State of Tennessee v. Larry Michael Berkley
The Defendant-Appellant, Larry Michael Berkley, was convicted by a Lauderdale County jury of two counts of rape, four counts of aggravated statutory rape, four counts of sexual battery by an authority figure, and four counts of statutory rape by an authority figure. On appeal, Berkley argues that (1) the evidence was insufficient to support his convictions; (2) the trial court erred in admitting cumulative and unduly prejudicial testimony; and (3) the trial court erred in allowing a witness to testify about a news report regarding Berkley in violation of Rule 404(b) of the Tennessee Rules of Evidence. Upon review, we affirm the judgments of the trial court. |
Lauderdale | Court of Criminal Appeals | |
Jennifer Hannah v. State of Tennessee
The Petitioner, Jennifer Hannah, appeals as of right from the post-conviction court’s denial of her petition for post-conviction relief, wherein she challenged her convictions for four counts of child neglect, one count of first degree felony murder during the perpetration of aggravated child neglect, and two counts of delivering a controlled substance to a minor. On appeal, the Petitioner contends that she received ineffective assistance of counsel based on trial counsel’s failure to call a “material” witness for the defense. Following our review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Paul Brent Baxter
The Defendant, Paul Brent Baxter, appeals as of right from his jury convictions for aggravated assault and aggravated kidnapping. Following a sentencing hearing, the trial court imposed consecutive terms of fifteen years and twenty years, respectively. On appeal, the Defendant contends that the evidence is insufficient to support his convictions and that his effective thirty-five-year sentence is excessive. After a review of the record, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Donald Keith Watts a/k/a "Duck"
The defendant, Donald Keith Watts, a/k/a “Duck,” was convicted of rape and sentenced to eight years at 100%. On appeal, he argues that the trial court erred in denying his motion for mistrial because of an allegedly improper argument by the State and that the evidence is insufficient to sustain the verdict. Following our review, we affirm the judgment of of the trial court. |
Dickson | Court of Criminal Appeals | |
Marcus Anthony Pearson v. State of Tennessee
Marcus Anthony Pearson (“the Petitioner”) filed a petition for post-conviction relief alleging several claims of ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. On appeal, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. James Allen Perry
The Defendant, James Allen Perry, pled guilty to fifty-nine counts of especially aggravated sexual exploitation of a minor, a Class B felony; three counts of statutory rape by an authority figure, a Class C felony; and one count of sexual exploitation of a minor, a Class D felony. See Tenn. Code Ann. §§ 39-13-532, -17-1003, -17-1005. The trial court imposed a total effective sentence of 106 years. In this appeal as of right, the Defendant contends that the trial court erred in imposing partially consecutive sentences. Following our review, we affirm the judgments of the trial court. |
Carter | Court of Criminal Appeals | |
State of Tennessee v. Amy Denise Franklin
Amy Denise Franklin’s (“the Defendant”) probation officer filed an affidavit alleging that she had violated five rules of probation and had absconded. Following a hearing, the trial court revoked her probation and ordered her to serve the balance of her sentence in confinement. On appeal, the Defendant argues that the trial court abused its discretion by ordering her to serve her sentence in confinement without considering alternatives to incarceration. After a review of the record and applicable law, we conclude that the trial court did not abuse its discretion. The judgment of the trial court is affirmed. |
Sevier | Court of Criminal Appeals | |
Doris A. Whaley v. State of Tennessee
The Petitioner, Doris A. Whaley, appeals the Washington County Criminal Court's denial of her petition for post-conviction relief from her conviction of first degree premeditated murder and resulting life sentence. On appeal, the Petitioner contends that she received the ineffective assistance of counsel because trial counsel failed to present medical evidence that would have shown she was physically incapable of killing the victim. Based upon the oral arguments, the record, and the parties' briefs, we affirm the judgment of the post-conviction court. |
Washington | Court of Criminal Appeals | |
State of Tennessee v. Paul Clifford Moore, Jr.
A Knox County jury convicted the Defendant-Appellant, Paul Clifford Moore, Jr., of three counts of second degree murder. See T.C.A. § 39-13-210(a)(1). The trial court imposed three fifteen-year sentences and ordered two of the three sentences served consecutively for an effective sentence of thirty years in confinement. On appeal, Moore argues (1) the trial court erred in instructing the jury that state of passion produced by adequate provocation is an essential element of the offense of voluntary manslaughter that must be proven beyond a reasonable doubt; (2) the trial court erred in instructing the jury that it must determine whether the State had proven the element of state of passion beyond a reasonable doubt; (3) the sequential jury instructions prevented the jury from ever returning a verdict of voluntary manslaughter in his case; (4) the trial court abused its discretion in admitting eyewitness testimony that Moore threatened to kill victim Amber Snellings; (5) the evidence is insufficient to sustain his convictions; (6) the trial court abused its discretion in imposing partially consecutive sentences; and (7) the cumulative effect of these errors violated his due process rights. Upon review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Stevie Michael Irwin, Jr.
Defendant, Stevie Michael Irwin, Jr., was found guilty of two counts of rape of a child, two counts of attempted rape of a child, one count of aggravated sexual battery, and one count of incest. On appeal, Defendant challenges the failure of the State to properly elect offenses; the sufficiency of the evidence for the rape and attempted rape convictions; dual convictions for rape of a child in Counts One and Three as violating his right to due process; and his sentence as excessive. After a review of the record, and in light of the recent supreme court holding in State v. Qualls, 428 S.W.3d 1 (2016), we affirm the convictions and sentences. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Demarcus Keyon Cole
The petitioner, Demarcus Keyon Cole, acting pro se, appeals the post-conviction court's denial of his petition for post-conviction relief, arguing he received ineffective assistance of counsel. After review, we affirm the denial of the petition. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Charles Edward Phillips, III
The defendant, Charles Edward Phillips, III, was convicted by a Benton County Circuit Court jury of aggravated kidnapping, a Class B felony; aggravated assault, a Class C felony; interference with emergency communications, a Class A misdemeanor; and driving while license suspended, revoked, or cancelled, a Class B misdemeanor. The trial court reduced the aggravated assault conviction to simple assault, a Class A misdemeanor, and sentenced the defendant as a Range I offender to an effective term of twelve years at 100% in the Department of Correction. The sole issue the defendant raises on appeal is whether the trial court imposed an excessive sentence. Following our review, we affirm the sentencing imposed by the trial court. |
Benton | Court of Criminal Appeals | |
State of Tennessee v. David Anderson Hatcher
The defendant, David Anderson Hatcher, appeals the revocation of the probationary sentence imposed for his Blount County Circuit Court conviction of aggravated burglary. Discerning no error, we affirm. |
Blount | Court of Criminal Appeals | |
Aaron T. James v. Shawn Phillips, Warden
The Petitioner, Aaron T. James, appeals as of right from the Morgan County Criminal Court’s summary dismissal of his petition for writ of habeas corpus. On appeal, the Petitioner contends that his judgment is void because his guilty plea to second degree murder was unknowing and involuntary. Discerning no error, we affirm the judgment of the habeas corpus court. |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. Joseph B. Thompson
The Appellant, Joseph B. Thompson, appeals as of right from the Sullivan County Criminal Court's summary denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. The Appellant contends that his motion stated a colorable claim for relief and that, therefore, the trial court erred in summarily denying the motion. Discerning no error, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
Ryan Robert Haase v. State of Tennessee
The Petitioner, Ryan Robert Haase, filed a petition for post-conviction relief in the Marshall County Circuit Court, alleging that his counsel were ineffective for failing to advise him correctly on his range classification and that as a result, he chose to reject a plea agreement and proceed to trial. The post-conviction court denied the petition, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Antonio L. Nelson
The Appellant, Antonio L. Nelson, pled nolo contendere in the Cheatham County Circuit Court to aggravated burglary, aggravated robbery, aggravated rape, and two counts of theft of property valued over $1,000 but less than $10,000. The trial court sentenced the Appellant to a total effective sentence of forty years. On appeal, the Appellant challenges the length of the individual sentences imposed by the trial court and the trial court’s imposition of consecutive sentencing. Upon review, we affirm the judgments of the trial court. |
Cheatham | Court of Criminal Appeals | |
State of Tennessee v. Joseph Anthony Rivera
The Defendant, Joseph Anthony Rivera, was convicted by a Knox County Criminal Court jury of first degree felony murder committed during the attempt to perpetrate a kidnapping, first degree felony murder committed during the attempt to perpetrate a burglary, second degree murder, a Class A felony, especially aggravated burglary, a Class B felony, and aggravated assault, a Class C felony. See T.C.A. §§ 39-13-202(a)(2) (2014) (felony murder), 39-13-210(a) (2014) (second degree murder); 39-14-404 (2014) (especially aggravated burglary), 39-13-102 (2010) (aggravated assault). The trial court merged the felony murder committed during the attempted perpetration of a kidnapping and second degree murder convictions with the felony murder committed during the attempt to perpetrate a burglary conviction and sentenced the Defendant to concurrent terms of life imprisonment for felony murder, ten years for especially aggravated burglary, and five years for aggravated assault. On appeal, the Defendant contends that (1) the evidence is insufficient to support his felony murder convictions, (2) the trial court erred by denying the Defendant's motion to sever, (3) the trial court erred by admitting inadmissible hearsay evidence, (4) the trial court erred by admitting autopsy photograph evidence, (5) the trial court erred by allowing the prosecution to question two witnesses relative to an unrelated homicide, and (6) the prosecutor made improper statements during his closing argument. We affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Brian Allen Cathey
Defendant, Brian Allen Cathey, pled guilty to possession with intent to sell or deliver over one-half ounce of marijuana and to possession with the intent to use drug paraphernalia in exchange for a one-year sentence as a Range I, standard offender with the manner of service of the sentence to be determined by the trial court after a sentencing hearing. The trial court denied alternative sentencing. On appeal Defendant challenges the denial of an alternative sentence. We determine that the trial court did not abuse its discretion. Consequently, the judgments of the trial court are affirmed. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Roderick Williams
Defendant, Roderick Williams, appeals his convictions for assault, aggravated assault, and aggravated criminal trespassing, and his effective sentence of sixteen years as a persistent offender. He argues that (1) the evidence is insufficient to support his convictions; (2) the trial court erred in its determination of his offender classification; and (3) his convictions of assault and aggravated assault should be merged. We affirm the judgments of the trial court and remand for entry of a judgment regarding the charge dismissed before trial. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Charles Wayne Dalton - Concurring
Although I am compelled to agree with the majority’s conclusion affirming the denial of coram nobis relief, I write separately to elaborate on the conundrum the petitioner faces in this case. It is significant to me that the petitioner was convicted by a jury of two counts of especially aggravated kidnapping and two counts of aggravated kidnapping. The State, the defense, and the trial court stipulated that at the time of his guilty plea to other charges and waiver of his right to appeal his jury convictions, the petitioner was not advised that he would be required to register as a sex offender, see T.C.A. § 40-39-211(a), (c), and that the petitioner’s offenses did not involve an element of sex. Despite the parties’ efforts to rectify the inequity of placing the petitioner on the sexual offender registry, because the petitioner’s kidnapping related convictions automatically trigger the Tennessee Sex Offender Registry Act, they were constrained by statute to comply. |
Lincoln | Court of Criminal Appeals | |
In re AAAA Bonding Company, LLC
The appellant, AAAA Bonding Company, LLC, appeals the Rutherford County Circuit Court’s revocation of its authority to write bail bonds. The State concedes that the trial court erred because the evidence failed to show that the owner of the company and his wife, the circuit court clerk, commingled funds and, therefore, that she received an indirect benefit from his ownership of the company to justify the revocation. However, the State requests that we remand the case to the trial court in order for the court to consider additional proof and make additional findings as to whether the court clerk is receiving some other direct or indirect benefit from her husband’s ownership of AAAA Bonding Company, LLC. Based upon the oral arguments, the record, and the parties’ briefs, we reverse the judgment of the trial court but decline to remand the case for further proceedings. Therefore, the judgment of the trial court is vacated. |
Rutherford | Court of Criminal Appeals | |
Dallas Jay Stewart v. State of Tennessee
The Petitioner, Dallas Jay Stewart, appeals from the denial of his petition seeking post-conviction relief from his convictions of rape of a child, aggravated sexual battery, and exhibition of harmful material to a minor. On appeal, the Petitioner contends that the post-conviction court erred by finding that trial counsel was not ineffective by failing to object to testimony that the Petitioner took a polygraph test and by “opening the door” to evidence of an uncharged allegation that the Petitioner committed a sexual offense in Williamson County. The Petitioner further contends that the post-conviction court erred by refusing to grant a continuance to allow the Petitioner additional time to prepare for the post-conviction hearing. Upon review, we affirm the judgment of the post-conviction court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Larry Malone aka Larry Sallis
A Shelby County Criminal Court Jury convicted the appellant, Larry Malone, of theft of property valued $10,000 or more but less than $60,000 and vandalism of property valued $10,000 or more but less than $60,000, Class C felonies. On appeal, the appellant claims that the evidence is insufficient to support the convictions. Based upon the record and the parties' briefs, the appellant's conviction of felony theft is modified to theft of property valued $500 or less, a Class A misdemeanor. The appellant's felony vandalism conviction is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Albert Taylor
The Appellant, Albert Taylor, appeals as of right from the Shelby County Criminal Court’s summary denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. On appeal, the Appellant argues that the trial court erred (1) by determining that, because his sentences had expired, he was not entitled to a motion hearing and (2) by treating his motion as a petition for habeas corpus relief. At first, the State conceded that the trial court erred. We originally determined that, even though the Appellant’s sentences were expired, he had stated a colorable claim and was entitled to a hearing, and therefore, we reversed the judgment of the trial court and remanded the case for further proceedings consistent with Rule 36.1. 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 supreme court’s recent opinion in State v. Brown, 479 S.W.3d 200 (Tenn. 2015). After revisiting the issue, we conclude that the Appellant is not entitled to a hearing because his sentences have long ago expired. As such, we now affirm the trial court’s denial of the Appellant’s Rule 36.1 motion. |
Shelby | Court of Criminal Appeals |
