Harold D. Doss, Jr., And Johnathan Lamar Hathaway v. State of Tennessee
Harold D. Doss, Jr., and Johnathan Lamar Hathaway filed separate petitions for post-conviction relief. Because Petitioners were tried together, the post-conviction court conducted a single post-conviction hearing and denied relief as to both Petitioners. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Waynard Quartez Winbush
Defendant, Waynard Quartez Winbush, was convicted of various drug offenses and sentenced to an effective sentence of twenty-three years. On appeal, Defendant argues that: (1) he received ineffective assistance of counsel; (2) the trial court erred by failing to sever prejudicial offenses; (3) the trial court erred by failing to grant a new trial based on prosecutorial misconduct; (4) the trial court erred by failing to include lesser-included offenses in the jury instructions; (5) the trial court erred by failing to grant a new trial based on newly discovered evidence; (6) the trial court erred by failing to dismiss the case based on a violation of Defendant’s right to a speedy trial; (7) the trial court erred by failing to grant a new trial after failing to rule on Defendant’s pretrial motions; (8) the trial court erred by allowing the State to improperly introduce evidence; (9) the trial court erred by failing to grant a new trial based on witness perjury; (10) the evidence was insufficient to sustain the convictions; (11) the trial court erred by instructing the jury on the lesser-included offense of simple possession for conspiracy; and (12) the trial court erred by failing to grant a new trial based on cumulative errors. After conducting a full review of the record, we determine that Defendant is entitled to relief from his convictions for conspiracy in Counts 3 and 4 because the instructions given to the jury did not match the charges in the presentment, and we vacate Defendant’s convictions as to those counts. As to the remaining arguments, we find Defendant is not entitled to relief. Consequently, we reverse the judgments of the trial court in part and affirm the judgments in part. |
Knox | Court of Criminal Appeals | |
Willie James Bradley v. State of Tennessee
The Petitioner, Willie James Bradley, appeals from the Hamilton County Criminal Court’s summary denial of his petition for |
Hamilton | Court of Criminal Appeals | |
Reginald D. Tumlin v. State of Tennessee
A Hamilton County jury convicted the Petitioner, Reginald D. Tumlin, of two counts of child abuse, one count of criminally negligent homicide, and one count of aggravated child neglect. On appeal, this court affirmed the convictions. State v. Reginald D. Tumlin, No. E2013-01452-CCA-R3-CD, 2014 WL 7073752, at *1 (Tenn. Crim. App., at Knoxville, Dec. 15, 2014), perm. app. denied (Tenn. May 14, 2015). The Petitioner timely filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. The Petitioner maintains on appeal that his attorneys’ representation was deficient and he was prejudiced by the deficiencies. After review, we affirm the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
Carlos Smith v. State of Tennessee
The Petitioner, Carlos Smith, filed a petition for post-conviction relief in the Shelby County Criminal Court, seeking relief from his convictions of two counts of attempted second degree murder, one count of aggravated robbery, one count of especially aggravated burglary, one count of employing a firearm during the commission of a dangerous felony, two counts of aggravated assault, and one count of being a felon in possession of a handgun and resulting effective sentence of one hundred twenty years. After an evidentiary hearing, the post-conviction court denied relief, and this court affirmed the denial except for one issue: whether trial counsel were ineffective for failing to advise the Petitioner that he was a career offender, which resulted in his rejecting a plea offer. Regarding that issue, this court remanded the case to the post-conviction court because that court failed to making any findings. Upon remand, the post-conviction court concluded that the Petitioner was not entitled to relief. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel because his trial attorneys failed to inform him of his career offender status. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Mateem Hudson v. State of Tennessee
The Petitioner, Mateem Hudson, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his conviction of second degree murder and resulting sentence of twenty-three years in confinement. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the postconviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Carl S. Dixon
Defendant, Carl S. Dixon, was indicted by the Washington County Grand Jury for aggravated assault. Following a jury trial, Defendant was convicted of reckless aggravated assault. Following a sentencing hearing, the trial court sentenced Defendant to serve two years, to be suspended on probation, and ordered Defendant to pay the victim $600 in restitution at the rate of $25 per month. Defendant’s sole issue on appeal is whether the trial court’s order of restitution was proper when Defendant’s only source of income was Social Security Supplemental Security Income. Having reviewed the record and the applicable authority, we affirm the judgment of the trial court. |
Washington | Court of Criminal Appeals | |
Anthony James Zonneville v. State of Tennessee
Petitioner, Anthony James Zonneville, appeals the denial of his petition for post-conviction relief. Following a jury trial, Petitioner was convicted of possession with intent to sell or deliver .5 grams or more of cocaine in a drug free zone and simple possession of alprazolam. 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 | |
George Oviasojie v. State of Tennessee
The petitioner, George Oviasojie, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel prior to and during his guilty plea hearing. Upon our review of the record, arguments of the parties, and pertinent authorities, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Quintavious Montez Patton and Donte R. Swanier
A Davidson County jury convicted Quintavious Montez Patton of first degree felony murder, voluntary manslaughter, attempted especially aggravated robbery, and attempted aggravated robbery. The jury convicted Donte Ricardo Swanier of first degree felony murder, attempted especially aggravated robbery, and attempted aggravated robbery. The trial court sentenced both Defendants to effective sentences of life in prison. On appeal, Defendant Patton: (1) challenges the trial court’s admission of video evidence; (2) claims his right to a speedy trial was violated; and (3) seeks relief based upon the cumulative effect of the trial court’s errors. Defendant Swanier appeals the trial court’s admission of: (1) rap music; (2) Facebook posts; and (3) prior bad acts. After review, we affirm the trial court’s judgments. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Antoine Hinton
A Shelby County Criminal Court Jury convicted the Appellant, Antoine Hinton, of first degree felony murder; especially aggravated kidnapping, a Class A felony; aggravated kidnapping, a Class B felony; employing a firearm during the commission of a dangerous felony, a Class C felony; and reckless aggravated assault, a Class D felony, and he received an effective sentence of life plus twenty-eight years in confinement. On appeal, the Appellant contends that the trial court committed reversible error by failing to instruct the jury as provided by State v. White, 362 S.W.3d 559 (Tenn. 2012), and that the evidence is insufficient to support his murder conviction because the underlying felony was complete at the time of the victim’s death. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the Appellant’s convictions and his total effective sentence of life plus twenty-eight years but remand the case to the trial court for amendment of the judgments to reflect that the Appellant’s conviction of aggravated kidnapping in count three is merged into his conviction of especially aggravated kidnapping in count two and for correction of the judgments regarding concurrent and consecutive sentencing. |
Shelby | Court of Criminal Appeals | |
Tanya Nicole Slimick v. State of Tennessee
A Williamson County jury convicted the Petitioner, Tanya Nicole Slimick, of first degree premeditated murder. The Petitioner appealed, challenging the sufficiency of the evidence, numerous aspects of the jury instructions, and the State’s use of a demonstrative aid during closing argument. This court affirmed the Petitioner’s convictions. State v. Tanya Nicole Slimick, No. M2014-00747-CCA-R3-CD, 2015 WL 9244888, at *1 (Tenn. Crim. App., at Nashville, Dec. 17, 2015), perm. app. denied (Tenn. Apr. 6, 2016). The Petitioner filed a post-conviction petition alleging that her trial counsel was ineffective. In an amended petition, she added claims challenging the jury instructions and asserting prosecutorial misconduct. Thereafter, the Petitioner abandoned her claims as to ineffective assistance of counsel, and the State filed a motion to dismiss the petition. After a hearing, the post-conviction court dismissed the petition, finding that the remaining allegations had either been waived or previously determined on appeal. On appeal, the Petitioner maintains her challenge to the trial court’s failure to properly charge the jury and assertion of prosecutorial misconduct. For the first time on appeal, she argues that a juror violated the trial court’s instruction not to communicate via social media during the trial. After review, we affirm the post-conviction court’s judgment. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Stevie Williamson
The Defendant, Stevie Williamson, was convicted by a Shelby County Criminal Court jury of attempt to commit second degree murder, a Class B felony; employing a firearm during the commission of a dangerous felony, a Class C felony; unlawful possession of a handgun by a convicted felon, a Class C felony; and reckless endangerment, a Class E felony. See T.C.A. §§ 39-12-101 (2018) (criminal attempt), 39-13-210 (2018) (second degree murder), 39-17-1324 (2018) (employment of a firearm), 39-17-1307 (2018) (firearm possession by a convicted felon), 39-13-103 (2018) (reckless endangerment). The trial court sentenced the Defendant to consecutive terms of twenty years for attempted second degree murder, fifteen years and twelve years for the firearm convictions, and six years for reckless endangerment, for an effective fifty-three-year sentence. On appeal, the Defendant contends that the trial court erred (1) by admitting evidence of the Defendant’s previous convictions and (2) by imposing consecutive service of the sentences. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Dondre Johnson v. State of Tennessee
The Petitioner, Dondre Johnson, was convicted of first degree felony murder and received a life sentence. He filed a post-conviction petition, asserting that he received ineffective assistance of counsel because his trial counsel did not file a motion to suppress the evidence stemming from his seizure. After a thorough review of the record, we affirm the post-conviction court’s judgment denying relief. |
Shelby | Court of Criminal Appeals | |
Samuel Gregory Dorsey v. State of Tennessee
The Petitioner, Samuel Gregory Dorsey, filed a post-conviction petition seeking relief from his conviction of attempted aggravated sexual battery, alleging that his trial counsel was ineffective and that his guilty plea was not knowingly and voluntarily entered. The post-conviction court denied the petition, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Tyran Rollins
A jury convicted the Defendant, Tyran Rollins, of aggravated robbery, and he was sentenced to serve eight and a half years in prison. The Defendant appeals his conviction, asserting that the evidence is insufficient to support the verdict and that the composition of the jury violated his constitutional rights. We conclude that the evidence is sufficient to support the verdict and that the issue regarding the composition of the jury has been waived. The judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Toscar Smith
The Defendant, Toscar Smith, appeals from the Shelby County Criminal Court’s revocation of his nine-year probationary sentence for his conviction for aggravated assault. The Defendant contends that the trial court erred in ordering his sentence into execution. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Van Garrett
Defendant, Jeffrey Van Garrett, was charged with one count of possession of oxycodone, a Schedule II substance, with intent to sell or deliver. Defendant filed a motion to suppress, which was denied by the trial court. Thereafter, Defendant entered into a negotiated plea agreement under Rule 11(c) of the Tennessee Rules of Criminal Procedure, in which he pled guilty to the charge with an agreed four-year sentence as a Range I offender to be served on probation. Defendant attempted to reserve three certified questions of law under Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure, challenging the trial court’s denial of the motion to suppress. After review, we conclude that this Court does not have jurisdiction to address the certified questions because the certification did not meet the requirements of State v. Preston, 759 S.W.2d 647 (Tenn. 1988). The appeal is, therefore, dismissed. |
Monroe | Court of Criminal Appeals | |
Jeffrey McCoy v. State of Tennessee
The Petitioner, Jeffrey McCoy, pleaded guilty to theft of property valued at $10,000 or more and one count of burglary of a building other than a habitation. The trial court imposed a twelve-year effective sentence to be served consecutively to a previous sentence in South Carolina. The Petitioner appeals the post-conviction court’s summary dismissal of his pro se petition for post-conviction relief. The Petitioner maintains that the post-conviction court erred in finding that the petition was barred by the statute of limitations. The State concedes error. After a review of the record and applicable law, we reverse the judgment of the post-conviction court and remand for appointment of counsel and further proceedings consistent with the Post-Conviction Procedure Act. |
Gibson | Court of Criminal Appeals | |
William Boatwright v. State of Tennessee
The Petitioner, William Boatwright, appeals from the Knox County Criminal Court’s denial of his petition for post-conviction relief from his especially aggravated robbery, aggravated robbery, aggravated burglary, and two aggravated assault convictions, for which he is serving a forty-seven-year sentence. The Petitioner contends that he received the ineffective assistance of counsel. We conclude that the Petitioner received the ineffective assistance of counsel, reverse the judgment of the post-conviction court, and remand this case for a limited motion for a new trial regarding the sufficiency of the evidence issues addressed in the appeal. |
Knox | Court of Criminal Appeals | |
William Boatwright v. State of Tennessee - concurring in part and dissenting in part
I concur with the majority opinion in its analysis that Petitioner was denied effective assistance of counsel. Petitioner’s counsel failed to raise specific issues regarding the lack of sufficient evidence to sustain two convictions, and the issues had merit. However, I disagree with the majority opinion’s conclusion as to the relief to which Petitioner is entitled. This is a unique post-conviction case. I am unable to recall ever before reviewing an appeal wherein the petitioner is entitled to post-conviction relief because, following a thorough review of the evidence at trial taken in the light most favorable to the State, it is clearly shown that the evidence was insufficient to sustain the convictions of especially aggravated robbery of one victim and aggravated robbery of another victim. Petitioner’s counsel failed to make the appropriate argument for judgment of acquittal at the close of the State’s case and failed to argue the issue in the direct appeal to this court. That failure established deficient performance. The review of the evidence at trial, the result of which is stated above, clearly established prejudice to Petitioner as a result of counsel’s deficient performance. Reversing the judgment of the post-conviction court is appropriate. However, remanding the matter to the trial court for Petitioner to have the opportunity to file a motion for new trial denies Petitioner the relief to which he is entitled. As will be discussed herein, it may also be in violation of Petitioner’s constitutional rights to be protected from double jeopardy. |
Knox | Court of Criminal Appeals | |
Mark A. Crites v. State of Tennessee
A Williamson County jury convicted the Petitioner, Mark A. Crites, of aggravated robbery, and the trial court sentenced him as a multiple offender to twelve years of incarceration. The Petitioner appealed, and this court affirmed the conviction and sentence. See State v. Mark A. Crites, No. M2014-00383-CCA-R3-CD, 2015 WL 3508042 (Tenn. Crim. App., at Nashville, June 4, 2015), perm. app. denied (Tenn. Sept. 17, 2015). The Petitioner filed a post-conviction petition, claiming he received the ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. The Petitioner appeals the denial, maintaining that his counsel was ineffective. After review, we affirm the post-conviction court’s judgment. |
Williamson | Court of Criminal Appeals | |
Carey R. Faught v. State of Tennessee
The Petitioner, Carey R. Faught, appeals from the Knox County Criminal Court’s denial of his petition for post-conviction relief from his jury trial convictions of aggravated burglary, employing a firearm during a dangerous felony, reckless endangerment, two counts of attempted aggravated robbery, and two counts of especially aggravated robbery, and his effective forty-eight-year sentence. He contends that the post-conviction court erred in denying relief on his claim that he received the ineffective assistance of counsel because counsel failed to challenge an impermissibly suggestive photograph lineup. We affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Carrington Owens
The Defendant, Carrington Owens, was convicted by a Montgomery County Circuit Court jury of four counts of rape of a child, a Class A felony; twenty-three counts of especially aggravated sexual exploitation of a minor, a Class B felony; and twelve counts of aggravated sexual battery of a child less than thirteen years of age, a Class B felony. See T.C.A. §§ 39-13-522 (Supp. 2007, 2010, Supp. 2011) (rape of a child), 39-17-1005 (2006) (subsequently amended) (especially aggravated sexual exploitation of a minor), 39-13-504 (2018) (aggravated sexual battery). He is serving an effective thirty-seven-year sentence for his convictions. On appeal, he contends that the trial court erred in denying his motion to suppress evidence from a search of his home and that he was denied the right to confront his accuser face-to-face. We affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
William Matney Putman v. State of Tennessee
Over twenty-five years ago, William Matney Putman, Petitioner, pled guilty to first-degree felony murder, attempted robbery, and aggravated robbery. He was sentenced to an effective sentence of life without the possibility of parole. See William Matney Putman v. State, No. E2004-02192-CCA-R3-CD, 2005 WL 1996634, at *1 (Tenn. Crim. App. Aug. 18, 2005), perm. app. denied, (Tenn. Dec. 19, 2005) (“Putman I”). The postconviction court summarily dismissed Petitioner’s second petition for post-conviction relief. After review, we affirm pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Carter | Court of Criminal Appeals |
