Cedric Terry v. State of Tennessee
The petitioner, Cedric Terry, appeals the post-conviction court’s denial of his petition for post-conviction relief. On appeal, he argues that he received the ineffective assistance of trial counsel. After a thorough review of the record and the parties’ briefs, the judgment of the post-conviction court denying post-conviction relief is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Karl Daniel Forss - Dissenting
I agree with the majority, for the reasons outlined in its opinion, that it was error for the trial court to apply T.C.A. § 40-35-114(10) (2006) to enhance the defendant’s sentence in this case. However, I respectfully disagree with the majority’s conclusion that the trial court did not consider the mitigating factors proposed by the defendant. In my view, the sentencing hearing transcript establishes that the trial court not only considered the mitigating factors urged by the defendant, it also applied them. The record also establishes that the defendant had a record of illegal drug use, four DUI convictions, and a theft conviction. Thus, the trial court’s conclusion, after weighing the enhancing and mitigating factors, that the enhancement factors greatly outweighed the mitigating factors was supported by the record. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Karl Daniel Forss
The Appellant, Karl Daniel Forss, appeals the sentencing decision of the Cocke County Circuit Court. Under the terms of a plea agreement, Forss entered “open” pleas of guilty to the offenses of attempted aggravated robbery, aggravated assault, and aggravated criminal trespass. The plea agreement provided that the length and manner of the sentences would be determined by the trial court, that Forss would be sentenced as a Range I, standard offender, that the aggravated assault conviction would merge with the attempted aggravated robbery conviction, and that the misdemeanor sentence for the aggravated criminal trespass conviction would run concurrently with the attempted aggravated robbery conviction. Following the sentencing hearing, the trial court imposed an effective sentence of six years in confinement. Forss now appeals the length and manner of his six-year felony sentence. After a thorough review of the record and the arguments of the parties, we modify Forss’ six-year sentence for attempted aggravated robbery to reflect a sentence of four years. We affirm the denial of alternative sentencing. We remand to the trial court for entry of an amended judgment to reflect this sentencing modification. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Alonzo Eugene Terrell
The defendant, Alonzo Eugene Terrell, was convicted of domestic assault, a Class A misdemeanor, and was sentenced to eleven months and twenty-nine days, to be served on probation. He filed a motion for new trial, which was denied, and this appeal followed. On appeal, he raises seven issues. First, he argues the evidence was insufficient to support a conviction of domestic assault. He also argues that the trial court erred in allowing the State to introduce certain evidence and erred in denying both his motion to dismiss for violation of his right to speedy trial and his motion for acquittal. Additionally, he contends the court erred in refusing to allow two specific lines of questioning to the victim and a police officer during the trial. Our review reveals that the evidence was sufficient to support the conviction and that no error exists. The judgment from the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Lee Edward Peterson
Lee Edward Peterson, the defendant, was charged in a two-count indictment with possession with intent to sell less than 0.5 grams of cocaine and with possession with intent to deliver less than 0.5 grams of cocaine (Class B felonies). The defendant filed a motion to suppress the evidence obtained from a warrantless search of his person. After the motion was overruled by the trial court, the defendant, pursuant to a negotiated plea, entered a plea of nolo contendere to simple possession of cocaine (Class A misdemeanor), with an agreed sentence of eleven months and twenty-nine days suspended and a fine of $250. The defendant attempted to reserve a certified question of law pursuant to Rule 37(b)(2)(1) of the Tennessee Rules of Criminal Procedure. After review, we conclude that the defendant has failed to properly reserve the certified question of law by failing to include or incorporate by reference the question in the final judgment. Accordingly, the issue is not properly before this court, and the appeal is dismissed. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Eric D. Charles
The defendant, Eric D. Charles, pled guilty in Madison County Circuit Court to aggravated robbery and was sentenced as a Range I, standard offender to ten years in the Department of Correction. The defendant challenges the trial court’s application of two enhancement factors; the State concedes that one of the factors was improperly applied. We conclude that the record supports the trial court’s application of the second enhancement factor and affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Anthony Darrell Hines v. State of Tennessee
A Cheatham County jury convicted the Petitioner, Anthony Darrell Hines, of first-degree felony murder and sentenced him to death. After a remand to reconsider sentencing, the Tennessee Supreme Court affirmed a second sentence of death, and the United States Supreme Court denied certiorari. The Petitioner filed a petition for post-conviction relief in 1997, which was denied by the trial court and ultimately affirmed by this Court in 2004. The Petitioner filed this petition for post-conviction relief requesting permission and funds to test seven pieces of evidence for DNA. The trial court denied the petition, and, upon a thorough consideration of the facts and applicable law, we affirm the judgment of the trial court. |
Cheatham | Court of Criminal Appeals | |
State of Tennessee v. Dearice Cates, Alias
The defendant was convicted by a Knox County jury of three counts of especially aggravated kidnapping and one count each of aggravated robbery, attempted aggravated robbery, assault, and aggravated burglary, and received an effective sentence of twenty-four years. The trial court subsequently granted the defendant’s motion for judgment of acquittal as to the three especially aggravated kidnapping convictions, holding that the defendant could not be convicted of both kidnapping and robbery because the movement or confinement supporting each kidnapping conviction was essentially incidental to the commission of the robbery, decisions which the State appealed. The defendant likewise appealed, challenging the sufficiency of the evidence supporting his conviction for aggravated robbery. We affirm the defendant’s conviction for aggravated robbery and the trial court’s dismissal of one count of especially aggravated kidnapping. We reverse the trial court’s dismissal of the remaining two counts of especially aggravated kidnapping and remand for reinstatement of those convictions. In all other respects, the judgments of the trial court are affirmed. |
Knox | Court of Criminal Appeals | |
Emmett Crutcher v. State of Tennessee
The petitioner, Emmett Crutcher, pled guilty in 2005 to attempted aggravated arson and was sentenced as a Range II, multiple offender to twelve years in the Department of Correction. In 2006, the petitioner filed for post-conviction relief, alleging that his trial counsel was ineffective. After an evidentiary hearing, the post-conviction court denied his petition, and we affirm that judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Bobby Glenn Scott
Defendant, Bobby Glenn Scott, entered a plea of guilty to possession of methamphetamine, a Schedule II drug, a Class B felony; possession of unlawful drug paraphernalia, a Class A misdemeanor; and unlawful possession of a handgun by a convicted felon, a Class E felony. The transcript of the guilty plea submission hearing is not in the record. The judgments of conviction reflect that the trial court sentenced Defendant as a Range I, standard offender, to twelve years for possession of cocaine, two years for his weapons conviction, and eleven months, twenty-nine days for his misdemeanor conviction. The trial court ordered Defendant to serve his sentences concurrently for an effective sentence of twelve years. Defendant attempted to reserve a certified question of law under Rule 37(b)(2)(I) of the Tennessee Rules of Criminal Procedure, challenging the trial court’s denial of his motion to suppress the evidence seized after execution of a search warrant. After review, we conclude that this Court does not have jurisdiction to address the certified question because the certification did not meet the requirements of State v. Preston, 759 S.W.2d 647 (Tenn. 1988). The appeal is, therefore, dismissed. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Vern Braswell
Defendant, Vern Braswell, was indicted for first degree premeditated murder. Following a jury trial, Defendant was found guilty of the lesser included offense of second degree murder. After a sentencing hearing, Defendant was sentenced as a Range I, standard offender, to twenty-four years. On appeal, Defendant argues that (1) the evidence is insufficient to support his conviction; (2) the trial court erred in certain evidentiary rulings; and (3) his sentence is excessive. After a thorough review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kevin E. Glasgow
The defendant, Kevin E. Glasgow, was convicted of driving under the influence (DUI), fourth offense, a class E felony, and received a sentence of one year, suspended after 150 days. He was acquitted of driving on a revoked license. On appeal, the defendant argues that the evidence is not sufficient to support his conviction and that the jury rendered an inconsistent verdict by finding him guilty of DUI and not guilty of driving on a revoked license. We conclude that no error exists, and we affirm the judgment of the trial court. |
Stewart | Court of Criminal Appeals | |
Paul Hayes v. State of Tennessee
The petitioner, Paul Hayes, appeals the denial of his petition for post-conviction relief. On appeal, he contends that the trial court erred in denying his petition for relief but provides no proof of ineffective assistance of counsel. Therefore, the judgment from the post-conviction court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. William Edward Wright
The defendant, William Edward Wright, was convicted by a Davidson County jury of one count of conspiracy to sell over twenty-six grams of cocaine, a Class B felony; two counts of facilitation of the sale of over twenty-six grams of cocaine, a Class C felony; and one count of possession with intent to deliver over twenty-six grams of cocaine, a Class B felony. He was sentenced by the trial court as a Range II offender to twenty years for the conspiracy conviction, ten years for each of the facilitation convictions, and twenty years for the possession with intent to deliver conviction. Finding the defendant to be a professional criminal, that he had an extensive history of criminal activity, and that the offenses were committed while he was on probation, the trial court ordered that the twenty-year sentences be served consecutively, for an effective sentence of forty years in the Department of Correction. On appeal, the defendant argues that the evidence was insufficient to support his conspiracy and facilitation convictions, the trial court erred in denying his motions to suppress his statement and the evidence seized during the search of his residence, and his sentence was excessive. Finding no error, we affirm the judgments of the trial court. However, we remand for the entry of a corrected judgment in Count 3 to reflect the correct conviction offense of facilitation of the sale of over twenty-six grams of cocaine. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Seletta McKinnis
The Defendant, Seletta McKinnis, was arrested and pled guilty to failing to appear in court. She received a sentence of “time served.” The Defendant was subsequently indicted on separate offenses and applied for pretrial diversion. The prosecutor denied her application, explaining that she had previously served a sentence of confinement. She appealed to the Circuit Court, which also denied her application, and now she appeals, arguing that her “time served” sentence should not preclude her from pretrial diversion. Finding no error, we affirm the trial court’s judgment. |
Dyer | Court of Criminal Appeals | |
Mario Merritt v. State of Tennessee
A Shelby County jury convicted the Petitioner, Mario Merritt, of especially aggravated robbery, and the trial court sentenced him to twenty-five years in prison. The Petitioner filed a petition for post-conviction relief claiming he was not afforded the effective assistance of counsel. After a hearing, the post-conviction court denied the petition, finding the Petitioner failed to prove that trial counsel was deficient and that any alleged errors caused prejudice. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Keith T. Perry v. Glen Turner, Warden
The Petitioner, Keith T. Perry, pled guilty to second degree murder in 2000, with an agreed sentence of thirty years to be served at one hundred percent. He subsequently filed a petition for habeas corpus relief claiming the following: (1) the thirty-year sentence violated Blakely v. Washington and its progeny; (2) the thirty-year sentence violated the Tennessee Code’s requirement that Range I offenders not be sentenced to more than twenty-five years; and (3) the Tennessee Code sections applicable are ambiguous. The habeas court denied the petition, and, upon a thorough consideration of the facts and applicable law, we affirm the judgment of the habeas court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Richard Wayne Hampton
The defendant was convicted by jury of possession of .5 grams or more of a schedule II substance (cocaine) with intent to sell or deliver, a Class B felony. For his conviction, he was sentenced to ten years imprisonment. In this appeal, the defendant presents four issues for review: (1) whether the trial court improperly admitted evidence of a prior un-indicted drug sale at the defendant’s residence in violation of Rule 404(b) of the Tennessee Rules of Evidence ; (2) whether the trial court erred in failing to include the defendant’s special instruction in the jury charge; (3) whether the evidence was sufficient to support his conviction; and (4) whether the defendant was denied his right to a fair and impartial jury verdict due to improper extraneous influences on the jury’s deliberation. Finding no errors requiring reversal, we affirm the judgment of the trial court. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Antonio Ramon Smiles
The appellant, Antonio Ramon Smiles, was convicted of introduction of contraband into a penal institution and possession of more than one-half ounce of marijuana with intent to deliver. He received a total effective sentence of three years of confinement in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court’s failure to dismiss the indictment for introduction of contraband into a penal institution and the sufficiency of the evidence supporting his convictions. Upon our review of the record and the parties’ briefs, we affirm the judgments of the trial court. |
Lauderdale | Court of Criminal Appeals | |
Robert Louis Saine, Jr. v. State of Tennessee
he petitioner, Robert Louis Saine, Jr., appeals the denial of his petition for post-conviction relief from his 2006 convictions for aggravated assault, a Class C felony, and being a felon in possession of a weapon, a Class E felony. He received an effective sentence of eight years. He contends that he received the ineffective assistance of counsel and that his guilty pleas were unknowing and involuntary. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Henry Cooper and Lawrence M. Walker
Co-defendants, Henry Cooper and Lawrence M. Walker, were indicted on one count of attempted first degree premeditated murder and two counts of especially aggravated kidnapping. Following a jury trial, co-defendants were convicted of attempted second degree murder, a Class B felony, and were found not guilty of especially aggravated kidnapping. Following a sentencing hearing, the trial court sentenced Defendant Cooper as a Range I, standard offender, to twelve years, and Defendant Walker, as a Range I, standard offender, to eleven years. On appeal, each Defendant challenges the sufficiency of the convicting evidence, and Defendant Cooper challenges the length of his sentence. Defendant Walker does not challenge his sentence on appeal. After a thorough review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Phillip Doyle
The defendant, Phillip Doyle, was convicted of driving under the influence (DUI), second offense, and violating the implied consent law. The trial court imposed a sentence of 11 months and 29 days, with all but 45 days suspended to probation. In this appeal, the defendant asserts that the evidence is insufficient to support his DUI conviction. The judgment of the trial court is affirmed. |
Loudon | Court of Criminal Appeals | |
Mark Grimes v. Tony Parker, Warden, State of Tennessee
The petitioner, Mark Grimes, appeals from the circuit court’s summary dismissal of his pro se petition for writ of habeas corpus. Because we find merit to the petitioner’s claim for habeas corpus relief, we reverse and remand for further proceedings consistent with this opinion. |
Lauderdale | Court of Criminal Appeals | |
Jackie R. Rusell v. Ricky Bell, Warden
The Petitioner, Jackie R. Russell, appeals the summary dismissal of his petition seeking a writ of habeas corpus. The Petitioner alleges that his sentence was unconstitutionally imposed based on Blakely v. Washington, 542 U.S. 296 (2004). Following a review of the record, we conclude that the Petitioner has failed to allege any ground that would render the judgments of conviction void. The judgment of the Davidson County Criminal Court summarily dismissing the petition is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Vincent D. Steele
The Defendant, Vincent D. Steele, was convicted of possession of more than .5 grams of cocaine with the intent to sell, a Class B felony, and sentenced as a Range II, multiple offender to thirteen years in the Department of Correction. In this direct appeal, he presents a single issue for our consideration: whether the evidence presented at his trial was sufficient to establish that he had the intent to sell the cocaine that he possessed. Following our review, we affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals |
