State of Tennessee v. Paul C. Michael
On October 19, 2000, the appellant, Paul C. Michael, was convicted by a McNairy County jury of violating the provisions of Tennessee Code Annotated Section 55-10-616, a section of the Motor Vehicle Habitual Offender Act. On November 22, 2000, he was sentenced to two years incarceration suspended after service of ninety days. He brings this appeal claiming his conviction is invalid because the order declaring him an habitual motor vehicle offender was not properly entered pursuant to Tennessee Rule Civil Procedure 58. We hold that an individual must utilize the provisions of Tennessee Rule of Civil Procedure 60.02 to challenge an order declaring the individual an habitual motor vehicle offender. Because the appellant herein did not mount his attack on such an order pursuant to Rule 60.02 the appellant cannot obtain relief. Moreover, the unreasonable amount of time the appellant waited to mount his challenge after having actual notice of the order declaring him an habitual motor vehicle offender precludes relief pursuant to Rule 60.02. The judgment of the trial court is affirmed. |
McNairy | Court of Criminal Appeals | |
Kenneth W. Nesbitt v. State of Tennessee
The Defendant, Kenneth W. Nesbitt, was convicted of two counts of selling cocaine by a Carroll County jury and sentenced to eight years on each count to be served concurrently. He appealed his convictions and this Court affirmed the convictions and the sentences, and our supreme court denied the Defendant's application for permission to appeal. The Defendant then filed a petition for post-conviction relief alleging ineffective assistance of counsel. The trial court dismissed the petition. The Defendant now appeals to this Court alleging that the trial court erred in denying him relief. We affirm the judgment of the trial court. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Jeffery Bowers
The Defendant, Jeffery Bowers, was convicted in the Circuit Court of Fayette County of speeding . He now appeals to this Court alleging that his conviction should be reversed due to a conflict of interest in the Somerville City Court. We affirm the judgment of the trial court. |
Fayette | Court of Criminal Appeals | |
Thomas A. Street v. Howard Carlton, Warden, and State of Tennessee
The petitioner was convicted of first degree murder for a killing that occurred in 1985, and was unsuccessful both in a direct appeal of his conviction and a petition for post-conviction relief. Subsequently, he filed a petition for writ of habeas corpus, the denial of which is the basis for this appeal. In that petition, he claimed, as he had in his earlier petition for post-conviction relief, that his conviction should be reversed because the jurors were allowed to separate during the trial. Based upon our review, we affirm the post-conviction court's dismissal of the petition. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Charles Wilburn Taylor
A petition to declare the defendant a motor vehicle habitual offender was filed and served on him. He did not appear at the hearing, where a default judgment was entered. Subsequently, he filed a motion to set aside the default order, arguing that the service of the order on him was inadequate. The trial court denied the motion, and we affirm that denial. |
Roane | Court of Criminal Appeals | |
State of Tennessee v. Jerry Ray Davidson
The appellant, Jerry Ray Davidson, was found guilty by a jury of premeditated first degree murder and aggravated kidnapping. Thereafter, the jury sentenced the appellant to death based upon the finding of three aggravating circumstances: the appellant had previously been convicted of one or more violent felonies; the murders were knowingly committed while the appellant was engaged in committing a felony, i.e., aggravated kidnapping; and the appellant knowingly mutilated the body of the victim after death. The appellant received a consecutive twenty year sentence for the kidnapping conviction. On appeal, the appellant raises the following issues: (1) Whether the trial erred when it denied the appellant's motions to change venue, strike the venire and grant additional peremptory challenges; (2) Whether the evidence is sufficient to sustain the convictions; (3) Whether a witness for the prosecution should have been allowed to offer opinion testimony; (4) Whether the trial court correctly instructed the jury about the unanimity of its verdict; (5) Whether the jury's verdict is proper; (6) Whether the prosecutor has unlimited discretion in seeking the death penalty; (7) Whether the death penalty is imposed in a discriminatory manner; and (8) Whether Tennessee courts employ an adequate proportionality review. Having thoroughly considered all of these issues and having fully reviewed the appellate record in this case, we affirm the convictions and the sentence of death imposed for first degree murder. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Joseph S. Hayes
The defendant, Joseph S. Hayes, appeals the Sullivan County Criminal Court's denial of alternative sentencing in the defendant's three Class B misdemeanor convictions of assault. Finding no reversible error, we affirm. |
Sullivan | Court of Criminal Appeals | |
Jason Michon v. State of Tennessee
Petitioner appeals the summary dismissal of his petition for post-conviction relief after the trial court found it was barred by the statute of limitations. We conclude that due process considerations may have tolled the running of the statute of limitations if trial counsel misled petitioner concerning his intention to pursue an appeal. We, therefore, reverse and remand for an evidentiary hearing on the issue of tolling. |
Davidson | Court of Criminal Appeals | |
Anthony Hunter v. State of Tennessee
This is an appeal from the denial of post-conviction relief. The petitioner contends he was deprived of the effective assistance of counsel which led to an involuntary guilty plea. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Donald W. Branch
After Defendant was convicted of two counts of aggravated vehicular homicide and one count of driving while license revoked, the trial court imposed an effective sentence of forty-nine years in confinement. On appeal, Defendant argues that the evidence was insufficient to sustain the convictions for aggravated vehicular homicide, the trial court's instructions to the jury were erroneous, the blood alcohol test results were admitted in error, the State's closing argument was improper, and his sentence is excessive. After a thorough review of the record, we find that the trial court improperly applied two enhancement factors. However, the errors affect only Defendant's sentence for one count of aggravated vehicular homicide and, therefore, we reduce this sentence by six months. We affirm the judgment of the trial court in all other aspects. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Thomas Wayne Shields
The appellant, Thomas Wayne Shields, challenges both his conviction by a jury in the Circuit Court of Henry County of one count of assault and his consequent sentence. Following a thorough review of the record and the parties' briefs, we affirm the judgment of the trial court, concluding that (1) the evidence adduced at trial is sufficient to support the appellant's conviction of assault; (2) the appellant waived any objection to the trial court's response to a question posed by the jury during deliberations, and the trial court's remarks do not constitute plain error within the meaning of State v. Smith, 24 S.W.3d 274 (Tenn. 2000); and (3) the trial court properly denied the appellant full probation. |
Henry | Court of Criminal Appeals | |
Derrick Williams v. State of Tennessee
The petitioner, Derrick Williams, pled guilty to three counts of simple robbery, a Class C felony, and one count of aggravated robbery, a Class B felony. The trial court sentenced Petitioner as a Range III persistent offender to fifteen years for each of the simple robbery convictions and twenty-five years for the aggravated robbery conviction, with the sentences to be served concurrently for an effective sentence of twenty-five years. Thereafter, Petitioner filed a pro se petition, with one amendment filed by appointed counsel, for post-conviction relief alleging ineffective assistance of counsel. The post-conviction court denied Petitioner relief, which resulted in this appeal wherein Petitioner claims ineffective assistance of counsel based on the following: (1) counsel failed to argue that the indictment concerning aggravated robbery was insufficient whereas it did not allege an essential element of the offense, i.e., that Petitioner used a deadly weapon to commit the crime; and (2) counsel pressured Petitioner to plead guilty, which coercion caused his plea to be involuntary and, therefore, constitutionally infirm. After a review of the record, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Randy D. Vowell v. State of Tennessee
An Anderson County jury convicted the petitioner, Randy D. Vowell, of one count of rape and one count of aggravated rape. The trial court sentenced the petitioner to serve concurrent sentences of twenty-three years for aggravated rape and eight years for rape as a Range I standard offender. The petitioner filed a new trial motion, which the trial court denied, and the petitioner appealed his conviction to this Court. We affirmed the decision of the lower court, finding that all of the petitioner's claims of error were meritless, with the exception of the petitioner's claim of ineffective assistance of trial counsel, which this court declined to consider because the record on appeal was insufficient to review the petitioner's claim. See State v. Randy D. Vowell, No. 03C01-9709-CC-003383, 1998 WL 573296, at *2 (Tenn. Crim. App. at Knoxville, Sept. 8, 1998). This Court also noted that because the petitioner's claim of ineffective assistance of counsel had not been waived or decided on its merits, it was open to collateral attack. Id. at *2. The petitioner filed a petition seeking post-conviction relief alleging that he received ineffective assistance from his trial counsel, and the post-conviction court denied his petition. The petitioner now brings this appeal, challenging the post-conviction court's denial of his petition. For the following reasons, we affirm the decision of the post-conviction court. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Anthony Dwight Cox
The defendant, Anthony Dwight Cox, appeals from his convictions for aggravated rape and aggravated assault, contesting the sufficiency of the evidence. We affirm the judgments of conviction. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Charles Orlando Fields
The defendant, Charles Orlando Fields, was indicted for one count of selling one-half gram or more of cocaine within one thousand feet of a school, a Class A felony, and one count of distributing one-half gram or more of cocaine within one thousand feet of a school, a Class A felony. An Obion County Circuit Court jury convicted him of both counts. The trial court merged the distributing cocaine conviction into the selling cocaine conviction and sentenced the defendant as a Range II, multiple offender to thirty-three years in the Tennessee Department of Correction. The defendant appeals, contending that the evidence is insufficient to support his conviction and that his sentence is excessive. We affirm the judgment of the trial court. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. John Arron Heard
The defendant, John Arron Heard, appeals from the judgment of the Hamilton County Criminal Court revoking his community corrections sentence. The sole issue on appeal is whether the trial court abused its discretion in ordering the defendant to serve the remainder of his sentence in the penitentiary. After careful review, we affirm the trial court's judgment. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Angela Bright
Angela Bright brings this appeal of the Blount County Criminal Court's revocation of her probationary sentence and order placing her Department of Correction sentence into effect. Because the lower court did not abuse its discretion, we affirm. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Anthony D. Bynum
The defendant, Anthony D. Bynum, was convicted of possession of anhydrous ammonia, a Class E felony. The trial court sentenced the defendant to three years, one year to be served in the Weakley County Jail and the balance to be served on probation. The defendant was fined $1,000.00. In this appeal of right, the defendant asserts that the evidence was insufficient to support his conviction and that his sentence was excessive. The judgment of the trial court is affirmed. |
Weakley | Court of Criminal Appeals | |
State of Tennessee v. Danny Munson
This is an interlocutory appeal by the state from an order by the trial court excluding a .20 breathalyzer result from consideration in the imposition of an enhanced sentence for a DUI offense. The order is vacated and the cause is remanded for trial. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Danny Munson - Concurring
I concur with the result reached by the majority and consider this case distinguishable from Scisney. In Scisney, Judge Tipton and I, in separate opinions, concluded an intoximeter reading of .04%, by itself, was insufficient to establish “beyond a reasonable doubt” that the blood alcohol concentration was, in fact, .04%. See State v. Mark T. Scisney, C.C.A. No. 01C01-9605-CC-00209, 1997 WL 634515, at *9-11 (Tenn. Crim. App. Oct. 16, 1997, at Nashville). This was because there was a 25% chance that the actual level was below .04% due to the margin of error. Id. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ronald Prentice
The defendant, Ronald Prentice, was convicted of two counts of aggravated assault. The trial court imposed a sentence of four years on each count, with a concurrent one year sentence of incarceration and consecutive sentences of three years probation. In this appeal of right, he argues that the trial court erred (1) by improperly joining the offenses, (2) by excluding testimony regarding his divorce from the victim, and (3) by prohibiting a hypothetical question to an expert witness for the state. The judgment of the trial court in case number 98-D-2523 is affirmed. The judgment of the trial court in case number 99-A-13 is reversed and remanded for a new trial. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Chianti Fuller
The Defendant, Chianti Fuller was indicted for four offenses: (1) possession with intent to sell 0.6 grams of cocaine, a schedule II controlled substance, (2) possession with intent to deliver 0.6 grams of cocaine, a schedule II controlled substance, (3) simple possession of marijuana, a schedule VI controlled substance, and (4) possession of drug paraphernalia. The Defendant was convicted by a jury of counts (1) and (2), and pled guilty to counts (3) and (4). The trial court merged count two into count one and sentenced the Defendant to nine years and six months for possession of cocaine with intent to sell. The Defendant was also sentenced to nine months to be served concurrently with his other sentence for each of the two misdemeanor convictions. On appeal, the Defendant contends that (1) the evidence presented at trial was insufficient to support the jury verdict of guilt beyond a reasonable doubt and (2) the sentence was excessive. We affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Courtney L. Johnson
The defendant, Courtney L. Johnson, appeals the revocation of her probation by the Montgomery County Circuit Court. On appeal, she challenges the trial court's decision, after revocation, to order her to serve the balance of her effective sentence of approximately ten years in the Tennessee Department of Correction. Because we find no abuse of discretion, we affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
Larry N. Wilson v. State of Tennessee
The post-conviction petitioner, Larry N. Wilson, seeks to set aside his four Davidson County Criminal Court convictions of aggravated robbery and his effective 24-year sentence. The convictions were based on guilty pleas. In his post-conviction proceeding, he posited that the pleas were involuntarily or unknowingly made and that they were the result of the ineffective assistance of counsel. After an evidentiary hearing, the post-conviction court denied relief. Concluding that the record supports that determination, we affirm. |
Davidson | Court of Criminal Appeals | |
Michael Douglas Hughes v. State of Tennessee
The Defendant, Michael Douglas Hughes, entered a plea of no contest to one count of aggravated rape, and a plea of guilty to ten counts of aggravated rape, on November 30, 1992. On March 4, 1993, a sentencing hearing was held and the Defendant was sentenced for these crimes to an aggregate term of eighty years. The Defendant's trial counsel failed to timely perfect the Defendant's appeal, and on June 30, 1995, the Defendant filed a petition for post-conviction relief, seeking a delayed appeal. The delayed appeal was granted and this Court affirmed the Defendant's sentence. See State v. Michael Douglas Hughes, No. 01C01-9701-CR-00021, 1998 WL 301730, at *1 (Tenn. Crim. App., Nashville, June 10, 1998). The Tennessee Supreme Court denied the Defendant's application for permission to appeal on February 22, 1999. The Defendant filed the present petition for post-conviction relief on August 25, 1999, alleging ineffective assistance of counsel at his plea, sentencing, and on appeal; that his guilty plea is invalid because it was not made voluntarily, understandingly, and knowingly; and that the length of his sentence constitutes cruel and unusual punishment. The trial court dismissed the present petition on the grounds that it was not timely filed, that the grounds for relief have been waived, and that it does not contain grounds sufficient to constitute a motion to reopen the previous petition. The Defendant now appeals as of right. We reverse the trial court's ruling and remand this matter for an evidentiary hearing. |
Davidson | Court of Criminal Appeals |
