Ricky Harris v. Kevin Hampton, Warden
The pro se Petitioner, Ricky Harris, appeals as of right from the Bledsoe County Circuit Court’s order summarily denying his petition for a writ of habeas corpus. The State has filed a motion to dismiss this appeal as untimely or to affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is |
Bledsoe | Court of Criminal Appeals | |
State of Tennessee v. Thomas Massey
The Appellant, Thomas Massey, filed a pro se motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, and the Rutherford County Circuit Court summarily denied the motion. On appeal, the Appellant contends that the effective ten-year sentence he received pursuant to his guilty pleas to aggravated assault and evading arrest is illegal because he is being held beyond the period of incarceration authorized by the judgments of conviction. Based upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
Joseph Nathaniel Nance v. State of Tennessee
In 2009, a Campbell County jury convicted the Petitioner, Joseph Nathaniel Nance, of six counts of rape of a child and one count of aggravated sexual battery, and the trial court sentenced him to sixty-four years of incarceration. The Petitioner appealed his convictions to this court, and we affirmed the judgments. State v. Nance, 393 S.W.3d 212 (Tenn. Crim. App. 2012). Subsequently, the Petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel, which the |
Campbell | Court of Criminal Appeals | |
State of Tennessee v. Kendall Allison Clark
The Defendant, Kendall Allison Clark, pleaded guilty in the Criminal Court for Hamblen County to driving under the influence (DUI), a Class A misdemeanor. See T.C.A. § 55- 10-401 (2018). The trial court sentenced the Defendant to eleven months, twenty-nine days suspended to probation after forty-eight hours in confinement. On appeal, the Defendant presents a certified question of law regarding the legality of the traffic stop. We affirm the judgment of the trial court. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Marilda Evon Green
The Defendant, Marilda Evon Green, appeals from the Jefferson and Grainger County Circuit Courts’ orders revoking her probation based upon her guilty plea to a separate charge of aggravated statutory rape and reinstating her effective six-year sentence. The Defendant contends that the trial court abused its discretion by requiring her to serve the balance of her sentence in custody and subsequently denying her motions to reduce the sentence and petitions for early release. Following our review, we affirm. |
Grainger | Court of Criminal Appeals | |
John Alan Chapman v. State of Tennessee
The petitioner, John Alan Chapman, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial. After our review of the record, briefs, and applicable law, we affirm the denial of the petition. |
Grundy | Court of Criminal Appeals | |
State of Tennessee v. Kevin E. Trent
The Defendant, Kevin E. Trent, was convicted in 2015 upon his guilty plea of vehicular homicide by intoxication, a Class B felony. See T.C.A. § 39-13-213 (2010). The Defendant pleaded guilty as a Range I, standard offender and agreed to an eight-year sentence. The manner of service of his sentence was reserved for the trial court’s determination. On appeal, the Defendant contends that the trial court erred by imposing incarceration rather than an alternative sentence. We reverse the judgment of the trial court and remand the case for the entry of an amended judgment reflecting the sentence of split confinement of time served and the remainder on probation. Upon remand, the trial court is to determine the appropriate conditions of probation. |
Claiborne | Court of Criminal Appeals | |
State of Tennessee v. Edward Dean
The Defendant, Edward Dean, was convicted by a Shelby County Criminal Court jury of attempted second degree murder, a Class B felony; employing a firearm during the commission of a dangerous felony, a Class C felony, and unlawful possession of a firearm by a convicted felon, a Class C felony. He was sentenced by the trial court as a Range I offender to twelve years at 30% for the attempted second degree murder conviction, ten years at 100% for the employment of a firearm conviction, and six years at 30% for the unlawful possession of a firearm conviction. The trial court ordered that the sentences be served consecutively, for an effective sentence of twenty-eight years in the Department of Correction. On appeal, the Defendant challenges the sufficiency of the evidence in support of his attempted second degree murder and unlawful possession of a firearm convictions and argues that the trial court erred in denying his motion to suppress his statement to police, in limiting the testimony of a defense witness physician, in failing to give the jury an instruction on diminished capacity, and in failing to give sufficient weight to mitigating factors in sentencing. Following our review, we affirm the judgments in Counts 1 and 2 but reverse the judgement in Count 3. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Floyd Pete Lynch
The Defendant, Floyd Pete Lynch, was convicted by a Hancock County Criminal Court jury of violating the sexual offender registry, a Class E felony. See T.C.A. § 40-39-208 (2018). He received a sentence of four years’ confinement. On appeal, the Defendant contends that the evidence was insufficient to support his conviction. We affirm the judgment of the trial court. |
Hancock | Court of Criminal Appeals | |
State of Tennessee v. Todd Alan Schmeling
The pro se Defendant, Todd Alan Schmeling, was convicted by a Warren County Circuit Court jury of facilitation of possession of .5 grams or more of methamphetamine with intent to deliver, a Class C felony; facilitation of possession of a firearm during the commission of a dangerous felony, a Class E felony; simple possession of marijuana, a Class A misdemeanor; and possession of drug paraphernalia, a Class A misdemeanor, and was sentenced to an effective term of eight years as a Range II offender in the Department of Correction. On appeal, the Defendant argues that: (1) his due process rights were violated by his lack of access to updated law books in preparation for trial and appeal; (2) he was improperly prosecuted on the possession of a firearm charge; (3) Lieutenant Mara committed “official misconduct” and “official oppression” by a statement he made during the traffic stop; (4) the trial court erred in denying his motion for production of Lieutenant Mara’s statements; (5) the evidence is insufficient to sustain his conviction for facilitation of possession of .5 grams or more of methamphetamine with intent to deliver; (6) his rights to due process and exculpatory evidence were violated vis-à-vis the testing of the drugs by the Tennessee Bureau of Investigation (“TBI”); (7) the State made an improper closing argument; (8) the trial court committed plain error in its jury instruction on possession of a firearm during the commission of a dangerous felony; (9) the notices of enhanced punishment filed by the State were deficient; and (10) the trial court erred in sentencing him. After review, we affirm the judgments of the trial court. |
Warren | Court of Criminal Appeals | |
Patrick Lewis Laforce v. State of Tennessee
The Petitioner, Patrick Lewis LaForce, appeals as of right from the Cumberland County Criminal Court’s order summarily denying his petition for post-conviction relief as untimely. The State has filed a motion to affirm by memorandum opinion the judgment of the trial court. Following our review, we conclude that an opinion in this case would have no precedential value and affirm the judgment of the post-conviction court pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. |
Cumberland | Court of Criminal Appeals | |
Ercil K. Gate-Rayford v. Hilton Hall, Jr., Warden
The Petitioner, Ercil K. Gates-Rayford, appeals the denial of his petition for writ of habeas corpus. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted. |
Hardeman | Court of Criminal Appeals | |
Brandon Blount v. State of Tennessee
Brandon Blount, Petitioner, was convicted of one count of aggravated burglary acting in concert with two or more other persons and possession of a firearm during the commission of a dangerous felony after a jury trial. He was sentenced to an effective sentence of eleven years. Petitioner’s convictions and sentences were affirmed on direct appeal. See State v. Brandon Blount, No. W2015-00747-CCA-R3-CD, 2016 WL 3131355 (Tenn. Crim. App. May 26, 2016), perm. app. denied (Tenn. Sept. 26, 2016). Petitioner subsequently sought post-conviction relief on the basis of ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. Petitioner appeals, arguing that the post-conviction court improperly denied post-conviction relief. Because we determine that Petitioner has failed to establish that trial counsel was ineffective, we affirm the judgment of the criminal court. |
Shelby | Court of Criminal Appeals | |
Jawaune Massey v. State of Tennessee
The Petitioner, Jawaune Massey, appeals the post-conviction court’s denial of his petition for post-conviction relief from his convictions of two counts of first degree premeditated murder, two counts of first degree felony murder, one count of especially aggravated robbery, one count of possessing twenty-six grams or more of cocaine for resale, one count of conspiracy to commit aggravated robbery, and one count of maintaining a dwelling where controlled substances are used or sold and his resulting effective sentence of two consecutive life terms. On appeal, the Petitioner contends that trial counsel was ineffective for failing to object to the Petitioner’s wearing a stun vest at trial. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Elizabeth Lynn Schmitz
Defendant, Elizabeth Lynn Schmitz, appeals her convictions by a Dickson County jury of attempted theft of property over $500 and hindering a secured creditor. The trial court sentenced Defendant to two-years for hindering a secured creditor and a concurrent term of eleven months and twenty-nine day for the misdemeanor theft, suspended to probation. On appeal, Defendant argues the evidence was insufficient to support either conviction when the evidence demonstrated that the subject property of both offenses was her own car. Defendant also claims the trial court gave incomplete instructions to the jury. After a full review, we conclude that Defendant is entitled to relief as to the attempted theft of property conviction because Defendant cannot be convicted of attempted theft of something she owned, and we vacate the conviction as to that count. As to the remaining count of hindering a secured creditor, we confirm the judgment of the trial court. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Nicholas Ryan Flood
A Putnam County grand jury indicted the defendant for possession of a Schedule II controlled substance with intent to sell or deliver, possession of a Schedule IV controlled substance with intent to sell or deliver, and simple possession of a Schedule II controlled substance. After trial, a jury convicted the defendant of all counts. On appeal, the defendant challenges the trial court’s denial of his motion to suppress evidence obtained from a warrantless search of his girlfriend’s vehicle. After a thorough review of the record and applicable law, we reverse the judgment of the trial court and dismiss the indictments against the defendant. |
Putnam | Court of Criminal Appeals | |
Joshua P. Holt v. State of Tennessee
The pro se Petitioner, Joshua P. Holt, appeals the dismissal of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he received effective assistance of counsel and that his guilty pleas were knowing and voluntary. Following our review, we affirm the dismissal of the petition. |
Wilson | Court of Criminal Appeals | |
Michael Hart v. State of Tennessee
The Petitioner, Michael Hart, appeals the Madison County Circuit Court’s denial of his petition requesting DNA analysis of evidence pursuant to the Post-Conviction DNA Analysis Act of 2001. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
James Snipes v. State of Tennessee
The Petitioner, James Snipes, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief, seeking relief from his conviction of first degree felony murder and resulting life sentence. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel and that he is entitled to a second post-conviction evidentiary hearing due to post-conviction counsel’s deficient performance at the first hearing. Based upon the record and the parties’ briefs, we affirm the judgment of the |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Shermond Dewayne Dillard, Jr.
A Davidson County jury convicted the defendant, Shermond Dewayne Dillard, Jr., of aggravated robbery, for which he received a |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Shermond Dewayne Dillard, Jr. - Concur in Part
I join the majority in affirming the defendant’s conviction of aggravated robbery and ten-year sentence, but I write separately to dissent from the majority’s conclusion that the trial court did not err by allowing testimony about the stolen rental car. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Christopher Ray Rickman
The Defendant, Christopher Ray Rickman, pleaded guilty to the offense of possession with intent to deliver .5 grams or more of methamphetamine, a Schedule II controlled substance. As a condition of his plea, the Defendant expressly preserved a certified question of law pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure, stemming from his denied motion to suppress. After thorough review, we conclude that the certified question does not meet the requirements of Rule 37(b)(2)(A) and State v. Preston, 759 S.W.2d 647 (Tenn. 1988), and, as a result, this court is without jurisdiction to consider the appeal. Accordingly, the appeal is dismissed. |
McNairy | Court of Criminal Appeals | |
State of Tennessee v. Tremaine Wilbourn
The Defendant, Tremaine Wilbourn, appeals his convictions for first degree premeditated murder, carjacking, employing a firearm during the commission of a dangerous felony, and possession of a firearm while having a prior felony conviction involving the use or attempted use of violence, for which he received an effective sentence of life in prison without the possibility of parole plus thirty-eight years. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction for first degree premeditated murder; (2) the trial court erred in prohibiting defense counsel from referencing a prior shooting during opening statements; (3) the trial court erred in excluding evidence of the Defendant’s reason for turning himself in to the United States Marshals Service; and (4) the prosecutor improperly utilized a gun as a demonstrative aid and made improper comments during closing arguments. Upon reviewing the appellate record, the parties’ briefs, and the applicable law, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Lloyd Hill
The Appellant, Kenneth Lloyd Hill, was convicted in the Davidson County Criminal Court of possessing a firearm while having a prior conviction for a felony involving the use or attempted use of force, violence, or a deadly weapon, a Class C felony, and the trial court sentenced him as a Range III, persistent offender to fifteen years in confinement. On appeal, the Appellant contends that the trial court erred by refusing to sever the offense from the remaining offenses for which he was on trial and that the trial court committed various sentencing errors. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Rhasean Lowry
Aggrieved of his Hamilton County Criminal Court jury convictions of felony murder in the perpetration of aggravated child abuse and aggravated child abuse, the defendant, Rhasean Lowry, appeals. The defendant alleges that the trial court erred by denying his motion to disqualify the Hamilton County District Attorney General’s Office, by admitting into evidence photographs taken during the victim’s autopsy, by refusing to provide a jury instruction on facilitation as a lesser included offense of felony murder and aggravated child abuse, and by denying his motion for new trial based upon the admission of certain testimony. He also contends that the evidence was insufficient to support his convictions. Discerning no error, we affirm. |
Hamilton | Court of Criminal Appeals |
