State of Tennessee v. Thomas Braden
The Appellee, Thomas Braden, was indicted for possession of cocaine, possession of marijuana, and possession of Alprazolam, all misdemeanors. He filed a motion to suppress the evidence, arguing that the affidavit in support of the search warrant for the home in which the drugs were found was defective because it failed to establish ongoing criminal activity at the residence, and the Maury County Circuit Court granted the motion. The State appealed to this court, and we concluded that the trial court properly granted the motion to suppress. The Tennessee Supreme Court granted the State’s application for permission to appeal and remanded the case to this court for reconsideration in light of the court’s recent opinion in State v. Jerry Lewis Tuttle, ___ S.W.3d ___, M2014-00566-CCA-R3-CD, 2015 WL 5812945 (Tenn. Apr. 5, 2017), which overruled State v. Jacumin, 778 S.W.2d 430 (Tenn. 1989), and adopted a totality-of-the-circumstances analysis for determining whether an affidavit establishes probable cause for issuance of a search warrant. Upon reconsideration, we again conclude that the trial court properly granted the motion to suppress. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Bobby Joe Campbell
The defendant, Bobby Joe Campbell, appeals his Sullivan County Criminal Court jury conviction of second offense driving under the influence (“DUI”), arguing that the trial court committed plain error by failing to declare a mistrial following certain comments from a member of the jury, that the evidence was insufficient to support his conviction, and that the sentence is excessive. We affirm the judgment of the trial court but remand the case for the entry of a corrected judgment that reflects the 180-day period of confinement ordered by the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Garry Baker
The Defendant, Garry Baker, was convicted by a Rutherford County Circuit Court jury of attempt to commit voluntary manslaughter, a Class D felony, and two counts of aggravated assault, Class C felonies. See T.C.A. §§ 39-13-211 (2014), 39-12-101 (2014), 39-13-102 (2014). The trial court merged the convictions into a single count of aggravated assault and sentenced the Defendant as a Range II, multiple offender to eight years to be served consecutively to a previously imposed sentence. On appeal, the Defendant contends that the trial court erred (1) by permitting the State to introduce evidence of his previous conviction and (2) by imposing consecutive service. We reverse the judgments of the trial court and remand the case for a new trial. |
Rutherford | Court of Criminal Appeals | |
Raquel Hayes v. State of Tennessee
Petitioner, Raquel Hayes, appeals from the dismissal of her petition for postconviction relief. At oral argument, the State acknowledged that the post-conviction court erred, and we agree. As a result, the judgment of the Criminal Court is reversed and the matter is remanded for a full evidentiary hearing. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. John N. Porterfield
The Defendant, John N. Porterfield, appeals 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. Because the challenged sentences are expired, the Defendant is not entitled relief. Accordingly, we affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ricky Thompson
Defendant, Ricky Thompson, appeals from his conviction for reckless aggravated assault, arguing that the trial court abused its discretion when it failed to declare a mistrial after a potential juror made highly prejudicial remarks that undermined the authority of the trial proceedings and contaminated the rest of the venire. Additionally, Defendant argues that the trial court abused its discretion when it admitted photographs of surgical procedures performed on the victim. Following our review, we conclude that the trial court properly exercised its discretion in denying the Defendant’s motion for a mistrial. Additionally, we conclude that the surgical photographs were improperly admitted into evidence but find the error to be harmless. Accordingly, the judgment of the trial court is affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Ricky Thompson - dissenting opinion
I agree with the majority’s discussion of the photographs and subsequent legal analysis of their admissibility; however, I do not agree that the error in admitting the surgical photographs was harmless. |
Knox | Court of Criminal Appeals | |
Ashley Bradshaw v. State of Tennessee
The petitioner, Ashley Bradshaw, appeals the denial of post-conviction relief from her 2013 Shelby County Criminal Court jury convictions of aggravated child abuse, aggravated child neglect, and aggravated child endangerment, for which she received a sentence of 20 years. In this appeal, the petitioner contends only that she was denied the effective assistance of counsel at trial. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Timothy Lamar Baker
The defendant, Timothy Lamar Baker, appeals the denial of his motion to withdraw his guilty plea arguing that he provided fair and just reasons in support of his motion and that the trial court failed to engage in the proper analysis. After our review of the record, briefs and applicable law, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Douglas Gwinn
Defendant, Jeffrey Douglas Gwinn, was convicted of driving under the influence of an intoxicant (“DUI”). On appeal, he argues: (1) the evidence was insufficient to support his conviction; (2) the trial court erred by permitting the arresting officer to testify about Defendant’s fitness to drive a motor vehicle and his performance on field sobriety tests; and (3) the State committed prosecutorial misconduct during its rebuttal closing argument. We conclude that the evidence was sufficient and that the lay opinion testimony was proper. We also conclude that remarks in the State’s rebuttal were improper, but we find the error to be harmless. Accordingly, the judgment of the trial court is affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Mark Oden Potts
Defendant, Mark Oden Potts, pled guilty to various drug-related offenses. He received an effective sentence of eight years as a standard offender. On appeal, he argues that the trial court abused its discretion by denying an alternative sentence of probation or community corrections. After reviewing the record, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
David Andrew Oliver v. State of Tennessee
The Petitioner, David Andrew Oliver, appeals the denial of his petition for post-conviction relief in which he challenged his rape of a child conviction and twenty-five year prison sentence. On appeal, the Petitioner contends that he was denied his right to the effective assistance of counsel, arguing that trial counsel should have advised him to testify at trial. We affirm the post-conviction court’s denial of relief. |
Knox | Court of Criminal Appeals | |
James Britt v. State of Tennessee
The Petitioner, James Britt, appeals the denial of his petition for post-conviction relief from his premeditated first degree murder conviction, alleging he received ineffective assistance of counsel. After review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joseph L. Smith
Joseph L. Smith (“the Defendant”) was convicted of attempted arson under a theory of criminal responsibility and received a three-year sentence; he was ordered to serve one year in the workhouse and the remainder of the sentence on community corrections. On appeal, the Defendant argues that the trial court erred in its denial of his motion for judgment of acquittal and his motion for new trial because the testimony of the accomplices was not sufficiently corroborated by independent evidence. The Defendant also contends that the evidence introduced at trial was insufficient for a rational juror to have found him guilty of attempted arson beyond a reasonable doubt and that the trial court should not have instructed the jury on the offense of attempted arson. After a thorough review of the record and applicable case law, we affirm. |
Henry | Court of Criminal Appeals | |
Joe Travis Northern v. State of Tennessee
Joe Travis Northern, Jr. (“Petitioner”) appeals from the denial of his petition for postconviction relief. Petitioner claims that he received ineffective assistance of trial counsel and of counsel appointed to represent him in a Tennessee Rule of Criminal Procedure 36.1 motion. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Johnathan Robert Leonard
Johnathan Robert Leonard (“the Defendant”) appeals his Marshall County convictions for three counts of rape of a child, two counts of soliciting sexual exploitation of a child, and one count of aggravated sexual battery, for which he received an effective sentence of ninety-six years. The Defendant asserts that he was denied due process and a fair trial based on numerous instances of prosecutorial misconduct and that the cumulative effect of “irregularities” during voir dire and jury selection resulted in structural constitutional error, necessitating a new trial. After a thorough review, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Gregory Maurice Marlin
The Defendant, Gregory Maurice Marlin, was convicted of evading arrest while operating a motor vehicle, evading arrest on foot, and operating a motor vehicle while declared a habitual traffic offender. The trial court sentenced the Defendant as a standard offender to two years for the evading arrest while operating a motor vehicle conviction, eleven months and twenty-nine days for the evading arrest on foot conviction, and two years for the operating a motor vehicle while declared a habitual offender conviction, all to be served consecutively to each other. After the sentencing hearing, the trial court amended the sentence and merged the evading arrest on foot conviction with the evading arrest while operating a motor vehicle conviction, for an effective sentence of four years in prison. The Defendant argues that the evidence is insufficient to support his convictions and that the trial court abused its discretion in sentencing him. After a thorough review of the record and applicable law, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Justin Ray Lane
A Sullivan County jury convicted the defendant, Justin Ray Lane, of four separate felony offenses for his participation in a controlled drug buy of heroin and cocaine within one thousand feet of a school. On appeal, the defendant challenges the sufficiency of the evidence supporting his convictions arguing the State failed to prove he authored the text messages which established the details of the illegal transaction. Additionally, and for the same reason, the defendant argues photographs of the text messages establishing the drug deal were not properly authenticated at trial. Finally, the defendant contends the trial court prejudiced the jury by including the preamble to the Drug-Free School Zone Act in its charge. After reviewing the record, submissions of the parties, and pertinent authorities, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
Josh L. Bowman v. State of Tennessee
The Petitioner, Josh L. Bowman, was convicted by a jury of three counts of first degree felony murder, one count of especially aggravated kidnapping, one count of especially aggravated robbery, two counts of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony. After the verdict, the Petitioner pled guilty to one count of employing a firearm during the commission of a dangerous felony when he had previously been convicted of a felony. The trial court merged the murder convictions, merged the burglary convictions, and merged the firearms convictions. This court on appeal reversed the especially aggravated kidnapping conviction and remanded for a new trial, affirming all other judgments. See State v. Josh L. Bowman, No. E2012-00923-CCA-R3-CD, 2013 WL 4680402, at *3 (Tenn. Crim. App. Aug. 29, 2013), overruled in part by State v. Teats, 468 S.W.3d 495 (Tenn. 2015). The Petitioner filed a timely post-conviction petition, alleging that his trial counsel was deficient in allowing him to enter a guilty plea to the firearms offense and deficient in failing to object to the racial composition of the jury venire. The post-conviction court granted relief on the firearms conviction, finding that the Petitioner did not have a qualifying prior “dangerous felony” and dismissing the charge. The post-conviction court found that the Petitioner could not show deficiency or prejudice on the jury issue. Both parties filed notices of appeal in this court. The State asserts that the postconviction court misinterpreted Tennessee Code Annotated section 39-17-1324 (2008) in granting relief and argues that the prior felony need not be a dangerous felony according to statute. The Petitioner asserts that he is entitled to relief from all his convictions based on the jury composition. After a thorough review of the record, we affirm the postconviction court’s judgment. We remand for the post-conviction court to enter judgment on the merged conviction which survives the dismissal of the firearms offense. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Thomas R. Davis
A Knox County jury convicted the Defendant, Thomas R. Davis, of simple possession of a controlled substance; simple possession of a controlled substance, third offense; and misdemeanor evading arrest. Following a sentencing hearing, the trial court sentenced the Defendant to eleven months and twenty-nine days each for simple possession of a controlled substance and evading arrest and one year for simple possession of a controlled substance, third offense. The trial court merged the drug convictions and ordered the Defendant to serve his sentences concurrently, for an effective sentence of one year. On appeal, the Defendant contends that due to an amendment to Tennessee Code Annotated section 39-17-418(e) that went into effect prior to the sentencing hearing, he did not qualify for enhanced punishment for simple possession of a controlled substance based on prior convictions. We conclude that the amendment to Tennessee Code Annotated section 39-17-418(e) controls and that, as a result, the Defendant did not qualify for enhancement punishment for his simple possession conviction based on his prior convictions. Accordingly, the judgments of the trial court are reversed in part and affirmed in part. The Defendant’s conviction for simple possession of a controlled substance as a Class E felony as reflected in the judgment for count 12 is dismissed, and the case is remanded to the trial court for entry of a corrected judgment reflecting the $2,500 fine imposed by the jury in count 11 and for further proceedings in accordance with this opinion. |
Knox | Court of Criminal Appeals | |
Myron Lorenzo Johnson v. State of Tennessee
A Davidson County jury convicted the Petitioner, Myron Lorenzo Johnson, of first degree felony murder, first degree premeditated murder, and especially aggravated robbery. The trial court merged the convictions for first degree premeditated murder and felony murder and ordered an effective sentence of life imprisonment plus sixty years. On appeal, this Court affirmed the trial court’s judgments. See State v. Myron Lorenzo Johnson, No. M2008-02198-CCA-R3-CD, 2010 WL 521028, at *1 (Tenn. Crim. App., at Nashville, Feb. 12, 2010), perm. app. denied (Tenn. May 12, 2010). The Petitioner then filed a post-conviction petition in which he alleged that his trial counsel was ineffective, and the post-conviction court denied relief following a hearing. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel. After review, we affirm the post-conviction court’s judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. David G. Jenkins
The Defendant, David G. Jenkins, appeals his conviction of first degree premeditated murder for which he received a sentence of life imprisonment. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction; (2) the trial court erred in admitting post-mortem photographs of the victim; (3) the trial court improperly commented on the evidence in front of the jury; (4) the trial court erred in limiting defense counsel’s cross-examination of a witness; (5) the trial court erred in its rulings on various hearsay evidence; (6) the trial court erred in denying the Defendant’s request to give his own closing argument to the jury; and (7) reversal is warranted due to the cumulative effect of the errors. Upon reviewing the record and the applicable law, we affirm the judgment of the trial court. |
Franklin | Court of Criminal Appeals | |
Brunswick L. Robinson v. State of Tennessee
The pro se petitioner, Brunswick L. Robinson, appeals the denial of his petition for writ of habeas corpus by the Johnson County Criminal Court, arguing the trial court erred in summarily dismissing the petition as his sentence has expired. After our review, we affirm the summary dismissal of the petition pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Johnson | Court of Criminal Appeals | |
Roderick McAlpin v. State of Tennessee
The petitioner, Roderick McAlpin, 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. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Maurice Allen Mills, Jr.
The pro se defendant, Maurice Allen Mills, Jr., appeals as of right from the Knox County Criminal Court’s summary denial of his Tennessee Rule of Criminal Procedure 36.1 (“Rule 36.1”) motion to correct an illegal sentence. The defendant contends his motion stated a colorable claim for relief, so the trial court erred in summarily denying it. Discerning no error, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals |
