Kenneth Coleman Benefiel v. State of Tennessee
The Petitioner, Kenneth Coleman Benefiel, appeals the Henry County Circuit Court’s denial of post-conviction relief from his guilty plea to soliciting sexual exploitation of a minor by electronic means, a Class B felony. See T.C.A. § 39-13-529(a), (e)(1). On appeal, the Petitioner argues that he received ineffective assistance of counsel and that his guilty plea was entered unknowingly and involuntarily. Upon review, we affirm the judgment of the post-conviction court. |
Henry | Court of Criminal Appeals | |
George Campbell Jr. v. State of Tennessee
Petitioner, George Campbell, Jr., was convicted by a jury in Memphis of felony murder and aggravated assault and sentenced to life in prison in 1994. See State v. George Campbell, Jr., No. 02-C-01-9408-CR00165, 1996 WL 368224, at *1 (Tenn. Crim. App., at Jackson, June 28, 1996), perm. app. denied, (Tenn. Jan. 6, 1997). His convictions and sentence were affirmed on direct appeal. Id. Petitioner later sought post-conviction relief on the basis of ineffective assistance of counsel. The post-conviction court denied relief and this Court affirmed the decision of the post-conviction court. See George Campbell, Jr. v. State, No. W2002-00703-CCA-R3-PC, 2001 WL 1042112, at *1 (Tenn. Crim. App., at Jackson, Sept. 10, 2001), perm. app. denied, (Tenn. Dec. 27, 2001). Then Petitioner sought relief via the writ of habeas corpus on the basis that his convictions were void for various reasons. The trial court denied relief and this Court affirmed the denial of habeas corpus relief on appeal. See George Campbell, Jr. v. Bruce Westbrooks, No. W2002-02086-CCA-R3-CO, 2003 WL 22309471, at *1 (Tenn. Crim. App., at Jackson, Oct. 6, 2003). Petitioner also sought redress in the form of a motion of writ of error coram nobis in which he claimed that newly discovered evidence may have resulted in a different judgment at trial had the evidence been admitted at the trial. See George Campbell, Jr. v. State, No. W2007-00820-CCA-R3-CO, 2008 WL 2219305, at *1 (Tenn. Crim. App., at Jackson, May 28, 2008). This Court affirmed the dismissal of the petition for writ of error coram nobis on the basis that it was untimely and “nothing in the record implicate[d] any due process concerns that would require that the statute of limitations be tolled.” Id. at *2. Petitioner filed a second petition for writ of error coram nobis that is the subject of the appeal herein. After a hearing concerning the timeliness of the petition, the trial court entered an order finding that Petitioner’s claims were barred by the one-year statute of limitations pertaining to coram nobis petitions and that due process did not require the rolling of the statute of limitations. After a thorough review of the record, we agree with the determination made by the trial court. The petition was filed more than one year after the judgment became final. Further, Petitioner has shown no reason that due process would require the tolling of the statute. Accordingly, the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
Vershawn McCoy v. State of Tennessee
Petitioner, Vershawn McCoy, was convicted by a Shelby County jury for second degree murder. The trial court sentenced him to a twenty-year sentence to be served at 100%. He unsuccessfully appealed to this Court. State v. Vershawn McCoy, No. W2009-01222-CCA-R3-CD, 2010 WL 4540076 (Tenn. Crim. App., at Jackson, Nov. 9, 2010). Subsequently, he filed a petition for post-conviction relief arguing that he was afforded ineffective assistance of counsel. The post-conviction court denied the petition after an evidentiary hearing. Petitioner now appeals the denial of his petition. After a thorough review of the record, we conclude that Petitioner has been unable to prove either deficient performance on the part of trial counsel, or prejudice even if deficient performance had been found. Therefore, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Colton D. Whitelow
The Defendant, Colton D. Whitelow, was indicted for first degree premeditated murder, first degree felony murder, and aggravated assault. Following a jury trial, the Defendant was convicted of the lesser included offenses of voluntary manslaughter and reckless homicide and acquitted of the aggravated assault charge. See Tenn. Code Ann. §§ 39-13-211, -215. The trial court sentenced the Defendant to an effective ten-year sentence. In this appeal as of right, the Defendant contends (1) that the length of his sentences were excessive; and (2) that the trial court erred in imposing consecutive sentences. Following our review, we affirm the judgments of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Lamour Ashleigh Sligh
The defendant, Lamour Ashleigh Sligh, was charged by information in the Blount County Circuit Court with possession with intent to deliver not less than one-half ounce of marijuana, a charge to which he pleaded guilty in 2007, agreeing to a suspended, two-year, Range I sentence. Following a series of probation revocations, the trial court revoked the probation in 2012 and ordered the defendant to serve the balance of his original sentence. We affirm the trial court’s order. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Darquan Swift
A Shelby County grand jury indicted appellant, Darquan Swift, for one count of attempted first degree murder, one count of especially aggravated robbery, one count of attempted especially aggravated robbery, three counts of aggravated robbery, one count of attempted aggravated robbery, and one count of employing a firearm during commission of a dangerous felony in violation of Tennessee Code Annotated section 39-17-1324. Following a trial, a jury found him guilty of the lesser included offense of attempted second degree murder and guilty as charged on all remaining counts. The trial court sentenced appellant to an effective sentence of ninety-seven years in the Tennessee Department of Correction. He now appeals his convictions on the following grounds: (1) whether Tennessee Code Annotated section 39-17-1324 can be applied in a case involving robbery; (2) whether Tennessee Code Annotated section 39-17-1324 can be applied to lesser included offenses of the dangerous felony upon which the State relied; and (3) whether the trial court improperly limited the testimony of appellant’s expert witness. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Charlie Burks
The State filed a motion to correct a clerical error pursuant to Tennessee Rule of Criminal Procedure 36, seeking to clarify sentence alignment for three sentences imposed upon appellant, Charlie Burks. Following a hearing, the trial court entered an order clarifying that appellant’s sentences were to be served consecutively. It is from this order that he now appeals. Based on our review, we dismiss the appeal. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Daniel E. Pottenbaum, Sr.
The Petitioner, Daniel E. Pottebaum, Sr., contends that he received the ineffective assistance of counsel at his retrial and cites the following bases in support of that contention: (1) trial counsel’s failure to object to the Petitioner’s testimony from his first trial being read into the record at his second trial where he chose not to testify; (2) trial counsel’s failure to move for a severance of the domestic assault offense from the unrelated sexual abuse offenses; and (3) trial counsel’s failure to object to the jury instruction on flight. After reviewing the record and the applicable authorities, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Antonio Grandberry
Antonio Grandberry (“the Defendant”) was convicted by a jury of especially aggravated robbery. Pursuant to an agreement between the Defendant and the State, the trial court sentenced the Defendant to eighteen years’ incarceration. On appeal, the Defendant argues that the evidence presented at trial was insufficient to support his conviction. Additionally, the Defendant asserts that the trial court erred in not instructing the jury on the offense of facilitation of especially aggravated robbery. After a thorough review of the record and the applicable law, we conclude that the evidence is insufficient to support a conviction of especially aggravated robbery or any of the lesser-included offenses pertaining to robbery but is sufficient as to the lesser-included offense of aggravated assault. Accordingly, we modify the Defendant’s especially aggravated robbery conviction to aggravated assault and remand this matter for a new sentencing hearing. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Antonio Grandberry - Dissenting In Part and Concurring In Part
After review of the record in this case, I am unable to agree with majority’s conclusion that the evidence is insufficient to support the conviction for especially aggravated robbery. The majority bases is conclusion upon the fact that the evidence established only mere presence at the scene on the part of the Defendant rather than an intent to participate in the ongoing crime of robbery. The majority acknowledges that the Defendant is guilty of aggravated assault. I conclude that there is no logical reasoning behind the aggravated assault except in furtherance of the robbery. When “viewing the evidence in the light most favorable to the prosecution” as is the required standard, see Jackson, 443 U.S. at 319, I disagree that the evidence fails to establish that the Defendant “knowingly, voluntarily and with common intent joined with the principal offender in the commission of the robbery.” See Sherman, 266 S.W.3d at 408. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Dwaylan Dupree House
The Defendant, Dwaylan Dupree House, contends (1) that the evidence presented at trial was insufficient to support his jury convictions, (2) that the trial court erred in denying his motion for judgment of acquittal and motion for new trial, and (3) that the trial court’s imposition of a ten-year sentence and $2,882.22 in restitution was excessive. Following our review of the record and the applicable authorities, we affirm the Defendant’s convictions for vandalism and burglary, reverse the sentence imposed, and remand for resentencing. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Larry D. Rothwell
Appellant, Larry D. Rothwell, was convicted by a Rhea County jury of second degree murder and sentenced to twenty-one years in incarceration. After the denial of a motion for new trial, Appellant has presented the following issues for our review on appeal: (1) whether the trial court abused its discretion by excusing a juror; (2) whether the trial court abused its discretion by refusing to allow introduction of portions of a witness’s pretrial interview; (3) whether the trial court improperly excluded evidence about how the fight between Appellant and the victim started, determining that evidence from Betty Lewis was collateral; (4) whether the trial court improperly refused to enforce a subpoena for Betty Lewis on behalf of Appellant; (5) whether the trial court improperly denied Appellant the opportunity to impeach Brandy Smith; (6) whether the trial court improperly allowed hearsay testimony; (7) whether the trial court improperly excluded Randy Rothwell’s testimony about the description of a knife removed from the victim’s body; (8) whether the trial court improperly declared Randy Rothwell a hostile witness; (9) whether the trial court improperly excluded evidence of Brandy Smith’s prior felony conviction; (10) whether the trial court improperly denied the motion to suppress; (10) whether the evidence was sufficient to support the conviction; (11) whether cumulative errors of the trial court require reversal of the conviction; and (12) whether the sentence was excessive. After a review of the record, we determine that the evidence did not preponderate against the denial of the motion to suppress where the evidence supported a finding of exigent circumstances; the trial court did not err in excusing a juror; the trial court properly excluded impeachment of Brandy Smith by prior inconsistent statement where she admitted to an inconsistency in one prior statement and the other statement was not inconsistent; the trial court properly determined that the testimony of Betty Lewis was excluded by the collateral fact rule; the trial court properly admitted the statements of Randy Rothwell; the trial court properly excluded the testimony of Leo Andy about the knife on the victim’s person as hearsay; the trial court properly determined that Randy Rothwell was a hostile witness; the trial court did not abuse its discretion when it determined that the admission of Brandy Smith’s prior conviction was more prejudicial than probative; the evidence was sufficient to support the lesser included offense of second degree murder; and the trial court properly sentenced Appellant. Accordingly, the judgment of the trial court is affirmed. |
Rhea | Court of Criminal Appeals | |
State of Tennessee v. Larry D. Rothwell - Concurring
I concur in results only. My primary disagreement with the majority’s opinion is the reliance therein upon State v. Gilley, 297 S.W.3d 739 (Tenn. Crim. App. 2008) and State v. Schiefelbein, 230 S.W.3d 88 (Tenn. Crim. App. 2007) for the proposition that “Appellate review of hearsay issues is guided by the de novo standard of review.” Judge Witt wrote both of these scholarly opinions, and quite candidly, I am unable to conclude that the conclusion reached therein on the issue in question is not the most appropriate legal conclusion. Nevertheless, our supreme court cited Gilley in a footnote in Pylant v. State, 263 S.W.3d 854, 871 n.26 (Tenn. 2008) and declined to adopt the de novo standard of review. After noting that Judge Witt “advocates for review of . . . rulings on whether the proffered testimony was hearsay under a de novo standard of review” in his dissent in this court in Pylant v. State, No. M2005-02721-CCA-R3-PC, 2007 WL 1890178, at *12 (Tenn. Crim. App. June 29, 2007) (Witt, J., dissenting) (emphasis added), the supreme court, in effect, declined to accept what Judge Witt advocated as the definitive standard of review and concluded the footnote by stating, |
Rhea | Court of Criminal Appeals | |
State of Tennessee v. Herman McKinley
The defendant, Herman McKinley, was found guilty by a Shelby County jury of second degree murder, attempted first degree murder, two counts of aggravated assault with a deadly weapon, employing a firearm during the commission of a dangerous felony, and unlawful possession of a handgun as a convicted felony. Following a sentencing hearing, he was sentenced to an effective term of one hundred thirty-one years in the Department of Correction. On appeal, he challenges the sufficiency of the convicting evidence and the imposition of consecutive sentencing. Following review of the record, we affirm the convictions and sentences as imposed. |
Shelby | Court of Criminal Appeals | |
Sidney Porterfield v. State of Tennessee
The petitioner, Sidney Porterfield, was convicted of first degree murder and sentenced to death. His conviction and sentence were affirmed on direct appeal. See State v. Porterfield, 746 S.W.2d 441 (Tenn. 1988). After his petition for post-conviction relief was denied, the petitioner filed a motion to reopen post-conviction proceedings, maintaining that he was intellectually disabled and thus ineligible to be sentenced to death. Following an evidentiary hearing, the post-conviction court denied the petitioner relief, and the petitioner appealed. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael T. Shelby
In this State appeal, the Defendant, Michael T. Shelby, was indicted for promoting the manufacture of methamphetamine, possession of methamphetamine, and possession of drug paraphernalia. The Defendant filed a motion to suppress, claiming the search warrant lacked probable cause. After a suppression hearing, the trial court granted the Defendant’s motion to suppress, finding that the search warrant was legally defective, and suppressed the evidence seized pursuant to the warrant. The State appeals, contending that the trial court erred when it granted the Defendant’s motion to suppress because the informant provided sufficiently reliable information upon which the warrant could be properly issued. After a thorough review of the record and applicable authorities, we reverse the judgment of the trial court and remand the case for further proceedings consistent with this opinion. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Karen Jo Williams
Appellant, Karen Jo Williams, entered guilty pleas to forgery, two counts of theft of property valued at $500 or less, and violation of an order of protection. Pursuant to the plea agreement, the trial court imposed an effective four-year sentence to be served in community corrections and ordered the sentence to be served consecutively to a probationary sentence from Kentucky that she was serving at the time. Subsequently, the trial court held a revocation hearing, after which it revoked appellant’s community corrections sentence and ordered execution of her four-year sentence in the Tennessee Department of Correction. Appealing the trial court’s judgment, appellant raises the following issues: (1) whether a community corrections revocation warrant alleging violation of a direct order was valid when appellant’s Tennessee sentence had not yet begun; (2) whether an amended warrant alleging a new criminal conviction was invalid; and (3) whether the trial court abused its discretion in revoking her unserved community corrections sentence and ordering execution of her full sentence. Following our review, we affirm the judgment of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Justin E. Stinnett
The Defendant-Appellant, Justin E. Stinnett, appeals from the Sevier County Circuit Court’s order revoking his probation. Stinnett previously entered a guilty plea to robbery and received a ten-year suspended sentence after service of one year “day for day.” On appeal, Stinnett argues that the trial court erred in revoking his probation. Upon review, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Terry Michael Allen
The Defendant-Appellant, Terry Michael Allen, was indicted by a Hickman County Grand Jury for delivery of a Schedule III controlled substance, a Class D felony. See T.C.A. § 39-17-417 (2010). Pursuant to his plea agreement, Allen entered an open guilty plea to the charged offense in exchange for a sentence of two years as a Range I, standard offender, with the manner of service of the sentence to be determined by the trial court. The trial court subsequently ordered Allen to serve his sentence of two years in the Tennessee Department of Correction. On appeal, Allen argues that the trial court erred in denying him a sentence of full probation or an alternative sentence. Upon review, we affirm the judgment of the trial court. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Brandon L. Kirk
The Defendant, Brandon L. Kirk, contends (1) that the evidence presented at trial is insufficient to sustain his jury conviction for attempted second degree murder and (2) that the effective twenty-two year sentence imposed by the trial court is inconsistent with the purposes and principles of sentencing because the trial court failed to state the facts it considered in mitigation and to make the requisite findings to impose consecutive sentencing. After our review of the record and the applicable authorities, we affirm the judgments of the trial court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Lesergio D. Wilson
The defendant, Lesergio D. Wilson, appeals his Davidson County Criminal Court convictions of felony murder and especially aggravated robbery, claiming that the trial court erred by denying his motions to suppress both the statement he made to police and the evidence seized in his traffic stop, that the evidence was insufficient to support his convictions, and that the trial court erred by ordering consecutive service of his sentences. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
Chauncey Moore v. State of Tennessee
Petitioner, Chauncey Moore, was indicted by a Davidson County Grand Jury for one count of attempting to commit premeditated murder and one count of employing a firearm during the commission of a dangerous felony. He entered a guilty plea to the lesser included offense of attempt to commit manslaughter and employing a firearm during the commission of a dangerous felony. Pursuant to the plea agreement, Petitioner was sentenced to two years at thirty percent for the attempt to commit voluntary manslaughter conviction and six years at 100 percent for the employing a firearm during the commission of a dangerous felony conviction. Petitioner subsequently filed a petition for post-conviction relief arguing that he was afforded ineffective assistance of counsel and that he entered his guilty plea unknowingly and involuntarily. After a thorough review of the record, we conclude that Petitioner has failed to prove any of his allegations that counsel’s representation was ineffective and that his plea was entered knowingly and voluntarily. Therefore, we affirm the post-conviction court’s denial of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Paul Robert Carrier, Jr.
Appellant, Paul Robert Carrier, Jr., who was a police officer, was indicted by the Gibson County Grand Jury for one count of reckless homicide for a shooting death that occurred while he was on duty. Following a change of venue, he was tried by a jury in Montgomery County. The jury convicted him as charged. The trial court sentenced Appellant to two years incarceration and denied his request for judicial diversion. On appeal, Appellant argues that the trial court erred in allowing certain testimony at trial and in denying his request for judicial diversion. After a thorough review of the record, we conclude that the trial court did not err and affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Casey Colbert
Casey Colbert (“the Defendant”) was convicted by a jury of first degree felony murder; attempted aggravated robbery; employing a firearm during the commission of a dangerous felony; two counts of bribing a witness; and two counts of coercing a witness. The trial court sentenced the Defendant to life imprisonment for the murder conviction. After a hearing, the trial court merged the two convictions for coercing a witness into a single conviction and sentenced the Defendant to six years for the attempted aggravated robbery conviction; six years for the firearm conviction; six years for each of the bribery convictions; and four years for the coercion conviction. The trial court ordered partial consecutive service for an effective sentence of life plus twenty-two years, all to be served in the Tennessee Department of Correction. In this direct appeal, the Defendant contends that (1) the evidence is not sufficient to support his murder conviction; (2) the trial court erred in consolidating the offenses against the witness with the other offenses; (3) the prosecutor engaged in improper argument; (4) cumulative errors entitle him to a new trial; and (5) his sentence is excessive. Upon our thorough review of the record and the applicable law, we hold that the trial court committed error in consolidating the indictments. As to the Defendant’s convictions of first degree murder and attempted aggravated robbery, we hold that the trial court’s error was harmless. As to the Defendant’s convictions for bribing and coercing a witness, we hold that the error was not harmless. Accordingly, we reverse the Defendant’s convictions of bribing and coercing a witness and remand those charges for further proceedings. Because the Defendant did not employ a firearm during the commission of a “dangerous felony,” as that term is defined by statute, we reverse the Defendant’s conviction of that offense. We affirm the Defendant’s convictions of first degree felony murder and attempted aggravated robbery, and we remand this matter for a new sentencing hearing on those offenses. |
Shelby | Court of Criminal Appeals | |
Tony Arness Degraffreed v. State of Tennessee
The petitioner, Tony Arness Degraffreed, appeals from the denial of his petition for post conviction relief, wherein he challenged his Tipton County Circuit Court jury conviction of rape of a child. In this appeal, he contends that he was denied the effective assistance of counsel. Discerning no error, we affirm. |
Tipton | Court of Criminal Appeals |
