State of Tennessee v. Kerry Randall Meadows
Defendant, Kerry Randall Meadows, entered a guilty plea to driving while being an habitual motor vehicle offender pursuant to a negotiated plea agreement and properly reserved a certified question of law for appeal. The precise issue, as reserved, is “[w]hether reasonable suspicion or probable caused existed to stop and seize [Defendant’s] vehicle based on incorrect information contained in the police database?” After thorough review we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Jason Shawn Cunningham v. State of Tennessee
On June 29, 2011, the petitioner entered guilty pleas to several offenses, including one count of the possession of 300 grams or more of cocaine, a Class A felony, and two counts of money laundering, Class B felonies. The petitioner received an effective twenty-year sentence for these crimes. The petitioner’s total effective sentence was forty-one years, twenty-one of which were for crimes not at issue in this appeal. The petitioner filed a timely post-conviction petition, challenging his convictions for possession of over 300 grams of cocaine and two counts of money laundering on the basis that his trial counsel was deficient for failing to investigate these cases and that his trial counsel was operating under a conflict of interest when he represented the petitioner in the pleas. The post-conviction court denied relief. Because we conclude that trial counsel did not have an actual conflict of interest, that trial counsel’s performance was not deficient, that there was no showing of prejudice, and that the pleas were knowing and voluntary, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Ashley Bradshaw
Appellant, Ashley Bradshaw, was convicted by a jury of three counts of aggravated child abuse, three counts of aggravated child neglect, and three counts of aggravated child endangerment. The trial court merged the convictions into one count of aggravated child abuse and sentenced appellant to twenty years in the Tennessee Department of Correction. On appeal, appellant argues that the evidence was insufficient to support her convictions. Following our review, we affirm the judgment of the trial court but remand for the trial court to clarify on the judgment sheets that the judgments have been merged into the first count. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ashley Bradshaw-Concurring
I concur in the excellent opinion presented by the majority. I write separately to express a view concerning the effectuation of mergers of verdicts. The theory of merger in cases in which multiple verdicts of guilty reflect alternative theories of offending is predicated upon the distinction between a verdict of guilty, on the one hand, and a conviction, on the other. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Derick D. Armstrong
The defendant, Derick D. Armstrong, was convicted of one count of attempted voluntary manslaughter, a Class D felony, and one count of employment of a firearm during the attempted commission of a felony, a Class C felony. On appeal, the defendant challenges the sufficiency of the evidence supporting his convictions. After thoroughly reviewing the record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Jay Herman Sanders
The Defendant, Jay Herman Sanders, appeals from the trial court’s denial of an alternative sentence and order to pay $250,000 in restitution. He argues that the trial court abused its discretion when it sentenced him to 10 years in the Department of Correction and claims that the trial court failed to consider his future ability to pay restitution. After a review of the record and the applicable law, we affirm the judgment of the trial court. |
Marion | Court of Criminal Appeals | |
State of Tennessee v. Ephraim J. Nielsen
After entering a conditional guilty plea to robbery pursuant to Tennessee Code Annotated section 40-35-313, Ephraim J. Nielsen (“the defendant”) was arrested on charges of burglary, vandalism over $1,000, and theft of property valued over $1,000 but less than $10,000. Based upon the new charges, his probation officer filed a probation violation warrant against him. After a hearing, the trial court revoked the Defendant’s probation and ordered him to serve the balance of his sentence. In this appeal, the Defendant argues that his probation should not have been revoked because the State did not offer proof of every element of the new charges against him. We affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Tyler Young
Appellant, Tyler Young, was convicted by a Shelby County jury of aggravated burglary, employing a firearm during the commission of a dangerous felony, and two counts of attempted aggravated robbery. The trial court ordered him to serve an effective sentence of fourteen years in the Tennessee Department of Correction. On appeal, he challenges the sufficiency of the evidence supporting his convictions for employing a firearm during the commission of a dangerous felony and attempted aggravated robbery and argues that the trial court erred in its sentencing. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Kenneth Ray Jobe v. State of Tennessee
The Petitioner, Kenneth Ray Jobe, appeals as of right from the Dyer County Circuit Court’s denial of his petition for post-conviction relief. In this appeal, the Petitioner contends that he received ineffective assistance of counsel based upon trial counsel’s failure: (1) to communicate the amount of restitution that was included as a part of his guilty plea; (2) to file a motion to vacate his plea; and (3) to effectively communicate with him. Discerning no error, we affirm the judgment of the post-conviction court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Jared Booth Spang
Jared Booth Spang (“the Defendant”) was indicted for voluntary manslaughter and aggravated assault. The Defendant pleaded guilty to the lesser-included offense of reckless homicide. Pursuant to a written plea agreement signed by the Defendant and the State, the State agreed it would take no position at the sentencing hearing as to whether the sentence would be deferred pursuant to Tennessee Code Annotated section 40-35-313. At the sentencing hearing, the State argued against deferral, stating that “a permanent conviction is necessary [so as] not to depreciate the seriousness of this crime.” The trial court sentenced the Defendant to three years probation and denied deferral, concluding “there is something permanent about death” and “there should be something permanent about . . . this conviction.” We conclude that the State breached the plea agreement. We, therefore, reverse and remand for a new sentencing hearing. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Joshua Edward Kilgore
The Defendant, Joshua Edward Kilgore, appeals the Hamilton County Criminal Court’s order revoking his probation for his conviction for violating the sex offender registry requirements and ordering his four-year sentence into execution. The Defendant contends that the trial court abused its discretion. We affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Deshawn Mancill
The appellant, Deshawn Mahon Mancill, was convicted by a jury in the Knox County Criminal Court of possession of heroin with the intent to sell or deliver. The trial court sentenced the appellant as a Range II, multiple offender to sixteen years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his conviction. Upon review, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Jeremy Garrett v. State of Tennessee
Petitioner, Jeremy Garrett, was convicted, following a jury trial, of felony murder and especially aggravated robbery pertaining to the robbery and death of Dexter Birge. He appealed these convictions along with an additional conviction from the same jury trial for aggravated robbery of Mexwayne Williams. The Tennessee Supreme Court reversed the conviction for aggravated robbery of Mr. Williams, but affirmed the convictions for felony murder and especially aggravated robbery of Mr. Birge. State v. Garrett, 331 S.W.3d 392 (Tenn. 2011). Petitioner filed a pro se petition for post-conviction relief attacking his convictions for felony murder and especially aggravated robbery. Counsel was appointed to represent Petitioner, and counsel filed an amended petition. After an evidentiary hearing the trial court dismissed the petition for post-conviction relief, and Petitioner appeals that ruling. After a thorough review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Lamario Hill v. State of Tennessee
The Petitioner, Lemario Hill, appeals the Shelby County Criminal Court’s denial of postconviction relief from his convictions for first degree felony murder, attempted especially aggravated robbery, and aggravated assault. On appeal, he contends he received ineffective assistance of counsel based on counsel’s failure (1) to present a jury nullification defense or any other defense strategy, (2) to promptly investigate his case, and (3) to adequately communicate with him regarding his defense. Upon review, we affirm the denial of postconviction relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Monterious Bell
The defendant, Monterious Bell, appeals his Shelby County Criminal Court jury conviction of aggravated burglary, claiming that the evidence was insufficient to support his conviction. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Terrance Johnson
Appellant, Terrance Johnson, was convicted by a jury of second degree murder, employing a firearm during the commission of a dangerous felony, and burglary of an automobile. The trial court sentenced him to seventeen years for the murder conviction, six years for the firearm conviction, and one year for the burglary conviction for a total effective sentence of twenty-three years. On appeal, appellant argues that the armed dangerous felonies statute, Tennessee Code Annotated section 39-17-1324, does not list second degree murder as a dangerous felony in subsection 1324(i)(1) and that therefore (1) his conviction for employing a firearm during the commission of a dangerous felony cannot stand and (2) the trial court erred in its jury instructions with regard to this charge. The State concedes error and requests that this court reverse and dismiss the firearm conviction. Following our review, we reverse and dismiss appellant’s conviction for employing a firearm during the commission of a dangerous felony. We affirm the trial court’s judgments in all other respects. |
Shelby | Court of Criminal Appeals | |
State of Tennesse v. Jasper Clayton
Appellant, Jasper Clayton, pleaded guilty to facilitation of aggravated robbery. The trial court granted him judicial diversion for a three-year period. The State petitioned the court to revoke appellant’s judicial diversion, and after a hearing, the trial court granted the State’s request, revoking appellant’s judicial diversion and sentencing him to three years’ incarceration. On appeal, appellant contends that the State failed to comply with due process notice requirements and that the trial court abused its discretion by revoking his diversion. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jasper Clayton
Appellant, Jasper Clayton, pleaded guilty to facilitation of aggravated robbery. The trial court granted him judicial diversion for a three-year period. The State petitioned the court to revoke appellant’s judicial diversion, and after a hearing, the trial court granted the State’s request, revoking appellant’s judicial diversion and sentencing him to three years’ incarceration. On appeal, appellant contends that the State failed to comply with due process notice requirements and that the trial court abused its discretion by revoking his diversion. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Christopher Lee Blunkall
A Marshall County Circuit Court Jury convicted the appellant, Christopher Lee Blunkall, of rape of a child, and the trial court sentenced him to thirty-two years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence, the admission of testimony regarding the reaction of the victim’s family while the victim was missing, and the length of the sentence imposed. Upon review, we affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. George Geovonni Thomas
A Knox County jury found the Defendant, George Geovonni Thomas, guilty of thirty-eight criminal charges, including first degree murder, aggravated rape, especially aggravated robbery, and especially aggravated kidnapping. The jury imposed sentences of life in prison for the first-degree murder convictions. The trial court imposed sentences for the remaining convictions for an effective sentence of two consecutive life sentences plus twenty-five years in the Tennessee Department of Correction. The Defendant appeals asserting that: (1) the trial court erred when it denied his motion to suppress his statements; (2) the trial court improperly admitted an “unreliable unrecorded statement attributed by law enforcement to [the Defendant];” (3) the criminal responsibility statute is void for vagueness; (4) the trial court erred when it retroactively applied the Dorantes evidentiary standard pertaining to circumstantial evidence; (5) the presentment was insufficient for failure to charge criminal responsibility; and (6) the evidence is insufficient to sustain his convictions. After a thorough review of the record and applicable authorities, we affirm the trial court’s judgments. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Letalvis Cobbins, et al. In Re: Gary Christian, et al.
Petitioners, the parents of the victims in the underlying criminal cases, sought to intervene in those proceedings for the purpose of challenging the trial court’s order to seal portions of an investigative file of the Tennessee Bureau of Investigation that was identified during the motions for new trial in the underlying cases. Because we conclude that Petitioners have no statutory or constitutional right to access the sealed confidential information in the file, we affirm the trial court’s denial of their request to unseal. |
Knox | Court of Criminal Appeals | |
James Allen Gooch v. State of Tennessee
The Petitioner, James Allen Gooch, challenges the denial of his petition for post-conviction relief. On appeal, the Petitioner argues that he was denied effective assistance of counsel, raising seven grounds to support his claim. Additionally, he claims that cumulative error necessitates reversal of the post-conviction court. After review, we affirm the judgment of the post-conviction court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Thomas William Brown
Appellant, Thomas William Brown, was convicted by a jury of attempted aggravated burglary and sentenced to four years in the Tennessee Department of Correction. On appeal, he argues that the trial court should have suppressed his statements to the police immediately after his arrest, that the verdict was contrary to the weight of the evidence, that the trial court erred by allowing the State to present evidence that witnesses identified appellant’s shirt in a “show up” procedure, that the trial court erred by allowing the CAD Operational Report into evidence during the State’s rebuttal proof, and that the trial court erred by denying a special jury instruction request. Following our careful review of the evidence, we have concluded that the evidence was insufficient to support appellant’s conviction for attempted aggravated burglary and therefore reverse the judgment of the trial court. Appellant’s charge is dismissed. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Derrick Dewayne Lyons
A Davidson County jury convicted the Defendant, Derrick Dewayne Lyons, of attempted voluntary manslaughter, aggravated assault, theft of property valued over $1,000.00, and evading arrest in a motor vehicle. For these convictions, the trial court sentenced the Defendant to serve an effective sentence of eighteen years in the Tennessee Department of Correction. On appeal, the Defendant claims that: (1) the trial court erred when it allowed the State to amend the indictment on the morning of trial; (2) the evidence is insufficient to support his convictions; (3) the State committed “prejudicial prosecutorial misconduct” during its closing argument; (4) the trial court improperly failed to instruct the jury on “mistake of fact” and “use of force”; and (5) the trial court erred when it failed to excuse a juror for cause. After a review of the record and the foregoing authorities, we affirm the trial court’s judgments and the Defendant’s convictions. |
Davidson | Court of Criminal Appeals | |
Yoni Sales Barahona v. State of Tennessee
The Petitioner, Yoni Sales Barahona, appeals from the denial of post-conviction relief by the Criminal Court for Davidson County. He was convicted of aggravated assault and sentenced to ten years’ imprisonment in the Tennessee Department of Correction. On appeal, the Petitioner argues that he received ineffective assistance of counsel at the appellate level. Upon review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals |
