State of Tennessee v. Devan Shepherd
Devan Shepherd, Defendant, was convicted by a Madison County jury of first degree felony murder, three counts of aggravated robbery, one count of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony, for which he received an effective sentence of life plus twelve years. On appeal, Defendant contends that the evidence was insufficient to support his convictions; that the trial court erred by granting the State’s motion in limine to prohibit any discussion of Defendant’s age at the time of the offenses; and that the trial court erred by not instructing the jury on defense of a third person. Following our review of the record and the parties’ arguments, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Nathaniel Lee Mitchell
Defendant, Nathaniel Lee Mitchell, appeals from his Giles County Circuit Court conviction for reckless endangerment with a deadly weapon, for which he received a sentence of two years, suspended to two years’ supervised probation. Defendant contends that the trial court erroneously admitted evidence of a prior incident in violation of Tennessee Rule of Evidence 404(b) and that the evidence of his reckless mental state was insufficient. Following a thorough review, we affirm the judgment of the trial court. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. Amanda Michelle Owen
Defendant, Amanda Michelle Owen, appeals the eight-year sentence imposed for her Blount County Circuit Court guilty-pleaded conviction of theft of property valued at $60,000 or more but less than $250,000, a Class B felony, arguing that the trial court erred by imposing a sentence of full incarceration. Because the record reflects that the trial court made the appropriate findings and that those findings are supported by the facts of this case, the trial court did not abuse its discretion by ordering that Defendant serve the entirety of her sentence in confinement, and, accordingly, we affirm. |
Blount | Court of Criminal Appeals | |
Nathaniel T. Taylor v. State of Tennessee
Petitioner, Nathaniel Taylor, appeals the Knox County Criminal Court’s summary dismissal of his post-conviction petition. He argues that the post-conviction court erred in dismissing his petition because (1) his petition was unjustly denied in light of established law and under color of law; (2) he should have been appointed counsel and granted an evidentiary hearing in order to present his case; and (3) his conviction was based on the use of evidence gained pursuant to an unconstitutional search and seizure in violation of the Fourth Amendment of the U.S. Constitution. Upon review of the entire record, the briefs of the parties, and the applicable law, we affirm the post-conviction court’s summary dismissal. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Craig Kitt
This matter is before the Court upon motion of the Defendant, Craig Kitt, for review of the trial court’s order denying his motion to reduce the amount of his pretrial bond. See Tenn. R. App. P. 8; Tenn. Code. Ann. § 40-11-144. The State opposes. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. James Andrew DiDomenico
A Williamson County jury convicted the Defendant, James Andrew DiDomenico, of four counts of rape, and the trial court imposed an effective sentence of ten years’ incarceration. On appeal, the Defendant raises several issues. First, he contends that the trial court committed the following trial errors: (1) excluding evidence that the victim was dating a former client; (2) admitting cumulative testimony that repeated the victim’s account; (3) admitting testimony concerning letters sent by the Defendant’s divorce attorneys to the victim; and (4) refusing to instruct the jury on the defense of mistake of fact. He further argues that, even if these alleged errors are individually insufficient to warrant reversal, their cumulative effect deprived him of a fair trial. The Defendant also challenges the denial of his motion for a new trial based on purportedly newly discovered evidence, as well as the trial court’s sentencing determinations. Upon our review, we respectfully affirm the judgments of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Caprice Lashon Peete
The Defendant, Caprice Lashon Peete, was convicted by a Tipton County Circuit Court jury of first degree premeditated murder, for which he received a sentence of life imprisonment. On appeal, the Defendant challenges the sufficiency of the evidence and argues that the trial court erred by not excusing a juror who failed to disclose that she knew one of the State’s primary witnesses, by not allowing the Defendant to cross-examine another State’s witness about the underlying facts of the witness’s 2023 conviction for convicted felon in possession of a firearm, and by allowing the prosecutor to make inappropriate comments in closing argument without an adequate curative instruction by the trial court or the trial court’s enforcing its order that the prosecutor retract the inappropriate comment. The Defendant further argues that he is entitled to a new trial under the doctrine of cumulative error. We affirm the judgment of the trial court. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. David Patrick Lauderdale
The Defendant, David Patrick Lauderdale, was convicted by a jury of domestic assault, interfering with an emergency call, robbery, resisting arrest, felony evading arrest in a motor vehicle, aggravated assault, leaving the scene of an accident, violating the financial responsibility law, and driving with a canceled, suspended, or revoked license. On appeal, the sole issue presented for our review is whether the evidence is sufficient to support the robbery conviction. After review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Romeaka Evans
Romeaka Evans, Defendant, was indicted by a Shelby County Grand Jury for second degree murder. After a jury trial, she was convicted as charged and sentenced to twenty-five years in incarceration as a Range I, standard offender. The trial court denied a motion for new trial, and Defendant appealed, arguing that the trial court improperly denied a mistrial, that the evidence was insufficient, and that the trial court imposed an improper sentence. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ray Gene Elliott, III
The Defendant, Ray Gene Elliott, III, was convicted by a Knox County Criminal Court |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Brian Lee Fisk
Defendant, Brian Lee Fisk, appeals his Dyer County Circuit Court jury conviction of the sale of .5 grams or more of cocaine within a Drug-Free Zone, see Tenn. Code Ann. § 39- 17-432 (2014), challenging the sufficiency of the convicting evidence and the sentencing decision of the trial court. Because the evidence was sufficient to support his conviction and because the trial court did not commit plain error by sentencing Defendant under the terms of the Drug-Free Zone Act in effect at the time of the offense, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. John David Cunningham
A Rutherford County jury convicted the Defendant, John David Cunningham, as charged of seven counts of rape of a child and six counts of aggravated sexual battery against his minor daughter, and the trial court imposed an effective 100-year sentence. See Tenn. Code Ann. §§ 39-13-522 (Supp. 2013), -504(a)(4). On appeal, the Defendant argues: (1) the trial court erred in admitting the child’s forensic interview; (2) the evidence is insufficient to sustain his convictions; (3) the trial court erred in admitting evidence of his alleged prior bad acts; (4) the trial court abused its discretion in imposing partially consecutive sentencing; (5) the trial court erred in ordering the Defendant to stop taking depositions in the divorce case and to turn over existing deposition transcripts to the State; and (6) the trial court abused its discretion in allowing the State to utilize an unauthenticated excerpt of a transcript lacking the court reporter’s certification. After review, we affirm the judgments of the trial court but remand the case for entry of corrected judgment forms in Counts 1 through 13 to reflect the Defendant’s effective 100-year sentence. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Matthew Richard Herron
Following a trial, a jury found Defendant, Matthew Richard Herron, guilty of felony |
Campbell | Court of Criminal Appeals | |
State of Tennessee v. Robert Vernon Johson a/k/a Robert Vernon Griffin
Defendant, Robert Vernon Johnson a/k/a Robert Vernon Griffin, was convicted by a Davidson County jury of second degree murder and possession of a firearm by a convicted felon. He received an effective sentence of thirty-one years’ imprisonment. Defendant appeals, arguing that the evidence was insufficient to support his convictions and that the trial court abused its discretion in denying probation for the firearm conviction and ordering consecutive sentences. Upon review of the entire record, the briefs and oral arguments of the parties, and the applicable law, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Enoch Zarceno Turner
The Defendant, Enoch Zarceno Turner, was convicted of two counts of first-degree premeditated murder, first-degree murder in the perpetration of aggravated child abuse, aggravated child abuse, aggravated arson, and especially aggravated burglary, for which he received an effective sentence of life without parole. The sole issue raised on appeal is whether the State established the identity of the Defendant as the perpetrator of each of the offenses. Upon our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Mikal B. Morrow
The Defendant, Mikal B. Morrow, appeals the trial court’s revocation of his effective six-year probationary sentence for aggravated assault by strangulation, false imprisonment, and interference with a 911 call. On appeal, he alleges that (1) the State failed to prove by a preponderance of the evidence that he violated the terms of his probation and (2) the trial court abused its discretion by fully revoking his probation after finding the Defendant had absconded. Following our review, we affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
Donavan Daniel v. State of Tennessee
The Petitioner, Donavan Daniel, was convicted in the Weakley County Circuit Court of three counts of first degree felony murder, one count of first degree premeditated murder, one count of especially aggravated robbery, and one count of possession of marijuana with intent to sell or deliver. After a bifurcated sentencing hearing, the jury sentenced him to life without parole for two counts of first degree felony murder, life for the remaining count of first degree felony murder, and life for first degree premeditated murder. This court affirmed the convictions on direct appeal and affirmed the denial of post-conviction relief. Subsequently, the Petitioner filed a motion to reopen his post-conviction petition. After a hearing, the post-conviction court granted the motion to reopen, granted post-conviction relief, and reduced the Petitioner’s two sentences of life without parole to life. On appeal, the State contends that the post-conviction court erred in applying State v. Booker, 656 S.W.3d 49 (Tenn. 2022), to the Petitioner’s sentences of life without parole and, therefore, erred in reducing the Petitioner’s sentences to life. We agree with the State. Accordingly, the judgment of the post-conviction court is reversed, and the Petitioner’s sentences of life without parole for first degree felony murder in counts three and four are reinstated. |
Weakley | Court of Criminal Appeals | |
State of Tennessee v. Jesse L. Kutrieb
In 2012, the Defendant, Jesse L. Kutrieb, pleaded guilty to two counts of vandalism of property valued at $500 or less, three counts of burglary other than a habitation, theft of property valued at $500 or less, and two counts of theft of property valued between $1,000 and $10,000. The trial court sentenced him to an effective sentence of four years of supervised probation. The Defendant moved out of state without notifying his probation officer and was arrested and convicted of multiple offenses in Michigan. On this basis, the trial court revoked his probation and ordered the Defendant to serve his sentence in confinement. On appeal, the Defendant asserts that the trial court erred when it revoked his probation because it did not rely on the facts set forth in the probation violation warrant, which only included absconding. After a thorough review, we affirm the trial court’s judgment. |
Cheatham | Court of Criminal Appeals | |
State of Tennessee v. Aimee Lee Higby
In 2023, the Defendant, Aimee Lee Higby, entered a guilty plea to the facilitation of first degree felony murder, aggravated child abuse, and abuse of a corpse. By agreement, the trial court imposed an effective sentence of twenty-seven years. Thereafter, the Defendant filed a motion to withdraw her plea, which the trial court denied after a hearing. On appeal, the Defendant contends that the trial court erred when it denied her motion to withdraw her guilty plea. After review, we affirm the trial court’s judgment. |
Lincoln | Court of Criminal Appeals | |
State of Tennessee v. Tammy Cothren Dabbs
Tammy Cothren Dabbs, Defendant, pleaded guilty to possession of 0.5 grams or more of methamphetamine with intent to sell, and the trial court sentenced her to eight years suspended to probation. The trial court subsequently issued a probation violation warrant and multiple amended warrants alleging violations of probation Rule 8 based upon Defendant’s multiple positive drug tests for amphetamine and methamphetamine. At an evidentiary hearing, Defendant admitted to violating the terms of her probation, and the trial court determined the consequences of the violation. Defendant appeals, claiming that the trial court erred by ordering her to serve the balance of her eight-year sentence. Following a review of the record and applicable law, we affirm the judgment of the trial court. |
Lincoln | Court of Criminal Appeals | |
State of Tennessee v. William Eugene Moon
Following a retrial, Defendant, William Eugene Moon, was convicted by a Coffee County jury of attempted second degree murder and employment of a firearm during the commission of or attempt to commit a dangerous felony and sentenced to an effective sixteen-year sentence to serve in the Tennessee Department of Correction. On appeal, Defendant asserts that the evidence was insufficient to support his convictions; that the trial court erred by failing to instruct the jury on the lesser included offense of attempted voluntary manslaughter; that his trial counsel was ineffective for failing to file a written request for the jury instruction before the jury began its deliberation; that the trial court erred by denying Defendant’s motion to suppress his statements; and that Defendant was denied a speedy trial. Having reviewed the entire record and the arguments of the parties, we affirm the judgments of the trial court. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. William Eugene Moon (Dissenting)
The majority opinion offers a thoughtful examination of this challenging case. I agree with much of the majority’s well-stated analysis, but there is a salient point of departure between the majority’s understanding and mine. This point of departure relates to whether admission into evidence of Mr. Moon’s post-shooting statements to Officer Wilder violates the protections afforded by Miranda. I conclude that it does, and, accordingly, respectfully dissent. |
Coffee | Court of Criminal Appeals | |
Richard E. Reed v. State of Tennessee
Petitioner, Richard E. Reed, appeals as of right from the Knox County Criminal Court’s |
Knox | Court of Criminal Appeals | |
Bernard Woodard v. State of Tennessee
The Petitioner, Bernard Woodard, was convicted of burglary, theft of property valued at $2500 or more, and felony evading arrest. The trial court sentenced the Petitioner, as a career offender, to an effective eighteen-year sentence in the Tennessee Department of Correction. On appeal, this court affirmed the judgments. State v. Woodard, No. M2020- 01538-CCA-R3-CD, 2021 WL 5467384, at *1 (Tenn. Crim. App. Nov. 23, 2021), no perm. app. filed. The Petitioner filed a post-conviction petition alleging, among other claims, that he had received the ineffective assistance of counsel. The post-conviction court summarily dismissed the petition for failure to state a colorable claim. On appeal, this court reversed and concluded that the petition raised colorable claims and remanded the case for further proceedings. Woodard v. State, No. M2022-00162-CCA-R3-PC, 2022 WL 4932885, at *1 (Tenn. Crim. App. Oct. 4, 2022), no perm. app. filed. On remand, the post-conviction court held a hearing and later issued an order denying relief. The Petitioner appeals, maintaining that he received the ineffective assistance of counsel at trial. After review, we affirm the post-conviction court’s judgment. |
Putnam | Court of Criminal Appeals | |
Keinesa Lillard v. State of Tennessee
The Petitioner, Keinesa Lillard, appeals the Davidson County Criminal Court’s denial of her petition for post-conviction relief challenging her convictions for attempted second degree murder, employing a firearm during the commission of a dangerous felony, especially aggravated robbery, evading arrest by use of a motor vehicle involving risk of death or serious bodily injury to others, and four counts of simple possession of a controlled substance. On appeal, the Petitioner contends that the post-conviction court erred by denying relief on her claim that she received ineffective assistance of trial counsel. Specifically, the Petitioner argues that trial counsel was ineffective for (1) failing to communicate with her regarding the State’s proof; (2) failing to review discovery materials with her; and (3) failing to discuss pretrial motions and strategy with her. After review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals |
