Ronald Honaker v. State of Tennessee
The petitioner, Ronald Honaker, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel prior to and during his guilty plea hearing. Upon our review of the record, arguments of the parties, and pertinent authorities, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
Jarod Marges Phillips v State of Tennessee
The Petitioner, Jarod Marges Phillips, appeals the dismissal of his motion to reopen his petition for post-conviction relief. He argues that the post-conviction court erred in summarily dismissing his petition because his claim was based on a recent decision of the United States Supreme Court that established a new rule of constitutional law. Because the Petitioner failed to comply with the statutory requirements for seeking review of a dismissal of a motion to reopen a post-conviction petition, we dismiss the appeal. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Javarius DeShawn Baugh
The Defendant, Javarius Deshawn Baugh, was convicted by a Davidson County Criminal Court jury of first-degree premeditated murder and unlawful possession of a firearm by a convicted felon, for which he received an effective sentence of life imprisonment in the Department of Correction. The sole issue he raises on appeal is whether the evidence was sufficient to establish his identity as the perpetrator of the crimes. Following our review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Stephen Gerard Smith v. State of Tennessee
The Petitioner, Stephen Gerard Smith, was convicted by a jury of aggravated assault, attempted aggravated assault, and three counts of domestic assault for offenses committed against his wife, and he received an effective twenty-five-year sentence. He sought and was denied post-conviction relief based on numerous allegations of ineffective assistance of counsel. On appeal, he alleges that he received ineffective assistance when trial counsel: (1) gave deficient advice regarding a plea offer; (2) failed to challenge a prospective juror; (3) argued in closing argument that the Petitioner was guilty of the misdemeanor offenses; (4) failed to object to testimony referring to the Petitioner’s prior incarceration; (5) failed to object to the prosecutor’s comment on the victim’s credibility; (6) failed to call witnesses; and (7) failed to interview witnesses. Because we conclude that the Petitioner has not established either deficiency or prejudice for each claim, we affirm the denial of post-conviction relief. |
Franklin | Court of Criminal Appeals | |
State of Tennesse v. Jonathan Michael Bass
The Defendant, Jonathan Michael Bass, pleaded guilty to one count of theft of property valued at $2,500 or more, but less than $10,000, two counts of theft of property valued over $1,000 but less than $2,500, one count of theft of property valued at $1,000 or less, three counts of “doctor shopping,” and three counts of prescription drug fraud. The trial court imposed partial consecutive sentencing for an effective sentence of eight years to be served on supervised probation. On appeal, the Defendant asserts that the trial court erred by ordering partial consecutive sentences. After review, we affirm the trial court’s judgments. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Jaleen Genard Allen
The Defendant, Jaleen Genard Allen, was convicted by a Knox County Criminal Court jury of first degree premeditated murder, first degree felony murder during the perpetration of a kidnapping, especially aggravated kidnapping, a Class A felony, and employing a firearm during the commission of a dangerous felony, a Class C felony. See T.C.A. §§ 39-13-202 (2018) (subsequently amended) (first degree murder), 39-13-305 (2018) (especially aggravated kidnapping), 39-17-1324 (2018) (subsequently amended) (firearm violation). The trial court merged the first degree murder convictions and imposed a life sentence. The court sentenced the Defendant to twenty-five years for the especially aggravated kidnapping conviction and to six years for the firearm violation. The court ordered consecutive service, for an effective sentence of life imprisonment plus thirty-one years. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. We affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Marvin Maurice DeBerry
A jury convicted the Defendant, Marvin Maurice DeBerry, of driving after having been declared a motor vehicle habitual offender (“MVHO”) and of three misdemeanor offenses not presented for appellate review. After his conviction but prior to his sentencing, an amendment to the statute that was the basis of his MVHO conviction went into effect, so that the Defendant’s conduct was no longer criminalized and, concomitantly, triggered no penalty. The trial court, after initially sentencing the Defendant to serve five years, modified the Defendant’s judgment to reflect that he was to be subjected to no penalty. On appeal, we are called to determine whether the Defendant may benefit from the savings statute in Tennessee Code Annotated section 39-11-112. We hold that the savings statute applies because Legislature’s act of removing punishment for the offense constitutes a lesser penalty. Accordingly, we affirm the trial court’s judgment reducing the Defendant’s sentence. |
Madison | Court of Criminal Appeals | |
Alexander R. Carino v. State of Tennessee
Alexander R. Carino, Petitioner, appeals the summary dismissal of his 2020 Petition for Post-Conviction Relief which challenged his 2010 convictions for two counts of second degree murder. We affirm. |
Cumberland | Court of Criminal Appeals | |
State of Tennessee v. Stacy Ann Givens
Defendant-Appellant, Stacy Ann Givens, was indicted by a Henderson County grand jury of filing a false police report in violation of Tennessee Code Annotated section 39-16-502, a Class D felony, and misuse of 911 in violation of Tennessee Code Annotated section 7-86-316, a Class C felony. Following a jury trial, the Defendant was convicted of both offenses. The trial court sentenced the Defendant as a Range II, multiple offender to five years’ imprisonment for the filing a false police report conviction and thirty days’ imprisonment for the misuse of 911 conviction, to be served concurrently. In this appeal as of right, the Defendant presents the following issues for our review: (1) whether the evidence is sufficient to support the filing a false police report conviction, and (2) whether the trial court abused its discretion by denying the Defendant an alternative sentence. Upon review, we affirm the judgments of the trial court. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Braxton Levar Taylor
A Madison County jury convicted the defendant, Braxton Levar Taylor, of second-degree murder and unlawful possession of a firearm for which he received an effective sentence of twenty-five years’ incarceration. On appeal, the defendant argues the trial court erred in denying two, pre-trial motions to suppress the victim’s dying declaration, wherein the victim named the defendant as his shooter, and a photographic lineup which contained his picture and resulted in two witness identifications. The defendant also argues the trial court erred by failing to provide a jury instruction concerning the victim’s dying declaration and in sentencing. Following our review of the briefs, the record, and the applicable law, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Elgene K. Porter
The Petitioner, Elgene K. Porter, acting pro se, appeals the summary dismissal of his “Motion to Correct and/or Amend Sentence” pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure. Upon our review, we affirm. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Timothy Leon Ledford
The Defendant, Timothy Leon Ledford, pleaded guilty to eleven counts of aggravated assault, and he was sentenced to an effective sentence of twenty-four years in confinement. On appeal, the Defendant challenges his sentence by arguing that the trial court abused its discretion by imposing an excessive sentence, denying him alternative sentencing, and ordering consecutive sentencing. We affirm the trial court’s judgments. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Jimmie Dean Roy
Pursuant to a plea agreement, the Defendant, Jimmie Dean Roy, pled guilty to five counts of identity theft and one count of identity theft trafficking, and he conceded that he violated the terms of his probation with respect to his prior convictions for three counts of burglary of an automobile and one count of theft of property valued over $1,000. The Defendant received an effective eight-year sentence to be served in confinement, and the trial court stayed the execution of the sentence and granted the Defendant a furlough to the drug court program. The Defendant subsequently fled the state. Following his arrest, the drug court removed him from the program, and the trial court ordered his sentences into execution. On appeal, the Defendant challenges his removal from the drug court program and argues that he was not afforded due process protections during the removal hearing. We affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
James Eggleston v. State of Tennessee
The petitioner, James Eggleston, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial. Following our thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Russell Wheeler, Jr.
A Madison County jury convicted the defendant, Russell Wheeler, Jr., of attempted aggravated statutory rape, attempted solicitation of a minor, and disorderly conduct. Following a sentencing hearing, the trial court imposed an effective sentence of six years, eleven months, and twenty-nine days in confinement. On appeal, the defendant challenges the sufficiency of the evidence to support his attempted aggravated statutory rape and attempted solicitation of a minor convictions. The defendant also contends the trial court erred in failing to merge his convictions and in ordering a sentence of confinement without requiring a psychosexual evaluation or properly considering the appropriate factors. Following our review, we affirm the judgments of the trial court with respect to the defendant’s convictions for attempted aggravated statutory rape and disorderly conduct. However, we vacate the defendant’s conviction for attempted solicitation of a minor because the defendant was convicted of a crime which does not exist. Consequently, the judgments of the trial court are affirmed in part, vacated in part, and remanded. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Jamarcus Dequan Murdock
Aggrieved of his Hardeman County Circuit Court jury convictions of aggravated robbery, the defendant challenges the sufficiency of the convicting evidence for two of his convictions and the total effective sentence. We affirm the defendant’s convictions but, because the trial court failed to make the requisite findings to support consecutive sentences based upon the dangerous offender category, we vacate the imposition of consecutive sentences and remand the case for the limited purpose of making the appropriate findings on this issue. Upon remand, the trial court should also correct the minor clerical error in the judgment form for Count 3. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Mario Myers
A Shelby County jury convicted the defendant, Mario Myers, of aggravated sexual battery for which he received a twelve-year sentence. On appeal, the defendant asserts the trial court erred in denying his right to self-representation and challenges the sufficiency of the evidence supporting his conviction. After a thorough review of the record, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Christopher Aaron Hodges
A Sullivan County Criminal Court Jury convicted the Appellant, Christopher Aaron Hodges, of sexual battery by an authority figure, and the trial court sentenced the Appellant to five years in the Tennessee Department of Correction. On appeal, the Appellant challenges the denial of his motion for a judgment of acquittal at the close of the State’s proof pursuant to Tennessee Rule of Criminal Procedure 29, the trial court’s ruling as a thirteenth juror pursuant to Tennessee Rule of Criminal Procedure 33(d), the trial court’s refusal to grant a continuance, the trial court’s failure to allow defense counsel to make closing argument before instructing the jury, and the trial court’s failure to grant a motion for new trial. Upon review, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Nicholas Grassia
The defendant, Nicholas Grassia, appeals the trial court’s denial of his motion, filed pursuant to Tennessee Rule of Criminal Procedure 32, to withdraw his guilty pleas to charges of aggravated kidnapping and unlawful possession of a firearm by a convicted felon, arguing that the pleas were the product of the ineffective assistance of counsel. Because the defendant failed to establish manifest injustice requiring that he be allowed to withdraw his pleas, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Antonio Smith v. State of Tennessee
The petitioner, Antonio Smith, appeals the denial of his petition for post-conviction relief, which petition challenged his 2016 Knox County Criminal Court Jury convictions of the sale of heroin in a school zone, the possession with intent to sell or deliver heroin in a school zone, possession of marijuana, and the possession of a firearm with the intent to go armed during the commission of a dangerous felony. He argues that he was deprived of the effective assistance of counsel. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Tandy Tomlin
The Appellant, Tandy Tomlin, was convicted by a Rutherford County Circuit Court Jury of eight counts of rape of a child, two counts of aggravated sexual battery, one count of solicitation to commit rape of a child, and one count of solicitation to commit aggravated sexual battery. The trial court merged two of the rape of a child convictions and sentenced the Appellant to consecutive sentences of thirty years for each rape of a child conviction, ten years for each aggravated sexual battery conviction, ten years for the solicitation of rape of a child conviction, and five years for the solicitation of aggravated sexual battery conviction, for a total effective sentence of 245 years. On appeal, the Appellant contends that the evidence was insufficient to sustain his convictions, that the trial court erred in sentencing, and that his right to a fair trial was violated when he was escorted into the courtroom through a security door by a uniformed officer in view of the jury pool. Upon review, we conclude that the State adduced insufficient evidence to sustain the Appellant’s conviction of rape of a child in count 7 and reduce the conviction to aggravated sexual battery with an accompanying sentence of ten years to be served consecutively to the remaining sentences. The trial court’s judgments are affirmed in all other respects. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Deandre Montavis Outlaw
Following a trial, a Madison County jury found Defendant, Deandre Montavis Outlaw, guilty of theft of property valued under $1,000. The trial court sentenced Defendant to eleven months and twenty-nine days’ incarceration. On appeal, Defendant argues that the evidence was insufficient to support his conviction for theft of property valued under $1,000. Following a thorough review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Larry Brown v. State of Tennessee
Petitioner, Larry Brown, appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief, in which he alleged that his trial counsel was ineffective for failing to “ensure the enforcement of a plea agreement promising concurrent service of Petitioner’s state and federal sentences.” Upon review, we conclude that the petition was filed outside the one-year statute of limitations applicable to post-conviction proceedings. However, because we are unable to determine from the record whether due process requires the tolling of the statute of limitations, we vacate the post-conviction court’s order and remand the case to the |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kevin Caprice Smith
The Defendant, Kevin Caprice Smith, was convicted by a Davidson County Criminal Court jury of premeditated first-degree murder; attempted first-degree murder, a Class A felony; employing a firearm during the commission of a dangerous felony, a Class C felony; possession of cocaine with intent to sell or deliver, a Class B felony; possession of heroin with intent to sell or deliver, a Class B felony; possession of a firearm by a felon with a prior felony drug conviction, a Class D felony; and possession of oxycodone, a Class A misdemeanor, and was sentenced to an effective term of life imprisonment plus ten years. On appeal, he challenges the sufficiency of the convicting evidence. After review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Andre Bowen
A Shelby County grand jury indicted the defendant, Andre Bowen, and his co-defendant, Anthony Olivo, for two counts of first-degree, felony murder (Counts 1 and 2) and attempted especially aggravated robbery (Count 3). The grand jury also indicted the defendant for two counts of unlawful possession of a firearm by a convicted felon (Counts 4 and 5). After a joint trial, the jury acquitted the defendant on Count 1 but found him guilty of the lesser-included offense of facilitation of first-degree, felony murder in Count 2, attempted especially aggravated robbery in Count 3, and unlawful possession of a firearm by a convicted felon in Counts 4 and 5, for which the trial court imposed an effective sentence of seventy-two years. On appeal, the defendant challenges the sufficiency of the evidence supporting his convictions and argues the trial court erred in sentencing. After our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals |
