Carlos L. Rice v. David Mills, Warden
The Petitioner, Carlos L. Rice, 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 allege any ground that would render the judgment of conviction void. Accordingly, we affirm the trial court’s dismissal. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Steven Murphy
The defendant, Steven Murphy, was convicted by a Shelby County Criminal Court jury of first degree premeditated murder, first degree felony murder, and two counts of theft of property over $1000, a Class D felony. The trial court merged the first degree felony murder conviction into the premeditated murder conviction, for which the defendant was sentenced to life without the possibility of parole, merged the two theft convictions, and sentenced the defendant to two years for the theft conviction, to be served concurrently with the life sentence without parole. On appeal, the defendant contends that the trial court erred in denying his motion in limine to allow hearsay statements of the victim into evidence, in denying his motion to suppress his statements to police, and in not instructing the jury on the adverse inference that could be drawn from the State’s failure to preserve the tape recording of the defendant’s statements. Having reviewed the record and found no error, we affirm the judgments of the trial court but remand for entry of a corrected judgment in Case No. 01-02751 to reflect the defendant’s conviction offense which was omitted. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Edna Phelps
The defendant, Edna Phelps, was found guilty by a Madison County jury of aggravated assault, a Class C felony, and was sentenced as a Range I, standard offender to four years, all suspended except for eleven months and twenty-nine days with the balance to be served on intensive probation. On appeal, she argues the trial court erred in overruling her objections to certain questions asked by the State. Following our review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Marty Dale Williams v. State of Tennessee
Following a jury trial, Petitioner, Marty Dale Williams and his co-defendant, Daryl Lee Madden, were convicted of felony murder, especially aggravated robbery, and second degree murder. The trial court merged the second degree murder conviction with the felony murder conviction. Madden received an effective sentence of life plus 25 years; Petitioner received an effective sentence of life. On direct appeal, a panel of this court affirmed the judgments of the trial court. See State v. Madden, 99 S.W.3d 127 (Tenn. Crim. App. 2002). Petitioner filed a timely petition for post-conviction relief which the trial court subsequently denied after a hearing. Petitioner now appeals from the trial court's denial of post-conviction relief. In this appeal, Petitioner argues that the trial court erred in finding that Petitioner failed to establish that his trial counsel was per se ineffective and that trial counsel was ineffective under the totality of the circumstances. The judgment of the post-conviction court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Willie R. Harris, Jr.
A Coffee County jury convicted the Defendant, Willie R. Harris, Jr., of driving under the influence of alcohol ("DUI"). On appeal, he contends that: (1) the evidence is insufficient to sustain his conviction; and (2) the trial court erred when it admitted the results his blood alcohol content test into evidence. Finding no reversible error, we affirm the judgment of the trial court. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Jason Curtis Johnson
Following a jury trial, Defendant, Jason Curtis Johnson, was convicted of one count of first degree premeditated murder and one count of second degree murder for the killing of Christy Waller and her unborn child, respectively. Defendant was sentenced to life imprisonment for his first degree murder conviction and twenty-five years for his second degree murder conviction, with the sentence for second degree murder conviction to be served consecutively to his life sentence. On appeal, Defendant argues (1) that the trial court erred in denying his motion to suppress; (2) that the trial court erred in admitting into evidence autopsy photographs of the victim’s fetus; (3) that the evidence was insufficient to support Defendant’s convictions; and (4) that the trial court erred in its sentencing determinations. After a thorough review of the record, we affirm the judgments of the trial court. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Kamal Muhammad
The appellant, Kamal Muhammed, was indicted with second offense driving under the influence. After a jury trial, the appellant was convicted of the indicted offense. As a result, he was sentenced to eleven months and twenty-nine days. All but seventy-five days of the sentence were suspended. The appellant challenges his conviction on appeal, arguing that the State failed to prove venue and that he received ineffective assistance of counsel. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Simon Avalos Villagomez v. State of Tennessee
The Appellant, Simon Avalos Villagomez, appeals the Davidson County Criminal Court's denial of his petition for post-conviction relief. On appeal, Villagomez argues that his guilty plea for felony possession of seventy pounds or more of marijuana for resale was not knowing and voluntary due to the ineffective assistance of counsel. After review of the record, we affirm the denial of post-conviction relief. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. James Wesley Martens
The defendant, James Wesley Martens, was convicted by a Humphreys County jury of aggravated robbery and evading arrest. The defendant was sentenced to concurrent sentences of fourteen years and three years, respectively, in the Tennessee Department of Correction as a Range II multiple offender. On appeal, the defendant challenges the trial court's denial of his request for a continuance and the sufficiency of the convicting evidence. Following our review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Humphreys | Court of Criminal Appeals | |
Barry Sotherland v. State of Tennessee
The petitioner filed a writ of habeas corpus in Marshall County, the county in which he was convicted. He is incarcerated in Wayne County. The trial court dismissed his petition for writ of habeas corpus because it was not filed in the county in which he is located and because the petition did not state sufficient grounds. We affirm the decision of the habeas corpus court. |
Marshall | Court of Criminal Appeals | |
Richard D. Wiggins v. State of Tennessee
The Appellant, Richard D. Wiggins, appeals the denial of his petition for post-conviction relief by the Davidson County Criminal Court. Wiggins pled guilty to attempted especially aggravated robbery and, as provided by the plea agreement, received an eight-year split confinement sentence requiring service of one year in the county jail followed by seven years probation. On appeal, Wiggins contends that his plea was not knowingly and voluntarily entered due to trial counsel's ineffectiveness in: (1) failing to have Wiggins evaluated for mental competency; (2) failing to fully investigate the case; (3) advising Wiggins how to answer the trial court's questions during the plea colloquy; and (4) failing to fully explain the nature and consequences of his guilty plea. After review, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Dorris Lee Markum
The appellant, Dorris Lee Markum, was indicted on two counts of aggravated burglary, two counts of arson and two counts of theft of property under five hundred dollars. After a jury trial, the appellant was convicted of all charges. As a result, he was sentenced as a Range II multiple offender to an effective sentence of twenty years. After the denial of a motion for new trial, the appellant appeals, arguing that the evidence was insufficient to support his arson convictions and that the trial court improperly instructed the jury on arson. For the following reasons, we affirm the judgment of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Kelvin Jermaine Dowell
The defendant, Kelvin Jermaine Dowell, was convicted by jury of first degree murder and abuse of a corpse, see Tenn. Code Ann. §§ 39-13-202(a)(1), -17-312 (2003), for which he received a life sentence. Aggrieved of his convictions, the defendant brings the instant appeal challenging the sufficiency of the evidence and the trial court’s denial of his request for a continuance. After a thorough review of the record and applicable law, we affirm the judgments of the lower court. |
Tipton | Court of Criminal Appeals | |
Jason Earl Hill v. State of Tennessee
The Appellant, Jason Earl Hill, proceeding pro se, appeals the Hamilton County Criminal Court's summary dismissal of his petition for post-conviction relief. In 1995, Hill pled guilty to aggravated burglary and received a three-year suspended sentence. In February 2005, Hill filed a pro se petition for post-conviction relief collaterally attacking the 1995 conviction. While acknowledging that the petition was filed outside the statute of limitations, Hill asserts that due process requires that the statute be tolled and that his claims of ineffective assistance of counsel and an unknowing and involuntary guilty plea be addressed. The post-conviction court summarily dismissed the petition as time-barred without addressing the merits of Hill's substantive claims. On appeal, Hill asserts that the court erred in: (1) dismissing the petition as untimely; (2) dismissing the petition without addressing the whole subject matter as to all causes of action involved; and (3) dismissing the petition because due process requires vacating the conviction due to his innocence. After review, we conclude that the facts of this case do not warrant tolling the post-conviction statute of limitations. Accordingly, we affirm the post-conviction court's summary dismissal of the petition. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Dorothy Pryor
The defendant, Dorothy Pryor, appeals the sentencing decision of the Sumner County Criminal Court. The defendant pled guilty to five counts of burglary and three counts of Class D felony theft. Pursuant to the plea agreement, she received an effective eight-year sentence for the burglary convictions and an effective eight-year sentence for the theft convictions. Following a sentencing hearing, the trial court ordered the burglary and theft sentences to be served consecutively to one another and consecutively to a prior eight-year sentence, for a total sentence of twenty-four years in the Department of Correction as a Range III, persistent offender. On appeal, the defendant argues that consecutive sentencing was improper. After a review of the record, we affirm the sentencing decision of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Jerry N. Eldridge
Following a revocation hearing, the trial court revoked the probation of defendant, Jerry Eldridge, and ordered him to serve the remainder of his sentence in confinement. In his appeal, defendant argues that his trial counsel rendered ineffective assistance during the revocation hearing, and that the trial court erred in finding that he had violated the terms of his probation. After a review of this matter, we affirm the judgment of the trial court. |
Stewart | Court of Criminal Appeals | |
State of Tennessee v. Tyler Stout Smith
Following a jury trial, Defendant, Tyler Stout Smith, was convicted of vehicular homicide by recklessness. Defendant was ordered to pay a fine of ten thousand ($10,000) dollars and was sentenced to four (4) years in the Department of Correction. On appeal, Defendant argues that (1) the evidence presented was insufficient to establish the element of recklessness beyond a reasonable doubt; (2) Defendant's due process rights were violated when the trial court did not allow him to present evidence that the victim was influenced by an intoxicant which may have influenced her ability to avoid the collision; and (3) the trial court improperly increased the Defendant's sentence from three years to four years. We affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Willie Wilson
Following a jury trial, Defendant, Willie Wilson, was found guilty of two counts of aggravated robbery. He received concurrent sentences of nine years for each conviction. In his appeal, Defendant challenges the sufficiency of the evidence. After a thorough review of the record, we conclude that the aggravated robbery convictions should be merged into a single conviction and the case remanded for entry of corrected judgments consistent with this opinion. In all other respects, the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Tammy Marie Wilburn
The defendant, Tammy Marie Wilburn, pled guilty to one count of attempted aggravated arson, a Class B felony. The Blount County Circuit Court sentenced her to an eight-year sentence as a Range I, standard offender to be served in the Department of Correction. The defendant appeals, contending the trial court erred in denying her alternative sentencing. We affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Paul O. Dickens, Sr.
The defendant, Paul O. Dickens, Sr., was convicted by a Rutherford County jury of attempted voluntary manslaughter (a Class D felony), reckless endangerment (a Class E felony), and two counts of coercion of a witness (a Class D felony). On direct appeal to this court, the defendant contends that: (1) the evidence was insufficient to support the verdict; and (2) his convictions for attempted voluntary manslaughter and reckless endangerment violate the constitutional prohibition against double jeopardy. Upon review of the record, briefs of the parties, and applicable law, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
Chuncy L. Hollis v. State of Tennessee
The petitioner, Chuncy L. Hollis, originally pled guilty to possession of cocaine greater than .5 grams with intent to sell, a Class B felony, in exchange for a sentence of eight years. Thereafter, he filed and was denied post-conviction relief. The petitioner now appeals the post-conviction court’s order, claiming that his trial counsel provided ineffective assistance of counsel which resulted in an unknowing and involuntary plea. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Johnny E. Porter
The defendant, Johnny E. Porter, was convicted of possession of over .5 grams of a Schedule II controlled substance (cocaine) with intent to sell, a Class B felony, and possession of marijuana, a Class A misdemeanor. He received concurrent sentences of nine years and eleven months, twenty-nine days on the charges, respectively. On appeal, the defendant contests the sufficiency of the evidence and contends that the trial court erred in enhancing his sentence on Count One from eight years to nine years based solely upon his prior criminal record. Upon review, we affirm the conviction and sentence. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Joseph Edward Cole
After a bench trial, the Defendant was convicted of burglary, a Class D felony, and theft of property under the value of five hundred dollars, a Class A misdemeanor. See Tenn. Code Ann. §§39-14-402, -103, -105(1). After conducting a sentencing hearing, the Defendant was sentenced as a Range III, persistent offender to serve ten years in the Department of Correction for his burglary conviction. He received a concurrent sentence of eleven months and twenty-nine days in the county jail for his theft conviction. In this appeal, the Defendant argues that the evidence is insufficient as a matter of law to support his convictions and that the trial court erred by ordering him to serve a mid-range sentence for the burglary conviction. We affirm the judgments of the trial court. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Shirley A. Rudd
The Defendant, Shirley A. Rudd, was convicted by an Obion County jury of sale of a controlled substance. On appeal, the Defendant asserts that: (1) the trial court erred when it did not declare a mistrial because two witnesses made improper and prejudicial statements about the Defendant’s prior bad acts; (2) there was insufficient evidence to support her conviction; and (3) the trial court erred when it denied the Defendant’s counsel the right to question a witness about her motive for testifying. Finding that there exists no reversible error, we affirm the judgment of the trial court. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Bradley Noble
The State appeals the Knox County Criminal Court's dismissal of a presentment charging the defendant, Bradley Noble, with the rape of a five-year-old child at a day care center. The presentment charged the defendant, a former employee of the center, with digitally penetrating the victim's anus on an unspecified day in March 1999. In a subsequent bill of particulars, the State narrowed the time of the offense to between 3:20 and 5:29 p.m. on March 10, 1999. During the defendant's first trial, which ended in a mistrial, defense counsel revealed in opening arguments that he intended to prove that the defendant had not been alone with the victim during the time alleged in the bill of particulars. Following the mistrial, the State filed a "Superceding Bill of Particulars," which reverted back to the general time frame of the presentment. The defendant moved to dismiss the presentment, and the trial court granted the motion. We reverse the order of the trial court, reinstate the presentment, and remand to the trial court for further proceedings consistent with this opinion. |
Knox | Court of Criminal Appeals |
