Marchello Gossett v. State of Tennessee
A Tipton County jury convicted the Petitioner, Marchello Gossett, of one count of possession with intent to deliver .5 grams or more of cocaine and two counts of felony possession of a handgun. On appeal, this court affirmed the convictions. State v. Marchello Karlando Gossett, No. W2015-02414-CCA-R3-CD, 2017 WL 1163683, *1 (Tenn. Crim. App., at Jackson, March 28, 2017) perm. app. denied (Tenn. Aug. 18, 2017). The Petitioner filed a post-conviction petition, claiming that he received the ineffective assistance of trial counsel and prosecutorial misconduct. After a hearing, the post-conviction court denied relief. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel at trial. After review, we affirm the post-conviction court’s judgment. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Gailor Paige
The Defendant, Gailor Paige, entered a negotiated guilty plea to possession with intent to sell heroin and possession of a firearm by a convicted felon with a prior crime of violence. The trial court sentenced the Defendant to consecutive six-year sentences as a Range I offender for each count. The Defendant filed a “petition to suspend the remainder of sentence after 120 day[s],” based upon his completion of four “intense” programs while incarcerated. The trial court summarily denied the request based upon a condition in the negotiated plea agreement that required the Defendant to “waive[ ] his right to later request a petition for suspension of remainder of his sentence.” The Defendant appeals, asserting that the trial court erred by denying his request for suspension of the remainder of his sentence. After review, we affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals | |
Jafarris Miller v. State of Tennessee
Petitioner, Jafarris Miller, appeals from the dismissal of his petition for habeas corpus relief. On appeal and in his pro se petition, Petitioner argues that his convictions for intentionally evading arrest in a vehicle, a Class E felony, and theft of property less than $500.00 in value, a Class A misdemeanor, are void because the arrest warrant was invalid. After review of the record and the briefs, we affirm the judgment of the habeas corpus court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Grady Alton Vest
Defendant, Grady Alton Vest, was indicted by the Henderson County Grand Jury for four counts of rape of a child and four counts of incest. Defendant was convicted as charged following a jury trial. The trial court sentenced Defendant to 33 years for each rape of a child conviction and five years for each incest conviction, with two of his 33-year sentences to run consecutively, for a total effective sentence of 66 years’ incarceration. In this appeal as of right, Defendant contends that the evidence was insufficient to support his convictions, and his effective sentence is excessive. Following our review of the entire record, we affirm the judgments of the trial court. |
Henderson | Court of Criminal Appeals | |
Randy Jackson v. State of Tennessee
Petitioner, Randy Jackson, was convicted of aggravated robbery and attempt to commit aggravated robbery and received an effective twenty-two-year sentence. He appeals the denial of his petition for post-conviction relief in which he alleged ineffective assistance of counsel at trial. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel, and we accordingly affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Dustin Todd King
Dustin Todd King, Defendant, pled guilty to four counts of aggravated statutory rape and one count of violation of a no-contact order with the trial court to determine the length and manner of service of the sentences after a sentencing hearing. The trial court sentenced Defendant to an effective sentence of four years, eleven months and twenty-nine days, ordering partial consecutive sentencing. As a collateral consequence, the Defendant was placed on the sex offender registry. On appeal, Defendant challenges his sentence as excessive. After a review, we determine that the trial court sentenced Defendant to a sentence within the range for each conviction and followed the proper sentencing procedure. Accordingly, the judgments of the trial court are affirmed. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Johnny David Key
The Defendant, Johnny David Key, was convicted upon his guilty pleas of vehicular homicide, a Class B felony, and vehicular assault, a Class D felony. See T.C.A. §§ 39-13-213 (vehicular homicide) (2018), 39-13-106 (vehicular assault) (2018). The plea agreement called for Range I sentences of eight and four years, respectively, to be served concurrently, with the manner of service to be determined by the trial court. After a sentencing hearing, the court ordered that the Defendant serve his effective eight-year sentence in the Department of Correction. On appeal, the Defendant contends that the trial court erred in denying alternative sentencing. We affirm the judgments of the trial court. |
Fentress | Court of Criminal Appeals | |
State of Tennessee v. Denton Jones
The State of Tennessee appeals the Knox County Criminal Court’s denial of its motion pursuant to Tennessee Rule of Criminal Procedure 36.1. The State sought to correct the six-year sentence the trial court previously imposed for the Defendant’s two merged convictions for theft of property valued at $1,000 or more but less than $10,000. See T.C.A. §§ 39-14-103 (2014) (theft); 39-14-105 (2014) (subsequently amended) (grading of theft). On appeal, the State contends that the six-year sentence is illegal because the trial court improperly sentenced the Defendant pursuant to the amended version of the grading of theft statute, which became effective after the commission of the offense. We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Courtney B. Mathews v. State of Tennessee
The Petitioner, Courtney B. Mathews, appeals from the denial of his petition for post-conviction relief, wherein he challenged his jury convictions for four counts of first-degree felony murder and one count of especially aggravated robbery. On appeal, the Petitioner’s issues center around (1) an ex parte communication between the trial judge and trial counsel that took place at the trial judge’s residence; (2) trial counsels’ inadvertent disclosure of the unredacted timeline to the co-defendant’s defense team that contained attorney-client privileged information; (3) the lack of any jury instructions on lesser-included offenses for the felony murder counts; (4) the Petitioner’s alleged absence during the issuance of the supplemental jury instruction on criminal responsibility and when the trial judge answered jury questions; and (5) cumulative error. After a thorough review of the record, we reverse the judgment of the post-conviction court. We conclude that due to trial counsels’ various deficiencies, there has been a complete breakdown in the adversarial process during the Petitioner’s motion for new trial proceedings. While the Petitioner’s convictions remain intact, the case is remanded for further proceedings consistent with this opinion. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Chriteris Allen
The Madison County Grand Jury indicted Defendant, Chriteris Allen, in two separate indictments, each containing four counts. In Case Number 18-1445, Defendant was indicted for aggravated robbery in count one, aggravated sexual battery in count two, aggravated burglary in count three, and especially aggravated kidnapping in count four. In Case Number 18-1446, Defendant was indicted for aggravated burglary in count one, especially aggravated kidnapping in count two, aggravated robbery in count three, and aggravated rape in count four. Defendant submitted an open guilty plea on all counts. The trial court sentenced him to an effective sentence of forty-four years at one hundred percent. On appeal, Defendant argues that his sentence is excessive. After a thorough review of the record and applicable case law, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. James R. Baysinger
The Defendant, James R. Baysinger, pleaded guilty to reckless homicide, a Class D felony. See T.C.A. § 39-13-215 (2018). Pursuant to the plea agreement, the trial court was to determine the length and the manner of service. The trial court sentenced the Defendant to two years and ordered him to serve five months, followed by four years’ probation. On appeal, the Defendant contends that the court erred by denying his requests for judicial diversion and full probation. We reverse the judgment of the trial court and remand the case to the trial court for a new sentencing hearing. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Andrew K. Johnston
The Appellant, Andrew K. Johnston, filed a pro se motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, and the Bedford County Circuit Court summarily denied the motion. On appeal, the Appellant contends that the twenty-seven-year sentence he received pursuant to his guilty plea to second degree murder is illegal because it is outside the maximum range of punishment for a Range I offender convicted of a Class A felony. Based upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Donald Dodd
A Shelby County jury convicted the Defendant, Donald Dodd, of second degree murder as charged, and the trial court imposed a sentence of twenty-five years at one hundred percent release eligibility. See Tenn. Code Ann. §§ 39-13-210, 40-35-501(i). On appeal, the Defendant argues that the evidence is insufficient to sustain his conviction. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Tommy Dale Adams v. State of Tennessee
|
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Robbie Joe Kilgore
The defendant, Robbie Joe Kilgore, appeals the order of the trial court revoking his probation and ordering him to serve his original three-year sentence in confinement. Upon review of the record, we conclude the trial court did not abuse its discretion in finding the defendant violated the terms of his probation, and the imposed sentence is proper. Accordingly, the judgment of the trial court is affirmed. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Reginald Bernard Wilson
A Knox County jury convicted the Defendant, Reginald Bernard Wilson, of resisting arrest, and the trial court sentenced the Defendant to ninety days of unsupervised probation. On appeal, the Defendant asserts that the trial court erred when it denied his request for a jury instruction on self-defense and that the evidence is insufficient to support his conviction for resisting arrest. After review, we conclude that the trial court erred when it failed to instruct the jury as to self-defense. We, therefore, reverse the judgment of conviction and remand for a new trial. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. William Kevin Kennedy
The defendant, William Kevin Kennedy, appeals the revocation of the sentence of probation imposed for his 2016 Sullivan County Criminal Court convictions of solicitation of a minor and attempted aggravated sexual battery, claiming that he was deprived of the effective assistance of counsel at the revocation hearing. Because the interests of justice do not require the waiver of the timely filing of the notice of appeal in this case, the appeal is dismissed as untimely. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Howard Hose Horton, III
The defendant, Howard Hose Horton III, entered open pleas to one count of aggravated assault and one count of felony vandalism, and the trial court sentenced the defendant to an effective sentence of eight years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the sentence imposed by the trial court was excessive. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Matthew Douglas Nattress
The defendant, Matthew Douglas Nattress, appeals the order of the trial court revoking his probation and ordering him to serve his original ten-year sentence in confinement. Upon review of the record, we conclude the trial court did not abuse its discretion in finding the defendant violated the terms of his probation, and the imposed sentence is proper. Accordingly, the judgment of the trial court is affirmed. |
Giles | Court of Criminal Appeals | |
Billy Anglin v. State of Tennessee
The Petitioner, Billy Anglin, appeals from the Williamson County Circuit Court’s denial of his petition for post-conviction relief from his convictions for first degree murder, attempted first degree murder, aggravated assault, and reckless endangerment, for which he is serving an effective sentence of life plus twenty-five years. On appeal, the Petitioner contends that the post-conviction court erred in denying relief on his ineffective assistance of counsel and due process claims. We affirm the judgment of the post-conviction court. |
Williamson | Court of Criminal Appeals | |
Justin C. Howell v. State of Tennessee
The Petitioner, Justin C. Howell, appeals the Williamson County Circuit Court’s denial of his petition for post-conviction relief, arguing he received ineffective assistance of counsel. After review, we affirm the denial of the petition. |
Williamson | Court of Criminal Appeals | |
Voltaire Younger v. State of Tennessee
The Petitioner, Voltaire Younger, appeals the post-conviction court’s denial of his petition for post-conviction relief in which he challenged his guilty pleas to the possession of heroin with the intent to deliver and possession of a firearm during the commission of a dangerous felony. The Petitioner received an effective sentence of fifteen years. On appeal, the Petitioner alleges that he received ineffective assistance of counsel and that his guilty pleas were not voluntarily entered. After a review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Robert Beham
A Shelby County jury convicted the Defendant, Robert Beham, as charged of rape of a child and aggravated sexual battery, and the trial court imposed an effective sentence of forty years at one hundred percent. On appeal, the Defendant argues (1) the trial court erred in denying his motion for judgment of acquittal and the evidence is insufficient to sustain his convictions, and (2) the trial court abused its discretion in applying the enhancement factor regarding his history of criminal behavior. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Lonnie Lee Angel, Jr. v. State of Tennessee
The Petitioner, Lonnie Lee Angel, Jr., appeals the Bledsoe County Circuit Court’s denial of his petition for post-conviction relief from his 2011 conviction for second degree murder and his twenty-three-year sentence. The Petitioner contends that (1) he received the ineffective assistance of trial counsel and (2) the post-conviction court erred by prohibiting him from compelling the attendance of witnesses by subpoenas at the evidentiary hearing. We affirm the judgment of the post-conviction court. |
Bledsoe | Court of Criminal Appeals | |
Frederick R. Ross, Jr. v. State of Tennessee
Petitioner, Frederick R. Ross, Jr., appeals from the summary denial of his petition for writ of habeas corpus challenging his guilty-pleaded conviction for selling hydrocodone, a Schedule II drug. Because Petitioner failed to state a cognizable claim for habeas corpus relief, we affirm the judgment of the habeas corpus court. |
Sumner | Court of Criminal Appeals |
