court erred in finding that his trial counsel was not ineffective by failing to preserve in his direct appeal the issues of (1) the trial court's suppression of his confession to the police and (2) the trial court's failure to charge misdemeanor escape as a lesser-included offense of felony escape. With regard to the first issue, we find that although trial counsel was deficient, no prejudice resulted. With regard to Brasfield's second issue, we find that misdemeanor escape is not a lesser-included offense of felony escape; therefore, no error occurred. Accordingly, the judgment of the post-conviction court is affirmed. |
Weakley | Court of Criminal Appeals | |
Gregory Scott Caudill v. State of Tennessee
A Cocke County grand jury indicted the petitioner on four counts of aggravated robbery and two counts of aggravated assault. On November 28, 1994, the petitioner pled guilty to all six counts. Following a sentencing hearing, he received twelve years on each aggravated robbery and six years on each aggravated assault. The trial court then ran some of the sentences consecutively resulting in an effective sentence of thirty years as a Range I, standard offender. On direct appeal this Court modified the sentence to twenty-four years. State v. Gregory Scott Caudill, No. 03C01-9510-CC-00338, 1997 WL 7009 at *7 (Tenn. Crim. App. at Knoxville, January 9, 1997). The petitioner's application for permission to appeal to the Tennessee Supreme Court was denied. Thereafter, he filed a pro se petition for post-conviction relief alleging errors made with regard to his plea. Counsel was appointed to assist him; an amended petition was filed; and the trial court conducted a hearing thereon. At the conclusion of this hearing, the trial court dismissed the petition. Through this appeal the petitioner avers that the trial court failed to comply with Rule 11 of the Tennessee Rules of Criminal Procedure in taking his plea. More particularly, he alleges that the trial court did not advise him of the mandatory minimum and maximum penalties that he could potentially receive. After reviewing the record, we find that the petitioner's specific claim lacks merit. However, through its brief the State observes that constitutionally mandated advice concerning the petitioner's confrontation rights was not provided by the trial court in its colloquy at the time of the petitioner's plea. Therefore, the State requests that this Court remand the case for a hearing to determine if this omission was harmless. We agree and remand the matter for this purpose. |
Cocke | Court of Criminal Appeals | |
Christopher Stacy Long v. State of Tennessee
The Petitioner pled guilty to first degree felony murder and to forgery, receiving concurrent sentences of life with the possibility of parole and one year's incarceration, respectively. The Petitioner subsequently petitioned the trial court for post-conviction relief. Following an evidentiary hearing, the trial court denied post-conviction relief. The Petitioner now appeals this decision. He argues that he received ineffective assistance of counsel when he entered his pleas of guilty, causing him to enter his pleas involuntarily and unknowingly. Having reviewed the record, we conclude that the Petitioner's representation was not deficient and thus affirm the judgment of the trial court. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Zan Ray McCracken
The defendant appeals from his Sullivan County Criminal Court conviction and sentence for driving under the influence (DUI), second offense, a Class A misdemeanor. The trial court sentenced the defendant to eleven months and 29 days, with a six-month period of confinement, 45 days of which had to be served in continuous confinement. After the six-month confinement period, the defendant would serve the balance of the sentence on supervised probation. The trial court approved a $1,200 fine recommended by the jury. In this direct appeal, the defendant complains that the evidence at trial was insufficient to support his conviction, that the trial court committed reversible error in the guilt phase by allowing the jury to be informed that the defendant previously had been convicted of DUI, and that his sentence is excessive. We affirm the judgment of the trial court but remand for entry of a conforming judgment. |
Sullivan | Court of Criminal Appeals | |
Anthony P. Jones v. State of Tennessee
The petitioner, Anthony P. Jones, pled guilty in the Davidson County Criminal Court to three counts of aggravated sexual battery and received consecutive sentences of ten years for each count for a total effective sentence of thirty years. Subsequently, the petitioner filed a petition for post-conviction relief claiming that he received ineffective assistance of counsel and that his guilty pleas were involuntary and unknowing. The post-conviction court denied his petition. Consequently, the petitioner presents the following issue for our review: whether the post-conviction court erred in denying his claim for post-conviction relief. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Damien Marcess Jackson
The Defendant, Damien Marcess Jackson, was indicted for first degree murder and two counts of attempted first degree murder. A jury convicted the Defendant of second degree murder and two counts of attempted second degree murder. He was subsequently sentenced as a Range I offender to twenty-five years for the murder and twelve years for each of the attempted murders, all to run consecutively. In this appeal as of right, the Defendant challenges the trial court's denial of his motion to suppress; the trial court's refusal to order the State to disclose the identity of a confidential informant; the sufficiency of the evidence; and the length and manner of service of his sentences. We affirm the trial court's judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Earnest Cunningham
The defendant appeals, via certified question of law, the trial court's denial of his motion to suppress cocaine seized as a result of a warrantless search of the defendant's pockets. Because the officer made a lawful full custodial arrest of the defendant and searched the defendant incident to this lawful full custodial arrest, we affirm the trial court's denial of the defendant's motion to suppress. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Kathleen Malley
The Defendant, Kathleen Malley, entered a guilty plea to theft of over $60,000, a Class B felony, in exchange for an agreed sentence of eight years incarceration. Following a sentencing hearing to determine the manner of service of that sentence, the Defendant was ordered to serve six months in jail followed by twelve years of probation. She was also ordered to pay $100,000 in restitution. In this appeal as of right, the Defendant argues that the trial court erred by refusing to grant her full probation. We find no error. Thus, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Lisa Ann Avery
The Defendant was indicted by the Carroll County Grand Jury for one count of introduction of drugs into a penal institution. The Defendant moved for pretrial diversion, but the request was denied by the District Attorney General. The Defendant filed a petition for writ of certiorari with the trial court to review the denial. The trial court denied the petition, finding that the District Attorney General did not abuse his discretion in denying the Defendant's request for pretrial diversion. The Defendant then pled guilty to one count of introduction of drugs into a penal institution and requested judicial diversion. The trial court denied judicial diversion and sentenced the Defendant as a Range I, standard offender to four years incarceration in the Tennessee Department of Correction, suspended after sixty days confinement. The Defendant now appeals, arguing that the trial court erred in denying her pretrial diversion, judicial diversion or full probation. Finding no error, we affirm the judgment of the trial court. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Douglas C. Carr
The appellant, Douglas C. Carr, pled guilty in the Shelby County Criminal Court to one count of driving while an habitual motor vehicle offender. Pursuant to the plea agreement, the petitioner was sentenced as a standard Range I offender to eighteen months incarceration in the Shelby County Correction Center with the manner of service to be determined by the trial court. The trial court denied the appellant alternative sentencing, and, on appeal, the appellant raises the following issue for our review: whether the trial court erred in denying the appellant alternative sentencing. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Anthony Perry
The defendant appeals his convictions for first degree felony murder, especially aggravated kidnapping, and conspiracy to commit felony murder. After careful review, we conclude that the evidence is sufficient to support the defendant's convictions for first degree felony murder and especially aggravated kidnapping. Further, we hold that conspiracy to commit felony murder is not a recognizable offense in Tennessee. Therefore, we affirm the defendant's convictions for first degree felony murder and especially aggravated kidnapping. We reverse and dismiss the defendant's conviction for conspiracy to commit felony murder. |
Shelby | Court of Criminal Appeals | |
Ronald Donnell Moore v. State of Tennessee
The petitioner was originally convicted by a Shelby County jury of first degree murder and received a sentence of life imprisonment. His conviction was affirmed on direct appeal. The petitioner filed a pro se post-conviction petition, counsel was appointed, and the petition was denied. In this appeal, the petitioner alleges that this matter should be remanded to the post-conviction court for a new hearing since he was unable to present his claim for relief. After a thorough review of the record, we conclude that the petitioner is entitled to a new post-conviction hearing. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marcus D. Polk
The petitioner, Marcus D. Polk, pled guilty in the Shelby County Criminal Court to criminal attempt to commit first degree murder, especially aggravated robbery, and first degree murder and received a total effective sentence of life imprisonment plus twenty years. Subsequently, the petitioner filed a petition for post-conviction relief alleging the ineffective assistance of his plea counsel, which petition was denied by the post-conviction court. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Ronald Shipley v. State of Tennessee
The petitioner was originally convicted by a Shelby County jury of rape of a child. The conviction was affirmed on direct appeal. The petitioner sought post-conviction relief, which was denied by the post-conviction court. In this appeal as a matter of right, the petitioner contends that his trial counsel provided ineffective assistance of counsel. After a thorough review of the record, we conclude that the trial court correctly denied post-conviction relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Christopher M. Flake
The defendant was indicted for attempted first degree murder. A Shelby County jury convicted the defendant of the lesser-included offense of attempted voluntary manslaughter, and the trial court sentenced him to four years imprisonment. In this appeal, the defendant alleges: (1) his insanity defense was established by clear and convincing evidence; (2) the trial court erroneously admitted statements made by the defendant and a weapon seized from his vehicle; (3) the trial court erroneously restricted the testimony of a psychiatrist by disallowing his statement that the defendant was committable if found not guilty by reason of insanity, while allowing him to testify that the defendant stated he believed he would be free to go home within 60 to 90 days if adjudicated not guilty by reason of insanity; (4) the trial court erroneously allowed the state to call a psychiatrist because the defense was not notified pre-trial that he would be an expert witness; (5) the trial court improperly found that a psychiatrist was qualified to testify as an expert; and (6) the trial court erroneously refused the defendant's request to have the opening and rebuttal closing arguments. After a through review of the record, we reverse the judgment of conviction, modify the judgment to “Not Guilty by Reason of Insanity,” and remand for further proceedings pursuant to Tenn. Code Ann. § 33-7-303. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Laverne Long
The Defendant, Laverne Long, entered a guilty plea to reckless homicide, a Class D felony, in exchange for a two year sentence as a Range I, standard offender. Following an evidentiary hearing on the Defendant's motion to suspend her sentence, the trial court denied alternative sentencing. The Defendant now appeals as of right from the denial of alternative sentencing. We find no error; thus, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
James Richard Bishop v. State of Tennessee
Petitioner, James Richard Bishop, was convicted of felony murder, especially aggravated kidnapping and aggravated burglary. Following a sentencing hearing, Petitioner was sentenced to life imprisonment for the felony murder and concurrent sentences of twenty years and five years respectively for the especially aggravated kidnapping and aggravated burglary. On appeal, this Court affirmed the judgment of the trial court. State v. James Richard Bishop, No. 03C01-9308-CR-00268, 1994 Tenn. Crim. App. LEXIS 536, at *1, Knox County (Tenn. Crim. App., Knoxville, August 18, 1994), perm. to appeal denied (Tenn. 1994). Petitioner filed a Petition for Post-Conviction Relief in the Knox County Criminal Court, which the post-conviction court subsequently denied. He challenges the denial of his petition, raising the following issue: whether the trial court erred in dismissing his Petition for Post-Conviction Relief, based upon a ruling that Petitioner's allegations of ineffective assistance of counsel were without merit. Based upon our review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Kelly Layne
The defendant, Kelly Layne, appeals his conviction for selling a counterfeit controlled substance, a Class E felony, for which he was sentenced to one year, eight months, all but ninety days to be served in a community corrections program, and fined $2,500. He contends that venue was not proven and that his sentence is excessive. We affirm the conviction and sentence, except we reduce the fine to $1,500. |
Marion | Court of Criminal Appeals |
