Jimmie R. Robinson, Sr. v. State of Tennessee
Jimmie R. Robinson, Sr., (“the Petitioner”) pleaded guilty to second degree murder after he shot and killed his son-in-law. The plea agreement provided for a sentence of seventeen years and six months in prison. The Petitioner subsequently filed a petition for post-conviction relief on the grounds that his guilty plea was the product of ineffective assistance of counsel and that his plea was constitutionally infirm. After an evidentiary hearing, the post-conviction court denied relief, and this appeal followed. Upon our thorough review of the record and applicable law, we affirm the post-conviction court’s judgment. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Jimmy Wayne Wilson
Jimmy Wayne Wilson (“the Defendant”) was convicted by a jury in 1985 of committing a rape in 1984. The jury also determined the Defendant to be an habitual criminal, and the Defendant, accordingly, was sentenced to life imprisonment. In this proceeding, the Defendant is attacking his sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. The trial court summarily denied the Defendant’s motion, and this appeal followed. Upon our thorough review of the record and applicable law, we affirm the trial court’s judgment. |
Sullivan | Court of Criminal Appeals | |
Rolly William Whitford v. State of Tennessee
The Petitioner, Rolly William Whitford, pled guilty to sexual battery and rape, with the trial court to determine the length and manner of service of his sentence. The trial court imposed an effective sentence of twelve years, to be served in the Tennessee Department of Correction. This Court affirmed the Petitioner’s sentence on appeal. State v. Rolly William Whitford, No. M2009-02525-CCA-R3-CD, 2011 WL 255310 at *1 (Tenn. Crim. App., at Nashville, Jan. 20, 2011), perm. app. denied (Tenn. May 25, 2011). The Petitioner timely filed a petition seeking post-conviction relief, asserting that his guilty plea was not entered knowingly and voluntarily, which the post-conviction court denied after a hearing. The Petitioner now appeals, maintaining that his guilty pleas were not entered knowingly and voluntarily because he was never advised of the lifetime supervision requirement for sex offenders. After a thorough review of the record, the briefs, and relevant authorities, we affirm the post-conviction court’s judgment. |
Davidson | Court of Criminal Appeals | |
Dominque Simons v. State of Tennessee
The Appellant appeals the trial court’s summary dismissal of his motion to withdraw his guilty plea. The ruling of the trial court is affirmed. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Robert Dwight Davis, Alias
Robert Dwight Davis, alias (“the Defendant”), pleaded guilty to one count each of possession with intent to sell cocaine with priors, aggravated burglary, attempted aggravated robbery, and criminal impersonation. Pursuant to the plea agreement, the Defendant was sentenced to an effective sentence of sixteen years, to be suspended on “enhanced probation.” Upon the filing of a probation revocation warrant, the Defendant was taken into custody, and a revocation hearing was held. At the conclusion of the hearing, the trial court revoked the Defendant’s probation and ordered him to serve his original sentence in confinement. The Defendant timely appealed the trial court’s ruling. Upon a thorough review of the record, we affirm the trial court’s judgment. |
Knox | Court of Criminal Appeals | |
Steven Anderson v. State of Tennessee
Petitioner, Steven Anderson, filed what he designated was his fourth petition for habeas corpus relief attacking his 1994 convictions for aggravated robbery, especially aggravated robbery, and second degree murder. The convictions were the result of guilty pleas pursuant to a negotiated plea agreement resulting in an effective sentence of 50 years’ incarceration. The State filed a motion for summary dismissal because the claims had been brought three previous times, and no colorable claim was alleged. The habeas corpus trial court granted the motion and dismissed the petition for habeas corpus, and also a petition for writ of error coram nobis. The coram nobis petition is not in the appellate record. Petitioner appeals, and after a thorough review, we affirm pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Anthony Foster
The Defendant-Appellant, Michael Anthony Foster, was convicted by a Madison County Circuit Court jury of reckless endangerment and aggravated assault. The trial court merged the reckless endangerment conviction with the aggravated assault conviction and sentenced Foster to eight years in the Tennessee Department of Correction. On appeal, Foster argues that the evidence is insufficient to sustain his conviction for aggravated assault and that the trial court erred in denying alternative sentencing. Upon review, we affirm the judgment of the trial court but remand for entry of a corrected judgment showing that Foster was charged with and convicted of aggravated assault pursuant to Tennessee Code Annotated section 39-13-102(a)(1)(A)(iii), which is a Class C felony. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Terry Johnson
A Shelby County Criminal Court Jury convicted the appellant, Terry Johnson, of one count of second degree murder, three counts of attempted second degree murder, and one count of possession of a firearm during a dangerous felony. The trial court imposed a total effective sentence of twenty-six years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his convictions and the trial court’s refusal to allow the appellant to introduce evidence of the deceased victim’s involvement in an unrelated murder. Upon review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Anthony Washington v. State of Tennessee
The Petitioner, Anthony Washington, appeals as of right from the Shelby County Criminal Court’s dismissal of his petition for writ of error coram nobis. The Petitioner contends that the coram nobis court erred by summarily dismissing his petition as having been untimely filed and failing to state a cognizable claim. Discerning no error, we affirm the judgment of the coram nobis court. |
Shelby | Court of Criminal Appeals | |
Andre De La Rey Rossouw v. State of Tennessee
The Petitioner, Andre De La Rey Rossouw, pleaded guilty in 2001 to stalking. On July 27, 2012, the Petitioner filed a petition for writ of error coram nobis arguing that his guilty plea was constitutionally invalid. Following a hearing, the coram nobis court denied the petition, and the Petitioner timely appealed. After a careful review of the record, we affirm the judgment of the coram nobis court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Wayne Charles Green
Wayne Charles Green (“the Defendant”) pleaded guilty to theft of property of $60,000 or more. Pursuant to the plea agreement, the trial court sentenced the Defendant to a sentence of ten years. Following a sentencing hearing, the trial court ordered this sentence to be served in incarceration and ordered the Defendant to pay restitution of $123,901.22. On appeal, the Defendant argues that the trial court erred in denying probation or other alternative sentencing. After a thorough review of the record and the applicable law, we affirm the judgment of the trial court. |
Grundy | Court of Criminal Appeals | |
Fernandez Deon Davenport v. Arvil Champman, Warden
Fernandez Deon Davenport (“the Petitioner”) filed a petition for a writ habeas corpus regarding his conviction of second degree murder. The habeas corpus court summarily dismissed the petition, and this appeal followed. Upon our thorough review of the record and applicable law, we affirm the habeas corpus court’s judgment. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Erique Richardson
The Defendant, Erique Richardson, was convicted by a Shelby County Criminal Court jury of being a felon in possession of a handgun, a Class E felony. See T.C.A. § 39-17-1307 (2010) (amended 2013). He was sentenced as a Range II, multiple offender to three years’ confinement. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction and (2) the trial court denied his right to counsel. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Deshundric Dennis
The defendant, Deshundric Dennis, appeals his Shelby County Criminal Court jury conviction of aggravated assault, for which he received a three-year Range I sentence. On appeal, the defendant challenges the sufficiency of the convicting evidence. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Herlana Brewer
The Defendant, Herlana Brewer, challenges the trial court’s revocation of her community corrections sentence, imposition of full incarceration, and increase to the length of her effective sentence. Specifically, she contends that the trial court did not follow the requirements of Tennessee Code Annotated section 40-35-210 in revoking her community corrections sentence and improperly increased the length of her sentence on one of the offenses based upon her extensive criminal history and behavior. Upon consideration of the record and applicable authorities, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
David Neal Davis v. State of Tennessee
Petitioner, David Neal Davis, was indicted by the Rutherford County Grand Jury on four counts of aggravated sexual battery and one count of attempted aggravated sexual battery. The trial ended in a mistrial. Petitioner was subsequently charged in a superseding indictment with two counts of rape of a child, eight counts of aggravated sexual battery, solicitation of a minor, and attempted aggravated sexual battery. Petitioner was convicted of rape of a child, attempted rape of a child, seven counts of aggravated sexual battery, two counts of child abuse, and one count of attempted solicitation of a minor. See State v. David Neal Davis, No. M2009-00691-CCA-R3-CD, 2011 WL 1631828 (Tenn. Crim. App., at Nashville, Apr. 19, 2011), perm. app. denied, (Tenn. Aug. 31, 2011). He was sentenced to an effective sentence of twenty years. His convictions and sentence were affirmed on appeal. Id. at *1. Among other things, Petitioner subsequently sought post-conviction relief on the basis of ineffective assistance of counsel. After a lengthy post-conviction hearing, the post-conviction court denied relief, finding that Petitioner failed to show clear and convincing evidence that he received ineffective assistance of counsel or that he was otherwise entitled to post-conviction relief. Petitioner appeals, arguing that the post-conviction court improperly denied relief where trial counsel was ineffective for: (1) requesting a mistrial; (2) failing to adequately investigate the case, including failing to call certain witnesses at trial; (3) failing to request mental health records of the victim; (4) failing to use the prior recorded statement of the victim at trial; (5) failing to object to testimony regarding evidence of other crimes not charged in the indictment; (6) failing to properly cross-examine the mother of the victim; and (7) failing to object to the State’s usage of the video interview of Petitioner. Additionally, Petitioner complains that the post-conviction court improperly determined that one of Petitioner’s issues was not proper for post-conviction relief and that the cumulative effect of all the errors at trial did not violate Petitioner’s rights. After a thorough review of the record, we determine Petitioner failed to establish that he is entitled to post-conviction relief. Consequently, the judgment of the post-conviction court is affirmed. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Mohammed R. Islam
In the October 2011 term, Appellant, Mohammed Rafiqul Islam, was indicted by the Davidson County Grand Jury for two counts of especially aggravated kidnapping, three counts of aggravated assault, one count of aggravated burglary, and four counts of violation of an order of protection. Appellant pled guilty to two counts of kidnapping, three counts of aggravated assault, one count of aggravated burglary, and one count of violating an order of protection. The trial court sentenced Appellant to an effective sentence of fifteen years. On appeal, Appellant argues that the trial court erred in setting the length of the sentence, in denying alternative sentencing, and in imposing consecutive sentences. After a thorough review of the record, we conclude that there was no abuse of discretion. Therefore, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jimmie Lee Reeder
The appellant, Jimmie Lee Reeder, pled guilty in the Cheatham County Circuit Court to two counts of domestic assault and received consecutive sentences of eleven months, twenty-nine days to be served on supervised probation. Subsequently, the trial court revoked his probation and ordered that he serve the balance of his sentences in confinement. On appeal, the appellant contends that the trial court improperly combined his probation revocation hearing with a sentencing hearing for additional convictions and that the trial court should have dismissed the probation revocation proceeding because it violated his rights to due process and a speedy trial. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Cheatham | Court of Criminal Appeals | |
Antonio Dwayne Johnson v. State of Tennessee
The Petitioner, Antonio Dwayne Johnson, appeals the Montgomery County Circuit Court’s denial of his petition for post-conviction relief from his conviction of selling one-half gram or more of cocaine, a Class B felony, and resulting twelve-year sentence. On appeal, the Petitioner contends that he received the ineffective assistance of counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Michael Davis
The defendant, Michael Davis, appeals his Shelby County Criminal Court jury conviction of second degree murder, challenging both the sufficiency of the convicting evidence and the trial court’s refusal to instruct the jury on accident. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
Carlos Rice v. State of Tennessee
The Petitioner, Carlos Rice, appeals the Shelby County Criminal Court’s denial of his motion to reopen post-conviction proceedings. After reviewing the record in this case, we conclude that the trial court properly denied the motion and that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Jacob Edward Campbell v. State of Tennessee
The petitioner filed pro se a writ of error coram nobis seeking relief from his first degree murder and robbery convictions. The trial court summarily denied relief and this appeal followed. We affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. William Cole Comer
The defendant, William Cole Comer, appeals his Knox County Criminal Court jury convictions of driving under the influence, failure to stop, and possession of drug paraphernalia, and his bench conviction of violating the implied consent law, claiming that the trial court erred by permitting the arresting officer to testify as an expert witness for purposes of admitting a cocaine field test. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Michael Wiss
In 2011, the Maury County Grand Jury indicted Appellant, Michael Wiss, for harassment by the electronic phone communication of text messaging. A jury convicted Appellant of harassment. He was then sentenced to eleven months and twenty-nine days and ordered to pay a $2500 fine. On appeal, Appellant argues that the evidence presented by the State at trial was insufficient to support his conviction. After a thorough review of the record, we affirm the judgment of the trial court and conclude that the evidence was sufficient to support Appellant’s conviction. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Laythaniel Haney, Jr.
The Defendant, Laythaniel Haney, Jr., was convicted by a Cocke County Criminal Court jury of the delivery of a controlled substance and received a fifteen-year sentence as a career offender. In this delayed appeal, he contends that the trial court erred by finding that 1) he was not prejudiced by jurors’ falling asleep during the trial and 2) he was not prejudiced by his being under the influence of drugs at the trial. We affirm the judgment of the trial court. |
Cocke | Court of Criminal Appeals |
