State of Tennessee v. Terrance Reece
The Defendant, Terrance Reece, was convicted by a Knox County Criminal Court jury of unlawful possession of a handgun by a convicted felon, a Class E felony; unlawful possession of a firearm by a felony drug offender, a Class D felony; unlawful possession of a firearm having been convicted of a felony involving the use of force or violence, a Class C felony; unlawful possession of a firearm having been convicted of a felony involving the use of force, violence, or a deadly weapon, a Class C felony; vandalism of property valued at $1,000 or less, a Class A misdemeanor; and three counts of aggravated assault, a Class C felony. After merging the firearms counts, the trial court sentenced the Defendant to an effective term of twenty-two years in the Department of Correction, with the first twelve years to be served at 60% as a career offender and the last ten years at 45% as a persistent offender. The Defendant raises the following issues on appeal: 1) whether the trial court erred by its sua sponte mid-trial hearing to address an allegation that the Defendant threatened a witness during a break in the trial, by revoking the Defendant’s bond as a result of the alleged threat, and by allowing evidence of the alleged threat to be introduced at trial; 2) whether the trial court admitted prejudicial and irrelevant evidence in the form of testimony about a bullet found in the Defendant’s pocket at the time of his arrest that was discarded by the police, unredacted 911 calls by one of the alleged victims, and copies of the Defendant’s prior Michigan judgments; and 3) whether the evidence was sufficient to sustain the felony convictions. Based on our review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Darrell Love
Aggrieved of his Madison County Circuit Court jury convictions of aggravated assault and reckless endangerment, the defendant, Darrell Love, appeals, challenging the sufficiency of the convicting evidence, the trial court’s exclusion of certain evidence, and the trial court’s failure to instruct the jury on self-defense. Discerning no error, we affirm. |
Madison | Court of Criminal Appeals | |
John A. Boatfield v. State of Tennessee
In 2000, a Hamilton County jury convicted the Petitioner of the first degree murder of his wife and of the abuse of her corpse, and the trial court sentenced him to life plus two years in the Tennessee Department of Correction. This court affirmed the judgments on appeal. State v. Boatfield, No. E2000-01500-CCA-R3-CD, 2001 WL 1635447, at *1 (Tenn. Crim. App., at Knoxville, Dec. 20, 2001), perm. app. denied (Tenn. June 3, 2002). The Petitioner unsuccessfully sought post-conviction relief, Boatfield v. State, No. E2005-01949-CCAR3- PC, 2006 WL 2135449 (Tenn. Crim. App., at Knoxville, July 31, 2006), perm. app. denied (Tenn. Nov. 13, 2005), and federal habeas corpus relief. The Petitioner then filed a petition for a writ of error coram nobis, alleging as newly discovered evidence a June 20, 2018 deposition in which the deponent stated that deponent’s brother, who was originally a suspect in this murder, admitted committing the murder. The Petitioner also alleged that a jewelry box taken at the time of the murder was found in the home of a suspect in the original investigation. After a hearing, the coram nobis court denied the Petitioner relief, and he now appeals. After review, we affirm the judgment of the coram nobis court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Jacob Evan Coyne
The Defendant-Appellant, Jacob Evan Coyne, was convicted by a Hamilton County jury of first degree premeditated murder, felony murder, and especially aggravated robbery. See Tenn. Code Ann. §§ 39-13-202 (first degree murder); 39-13-403 (especially aggravated robbery). He received a total effective sentence of life plus 15 years. On appeal, the Defendant argues that the evidence was insufficient to support his convictions because the State failed to show (1) evidence of premeditation, (2) evidence that the victim was robbed or that the Defendant intended to rob the victim, and because (3) evidence that was favorable to the Defendant was not given appropriate weight at trial. Upon review, we affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Eric Dewayne Wallace
A jury convicted the Defendant, Eric Dewayne Wallace, of first degree felony murder and attempted first degree murder for offenses committed in 1992, and he was sentenced to consecutive terms of life imprisonment and fifteen years. After discovering in 2021 that the Defendant was mistakenly assigned 1,174 days of pretrial jail credit and 312 days of behavior credit to both convictions, the trial court entered an order and corrected judgment for the conviction for attempted first degree murder, removing the credits to correct a clerical error under Tennessee Rule of Criminal Procedure 36. On appeal, the Defendant challenges the trial court’s order on the basis that it abused its discretion, violated his due process rights and the prohibitions against double jeopardy, and failed to comply with Rule 17 of the Rules of the Tennessee Supreme Court and Tennessee Code Annotated section 40-35-209. After review, we affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals | |
Lacey Jones v. State of Tennessee
The Petitioner, Lacey Jones, appeals the Shelby County Criminal Court’s summary dismissal of his pro se petition for habeas corpus relief from his convictions for especially aggravated kidnapping, aggravated burglary, and aggravated robbery. On appeal, the Petitioner argues that his convictions are void and his sentence is illegal due to various errors made at trial and sentencing, including violations under Brady v. Maryland, 373 U.S. 83 (1963), evidentiary errors, improper sentencing, and ineffective assistance of counsel. Upon review, we affirm the judgment summarily dismissing the petition for writ of habeas corpus. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Quincy D. Scott
Petitioner, Quincy D. Scott, was convicted of aggravated robbery and was sentenced to seventeen years as a Range II, multiple offender at eighty-five percent to be served consecutively to sentences in two other counties. After this court affirmed the judgment and the supreme court denied permission to appeal, Petitioner sought post-conviction relief, alleging ineffective assistance of counsel at trial and on appeal. The post-conviction court granted Petitioner a delayed appeal to allow him to raise multiple evidentiary issues. In this delayed appeal, Petitioner challenges the admission of the same pieces of evidence and the testimony of three of the State’s witnesses. He also challenges the omission of evidence regarding the professional misconduct of a detective. The State contends Petitioner is entitled to no relief. The State also contends Petitioner was erroneously granted a delayed appeal because the record does not demonstrate prejudice. We are precluded from reviewing this issue based on the post-conviction court’s failure to make findings of fact and conclusions of law, as required by Tennessee Code Annotated section 40-30-111(b). Accordingly, we reverse the judgment of the post-conviction court granting a delayed appeal and remand for further proceedings consistent with this opinion. |
McMinn | Court of Criminal Appeals | |
State of Tennessee v. David Ware
A Knox County grand jury indicted the defendant, David Ware, for unlawful possession of a firearm by a convicted felon and simple possession of marijuana. A jury subsequently convicted the defendant as charged, and the trial court imposed an effective six-year sentence suspended to supervised probation after six months of service in the Tennessee Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence supporting his conviction for unlawful possession of a firearm and argues the trial court erred by granting one of the State’s peremptory challenges during jury selection. Following our review of the briefs, the record, and the applicable law, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Michael McVay v. State of Tennessee
The petitioner, Michael McVay, appeals the |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Bruce Antoine Cole
A Madison County jury convicted the defendant, Bruce Antione Cole, of aggravated assault and being a convicted felon in possession of a firearm. Following a sentencing hearing, the trial court imposed an effective sentence of forty-five years in confinement and ordered the defendant pay $25,474.16 in restitution. On appeal, the defendant challenges the trial court’s imposition of consecutive sentencing and its restitution order. After reviewing the record and considering the applicable law, we affirm the defendant’s convictions and sentence but remand for a hearing on the matter of restitution. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Kevin Tuvarey Gilmore
The Defendant, Kevin Tuvarey Gilmore, pleaded guilty in the Montgomery County Circuit Court to evading arrest creating a risk of death, a Class D felony. See T.C.A. § 39-16-603 (2018). Pursuant to the plea agreement, the Defendant received a six-year sentence as a Range II offender, and the trial court would determine the manner of service. After a sentencing hearing, the trial court ordered the Defendant to serve his sentence in confinement. On appeal, the Defendant contends that the trial court erred by denying his request for probation. We affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. DeAngelo LeQuinte Berry
The Appellant, DeAngelo LeQuinte Berry, was convicted in the Montgomery County Circuit Court of first degree felony murder and aggravated robbery, a Class B felony, and received a sentence of life plus nine years. On appeal, the Appellant contends that the evidence is insufficient to support the convictions, that the trial court erred by allowing the State to introduce evidence from a cellular telephone and a Facebook account because the evidence was not admissible pursuant to Tennessee Rules of Evidence 403 and 901, that the trial court’s failure to grant a mistrial after a witness referred to an assault rifle constitutes plain error, and that the trial court erred by ordering consecutive sentencing. Based upon our review of the record and the parties’ briefs, we find no reversible error and affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Steve Leslie Smith
A Williamson County jury convicted the Defendant, Steve Leslie Smith, of public intoxication. The trial court imposed a thirty-day sentence in the county workhouse to be suspended to supervised probation after five days of service. On appeal, the Defendant argues that the evidence is insufficient to support his conviction, that the trial court erred when it admitted evidence about a substance abuse and psychiatric facility near where the Defendant was arrested, and that the trial court committed plain error when it rejected his challenge for cause of three prospective jurors. After a thorough review of the record and applicable law, we affirm the trial court’s judgment. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Timothy Whitaker
Defendant, Timothy Whitaker, was convicted following a jury trial of attempted second-degree murder, two counts of aggravated assault by use of a deadly weapon, two counts of aggravated assault with serious bodily injury, and misdemeanor reckless endangerment. The trial court sentenced Defendant to an effective sentence of fourteen years. On appeal, Defendant argues that the evidence was insufficient to support his conviction for attempted second-degree murder and that the trial court abused its discretion in ordering partially consecutive sentences. Following our review of the entire record and the parties’ briefs, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Kenneth George Arnold
The defendant, Kenneth George Arnold, challenges his Hamilton County Criminal Court jury convictions of rape, aggravated sexual battery, and sexual battery by an authority figure, challenging the sufficiency of the convicting evidence and the imposition of consecutive sentences. Discerning no error, we affirm. |
Hamilton | Court of Criminal Appeals | |
Brian C. Frelix v. State of Tennessee
The Petitioner, Brian C. Frelix, appeals from the Williamson County Circuit Court’s denial of his petition for post-conviction relief from his convictions for four counts of aggravated robbery, four counts of aggravated assault, aggravated burglary, and theft of property valued at $1000 or more but less than $10,000, for which he is serving an effective thirtyeight- year sentence. On appeal, he contends that (1) the post-conviction court erred in not continuing the hearing until the Petitioner could appear in person following the Petitioner’s positive COVID-19 test and (2) the court erred in denying his post-conviction claim for ineffective assistance of counsel. We reverse the judgment of the post-conviction court and remand for a hearing at which the Petitioner is present. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Johnny Jackson, Jr.
A Madison County grand jury indicted the defendant, Johnny Jackson, Jr., for aggravated kidnapping, aggravated assault by strangulation, and domestic assault. After a trial, a jury convicted the defendant of aggravated assault by strangulation and domestic assault and acquitted the defendant on the charge of aggravated kidnapping. Following a sentencing hearing, the trial court imposed concurrent terms of fifteen years for aggravated assault and eleven months and twenty-nine days for domestic assault to be served in the Tennessee Department of Correction. The trial court also affirmed the total effective fine of $2500 imposed by the jury. On appeal, the defendant contends the trial court erroneously relied on an inapplicable enhancement factor and failed to find any mitigation, and therefore, erred in sentencing the defendant to the maximum term of fifteen years. Additionally, the defendant claims the trial court erred in affirming the fine imposed by the jury without conducting the proper analysis and review. After reviewing the record and considering the applicable law, we conclude the trial abused its discretion in applying one enhancement factor, failing to find any mitigation despite proof of the same in the record, and failing to conduct the proper analysis of the fine imposed by the jury. Therefore, we modify the defendant’s sentence for aggravated assault to thirteen years and remand the matter to the trial court for the limited purpose of properly reviewing the jury imposed fine. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Kejuan King
A Shelby County jury convicted the Defendant, Kejuan King, of second degree murder, and the trial court sentenced him to |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Rico Cook
A Knox County Criminal Court jury convicted the Defendant, Rico Cook, of two counts of felony murder, two counts of second degree murder, one count of attempted second degree murder, three counts of especially aggravated robbery, and one count of employment of a firearm during the commission of a dangerous felony. Following a sentencing hearing, the trial court imposed an effective sentence of life imprisonment plus eighteen years. On appeal, the Defendant argues the trial court erred (1) in denying the motion to suppress his statement to law enforcement, which he gave as a juvenile; and (2) in denying the motion to suppress the eyewitness identification evidence. We affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Christopher Nicol Cox
Defendant, Christopher Nichol Cox, was convicted by a jury of eighty-one counts of aggravated sexual battery, one count of rape of a child, and one count of continuous sexual abuse of a child. The trial court merged the convictions for aggravated sexual battery and rape of a child into the conviction for continuous sexual abuse of a child and imposed a sixty-year sentence as a Range III offender to be served at 100%, by operation of law, in the Department of Correction. On appeal, Defendant argues that: the trial court erred by denying his motion for a continuance; the trial court erred by allowing the victim to testify with the aid of a therapy dog without a hearing to determine the animal’s training or necessity to the victim’s testimony; the trial court improperly bolstered the victim’s testimony by allowing the victim’s entire forensic interview to be played to the jury; the trial court erred by failing to grant a mistrial when a witness testified that Defendant had other cases and that there were other victims; the evidence was insufficient to support his conviction for rape of a child and thirty of the counts of aggravated sexual battery; the jurors did not make a unanimous decision as to which acts of sexual abuse it relied on to support his continuous sexual abuse of a child conviction; the trial court improperly enhanced his sentence by relying on an enhancement factor that is an essential element of the offense; and the cumulative effect of repeated constitutional errors denied him a fair trial. After hearing oral arguments and following our review of the record and the briefs of the parties, we conclude that the evidence was insufficient to support the convictions of aggravated sexual battery in counts sixteen through twenty-seven, counts forty-eight through fifty-four, and counts sixty-five through eighty-one and accordingly dismiss those counts and remand for entry of amended judgments. In all other respects, we affirm the judgments of the trial court. |
Scott | Court of Criminal Appeals | |
James R. Wilson v. State of Tennessee
In 1999, a Davidson County jury convicted the Petitioner, James R. Wilson, of first degree felony murder and especially aggravated robbery. His convictions were affirmed on appeal, as was the subsequent denial of his petition for post-conviction relief. The Petitioner’s first habeas corpus petition was denied, and the denial was affirmed on appeal. While this petition was still pending, the Petitioner filed a writ of error coram nobis, which the court summarily dismissed, and the dismissal was affirmed on appeal. The Petitioner filed this, his second petition for habeas corpus relief contending that the he was entitled to relief based upon the State’s oral motion to amend the indictment to change the offense date from November 14 to November 13. The habeas corpus court summarily dismissed the petition. Shortly thereafter, the Petitioner filed a “Motion for New Trial.” Several months later, he requested a hearing on his motion. The State opposed the motion, stating that there was no procedure by which the Petitioner could file a “Motion for New Trial” from the habeas corpus proceeding and stating the Petitioner’s claims were meritless. The habeas corpus court agreed and denied the “Motion for New Trial.” On appeal, the Petitioner contends that the habeas corpus court erred because it improperly dismissed his habeas corpus petition. After a thorough review of the record and relevant authorities, we conclude that the Petitioner did not timely file his notice of appeal. Accordingly, the appeal is dismissed. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Ahren Presley
The Defendant-Appellant, Ahren Presley, was convicted of conspiracy to commit robbery and theft, two counts of felony murder in the commission or perpetration of a robbery, two counts of especially aggravated robbery, two counts of felony murder in the commission or perpetration of a theft, one count of theft of property $10,000-$60,000, and one count of theft of property $1,000 or less. See Tenn. Code Ann. §§ 39-12-103 (conspiracy to commit theft); 39-13-202(a)(2) (felony murder in the commission or perpetration of, relevantly, a robbery or theft); 39-13-403 (especially aggravated robbery); 39-14-103 (theft of property). He received a total effective sentence of two life sentences plus twenty years. On appeal, the Defendant argues that 1) the evidence was insufficient to support all of his convictions, and 2) the trial court erred in imposing consecutive sentencing. Upon review, we affirm the judgments of the trial court. |
Polk | Court of Criminal Appeals | |
State of Tennessee v. Andrea Spencer
The defendant, Andrea Spencer, appeals the summary dismissal of his motion, filed pursuant to Tennessee Rule of Criminal Procedure 36.1, to correct what he believes to be an illegal sentence imposed for his 1983 guilty-pleaded convictions of robbery with a weapon, larceny from a person, and petit larceny. Discerning no error, we affirm the ruling of the trial court. |
Shelby | Court of Criminal Appeals | |
Travis Seiber v. State of Tennessee
The petitioner, Travis Seiber, appeals the denial of his petition for post-conviction relief, which petition challenged his convictions of aggravated robbery, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
Dennis Joshua Cooper v. State of Tennessee
Petitioner, Dennis Joshua Cooper, was indicted by the Henderson County Grand Jury in four separate cases for 15 drug-related offenses. Pursuant to two plea agreements, Petitioner pled guilty as charged in exchange for a total effective sentence of 20 years. Petitioner filed a pro se petition for post-conviction relief alleging that his guilty pleas were not freely or voluntarily entered and that he received ineffective assistance of counsel. Following an evidentiary hearing, the post-conviction court denied relief. Upon careful review, we affirm the judgment of the post-conviction court. However, we remand the case to the post-conviction court for correction of the judgment forms to reflect the sentences as imposed by the trial court. |
Henderson | Court of Criminal Appeals |
