Rachris R. Thomas v. State of Tennessee
The Petitioner, Rachris R. Thomas, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he received effective assistance of counsel. Following our review, we affirm the judgment of the postconviction court denying the petition. |
Shelby | Court of Criminal Appeals | |
Raphael Love v. State of Tennessee
Petitioner, Raphael Love, appeals the denial of his petition for post-conviction relief. Petitioner argues that he received ineffective assistance of counsel. After a review of the record and the briefs of the parties, we determine Petitioner has failed to establish that he received ineffective assistance of counsel. Accordingly, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Edgar Ray Bettis v. State of Tennessee
A jury convicted the Petitioner, Edgar Ray Bettis, of first degree murder, second degree murder, and unauthorized use of a vehicle, and he received an effective life sentence. After his convictions and sentences were affirmed on appeal, the Petitioner sought postconviction relief on the grounds that trial counsel was ineffective in: (1) failing to evaluate the Petitioner’s competency; (2) failing to file a motion to suppress the Petitioner’s statement; (3) allowing a substitute medical examiner to testify; (4) failing to object to photographs entered into evidence; and (5) failing to secure a forensic pathologist to counter the State’s expert. After a thorough review of the record and law, we affirm the post-conviction court’s denial of relief. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Gary Ray Weldon
Defendant, Gary Ray Weldon,1 was convicted by a Campbell County jury of one count of solicitation of a minor to engage in aggravated statutory rape, and he was sentenced to one year in confinement. He appeals, arguing that the evidence is insufficient to sustain his conviction. Upon our review of the record, we affirm the judgment of the trial court. |
Campbell | Court of Criminal Appeals | |
State of Tennessee v. Christopher Lee Stewart
The Defendant, Christopher Lee Stewart, appeals the Jefferson County Circuit Court’s order revoking his probation and ordering him to serve his sentence in confinement. The State has filed a motion to affirm the trial court’s order pursuant to Tennessee Court of Criminal Appeals Rule 20. Following our review, we conclude that the State’s motion is well-taken and affirm the order of the trial court. |
Jefferson | Court of Criminal Appeals | |
State of Tennessee v. James B. Cobb
Following a jury trial, the Defendant, James B. Cobb, was convicted of driving under the influence, a Class A misdemeanor. He received a sentence of eleven months and twentynine days, suspended after forty-eight hours of incarceration. On appeal, the Defendant argues that (1) the evidence was insufficient to support his conviction; (2) the trial court erred in excluding a defense expert’s curriculum vitae from evidence; (3) the State made improper closing argument; and (4) the trial court erred in denying the Defendant’s oral request for a jury instruction on character witnesses. After a thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Rhea | Court of Criminal Appeals | |
State of Tennessee v. Josh Andrew Danoff
Defendant, Josh A. Danoff, was indicted by the Montgomery County Grand Jury for contributing to the delinquency of a minor, aggravated statutory rape, and three counts of rape based upon alternative theories of the same offense. Upon motion of the State, the trial court dismissed one count of rape prior to trial. Defendant was convicted by a jury of the remaining counts as charged. The trial court sentenced Defendant to serve three years for his aggravated statutory rape conviction, eight years for each rape conviction, and 11 months and 29 days for his contributing to the delinquency of a minor. The trial court merged the rape convictions and aggravated statutory rape conviction into one conviction of rape and ordered Defendant’s sentences to be served concurrently, for a total effective sentence of eight years. In this appeal as of right, Defendant contends that the evidence was insufficient to sustain his convictions; that the trial court committed plain error by allowing hearsay testimony; and that the trial court erred by failing to grant probation or split confinement. Having reviewed the entire record and the briefs of the parties, we find no error and affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Damarkus Lowe
The Defendant, Damarkus Lowe, appeals his jury conviction for first degree murder, for which he received a sentence of life imprisonment. In this direct appeal, the Defendant alleges the following errors: (1) that the evidence was insufficient to support his conviction, challenging the evidence establishing premeditation and criminal responsibility, and alleging that the accomplice testimony was not sufficiently corroborated; (2) that admission of a packet of letters sent to the police anonymously, which contained a note from the anonymous source and three letters allegedly authored by the Defendant that he mailed from jail to his associates, was improper because the letters were not properly authenticated, contained inadmissible hearsay, violated his confrontation rights, and were more prejudicial than probative; (3) that recorded jail calls containing inadmissible hearsay were erroneously admitted in violation of his confrontation rights; (4) that testimony regarding his “street name” of “D-Ru” was irrelevant and more prejudicial than probative; (5) that the trial court acted in violation of Brady v. Maryland, 373 U.S. 83, 87 (1963), when it failed to compel the State to disclose the name of a jailhouse informant who claimed to have information related to the victim’s murder; and (6) that the State committed prosecutorial misconduct during its closing argument by improperly vouching for several witnesses’ credibility requiring plain error relief. Following our review of the record and the applicable authorities, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Corey Gray v. State of Tennessee
The Petitioner, Corey Gray, appeals the Madison County Circuit Court’s denial of his untimely petition for post-conviction relief from his convictions of four counts of attempted first degree premediated murder, four counts of aggravated assault, four counts of employing a firearm during the commission of a dangerous felony, and one count of felony evading arrest and resulting effective sentence of 104 years in confinement. On appeal, the Petitioner contends that the post-conviction court erred by determining that due process did not require tolling the statute of limitations. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Grady Dewayne Carroll
The Appellant, Grady Dewayne Carroll, filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, and the Madison County Circuit Court summarily denied the motion. On appeal, the Appellant contends that his effective four-year sentences for his reckless endangerment and felony evading arrest convictions are illegal because the trial court used a prior juvenile adjudication for aggravated robbery to sentence him as a Range II, multiple offender. Based upon the record and the parties’ briefs, we affirm the Madison County Circuit Court’s denial of the motion. |
Madison | Court of Criminal Appeals | |
Jennifer Marie Lopez v. State of Tennessee
A Davidson County jury convicted Petitioner, Jennifer Marie Lopez, of the Class A felony offense of aggravated child neglect. She was sentenced to serve seventeen years in the Tennessee Department of Correction. The judgment was affirmed on direct appeal. State v. Jennifer Lopez and Sergio H. Gonzalez, No. M2014-01701-CCA-R3-CD, 2015 WL 6083216 (Tenn. Crim. App. Oct. 16, 2015), perm. app. denied (Tenn. March 24, 2016). Petitioner filed a timely petition for post-conviction relief. Following an evidentiary hearing, the post-conviction court dismissed the petition. Petitioner has appealed, asserting that she is entitled to relief based upon her trial counsel’s ineffective assistance of counsel. Following a review of the briefs of the parties and the entire record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Johnny Coffey v. State of Tennessee
The pro se Appellant, Johnny Coffey, appeals as of right from the Johnson County Criminal Court’s order summarily dismissing his motion to correct an illegal sentence. Tenn. R. Crim. P. 36.1. The State has filed a motion to affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the order of the trial court. |
Bradley | Court of Criminal Appeals | |
Brett A. Patterson v. State of Tennessee
The Petitioner, Brett A. Patterson, appeals from the Montgomery County Circuit Court’s summary dismissal of his petition for a writ of error coram nobis from his 1988 convictions for two counts of first degree murder, first degree burglary, and aggravated rape and his effective sentence of life imprisonment plus forty years. The Petitioner contends that the court erred by denying relief. We affirm the judgment of the coram nobis court relative to the video recording allegations, but we remand for further consideration of the Petitioner’s motion to continue relative to the laboratory bench notes allegations. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Destiny White
The defendant, Destiny White, appeals her Shelby County Criminal Court conviction for voluntary manslaughter, claiming the trial court erred by denying her request for judicial diversion. After a review of the record and applicable law, we conclude the trial court placed undue weight on the victim’s death in support of its decision to deny judicial diversion and failed to explain how, if at all, it considered and weighed other applicable factors. Therefore, we reverse the judgment of the trial court and remand the matter to the trial court for reconsideration. |
Shelby | Court of Criminal Appeals | |
Larry Edward Moore, Jr. v. State of Tennessee
Larry Edward Moore, the Petitioner, was convicted of carjacking. The Petitioner filed a petition for post-conviction relief, challenging his Davidson County Criminal Court conviction for carjacking. Following a hearing, the post-conviction court denied relief. On appeal, the Petitioner asserts that: (1) the trial court erred in denying his request to instruct the jury that unauthorized use of a motor vehicle was a lesser-included offense of carjacking; (2) trial counsel’s performance was deficient for failing to keep the Petitioner informed of his case and for failing to have an effective trial strategy; and (3) trial counsel’s performance on appeal was deficient for failing to include the lesser-included instruction issue in the motion for new trial and on appeal. After a thorough review of the facts and applicable case law, we affirm the post-conviction court’s denial of relief. |
Davidson | Court of Criminal Appeals | |
Joe Clark Mitchell v. Debra Johnson, Warden
The Petitioner, Joe Clark Mitchell, appeals from the Hickman County Circuit Court’s dismissal of his sixth petition for writ of habeas corpus. He contends that the judgments of conviction are void because this court lacked jurisdiction to modify his sentence without remanding to the trial court; the judgments from the appellate and trial courts are inconsistent and void; and the Giles and Maury County trial courts lacked jurisdiction to indict, convict, and sentence him. Upon review, we affirm the judgment of the habeas corpus court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Lee Harold Cromwell
The defendant, Lee Harold Cromwell, was convicted of one count of reckless vehicular homicide and eight counts of reckless aggravated assault against nine different victims. The trial court sentenced the defendant as a Range I, standard offender and imposed an effective twelve-year sentence. On appeal, the defendant argues the evidence was insufficient to support his convictions for reckless aggravated assault and challenges various aspects of the jury instructions. The defendant also argues the trial court erred in not merging his eight aggravated assault convictions into his vehicular homicide conviction. Finally, the defendant generally challenges the trial court’s sentencing determinations and asserts the cumulative effect of the errors alleged rendered his trial unfair. After our review, we affirm the evidence was sufficient to support the defendant’s convictions and the trial court properly sentenced the defendant, but conclude the trial court committed reversible error in instructing the jury as to reckless aggravated assault. Therefore, we vacate the defendant’s eight convictions for reckless aggravated assault and remand this case to the trial court for a new trial. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Kelly Scott Hood
The Defendant, Kelly Scott Hood, appeals the Cumberland County Criminal Court’s order revoking his probation for his aggravated burglary, theft, and attempted theft convictions and ordering him to serve the remainder of his effective eight-year sentence in confinement. The Defendant contends that the trial court abused its discretion by revoking his probation. We affirm the judgment of the trial court. |
Cumberland | Court of Criminal Appeals | |
Clark Derrick Frazier v. Randy Lee, Warden
The Petitioner, Clark Derrick Frazier, appeals the Johnson County Criminal Court’s summary dismissal of his petition for a writ of habeas corpus from his 2007 conviction for second degree murder and his twenty-five-year sentence. The Petitioner contends that the habeas corpus court erred by dismissing his petition. We affirm the judgment of the habeas corpus court. |
Johnson | Court of Criminal Appeals | |
Jimmy Heard v. Randy Lee, Warden
The Petitioner, Jimmy Heard, appeals the Johnson County Criminal Court’s summary dismissal of his petition for a writ of habeas corpus from his 2007 convictions for attempted second degree murder, conspiracy to commit aggravated robbery, aggravated robbery, and evading arrest and his effective forty-four-year sentence. The Petitioner contends that the habeas corpus court erred by dismissing his petition. We affirm the judgment of the habeas corpus court. |
Johnson | Court of Criminal Appeals | |
Jennifer Womac v. State of Tennessee
The petitioner, Jennifer Womac, appeals the denial of her petition for post-conviction relief, which petition challenged her 2012 guilty-pleaded conviction of second degree murder. In this appeal, the petitioner contends that her guilty plea was not knowingly and voluntarily entered, pointing to deficiencies in the plea colloquy, and that she was denied the effective assistance of counsel. Discerning no error, we affirm the denial of postconviction relief. |
Meigs | Court of Criminal Appeals | |
State of Tennessee v. Darrell Wayne Smith
The defendant, Darrell Wayne Smith, was convicted of driving under the influence and violation of the Tennessee Financial Responsibility statute. On appeal, the defendant contends he was denied a fair trial because the trial court issued a capias for his arrest in front of the jury. Additionally, the defendant contends the trial court erred in allowing portions of the State’s expert’s testimony and that the evidence is insufficient to support his convictions. On our review of the record and relevant authorities, the defendant is not entitled to relief. |
Roane | Court of Criminal Appeals | |
David Cody Watkins v. State of Tennessee
The petitioner, David Cody Watkins, appeals the denial of his post-conviction petition, arguing he received ineffective assistance of counsel at trial. Following our review, we affirm the denial of the petition. |
Weakley | Court of Criminal Appeals | |
State of Tennessee v. Marcus Latrail Easley
The defendant, Marcus Latrail Easley, appeals from the Weakley County Circuit Court’s denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. Discerning no error, we affirm the judgment of the trial court. |
Weakley | Court of Criminal Appeals | |
Cleo Henderson v. State of Tennessee
The petitioner, Cleo Henderson, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial. The petitioner also asserts the trial court erred in finding he waived his right to testify during trial. Following our review, we affirm the denial of the petition and conclude the petitioner affirmatively waived his right to testify at trial. |
Shelby | Court of Criminal Appeals |
