Michael Lewis Freeman v. State of Tennessee
Petitioner, Michael Lewis Freeman, appeals the denial of his post-conviction petition. Specifically, Petitioner alleges that trial counsel was ineffective for failing to advise him to testify at trial in support of his claim of self-defense. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Thomas Edward Clardy v. State of Tennessee
For a 2005 shooting, a Davidson County jury convicted the Petitioner, Thomas Edward Clardy, of one count of first degree premeditated murder, two counts of attempted first degree premeditated murder, and three counts of reckless endangerment. The trial court imposed a life sentence. On December 8, 2020, the Petitioner filed a petition for a writ of error coram nobis, alleging newly discovered evidence in the form of an affidavit showing that he did not participate in the crime. The Petitioner acknowledged that he did not file the petition within the applicable statute of limitations but said he was entitled to an equitable tolling. The State agreed, and it asked the trial court for an equitable tolling and to hear the case on its merits. The coram nobis court, noting that it was not bound by the State’s concession, dismissed the petition as untimely. After review, we conclude that the coram nobis court erred and that the Petitioner is entitled to an equitable tolling of the statute of limitations. As such, we reverse and remand to the coram nobis court for a hearing on the Petitioner’s error coram nobis claims. |
Davidson | Court of Criminal Appeals | |
Blackthorn House, LLC v. First Volunteer Bank
This dispute involves a lender bank’s deed of trust for a leasehold interest related to real property on Lookout Mountain, Tennessee. After the trial court found, inter alia, that the deed of trust was no longer in effect and the bank’s interest in it ceased when the lease terminated, the lender appealed. The contractual issues before us are between the lender bank and the borrower’s landlord. We affirm the ruling of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Kadrean J. Brewster
Defendant, Kadrean J. Brewster, pled guilty to possession with the intent to sell more than 0.5 grams of cocaine. He was sentenced to eight-years split between one year in confinement and the remainder of the sentence on probation. Following revocation hearings, Defendant’s probation was revoked and Defendant was ordered to serve the balance of his sentence in confinement. On appeal, Defendant contends the trial court abused its discretion in revoking his probation and ordering him to serve the sentence in confinement. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Denzel Washington
Defendant, Denzel Washington, was convicted following a jury trial of possession of heroin with intent to sell or deliver within 1,000 feet of a childcare agency (Count 1), possession of fentanyl with intent to sell or deliver within 1,000 feet of a childcare agency (Count 2), possession of marijuana (Count 3) and delivery of heroin within 1,000 feet of a childcare agency (Count 4). The trial court ordered Defendant to serve an effective nineyear sentence. On appeal, Defendant argues that the evidence was insufficient to support his convictions and that his convictions in Counts 1 and 2 should have merged. Following our review of the entire record and the parties’ briefs, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Wallace Wade Tidwell
Following a trial, an Anderson County jury convicted Defendant, Wallace Wade Tidwell, of aggravated robbery, and Defendant was sentenced, as a career offender, to thirty years’ incarceration. On appeal, Defendant contends that the trial court erred in sentencing him as a career offender because the State failed to file a proper notice under Tennessee Code Annotated section 40-35-202(a). Defendant further contends that the trial court committed per se reversible error by instructing jurors that they could not question witnesses. Following a thorough review, we affirm the judgment of the trial court. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Toby Dunn
The Cocke County Grand Jury indicted Defendant, Toby Dunn, for attempted first degree murder in count one, aggravated assault in count two, employment of a firearm during the commission of a dangerous felony in count three, and possession of a firearm during the commission of a dangerous felony in count four. A jury found Defendant guilty in count one of the lesser-included offense of attempted second degree murder and guilty as charged in all other counts. At sentencing, the trial court merged counts one and two and merged counts three and four. The court sentenced Defendant to twelve years’ incarceration with a thirty percent release eligibility in count one and to a consecutive six years’ incarceration with a 100 percent release eligibility in count three. On appeal, Defendant argues that the trial court erred by limiting cross-examination of the victim, by excluding a video of the victim, and by admitting Defendant’s prior bad act. He also argues that the State failed to establish the chain of custody for the firearm, that the evidence was insufficient to support his convictions, and that his sentence was excessive. After a thorough review, we affirm the judgments of the trial court. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Dana Baker
The defendant, Dana Baker, challenges his Madison County Circuit Court convictions of one count of assault, see T.C.A. § 39-13-101(a)(1), and one count of obstructing or preventing the service of process, see id. § 39-16-602(c), on grounds that an alleged Fourth Amendment violation prohibited his convictions and that the evidence was insufficient to support his convictions. Because the evidence was insufficient to support either of the defendant’s convictions, the convictions are reversed, and the charges are dismissed. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Dana Baker DISSENT
I agree with the majority opinion that any alleged Fourth Amendment violation does not bar Defendant’s conviction. I respectfully disagree that the evidence did not show that Defendant intentionally prevented or obstructed the service of the criminal summons and recklessly assaulted officer Kelly Mason. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Patricia Kaye Wilkey
The Defendant, Patricia Kaye Wilkey, appeals her conviction of first degree premeditated murder, for which she received a sentence of life imprisonment. On appeal, the Defendant asserts that (1) the evidence is insufficient to support her conviction; (2) the trial court improperly limited defense counsel’s cross-examination of the State’s witnesses; (3) the trial court erred in admitting hearsay statements; (4) the State made improper comments during closing arguments; and (5) the trial court imposed an excessive sentence. Upon reviewing the record, the parties’ briefs and oral arguments, and the applicable law, we affirm the judgment of the trial court. |
Rhea | Court of Criminal Appeals | |
State of Tennessee v. Robert Daniel Owens, Jr.
The Defendant, Robert Daniel Owens, Jr., pleaded guilty to one count each of aggravated burglary, domestic assault, assault, and aggravated stalking, and he received an effective sentence of four years on supervised probation after service of eleven months, twenty-nine days in confinement, followed by a consecutive sentence of two years on unsupervised probation. A revocation warrant was issued, and following a hearing, the trial court found that the Defendant violated the conditions of his probation, revoked his probation, and ordered him to serve his sentences in confinement. On appeal, the Defendant contends that the trial court abused its discretion by ordering him to serve his sentences in confinement. Following our review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Jerry Louis Fitzgerald, Jr.
The Defendant, Jerry Louis Fitzgerald, Jr., was convicted at trial of sexual battery and possession of 0.5 grams or more of cocaine with the intent to sell or deliver, and he received an effective sentence of fourteen years in confinement. On appeal, the Defendant argues that the evidence was insufficient to convict him of sexual battery and that although he possessed the cocaine, the evidence was insufficient to support a finding that he intended to sell or deliver it. After review, we affirm the trial court’s judgments. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Mischa Knight Claiborne
Defendant, Mischa Knight Claiborne, was indicted by the Scott County Grand Jury for four counts of aggravated battery, one count of solicitation of a minor to commit aggravated sexual battery, nine counts of sexual battery, one count of rape, and one count of continuous sexual abuse of a child. Defendant pleaded guilty to four counts of attempted aggravated sexual battery, one count of solicitation of a minor, nine counts of sexual battery, one count of rape, and the continuous sexual abuse of a child charge was dismissed. Following a sentencing hearing, the trial court denied alternative sentencing and ordered Defendant to serve an effective 15 years’ incarceration. Defendant appeals his sentences as excessive. After a thorough review, we affirm the judgments of the trial court. |
Scott | Court of Criminal Appeals | |
State of Tennessee v. Daljit Singh
Defendant, Daljit Singh, appeals the criminal court’s dismissal of his general sessions appeal from payment of a traffic citation after he filed a motion to withdraw payment of the citation. Following our review of the entire record and the parties’ briefs, we affirm the judgment of the trial court. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Lee Potts
The Defendant, Jeffrey Lee Potts, appeals his jury conviction for attempted second-degree murder, for which he received a Range I sentence of twelve years’ incarceration. In this direct appeal, the Defendant alleges that (1) the evidence was insufficient to support his conviction; (2) the trial court erred by prohibiting the defense expert from testifying about the reasoning and science upon which he based his opinion of the Defendant’s mental condition at the time of shooting; (3) the trial court erred by denying the Defendant’s motion for a mistrial after the trial court stated in the jury’s presence that defense counsel could “rehabilitate” and “clean up” the expert’s testimony; and (4) the trial court erred in sentencing the Defendant, both in imposing the maximum sentence, as well as in imposing a sentence of continuous confinement. Following our review of the record and the applicable authorities, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Sedrick Darion Mitchell v. State of Tennessee
The pro se petitioner, Sedrick Darion Mitchell, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial and on appeal. Following our review, we affirm the |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Neal Scott Daniels
During a time when the Tennessee judicial system was grappling with the lingering effects of COVID-19, a Knox County jury convicted Defendant, Neal Scott Daniels, of driving under the influence of an intoxicant (“DUI”); driving with a blood alcohol level in excess of 0.08 percent (“DUI per se”); simple possession of marijuana; driving on a revoked license; failing to provide evidence of financial responsibility; DUI per se fourth offense; and DUI by impairment fourth offense. The trial court imposed a total effective sentence of two years to be suspended to four years on supervised probation after serving 150 days in jail. In this appeal as of right, Defendant contends that: 1) the trial court erred by denying his motion to continue on the grounds that courtroom procedures implemented in response to the COVID-19 pandemic interfered with his right to a fair trial; 2) his right to confrontation was denied when he was made to wear a face mask during trial; 3) his right to the effective assistance of counsel was denied by requiring trial counsel and jurors to wear masks; 4) the trial court erred by admitting the results of his blood alcohol test because a valid chain of custody was not established; 5) the judgments of conviction in counts 6 and 7 are invalid because the indictment failed to include the dates of Defendant’s prior convictions; and 6) there was insufficient evidence to support Defendant’s conviction for simple possession of marijuana. After a thorough review of the record, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Lesa Annette White McCulloch
The Defendant, Lesa Annette White McCulloch, appeals her convictions for one count of initiating the manufacture of methamphetamine, three counts of simple possession of a controlled substance, one count of possession of marijuana with the intent to sell, and one count of possession of unlawful drug paraphernalia, and her resulting sixteen-year sentence. The Defendant argues that (1) the trial court erred by denying the Defendant’s motion to suppress the evidence seized as a result of the search of the Defendant’s home; (2) the trial court erred by denying the Defendant’s motion to dismiss for the State’s failure to preserve material evidence and by declining to issue a special jury instruction; (3) the trial court erred by failing to instruct the jury on the lesser-included offense of facilitation of possession of marijuana with the intent to sell; (4) the trial court erred by admitting evidence of the Defendant’s prior bad acts; (5) the State committed prosecutorial misconduct during closing arguments by commenting on the Defendant’s intelligence; (6) the evidence was insufficient to support her convictions; and (7) the trial court erred in determining her sentencing range and by ordering partial consecutive sentencing. Following our review, we affirm; however, we remand the case for entry of a corrected judgment in Count 1 due to a clerical error. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. Desean Allen Blackman
The Appellant, Desean Allen Blackman, was convicted in the Madison County Circuit Court of two counts of aggravated sexual battery, a Class B felony, and received concurrent nine-year sentences to be served at one hundred percent. On appeal, the Appellant contends that the evidence is insufficient to support the convictions and that the trial court erred by allowing a law enforcement officer to testify that the Appellant invoked his right not to speak with the officer. Based upon the record and the parties’ briefs, we conclude that the evidence is sufficient to support the convictions. We also conclude that the trial court erred but that the error was harmless beyond a reasonable doubt. Accordingly, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Rashaud Deavon Watson
The petitioner, Rashaud Deavon Watson, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel and entered a voluntary and intelligent plea. Following our review, we affirm the post-conviction court’s denial of the petition. |
Montgomery | Court of Criminal Appeals | |
Christopher Desmond Simpson v. State of Tennessee
The petitioner, Christopher Desmond Simpson, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. After our review of the record, briefs, and applicable law, we affirm the denial of the petition. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. Nikos Burgins
The Defendant, Nikos Burgins, was convicted by a jury of five counts of aggravated rape, four counts of especially aggravated kidnapping, and one count of aggravated robbery, for which he received an effective sentence of ninety-six years’ incarceration. On appeal, the Defendant argues that (1) the evidence was insufficient to support his convictions for especially aggravated kidnapping, contending that the State failed to establish removal or confinement that exceeded the accompanying felonies and that the evidence only established one count of especially aggravated kidnapping per victim; (2) the trial court erred by allowing the State to impeach the Defendant with a prior aggravated assault conviction; (3) the trial court erred by allowing the two victims to be present in the courtroom prior to their testimony; and (4) the trial court erred by admitting evidence of the Defendant’s letters, averring that they were not properly authenticated. Following our review, we remand the case for the entry of corrected judgments reflecting one conviction for especially aggravated kidnapping per victim. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Mark Christopher Beasley
Following a bench trial, the defendant, Mark Christopher Beasley, was convicted in Case Number 20CR4 of two counts of violation of the conditions of community supervision for life; two counts of failure to appear; and one count of violation of the sexual offender registry and, in Case Number 21CR4, of two counts of violation of the conditions of community supervision for life; one count of tampering with, removing, or vandalizing a tracking device; and one count of tampering with evidence. The trial court imposed effective sentences of one year and four years, respectively, to be served consecutively for a total effective sentence of five years. On appeal, the defendant asserts the proof is insufficient to sustain his conviction for tampering with evidence in Case Number 21CR4 and, in the alternative, his convictions for tampering with evidence and tampering with, removing, or vandalizing a tracking device violate principles of double jeopardy. After review, we affirm the judgments of the trial court. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Mark Christopher Beasley DISSENT
I respectfully dissent with the portion of the majority opinion concluding that the evidence was sufficient to support the Defendant’s conviction for tampering with evidence. It bears repeating at the outset that while the focus of this appeal is on the tampering with evidence conviction, Tenn. Code Ann. Section 39-16-503, a Class C felony, the Defendant was also charged with and does not dispute his conviction of tampering with evidence pursuant to Tenn. Code Ann. Section 40-39-304, a Class A misdemeanor (requiring minimum of 180 service).2 In my view, the evidence adduced at trial failed to show that the Defendant had the requisite action and intent to conceal the GPS device by placing it in the trash can at a convenience store. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Jamar LaQuan Branden
The defendant, Jamar Laquan Braden, was convicted by a Marshall County jury of theft of property and unlawful possession of a weapon by a convicted felon for which he received an effective sentence of fifteen years in the Department of Correction. On appeal, the defendant argues: (1) the evidence is insufficient to sustain his convictions; (2) the trial court erred in denying his motion for new trial; and (3) the trial court erred in denying his motion for change of venue. Upon our review of the record, the applicable law, and the briefs of the parties, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals |
