Wade P. Tucker v. State of Tennessee
The petitioner, Wade P. Tucker, appeals the summary dismissal of his pro se petition for writ of habeas corpus, arguing that the court erred in failing to consider his motion for appointment of counsel and that the indictment was defective so as to deprive the trial court of subject matter jurisdiction. After review, we affirm the summary dismissal of the petition. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Eric Pernell Taylor
Appellant, Eric Pernell Taylor, was on probation after entering guilty plea in the Montgomery County Circuit Court on January 7, 2011. On July 13, 2011, a probation violation warrant was issued alleging that Appellant had failed to report his arrest, failed to report to his probation officer, failed to pay litigation taxes, and tested positive for cocaine. He also admitted to the cocaine usage in writing. After holding a probation revocation hearing, the trial court revoked Appellant’s probation and ordered him to serve his sentence in incarceration. After a thorough review of the record, we conclude that the trial court did not abuse its discretion in revoking the probation or ordering the service of the sentence in incarceration. Therefore, we affirm the decision of the trial court. |
Montgomery | Court of Criminal Appeals | |
Derek Alton Badger v. State of Tennessee
Petitioner, Derek Alton Badger, was convicted of aggravated sexual battery after a jury trial in Bedford County. Petitioner’s challenge to the sufficiency of the evidence was unsuccessful on appeal. See State v. Derek Alton Badger, No. M2009-01295-CCA-R3-CD, 2010 WL 3489173, at *1 (Tenn. Crim. App., at Nashville, Aug. 25, 2010), perm. app. denied (Tenn. Jan. 18, 2011). Subsequently, Petitioner sought post-conviction relief, arguing that he received ineffective assistance of counsel and that the trial court failed to advise him regarding sex offender registration and community supervision. After a hearing on the post-conviction petition, at which Petitioner presented several witnesses, the post-conviction court dismissed the petition. Petitioner filed a timely notice of appeal and seeks our review of the dismissal of the petition for post-conviction relief on the basis of ineffective assistance of counsel. After a thorough review of the record and applicable authorities, we affirm the judgment of the post-conviction court because Petitioner has failed to show by clear and convincing evidence that he is entitled to post-conviction relief. Accordingly, the judgment of the post-conviction court is affirmed. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Alvin Donnell Davis
The Defendant, Alvin Donell Davis, appeals the revocation of his probation by the Hamilton County Criminal Court. On appeal, the Defendant argues that the trial court was without authority to revoke his probation because his sentences had expired. After a review of the record, we conclude that the trial court did not abuse its discretion in revoking the Defendant’s probation on Count 2 of his convictions and affirm the trial court’s order of probation revocation and incarceration on that count. However, because the sentences in Counts 1 and 3 expired prior to the filing of the revocation warrant, the trial court lacked the authority to revoke the Defendant’s sentence on those counts; therefore, the orders of revocation and incarceration on Counts 1 and 3 are reversed and vacated. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. David Lamont Simpson
The defendant, David Lamont Simpson, was convicted of one count of aggravated robbery, a Class B felony. Thereafter, he was sentenced to a term of fifteen years, to be served at 100%, in the Department of Correction. On appeal, he contends that the evidence is insufficient to support his conviction. Because the defendant failed to file a transcript of the evidence on appeal, he is entitled to no relief, and the judgment of conviction is affirmed. |
Obion | Court of Criminal Appeals | |
Otis Maclin v. State of Tennessee
Otis Maclin ("the Petitioner") filed a petition for post-conviction relief from his convictions based upon guilty pleas to the offenses of kidnapping, sexual battery, and aggravated assault. In accordance with the plea agreement, the Petitioner received an effective ten-year sentence. In his petition, he argued that he was denied effective assistance of counsel in conjunction with his guilty plea 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 judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Chanda Langston v. State of Tennessee
Petitioner, Chanda Langston, pleaded guilty without a recommended sentence to six counts of forgery and one count of theft of property valued at $60,000 or more. The trial court imposed an effective sentence of twelve years in confinement. Following an unsuccessful direct appeal, petitioner now claims that trial counsel rendered ineffective assistance of counsel at the sentencing hearing. Following our review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Denzel Wallace v. State of Tennessee
The Petitioner, Denzel Wallace, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his conviction of second degree murder and resulting sentence of twenty years to be served at 100%. On appeal, the Petitioner contends that he did not enter his guilty plea knowingly and voluntarily and 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. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Kevin Gross
A Macon County jury convicted the Defendant, Kevin Gross, of criminal responsibility for facilitation of burglary and theft of property. The trial court sentenced the Defendant as a persistent offender to concurrent terms of four years and eight years, respectively, in the Tennessee Department of Correction. On appeal, the Defendant argues that the trial court erred in ruling that, if the Defendant chose to testify, the State could use his prior conviction for burglary of an automobile to impeach his testimony under Rule 609 of the Tennessee Rules of Evidence. After thoroughly reviewing the record and applicable authorities, we find that the trial court did not err when it ruled that the State could impeach the Defendant with his prior conviction for burglary of an automobile. Accordingly, we affirm the trial court’s judgment. |
Macon | Court of Criminal Appeals | |
Harvey Taylor v. State of Tennessee
The Petitioner, Harvey Taylor, pled guilty to rape, a Class B felony, and, pursuant to the plea agreement, the trial court sentenced him to twelve years in the Tennessee Department of Correction. The Petitioner timely filed a petition for post-conviction relief claiming that his guilty plea was not knowing and voluntary because he received the ineffective assistance of counsel. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s dismissal of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Kevin Potter
The Criminal Court for Campbell County sentenced the Defendant, Kevin C. Potter, to fifteen years of probation for multiple offenses that occurred between 2009 and 2011. In late 2011, the Defendant’s probation officer filed an affidavit seeking a probation violation warrant for the Defendant’s arrest. After a hearing, the trial court revoked the Defendant’s probation and ordered that he serve his sentence in confinement. On appeal, the Defendant contends he was denied a fair hearing on the probation violation warrant and that the trial court erred because it failed to make specific findings of fact. The State agrees, and it asks us to reverse the case and remand it to the trial court for an order containing specific factual findings based upon the proof adduced at the revocation hearing. After a thorough review of the record and applicable authorities, we agree with the parties. We, therefore, reverse the judgment of the trial court and remand for entry of an order that sets forth specific factual findings for the revocation of probation. |
Campbell | Court of Criminal Appeals | |
Antonio D. Vaughn v. State of Tennessee
The petitioner, Antonio D. Vaughn, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of counsel due to counsel’s failure to adequately communicate with him. After review, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Bobby Lee Johnson
The appellant, Bobby Lee Johnson, pled guilty to one count of possession of morphine with intent to sell, a Class B felony; one count of driving under the influence, a Class A misdemeanor; and one count of aggravated burglary, a Class C felony. See Tenn. Code Ann. §§ 39-17-417, 55-10-401, 39-14-403. Following a sentencing hearing, appellant was sentenced to an effective sentence of eight years to be served in confinement. In this appeal as of right, appellant contends that the trial court erred by denying his request for alternative sentencing. We affirm the trial court’s sentence. |
Davidson | Court of Criminal Appeals | |
Billy Joe Carter v. State of Tennessee
A Cocke County jury convicted the Petitioner, Billy Joe Carter, of first degree murder, first degree felony murder, and especially aggravated robbery. The jury sentenced him to life in the Department of Correction without the possibility of parole for the two first degree murder convictions, and the trial court sentenced him to 40 years in the Department of Correction as a Range II, multiple offender for the especially aggravated robbery conviction. On direct appeal, this Court ordered the trial court to merge the two first degree murder convictions, and we affirmed the Petitioner’s convictions in all other respects. State v. Billy Joe Carter, No. E2005-01282-CCA-R3-CD, 2007 WL 1515010 (Tenn. Crim. App. May 24, 2007), perm. app. denied (Tenn. Aug. 13, 2007). The Petitioner filed a petition for post-conviction relief claiming that he received the ineffective assistance of counsel because his trial counsel failed to request a pre-trial mental evaluation of him. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s dismissal of his petition. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Antwain Green
The defendant, Antwain Green, was convicted of two counts of attempted second degree murder of Anthony Fizer and Carrie Searcy, Class B felonies, and three counts of aggravated assaults on, Fizer, Searcy and Laura Dykes, Class C felonies. The aggravated assault convictions of Fizer and Searcy merged with the two attempted second degree murder convictions. The defendant was sentenced as a Range II offender to eighteen- year terms for each attempted murder conviction and a nine- year term for the aggravated assault conviction of Dykes, to be served consecutively to each other for an effective sentence of forty-five years. The defendant appeals his convictions and sentences, asserting that the evidence introduced at trial was insufficient to sustain the convictions, that a witness was improperly permitted to testify regarding one victim’s identification of the defendant, and that his sentences are improper and excessive. Having reviewed the record, we conclude that the evidence was sufficient to sustain the convictions, that the error in admitting the testimony regarding identification was harmless, and that the trial court did not abuse its discretion in sentencing. Accordingly, we affirm the judgments of convictions and sentences of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Leia Mellott
The Defendant, Leia Mellott, challenges her jury conviction for filing a false report, contending that the evidence presented at trial was insufficient to sustain her conviction. Following our review, we conclude that the evidence is insufficient to support the jury’s verdict that the Defendant made a knowingly false statement to law enforcement to obstruct their apprehension of a fugitive and reverse the judgment of the trial court. |
Hamblen | Court of Criminal Appeals | |
Abisai U. Maldonado v. State of Tennessee
The Petitioner, Abisai U. Maldonado, appeals as of right from the Shelby County Criminal Court’s summary dismissal of his petition for writ of habeas corpus. The Petitioner contends that he received an illegal, one-year sentence for a misdemeanor conviction. Following our review, we affirm the judgment of the habeas corpus court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Mousen Yisak Aden
A Davidson County jury convicted the Defendant, Mousen Yisak Aden, of aggravated robbery. The trial court sentenced the Defendant to eleven years in the Tennessee Department of Correction. On appeal, the Defendant asserts that the evidence is insufficient to support his conviction and that his sentence is excessive. After a thorough review of the record and applicable law, we affirm the trial court’s judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Mark Zane Gibson
Appellant, Mark Zane Gibson, was indicted by the Monroe County Grand Jury for one count each of aggravated sexual battery, rape, and incest. At the conclusion of trial, the jury convicted Appellant of attempted aggravated sexual battery and rape. The trial court sentenced Appellant to an effective sentence of fifteen years. On appeal, Appellant argues that the evidence was insufficient to support his convictions and that the trial court erred in setting the length of his sentences by not applying any mitigating factors and in denying his request for alternative sentencing. We conclude that the evidence was sufficient to support the convictions. With regard to his sentence, Appellant committed the crime between July 1, 1982, and June 7, 2005. Therefore, the prior sentencing law should apply to his sentence unless Appellant executed an ex post facto waiver. There is no such waiver in the record, and it appears that the trial court applied the new sentencing act when sentencing Appellant. Therefore, Appellant’s sentence must be reversed and a new sentencing hearing must be held. For these reasons, we affirm Appellant’s convictions and reverse his sentence and remand for a new sentencing hearing. |
Monroe | Court of Criminal Appeals | |
Timothy A. Baxter v. State of Tennessee
The Petitioner, Timothy A. Baxter, appeals the Circuit Court of Madison County’s dismissal of his petition for writ of error coram nobis. The State has filed a motion requesting that this Court affirm the trial court’s dismissal 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. |
Madison | Court of Criminal Appeals | |
Curtis Keller v. State of Tennessee
The Petitioner, Curtis Keller, appeals the Circuit Court of Lauderdale County’s denial of his pro se 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. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Gregory G. Spiceland
Following a jury trial, Defendant, Gregory G. Spiceland, was convicted of one count of initiating the process to manufacture methamphetamine and one count of promotion of methamphetamine manufacture. Following a sentencing hearing, the trial court sentenced Defendant to eight years and two years respectively for his convictions, and the sentences were ordered to run concurrently. Defendant was ordered to serve a sentence of split confinement with one year of his effective sentence in confinement and the remainder suspended on probation. In this direct appeal, Defendant contends that the trial court erred by ordering a sentence of split confinement. Specifically, Defendant argues that the trial court should not have found that Defendant was engaged in a pattern of criminal conduct and that Defendant’s failure to complete his presentence report indicated that Defendant would not be successful on probation. Defendant also contends that the trial court erred by not ordering Defendant to serve his sentence on community corrections. Following a review of the record, we find that the trial court abused its discretion by ordering Defendant to serve a full year of his sentence by incarceration. We therefore reverse Defendant’s sentence and modify it so that Defendant serves 30 days of his sentence in confinement with the balance of his effective sentence served on probation, and remand to the trial court for entry of a judgment in accordance with this opinion. |
Stewart | Court of Criminal Appeals | |
Evetta Mai McGee v. State of Tennessee
The petitioner, Evetta Mai McGee, appeals the denial of her petition for post-conviction relief. The petitioner entered an open plea to one count of rape and was subsequently sentenced to a term of eleven years in the Department of Correction. On appeal, she contends that her plea was not entered knowingly and voluntarily because she did not comprehend that a "best interest" plea was actually a plea of guilty. She further contends that her plea was not proper because trial counsel was ineffective in failing to adequately prepare and interview witnesses. Following review of the record, the denial of post-conviction relief is affirmed. |
Bedford | Court of Criminal Appeals | |
John Joseph Kratochvil v. State of Tennessee
The petitioner, John Joseph Kratochvil, appeals the denial of his petition for post-conviction relief. The petitioner pled guilty to second degree murder and received an agreed to sentence, out of range, of thirty-five years as a multiple offender. On appeal, he contends that his plea was not entered knowingly and voluntarily because he was denied his right to the effective assistance of counsel. Specifically, he contends that trial counsel was ineffective by: (1) failing to explain the difference between Range I and II sentences, sentencing outside of range, and the elements of the crime; (2) failing to inquire, investigate, or explain how the various circumstance in his case might have led to a competent defense involving "heat of passion"; (3) failing to investigate and move to suppress search warrants issued in the case; and (4) failing to inform the petitioner that the prosecution was statutorily required to provide a Notice of Enhanced Punishment within ten days of trial. Following review of the record, we affirm the denial of post-conviction relief. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. William Benton Pamplin
The Defendant, William Benton Pamplin, pled guilty to burglary of an automobile, vandalism, burning of personal property, and possession of a weapon by a felon. The trial court sentenced him to a six-year sentence, which was to be served on probation. The Defendant’s probation officer filed a probation violation warrant, alleging the Defendant had violated the terms of his probation by filing a false police report. After a hearing, the trial court agreed and revoked the Defendant’s probation. On appeal, the Defendant contends that the trial court improperly ordered him to serve the balance of his sentence in confinement. After a thorough review of the record and applicable authorities, we conclude that the trial court did not err when it revoked the Defendant’s probation and ordered the Defendant to serve the balance of his sentence in confinement. We, therefore, affirm the trial court’s judgment. |
Bedford | Court of Criminal Appeals |
