State of Tennessee v. Margie Frances Hamby
A Blount County jury convicted the defendant, Margie Frances Hamby, of attempted theft of property valued under $500, and the trial court sentenced her to six months, with thirty days in jail and the balance to be served on supervised probation. On appeal, the defendant contends that the trial court erred in not granting her full probation. We affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. William Joshua Harwood
The defendant, William Joshua Harwood, appeals as of right from his Hamilton County Criminal Court convictions for attempt to manufacture methamphetamine and two counts of theft of property valued at over one thousand dollars. On appeal, he argues that the evidence is insufficient to support his convictions because they are based upon the uncorroborated testimony of an accomplice. The state concedes in its brief that the convictions should be reversed and dismissed for this reason. Following our review, we agree. Accordingly, the convictions are reversed and dismissed. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Robert S. Barnes
Following a jury trial, the petitioner, Robert S. Barnes, was convicted of reckless endangerment, attempted rape, robbery, aggravated burglary, and assault. For his convictions, the petitioner was sentenced as a career offender to an effective sentence of forty-five years for the felony convictions, plus consecutive sentences of eleven months and twenty-nine days for each of the two misdemeanor convictions. On direct appeal, this court affirmed the judgments of the trial court. State v. Robert Sanford Barnes, No. W2003-02967-CCA-R3-CD, 2005 WL 331376 (Tenn. Crim. App., at Jackson, Feb. 11, 2005). The petitioner filed a timely petition for post-conviction relief which the postconviction court subsequently denied after an evidentiary hearing. The petitioner now appeals. In this appeal, the petitioner contends that his trial counsel was ineffective. Following a thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court. |
Lauderdale | Court of Criminal Appeals | |
Neil Lincoln Miller v. Howard Carlton, Warden
The petitioner, Neil Lincoln Miller, appeals the summary dismissal of his petition for habeas corpus relief. He contends that his sentence is illegal. Because the record and law establish that the petitioner is not entitled to habeas corpus relief, we affirm the judgment of the trial court. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Nathaniel Starr
The defendant, Nathaniel Starr, appeals as of right his bench trial conviction for aggravated robbery, a Class B felony, for which he received a sentence of twenty-five years as a Range III, persistent offender. On appeal, he alleges that the evidence is insufficient to support his conviction for aggravated robbery and that the trial court erred in finding him to be a persistent offender. Following our review, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Sherman Clark v. State of Tennessee
The Petitioner, Sherman Clark, appeals the trial court's denial 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. The Petitioner fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
Allen Oliver v. David Mills, Warden
The Petitioner, Allen Oliver, appeals the lower court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to assert a ground that would entitle him to habeas corpus relief. Accordingly, we affirm the trial court's dismissal. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Jack N. Taylor
The defendant, Jack N. Taylor, was convicted of robbery, a Class C felony, and sentenced to three years in the community corrections program. On appeal, he argues that the evidence was insufficient to support his conviction. Following our review, we affirm the judgment of the trial court. |
Loudon | Court of Criminal Appeals | |
Terrance Burke v. State of Tennessee
The Appellant, Terrance Burke, appeals the judgment of the Shelby County Criminal Court denying his petition for post-conviction relief. On appeal, Burke argues that he was denied his Sixth Amendment right to the effective assistance of counsel. After a review of the record, we affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Roger Gene Davis
A Knox County jury convicted the Defendant of aggravated assault, one count of theft, Class D felony theft, and misdemeanor vandalism, and the trial court sentenced him to an effective sentence of thirteen years. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain his convictions for aggravated assault and theft; (2) the trial court improperly allowed testimony that the Defendant had kidnapped the victim the night before this incident; and (3) the trial court improperly imposed consecutive sentences. Finding that there exists no error, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. David Harold Hanson Concurring/Dissenting
I am, respectfully, unable to join in the majority’s reversal of the trial court’s judgment of conviction due to the insufficiency of the evidence, although I concur in the majority opinion regarding all other issues. The majority concludes that there is insufficient evidence upon which a rational trier of fact could conclude that the Defendant, knowingly, by other than accidental means, inflicted serious injury on this victim. Specifically, the majority concludes that there is a failure of evidence with regard to the Defendant’s mens rea. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. David Harold Hanson
The defendant, David Harold Hanson, was convicted of aggravated child abuse a Class A felony, and received a sentence of eighteen years imprisonment. On appeal, the defendant raises the following issues: (1) whether the evidence was sufficient to sustain his conviction; (2) whether the trial court erred in refusing to instruct the jury on the definition of “accidental means” as submitted by the defendant; (3) whether the trial court improperly instructed the jury on the “knowing” element of aggravated child abuse; and (4) whether the trial court erred by giving sequential jury instructions. Following our review of the record, the parties’ briefs and the applicable law, we conclude that the evidence was insufficient to prove that the defendant possessed the requisite mental state for aggravated child abuse; and therefore, we reverse the judgment of the trial court and dismiss the case. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Marty Michelle Clark
The defendant, Marty Michelle Clark, was convicted of attempted aggravated burglary, a Class D felony, and was sentenced by the trial court as a Range II offender to six years in confinement. The defendant appeals his conviction, arguing that the trial court lacked sufficient evidence to sustain his nconviction. Upon review of the full record and the applicable law, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Scott Christopher Magness
The defendant, Scott Christopher Magness, appeals as of right from the sentence of confinement imposed by the Hardin County Circuit Court for his conviction of attempted aggravated sexual battery, a Class C felony. As a Range I, standard offender, the defendant received a sentence of six years in the Tennessee Department of Correction. On appeal, the defendant contends that the trial court erred by denying alternative sentencing. We affirm the trial court. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Bradley Ferrell - Dissenting
The majority in this case concludes that defendant is not entitled to relief based on the trial court’s rulings regarding the defendant’s proposed expert, Dr. Stephen Adams. As the majority states, the trial court ruled that Dr. Adams was qualified to give expert testimony regarding the defendant’s brain injuries; however, in ruling that Dr. Adams was not qualified as a psychiatric expert, the trial court stated that “[t]he court does not prefer to hear testimony regarding capacity on a non-specific intent crime.” In my view, this ruling prevented the Dr. Adams from presenting any testimony that the defendant lacked the capacity to form the requisite mental state for the offense with which he was charged. As a result, the defendant was prevented from presenting the key element of his defense, and the ruling clearly prejudiced the defendant. Therefore, I must respectfully dissent. |
Van Buren | Court of Criminal Appeals | |
State of Tennessee v. Bradley Ferrell
The defendant, Bradley Ferrell, was convicted by a Van Buren County jury of escape, a Class A misdemeanor, and was sentenced by the trial court to eleven months, twenty-nine days, suspended after service of sixty days in the county jail. On appeal, he argues that the trial court erred in finding him competent to stand trial, in not permitting his expert witness to testify about his incapacity to form the requisite intent for the crime, in refusing his request for a special jury instruction on diminished capacity, and in overruling his motion for a new trial. Following our review, we affirm the judgment of the trial court. |
Van Buren | Court of Criminal Appeals | |
State of Tennessee v. Jarvis Harris
The defendant, Jarvis Harris, was convicted of first degree premeditated murder and attempted first degree murder and sentenced to concurrent terms of life imprisonment and eighteen years. On appeal, he argues: (1) the trial court erred in denying his motion in limine to exclude references to gang affiliation and the State made improper comments about gang membership during opening and closing statements; (2) the trial court erred in denying his motion to suppress his statements; and (3) the trial court imposed an excessive sentence. Based on our review, we affirm the judgments of conviction but remand for appropriate resentencing for the attempted first degree murder conviction. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Lachanta Monique Tyler
The defendant, Lachanta Monique Tyler, was convicted by a Davidson County jury of aggravated assault, a Class C felony, and theft of property involving merchandise valued at $500 or less, a Class A misdemeanor. See T.C.A. §§ 39-13-102; 39-14-103; 39-14-105; 39-14-146. She was sentenced to three years for the aggravated assault conviction and eleven months and twenty-nine days for the theft conviction, with the sentences imposed concurrently and to be served on probation. The defendant appeals, claiming (1) that the evidence was insufficient to support her conviction of aggravated assault, (2) that the trial court erred in denying her motion for judgment of acquittal on aggravated assault, (3) that the trial court erred in failing to sever these offenses from two other offenses of which she was acquitted, (4) that the court erred by admitting prior bad act evidence of a prior shoplifting incident. Upon review, we affirm the defendant’s theft conviction, modify the aggravated assault conviction to assault, and remand the case for imposition of judgment on the assault conviction including a sentence of eleven months and twenty-nine days to be served on probation and concurrently with the theft sentence. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Terna Hatten
The defendant, Terna Hatten, appeals the five-year sentence he received after pleading guilty to aggravated assault, a Class C felony. He argues that the length of the imposed sentence was too long and that the trial court erred in enhancing his sentence beyond the minimum of three years. After review, we affirm the judgment from the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. William Phillip Graham
The defendant, William Phillip Graham, was convicted of aggravated rape, a Class A felony, at a jury trial in the Madison County Circuit Court. He is presently serving a twenty-year sentence as a Violent Offender in the Department of Correction. In this appeal, he argues 1) that the evidence is insufficient to support his conviction; 2) that the trial court erred in denying his petition to compel attendance of an out-of-state witness; 3) that the trial court made erroneous rulings during the trial relative to the scope of redirect examination of a state’s witness; 4) that the court erred in denying his request to make an offer of proof after an adverse evidentiary ruling; 5) that the court erred in allowing the state to recall the victim during its case-in-chief; and 6) that the trial court erred in denying the defendant’s requests for curative instructions relative to two aspects of the prosecutor’s closing argument. We conclude that no reversible error occurred, and we affirm the judgment of the trial court. Tenn. |
Madison | Court of Criminal Appeals | |
Constancia Reyes v. State of Tennessee
The petitioner, Constancia Reyes, pled guilty in the Shelby County Criminal Court to possession of three hundred grams or more of cocaine with intent to sell and agreed to a fifteen-year sentence as a Range I, standard offender. Subsequently, she filed a petition for post-conviction relief, claiming that she received the ineffective assistance of counsel because her trial attorney failed to file a motion to suppress the evidence seized as a result of her traffic stop and that she was coerced into pleading guilty. The post-conviction court denied the petition for post-conviction relief, and the petitioner appeals. Upon review of the record and the parties’ briefs, we affirm the judgment of the postconviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Antonio Dante Edmondson
The defendant, Antonio Dante Edmondson, was convicted at a jury trial of two counts of facilitation of aggravated robbery, Class C felonies. He received two five-year terms to be served consecutively in the Department of Correction, for an effective sentence of ten years. In this appeal, he claims (1) that the evidence is insufficient to support his convictions, (2) that the trial court erred in admitting proof of other robberies under Tennessee Rule of Evidence 404(b), and (3) that he was improperly sentenced. We affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Freddie McCullough
The Appellant, Freddie McCullough, appeals the Shelby County Criminal Court’s denial of his request for non-incarcerative alternative sentences. McCullough pled guilty to one count of statutory rape and one count of sexual battery, both Class E felonies, and, under the terms of the plea agreement, received one-year sentences for each conviction with the trial court determining the manner of service of the sentences. The agreement also allowed McCullough to seek judicial diversion. After a sentencing hearing, the trial court denied judicial diversion and ordered McCullough to serve concurrent terms of sixty days in the workhouse on each one-year sentence, followed by one year of probation. On appeal, McCullough argues that the trial court erred by denying judicial diversion or, in the alternative, total probation. After review, the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
James Beasley v. State of Tennessee
The petitioner, James Beasley, appeals from the Madison County Circuit Court’s denying him postconviction relief from his convictions for aggravated burglary, a Class C felony, and theft of property valued at $500 or less, a Class A misdemeanor. See T.C.A. §§ 39-14-403; 39-14-103; 39- 14-105(1). He was sentenced to fifteen years and eleven months and twenty-nine days, to be served concurrently as a Range III offender. The petitioner contends the trial court erred in denying him post-conviction relief based upon the ineffective assistance of trial counsel. We conclude that no error exists and affirm the trial court’s judgment. |
Madison | Court of Criminal Appeals | |
Demarcus Smith v. State of Tennessee
The petitioner, Demarcus Smith, pro se, appeals the summary dismissal of his “petition for writ of habeas corpus to correct illegal sentence.” He contends his sentence is illegal because a Range I, standard offender cannot be required to serve one hundred percent before release eligibility. After review, we conclude the judgment is facially valid and the summary dismissal is affirmed. |
Lauderdale | Court of Criminal Appeals |
