Gerald Pendleton v. State of Tennessee
The petitioner, Gerald Pendleton, was convicted of first degree felony murder, aggravated child abuse, aggravated child neglect, and perjury and sentenced to life imprisonment for the felony murder conviction and twenty years each for the aggravated child abuse and aggravated child neglect convictions, with all sentences to be served concurrently. He was also sentenced to eleven months, twenty-nine days for the perjury conviction, to be served consecutively to the aggravated child neglect conviction. He subsequently filed a petition for post-conviction relief, which the court denied. On appeal, the petitioner contends he received ineffective assistance of counsel at trial. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Luis Angel Cruz
The defendant, Luis Angel Cruz, was indicted by the Madison County Grand Jury on one count of aggravated child abuse based on injuries he caused to his five-month-old daughter, who was diagnosed with shaken baby syndrome. Following a jury trial, he was convicted of the lesser-included offense of reckless aggravated assault, a Class D felony, and sentenced by the trial court as a Range I offender to four years in the Department of Correction. On appeal, he challenges the sufficiency of the convicting evidence, arguing there was insufficient proof to show that he was aware he risked injuring the child by shaking her. Following our review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Debbie Dawn Wales
The Defendant pled guilty to theft of property in excess of $60,000, and the trial court sentenced her to ten years in prison and ordered her to pay $162,603 in restitution. The Defendant appeals, claiming that the restitution amount is excessive. After a thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Giles | Court of Criminal Appeals | |
Troy Lee Weston v. Tony Parker, Warden
The petitioner, Troy Lee Weston, appeals the Lauderdale County Circuit Court’s summary dismissal of his petition for habeas corpus relief. The State has filed a motion requesting that this court affirm the trial court’s dismissal pursuant to Rule 20, Rules of the Court of Criminal Appeals. Upon review of the record and the applicable authorities, we conclude the petitioner has failed to comply with the procedural requirements for habeas corpus relief. Accordingly, we grant the State’s motion and affirm the judgment of the trial court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Alex Stevino Porter
Appellant, Alex Porter, was found guilty by a McMinn County jury of first degree murder and sentenced to life in prison. After the denial of a motion for new trial, Appellant seeks the resolution of the following issues on appeal: (1) whether the evidence is sufficient to support the conviction; (2) whether the accomplice testimony was sufficiently corroborated; and (3) whether the trial court erred by excluding the testimony of Valerie Ware and Mary White at trial. After a review of the evidence, we determine that the evidence is sufficient to support the conviction, that the accomplice testimony was sufficiently corroborated, and that the trial court did not err by excluding the testimony of Valerie Ware. However, we determine that the trial court erred by excluding the testimony of Mary White but conclude that the error was harmless. Consequently, the judgment of the trial court is affirmed. |
McMinn | Court of Criminal Appeals | |
Rosendo Reyna v. State of Tennessee
The petitioner, Rosenda Renya, appeals the denial of his petition for post-conviction relief. On appeal, he argues that trial counsel was ineffective for failing to present a motion to suppress the evidence seized following a traffic stop. After careful review, we affirm the judgment from the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Ronnie Charleston v. State of Tennessee
Aggrieved by the denial of his 2007 petition for post-conviction relief from his 2005 Davidson County Criminal Court convictions for felony murder, especially aggravated robbery, and second degree murder, the petitioner, Ronnie Charleston, appeals. In this appeal, he contends that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Lee Stanley Albright
A Sevier County jury acquitted the Defendant, Lee Stanley Albright, of driving under the influence, second offense, but it found that the Defendant violated the implied consent law. The trial court revoked the Defendant’s driver’s license for two years. In this appeal, the Defendant contends: (1) the use of a criminal indictment to initiate proceedings against the Defendant for a violation of the implied consent law was improper; (2) the trial by jury of the violation of implied consent charge was improper; and (3) the evidence was insufficient to support the jury’s finding of a violation of the implied consent law. After a thorough review of the record and the applicable law, we affirm the trial court’s judgment. |
Sevier | Court of Criminal Appeals | |
Willie L. Watkins v. State of Tennessee
The petitioner, Willie L. Watkins, appeals from the Madison County Circuit Court’s denial of his petition for post-conviction relief from his guilty-plea convictions of three counts of sale of one-half gram or less of cocaine and resulting eight-year sentence. The petitioner contends that he received the ineffective assistance of counsel and that he did not knowingly and voluntarily enter into the guilty pleas. We affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Jason Glenn Baggett
The Defendant-Appellant, Jason Glenn Baggett (hereinafter “Baggett”), was convicted by an Obion County Circuit Court jury of forgery and criminal simulation and sentenced to concurrent sentences of six years, as a career offender, in the Department of Correction. On appeal, Baggett argues that the evidence was insufficient to support his convictions. Following our review, we affirm the judgments of the trial court. |
Obion | Court of Criminal Appeals | |
James Carter v. State of Tennessee
The petitioner, James Carter, appeals the summary dismissal of his petition for writ of error coram nobis, arguing that due process requires that the statute of limitations for filing the petition be tolled. The State has filed a motion requesting that we affirm the summary dismissal pursuant to Rule 20, Rules of the Court of Criminal Appeals. Because the petitioner filed his petition well outside the one-year statute of limitations and has not shown any reason that the limitations period should be tolled, we affirm the summary dismissal of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Demond Lamont Adkins
A Davidson County Criminal Court jury convicted the defendant, Demond Lamont Adkins, of aggravated assault and carjacking. The trial court imposed concurrent sentences of 15 years at 60 percent for aggravated assault and 22 years at 45 percent for carjacking. In this appeal, the defendant challenges the sufficiency of the evidence, and discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Mohammed Iman
The appellant, Mohamed Iman, pled guilty in the Bedford County Circuit Court to possession of a Schedule I drug with intent to deliver with the sentence length and manner of service to be determined by the trial court. Prior to being sentenced, the appellant filed a motion to withdraw his guilty plea, which was denied by the trial court. After a sentencing hearing, the trial court sentenced the appellant to ten years in confinement. On appeal, the appellant contends that the trial court erred by (1) referring to the wrong standard in denying his motion to withdraw his guilty plea and accepting an unknowing plea; (2) accepting the plea agreement when it failed to establish venue for the crime; (3) not personally and directly addressing the appellant during the guilty plea hearing; (4) refusing to give the appellant a community corrections sentence; and (5) failing to certify the interpreter. Upon review, we affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Jeremy Lance Przybysz
The defendant, Jeremy Lance Przybysz, submitted a best interest guilty plea pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160 (1970), to attempt to commit aggravated sexual battery, a Class C felony. The parties agreed to an eight-year sentence as a Range II offender with the manner of service to be determined by the court. At the sentencing hearing, the trial court ordered the defendant to serve eight years in confinement. Claiming the trial court erroneously denied alternative sentencing, the defendant appeals. We affirm the judgment of the circuit court. |
Sequatchie | Court of Criminal Appeals | |
State of Tennessee v. Eric Cruthird
Upon his pleas of guilty, the Defendant, Eric Cruthird, was convicted of three counts of possession of .5 grams or more of cocaine with the intent to sell, each conviction being a Class B felony. Pursuant to his plea agreement, the Defendant received an eight-year sentence for each conviction, with one of said sentences to be served consecutively to the other two, for an effective sentence of sixteen years. In accordance with the plea agreement, the manner of service of the sentence was left to the discretion of the trial court. Following a sentencing hearing, the trial court denied any form of alternative sentencing and ordered that the sentences be served in the Department of Correction. On appeal, the Defendant argues that the trial court erred by denying him probation. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
James Glenn Collins, Jr. v. Tommy Mills, Warden (State of Tennessee)
The petitioner, James Glenn Collins, Jr., appeals the Lake County Circuit Court’s summary dismissal of his petition for habeas corpus relief. The State has filed a motion requesting that this court affirm the trial court’s denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals because the petition fails to state a cognizable claim for relief. Upon our review of the petition and the applicable authorities, we grant the State’s motion and affirm the judgment of the lower court. |
Lake | Court of Criminal Appeals | |
Jessie Hodges v. Ricky J. Bell, Warden
Petitioner, Jessie Hodges, was convicted of robbery and sentenced as a persistent offender to twelve years in incarceration. His conviction was affirmed on direct appeal. State v. Jessie Nelson Hodges, No. W2001-00871-CCA-R3-CD, 2002 WL 927603, at *9 (Tenn. Crim. App., at Jackson, May 3, 2002), perm. app. denied (Tenn. Nov. 4, 2002). Petitioner unsuccessfully sought post-conviction relief. Jessie Hodges v. State, No. W2005-01852-CCA-R3-PC, 2006 WL 211829, at *2 (Tenn. Crim. App., at Jackson, Jan. 25, 2006), perm. app. denied (Tenn. May 30, 2006). Subsequently, Petitioner sought habeas corpus relief in the Davidson County Chancery Court. The habeas corpus court dismissed the petition. Petitioner appeals. We determine that the habeas corpus court properly found that it lacked subject matter jurisdiction. Therefore, the judgment of the habeas corpus court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Daryl Dewitt Godwin
The defendant, Daryl Dewitt Godwin, pled guilty to theft of property over $60,000, a Class B felony, and was sentenced as a Range I, standard offender to ten years in the Department of Correction. On appeal, the defendant argues that the trial court erred in denying alternative sentencing. After review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Kenneth Williams v. State of Tennessee
The petitioner, Kenneth Williams, pled guilty in the Shelby County Criminal Court to second degree murder and received a sentence of thirty years incarceration in the Tennessee Department of Correction. Thereafter, he filed a petition for post-conviction relief. The post-conviction court denied the petition, and the petitioner timely appealed. The sole issue for review on appeal is whether the post-conviction court erred in finding that the plea was knowingly and voluntarily entered. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Anthony Phillip Geanes - Dissenting
I respectfully dissent from the majority opinion in this matter. As I will explain, I believe that the cases relied upon by the majority are distinguishable upon the facts from those presented by the present appeal. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Anthony Phillip Geanes
A Hardeman County jury convicted the defendant, Anthony Phillip Geanes, of reckless endangerment with a deadly weapon, a Class E felony. The trial court sentenced the defendant as a multiple offender to three years imprisonment, consecutive to another sentence.1 In this appeal, the defendant raises the issue of whether the evidence was sufficient to support his conviction for reckless endangerment with a deadly weapon. Upon review of the evidence, we are constrained to hold that the evidence was insufficient to prove the defendant guilty of reckless endangerment with a deadly weapon. Therefore, we reverse the judgment of the trial court, vacate the conviction and dismiss the charge. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Anthony Phillip Geanes - Concurring
I write separately to set out unique factors used in my analysis concluding insufficient evidence exists upon this record to support the defendant’s conviction of reckless endangerment. A notion widely held is that whenever people are arguing, participating in fisticuffs, or engaged in fights involving knives, bats, or chairs, the discharging of a firearm into the air has the immediate effect of alerting all participants that a higher and more powerful authority has been introduced into the situation and, therefore, the holder of the firearm is deserving of respect and attention. I feel this notion is misguided and outdated, and although I have found for this defendant, I do not wish to suggest that firing a weapon into the air is not reckless or is safe. Common sense tells us that what goes up must come down. I simply do not know where or with what force the bullet returns. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Nino Jones
The Defendant, Nino Jones, was convicted by 1 a jury of one count of sale of cocaine, a Class C felony. In this direct appeal, he argues that the State failed to rebut his defense of entrapment beyond a reasonable doubt. We conclude that this argument lacks merit, and accordingly affirm. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Quamine Jones
The defendant, Quamine Jones, was convicted of first degree premeditated murder and sentenced to life imprisonment. He argues that the evidence of premeditation was insufficient to support his conviction for first degree murder, the indictment should have been dismissed because he was denied a preliminary hearing, the trial court erred in admitting into evidence a photograph of the victim and testimony of a witness regarding his reluctance to testify, and the State withheld exculpatory evidence. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Annette Turner Morrow
The Defendant, Annette Turner Morrow, appeals from the sentencing decision of the Maury County Circuit Court. The Defendant pleaded guilty to theft of property valued at over $10,000 but less than $60,000 and identity theft. Following a sentencing hearing, the trial court imposed an effective five-year sentence as a Range I, standard offender and ordered the Defendant to serve her sentence in the Department of Correction. On appeal, the Defendant contends that the trial court erred in denying her request for probation or other alternative sentencing. Finding no error, we affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals |
