State of Tennessee v. William Swafford
The Defendant, William Swafford, was convicted by a Hamblen County jury of especially |
Hamblen | Court of Criminal Appeals | |
Tracy L. Harris v. State of Tennessee
Petitioner, Tracy L. Harris, pleaded guilty in Carroll County Circuit Court to first degree murder and aggravated rape and was sentenced to an effective sentence of life without parole. After unsuccessful challenges to his convictions and sentences in Tennessee and federal courts, Petitioner filed a pro se petition pursuant to the Post-Conviction DNA Analysis Act of 2001 (“The Act”), Tennessee Code Annotated section 40-30-301, et. seq., requesting DNA analysis on several items and samples taken from the crime scene. After the State responded in opposition, the post-conviction court dismissed the petition without a hearing and found that Petitioner had not met the statutory requirements of the Act. On appeal, Petitioner challenges the post-conviction court’s dismissal of his petition. We conclude that the post-conviction court did not err in dismissing the petition, and we affirm. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Thor Lucas Coleman
A Williamson County jury convicted the Defendant, Thor Lucas Coleman, of attempted first degree murder, aggravated assault by strangulation, aggravated assault by violating a restraining order, possessing a firearm during the commission of a dangerous felony, and unlawful possession of a weapon. The trial court sentenced him to a forty-five-year effective sentence. On appeal, the Defendant contends that: (1) the trial court improperly admitted evidence of his prior acts of domestic violence against the victim; and (2) the evidence is insufficient to sustain his conviction for attempted first degree murder. After review, we affirm the trial court’s judgments. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Roger Trino Spencer, Jr.
Defendant, Roger Trino Spencer, Jr., was indicted by the McNairy County Grand Jury for one count of aggravated robbery accomplished with a deadly weapon and two counts of aggravated assault by displaying a deadly weapon. Defendant was convicted as charged by a jury and sentenced by the trial court as a Range II offender to an effective eighteen years’ confinement. The trial court also imposed an effective $15,000 fine and ordered Defendant to pay $971 in restitution. In this appeal as of right, Defendant contends that the State failed to provide sufficient proof of his identity as the perpetrator of the offenses; the State’s improper comments during opening statement and closing argument entitle him to plain error relief; the trial court erred by failing to consider a validated risk and needs assessment in imposing his sentence; and the trial court erred by failing to consider his ability to pay in imposing fines and ordering restitution. Having reviewed the briefs and arguments of the parties and the record on appeal, we affirm the judgments of the trial court. |
McNairy | Court of Criminal Appeals | |
State of Tennessee v. Jared A. Smith
Following a jury trial, a Cheatham County jury convicted Defendant, Jared A. Smith, of three counts of Rape of a Child, four counts of Aggravated Sexual Battery, and three counts of Incest, for which he received a total effective sentence of seventy-eight years’ incarceration. On appeal, Defendant contends that: (1) the trial court erred by limiting his cross-examination of a police witness; (2) the State’s election of offenses was “vague, ambiguous and unsupported by the evidence,” in violation of his right to a unanimous jury verdict; and (3) the trial court erred by declining to instruct the jury on generic evidence. Following a thorough review of the record and applicable law, we affirm. |
Cheatham | Court of Criminal Appeals | |
Rico Eugene Mallard v. State of Tennessee
Petitioner, Rico Eugene Mallard, appeals the summary dismissal of his petition seeking post-conviction relief from his 1999 especially aggravated robbery conviction, for which he was sentenced to twenty-two years’ incarceration to be served consecutively to his life sentence for first degree murder. The post-conviction court found that State v. Booker, 656 S.W.3d 49 (Tenn. 2022), did not establish a new constitutional right applicable to Petitioner’s case, and therefore, the statute of limitations was not tolled, and the petition was time-barred. Discerning no error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Ricky Hunt v. State of Tennessee
The Petitioner, Ricky Hunt, pleaded guilty to two counts of second-degree murder and one count of attempted especially aggravated robbery in exchange for an effective thirty-year sentence. The Petitioner filed a petition for post-conviction relief, along with two amended petitions. After an evidentiary hearing, the post-conviction court denied the post-conviction petition. On appeal, the Petitioner contends that the post-conviction court erred when it denied his petition because: (1) trial counsel was ineffective for failing to explain the corroboration requirement regarding accomplice testimony and for failing to help him file a motion to withdraw his guilty plea; and (2) his guilty plea was not knowingly and voluntarily entered because trial counsel failed to advise him that his sentence was required to be served at 100%. After review, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Mendy Powell Neal
After three days of a Dickson County jury trial, the Defendant, Mendy Powell Neal, who was charged with the first degree premeditated and felony murder of her husband and the aggravated arson of their home, entered a North Carolina v. Alford, 400 U.S. 25, 37 (1970), best interest plea to voluntary manslaughter, a Class C felony, in exchange for the dismissal of the felony murder and aggravated arson counts of the presentment and an agreed range of three to four years, with the trial court to determine the length and manner of service of the sentence. At the conclusion of the sentencing hearing, the trial court denied the Defendant’s request for judicial diversion, determined that she was not a suitable candidate for probation or other alternative sentencing, and sentenced her as a Range I, standard offender to four years at 30% in the Tennessee Department of Correction. Following the denial of what the Defendant styled as a “Motion for New Trial,” which the trial court treated as a Rule 35 motion for a reduction in sentence, the Defendant filed an untimely appeal to this court in which she argues that the trial court erred in both the length and manner of service of the sentence. Based on our review, we conclude that the interest of justice does not warrant that the timely notice of appeal requirement be waived for the Defendant’s attempt to appeal the trial court’s original sentencing determinations. We further conclude that the trial court acted within its discretion by declining to reduce or modify the sentence pursuant to Rule 35 of the Tennessee Rules of Criminal Procedure. Accordingly, we affirm the judgment of the trial court. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Calvin Dwight Butler
The defendant, Calvin Dwight Butler, pled guilty to sexual exploitation of a minor. As a |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Joshua Anthony Williams, Alias
The Defendant, Joshua Anthony Williams, alias, pleaded guilty in the Knox County Criminal Court to statutory rape. Pursuant to a plea agreement, the Defendant was to receive a four-year sentence as a Range II offender to be served on probation following one year of confinement, and the trial court was to determine whether to grant judicial diversion and whether to require the Defendant to register as a sexual offender. Following a hearing, the trial court granted the Defendant’s request for judicial diversion, extending the diversionary period to six years, and placed the Defendant on the sexual offender registry during the diversionary period. On appeal, the Defendant contends that the trial court erred in placing him on the sexual offender registry. We conclude that the Defendant does not have an appeal as of right pursuant to Tennessee Rule of Appellate Procedure 3 and that the Defendant failed to satisfy the requirements for extraordinary relief pursuant to Tennessee Rule of Appellate Procedure 10. Accordingly, we dismiss the appeal. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Timothy Dion Wells
The Defendant, Timothy Dion Lewis, was convicted by a Knox County Criminal Court |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Desmond Lanier Hatchett
Defendant, Desmond Lanier Hatchett, was convicted by a Knox County jury of evading |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Steven Alexander Greene
The Defendant, Steven Alexander Greene, pleaded guilty to second degree murder, a Class |
Blount | Court of Criminal Appeals | |
State of Tennesse v. Antonio M. Starnes
A Rutherford County jury found Defendant, Antonio M. Starnes, guilty of first degree premeditated murder and possession of a firearm by a convicted violent felon. The trial court imposed an effective sentence of life plus seventeen years and six months. On appeal, Defendant contends: (1) the evidence was insufficient to support the convictions; (2) the trial court erred in issuing a flight instruction; and (3) the trial court failed to properly poll the jury. We remand for entry of judgments reflecting the trial court’s dismissal of Counts 2, 4, 5, and 6. We otherwise affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
John Monzell Banks v. State of Tennessee
The petitioner, John Monzell Banks, appeals the denial of his petition for post-conviction relief, arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial. Following our review, we affirm the denial of the petition. |
Montgomery | Court of Criminal Appeals | |
Cedric Jones v. Brian Eller, Warden
The Petitioner, Cedric Jones, appeals the Criminal Court for Johnson County’s summary |
Johnson | Court of Criminal Appeals | |
Jermaine Nelson Buford v. State of Tennessee
In 2018, a Davidson County jury convicted the Petitioner, Jermaine Nelson Buford, of possession of .5 grams or more of cocaine with intent to sell, aggravated assault, felony evading arrest, evading arrest, vandalism of property less than $1,000, and simple possession of marijuana. The trial court sentenced the Petitioner to an effective sentence of thirty years of incarceration. The Petitioner filed a direct appeal, and this court affirmed the judgments of the trial court. State v. Buford, No. M2019-00402-CCA-R3-CD, 2020 WL 414558, at *1 (Tenn. Crim. App. Jan. 27, 2020), perm. app. denied (Tenn. June 3, 2020). The Petitioner then filed a petition for post-conviction relief, alleging the ineffective assistance of counsel. After a hearing, the post-conviction court dismissed the petition. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel by trial counsel’s failure to seek the suppression of evidence from the Petitioner’s cell phone. After review, we affirm the post-conviction court’s denial of post-conviction relief. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Joshua Lynn Damesworth
The Defendant pleaded guilty to theft of property and was placed on judicial diversion for five years and ordered to pay $167,000 in restitution to the victim. The Defendant failed to pay the entire amount of restitution, and the trial court revoked the Defendant’s sentence and ordered him to serve a five-year prison sentence. On appeal, the Defendant challenges the trial court’s finding that his failure to pay the entirety of the restitution prior to the expiration of his sentence was willful. After review of the record, we reverse the trial court’s revocation order. |
Henry | Court of Criminal Appeals | |
Jashun Antravious Jarrett v. State of Tennessee
Petitioner, Jashun Antravious Garrett, pleaded guilty to one count of aggravated robbery and one count of theft under $1,000 and was sentenced to an effective eight years of incarceration. More than one year after the trial court entered judgments on Petitioner’s convictions, Petitioner filed a petition for post-conviction relief from his convictions. The post-conviction court summarily dismissed the petition as untimely. Petitioner then filed an untimely notice of appeal with this court. Based on Petitioner’s untimely notice of appeal, his appeal is dismissed. |
Court of Criminal Appeals | ||
State of Tennessee v. Tommy Gene Couch, Sr.
The Defendant, Tommy Gene Couch, Sr., appeals from his guilty-pled conviction for aggravated assault. Pursuant to the terms of the plea agreement, the trial court was to determine the length and manner of service of the Defendant’s sentence. Subsequently, the trial court denied the Defendant’s request for alternative sentencing and imposed a three-year sentence in incarceration. On appeal, the Defendant challenges the denial of alternative sentencing as an abuse of the trial court’s discretion. After review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Jaslene Washington v. State of Tennessee
In 2022, the Petitioner, Jaslene Washington, pleaded guilty in the Marion County General Sessions Court to assault and resisting arrest and received an effective sentence of eleven months and twenty-nine days of unsupervised probation conditioned upon the payment of fines and costs. The Petitioner filed a petition for post-conviction relief, alleging multiple claims including ineffective assistance of counsel. Following a hearing, the post-conviction court denied relief. On appeal, the Petitioner maintains that counsel was ineffective in providing erroneous information regarding the expungement of her convictions and that the Petitioner relied upon this erroneous information in deciding to enter the guilty pleas. After review, we affirm the post-conviction court’s judgment. |
Marion | Court of Criminal Appeals | |
Christopher Matthew Taylor v. State of Tennessee
In 2021, the Petitioner, Christopher Matthew Taylor, pled guilty to the offense of unlawful possession of a weapon by a convicted felon. The trial court sentenced the Petitioner to a term of six years and placed him on probation. After his suspended sentence was revoked, the Petitioner filed a petition for post-conviction relief in April 2023, alleging that his original plea was not knowingly and voluntarily entered and that he was denied the effective assistance of counsel. After a hearing, the post-conviction court dismissed the petition as untimely, and the Petitioner appealed. Upon our review, we respectfully affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Ladarius Quashon Kees
The Defendant, Ladarius Quashon Kees, appeals the revocation of his community corrections sentence and reinstatement of the remainder of his original five-year sentence in confinement, arguing that the trial court erred by failing to adequately consider the appropriate consequences for his violations and by failing to weigh his request for a rehabilitation program. Based on our review, we affirm the judgment of the trial court. |
Robertson | Court of Criminal Appeals | |
Fabian Claxton v. State of Tennessee
Petitioner, Fabian Claxton, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief. After a full review of the record, briefs and oral arguments of the parties, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Melvin Chism, III
A Jefferson County jury convicted the Defendant, Melvin Chism, III, of possession of a firearm by a convicted felon and possession of drug paraphernalia. The Defendant appeals, arguing that (1) the evidence at trial was insufficient to establish that he constructively possessed the firearm; and (2) evidence in this case was obtained in violation of his Fourth Amendment rights when an officer took and retained his identification card without reasonable suspicion that he had committed a crime. Upon our review, we respectfully affirm the judgments of the trial court. |
Jefferson | Court of Criminal Appeals |
