State of Tennessee v. Samuel L. Giddens
The appellant, Samuel L. Giddens, filed in the Williamson County Circuit Court a motion to correct his sentences pursuant to Tennessee Rule of Criminal Procedure 36.1, alleging that his sentences were illegal because he had not received mandatory pretrial jail credits. The motion was summarily denied, and the appellant appeals this ruling. Upon review, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
Antwon Cook v. State of Tennessee
The petitioner, Antwon Cook, appeals the dismissal of his petition for post-conviction relief. The post-conviction court found that the appeal was filed beyond the one-year statute of limitations and that due process did not necessitate an equitable tolling of the statute of limitations. On appeal, the petitioner contends that equitable tolling is warranted because his plea agreement that allowed for concurrent service of a state and federal sentence is not being honored. Upon our review, we affirm the judgment of the post-conviction court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Donald Ray Williams
A Putnam County jury convicted the Defendant-Appellant, Donald Ray Williams, of attempted second degree murder, a Class B felony; especially aggravated robbery, a Class A felony; and especially aggravated kidnapping, a Class A felony. The trial court sentenced the Defendant to ten years at thirty percent release eligibility for the attempted second degree murder conviction, twenty years at one hundred percent release eligibility for the especially aggravated robbery conviction, and twenty years at one hundred percent release eligibility for the especially aggravated kidnapping conviction. The trial court ordered the twenty-year sentences to be served consecutively to one another and concurrently with the ten-year sentence, for an effective forty-year sentence in the Department of Correction. The sole issue presented for our review is whether the trial court erred in sentencing the Defendant. Upon review, we affirm the judgments of the trial court. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Christopher Dewayne Henson
The Defendant-Appellant, Christopher Dewayne Henson, was convicted by a Maury County jury of reckless endangerment. The trial court sentenced the Defendant to 11 months and 29 days and ordered that he serve 45 days in confinement, with the remainder of his sentence to be served on supervised probation. On appeal, the Defendant argues that (1) the evidence is insufficient to sustain his conviction; (2) the trial court erred in admitting color photographs of the victim’s injuries; and (3) the trial court abused its discretion in sentencing the Defendant. Discerning no error, we affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Phillip W. Kelley
The Petitioner, Phillip Wayne Kelley, appeals the denial of his motion to vacate his convictions by the Circuit Court for Maury County. On appeal, the Petitioner argues that the trial court erred in denying his motion to vacate his convictions because the trial court did not have jurisdiction to convict and sentence him. Upon our review, we affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals | |
Jackie D. Seymore v. State of Tennessee
The Petitioner, Jackie D. Seymore, appeals the post-conviction court’s denial of relief from his convictions for rape of a child. On appeal, he argues that he received ineffective assistance of counsel. Upon review, we affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
Gene Earl Stanley v. State of Tennessee
The petitioner, Gene Earl Stanley, appeals from the denial of his petition for post-conviction relief from his Sumner County Criminal Court jury convictions of one count of burglary, two counts of theft of property, felony evading arrest, reckless endangerment, driving under the influence of an intoxicant, and driving on a suspended license, claiming that he was denied the effective assistance of counsel. Because the petitioner failed to establish by clear and convincing evidence facts that would support a conclusion that he was prejudiced by his counsel’s deficient performance, we affirm the judgment of the post-conviction court. |
Sumner | Court of Criminal Appeals | |
Sylvia Laird v. State of Tennessee
Petitioner, Sylvia Laird, appeals the denial of her petition for post-conviction relief. She claims that she received ineffective assistance of counsel when she was erroneously informed that she could not file a motion to withdraw her guilty plea before sentencing. Consequently, Petitioner argues that a subsequent guilty plea agreement that determined her sentence was unconstitutional because it was entered unknowingly, involuntarily, and unintelligently. After a careful review of the record, the parties’ briefs, and the applicable law, we conclude that Petitioner has proven that she is entitled to post-conviction relief and, therefore, reverse the decision of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Patricia Smith
Appellant, Patricia Smith, was convicted of aggravated burglary, a Class C felony, and the trial court sentenced her to three years, suspended to probation after forty-five days in confinement. On appeal, appellant argues that there was insufficient evidence to support her conviction. Following our review of the parties' briefs, the record, and the applicable law, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joseph Cordell Brewer, III
The defendant, Joseph Cordell Brewer, III, was convicted of theft of property of $10,000 or more but less than $60,000, a Class C felony; evading arrest, a Class D felony; and evading arrest, a Class A misdemeanor. The trial court sentenced the defendant as a Range III, persistent offender to serve twelve years for the theft of property conviction, twelve years as a Range IV, career offender for the felony evading arrest conviction, and eleven months and twenty-nine days for the misdemeanor evading arrest conviction. The trial court ordered the sentences to be served concurrently to each other but consecutively to a prior sentence because the offenses were committed while the defendant was on parole. On appeal, the defendant argues that the evidence is insufficient to sustain his convictions for theft of property and Class D felony evading arrest. He also argues that the trial court improperly classified him as a persistent and career offender. After our review of the briefs, the record, and the applicable law, we conclude that the evidence is sufficient to sustain the defendant's conviction for theft of property but that his conviction for Class D felony evading arrest should be reduced to Class E felony evading arrest. Further, we conclude that the trial court properly sentenced the defendant as a persistent and career offender, but we remand the case for resentencing on the Class E felony. |
Obion | Court of Criminal Appeals | |
David Edward Niles v. State of Tennessee
Petitioner, David Edward Niles, was indicted for, and ultimately convicted of, first degree murder in Bedford County. State v. David Edward Niles, No. M2011-01412-CCA-R3-CD, 2012 WL 1965438, at *1 (Tenn. Crim. App. Jun. 1, 2012), perm. app. denied (Tenn. Oct. 17, 2012). His direct appeal was unsuccessful. Id. He subsequently sought post-conviction relief on the basis of ineffective assistance of counsel. After a hearing, the petition was dismissed. On appeal, Petitioner insists that the post-conviction court improperly dismissed the petition for relief and that he received ineffective assistance of post-conviction counsel. After a review, we determine that Petitioner failed to establish that he received ineffective assistance of counsel at trial. Further, we determine that Petitioner is not entitled to challenge the effectiveness of post-conviction counsel. Consequently, the judgment of the post-conviction court is affirmed. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Torrie D. Carter
The defendant, Torrie D. Carter, appeals the summary dismissal of his motion filed pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure to correct an illegal sentence. Discerning no error, we affirm the summary dismissal of his motion. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Anthen Lee Parker
Pursuant to Rule 37(b) of the Tennessee Rules of Criminal Procedure, the defendant, Anthen Lee Parker, who entered pleas of guilty in two separate cases to driving after having been declared a motor vehicle habitual offender, appeals a certified question of law related to the validity of an earlier judgment declaring him a motor vehicle habitual offender. Discerning no error, we affirm. |
Henderson | Court of Criminal Appeals | |
Vernon Lavone Roberts v. State of Tennessee
Vernon Lavone Roberts (“the Petitioner”) appeals from the dismissal of his petition for post-conviction relief. On appeal, the Petitioner argues that he received ineffective assistance of counsel. Upon review, we conclude that the Petitioner’s claim was previously determined by this Court on direct appeal. Consequently, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Deborah B. Bowes
The appellant, Deborah B. Bowes, pled guilty in the Sullivan County Criminal Court to one count of filing a false report, for which she received a sentence of eight years. On appeal, the appellant challenges the trial court’s denial of alternative sentencing. Upon review, we affirm the judgment of the trial court.
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Sullivan | Court of Criminal Appeals | |
Harry Joseph Chase v. State of Tennessee
The Petitioner, Harry Joseph Chase, appeals as of right from the Greene County Criminal Court’s denial of his petition for post-conviction relief. In this appeal, the Petitioner asserts that he received ineffective assistance of counsel because lead trial counsel was not present when he pled guilty, did not review the Petitioner’s discovery with him, and did not fully discuss a possible self-defense claim with the Petitioner. Following our review, we conclude that the record supports the post-conviction court’s conclusion that the Petitioner received the effective assistance of counsel, and we therefore affirm the judgment of the post-conviction court. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Antonio Williams aka Antwoin Williams
Appellant, Antonio Williams a.k.a. Antwoin Williams, pleaded guilty to selling a controlled substance and received a suspended three-year sentence with eighteen months on probation. Appellant’s probation officer issued a probation violation warrant before appellant had completed his eighteen months on probation. While the warrant was pending, appellant received four additional charges and subsequently pleaded guilty to the violation of probation and the four additional charges, receiving concurrent sentencing. Appellant later filed a Motion to Correct Illegal Sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, which the trial court summarily dismissed. On appeal, appellant argues he stated a colorable claim in his motion because the trial court erroneously imposed concurrent sentencing and the trial court failed to make proper findings during sentencing. Following our review of the parties’ briefs, the record, and the applicable law, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. George Robert Hamby
Appellant, George Robert Hamby, was convicted of aggravated robbery, a Class B felony. The trial court sentenced appellant as a Range II offender to twelve years in confinement. On appeal, appellant argues that: (1) the trial court erred in not accepting a negotiated guilty plea; (2) the trial court erred in denying appellant’s motion for judgment of acquittal; (3) the evidence was insufficient to support his conviction; and (4) the trial court erred in sentencing. Following our review of the evidence and the applicable law, we affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals | |
David Wayne Britt v. Debra Johnson, Warden
The Petitioner, David Wayne Britt, appeals the Circuit Court of Hardeman County‘s denial of his third petition for writ of habeas corpus. The State has filed a motion requesting that this Court affirm the trial court‘s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State‘s motion and affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
Terry Lynn King v. State of Tennessee
The Petitioner, Terry Lynn King, appeals the Knox County Criminal Court’s denial of his petition for a writ of error coram nobis regarding his convictions for felony murder, for which he was sentenced to death, and for armed robbery, for which he is serving 125 years. The coram nobis court dismissed the petition because it was untimely and because due process did not require tolling the one-year statute of limitations. On appeal, the Petitioner contends that the court erred by dismissing the petition. We affirm the judgment of the coram nobis court.
