Roy C. Smith, Jr. v. State of Tennessee
The petitioner, Roy C. Smith, Jr., pled guilty to one count of rape of a child and was sentenced to fifteen years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner, acting pro se, filed a petition for a writ of habeas corpus, alleging that his conviction is illegal because he pled guilty to a crime that was not in effect at the time of the commission of the offense. The trial court dismissed the petition and the petitioner now appeals. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Lauderdale | Court of Criminal Appeals | |
Roy C. Smith, Jr. v. State of Tennessee - Concurring
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Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Harley B. Upchurch
Defendant pled guilty to burglary, theft under $500, and vandalism under $500 and was sentenced by the trial court to an effective sentence of four years with the requirement that he serve one year "day for day" in the county jail followed by twelve years of supervised probation. On appeal, defendant contends (1) the length of his sentence is excessive; (2) he should have been granted full probation; and (3) the trial court erred in requiring him to serve his time of confinement "day for day." We remand for deletion of the "day for day" requirement because it deprives the defendant of the opportunity to earn statutory sentencing credits; however, we affirm the judgments of the trial court in all other respects. |
Overton | Court of Criminal Appeals | |
State of Tennessee v. Harley B. Upchurch
Defendant pled guilty to burglary, theft under $500, and vandalism under $500 and was sentenced by the trial court to an effective sentence of four years with the requirement that he serve one year "day for day" in the county jail followed by twelve years of supervised probation. On appeal, defendant contends (1) the length of his sentence is excessive; (2) he should have been granted full probation; and (3) the trial court erred in requiring him to serve his time of confinement "day for day." We remand for deletion of the "day for day" requirement because it deprives the defendant of the opportunity to earn statutory sentencing credits; however, we affirm the judgments of the trial court in all other respects. |
Overton | Court of Criminal Appeals | |
State of Tennessee v. David Allen Lackey
A Davidson County jury convicted the Defendant of one count of premeditated murder, one count of felony murder during the perpetration of a theft, and one count of misdemeanor theft. The trial |
Davidson | Court of Criminal Appeals | |
David Michael Long v. State of Tennessee
The petitioner, David Michael Long, appeals the denial of his petition for post-conviction relief. In this appeal of right, the petitioner asserts that his plea was neither knowingly nor voluntarily made and that he was denied the effective assistance of counsel. The judgment of the trial court is affirmed |
McMinn | Court of Criminal Appeals | |
State of Tennessee v. Ivan E. Cummings
The defendant, Ivan E. Cummings, pled guilty in the Montgomery County Circuit Court to aggravated child abuse, aggravated child neglect, and second degree murder, Class A felonies. The trial court merged the aggravated child abuse and neglect convictions and sentenced the defendant as a Range I, standard offender to twenty-four years in the Tennessee Department of Correction. For the second degree murder conviction, the trial court sentenced the defendant to twenty-five years to be served concurrently with the twenty-four-year sentence. The defendant appeals, claiming that the trial court erroneously applied enhancement factors to his convictions. We affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Wendy Stevens
The appellant, Wendy Stevens, pled guilty in the Williamson County Circuit Court to one count of forgery involving a value of more than $500 but less than $1,000, and one count of fraudulent use of a credit card involving a value of more than $500 but less than $1,000, both Class E felonies. The trial court sentenced the appellant to eighteen months incarceration in the Tennessee Department of Correction for each offense, but immediately suspended the sentence in favor of supervised probation. On appeal, the appellant complains that the trial court erred by failing to grant her judicial diversion. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
Johnny McClain v. State of Tennessee
The Appellant, Johnny McClain, appeals as of right from the judgment of the Davidson County Criminal Court denying his petition for post-conviction relief. On appeal, the Appellant argues that he received ineffective assistance of counsel. After review of the record, we find that the Appellant's brief fails to provide any argument in support of the issue as presented. Due to the Appellant's procedural default, the appeal is dismissed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Willie Neal Burton
The defendant, Willie Neal Burton, appeals as of right from the Chester County Circuit Court's revocation of his community corrections sentence. The trial court found that he had violated the terms of his community corrections sentence by conduct unbecoming good citizenship, involving arrests and convictions for subsequent offenses while serving his community corrections sentence. It sentenced the defendant to a six-year sentence as a career offender. The defendant contends that the trial court erroneously revoked his community corrections sentence and that the resulting six-year sentence is excessive. We affirm the trial court's revocation and sentence. |
Chester | Court of Criminal Appeals | |
Lee O. Anderson v. State of Tennessee
The petitioner, Lee O. Anderson, appeals the Fayette County Circuit Court's denial of his petition for post-conviction relief from his convictions for delivery of one-half gram of cocaine and delivery of less than one-half gram of cocaine. This court affirmed the judgments of conviction. See State v. Lee O. Anderson, No. W2000-00671-CCA-R3-CD, Fayette County (Tenn. Crim. App. Feb. 9, 2001), app. denied (Tenn. June 25, 2001). The petitioner claims that he received the ineffective assistance of counsel because his trial attorney (1) failed to present evidence of the petitioner's treatment for drug addiction in order to support a casual exchange defense and (2) failed to raise an insufficiency of the evidence claim on appeal of his convictions. We affirm the judgment of the trial court. |
Fayette | Court of Criminal Appeals | |
State of Tennessee v. Donald E. Bryant
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Blount | Court of Criminal Appeals | |
State of Tennessee v. James L. Partin
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Claiborne | Court of Criminal Appeals | |
State of Tennessee v. James L. Partin
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Claiborne | Court of Criminal Appeals | |
State of Tennessee v. Timothy Wayne Holland
The defendant was convicted of facilitation of aggravated robbery and aggravated burglary for his participation with a codefendant in robbing a resident of a Springfield motel and burglarizing his room. The trial court sentenced him as a Range I, standard offender to an effective sentence of six years. Following the denial of his motion for a new trial, he filed a timely appeal to this court, raising the following issues: (1) whether the trial court properly denied his motion for a new trial based on his claim of an improper closing by the State; and (2) whether the trial court properly denied his request for a jury instruction on accessory after the fact. Based on our review, we affirm the judgment of the trial court. |
Robertson | Court of Criminal Appeals | |
Eddie L. Coley, Jr. v. State of Tennessee
The petitioner, Eddie L. Coley, Jr., was convicted of aggravated robbery in 1996 and sentenced to confinement for twelve years. Following an unsuccessful appeal of his conviction, he filed a petition for post-conviction relief, alleging that his trial counsel was ineffective for not filing a motion to suppress a photographic lineup and not allowing him to testify at his trial. The post-conviction court denied the petition; and, following our review, we affirm that denial. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Antonio Mitchell
The defendant, Antonio Mitchell, appeals his Shelby County jury conviction of attempted first-degree murder and claims that the evidence is insufficient to sustain the conviction. We disagree and affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Harold J. Turner
The defendant, Harold J. Turner, was convicted of driving under the influence ("DUI") and sentenced to eleven months, twenty-nine days in the county workhouse, with all but seven days suspended and the balance to be served on probation. In addition, his driver's license was revoked for one year and he was ordered to attend alcohol safety school and pay a fine of $500. In his appeal, the defendant argues that the trial court should have instructed the jury to consider whether he was guilty of driving while impaired without first having to determine that he was not guilty of DUI. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. David Saltz
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Sullivan | Court of Criminal Appeals | |
Reece Calloway Loudermilk v. State of Tennessee
This is an appeal from the denial of post-conviction relief. Pursuant to an agreed plea entered in October 1992, the defendant pled nolo contendere to three counts of aggravated rape of his niece, one count of aggravated sexual battery of his niece, one count of aggravated rape of his daughter, and one count of aggravated sexual battery of his daughter for an effective 35-year sentence as a Range I standard offender. Both victims were under thirteen years of age. On appeal, the defendant contends he received ineffective assistance of counsel rendering his plea unknowingly and involuntarily entered. After review, we affirm the judgment of the post-conviction court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Deundrick Laran Coble
The appellant was convicted of aggravated assault and sentenced to five years in the Tennessee Department of Correction as a standard Range I offender. In this appeal, he raises two issues. First, he maintains that a prior inconsistent statement was improperly used by the prosecution to impeach the testimony of a prosecution witness. Second, he claims the prosecutor made improper remarks during closing argument. We find neither of these alleged errors requires reversal of this case and thus we affirm the judgment of the trial court. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Larenzo DeShawn Harris
The defendant was convicted of possession of a Schedule II controlled substance with the intent to manufacture, deliver, or sell, a Class B felony; possession of a Schedule VI controlled substance with the intent to manufacture, deliver, or sell, a Class E felony; and possession of drug paraphernalia, a Class A misdemeanor. Following the denial of his motion for a new trial, he filed a timely appeal to this court, challenging the sufficiency of the evidence in support of his convictions. We affirm the defendant's convictions. However, because the jury assessed, and the trial court imposed, a fine for possession of a Schedule VI controlled substance that exceeds the statutory maximum, we remand the case to the trial court for a new jury to be impaneled to assess an appropriate fine in Count 2 and for entry of a corrected judgment as to the possession of drug paraphernalia conviction in Count 3. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. John W. Thompkins, II
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Williamson | Court of Criminal Appeals | |
State of Tennessee v. Jess R. Amonette
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Williamson | Court of Criminal Appeals | |
Steven Murphy v. State of Tennessee
In 1996, the petitioner, Steven Murphy, was convicted of first degree murder, especially aggravated robbery, and theft over $1,000. He received a sentence of life imprisonment for first degree murder, 25 years for especially aggravated robbery and four years for the theft. The trial court ordered the petitioner to serve his sentences consecutively, resulting in an effective sentence of life plus 29 years. Following a direct appeal to this Court the petitioner's convictions were affirmed, but his sentence for aggravated robbery was modified to 21 years. State v. Adrian Wilkerson and Steven Murphy, No. 01C01-9610-CR-00419 1998 Tenn. Crim. App. LEXIS 891, at *45 (Tenn. Crim. App., at Nashville Aug. 26, 1998). The Tennessee Supreme Court denied permission to appeal on September 18, 2000. The petitioner filed a post-conviction petition on October 30, 2000, which alleged that his trial attorneys were ineffective thereby depriving him of his rights under the Sixth Amendment to the United States Constitution. Following appointment of counsel and a hearing, the trial judge entered an order denying post-conviction relief on March 12, 2001, and the instant appeal followed. After a thorough review of the record we find no error in the trial court's decision. The judgment of the lower court is therefore affirmed. |
Davidson | Court of Criminal Appeals |
