State of Tennessee v. Lonnie Duane Orr
The Defendant, Lonnie Duane Orr, appeals from the trial court’s community corrections revocation for his eight-year, Range III sentence for his conviction of burglary. He contends that the court erred in revoking his community corrections sentence and ordering him to serve his sentence in the Department of Correction. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Kane Stackhouse v. State of Tennessee
The petitioner, Kane Stackhouse, appeals the denial of his petition for post-conviction relief, which petition challenged his 2008 Knox County Criminal Court jury convictions of first degree murder and especially aggravated robbery. In this appeal, the petitioner claims, as he did below, that he is entitled to post-conviction relief because he was deprived of the effective assistance of counsel at trial and on appeal. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Monqueze L. Summers
Monqueze L. Summers, Defendant, appeals from the trial court’s denial of his motion filed pursuant to Tennessee Rule of Criminal Procedure 36.1 in which he argued that his life sentence was illegal. After a thorough review of the record, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. George Anthony Vasser
The Defendant, George Anthony Vasser, was convicted by a Gibson County Circuit Court jury of selling or delivering cocaine, a Class C felony. See T.C.A. § 39-17-417 (2018). He received a sentence of eight years’ confinement. On appeal, the Defendant contends that (1) the evidence does not support the Defendant’s conviction for selling or delivering, (2) the evidence only supports a conviction for the lesser included offense of casual exchange of drugs, and (3) the trial court erred by failing to enter a judgment of acquittal. We affirm the judgment of the trial court. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Timothy Terell Mays
The Defendant, Timothy Terell Mays, was convicted on his guilty pleas to two counts of sale of cocaine, a Class C felony, and two counts of delivery of cocaine, a Class C felony. See T.C.A. § 39-17-417(a)(2), (3), (c)(2)(A) (2018). The delivery offenses were merged with the sale offenses. Pursuant to the plea agreement, he received six-year sentences, to be served concurrently to each other and consecutively to a previous sentence, and he reserved a certified question of law regarding mandatory joinder of the present offenses with the offenses from a previous prosecution in which his guilt had already been adjudicated. We affirm the judgments of the trial court, and we remand the case for correction of a clerical error. |
Madison | Court of Criminal Appeals | |
Joseph A. Colwell, Sr. v. State of Tennessee
The Petitioner, Joseph A. Colwell, Sr., appeals the Maury County Circuit Court’s denial of his petition for post-conviction relief, seeking relief from his two convictions of rape and two convictions of incest and resulting effective twenty-year sentence. On appeal, the Petitioner contends that he received the ineffective assistance of counsel because trial counsel failed to object to evidence of prior sexual abuse pursuant to Tennessee Rule of Evidence 404(b), failed to file a motion to question one of the victims about her prior sexual behavior pursuant to Tennessee Rule of Evidence 412, and failed to present evidence from electronic devices that would have been helpful to his case. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Buford Cornell Williams
Defendant, Buford Cornell Williams, was convicted of selling .5 grams or more of a substance containing cocaine. Defendant appealed, challenging the sufficiency of the evidence. This court affirmed the judgment of the trial court. State v. Buford Williams, No. M2017-00507-CCA-R3-CD, 2017 WL 6028876, at *1 (Tenn. Crim. App. Dec. 5, 2017), perm. app. denied (Tenn. Feb. 12, 2018). Defendant subsequently filed a petition for post-conviction relief alleging ineffective assistance of counsel for failing to file a timely motion for new trial. The post-conviction court granted relief for the purpose of filing a motion for new trial which would permit an appeal if the motion was denied. Defendant filed a motion for new trial which was denied by the trial court. On appeal, Defendant argues that the trial court erred when it denied his motion to dismiss based on the State’s failure to preserve evidence or exclude evidence from the trial. Having reviewed the record and the briefs of the parties, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jesus Alfonso Castillo
Defendant, Jesus Alfonso Castillo, was indicted by a Rutherford County Grand Jury along with four co-defendants for conspiracy to sell over 300 grams of methamphetamine in a drug free zone. Defendant was also indicted for delivery of over 300 grams of methamphetamine in a drug free zone and possession of over 300 grams of methamphetamine in a drug free zone. The second and third counts and the drug free zone enhancement were dismissed prior to trial. A jury convicted Defendant on the conspiracy count. The trial court imposed a fifteen-year sentence to be served in confinement. Defendant filed a motion for new trial that was denied by the trial court. Defendant timely appeals whether the trial court had territorial jurisdiction and whether venue was proper. Defendant further argues the evidence was insufficient to support his conviction. After a review, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. James Ruba Hill, Jr.
A Knox County Criminal Court Jury convicted the Appellant, James Ruba Hill, Jr., of burglary, theft, and evading arrest. The trial court sentenced the Appellant as a career offender to a total effective sentence of twelve years in the Tennessee Department of Correction. On appeal, the Appellant contends that the evidence is insufficient to sustain his burglary conviction and that the theft conviction should be merged into the burglary conviction. Upon review, we conclude the evidence is sufficient to sustain his burglary conviction and remand to the trial court for the theft conviction to be merged into the burglary conviction. |
Knox | Court of Criminal Appeals | |
James Rodney Smith v. State of Tennessee
The Petitioner, James Rodney Smith, appeals the Houston County Circuit Court’s order summarily dismissing his petition for |
Houston | Court of Criminal Appeals | |
State of Tennessee v. Maliq Asadi Muhammad
The Defendant, Maliq Asadi Muhammad, appeals from the Blount County Circuit Court’s revocation of probation for his Range I, |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Novodny Young
Defendant, Novodny Young, appeals after the trial court revoked his probation and ordered him to serve his effective eight-year sentence in incarceration. Because the trial court did not abuse its discretion, we affirm the judgment of the trial court. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. Jose Gonzalez Bonilla
The Defendant, Jose Gonzalez Bonilla, was convicted by a jury of rape of a child and aggravated sexual battery, and he received an effective sentence of thirty-five years in confinement. The Defendant appeals, asserting that the evidence was insufficient to support the verdict, that the trial court erred in denying his motion to sever, that the trial court erred in permitting the testimony of a forensic social worker, that he is entitled to relief from the convictions under the theory of cumulative error, and that the trial court erred in sentencing him. After a thorough review of the record, we conclude that the Defendant is not entitled to appellate relief, and we affirm the trial court’s judgments. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Michael William Shavers
The defendant, Michael William Shavers, appeals the Hamilton County Criminal Court’s order revoking his probation and ordering him to serve the balance of the 10-year effective sentence for his guilty-pleaded convictions of attempted second degree murder in confinement. Discerning no error, we affirm. |
Hamilton | Court of Criminal Appeals | |
Allen Hill v. State of Tennessee
The Petitioner, Allen Hill, appeals from the Knox County Criminal Court’s denial of his petition for post-conviction relief from his 2018 conviction for possession with the intent to sell 0.5 gram or more of cocaine, for which he is serving a twenty-year sentence as a Range II offender. The Petitioner contends that he received the ineffective assistance of counsel, rendering his guilty plea involuntary. We affirm the judgment of the postconviction court. |
Knox | Court of Criminal Appeals | |
Quinton A. Cage v. State of Tennessee
Petitioner, Quinton A. Cage, appeals the denial of his petition for habeas corpus relief in which he argues that he was deprived of a fair trial. Because we determine that Petitioner has failed to file a timely notice of appeal or provide a reason as to why the timely filing of the notice of appeal should be waived, the appeal is dismissed. |
Davidson | Court of Criminal Appeals | |
Leonel Lopez v. State of Tennessee
A Davidson County grand jury indicted Petitioner, Leonel Lopez, for first degree murder. After a jury trial, Petitioner was convicted of second degree murder. Petitioner received a twenty-year sentence. This Court upheld Petitioner’s conviction on appeal. State v. Lopez, 440 S.W.3d 601 (Tenn. Crim. App. 2014). Petitioner filed a pro se petition for post-conviction relief arguing that he received ineffective assistance of counsel, that the prosecution failed to disclose exculpatory evidence, that the State engaged in prosecutorial misconduct, and that the trial court made various errors. After two hearings, the post-conviction court denied relief. After reviewing the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Bryan James Cooke
The Defendant, Bryan James Cooke, challenges his effective sentence of two consecutive terms of life imprisonment without the possibility of parole resulting from his convictions of two counts of first degree premeditated murder, two counts of felony murder, two counts of aggravated burglary, and a theft offense. Both the Defendant’s motion for a new trial and his notice of appeal were filed over one year after the entry of the judgment forms, and the Defendant has given no explanation of the untimely filings. Accordingly, we dismiss the appeal. |
Warren | Court of Criminal Appeals | |
Miguel Saenz v. State of Tennessee
The petitioner, Miguel Saenz, appeals the dismissal of his post-conviction petition, arguing the post-conviction court erred in dismissing the petition as time-barred. Following our review, we affirm the post-conviction court’s dismissal of the petition. |
Shelby | Court of Criminal Appeals | |
Dwight Michael Alston v. State of Tennessee
The Petitioner, Dwight Michael Alston, appeals the post-conviction court’s denial of his petition for post-conviction relief in which he challenged his conviction for first degree premeditated murder. The Petitioner maintains that trial counsel was ineffective for advising him not to testify and for failing to investigate and raise issues regarding the competence of the Petitioner’s son. Additionally, the Petitioner asserts that the postconviction court erred in finding that appellate counsel was ineffective for failing to raise issues on appeal that were included in the motion for new trial. The Petitioner also argues that the post-conviction court erred in not allowing a continuance or bifurcated hearing so that appellate counsel could be present to testify. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Tipton | Court of Criminal Appeals | |
Kenneth Darrin Fisher v. State of Tennessee
The petitioner, Kenneth Darrin Fisher, 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 and on appeal. Specifically, the petitioner asserts trial counsel was ineffective for failing to properly prepare the petitioner to testify at trial; failing to object to the State’s assertion that the gun found in the petitioner’s vehicle was an “assault rifle;” failing to object to the admission of the unredacted video of the petitioner’s police interview; and failing to appeal the trial court’s admission of Ms. Burchett’s recorded preliminary hearing testimony. The petitioner also asserts he was deprived due process when the post-conviction court sustained the State’s objection regarding Ms. Green’s testimony. After our review of the record, briefs, and applicable law, we affirm the denial of the petition. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Carlton Smith
A Knox County jury convicted the defendant, Carlton Smith, of three counts of burglary and one count each of assault and theft. As a result of his convictions, the trial court sentenced the defendant to 12 years’ confinement for each count of burglary and 11 months and 29 days for assault and theft. The trial court merged the three burglary convictions into one count and ordered the defendant’s sentences to be served concurrently. On appeal, the defendant challenges the application of the burglary statute, challenges the sufficiency of the evidence supporting his convictions, and claims his misdemeanor convictions for theft and assault should merge into his conviction for burglary. After reviewing the record and considering the applicable law, we affirm the defendant’s convictions. However, we conclude the defendant’s convictions for assault and theft should be merged with his conviction for burglary and remand the matter to the trial court for entry of amended judgments in accordance with this opinion. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Donquise Tremonte Alexander
The Petitioner, Donquise Tremonte Alexander, entered a guilty plea to second-degree murder and was sentenced to thirty years in confinement. Following a motion to correct an illegal sentence and an untimely petition for post-conviction relief, the Petitioner filed a pro se petition to correct a clerical error on his judgment form, alleging that the form was not stamped “filed.” The post-conviction court denied the petition, and the Petitioner filed a timely appeal. Following our review, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Calvin Smith and Hayden Bowen
The Shelby County Grand Jury indicted Defendants Calvin Smith and Hayden Bowen for attempted first degree murder in counts one and three and for employment of a firearm during the commission of a dangerous felony in counts two and four. Each Defendant filed a motion to dismiss the indictment, arguing that the failure of the State to name a specific victim in counts one and three violated their right against double jeopardy. Following a hearing, the trial court dismissed all counts of the indictment. The State appeals as of right from the trial court’s dismissal of Defendants’ indictment, arguing that the trial court improperly dismissed the indictment based on the weight of the evidence and that the indictment provided sufficient protection against double jeopardy. After a thorough review, the judgments of the criminal court are reversed, the indictment is reinstated, and the case is remanded for further proceedings consistent with this opinion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Eddie Smith
Defendant, Eddie Smith, appeals his conviction for second degree murder and his twentyone-year sentence. On appeal, Defendant contends that the trial court erred in (1) excluding proof of the victim’s prior bad acts as corroborative evidence that the victim was the initial aggressor and (2) instructing the jury that Defendant had a duty to retreat before using force intended or likely to cause death or serious bodily injury in selfdefense. We affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals |
