State of Tennessee v. Kevin Anthony Graham
The Defendant-Appellant, Kevin Anthony Graham, entered a guilty plea in the Hawkins County Criminal Court to the charged offense of theft of property valued at $10,000 or more but less than $60,000, a Class C felony, and requested that the trial court grant him judicial diversion or an alternative sentence. The trial court subsequently sentenced Graham to three years’ incarceration. On appeal, Graham argued that the trial court erred in denying (1) judicial diversion and (2) an alternative sentence. After reviewing the record on appeal, we reversed the trial court’s denial of alternative sentencing and remanded the case to the trial court with instructions to enter an order sentencing Graham to serve ninety days’ confinement in the Hawkins County Jail with the remainder of his three-year sentence to be served on supervised probation. See State v. Kevin Anthony Graham, No. E2011-01382-CCA-R3-CD, 2012 WL 3594361, at *12 (Tenn. Crim. App. Aug. 22, 2012). The State filed a Rule 11 application, pursuant to the Tennessee Rules of Appellate Procedure, requesting permission to appeal the case to the Tennessee Supreme Court. On January 8, 2013, the Tennessee Supreme Court granted the application and remanded the case to this court for reconsideration in light of State v. Bise, 380 S.W.3d 682 (Tenn. 2012), and State v. Caudle, 388 S.W.3d 273 (Tenn. 2012). Upon reconsideration, we affirm the judgment of the trial court. |
Hawkins | Court of Criminal Appeals | |
State of Tennessee v. Christopher Lewis
A Putnam County jury convicted the Defendant, Christopher Lewis, of second degree murder, and the trial court imposed a fifteen-year prison sentence. On appeal, the Defendant contends that: (1) the evidence was insufficient to support his conviction; (2) the trial court erred by denying the Defendant’s motion to sequester the jury; (3) the trial court erred by admitting photographs of the body of the deceased; and (4) the trial court erred by allowing certain witness testimony. After a thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Christopher Lewis - Dissenting
I respectfully disagree with the majority’s holdings that the evidence was sufficient to convict the defendant of second degree murder. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Keith Bates
A jury convicted the defendant, Keith Bates, of aggravated robbery, a Class B felony, and he was sentenced to twelve years’ imprisonment. The defendant testified that he had been in jail around the time of the crime, and the State then questioned him about the timing of his imprisonment and release. On appeal, the defendant challenges the sufficiency of the evidence and the trial court’s decision to allow the State to question him about the timing of his release from jail. After a thorough review of the record, we conclude there was no error and affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Tina B. Carroll
Appellant, Tina B. Carroll, pleaded guilty to promotion of methamphetamine manufacture, a Class D felony, and received a two-year sentence, suspended to supervised probation. A violation of probation warrant was subsequently filed, alleging that she had violated her probation by testing positive for narcotic drugs and marijuana. Appellant now argues that one of the laboratory reports was admitted in violation of Tennessee Code Annotated section 40-35-311(c)(1) and that there is not substantial evidence to support the trial court’s ruling. Following our review, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
Derrick Johnson v. State of Tennessee
A Shelby County jury convicted the Petitioner, Derrick Johnson, of first degree murder and aggravated assault. The trial court imposed a life sentence for the first degree murder conviction, with a consecutive six-year sentence for the aggravated assault conviction, to be served in the Tennessee Department of Correction. The Petitioner appealed, and this Court affirmed the judgments of the trial court. State v. Derrick Johnson, No. W2008-02070-CCA-R3-CD, 2010 WL 3623619, at *10 (Tenn. Crim. App., at Jackson, Sept. 20, 2010) perm. app. denied (Tenn. Feb. 17, 2011). The Petitioner filed a petition for post-conviction relief, which the post-conviction court denied after a hearing. On appeal, the Petitioner contends that the post-conviction court erred when it dismissed his petition because he received the ineffective assistance of counsel. After a thorough review of the record and applicable law, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
Anita Kay Broughton v. State of Tennessee
The petitioner, Anita Kay Broughton, appeals the denial of her petition for post-conviction relief. The petitioner was convicted of first degree premeditated murder and received a sentence of life with the possibility of parole. On appeal, she contends that she received ineffective assistance of counsel at trial. Specifically, she contends that trial counsel was ineffective by failing to pursue a defense of diminished capacity despite ample proof that the petitioner suffered from a mental condition. She also challenges the accuracy of the post-conviction court’s order denying relief. Following review of the record, we affirm the denial of post-conviction relief. |
Claiborne | Court of Criminal Appeals | |
Bruce Reliford v. State of Tennessee
After his previous guilty-pleaded convictions were vacated, petitioner, Bruce Reliford, pleaded guilty to aggravated robbery charges and was found guilty by a jury of felony murder. Following an unsuccessful direct appeal and denial of discretionary review by our supreme court, he filed the instant petition for post-conviction relief. The post-conviction court denied relief, and this appeal follows, in which petitioner alleges the following: (1) ineffective assistance of counsel by failing to properly communicate with him; (2) ineffective assistance of counsel by advising him to plead guilty to the aggravated robbery charges; and (3) the post-conviction court’s error in denying his motion to recuse. Following our thorough review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Cory Lee Jackson
The Defendant-Appellant, Cory Lee Jackson, was indicted by a Davidson County Grand Jury for theft of property valued at $10,000 or more but less than $60,000. At trial, the jury convicted Jackson of the lesser included offense of theft of property valued at $1000 or more but less than $10,000, a Class D felony. See T.C.A. § 39-14-103(a), -105(a)(3). The trial court sentenced him as a Range II, multiple offender to six years in confinement. On appeal, Jackson argues: (1) the evidence is insufficient to sustain his conviction; (2) the trial court abused its discretion in admitting evidence of his missed court dates on unrelated charges; (3) the trial court abused its discretion in admitting testimony regarding Budget’s loss regarding the rental vehicle; and (4) his sentence was excessive. Upon review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Shaun Anthony Davidson and Deedra Lynette Kizer
Following a traffic stop premised on a possible violation of Tennessee Code Annotated section 55-9-107 (the window tint statute), appellees were charged with several drug offenses. Appellee Shaun Anthony Davidson was indicted for possession with intent to sell or deliver 0.5 grams or more of cocaine in a drug-free zone. Appellee Deedra Lynette Kizer was indicted for possession or casual exchange of hydrocodone. Both appellees were indicted for possession or casual exchange of marijuana. The trial court granted the appellees’ motion to suppress evidence, ruling that Tennessee Code Annotated section 55-9-107(c) was unconstitutionally vague and overbroad. As a result, the case was dismissed. The State now appeals, arguing that Tennessee Code Annotated section 55-9-107(c) is constitutional. We reverse the ruling of the trial court, reinstate the indictment, and remand for further proceedings consistent with this opinion. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Shaun Anthony Davidson and Deedra Lynette Kizer - Concurring
I agree that Tennessee Code Annotated section 55-9-107(c) is not vague or overbroad, but such does not mean it is flawless. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Renitra Harlen
A Williamson County jury convicted the Defendant, Renitra Harlen, of two counts of theft of property valued at more than $1,000.00. The trial court sentenced the Defendant as a Range I, standard offender, to concurrent terms of two years, to be served on probation following the service of fourteen days in confinement. On appeal, the Defendant contends that: (1) the trial court erred when it allowed the State to introduce a handwritten list of stolen items prepared by store employees immediately after the shoplifting incident occurred; (2) the State failed to disclose a victim questionnaire in violation of the rules of discovery; (3) the trial court erred by failing to merge the two theft convictions; and (4) the evidence is insufficient to support her convictions. After a thorough review of the record and the applicable law, we remand to the trial court for the entry of modified judgments reflecting the merger of the Defendant’s two convictions and affirm the trial court in all other respects. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Lymus Levar Brown III
A Haywood County jury convicted appellant, Lymus Levar Brown, III, of aggravated robbery. The trial court sentenced him as a Range III offender to serve thirty years in the Tennessee Department of Correction, with a release eligibility of eighty-five percent. See Tenn. Code Ann. § 40-35-501(k)(1) (release eligibility for aggravated robbery conviction). On appeal, he argues that: (1) the evidence supporting his conviction was insufficient; (2) the trial court erred by allowing a witness to testify despite a violation of the rule of sequestration; (3) the trial court erred by not granting him a mistrial or some other remedy for the State’s failure to provide previously requested discovery; (4) his right to a speedy trial was violated; (5) the trial court erred by allowing the jury to hear that appellant was a convicted criminal; (6) the State failed to provide a sufficient chain of custody for the cellular telephone found at the crime scene; and (7) the trial court erred by considering his prior convictions during the sentencing hearing despite not having certified copies of said convictions. Following our review, we affirm the judgment of the trial court. |
Haywood | Court of Criminal Appeals | |
Samuel Ryan Hawkins v. State of Tennessee
The Petitioner, Samuel Ryan Hawkins, appeals from the denial of his petition for post-conviction relief attacking his conviction for aggravated child abuse. On appeal, the Petitioner contends that the post-conviction court erred in denying relief because trial counsel rendered ineffective assistance of counsel by failing to obtain an expert witness to rebut the State’s theory of shaken baby syndrome. Following our review, we affirm the denial of relief. |
Putnam | Court of Criminal Appeals | |
Bruce Elliot v. State of Tennessee
The Petitioner, Bruce Elliot, challenges the post-conviction court’s finding that he received the effective assistance of counsel at trial and its denial of post-conviction relief from his jury convictions for conspiracy to deliver 300 grams or more of cocaine within 1,000 feet of a school, conspiracy to possess 300 grams or more of cocaine, possession of 300 grams or more of cocaine, all Class A felonies; money laundering, a Class B felony; possession of over one-half ounce of marijuana and possession of a firearm by a convicted felon, both Class E felonies. The Petitioner contends that his trial counsel’s failure to file a motion to suppress the wiretaps on his telephone, which provided the basis for all evidence subsequently obtained against him, was deficient and that he was prejudiced by this deficiency. Upon consideration of the record and the applicable authorities, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Aldrick Lillard v. State of Tennessee
The Petitioner, Aldrick Lillard, appeals the Rutherford County Circuit Court’s denial of post-conviction relief from his convictions for first degree murder, especially aggravated robbery, aggravated burglary, and conspiracy to commit aggravated robbery. On appeal, the Petitioner argues that both his trial attorneys provided ineffective assistance of counsel in their failure to raise in the motion for new trial or on direct appeal the trial court’s denial of the Petitioner’s motion for mistrial. Upon review, we affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Charles Justin Woosley
Following a bench trial, the Defendant-Appellant, Charles Justin Woosley, was convicted of domestic assault, a Class A misdemeanor. See T.C.A. §§ 39-13-101, -111 (2010). He was sentenced to ninety days in the county jail, which the trial court suspended and ordered to be served on unsupervised probation. The sole issue presented for our review is whether the evidence is sufficient to support the conviction. Upon review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Michael T. Gibbs, Jr. v. State of Tennessee
Michael T. Gibbs, Jr. (“the Petitioner”) filed a petition for writ of habeas corpus in the Hamilton County Criminal Court, claiming that his sentences had expired. The habeas corpus court dismissed the petition, and the Petitioner now appeals. After a careful review of the record, we conclude that the Petitioner’s notice of appeal is untimely. Moreover, the Petitioner offers no reasons why the interests of justice would support a waiver of the filing deadline. Accordingly, we dismiss the Petitioner’s appeal. |
Roane | Court of Criminal Appeals | |
State of Tennessee v. Travis Lee Dobson
The Defendant, Travis Lee Dobson, pled guilty to one count of vehicular homicide as a Range I, standard offender, and the trial court imposed twelve years’ incarceration. On appeal, the Defendant argues that the trial court erred by imposing the maximum sentence and by denying any form of alternative sentencing. Following our review, we affirm the judgment of the trial court. |
Cannon | Court of Criminal Appeals | |
Gary Wayne Garrett v. Avril Chapman, Warden
This matter is before the Court upon the State’s motion to dismiss or in the alternative to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. Petitioner, Gary Wayne Garrett, has appealed the Wayne County Circuit Court order dismissing his second petition for writ of habeas corpus in which Petitioner alleged that the trial court failed to order mandatory pre-trial jail credits. Upon a review of the record in this case, we are persuaded that the trial court was correct in dismissing the petition and that this case meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the State’s motion is granted, and the judgment of the trial court is affirmed. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Clay Stuart Gregory
The Defendant-Appellant, Clay Stuart Gregory, was convicted by a Humphreys County jury of aggravated robbery, first degree felony murder, and premeditated first degree murder. The first degree murder convictions merged into a single conviction for which the trial court sentenced the Defendant to life in prison. The trial court then sentenced the Defendant to eight years for aggravated robbery to be served concurrently to his life sentence. On appeal, the Defendant argues: (1) the evidence is insufficient to sustain his convictions; (2) the trial court erred when it refused to grant the Defendant’s recusal motion; and (3) the trial court improperly denied the Defendant’s motion to suppress. Upon review, we affirm the trial court’s judgments. |
Humphreys | Court of Criminal Appeals | |
State of Tennessee v. Morris Wayne Adcock
Defendant-Appellant, Morris Wayne Adcock, was indicted by a Davidson County Grand Jury for aggravated assault and domestic assault. A jury convicted him of the lesser included offense of simple assault and the charged offense of domestic assault, Class A misdemeanors. The trial court merged the simple assault conviction with the domestic assault conviction and sentenced Adcock to eleven months and twenty-nine days in the county jail. On appeal, Adcock argues: (1) the trial court erred in failing to rule on the defense’s objection to one of the prosecutor’s questions to Joshua Jernigan; (2) the State committed prosecutorial misconduct; (3) the cumulative effect of the errors entitles him to relief; and (4) his sentence is excessive. Upon review, the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Keenan Scott McNeal
The Defendant, Keenan Scott McNeal, was convicted by a Blount County jury of possession of 0.5 grams or more of a substance ontaining cocaine with intent to sell or distribute within 1,000 feet of a child care facility, a Class B felony, and received a sentence of eight years in the Tennessee Department of Correction. The sole issue presented for our review is whether the evidence is sufficient to support the Defendant’s conviction. Upon our review, the judgment of the trial court is affirmed. |
Blount | Court of Criminal Appeals | |
Joseph L. Coleman v. State of Tennessee
The Petitioner, Joseph L. Coleman, appeals the Shelby County Criminal Court’s dismissal of his petition seeking a writ of habeas corpus. The Petitioner contends that the habeas corpus court erred when it dismissed his petition because his sentence is void and unconstitutional. Upon a review of the record in this case, we are persuaded that the habeas court properly dismissed the petition for habeas corpus relief. Accordingly, the judgment of the habeas corpus court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Demetrius Hollins
The defendant, Demetrius Hollins, appeals his Shelby County Criminal Court jury convictions of attempted second degree murder and especially aggravated robbery, challenging the sufficiency of the convicting evidence and the exclusion of certain evidence, as well as the imposition of consecutive sentencing. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals |
