State of Tennessee v. Gene A. Hoskins, Jr.
The Defendant, Gene A. Hoskins, Jr., appeals the Robertson County Circuit Court’s order revoking his probation and requiring him to serve the original three-year sentence for his aggravated assault conviction in confinement. The Defendant contends the trial court abused its discretion in revoking his probation and ordering him to serve his sentence in confinement (1) by failing to consider the consequence of the revocation as a separate discretionary decision, and (2) by failing to consider the interests of justice. After review, we affirm the judgment of the trial court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. William Tony Burrell
Defendant, William Tony Burrell, was indicted for driving under the influence (DUI), possession of a handgun while under the influence, possession of a handgun by a convicted felon, and violation of the implied consent law. After Defendant’s motion to suppress evidence obtained against him during a traffic stop that led to his arrest was denied by the trial court, Defendant entered into negotiated guilty pleas to one count of DUI and one count of possession of a handgun while under the influence. Pursuant to the plea agreement, the parties reserved a certified question of law for appeal under Tennessee Rule of Criminal Procedure 37(b)(2). After review, we conclude that we do not have jurisdiction to address the certified question because the certification did not meet the requirements of Rule 37(b)(2) and State v. Preston, 759 S.W.2d 647 (Tenn. 1988), and we dismiss the appeal. |
Polk | Court of Criminal Appeals | |
William Rolandus Keel v. State of Tennessee
Petitioner, William Rolandus Keel, filed a pro se “Motion to Reopen Post Conviction Petition in Conjunction with Writ of Error Coram Nobis” (“the Petition”).1 The trial court found that the Coram Nobis Petition, on its face, failed “to establish that there is newly discovered evidence that would give rise to coram nobis relief” and summarily dismissed the Coram Nobis Petition. Discerning no reversible error, we affirm the summary dismissal of the Coram Nobis Petition. Because Petitioner failed to comply with the statutory requirements for seeking appellate review of the denial of the Motion to Re-open, we lack jurisdiction to consider the Motion. Tenn. Code Ann. § 40-30-117(c). |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Cornelius Williams, IV - Concur in Part/Dissent in Part
I fully concur with my respected colleagues reasoning and judgment as it relates to Parts I through IV of the majority opinion. As it relates to Part V, however, I must depart from the majority regarding the remedy for the trial court’s imposition of an illegal sentence. I believe the Defendant has the right to a sentencing hearing upon remand. On this point alone, I dissent. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Cornelius Williams, IV
The defendant, Cornelius Williams IV, was convicted by a Shelby County jury of second-degree murder and convicted felon in possession of a handgun, and the trial court imposed an effective sentence of twenty-five years in the Department of Correction. On appeal, the defendant argues: (1) the evidence is insufficient to sustain his convictions; (2) the trial court committed plain error in providing the jury with an erroneous instruction; (3) the trial court committed plain error by allowing the State to introduce a pro se pleading purportedly filed by the defendant; (4) the defendant is entitled to relief based on cumulative error; and (5) the defendant’s sentence for convicted felon in possession of a handgun is illegal. Following a thorough review of the record, the briefs, and oral arguments of the parties, we affirm the judgments of the trial court, but we remand for entry of a corrected judgment in count two indicating the statutorily authorized release eligibility of eighty-five percent on the handgun conviction. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jarmie Alonzo Hill
The Defendant, Jarmie Alonzo Hill, whose first trial with a codefendant before a Davidson County Criminal Court jury ended in a mistrial, was convicted in a second Davidson County Criminal Court bench trial of aggravated assault with serious bodily injury. The Defendant raises three issues on appeal: (1) whether the trial court erred by not sua sponte recusing itself based on a prejudicial finding it made against the Defendant in the codefendant’s unrelated drug case; (2) whether the State committed a Brady violation by not providing the Defendant with the transcript of an unavailable witness’s jury trial testimony until the first day of the retrial; and (3) whether the evidence was sufficient to sustain the conviction. Based on our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. John Houston-Polk, III
The Defendant, John Houston-Polk, III, was convicted in a Rutherford County Circuit Court bench trial of simple possession of methamphetamine, a Class A misdemeanor; resisting arrest, a Class B misdemeanor; and possession of drug paraphernalia, a Class A misdemeanor, and sentenced to six months in the county jail with the first 30 days to be served at 100% and the sentence to be served consecutively to the Defendant’s sentences in two general sessions court cases. The sole issue the Defendant raises on appeal is whether the trial court erred in denying his motion to suppress evidence found during the search of his vehicle parked in the driveway of his parents’ home. Based on our review, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
Danielle Wright v. State of Tennessee
Petitioner, Danielle Wright, appeals the Knox County Criminal Court’s summary dismissal |
Knox | Court of Criminal Appeals | |
Steven Skinner v. State of Tennessee
Petitioner, Steven Skinner, appeals the Shelby County Criminal Court’s summary dismissal of his fourth untimely petition for writ of error coram nobis and his motion to reopen post-conviction proceedings. He argues on appeal that the post-conviction court erred in summarily dismissing the petition because he presented newly discovered evidence in support of actual innocence; therefore, the statute of limitations should be tolled. Alternatively, he argues that the lower court improperly denied his motion to reopen post-conviction proceedings. After review, we affirm the summary dismissal of the coram nobis petition and conclude that we are without jurisdiction to consider the propriety of the denial of the motion to reopen and dismiss the appeal in that respect. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Brandon Theus
The pro se Defendant, Brandon Theus, appeals from the trial court’s denial of his Tennessee Rule of Criminal Procedure 36 motion to correct a clerical mistake in his judgments of convictions for simple possession of methamphetamine and driving on a suspended license. The Defendant argues the trial court should have granted his motion to award pretrial jail credit on his sentence in the instant case, which had been ordered to run consecutively to separate cases that were pending parole revocation proceedings at the time of the Defendant’s sentencing. The State contends that the Defendant’s appeal was untimely, that the record is inadequate for review, and, nonetheless, that the trial court did not abuse its discretion by denying the Defendant’s motion to correct a clerical mistake. We conclude that the appeal is timely and affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Ray Niles
The Defendant, Kenneth Ray Niles, appeals from his convictions in the Dickson County Circuit Court for two counts of first degree premeditated murder, two counts of first degree felony murder, and one count each of aggravated arson, a Class A felony; especially aggravated robbery, a Class A felony; theft of property, a Class D felony; and aggravated criminal trespass, a Class A misdemeanor. See T.C.A. §§ 39-13-202 (2014) (subsequently amended) (first degree felony murder), 39-14-302 (2018) (aggravated arson), 39-13-403 (2018) (especially aggravated robbery), 39-14-103 (2018) (theft of property), 39-14-406 (2014) (subsequently amended) (aggravated criminal trespass). He received an effective sentence of life plus fifty years. The Defendant contends that (1) the jury’s verdict was contrary to the weight and sufficiency of the evidence, (2) the trial court erred by failing to exclude evidence found in the Defendant’s wife’s truck, and (3) the trial court erred by admitting photographs of the victims. We affirm the judgments of the trial court. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Shawn Foutaine Shaw
Following a jury trial, the Defendant, Shawn Foutaine Shaw, was convicted of first degree premeditated murder, first degree felony murder, especially aggravated kidnapping, and aggravated assault. On appeal, the Defendant claims that his convictions for especially aggravated kidnapping and aggravated assault violate the prohibition against double jeopardy. He also raises an evidentiary issue regarding the testimony of a witness at trial. After a thorough review of the record, we remand the case to the trial court for entry of an amended judgment in count 2 and corrected judgments in counts 3 through 6. In all other respects, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
Kenyon Demario Reynolds
The Petitioner, Kenyon Demario Reynolds, appeals from the Knox County Criminal |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Christopher R. Smith
A Lake County jury convicted the Defendant, Christopher R. Smith, of two counts of aggravated assault, a Class C felony. The trial court sentenced the Defendant as a career offender to consecutive fifteen-year sentences for each conviction. On appeal, the Defendant asserts that the evidence is insufficient to support his convictions. After review, we affirm the trial court’s judgment in Count 1 for aggravated assault, modify Count 2 to a conviction for assault, and remand for entry of an amended judgment and sentencing on Count 2. |
Lake | Court of Criminal Appeals | |
Lacy L. Austin v. State of Tennessee
Petitioner, Lacy L. Austin, appeals from the Montgomery County Circuit Court’s denial of his petition for post-conviction relief related to his convictions for two counts of possession of twenty-six grams or more of methamphetamine with the intent to sell or deliver within 1,000 feet of a school zone; possession of a firearm during the commission of a dangerous felony; possession of a firearm by a person convicted of a felony drug offense; possession of a firearm by a person convicted of a felony involving the use of force or violence; simple possession of marijuana; and possession of drug paraphernalia. Petitioner argues that the post-conviction court erred in denying relief based upon his claims that he received ineffective assistance of trial and appellate counsel. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Ryan Leath
In 2015, the Defendant, Ryan Leath, pleaded guilty to theft of property valued over $10,000, and the trial court sentenced him to six years, suspended, and ordered him to supervised probation. In May 2023, the trial court revoked the Defendant’s probation for being arrested for driving under the influence, driving on a revoked license, and harassment. The trial court returned the Defendant to probation, extending it by six years, and ordered him to sign up and attend a mental health treatment program. In October 2023, the Defendant’s probation officer filed an affidavit alleging that the Defendant had not attended the program. The trial court revoked the Defendant’s probation after a hearing, and on appeal, the Defendant contends that the trial court erred when it revoked his probation and ordered him to serve his sentence in confinement. After review, we affirm the trial court’s judgment. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Joey Lasean Scribner
In 2018, the Defendant, Joey Lasean Scribner, pleaded guilty to possession of 0.5 grams or more of cocaine with the intent to sell, and the trial court sentenced him to ten years to be served on probation. The Defendant violated his probation, and the trial court reinstated his probation. In April 2023, the Defendant was stopped by law enforcement for speeding. Law enforcement determined that he was intoxicated. After a hearing, the trial court found that the Defendant had again violated his probation and ordered him to serve the balance of his sentence in confinement. On appeal, the Defendant contends that the trial court failed to place adequate findings in the record to support its decision to fully revoke his probation. After review, we affirm the trial court’s judgment. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Lonnie K. Cody
Defendant, Lonnie K. Cody, appeals the trial court’s order revoking his probationary |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Sidarius Jackson
A Knox County jury convicted the Defendant, Sidarius Jackson, of multiple drug, gang, |
Knox | Court of Criminal Appeals | |
Quincy D. Scott v. State of Tennessee
In 2016, Petitioner, Quincy D. Scott, was convicted by a McMinn County jury of |
McMinn | Court of Criminal Appeals | |
State of Tennessee v. Sanquez Keshawn Jones and Deion Jamaar Glover
In this consolidated appeal, the Defendants, Sanquez Keshawn Jones and Deion Jamaar Glover, appeal their convictions for aggravated kidnapping, aggravated robbery, attempted carjacking, and employing a firearm during the commission of a dangerous felony. For these convictions, both Defendants received an effective sentence of twenty-four years’ incarceration. Relative to Defendant Jones’s appeal, he contends the trial court violated Tennessee Rule of Evidence 404(b)’s general prohibition on propensity evidence by admitting a photograph depicting him possessing a firearm as a juvenile because such behavior is a criminal act. As to Defendant Glover, he first argues the evidence was insufficient to support his convictions because the State’s proof failed to establish his identity as one of the perpetrators of these offenses. He further alleges the trial court erred by admitting a photograph showing him possessing a firearm, arguing this photograph was irrelevant under Tennessee Rule of Evidence 402, unfairly prejudicial under Tennessee Rule of Evidence 403, and propensity evidence violative of Tennessee Rule of Evidence 404(b). Next, Defendant Glover contends he is entitled to plain error relief because his right to confrontation was violated when his cell phone data was extracted by a non-testifying Federal Bureau of Investigation agent and admitted against him at trial. Finally, he challenges the trial court’s imposition of consecutive sentencing based upon the dangerous offender classification of Tennessee Code Annotated section 40-35-115(b). After review, we affirm the judgments of the trial court in all respects. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Tanya Ilic
Following a bench trial on April 8, 2022, Defendant, Tanya Ilic, was found guilty of one count of aggravated child abuse. Defendant was sentenced to sixteen years and six months of confinement at a rate of 100 percent service. On appeal, Defendant contends the evidence is legally insufficient to sustain her conviction. After review, we affirm the judgment of the trial court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Johnathan James Gilley
A Hawkins County jury convicted the Defendant, Johnathan James Gilley, of aggravated |
Hawkins | Court of Criminal Appeals | |
Larry McKay v. State of Tennessee
This is an interlocutory appeal from the trial court’s order granting the motions of Defendant, Larry McKay, (“Defendant”) and Shelby County District Attorney General, Steven J. Mulroy, (“DA Mulroy”) to disqualify the Office of Attorney General and Reporter (“Attorney General”) from representing the State during Defendant’s capital error coram nobis proceeding. The trial court concluded that a recently enacted statute, which gave the Attorney General “exclusive control over the [S]tate’s defense of the request for collateral review” in capital cases, see 2023 Tenn. Pub. Acts ch. 182 (“Public Chapter 182”), violated Article VI, § 5 of the Tennessee Constitution. The Attorney General obtained permission from the trial court and this court to file an interlocutory appeal on behalf of the State to address this constitutional issue of first impression. After thoroughly considering the briefs and arguments of the parties and amici curiae, this court concludes that the trial court erred in finding that Public Chapter 182 was unconstitutional. Accordingly, the order of the trial court is reversed, and this case is remanded for further proceedings. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Anthony Cornelius Baylis
Defendant, Anthony Cornelius Baylis, appeals his Monroe County Circuit Court jury conviction of trafficking a person for a commercial sex act, arguing that the trial court erred in denying his motion for judgment of acquittal; that the trial court erred in affirming his conviction as the thirteenth juror; that the trial court erred by denying his motion to dismiss the indictment for lack of the grand jury foreperson’s signature attesting that witnesses were sworn; that the trial court erred by admitting certain testimony; that the State wrongfully commented on Defendant’s election to not testify; and that the trial court erred by imposing a fully-incarcerative sentence. Discerning no reversible error, we affirm. |
Monroe | Court of Criminal Appeals |
