State of Tennessee v. Michael Wright
In a sealed indictment, the Defendant-Appellant, Michael Wright, was charged by a Davidson County grand jury with alternative counts of first-degree premeditated murder and murder in the perpetration of or attempt to perpetrate a robbery of Gregory “Pee Wee” Johnson (counts one and two), and first-degree premeditated murder of Daresha Cole (count three). A petite jury convicted the Defendant as charged of felony murder in count one and first-degree premeditated murder in count three, for which he received consecutive sentences of life imprisonment. In this appeal as of right, the Defendant raises the following issues for our review: (1) whether the trial court erred in denying the Defendant’s motion to dismiss based on a violation of the Interstate Compact on Detainers (ICD); (2) whether the trial court erred in denying the Defendant’s motion to sever offenses; (3) whether the trial court erred in admitting the Defendant’s social media posts; (4) whether the evidence is sufficient to sustain the Defendant’s convictions; and (5) whether the trial court erred in imposing consecutive sentencing. Following our review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jeremy Reynolds
The Defendant, Jeremy Reynolds, appeals his Hamilton County Criminal Court jury conviction for first degree premeditated murder. See Tenn. Code Ann. § 39-13-202. On appeal, the Defendant argues that (1) the evidence was insufficient to support his conviction; (2) the trial court erred by admitting evidence that the Defendant and other individuals were gang members in violation of Tennessee Rules of Evidence 403 and 404(b); (3) exculpatory evidence, namely the victim’s gunshot residue test and a photograph referenced by the gang report, were improperly withheld by the State; (4) the trial court erred by failing to compel the State to produce the above-referenced gunshot residue test and photograph; and (5) the cumulative effect of these errors deprived the Defendant of a fair trial. After a thorough review of the record and applicable law, we conclude that the evidence is insufficient relevant to premeditation and that some of the evidence relative to gangs was improperly admitted. We remand for a new trial on one count of second degree murder, in which some gang evidence shall be excluded. |
Hamilton | Court of Criminal Appeals | |
Pedro Ignacio Hernandez v. State of Tennessee
The Petitioner, Pedro Ignacio Hernandez, appeals the post-conviction court’s summary dismissal of his post-conviction petition without a hearing to determine whether due process dictates the tolling of the statute of limitations. The State concedes that the |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Charles Bernard Griffin
The Defendant, Charles Bernard Griffin, appeals his convictions for especially aggravated robbery and possession of a firearm while having a prior felony conviction involving the use or attempted use of force, violence, or a deadly weapon, for which he received an effective sentence of seventy-five years as a career offender. On appeal, the Defendant challenges the sufficiency of the evidence and the trial court’s denial of his motion to bifurcate the trial. We affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Adonis Reynolds
The Appellant, Adonis Reynolds, pled guilty in the Knox County Criminal Court to two counts of burglary of a vehicle, one count of fraudulent use of a credit card, two counts of theft, and one count of evading arrest. Pursuant to the plea agreement, he received an effective three-year sentence in the Tennessee Department of Correction (TDOC). The trial court granted the Appellant judicial diversion and placed him on supervised probation for three years. Subsequently, the trial court revoked his probation and his judicial diversion and ordered that he serve his effective three-year sentence in confinement. On appeal, the Appellant contends that the trial court abused its discretion by revoking his probation and judicial diversion. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Mario Johnson
The Appellant, Mario Johnson, appeals the trial court’s summary denial of his motion to correct an illegal sentence. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Samuel O. McAlister
The Defendant, Samuel McAlister, entered a partially open guilty plea in case number 18-501 for possession of marijuana, possession of a firearm by a convicted felon, and possession of drug paraphernalia; and in case number 18-956, for driving on a revoked license, failing to illuminate his license plate, and violation of the financial responsibility law. The trial court sentenced the Defendant to a total effective sentence of five years in the Tennessee Department of Correction. On appeal, he argues that the trial court abused its discretion by denying his request for alternative sentencing. Upon review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Joseph Lester Haven
The Defendant, Joseph Lester Haven, was convicted pursuant to a bench trial of rape of a child and two counts of aggravated sexual battery for crimes committed against his stepchildren, and he received an effective forty-year sentence. On appeal, he asserts that the State failed to establish venue, that the evidence was insufficient to support the verdicts, that the State improperly failed to elect the factual bases of the convictions, that the trial court improperly considered evidence of other bad acts included in the forensic interviews, that the forensic interviewer was not qualified under statute, and that the trial court erred in applying enhancement factors to his offenses. Upon a review of the record, we conclude that the State failed to establish venue for the aggravated sexual battery conviction in Count 4, and we reverse this conviction and sentence and remand for any further proceedings. The Defendant has not demonstrated that he is entitled to any other appellate relief, and we affirm the remaining judgments of the trial court. |
Obion | Court of Criminal Appeals | |
Cuben Lagrone v. State of Tennessee
The petitioner, Cuben Lagrone, 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 review, we affirm the denial of the petition. |
Knox | Court of Criminal Appeals | |
Christopher Bailey v. State of Tennessee
Petitioner, Christopher Bailey, appeals the denial of his petition for post-conviction relief. Following a jury trial, Petitioner was convicted of one count of rape of child and sentenced to twenty-five years at one-hundred percent. Petitioner contends on appeal that the |
Shelby | Court of Criminal Appeals | |
Reginald McWilliams v. State of Tennessee
The Petitioner, Reginald McWilliams, acting pro se, appeals from the Shelby County Criminal Court’s denial of post-conviction relief for failure to prosecute on the part of the Petitioner. Because the record does not establish an abuse of process, we reverse the judgment of the post-conviction court and remand this matter for proceedings consistent with this opinion |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Juan Ramon Chaves-Abrego
A Maury County Circuit Court Jury convicted the Appellant, Juan Ramon Chaves-Abrego, of rape of a child, a Class A felony, and the trial court sentenced him to thirty years to be served at one hundred percent. On appeal, the Appellant contends that the evidence is insufficient to support the conviction, that the admission of the victim’s forensic interview into evidence violated his right to confrontation, that the trial court erred by allowing proof of other bad acts, that cumulative error requires reversal of his conviction, and that his sentence is excessive. Based upon the record and the parties’ briefs, we conclude that the evidence is sufficient to support the conviction, that the Appellant’s sentence is not excessive, and that his remaining issues have been waived because his motion for new trial was untimely. Accordingly, we affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Samantha Darlene Brewer
Following a revocation hearing, the trial court revoked the probation of Defendant, Samantha Darlene Brewer, and ordered confinement for her sentence. On appeal, Defendant alleges the trial court abused its discretion and requests split confinement and furlough to substance abuse and mental health treatment courses. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Timothy Dwayne Ison, Alias
The Defendant, Timothy Dwayne Ison, alias, was convicted by a jury of first degree premeditated murder, for which he received a sentence of life imprisonment without the possibility of parole. On appeal, the Defendant argues (1) that there was insufficient evidence to support his conviction, specifically, challenging the element of premeditation, and (2) that evidence from social media posts was improperly admitted. After a thorough review of the record, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Palikna Tosiwo Tosie
The Defendant, Palikna Tosiwo Tosie, pleaded guilty to aggravated assault and reckless endangerment, and the trial court sentenced him to an effective sentence of six years to be served on probation. On appeal, the Defendant contends the trial court erred when it denied his request for judicial diversion. After review, we affirm the trial court’s judgment. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Precious Briana Horton
A jury convicted the Defendant, Precious Briana Horton, of two counts of aggravated robbery, and the Defendant pleaded guilty to one count of theft of property valued under $500. The trial court sentenced the Defendant to eight years of incarceration. On appeal, the Defendant contends that: (1) the State exercised its preemptory challenges in a discriminatory manner; (2) the trial court erred when it excluded testimony regarding the Defendant’s mental health; (3) the trial court prohibited her from offering to the jury her pretrial, out-of-court statement; and (4) the evidence is insufficient to sustain one of her aggravated robbery convictions. After review, we affirm the trial court’s judgments. |
Davidson | Court of Criminal Appeals | |
Shawn Dallas Owen v. State of Tennessee
The Petitioner, Shawn Dallas Owen, pled guilty to one count each of burglary, identity theft, credit card fraud, forgery, simple possession of marijuana, and driving on a revoked license. The Petitioner was given a total effective sentence of fourteen years to be served on supervised probation. Upon being served with a warrant alleging the Petitioner violated his probation, he subsequently filed a petition seeking post-conviction relief from his guilty plea, alleging, among other things, that trial counsel was ineffective because of the failure to properly advise the Petitioner regarding the grading of the credit card fraud offense to which he was pleading guilty. The Petitioner appeals the postconviction court’s denial of relief. Following our review, we affirm. |
Knox | Court of Criminal Appeals | |
Thomas Mitchell v. State of Tennessee
The Petitioner, Thomas Mitchell, appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his conviction for burglary, for which he is serving a ten-year, Range III sentence. He contends that the post-conviction court erred in denying relief on his ineffective assistance of counsel claims that (1) counsel failed to object and to request a mistrial when a witness testified that a police officer knew the Petitioner by name, (2) counsel failed to impeach a witness with prior inconsistent statements, (3) counsel failed to call a police officer as a witness, (4) counsel stated in closing argument that a witness had given a statement to the police in which the witness said the Petitioner entered one of the buildings from which the Petitioner was alleged to have removed wiring, (5) counsel failed to state explicitly in closing argument that the jury should consider lesser included offenses, and (6) the cumulative effect of counsel’s deficient performance in multiple instances deprived the Petitioner of the effective assistance of counsel. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Zacharious Cole v. State of Tennessee
The Petitioner, Zacharious Cole, appeals from the order of the Madison County Circuit Court denying post-conviction relief from his jury convictions of attempted first-degree murder, especially aggravated robbery, and employing a firearm during the commission of a dangerous felony, for which he received an effective term of twenty-six years’ imprisonment. Following an evidentiary hearing, the |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Rodney Miller
A Shelby County Jury found Defendant, Rodney Miller, guilty of rape of a child, aggravated statutory rape, and aggravated sexual battery. The trial court imposed a sentence of thirty-six years for rape of a child, four years for aggravated statutory rape, and ten years for aggravated sexual battery to be served consecutively in confinement. On appeal, Defendant raises the following issues: (1) whether the evidence was sufficient to support his conviction for rape of a child; (2) whether the trial court properly admitted the victim’s medical history provided during her SANE examination; (3) whether the trial court properly denied Defendant’s motion for a bill of particulars; (4) whether the trial court erred by failing to merge Defendant’s conviction for aggravated sexual battery into his conviction for rape of a child; (5) whether the trial court erred by ordering consecutive sentences; and (6) cumulative error. Upon reviewing the record and the applicable law, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marcus Sturghill, III
A jury convicted Defendant, Marcus Sturghill III, of two counts of aggravated robbery, and he received an eight-year sentence. Defendant was seventeen at the time he committed the crimes, and he gave a statement to law enforcement outside the presence of his parents, confirming that he had possession of a firearm on the date of the robbery. Defendant appeals the trial court’s denial of his motion to suppress his statement to police. We conclude that the trial court did not err in admitting the statement, and we affirm the convictions. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Justin L. Kiser
The Defendant, Justin L. Kiser, was convicted by a Union County Criminal Court jury of five counts of especially aggravated kidnapping, a Class A felony. See T.C.A. § 39-13- 305 (2018). On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions; (2) the trial court erred by not requiring the State to show its good faith efforts to locate a missing witness before declaring that witness unavailable for trial; and (3) the trial court erred by sentencing the Defendant to twenty-one years’ confinement. We affirm the judgments of the trial court. |
Union | Court of Criminal Appeals | |
State of Tennessee v. DeMorris McKenzie
Defendant, DeMorris McKenzie, was indicted by the Knox County Grand Jury for one count of being a felon in possession of a firearm, one count of first degree premeditated murder, and one count of driving on a revoked license. Following a jury trial, Defendant was convicted as charged on all three counts. Following a sentencing hearing, Defendant was sentenced to life imprisonment for his first degree murder conviction. He was sentenced to serve two years for his firearm conviction and six months for his driving on a revoked license conviction. Those sentences were ordered to run concurrently with his life sentence. In this appeal as of right, Defendant contends that: 1) the trial court erred by allowing a witness to testify as to what she observed in security video footage of the apartment complex where the shooting occurred; 2) the evidence at trial was insufficient to support Defendant’s conviction for first degree murder; and 3) Defendant is entitled to relief under the cumulative error doctrine. Having reviewed the entire record and the briefs of the parties, we find no reversible error and affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Brian Keith Capps
Defendant, Brian Keith Capps, was charged in four separate indictments with two counts of possession with intent to sell over 0.5 grams of methamphetamine within 1,000 feet of a school; three counts of sale of over 0.5 grams of methamphetamine within 1,000 feet of a school; two counts of possession of drug paraphernalia; one count of possession with intent to sell Oxycodone; one count of driving on a revoked license; one count of violation of the registration law; and one count of tampering with evidence. Defendant pleaded guilty to one count of possession with intent to sell over 0.5 grams of methamphetamine and two counts of sale of methamphetamine in a drug-free zone. All of the remaining counts were dismissed. Defendant received concurrent sentences of eight years to be served at 100 percent for each of his sale of methamphetamine convictions. He was sentenced to eight years to be served at 30 percent for his possession with intent to sell methamphetamine conviction, which was ordered to be served consecutively to his other sentences, for a total effective sentence of 16 years with 8 years to be served at 100 percent. Defendant sought to withdraw his guilty pleas. Following an evidentiary hearing, the trial court denied Defendant’s motion. Defendant appeals. Having reviewed the record and the briefs of the parties, we affirm the judgment of the trial court denying the motion to withdraw the guilty pleas. However, there are clerical errors in the judgments in case number 26162. The judgments show a 30 percent release eligibility. The plea agreement was for 100 percent service of the sentence. The trial court must enter corrected judgments upon remand. |
Maury | Court of Criminal Appeals | |
Robert Nelson Buford, III v. State of Tennessee
Petitioner, Robert Nelson Buford, III, appeals the denial of his petition for post-conviction relief. Following a jury trial, Petitioner was convicted of facilitation of felony murder and facilitation of attempted especially aggravated robbery. The convictions were affirmed on direct appeal. State v. Robert Nelson Buford, III, No. M2011-00323-CCA-R3-CD, 2013 WL 375424, at *1-6 (Tenn. Crim. App. Jan. 31, 2013). Petitioner contends on appeal that the trial court erred in denying the petition for post-conviction relief because he was denied effective assistance of counsel. Following a review of the briefs and the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals |
