Alexander R. Carino v. State of Tennessee
The Petitioner, Alexander R. Carino, appeals the Trousdale County Circuit Court’s denial of his petition for habeas corpus relief from his 2010 convictions for two counts of second degree murder and his effective forty-three-year sentence. The Petitioner contends that the habeas corpus court erred by summarily denying relief. We affirm the judgment of the habeas corpus court. |
Trousdale | Court of Criminal Appeals | |
State of Tennessee v. Latoya Britton
Defendant, Latoya Britton, appeals the trial court’s revocation of her community corrections sentence and the imposition of additional consecutive sentencing and confinement upon resentencing. Following our review of the record, we affirm the judgment of the trial court. |
Sumner | Court of Criminal Appeals | |
David Dwight Hester v. State of Tennessee
Petitioner, David Dwight Hester, pleaded guilty to initiation of methamphetamine manufacture, and two counts of aggravated child neglect. He received an agreed effective sentence of twenty-five years at thirty percent as a Range I offender. Petitioner subsequently filed a post-conviction petition that was denied by the post-conviction court. On appeal, Petitioner argues that trial counsel was ineffective for failing to challenge the indictments charging him with aggravated child abuse or neglect because each indictment charged him with “two distinct offenses.” He also argues that trial counsel told him that he was required to receive the same sentence as his co-defendant and that Petitioner risked serving his sentence at one-hundred percent eligibility if the case went to trial. After thoroughly reviewing the record and applicable authorities, we affirm the post-conviction court’s judgment. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Javonta Marquis Perkins
Defendant, Javonta Marquis Perkins, was indicted by the Davidson County Grand Jury for aggravated robbery, carjacking, and possession of a weapon during the commission of a dangerous felony. Defendant was convicted as charged by a jury and sentenced by the trial court to ten years each for his aggravated robbery and carjacking convictions and six years for the possession of a weapon conviction. By operation of law, the trial court ordered Defendant’s six-year sentence consecutive to his concurrent ten-year sentences, for an effective sentence of 16 years. In this appeal as of right, Defendant contends that: 1) the trial court erred by denying his motion to suppress the victim’s pretrial identification; 2) the trial court erred by instructing the jury on criminal responsibility; 3) the evidence was insufficient to support his convictions; and 4) his sentences are excessive. Having reviewed the entire record and the briefs of the parties, we find no error and affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Jose Holmes v. State of Tennessee
The Petitioner, Jose Holmes, appeals the habeas corpus court’s denial of his petition for habeas corpus relief in which he challenged his conviction for especially aggravated robbery and his sixty-year sentence as a career offender. Because the Petitioner filed an untimely notice of appeal and the interest of justice does not support waiver of the timely filing requirement in this case, this appeal is dismissed. |
Trousdale | Court of Criminal Appeals | |
State of Tennessee v. Antonio Braden
Petitioner, Antonio Braden, appeals from the denial of his Tennessee Rule of Criminal Procedure 36.1 motion alleging that his sentence is illegal because the trial court erred by applying enhancement factors and sentencing him four years “beyond the statutory minimum.” Following our review, we affirm the trial court’s judgment. |
Williamson | Court of Criminal Appeals | |
Christopher D. Hodge v. Debra Johnson, Warden
Petitioner, Christopher D. Hodge, appeals from the summary dismissal of his petition for writ of habeas corpus. On appeal, Petitioner asserts that the trial court was without jurisdiction to convict him because the grand jurors were not picked from more than one county in the district; and that the trial court illegally amended his judgment 60 days after entry of the judgment to change his release eligibility from 35 percent to 100 percent. Upon review, we affirm the summary dismissal of the petition. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Tedd A. Tjornhom
The Appellee, Tedd A. Tjornhom, was charged in the Williamson County Circuit Court with driving under the influence (DUI) and DUI per se and filed a motion to suppress his blood alcohol report due to the State’s destruction of his blood sample. The Williamson County Circuit Court granted the motion, and the State appeals. Based upon the oral arguments, the record, and the parties’ briefs, the order of the trial court is reversed, and the case is remanded to the trial court for further proceedings consistent with this opinion. |
Williamson | Court of Criminal Appeals | |
Joseph Miles v. State of Tennessee
The Petitioner, Joseph Miles, filed a petition for a writ of error coram nobis, asserting that newly discovered evidence entitled him to relief. The coram nobis court summarily dismissed the petition, and the Petitioner appeals. Upon review, we affirm the judgment of the coram nobis court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Deann Anelia Walls
Defendant, Deann Anelia Walls, appeals the trial court’s order requiring her to serve in confinement her effective ten-year sentence resulting from her guilty plea to nineteen counts of prescription medication fraud and thirty-six counts of identity theft. Upon reviewing the record and the applicable law, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
Fred Chad Clark, II v. State of Tennessee
The pro se Petitioner, Fred Chad Clark, II, appeals the Davidson County Criminal Court’s summary dismissal of his petition for post-conviction relief. The Petitioner contends that the post-conviction court erred in dismissing his petition as untimely, and the State concedes the issue. Upon review, we reverse the judgment of the post-conviction court and remand for further proceedings consistent with this opinion. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Susan Lynette Baker
The defendant, Susan Lynette Baker, appeals her Sequatchie County Circuit Court jury convictions of felony murder, especially aggravated robbery, and setting fire to personal property, claiming that the trial court erred by refusing to suppress the pretrial statement she provided to the police, the evidence of her theft of property from the victim’s residence, and the surveillance video from a motel; that the trial court erred by denying her motion to sever the arson charge from the remaining charges; that the evidence was insufficient to support her convictions of felony murder and especially aggravated robbery; and that “the very nature” of the felony murder statute violates principles of due process. Discerning no error, we affirm. |
Sequatchie | Court of Criminal Appeals | |
State of Tennessee v. Mandrell Sanders
The Defendant, Mandrell Sanders, was convicted by a Shelby County Criminal Court jury of aggravated burglary, a Class C felony, and was sentenced to fourteen years in the Tennessee Department of Correction. On appeal, the Defendant argues that the trial court imposed an excessive sentence and erred in denying his request for probation. After review, we affirm the sentencing decision of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Rodney Turner
A jury convicted the Defendant, Rodney Turner, of two counts of attempted first degree murder and one count of employing a firearm during the commission of a dangerous felony. On appeal, this Court affirmed the Defendant’s convictions. State v. Rodney Turner, No. W2012-01930-CCA-R3-CD, 2013 WL 6706092, at *1 (Tenn. Crim. App., at Jackson, Dec. 18, 2013), perm. app. denied (Tenn. May 23, 2014). The Defendant filed a petition for post-conviction relief seeking a delayed appeal and an opportunity to file a delayed motion for new trial. The post-conviction court granted a delayed motion for new trial and, after a motion for new trial hearing, denied the Defendant’s motion. The Defendant appeals the trial court’s denial, maintaining that the trial court erred by not requiring the State to produce state witness Officer Brian Falatko’s prior statement. He further asserts that this statement is newly discovered evidence warranting a new trial. We affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Antwain Deshun Coleman, AKA Antwain Mackey
Defendant, Antwain Deshun Coleman, also known as Antwain Mackey, was indicted for aggravated robbery. He later entered a negotiated guilty plea to facilitation of aggravated robbery in exchange for a sentence of six years as a Range I, standard offender. The trial court determined that Defendant should serve the sentence in confinement. Defendant appeals his sentence, arguing that the trial court abused its discretion by denying an alternative sentence. After a review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Antonio Dockery v. State of Tennessee
The Petitioner, Antonio Dockery, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his convictions of aggravated assault and stalking and resulting effective sentence of fourteen years in confinement. On appeal, the Petitioner raises various claims of ineffective assistance of counsel and prosecutorial misconduct. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Arnekio Jackson
A Shelby County Criminal Court Jury found the Appellant, Arnekio Jackson, guilty of aggravated robbery. The trial court sentenced the Appellant as a Range II, multiple offender to sixteen years in the Tennessee Department of Correction. On appeal, the Appellant contends that the State committed prosecutorial misconduct by intentionally introducing evidence that the trial court had ruled was inadmissible and that without the evidence, the proof was insufficient to establish the Appellant’s identity and sustain his conviction. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Karloss Thirkill and Rico Huey
After a jury trial, the defendants, Karloss Thirkill and Rico Huey, were convicted of aggravated robbery, and this joint appeal followed. On appeal, Huey challenges the trial court’s partial denial of his motion to suppress. Thirkill challenges the trial court’s denial of his request to impeach a fact witness and accomplice under Rules 404 and 608 of the Tennessee Rules of Evidence and the sufficiency of the evidence to sustain his conviction. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Erick Tenaz
The defendant, Erick Tenaz, appeals his Davidson County Criminal Court guilty-pleaded conviction of conspiracy to commit second degree murder, claiming only that the trial court erred by ordering that he serve his entire nine-year sentence in confinement. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Cyrus Randy Whitson
Defendant, Cyrus Randy Whitson, appeals the trial court’s dismissal of his motion for arrest of judgment. On appeal, Defendant argues that because the judgment form for his murder conviction is lacking the “file-stamp” date, his motion is timely and should have been granted. Because Defendant does not have a right to appeal the trial court’s dismissal pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure, we dismiss the appeal. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Charles Edward Day
The defendant, Charles Edward Day, appeals his Anderson County Circuit Court jury conviction of reckless aggravated assault, claiming that the trial court erred by admitting certain evidence at trial, that the State committed prosecutorial misconduct during closing argument, that the evidence was insufficient to support his conviction, that the sentence imposed was excessive, and that the cumulative effect of these errors prevented him from receiving a fair trial. Discerning no error, we affirm. |
Anderson | Court of Criminal Appeals | |
Stanley Abernathy James v. State of Tennessee
Stanley Abernathy James (“the Petitioner”) was found guilty of second degree murder by a Knox County jury, for which the Petitioner received a sentence of twenty-five years. This court affirmed the Petitioner’s conviction and sentence, and our supreme court denied further review. The Petitioner filed a petition for post-conviction relief alleging ineffective assistance of counsel, which the post-conviction court denied. On appeal, the Petitioner argues that trial counsel rendered ineffective assistance because trial counsel: (1) failed to fully pursue a defense theory of voluntary manslaughter instead of self-defense; (2) requested a jury instruction that misstated Tennessee law; (3) failed to fully research and investigate potential witnesses; and (4) failed to fully research and investigate the Petitioner’s medical history. After a thorough review of the record and applicable case law, we affirm. |
Knox | Court of Criminal Appeals | |
Marquis D. Hendricks v. State of Tennessee
The Petitioner, Marquis D. Hendricks, was convicted of first degree murder, attempted first degree murder, possession of cocaine with intent to deliver, possession of cocaine with intent to sell, and simple possession of marijuana. The Petitioner received an effective sentence of life in prison for the convictions. The Petitioner filed a petition for post-conviction relief arguing that he received ineffective assistance of counsel because trial counsel failed to argue and request jury instructions on the statutory defenses of duress and necessity. Following a hearing, the post-conviction court found that there was no deficient performance by trial counsel because the facts did not support either statutory defense and denied the petition. After a thorough review of the record, we affirm the post-conviction court’s denial of relief. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Thomas Pleas Watts
The Defendant, Thomas Pleas Watts, pleaded guilty in the Rutherford County Circuit Court to possession of marijuana and possession of drug paraphernalia. See T.C.A. §§ 39-17-418 (2010) (amended 2014, 2016) (misdemeanor possession of marijuana), 39-17-425 (2014) (misdemeanor possession of drug paraphernalia). Pursuant to the plea agreement, the trial court granted the Defendant judicial diversion for eleven months and twenty-nine days. On appeal, the Defendant presents certified questions of law regarding the trial court’s denying his motion to suppress. We dismiss the appeal. |
Rutherford | Court of Criminal Appeals | |
David Delgado Echeveria v. State of Tennessee
Petitioner, David Delgado Echeveria, pled guilty to the possession of 300 grams or more of cocaine with the intent to manufacture, sell, or deliver. Over five years later, he filed a petition for post-conviction relief, asserting that his attorney had failed to advise him of the potential immigration consequences of his plea. The post-conviction court dismissed the petition for failure to file within the statutory limitations period, and Petitioner appeals. We conclude that the petition was filed outside the limitations period and that Petitioner has not shown he is entitled to due process tolling. The judgment of the post-conviction court is affirmed. |
Wilson | Court of Criminal Appeals |
