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 | |
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 | |
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 | |
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. 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 | |
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. 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 | |
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 | |
Malinda Annette Stills v. Chadburn Ober Harmon
This is an appeal from a Restraining Order entered on May 20, 2014. The Notice of Appeal was not filed until June 20, 2014, thirty-one (31) days after the date of entry of the Restraining Order. Because the Notice of Appeal was not timely filed, we have no jurisdiction to consider this appeal. |
Greene | 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 | |
State of Tennessee v. Rodregus Carter
Appellant, Rodregus Carter, was convicted by a Shelby County jury for aggravated burglary and theft of property valued over $1,000. The trial court sentenced Appellant as a Range III, Persistent Offender to thirteen years for the aggravated burglary conviction and twelve years for the theft of property conviction, to be served concurrently, for a total effective sentence of thirteen years. After the denial of a motion for new trial, Appellant presents the following issues on appeal: (1) whether the trial court improperly denied the motion to suppress his statement; (2) whether the evidence was sufficient to support the convictions; (3) whether the trial court improperly admitted the testimony of the victim with regard to her health condition; (4) whether the trial court improperly sentenced Appellant as a Range III, Persistent Offender; and (5) whether Appellant’s sentence was excessive. After a review of the record and applicable authorities, we determine that Appellant’s issues are without merit. Accordingly, the judgments of the trial court are affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Kirkwood
Appellant, Kenneth Kirkwood, was convicted by a Shelby County jury of especially aggravated robbery, especially aggravated kidnapping, use of a firearm in the commission of a dangerous felony, and aggravated burglary. Following a sentencing hearing, the court imposed a total effective sentence of forty-five years, to be served at 100%. Appellant filed a motion for new trial, which was denied. He argues on appeal that the jury verdict was against the weight of the evidence, that counsel was ineffective, and that the trial court erred by not granting him a continuance on his motion for new trial. After thoroughly reviewing the evidence, we affirm the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Tonya Michelle Stoltz
Appellant, Tonya Michelle Stoltz, was indicted by the Madison County Grand Jury for initiation of a process to manufacture methamphetamine and possession of methamphetamine. At the close of the State’s proof, the trial court granted Appellant’s motion for acquittal as to initiation of a process to manufacture methamphetamine but denied it as to the possession charge. The jury found Appellant guilty of possession of methamphetamine. After a sentencing hearing, the trial court sentenced Appellant to eleven months and twenty-nine days at 75% service in incarceration. After Appellant’s motion for a new trial was denied, she appealed, arguing that the evidence presented at trial was insufficient to sustain the conviction for possession of methamphetamine. After a review of the record and applicable authorities, we determine that the evidence is sufficient and that the conviction for possession of methamphetamine should be affirmed. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Curtis Taylor
Appellant, Curtis Taylor, was indicted by the Shelby County Grand Jury in a multi-count indictment for first degree murder (Count 1), attempted first degree murder (Count 2), possession of a firearm after having been convicted of a felony (Count 3), and use of a firearm during the commission of a dangerous felony (Count 4). After a jury trial, Appellant was convicted of voluntary manslaughter in Count 1, and was convicted of the offenses as charged in Counts 2 through 4. According to the judgment forms, Appellant was sentenced to ten years in Count 1, fifteen years in Count 2, four years in Count 3, and ten years in Count 4, for a total effective sentence of thirty-five years. However, the transcript of the sentencing hearing reflects a sentence of two years in Count 3, but the same total effective sentence. After the denial of a motion for new trial, Appellant presents the following issues for our review on appeal: (1) whether the evidence is sufficient to sustain the conviction for voluntary manslaughter; and (2) whether the trial court properly sentenced Appellant. After a review of the record and applicable authorities, we affirm the judgments and sentences. However, because the judgment forms do not accurately reflect the sentence as imposed by the trial court during the sentencing hearing, the matter is remanded for entry of corrected judgments to reflect that Appellant was sentenced to two years in Count 3, possession of a firearm after having been convicted of a felony, and that the sentences in Counts 1, 2, and 4 are to run consecutively to each other but concurrently to the sentence in Count 3, for a total effective sentence of thirty-five years. Accordingly, the matter is affirmed and remanded for further proceedings consistent with this opinion. |
Shelby | Court of Criminal Appeals | |
Robert Lewis Webb v. State of Tennessee
Pursuant to the terms of a negotiated plea agreement, Petitioner, Robert Lewis Webb, pled guilty to first-degree murder, aggravated rape, aggravated burglary, and aggravated robbery, and was sentenced to an effective life sentence without the possibility of parole. Petitioner subsequently filed an untimely pro se petition for post-conviction relief. He asserted, among other things, that the guilty plea was involuntary. Appointed counsel filed an amended petition, alleging that the statute of limitations should be tolled due to a new constitutional ruling, Petitioner’s mental incompetence, and misconduct on the part of Petitioner’s trial attorney. The post-conviction court dismissed the petition without an evidentiary hearing. Petitioner appealed. The State concedes that Petitioner is entitled to a hearing on whether the statute of limitations should be tolled. We determine that the post-conviction court erred by summarily dismissing the petition without an evidentiary hearing to determine whether due process requires that the statute of limitations be tolled. Accordingly, we reverse and remand for further proceedings consistent with this opinion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Daniel Mosby
The Defendant, Daniel Mosby, appeals from the Shelby County Criminal Court’s order revoking his community corrections sentence. The Defendant previously entered a guilty plea to aggravated burglary and, pursuant to the plea agreement, was sentenced to 10 years to be served in the community corrections program with credit for time served. On appeal, the Defendant argues that the trial court abused its discretion in revoking his community corrections sentence and ordering him to serve his original sentence in confinement. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Joseph Pollard v. State of Tennessee
The Petitioner, Joseph Pollard, appeals the Shelby County Criminal Court’s denial of postconviction relief. He was convicted of first degree murder, attempted voluntary manslaughter, and aggravated assault and received an effective sentence of life with the possibility of parole. In this appeal, the Petitioner contends that he received ineffective assistance of trial counsel due to trial counsel’s failure to qualify an expert witness or anticipate the trial court’s rejection of the witness’s qualifications. The Petitioner further claims that appellate counsel was ineffective due to his failure to include the same issue on direct appeal. Upon our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Courtney Watkins v. State of Tennessee
The Petitioner, Courtney Watkins, appeals from the denial of post-conviction relief by the Criminal Court for Shelby County. He was convicted of especially aggravated robbery and sentenced to twenty-three years’ imprisonment in the Tennessee Department of Correction. On appeal, the Petitioner argues that he received ineffective assistance of counsel and that the post-conviction court erred in denying his motion for continuance. Upon our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals |
