State of Tennessee v. Christopher Brandon Presley
The defendant, Christopher Brandon Presley, appeals the revocation of his probation. In August 2010, the defendant pled guilty to one count of aggravated burglary, a Class C felony, and one count of aggravated assault, a Class C felony. He received an effective ten-year sentence. The trial court suspended the defendant’s sentence and placed him on probation. One year later, a probation violation warrant was issued (and subsequently amended). Following a hearing, the trial court revoked the defendant’s probation and imposed his sentence. On appeal, the defendant claims that the trial court abused its discretion by revoking his probation. Following our review, we affirm the judgment of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Andrea Nichole Bean
The Defendant, Andrea Nichole Bean, pled guilty to the sale and the delivery of .5 grams or more of cocaine. At the sentencing hearing, the trial court merged the two convictions and imposed a sentence of sixteen years as a Range II, multiple offender to be served in the Department of Correction ("DOC"). In this direct appeal, the Defendant contends that the trial court erred in denying her an alternative sentence. After our review, we affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
Matthew Jackson v. State of Tennessee
The petitioner, Matthew Jackson, was convicted of four counts of aggravated robbery pursuant to a plea agreement and was sentenced to an effective ten years of incarceration. The petitioner filed a prior application for the writ of error coram nobis, the denial of which was affirmed on appeal. The petitioner brings this subsequent petition for the writ of error coram nobis, asserting various grounds for relief. The trial court denied the writ, noting that the claim was time-barred and that the petitioner failed to allege facts which would negate the knowing and voluntary nature of his pleas. After a review of the record, we affirm. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Thomas L. Agnew
The Defendant, Thomas L. Agnew, appeals from his Sullivan County Criminal Court conviction for third offense driving on a revoked or suspended license, a Class A misdemeanor. See T.C.A. § 55-50-504(a)(1), (2) (Supp. 2009) (amended 2010). The Defendant was sentenced to eleven months and twenty-nine days, with six months to be served in jail at 75%. On appeal, he contends that the trial court erred in imposing six months of confinement. We affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
Jackie Caldwell vs. State of Tennessee
The petitioner, Jackie Caldwell, appeals the Campbell County Criminal Court’s denial of her petition for post-conviction relief. The petitioner stands convicted of aggravated rape and is serving a twenty-two year sentence in the Department of Correction. On appeal, she raises the issues of ineffective assistance of counsel and an improper sentence. Following review of the record before us, we affirm the denial of relief. |
Campbell | Court of Criminal Appeals | |
State of Tennessee v. Ricky Ray Starnes
The appellant, Ricky Ray Starnes, pled guilty to a violation of a habitual traffic offender order, a Class E felony, and a violation of registration, a Class C misdemeanor. The trial court imposed a total effective sentence of two years. On appeal, the appellant challenges the trial court’s denial of community corrections. Upon review, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
David Ivy v. State of Tennessee
The Petitioner, David Ivy, appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief. A Shelby County jury convicted the Petitioner of premeditated first degree murder and sentenced him to death. The Tennessee Supreme Court affirmed the Petitioner’s conviction and sentence on direct appeal. See State v. Ivy, 188 S.W.3d 132 (Tenn. 2006). On appeal, the Petitioner asserts that (1) he is actually innocent of the offense; (2) counsel were ineffective in both phases of the trial and on appeal; (3) the State committed prosecutorial misconduct during closing arguments in both phases of the trial; (4) the application of the prior violent felony aggravating circumstance in Tennessee Code Annotated section 39-13-204(i)(2) was improper; (5) the Capital Defense Team of the Shelby County Public Defender’s Office is “constitutionally ineffective”; and (6) the death penalty is unconstitutional. We affirm the judgment of the trial court denying the Petitioner post-conviction relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Danielle Sims
The defendant, Danielle Sims, was convicted of aggravated statutory rape, a Class D felony, and contributing to the delinquency of a minor, a Class A misdemeanor, and received an effective sentence of three years, with eleven months, twenty-nine days to serve at 75% and the remainder on intensive state probation. On appeal, she argues that the evidence is insufficient to support her rape conviction. Following our review, we affirm the judgment of the trial court. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Thomas D. Taylor
This case is the consolidation of appeals by the Defendant, Thomas D. Taylor (a/k/a James Ray McClinton), of two cases, a direct appeal and the appeal from a the denial of a petition for a writ of error coram nobis. A Bradley County jury convicted the Defendant of especially aggravated kidnapping, a Class A felony, and aggravated assault, a Class C felony. The trial court imposed a sentence of sixty years, at 100%, for the especially aggravated kidnapping conviction and ten years, at 35%, for the aggravated assault conviction. The trial court ordered these sentences to run consecutively for a total effective sentence of seventy years. In his direct appeal, the Defendant contends the following: (1) for numerous reasons, he was denied his right to the effective assistance of counsel; (2) the trial court erred when it limited cross-examination of the victim; (3) prosecutors engaged in misconduct; and (4) the trial court erred in failing to consider new evidence presented during the motion for new trial. In the appeal from the trial court’s denial of his petition for writ of error coram nobis, the Defendant contends that the trial court erred when it denied his petition because the victim’s medical records contained newly discovered evidence. After consolidating the appeals and thoroughly reviewing the record and applicable authorities, in the Defendant’s direct appeal, we affirm the judgments of the trial court. In the Defendant’s appeal from his petition for a writ of error coram nobis, we affirm the judgment of the coram nobis court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Gregory N. Brown
Defendant, Gregory N. Brown, was charged in a two-count indictment with domestic aggravated assault and cruelty to animals. Defendant pled guilty to domestic aggravated assault, a Class C felony, and the cruelty to animals charge was dismissed. Following a sentencing hearing, the trial court sentenced Defendant to serve six years as a Range I standard offender in the Tennessee Department of Correction (TDOC). Defendant appeals his sentence and argues that the trial court erred by imposing the maximum sentence within the applicable range. Following our review of the record, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Charmon D. Copeland
The Defendant, Charmon D. Copeland, was convicted by a Davidson County Criminal Court jury of especially aggravated kidnapping, a Class A felony. See T.C.A. § 39-13-305 (2010). He was sentenced as a Range I, standard offender to twenty-five years’ confinement at 100% service as a violent offender. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction, (2) the prosecutor engaged in three instances of improper conduct, and (3) the trial court improperly sentenced him. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Terry Green
Terry Green (“the Defendant”) entered a best interest plea to one count of theft of property of $10,000 or more but less than $60,000, with no agreement as to his sentence. Following a sentencing hearing, the trial court denied judicial diversion and sentenced the Defendant to a term of four years, with four months to be served in confinement. The trial court suspended the remainder of the sentence, placing the Defendant on probation for a period of five years. On appeal, the Defendant contends that the trial court erred in denying the Defendant’s application for diversion and/or his request for full probation. The Defendant also claims that the trial court, in determining whether to grant or deny judicial diversion, erred in allowing “evidence of allegations of wrongdoing that had nothing to do with the case before the [c]ourt” and erred in “giving more weight to that evidence.” After a thorough review of the record and the applicable law, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Roger A. Beu, Jr.
A Roane County jury convicted the Defendant, Roger A. Beu, Jr., of sexual battery by an authority figure. The trial court sentenced the Defendant to three years as a Range I, standard offender, at thirty percent, to serve thirty days in jail, with the balance on probation. On appeal, the Defendant contends: (1) the trial court erred when it denied his motion for new trial based on the prosecutor’s improper comments to the jury during closing argument; (2) the trial court erred when it admitted into evidence the written statement of the victim; and (3) there is insufficient evidence to support his conviction. After a thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Roane | Court of Criminal Appeals | |
State of Tennessee v. Brian Le Hurst
Defendant was convicted of first degree (premeditated) murder after a trial by jury. He was sentenced to life in prison. On appeal, the defendant claims that the evidence is insufficient to support his conviction. The defendant also claims that the trial court erred by admitting three pieces of evidence: (1) an excerpt from a 911 call made by the victim several days before his death, in which the victim claimed to be "a little . . . concerned" about the defendant’s behavior; (2) testimony from one of the defendant’s friends to the effect that the friend did not believe that any affair had occurred between the defendant and the friend’s then-wife; and (3) testimony concerning various searches performed on the defendant’s computer involving the name "Missy." Finally, the defendant claims that the trial court erred by granting the State’s request for a special jury instruction concerning the destruction of evidence. After review, we conclude that the evidence is sufficient to support the defendant’s conviction and that the trial court did not err with respect to the evidentiary and jury instruction claims raised by the defendant. The judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Brian Le Hurst - Concurring
I respectfully concur in the results in this case. My departure relates to only one issue – the rationale for affirming the trial court’s admission into evidence a portion of a recording of the victim’s telephone call to the police in which the victim expressed his concern over the defendant’s behavior. Assuming that this evidence passes the hearsay barrier as evidence of the victim’s state of mind, I would have held that the victim’s state of mind as expressed in the recording was irrelevant to the issues on trial. I note that the recording itself does not express the date of the telephone call, but the prosecutor’s oral, in-court preface to the playing of the recording indicates to the trial court that the call was placed on June 5, 2008. Given the somewhat banal comment offered on the recording and the remoteness of nearly three weeks, I see no relevancy of the statement to the issues joined at trial. That said, I would have also held that the error was harmless. |
Davidson | Court of Criminal Appeals | |
Lawrence Ralph, Jr. v. State of Tennessee
The Petitioner, Lawrence Ralph, Jr., appeals as of right from the Warren County Circuit Court’s denial of his petition for post-conviction relief from his drug-related convictions and effective seventeen-year sentence. The Petitioner contends (1) that he received ineffective assistance from trial counsel; and (2) that he was denied access to legal materials that he needed to prepare to represent himself at trial. Following our review, we affirm the judgment of the post-conviction court. |
Warren | Court of Criminal Appeals | |
Julio Villasana v. State of Tennessee
Petitioner, Julio Villasana, appeals the post-conviction court’s denial of his petition for post-conviction relief. Petitioner was indicted by the Davidson County Grand Jury for two counts of aggravated vehicular homicide and one count of leaving the scene of an accident. Petitioner entered guilty pleas to one count of aggravated vehicular homicide, a Class A felony, and one count of leaving the scene of an accident resulting in death, a Class E felony. Following a sentencing hearing, Petitioner was sentenced by the trial court to the maximum sentence of 25 years for aggravated vehicular homicide and two years for leaving the scene of an accident. His sentences were ordered to run concurrently. This court affirmed Petitioner’s sentence on direct appeal. In his post-conviction petition, Petitioner asserted that he was denied the effective assistance of counsel and that his pleas were involuntarily and unknowingly entered. The post-conviction court denied relief following a hearing. After a careful review of the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Akeem T. Goodman
The Defendant, Akeem T. Goodman, was convicted by a Knox County Criminal Court jury of attempted first degree murder and especially aggravated robbery, Class A felonies. See T.C.A. §§ 39-13-202, -403 (2010). The trial court sentenced the Defendant to consecutive Range I terms of twenty-two years at 100% service as a violent offender for an effective forty-four-year sentence. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions and (2) the trial court erred by ordering consecutive sentences. We affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Walter Ray Carter v. State of Tennessee
The petitioner, Walter Ray Carter, pro se, appeals the trial court’s summary dismissal of his pleadings entitled “Motion of Ineffective Assistance of Counsel” and “Motion to Dismiss Indictment and/or Arrest Judgment” filed on July 18, 2011 in four separate cases. The motions sought relief from certain drug-related convictions entered in 1996 and in 2005. Following our review of the record, we conclude that the trial court was within its discretion to construe the pleadings as petitions for post-conviction relief which are now time barred pursuant to the statute of limitations. The summary dismissal is affirmed. |
Hamilton | Court of Criminal Appeals | |
Scotty V. Nunn v. Tony Howerton, Warden, et al
The Petitioner, Scotty V. Nunn, appeals the Morgan County Criminal Court’s summary dismissal of his petition for habeas corpus relief from his 1994 convictions for fraudulent breach of trust and misapplication of contract payments and resulting sentence of fourteen years. The Petitioner contends that he is entitled to relief because of an improper extradition from the Commonwealth of Virginia. We affirm the judgment of the trial court. |
Morgan | Court of Criminal Appeals | |
Mikel Hamrick v. State of Tennessee
A Shelby County grand jury returned a seven-count indictment against petitioner, Mikel Hamrick. He entered guilty pleas to four of the counts, including aggravated 1 burglary, especially aggravated stalking, domestic assault, and theft of property less than $500, for which he received an effective four-year sentence. The remaining counts were dismissed pursuant to the plea agreement. Petitioner sought post-conviction relief, alleging that his mental instability rendered his guilty pleas involuntary and that the infirmity was compounded by trial counsel’s failure to adequately advise him of the consequences of pleading guilty. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Donald Keith Solomon v. State of Tennessee
The Petitioner, Donald Keith Solomon, appeals as of right from the Bedford County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner contends that the post-conviction court erred by summarily dismissing his petition for being untimely filed. Discerning no error, we affirm the judgment of the post-conviction court. |
Bedford | Court of Criminal Appeals | |
Patrick Pope v. State of Tennessee
The petitioner, Patrick Pope, appeals the Maury County Circuit Court’s denial of his petition for post-conviction relief. The petitioner is currently serving an effective eleven-year sentence for aggravated burglary, aggravated assault, and aggravated robbery. On appeal, he contends that he was denied his right to the effective assistance of counsel at trial. Specifically, he contends that trial counsel was ineffective by failing to investigate possible alibi witnesses in preparing the case for trial. Following review of the record, we affirm the denial of post-conviction relief. |
Maury | Court of Criminal Appeals | |
Nathaniel Richardson v. State of Tennessee
Nathaniel Richardson (“the Petitioner”) entered a best interest plea to second degree murder and received a sentence of twenty years. The Petitioner subsequently filed for postconviction relief, which the post-conviction court denied following an evidentiary hearing. Upon our thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Pamela J. Booker
The Defendant, Pamela J. Booker, appeals the Sullivan County Criminal Court’s order revoking her probation for her three convictions for violating a habitual traffic offender order and ordering her to serve her effective fifteen-year sentence. On appeal, she contends that the court erred in ordering her to serve the sentence. We affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals |
