Stanley Adams v. State of Tennessee
The appellant, Stanley Adams, was indicted for first degree murder and especially aggravated robbery. The state sought the death penalty. Pursuant to a negotiated plea, however, the appellant pled guilty to second degree murder and aggravated robbery. He was sentenced to 45 years for second degree murder and 15 years for aggravated robbery. The sentences were ordered to be served concurrently. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Keeta Burden - Order
This is an appeal as of right from the judgment of the Circuit Court of Obion County, granting Appellant’s motion to modify her sentence, but denying her full probation. See, Tenn. R. Crim. P. 35. Appellant was convicted upon a plea of guilty of the offense of theft of property in excess of $60,000, a Class B felony. Her original sentence, imposed April 17, 1995, was to a term of eight years in the Department of Correction as a Range I standard offender. The sentence was suspended except for one year which Appellant was ordered to serve in the Obion County Jail. A probationary period was imposed for the balance of the term and restitution ordered as a condition thereof. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Elton Donald Bowers a/k/a Rashid Qawwi
The defendant, Elton Donald Bowers, also known as Rashid Qawwi, was convicted of aggravated robbery and possession of a weapon with the intent to employ in the commission of the robbery. Tenn. Code Ann. § 39-13-402 and Tenn. Code Ann. § 39-17-307. The trial court ordered the weapons conviction merged with the aggravated robbery, classified the defendant as a career offender, and imposed a thirty-year sentence. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Timothy Wade Hall, Sr.
The defendant was convicted by a jury of attempt to commit second-degree murder and aggravated assault. After a hearing, he was sentenced to twelve years on the attempt offense and eight years on the assault offense, to run concurrently. In this appeal as of right, the defendant argues that his two convictions must be merged; that the trial court erred in denying his motion for mistrial; and that his sentence is excessive. Finding merit in the first of these issues, we reverse and dismiss the defendant’s conviction for aggravated assault. We otherwise affirm the judgment below. |
Madison | Court of Criminal Appeals | |
Robert Glen Coe v. State of Tennessee - Order
Appellant, Robert Glen Coe, appeals from the dismissal of his third post-conviction relief petition. He has been convicted of first degree murder, aggravated rape, and aggravated kidnaping. He was sentenced to death for first degree murder and received two sentences of life imprisonment for the other charges. Coe contends the trial court erred in dismissing his petition and presents to this Court the following issues for review: (1) whether the state withheld exculpatory evidence and presented misleading testimony; (2) whether the use of the felony-murder aggravating circumstance rendered the death penalty unconstitutional; (3) whether the jury instruction defining “reasonable doubt” was unconstitutional; (4) whether the jury instruction on first degree murder omitted an essential element of the offense; (5) whether he was denied the fundamental right to a unanimous jury verdict; (6) whether the jury instruction on expert testimony was unconstitutional; (7) whether the jury was unconstitutionally instructed on the effect of a verdict of not guilty by reason of insanity; (8) whether the jury instructions precluded full consideration of the defense of insanity; (9) whether the failure to instruct the jury about eligibility for parole was unconstitutional; (10) whether the jury instructions erroneously omitted information about the effect of a non-unanimous verdict; (11) whether he was denied effective review of the death sentence; (12) whether he was denied effective assistance of counsel at trial and on appeal, including the denial of entitlement to investigative funds; (13) whether electrocution constitutes cruel and unusual punishment; (14) whether he was unconstitutionally precluded from consulting with counsel during trial; (15) whether the death sentence unconstitutionally infringes upon his fundamental right to life; and (16) whether he was arrested without probable cause. We affirm the dismissal of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Bellew
Appellant Michael Bellew pled guilty in the Henry County Circuit Court to operating a motor vehicle in violation of the Motor Vehicle Habitual Offenders Act. As a Range I standard offender, Appellant received a sentence of two years in the Tennessee Department of Correction. In this direct appeal, he presents the following issue: whether his sentence is excessive. After a review of the record, we affirm the judgment of the trial court. |
Henry | Court of Criminal Appeals | |
Willie Claybrook v. State of Tennessee
The petitioner, Willie Claybrook, appeals the trial court's denial of post-conviction relief. In this appeal of right, two issues are presented for our review: (1) whether the petitioner was denied effective assistance of counsel; and (2) whether the trial court's order denying relief met the minimum statutory requirements. |
Gibson | Court of Criminal Appeals | |
Terry L. Bomar v. State of Tennessee - Order
This matter is before the Court upon the state’s motion to affirm the judgment of the trial court under Rule 20, Rules of the Court of Criminal Appeals. The case before this Court represents an appeal from the trial court’s denial of the petitioner’s petition for writ of habeas corpus. The record was filed on October 3, 1996, and the petitioner filed his brief on October 21, 1996. The petitioner was originally indicted on eight counts of aggravated rape and one count of rape in May 1984, and was convicted of rape in October 1984. In the present appeal, the petitioner, relying in part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged. |
Lake | Court of Criminal Appeals | |
James Lee Blair v. State of Tennessee - Order
This matter is before the Court upon the state’s motion to affirm the judgment of the trial court under Rule 20, Rules of the Court of Criminal Appeals. The case before this Court represents an appeal from the trial court’s denial of the petitioner’s petition for writ of habeas corpus. The record was filed on October 3, 1996, and the petitioner filed his brief on October 24, 1996. The petitioner was originally indicted for aggravated rape in January 1981, and was convicted of the same in May 1981. In the present appeal, the petitioner, relying in part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged. |
Lake | Court of Criminal Appeals | |
Dural Alston v. State of Tennessee - Order
This matter is before the Court upon the state’s motion to affirm the judgment of the trial court under Rule 20, Rules of the Court of Criminal Appeals. The case before this Court represents an appeal from the trial court’s denial of the petitioner’s petition for writ of habeas corpus. The record was filed on October 3, 1996, and the petitioner filed his brief on October 29, 1996. The petitioner was originally indicted for robbery with a deadly weapon in January 1989, and the petitioner pled guilty to the same in May 1989. In the present appeal, the petitioner, relying in part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged. |
Lake | Court of Criminal Appeals | |
Terry Dale Brewer v. State of Tennessee - Order
This matter is before the Court upon the state’s motion to affirm the judgment of the trial court under Rule 20, Rules of the Court of Criminal Appeals. The case before this Court represents an appeal from the trial court’s denial of the petitioner’s petition for writ of habeas corpus. The record was filed on November 12, 1996, and the petitioner filed his brief on November 15, 1996. The petitioner was originally indicted on one count of aggravated rape, one count of incest, and two counts of aggravated sexual battery in June 1989, and was convicted of the same in October 1989. In the present appeal, the petitioner, relying in part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged. |
Lake | Court of Criminal Appeals | |
Andrea Jones v. State of Tennessee - Order
This matter is before the Court upon the state’s motion to affirm the judgment of the trial court under Rule 20, Rules of the Court of Criminal Appeals. The case before this Court represents an appeal from the trial court’s denial of the petitioner’s petition for writ of habeas corpus. The record was filed on November 13, 1996, and the petitioner filed his brief on December 3, 1996. The petitioner was originally indicted on one count each of aggravated rape and aggravated kidnapping in September 1986, for which the petitioner was subsequently convicted. In the present appeal, the petitioner, relying in part upon State v. Roger Dale Hill, No. 01C01-9508- CC-00267 (Tenn. Crim. App. June 20, 1996), contends the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Frank Bennie Jackson, Jr.
A Hamilton County grand jury indicted the defendant, Frank Bennie Jackson, Jr., for possession of cocaine for resale, driving without a license, and failure to stop at a traffic signal. The defendant filed a motion to suppress alleging that the search of his vehicle incident to a custodial arrest was illegal because he should have received a citation in lieu of arrest for driving without a license and running a red light, both class C misdemeanors. At the hearing on the motion to suppress, the trial court agreed and suppressed all evidence seized as a result of the search incident to arrest. It is from this order that the state now appeals. Following our review, we reverse the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Brandon Thomas
The defendant, Brandon D. Thomas, was convicted of one count of resisting arrest, a Class B misdemeanor; and three drug offenses including possession with intent to sell a Schedule II controlled substance (cocaine), a Class B felony; possession with intent to sell a Schedule III controlled substance (dihydrocodeinone), a Class D felony; and simple possession of marijuana, a Class A misdemeanor. He was sentenced to ten years in the Tennessee Department of Correction for the cocaine offense, eleven months and twenty-nine days on each of the other drug offenses and six months for the conviction for resisting arrest, with all the sentences to run concurrently for a total effective sentence of ten years as a Range I, standard offender. On appeal, he argues that the evidence was insufficient to support his cocaine conviction and that he was sentenced improperly. After careful review, we find that the defendant was sentenced improperly but not for the issues on which he appeals. The sentence of eleven months and twenty-nine days for the Class D felony conviction is illegal because the minimum sentence for a Class D felony is two years. We remand to the trial court for entry of a corrected judgment reflecting the minimum sentence and affirm the trial court as to the other raised issues. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. James Polk
The appellant, James Polk, appeals from a conviction for aggravated robbery entered in the Circuit Court of Maury County. The appellant contends that the trial court should have ordered a new trial pursuant to Rule 33(f) of the Tennessee Rules of Criminal Procedure. After a review of the record, we affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Charles Edward Meeks
The defendant, Charles Edward Meeks, was indicted for first-degree murder. The jury found him guilty as charged and he was sentenced to life imprisonment. He has appealed as of right, raising for review the trial court's instructions to the jury and the State's conduct during closing argument. We find the defendant's issues are without merit and affirm the judgment of the trial court. |
Grundy | Court of Criminal Appeals | |
State of Tennessee v. Richard Wayne Otey
The appellant, Richard Wayne Otey, appeals as of right from a judgment entered in the Circuit Court of Williamson County, finding him guilty of aggravated assault in violation of Tenn. Code Ann. § 39-13-102(a). Following a sentencing hearing, the trial judge sentenced the appellant to ten years in the Department of Correction as a Range II, multiple offender, to be served consecutively to a sentence for which the appellant was on parole at the time of the offense at issue in this case. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Maurice Lashaun Nash
The Appellant, Maurice Lashaun Nash, appeals the sentencing decision of the Tipton County Circuit Court. Under the terms of a plea agreement, Nash entered guilty pleas to six felonies and one misdemeanor and received an effective ten-year sentence. The agreement provided that the ten-year sentence would run consecutively to an effective ten-year sentence which Nash was serving at the time of sentencing. The terms of the plea agreement also provided that the manner of service of the ten-year sentence would be determined by the trial court. Following a sentencing hearing, the trial court denied Nash’s request for alternative sentencing, which Nash now asserts was error. After review, the judgments of the trial court are affirmed. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Danny Lee Ross, Jr.
On February 10, 1994, the appellant was convicted by a jury of his peers of three counts of vehicular homicide by intoxication.1 Following a sentencing hearing, the appellant was sentenced to six years incarceration for each count with each sentence to be served consecutively. Much aggrieved by his convictions and resultant sentences, the appellant appeals from the judgment of the trial court pursuant to Rule 3, Tenn. R. App. P. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Thomas H. Aldridge
The appellant, Thomas H. Aldridge, was convicted of driving while under the influence, a Class A misdemeanor, leaving the scene of an accident, a Class A misdemeanor, and driving after having been declared a habitual vehicle offender, a Class E felony, following his pleas of guilty to these offenses. The trial court imposed the following sentences pursuant to the plea bargain agreement: a.) Driving while intoxicated, a fine of $500 and confinement for thirty (30) days in the Shelby County Correctional Center, twenty-eight days of the sentence was suspended; b.) Leaving the scene of an accident, a fine of $500; and c.) Driving after having been declared a habitual vehicle offender, a Range I, standard offender sentence consisting of a $500 fine and confinement for one (1) year in the Shelby County Correctional Center. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jackie H. Martin
The appellant, Jackie H. Martin, appeals the order entered by the Criminal Court of Shelby County denying his petition for discharge from involuntary commitment.1 On appeal, the appellant presents two issues for our review: (1) whether the evidence preponderates against the trial court's finding that the appellant is not eligible for mandatory outpatient treatment as an alternative to commitment; and (2) whether the trial judge should have recused himself from this case. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ronnie Michael Cauthern
The original trial of this case took place in Montgomery County. Judge John H. Peay presided over the trial of the appellant and his co-defendant, Brett Patterson, which resulted in two convictions for felony murder, one conviction for first degree burglary, and one conviction for aggravated rape for each defendant. The jury sentenced the appellant to death. The appellant’s co-defendant received a life sentence. On direct appeal to the Supreme Court, the appellant’s convictions were affirmed, but the death penalty was set aside and the case was remanded for a new sentencing hearing. State v. Cauthern, 778 S.W.2d 39 (Tenn. 1989). On remand, Judge Peay granted the appellant’s motion to transfer the case out of Montgomery |
Gibson | Court of Criminal Appeals | |
Wallace Butler v. Ricky Bell, Warden
The petitioner was convicted by a jury of five counts of armed robbery, four of which were affirmed and one of which was reversed and dismissed by this Court in an opinion filed on March 6, 1985. Application for permission to appeal to the Supreme Court was denied on June 10, 1985. The petitioner subsequently filed a petition for writ of habeas corpus on May 24, 1995, which the court below treated as one for post-conviction relief and dismissed without a hearing on the basis that it was time-barred. He contends that this summary dismissal was improper. After reviewing the record, we affirm the lower court’s judgment. |
Fayette | Court of Criminal Appeals | |
State of Tennessee v. Bruce Cole
The Appellant, Bruce Cole, appeals as of right his sentences for five convictions of sale of a Schedule II controlled substance. The Appellant argues on appeal that the trial court erred when it enhanced his sentences and ordered them to be served consecutively. Following a careful review of the record on appeal, we remand the case to the trial court for a new sentencing hearing. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Carolyn L. Curry
The defendant was charged in the indictment with theft of property valued between ten thousand dollars ($10,000) and sixty thousand dollars ($60,000). On September 21, 1995, she filed an application for pretrial diversion. The district attorney general denied the application on September 28, 1995. The defendant then filed a petition for a writ of certiorari, seeking review of the district attorney general’s decision to deny her application. After a hearing, the trial court found that the State had abused its discretion and ordered the defendant placed on pretrial diversion. In this appeal pursuant to T.R.A.P. 9, the State contends the trial court erred in finding that the State had abused its discretion in denying pretrial diversion. We reverse the judgment of the trial court and remand this matter for further proceedings consistent with this opinion. |
Carroll | Court of Criminal Appeals |
