State of Tennessee v. Willard V. Fleming
A jury convicted the defendant, Willard V. Fleming, of facilitation of the sale of cocaine, a Class D felony; facilitation of keeping or maintaining a dwelling used for keeping or selling controlled substances, a Class E felony; and assault, a Class A misdemeanor. The defendant challenges the sufficiency of the evidence and denial of his motion to acquit, asserting that the co-defendant’s testimony regarding the defendant’s involvement was insufficiently corroborated; that there was no proof that drugs were present because only lay testimony supported the conclusion that the substance sold was cocaine; that the evidence was insufficient to prove that the defendant maintained the dwelling; and that the confidential informant’s testimony did not establish the elements of assault. We conclude that the evidence was sufficient to support the verdicts, and we accordingly affirm. |
Sullivan | Court of Criminal Appeals | |
Joshua Bishop v. State of Tennessee
The petitioner, Joshua Bishop, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that his guilty plea was knowing and voluntary. Following our review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Devin Rogers
The defendant, Devin Rogers, was convicted by a Shelby County Criminal Court jury of aggravated robbery, a Class B felony, and was sentenced to eleven years in the Tennessee Department of Correction. On appeal, he argues that the trial court erred in denying his motion to suppress his statement to police and that the evidence is insufficient to sustain his conviction. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Desmond Sykes
A Shelby County Criminal Court Jury convicted the appellant, Desmond Sykes, of two counts of aggravated robbery, a Class B felony, and the trial court sentenced him to an effective nine years in confinement. On appeal, the appellant contends that the trial court erred by denying his motion to suppress his statement to police and evidence obtained pursuant to his arrest because the police lacked probable cause for the arrest. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joshua Jones
A Shelby County Criminal Court Jury convicted the appellant of the aggravated assault of Jack Austin. The trial court sentenced the appellant as a Range II, multiple offender to ten years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his conviction. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Gallaher
Defendant, Jeffrey Gallaher, was indicted by the Lewis County Grand Jury for one count of aggravated assault with a deadly weapon, one count of introduction of contraband into a penal institution, and one count of possession of a schedule IV drug. After a jury trial, Defendant was found not guilty of aggravated assault. He was convicted of introduction of contraband into a penal institution and simple possession. The trial court sentenced Defendant to an effective sentence of six years in incarceration as a Range II, multiple offender. On appeal, Defendant challenges the sufficiency of the evidence for the conviction for introduction of contraband into a penal institution. He does not challenge the conviction for simple possession. We conclude that the evidence was sufficient to support the conviction for introduction of contraband into a penal institution. Accordingly, the judgments of the trial court are affirmed. |
Lewis | Court of Criminal Appeals | |
Nazario Araguz v. State of Tennessee
Petitioner, Nazario Araguz, 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 seventeen-year sentences. 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. On appeal, petitioner argues that he received ineffective assistance of counsel because trial counsel did not properly advise him regarding his right to testify. Following our review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Mark A. Crites
Appellant, Mark A. Crites, was convicted of driving under the influence of an intoxicant (“DUI”), second offense. The trial court sentenced him to eleven months and twenty-nine days in confinement. On appeal, appellant argues that the assistant district attorney general committed prosecutorial misconduct in her closing argument and that the evidence was insufficient to support his conviction. Following our review, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Robert B. Ledford
The Appellant, Robert B. Ledford, appeals as of right from the Hamilton 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 the trial court erred in summarily denying his motion because the motion stated a colorable claim for relief. Following our review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Alejandro Avila-Salazar v. State of Tennessee
In 2006, the Petitioner, Alejandro Avila-Salazar, pleaded guilty to second degree murder and attempted aggravated rape, and the trial court ordered the Petitioner to serve an effective sentence of forty years. The Petitioner filed a petition for post-conviction relief, which was dismissed, and this Court affirmed the dismissal. Alejandro Avila-Salazar v. State, No. M2008-02120-CCA-R3-PC, 2009 WL 3029604, at *1 (Tenn. Crim. App., at Nashville, Sept. 22, 2009), perm. app. denied (Tenn. Feb. 22, 2010). Several years later, in 2014, the Petitioner filed a petition for habeas corpus relief, alleging that his guilty pleas were not knowingly and voluntarily entered because his sentence violated the jurisdictional limits of the trial court. He further contended that the indictment against him failed to apprise him of the offense that he was being called to defend. The habeas corpus court summarily dismissed the petition. On appeal, the Petitioner contends that the habeas corpus court erred when it summarily dismissed his petition because his constitutional rights had been violated. He further contends that he had been improperly denied “indigent status.” After a thorough review of the record and applicable authorities, we affirm the habeas corpus court’s judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Samuel L. Giddens, Jr.
A Davidson County jury convicted the Defendant, Samuel L. Giddens, Jr., of reckless homicide, attempted especially aggravated robbery,1and aggravated burglary, and the trial court sentenced him to an effective sentence of fourteen years in prison. The Defendant appealed his conviction and sentence, and this Court affirmed the trial court’s judgments. See State v. Samuel L. Giddens, Jr., No. M2005-00691-CCA-R3-CD, 2006 WL 618312, at *1 (Tenn. Crim. App., at Nashville, Mar. 13, 2006), perm. app. denied (Tenn. June 26, 2006). After filing several motions, all of which were dismissed or denied, the Defendant filed a motion pursuant to Tennessee Rule of Appellate Procedure 36.1 seeking to correct an illegal sentence. The trial court denied the Defendant’s motion. On appeal, the Defendant contends that the trial court erred because he should be awarded additional pretrial jail credits. He further contends that his sentence for attempted especially aggravated robbery is not constitutional as it violates provisions against Double Jeopardy and that the resulting sentence is, therefore, not authorized. After a thorough review of the record and applicable authorities, we affirm the trial court’s judgment. |
Davidson | Court of Criminal Appeals | |
Carl J. Wagner v. State of Tennessee
A Davidson County jury convicted the Petitioner, Carl J. Wagner, of first degree felony murder, second degree murder, and especially aggravated burglary. The trial court imposed a life sentence. The Petitioner appealed, and this Court affirmed the judgment for the second degree murder conviction and reversed the judgments for the first degree felony murder and especially aggravated kidnaping convictions. State v. Carl J. Wagner, No. M2010-00992-CCA-R3-CD, 2011 WL 2893098, at *1 (Tenn. Crim. App., at Nashville, July 20, 2011), perm. app. granted (Tenn. Jan. 11, 2012). Our Supreme Court reinstated the judgments for all three convictions. State v. Wagner, 382 S.W.3d 289, 291 (Tenn. 2012). The Petitioner subsequently filed a petition for post-conviction relief, in which he alleged that he was entitled to relief on multiple grounds, including that he had received the ineffective assistance of counsel. 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. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Martinez Dennis
Appellant, Martinez Dennis, was convicted by a Shelby County jury of felony murder during the perpetration of a robbery and was sentenced by the trial court to life in prison. In this appeal, he raises two issues: (1) whether the trial court erred in denying his motion to suppress his custodial statement to law enforcement officers; and (2) whether the evidence was sufficient to sustain his conviction. Upon our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Charles Edward Meeks v. State of Tennessee
In 1994, a jury found the Petitioner, Charles Edward Meeks, guilty of first degree premeditated murder, and the trial court sentenced him to serve a life sentence in prison. On direct appeal, this Court affirmed the Petitioner’s conviction and sentence. See State v. Charles Edward Meeks, No. 01C01-9506-CC-00170, 1995 WL 687695, at *1 (Tenn. Crim. App., at Nashville, Nov. 21, 1995), perm. app. denied (Tenn. May 6, 1996). In March 1997, the Petitioner filed a post conviction petition, and this Court affirmed the post-conviction court’s denial of relief. Charles Edward Meeks v. State, No. 01C01-9807-CC-00295, 1999 WL 173972, at *1 (Tenn. Crim. App., at Nashville, March 30, 1999), perm. app denied (Tenn. Oct. 11, 1999). On January 10, 2005, the Petitioner filed for a writ of error coram nobis alleging that he had discovered new evidence. The State filed a response to the petition requesting that the trial court dismiss the petition as untimely. The trial court agreed, and dismissed the petition on that basis. We affirm the trial court’s judgment. |
Grundy | Court of Criminal Appeals | |
State of Tennessee v. James Antonio Bagwell
A Montgomery County Circuit Court Jury convicted the appellant, James Antonio Bagwell, of two counts of attempted second degree murder, a Class B felony; two counts of aggravated assault while acting in concert with two or more other persons, a Class B felony; and one count of reckless endangerment by discharging a firearm into a habitation, a Class C felony. After a sentencing hearing, the appellant received concurrent sentences of ten years for each Class B felony conviction and five years for the Class C felony conviction for a total effective sentence of ten years. On appeal, the appellant contends that the evidence is insufficient to support the convictions; that the trial court committed plain error by failing to require that the State elect facts to support the attempted murder and aggravated assault charges; and that his effective sentence is excessive and should be served in an alternative to confinement. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.
