Justin Quistopher Webb v. State of Tennessee
The Petitioner, Justin Quistopher Webb, pled guilty to attempted first degree murder and theft of property and received a sentence of twenty years. Thereafter, he filed a petition for post-conviction relief, alleging that his plea counsel rendered ineffective assistance in failing to advise him of the significant consequences of the plea. After a hearing, the post-conviction court denied the petition by finding that plea counsel was not ineffective. On appeal, the Petitioner argues that the post-conviction court erred in denying his petition, asserting that he proved his allegations by clear and convincing evidence. Upon our review, we respectfully disagree and affirm the post-conviction court’s judgment. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Bobby Daniel Pettie
A Bedford County jury found the Defendant, Bobby Daniel Pettie, guilty of possession of a firearm with the intent to go armed during the commission of a dangerous felony, among other offenses. The court then imposed a six-year sentence for this conviction after implicitly finding that the Defendant had a qualifying prior felony conviction. Thereafter, the Defendant sought to have his sentence declared illegal pursuant to Tennessee Rule of Criminal Procedure 36.1, arguing that the jury did not find that he had a qualifying prior felony conviction. The trial court denied the motion, finding that the Defendant waived the jury’s determination of the issue. The Defendant appealed to this court. Upon our review, we respectfully affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
Joseph E. Graham v. State of Tennessee
The Petitioner, Joseph E. Graham, appeals from the Montgomery County Circuit Court’s denial of post-conviction relief from his convictions for two counts of first degree felony murder, seven counts of especially aggravated kidnapping, five counts of attempted aggravated robbery, and one count of especially aggravated burglary and his effective sentence of life imprisonment plus twenty years. On appeal, the Petitioner contends that the post-conviction court erred by (1) denying relief on his ineffective assistance of counsel claim and (2) denying his motion for a continuance of the post-conviction hearing. We affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
Mickey Verchell Shanklin v. State of Tennessee
Petitioner, Mickey Verchell Shanklin, appeals the post-conviction court’s order denying his petition for post-conviction relief in which he challenged his convictions for the sale of heroin, the delivery of heroin, the sale of fentanyl, and the delivery of fentanyl and his effective sentence of thirty years of imprisonment as a Range III, persistent offender. On appeal, Petitioner asserts that trial counsel was ineffective in failing to submit the controlled substance for independent testing. Because Petitioner filed an untimely notice of appeal, we dismiss the appeal. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. William Wylie
A Maury County jury convicted the Defendant, William Wylie, of second degree murder, among other offenses. The trial court imposed a sentence of twenty years. On appeal, the State asks this court to dismiss the appeal because the Defendant’s notice of appeal was untimely. Upon our review, we agree that the Defendant’s notice of appeal was untimely and that the interest of justice does not require us to waive the timely filing requirement. We respectfully dismiss the appeal. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Brentnol Calvin James
A Davidson County jury convicted the Defendant, Brentnol Calvin James, of first degree premeditated murder, and the trial court imposed a life sentence. On appeal, the Defendant asserts that the evidence of premeditation was insufficient to support his conviction, and that the trial court erred by failing to provide a jury instruction on self-defense. After review, we affirm the trial court’s judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Joey Dewayne Callahan
Joey Dewayne Callahan (“Defendant”) appeals from his Marshall County Circuit Court convictions for possession with intent to sell or deliver more than 0.5 grams of methamphetamine, possession of a prohibited weapon, possession with the intent to use drug paraphernalia, resisting arrest, and reckless driving, for which he received a total effective sentence of fifteen years’ incarceration. Defendant contends that the evidence was insufficient to establish his intent to sell the methamphetamine. Following a thorough review, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Jamarea Dashon Alderson
After being indicted on multiple charges in two separate cases, Jamarea Dashon Alderson, Defendant, entered an open guilty plea to the offenses of aggravated assault, two counts of simple possession of marijuana, possession of oxycodone, possession of hydrocodone, and evading arrest. The trial court denied alternative sentencing and sentenced Defendant to serve an effective sentence of five years, eleven months, and twenty-nine days, ordering partial consecutive sentencing. Defendant appeals, arguing that the trial court erred in denying alternative sentencing and ordering consecutive sentencing. Defendant also challenges the trial court’s admission of testimony about pending charges during the sentencing hearing. Because the trial court did not abuse its discretion, we affirm the judgments of the trial court. |
Maury | Court of Criminal Appeals | |
Monoleto D. Green v. State of Tennessee
The Petitioner, Monoleto D. Green, acting pro se, appeals from the order of the Davidson County Criminal Court summarily dismissing his second petition seeking a writ of habeas corpus. Pursuant to Rule 20 of the Rules of the Court of Criminal Appeals, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. William Swafford
The Defendant, William Swafford, was convicted by a Hamblen County jury of especially |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Joshua L. Hutcherson
The defendant, Joshua L. Hutcherson, pleaded guilty to four counts of vehicular assault, two counts of driving on a revoked license with a prior DUI, one count of leaving the scene of an accident with injuries, four counts of reckless aggravated assault, and one count of felony reckless endangerment, and the trial court imposed an effective sentence of fourteen years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court erred in denying alternative sentencing and in failing to apply an appropriate mitigating factor. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. However, we remand the case for corrected judgment forms. |
Henderson | Court of Criminal Appeals | |
Tracy L. Harris v. State of Tennessee
Petitioner, Tracy L. Harris, pleaded guilty in Carroll County Circuit Court to first degree murder and aggravated rape and was sentenced to an effective sentence of life without parole. After unsuccessful challenges to his convictions and sentences in Tennessee and federal courts, Petitioner filed a pro se petition pursuant to the Post-Conviction DNA Analysis Act of 2001 (“The Act”), Tennessee Code Annotated section 40-30-301, et. seq., requesting DNA analysis on several items and samples taken from the crime scene. After the State responded in opposition, the post-conviction court dismissed the petition without a hearing and found that Petitioner had not met the statutory requirements of the Act. On appeal, Petitioner challenges the post-conviction court’s dismissal of his petition. We conclude that the post-conviction court did not err in dismissing the petition, and we affirm. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Jaylon Hatch
The Defendant, Jaylon Hatch, was convicted by a Shelby County Criminal Court jury of attempted premeditated first degree murder, a Class A felony; aggravated assault in concert with two or more persons, a Class B felony; reckless endangerment by discharging a firearm into a habitation, a Class C felony; and employing a firearm during the commission of a dangerous felony, a Class C felony. See T.C.A. §§ 39-13-202 (first degree murder), 39-13-102 (Supp. 2019) (subsequently amended) (aggravated assault), 39-13-103 (Supp. 2019) (reckless endangerment), 39-17-1324 (Supp. 2019) (subsequently amended) (employing a firearm). The trial court imposed an effective twenty-one-year sentence. On appeal, the Defendant contends that the evidence is insufficient to establish that he was the perpetrator of the conviction offenses because they are based on the uncorroborated testimony of an accomplice. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Roderick Redmond
The Defendant, Roderick Redmond, was convicted by a Shelby County Criminal Court jury of rape of a child, a Class A felony, and aggravated sexual battery, a Class B felony. See T.C.A. §§ 39-13-522 (Supp. 2020) (subsequently amended) (rape of a child), 39-13- 504 (2018) (aggravated sexual battery). The trial court sentenced him to consecutive sentences of thirty years for rape of a child and ten years for aggravated sexual battery, for an effective forty-year sentence. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. William Paul Climer
The defendant, William Paul Climer, was indicted by the Dyer County Grand Jury for one count of aggravated kidnapping and two counts of aggravated assault. On September 8, 2023, the defendant pled guilty to one count of aggravated assault. Per the terms of his plea agreement, the defendant agreed to be sentenced as a Range II, multiple offender with the length and manner of service to be determined by the trial court. Additionally, the State agreed to dismiss the aggravated kidnapping charge and the second count of aggravated assault. After a sentencing hearing, the trial court sentenced the defendant to a term of six years’ incarceration and imposed a fine of $2500. On appeal, the defendant contends the trial court erred in denying alternative sentencing and in imposing a fine without making the appropriate findings. Upon our review of the record, the parties’ briefs, and the applicable law, we affirm the trial court’s denial of alternative sentencing; however, the trial court failed to make the appropriate findings concerning the imposition of the $2500 fine, and therefore, we remand the matter to the trial court to determine if a fine is appropriate and make such findings as necessary. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. David Alexander Hayes
The Defendant challenges the sufficiency of the evidence supporting his conviction |
Knox | Court of Criminal Appeals | |
State of Tennessee v. David Alexander Hayes
The Defendant, David Alexander Hayes, was convicted by a Knox County Criminal Court |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Thor Lucas Coleman
A Williamson County jury convicted the Defendant, Thor Lucas Coleman, of attempted first degree murder, aggravated assault by strangulation, aggravated assault by violating a restraining order, possessing a firearm during the commission of a dangerous felony, and unlawful possession of a weapon. The trial court sentenced him to a forty-five-year effective sentence. On appeal, the Defendant contends that: (1) the trial court improperly admitted evidence of his prior acts of domestic violence against the victim; and (2) the evidence is insufficient to sustain his conviction for attempted first degree murder. After review, we affirm the trial court’s judgments. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Roger Trino Spencer, Jr.
Defendant, Roger Trino Spencer, Jr., was indicted by the McNairy County Grand Jury for one count of aggravated robbery accomplished with a deadly weapon and two counts of aggravated assault by displaying a deadly weapon. Defendant was convicted as charged by a jury and sentenced by the trial court as a Range II offender to an effective eighteen years’ confinement. The trial court also imposed an effective $15,000 fine and ordered Defendant to pay $971 in restitution. In this appeal as of right, Defendant contends that the State failed to provide sufficient proof of his identity as the perpetrator of the offenses; the State’s improper comments during opening statement and closing argument entitle him to plain error relief; the trial court erred by failing to consider a validated risk and needs assessment in imposing his sentence; and the trial court erred by failing to consider his ability to pay in imposing fines and ordering restitution. Having reviewed the briefs and arguments of the parties and the record on appeal, we affirm the judgments of the trial court. |
McNairy | Court of Criminal Appeals | |
State of Tennessee v. Jared A. Smith
Following a jury trial, a Cheatham County jury convicted Defendant, Jared A. Smith, of three counts of Rape of a Child, four counts of Aggravated Sexual Battery, and three counts of Incest, for which he received a total effective sentence of seventy-eight years’ incarceration. On appeal, Defendant contends that: (1) the trial court erred by limiting his cross-examination of a police witness; (2) the State’s election of offenses was “vague, ambiguous and unsupported by the evidence,” in violation of his right to a unanimous jury verdict; and (3) the trial court erred by declining to instruct the jury on generic evidence. Following a thorough review of the record and applicable law, we affirm. |
Cheatham | Court of Criminal Appeals | |
Rico Eugene Mallard v. State of Tennessee
Petitioner, Rico Eugene Mallard, appeals the summary dismissal of his petition seeking post-conviction relief from his 1999 especially aggravated robbery conviction, for which he was sentenced to twenty-two years’ incarceration to be served consecutively to his life sentence for first degree murder. The post-conviction court found that State v. Booker, 656 S.W.3d 49 (Tenn. 2022), did not establish a new constitutional right applicable to Petitioner’s case, and therefore, the statute of limitations was not tolled, and the petition was time-barred. Discerning no error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Ricky Hunt v. State of Tennessee
The Petitioner, Ricky Hunt, pleaded guilty to two counts of second-degree murder and one count of attempted especially aggravated robbery in exchange for an effective thirty-year sentence. The Petitioner filed a petition for post-conviction relief, along with two amended petitions. After an evidentiary hearing, the post-conviction court denied the post-conviction petition. On appeal, the Petitioner contends that the post-conviction court erred when it denied his petition because: (1) trial counsel was ineffective for failing to explain the corroboration requirement regarding accomplice testimony and for failing to help him file a motion to withdraw his guilty plea; and (2) his guilty plea was not knowingly and voluntarily entered because trial counsel failed to advise him that his sentence was required to be served at 100%. After review, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Mendy Powell Neal
After three days of a Dickson County jury trial, the Defendant, Mendy Powell Neal, who was charged with the first degree premeditated and felony murder of her husband and the aggravated arson of their home, entered a North Carolina v. Alford, 400 U.S. 25, 37 (1970), best interest plea to voluntary manslaughter, a Class C felony, in exchange for the dismissal of the felony murder and aggravated arson counts of the presentment and an agreed range of three to four years, with the trial court to determine the length and manner of service of the sentence. At the conclusion of the sentencing hearing, the trial court denied the Defendant’s request for judicial diversion, determined that she was not a suitable candidate for probation or other alternative sentencing, and sentenced her as a Range I, standard offender to four years at 30% in the Tennessee Department of Correction. Following the denial of what the Defendant styled as a “Motion for New Trial,” which the trial court treated as a Rule 35 motion for a reduction in sentence, the Defendant filed an untimely appeal to this court in which she argues that the trial court erred in both the length and manner of service of the sentence. Based on our review, we conclude that the interest of justice does not warrant that the timely notice of appeal requirement be waived for the Defendant’s attempt to appeal the trial court’s original sentencing determinations. We further conclude that the trial court acted within its discretion by declining to reduce or modify the sentence pursuant to Rule 35 of the Tennessee Rules of Criminal Procedure. Accordingly, we affirm the judgment of the trial court. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Calvin Dwight Butler
The defendant, Calvin Dwight Butler, pled guilty to sexual exploitation of a minor. As a |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Joshua Anthony Williams, Alias
The Defendant, Joshua Anthony Williams, alias, pleaded guilty in the Knox County Criminal Court to statutory rape. Pursuant to a plea agreement, the Defendant was to receive a four-year sentence as a Range II offender to be served on probation following one year of confinement, and the trial court was to determine whether to grant judicial diversion and whether to require the Defendant to register as a sexual offender. Following a hearing, the trial court granted the Defendant’s request for judicial diversion, extending the diversionary period to six years, and placed the Defendant on the sexual offender registry during the diversionary period. On appeal, the Defendant contends that the trial court erred in placing him on the sexual offender registry. We conclude that the Defendant does not have an appeal as of right pursuant to Tennessee Rule of Appellate Procedure 3 and that the Defendant failed to satisfy the requirements for extraordinary relief pursuant to Tennessee Rule of Appellate Procedure 10. Accordingly, we dismiss the appeal. |
Knox | Court of Criminal Appeals |
