Willie Lee Hughes, Jr. v. State of Tennessee
A Williamson County jury convicted Petitioner, Willie Lee Hughes, Jr., of aggravated robbery, for which he received a sentence of twenty-five years’ incarceration. Petitioner filed for post-conviction relief, which was denied following an evidentiary hearing. Petitioner appeals, asserting that he was denied the effective assistance of counsel based on trial counsel’s failure to: (1) explore racial bias during jury selection; (2) challenge the lack of diversity in the venire; (3) advise Petitioner of his right to allocution at sentencing; and (4) argue on appeal that the trial court erred by failing to declare a mistrial after being advised of an interaction between jurors and Petitioner’s son. Following a thorough review, we affirm the judgment of the post-conviction court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Antonio Burkhart, Alias Antonio Markezzee Burkhart
In two consolidated cases, the Defendant pleaded guilty to three counts of violating the sex offender registry, reserving two certified questions of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) regarding the validity of his original judgment and the validity of the reporting requirements. After review, we affirm the trial court’s judgments. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Justin Ryan Johnson, Alias
Following a revocation hearing, the trial court revoked the probation of Defendant, Justin Ryan Johnson, and ordered confinement for his remaining sentence. On appeal, Defendant alleges the trial court abused its discretion and requests the revocation be reversed and his sentence be returned to enhanced probation. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Anthony Todd Ghormley v. State of Tennessee
The Petitioner, Anthony Todd Ghormley, appeals the Blount County Circuit Court’s denial of his petition for post-conviction relief from his convictions of two counts of attempted first degree murder, one count of especially aggravated kidnapping, one count of especially aggravated burglary, and three counts of aggravated assault and resulting effective sentence of one hundred five years. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel and that the trial court was impermissibly biased against him. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Donald Lee Shields, Jr.
After a trial, a Warren County jury found Defendant, Donald Lee Shields, Jr., guilty of three counts of especially aggravated kidnapping, one count of false imprisonment, and one count of attempted aggravated assault. The trial court sentenced Defendant as a Range I standard offender to an effective sentence of eighteen years. On appeal, Defendant argues that the evidence is insufficient to support his convictions for especially aggravated kidnapping. After a thorough review of the record and applicable case law, we affirm the judgments of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Todd Fawver
The Appellant, Todd Fawver, appeals the trial court’s revocation of his probation and denial of his motion to reduce his sentence, arguing that his violation was merely “technical” and that he should have been given a second chance at alternative sentencing. Upon review, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Brandon Johnson
Following a jury trial, the Defendant, Brandon Johnson, was convicted of premeditated first-degree murder and unlawful possession of a firearm by a convicted felon, for which he received an effective sentence of life plus ten years. On appeal, the Defendant contends that (1) the trial court erred by failing to suppress three lineup identifications that were unduly suggestive; (2) the trial court erred by refusing to sever the unlawful possession of a firearm by a convicted felon offense from the first-degree murder count, thereby preventing him from receiving a fair trial; and (3) the evidence was insufficient to support his convictions. Following our review, we affirm the Defendant’s convictions. |
Shelby | Court of Criminal Appeals | |
John Simmons v. State of Tennessee
The Petitioner, John Simmons, pleaded guilty to first degree murder and was sentenced to life imprisonment. The Petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel and alleging prosecutorial misconduct. After a hearing, the post-conviction court denied relief. The Petitioner appeals the denial, maintaining that he received ineffective representation in violation of his constitutional right to counsel. After review, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Bobby Lewis Parks
Defendant, Bobby Lewis Parks, pled guilty to possession of 0.5 grams or more of cocaine with intent to sell or deliver. Pursuant to the plea agreement, Defendant attempted to reserve a certified question of law regarding the trial court’s denial of his motion to suppress evidence found pursuant to a search warrant. Additionally, Defendant challenges the trial court’s imposition of a thirty-year sentence. Based upon our review of the record, we conclude that Defendant failed to properly preserve his certified question of law and dismiss that portion of his appeal. In all other respects, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Shelby Isaac
Defendant, Shelby Isaac, was convicted of two counts of second degree murder, one count of reckless homicide, and one count of criminally negligent homicide after a jury found her guilty of killing three victims. The trial court sentenced Defendant to a total effective sentence of thirty years. On appeal, Defendant challenges the sufficiency of the evidence supporting her convictions, the admission of a photograph of an opened uterus, the admission of a witness’s gang affiliation, the admission of a witness’s jail phone call as a prior consistent statement, the admission of a photograph of Defendant standing next to a man making a hand gesture that Defendant claims is a gang sign, the trial court’s denial of Defendant’s motion for a continuance, the trial court’s denial of Defendant’s motion for mistrial, the propriety of the prosecutor’s rebuttal closing argument, and the trial court’s imposition of consecutive sentencing. After a thorough review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Shelby Isaac - Concur
I concur with the majority opinion, but am writing separately in order to explain my analysis of why the evidence is sufficient beyond a reasonable doubt to sustain Defendant’s conviction for criminally negligent homicide of the unborn child of Ms. Thomas. I must admit that initially I was skeptical that the evidence was sufficient to support the conviction in light of the specific facts of this case as they applied to the statutory definition of “criminal negligence” set forth in T.C.A. § 39-11-106(a)(5) (Supp. 2019). |
Shelby | Court of Criminal Appeals | |
Randy B. Dalton v. State of Tennessee
In 2016, the Petitioner, Randy B. Dalton, pleaded guilty to offenses contained in three indictments: aggravated robbery, theft of a vehicle valued at more than $1,000, escape from a penal institution, harvesting ginseng out of season, and harvesting ginseng out of season with less than three prongs. Pursuant to a plea agreement, the trial court imposed partial consecutive sentencing with a total effective sentence of eighteen years of confinement. In 2017, the Petitioner filed a petition for post-conviction relief, alleging that he had received the ineffective assistance of counsel. Following a hearing, the postconviction court denied the petition. After review, we affirm the post-conviction court’s judgment. |
Grainger | Court of Criminal Appeals | |
Johnathan Robert Leonard v. State of Tennessee
The Defendant, Johnathan Robert Leonard, was convicted of three counts of rape of a child, two counts of soliciting sexual exploitation of a minor, and one count of aggravated sexual battery and was sentenced to an effective term of ninety-six years. After this court affirmed the judgments on direct appeal, the Defendant sought post-conviction relief, alleging ineffective assistance of counsel at trial and on appeal. The post-conviction court granted the Defendant a delayed appeal to allow him to challenge his sentence. In this delayed appeal, the Defendant challenges the length of his sentence for each conviction and the trial court’s imposition of partial consecutive sentences. We conclude that counsel was not ineffective in failing to challenge the Defendant’s sentence in his direct appeal and that the post-conviction court, therefore, erred in granting the delayed appeal. Accordingly, we vacate the post-conviction court’s order and remand for further proceedings. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Walter Roy Chavez, Jr.
A Lincoln County Circuit Court Jury convicted the Appellant, Walter Roy Chavez, Jr., of possession of one-half gram or more of methamphetamine with intent to resell, possession of one-half gram or more of methamphetamine with intent to deliver, simple possession of marijuana, and driving on a revoked license. After a sentencing hearing, the trial court merged the convictions of possession of methamphetamine and ordered that he serve an effective twelve years in confinement. On appeal, the Appellant contends that the evidence is insufficient to support his convictions of possession of methamphetamine and that the trial court erred by ordering an excessive sentence and by denying his request for alternative sentencing. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Lincoln | Court of Criminal Appeals | |
State of Tennessee v. Michael L. Caudle
In this delayed appeal, the Defendant, Michael L. Caudle, appeals his convictions for two counts of the sale of less than 0.5 grams of cocaine within a drug-free school zone, two counts of the delivery of less than 0.5 grams of cocaine within a drug-free school zone, and one count of possession of 0.5 grams or more of cocaine within a drug-free school zone with the intent to manufacture, sell, or deliver, for which he received an effective sixty-year sentence as a career offender. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. We conclude that the trial court lacked jurisdiction to grant the delayed appeal. Therefore, we dismiss the delayed appeal. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Richard Earnest Williams
Defendant, Richard Earnest Williams, entered open pleas of guilty to the charges in three separate indictments. He pled guilty to three counts of aggravated burglary, a Class C felony, four counts of theft over $10,000, a Class C felony, two counts of theft more than $2,500 but less than $10,000, a Class D felony, three counts of vandalism, a Class E felony, and one count of reckless aggravated assault, a Class D felony. In Case No. 17-CR-145, the trial court imposed a sentence of fifteen years as a persistent offender for aggravated burglary, fifteen years as a persistent offender for each count of theft over $10,000, and twelve years as a career offender for vandalism, and twelve years as a career offender for reckless aggravated assault. In Case No. 17-CR-146, the trial court imposed a sentence of fifteen years for aggravated burglary as a persistent offender, twelve years for each count of theft more than $2,500 but less than $10,000 as a career offender, and six years for vandalism as a career offender. In Case No. 17-CR-147, the trial court imposed a sentence of fifteen years as a persistent offender for aggravated burglary, twelve years as a career offender for each count of theft more than $2,500 but less than $10,000, and six years as a career offender for vandalism. The trial court merged the two theft convictions in each case into one count because they involved alternate theories of committing the offense. The trial court ordered the counts in each case to run concurrently with each other but consecutively to the other cases for an effective forty-five-year sentence to be served in confinement. On appeal, Defendant challenges the length of his sentences. Upon reviewing the record and the applicable law, we affirm the judgments of the trial court. |
Lincoln | Court of Criminal Appeals | |
Carlos D'Juan Campbell, Jr. vs. State of Tennessee
The Petitioner, Carlos D’Juan Campbell, Jr., appeals the Knox County Criminal Court’s denial of his petition for post-conviction relief from his two convictions for attempted first degree murder and one conviction for employing a firearm during the commission of a dangerous felony, arguing (1) he received ineffective assistance of counsel and (2) the post-conviction court erred in allowing the State to present proof and argument at the post-conviction hearing after the State failed to file a written response to his petition. We affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Brian Marquince Long
In this consolidated appeal, Defendant, Brian Marquince Long, challenges the trial court’s revocation of Community Corrections in three separate cases. After a review, we conclude that the trial court did not abuse its discretion in revoking Defendant’s Community Corrections sentence and ordering him to serve his effective seventeen-year sentence in incarceration. |
Henry | Court of Criminal Appeals | |
State of Tennessee v. Shaun Michael Vincent
A jury convicted the Defendant, Shaun Michael Vincent, of aggravated robbery after he brandished a baseball bat and took property from the victim, who was attempting to pay the Defendant’s girlfriend for sexual contact. The Defendant was sentenced to serve eleven years in confinement. On appeal, he challenges the sufficiency of the evidence and asserts that the trial court erred in limiting cross-examination of the victim, excluding evidence implicating the victim in prior sexual misconduct, and excluding a video of the victim’s interactions with police. The Defendant further argues that the court erred in denying him jury instructions regarding defense of a third person and special instructions on aggravated robbery and that he is entitled to relief pursuant to cumulative error. After a thorough review of the record, we affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Blake O. Swann
The Defendant, Blake O. Swann, appeals the Washington County Criminal Court’s order revoking his probation for his aggravated assault conviction and ordering him to begin anew his four-year sentence on community corrections. The Defendant contends that the trial court abused its discretion by revoking his probation. We affirm the judgment of the trial court. |
Washington | Court of Criminal Appeals | |
Shaun Royal Hill v. State of Tennessee
Petitioner, Shaun Royal Hill, was convicted by a Tipton County jury of rape. He was sentenced to fifteen years in confinement. Petitioner filed a pro se petition for postconviction relief and was appointed counsel. The post-conviction court entered an order dismissing the petition after a hearing. On appeal, Petitioner argues that he received ineffective assistance of counsel. After conducting a full review of the record, we affirm the judgment of the post-conviction court. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Quinterrio Murrell
Defendant, Quinterrio Murrell, appeals the trial court’s revocation of his probation, arguing that the trial court abused its discretion in ordering that he serve his four-year sentence in confinement. Upon our review of the record, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Christopher Jones v. State of Tennessee
Petitioner, Christopher Stephen Jones, was convicted by a jury of first degree murder and abuse of a corpse, for which he received a life sentence. His convictions were affirmed on direct appeal by this Court. State v. Christopher Jones, No. W2015-01028-CCA-R3-CD, 2017 WL 192146, at *1 (Tenn. Crim. App. Jan. 17, 2017), no perm. app. filed. Petitioner sought post-conviction relief on the basis of ineffective assistance of counsel. The post-conviction court denied relief after a hearing. Petitioner appealed. After a review, we dismiss the appeal. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jamie Todd Birdwell
On November 15, 2016, Defendant, Jamie Todd Birdwell, pled guilty to Class D felony theft of property valued at $1,000 or more but less than $10,000 in case number 74CC4-2015-CR-708 and to three counts of Class A misdemeanor theft of property in case number 74CC2-2016-CR-266. The plea agreement provided that Defendant would be sentenced to twelve years as a career offender with the manner of service to be determined following a sentencing hearing. Defendant failed to appear for his January 13, 2017 sentencing hearing, a capias was issued for his arrest, and he was subsequently indicted for felony failure to appear. Defendant’s initial counsel then withdrew. After three other attorneys were appointed and two were allowed to withdraw, trial counsel entered a notice of appearance and filed a motion to withdraw Defendant’s guilty pleas. Following a hearing on June 12, 2017, the trial court denied Defendant’s motion to withdraw his guilty pleas and set a sentencing hearing. On appeal, Defendant asserts that the trial court erred in denying his motion to withdraw his guilty pleas because the trial court, defense counsel, and prosecutor were all under the mistaken impression at the guilty plea submission hearing that Defendant was facing a sentence of twelve years as a career offender for Class D Felony theft, rather than six years for a Class E felony theft, because the value of theft statute, Tennessee Code Annotated section 39-14-105, became effective January 1, 2017, before the date of his original sentencing hearing. After a thorough review of the facts and applicable case law, we affirm the trial court’s denial of the motion to withdraw Defendant’s guilty pleas. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Derek Wyche
The Defendant-Appellant, Derek Wyche, was convicted by a Davidson County jury of felony murder and especially aggravated robbery, for which he received a mandatory life sentence plus twenty years’ imprisonment. In this appeal as of right, the Defendant challenges the sufficiency of the evidence in support of his convictions and the trial court’s imposition of consecutive sentencing. Upon our review, the convictions of the trial court are affirmed. However, we remand this matter for a new sentencing hearing. |
Davidson | Court of Criminal Appeals |
