Nathan Scarborough v. State of Tennessee
The Petitioner, Nathan Scarborough, pleaded guilty to aggravated child abuse of a child eight years of age or less and second degree murder, and he received an effective thirty-three-year sentence. The Petitioner filed a petition for post-conviction relief, contending that he received ineffective assistance of counsel and that he did not plead guilty knowingly and voluntarily. Following a hearing, the post-conviction court denied the petition, and the Petitioner appeals. After review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Demarco Waters v. State of Tennessee
The Petitioner, DeMarco Waters, appeals the denial of post-conviction relief with respect to his convictions for one count of first degree premeditated murder, three counts of attempted first degree murder, one count of attempted second degree murder, and four counts of employing a firearm during the commission of a dangerous felony, for which he received an effective sentence of life imprisonment plus seventy-seven years. On appeal, the Petitioner maintains that he received ineffective assistance of counsel at trial. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Seddrick Curry
The Petitioner, Seddrick Curry, pleaded guilty to two counts of aggravated burglary, one count of theft of property valued at $10,000 or more but less than $60,000, and one count of theft of property valued at $1,000 or more but less than $10,000, and he was sentenced to an effective thirty-year period of incarceration. The Petitioner filed a motion to withdraw his guilty pleas, claiming that his pleas were not knowingly and voluntarily entered due, in part, to the ineffective assistance of counsel. The trial court denied the Petitioner’s motion, and the trial court’s decision was affirmed on appeal. The Petitioner then petitioned for post-conviction relief on the basis that he received ineffective assistance of counsel. The post-conviction court denied his petition, and the Petitioner appeals. After review, we conclude that the issue presented on appeal has been previously determined, and we affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Randal Ledon Tate
Defendant, Randal Ledon Tate, was convicted by a jury of possession with intent to sell less than fifteen grams of heroin within 1,000 feet of a school (count 1), possession with intent to deliver less than fifteen grams of heroin within 1,000 feet of a school (count 2), simple possession of Alprazolam (“Xanax”) (count 3), possession with intent to deliver Xanax within 1000 feet of a school (count 4), driving without a license (count 5), criminal impersonation (count 6), violation of the financial responsibility law (count 7), violation of the registration law (count 8), and driving a motor vehicle without operational taillights. (count 9). The trial court merged count 2 into count 1 and count 3 into count 4 and imposed an effective fifteen-year sentence as a Range I offender to be served in confinement. On appeal, Defendant argues: that the evidence was insufficient to support his convictions for possession of Xanax and heroin with intent to sell or deliver; that the trial court erred by admitting text messages about prior drugs sales; and that the trial court erred by denying his motion to dismiss based on an alleged Ferguson violation. After hearing oral arguments, and following a review of the entire record and the briefs of the parties, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Martin Hubert White
The Appellant, Martin Hubert White, pled guilty in the Giles County Circuit Court to aggravated assault, a Class C felony, and burglary of an automobile, a Class E felony, and received an effective three-year sentence suspended to time served and supervised probation. On appeal, the Appellant claims that the trial court erred by denying his request for judicial diversion. Based upon our de novo review of the record and the parties’ briefs, we affirm the judgments of the trial court. |
Giles | Court of Criminal Appeals | |
Christopher Demotto Linsey v. State of Tennessee
The Petitioner, Christopher Demotto Linsey, appeals the denial of his petition for post-conviction relief, arguing that his trial counsel was ineffective for failing to file a motion to suppress evidence obtained from his cell phone, failing to object to evidence presented at trial, and failing to file a timely motion for new trial. Based on our review, we affirm the judgment of the post-conviction court denying relief. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Marcus Malone
The Defendant, Marcus Malone, appeals as of right from his convictions for second degree murder, attempted first degree murder, five counts of attempted second degree murder, twelve counts of aggravated assault, six counts of employing a firearm during the commission of a dangerous felony, and reckless endangerment with a deadly weapon, for which the trial court imposed an effective sentence of one hundred thirty-three years. The Defendant contends that (1) the trial court erred by denying the Defendant’s motion to suppress his police statement; (2) the trial court erred by failing to inquire into the Defendant’s request for substitute counsel; (3) the trial court erred by instructing the jury on criminal responsibility and by failing to instruct the jury on facilitation or self-defense; (4) the evidence was insufficient to establish his identity as the shooter; (5) his sentence is excessive; (6) the trial court erred by imposing partial consecutive service; and (7) his aggregate sentence is unconstitutional in light of his status as a juvenile at the time of the offenses. After a thorough review of the record and applicable law, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jeremiah McDaniel
The Appellant, Jeremiah McDaniel, was convicted in the Monroe County Criminal Court of solicitation of a minor to commit sexual battery, a Class A misdemeanor, and received a sentence of one hundred eighty days to be served in jail. On appeal, the Appellant contends that the trial court erred by constructively amending the indictment from solicitation of a minor to commit sexual battery by an authority figure to solicitation of a minor to commit sexual battery because sexual battery is not a lesser-included offense of sexual battery by an authority figure; that the evidence is insufficient to support the conviction because the evidence fails to show lack of consent; that the trial court should have dismissed the case or stricken the victim’s trial testimony because the State failed to produce the victim’s audio-recorded statement; that the trial court erred by admitting photographs of Facebook messages allegedly between the Appellant and the victim into evidence; that the trial court erred by limiting his cross-examination of the victim, by advising the victim of the victim’s Fifth Amendment rights, and by allowing the victim to invoke those rights; and that his six-month sentence in confinement is excessive. Based upon the record and the parties’ briefs, we conclude that sexual battery without consent is not a lesser-included offense of sexual battery by an authority figure but that sexual battery without consent is a lesser-included offense of solicitation of a minor to commit sexual battery by an authority figure. Therefore, the trial court properly instructed the jury on the lesser-included offense. However, we also conclude that the evidence is insufficient to support the Appellant’s conviction of solicitation of a minor to commit sexual battery. Therefore, the conviction is reversed and vacated, and the original charge is dismissed. |
Monroe | Court of Criminal Appeals | |
Linda Anne Dunavant v. State of Tennessee
Petitioner, Linda Anne Dunavant, appeals the denial of her post-conviction petition alleging that the post-conviction court erred in finding that she received the effective assistance of counsel at trial. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court. |
Tipton | Court of Criminal Appeals | |
Demetrius Grimes v. State of Tennessee
Petitioner, Demetrius Grimes, appeals the denial of his post-conviction petition arguing that the post-conviction court erred in denial of his petition. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Kevvon Clark
The Defendant, Kevvon Clark, was convicted by a Shelby County Criminal Court jury of first degree premeditated murder; first degree felony murder; two counts of especially aggravated kidnapping, a Class A felony; aggravated rape, a Class A felony; and aggravated robbery, a Class B felony, for which he is serving an effective life sentence. See T.C.A. §§ 39-13-202 (2018) (subsequently amended) (first degree murder), 39-13-305 (2018) (especially aggravated kidnapping), 39-13-502 (2018) (subsequently amended) (aggravated rape), 39-13-402 (2018) (aggravated robbery). On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions for first degree murder, one count of especially aggravated kidnapping, and aggravated rape, and (2) this court should grant relief, as a matter of plain error, from the trial court’s failure to give a jury instruction in accord with State v. White, 362 S.W.3d 559 (Tenn. 2012). We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. William Isaac Atwood
A Clay County jury convicted the defendant, William Isaac Atwood, of possession of a prohibited weapon and possession of a firearm by a convicted felon, and the trial court imposed an effective Range II sentence of thirteen years’ incarceration. On appeal, the defendant challenges the sufficiency of the evidence supporting his convictions and the trial court’s sentencing him as a Range II offender. Upon our review of the record and the applicable law, we affirm the judgments of the trial court. |
Clay | Court of Criminal Appeals | |
State of Tennessee v. Lance White
The Appellant, Lance White, was convicted in the Madison County Circuit Court of various offenses, including driving under the influence (DUI), fourth offense, and received an effective six-year sentence to be served as eleven months, twenty-nine days in confinement followed by five years on supervised probation. Subsequently, the trial court revoked the Appellant’s probation, and the Appellant filed a “Motion to Correct Sentence.” The trial court denied the motion, and the Appellant appeals. Based upon our review of the record and the parties’ briefs, we conclude that the appeal should be dismissed. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Brandon Wayne Watson
The defendant, Brandon Wayne Watson, appeals his Tipton County Circuit Court jury convictions of rape of a child and aggravated sexual battery, arguing that the evidence was insufficient to support his convictions. On cross-appeal, the State argues that the trial court erred by merging the defendant’s conviction for aggravated sexual battery into his conviction for rape of a child. Because the evidence sufficiently supports the verdicts, we affirm the defendant’s convictions. Because the defendant’s dual convictions do not violate the principles of double jeopardy, we reverse the trial court’s merger of the offenses and remand the case for a new sentencing hearing. |
Tipton | Court of Criminal Appeals | |
Matthew Reynolds v. State of Tennessee
The Petitioner, Matthew Reynolds, appeals the denial of post-conviction relief from his convictions for first degree premeditated murder, first degree felony murder, and especially aggravated kidnapping, arguing that his trial counsel was ineffective for not properly investigating the case and not requesting a sequestered jury, a change of venue, and a severance from his co-defendants. Based on our review, we affirm the judgment of the post-conviction court denying relief. |
Montgomery | Court of Criminal Appeals | |
Athanasios D. Edmonston v. State of Tennessee
The Petitioner, Athanasios D. Edmonston, appeals from the Williamson County Circuit Court’s summary dismissal of his petition for post-conviction relief from his especially aggravated kidnapping, aggravated burglary, aggravated assault, and misdemeanor assault convictions and his effective twenty-four-year sentence. On appeal, the Petitioner contends that the post-conviction court erred by determining that his petition was untimely and that due process did not require tolling the statute of limitations period. We affirm the judgment of the post-conviction court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. John William Gay
Defendant, John William Gay, was convicted following a jury trial of aggravated robbery and theft of property under $1,000. The trial court ordered Defendant to serve a twelve-year sentence in the Tennessee Department of Correction for the aggravated robbery and a concurrent eleven-month, twenty-nine-day sentence for the theft conviction. On appeal, Defendant argues that the evidence is insufficient to support his convictions for aggravated robbery and theft of property. Defendant further argues that the trial court abused its discretion by misapplying every enhancement factor it cited, failing to apply mitigating factors, and violating the purposes and principles of sentencing. Following our review of the entire record and the parties’ briefs, we affirm the judgments of the trial court. However, the trial court’s failure to merge the theft conviction and the aggravated robbery conviction constituted plain error. The case is remanded to the trial court for merger of those convictions and entry of corrected judgment forms to reflect said merger. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Sherman Lee Harris
Defendant, Sherman Lee Harris, pleaded guilty to delivery of a Schedule II controlled substance and received a suspended sentence of twelve years on supervised probation in 2011. In 2013, Defendant pleaded guilty to facilitation of delivery of a Schedule II controlled substance and received a suspended sentence of 10 years on supervised probation, to be served consecutively to his 12-year sentence. On January 29, 2021, after only hearing from Defendant’s probation officer regarding new charges in Shelby County, the trial court revoked Defendant’s probation in both cases and ordered he serve the balance of his sentences. Defendant appeals, contending that the trial court erroneously admitted hearsay evidence without determining that it was reliable or that there was good cause to admit the evidence. After our review, we reverse and remand the judgments of the trial court because the State only produced unreliable hearsay evidence and thus failed to establish by a preponderance of the evidence that Defendant had violated the law. On remand, the trial court should hold another hearing to determine if Defendant violated his probation. |
Fayette | Court of Criminal Appeals | |
Nehad Sobhi Abdelnabi v. State of Tennessee
Petitioner, Nehad Sobhi Abdelnabi, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in denying his claim that he was denied a trial by an impartial jury and in dismissing his second amended petition claiming that trial counsel was ineffective in failing to convey a plea offer. After hearing oral arguments and following a review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Jamarces J. Watson v. State of Tennessee
The Petitioner, Jamarces J. Watson, pleaded guilty to two counts of especially aggravated kidnapping and eight counts of aggravated robbery, and the trial court sentenced him to an effective sentence of forty years of incarceration. The Petitioner filed a pro se petition for post-conviction relief, which the post-conviction court summarily dismissed. On appeal, the Petitioner contends that the post-conviction court erred because: (1) his trial counsel was ineffective for failing to inform him of the required jury instruction pursuant to State v. White, 362 S.W.3d 559 (Tenn. 2012) and because he failed to investigate the case; (2) the trial court improperly ruled that he forfeited his right to counsel; (3) he was denied his right to a speedy trial; and (4) the cumulative effect of the errors entitled him to relief. After review, we affirm the post-conviction court’s judgment. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Terrance Reece
The Defendant, Terrance Reece, was convicted by a Knox County Criminal Court jury of unlawful possession of a handgun by a convicted felon, a Class E felony; unlawful possession of a firearm by a felony drug offender, a Class D felony; unlawful possession of a firearm having been convicted of a felony involving the use of force or violence, a Class C felony; unlawful possession of a firearm having been convicted of a felony involving the use of force, violence, or a deadly weapon, a Class C felony; vandalism of property valued at $1,000 or less, a Class A misdemeanor; and three counts of aggravated assault, a Class C felony. After merging the firearms counts, the trial court sentenced the Defendant to an effective term of twenty-two years in the Department of Correction, with the first twelve years to be served at 60% as a career offender and the last ten years at 45% as a persistent offender. The Defendant raises the following issues on appeal: 1) whether the trial court erred by its sua sponte mid-trial hearing to address an allegation that the Defendant threatened a witness during a break in the trial, by revoking the Defendant’s bond as a result of the alleged threat, and by allowing evidence of the alleged threat to be introduced at trial; 2) whether the trial court admitted prejudicial and irrelevant evidence in the form of testimony about a bullet found in the Defendant’s pocket at the time of his arrest that was discarded by the police, unredacted 911 calls by one of the alleged victims, and copies of the Defendant’s prior Michigan judgments; and 3) whether the evidence was sufficient to sustain the felony convictions. Based on our review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Darrell Love
Aggrieved of his Madison County Circuit Court jury convictions of aggravated assault and reckless endangerment, the defendant, Darrell Love, appeals, challenging the sufficiency of the convicting evidence, the trial court’s exclusion of certain evidence, and the trial court’s failure to instruct the jury on self-defense. Discerning no error, we affirm. |
Madison | Court of Criminal Appeals | |
John A. Boatfield v. State of Tennessee
In 2000, a Hamilton County jury convicted the Petitioner of the first degree murder of his wife and of the abuse of her corpse, and the trial court sentenced him to life plus two years in the Tennessee Department of Correction. This court affirmed the judgments on appeal. State v. Boatfield, No. E2000-01500-CCA-R3-CD, 2001 WL 1635447, at *1 (Tenn. Crim. App., at Knoxville, Dec. 20, 2001), perm. app. denied (Tenn. June 3, 2002). The Petitioner unsuccessfully sought post-conviction relief, Boatfield v. State, No. E2005-01949-CCAR3- PC, 2006 WL 2135449 (Tenn. Crim. App., at Knoxville, July 31, 2006), perm. app. denied (Tenn. Nov. 13, 2005), and federal habeas corpus relief. The Petitioner then filed a petition for a writ of error coram nobis, alleging as newly discovered evidence a June 20, 2018 deposition in which the deponent stated that deponent’s brother, who was originally a suspect in this murder, admitted committing the murder. The Petitioner also alleged that a jewelry box taken at the time of the murder was found in the home of a suspect in the original investigation. After a hearing, the coram nobis court denied the Petitioner relief, and he now appeals. After review, we affirm the judgment of the coram nobis court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Jacob Evan Coyne
The Defendant-Appellant, Jacob Evan Coyne, was convicted by a Hamilton County jury of first degree premeditated murder, felony murder, and especially aggravated robbery. See Tenn. Code Ann. §§ 39-13-202 (first degree murder); 39-13-403 (especially aggravated robbery). He received a total effective sentence of life plus 15 years. On appeal, the Defendant argues that the evidence was insufficient to support his convictions because the State failed to show (1) evidence of premeditation, (2) evidence that the victim was robbed or that the Defendant intended to rob the victim, and because (3) evidence that was favorable to the Defendant was not given appropriate weight at trial. Upon review, we affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Eric Dewayne Wallace
A jury convicted the Defendant, Eric Dewayne Wallace, of first degree felony murder and attempted first degree murder for offenses committed in 1992, and he was sentenced to consecutive terms of life imprisonment and fifteen years. After discovering in 2021 that the Defendant was mistakenly assigned 1,174 days of pretrial jail credit and 312 days of behavior credit to both convictions, the trial court entered an order and corrected judgment for the conviction for attempted first degree murder, removing the credits to correct a clerical error under Tennessee Rule of Criminal Procedure 36. On appeal, the Defendant challenges the trial court’s order on the basis that it abused its discretion, violated his due process rights and the prohibitions against double jeopardy, and failed to comply with Rule 17 of the Rules of the Tennessee Supreme Court and Tennessee Code Annotated section 40-35-209. After review, we affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals |
