State of Tennessee v. William Lewis Reynolds
The Defendant, William Lewis Reynolds, appeals the trial court’s denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1 in which he challenged his guilty-pled conviction for the sale of cocaine and resulting sentence of twelve years as a Range III, persistent offender, at 60%. Upon reviewing the record and the applicable law, we affirm the judgment of the trial court. However, we remand the judgment to the trial court for entry of a corrected judgment reflecting the convicted offense of sale of less than .5 grams of cocaine. |
Giles | Court of Criminal Appeals | |
Jeffrey Scott v. State of Tennessee
The Petitioner, Jeffrey Scott, appeals the post-conviction court’s denial of his petition for post-conviction relief, in which he challenged his conviction for second degree murder and resulting twenty-five-year sentence. The Petitioner maintains that he received ineffective assistance of counsel at trial. Upon reviewing the record and the applicable law, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Norma Barnett v. State of Tennessee
The Petitioner, Norma Barnett, appeals from the denial of post-conviction relief by the Madison County Circuit Court. In this appeal, she argues that she received ineffective assistance of counsel and that her guilty plea was involuntary and unknowing. Upon our review, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Donald Clark
Over eighteen years ago, Defendant, Donald Clark, shot and robbed a man in Shelby County. After conviction, he received a 27-year sentence, as a violent offender. He now appeals the trial court’s dismissal of his motion to correct an illegal sentence filed pursuant to Tennessee Rule of Criminal Procedure 36.1. After careful consideration, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael John Stitts
The Defendant, Michael John Stitts, was convicted by a Madison County jury of attempted first degree premeditated murder, aggravated assault, aggravated burglary, and employing a firearm during the commission of a dangerous felony, and he received an effective sentence of sixty-one years. On appeal, the Defendant argues that (1) the evidence was insufficient to support his convictions; (2) the trial court erred in denying his motion to suppress statements made to police; (3) the trial court erred in allowing the State to amend the indictment to reflect the proper offense date; (4) he is entitled to reversal based on juror bias; (5) the trial court erred in placing the Defendant in restraints immediately before the jury verdict was read, and (6) the trial court erred in sentencing him as a Range III offender and in imposing partial consecutive sentences. After review of the record and applicable law, we affirm the judgments of the trial court but remand for entry of a corrected judgment to reflect the proper sentencing range for the attempted first degree murder conviction. |
Madison | Court of Criminal Appeals | |
Kedrick Carwell v. State of Tennessee
The petitioner, Kedrick Carwell, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial. Within the context of his post-conviction claims, the petitioner attempts to challenge the jury instructions recited at trial, claiming the instructions led to a nonunanimous verdict. Following our review, we affirm the denial of the petition and conclude the petitioner has waived any challenge to the jury instructions or verdict. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Rickey Williams
The petitioner, Rickey Williams, appeals the Shelby County Criminal Court’s denial of his “Ex Parte Injunction and/or Show Cause Order.” On appeal, the petitioner contends the trial court erred in summarily dismissing his motion “because his conviction is voidable.” The State contends the petitioner’s appeal is not properly before this Court and, despite the lack of jurisdiction, the petitioner is not entitled to relief on the merits of his claim. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Marquez Williams v. State of Tennessee
The petitioner, Marquez Williams, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial. Following our review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Andre Anthony
The Appellant, Andre Anthony, appeals from the trial court’s denial of his motion to correct an illegal sentence pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure. The State has filed a motion requesting that this Court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Miguel Saenz v. State of Tennessee
The Appellant, Miguel Saenz, appeals from the trial court’s denial of his petition for writ of error coram nobis seeking relief from his previously entered guilty plea. The State has filed a motion requesting that this Court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, and upon application of the ruling of our Supreme Court in Frazier v. State, 495 S.W.3d 246 (Tenn. 2016), we grant the State’s motion and affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. James Larry Williams
The Defendant, James Larry Williams, entered a guilty plea to driving under the influence (DUI), reserving a certified question of law challenging whether there existed sufficient probable cause that a violation of Tennessee Code Annotated section 55-8-123(1) had occurred or reasonable suspicion based upon the totality of the circumstances to justify a traffic stop of the Defendant’s vehicle. Following our review, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
Claude Francis Garrett v. State of Tennessee
In 2003, a Davidson County jury convicted the Petitioner, Claude Francis Garrett, of first degree felony murder. On direct appeal, this court affirmed the Petitioner’s convictions. See State v. Claude Francis Garrett, No. M2004-02089-CCA-R3-CD, 2005 WL 3262933, at *1 (Tenn. Crim. App., at Nashville, Dec. 1, 2005), perm. app. denied (Tenn. May 1, 2006). This court denied the Petitioner’s subsequent petition for post-conviction relief, Claude F. Garrett v. State, No. M2011-00333-CCA-R3-PC, 2012 WL 3834898, at *1 (Tenn. Crim. App., at Nashville, Sept. 5, 2012), perm. app. denied (Tenn. Feb. 25, 2013), following which he filed a petition for a writ of error coram nobis that is the subject of this appeal. The trial court issued an order summarily dismissing the petition. We affirm the trial court’s judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Deandrey Peterson
The defendant, Deandrey Peterson, appeals his Shelby County Criminal Court jury convictions of aggravated rape, aggravated robbery, aggravated burglary, and possessing a firearm with the intent to go armed during the commission of a dangerous felony, claiming that the trial court erred by admitting certain evidence and that the evidence was insufficient to establish his identity as the perpetrator. Because the trial court erred by admitting evidence that the defendant had committed crimes other than those for which he was on trial and because the error cannot be classified as harmless, we reverse the defendant’s convictions and remand the case for a new trial. |
Shelby | Court of Criminal Appeals | |
Eric Bledsoe v. State of Tennessee
The Petitioner, Eric Bledsoe, appeals as of right from the dismissal of his petition for post-conviction relief, wherein he requested DNA analysis pursuant to Tennessee Code Annotated section 40-30-303. On appeal, the Petitioner contends that the post-conviction court erred in dismissing his petition for post-conviction DNA analysis because the evidence was already tested. Following our review, we affirm the judgment of the postconviction court. |
Shelby | Court of Criminal Appeals | |
Michael Presson v. State of Tennessee
The Petitioner, Michael Presson, appeals from the Madison County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner contends (1) that trial counsel was ineffective for failing to present an “economic motive” defense and failing to call witnesses at trial to support that defense; (2) that trial counsel was ineffective by failing to request a severance for charges that involved two separate victims; (3) that trial counsel was ineffective in failing to challenge certain jurors during voir dire; (4) that trial counsel was ineffective by failing “to call” the Petitioner as a witness at trial; (5) that trial counsel was ineffective for failing to object to the State’s references to the term “pedophile” and to pornography during its closing argument; (6) that the trial court erred by failing to instruct the jury on certain lesser-included offenses and that trial counsel was ineffective in failing to request such instructions; (7) that trial counsel “was ineffective for failing to request that the trial court require the State to make an election of offenses” and “by failing to object to the trial court judge’s election of offenses”; and (8) that post-conviction relief is warranted due to cumulative error. Following our review, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Robert Landon Webster
A Carter County Criminal Court Jury found the Appellant, Robert Landon Webster, guilty of three counts of selling .5 grams or more of cocaine, one of which was within a school zone. The trial court sentenced the Appellant to a total effective sentence of fifteen years. On appeal, the Appellant contends that his right to confrontation was violated because the State failed to call a confidential informant as a witness at trial and that the evidence was not sufficient to sustain his convictions. Upon review, we affirm the judgments of the trial court. |
Carter | Court of Criminal Appeals | |
John Armstrong v. State of Tennessee
The Petitioner, John Armstrong, appeals from the Shelby County Criminal Court’s dismissal of his petition for post-conviction relief. The Petitioner contends (1) that the post-conviction court erred in dismissing his petition for being untimely filed; and (2) that his guilty pleas were not knowingly and voluntarily entered due to the ineffective assistance of his trial counsel. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Malik Jones-Smith v. State of Tennessee
The Petitioner, Malik Jones-Smith, appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner contends that his guilty pleas were not knowingly and voluntarily entered due to the ineffective assistance of his trial counsel. Following our review, we affirm the judgment of the post-conviction court. However, we remand the case to the post-conviction court for entry of a corrected judgment form with respect to one of the Petitioner’s convictions. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Gerald Carter
The Appellant, Gerald Carter, appeals from the trial court’s denial of his motion to correct an illegal sentence pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure. The State has filed a motion requesting that this court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
DeVaughn Edwards v. State of Tennessee
The Petitioner, Devaughn Edwards, filed for post-conviction relief from his convictions of facilitation of kidnapping, facilitation of robbery, and facilitation of aggravated burglary, alleging that his trial counsel was ineffective. The post-conviction court denied the petition, and the Petitioner appeals. Upon review, we affirm the judgment of the postconviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Christopher Joel Hartwell
The Defendant, Christopher Joel Hartwell, pleaded guilty in the Blount County Circuit Court pursuant to a negotiated plea agreement in case number C22683 to conspiracy to commit money laundering, a Class C felony, maintaining a dwelling where controlled substances are used, a Class D felony, two counts of possession with the intent to deliver a controlled substance in a drug-free zone, a Class D felony, two counts of possession with the intent to manufacture a controlled substance in a drug-free zone, a Class D felony, and possession of a firearm during the commission of a non-dangerous felony, a Class E felony. See T.C.A. §§ 39-14-903 (Supp. 2013) (amended 2014), 53-11-401 (2008) (amended 2010), 39-17-417 (Supp. 2013) (amended 2014), 39-17-1307 (Supp. 2013) (amended 2014). The Defendant also pleaded guilty in case number C22684 to the sale or delivery of a controlled substance in a drug-free zone, a Class D felony. See id. § 39-17-417 (Supp. 2013) (amended 2014). The Defendant pleaded guilty in case number C22685 to the sale or delivery of a controlled substance in a drug-free zone, a Class D felony. See id. § 39-17-417 (Supp. 2013) (amended 2014). Finally, the Defendant pleaded guilty in case number C23659 to two counts of the delivery of a controlled substance in a drug-free school zone, a Class C felony. See id. § 39-17-417 (Supp. 2013) (amended 2014). After the appropriate merger of the offenses, the trial court sentenced the Defendant as a Range I, standard offender to an effective five-year sentence of which three years were to be served at 100%. On appeal, the Defendant contends that the trial court erred by (1) denying judicial diversion, (2) allowing confidential informants to testify at the sentencing hearing, and (3) not requiring the State to produce discovery materials related to the confidential informants. We affirm the judgments of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Julie Christine Ottmer
The Defendant, Julie Christine Ottmer, pled nolo contendere to simple possession of marijuana, a Class A misdemeanor, and received an agreed upon sentence of eleven months and twenty-nine days to be served on probation. See Tenn. Code Ann. § 39-17-418. Thereafter, the Defendant filed a motion to withdraw her nolo contendere plea. The trial court denied the motion, finding that there was no manifest injustice to support withdrawal of the plea. On appeal, the Defendant contends that the trial court abused its discretion in denying her motion because she “misunderstood the terms of her plea.” Discerning no error, we affirm the judgment of the trial court. |
Unicoi | Court of Criminal Appeals | |
James Robert Oliphant v. State of Tennessee
The petitioner, James Robert Oliphant, appeals the summary dismissal of his petition for writ of habeas corpus, which challenged his 1983 Washington County Criminal Court conviction of assault with intent to commit second degree murder. Discerning no error, we affirm. |
Johnson | Court of Criminal Appeals | |
Roy Len Rogers v. State of Tennessee
The petitioner, Roy Len Rogers, appeals the denial of post-conviction relief from his 2010 Rhea County Criminal Court jury convictions of first degree premeditated murder, second degree murder, and reckless endangerment, for which he received a sentence of life imprisonment. In this appeal, the petitioner contends only that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm. |
Rhea | Court of Criminal Appeals | |
State of Tennessee v. Anthony Penny
The defendant, Anthony Penny, pled guilty to three counts of aggravated sexual battery. The plea agreement provided for the defendant to be sentenced by the trial court with an agreement his sentences would be served concurrently. Following a sentencing hearing, the trial court imposed a sentence of ten years for each count to be served in confinement. On appeal, the defendant contends the trial court abused its discretion by failing to properly consider the purposes and principles of sentencing, by applying enhancement factor four, and by failing to properly consider certain mitigating factors under the “catch-all” provision of the statute. Following our review, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals |
