Joseph Cordell Brewer, III v. State of Tennessee
Petitioner, Joseph Cordell Brewer, III, appeals from the denial of relief following a hearing on his petition for post-conviction relief. Only Petitioner and his trial counsel testified at the post-conviction hearing. Since Petitioner failed to present evidence of any prejudice to him as a result of trial counsel’s alleged deficient representation, we affirm the judgment of the post-conviction court. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Mario Donte Keene
The Greene County Grand Jury indicted the Defendant, Mario Donte Keene, on four counts of felony murder, one count of especially aggravated robbery, and one count of especially aggravated kidnapping, all in connection with the death of the victim, Donald Gunter. A jury convicted the Defendant as charged, and the trial court sentenced the Defendant to an effective sentence of life. On appeal, the Defendant argues that the evidence was insufficient for a rational juror to have found him guilty beyond a reasonable doubt of felony murder, especially aggravated robbery, and especially aggravated kidnapping. The Defendant also asserts that the State committed prosecutorial misconduct in its closing arguments, warranting a new trial. After a thorough review of the facts and applicable case law, we affirm the Defendant’s convictions but remand the case for entry of amended judgments merging counts two, three, and four into count one. |
Greene | Court of Criminal Appeals | |
Sebastian Valentino v. State of Tennessee
The Petitioner, Sebastian Valentino, appeals from the Davidson County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner contends that his guilty plea was not knowingly and voluntarily entered because he received ineffective assistance from his trial counsel. Following our review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Matthew Glen Howell
The defendant, Matthew Glen Howell, who was originally charged with aggravated assault, appeals his 2016 Davidson County Criminal Court conviction of simple assault, which was imposed by the trial court after the jury found the defendant guilty of the inapplicable lesser included offense of reckless aggravated assault. The defendant argues that, because the jury acquitted him of the crime of intentional or knowing aggravated assault and instead found him guilty of reckless aggravated assault, the trial court erred by amending the conviction offense to one that required an intentional or knowing mens rea. The defendant also challenges several of the trial court’s evidentiary rulings. Because the jury found the defendant guilty of a crime that did not exist under the facts of the case and because double jeopardy and collateral estoppel principles precluded the trial court from imposing a conviction that required an element of which the defendant had already been acquitted, the defendant’s conviction of simple assault is vacated, and the case is dismissed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Matthew Glen Howell - Concurring in Part and Dissenting in Part
I agree with the majority’s conclusions in section II of the opinion, the evidence of a federal lawsuit and section III, impeachment of the victim. However, I respectfully disagree with the majority’s conclusion in section I that a new trial on the offense of simple assault is barred by the prohibition against double jeopardy. I am of the opinion that there is no valid and final judgment for the purposes of collateral estoppel via double jeopardy and that a rational jury could have grounded its verdict upon an issue other than that which Defendant seeks to estop. Therefore, I would remand the case for a new trial on simple assault. |
Davidson | Court of Criminal Appeals | |
John Valentine v. State of Tennessee
The petitioner, John Valentine, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial. After our review of the record, briefs, and applicable law, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Brandon Washington v. State of Tennessee
The Petitioner, Brandon Washington, appeals the Shelby County Criminal Court’s denial of his petition for a writ of habeas corpus, seeking relief from his convictions of aggravated assault, evading arrest, and various drug offenses. Based upon our review of the record and the parties’ briefs, we affirm the judgment of the habeas corpus court. |
Shelby | Court of Criminal Appeals | |
Julius Perkins v. Mike Parris, Warden
The Petitioner, Julius Perkins, appeals the Lake County Circuit Court’s summary denial of his petition for a writ of habeas corpus, seeking relief from his conviction of first degree felony murder and resulting life sentence. On appeal, the Petitioner alleges that his conviction is void because of a faulty indictment and that the court erred by dismissing his petition without appointing counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the habeas corpus court. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. James A. Kilgore
The Defendant, James A. Kilgore, pled guilty to attempted conspiracy to manufacture more than 300 grams of methamphetamine, a Class B felony, and attempted initiation of a process to manufacture methamphetamine, a Class C felony, in exchange for respective ten- and five-year sentences, to be served consecutively. The five-year term was to be served on supervised probation; whereas, the manner of service for the ten-year term was to be determined by the trial court. After a sentencing hearing, the trial court ordered that the Defendant serve the ten-year sentence in confinement, which, on appeal, the Defendant challenges as error. We affirm the sentencing decision of the trial court. |
Marion | Court of Criminal Appeals | |
Warren Pratcher v. State of Tennessee
The Petitioner, Warren Pratcher, appeals from the Shelby County Criminal Court’s summary dismissal of his petition for |
Shelby | Court of Criminal Appeals | |
Warren Pratcher v. State of Tennessee-Concurring
I respectfully concur separately in this case to clarify a distinction between, on the one hand, the post-conviction court’s ordering a dismissal of the first petition with prejudice and, on the other hand, the petitioner’s waiver of post-conviction relief upon the voluntary dismissal of the first petition. Although I believe the latter may be effectual, I believe the former is not effectual apart from the petitioner’s waiver. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Andrew Shearin
The Defendant, Andrew Shearin, pled guilty in the Shelby County Criminal Court to sexual exploitation of a minor involving more than 100 images, a Class B felony, and was sentenced by the trial court as a Range I, standard offender to twelve years at 100% in the Department of Correction. On appeal, he argues that the trial court imposed an excessive sentence by misapplying enhancement factors. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Bernard Scott
The Defendant, Kenneth Bernard Scott, was convicted by a Henderson County jury of the sale and delivery of less than .5 grams of cocaine, a Class C felony, and two counts of the sale and delivery of .5 grams or more of cocaine, a Class B felony, and was sentenced by the trial court as a Range II, multiple offender to an effective term of sixteen years in the Department of Correction. The Defendant raises two issues on appeal: (1) whether the trial court erred by allowing laboratory reports into evidence without the testimony of the technician who conducted the testing and prepared the reports; and (2) whether the trial court imposed an excessive sentence. Following our review, we affirm the judgments of the trial court. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Wayne Hughes
The defendant, Jeffrey Wayne Hughes, pled guilty to one count of theft over $250,000, one count of theft between $10,000 and $60,000, and six counts of money laundering. Following a sentencing hearing, the trial court imposed an effective sentence of twenty-seven years in confinement. On appeal, the defendant contends the trial court erred when failing to apply certain mitigating factors, denying probation on the money laundering offenses, and ordering his theft convictions to be served consecutively to his money laundering convictions. Following our review of the record, arguments of the parties, and pertinent authorities, we affirm the sentences imposed by the trial court. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. Curtis Johnson, Jr.
Following a bench trial, the Defendant, Curtis Johnson, Jr., was convicted of three counts of aggravated robbery, one count of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony and was sentenced to twenty-four years’ imprisonment. The sole issue presented for our review is whether the trial court abused its discretion by imposing partially consecutive sentences. Upon review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Trevial Moss
The Defendant, Trevial Moss, was convicted by a Shelby County jury of aggravated robbery and sentenced to twelve years’ confinement. In this direct appeal, the Defendant argues that (1) the evidence is insufficient to support his conviction; (2) the verdict is contrary to the law and weight of the evidence; (3) the State withheld discovery material in violation of Brady v. Maryland, 373 U.S. 83, 87 (1963); and (4) the trial court erred in imposing the maximum sentence. Upon our review, the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joseph D. Sexton
The Defendant, Joseph D. Sexton, entered an open guilty plea to one count of attempted aggravated sexual battery. The trial court held a sentencing hearing and sentenced the Defendant to five years of incarceration. The Defendant appeals, arguing that the trial court erred in calculating the length of the sentence based on the enhancing and mitigating factors presented and that the trial court erred in denying alternative sentencing. After a thorough review of the record, we determine that there was no abuse of discretion, and we affirm the trial court’s judgment. |
Robertson | Court of Criminal Appeals | |
Keenan Scott McNeal v. State of Tennessee
The Petitioner, Keenan Scott McNeal, appeals from the Blount County Circuit Court’s denial of his petition for post-conviction relief from his conviction for the sale of one-half gram or more of a substance containing cocaine within 1000 feet of a child care facility, for which he is serving an eight-year sentence. On appeal, he contends that he received the ineffective assistance of trial and appellate counsel. We affirm the judgment of the post-conviction court. |
Blount | Court of Criminal Appeals | |
Dannie Weaver v. State of Tennessee
Dannie Weaver, the Petitioner, entered a best interest plea to driving under the influence, possession of a Schedule VI controlled substance with prior convictions, possession of a Schedule II drug, possession of drug paraphernalia, and a violation of the seat belt law. The Petitioner received a total effective sentence of four years with thirty-five percent release eligibility, which was suspended to probation following the service of thirty-five days in jail. The Petitioner filed a petition for post-conviction relief and alleged that trial counsel’s performance was deficient and that, absent the deficient performance, the Petitioner would have proceeded to trial. The Petitioner also alleged that his best interest plea was involuntary and unknowing. The post-conviction court denied relief and the Petitioner appealed. After a thorough review of the facts and applicable case law, we affirm. |
Henderson | Court of Criminal Appeals | |
Bryiant C. Overton v. State of Tennessee
The Petitioner, Bryiant C. Overton, appeals from the Rutherford County Circuit Court’s denial of his petition for post-conviction relief from his convictions for aggravated kidnapping, aggravated robbery, attempted first degree murder, and conspiracy to commit kidnapping, for which he is serving an effective forty-eight-year sentence. On appeal, he contends that the post-conviction court erred in denying relief on his ineffective assistance of counsel claims relative to trial counsel’s performance, that he received the ineffective assistance of post-conviction counsel, and that he was subject to inappropriate questions at the post-conviction hearing about the facts of the conviction offenses. We affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
Dennis Rasheed Gaye v. State of Tennessee
The Petitioner, Dennis Rasheed Gaye, appeals from the Knox County Criminal Court’s denial of his petition for post-conviction relief from his 2014 guilty plea to possession with intent to sell 0.5 gram or more of cocaine within 1000 feet of a drug-free childcare zone, for which he is serving an eight-year sentence. The Petitioner contends that the post-conviction court erred by failing to dismiss the indictment because the judgment did not reflect the proper conviction. We affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Joshua Michael Stewart
The Defendant, Joshua Michael Stewart, was found guilty by a Knox County Criminal Court jury of rape of a child, a Class A felony, and two counts of aggravated sexual battery, a Class B felony. See T.C.A. §§ 39-15-522 (2014) (rape of a child), 39-13-504 (2014) (aggravated sexual battery). The trial court sentenced the Defendant to twenty-five years for rape of a child, twelve years for aggravated sexual battery, and eight years for aggravated sexual battery. The court ordered partial consecutive service, for an effective sentence of thirtythree years at 100% service. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions and (2) the court erred by denying his request to exclude references to his tattoos and relationship with his father from the recording of his police interview. We affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Jerica Elizabeth Taylor
The Defendant, Jerica Elizabeth Taylor, was convicted by a Davidson County Criminal Court jury of aggravated robbery, a Class B felony. See T.C.A. § 39-13-402 (2014). The trial court sentenced the Defendant as a Range I, standard offender to eleven years’ confinement at 85% service. On appeal, the Defendant contends that (1) the evidence is insufficient to support her conviction, (2) the trial court improperly limited her cross-examination of the victim, (3) the photograph lineup was improperly admitted as evidence, and (4) the trial court erred during sentencing. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Calvin Reeves v. State of Tennessee
Defendant, Calvin Reeves, appeals the trial court’s entry of amended judgment forms, without notice to him, which removed pretrial jail credit from two of his three consecutive sentences. He claims those credits were part of his negotiated plea agreement. Based upon our review of the record, the triplicate award of pretrial jail credit was a clerical error such that the trial court had the authority to amend the judgments under Tennessee Rule of Criminal Procedure 36. However, the amended judgment form for Count One still contains a clerical error when compared with the actual pretrial jail credit awarded during the plea submission hearing. Therefore, we affirm the trial court’s judgments in part, reverse in part, and remand for the entry of a corrected judgment form on Count One. |
Putnam | Court of Criminal Appeals | |
Joseph Miles v. State of Tennessee
The Petitioner, Joseph Miles, appeals the Davidson County Criminal Court’s denial of his petition for writ of habeas corpus, in which he challenged his second degree murder conviction and resulting forty-year sentence. We conclude that the Petitioner has failed to establish that he is entitled to habeas corpus relief, and we affirm the denial of his petition in accordance with Rule 20, Rules of the Court of Criminal Appeals. |
Davidson | Court of Criminal Appeals |
