State of Tennessee v. Myrtle B. Lambert
The defendant, Myrtle B. Lambert, appeals from her guilty-pleaded convictions of several counts of identity theft, forgery, and theft. On appeal, she argues that the trial court erroneously concluded that it was without jurisdiction to consider a pro se letter filed with the court on March 4, 2008, which, she claims, should have been treated as a motion to withdraw her guilty plea. Although we find the defendant's argument misplaced, we conclude that the court had jurisdiction to consider the defendant's March 4, 2008 letter as a notice that the defendant would proceed pro se until having counsel appointed and her March 25, 2008 letter as a filing challenging jurisdiction. Because the defendant, though technically represented by retained counsel, had expressed that her relationship with counsel had ended, we hold that the trial court should have considered the letter as a pro se motion for an arrest of judgment. Because the record before this court is insufficient to determine whether Sullivan County possessed territorial jurisdiction to convict the defendant, we remand to the trial court for further fact finding. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Andrew Hunter Heffel
The Defendant, Andrew Hunter Heffel, was charged with one count of driving under the influence of an intoxicant. Before trial, he moved to suppress certain incriminating statements he made. The trial court granted his motion to suppress. The State was granted an interlocutory appeal from the order of the trial court suppressing the Defendant's statements. We reverse the order of the trial court and remand for further proceedings. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Flint Green
The appellant, Flint Green, was convicted by a jury in the Sullivan County Criminal Court of possession of 26 grams or more of cocaine with the intent to sell, a Class B felony, and possession of marijuana, a Class A misdemeanor. The trial court imposed a total effective sentence of twenty years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his convictions and the trial court's refusal to grant his motion for a new trial based upon two jurors observing him "in custody" during trial. Upon review, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
Henry Zillon Felts v. State of Tennessee
Following a jury trial, the Petitioner, Henry Zillon Felts, was convicted of attempted first degree murder and aggravated burglary. He was sentenced to twenty-one years in the Department of Correction. This Court affirmed his convictions and sentences. See State v. Henry Zillon Felts, No. M2005-01215-CCA-R3-CD, 2006 WL 2563374 (Tenn. Crim. App., Nashville, Aug. 25, 2006). He subsequently petitioned for post-conviction relief. The Criminal Court of Sumner County found that the Petitioner received the ineffective assistance of counsel at trial because: (1) trial counsel failed to fulfill his promise to the jury that the Petitioner would testify; and (2) trial counsel failed to argue attempted voluntary manslaughter as a defense. The post-conviction court thus set aside the Petitioner's convictions and granted him a new trial. In this appeal, the State contends that the post-conviction court erred in granting the Petitioner relief. After our review, we affirm the judgment of the post-conviction court. |
Sumner | Court of Criminal Appeals | |
James P. Stout v. State of Tennessee
A Shelby County jury convicted the Petitioner, James Stout, of one count of especially aggravated robbery, and the trial court sentenced the Petitioner, a Range II offender, to forty years in the Tennessee Department of Correction ("TDOC"). The Petitioner filed a petition for habeas corpus relief, his second such petition, alleging that his conviction is void because: (1) his indictment was void because the grand jury foreperson issuing the indictment was appointed by a Shelby County trial judge; (2) his sentence is unconstitutional because, on the judgment of conviction, the trial judge checked both boxes indicating that his sentence should run at 35% and 100%. The habeas corpus court denied the petition, and the Petitioner appeals that judgment. Finding no error, we affirm the judgment of the habeas corpus court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Quortez Deshawn Duncan
The Defendant, Quortez Deshawn Duncan, was convicted by a Maury County jury of possession of .5 grams or more of cocaine with the intent to sell, a Class B felony. The trial court sentenced the Defendant to nine years in the Department of Correction, to be suspended after service of one year. In this direct appeal, the Defendant argues that the evidence is insufficient to support his conviction and that his sentence is excessive. Concluding that the evidence is sufficient and that the Defendant's sentence is consistent with our 1989 Criminal Sentencing Reform Act and its amendments, the judgment of the trial court is affirmed. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Anthony Cook
Following a jury trial, Defendant, Anthony Cook, was convicted of attempted first degree premeditated murder, a Class A felony, and two counts of aggravated assault, a Class C felony. The trial court sentenced Defendant as a Range I, standard offender, to twenty years for his attempted murder conviction and three years for each aggravated assault conviction. The trial court ordered Defendant to serve his sentences concurrently for an effective sentence of twenty years. On appeal, Defendant challenges the sufficiency of the convicting evidence and argues that the trial court erred in admitting into evidence the photographic lineup used by a State's witness to identify Defendant as the perpetrator of the offense. After a thorough review, we conclude as plain error that Defendant's convictions of the two counts of aggravated assault in addition to the conviction for attempted first degree premeditated murder violates double jeopardy principles. Accordingly, we merge Defendant's convictions of aggravated assault into his conviction of attempted first degree premeditated murder. We affirm the trial court's judgment as to Defendant's conviction of attempted first degree premeditated murder and his sentence of twenty years. We remand solely for the correction and entry of an appropriate judgment consistent with this opinion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Anthony Cook
Following a jury trial, Defendant, Anthony Cook, was convicted of attempted first degree premeditated murder, a Class A felony, and two counts of aggravated assault, a Class C felony. The trial court sentenced Defendant as a Range I, standard offender, to twenty years for his attempted murder conviction and three years for each aggravated assault conviction. The trial court ordered Defendant to serve his sentences concurrently for an effective sentence of twenty years. On appeal, Defendant challenges the sufficiency of the convicting evidence and argues that the trial court erred in admitting into evidence the photographic lineup used by a State’s witness to identify Defendant as the perpetrator of the offense. After a thorough review, we conclude as plain error that Defendant’s convictions of the two counts of aggravated assault in addition to the conviction for attempted first degree premeditated murder violates double jeopardy principles. Accordingly, we merge Defendant’s convictions of aggravated assault into his conviction of attempted first degree premeditated murder. Weaffirm the trial court’s judgment as to Defendant’s conviction of attempted first degree premeditated murder and his sentence of twenty years. We remand solely for the correction and entry of an appropriate judgment consistent with this opinion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Johnny L. Sapp
The appellant, Johnny L. Sapp, was found guilty of one count of possession of a motor vehicle from which the serial number has been removed in violation of Tennessee Code Annotated section 55-5-111 and two counts of altering the serial number on a motor vehicle in violation of Tennessee Code Annotated section 55-5-112. He received a total effective sentence of two years. On appeal, the appellant argues that the evidence was insufficient to support his convictions; that his convictions for possession of a motor vehicle from which the serial number had been removed and altering the serial number on a motor vehicle violate double jeopardy; and that the trial court erred in denying judicial diversion or probation. Upon review, we affirm the judgments of the trial court. |
Bledsoe | Court of Criminal Appeals | |
State of Tennessee v. Teddy Ray Mitchell
The Defendant, Teddy Ray Mitchell, appeals from his jury conviction in the Criminal Court of Hamblen County for disorderly conduct, a Class C misdemeanor, for which he received a sentence of thirty days in jail. In this appeal as of right, the Defendant contends (1) that the evidence is insufficient to support his conviction, (2) that his conviction violates his First Amendment right to free speech, and (3) that the trial court erred in admitting evidence of an altercation with another police officer that was contemporaneous to the offense. Following our review, we conclude that the evidence is insufficient to support the Defendant’s conviction of disorderly conduct. Accordingly, the Defendant’s conviction is reversed, and the case is dismissed. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Teddy Ray Mitchell - Dissenting
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Hamblen | Court of Criminal Appeals | |
Dock Walker v. Henry Steward, Warden
The pro se Petitioner, Dock Walker, appeals as of right from the Lauderdale County Circuit Court's summary dismissal of his petition for a writ of habeas corpus. The habeas corpus court denied the petition for failure to state a cognizable claim. Following our review, we affirm the judgment of the habeas corpus court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Willie Lewis
A Shelby County jury convicted the Defendant, Willie Lewis, of aggravated robbery. The trial court sentenced the Defendant as a career offender to thirty years in the Tennessee Department of Correction ("TDOC"). On appeal, the Defendant contends: (1) the evidence is insufficient to sustain his conviction; and (2) the trial court erred when it imposed an excessive sentence. After a thorough review of the record and applicable authorities, we affirm the trial court's judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Roy Rowe, Jr.
The Defendant, Roy Rowe, Jr., pled guilty to seventeen counts of sale of a controlled substance, and, after merging several of the counts, the trial court sentenced him as a Range I offender to an effective sentence of six years. The trial court imposed a split sentence, ordering that the Defendant serve 365 days in the county jail, with the remainder of his sentence to be served on probation. On appeal, the Defendant contends that the trial court erred when it enhanced his sentence to the maximum within the range. After reviewing the record and applicable authorities, we affirm the trial court's judgments. |
Marshall | Court of Criminal Appeals | |
Keith Dotson v. State of Tennessee
The Petitioner, Keith Dotson, filed a petition for post-conviction relief attacking his conviction of aggravated burglary on the basis of ineffective assistance of trial counsel. Following an evidentiary hearing, the post-conviction court denied relief based upon its finding that the Petitioner had failed to prove his allegations by clear and convincing evidence. In this appeal as of right, the Petitioner contends that trial counsel was ineffective in failing to investigate and prepare adequately for the fingerprint evidence presented at trial. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Willie Lewis
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Shelby | Court of Criminal Appeals | |
State of Tennessee v. Arealie Boyd
The defendant, Arealie Boyd, pled guilty to forgery over $1,000, a Class D felony, on March 30, 2009. After a hearing, the trial court sentenced her to a two-year sentence in the Shelby County Correctional Center, suspended all but thirty days of the sentence, and placed her on probation for six years. On appeal, the defendant challenges the length and manner of her sentence. Specifically, she contends that the trial court should have sentenced her as an especially mitigated offender to either full probation or judicial diversion. Additionally, the defendant contends that the trial court erred in allowing hearsay testimony at the sentencing hearing. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Stanley Harvill v. State of Tennessee
The petitioner, Stanley Harvill, appeals the circuit c 1 ourt’s order summarily dismissing his petition for writ of habeas corpus. Following our review of the record and the applicable law, we affirm the court’s order. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Oscar Joe Garcia
Following a jury trial, the defendant, Oscar Joe Garcia, was convicted of four counts of facilitation of attempted second degree murder, four counts of facilitation of aggravated assault, one count of felony reckless endangerment, and one count of possession of a weapon with intent to employ during the commission of an offense. The trial court merged the facilitation of aggravated assault convictions into the facilitation of attempted second degree murder convictions and sentenced the defendant, as a Range I standard offender, to six years for each of the facilitation convictions, two years for the felony reckless endangerment conviction, and eleven months, twenty-nine days for the weapon conviction. The court ordered the six-year sentences to be served consecutively and the remaining sentences to be served concurrently, for a total effective sentence of twenty-four years. On appeal, the defendant argues that the trial court erred in imposing consecutive sentences and in denying his motion to correct and/or reduce his sentence. Based upon our review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. D'Angelo Barnes and Monterrio Watson
Appellants, Monterrio Watson and D’Angelo Barnes, were both convicted by a Shelby County Jury of two counts of aggravated robbery. Appellants were both juveniles at the time of the offenses but were transferred to criminal court for trial as adults. Appellant Barnes was sentenced by the trial court to serve ten years for each conviction. The sentences were ordered to be served concurrently. Appellant Watson was ordered to serve eight years and six months for each conviction, to be served concurrently. Both Appellants filed timely motions for new trial. The trial court denied both motions and these appeals ensued. The appeals were consolidated by this Court. On appeal, the following issues are presented for our review: (1) whether the evidence is sufficient to support the convictions; and (2) whether the trial court properly denied Appellant Watson’s request for an acceptance hearing in criminal court after the transfer from juvenile court. After a review of the record, we determine that Appellant Watson waived the issue related to the transfer from juvenile court for failing to provide an adequate record on appeal. Moreover, Appellant Watson failed to file a motion for an acceptance hearing within ten days of the transfer order as required by Tennessee Code Annotated section 37-1-159(d). Further, we determine that the evidence was sufficient to support the convictions for aggravated robbery. Accordingly, the judgments of the trial court are affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Preston Rucker
The defendant, Preston Rucker, was convicted of especially aggravated robbery and especially aggravated kidnapping and sentenced, respectively, to concurrent sentences of twenty-four years and twenty years. On appeal, he argues that the evidence was insufficient to support the convictions, that the trial court erred in concluding that a police report was not admissible as an exception to the hearsay rule, and that the trial court imposed an excessive sentence. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jaroz Dantae Thomas
A jury convicted the defendant, Jaroz Dantae Thomas, of underage driving while impaired, a Class A misdemeanor. The trial court sentenced him to 11 months, 29 days of probation, supervised by Community Corrections; a $250 fine; suspension of his driver’s license for one year; and twenty-four hours of community service. On appeal, the defendant challenges his sentence. Following our review of the record, the parties’ briefs, and the applicable law, we affirm the judgment of the trial court but modify the defendant’s sentence to strike the 11 months, 29 days of probation. The case is remanded for entry of a corrected judgment consistent with this opinion. |
Madison | Court of Criminal Appeals | |
Rain Thomas Chesher v. State of Tennessee
The petitioner, Rain Thomas Chesher, appeals the Henry County Circuit Court’s dismissal of his petition for post-conviction relief. The state has filed a motion requesting that this court affirm the circuit court’s judgment pursuant to Rule 20 of the Tennessee Court of Criminal Appeals. We conclude that the state’s motion is meritorious. Accordingly, we grant the state’s motion and affirm the judgment |
Henry | Court of Criminal Appeals | |
State of Tennessee v. Timothy Dewayne Williams
The Defendant, Timothy Dewayne Williams, was convicted by a Tipton County Criminal Court jury of possession of a Schedule II controlled substance with intent to deliver, a Class B felony; evading arrest in a motor vehicle, a Class E felony; evading arrest, a Class A misdemeanor; and driving while his license was suspended, a Class B misdemeanor. In this appeal as of right, the Defendant argues that the evidence was insufficient to support his convictions. After reviewing the record, we affirm the judgments of the trial court as modified. |
Tipton | Court of Criminal Appeals | |
Kenneth L. Anderson v. State of Tennessee
The petitioner, Kenneth L. Anderson, appeals the denial of his petition for post-conviction relief, arguing that he received the ineffective assistance of elbow counsel. After review, we affirm the post-conviction court’s denial of post-conviction relief. |
Dyer | Court of Criminal Appeals |
