State of Tennessee v. Frederick D. Curll
A Williamson County Circuit Court Jury convicted the Appellant, Frederick D. Curll, of aggravated cruelty to an animal, a Class E felony, and the trial court sentenced him as a Range II, multiple offender to four years in confinement. On appeal, the Appellant contends that the trial court erred in its jury instruction of “sadism,” that the evidence is insufficient to support the conviction, and that he received the ineffective assistance of counsel because trial counsel failed to call a veterinary expert to testify on his behalf and failed to file a motion to suppress the officer’s search of his back yard and seizure of the animal’s body without a warrant. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
James M. Meese v. State of Tennessee
The Petitioner, James M. Meese, entered guilty pleas to aggravated statutory rape, aggravated assault, simple possession of marijuana, and contributing to the delinquency of a minor, with a negotiated Range I seven-year sentence to be served on probation. The Petitioner filed a post-conviction petition, asserting that his trial counsel failed to properly investigate his charges and inaccurately advised him regarding his cumulative exposure. We conclude that trial counsel was ineffective in failing to accurately advise the Petitioner of his range of punishment and that as a result, the Petitioner did not knowingly enter into the plea agreement. Accordingly, we reverse the post-conviction court’s judgment, and we remand for a new trial on all charges. |
Wilson | Court of Criminal Appeals | |
Charles Owens v. Kevin Genovese, Warden
Pro se Petitioner, Charles Owens, appeals the dismissal of his petition for writ of habeas corpus by the Hickman County Circuit Court. On appeal, the Petitioner argues that his convictions for aggravated sexual battery are void because (1) the trial court announced his sentence through written order, without the Petitioner present, in violation of Tennessee Rule of Criminal Procedure 43(a)(3); and (2) the trial court ordered partial consecutive sentencing in violation of Tennessee Code Annotated section 40-20-111(a). Following our review, we affirm the dismissal of the petition, pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Hickman | Court of Criminal Appeals | |
Rhyunia Lamont Barnes v. State of Tennessee
The Petitioner, Rhyunia Lamont Barnes, was convicted of first degree murder and sentenced to life. In his appeal, the Petitioner argues that the trial court erred in summarily dismissing his petition for writ of error coram nobis. Upon review, we affirm the judgment of the coram nobis court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Dexter Octavius Parker
Defendant, Dexter Octavius Parker, was indicted for attempted first degree murder in Count One, “aggravated domestic assault” in Count Two, and especially aggravated kidnapping in Count Three. After a jury trial, Defendant was convicted of attempted second degree murder in Count One, aggravated assault in Count Two, and especially aggravated kidnapping in Count Three. He received a total effective sentence of forty-six years. On appeal, Defendant argues that the trial court improperly excluded the conclusion of one expert witness while allowing the conclusion of another expert witness regarding Defendant’s mental state. Defendant also argues that the trial court erred by reinstating and amending Count Two of the indictment after dismissing it during the trial. Concluding that the trial court committed structural constitutional error by reinstating Count Two of the indictment, we reverse and vacate the judgment in Count Two and affirm the judgments in Counts One and Three. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Maria Deleta Flowers, AKA Maria Palmer
The Appellant, Maria Deleta Flowers, was convicted in the Davidson County Criminal Court of reckless aggravated assault, a Class D felony, and was sentenced to four years in confinement. On appeal, the Appellant contends that the evidence is insufficient to support the conviction and that the State committed prosecutorial misconduct during closing arguments. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Eric James Lewis Bogle
A Marshall County Circuit Court Jury convicted the Appellant, Eric James Lewis Bogle, of rape of a child, a Class A felony, and the trial court sentenced him to thirty-five years in confinement to be served at 100%. On appeal, the Appellant contends that the trial court erred by denying his motion to suppress his statement to police because he invoked his right to counsel and that the evidence is insufficient to support his conviction without his statement. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Martavious D. Brooks and Brittany G. Lee
A Montgomery County jury convicted the Defendants, Martavious D. Brooks and Brittany G. Lee, of theft of property valued over $10,000, and it also convicted Defendant Lee of aggravated robbery. The trial court sentenced Defendant Brooks as a Range II, multiple offender to ten years in prison. The trial court merged Defendant Lee’s convictions and sentenced her to nine years in prison, at 85%, for the aggravated robbery conviction. On appeal, Defendant Lee contends that the evidence is insufficient to sustain her convictions and that the trial court improperly limited her cross-examination of a witness. Defendant Brooks contends that the evidence is insufficient to sustain his conviction for theft. After review, we affirm the trial court’s judgments. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Alisha Lynn Alsup
In this appeal, the State challenges the trial court’s dismissal of a DUI by impairment charge as an impermissible “broadening and/or substantial amendment” to the original charge of DUI per se. The Defendant, Alisha Lynn Alsup, was initially indicted by the Lawrence County Grand Jury for driving while the alcohol concentration in her blood or breath was 0.08% or more (DUI per se), T.C.A. § 55-10-401(2); driving without her eyeglasses, id. § 55-50-331; and driving with inoperable headlights, id. § 55-9-402. Alsup filed a motion to suppress the results of the field sobriety tests, the blood sample, and the blood test results, and, shortly thereafter, the grand jury issued a superseding indictment, charging her with driving under the influence (DUI by impairment), id. § 55- 10-401(1), in addition to the previously charged offenses. Thereafter, Alsup filed a brief in the trial court asking that the superseding indictment be dismissed. Following an evidentiary hearing, the trial court granted the motion to suppress the blood alcohol results and stated that “in light of the . . . suppression of the blood sample in this case, the Court finds it unnecessary to address the dismissal of the superseding indictment in that Count II of said indictment is premised on [Alsup’s] blood alcohol content being 0.08[%] or more.” The trial court then held that the State would only be allowed to proceed on the original indictment, which the court mistakenly believed charged Alsup with DUI by impairment. Thereafter, the trial court entered a second order, the subject of the State’s appeal, correcting some errors in the previous order, reiterating its suppression of the blood test results, dismissing the DUI per se counts in the original and superseding indictments based on the suppression of the blood test results, and dismissing the DUI by impairment charge in the superseding indictment as time-barred after determining thatthis charge was “a broadening and/or substantial amendment” to the DUI per se charge in the original indictment. In response, Alsup argues that the trial court exceeded its jurisdiction by entering the second order amending its first order pursuant to Tennessee Rule of Criminal Procedure 36, that the State failed to timely appeal from the first order entered, and that the trial court properly determined that the DUI by impairment charge was barred by the statute of limitations. Although this was a very close case, we conclude that the DUI by impairment charge in the superseding indictment broadened and substantially amended the charge of DUI per se in the original indictment. Accordingly, we affirm the judgment of the trial court. |
Lawrence | Court of Criminal Appeals | |
Dennis L. Rose v. Cherry Lindamood, Warden
Following a jury trial in Sullivan County Criminal Court, Petitioner, Dennis L. Rose, was found guilty of first degree murder. The judgment shows that he was given a life sentence in the Tennessee Department of Correction. After his conviction was affirmed on direct appeal, State v. Dennis Lee Rose, No. E2010-00734-CCA-R3-CD, 2012 WL 335548 (Tenn. Crim. App. Feb. 1, 2012), perm. app. denied (Tenn. May 21, 2012) (designated not for citation), Petitioner’s request for post-conviction relief was also denied, and that judgment was also affirmed. Dennis L. Rose v. State, No. E2015-00768- CCA-R3-PC, 2016 WL 3215682 (Tenn. Crim. App. June 2, 2016), perm. app. denied (Tenn. Oct. 19, 2016). Thereafter, Petitioner initiated this proceeding by filing his petition for habeas corpus relief. The petition was dismissed by the habeas corpus court, and Petitioner appealed. We affirm the judgment of the habeas corpus court. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Mathew Douglas Richardson
The Defendant, Matthew Douglas Richardson, entered a guilty plea in the Putnam County Criminal Court to two counts of aggravated statutory rape. See T.C.A. § 39-13- 506. The trial court imposed two-year sentences for each count, to be served consecutively under supervised probation. On appeal, the Defendant argues that the trial court erred in denying his request for judicial diversion. Upon our review, we affirm the judgments of the trial court. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Mark Anthony Clemmons
The Defendant, Mark Anthony Clemmons, was convicted upon his guilty pleas of possession with intent to sell not less than one-half ounce nor more than ten pounds of marijuana, a Class E felony; possession with intent to sell a Schedule III controlled substance (dihydrocodeinone), a Class D felony; and two counts of sale of not less than one-half ounce nor more than ten pounds of marijuana, a Class E felony. See T.C.A. §§ 39-17-417 (a)(1), (g)(1) (2014); (possession with intent to manufacture, deliver, or sell marijuana); -417(a)(1), (d)(1) (possession with intent to manufacture, deliver, or sell a Schedule III controlled substance); -417(a)(3), (g)(1) (sale of marijuana). The trial court found that the Defendant was a Range III offender and imposed an effective twenty seven- year sentence. On appeal, the Defendant contends that the trial court erred in classifying him as a Range III offender because the State failed to provide an adequate notice of its intent to seek Range III sentencing. We affirm the judgments of the trial court. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Ashley Juvinall
The Defendant, Ashley Juvinall, pleaded guilty to theft of property valued over $1,000, theft of property valued over $500 but less than $1,000, theft of property valued under $500, and fraudulent use of a credit card in exchange for an effective sentence of four years, eleven months, and twenty-nine days to be served on supervised probation. A probation violation warrant was issued alleging multiple violations and, after a hearing, the trial court revoked the Defendant’s probation sentence, ordering that she serve her sentence in confinement. On appeal, the Defendant asserts that the trial court abused its discretion when it revoked her probation sentence. After review, we affirm the trial court’s judgment. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Brian Allen Spears
The Defendant, Brian Allen Spears, appeals as of right from the Sevier County Circuit Court’s judgment revoking his community corrections sentence and ordering the Defendant to serve the remainder of his sentence in confinement. The Defendant argues that the trial court abused its discretion in ordering the sentence served in confinement. 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. |
Sevier | Court of Criminal Appeals | |
Roderick Dewayne Crosby v. State of Tennessee
A Davidson County jury convicted the Petitioner, Roderick Dewayne Crosby, of four counts of aggravated kidnapping, three counts of aggravated robbery, one count of burglary, one count of aggravated assault, and one count of possession of a firearm during the commission of a dangerous felony, and the Petitioner received an effective sentence of thirty-four years. On appeal, this court affirmed the judgments. See State v. Roderick Dewayne Crosby, No. M2014-00914-CCA-R3-CD, 2015 WL 4197613, at *1 (Tenn. Crim. App., at Nashville, July 13, 2015), perm. app. denied (Tenn. Oct. 15, 2015). The Petitioner filed a post-conviction petition, and the post-conviction court denied relief following a hearing. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel. After review, we affirm the post-conviction court’s judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Lorenzoe Wilson
Lorenzoe Wilson (“the Defendant”) appeals the trial court’s revocation of his community corrections sentence and the imposition of his sentence of confinement, claiming that the trial court abused its discretion in finding that he violated the terms of alternative sentencing and that he should have been reinstated to community corrections. After a review of the record and applicable law, we conclude that the trial court did not abuse its discretion. The judgment of the trial court is affirmed. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Harley Crosland
In this appeal, the State challenges the trial court’s application of the general savings statute to the Defendant’s theft conviction, which occurred prior to the amendment of the theft statute, see T.C.A. §§ 39-14-103 (2014) (theft); 39-14-105 (2014) (amended 2017). Because no appeal as of right lies for the State pursuant to Tennessee Rule of Appellate Procedure 3 or Tennessee Code Annotated section 40-35-402, this court lacks jurisdiction to review this issue. Accordingly, we dismiss this appeal. We nevertheless detect errors in the judgment and remand for entry of a corrected judgment to reflect a Class A misdemeanor consistent with the amended theft statute. |
Lewis | Court of Criminal Appeals | |
State of Tennessee v. Harley Crosland - Dissent
Believing that it is not a forced interpretation of Tennessee Code Annotated section 40-35-402(b)(1) to provide the State an avenue for appeal and thus convey appellate jurisdiction, I respectfully dissent. |
Lewis | Court of Criminal Appeals | |
State of Tennessee v. Kentrell Lebron Lindsey
The Defendant, Kentrell Lebron Lindsey, appeals the trial court’s order requiring him to serve in confinement his effective six-year sentence for his guilty-pleaded convictions of possession of dihydrocodeinone, a Schedule III controlled substance, with the intent to sell or deliver; possession of oxycodone, a Schedule II controlled substance, with the intent to sell or deliver; and possession of a firearm with the intent to go armed during the commission of a dangerous felony. The trial court found that Tennessee Code Annotated section 39-17-1324(e), which required that the Defendant serve his three-year sentence for the firearm conviction in confinement and consecutively to his sentences for the drug convictions, rendered the Defendant statutorily ineligible for probation for his drug convictions. We conclude, and the State concedes, that the trial court erred in finding the Defendant statutorily ineligible for probation for his drug convictions. Accordingly, we reverse the trial court’s denial of probation for the drug convictions and remand the case for the trial court to consider the Defendant’s suitability for probation on his three-year sentences for the drug convictions. The trial court’s judgments are otherwise affirmed. |
Bradley | Court of Criminal Appeals | |
Edward Wilson v. State of Tennessee
The Petitioner, Edward Wilson, pled guilty to possession of heroin with the intent to sell, possession of cocaine with the intent to sell, and possession of marijuana with the intent to sell and to five misdemeanors, which consisted mainly of traffic offenses, in exchange for an agreed-upon effective sentence of twenty years of imprisonment as a Range II, multiple offender. He filed a timely post-conviction petition asserting that his trial counsel provided ineffective assistance by failing to inform him that he was pleading guilty to multiple offenses and by failing to litigate a motion to suppress. The postconviction court denied relief, finding that the Petitioner had failed to establish either deficiency or prejudice. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Howard P. Fisher
Following a bench trial, the Defendant, Howard P. Fisher, was convicted of aggravated assault and criminal trespass, for which he received a ten-year sentence and a $50 fine, respectively. On appeal, the Defendant argues (1) that the evidence was insufficient to support his conviction of aggravated assault; (2) that the trial court erred in granting the State a continuance for sentencing; and (3) that the trial court erred in denying his ineffective assistance of counsel claim. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Joseph Kantrell Norris v. State of Tennessee
The Petitioner, Joseph Kantrell Norris, appeals from the denial of post-conviction relief by the Williamson County Circuit Court. In this appeal, he argues that he received ineffective assistance of counsel. Upon our review, we affirm the judgment of the postconviction court. |
Williamson | Court of Criminal Appeals | |
Kevin Clark v. State of Tennessee
An Overton County jury convicted the Petitioner, Kevin Clark, of two counts of first degree premeditated murder, two counts of aggravated assault, one count of reckless endangerment, one count of aggravated arson, and one count of abuse of a corpse. The trial court sentenced him to an effective sentence of two consecutive life sentences. This court affirmed the trial court’s judgments on appeal. State v. Kevin Clark, No. M2912- 01744-CCA-R3-CD, 2013 WL 6145812 (Tenn. Crim. App., at Nashville, Nov. 21, 2013), perm. app. denied (Tenn. Apr. 8, 2014). The Petitioner filed a petition for postconviction relief in which he alleged, as relevant on appeal, that the post-conviction court erred when it denied his petition for post-conviction relief because: (1) he was deprived of his right to an impartial jury because of an improper communication between a juror and a witness; and (2) he received the ineffective assistance of counsel at trial. He further contended that the post-conviction court erred when it: (1) did not limit the scope of cross-examination of the Petitioner’s witness to questions relevant to the post-conviction petition; and (2) did not consider all the issues presented in his petition for postconviction relief. After review, we affirm the post-conviction court’s judgment. |
Overton | Court of Criminal Appeals | |
Bobby Chism v. State of Tennessee
The Petitioner, Bobby Chism, appeals the Shelby County Criminal Court’s denial of post-conviction relief from his guilty plea to two counts of aggravated robbery, one count of aggravated burglary, and one count of employment of a firearm during the commission of a dangerous felony. The Petitioner argues that his guilty plea was involuntary and that he received ineffective assistance of counsel. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Lisa Edwards
Following the denial of her application for pretrial diversion, the defendant, Lisa Edwards, petitioned the Knox County Criminal Court for a writ of certiorari. The trial court denied the petition for writ of certiorari but granted the defendant’s request for an interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. Because we find no abuse of discretion, we affirm the denial of pretrial diversion in this case. |
Knox | Court of Criminal Appeals |
