State of Tennessee v. Lamar Parrish Carter
This is an interlocutory appeal, pursuant to Tennessee Rule of Appellate Procedure 9, from the trial court’s grant of a mistrial based upon a “manifest necessity.” The Defendant, Lamar Parrish Carter, appeals the trial court’s ruling, arguing that his attorney’s cross-examination of a co-defendant about her range of punishment, which was also the range of punishment for the Defendant, was not improper and did not warrant a mistrial. After a thorough review of the record and the relevant law, we affirm the trial court’s judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Lamar Parrish Carter - Concurring
In this case, Defendant filed a motion to dismiss the indictment pursuant to the constitutional protections afforded him to be protected from double jeopardy. Defendant asserts in this interlocutory appeal that the trial court erred by denying the motion. I concur in the results reached by the majority, but write separately to express my opinion that the only justifiable reason for the trial court to deny the motion was the Defendant’s failure to explicitly object to the declaration of a mistrial. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Josh L. Bowman
A Knox County Criminal Court Jury convicted the appellant, Josh L. Bowman, of three counts of first degree felony murder, one count of especially aggravated kidnapping, one count of especially aggravated robbery, two counts of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony. After the jury announced its verdicts, the appellant pled guilty to one count of employing a firearm during the commission of a dangerous felony when, at the time of the offense, the appellant had a prior felony conviction. The trial court merged the murder convictions, merged the burglary convictions, merged the employing a firearm convictions, and sentenced the appellant to an effective sentence of life plus sixty years in confinement. On appeal, the appellant contends that the trial court erred by failing to suppress his statement to police, by allowing the State to show a transcript of his statement simultaneously with his video-recorded statement, and 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 failing to instruct the jury properly pursuant to White constitutes reversible error. Therefore, the appellant’s conviction for especially aggravated kidnapping must be reversed and the case remanded to the trial court for a new trial as to that offense. |
Hickman, Houston | Court of Criminal Appeals | |
State of Tennessee v. Josh L. Bowman - dissenting opinion
I concur in that portion of the majority opinion which holds the trial court did not err by denying the appellant’s motion to suppress his statement. I disagree with the remaining parts of the opinion and therefore would affirm all the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Stanley Abernathy James
The Defendant, Stanley Abernathy James, was convicted by a Knox County Criminal Court jury of second degree murder, a Class A felony, for which he is serving a twenty-five-year sentence. In this appeal, the Defendant contends that the evidence is insufficient to support his conviction. We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Carlos Smith
The defendant, Carlos Smith, appeals his Shelby County Criminal Court jury convictions of two counts of attempted second degree murder, two counts of aggravated assault, and one count each of aggravated robbery, especially aggravated burglary, employing a firearm during a dangerous offense, and being a convicted felon in possession of a handgun, claiming that the trial court erred by denying his motion to sever offenses and that the State violated the tenets of Brady v. Maryland, 373 U.S. 83 (1963). Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
William Paul Eblen v. State of Tennessee
The Petitioner, William Paul Eblen, appeals from the Knox County Criminal Court’s denial of his petition for writ of error coram nobis. The Petitioner contends that the coram nobis court erred in concluding that testimony from two witnesses alleging that the victim later recanted her allegations against the Petitioner was not credible. Following our review, we affirm the judgment of the coram nobis court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Samuel Glass
In this appeal as of right, the State contends that the trial court erred by setting aside the jury verdicts of attempted second degree murder and entering judgments of acquittal for those counts based upon the doctrine of transferred intent. Also in this appeal, the defendant challenges his convictions of first degree premeditated murder, felony murder, and attempted first degree murder on grounds that the evidence was insufficient to support those convictions. Because the trial court erred by setting aside the jury verdicts of attempted second degree murder, the judgments effecting those verdicts and the 12-year sentences are reinstated. The judgments of the trial court are affirmed in all other respects. |
Knox | Court of Criminal Appeals | |
Randy Clayton Norman v. State of Tennessee
The Petitioner, Randy Clayton Norman, appeals the Maury County Circuit Court’s denial of his petition for post-conviction relief from his conviction of second degree murder and resulting fifteen-year sentence. On appeal, the Petitioner contends that he received the ineffective assistance of trial and appellate counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Maury | Court of Criminal Appeals | |
Shelvy Baker v. State of Tennessee
The Petitioner, Shelvy Baker, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his conviction of second degree murder and resulting twenty-five-year sentence. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Darryl Jerome Moore v. State of Tennessee
The Petitioner, Darryl Jerome Moore, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his guilty pleas to conspiracy to deliver 300 grams or more of cocaine, possession with intent to deliver 300 grams or more of cocaine, conspiracy to deliver 300 pounds or more of marijuana, money laundering, possession with intent to deliver ten pounds or more of marijuana, and unlawful possession of a weapon after having been convicted previously of a felony drug offense, and his resulting effective sentence of ninety-three years in confinement. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel and that he pled guilty unknowingly and involuntarily. Based upon the record and the parties’ briefs, we affirm the post-conviction court’s denial of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Billy Wayne Vestal
Appellant, Billy Wayne Vestal, entered a guilty plea to aggravated assault without a recommended sentence. Following the sentencing hearing, the trial court sentenced him to serve five years in the Tennessee Department of Correction (“TDOC”). Appellant challenges the sentence as being excessive. Upon our review, we discern no error and affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Sarah Lynn Hannon
Appellant, Sarah Lynn Hannon, pleaded guilty to possession with intent to sell or deliver 0.5 grams or more of cocaine in exchange for a sentence of ten years and dismissal of all remaining charges. Per the terms of the plea agreement, the parties left determination of the manner of service of her sentence to the trial court. Following a sentencing hearing, the trial court ordered that appellant serve her ten-year sentence in the Tennessee Department of Correction. It is from this judgment that appellant now appeals. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Albert Lamont Bennett, Jr.
A Davidson County Criminal Court Jury convicted the appellant, Albert Lamont Bennett, Jr., of attempted aggravated assault and attempted aggravated burglary. The trial court sentenced the appellant as a Range III, persistent offender to ten years for each offense, to be served consecutively, for a total effective sentence of twenty years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his convictions and the sentences imposed by the trial court. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Brian Wesley Lacey v. State of Tennessee
Petitioner, Brian Wesley Lacey, appeals from the trial court’s dismissal of his petition for post-conviction relief following an evidentiary hearing. Petitioner asserts he received ineffective assistance of counsel at the trial and on appeal. After a thorough review, we affirm the judgment of the trial court dismissing the petition for post-conviction relief. |
Davidson | Court of Criminal Appeals | |
Antonio Angel Onate v. State of Tennessee
Petitioner, Antonio Angel Onate, appeals from the Davidson County Circuit Court’s summary dismissal of his petition for post-conviction relief after a 2011 guilty plea to facilitation to sell cocaine weighing less than .5 grams. Petitioner argues that the trial court erred by concluding that the petition was untimely and that the one-year statute of limitations was not tolled. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
In the Matter of Lakita E. P. and Michael A. P.
A father’s parental rights to his two children were terminated on the grounds of abandonment by engaging in conduct exhibiting a wanton disregard for the welfare of the children, non-compliance with the permanency plan, and severe child abuse against children who resided with Father. He appeals, contending that the Department of Children’s Services failed to expend reasonable efforts to reunite him with the children and that termination of his rights was not in the children’s best interest. Finding no error, we affirm the judgment of the trial court. |
Clay | Court of Criminal Appeals | |
State of Tennessee v. Franklin D. Moore
The Defendant-Appellant, Franklin D. Moore, was convicted by a Madison County jury of driving under the influence (DUI), fourth offense, and sentenced to two years in the Tennessee Department of Correction. The sole issue presented for our review is whether the evidence is sufficient to support the conviction. Upon our review, the judgment of the trial court is affirmed. |
Madison | Court of Criminal Appeals | |
Glenard Thorne v. State of Tennessee
A Davidson County jury convicted, the Petitioner, Glenard Thorne, of two counts of aggravated robbery, one count of aggravated burglary, two counts of facilitation of aggravated rape, and two counts of especially aggravated kidnapping, and the trial court sentenced him to a fifty-two year effective sentence. This Court affirmed the judgments and sentence on appeal. State v. Lance Sandifer, et. al, No. M2008-02849-CCA-R3-CD, 2010 WL 5343202, at *1 (Tenn. Crim. App., at Nashville, Dec. 21, 2010), perm. app. denied (Tenn. May 26, 2010). The Petitioner timely filed a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. On appeal, the Petitioner contends that he received the ineffective assistance of counsel at trial. After a thorough review of the record and applicable authorities, we conclude that the post-conviction court did not err when it dismissed the petition. The post-conviction court’s judgment is, therefore, affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Gai D. Kuot
The defendant, Gai D. Kuot, was convicted by a Davidson County Criminal Court jury of premeditated first degree murder, first degree felony murder, and especially aggravated robbery. The court merged the murder convictions and sentenced the defendant to life imprisonment. The court imposed a concurrent sixteen-year sentence on the especially aggravated robbery conviction. On appeal, the defendant argues that: (1) the trial court erred in denying his motion to dismiss for lack of a speedy trial; (2) the trial court erred in admitting, over his objection, hearsay statements of Sammy Sabino; and (3) the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Kurt Gadke
The Defendant-Appellant, Kurt Gadke, entered a guilty plea to driving under the influence (DUI) in exchange for a sentence of eleven months and twenty-nine days probation after service of forty-eight hours in jail. As a condition of his guilty plea, the Defendant-Appellant reserved a certified question of law challenging the denial of his motion to suppress which was based upon an alleged unconstitutional stop and arrest. Following our review, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
Randy Lynn Shelby v. State of Tennessee
Petitioner, Randy Lynn Shelby, timely filed a pro se petition for post-conviction relief which attacked his convictions for two counts of aggravated burglary and one court of especially aggravated kidnapping. After appointment of counsel and the filing of an amended petition, the trial court held an evidentiary hearing, at which only Petitioner and his trial counsel testified. The trial court dismissed the petition for post-conviction relief and Petitioner appeals. We affirm. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Bobby Stanley George
Appellant, Bobby Stanley George, was indicted by a Davidson County grand jury for attempted especially aggravated kidnapping; driving while under the influence of an intoxicant (“DUI”), fourth offense; and driving with a revoked license. At trial, he was found guilty of all counts. The trial court sentenced him to eleven years, two years, and six months, respectively, with all sentences to be served concurrently. Following the denial of his motion for a new trial, appellant argues in this appeal that: (1) there was insufficient evidence to support the conviction for attempted especially aggravated kidnapping; (2) the trial court erred in instructing the jury on involuntary intoxication; and (3) the trial court erred in sentencing him to eleven years for attempted especially aggravated kidnapping. Upon our review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Dustin Shawn Price
The defendant, Dustin Price, was convicted by a Davidson County Criminal Court jury of first degree felony murder, first degree premeditated murder, two counts of reckless endangerment, and three counts of attempted first degree murder. The two first degree murder convictions were merged, and the defendant received an effective sentence of life plus 40 years in the Department of Correction. On appeal, he argues that the trial court erred by: (1) denying his motion to sever offenses; (2) admitting jail house recordings of his telephone conversations with a Davidson County Jail inmate; (3) allowing the prior testimony of a witness under Tennessee Rule of Evidence 803(26); and (4) ordering consecutive sentencing. Following our review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jordan Mansfield Looper
Appellant, Jordan Mansfield Looper, pleaded guilty to attempted second degree murder, with the length and manner of service of his sentence to be determined by the trial court. The trial court sentenced him to serve twelve years in confinement. On appeal, appellant argues that the trial court erred in its sentencing by using an inapplicable enhancement factor and denying an alternative sentence. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals |
