Christopher Lee Richardson v. State of Tennessee
A Bedford County jury convicted the Petitioner, Christopher Lee Richardson, of attempted theft of property valued at $1,000 or more but less than $10,000, disorderly conduct, possession of a schedule IV controlled substance for sale or delivery, resisting arrest, possession of a Schedule VI controlled substance, and promotion of methamphetamine manufacture. The trial court ordered an effective sentence of twelve years. On appeal, this Court affirmed the convictions and sentence. See State v. Christopher Lee Richardson, No. M2013-01178-CCA-R3-CD, 2014 WL 12651041, at *1 (Tenn. Crim. App., at Nashville, June 12, 2014), no perm. app. filed. The Petitioner filed a post-conviction petition, and following a hearing the post-conviction court denied relief. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel. After review, we affirm the post-conviction court’s judgment. |
Bedford | Court of Criminal Appeals | |
Gwendolyn Hagerman v. State of Tennessee
Petitioner, Gwendolyn Hagerman, was convicted of five counts of rape of a child and sentenced to an effective sentence of sixty years. Subsequently, she sought post-conviction relief on the basis of ineffective assistance of counsel. The post-conviction court denied relief and dismissed the petition. Petitioner appealed. After a review, we affirm the denial of post-conviction relief. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Jaymes Harrison
The Appellant, Jaymes Harrison, 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. |
Marion | Court of Criminal Appeals | |
State of Tennessee v. Terry Trammell
Defendant, Terry Trammell, was convicted of two counts of theft after a jury trial. The trial court merged the two counts and sentenced Defendant to a twelve-year sentence. On appeal, Defendant challenges the trial court’s denial of a continuance and the sufficiency of the evidence. After a review, we determine Defendant waived the issue with respect to the continuance for failure to raise the issue in a motion for new trial and failure to present an adequate record on appeal. Additionally, we determine the evidence was sufficient to support the conviction. Accordingly, the judgment of the trial court is affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Ronald Turner
The Defendant, Ronald Turner, was convicted of three counts of attempted second degree murder when he fired a single shot through a glass door at his child, the mother of his child, and her roommate. The Defendant was also convicted of three counts of employing a firearm in the commission of a dangerous felony and one count of unlawful possession of a handgun with the intent to go armed in a public place where at least one person is present. The Defendant’s convictions for the three counts of attempted second degree murder and the conviction for possession of a handgun were enhanced after the jury found that the gang enhancement statute applied. The Defendant appeals, challenging the sufficiency of the evidence and the constitutionality of the gang enhancement statute. We conclude that the evidence is insufficient to support two of the convictions for attempted second degree murder, and we reverse these convictions and the weapons offenses predicated on them. The Defendant raised the constitutional argument for the first time in the motion for a new trial, and the State argues that the issue is waived. We conclude that the statute is unconstitutional and that the Defendant is entitled to relief from the gang enhancement applied to his sentences. We affirm the judgments of the trial court in all remaining respects. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Henry Darnell Talley
The Defendant, Henry Darnell Talley, pleaded guilty to attempted first degree premeditated murder, employing a firearm during the commission of a dangerous felony, reckless aggravated assault, reckless endangerment, convicted felon in possession of a weapon, and violation of an order of protection. The plea agreement provided sentences for all of the convictions except for the attempted first degree murder conviction which was to be determined by the trial court. Following a sentencing hearing, the trial court ordered the Defendant to serve twenty-three years for the attempted first degree murder conviction. The trial court also ordered partial consecutive sentencing, resulting in a total effective sentence of thirty-three years. The Defendant appeals, asserting that the twenty-three year sentence imposed is excessive. After review, we affirm the trial court’s judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Thomas Antonio Ricketts
The Defendant, Thomas Antonio Ricketts, entered guilty pleas in the Davidson County Criminal Court to two counts of facilitation of aggravated child abuse and one count of facilitation of aggravated child neglect. The trial court imposed concurrent ten-year sentences for each count, to be served in confinement. On appeal, the Defendant argues that his sentence was excessive and that the trial court erred in denying an alternative sentence. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Bobby E. Lee
The Defendant, Bobby E. Lee, appeals his sentence of confinement after being convicted of two counts of delivery of Oxycodone, a Schedule II controlled substance. The trial court sentenced the Defendant to eleven months, twenty-nine days at seventy-five percent release eligibility. The Defendant argues that the trial court abused its discretion in imposing the maximum sentence and a term of incarceration. After thorough review of the record and applicable law, we affirm the judgments of the trial court. |
Clay | Court of Criminal Appeals | |
Justin Parliment v. State of Tennessee
The Petitioner, Justin Parliment, was convicted of possession of a controlled substance in a penal institution and sentenced to eight years to be served consecutively to a previously-imposed twenty-three-year sentence for second degree murder. The Petitioner filed a petition for post-conviction relief alleging that he received the ineffective assistance of counsel, and the post-conviction court denied the petition. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Carvin L. Thomas
The Appellant, Carvin L. Thomas, filed a motion to correct an illegal sentence in the Davidson County Criminal Court pursuant to Tennessee Rule of Criminal Procedure 36.1. The trial court summarily dismissed the motion, and the Appellant appeals the ruling. Based upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Reginold C. Steed
A Davidson County jury convicted the Defendant, Reginold C. Steed, of attempted voluntary manslaughter, especially aggravated robbery, and aggravated assault. The trial court merged the aggravated assault conviction into the especially aggravated robbery conviction and imposed an effective sentence of twenty-seven years. On appeal, the Defendant contends that (1) the jury returned inconsistent verdicts; (2) the trial court erred in declining to merge the attempted voluntary manslaughter conviction into the especially aggravated robbery conviction; and (3) his sentences are excessive. Upon reviewing the record and the applicable law, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Ronald Turner
The Defendant, Ronald Turner, was convicted of three counts of attempted second degree murder when he fired a single shot through a glass door at his child, the mother of his child, and her roommate. The Defendant was also convicted of three counts of employing a firearm in the commission of a dangerous felony and one count of unlawful possession of a handgun with the intent to go armed in a public place where at least one person is present. The Defendant’s convictions for the three counts of attempted second degree murder and the conviction for possession of a handgun were enhanced after the jury found that the gang enhancement statute applied. The Defendant appeals, challenging the sufficiency of the evidence and the constitutionality of the gang enhancement statute. We conclude that the evidence is insufficient to support two of the convictions for attempted second degree murder, and we reverse these convictions and the weapons offenses predicated on them. The Defendant raised the constitutional argument for the first time in the motion for a new trial, and the State argues that the issue is waived. We conclude that the statute is unconstitutional and that the Defendant is entitled to relief from the gang enhancement applied to his sentences. We affirm the judgments of the trial court in all remaining respects. |
Knox | Court of Criminal Appeals | |
In Re Travis H.
Father appeals the termination of his parental rights on grounds of: (1) failure to substantially comply with permanency plans; (2) abandonment by failure to establish a suitable home; (3) persistence of conditions, (4) abandonment by an incarcerated parent for wanton disregard; and (5) abandonment by an incarcerated parent for willful failure to support. We vacate the trial court’s determination regarding the ground of abandonment by an incarcerated parent for willful failure to support, but otherwise affirm the trial court’s determinations regarding the remaining grounds for termination. We likewise affirm the trial court’s determination that termination of Father’s parental rights is in the child’s best interest. Accordingly, we affirm the termination of Father’s parental rights. |
Jefferson | Court of Criminal Appeals | |
State of Tennessee v. Robert Grisham
Following a jury trial, the Defendant, Robert Grisham, was convicted of observation without consent, unlawful photography, and especially aggravated sexual exploitation of a minor. In this appeal of right, the Defendant challenges the following: (1) the trial court’s denial of his motion to suppress the deleted files retrieved from his cell phone using highly-sophisticated equipment; (2) the sufficiency of the evidence supporting his conviction for especially aggravated sexual exploitation of a minor, arguing that there was insufficient proof of “sexual activity” by “lascivious exhibition” on the video; and (3) the trial court’s enhancement of his sentencing term for especially aggravated sexual exploitation of a minor to nine years by utilizing the abuse of private trust enhancement factor. In light of our supreme court’s recent decision in State v. Whited, 506 S.W.3d 416 (Tenn. 2016), we conclude that the proof was insufficient to support the element of sexual activity and are, therefore, required to reverse and vacate the Defendant’s conviction for especially aggravated sexual exploitation of a minor. However, because the proof is sufficient to support the lesser-included offense of attempted especially aggravated sexual exploitation of a minor, which was charged to the jury, we remand this matter to the trial court for entry of an amended judgment reflecting a conviction for attempt and for resentencing on this modified conviction. The Defendant’s convictions for unlawful photography and observation without consent are affirmed. Accordingly, the trial court’s judgments are affirmed in part and reversed in part, and the case is remanded for a new sentencing hearing. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Octavius Flynn and Derrick Benson
The Defendants, Octavius Flynn and Derrick Benson, appeal their convictions for second degree murder and their respective sentences of twenty-five and twenty-four years. On appeal, the Defendants argue, either individually or collectively, that (1) the trial court erred in denying their motions to sever; (2) a witness’s identification of Mr. Flynn in a photographic array was unreliable and should have been suppressed; (3) the evidence was insufficient to support the convictions; (4) the trial court erred in denying Mr. Flynn’s motion to dismiss due to spoliation of evidence; (5) the jury failed to follow the trial court’s instructions and improperly compromised on a verdict of second degree murder; and (6) the sentences are excessive. Upon reviewing the record and the applicable law, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Michael Clark v. State of Tennessee
Michael Clark (“the Petitioner”) was indicted for second degree murder and attempted second degree murder in a single indictment. In his first trial, the Petitioner was convicted of attempted second degree murder, and a mistrial was declared as to the charge of second degree murder. In the second trial, the Petitioner was convicted of the lesser-included offense of voluntary manslaughter. The Petitioner was sentenced to twenty years as a multiple offender for attempted second degree murder and to fifteen years as a persistent offender for voluntary manslaughter to be served consecutively. The Petitioner filed a single petition for post-conviction relief alleging that he received the ineffective assistance of counsel in both trials, which the post-conviction court denied following a hearing. On appeal, the Petitioner argues that his claims of ineffective assistance of counsel during his first trial are properly before this court, that first and second trial counsel’s representations were deficient, and that he was prejudiced by those deficiencies. After a thorough review of the record and applicable case law, we affirm the post-conviction court’s denial of relief from the judgment entered in the second trial and dismiss the Petitioner’s appeal related to the judgment entered in the first trial because the petition was not filed within one year of the date our supreme court denied the application for permission to appeal. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Corey Jermaine Hart
The Defendant, Corey Jermaine Hart, appeals from the trial court’s dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1 for failure to assert a colorable claim. Discerning no error, we affirm the judgment of the trial court. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Wynell Ford
The Defendant, Wynell Ford, pled guilty in the Madison County Circuit Court to convicted felon in possession of a firearm with a prior violent felony, a Class C felony, and was sentenced by the trial court as a multiple offender to ten years in the Department of Correction at thirty-five percent. On appeal, he challenges the trial court’s denial of his request for alternative sentencing. Following our review, we affirm the sentencing determinations of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Dequan Hasani Bertrand
A Davidson County jury convicted the Defendant, Dequan Hasani Bertrand, of aggravated robbery, aggravated burglary, and employment of a firearm during the commission of a dangerous felony. The jury acquitted the Defendant of one count of aggravated rape and was unable to reach a verdict as to two other counts of aggravated rape. The trial court sentenced the Defendant to a total effective sentence of twenty-four years. On appeal, the Defendant contends that: (1) the trial court erred when it admitted the victim’s identification of him; (2) the evidence is insufficient to sustain his convictions; and (3) the trial court erred when it sentenced him to the maximum sentences within his range and ordered his sentences to run consecutively. After review, we affirm the trial court’s judgments. |
Davidson | Court of Criminal Appeals | |
Henry Epps v. State of Tennessee
Henry Epps (“the Petitioner”) entered a best interest plea to six counts of sexual exploitation of a minor; the remaining nine counts of sexual exploitation of a minor were dismissed per the negotiated plea agreement. The Petitioner received an effective sentence of eight years with release eligibility after service of 100% of the sentence in the Department of Correction. The Petitioner filed an original and an amended petition for post-conviction relief. After an evidentiary hearing, the post-conviction court denied relief. On appeal, the Petitioner argues that trial counsel’s performance was deficient in failing to subpoena the Petitioner’s computer forensic expert to testify at trial and in failing to inform the Petitioner until the Friday before his Monday trial that the expert had not been subpoenaed. Petitioner claims that absent trial counsel’s deficient performance, the Petitioner would have proceeded to trial, and therefore the Petitioner’s best interest plea was entered involuntarily. After a thorough review of the record and applicable case law, we reverse and remand for a new post-conviction hearing. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Michael Dewayne Hall
The Defendant, Michael Dewayne Hall, was convicted by a Blount County Jury of sale or delivery of cocaine under 0.5 grams in the drug-free zone of a public park, a Class C felony, and sale or delivery of cocaine over 0.5 grams in the drug-free zone of a public park, a Class B felony. As a career offender, he received an effective sentence of thirty years in the Tennessee Department of Correction. On appeal, the Defendant claims: (1) the trial court improperly admitted a map into evidence at trial; (2) the trial court improperly denied his motion to dismiss the indictment; (3) the evidence is insufficient to sustain his convictions; and (4) the trial court improperly acted as thirteenth juror to approve the jury’s verdict. We conclude that the trial court properly admitted the map, denied the motion to dismiss, and acted as thirteenth juror, and that the evidence is sufficient to sustain the Defendant’s convictions. However, after a plain error review, the duplicitous nature of the Defendant’s convictions for “sale or delivery” of cocaine constitutes reversible error and violates the Defendant’s fundamental and substantial right to a unanimous jury verdict. Accordingly, we reverse, vacate, and dismiss the Defendant’s convictions. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Juan Cerano
The Defendant, Juan Cerano, was convicted of rape of a child and aggravated sexual battery. The trial court merged the aggravated sexual battery conviction into the rape of a child conviction and sentenced the Defendant to thirty years in prison. On appeal, he contends that the trial court erred by denying his motion to produce records from the Department of Children’s Services regarding prior allegations of abuse after an in camera inspection. After reviewing the record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Christopher Johnson
The Defendant, Christopher Johnson, was convicted by a Hardin County Jury of possession of mushrooms with intent to manufacture, deliver, or sell, possession of mushrooms, possession of drug paraphernalia, and unlawful possession of a weapon by a convicted felon. As a Range II, multiple offender, he received an effective sentence of fifteen years in the Tennessee Department of Correction. On appeal, the Defendant claims: (1) the evidence is insufficient to sustain his conviction of unlawful possession of a weapon by a convicted felon; (2) the trial court improperly denied his motion to suppress; (3) the trial court improperly admitted a redacted audio recording of the Defendant’s interview with police at trial; and (4) the State committed prosecutorial misconduct by failing to provide discoverable evidence and improperly quoting a witness during closing argument. Upon review, we affirm the judgments of the trial court but remand for entry of a corrected judgment form as to count four reflecting that the Defendant was found not guilty of possession of marijuana. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Jacqueline Allen
The Defendant, Jacqueline Allen, was found guilty by a Humphreys County Circuit Court jury of assault, a Class A misdemeanor, and possession of a firearm by a convicted felon, a Class E felony. See T.C.A. §§ 39-13-101 (2010) (amended 2013), 39-17-1307 (2010) (amended 2012, 2014). The trial court sentenced the Defendant as Range I, standard offender to an effective two years’ probation. On appeal, the Defendant contends that the trial court erred by failing to inquire about a violation of the sequestration rule pursuant to Tennessee Rule of Evidence 615. We conclude that the appeal should be dismissed because the Defendant’s motion for a new trial was untimely. |
Humphreys | Court of Criminal Appeals | |
State of Tennessee v. David Scott Hall
The Appellant, David Scott Hall, was convicted in the Davidson County Criminal Court of attempted especially aggravated sexual exploitation of a minor, a Class C felony, and sentenced to four years to be served as one year in confinement and the remainder on supervised probation. On appeal, the Appellant contends that the evidence is insufficient to support the conviction, that the trial court erred by allowing an expert witness to give irrelevant and highly prejudicial testimony, that he is entitled to coram nobis relief, that his right to a speedy trial was violated, that the trial court erred by allowing the State to introduce evidence without showing a proper chain of custody, that the trial court erred by allowing the State to play only a portion of a controlled telephone call to the Appellant, that the trial court erred by allowing the victim to testify about habit, that the trial court erred by allowing the State to introduce into evidence a letter supposedly written by the Appellant, and that the trial court erred by allowing the State to make improper closing arguments. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the evidence is sufficient to support the conviction, that the trial court erred by allowing a witnesses to give irrelevant testimony but that the error was harmless, that the Appellant is not entitled to coram nobis relief, and that his right to a speedy trial was not violated. Finding no plain error as to the remaining issues, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals |
