State of Tennessee v. Michael L. Hufford
In his first trial, appellant, Michael L. Hufford, was convicted of eleven counts of harassment involving two victims. He was convicted in a second trial of driving with a suspended or revoked license, possession of marijuana, and possession of drug paraphernalia. Appellant represented himself during the first trial. However, on the morning of the second trial, he indicated a desire to have the trial continued so he could retain counsel. The trial court assented but conditioned the continuance upon raising appellant’s bond. Appellant withdrew his request for a continuance, proceeded to trial, and was found guilty on all counts. The trial court imposed an effective sentence of seven consecutive terms of eleven months, twentynine days at seventy-five percent release eligibility with three terms to serve and four to be suspended to probation. Appellant raises the following issues in this direct appeal: (1) whether appellant’s waiver of his right to counsel was valid; (2) whether the trial court prohibited appellant from presenting legal issues to the jury; (3) whether the evidence was sufficient to sustain appellant’s convictions for harassment; and (4) whether the trial court erred in sentencing him. Following our review, we affirm the judgments and sentences for the eleven counts of harassment for which he is incarcerated. However, because appellant’s right to counsel was violated in the second trial, we must reverse appellant’s convictions for driving with a suspended or revoked license, possession of marijuana, and possession of drug paraphernalia and remand for proceedings consistent with this opinion. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee V. Jose Lemanuel Hall, Jr.
The defendant, Jose Lemanual Hall, Jr., was convicted of first degree murder and especially aggravated robbery. He received an effective sentence of life imprisonment with the possibility of parole. On appeal, he challenges the sufficiency of the convicting evidence. Within that general challenge, he specifically contends that he was convicted solely on the uncorroborated testimony of an accomplice and an uncorroborated confession he made to a fellow inmate. Following review, we conclude that both were sufficiently corroborated and properly considered in the sufficiency determination. We further conclude that the evidence presented at trial was more than sufficient to support the conviction. As such, we affirm. However, we remand for entry of corrected judgments of conviction reflecting the appropriate merger of the two murder convictions. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Joseph Anthony Saitta, Jr.
Warren County Circuit Court Jury convicted the appellant, Joseph Anthony Saitta, Jr., of rape of a child, and the trial court sentenced him to fifty-eight years in confinement to be served at 100%. On appeal, the appellant claims that the trial court erred by denying his motion to suppress evidence when an investigator from the Our Kids Center had been improperly informed that the appellant had a prior juvenile adjudication for a sexual offense and that the evidence is insufficient to support the conviction. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Mark Elihu Cooper
Pursuant to a plea agreement, the Defendant, Mark Elihu Cooper, pled guilty to sexual battery by an authority figure, statutory rape by an authority figure, incest, and rape, and the trial court imposed an effective eighteen-year sentence for those convictions. In this appeal as of right, he contends that the trial court erred by enhancing his sentences above the range minimums “without the support of a single enhancement factor.” He also argues that consecutive sentencing was improper due to the absence of proof of “residual[] physical and mental damage” to the victim presented at the sentencing hearing. Finally, he submits that the trial court used an “inappropriate consideration[,]” specifically, an ex parte communication with the police chief, in rendering its decisions in both of these regards. Following our review, we affirm the trial court’s imposition of an eighteen-year sentence. |
Weakley | Court of Criminal Appeals | |
State of Tennessee v. Dominique Davon Holmes
The Defendant-Appellant, Dominique Davon Holmes, entered guilty pleas to aggravated burglary, robbery, aggravated criminal trespass, and two counts of assault. Pursuant to the plea agreement, he received an effective five-year sentence with the manner of service to be determined by the trial court. After the sentencing hearing, the trial court ordered the Defendant to serve his five-year sentence in the Tennessee Department of Correction. On appeal, he argues that the trial court abused its discretion in denying him an alternative sentence. Upon review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Steven Davis
The defendant, Steven Davis, was convicted of especially aggravated robbery, aggravated robbery, and aggravated burglary. He is currently serving an effective twenty-six year sentence in the Department of Correction. On appeal, the defendant contends that the trial court erred by failing to suppress statements he made to police while in custody. Following review of the record, we conclude that the defendant has waived review of that issue by failing to provide an adequate record to establish that he adequately raised the issue before the trial court. The judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
Barry L. Price v. State of Tennessee
The petitioner, Barry L. Price, appeals the denial of his petition for the writ of error coram nobis. In 1991, the petitioner pled guilty to three counts of the sale of cocaine, one count of driving on a revoked license, and one count of obtaining money by false pretenses. Adopting the State’s recommendation, the trial court imposed an effective ten-year sentence. In 2013, the petitioner filed a petition for the writ of error coram nobis alleging that his sentence was unlawfully imposed because the trial court did not engage in the appropriate sentencing colloquy or make appropriate sentencing findings. The coram nobis court denied the petition finding that it was time-barred and failed to raise issues cognizable in a coram nobis petition. The petitioner contends that the denial was error. Following review of the record and applicable law, we affirm the judgment of the coram nobis court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Devon Brown
A Shelby County Jury returned an indictment against Defendant, Devon Brown, Defendant’s brother, Kenneth Brown, and David Richardson, charging them with first degree premeditated murder, thirteen counts of attempted first degree murder, thirteen counts of aggravated assault, one count of employing a firearm during the commission of a dangerous felony, and one count of reckless endangerment. Orders of dismissal were entered as to one count of attempted first degree murder and one count of aggravated assault. He was convicted of the lesser-included offense of facilitation of employing a firearm during the commission of a dangerous felony. He was convicted as charged of the remaining offenses. The trial court imposed a sentence of life imprisonment for first degree murder and imposed a mid-range sentence for each of the remaining convictions. The court merged the convictions for aggravated assault into the convictions for attempted first degree murder. The trial court further found Defendant to be a dangerous offender and ordered all sentences to run consecutively for an effective sentence of life plus two-hundred and forty-four years in confinement. On appeal, Defendant argues: (1) that the trial court erred in denying the motion to suppress his statement; (2) that the evidence was insufficient to support his convictions for first degree murder and the attempted first degree murder and aggravated assault of Kenneth Baker and Chymia Baker; and (3) that the trial court improperly sentenced him by ordering his sentences to be served consecutively. After a thorough review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Morris Marsh
The Defendant, Morris Marsh, was convicted by a jury of first degree premeditated murder and sentenced to life imprisonment with the possibility of parole. See Tenn. Code Ann. § 39-13-202. In this appeal as of right, the Defendant contends (1) that the trial court erred in denying the Defendant’s motion to suppress his statement given to an investigator; (2) that the trial court erred in denying the Defendant’s motion to dismiss the presentment against him; (3) that the trial court erred in denying the Defendant’s pro se motion to remove his appointed trial counsel; (4) that the State failed to disclose an incriminating statement made by the Defendant to a witness; (5) that the trial court erred in admitting audio recordings of prison phone calls made by the Defendant; (6) that the trial court erred in admitting an autopsy photograph of the victim; (7) that the trial court erred in determining that a witness was unavailable and allowing the witness’s preliminary hearing testimony to be presented at trial; (8) that the evidence was insufficient to sustain the Defendant’s conviction; and (9) that the State committed prosecutorial misconduct during its closing argument. 1 Following our review, we affirm the judgment of the trial court. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Mark Lipton
The Defendant, Mark Lipton, was convicted by a Sevier County jury of aggravated assault and received a five-year sentence. On appeal, the Defendant raises the following issues for our review: (1) whether the evidence was sufficient to support his conviction, citing to the inconsistencies in witnesses’ testimony and to the “physical facts rule”; (2) whether the trial court erred in the admission of improper character evidence, alleging both procedural and substantive errors in that ruling; and (3) whether the trial court properly denied his petition for error coram nobis relief by concluding that the new witness’s testimony was not credible.1 After reviewing the record and applicable authorities, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
James Alfred Reed, Jr. v. State of Tennessee
A Monroe County jury convicted the Petitioner, James Alfred Reed, Jr., of one count of the sale of one-half gram or more of cocaine within 1000 feet of a school and one count of the sale of less than one-half gram of cocaine within 1000 feet of a school. The trial court sentenced him as a Range II, multiple offender and ordered the Petitioner to serve an effective sentence of forty years. The Petitioner appealed, and this Court affirmed the judgments of the trial court. State v. James Alfred Reed, Jr., No. E2010-01138-CCA-R3-CD, 2011 WL 2766766, at *5 (Tenn. Crim. App., at Knoxville, July 18, 2011), perm. app. denied (Tenn. Dec. 13, 2011). The Petitioner subsequently filed a petition for post-conviction relief in which he alleged that his trial counsel was ineffective for failing to file a motion to compel the State to disclose its confidential informant at trial and that his Momon hearing was improperly conducted. The post-conviction court dismissed the petition after a hearing. After a thorough review of the record and applicable law, we affirm the post-conviction court’s judgment. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. James Cody Burnett
The Defendant, James Cody Burnett, pleaded guilty to one count of vehicular homicide by intoxication with an agreed sentence of eight years and the manner of the service of the sentence to be determined by the trial court. After a hearing, the trial court ordered the Defendant to serve his sentence in confinement. The Defendant filed a Rule 35 motion to reduce his sentence, which the trial court denied. The Defendant filed an appeal of both the trial court’s sentence of confinement and its denial of his Rule 35 motion to reduce his sentence. We consolidated those two appeals. After a thorough review of the record and applicable authorities, we affirm the trial court’s sentencing of the Defendant and its denial of his motion to reduce his sentence. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Steven Gregg Barker
Appellant, Steven Gregg Barker, pleaded guilty to 23 counts of the initiation of the process to manufacture methamphetamine and received an eight year sentence, suspended to supervised probation. As a condition of the plea agreement, appellant reserved the right to certify three questions of law challenging the trial court's denial of a |
Bradley | Court of Criminal Appeals | |
State of Tennesee v. Troy James Keith Reynolds
The defendant, Troy James Keith Reynolds, appeals his Blount County Circuit Court jury convictions of burglary, theft, and possession of burglary tools, claiming that the evidence was insufficient to support his convictions. Because the judgment in count two erroneously reflects a conviction of Class C felony theft, we remand that judgment to the trial court for entry of a corrected judgment reflecting a conviction of Class D felony theft. In addition, we remand for correction of other clerical errors in the judgments. In all other respects, the judgments of the trial court are affirmed. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. James Chesteen
A Shelby County Criminal Court Jury convicted the appellant, James Chesteen, of rape of a child, and the trial court imposed a sentence of twenty-five years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his conviction and the trial court’s decision to admit a photograph of the victim taken by a nurse practitioner at the Our Kids Center. Upon review, we conclude that the evidence is sufficient but that the trial court’s admission of the photograph was reversible error. Accordingly, the appellant’s conviction and sentence are reversed, and the case is remanded for a new trial. |
Shelby | Court of Criminal Appeals | |
Robert Faulkner v. State of Tennessee
The Petitioner, Robert Faulkner, appeals the denial of his petition for post-conviction relief from his conviction of first degree premeditated murder and resulting sentence of death. On appeal, the Petitioner contends that (1) the jury foreperson demonstrated bias and violated the Petitioner’s right to a fair and impartial jury; (2) he is intellectually disabled and, thus, ineligible for the death penalty; (3) he received the ineffective assistance of counsel during the guilt and penalty phases of trial; (4) the prosecution failed to disclose exculpatory evidence; (5) the prosecution presented false and misleading testimony; (6) the trial court demonstrated bias; (7) the “acquittal-first instruction” violated his due process rights; (8) Tennessee’s death penalty scheme is unconstitutional; and (9) cumulative error warrants a new trial. We conclude that due to the jury foreperson’s false statements about past domestic violence, the Petitioner was denied his constitutional right to a fair and impartial jury. Accordingly, we reverse the judgment of the post-conviction court, vacate the Petitioner’s conviction and death sentence, and remand the case to the trial court for a new trial. |
Shelby | Court of Criminal Appeals | |
Justin Michael Nunnery v. State of Tennessee
Petitioner, Justin Michael Nunnery, appeals the dismissal of his pro se petition for post-conviction relief. The trial court summarily dismissed the petition on the basis that it failed to state a colorable claim. On appeal, Petitioner argues that the trial court erred in dismissing his petition without holding an evidentiary hearing. The State concedes that the trial court erred in summarily dismissing the petition because if Petitioner’s claims are true, they would entitle him to post-conviction relief. Following a review of the record, we agree and accordingly reverse the order of dismissal and remand this case to the post-conviction court for an evidentiary hearing pursuant to all provisions of Tenn. Code Ann. § 40-30-107 and Tenn. Sup. Ct. R. 28, § 6(B)(2)-(3). Furthermore, the trial judge is recused from further proceedings in this case. |
Trousdale | Court of Criminal Appeals | |
State of Tennessee v. Dewoyne Gwynn
Defendant, Dewoyne Gwynn, and two co-defendants, Ms. Chronda Walker, and Mr. Markhayle Jackson, were charged in a six-count indictment with (1) premeditated first degree murder of Kelvin Cooper; (2) felony murder of Kelvin Cooper during the perpetration of kidnapping; (3) felony murder of Kelvin Cooper during the perpetration of robbery; (4) especially aggravated kidnapping of Kelvin Cooper by use of a deadly weapon; (5) especially aggravated kidnapping of Kelvin Cooper wherein the victim suffered serious bodily injury; and (6) especially aggravated robbery of Kelvin Cooper. Defendant was tried by himself in a jury trial. The jury acquitted Defendant of all three counts of first degree murder and of especially aggravated robbery. On each of the two remaining counts, the jury convicted Defendant of the lesser included offense of facilitation of especially aggravated kidnapping. At sentencing the trial court merged the two convictions and sentenced Defendant to serve twelve years’ incarceration. Defendant raises three issues on appeal; (1) the evidence was insufficient to support the conviction of facilitation of especially aggravated kidnapping; (2) the trial court failed to properly charge the jury; and (3) the trial court erred in sentencing Defendant. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Curtis Gordon, Jr.
Curtis Gordon, Jr. entered a plea of guilty to robbery. He appeals the sentence imposed of fifteen years as a persistent offender, consecutive to a sentence for which he was on probation at the time of the robbery. Finding no error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Alex Hardin Huffstutter
The appellant, Alex Hardin Huffstutter, entered a plea of nolo contendre to driving under the influence (DUI), reserving the following certified question of law concerning whether Tennessee Code Annotated section 40-35-313 (2007) precludes judicial diversion for a charge of DUI. The State contends that the question presented is not dispositive and, therefore, that this court is without jurisdiction to consider the appeal. Upon review of the record and the parties’ briefs, we agree with the State and conclude that the appeal should be dismissed. |
Davidson | Court of Criminal Appeals | |
Charles Lane v. Bruce Westbrook, Warden
The petitioner, Charles Lane, filed a petition for habeas corpus relief challenging his Sevier County convictions of first degree murder and aggravated sexual battery. Petitioner seeks relief alleging he was not warned of his Miranda rights before giving a statement, and that he was suffering from mental deficiencies at the time of his guilty plea. Because the petition fails to present a cognizable claim for habeas corpus relief, we affirm the habeas corpus court’s summary dismissal of the petition. |
Bledsoe | Court of Criminal Appeals | |
Frank Taylor v. State of Tennessee
The petitioner, Frank Taylor, was convicted of one count of first degree felony murder, a Class A felony, and criminal attempt: especially aggravated robbery, a Class B felony. He appeals the denial of his petition for post-conviction relief. On appeal, the petitioner contends that he received ineffective assistance of counsel when: (1) trial counsel failed to investigate and pursue as a defense the petitioner’s absence from his juvenile detention hearing, his lack of representation at the hearing, and the fact that he did not receive advice regarding the ability to appeal the detention order; (2) trial counsel failed to pursue the denial of a meaningful transfer hearing; and (3) trial counsel failed to challenge the probable cause of the petitioner’s arrest warrant. After a review of the record and the applicable law, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Richard Cleophus Smith
Appellant, Richard Cleophus Smith, was indicted by presentment by the Knox County Grand Jury for felony murder, first degree murder, attempted first degree murder, employing a firearm during the commission of a dangerous felony, evading arrest by motor vehicle, evading arrest, aggravated assault, reckless endangerment, leaving the scene of an accident involving injury, driving while privilege suspended, and failure to provide proof of financial responsibility. At the conclusion of a jury trial, the jury found Appellant guilty of all charges except aggravated assault for which he was found guilty of the lesser included offense of reckless endangerment. The trial court sentenced Appellant to an effective sentence of life plus twenty-six years. On appeal, Appellant argues that: (1) the evidence was insufficient; (2) that the trial court constructively amended the presentment charging driving while license suspended, after jeopardy attached by instructing the jury on the offense of driving without a license in possession; (3) that the trial court erred in denying Appellant’s request for a special jury instruction; (4) that the trial court erred in allowing the testimony of two officers; (5) the trial court erred in denying his request for notes and memoranda generated by State witnesses when generating their reports; and (5) the trial court erred in imposing consecutive sentences. We have thoroughly reviewed the record on appeal. We affirm all judgments except the judgment for driving without a license in possession which must be dismissed because the trial court constructively amended the presentment by giving the contested jury instruction. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Brendy Judy Moss
The Defendant, Brenda Judy Moss, pled guilty to theft over $60,000, a Class B felony, with the trial court to determine the length and manner of the sentence. The trial court subsequently ordered a ten-year split confinement sentence, with the Defendant to serve one year in jail followed by nine years of supervised probation. The Defendant asserts that the sentence is excessive and that split confinement was improper based upon the facts of the case. After a thorough review of the record and applicable law, we affirm the trial court’s judgment. |
Putnam | Court of Criminal Appeals | |
Bonny Browne v. Alexander Lee Browne, Jr.
In this divorce action, Wife appeals the trial court’s valuation of Husband’s ownership interest in three businesses, determination of Husband’s income, division of marital assets, duration of rehabilitative alimony awarded to her, amount of child support Husband was ordered to pay, and the amount of attorney’s fees awarded to her. We determine that the trial court accepted the calculation of a $134,085.00 promissory note as a liability for one business co-owned by Husband but failed to require value of the same amount as a note receivable for the business collecting payment on the debt, owned 50% by Husband. We therefore increase the trial court’s valuation of the business collecting payment on the debt by one-half the amount of the applicable note receivable, or $67,042.50. We also determine that the trial court erred by attributing to Husband the full liability for the third business, a limited liability company in which Husband owns a one-half interest. We accordingly reduce the allocation for that liability by one-half, or $45,689.50, increasing the total modification of the value of Husband’s net assets awarded by the trial court by the amount of $112,732.00. We award to Wife 48% of this increase, or $54,111.36, commensurate with what we determine to be the trial court’s equitable distribution of marital property, and we remand for a determination regarding the proper method of distribution for this additional award to Wife. We affirm the trial court’s judgment in all other respects. |
Hamilton | Court of Criminal Appeals |
