State of Tennessee v. Sean Greenlee
Sean Greenlee, the Defendant, appeals the summary denial of his “Motion to Correct Sentence” filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Because the motion failed to state a colorable claim, we affirm the trial court’s summary denial of the motion. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Angela Montgomery
The Defendant, Angela Montgomery, appeals as of right from her convictions for six counts of rape of a child. The Defendant argues (1) that there was insufficient evidence to support her convictions; (2) that the trial court erred in allowing the State to present evidence that the Defendant used corporal punishment to discipline her children; and (3) that the trial court erred in allowing the prosecutor to introduce a witness’s prior inconsistent statements. Following our review, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
Vernica Shabree Calloway, AKA Vernica S. Ward, AKA Vernica Jackson v. State of Tennessee
The petitioner, Vernica Shabree Calloway, a.k.a. Vernica S. Ward, a.k.a. Vernica Jackson, appeals the denial of her post-conviction petition, arguing trial counsels’ strategy regarding the use of expert witnesses on behalf of her defense was ineffective. Following our review, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Anthony M. Crawford - Concurring
I respectfully concur in results only. My concern in this case is that inadmissible polygraph testing evidence was presented at the suppression hearing. |
Wilson | Court of Criminal Appeals | |
Michael Terrell McKissack v. State of Tennessee
The Petitioner, Michael Terrell McKissack, filed a petition for post-conviction relief from his convictions of especially aggravated robbery, aggravated robbery, and facilitation of attempted carjacking. In the petition, the Petitioner argued that his trial counsel was ineffective (1) by failing to call two of his co-defendants to testify on his behalf; (2) by failing to inform him that his third co-defendant would testify against him; and (3) by failing to adduce proof during the guilt phase regarding his lack of education and mental health issues. The post-conviction court denied relief, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Reginald Bernard Coffee
The Defendant, Reginald Bernard Coffee, was convicted by a Davidson County Criminal Court jury of especially aggravated robbery, a Class A felony, and sentenced to fifteen years. See T.C.A. § 39-13-403 (2014). On appeal, he contends that (1) the evidence is insufficient to support his conviction and (2) the fingerprint evidence was admitted without a sufficient foundation. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Danny O. Owens v. State of Tennessee
The Petitioner, Danny O. Owens, appeals the denial of his petition for post-conviction relief from his second degree murder conviction, alleging he received ineffective assistance of trial counsel. After review, we affirm the denial of the petition. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. Shanthony Tywon Mays
Defendant, Shanthony Tywon Mays, was convicted by an Obion County Jury of one count of aggravated robbery, three counts of aggravated assault, and one count of unlawful possession of a weapon. The trial court imposed a sentence of twelve years for aggravated robbery, four years for each count of aggravated assault, and four years for unlawful possession of a weapon, to be served concurrently with each other and consecutively to the sentence in an unrelated case. On appeal, Defendant raises the following issues: (1) whether the trial court properly overruled Defendant’s objection to the jury venire; (2) whether the trial court properly instructed the jury concerning possession of recently stolen property; (3) whether the evidence was sufficient to support Defendant’s convictions; and (4) whether the trial court erred in denying Defendant’s motion for new trial based on newly discovered evidence. After a thorough review of the record, we affirm the judgments of the trial court. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Nero Oswald Jones
The Appellant, Nero Oswald Jones, appeals as of right from the Hardeman County Circuit Court’s summary denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. The Appellant contends that the trial court erred because his motion stated a colorable claim for relief. Discerning no error, we affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
Kenneth Tucker v. State of Tennessee
Petitioner, Kenneth Tucker, appeals the post-conviction court’s dismissal of his postconviction petition alleging ineffective assistance of counsel. After a review, we determine Petitioner has failed to establish that he received ineffective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Carlos Richard Morris
The Defendant, Carlos Richard Morris, pleaded guilty to two counts of possession of .5 grams or more of cocaine with the intent to sell, one count of possession of one-half ounce or more of marijuana, one count of possession of drug paraphernalia, and one count of failing to obey a stop sign. The trial court merged the two possession with intent to sell convictions, and it sentenced the Defendant to an effective sentence of eight years. It ordered that the Defendant’s eight-year sentence from Madison County run concurrently with any remaining sentences from two previous Henderson County possession with intent to sell cocaine convictions. The Defendant filed a Tennessee Rule of Criminal Procedure 36.1 motion to correct his allegedly illegal sentence, which the trial court summarily dismissed. On appeal, we affirm the trial court’s judgment. |
Madison | Court of Criminal Appeals | |
Timothy Baxter v. State of Tennessee
Petitioner, Timothy Baxter, appeals the dismissal of his petition for post-conviction relief in which he alleged ineffective assistance of counsel at trial where he was convicted of felony failure to appear. More specifically, he contends that trial counsel failed to subpoena witnesses requested by Petitioner, did not present evidence that the circuit court clerk’s office failed to issue a criminal summons after his failure to appear, and trial counsel allowed himself to be intimidated by the trial court. After a thorough review, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Maka Fuller, Jr.
A Madison County jury convicted the Defendant, Maka Fuller, Jr., of aggravated robbery. After a sentencing hearing, the trial court sentenced him to eleven years in prison. On appeal, the Defendant contends that the evidence is insufficient to support his conviction because he did not use a weapon to accomplish the robbery. Finding that there is sufficient evidence to support the Defendant’s conviction for aggravated robbery, we affirm the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Anthony M. Crawford
A Wilson County jury convicted the Defendant, Anthony M. Crawford, of aggravated assault and child abuse. The trial court sentenced the Defendant to consecutive prison terms of six and four years, for a total effective sentence of ten years. On appeal, the Defendant asserts that: (1) the trial court erred when it denied his motion to dismiss the indictment on double jeopardy grounds; (2) the trial court improperly commented on the evidence; (3) the trial court erred when it precluded the Defendant’s expert witness from testifying at the suppression hearing; (4) the trial court erred when it denied the Defendant’s motion to suppress his October 19, 2012 statement; (5) the evidence is insufficient to support the convictions; (6) the trial court erred when it allowed the State to cross-examine witnesses about “highly prejudicial statements” the Defendant made about the victim; (7) the State did not properly make an election of offenses, thus depriving the Defendant of a unanimous verdict; (8) the cumulative effect of the errors deprived the Defendant of a fair trial; and (9) the trial court improperly ordered consecutive sentencing. After a thorough review of the record and applicable law, we affirm the judgments of the trial court. |
Wilson | Court of Criminal Appeals | |
Steven Padgett King v. State of Tennessee
The petitioner, Steven Padgett King, appeals the dismissal of his post-conviction petition, arguing the post-conviction court erred in dismissing the petition as time-barred. Following our review, we agree with the petitioner and reverse the order of the post-conviction court dismissing the petition as untimely. |
Montgomery | Court of Criminal Appeals | |
Elbert Bryant Gleaves v. State of Tennessee
The petitioner, Elbert Bryant Gleaves, appeals the denial of his post-conviction petition. The petitioner argues he received ineffective assistance of counsel prior to trial forcing him to accept the State’s plea offer. Following our review, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jacob Scott Hughes
The Defendant, Jacob Scott Hughes, was convicted of first degree felony murder and aggravated child abuse, for which he was sentenced, respectively, to life and twenty-five years, to be served consecutively, as a result of the death of the sixteen-month-old daughter of his girlfriend. On appeal, he raises three issues: (1) the trial court erred in ruling that he could not refer to his co-defendant, who was the mother of the child, as his "co-defendant," as well as to the fact that she had entered a guilty plea to lesser-included offenses; (2) the trial court erred in not redacting from his Facebook message a racial slur, which previously had been ruled inadmissible; and (3) whether autopsy photographs were properly admitted as exhibits during the testimony of the medical examiner. Following our review, we conclude that the issues raised on appeal are without merit and arrim the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Donnell V. Booker v. State of Tennessee
The Petitioner, Donnell V. Booker, appeals as of right from the Trousdale County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. He claims entitlement to habeas corpus relief, alleging that his eight-year sentence for Class B felony cocaine possession is illegal because it should have run consecutively to his prior sentences, rather than concurrently, as was agreed to in his plea agreement. Following our review, we affirm the trial court’s summary dismissal of the petition but do so on a different ground—the Petitioner has failed to show by a preponderance of the evidence that his sentence is illegal. See Mike Settle v. Ricky Bell, Warden, No. M2007-02743-COA-R3-CV, 2008 WL 4725599, at *1 (Tenn. Crim. App. Oct. 28, 2008) (affirming using similar procedure). |
Trousdale | Court of Criminal Appeals | |
State of Tennessee v. Andre Hill
The Defendant, Andre Hill, appeals the Knox County Criminal Court’s revocation of his probation. On appeal, the Defendant argues that (1) the admission of a witness’s statements at the revocation hearing violated his right of confrontation; and (2) the trial court abused its discretion by ordering him to serve his original sentence in confinement. Upon review, the judgment of the trial court is affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Holly N. Hilliard
This is a consolidated appeal by the State. Holly N. Hilliard (“Ms. Hilliard”), Brian K. Reynolds (“Mr. Reynolds”), and Joseph A. Tester, II (“Mr. Tester”) (collectively, “the Defendants”) were charged, via presentment, with conspiracy to manufacture over .5 grams of methamphetamine within 1,000 feet of a school. The presentment also charged Ms. Hilliard and Mr. Reynolds with one count of manufacturing greater than .5 grams of methamphetamine within 1,000 feet of a school, two counts of attempted aggravated child neglect, one count of maintaining a dwelling where controlled substances are used or sold, and one count of possession of drug paraphernalia. The Defendants moved to suppress evidence found in a warrantless search of their residence. Following a suppression hearing, the trial court found that the officers’ subjective reasons for entering the house were inconsistent, that there were not sufficient exigent circumstances to justify a protective sweep, and that the officers’ entry into the residence was an illegal warrantless search. The trial court granted the motions and suppressed the evidence found in the residence. Upon review, we conclude that the trial court erred by using a subjective rather than objective test in finding that the exigent circumstances were not sufficient to justify the officers’ entering the residence to perform a protective sweep. However, we determine that the police officers’ knocking on the front door for ten to fifteen minutes while announcing their badge of authority rendered the encounter with Ms. Hilliard nonconcensual and the knock and talk investigation unlawful. The subsequent warrantless entry of the residence therefore violated the prohibition against unreasonable searches and seizure under the Fourth Amendment of the United States Constitution and article 1 section 7 of the Tennessee Constitution. The subsequent consent to search given by Ms. Hilliard was not voluntary and resulted from an exploitation of the prior illegality. We, therefore, affirm the judgments of the trial court suppressing the evidence in these three cases. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. James Mark Thornton
The State appeals as of right from the Cocke County Circuit Court’s grant of the Defendant’s, James Mark Thornton’s Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. The State contends that the trial court erred because the challenged sentence was not illegal. We agree with the State and dismiss the Defendant’s Rule 36.1 motion. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Michael Smith
The pro se defendant, Michael Smith, appeals the summary denial of his motion to correct clerical errors on the face of an order suspending a forty-month sentence for a felony escape conviction. The defendant argues the trial court actually resentenced him to one year, time served, and the order did not accurately reflect this ruling. The defendant further argues the trial court should have entered an amended judgment reflecting the resentencing. On review, we conclude the record is insufficient to support the defendant’s arguments and affirm the trial court’s denial of the motion. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Mark Harold Lullen aka Luellen
We granted this interlocutory appeal to review the trial court’s order granting the motion of the defendant, Mark Harold Lullen a.k.a. Luellen, to suppress his statement because officers did not give Miranda warnings. Upon review, we conclude Miranda warnings were unnecessary because the defendant was not in custody when questioned by law enforcement, so the trial court erred when granting the defendant’s motion to suppress on that basis. Despite arguments by the defendant that he did not voluntarily give his statement because he was under the influence of prescription drugs, the trial court failed to make findings of fact in this regard. Accordingly, we remand for full hearing and additional findings as to whether the defendant’s statement was voluntary. |
Fayette | Court of Criminal Appeals | |
State of Tennessee v. Robert Lamar Kelley
Following the trial court’s denial of his motion to suppress, the Defendant-Appellant, Robert Lamar Kelley, entered a guilty plea in the Wilson County Criminal Court to the charged offense of possession of more than ten pounds of marijuana, a Class D felony, for which he received a sentence of four years, with service of six months in confinement and the remainder on supervised probation. See T.C.A. §§ 39-17-417(a)(4), (g)(2). As a condition of his guilty plea, Kelley properly reserved two certified questions of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) regarding the stop and search of his vehicle. After reviewing the record, we find no error in the denial of the motion to suppress and affirm the judgment of the trial court. |
Wilson | Court of Criminal Appeals | |
Anzar McFarland v. State of Tennessee and Randy Lee, Warden
The Petitioner, Anzar McFarland, appeals as of right from the Johnson County Criminal Court’s summary dismissal of his petition for writ of habeas corpus. He claims entitlement to habeas corpus relief, alleging that his judgment of conviction for class A felony rape of a child was void because he was not granted pretrial jail credit. Following our review, we affirm the habeas corpus court’s summary dismissal of the petition. |
Johnson | Court of Criminal Appeals |
