Jasper Lee Vick v. State of Tennessee
On appeal, Petitioner, Jasper Lee Vick, argues that the trial court erred in summarily dismissing his petition for writ of habeas corpus relief. In his petition, Petitioner alleged that the trial court improperly determined that Petitioner was a Range II, multiple offender, for the purpose of determining the length of his sentences for especially aggravated kidnapping and sexual battery. After review, we conclude that Petitioner has failed to state a ground for which habeas corpus relief is available. Accordingly, we affirm the trial court’s dismissal of Petitioner’s petition for writ of habeas corpus relief. |
Hardeman | Court of Criminal Appeals | |
Anthony T. Woods v. State of Tennessee
Petitioner, Anthony Woods, appeals the post-conviction court’s denial of his petition for postconviction relief in which he alleged the ineffective assistance of counsel at trial when he was convicted of aggravated assault. After a thorough review, we affirm the judgment of the postconviction court. |
Hardeman | Court of Criminal Appeals | |
Darryl Lee Elkins v. State of Tennessee and Rhonda Grills v. State of Tennessee - Concurring
I concur in the results reached and most of the reasoning in the majority opinion. I respectfully disagree with the court’s statement that the standard of prejudice for ineffective assistance of appellate counsel is whether, absent counsel’s deficiency, a reasonable probability exists that the outcome of the appeal would have been different. I believe that the proper standard is the same for trial counsel, that is, whether a reasonable possibility that, but for counsel’s deficiency, the outcome of the trial would have been different. |
Sullivan | Court of Criminal Appeals | |
Darryl Lee Elkins v. State of Tennessee and Rhonda Grills v. State of Tennessee
The petitioners, Darryl Lee Elkins and Rhonda Grills, were jointly tried and convicted of offenses against the minor child of Rhonda Grills by the Criminal Court for Sullivan County. Petitioner Elkins was convicted of rape of a child (Class A felony) and attempted rape of a child (Class B |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Mark Dewayne Culbertson
A Sevier County jury convicted the defendant, Mark Dewayne Culbertson, of possession of a controlled substance in a penal institution, a class C felony. The trial court sentenced the defendant, a Range II offender, to eight years and six months in prison. On appeal, the defendant contends that the trial court erred when it: (1) denied his motion to suppress his statement; (2) denied his motion for judgment of acquittal; (3) denied his motion for a new trial because he was not notified pretrial that the controlled substance was destroyed during testing; (4) denied his motion for new trial based upon prosecutorial misconduct; (5) failed to order a new trial because of newly discovered evidence; and (6) improperly sentenced the defendant. Finding that there exists no error, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
Mathis T. Vaughn v. James Worthington, Warden
The petitioner, Mathis T. Vaughn, appeals the summary dismissal of his petition for writ of habeas corpus. In this appeal, he asserts that the habeas corpus court erred by dismissing his petition prior to the appointment of counsel and that his conviction for first degree felony murder is void because (1) the trial court failed to charge any lesser included offenses of felony murder and (2) the indictment did not charge an underlying felony to support the felony murder charge. The judgment of the habeas corpus court is affirmed. |
Morgan | Court of Criminal Appeals | |
Montez Dickerson v. State of Tennessee
The petitioner, Montez Dickerson, pled guilty to delivery of a controlled substance under .5 grams, and the trial court sentenced him as a persistent offender to ten years in prison. The petitioner filed a petition for post-conviction relief, which was amended by appointed counsel. In the petition, the petitioner alleges that he received the ineffective assistance of counsel and that his guilty plea was not voluntarily entered. The post-conviction court dismissed the petition after a hearing. The petitioner appeals that dismissal, and we affirm the judgment of the postconviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Oshia Lynn Starnes, A/K/A Oshia Lynn Baffa, A/K/A Oshia Lynn Boffa
The appellant, Oshia Lynn Starnes, a/k/a Oshia Lynn Baffa, a/k/a Oshia Lynn Boffa, pled guilty in the Sullivan County Criminal Court to two counts each of identity theft, forgery, and misdemeanor theft and agreed to an effective sentence of four years with the manner of service to be determined by the trial court. After a sentencing hearing, the trial court ordered that the appellant serve her effective sentence in confinement. On appeal, the appellant contends that the trial court erred by denying her request for alternative sentencing. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. James Paul Hurt
James Paul Hurt, the defendant, was convicted of selling .5 grams or more of a Schedule II controlled substance and also of delivering the same substance. Both are Class B felonies. These convictions were merged, and the defendant was sentenced as a Range II, multiple offender to twenty years confinement. On appeal, the defendant avers that (1) the evidence was insufficient to support the guilty verdicts, and (2) the physical restraints placed on the defendant during trial violated his constitutional rights. After review, we have concluded that the evidence was sufficient and that the restraints and safeguards imposed were reasonable under the circumstances and constitutionally permissible. Accordingly, the conviction is affirmed. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Charles Curtis
A Shelby County Criminal Court jury convicted the appellant, Charles Curtis, of second degree murder and aggravated robbery, and the trial court sentenced him to consecutive sentences of thirty-six years and sixteen years, respectively. On appeal, the appellant contends that (1) the evidence is insufficient to support the convictions; (2) the trial court erred by allowing the appellant and one of his codefendants to be tried jointly; (3) the trial court erred by granting the State’s motion to sequester the jury; (4) the trial court erred by admitting autopsy photographs of the victim’s eyes into evidence; (5) his sentences are excessive; and (6) the cumulative effect of these errors denied him the right to a fair trial and due process. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Dana Keith Woods
The Defendant, Dana Keith Woods, was convicted of first degree premeditated murder, felony murder, attempted first degree murder, aggravated assault, aggravated burglary, and especially aggravated kidnapping. The trial court merged the convictions for first degree premeditated murder and felony murder and also merged the convictions for attempted first degree murder and aggravated assault. For these convictions, the Defendant received an effective sentence of life imprisonment without the possibility of parole plus fifty years. In this direct appeal, the Defendant raises the following issues for our review: (1) whether the trial court abused its discretion by admitting photographs of the victim; (2) whether the evidence was sufficient to support his convictions; (3) whether the trial court erred in failing to instruct on voluntary intoxication; and (4) whether the trial court erred by imposing consecutive sentences.1 Following a review of the record and the applicable authorities, we affirm the Defendant’s convictions and sentences. |
Madison | Court of Criminal Appeals | |
Michael L. McKillip v. Jim Morrow, Warden, Tennessee State Peniteniary, and State of Tennessee
The pro se petitioner, Michael L. McKillip, appeals as of right the Bledsoe County Circuit Court’s summary dismissal of his petition for a writ of habeas corpus. The petitioner was convicted of aggravated sexual battery pursuant to his guilty plea in the Shelby County Criminal Court and received a sentence of fifteen years as a Range II offender to be served at one hundred percent. He alleges that he is entitled to habeas corpus relief because the trial court erroneously allowed him to plead outside his range and because the 1989 Criminal Sentencing Reform Act violates the United States Supreme Court’s holding in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004). The trial court summarily dismissed the petition for failure to state a cognizable claim. Following our review, we affirm the judgment of the trial court. |
Bledsoe | Court of Criminal Appeals | |
James Davis v. State of Tennessee
The petitioner, James Davis, was convicted by a Tipton County jury of felony murder and aggravated robbery and received consecutive sentences of life without parole and twenty years. This court affirmed the petitioner’s convictions on direct appeal. State v. James Robert Davis, No. W2003- 02362-CCA-R3-CD, 2005 WL 452569, at *1 (Tenn. Crim. App. Feb. 24, 2005), perm. to appeal denied (Tenn. Aug. 22, 2005). In 2006, the petitioner filed a petition for post-conviction relief, alleging that he received ineffective assistance of counsel at trial. Following an evidentiary hearing, the post-conviction court dismissed the petition. After reviewing the record and finding no error, we affirm that order. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Scott Eric McDonald
The Appellant, Scott Eric McDonald, presents for review a certified question of law pursuant to Tenn. R. Crim. P. 37(b)(2)(A). McDonald pled guilty to driving under the influence (DUI), second offense, and, as a condition of his guilty plea, reserved a certified question of law challenging the denial of his motion to suppress evidence, arguing that there was no reasonable suspicion to support the initial stop of his vehicle. On appeal, the State asserts that McDonald failed to properly reserve his certified question, and, as a result, this court is without jurisdiction to hear the appeal. Following review, we agree that the certified question of law was not properly reserved. Accordingly, the appeal is dismissed. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Hezekiah Cooper
Appellant, Hezekiah Cooper, was convicted of four counts of attempt to commit second degree murder, four counts of aggravated robbery, one count of aggravated burglary, and one count of possession of a firearm. As a result, the trial court sentenced Appellant to an effective sixty-year sentence. After the denial of a motion for new trial, Appellant presents the following issues for our review: (1) whether the evidence is sufficient to support the convictions; (2) whether the trial court erred “in refusing to allow Appellant to argue alternative theories” at trial; (3) whether the trial court erred in refusing to admit exculpatory evidence; (4) whether the trial court improperly instructed the jury on lesser included offenses; (5) whether Appellant’s sentences were excessive; and (6) whether the trial court erred by ordering Appellant to serve his sentences consecutively. After reviewing the issues, we determine that: (1) Appellant waived the issue regarding lesser included offenses for failing to request instructions at trial; (2) the trial court did not abuse its discretion in failing to admit exculpatory evidence; (3) Appellant waived several evidentiary issues by raising them for the first time on appeal; and (4) the trial court properly sentenced Appellant. However, we determine that the evidence was only sufficient to support two convictions for attempted second degree murder with respect to the actions against Ms. Thompson and her daughter Tanisha. Therefore, we reverse and dismiss the two remaining convictions for attempted second degree murder. Further, we determine that the evidence supports only one conviction for aggravated robbery because there was only one theft from the victims’ residence of property that was owned by Mr. Norfleet. However, we modify the conviction for aggravated robbery with respect to Jeraldrika Thompson to a conviction for aggravated assault and remand to the trial court for sentencing on that count. However, we are unable to modify the two remaining convictions for aggravated robbery with respect to the actions taken against Ms. Thompson and Tanisha Thompson to aggravated assault because double jeopardy principles prohibit dual convictions for attempted second degree murder and aggravated assault. Accordingly, the convictions for aggravated robbery with respect to Ms. Thompson and Tanisha Thompson are reversed and dismissed. In all other respects, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Timothy Frazier
The defendant, Timothy Frazier, pled guilty to one count of theft of property more than $1,000 but less than $10,000, a Class D felony. The trial court denied the defendant’s request for judicial diversion and ordered him to serve a two-year, suspended sentence on supervised probation. On appeal, the defendant argues that the trial court’s denial of judicial diversion should be reversed. Upon review of the record and the parties’ briefs, we reverse the judgment of the trial court and remand this case for reconsideration. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Joe Allen Brown
The defendant, Joe Allen Brown, pleaded guilty to two counts of possession of under .5 grams of cocaine with the intent to sell and/or deliver and was sentenced in the Madison County Circuit Court to an effective four year term to be served in a community corrections program. On March 16, 2007 the court revoked the community corrections sentence and resentenced the defendant to serve six years in the Department of Correction. From that order, the defendant appeals. Upon review, we affirm the judgment below. |
Madison | Court of Criminal Appeals | |
Verico Dewayne Jackson v. State of Tennessee
The Appellant, Verico Dewayne Jackson, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief. Jackson, who was convicted of first degree murder, is currently serving a sentence of life imprisonment with the possibility of parole. On appeal, he argues that he was denied his Sixth Amendment right to the effective assistance of counsel, specifically arguing that trial counsel was ineffective in: (1) failing to adequately communicate with Jackson and the investigator assigned to the case, resulting in a lack of preparation for trial; (2) failing to seek a severance in the case; and (3) failing to request and argue for certain lesser-included offense instructions. After review, the judgment of the post-conviction court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Reginald Anthony Laye
Appellant, Reginald Anthony Laye, pled guilty to evading arrest and criminal impersonation prior to a jury trial, during which he was convicted of possession of .5 grams or more of cocaine with the intent to sell and possession of .5 grams or more of cocaine with the intent to deliver. The trial court merged the two convictions for possession into one conviction for possession of a Schedule II drug for resale. As a result of the convictions, Appellant was sentenced to an effective sentence of ten years and six months. After the denial of a motion for new trial and the filing of a timely notice of appeal, Appellant argues in this Court that the evidence was insufficient to support the conviction for possession of cocaine with the intent to sell or deliver. After a review of the record, we determine that the evidence was sufficient to support the conviction for possession of cocaine with the intent to sell or deliver and, therefore, affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
Eric T. Armstrong v. State of Tennessee
The Appellant appeals the trial court's dismissal of his petition for post conviction relief. The Appellant has presented a new claim on appeal. The Court concludes that the claim is waived due to Appellant's failure to raise it in his petition below. Accordingly, the judgment of the trial court is affirmed. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. John Britt
The defendant, John Britt, appeals as of right his jury convictions in Shelby County Criminal Court for two counts of solicitation of first degree murder. The trial court imposed consecutive sentences of ten years as a Range I, standard offender for each count, resulting in a total effective sentence of twenty years. On appeal, he asserts that the trial court committed plain error in its admission of allegedly improper testimony, in failing to declare a mistrial due to improper behavior by the prosecutors during the trial, and in failing to adequately instruct the jury after the defendant was improperly impeached regarding a prior bad act. He also asserts that the trial court improperly overruled the defendant’s objection to testimony and commented on the evidence in the presence of the jury. Finally, he urges this court to find plain error in the trial court’s sentencing for multiple reasons, including allegations that the imposition of the enhanced length and consecutive manner of service violates Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004). Following our review, we affirm the defendant’s convictions for solicitation of first degree murder but conclude that the trial court’s imposition of sentences beyond the presumptive minimum violated Blakely. Therefore, upon remand, the trial court shall enter judgments to reflect sentences of eight years, for each count, to be served consecutively. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Timothy Ray Azbill
The defendant, Timothy Ray Azbill, was found guilty by a Decatur County jury of aggravated burglary, rape of a child, and especially aggravated kidnapping, and received an effective sentence of twenty-five years in the Department of Correction. The defendant challenges the sufficiency of the evidence supporting his convictions and the trial court’s application of sentencing enhancement factors. After review, we conclude that the defendant’s claims are without merit and affirm the judgments. However, we additionally conclude that, as to the convictions for rape of a child and especially aggravated kidnapping, the court began at the midpoint of the range, rather than the minimum as required, and, therefore, remand for resentencing as to those two offenses. |
Decatur | Court of Criminal Appeals | |
Tony Carruthers v. State of Tennessee
The petitioner, Tony Carruthers, appeals the denial of his petition for post-conviction relief. In April 1996, a Shelby County jury convicted the petitioner of the first degree murders of Marcellos Anderson, Delois Anderson, and Frederick Tucker and imposed a sentence of death for each conviction. The Tennessee Supreme Court affirmed the convictions and sentences on direct appeal. State v. Carruthers, 35 S.W.3d 516 (Tenn. 2000). In December 2001, the petitioner filed a pro se petition for post-conviction relief. By order entered April 16, 2002, the supreme court appointed a Davidson County post-conviction court to preside over the case. Post-conviction counsel was appointed and an evidentiary hearing was subsequently conducted on various dates between August 29, 2005, and November 3, 2005. On February 2, 2006, the post-conviction court entered an order denying the petition. On appeal to this court, the petitioner raises issues of ineffective assistance of pretrial and appellate counsel and prosecutorial misconduct. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Sammy Morrison
A Grundy County jury convicted the Defendant, Sammy Morrison, of driving under the influence and resisting arrest. The trial court sentenced him to eleven months, twenty-nine days, with all but forty hours suspended for the DUI and to five days, suspended, for the resisting arrest conviction. On appeal, the Defendant argues that there was not sufficient evidence to support his convictions. After a thorough review of the evidence and applicable law, we affirm the judgments of the trial court. |
Grundy | Court of Criminal Appeals | |
State of Tennessee v. Sherman Boddie
The defendant, Sherman Boddie, was convicted in the Tipton County Circuit Court of driving under the influence (DUI) and DUI per se. The trial court merged the convictions and sentenced the defendant to eleven months and twenty-nine days, to be served on unsupervised probation after fortyeight hours incarceration. On appeal, the defendant argues that the trial court erred in denying his motion to suppress evidence of his intoxication, because the sobriety roadblock where he was stopped violated the Tennessee Constitution. We hold that the roadblock was constitutional and affirm the trial court’s denial of the motion to suppress. |
Tipton | Court of Criminal Appeals |
