Charles Speed v. Kevin Myers, Warden, State of Tennessee
This matter is before the Court upon the State's motion to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petitioner has appealed the trial court's order summarily dismissing the petition for the writ of habeas corpus. In that petition the petitioner alleges that the indictment charging the petitioner with one count of felony murder and one count of first degree murder is void because the counts therein fail to allege sufficient facts to vest jurisdiction in the trial court. Upon a review of the record in this case we are persuaded that the trial court was correct in summarily dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Wayne | Court of Criminal Appeals | |
Michael S. Holmes v. State of Tennessee
The petitioner, Michael S. Holmes, was convicted in 1997 of aggravated robbery, aggravated assault, aggravated kidnapping, felony escape, burglary of a vehicle, and theft of property over $1000. His convictions were affirmed on direct appeal. Subsequently, he filed a petition for post-conviction relief alleging ineffective assistance of counsel and improper jury instructions on lesser-included offenses. After a review of the affidavits submitted by the petitioner, the post-conviction court denied the petition, and this appeal followed. We affirm the order of the post-conviction court denying the petition. |
Chester | Court of Criminal Appeals | |
Adrian Wilkerson v. State of Tennessee
The Petitioner, Adrian Wilkerson, appeals from the dismissal of his petition for the writ of habeas corpus. The State has filed a motion requesting that the Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the State's motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Davidson | Court of Criminal Appeals | |
Michael Keith Kennedy v. State of Tennessee
The Petitioner, Michael Keith Kennedy, appeals from the dismissal of his petition for the writ of habeas corpus. The State has filed a motion requesting that the Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the State's motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Wayne | Court of Criminal Appeals | |
Ricky H. Krantz v. State of Tennessee
The Petitioner, Ricky H. Krantz, appeals from the dismissal of his petition for the writ of habeas corpus. The State has filed a motion requesting that the Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the State's motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Wayne | Court of Criminal Appeals | |
Reginald K. Watkins v. State of Tennessee
The Petitioner, Reginald K. Watkins, appeals from the dismissal of his petition for the writ of habeas corpus. The State has filed a motion requesting that the Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the State's motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Davidson | Court of Criminal Appeals | |
Corey Harrison v. State of Tennessee
The Petitioner, Corey Harrison, appeals from the dismissal of his petition for the writ of habeas corpus. The State has filed a motion requesting that the Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the State's motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Wayne | Court of Criminal Appeals | |
Antonio Lyons v. State of Tennessee
The Petitioner, Antonio Lyons, appeals from the trial court's dismissal of his petition for post-conviction relief. The trial court found the petition to be untimely filed. 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. We find the State's motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Davidson | Court of Criminal Appeals | |
Jeffrey M. Hodges v. State of Tennessee
The Petitioner, Jeffrey M. Hodges, appeals from the dismissal of his petition for the writ of habeas corpus. The State has filed a motion requesting that the Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the State's motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Wayne | Court of Criminal Appeals | |
Jesse Haddox v. State of Tennessee
In 1981, a Davidson County jury convicted the Petitioner, Jesse Haddox, of second-degree murder, and the trial court sentenced him to life in prison. In 2002, the Petitioner filed a post-conviction petition requesting DNA testing pursuant to the Post Conviction DNA Analysis Act of 2001. The trial court denied the Petitioner's post-conviction petition, concluding that the results of any tests of the remaining DNA evidence would not exonerate the Petitioner. The Petitioner now appeals, contending that the trial court erred by denying his post-conviction petition. After thoroughly reviewing the record and the applicable law, we conclude that there exists reversible error in the trial court's judgment. |
Davidson | Court of Criminal Appeals | |
Jonathan D. Tears v. State of Tennessee
A Marshall County jury convicted the Petitioner, Jonathan D. Tears, of multiple drug-related offenses, and the trial court sentenced him to twelve years. The Petitioner did not appeal his convictions or sentence, but filed a pro se petition for post-conviction relief on the grounds that he was denied effective assistance of counsel. Following a hearing on the post-conviction petition, the post-conviction court dismissed the petition. On appeal, the Petitioner contends that he was denied effective assistance of counsel because: (1) both his trial and appellate counsel failed to properly advise him about the law regarding his right to file a motion for new trial; (2) trial and appellate counsel failed to inform the Petitioner of his right to appointed counsel for appeal; and (3) trial and appellate counsel failed to fully advise him of his right to appeal the sentence imposed by the trial court. After thoroughly reviewing the record and the applicable law, we conclude that there exists reversible error in the trial court's judgment. |
Marshall | Court of Criminal Appeals | |
Kenneth R. Lewis v. Robert Waller, Warden
In 1991, the Petitioner, Kenneth R. Lewis, pled guilty to second degree murder, and the trial court sentenced him as a Range I offender to twenty-five years in prison. The Petitioner did not perfect a direct appeal. In 2003, the Petitioner filed a petition for habeas corpus relief, which the habeas court summarily dismissed. The Petitioner appeals the order dismissing his petition, contending that: (1) his plea and sentence were illegal; and (2) the habeas court erred when it dismissed his petition without holding an evidentiary hearing. Finding no reversible error, we affirm the habeas court's judgment. |
Davidson | Court of Criminal Appeals | |
Brian Shane Caldwell v. State of Tennessee
The Defendant, Brian Shane Caldwell, was convicted by a jury of first degree felony murder and first degree burglary. He was sentenced to concurrent terms of life imprisonment and ten years, respectively. The Defendant's convictions and sentences were affirmed on direct appeal. See State v. Brian Shane Caldwell, No. 1176, 1988 WL 94393 (Tenn. Crim. App., Knoxville, Sept. 13, 1988). The Defendant subsequently filed for post-conviction relief alleging, inter alia, that he had received ineffective assistance of counsel at trial. After an evidentiary hearing, the trial court denied relief; this appeal followed. We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Terrell Thomas
This is a direct appeal as of right from two jury verdict drug convictions of the sale of less than 0.5 grams of cocaine. The trial court sentenced the Defendant, Terrell Thomas, to concurrent terms of six years for each offense. On appeal, the Defendant argues two issues: (1) the State failed to provide exculpatory information to the defense in violation of Brady v. Maryland, 373 U.S. 65 (1963); and, (2) the trial court erred in not granting the Defendant's motion for new trial based on newly discovered evidence. We affirm the judgment of the trial court. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Rawshard J. Smith
The Defendant, Rawshard J. Smith, pled guilty to possessing less than .5 grams of cocaine. He was sentenced as a standard Range I offender to three years on intensive probation. Following a revocation hearing, the trial court revoked the Defendant's probation and ordered him to serve the remainder of his sentence in confinement. The Defendant now appeals. We affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. William E. Ross
The defendant, William E. Ross, pled guilty in the Hardin County Circuit Court to possession of less than one-half gram of cocaine with intent to sell, a Class C felony; possession of marijuana, a Class A misdemeanor; two counts of driving on a suspended license, second offense, a Class A misdemeanor; and resisting arrest, a Class B misdemeanor. Pursuant to the plea agreement, the trial court sentenced the defendant as a Range II, multiple offender to concurrent sentences of eight years for the felonious possession of cocaine conviction; eleven months, twenty-nine days for each Class A misdemeanor conviction; and six months for the resisting arrest conviction. The trial court was to determine the manner of service of the sentences. After a sentencing hearing, the trial court ordered that the defendant serve his sentences in confinement. The defendant appeals, claiming that he should have received alternative sentences. We affirm the judgments of the trial court. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Lawrence Warren Pierce
The defendant, Lawrence Warren Pierce, was indicted for aggravated kidnapping and rape, convicted of the lesser-included offenses of kidnapping and sexual battery, and sentenced as a Range II, multiple offender to nine years and three years, respectively, to be served consecutively. On appeal, he argues that the evidence is insufficient to support his convictions; the conviction for kidnapping violates his due process rights because it was incidental to the sexual battery offense; and the trial court erred in denying his motion to dismiss due to the State's destruction of evidence and in imposing excessive sentences to be served consecutively. Applying the subsequent decision of Blakely v. Washington, 542 U.S. __, 124 S. Ct. 2531 (2004), we reduce the defendant's sentence for kidnapping to eight years. In all other respects, the judgments of the trial court are affirmed. |
Davidson | Court of Criminal Appeals | |
Michael Brown v. State of Tennessee, Kevin Myers Warden
The Appellant, Michael Brown, has filed a petition to rehear in this case. The opinion of this Court, affirming the judgment of the trial court, was filed October 15, 2004. Upon review of the petition to rehear, we conclude that it should be denied. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Jerry W. Hayes, Jr.
The State appeals from an order of the Hamilton County Criminal Court suppressing evidence from a motorist stop on public housing authority property. Following the stop at the street entrance into the public housing development, the officer observed two quart containers of beer in the vehicle driven by Defendant, Jerry W. Hayes. A check of Hayes' driver's license revealed that the license had been suspended. Hayes was indicted for driving on a suspended license and being a minor in possession of alcohol. The stated purpose of the housing authority's checkpoint was to ensure the safety of its residents by excluding trespassers and others without legitimate purposes seeking entry into the housing development. The trial court found the stop constituted an unreasonable seizure and was thus unconstitutional. Pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure, the State seeks review of this ruling. After review, we conclude that the stop was reasonable; therefore, no Fourth Amendment violation resulted. Accordingly, we reverse the trial court's suppression of the evidence and remand for further proceedings. |
Hamilton | Court of Criminal Appeals | |
James Dubose v. State of Tennessee, Kevin Myers, Warden
The Appellant, James Dubose, has filed a petition to rehear in this case. The opinion of this Court, affirming the judgment of the trial court, was filed October 15, 2004. Upon review of the petition to rehear, we conclude that it should be denied. |
Wayne | Court of Criminal Appeals | |
Wade James Odum v. State of Tennessee
The Defendant, Wade James Odum, appeals from the trial court's dismissal of his petition for error coram nobis 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. We grant the State's motion and affirm the judgment of the trial court. |
Lincoln | Court of Criminal Appeals | |
State of Tennessee v. Isiah Wilson
Isiah Wilson, a juvenile defendant, after transfer to Circuit Court, entered a guilty plea to aggravated rape and especially aggravated kidnapping and received agreed upon concurrent sentences of fifteen years. The defendant properly reserved a certified question of law challenging the appropriateness of the transfer ruling from juvenile court to circuit court. We conclude that the juvenile court judge adhered to the mandated statutory considerations, affirm the transfer, and, thus, also affirm the judgments of conviction. |
Haywood | Court of Criminal Appeals | |
Corey Kennerly v. State of Tennessee
The Appellant, Corey Kennerly, is currently serving concurrent sentences of life imprisonment and twenty years, as a result of his guilty pleas to first degree murder and aggravated robbery. Kennerly has filed a petition pursuant to the Post-Conviction DNA Analysis Act of 2001 requesting DNA analysis of evidence that resulted in his convictions. The trial court granted Kennerly's petition and ordered that DNA analysis be performed at state expense. After Kennerly was advised by the forensic laboratory that the DNA analysis was unfavorable, he moved to voluntarily dismiss his petition without prejudice. The trial court ruled that voluntary dismissal of the petition was not authorized by the Act and dismissed the petition upon its merits. Kennerly appeals this ruling. After review, we find no error and affirm. |
Franklin | Court of Criminal Appeals | |
Joseph D. Gaines v. Kevin Myers, Warden
The Appellant, Joseph D. Gaines, appeals the Wayne County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. On appeal, Gaines argues that: (1) his two convictions for rape of a child are void because the indictment returned against him was not signed by the district attorney general and the plea agreement was not signed bythe trial judge; and (2) his concurrent eighteen-year sentences are illegal because they are outside the statutory sentencing range. Finding these issues to be without merit, we affirm the summary dismissal of the petition. |
Wayne | Court of Criminal Appeals | |
Jacqueline Hurt v. State of Tennessee
The petitioner, Jacqueline Hurt, appeals the denial of her petition for post-conviction relief in which she asserted that her plea was not knowing and voluntary and that she was denied effective assistance of counsel. Following our review, we affirm the denial of the petition; however, we remand the matter for the limited purpose of entry of a corrected judgment. |
Shelby | Court of Criminal Appeals |
