Omowale A. Shabazz aka Fred Edmond Dean v. James Worthington, Warden
The petitioner, Omowale A. Shabazz, filed in the Morgan County Circuit Court a petition for a writ of habeas corpus. The habeas corpus court summarily dismissed the petition, and the petitioner appeals. The State filed a motion requesting that this court affirm the habeas corpus court’s denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. After review, we conclude that the petition was properly dismissed. Accordingly, the State’s motion is granted and the judgment of the habeas corpus court is affirmed. |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. Kevin B. Thompson
The defendant, Kevin B. Thompson, appeals from the Hardin County Circuit Court’s probation revocation for his two-year effective sentence for his guilty pleas to violation of a motor vehicle habitual offender order, a Class E felony, and violation of the registration law, a Class C misdemeanor. He claims that the trial court erred in revoking his probation and ordering him to serve his sentence in incarceration. We hold that the trial court did not abuse its discretion, and we affirm its judgment. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Michael Small
Defendant, Michael Small, was convicted by a Shelby County jury of two counts of aggravated |
Shelby | Court of Criminal Appeals | |
Walter Henning v. Howard Carlton, Warden
The Petitioner pled guilty in Sullivan County, Tennessee, to one count of robbery and one count of evading arrest. The trial court sentenced the Petitioner to five years for his robbery conviction and eleven months and twenty-nine days for his evading arrest conviction, with the sentences to be served concurrently. The Petitioner filed a petition for habeas corpus relief, claiming that his judgments were void because neither judgment ordered his sentences to be served consecutively to his unserved sentence in Maryland. The habeas court dismissed the petition without a hearing. After a thorough review of the record and applicable law, we affirm the judgment of the habeas court. |
Johnson | Court of Criminal Appeals | |
Delivetrick D. Blocker v. Jim Worthington, Warden
In 1996, a Hamilton County grand jury indicted the Petitioner, Delivetrick D. Blocker, for first degree premeditated murder, first degree felony murder, and especially aggravated robbery. In 1997, a Hamilton County jury convicted the Petitioner of first degree felony murder and especially aggravated robbery and sentenced him to life imprisonment without the possibility of parole for his murder conviction. The trial court sentenced him to twenty-two years for especially aggravated robbery, to be served consecutively to his life sentence. In 2008, the Petitioner filed a pro se petition for habeas corpus relief, which the habeas court summarily dismissed. On appeal, the Petitioner contends that the trial court erred when it dismissed his petition because: (1) the indictment charging him with murder was fatally defective because it did not allege an overt act; (2) the indictment charging him with especially aggravated robbery was fatally defective because it varied from the judgment convicting him of attempted especially aggravated robbery, which requires proof of an overt act; and (3) the trial court did not have jurisdiction to order his sentences to be served consecutively. After a thorough review of the record and relevant authorities, we affirm the judgment of the habeas court. |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. Christopher Brian Knight - Dissenting
I respectfully dissent from the majority opinion’s conclusion that the defendant was not entitled to a mistrial after Jimmy Calloway testified in rebuttal that the defendant said he did not want to “go back to prison for six more years.” A criminal defendant is entitled to impartial and unbiased jurors who are not influenced by inadmissible and prejudicial information such as the defendant’s being convicted of another crime. See State v. Claybrook, 736 S.W.2d 95, 100 (Tenn. 1987). |
Jefferson | Court of Criminal Appeals | |
State of Tennessee v. Christopher Brian Knight
The Defendant, Christopher Brian Knight, was convicted of one count of theft over $10,000, a Class C felony. The trial court sentenced him as a Range II, multiple offender to ten years in the Department of Correction. In this direct appeal, he argues that (1) the trial court erred in denying his motion for a continuance; (2) the trial court erred in denying his motion for a mistrial; (3) he was deprived of a fair trial before an impartial judge; (4) the State presented evidence insufficient to convict him; (5) he was prejudiced by the trial court’s failure to confirm that he had personally decided to waive his right to testify; and (6) the trial court improperly sentenced him to the maximum sentence. We conclude that all of these contentions lack merit. We accordingly affirm. |
Jefferson | Court of Criminal Appeals | |
State of Tennessee v. Jerome Emmett Huntley
The defendant, Jerome Emmett Huntley, was convicted of introduction of contraband into a penal institution, a Class C felony, and public intoxication, a Class C misdemeanor. The trial court sentenced the defendant as a Range I, standard offender to concurrent terms of five years, six months and thirty days. On appeal, the defendant argues that the evidence was insufficient to support his conviction for introduction of contraband into a penal institution and that the trial court imposed an excessive sentence. Following our review, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
Anthony J. Fralix v. State of Tennessee
The Appellant appeals the trial court's dismissal of his petition for post conviction relief. The Appellant filed his petition outside the statute of limitations. Accordingly, the judgment of the trial court is affirmed. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Corey Deauntae Tarvin, alias Corey Deante Tarvin, alias Corey Deauntae Brown
The defendant appeals as of right from his Hamilton County jury conviction for first degree premeditated murder, for which he received a life sentence. He contends that the trial court erred by admitting unduly prejudicial autopsy photographs of the victim and that the evidence was insufficient to show that he premeditated the killing. We affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Virgil Samuels
Pursuant to a negotiated plea agreement, the defendant, Virgil Samuels, pled guilty to especially aggravated kidnapping, attempted first degree murder, and aggravated rape. The defendant received a total effective sentence of thirty-five years to be served as a violent offender. Thereafter, the defendant filed a motion to withdraw his guilty plea, alleging that he was coerced by counsel into pleading guilty. The trial court denied the motion, and this appeal followed. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Henry | Court of Criminal Appeals | |
Jason Crawford v. Steven Dotson, Warden
The petitioner, Jason Crawford, appeals the circuit court’s order denying his petition for habeas corpus relief. The state has filed a motion requesting that this court dismiss the appeal as untimely filed or, in the alternative, affirm the circuit court pursuant to Rule 20 of the Tennessee Court of Criminal Appeals. Following our review of the parties’ briefs, the record, and the applicable law, we conclude that the petitioner failed to timely file his notice of appeal and his claims do not warrant consideration in the “interest of justice.” Therefore, his appeal is dismissed. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Jimmy Stuart Mynatt
The defendant, Jimmy Stuart Mynatt, appeals his convictions of first degree felony murder, second degree murder, and especially aggravated robbery. He was sentenced to life plus twenty-five years. On appeal, he contends that: the evidence was insufficient to support his convictions; the trial court should have granted his motion to suppress statements made to the police; and the trial court erred in instructing the jury. After careful review, we affirm the judgments from the trial court. |
Knox | Court of Criminal Appeals | |
Jerry Timberlake v. State of Tennessee
The petitioner, Jerry Timberlake, appeals the post-conviction court’s summary dismissal of his petition for post-conviction relief based on his failure to verify the petition under oath. Following our review, we reverse the judgment of the post-conviction court and remand for further proceedings consistent with this opinion. |
Henderson | Court of Criminal Appeals | |
Cornelius Richmond v. State of Tennessee
The petitioner, Cornelius Richmond, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief. On appeal, the petitioner argues that he received the ineffective assistance of counsel which rendered his guilty pleas involuntary and unknowing. After reviewing the record, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Earice Roberts v. State of Tennessee
The petitioner, Earice Roberts, appeals the denial of his petition for writ of error coram nobis, arguing that the trial court should have granted him relief on the basis of newly discovered evidence that a police officer and witness for the State had committed crimes in her official capacity as manager of the evidence and property room. Following our review, we affirm the order of the trial court denying the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Brian A. Lowman
The defendant, Brian A. Lowman, was denied pretrial diversion by the district attorney general for Hamilton County and requested review of the denial by the trial court. After review, the trial court reversed the denial of pretrial diversion by the district attorney general. The State then appealed the decision of the trial court to this court for review. After careful review, we conclude that the district attorney general did not abuse his discretion in denying pretrial diversion and reverse the decision of the trial court granting pretrial diversion. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Carlos A. Branch and Edward Allen, Jr.
Appellants, Edward Earl Allen, Jr. and Carlos A. Branch, entered best interest guilty pleas in Davidson County to one count of aggravated assault and one count of possession of a weapon on school property after an incident at Vanderbilt University. The plea agreement did not specify the length or manner of service of the sentences but specified that the sentences would run concurrently to each other. After a sentencing hearing, the trial court sentenced Appellants to six years for aggravated assault and two years for possession of a weapon on school property, as Range I Standard Offenders. Appellants seek a review of their sentence on appeal. Because the record supports the sentences and the trial court properly denied alternative sentencing as to Appellant Branch, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Carmi Binkins
Following a jury trial, Defendant, Carmi Binkins, was convicted of two counts of attempted second |
Shelby | Court of Criminal Appeals | |
Almeer K. Nance v. State of Tennessee
The petitioner, Almeer K. Nance, appeals the judgment of the Knox County Criminal court denying post-conviction relief. The petitioner was convicted of felony murder, especially aggravated robbery, two counts of especially aggravated kidnapping, and three counts of aggravated robbery. He subsequently accepted an agreed sentence of life plus twenty-five years in the Department of Correction. On appeal, the petitioner argues that he was denied his Sixth Amendment right to the effective assistance of counsel, specifically arguing that trial counsel was ineffective by: (1) erroneously advising him not to testify at trial, which he asserts effectively deprived him of his constitutional right; and (2) failing to raise the issues of sufficiency of the evidence and severance on direct appeal. After a thorough review of the record before us, the judgment of the post-conviction court is affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. James Peebles
The defendant, James D. Peebles, was convicted by a Rutherford County jury of one count of sale of a Schedule II drug, cocaine, under .5 grams (a Class C felony). Following a sentencing hearing, he was sentenced, as a Range II offender, to a term of ten years in the Department of Correction. On appeal, he raises the single issue of sufficiency of the evidence. Following review of the record, we affirm the judgment of conviction. |
Rutherford | Court of Criminal Appeals | |
John Whatley v. State of Tennessee
The Appellant, John Whatley, appeals the trial court's dismissal of his petition for post-conviction and/or habeas corpus relief. The Appellant previously filed a post-conviction petition which was decided on the merits and the claim presented in the instant petition does not warrant reopening the prior petition. Moreover, the Appellant fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the judgment of the trial court is affirmed. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Kenneth L. Davis
The Defendant, Kenneth L. Davis, was convicted by a Madison County jury of possession of methamphetamine with the intent to sell and/or deliver, possession of unlawful drug paraphernalia, reckless driving, and driving on a canceled, suspended, or revoked license. He received an effective ten-year sentence for these convictions, with said sentence to be served consecutively to a prior sentence. In this appeal, the Defendant argues that the trial court erred by denying his pretrial motion to suppress the evidence discovered during the search of his automobile and that the evidence was insufficient at trial to establish that he possessed the contraband. Finding no error, we affirm the judgments of conviction. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Jim Gerhardt
In October 2005, a Madison County grand jury indicted the defendant, Jim Gerhardt, on one count of child abuse and neglect, a Class A misdemeanor. Following a July 2006 jury trial, the defendant was acquitted of the offense as charged in the indictment but convicted of attempted child abuse and neglect, a Class B misdemeanor. Following a sentencing hearing, the defendant received a six month sentence, with the defendant to serve sixty days in the county jail and the balance of the sentence on probation. As part of the defendant’s probation, the trial court instituted a 8:00 p.m. to 7:30 a.m. curfew, ordered the defendant to have no contact with the victim, and required that the defendant receive counseling. On appeal, the defendant argues that: (1) the evidence produced at trial was insufficient to support his conviction; (2) the trial court erred by failing to require the state to elect offenses; (3) the trial court erred by failing to answer a question posed by the jury during its deliberations; (4) the trial court erred by allowing the prosecuting attorney to ask the defendant and his wife whether a particular witness was lying; (5) the trial court erred by allowing the prosecuting attorney to make improper statements during the state’s closing argument; (6) the trial court improperly denied the defendant the transcript of the sentencing hearing; (7) the trial court imposed an excessive sentence; (8) the defendant received the ineffective assistance of counsel at trial; and (9) the cumulative effect of these and other errors prejudiced him. After reviewing the record, we conclude that the defendant’s issues are without merit and affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Curtis Tate v. State of Tennessee
The Petitioner, Curtis Tate, appeals from the Shelby County Criminal Court’s order denying hispetition for post-conviction relief. The Petitioner was convicted by a jury of second degree murder and, thereafter, sentenced to twenty years in the Department of Correction. On appeal, he argues that the denial of post-conviction relief was error because he did not receive the effective assistance of counsel at trial. He submits that trial counsel failed to call several crucial witnesses to establish his self-defense claim and that trial counsel was impaired during trial because of alcohol use. Following our review of the record and the parties’ briefs, we conclude that the Petitioner has not shown that he is entitled to relief. The judgment of the post-conviction court is affirmed. |
Shelby | Court of Criminal Appeals |
