Kenneth Alan Steele v. State of Tennessee
The Petitioner, Kenneth Alan Steele, appeals from the Hamilton County Criminal Court’s denial of relief for his petition pursuant to the Post-Conviction DNA Analysis Act. The post-conviction court granted his petition for analysis but denied further relief based upon the results of the analysis. The Petitioner contends that the court failed to afford him a hearing and erred in denying relief after interpreting the DNA analysis reports. We affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Darrell Wayne Bumpas
Following a bench trial in the Criminal Court for Davidson County, the Defendant, Darrell Wayne Bumpas, was convicted of forgery over $1,000; criminal simulation over $1,000; theft of property over $1,000; and two counts of identity theft. For these offenses, the trial court sentenced the Defendant to a total effective sentence of twelve years to serve in the Department of Correction. On appeal, the Defendant asserts that the trial court improperly admitted into evidence a photocopy of the fraudulent check and still photographs from a bank security camera. He argues that the State failed to properly authenticate the evidence under Tennessee Rules of Evidence 901 and 902. The Defendant also asserts that his sentence is excessive. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Ramiro R. Ibarra
The Defendant, Ramiro R. Ibarra, pleaded guilty to one count of vehicular homicide and three counts of vehicular assault. The trial court sentenced him to twelve years and ordered that he serve 364 days in confinement and the remainder of his sentence on Community Corrections. The Defendant’s probation officer alleged that the Defendant violated his probation and, at a hearing, the Defendant admitted that he violated the conditions of his probation. The trial court revoked his probation and ordered that he serve his sentence in confinement. On appeal, the Defendant contends that the trial court erred when it ordered that he serve his sentence in confinement. On appeal, we affirm the trial court’s judgment. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Matthew Bruce Howard
The Appellant, Matthew Bruce Howard, pled guilty to second degree murder, and the trial court sentenced him to twenty-five years in the Tennessee Department of Correction. On appeal, the Appellant challenges the length of the sentence imposed by the trial court, arguing that the trial court erred by enhancing his sentence because he abused a position of private trust. Upon review, we agree that the trial court erred by finding that the Appellant abused a position of private trust, but we nevertheless affirm the judgment of the trial court. |
Cumberland | Court of Criminal Appeals | |
State of Tennessee v. Larry Sylvester Woods
The Defendant, Larry Sylvester Woods, appeals from the Hamilton County Criminal Court’s revocation of probation for his Range I, two-year sentence for burglary of a business, a Class D felony. See T.C.A. § 39-14-402 (2014). He contends that the trial court erred in revoking his probation and ordering him to serve his sentence, rather than ordering him to participate in a drug treatment program. We affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Stephan Richardson
Following a jury trial, the Defendant, Stephan Richardson, was convicted of aggravated robbery, aggravated burglary, employment of a firearm during the commission of a dangerous felony, and unlawful possession of a handgun by a convicted felon. On appeal, the Defendant contends that (1) the trial court erred by failing to suppress his statement because the “officers unreasonably delayed booking [him] in order to” secure his statement and because his statement was involuntarily given; (2) his conviction for employing a firearm during the commission of a dangerous felony is invalid because the indictment failed to specify the predicate dangerous felony; and (3) the trial court erred by refusing to sever or bifurcate the unlawful possession of a handgun by a convicted felon offense from the other three counts, thereby, preventing him from receiving a fair trial. Following our review, we affirm the Defendant’s convictions for aggravated robbery, aggravated burglary, and unlawful possession of a handgun by a convicted felon. However, because the jury was charged with a nonexistent crime regarding the employment of a firearm during the commission of a dangerous felony conviction, we reverse that conviction and remand that count for a new trial. |
Shelby | Court of Criminal Appeals | |
Maurice Johnson v. State of Tennessee
Maurice Johnson (“the Petitioner”) appeals the Bradley County Criminal Court’s denial of post-conviction relief from his convictions of three counts of first degree felony murder, for which he was sentenced to life without parole. On appeal, the Petitioner contends that he was denied the effective assistance of counsel based on trial counsel’s failure to: (1) adequately investigate potential witnesses; (2) adequately investigate two witnesses who testified at trial; (3) prepare the Petitioner for testimony; (4) object to irrelevant and prejudicial evidence relating to the Petitioner’s drug dealing and “the Sweetwater fight”; (5) question co-defendant Twanna Blair about her statement to police that the perpetrators were white men; and (6) adequately protect the Petitioner’s appellate rights. The Petitioner asserts that he is entitled to relief based on these claims individually and based on the cumulative effect of these errors. The Petitioner additionally asserts that the post-conviction court erred by denying relief “in the face of structural error.” Following a thorough review, we affirm the judgment of the postconviction court. |
Bradley | Court of Criminal Appeals | |
Curtis Keller v. State of Tennessee
Petitioner, Curtis Keller, appeals the denial of his petition for post-conviction relief, in which Petitioner alleged that he received the ineffective assistance of counsel. Having reviewed the record and the briefs of the parties, we affirm the judgment of the postconviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Timothy Ware
Defendant, Timothy Ware, was indicted by the Shelby County Grand Jury for one count of aggravated sexual battery. Following a jury trial, Defendant was convicted as charged and sentenced to 16 years’ confinement. On appeal, Defendant contends that the evidence was not sufficient to sustain his conviction. Having reviewed the record and the briefs of the parties, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Dwight Michael Alston
A Tipton County Circuit Court Jury convicted the Appellant, Dwight Michael Alston, of first degree premeditated murder, and he received a life sentence. On appeal, the Appellant contends that the evidence is insufficient to support the conviction because it fails to show he premeditated the killing. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Tipton | Court of Criminal Appeals | |
Herman McKinley v. State of Tennessee
The Petitioner, Herman McKinley, filed a petition for post-conviction relief, alleging that his trial counsel was ineffective by failing to preserve his right to allocution at the sentencing hearing and by failing to ask the trial court to recuse itself because it signed the Petitioner’s arrest warrant. The post-conviction court denied relief, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ricardo Davidson
The Appellant, Ricardo Davidson, is appealing the trial court’s denial of his motion to correct an illegal sentence. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Barbara Pinnix
The Defendant, Barbara Pinnix, pleaded guilty to attempted conspiracy to manufacture methamphetamine, and the trial court imposed an eight-year sentence, with the Defendant to serve twenty-seven days followed by the remainder of her sentence on probation. The Defendant’s probation officer filed an affidavit for a probation violation warrant, alleging that the Defendant had brought contraband into jail. The Defendant pleaded guilty to the revocation but later filed a motion to set aside the revocation order, claiming that her decision was hastily made. The trial court denied the motion, and the Defendant appeals. On appeal, she contends that the trial court erred when it denied her motion to withdraw her admission to a probation violation and that it should have reviewed her motion pursuant to Tennessee Rule of Criminal Procedure 32(f). After review, we affirm the trial court’s judgment. |
Marion | Court of Criminal Appeals | |
Randy Wayne Bennett v. State of Tennessee
The Petitioner, Randy Wayne Bennett, appeals from the Williamson County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner contends that the ineffective assistance of his trial counsel led to his rejection of a more beneficial plea offer from the State. Discerning no error, we affirm the judgment of the post-conviction court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. David Way
The Defendant-Appellant, David Way, appeals from his Sevier County jury convictions of burglary, theft over $1,000, vandalism over $1,000, and possession of burglary tools. As a career offender, he received an effective sentence of thirty-six years in confinement. The sole issues presented for our review are whether the trial court erred in denying Way’s motion to suppress certain evidence due to the State’s failure to establish a proper chain of custody and whether the evidence is sufficient to support each of his convictions. Upon our review, we affirm the judgments of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Rosemary L. Decosimo
Defendant-Appellant Rosemary L. Decosimo entered a plea of nolo contendere to driving under the influence per se and reserved a certified question regarding the trial court’s denial of her motion to dismiss the indictment, or in the alternative, motion to suppress the test results from her blood test. She argues on appeal that the trial court erred in denying her motion on the basis that Tennessee Code Annotated section 55-10-413(f), which gives the Tennessee Bureau of Investigation $250 for each DUI conviction that is obtained using a blood or breath test, is unconstitutional. For the reasons that follow, we agree with Decosimo and reverse the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Marvin Devon Summers
A Bedford County jury found the Defendant, Marvin Devon Summers, guilty of theft of property valued between $10,000 and $60,000. The trial court sentenced the Defendant to serve a ten-year sentence. On appeal, the Defendant asserts that the evidence is insufficient, his sentence is excessive, and he requests plain error review of "all objections" and "all issues regarding venue and jurisidiction." After review, we affirm the trial court's judgment. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Travis Eugene Taylor
Defendant, Travis Eugene Taylor, pled guilty to voluntary manslaughter and employing a firearm during the commission of a dangerous felony. In exchange for his guilty pleas, he received consecutive sentences of fifteen years for voluntary manslaughter and six years for employing a firearm during the commission of a dangerous felony. Many years later, Defendant sought to set aside the trial court’s judgment, arguing that his convictions violated the principles of double jeopardy. Defendant appeals the denial of his motion. Because Defendant’s motion fails regardless of how it is construed, the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
Asata Dia Lowe v. Shawn Phillips, Warden
The Petitioner, Asata Dia Lowe, appeals the Blount County Circuit Court’s summary denial of his petition for a writ of habeas corpus from his 2000 convictions for two counts of first degree murder and one count of especially aggravated robbery and his effective sentence of life imprisonment without the possibility of parole plus twenty-five years. The Petitioner contends that the habeas corpus court erred by summarily dismissing his petition. We affirm the judgment of the habeas corpus court. |
Blount | Court of Criminal Appeals | |
Dorothy Denise Cross v. State of Tennessee
The Petitioner, Dorothy Denise Cross, filed a petition for post-conviction relief from her assault conviction, alleging that trial counsel was ineffective by failing to seek a continuance due to the Petitioner’s mental health issues. The post-conviction court denied the petition, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Latisha Jones v. Trinity Minter, Warden
The Petitioner, Latisha Jones, appeals the Shelby County Criminal Court’s denial of her petition for a writ of habeas corpus, wherein she sought relief from her convictions for first degree felony murder and especially aggravated robbery. In this appeal as of right, the Petitioner alleges that her convictions are void because she was illegally extradited from Mississippi to Tennessee, depriving the trial court of lawful jurisdiction. Discerning no error, we affirm the judgment of the habeas corpus court. |
Shelby | Court of Criminal Appeals | |
Charvasea Lancaster v. State of Tennessee
The Petitioner, Charvasea Lancaster, appeals from the Madison County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner contends that his guilty pleas were not knowingly and voluntarily entered because his trial counsel was ineffective in explaining the possible sentencing outcomes to him. Following our review, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Edward Jerome Harbison
The defendant, Edward Jerome Harbison, was convicted of first-degree murder, second degree burglary, and grand larceny for the 1983 death of Edith Russell and sentenced to death. State v. Harbison, 704 S.W.2d 314 (Tenn. 1986). The defendant’s death sentence was eventually commuted, and he is currently serving a term of life imprisonment without the possibility of parole. After numerous appeals, the defendant filed the present motion to correct an illegal sentence pursuant Tennessee Rule of Criminal Procedure 36.1. The defendant argues his sentence under the prior Tennessee statute, Tennessee Code Annotated § 39-2-202(a) (1982), is unconstitutional in addition to a plethora of other claims. Having reviewed the record and the procedural history of the defendant’s convictions, we conclude that the defendant’s claims are either not cognizable under Rule 36.1 and/or have been previously reviewed and resolved by our courts. As a result, the defendant is not entitled to relief. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Sandra Kay Stutts
The Defendant, Sandra Kay Stutts, was convicted by a Dyer County jury of one count of burglary of an automobile and one count of misdemeanor theft of property valued at $500 or less. The trial court sentenced the Defendant to one year in confinement for burglary of an automobile and to eleven months and twenty-nine days for misdemeanor theft and ordered the sentences to run concurrently. The trial court ordered the Defendant to serve sixty days of her sentence in confinement and the remainder on supervised probation. On appeal, the Defendant argues that the evidence was insufficient to convict her of burglary and of theft and that the trial court erred in sentencing her to continuous confinement for the non-violent property offense of burglary of an automobile. After a thorough review, we affirm the judgments of the trial court with respect to sufficiency of the evidence for both convictions but reverse the judgment for burglary of an automobile as to sentencing and remand for imposition of an appropriate sentence. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Roy Lee Ellis
The Carroll County Grand Jury issued a five-count indictment in Case No. 2015-CR-8, charging Roy Lee Ellis (“the Defendant”) with especially aggravated kidnapping, aggravated rape, aggravated assault, possession of drug paraphernalia, and theft of services. Following a jury trial, the Defendant was found guilty of possession of drug paraphernalia but was acquitted of especially aggravated kidnapping, aggravated rape, and aggravated assault of A.H., an adult female. The theft of services count was not presented to the jury. Based on video images captured from one of the Defendant’s cellular phones during the police investigation into Case No. 2015-CR-8, the State also obtained an indictment of the Defendant for two counts of sexual exploitation of a minor in Case No. 2016-CR-87. The Defendant filed a “Motion to Quash Indictment Because [o]f Misjoinder and/or Double Jeopardy” (“the Motion”). Following a hearing on the motion, the trial court found that the State violated the mandatory joinder requirement of Tennessee Rule of Criminal Procedure 8(a) and dismissed the indictment, and the State appealed. Because the two counts of sexual exploittion of a minor were not “based on the same conduct” nor did they “arise from the same criminal episode” as the offenses for which the Defendant was tried, we reverse the trial court, reinstate the indictment in Case No. 2016-CR-87, and remand for further proceedings. |
Carroll | Court of Criminal Appeals |
