State of Tennessee v. Janice Michele Walker
Defendant, Janice Michele Walker, was charged in a four-count presentment with theft over $10,000, forgery over $10,000, computer fraud, and money laundering. Defendant pled guilty as a Range I standard offender to theft and forgery, both Class C felonies, and the other charges were dismissed. Pursuant to the negotiated plea agreement, Defendant was sentenced to four years for each offense, to be served consecutively, and she was ordered to pay restitution. The trial court determined the manner of service of Defendant's sentence. Following a sentencing hearing, the trial court ordered Defendant to serve her effective eight-year sentence in confinement. Defendant appeals the trial court's denial of full probation. After a review of the record, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Anthony C. Long v. Tony Parker, Warden
The petitioner, Anthony C. Long, appeals the Lake County Circuit Court’s dismissal of his petition for habeas corpus relief. We reverse the dismissal and order habeas corpus relief. |
Lake | Court of Criminal Appeals | |
Rodney McKinney v. Tony Parker, Warden
The petitioner, Rodney McKinney, appeals the trial court’s summary dismissal of his claim for writ of habeas corpus. The judgment of the trial court is affirmed. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Marvin Glenn White
A Marion County jury convicted the defendant, Marvin Glenn White, of two counts of premeditated first degree murder for which he received concurrent life sentences. On appeal, the defendant contends: (1) the evidence was insufficient to support the convictions; and (2) the trial court erred in admitting statements which constituted double hearsay. Upon review of the record and the applicable law, we affirm the judgments of the trial court. |
Marion | Court of Criminal Appeals | |
State of Tennessee v. Bruce Franks, Jr. - Concurring
I concur in the results reached in the majority opinion. However, I disagree with its conclusion that a sentence of split confinement fulfills the requirement of an alternative sentencing presumption. I believe an alternative sentence means one that is an alternative to confinement, as explained in my dissent in State v. Christina B. Jones, M2002-02428-CCA-R3-CD, Williamson County (Tenn. Crim. App. June 23, 2003), app. denied (Tenn. Oct. 27, 2003). |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Bruce Franks, Jr.
The defendant, Bruce Franks, Jr., pleaded guilty to arson, a Class C felony, see Tenn. Code Ann. § 39-14-301(a)(1) (2003), and agreed to a three-year, Range I sentence. The trial court conducted a sentencing hearing to determine themanner of service of the sentence and ordered split confinement. The defendant appeals the confinement component of his sentence. We affirm. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Robert "Bobby" Powell
The defendant, Robert “Bobby” Powell, pled guilty to statutory rape and sexual battery, Class E felonies, in exchange for an effective two-year sentence as a Range I, standard offender, with the manner of service to be determined by the trial court. Finding that a sentence less serious than confinement would depreciate the seriousness of the offenses, the trial court denied the defendant’s request for probation or other alternative sentencing and ordered that he serve his sentence in the Department of Correction. The court subsequently denied the defendant’s motion to reconsider, and the defendant appealed to this court. Based on our review, we affirm the judgments of the trial court. |
Gibson | Court of Criminal Appeals | |
Carlos Haynes v. State of Tennessee
The petitioner, Carlos Haynes, pled guilty in the Madison County Circuit Court to one count of possession of over one-half ounce of marijuana with intent to sell and one count of possession of drug paraphernalia. He received a total effective sentence of two years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for post-conviction relief, alleging that his counsel was ineffective and the trial court erred in failing to pursue the issue of the identity of the confidential informant whose tip led to the search of the petitioner’s home. After an evidentiary hearing, the post-conviction court dismissed the petition, and the petitioner now appeals. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Timothy E. Ballard
The defendant, Timothy E. Ballard, was convicted of DUI, a Class A misdemeanor, and driving on a revoked license, a Class B misdemeanor, and was sentenced to an effective sentence of eleven months, twenty-nine days, suspended except for sixty days, with the balance to be served on supervised probation. On appeal, he argues that his sentence is excessive and that the trial court erred in denying full probation or alternative sentencing. Following our review, we affirm the judgments of the trial court. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Robert Page - Concurring and Dissenting
I am unable to join with the majority in concluding that the waiver provision of Tennessee Code Annotated section 40-18-110 is unconstitutional. Because the Defendant did not request that the jury be instructed as to facilitation, he has waived his right to challenge this issue on appeal. Accordingly, I would affirm the conviction. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Robert Page
The Defendant, Robert Page, was convicted by a jury of the second degree murder of Roosevelt Burgess. The Defendant was subsequently sentenced as a Range II offender to thirty-eight years in the Department of Correction. In this direct appeal, the Defendant raises the following issues: 1) whether the evidence is sufficient to support the verdict; 2) whether the trial court improperly limited the impeachment of State witness Carrie Jones; 3) whether the trial court properly admitted a photograph of the victim; 4) whether the trial court committed error in providing supplemental jury instructions; 5) whether comments by the trial court compromised the Defendant’s right to a fair trial; and 6) whether the trial court erred in failing to instruct the jury on the lesser-included offense of facilitation to commit second degree murder. Because the trial court committed reversible error in omitting a jury instruction on facilitation of second degree murder, we reverse the Defendant’s conviction and remand this matter for a new trial. |
Shelby | Court of Criminal Appeals | |
Ricky Eugene Cofer v. State of Tennesse
The petitioner, Ricky Eugene Cofer, appeals the order of the Circuit Court for Anderson County dismissing his post-conviction relief petition. 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's claim of ineffective assistance of trial counsel was previously determined on direct appeal. The petition was properly dismissed. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Anthony Antonio Anderson
The Appellant, Anthony Antonio Anderson, was convicted by a Madison County jury of rape and was sentenced to nine years in the Department of Correction as a violent offender. On appeal, he argues that the evidence presented at trial was insufficient to support the verdict. After review, we find no error and affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Robert D. Walsh v. State of Tennessee
The Appellant, Robert Walsh, appeals as of right from the judgment of the Shelby County Criminal Court denying his petition for post-conviction relief. Walsh was convicted in 1999 of aggravated sexual battery of a foster child who was in his care. On appeal, Walsh contends that: (1) he was denied the effective assistance of counsel based upon trial counsel’s cross-examination of the victim and (2) his right to a fair and impartial jury was violated by a deputy sheriff’s comments to the jury during deliberations. After review of the issues presented, the judgment is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. James Franklin Redden
A Bedford County jury convicted the defendant, James Franklin Redden, of theft of property valued over $1,000. The trial court sentenced him to eight years incarceration as a multiple offender. On appeal, the defendant contends the evidence is insufficient to support his conviction. We dismiss the appeal due to the untimely filing of a notice of appeal. |
Bedford | Court of Criminal Appeals | |
Earl E. Haynes v. Wayne Brandon, Warden
The petitioner, Earl E. Haynes, appeals the dismissal of his petition for writ of habeas corpus relating to his felony murder conviction. We affirm the judgment of the trial court. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Preston Young
The defendant, Preston Young, appeals the Shelby County Criminal Court's denial of probation and imposition of a two-year sentence for his jury conviction of criminally negligent homicide. Because the record is insufficient for our statutorily mandated de novo review of the sentence, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Roger C. McAnally
The defendant, Roger C. McAnally, appeals as of right from his convictions by a jury in the Henry County Circuit Court for especially aggravated kidnapping, a Class A felony; two counts of aggravated robbery, a Class B felony; kidnapping, a Class C felony; three counts of aggravated burglary, a Class C felony; theft of property over $500, a Class E felony; and sexual battery, a Class E felony. The trial court sentenced the defendant to twenty years for the especially aggravated kidnapping conviction, eight years for each aggravated robbery conviction, three years for the kidnapping conviction, and three years for each aggravated burglary conviction, to be served concurrently but consecutively to a one-year sentence for the sexual battery conviction, for an effective twenty-one-year sentence. In this appeal, he contends that his convictions for especially aggravated kidnapping and kidnapping violate his due process rights because his confinement of the victims was incidental to the robberies. We affirm the judgments of the trial court. |
Henry | Court of Criminal Appeals | |
Lon Adelbert Pierce v. State of Tennessee
The petitioner appeals the dismissal of his petition for post-conviction relief from his conviction for first degree murder, arguing that the post-conviction court erred in finding he received effective assistance of counsel at trial and on appeal. Following our review, we affirm the dismissal of the petition. |
Benton | Court of Criminal Appeals | |
Eddie DePriest v. State of Tennessee
The petitioner, Eddie DePriest, seeks appellate review of the Shelby County Criminal Court’s summary denial of habeas corpus relief. We discern no habeas corpus cause of action in the petition |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. William Parker, Jr.
The Defendant, William J. Parker, Jr., was indicted for driving under the influence and driving on a revoked license. A jury acquitted him of the DUI charge, but found him guilty of driving on a revoked license, a Class B misdemeanor. The trial court imposed a sentence of six months, with sixty days to be served in confinement and the balance to be served on probation. In this appeal, the Defendant raises three issues: 1) whether the State’s failure to provide him with a copy of his driving record constitutes a violation of his due process rights; 2) whether the trial court erred by admitting into evidence a sworn affidavit; and 3) whether the sentence imposed by the trial court is excessive. We conclude that the trial court erred by admitting the affidavit into evidence. Because we are unable to conclude that the error was harmless, the judgment of the trial court is reversed and the case remanded for a new trial. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. William Parker, Jr. - Dissenting
I respectfully dissent from that portion of the majority opinion which finds reversible error in this case due to the erroneous admission into evidence of Mr. Birdwell’s affidavit. While I agree that admission of the affidavit was error, under the particularly unique facts of this case, I conclude that it is harmless error. |
Warren | Court of Criminal Appeals | |
Monroe Brown v. State of Tennessee
The petitioner, Monroe Brown, appeals the trial court's order denying his petition for writ of habeas corpus. 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 petition fails to establish either a void judgment or an expired sentence. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed. |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. Jason C. Polston
A Shelby County jury convicted the Defendant, Jason C. Polston, of reckless aggravated assault. The trial court sentenced the Defendant to two years in the workhouse, suspended except for 60 days to serve on weekends, a $500.00 fine, and 200 hours of community service. On appeal, the Defendant contends that: (1) insufficient evidence exists to support his conviction; (2) the trial court erred by failing to suppress the Defendant’s statement made in a telephone conversation with a police officer because the State did not disclose the statement prior to trial; (3) the trial court erred by instructing the jury on flight; (4) the trial court erred by failing to charge the defenses of necessity and duress; (5) the trial court erred bydenying the Defendant’s application for judicial diversion; and (6) the trial court erred by ordering the Defendant to serve sixty days in jail. We conclude that the trial court erred by failing to suppress the Defendant’s telephone conversation with a police officer because the State did not disclose the statement to the Defendant prior to trial in violation of Tennessee Rule of Criminal Procedure 16. Therefore, we reverse the Defendant’s conviction and remand for a new trial. |
Shelby | Court of Criminal Appeals | |
James P. Hyde v. State of Tennessee
The pro se petitioner, James P. Hyde, appeals from the trial court's order denying the petitioner's motion to reopen his post-conviction petition. The states moves the court to affirm the judgment of the trial court pursuant to Rule 20 of this court's rules. The motion was properly denied for lack of merit. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed. |
Hamblen | Court of Criminal Appeals |
