Brice C. Whaley, Jr. v. State of Tennessee
The petitioner, Brice C. Whaley, Jr., appeals the denial of his petition for post-conviction relief from his best interest guilty plea convictions for criminal responsibility for especially aggravated kidnapping and abuse of a corpse. He argues that he received ineffective assistance of counsel. Following our review, we affirm the denial of the petition. |
Hamblen | Court of Criminal Appeals | |
Joshua D. Kruse v. State of Tennessee
The petitioners, Joshua David Kruse and Donald Wayne Bowman, appeal the denial of their petitions for the writ of habeas corpus. They argue that the habeas corpus court erred in dismissing their petitions because their sentences of confinement have expired. After thoroughly reviewing the briefs of the parties, the record, and the applicable law, we conclude that the petitioners' sentences have not expired, and we affirm the judgment of the habeas corpus court. |
Blount | Court of Criminal Appeals | |
Jamie Grimes v. State of Tennessee
The Petitioner, Jamie Grimes, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2009 convictions for possession of more than 300 grams of cocaine with the intent to sell, possession of marijuana, and possession of drug paraphernalia and his effective thirty-year sentence. He contends that his constitutional rights to due process and the effective assistanceof counsel were violated. We affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Ruslan Edward Woodbridge v. State of Tennessee
The Petitioner, Ruslan Edward Woodbridge, appeals the denial of his petition for post-conviction relief for his conviction for rape of a child. The Petitioner previously entered a guilty plea to rape of a child, a Class A felony, and received a sentence of 25 years’ confinement. On appeal, he argues that he received ineffective assistance of counsel in relation to his guilty plea and that his plea was unknowing and involuntary. Upon our review, we affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Charlotte Renee Stanford
The defendant, Charlotte Renee Stanford, was convicted by a Giles County Circuit Court jury of theft of property in an amount of $10,000 or more, a Class C felony; filing a false report, a Class C felony; and conspiracy to commit theft in an amount of $10,000 or more, a Class D felony. The trial court imposed an effective sentence of five years, with one year served in incarceration and four years on supervised probation. On appeal, the defendant challenges the sufficiency of the convicting evidence. After review, we affirm the judgments of the trial court. |
Giles | Court of Criminal Appeals | |
Anthony Williams v. State of Tennessee
Petitioner, Anthony Williams, was convicted of first degree murder and especially aggravated robbery and sentenced to an effective sentence of life in prison. State v. Anthony Williams, No. W2012-00014-CCA-R3-CD, 2012 WL 5355706, at *4 (Tenn. Crim. App. Oct. 31, 2012). Petitioner now alleges that his trial counsel was ineffective for: (1) failing to test the victim's jacket for soot and gunpowder; (2) failing to inquire into a deal that was struck between the State and a witness; (3) failing to object to the trial court's giving a jury instruction on flight; (4) failing to show petitioner a video recording prior to trial; and (5) failing to impeach a witness. Following our review of the parties' briefs, the record, and the applicable law, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
James Dellinger v.State of Tennessee
The Petitioner, James Dellinger, appeals from the trial court‘s denial of his petition for a writ of error coram nobis, his petition for a writ of audita querela, his motion for a declaratory judgment, his claims pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and his claims under the due process, law of the land, and open courts provisions of the United States and Tennessee Constitutions. The Petitioner seeks relief from his conviction for first degree murder and his resulting death sentence, claiming that he is ineligible for the death penalty because he is intellectually disabled and that his conviction violates principles of double jeopardy. We affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
Christopher Lance Osteen v. State of Tennessee
The Petitioner, Christopher Lance Osteen, appeals the Madison County Circuit Court‟s dismissal of his pro se petition for post-conviction relief. On appeal, the Petitioner contends that the post-conviction court erred by summarily dismissing the petition for failing to state a colorable claim without first appointing counsel to “perfect” the petition. Based upon the record and the parties' briefs, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
Darell Ayers v. State of Tennessee
In 2013, the Petitioner, Darell Ayers, pleaded guilty to vehicle burglary, theft of property under $500, identity theft, and shoplifting. The Petitioner was sentenced to four years on community corrections. Subsequently, the trial court issued a warrant alleging that the Petitioner violated his community corrections sentence by being arrested for aggravated robbery and for failing to report this arrest to his community corrections officer. After a hearing, the trial court revoked the Defendant's community corrections sentence. In 2014, the Petitioner was acquitted of the aggravated burglary charge. The Petitioner then filed a petition for a writ of error coram nobis, claiming that, had the evidence presented at the 2014 trial been made available to him at the revocation hearing, a different judgment would have been reached. After a hearing, the coram nobis court found that error coram nobis relief was not available to challenge the revocation of probation pursuant to Frederick Parks v. State, No. W2013-01601-CCA-R3-ECN, 2014 WL 1767107 (Tenn. Crim. App., at Jackson, April 30, 2014). On appeal, the Petitioner asserts that the coram nobis court erred when it dismissed his petition. After a thorough review of the record and applicable law, we affirm the coram nobis court's judgment. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Anthony Bayman
A Shelby County jury convicted the Defendant, Anthony Bayman, of second degree murder, and the trial court sentenced him to thirty-two years in the Tennessee Department of Correction. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction because the evidence supported a conviction for the lesser-included offense of voluntary manslaughter rather than second degree murder. After a thorough review of the record and applicable authorities, we affirm the trial court's judgment. |
Shelby | Court of Criminal Appeals | |
Omar Alejandro Garcia v. State of Tennessee
Omar Alejandro Garcia (“the Petitioner”) filed a petition for post-conviction relief alleging that he received ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. Upon review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Timothy Guilfoy v. State of Tennessee
The Petitioner, Timothy Guilfoy, appeals from the denial of his petition for post-conviction relief. On appeal, the Petitioner argues that he received ineffective assistance of counsel. Upon review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Thomas L. Cope
Following a bench trial, the defendant, Thomas L. Cope, was convicted of reckless aggravated assault, reckless endangerment with a deadly weapon, violation of the open container law, and failure to yield the right of way. The reckless endangerment conviction was merged into the aggravated assault conviction, for which the defendant was sentenced to three years at 30% and a concurrent sentence of thirty days for failure to yield the right of way. The effective three-year sentence was ordered to be served by split confinement with 210 days’ incarceration with the balance of the sentence served on supervised probation. He was fined $50 for violation of the open container law, with the same punishment for his conviction for failure to yield. On appeal, the defendant argues that the evidence is insufficient to sustain his conviction for reckless aggravated assault. Following our review, we affirm the judgments of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Shanta Stinson
The Defendant, Shanta Stinson, pleaded guilty to aggravated burglary, a Class C felony, theft of property valued at $1000 or more but less than $10,000, a Class D felony, identity theft, a Class D felony, two counts of theft of property valued at more than $500 but less than $1000, Class E felonies, two counts of vandalism, Class A misdemeanors, and illegal possession of a credit card, a Class A misdemeanor. See T.C.A. §§ 39-14-403 (2014) (aggravated burglary), 39-14-103 (2014) (theft of property), 39-14-146 (2014) (theft of merchandise), 39-14-105 (2014) (grading of theft/vandalism), 39-14-150 (Supp. 2011) (amended 2013, 2014) (identity theft), 39-14-408 (2014) (vandalism), 39-14-118 (2014) (illegal possession of a credit card). The trial court sentenced the Defendant as a Range I, standard offender to concurrent terms of five years for aggravated burglary, three years for theft of property valued at $1000 or more, two years for identity theft, and two years for each theft of property valued at more than $500. The trial court also sentenced the Defendant to two concurrent terms of eleven months, twenty-nine days for each vandalism and illegal possession of a credit card conviction, for an effective five-year sentence. The court ordered the Defendant to serve eleven months, twenty-nine days at 75% service for the vandalism convictions and to serve her other sentences on probation. On appeal, the Defendant contends that the trial court erred by denying her request for alternative sentencing relative to her vandalism convictions and ordering her to serve the sentences in confinement.
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Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Frederick J. Schmitz, Jr.
The defendant, Frederick J. Schmitz, Jr., appeals his Dickson County Circuit Court jury conviction of driving without a license, for which he received a sentence of 30 days’ probation. In this appeal, the defendant argues that the trial court lacked jurisdiction to impose the conviction, that Tennessee Code Annotated section 55-50-301 is unconstitutional, and that various procedural errors occurred attendant to his conviction. Discerning no error, we affirm. |
Dickson | Court of Criminal Appeals | |
Demance M. Beasley v. State of Tennessee
The petitioner, Demance M. Beasley, appeals from the denial of his petition for post-conviction relief, which challenged his Davidson County Criminal Court jury convictions of felony murder, aggravated assault, and possession with intent to sell .5 grams or more of cocaine. Discerning no error, we affirm the denial of post-conviction relief. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael Charles Lugiai
The defendant, Michael Charles Lugiai, appeals his Davidson County Criminal Court jury conviction of aggravated robbery, contending that the trial court erred by refusing to suppress the statements he made to law enforcement officers. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
David Scott Kruse v. State of Tennessee
Convicted of first degree murder and sentenced to life in prison, petitioner, David Scott Kruse, has filed his third petition for post-conviction relief. The post-conviction court summarily dismissed the petition as being time-barred. Upon our review, we affirm the judgment of the post-conviction court. |
Trousdale | Court of Criminal Appeals | |
State of Tennessee v. Chyanne Elizabeth Gobble
Defendant, Chyanne Elizabeth Gobble, pled guilty to leaving the scene of an accident involving a death. The trial court denied judicial diversion and sentenced Defendant to two years' incarceration, suspending all but thirty days to supervised probation. On appeal, Defendant argues that the trial court erred in denying judicial diversion. We hold that the trial court committed an abuse of discretion in placing undue weight on an irrelevant factor. Upon our de novo review of the record, we reverse the judgment of the trial court and remand the case for entry of an order placing Defendant on diversion for a period of four years in accordance with Tennessee Code Annotated section 40-35-313. |
Carter | Court of Criminal Appeals | |
State of Tennessee v. Rodney Bryant
Appellant, Rodney Bryant, was convicted of carjacking and sentenced to twelve years in the Tennessee Department of Correction. On appeal, he argues that the evidence was insufficient to support his conviction. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Brian Brawner v. State of Tennessee
Petitioner, Brian Brawner, was convicted of aggravated assault, especially aggravated kidnapping, and facilitation of attempted first degree murder. The trial court merged his aggravated assault conviction into his conviction for facilitation of attempted first degree murder and sentenced him to an effective term of thirty years. Following an unsuccessful direct appeal and pursuit of post-conviction relief, petitioner filed the instant petition for a writ of habeas corpus. The habeas corpus court summarily dismissed the petition for failure to comply with the filing requirements and failure to state a basis for relief. Upon our review, we affirm the judgment of the habeas corpus court. |
Lauderdale | Court of Criminal Appeals | |
Patrick Trawick v. State of Tennessee
Petitioner, Patrick Trawick, was convicted of first degree murder and two counts of aggravated assault and was sentenced to life in prison without the possibility of parole plus six years. After denial of his direct appeal and his petition for post-conviction relief, he filed the instant petition for writ of error coram nobis alleging that an eyewitness’s recanting of his identification of petitioner constituted newly discovered evidence that entitled him to relief. The coram nobis court dismissed the petition, and this appeal follows. Upon review, we affirm the judgment of the coram nobis court. |
Shelby | Court of Criminal Appeals | |
Kevin LaMont Buford, Sr. v. State of Tennessee
The Petitioner, Kevin LaMont Buford, Sr., appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2010 convictions for facilitation to commit felony murder and attempt to commit especially aggravated robbery and his effective sixty-year sentence. The Petitioner contends that he received the ineffective assistance of counsel and that the post-conviction court erred by denying him relief. We affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Marcus Terrell Church v. State of Tennessee
The petitioner, Marcus Terrell Church, appeals the denial of post-conviction relief from his 2011 Davidson County Criminal Court jury convictions of aggravated robbery and especially aggravated kidnapping, claiming that he was denied the effective assistance of counsel. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Bobby Lee Allen Robinette
The defendant, Bobby Lee Allen Robinette, pled guilty pursuant to a plea agreement to one count of robbery, a Class C felony, and four counts of the theft of $1,000 or more but less than $10,000, Class D felonies. The defendant received an effective sentence of twenty-three years. Thirty-one days after the entry of the judgment, the defendant filed a motion to set aside his pleas, which the trial court denied. The defendant appeals, arguing that his guilty pleas were not entered voluntarily based on the State‟s failure to file a notice that he would be sentenced outside Range I, based on the assertion that he was sentenced outside his Range in one conviction, and based on certain omissions from the inquiry required under Rule 11 of the Tennessee Rules of Criminal Procedure. After a thorough review of the record, we conclude that the defendant‟s motion was timely because the judgment forms do not bear a “file-stamp” date indicating when they were filed with the clerk. Because the trial court did not abuse its discretion in denying the motion to withdraw the guilty pleas, we affirm the judgment of the trial court. |
Roane | Court of Criminal Appeals |
