Jason Osmond Hines v. State of Tennessee
The Petitioner, Jason Osmond Hines, appeals the post-conviction court’s denial of relief for his conviction of second-degree murder. On appeal, the Petitioner argues that he received ineffective assistance of counsel based on counsel’s failure to properly impeach the State’s witnesses and adequately present a theory of self-defense. Upon review, we affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Steven R. Bryson
The Defendant-Appellant, Steven R. Bryson, was convicted by a Hardin County jury of aggravated sexual battery, a Class B felony. See T.C.A. § 39-13-504 (2011). The trial court sentenced him as a Range I, standard offender to eight years and six months in the Department of Correction. On appeal, Bryson argues that: (1) the evidence was insufficient to support his conviction; (2) the trial court erred in denying his motion for judgment of acquittal; and (3) the trial court committed plain error in its jury instructions. Upon review, we affirm the judgment of the trial court. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Devin Jay Davis
The Defendant, Devin Jay Davis, was convicted by a Chester County jury of criminally negligent homicide and aggravated child abuse and neglect, for which he received an effective sentence of twenty years. In this appeal, the Defendant argues that the evidence is insufficient to sustain his conviction for aggravated child abuse and neglect, the jury’s verdicts in count one and count two are fatally inconsistent, and his convictions violate double jeopardy. Upon review, we affirm the judgment of the trial court. |
Chester | Court of Criminal Appeals | |
Aso Hassan Nejad v. State of Tennessee
Petitioner, Aso Hassan Nejad, was convicted by a jury of conspiracy to commit first degree murder and sentenced by the trial court to 25 years’ incarceration. This court affirmed Petitioner’s conviction and sentence on appeal. State v. Aso Hassan Nejad a.k.a. Diako Nejad and Ako Hassan Nejad, No. M2009-00481-CCA-R3-CD, 2010 WL 3562015 (Tenn. Crim. App., Sept. 14, 2010), perm. app. denied (Tenn., Feb. 17, 2011). Petitioner now appeals the post-conviction court’s denial of his petition for post-conviction relief following an evidentiary hearing. Petitioner asserts that he was denied the effective assistance of counsel. Finding no error, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Cordell Remont Vaughn
A Perry County Grand Jury returned an indictment against Defendant, Cordell Remont Vaughn, charging him with first degree murder. After Defendant’s first trial, this court reversed a jury’s verdict that found Defendant guilty of first degree murder. State v. Vaughn, 279 S.W.3d 584, 586-87 (Tenn. Crim. App. 2008). Pursuant to a second jury trial, Defendant was again found guilty of first degree murder. He was sentenced to life in prison without the possibility of parole. The trial court granted Defendant’s motion for new trial. The State filed a Rule 10 application for an extraordinary appeal with this court, which was granted. On appeal, this court reversed the trial court’s granting of a new trial. State v. Vaughn, No. M2011-00067-CCA-R10-CD, 2012 WL 1484191 (Tenn. Crim. App. April 25, 2012) perm. app. denied (Tenn. Aug. 16, 2012). On May 31, 2013, the trial court entered judgment and sentenced Defendant again to life in prison without the possibility of parole. On appeal, Defendant argues: (1) the evidence was not sufficient to support his first degree murder conviction; (2) that the trial court erred in denying his motion to suppress the toxicology report; and (3) whether his right to be free from double jeopardy was violated. After a review of the record, we affirm Defendant’s conviction of first degree murder; we reverse the sentence of life without possibility of parole and remand this case to the trial court for entry of a judgment of conviction of first degree murder with a sentence of life imprisonment. |
Perry | Court of Criminal Appeals | |
State of Tennessee v. Joseph H. Adkins a/k/a Joseph H. Morrison
Following a jury trial, the Defendant, Joseph H. Adkins a/k/a Joseph H. Morrison, was convicted of first degree premeditated murder; first degree felony murder; aggravated burglary, a Class C felony; and three counts of aggravated assault, a Class C felony. See Tenn. Code Ann. §§ 39-13-102, -13-202, -14-403. The trial court merged the felony murder conviction into the premeditated murder conviction and imposed a sentence of life with the possibility of parole. The trial court sentenced the Defendant to six years for each of the remaining convictions and ordered all of the sentences to be served consecutively for an effective sentence of life plus twenty-four years. In this appeal as of right, the Defendant contends (1) that the trial court erred in denying the Defendant’s pro se motion to remove appointed trial counsel; (2) that the trial court erred by not allowing the Defendant to cross-examine a witness about a prior instance where the witness allegedly lied under oath; (3) that the trial court improperly allowed the admission of hearsay evidence at trial; (4) that the trial court erred by instructing the jury on flight; (5) that the evidence was insufficient to sustain the Defendant’s conviction for first degree premeditated murder; (6) that the evidence was insufficient to sustain the Defendant’s convictions for two of the aggravated assault charges; (7) that the trial court erred by correcting a “typographical error” on the jury’s verdict form; and (8) that the trial court erred by imposing consecutive sentences. Following our review, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Travei Pryor
A Knox County Criminal Court Jury convicted the appellant, Travei Pryor, of eleven counts of aggravated kidnapping, a Class B felony; four counts of aggravated robbery, a Class B felony; four counts of aggravated burglary, a Class C felony, one count of employing a firearm during the commission of a dangerous felony and one count of possessing a firearm during the commission of a dangerous felony, Class C felonies; and one count of criminal impersonation, a Class B misdemeanor. After a sentencing hearing, he received an effective twelve-year sentence. On appeal, the appellant contends that the evidence is insufficient to support his convictions for employing/possessing a firearm during the commission of a dangerous felony and that the trial court committed reversible error by failing to instruct the jury as provided by State v. White, 362 S.W.3d 559 (Tenn. 2012). Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the trial court’s failure to instruct the jury pursuant to White constitutes reversible error. Therefore, the appellant’s eleven convictions for aggravated kidnapping must be reversed and the case remanded to the trial court for a new trial as to those offenses. The appellant’s remaining convictions are affirmed. However, upon remand, the trial court is to merge the appellant’s aggravated robbery convictions in counts 7 and 8 and counts 9 and 10 and enter single judgments of conviction for those offenses. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Travei Pryor - dissenting in part, concurring in part
After reviewing the records and law as it currently stands, I must respectfully dissent from the majority’s reasoned opinion with regard to its State v. White determinations. I would affirm the convictions as they were entered, although merging those counts which were alternatively charged. In all other regards, I join in the majority’s opinion. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Gary Hawkins
Defendant, Gary Hawkins, was convicted of first degree felony murder in the perpetration of aggravated child neglect and aggravated child neglect following a jury trial. Defendant received a life sentence for the murder conviction and a concurrent sentence of 22 years as a violent offender for the aggravated child neglect conviction. In this direct appeal, Defendant contends that the evidence was insufficient to support his convictions and that the trial court erred by allowing evidence of a prior conviction for child abuse into evidence. Finding no error, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Ernest Lee Jennings v. State of Tennessee
The petitioner, Ernest Lee Jennings, III, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of trial counsel and that the trial court erred in denying his motion to suppress and in admitting at trial evidence seized from his room. Following our review, we affirm the denial of the petition. |
Fayette | Court of Criminal Appeals | |
State of Tennessee v. Joseph Samuel Kyle
The defendant, Joseph Samuel Kyle, was convicted by a Benton County Circuit Court jury of aggravated criminal trespass, a Class A misdemeanor, and was sentenced to eleven months and twenty-nine days, suspended to probation after serving thirty days in jail. On appeal, he argues: (1) interrelated issues that the trial court erred in overruling his motions for judgment of acquittal and new trial and that the evidence is insufficient to sustain his conviction; and (2) the trial court erred in allowing hearsay testimony into evidence over his objection. After review, we affirm the judgment of the trial court. |
Benton | Court of Criminal Appeals | |
State of Tennessee v. Armard Reeves
The defendant, Armard Reeves, was convicted of one count of unlawful and knowing possession with intent to deliver three hundred pounds (300 lbs) (136,050 grams) or more of a controlled substance, to wit: marijuana. The trial court sentenced the defendant as a Range I offender to the maximum sentence of twenty-five years in the Tennessee Department of Correction. The defendant was arrested as a part of a larger investigation that Immigrations and Customs Enforcement (“ICE”) and Homeland Security Investigations (“HSI”) were conducting into narcotics distribution. On appeal, the defendant argues that: (1) the trial court erred when it failed to instruct the jury as to the lesser-included offense of facilitation; (2) the State must prove beyond a reasonable doubt that the defendant knowingly possessed the amount of marijuana in question; (3) the trial court erred when it failed to instruct the jury that the defendant must knowingly possess certain amounts of marijuana; (4) the evidence was insufficient to support his conviction; (5) the trial court erred when it failed to grant the defendant’s motion to suppress; and (6) the trial court improperly sentenced the defendant to the maximum sentence for a Range I offender. After a thorough review of the record we conclude that facilitation was properly omitted as a jury instruction, that the “knowing” mens rea requirement does not apply to the amount of marijuana, the evidence was sufficient to support the defendant’s conviction, the trial court did not err in denying the motion to suppress, and that the defendant was properly sentenced to the maximum term of incarceration. |
Shelby | Court of Criminal Appeals | |
David Lynn Smith v. State of Tennessee
The petitioner, David Lynn Smith, appeals the denial of his petition for post-conviction relief. The petitioner was convicted of second degree murder and is currently serving a sentence of twenty-four years in the Department of Correction. On appeal, he contends that the denial of his petition was error because he was denied his right to the effective assistance of counsel. Specifically, he contends that trial counsel was ineffective by: (1) failing to adequately prepare the petitioner to testify at trial; and (2) failing to investigate and interview an alibi witness. The petitioner further argues that the post-conviction court committed reversible error by refusing to exclude trial counsel from the post-conviction proceedings pursuant to Rule 615 of the Tennessee Rules of Evidence. Following review of the record and applicable law, we conclude that the petitioner was not denied his right to the effective assistance of counsel, and no Rule 615 violation was established. Therefore, we conclude that the petition was properly denied and affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Sharron Joy Mayberry
A Humphreys County Circuit Court Jury convicted the appellant, Sharron Joy Mayberry, of simple possession of a Schedule III controlled substance, a Class A misdemeanor, and the trial court sentenced her to eleven months, twenty-nine days suspended to probation and community service. On appeal, the appellant contends that the trial court erred by denying her motion to suppress evidence, that the trial court erred by not giving a missing evidence jury instruction, and that the evidence is insufficient to support the conviction. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Humphreys | Court of Criminal Appeals | |
State of Tennessee v. Gevon Cortez Patton
A Hamblen County jury convicted Gevon Cortez Patton of especially aggravated kidnapping and criminally negligent homicide. The trial court sentenced him to an effective sentence of twenty-five years in the Tennessee Department of Correction. On appeal, appellant argues that the evidence was insufficient to support his convictions, that the trial court erred in admitting into evidence the transcript of appellant’s juvenile court transfer hearing, that the trial court erred by forcing appellant’s brother to testify and then declaring him unavailable when he refused to testify, that the trial court erred by admitting an exhibit into evidence when the State had not proven the chain of custody, and that the trial court erred in its sentencing of appellant. Following our review, we affirm the judgments of the trial court. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. James Melton
The Defendant-Appellant, James Melton, appeals the trial court’s revocation of his probation and reinstatement of his original six-year sentence in the Department of Correction. On appeal, Melton argues that the trial court based its decision on improper evidence and refused to admit proper evidence. The State responds that there is substantial evidence in the record to support the trial court’s order of revocation. Upon our review, we affirm the judgment of the trial court. |
Anderson | Court of Criminal Appeals | |
Kristi Kimbro v. Brenda Jones, Warden
The petitioner, Kristi Kimbro, pled guilty to second degree murder and was sentenced to thirty-seven years in the Tennessee Department of Correction. Subsequently, she filed a petition for writ of habeas corpus, alleging that her sentence was void. The habeas corpus court denied the petition, and the petitioner now appeals. Upon review, we affirm the judgment of the habeas corpus court. |
Shelby | Court of Criminal Appeals | |
Richard Price v. State of Tennessee
The Petitioner, Richard Price, appeals as of right from the Shelby County Criminal Court’s dismissal of his petition for post-conviction relief. The Petitioner contends that his trial counsel was ineffective (1) for failing to communicate a plea offer from the State; and (2) for failing to request a curative jury instruction after a police officer testified that he “attempted to talk to” the Petitioner about the offense. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Curteis Benjamin Arzon
The appellant, Curteis Benjamin Arzon, pled guilty in the Montgomery County Circuit Court to two counts of aggravated burglary. The trial court sentenced the appellant to four years in the Tennessee Department of Correction for each offense. On appeal, the appellant challenges the trial court’s denial of alternative sentencing. Upon review, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
Eddie L. Readus v. State of Tennessee
The Petitioner filed a petition for post-conviction relief in the Bedford County Circuit Court, seeking relief from his convictions for selling less than one-half gram of cocaine, delivering less than one-half gram of cocaine, possessing one-half gram or more of cocaine with intent to sell, and possessing one-half gram or more of cocaine with intent to deliver and resulting effective thirty-year sentence. In the petition, the Petitioner claimed that he received the ineffective assistance of counsel at trial and on appeal. After an evidentiary hearing, the post-conviction court concluded that the Petitioner did not receive the ineffective assistance of counsel but ruled sua sponte that he was entitled to a delayed appeal in order for this court to determine whether his effective thirty-year sentence was excessive. After a review of the record and the parties’ briefs, we affirm the post-conviction court’s denial of the petition for post-conviction relief but reverse the court’s granting the Petitioner a delayed appeal. |
Bedford | Court of Criminal Appeals | |
Danny Ray Smith v. State of Tennessee
The petitioner, Danny Ray Smith, appeals the denial of his petition for post-conviction relief, |
Davidson | Court of Criminal Appeals | |
Lacey Jones v. State of Tennessee
A Shelby County jury convicted the Petitioner, Lacey Jones, of four counts of especially aggravated kidnapping, one count of aggravated burglary, and two counts of aggravated robbery. The trial court merged the aggravated robbery convictions into the convictions for especially aggravated kidnapping and ordered the Petitioner to serve an effective sentence of forty-two years. The Petitioner appealed, and this Court affirmed the judgments of the trial court. State v. Lacey Jones, No. W2004-01628-CCA-R3-CD, 2005 WL 1848476, at *6 (Tenn. Crim. App., at Jackson, Aug. 4, 2005), perm. app. denied (Tenn. Dec. 19, 2005). The Petitioner filed a petition for post-conviction relief, in which he alleged that his trial counsel was ineffective. 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. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Rommel Obligacion
The Defendant, Rommel Obligacion, appeals from his jury convictions for three counts of felony reckless endangerment, contending that the evidence presented at trial was insufficient to support his convictions beyond a reasonable doubt and that the trial court improperly denied his requests for probation and judicial diversion. After reviewing the record and the applicable authorities, we conclude that the trial court failed to demonstrate on the record that it considered all the relevant judicial diversion factors, assigned weight to each factor, and explained how some factors outweighed others. This error, however, was harmless in light of the other findings made by the trial court. Therefore, we affirm the judgments of the trial court. |
Crockett | Court of Criminal Appeals | |
State of Tennessee v. Rommel Obligacion-Concurring
I concur with the majority opinion. However, I respectfully disagree with the standard of review followed by the majority regarding judicial diversion. I agree with the reasoning set forth in State v. Kiara Tashawn King, No. M2012-00236-CCA-R3-CD, 2013 WL793588, at *7 (Tenn. Crim. App. Mar. 4, 2013), perm. app. granted (Tenn. Aug. 14, 2013), that after Bise, Caudle, and Pollard, portions of Parker, Electroplating, and their progeny in which this court reversed a trial court’s decision to deny judicial diversion merely because the trial court failed to expressly consider one or more of the seven legally-relevant factors (or merely because it failed to specify why some factors outweighed others) can no longer be considered governing law. |
Crockett | Court of Criminal Appeals | |
State of Tennessee v. Stanley Blue
The defendant, Stanley Blue, appeals from his resentencing to an effective term of forty-six years as a Range III, persistent offender for his convictions for facilitation of first degree murder, attempted second degree murder, and reckless endangerment. On appeal, the defendant contends that his sentence is excessive, and the State agrees. Based upon our review of the record, we conclude that the trial court erred in sentencing the defendant to forty years for attempted second degree murder and in classifying the defendant as a Range III, persistent offender for his reckless endangerment conviction. Accordingly, the trial court’s judgments are affirmed in part and reversed in part, and the case is remanded for further proceedings consistent with this opinion. |
Shelby | Court of Criminal Appeals |
