State of Tennessee v. Jackie J. Porter
The appellant, Jackie J. Porter, pled guilty in the Hardin County Circuit Court to possession of .5 grams or more of cocaine with intent to sell, a Class B felony, and the trial court imposed a sentence of eight years, six months with part of the sentence to be served on probation. On appeal, the appellant contends that the trial court erred by revoking his probation. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Hardin | Court of Criminal Appeals | |
Chudney Valaryck Goff v. State of Tennessee
The Petitioner, Chudney Valaryck Goff, appeals the Maury County Circuit Court’s denial of post-conviction relief from his two convictions for sale of one-half gram or more of cocaine in a drug-free school zone, a Class B felony, and his effective eight-year sentence. On appeal, the Petitioner contends that (1) the trial court failed to make findings of fact and conclusions of law required by Tennessee Code Annotated section 40-30-111(b) and (2) counsel provided ineffective assistance by failing (a) to provide the Petitioner with the State’s discovery materials before the Petitioner entered his guilty pleas, (b) to provide the Petitioner with a defense, and (c) to communicate adequately and effectively with the Petitioner. We affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. William Crayton
A Shelby County jury convicted the defendant, William Crayton, of criminal attempt to commit first degree murder, a Class A felony. The trial court sentenced him as a repeat violent offender to life without parole in the Tennessee Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence to support his conviction and argues that the trial court erred by not dismissing the second count of the indictment, employing a firearm during the commission of a dangerous felony, prior to trial. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Anthony T. Woods
The Defendant, Anthony T. Woods, was convicted by a McNairy County jury of one count of facilitation of intent to deliver less than 0.5 grams of cocaine and one count of simple possession of marijuana. The trial court sentenced the Defendant as a Range II multiple offender to six years for the facilitation conviction and to eleven months and twenty-nine days for the simple possession conviction. The Defendant now appeals. The Defendant claims that the trial court erred in: (1) denying his motion to suppress; (2) denying the Defendant’s request to introduce either an audio tape recording or a transcript of certain testimony from the preliminary hearing; and (3) finding sufficient evidence to support the convictions. After a careful review of the record, we conclude that the Defendant failed to file a timely motion for new trial before the trial court. Additionally, the Defendant failed to file a timely notice of appeal. Finally, he has made no request and offers no evidence to support this Court waiving the untimely notice of appeal in the interest of justice. Accordingly, we dismiss the Defendant’s appeal. |
McNairy | Court of Criminal Appeals | |
Jeffery Yates v. State of Tennessee
The Petitioner, Jeffery Yates, appeals the Lake County Circuit Court’s summary dismissal of his petition for habeas corpus relief from his 2003 conviction for aggravated robbery and resulting thirty-year sentence. The Petitioner contends that the trial court erred (1) by dismissing his petition without an evidentiary hearing regarding his claim for post-judgment jail credit and (2) by failing to address whether the sentence and judgment are void because the trial court relied on an invalid prior conviction to classify him as a Range III, career offender. We affirm the judgment of the trial court. |
Lake | Court of Criminal Appeals | |
Carl Ross v. State of Tennessee
The Petitioner, Carl Ross, appeals the Lauderdale County Circuit Court’s summary dismissal of his petition for habeas corpus relief from his 1995 convictions for two counts of attempted second degree murder, three counts of aggravated robbery, and one count of theft over $1000, and resulting sentence of 162 years’ confinement. The Petitioner contends that the trial court did not have jurisdiction to sentence him as a Range III, career offender. We affirm the judgment of the trial court. |
Lauderdale | Court of Criminal Appeals | |
Lemar Brooks v. State of Tennessee
The Petitioner, Lemar Brooks, appeals as of right from the Montgomery County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner contends that he received the ineffective assistance of both trial and appellate counsel regarding his convictions for two counts of premeditated first degree murder. Specifically, the Petitioner argues that (1) trial counsel was ineffective for failing to investigate and call two potential witnesses; (2) trial counsel was ineffective for failing to request a jury instruction regarding voluntary intoxication; (3) trial counsel was ineffective for failing “to request a jury out hearing” regarding the State’s cross-examination about a witness’ gang affiliation; (4) trial counsel was ineffective for failing to object to prejudicial remarks made by the State during closing arguments; (5) trial counsel was ineffective for failing to object “to the selective and vindictive prosecution by the State”; (6) trial counsel was ineffective for failing to request a jury instruction on the “physical facts” rule;(7)appellate counsel was ineffective for failing to raise the voluntary intoxication jury instruction issue on appeal; (8) appellate counsel was ineffective for failing to raise the issue of the State’s prejudicial remarks on appeal; (9) appellate counsel was ineffective for failing to raise the issue of the State’s “selective and vindictive prosecution” on appeal; (10) appellate counsel was ineffective for failing to challenge the standard of review used by the trial court in denying the Petitioner’s petition for writ of error coram nobis; (11) the cumulative effect of trial and appellate counsels’ errors establishes that their performance was deficient and that the Petitioner was prejudiced by their performance. Following our review, we affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Timothy Leon McKenzie
The defendant, Timothy Leon McKenzie, pled guilty to theft of more than $10,000 and forgery, receiving an agreed term of ten years probation in conjunction with a grant of judicial diversion. Also included in the plea agreement was a condition that the defendant pay the victim of the crimes $157,900 in restitution at a rate of $1315 per month. Thereafter, the defendant was found to be in violation of his probation based upon his failure to report to his probation officer and failure to pay restitution as ordered. The trial court revoked the defendant’s probation and sentenced him to an effective sentence of six years, which the court ordered to be served in confinement. The court further reaffirmed restitution due in the amount of $156,000 and ordered that payment of such restitution be made a condition of the defendant’s parole. On appeal, the defendant asserts that: (1) the trial court erred by imposing a sentence of confinement; (2) the trial court lacked the authority to impose the special condition that ordered the defendant to make restitution when he was paroled; and (3) the court erred in imposing the full amount of restitution absent an inquiry into the defendant’s ability to pay. Following our review of the record, we conclude that the trial could did not err in ordering a sentence of confinement. However, the court did lack the authority to impose payment of restitution as a condition of parole and did fail to appropriately determine the amount of restitution in consideration of the defendant’s ability to pay. As such, remand is necessary for a determination of the proper amount of restitution in this case. |
Williamson | Court of Criminal Appeals | |
Aisha Wiggins v. State of Tennessee
The Petitioner, Aisha Wiggins, appeals the post-conviction court’s dismissal of her petition for post-conviction relief. We affirm the judgment of the post-conviction court. |
Dyer | Court of Criminal Appeals | |
Tracy Glenn v. State of Tennessee
The petitioner, Tracy Glenn, appeals the denial of her petition for post-conviction relief from her Class E felony theft conviction, arguing that she was denied a fair trial and received ineffective assistance of counsel because the jury was not instructed on facilitation as a lesser-included offense. Following our review, we affirm the denial of the petition. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Antonio Turner
The defendant, Antonio Turner, was convicted by a Shelby County jury of attempted first degree murder, especially aggravated kidnapping, and especially aggravated robbery, all Class A felonies, and was sentenced by the trial court as a Range I offender to concurrent terms of twenty-five years in the Department of Correction for each conviction. The sole issue he raises on appeal is whether the evidence was sufficient to sustain his convictions. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. John C. Crim
A jury convicted the Defendant-Appellant, John C. Crim, of eight counts of rape of a child, Class A felonies, and six counts of aggravated sexual battery of a child less than thirteen years old, Class B felonies. The trial court sentenced him to an effective 212-year sentence in the Tennessee Department of Correction. On appeal, the defendant argues that (1) the trial court erred in denying his motion to suppress; (2) the evidence was insufficient to support his convictions; and (3) his sentence is excessive. Upon our review, we affirm the denial of the motion to suppress and the judgments of conviction. We further agree with the state that the matter should be remanded for a new sentencing hearing. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Ryan Mallady
Defendant-Appellant, Kenneth Ryan Mallady, was found not guilty by reason of insanity for the offenses of first degree premeditated murder, attempted first degree premeditated murder, and aggravated assault. He appeals the trial court’s order denying discharge from involuntary commitment under the terms of a mandatory outpatient treatment program. Mallady argues that the trial court’s finding that he was unsuitable for discharge was in error because it contradicted the clear weight of the evidence. Upon review, we reverse the judgment of the trial court and remand for the entry of an order discharging Mallady to mandatory outpatient treatment. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Sidney S. Stanton, III
The Defendant, Sidney S. Stanton, III, appeals from the Warren County Circuit Court’s order denying the Defendant relief from the assistant district attorney general’s denial of pretrial diversion. After a hearing, the trial court affirmed the denial of diversion and found no abuse of prosecutorial discretion but granted the Defendant’s motion for this interlocutory appeal. The Defendant contends that the assistant district attorney general abused his discretion by denying the Defendant’s application for pretrial diversion and that the trial court erred in declining to grant certiorari, finding that there was no abuse of prosecutorial discretion. Following our review, we affirm the judgment of the trial court. |
Warren | Court of Criminal Appeals | |
RonAllen Hardy v. State of Tennessee
The petitioner, Ronallen Hardy, filed a petition for post-conviction relief from his four felony convictions and the accompanying effective sentence of life plus twenty-two years, alleging that his counsel were ineffective. The post-conviction court denied the petition, and the petitioner now appeals. Upon review, we affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Marcus Donnell Jones
The Defendant entered a negotiated best interest plea to three counts of theft over $1,000. In accordance with the plea agreement, the Defendant received an effective sentence of six years, to be served on probation, and the State dismissed other pending charges against him. The parties agreed to allow the trial court to determine whether the Defendant’s probationary status should be governed by the judicial diversion provisions of Tennessee Code Annotated section 40-35-313. After a hearing, the trial court denied the Defendant’s request for diversion. The Defendant now appeals that judgment. After a thorough review of the record and relevant authorities, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Randy Ray McFarlin a/k/a Mac Ray McFarlane
The defendant, Randy Ray McFarlin, also known as Mac Ray McFarlane, appeals as of right his Rutherford County Criminal Court jury convictions of one count of first degree premeditated murder, see T.C.A. §39-2402(a) (1981), and one count of second degree murder, see id. § 39-2403(a), for which he received a sentence of life imprisonment. On appeal, he contends that the trial court erred by denying his motion to dismiss the indictment, that the evidence is insufficient to support his convictions, and that the trial court erred by admitting (1) scenes from the movie Miller’s Crossing, (2) evidence of the defendant’s and victim’s participation in a 1982 robbery, (3) evidence of the defendant’s abusive treatment of his ex-wife, and (4) photographs of the victim’s partially decomposed body. Discerning no error, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
Gary Joseph Latham v. State of Tennessee
Petitioner, Gary Joseph Latham, appeals from the post-conviction court’s dismissal of his petition for post-conviction relief following an evidentiary hearing. Petitioner asserts in this Court that he received ineffective assistance of counsel at the trial which resulted in his conviction for aggravated child abuse. He also argues that he is entitled to post-conviction relief because “the introduction of perjured testimony [at trial] invalidate[s] the conviction.” Finding no error, we affirm the judgment of the post-conviction court. |
Cumberland | Court of Criminal Appeals | |
James Leon Parker v. David R. Sexton, Warden
Petitioner, James Leon Parker, appeals the Johnson County Criminal Court’s denial of habeas corpus relief. Because we determine that Petitioner has failed to establish that his judgments were void or his sentences were expired, we affirm the denial of relief. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Tom Perry Bell
A Hamilton County Grand Jury returned an indictment against Defendant, Tom Perry Bell, for burglary, misdemeanor theft, possession of burglary tools, and vandalism valued at more than $10,000. Defendant subsequently pled guilty to burglary, a Class D felony. The trial court sentenced Defendant as a Range II, multiple offender, to eight years in the Department of Correction. On appeal, Defendant argues that his sentence is excessive because the trial court did not properly apply enhancement and mitigating factors. After a thorough review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Randy Flippo v. State of Tennessee
Randy Flippo (“the Petitioner”) filed for post-conviction relief, alleging (1) that he was denied effective assistance of counsel in conjunction with his guilty plea to theft of property between five hundred and one thousand dollars; and (2) that his plea was not voluntarily made. After an evidentiary hearing, the post-conviction court denied relief, and the Petitioner has appealed solely as to the ineffective assistance of counsel claim. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Moore | Court of Criminal Appeals | |
Michael V. Morris v. State of Tennessee
The petitioner, Michael V. Morris, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his conviction for aggravated robbery and resulting thirty-year sentence. On appeal, the petitioner contends that he received the ineffective assistance of counsel at trial and on appeal. Specifically, the petitioner contends that trial counsel failed to object to the trial court’s sentencing him in violation of ex post facto protections; that appellate counsel failed to address the lack of a written waiver of ex post facto protections;and that trial counsel failed to review discovery,namely a surveillance video of the robbery, with him. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Demeturus Alexander
The defendant, Demeturus Alexander, was convicted of aggravated robbery, a Class B felony, by a Shelby County Criminal Court jury and sentenced to ten years in the Department of Correction. On appeal, he challenges the sufficiency of the convicting evidence. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Sheddrick Harris
The defendant, Sheddrick Harris, appeals his Shelby County Criminal Court jury convictions of first degree felony murder, see T.C.A. § 39-13-202(a)(2) (2006), and especially aggravated robbery, see id. § 39-13-403. At the penalty phase of the trial, the jury found two enhancement factors beyond a reasonable doubt: “[t]he defendant was previously convicted of one (1) or more felonies, other than the present charge, whose statutory elements involve the use of violence to the person,” see id. § 39-13-204(i)(2); and “[t]he murder was knowingly committed, solicited, directed, or aided by the defendant, while the defendant had a substantial role in committing or attempting to commit, any . . . robbery,” see id. § 39-13-204(i)(7), and it unanimously imposed a sentence of life imprisonment without the possibility of parole, see id. § 39-13-204(f)(2). At a separate sentencing hearing concerning the especially aggravated robbery conviction, the trial court sentenced the defendant to 60 years’ incarceration as a career offender to be served consecutively to the life without parole sentence. In addition to challenging the sufficiency of the evidence to support his conviction of first degree felony murder, the defendant contends that the trial court erred by (1) imposing increased security procedures during trial, (2) denying his motion for mistrial, (3) limiting his cross-examination of a witness, and (4) excluding residual doubt evidence from the penalty phase of the trial. Discerning no paucity of evidence and no error, the judgments of the criminal court are affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. J'Menski Holt
A Madison County Circuit Court Jury convicted the appellant, J’Menski C. Holt, of aggravated robbery, and the trial court sentenced him to twelve years in the Tennessee Department of Correction. On appeal, the appellant contends that the evidence is insufficient to support his conviction and that his sentence is excessive. Upon review, we affirm the |
Madison | Court of Criminal Appeals |
