Cannon vs. State
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Bledsoe | Court of Criminal Appeals | |
Martin R. Craddock vs. State of Tennessee
The petitioner, Martin R. Craddock, appeals as of right from the Davidson County Criminal Court’s denial of habeas corpus relief. He is presently in the custody of the Department of Correction serving a Range I sentence of ten years for his conviction of aggravated sexual battery in 1995. He contends that he received ineffective assistance of counsel and that the judgment entered against him is void because the indictment for aggravated sexual battery fails to allege the mens rea for the offense. We affirm the dismissal of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee vs. Michael Brent Cook
The Defendant, Michael Brent Cook, appeals as of right from the revocation of his probation by the Sumner County Criminal Court. He contends that the trial court abused its discretion in revoking his proba tion. We affirm the judgment of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee vs. Sheryl Pendergrass
The defendant, Sheryl L. Pendergrass, appeals a certified question of law pursuant to Rule 37(b)(2)(I), Tennessee Rules of Criminal Procedure. In the Sumner County Criminal Court, the defendant pleaded guilty to three drug offenses, subject to reservation of the certified question. In her certified question, the defendant contends that law enforcement officers infringed on her rights to be free of unreasonable searches and seizures pursuant to the Fourth Amendment of the United States Constitution and article 1, section 7 of the Tennessee Constitution. We affirm the judgment of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee vs. Michael T. Keen
Michael T. Keen, the Defendant, appeals as of right following his sentencing hearing in the Sum ner County Criminal Court. Defendant was indicted for vehicular homicide and DUI, second offense. In an agreement with the State, Defendant pled guilty to vehicular homicide, a Class B felony, and agreed to an eight (8) year sentence, with the trial court to determine the manner of service of the sente nce. Following his sentencing hearing, the trial court orde red Defendant to serve eight (8) years in the Tennessee Department of Correction. In his appeal, Defendant argues that the trial court erred in refusing to grant an alterna tive sentence. We affirm the judgment of the trial court. |
Sumner | Court of Criminal Appeals | |
Jimmy Jones, Jr. vs. State of Tennessee
The appellant, Jimmy Jones, Jr., appeals the dismissal of his pro se motion to reopen post-conviction petition or in the alternative a petition for habeas corpus relief by the Sumner County Criminal Court. In December, 1987, the appellant was convicted by a Sumner County jury on two counts of armed robbery and one count of burglary. The appellant received concurrent Range II sentences of forty-five years for the armed robbery convictions and fourteen years for the burglary conviction to run consecutively. On direct appeal, the appellant alleged trial errors as to (1) the sufficiency of the evidence to sustain the verdicts, (2) whether the trial court erred in limiting production of police reports, and (3) whether his effective sentence of fifty-nine years was excessive. In January, 1989, this court affirmed the judgment of the trial court in State v. Jimmy Jones, Jr., Sumner County No. 88-58-III (Tenn. Crim. App., Nashville, January 11, 1989) per. app. denied (Tenn. 1989). |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Darrell Wentzel
On December 6, 1996, a W illiamson County jury convicted Appellant, Darrell Wentzel, of two counts of aggravated robbery, one count of aggravated burglary, and one count of aggravated kidnapping. After a sentencing hearing on January 31, 1997, Appellant was sentenced to twelve years for each count of aggravated robbery, twelve years for aggravated kidnapping, and six years for aggravated burglary, with all sentenc es to be served concurrently. On February 18, 1997, Appellant filed a motion for judgment of acquittal or, in the alternative, a motion for a new trial, claiming that the evidence was insufficient for a conviction, that the aggravating kidnapping conviction should be dismissed because it was incidental to the robbery, that several of the trial court’s evidentiary rulings were erroneous, and that the trial court had misapplied enhancement factors to arrive at maximum sentences on all four convictions. The trial court denied the motion. Appellant challenges both his convictions and his sentence, raising the following issues: 1) whether the trial court comm itted plain error by adm itting the in-court identification of the Appellant by Mary Ethel Veach; 2) whether there was sufficient evidence to corroborate the accomplice testimony of Edward Mitchem; 3) whether Appellant’s convictions for two counts of aggravated robbery constituted dou ble jeopardy; 4) whether the trial court correctly rejected Appellant’s argument that he could not be convicted of aggravated kidnapping because it was only incidental to the robbery; 5) whether the trial court correctly sentenced the Appellant. After a review of the record, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee vs. Troy R. Walls
A Rutherford County grand jury indicted defendant for aggravated rape, two counts of aggravated sexual battery, and rape of a child for incidents involving his young female cousin. A negotiated plea agreement allowed defendant to plead to one count of rape, a Class B felony, and one count of incest, a Class C felony. The agreed upon sentences were eight years for rape and three years for incest to be served consecutively as a Range I, standard offender. The sole issue on appeal is the trial court’s denial of alternative sentencing. However, plain error dictates that the convictions be VACATED and the case REMANDED for further proceedings. The defendant pled guilty to incest which is neither a lesser included nor a lesser grade of child rape; nor do the acts of the defendant constitute the crime of incest. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee vs. Tony Randall Arnold
The defendant, Tony Randall Arnold, appeals as of right his conviction by a Benton County jury of simple assault, a Class B misdemeanor. See Tenn. Code Ann. § 39-13-101(a)(3). The trial court sentenced the defendant to six (6) months in jail to be served at 75%. The sole issue for appeal is whether the trial court properly sentenced the defendant. |
Benton | Court of Criminal Appeals | |
State of Tennessee v. Carolyn Strickland
The Petitioner, Carolyn Strickland, appeals the order of the Jackson County Criminal Court dismissing her petition for post-conviction relief. In her sole issue on appeal, Petitioner argues she was incompetent to stand trial due to the medication she was taking during the trial and was, therefore , denied her right to due process and a fair trial. Petitioner was convicted of first degree murder and received a sentence of life imprisonment in the Jackson County Criminal Court. The conviction was affirmed on appeal. State v. Carolyn Strickland, No. 01C01-9212-CR-00390, Jackson County (Tenn. Crim. App., at Nashville, March 23, 1995), perm. to appeal denied, (Tenn. 1995). Following the denial of her permission to appeal, she filed a petition for post-conviction relief. In post-conviction proceedings, the pe titioner bears the burden of proving the allegations raised in the petition by clear and convincing evidence. Tenn. Code Ann. § 40-30-210(f). Moreover, the trial court’s findings of fact are conclusive on appeal unless the evidence preponderates against the judgment. Tidwell v. State, 922 S.W.2d 497, 500 (Tenn. 1996); Campbell v. State, 904 S.W.2d 594, 596 (Tenn. 1995); Cooper v. State, 849 S.W.2d 744, 746 (Tenn. 1993). As the evidence does not preponderate against the findings of the trial court, we affirm the trial court’s dismissal of the petition. |
Jackson | Court of Criminal Appeals | |
State vs. Kessler
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Blount | Court of Criminal Appeals | |
Wright vs. State
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Hamilton | Court of Criminal Appeals | |
State vs. Alvin Robinson
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Shelby | Court of Criminal Appeals | |
State vs. Joe Ivy
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Shelby | Court of Criminal Appeals | |
State vs. Andrew Ewing
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Shelby | Court of Criminal Appeals | |
State vs. Tyrone Sain
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Hardeman | Court of Criminal Appeals | |
State vs. Tyrone Sain
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Hardeman | Court of Criminal Appeals | |
State vs. James Hunt
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Crockett | Court of Criminal Appeals | |
State vs. James Cole
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Madison | Court of Criminal Appeals | |
State vs. Lloyd/Debra Ferrell
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Hardin | Court of Criminal Appeals | |
Barry Wells vs. Ron Rickard
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Lauderdale | Court of Criminal Appeals | |
State vs. Reco Douglas
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Shelby | Court of Criminal Appeals | |
State vs. Turner Williams
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Davidson | Court of Criminal Appeals | |
State vs. Franklin
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Knox | Court of Criminal Appeals | |
Gene Crank vs. State
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Davidson | Court of Criminal Appeals |
