Thomas Brandon Booker v. State of Tennessee
The petitioner appeals the Hardin County Circuit Court’s denial of his petition for post-conviction relief in which he alleged (1) ineffective assistance of counsel, and (2) due process violations as to the jury venire. We conclude that the petitioner was not denied the effective assistance of counsel, and the petitioner’s other claims have been waived. We affirm the denial of post-conviction relief. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Dexter Lineberry
The defendant, Dexter Lineberry, was convicted by a Wayne County jury of assault, a Class B misdemeanor, and evading arrest, a Class A misdemeanor. The trial court sentenced the defendant to six months with all but ninety days suspended for the assault conviction, and eleven months and twenty-nine days with all but ninety days suspended for the evading arrest charge, with the sentences to be served concurrently. In this appeal as of right, the defendant presents two issues: (1) whether the evidence is sufficient to support the defendant's conviction for assault; and (2) whether the ninety-day jail sentence was appropriate. Following our review, we affirm the judgments of the trial court. |
Wayne | Court of Criminal Appeals | |
Thomas Edward Reddick v. State of Tennessee
The petitioner, Thomas Edward Reddick, pled guilty in the Knox County Criminal Court to second degree murder and received a sentence of twenty-eight years imprisonment in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for post-conviction relief, which petition the post-conviction court dismissed for failure to state a colorable claim for relief. The petitioner appealed. Upon review of the record and the parties' briefs, we dismiss the petitioner's appeal as being untimely. |
Knox | Court of Criminal Appeals | |
Curtis E. Duke v. State of Tennessee
The petitioner, Curtis E. Duke, was convicted of two counts of the sale of crack cocaine, one count of possession of crack cocaine with the intent to sell, two counts of criminal impersonation, and one count of failure to appear. As a result, he was sentenced to 39 years in the Department of Correction. See State v. Curtis Emery Duke, No. M2000-00350-CCA-R3-CD, 2001 WL 252080 (Tenn. Crim. App. at Nashville, Mar. 14, 2001), perm. to appeal denied (Tenn. Mar. 27, 2001). In this pro se post-conviction petition, the petitioner presents the following issues for our review: (1) whether the trial court erred in finding that the petitioner waived the amendment of the indictment regarding variance; (2) whether the trial court erred in ruling that the petitioner's convictions were not obtained in violation of double jeopardy; (3) whether the trial court erred in sentencing the petitioner; and (4) whether the petitioner received effective assistance of counsel. Because the first three issues should have been addressed on direct appeal, we conclude that they are waived. Further, petitioner received the effective assistance of counsel. We therefore affirm the trial court's dismissal of the post-conviction petition. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Marc Adolph Lewin
The appellant, Marc Adolph Lewin, pled guilty to obtaining a controlled substance by fraud, for which he received an eight-year suspended sentence. He was ordered to serve eight years of supervised probation with the conditions that the probation be supervised for a minimum of four years, completion of three hundred hours of public service work, and payment of costs on a schedule prepared by a probation officer. After the issuance of a probation violation warrant based on the appellant's failure of a drug screen, the appellant was ordered to serve his sentence in incarceration. He appeals the revocation of probation arguing that the trial court erred by basing its decision on allegations that were not supported by the evidence and an unsubstantiated laboratory report. We affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
Marquez Crenshaw v. State of Tennessee
The petitioner, Marquez Crenshaw, appeals the Davidson County Criminal Court's denial of his petition for post-conviction relief from his five especially aggravated kidnapping convictions, his especially aggravated robbery conviction, and his aggravated burglary conviction and resulting effective sentence of twenty-seven years. He claims he received the ineffective assistance of counsel, primarily regarding the failure to present alibi evidence. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Charles Crenshaw, pro se., v. State of Tennessee
This matter is before the Court upon the State’s motion to affirm the judgment of the trial court |
Shelby | Court of Criminal Appeals | |
Reginald D. Hughes, pro se., v. David Mills, Warden
This matter is before the Court upon the State’s motion to affirm the judgment of the trial court by opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner is appealing the trial court's denial of habeas corpus relief. A review of the record reveals that the Petitioner is not entitled to habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Michael W. Maples
A Blount County Circuit Court jury convicted the defendant, Michael W. Maples, of two counts of especially aggravated kidnapping, a Class A felony. The trial court sentenced him to concurrent twenty-five-year sentences for the two convictions. In this appeal, the defendant claims (1) that the evidence is insufficient to support his convictions and (2) that his sentences are excessive. We affirm the judgments of the trial court. |
Blount | Court of Criminal Appeals | |
Craig Stephen Bourne v. State of Tennessee
The petitioner, Craig Stephen Bourne, appeals the Sullivan County Circuit Court's denial of his petition for post-conviction relief from his convictions for especially aggravated kidnapping, attempted second degree murder, and aggravated burglary and effective thirty-two-year sentence. The petitioner claims that he received the ineffective assistance of counsel because his attorneys (1) failed to raise the issue of double jeopardy; (2) failed to raise the issue of the trial court's interference during plea negotiations; (3) failed to raise the issue that the trial court gave the jury inaccurate instructions on release eligibility dates; (4) failed to challenge a jury instruction on a crime that was not included in the indictment in his motion for a new trial; and (5) failed, in the petitioner's motion for a new trial, to challenge the trial court's denial of trial counsel's motion to withdraw before trial. We affirm the trial court's denial of the petition. |
Sullivan | Court of Criminal Appeals | |
James Howard Davis v. State of Tennessee
The Appellant, James Howard Davis, appeals the Benton County Circuit Court’s dismissal of his |
Benton | Court of Criminal Appeals | |
State of Tennessee v. Bill L. Williams
Following a jury trial, Defendant, Bill L. Williams, was convicted of theft of property over $10,000 in value, a Class C felony. He was sentenced as a Range II multiple offender to serve six years in the Shelby County Workhouse. In his sole issue on appeal, Defendant challenges the sufficiency of the evidence to sustain his conviction. After a thorough review of the record and the briefs of the parties, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Eddie Howard Pittman v. State of Tennessee
The petitioner, Eddie Howard Pittman, appeals from a judgment denying post-conviction relief. As grounds for a new trial, the petitioner asserts that he was denied the effective assistance of counsel at trial and that there was error in the instructions to the jury. The judgment is affirmed. |
Madison | Court of Criminal Appeals | |
Eddie Howard Pittman v. State of Tennessee - Dissenting
Although I agree with many of the conclusions set forth in the majority opinion, I respectfully disagree with its primary conclusion that the petitioner did not establish ineffective assistance of counsel. In my view, he established deficiency and prejudice. See Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984). |
Madison | Court of Criminal Appeals | |
State of Tennessee v. John Chris Elrod
The defendant, John Chris Elrod, was indicted by the Warren County Grand Jury on one count of aggravated kidnapping, a Class B felony, and one count each of assault and vandalism under $500, both Class A misdemeanors. He pled guilty to the Class A misdemeanors of false imprisonment, assault, and vandalism under $500 and was sentenced to eleven months, twenty-nine days at 75% on each count with counts one and two consecutive and count three concurrent with count one. In this appeal as of right, the defendant contends that the trial court abused its discretion in imposing consecutive sentences for two misdemeanors arising from the same episode. Following our review, we affirm the judgments of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Sherman T. Mason, Jr.
The trial court revoked the probation of the appellant, Sherman T. Mason, Jr., as a result of his second probation violation warrant. Consequently, he was ordered to serve the balance of his effective twenty-year sentence. On appeal, the appellant argues that the trial court erred in revoking his probation and ordering him to serve out the remainder of his sentence in confinement. We affirm the decision of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Tammy Boyd, Tosha Lovell, Sandra Culps and Kenneth Culps
In this Rule 9 interlocutory appeal, the State appeals the circuit court’s ruling that the defendants are entitled to the underlying search warrant affidavit at the general sessions level. We conclude that the defendants are entitled to the affidavit at the preliminary hearing in order to effectively challenge probable cause. The judgments of the circuit court are affirmed. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. William Burt Smith
The defendant was found guilty of one count of selling a Schedule II controlled substance, a Class C felony, and sentenced to eight years in the Tennessee Department of Correction. The defendant contends on appeal that the trial court erred in not appointing another attorney and requiring the defendant to proceed pro se at the motion hearing and trial after several attorneys were allowed to withdraw. We conclude that the defendant has failed to provide this Court with a record of all relevant court dealings. Therefore, we presume that the whole record justifies the trial court's decisions. The judgment of the trial court is affirmed. |
Franklin | Court of Criminal Appeals | |
State of Tennessee v. William James Wheeler
The Appellant, William James Wheeler, appeals the sentencing decision of the White County Circuit Court. Under the terms of the plea agreement, Wheeler pled guilty to reckless homicide, a class D felony, and arson, a class C felony, and received an agreed six-year sentence. Following a sentencing hearing, the trial court ordered that the six-year sentence be served in the Department of Correction. On appeal, Wheeler argues that he should have received a non-incarcerative sentence. After review, the judgments of the trial court are affirmed. |
White | Court of Criminal Appeals | |
State of Tennessee v. Amy Jo Blankenship
The appellant, Amy Jo Blankenship, entered pleas of guilty to counts of burglary, theft, and failure to appear. After the trial court imposed sentences on each guilty plea, the appellant filed a motion to set aside the judgments claiming that she was coerced into pleading guilty. She later filed a motion to withdraw the guilty pleas under Tennessee Rule of Criminal Procedure 32(f). The trial court denied both motions. This appeal follows. We affirm the decision of the trial court. |
Coffee | Court of Criminal Appeals | |
Samuel David Land v. State of Tennessee
Petitioner, Samuel David Land, appeals from the trial court's dismissal of his petition for post-conviction relief. Petitioner was convicted by a jury for felony evading arrest and driving on a revoked license, second offense, a misdemeanor. For his felony conviction, Petitioner was sentenced as a career offender to twelve years in confinement. Petitioner was sentenced to 11 months and 29 days for the misdemeanor conviction. The sentences were ordered to be served concurrently with each other, but consecutive to a six-year sentence that Petitioner was already serving as a result of a probation violation in a prior case. This Court affirmed Petitioner's convictions on direct appeal. State v. Land, 34 S.W.3d 516 (Tenn. Crim. App. 2000). Following an evidentiary hearing, the trial court denied post-conviction relief. Having reviewed the record on appeal, the applicable law, and the briefs of the parties, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
Yourl Lee Bass, Jr., pro se v. State of Tennessee
The Petitioner, Yourl Lee Bass, Jr., appeals the trial court's denial of his petition for post-conviction 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. The Petitioner fails to assert a colorable claim for post-conviction relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Sumner | Court of Criminal Appeals | |
Gregory Lynn Hollingsworth, pro se, v. State of Tennessee
The Petitioner, Gregory Lynn Hollingsworth, appeals the trial court's denial of his petition for habeas corpus 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. The Petitioner fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Wayne | Court of Criminal Appeals | |
Steven Loach, pro se. v. Kevin Myers, Warden
The Petitioner, Steven T. Loach, appeals the trial court's denial of his petition for habeas corpus 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. The Petitioner fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Wayne | Court of Criminal Appeals | |
Corey A. Kennerly, pro se., v. Kevin Meyers, Warden and State of Tennessee
The Petitioner, Corey A. Kennerly, appeals the trial court's denial of his petition for habeas corpus 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. The Petitioner fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Wayne | Court of Criminal Appeals |
