State of Tennessee v. Joshua V. Lowe
The Appellant, Joshua V. Lowe, pled guilty in the Maury County Circuit Court to theft of property valued at $10,000 or more but less than $60,000. Pursuant to the plea agreement, the Appellant received a sentence of six years in the Tennessee Department of Correction and was placed on probation. The trial court ordered restitution in the amount of $52,000 to be paid in monthly installments of $773. On appeal, the Appellant contends that the trial court abused its discretion by failing to consider the Appellant’s ability to pay when setting the amount of restitution. Upon review, we affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals | |
Jerry P. Haley v. State of Tennessee
The petitioner, Jerry P. Haley, appeals the denial of his petition for writ of error coram nobis by the Lauderdale County Circuit Court, arguing the coram nobis court erred in summarily dismissing the petition because newly discovered evidence exists which is material to his case. After our review, we affirm the denial of the petition. |
Lauderdale | Court of Criminal Appeals | |
James A. McCurry v. State of Tennessee
Petitioner, James A. McCurry, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in finding that he 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. |
Madison | Court of Criminal Appeals | |
Troy Springfield v. State of Tennessee
The petitioner, Troy Springfield, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. After our review of the record, briefs, and applicable law, we affirm the denial of the petition. |
Madison | Court of Criminal Appeals | |
Rashad Dewayne Seay, Jr. v. State of Tennessee
A Wilson County jury convicted the Petitioner, Rashad Dewayne Seay, Jr., of two counts of the sale of .5 grams or more of a Schedule II controlled substance, and the trial court sentenced him to consecutive sentences of eighteen years for each offense. The Petitioner timely filed a petition for post-conviction relief, which the court summarily dismissed as untimely. On appeal, we reversed the summary dismissal. Rashad Dewayne Seay, Jr. v. State, No. M2017-01128-CCA-R3-PC, 2018 WL 3203442, at *1 (Tenn. Crim. App., at Nashville, June 29, 2018), no perm. app. filed. On remand, the post-conviction court held an evidentiary hearing after which it filed a written order denying the Petitioner relief. On appeal, the Petitioner contends that the post-conviction court erred because his trial counsel was ineffective for failing to ensure the Petitioner was present during the jury instructions, failing to ensure that the jury was properly instructed, failing to adequately investigate and prepare an identification expert, and failing to inform the Petitioner of the consequences of withdrawing his direct appeal. After review, we affirm the post-conviction court’s judgment. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Misty Rose Brown
The Defendant-Appellant, Misty Rose Brown, acting pro se, was convicted of one count of child abuse and neglect and one count of facilitation of rape of a child following a trial. The trial court sentenced the Defendant to twelve years for the facilitation conviction and eleven months and twenty-nine days for the child abuse and neglect conviction, to be served concurrently. The Defendant, again acting pro se, appeals her convictions and argues that the evidence is insufficient to sustain her convictions. Upon review, we affirm the judgment of the trial court. |
Giles | Court of Criminal Appeals | |
Clarence E. McCaleb v. State of Tennessee
The Petitioner, Clarence E. McCaleb, appeals from the Knox County Criminal Court’s dismissal of his petition for post-conviction DNA analysis. The petition sought DNA testing of a fork found on the victim’s bedroom floor. The Petitioner now appeals, arguing that DNA analysis of the fork would result in a reasonable probability that he would not have been prosecuted or convicted if DNA profiles inconsistent with the Petitioner’s and the victim’s were discovered. Following our review, we affirm the judgment of the postconviction court. |
Knox | Court of Criminal Appeals | |
Melvin R. King, III v. State of Tennessee
The Petitioner, Melvin R. King, III, appeals the denial of his petition for post-conviction relief from his convictions and effective life sentence for first degree felony murder, aggravated burglary, employing a firearm during the commission of a dangerous felony, three counts of especially aggravated kidnapping, reckless aggravated assault, attempted especially aggravated robbery, and aggravated animal cruelty. The Petitioner alleges that trial counsel was ineffective for: (1) failing to pursue intoxication as a defense; (2) failing to file a motion to suppress the Petitioner’s police statement because he was intoxicated when he gave it; (3) failing to adequately cross-examine a victim-witness who tampered with evidence at the crime scene and who gave an inconsistent prior statement; (4) failing to discuss the evidence tampering and inconsistent statement in closing argument; and (5) failing to poll the jurors to ensure they were not influenced by an improper communication from one of the jurors to the District Attorney General. In addition, the Petitioner argues that the cumulative effect of these errors deprived him of a fair trial. We affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. James David Duncan
The Defendant, James David Duncan, was convicted by a Morgan County Criminal Court jury of attempted second degree murder, a Class B felony, and aggravated assault, a Class C felony. See T.C.A. §§ 39-13-210 (Supp. 2017) (subsequently amended) (second degree murder), 39-12-101 (2018) (criminal attempt), 39-13-102(a)(l)(A)(i) (Supp. 2017) (subsequently amended). The trial court sentenced the Defendant to sixteen years for attempted second degree murder and to eight years for aggravated assault, with the sentences to be served concurrently to each other and consecutively to an Anderson County conviction. On appeal, the Defendant contends that ( 1) prosecutorial misconduct occurred during voir dire, opening statement, and closing argument, (2) he is entitled to plain error relief because the trial court failed to conduct a hearing pursuant to Tennessee Rule of Evidence 404(b) regarding prior bad act evidence, (3) the court erroneously instructed the jury, and (4) cumulative trial errors require relief. We affirm the judgments of the trial court. |
Morgan | Court of Criminal Appeals | |
Jayson Bryant Collier v. State of Tennessee
The Petitioner, Jayson Bryant Collier, appeals the denial of his petition for post-conviction relief from his convictions for possession of one-half ounce or more of marijuana with the intent to sell or deliver within 1000 feet of a school, possession of a firearm with the intent to go armed during the commission of a dangerous felony, theft of property valued at five hundred dollars or less, unlawful possession of drug paraphernalia, driving on a revoked license, and speeding. On appeal, he argues that he received ineffective assistance of counsel, that his sentence violates the Eighth Amendment to the United States Constitution and article I, section 16 of the Tennessee Constitution, and that his sentence is illegal under Tennessee Rule of Criminal Procedure 36.1. After reviewing the record, the parties’ briefs, and the applicable law, we affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
Timothy A. Baxter v. Grady Perry
The Petitioner, Timothy A. Baxter, appeals the summary dismissal of his petition for writ of habeas corpus. Discerning no error, we affirm the judgment of the habeas corpus court. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Gary Wayne Garrett
Gary Wayne Garrett filed a Tennessee Rule of Criminal Procedure 36 motion seeking correction of clerical errors in his judgments of conviction. Mr. Garrett claimed that he was entitled to pretrial jail credit on various counts, several of which were ordered to be served consecutively. The trial court issued a comprehensive written order finding that the judgments correctly awarded pretrial jail credit and dismissed the motion. We determine that this appeal is frivolous and affirm the dismissal of the motion. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. John Foxx
Defendant, John Foxx, was convicted following a jury trial of sale of less than .5 grams of a Schedule II controlled substance, delivery of less than .5 grams of a Schedule II controlled substance, and simple possession. The trial court ordered Defendant to serve an effective fifteen-year sentence after application of the criminal street gang enhancement statute. On appeal, Defendant argues that the trial court erred in applying the criminal street gang enhancement statute because the statute is unconstitutional and because the evidence was insufficient to support application of the criminal street gang enhancement statute. Following our review of the entire record and the parties’ briefs, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Danny Ray Lacy v. State of Tennessee
The Petitioner, Danny Ray Lacy, appeals the Wayne County Circuit Court’s summary dismissal of his petition for a writ of habeas corpus for his first degree murder conviction, for which he received a sentence of life imprisonment without the possibility of parole. The Petitioner contends that the habeas corpus court erred by summarily dismissing his petition. We affirm the judgment of the habeas corpus court. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Vernell Evans
The petitioner, Vernell Evans, appeals the denial of his Rule 36.1 motion to correct an illegal sentence, asserting his sentences are illegal because the trial court incorrectly imposed 100% service requirements for each sentence. Discerning no error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Andrea Gonzalez Martinez
The defendant, Andrea Gonzalez Martinez, pleaded guilty to felon in possession of a handgun, and the trial court imposed a sentence of sixteen years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court erred in denying his request for alternative sentencing. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Noel Maltese
The Appellant, Noel Maltese, was convicted in the Williamson County Circuit Court of conspiracy to commit theft of property valued $250,000 or more, a Class B felony, and criminal simulation, a Class E felony, and received an effective eight-year sentence to be served as forty-eight hours in jail followed by supervised probation. On appeal, the Appellant contends that the evidence is insufficient to support the convictions and that the trial court erred by allowing the State to cross-examine her about a codefendant’s having to serve a lengthy prison sentence for similar conduct for which the Appellant was on trial. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Sterling White
The Defendant, Sterling White was convicted by a Knox County Criminal Court jury of evading arrest, a Class E felony; reckless driving, a Class B misdemeanor; and leaving the scene of an accident, a Class B misdemeanor. See T.C.A. §§ 39-16-603 (2018) (subsequently amended) (evading arrest), 55-10-205 (2020) (reckless driving), 55-10-102 (Supp. 2017) (subsequently amended) (leaving the scene). The trial court sentenced the Defendant as a persistent offender to six years’ confinement. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions and (2) the trial court erred by denying his motion for a continuance. We affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Yasin Solomon Hawkins v. State of Tennessee
The Petitioner, Yasin Solomon Hawkins, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief, arguing that he received ineffective assistance of counsel and that his waiver of the right to a jury trial was not knowing, intelligent, and voluntary. After review, we affirm the post-conviction court’s judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Keinesa Renee Kyshay Lillard
A Davidson County grand jury indicted the defendant, Keinesa Renee Kyshay Lillard, for one count of attempted first-degree murder, one count of employing a firearm during the commission of a dangerous felony, one count of especially aggravated robbery, one count of evading arrest by use of a motor vehicle involving risk of death or serious bodily injury to others, and four counts of simple possession of a controlled substance. Following trial, a jury convicted the defendant of attempted second-degree murder (count one) and employing a firearm during the commission of a dangerous felony (count two), for which she received an effective sentence of thirty-two years in confinement at 100 percent. On appeal, the defendant argues the evidence presented at trial was insufficient to support her conviction for attempted second-degree murder, the trial court erred in failing to instruct the jury on the lesser-included offense of misdemeanor reckless endangerment, and her sentence was excessive. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court and remand for the execution of a amended judgment for the employing a firearm during the commission of a dangerous felony conviction. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Darius Henderson
Defendant, Darius Henderson, was convicted following a jury trial of one count of theft of property valued over $2,500 but less than $10,000 (Count 1) and one count of evading arrest while operating a vehicle (Count 2). Based on Defendant’s prior Tennessee convictions and a Georgia conviction, the trial court sentenced Defendant as a Range III persistent offender to consecutive sentences of twelve years in Count 1, and six years in Count 2. On appeal, Defendant argues that the trial court erred in sentencing him as a Range III persistent offender because he had only four prior Tennessee felonies and the State did not submit proof that Defendant’s Georgia conviction qualified as a felony conviction in a foreign jurisdiction. See T.C.A. §40-35-107. Following our review, we reverse the judgment of the trial court and remand for Defendant to be sentenced as a Range II offender. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Emily L. Williams
The Defendant, Emily L. Williams, appeals the trial court’s denial of her Rule 35 motion for a reduction of her four-year sentence for attempted tampering with evidence. She also attempts to appeal the original sentence imposed by the trial court. After review, we conclude that the time for her to appeal her original sentence has expired and the interest of justice does not require that the timely notice of appeal requirement be waived. We affirm the judgment of the trial court denying the motion to reduce the sentence. |
Knox | Court of Criminal Appeals | |
Demarkus Lowe v. State of Tennessee
The Petitioner, Damarkus Lowe, appeals the denial of his petition for post-conviction relief from his first degree murder conviction, arguing that his trial counsel was ineffective for advising him not to testify in his own defense. Based on our review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Steven C. James
In March of 2021, Steven C. James, Defendant, filed a “Motion for Relief from Sentence.” The trial court denied the motion without a hearing. Defendant appealed. After a review of the record, we determine Defendant filed an untimely notice of appeal document and that the interest of justice does not favor waiving the timeliness requirement in this case. Accordingly, the appeal is dismissed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Joseph Smith
Pro-se petitioner, Joseph Smith, filed an untimely notice of appeal from the Shelby County Criminal Court’s denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Following our review of the entire record and the briefs of the parties, we conclude that the interest of justice does not warrant a waiver of the notice requirement because Petitioner failed to state a colorable claim for relief. Therefore, we dismiss this appeal as untimely. |
Shelby | Court of Criminal Appeals |