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Knox | Court of Criminal Appeals | |
Alejandro Neave Vasquez v. State of Tennessee
Petitioner, Alejandro Neave Vasquez, was convicted by a jury of conspiracy to deliver 300 grams or more of cocaine in a drug-free school zone and possession with intent to deliver 300 grams or more of cocaine in a drug-free school zone. He received concurrent twenty-year sentences for each count, for a total effective sentence of twenty years in the Tennessee Department of Correction. Petitioner filed a petition for post-conviction relief alleging that he received the ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. On appeal, petitioner argues that he received the ineffective assistance of counsel because trial counsel: (1) failed to utilize an interpreter during all meetings and at trial; (2) advised petitioner not to testify; and (3) failed to adequately explain the school-zone enhancement. Following our review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Deanty Montgomery
The Defendant, Deanty Montgomery, appeals as of right from his jury convictions for aggravated assault, unlawful possession of a weapon, and misdemeanor reckless endangerment, which resulted in an effective five-year sentence. On appeal, the Defendant raises the following issues for our review: (1) whether the trial court properly permitted the State‘s argument that the Defendant was engaged in unlawful activity and was, therefore, not excused from the duty to retreat under a theory of self-defense; (2) whether the trial court committed error during jury deliberations in its response to a question from the jury about a person‘s duty to retreat when engaged in an unlawful activity; and (3) whether the evidence is sufficient to support his convictions. Following our review, we affirm the trial court‘s judgments. |
Knox | Court of Criminal Appeals | |
Douglas Wayne Young v. State of Tennessee
The petitioner, Douglas Wayne Young, appeals the denial of post-conviction relief from his 2009 Sullivan County Criminal Court jury convictions of aggravated burglary, aggravated assault, especially aggravated kidnapping, and four counts of aggravated rape, claiming that the post-convction court abused its discretion by denying his motion for a continuance and that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm. |
Sullivan | Court of Criminal Appeals | |
James Randall Roskam v. State of Tennessee
Petitioner, James Roskam, appeals from the post-conviction court’s denial of his petition for post-conviction relief. Petitioner was convicted of aggravated robbery and was sentenced to twenty years in confinement as a Range II multiple offender. Petitioner challenged his conviction on appeal, and a panel of this court affirmed the judgment of the trial court. State v. James Randall Roskam, No. M2011-02071-CCA-R3-CD, 2012 WL 3611749 (Tenn. Crim. App., Aug. 20, 2012), perm. app. denied (Tenn., Nov. 26, 2012). On appeal, Petitioner contends that his trial counsel was ineffective for failing to request a mistrial, failing to investigate whether exculpatory video evidence existed, failing to acquire 911 recordings, and failing to communicate with Petitioner during voir dire. After a careful review of the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Justin Dewayne Rogers v. State of Tennessee
A Tipton County jury convicted the Petitioner, Justin DeWayne Rogers, of rape of a child, a Class A felony, and the trial court sentenced him to twenty-five years in the Department of Correction. The Petitioner appealed and this Court affirmed the conviction. State v. Justin DeWayne Rogers, No. W2009-00982-CCA-R3-CD, 2010 WL 4812776, at *1 (Tenn. Crim. App., at Jackson, Nov. 19, 2010). Thereafter, the Petitioner filed a petition for post-conviction relief, and after a hearing, the post-conviction court issued an order dismissing 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. |
Tipton | Court of Criminal Appeals |
