State of Tennessee v. Charles Edgar Ledford
The defendant, Charles Edgar Ledford, appeals from the Monroe County Criminal Court to challenge via certified questions of law his guilty-pleaded convictions of two counts of sexual exploitation of a minor, see T.C.A. § 39-17-1003, a Class D felony; child neglect, see id. § 39-15-402(a), a Class E felony; two counts of aggravated sexual battery, see id. § 39-13-504, a Class B felony; and two counts of rape of a child, see id. § 39-13-522, a Class A felony. The defendant received an effective sentence of 56 years to be served in the Department of Correction. The certified questions relate to law enforcement officers’ discovery and seizure of child pornography materials in the defendant’s house, which had been condemned for demolition by the City of Sweetwater. Upon our review, we hold that the certified questions are not dispositive of some of the convictions, and we dismiss the appeal relative to those convictions. As to the remainder of the convictions, including those for aggravated sexual battery and rape of a child, we hold that the defendant had no expectation of privacy in the seized materials and that the motion to suppress was properly denied. Thus, we affirm the trial court’s order with respect to these latter convictions. |
Monroe | Court of Criminal Appeals | |
David Wayne Britt v. Jerry Lester, Warden
The Petitioner, David Wayne Britt, appeals the Hardeman County Circuit Court’s denial of his petition for writ of habeas corpus. The State has filed a motion requesting that this Court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Jerome Maurice Teats
Jerome Maurice Teats (“the Defendant”) was convicted by a jury of one count of aggravated robbery and four counts of especially aggravated kidnapping. The trial court subsequently imposed an effective sentence of fifty years’ incarceration. In this direct appeal, the Defendant raises the following issues: (1) the trial court erred in denying his motion to suppress; (2) the trial court erred in denying his motion to disqualify the district attorney general’s office; (3) his convictions for especially aggravated kidnapping must be reversed on due process and double jeopardy grounds; (4) the trial court improperly instructed the jury on criminal responsibility; (5) the evidence was not sufficient to support his convictions; (6) cumulative error; and (7) his sentence is excessive. Upon our thorough review of the record and applicable law, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. William James Watt
A Davidson County jury convicted the Defendant, William James Watt, of three counts of rape of a child and three counts of aggravated sexual battery. The trial court sentenced the Defendant, a Range I, standard offender, to twenty-five years at 100 percent for each of the rape of a child convictions and to ten years at 100 percent for each of the aggravated battery convictions. The court ordered the Defendant to serve some of the sentences consecutively, for a total effective sentence of thirty-five years, at 100 percent. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain two of his convictions for rape of a child and one of his convictions for aggravated sexual battery; (2) the trial court erred when it denied his motion for substitution of counsel and to continue his trial; and (3) his sentence is excessive. After a thorough review of the record and applicable authorities, we affirm the trial court’s judgments. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jerome Maurice Teats - Dissent
I respectfully dissent from the result reached by the majority. First, I believe the trial court’s ruling regarding the admissibility of the Defendant’s statements is insufficient for us to conduct a proper review of the suppression issue. Second, I believe that the Defendant was entitled to a jury instruction regarding kidnapping pursuant to State v. White, 362 S.W.3d 559 (Tenn. 2012), and that the failure to give the instruction constitutes reversible error. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. John Thomas Hummons In Re: Danny Blankenship Bonding Company
Appellant bonding company, Danny Blankenship Bonding Company, filed a petition for exoneration of bond in the Madison County Circuit Court case of State v. John Thomas Hummons, case number 12-162. The petition was denied by the trial court. In this Tennessee Rule of Appellate Procedure 10 appeal by the appellant, we reverse the ruling of the trial court and remand with instructions for the trial court to enter an appropriate order granting the petition to exonerate Appellant bonding company from the defendant’s bond. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Ernest Jackson
Ernest Jackson (“the Defendant”) was convicted by a jury of sale and delivery of less than 0.5 grams of cocaine and possession of drug paraphernalia. Following a sentencing hearing, the trial court merged the Defendant’s conviction for delivery of cocaine into his conviction for sale of cocaine and sentenced the Defendant to an effective sentence of fifteen years’ incarceration. On appeal, the Defendant challenges the sufficiency of the evidence supporting his convictions for sale and delivery of cocaine. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
Roderick Sammual Chadwick v. State of Tennessee
Petitioner, Roderick Sammual Chadwick, was convicted by a jury of attempted voluntary manslaughter and aggravated assault, for which he received concurrent sentences of twelve years and fifteen years, respectively, as a Range III, career offender. Upon his guilty plea to another count in the indictment, being a felon in possession of a handgun, he received an additional six-year sentence to be served consecutively, for an effective sentence of twenty-one years. Following an unsuccessful direct appeal, petitioner filed the instant petition for post-conviction relief. The court denied relief after conducting an evidentiary hearing. This appeal follows, in which petitioner claims multiple instances of ineffective assistance at trial and on direct appeal. Upon our review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Charles Edward Wagner
Following a jury trial, appellant, Charles Edward Wagner, was found guilty of the following offenses: aggravated criminal trespass; two counts of aggravated assault; five counts of aggravated kidnapping; one count of especially aggravated kidnapping; one count of false imprisonment; and one count of kidnapping. The trial court imposed concurrent sentences of eleven months, twenty-nine days each for aggravated criminal trespass, false imprisonment, and assault; four years each for both counts of aggravated assault; ten years each on the five counts of aggravated kidnapping; nineteen years for especially aggravated kidnapping; and four years for kidnapping. Appealing his convictions and effective nineteen-year sentence, appellant raises the following issues: (1) ineffective assistance of counsel; (2) sufficiency of the convicting evidence; and (3) errors with regard to sentencing. Following our careful review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Teresa A. Junior
The defendant’s probation was revoked after a full evidentiary hearing, and he was ordered to serve his sentence in incarceration. On appeal, the defendant claims that the trial court abused its discretion by revoking his probation. Upon review, we find no abuse of discretion in the trial court’s decision, and we affirm the trial court’s judgment accordingly. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Ricco R. Williams-Concurring and Dissenting
I respectfully write separately to express departure from the majority with respect to the absence of the White instruction in the especially aggravated kidnapping convictions wherein M.R., K.R., and A.R. were respectively named victims. I emphasize that I do not disagree with the logic underlying the majority’s conclusion that due process principles do not impact these three convictions, the victims of which were not also named victims in accompanying felonies. Rather, I disagree with the implication emanating from Anthony that due process principles constrict the use of kidnapping convictions against victims even though those victims were not victims in any accompanying felony. This vestige of the Anthony regime should be specifically overruled, but I view that as a responsibility of our supreme court. |
Lauderdale | Court of Criminal Appeals | |
Michael Small v. State of Tennessee
Petitioner, Michael Small, was convicted of aggravated robbery and received a sentence of 20 years, to be served consecutively to his sentences for three prior aggravated robbery convictions. Petitioner appealed his sentence, and this court affirmed the judgment of the trial court. State v. Michael Small, No. W2010-00470-CCA-R3-CD (Tenn. Crim. App., Mar. 28, 2011), perm. app. denied (Tenn., July 15, 2011). A summary of the facts underlying Petitioner’s convictions in this case can be found in that opinion. Petitioner now appeals the trial court’s denial of his petition for post-conviction relief, in which he alleged that his trial counsel and appellate counsel were ineffective. Having reviewed the record before us, we affirm the judgment of trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ricco R. Williams
A jury convicted Ricco R. Williams (“the Defendant”) of five counts of especially aggravated kidnapping, two counts of aggravated robbery, one count of aggravated burglary, two counts of employing a firearm during the commission of a dangerous felony, and one count of unlawful possession of a firearm by a convicted felon. The Defendant appealed and contended, among other issues, that the evidence was not sufficient to support his convictions. Upon our review, this Court reversed the Defendant’s two convictions of employing a firearm during the commission of a dangerous felony and remanded those counts for a new trial; modified one of the Defendant’s aggravated robbery convictions to a conviction of the lesser-included offense of aggravated assault; reversed and dismissed the Defendant’s conviction of unlawful possession of a firearm by a convicted felon; and affirmed the Defendant’s convictions of and sentences for especially aggravated kidnapping, aggravated burglary, and the remaining aggravated robbery. See State v. Ricco R. Williams, No. W2011-02365-CCA-R3-CD, 2013 WL 167285, at *1 (Tenn. Crim. App. Jan. 14, 2013) (“Williams I”). Upon the Defendant’s application for permission to appeal, the Tennessee Supreme Court remanded the case to this Court for consideration in light of State v. White, 362 S.W.3d 559 (Tenn. 2012), and State v. Cecil, 409 S.W.3d 599 (Tenn. 2013). See State v. Ricco R. Williams, No. W2011-02365-SC-R11-CD (Tenn. Aug. 21, 2013). Upon our consideration of the Defendant’s especially aggravated kidnapping convictions in light of White and Cecil, we affirm the Defendant’s three convictions of especially aggravated kidnapping as to the victims A.R., K.R., and M.R. We reverse the Defendant’s two convictions of especially aggravated kidnapping as to the victims Timothy Currie and Sherita Currie and remand those charges for a new trial. Our previous holdings regarding the Defendant’s remaining convictions are unaffected by the remand and, thus, remain valid. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Jordan Peters
A Sullivan County Circuit Court Jury convicted the appellant of one count of delivering psilocin, a Schedule I drug, within 1,000 feet of a school, a Class A felony; one count of delivering psilocin, a Class B felony; and two counts of casual exchange, a Class A misdemeanor. After a sentencing hearing, the trial court merged each casual exchange conviction into a conviction for delivering psilocin and sentenced the appellant to an effective fifteen years in confinement. On appeal, the appellant contends that the evidence is insufficient to support the felony convictions; that the trial court erred by refusing to allow him to cross-examine the confidential informant (CI) about her prior convictions; that the trial court erred by refusing to allow him to question the CI and her husband about their prior drug use; that the trial court should have instructed the jury on entrapment; that cumulative errors warrant a new trial; and that his effective fifteen-year sentence is disproportionate to the crimes. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the trial court committed reversible error regarding the appellant’s cross-examination of the CI. Therefore, the appellant’s convictions are reversed, and the case is remanded to the trial court for a new trial. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Brian Alan Lambright
The defendant, Brian Alan Lambright, was convicted by a Davidson County Criminal Court jury of four counts of aggravated child abuse, Class A felonies, which the trial court merged into two convictions and sentenced the defendant to twenty-two years on each conviction, to be served consecutively, for an effective term of forty-four years in the Department of Correction. On appeal, the defendant challenges the sufficiency of the convicting evidence and the sentences imposed by the trial court. After review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Mario A. Reed v. State of Tennessee
The petitioner, Mario A. Reed, appeals from the denial of post-conviction relief by the Criminal Court of Montgomery County. He was convicted of aggravated burglary, two counts of aggravated rape, and theft under $500, and received an effective sentence of forty years in the Tennessee Department of Correction. In this appeal, he claims that he received ineffective assistance of trial and appellate counsel. Upon our review, we affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Samuel Blake Maness
The defendant, Samuel Blake Maness, was convicted of robbery, aggravated burglary, and assault and is currently serving an effective twelve-year sentence in the Department of Correction. On appeal, he contends that: (1) the evidence is insufficient to support his convictions; and (2) consecutive sentences were improperly imposed. Following review of the argument and record, we affirm the convictions and sentences. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Dwayne B. Harris
Defendant, Dwayne B. Harris, appeals from the trial court’s order revoking Defendant’s sentences of probation following a hearing in which violation of conditions of probation were admitted to by Defendant through his attorney. While acknowledging on appeal that violations of probation conditions had been admitted, Defendant asserts the trial court still erred by revoking probation and ordering him to serve his sentences in incarceration. The State argues the appeal should be dismissed because the notice of appeal was filed seven days late. Defendant admits the notice of appeal was late but requests this court to waive the timely filing of the notice of appeal. Under the circumstances, we decline to do so. Accordingly, the appeal is dismissed. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Timothy Aaron Baxter
The defendant, Timothy Aaron Baxter, appeals from his Madison County Circuit Court jury conviction of Class E felony failure to appear, see T.C.A. § 39-16-609, the result of which was a six-year sentence to be served in the Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence, the admission of hearsay evidence, the use of prior convictions to impeach the defendant as a witness, and the failure to suppress his pretrial statements recorded in a transcript of an earlier court appearance. Discerning no reversible error, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Cortino Harris
The defendant, Cortino A. Harris, stands convicted for driving on a cancelled, suspended, or revoked license, violation of the financial responsibility law, and violation of the registration law. He was sentenced to a term of six months in the county jail for the convictions, and the sentence was ordered to be served consecutively to a term imposed in a separate case. On appeal, the defendant challenges only the sufficiency of the convicting evidence with regard to the conviction for driving on a cancelled, suspended, or revoked license. Following review of the record and arguments, we affirm the convictions as imposed. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Christopher B. Tucker
The defendant was found by the trial court to be in violation of the terms of his community corrections sentence and ordered to serve the remainder of his sentence in confinement. On appeal, the defendant claims that the trial court abused its discretion by sentencing him to incarceration rather than to rehabilitation. After reviewing the record and the arguments of the parties, we discern no abuse of discretion. The judgment of the trial court is affirmed. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Ronnie Peter Wilson, III
The Defendant, Ronnie Peter Wilson, III, was convicted by a jury of aggravated robbery, a Class B felony, and conspiracy to commit aggravated robbery, a Class C felony. See Tenn. Code Ann. §§ 39-12-103, -12-107, -13-402. The trial court sentenced the Defendant to an effective twenty-year sentence to be served at one hundred percent. On appeal, the Defendant contends that the evidence was insufficient to sustain his convictions. Following our review, we affirm the judgments of the trial court. |
Jefferson | Court of Criminal Appeals | |
State of Tennessee v. Tamika Michelle Claybourne
The Defendant, Tamika Michelle Claybourne, challenges the trial court’s denial of alternative sentencing. After a review of the record and the applicable authorities, we discern no error in the trial court’s determinations and affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. James Johnson aka Guy Bonner
A Shelby County Grand Jury returned an indictment against Defendant, James Johnson a.k.a. Guy Bonner, charging him with aggravated burglary, theft of property more than $500 but less than $1,000, and resisting arrest. Following a jury trial, Defendant was convicted of aggravated burglary, theft of property less than $500, and resisting arrest. The trial court imposed a sentence of 11 months, 29 days each for the theft conviction and the resisting arrest conviction and fifteen years as a persistent offender for aggravated burglary. The trial court ordered the sentences to be served concurrently to each other but consecutively to the sentences in unrelated cases. On appeal, Defendant argues that the evidence was insufficient to support his convictions and that the State failed to give proper notice of its intent to seek enhanced punishment. After a thorough review of the record, we affirm defendant’s convictions for aggravated burglary, theft over $500, and resisting arrest. However, we remand the case for entry of a corrected judgment showing a sentence of six months, concurrent with the sentences for aggravated burglary and theft over $500, for the Class B misdemeanor of resisting arrest. |
Shelby | Court of Criminal Appeals | |
Tom Perry Bell v. State of Tennessee
The Petitioner, Tom Perry Bell, filed a petition for post-conviction relief attacking his guilty-pleaded conviction for burglary and resulting eight-year sentence. The post-conviction court denied relief following an evidentiary hearing, finding that the Petitioner had failed to prove his allegations by clear and convincing evidence. In this appeal as of right, the Petitioner contends that trial counsel was ineffective at sentencing principally by failing to discover or challenge several errors in the presentence investigation report regarding his criminal history. After our review, we affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals |