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Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Jameca M. Tipler
The Defendant-Appellant, Jameca M. Tipler, was indicted by the Madison County Grand Jury for attempted first degree premeditated murder, aggravated assault, felony evading arrest, reckless endangerment, and felony vandalism. The jury convicted Tipler of all the charged offenses except the felony vandalism charge, which the jury determined was a misdemeanor. The trial court merged the aggravated assault conviction with the attempted first degree murder conviction and sentenced Tipler to an effective sentence of twenty-five years. On appeal, Tipler argues: (1) the evidence is insufficient to support his convictions for attempted first degree murder, aggravated assault, reckless endangerment, and misdemeanor vandalism, and (2) the jury charge and verdict form were erroneous because they did not require the jury to determine whether he was criminally responsible before determining whether he was guilty of the underlying charges, and the trial court erred by not including an instruction on the natural and probable consequences rule in its instruction on criminal responsibility. Upon review, we remand to the trial court for entry of a judgment reflecting the modified conviction for facilitation of attempted first degree murder, which should also reflect the merger of the modified conviction for facilitation of aggravated assault with the conviction for facilitation of attempted first degree murder, for entry of a judgment reflecting the indicted offense of reckless endangerment by discharging a firearm into a habitation and the modified conviction for facilitation of reckless endangerment by discharging a firearm into a habitation, and for resentencing. We affirm the trial court in all other respects. |
Madison | Court of Criminal Appeals | |
Richard Blanchard v. State of Tennessee
The Petitioner, Richard Blanchard, was convicted of aggravated robbery, and the trial court sentenced him to an eleven-year sentence. This Court affirmed his conviction and sentence on appeal. State v. Richard Lowell Blanchard, No. M2010-1186-CCA-R3-CD, 2011 WL 2533753, at *1 (Tenn. Crim. App., at Nashville, June 24, 2011), perm. app. denied (Tenn. June 12, 2013). The Petitioner filed a petition seeking post-conviction relief, and, after a hearing, the post-conviction court denied the Petitioner relief. The Petitioner now appeals, maintaining that he received the ineffective assistance of counsel. After a review of the record, we affirm the post-conviction court’s judgment. |
Bedford | Court of Criminal Appeals | |
Everett Spencer Barnette v. State of Tennessee
The Defendant, Everett Spencer Barnette, appeals as of right from the Sullivan County Criminal Court’s denial of his motion to withdraw his nolo contendere pleas. The Defendant contends (1) that he received ineffective assistance from his trial counsel; and (2) that his pleas were not knowingly, voluntarily, and understandingly entered. Following our review, we conclude that the Defendant’s pleas were not knowingly, voluntarily, and understandingly entered. Accordingly, we reverse the judgments of the trial court and remand the case to the trial court for further proceedings consistent with this opinion. |
Sullivan | Court of Criminal Appeals | |
Keith Edward Clements v. State of Tennessee
The petitioner, Keith Edward Clements, appeals the post-conviction court’s denial of his petition for post-conviction relief from his four aggravated burglary guilty plea convictions. On appeal, he argues that he received ineffective assistance of counsel, but for which he would have elected to take his case to trial. After review, we affirm the denial of the petition. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Thearon Antonio Grambling
A Blount County Circuit Court Jury convicted the appellant, Thearon Antonio Grambling, of statutory rape by an authority figure and incest; the victim of both offenses was his fifteenyear- old daughter. The trial court imposed concurrent sentences of four years and six months in the Tennessee Department of Correction. On appeal, the appellant contends that the evidence is not sufficient to sustain his convictions. Upon review, we affirm the judgments of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Latonya Shanta Bowman
The Defendant, Latonya Shanta Bowman, appeals as of right from the Knox County Criminal Court’s order revoking her probation and ordering that she serve the remainder of her sentence in confinement. The Defendant contends that the trial court erred by revoking her probation “without considering alternative sentencing options.” Discerning no error, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Bradley Douglas Parker
Defendant, Bradley Douglas Parker, was indicted by the Hickman County Grand Jury for one count of aggravated child abuse, a Class A felony, and one count of aggravated child neglect, also a Class A felony. Both charges involved the same incident and victim. Subsequently, the State announced that it was unable to prove serious bodily injury of the victim and moved the trial court to dismiss the count of aggravated child abuse and to amend the count charging aggravated child neglect to charge the Class D felony offense of child neglect of a child less than eight years of age. Immediately, Defendant pled guilty to the Class D felony offense of child neglect. The parties agreed Defendant would be sentenced as a Range I standard offender, with the length and manner of service of the sentence to be determined by the trial court following a sentencing hearing. The trial court imposed a sentence of three years to be served by split confinement comprised of thirty days’ incarceration in the county jail followed by three years’ probation. Defendant appeals, arguing that the trial court should have granted judicial diversion or in the alternative imposed a three-year sentence totally suspended to be served on probation. After a thorough review, we affirm the judgment of the trial court. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Marisa Shrum
The defendant, Marisa Ann Shrum, appeals the sentencing decision of the trial court following the revocation of her probationary sentence. The defendant pled guilty to two counts of prescription drug fraud and one count of failure to appear. Pursuant to the plea agreement, she received an effective sentence of five years, with sixty days to be served in confinement, sixty days to be served on consecutive weekends, and the balance on supervised probation. A violation report was subsequently filed and, following a hearing, the trial court revoked the defendant’s probation and ordered that the balance of the sentence be served in confinement. On appeal, the defendant does not contest the revocation of her probation, but she argues that the trial court erred in ordering total confinement. Following review of the record, we conclude no error occurred and affirm the decision of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Norman McDowell
Appellant, Norman McDowell, was convicted of aggravated robbery, a Class B felony; two counts of aggravated rape, Class A felonies; and aggravated statutory rape, a Class D felony. The trial court merged appellant’s aggravated rape convictions and sentenced appellant to an effective twenty-two-year sentence. On appeal, appellant argues that the evidence at trial was insufficient to support his aggravated rape and aggravated robbery convictions. Following our review of the briefs, the record, and the applicable law, we reduce one of appellant’s merged aggravated rape convictions to rape, affirm the trial court’s judgments as modified, and remand to the trial court for a new sentencing hearing. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Rhakim Martin
The defendant, Rhakim Martin, was convicted by a Shelby County Criminal Court jury of carjacking, a Class B felony, and employment of a firearm during the commission of a dangerous felony, a Class C felony, and was sentenced to an effective term of sixteen years in the Tennessee Department of Correction. On appeal, he argues that: (1) his conviction for employing a firearm during a dangerous felony violates the terms of Tennessee Code Annotated section 39-17-1324(c) and the prohibitions against double jeopardy; (2) the failure to name the predicate felony in the indictment for employment of a firearm during the commission of a dangerous felony voids the conviction; (3) the trial court erred in denying his motion to suppress the victim’s identification of him; (4) the evidence is insufficient to sustain his convictions; and (5) the trial court committed plain error by failing to charge the jury on possession of a firearm during the commission of a dangerous felony as a lesserincluded offense of employing a firearm during the commission of a dangerous felony. After review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals |
