State of Tennessee v. Corey Euene Huddleston
The Defendant, Corey Eugene Huddleston, pleaded guilty to escape, a Class E felony, and the trial court sentenced the Defendant to four years, suspended to supervised probation. This conviction was ordered to run consecutively to the sentence the Defendant was serving at the time of his escape from the Dickson County Jail. A violation of probation warrant was issued for the Defendant’s arrest based upon multiple violations of probation rules. After a hearing, the trial court revoked the Defendant’s probation sentence and ordered service of the balance of the sentence in confinement. The Defendant appeals, contending that the trial court’s decision to fully revoke his probation sentence was arbitrary. After a thorough review of the record and the applicable law, we affirm the trial court’s judgment. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Tony Samuel
The petitioner, Tony Samuel, filed an untimely notice of appeal of the trial court's denial of his motion to correct an illegal sentence. Following our review, we conclude that the interest of justice does not warrant a waiver of the notice requirement because the petitioner failed to state a colorable claim for relief. Therefore, we dismiss this appeal as untimely. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Shon Q. Blanks
The appellant, Shon Q. Blanks, appeals the Bradley County Criminal Court’s revocation of his probation and the court’s imposition of incarceration instead of granting another alternative sentence. Upon review, we affirm the judgment of the trial court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. David Hugh Crumley
The Defendant, David Hugh Crumley, pled nolo contendere to two counts of vehicular homicide and received an effective eight-year sentence under the terms of the agreement. Thereafter, the trial court denied any form of alternative sentencing based upon the nature and circumstances of the offenses combined with the Defendant's lack of remorse and his past criminal history involving alcohol and drugs. The Defendant appeals, arguing that he is a suitable candidate for alternative sentencing pursuant to the statutory considerations outlined in Tennessee Code Annotated section 40-35-103(1)(A)-(C). Following our review, we discern no abuse of discretion in the trial court's alternative sentencing decision. Accordingly, the judgments are affirmed. |
Claiborne | Court of Criminal Appeals | |
State of Tennessee v. Rafael Grissom
Defendant, Rafael Grissom, pled guilty to burglary, aggravated burglary, and robbery. He was sentenced to two years for the burglary conviction, fifteen years for the aggravated burglary conviction, and fifteen years for the robbery conviction. The trial court ordered Defendant to serve the two-year sentence in incarceration, while the fifteen-year sentences were ordered to be served on Community Corrections consecutively to the sentence for the burglary conviction but concurrently with each other. Defendant received determinate release after serving a portion of his two-year sentence. A violation of probation warrant and a violation of Community Corrections warrant were filed against Defendant. After a hearing, the trial court ordered Defendant to serve the sentences as initially imposed. Defendant has appealed this decision. After our review, we conclude that the trial court did not abuse its discretion. As a result, the judgment of the trial court is affirmed. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Eric James Miller
|
Robertson | Court of Criminal Appeals | |
Michael Eugene Wallace v. State of Tennessee
Petitioner, Michael Eugene Wallace, appeals the denial of his petition for post-conviction relief claiming ineffective assistance of trial counsel. Because Petitioner knew of the statute of limitations when he entered his plea and made a strategic decision not to rely on its protection, he did not receive ineffective assistance. Accordingly, the decision of the post-conviction court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Darryl L. Bryant
The Defendant, Darryl L. Bryant, was indicted for one count of possession of oxycodone with intent to sell or deliver, a Class C felony; and one count of simple possession of marijuana. See Tenn. Code Ann. §§ 39-17-417, -418. Following a jury trial, the Defendant was convicted of the lesser-included offense of facilitation of possession of oxycodone with intent to sell, a Class D felony; and acquitted of the simple possession charge. See Tenn. Code Ann. §§ 39-11-403, -17-417. The trial court sentenced the Defendant to six years as a Range II, multiple offender. In this appeal as of right, the Defendant contends (1) that the trial court erred in denying the Defendant's motion to suppress the evidence against him; (2) that the trial court erred in denying the Defendant's request for a hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978); (3) that the evidence was insufficient to sustain his conviction for facilitation of possession of oxycodone with intent to sell; (4) that the trial court erred in instructing the jury; and (5) that the State committed prosecutorial misconduct.1 Following our review, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Kathy L. Bartlett
A Williamson County grand jury indicted appellee, Kathy L. Bartlett, for driving under the influence of an intoxicant. The charge was dismissed pretrial after the trial court granted appellee’s motion to dismiss. The State appeals the trial court’s granting of the motion and argues that the trial court misapplied the law relating to lost or destroyed evidence. Following a thorough review of the record, we reverse the ruling of the trial court, reinstate the indictment, and remand for further proceedings consistent with this opinion. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Damascus Willingham
The appellant, Damascus Willingham, appeals the Madison County Circuit Court’s denial of his motion to review and modify his sentences. Based upon the record and the parties’ briefs, we dismiss the appeal. |
Madison | Court of Criminal Appeals | |
Paul Stackhouse v. State of Tennessee
A Hamblen County jury convicted the Petitioner, Paul Stackhouse, of aggravated sexual battery, a Class B felony, and the trial court sentenced him to nine years in the Tennessee Department of Correction. The Petitioner appealed, and this Court affirmed the conviction. State v. Paul M. Stackhouse, No. E2010-01972-CCA-R3-CD, 2011 WL 5620925, at *1 (Tenn. Crim. App., at Knoxville, Nov. 18, 2011), perm. app. denied (Tenn. March 7, 2012). Thereafter, the Petitioner filed a petition for post-conviction relief, and, after a hearing, the post-conviction court issued an order denying the petition. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel. After a thorough review of the record and relevant law, we affirm the post-conviction court‘s judgment. |
Hamblen | Court of Criminal Appeals | |
Douglas M. Mathis v. Wayne Carpenter, Warden
The petitioner, Douglas M. Mathis, appeals the summary dismissal of his second petition for writ of habeas corpus. In it, he repeats the claim of his first such petition, that the trial court was without jurisdiction to conduct his trial. Because the petitioner has failed to state a cognizable claim for habeas corpus relief, we affirm the summary dismissal of the petition. |
Davidson | Court of Criminal Appeals | |
Deeric McAfee v. State of Tennessee
The petitioner, Deeric McAfee, filed in the Knox County Criminal Court a petition for post-conviction relief from his convictions of second degree murder and reckless endangerment. The petitioner alleged that his trial counsel was ineffective. The post-conviction court denied the petition, and the petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Angela Ayers
The Defendant, Angela Ayers, was found guilty by a Shelby County Criminal Court jury of voluntary manslaughter, false report, and employing a firearm during the commission of a dangerous felony, Class C felonies. See T.C.A. §§ 39-13-211 (2014), 39-16-502 (2014), 39-17-1324 (2010) (amended 2012). The trial court sentenced the Defendant as a Range I, standard offender to six years for the manslaughter conviction, which was to be suspended to probation after two years’ confinement, to four years for the false report conviction, which was to be suspended to probation after two years’ confinement, and to six years’ confinement at 100% service for the firearm conviction. The court ordered the six-year sentence for the firearm conviction to be served consecutively to the other sentences, for an effective twelveyear sentence. On appeal, the Defendant contends that (1) the evidence is insufficient to support her convictions for voluntary manslaughter and false report, (2) the indictment relative to the firearm conviction is insufficient, (3) the trial court erred by excluding proof of the victim’s abusing the Defendant and her son, (4) the trial court erred relative to expert medical testimony, and (5) the trial court erred by refusing to provide the jury with a selfdefense instruction. We affirm the judgments of the trial court relative to the voluntary manslaughter and false report convictions, but we reverse the judgment, vacate the conviction, and dismiss the charge for employing a firearm during the commission of a dangerous felony. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Frederick Keith
The appellant, Frederick Keith, was convicted in the Knox County Criminal Court of first degree felony murder, and the trial court sentenced him to life. On appeal, the appellant contends that the evidence is insufficient to support the conviction, that the trial court erred by failing to grant his motion to sever his case from that of his co-defendant, and that the State committed prosecutorial misconduct during closing arguments by vouching for the credibility of State witnesses. Based upon the oral arguments, the record, and the parties‟ briefs, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Erica Harris v. State of Tennessee
Petitioner, Erica Harris, filed a petition seeking post-conviction relief from her conviction for the sale and delivery of 0.5 grams or more of cocaine. Petitioner alleges that she received ineffective assistance of counsel. Specifically, she alleges that trial counsel failed to communicate to her a plea offer that had been formally made to prior counsel and that he dissuaded her from testifying on her own behalf at trial. After a hearing, the post-conviction court dismissed her petition. Upon thorough review of the record and applicable authorities, we affirm the decision of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Terry Dale Blevins
The Defendant-Appellant, Terry Dale Blevins, appeals the trial court’s revocation of his probation and reinstatement of his effective eight-year sentence in the Department of Correction. He previously entered guilty pleas to two counts of facilitation of aggravated robbery and was ordered to serve his sentences on enhanced probation. On appeal, Blevins argues that the trial court abused its discretion when it found that he lacked amenability to rehabilitation. Upon our review, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Ralph T. O'Neal v. State of Tennessee
Petitioner, Ralph T. O’Neal, appeals the trial court’s order summarily dismissing his pro se petition for post-conviction, habeas corpus, and error coram nobis relief. We find that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, the judgment of the trial court is affirmed. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Ramone Hunter
The defendant, Ramone Hunter, appeals his Shelby County Criminal Court jury convictions of aggravated robbery and aggravated burglary, claiming that the evidence adduced at trial was insufficient to support his convictions. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Randy Shawn Moore
The Defendant-Appellant, Randy Shawn Moore, entered guilty pleas to two counts of aggravated assault and received an effective sentence of 8 years with the manner of service to be determined by the trial court. On appeal, the Defendant-Appellant argues that the trial court abused its discretion in denying his application for judicial diversion. Upon our review, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Chad M. Nichol
The Defendant, Chad M. Nicol, pleaded guilty to passing a worthless check of more than $500. The trial court sentenced him as a career offender to serve six years in the Tennessee Department of Correction. On appeal, the Defendant contends that the trial court erred when it sentenced him as a career offender. He further contends that the trial court erred when it ordered his sentence to be served consecutively to his sentence for another conviction and when it ordered him to serve his sentence in confinement. After a thorough review of the record and the applicable authorities, we affirm the trial court’s judgment. |
Wilson | Court of Criminal Appeals | |
Philander Butler v. State of Tennessee
The defendant, Philander Butler, appeals the summary dismissal of his Rule 36.1 Motion to Correct an Illegal Sentence. The trial court summarily dismissed the motion, finding that the challenged 1989 and 1990 sentences had expired and that “the intent of Rule 36.1 was not to revive old cases.” On appeal, the defendant argues that the rule states that he may challenge an illegal sentence “at any time.” He also argues that because he erroneously filed his motion in the wrong division of the Criminal Court for Shelby County that the trial court did not have jurisdiction to deny his motion. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Philander Butler v. State of Tennessee-Dissenting
For reasons stated in State v. Kevin M. Thompson, No. E2014-01358-CCA-R3-CD, 2015 WL 1548852 (Tenn. Crim. App. Apr. 1, 2015), and State v. Sean Blake, No. W2014-00856-CCA-R3-CO, 2015 WL 112801 (Tenn. Crim. App. Jan. 8, 2015), I would remand this matter to the trial court for appointment of counsel if the Defendant is indigent and an evidentiary hearing pursuant to Tennessee Rule of Criminal Procedure 36.1. Accordingly, I respectfully dissent. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Nickelle N. Jackson
In 1993, the Defendant, Nickelle N. Jackson, pleaded guilty to three counts of aggravated robbery, one count of unlawful carrying a weapon, one count of theft of property valued between $10,000 and $60,000, and two counts of theft of property valued over $500. In accordance with the plea agreement, the trial court sentenced the Defendant as a Range II, multiple offender, to a total effective sentence of twelve years in confinement. In 2014, the Defendant filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, which the trial court summarily dismissed based upon its finding that the Defendant’s illegal sentence had expired in 2006. On appeal, the Defendant contends that the trial court erred when it dismissed his motion because his sentence contravenes the Tennessee Criminal Sentencing Reform Act of 1989. He explains that the trial court erred when it ordered his sentences to run concurrently because he had been released from jail on bail for some of the offenses when he committed the other offenses, which would require consecutive sentencing. After review, and for the reasons stated below, we reverse the trial court’s judgment and remand the case for appointment of counsel and a hearing on the Defendant’s Rule 36.1 motion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ashley Altman
The defendant, Ashley Altman, appeals her Giles County Circuit Court jury convictions of manufacturing marijuana, possession of a firearm during the commission of a dangerous felony, and possession of drug paraphernalia, claiming that the trial court erred by refusing to suppress evidence obtained during a search of her residence and that the evidence was insufficient to support her conviction of possession of a firearm during the commission of a dangerous felony. We affirm the convictions and sentences but remand for correction of clerical errors in one of the judgments. |
Giles | Court of Criminal Appeals |
