State of Tennessee v. LaVonte Lamar Douglas
The Defendant, LaVonte Lamar Douglas, appeals as of right from his convictions for first degree felony murder and attempted aggravated robbery, for which the trial court imposed an effective sentence of life imprisonment. The Defendant argues that (1) the evidence was insufficient to support his convictions because his involvement was based upon uncorroborated accomplice testimony and no direct evidence linked him to the offenses; (2) his right to confront a witness was violated when a police witness referenced a nontestifying co-defendant’s statement; and (3) his mandatory life 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. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Kevin McDougle
The Appellant, Kevin McDougle, appeals the Shelby County Criminal Court’s summary denial of his pro se motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. On appeal, the Appellant contends that we should remand the case for the appointment of counsel and an evidentiary hearing because his motion states a colorable claim. Based upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Briston J. Smith, Jr.
Following a trial, a jury convicted Briston J. Smith, Jr., (“Defendant”) of first degree felony murder and attempted especially aggravated robbery, for which he received an effective life sentence. On appeal, Defendant contends: (1) the evidence is insufficient to support his convictions; (2) the trial court erred in denying his motion to suppress his statements to law enforcement; (3) the trial court abused its discretion in admitting autopsy and life photographs of the victim; and (4) he is entitled to a new trial based on improper prosecutorial argument. Upon review, we affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
Samuel O. McAlister v. State of Tennessee
The Petitioner, Samuel O. McAlister, appeals the Madison County Circuit Court’s denial of his post-conviction petition, seeking relief from his pleas to possession of a firearm by a convicted felon, possession of marijuana, possession of drug paraphernalia, driving on a revoked license, violating the financial responsibility law, and failing to illuminate his license plate and resulting effective five-year sentence. On appeal, the Petitioner contends that he received the ineffective assistance of counsel, which resulted in his pleas being unknowing and involuntary. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Terry Lee Gilbreath
A Monroe County jury convicted the Defendant of rape of a child, and the trial court sentenced him to forty years of incarceration. On appeal, the Defendant contends that: (1) the trial court erred when it did not suppress electronic evidence against him; (2) the evidence is insufficient to sustain his conviction; (3) the prosecutor’s closing argument was improper; and (4) the trial court erred when it denied his motion for a new trial. After review, we affirm the trial court’s judgment. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. Venessa Baston
The petitioner, Venessa Baston, through counsel, appeals from the Morgan Criminal Court’s judgment summarily dismissing her petition for a writ of error coram nobis. The State has filed a motion to affirm the trial court’s judgment pursuant to Tennessee Court of Criminal Appeals Rule 20. Following our review, we conclude that the State’s position is well-taken and affirm the judgment of the trial court. |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. Ariana Elizabeth Major
The State of Tennessee appeals the Montgomery County Circuit Court’s order granting the Defendant’s motion to suppress evidence recovered during the search of her car. On appeal, the State contends that the trial court erred because the police dog performed a reliable “free air sniff,” which resulted in probable cause to search the Defendant’s car. We dismiss the appeal because the State is not entitled to an appeal as of right pursuant to Tennessee Rule of Appellate Procedure 3(c) because the record fails to reflect that the trial court dismissed the relevant indictment counts. |
Montgomery | Court of Criminal Appeals | |
Kelvin DeWayne Golden v. State of Tennessee
After being convicted of aggravated sexual battery, Kelvin Dewayne Golden, Petitioner, appealed his conviction and sentence. State v. Kelvin Dewayne Golden, No. W2018- 01477-CCA-R3-CD, 2019 WL 3412527, at *1 (Tenn. Crim. App. July 20, 2019), perm. app. denied (Tenn. Oct. 14, 2019). They were affirmed on appeal. Id. He subsequently sought post-conviction relief on the basis of ineffective assistance of counsel. The postconviction court denied relief after a hearing. Petitioner appeals. After a thorough review, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. William C. Austin, Jr.
Defendant, William C. Austin, Jr., appeals from his guilty plea and resulting conviction for driving as a motor vehicle habitual offender (“MVHO”), for which he received a sentence of four years and six months. Defendant does not challenge the other convictions or sentences he received as a result of his guilty plea. On appeal, Defendant argues that after his arrest, but before his guilty plea and sentencing, the Tennessee Legislature amended the Motor Vehicle Habitual Offenders Act and that as a result of the amendment he was entitled to the lesser penalty under the criminal savings statute of Tennessee Code Annotated section 39-11-112 with respect to his conviction for driving as a MVHO. After a review, we agree with Defendant. As a result, we reverse and remand the judgment of the trial court with respect to Defendant’s conviction for driving as a MVHO. We remand the matter for entry of sentences in Counts 2 and 3. The remaining convictions and sentences are affirmed. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Rodger Dale Prince and Amanda Beaty
A Morgan County jury convicted Defendant Rodger Dale Prince (“Defendant Prince”) and Defendant Amanda Beaty (“Defendant Beaty”) of first degree felony murder in the perpetration of aggravated child abuse and first degree felony murder in the perpetration of aggravated child neglect. Additionally, the jury convicted Defendant Beaty of aggravated child endangerment. The trial court imposed an effective life sentence with the possibility of parole for Defendant Prince’s convictions and an effective life sentence with the possibility of parole plus fifteen years for Defendant Beaty’s convictions. On appeal, the defendants assert that: (1) the trial court erred when it allowed the State to amend the indictment; (2) the evidence was insufficient to support their felony murder convictions; and (4) the trial court erred when it failed to grant a mistrial based upon improper testimony. Defendant Beaty also asserts that the trial court erred when it admitted into evidence instances of prior abuse. After review, we affirm the trial court’s judgments and remand for correction of the judgments consistent with this opinion. |
Morgan | Court of Criminal Appeals | |
Jeffrey Wayne Hughes v. State of Tennessee
The Petitioner, Jeffrey Wayne Hughes, entered open guilty pleas to one count of theft of $250,000 or more, one count of theft of $10,000 or more but less than $60,000, and six counts of money laundering, and he received an effective twenty-seven-year sentence. He filed a petition for post-conviction relief, asserting that his pleas were involuntary because the aggregation of the theft offenses violated the prohibition on ex post facto laws and asserting that he received ineffective assistance of counsel. The post-conviction court denied relief, and he appeals. We conclude that the Petitioner’s pleas were not involuntary because there was no ex post facto violation and that he has not established that he received ineffective assistance of counsel. Accordingly, we affirm the denial of relief. |
Lawrence | Court of Criminal Appeals | |
James Dominic Stevenson v. State of Tennessee
The Petitioner, James Dominic Stevenson, was convicted by a jury of attempted first degree murder, three counts of aggravated assault, and reckless endangerment with a deadly weapon after he shot his ex-girlfriend in her car in the presence of her child. His aggravated assault convictions were merged into the attempted first degree murder conviction, and he received an effective twenty-seven-year sentence. The Petitioner filed for post-conviction relief, asserting that he received ineffective assistance from his trial counsel, and his petition was denied after a hearing. On appeal, we affirm the denial of post-conviction relief. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Homer Alson Maddin, III
A jury convicted the Defendant, Homer Alson Maddin, III, of four counts of aggravated rape in 2004, and the trial court sentenced him to concurrent terms of twenty-five years in confinement. After discovering in 2020 that it mistakenly marked the Defendant as a violent offender rather than a multiple rapist on the judgment forms in counts two through four, the trial court entered an order amending the judgment forms under Tennessee Rule of Criminal Procedure 36. On appeal, the Defendant argues that the trial court failed to provide proper notice under Rule 36 and that his classification as a violent offender was not a clerical error. After review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jerry Dale Baker
The Defendant-Appellant, Jerry Dale Baker, appeals from the revocation of his probationary sentence for possession of methamphetamine with intent to sell. The sole issue raised on appeal is whether the trial court erred by fully revoking Defendant’s probation and ordering him to serve the remainder of his sentence in confinement. Upon review, we affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Allen McNew
Jeffrey Allen McNew, Defendant, entered a negotiated guilty plea to one count of aggravated burglary, one count of being a felon in possession of a firearm, two counts of aggravated robbery, one count of aggravated kidnapping, one count of carjacking, and four counts of aggravated assault. Pursuant to the plea agreement, Defendant was sentenced as a Range III, Persistent Offender, and the trial court determined the length and alignment of the sentences. Following a sentencing hearing, the trial court imposed an effective sentence of 135 years. After a thorough review of the record and applicable law, we determine that the trial court did not abuse its discretion in sentencing Defendant and affirm the judgments of the trial court. However, we remand for entry of corrected judgments merging the aggravated assault conviction in Count 7 into the aggravated robbery conviction in Count 3 and merging the aggravated assault conviction in Count 8 into the aggravated robbery conviction in Count 4. |
Davidson | Court of Criminal Appeals | |
Carl Prince v. Warden, Trousdale Turner Correctional Center
The Petitioner, Carl Prince, appeals the summary dismissal of his petition for writ of habeas corpus. After review, we affirm the judgment of the habeas corpus court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Jalean Robert Williams and Markeil Linskey Williams
After a jury trial and subsequent retrial on two of the charges, the defendants, Jalean Robert Williams and Markeil Linskey Williams, were convicted of first-degree premeditated murder, felony murder, possession of marijuana with intent to sell or deliver, possession of Alprazolam with intent to sell or deliver, and two counts of possession of a firearm during the commission of a dangerous felony. The trial court imposed an effective sentence of life imprisonment plus fourteen years on each defendant. On appeal, both defendants assert the evidence is insufficient to sustain their convictions. In addition, Defendant Markeil argues the trial court erred in allowing the State to ask leading questions, and the trial court’s imposition of consecutive sentences violates the prohibition against double jeopardy. Upon our review of the record and the applicable law, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Angela Montgomery v. State of Tennessee
The Petitioner, Angela Montgomery, was convicted in the Rutherford County Circuit Court of six counts of rape of a child and received an effective sentence of forty years in confinement to be served at one hundred percent. After this court affirmed the Petitioner’s convictions, she filed a petition for post-conviction relief, claiming that she received the ineffective assistance of trial counsel. The post-conviction court held an evidentiary hearing and granted relief. In this appeal by the State, the State contends for the first time that the post-conviction court lacked jurisdiction to consider the petition on its merits because the petition was untimely and that the post-conviction court incorrectly determined that the Petitioner received the ineffective assistance of trial counsel. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the case should be remanded to the post-conviction court to afford the Petitioner an opportunity to show whether the limitations period for filing the petition should be tolled based on due process concerns. Accordingly, the case is remanded to the post-conviction court for an evidentiary hearing on that issue. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Brandon Deshun McAlister
Aggrieved of his Madison County Circuit Court jury convictions of aggravated assault and unlawful possession of a firearm, the defendant, Brandon Deshun McAlister, appeals, challenging the sufficiency of the convicting evidence. Discerning no error, we affirm. |
Madison | Court of Criminal Appeals | |
Marc Baechtle v. State of Tennessee
The Petitioner, Marc Baechtle, was convicted of rape of a child, aggravated sexual battery, and rape. The trial court dismissed the aggravated sexual battery and rape convictions due to statute of limitations and ultimately imposed a 25-year sentence for the rape of a child conviction. On appeal, the Petitioner asserts that he received ineffective assistance of counsel, alleging that trial counsel advised him not to testify and failed to impeach a witness. Upon our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Matthew Sealey v. State of Tennessee
The petitioner, Matthew Sealey, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel prior to and during his guilty plea hearing. Upon our review of the record, briefs, and applicable law, we affirm the denial of the petition. |
Court of Criminal Appeals | ||
Roosevelt Bigbee v. Johnny Fitz, Warden
The pro se petitioner, Roosevelt Bigbee, appeals the denial of his petition for writ of habeas corpus by the Circuit Court for Lauderdale County, arguing the trial court erred in summarily dismissing the petition as the evidence was not sufficient to sustain his conviction. After our review, we affirm the summary dismissal of the petition pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Lauderdale | Court of Criminal Appeals | |
William Scott Hunley v. State of Tennessee
The petitioner, William Scott Hunley, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial and on appeal. After our review of the record, briefs, and applicable law, we affirm the denial of the petition. |
Madison | Court of Criminal Appeals | |
Maurico Grandberry v. State of Tennessee
The petitioner, Maurico Grandberry, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial. Following our review, we affirm the post-conviction court’s denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Khamphonh Xayyasith
The Defendant, Khamphonh Xayyasith, was convicted by a Davidson County Criminal Court jury of three counts of aggravated assault, a Class C felony, and domestic assault, a Class A misdemeanor. See T.C.A. §§ 39-13-102 (2018) (subsequently amended) (aggravated assault); 39-13-111 (2018) (domestic assault). The trial court merged the aggravated assault convictions and imposed concurrent sentences of fifteen years for aggravated assault and eleven months, twenty-nine days for domestic assault. On appeal, the Defendant contends that (1) the evidence is insufficient to support his aggravated assault convictions, (2) the trial court erred by admitting a recorded jail telephone call, and (3) his sentence is excessive. We affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals |
