State of Tennessee v. Johnathan V. Duncan
Jonathan Duncan, Defendant, was indicted for first degree murder, felony murder, and aggravated robbery by the Wilson County Grand Jury for his involvement in the death of Ellis Sanders, the victim. After a jury trial, he was found guilty on all counts and sentenced to an effective sentence of life imprisonment. After the denial of a motion for new trial, Defendant appeals, arguing: 1) the evidence was insufficient to support the convictions; 2) Defendant’s right to a fair and impartial jury was violated because jurors slept during trial, the trial court required the jury to work “extensive and unreasonable hours,” and the trial court interfered with the jury by holding ex parte meetings; and 3) the trial court erred in allowing the State to present evidence of uncharged bad acts in violation of Tennessee Rule of Evidence 404(b). After a thorough review, we affirm the judgments of the trial court but remand the matter to the trial court for entry of corrected judgment forms to reflect merger of the first degree murder and felony murder convictions. |
Wilson | Court of Criminal Appeals | |
Harry Raymond Coleman, Jr. v. State of Tennessee
A Shelby County jury convicted the Petitioner, Harry Raymond Coleman, Jr., of second degree murder, among other offenses. The trial court sentenced him to an effective eighteen-year sentence in the Tennessee Department of Correction. Thereafter, the Petitioner filed a post-conviction petition asserting that he was denied the effective assistance of counsel at his trial. More specifically, the Petitioner argued that his trial counsel failed to adequately investigate and present a mental health defense centered around his post-trial diagnosis of Bipolar I disorder. He also claimed that trial counsel failed to call witnesses who would have supported his claim of self-defense. After a hearing, the post-conviction court denied relief, and the Petitioner appealed. Upon our review, we respectfully affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
G'Andre Fields v. State of Tennessee
Petitioner, G’Andre Fields, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in denying his claim that he received the ineffective assistance of counsel because trial counsel failed to file a motion to suppress Petitioner’s DNA. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Bobby V. Summers
The Defendant, Bobby V. Summers, appeals the trial court’s summary dismissal of his motion to correct an illegal sentence. The record and the Defendant’s brief have been filed. For the reasons stated below, the Court hereby suspends the requirement of a responsive brief by the State and affirms the trial court’s order pursuant to Court of Criminal Appeals Rule 20. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Alexander Friedmann
A Davidson County jury convicted the defendant, Alexander Friedmann, of vandalism of property over $250,000, for which he received a sentence of forty years in confinement at 35%. On appeal, the defendant contends (1) the indictment is unconstitutionally vague and overbroad; (2) the trial court erred in admitting evidence of the costs to rekey the jail and review surveillance footage; (3) the trial court erred in denying a motion to suppress the product of a judicial subpoena; (4) the evidence presented at trial was insufficient to support his conviction; (5) the State failed to timely provide evidence to which the defendant was entitled; (6) improper argument by the State affected the verdict; (7) the trial court imposed an excessive sentence; (8) the trial court erred in denying the defendant’s motion for a reduced sentence; and (9) cumulative error deprived the defendant of a fair trial. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael Denver Richardson
A Davidson County jury convicted the Defendant, Michael Denver Richardson, as charged of first degree premeditated murder, and he was sentenced to life imprisonment. On appeal, the Defendant argues: (1) the trial court improperly admitted four of his prior convictions for impeachment purposes; (2) the trial court erred in admitting certain evidence at trial; (3) the trial court erred in denying his motion for judgment of acquittal; (4) the trial court erred in denying jury instructions on self-defense and defense of another; and (5) cumulative error requires reversal of his conviction. After review, we affirm the trial court’s judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Matthew Saunders
The Defendant, Matthew Saunders, appeals from the trial court’s revocation of judicial diversion and entry of judgments of conviction in two cases. Specifically, he contends that the trial court abused its discretion in finding that he violated the terms of his diversion by failing to timely disclose multiple social media accounts when he registered as a sex offender. After review, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Brent Paul Moon
The Defendant, Brent Paul Moon, appeals the trial court’s revocation of his effective three-year probationary sentence for felony evading arrest, simple possession of methamphetamine, and driving on a revoked license. On appeal, the Defendant argues that his right to a speedy trial was violated and, as such, the probation violation should be dismissed. Next, he contends that the trial court erred by admitting hearsay statements at the revocation hearing because no “good cause” existed for the statements’ entry and that the statements were not reliable. Lastly, he claims the trial court erred by revoking his probation and running the revocation sentence consecutively to the sentence for his new criminal convictions. After review, we affirm the judgments of the trial court but remand for correction of a clerical error on the Defendant’s judgment form for simple possession of methamphetamine. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Dana Kelly Teasley
In 2024, the Defendant, Dana Kelly Teasley, pleaded guilty to eighteen counts of theft and fraud-related charges, and the trial court sentenced her to an effective sentence of twelve years of probation. On appeal, the Defendant asserts that the trial court erred when it imposed consecutive sentences. After review, we affirm the trial court’s judgments. |
Polk | Court of Criminal Appeals | |
State of Tennessee v. John Allen Hessmer
The Defendant, John Allen Hessmer, was convicted by a Smith County Criminal Court jury of possession of .5 grams or more of methamphetamine with the intent to sell or deliver, a Class B felony; possession of drug paraphernalia, a Class A misdemeanor; and driving while in possession of methamphetamine, a Class B misdemeanor. The Defendant raises the following issues on appeal: (1) whether the trial court erred in excluding photographs relating to his passenger, Natasha Jordan, in violation of the Defendant’s due process rights to present a defense; (2) whether the trial court erred in preventing a defense witness’s testimony about her knowledge of Ms. Jordan; (3) whether the trial court erred in excluding impeachment evidence relating to an arresting officer’s employment history in violation of the Defendant’s right to confront witnesses against him; (4) whether the State violated State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999), for failing to preserve the patrol vehicle video recording of the Defendant’s traffic stop; (5) whether the Defendant is entitled to a resentencing hearing due to the trial court’s admission of a video recording at sentencing of the Defendant that was not beforehand disclosed by the State; (6) whether the trial judge erred by not recusing himself; and (7) whether the cumulative effect of the various alleged errors rendered the Defendant’s trial unfair. Based on our review, we affirm the Defendant’s convictions. However, pursuant to State v. Berry, 503 S.W.3d 360, 364 (Tenn. 2015), we remand for the trial court to enter a corrected judgment in count three to reflect that the sentence imposed for the Defendant’s misdemeanor conviction of possession of methamphetamine while driving was merged into the felony possession of methamphetamine conviction in count one. |
Smith | Court of Criminal Appeals | |
Andre Bowen v. State of Tennessee
In 2019, a Shelby County jury convicted the Petitioner, Andre Bowen, of facilitation of first degree felony murder, attempted especially aggravated robbery, and possession of a firearm by a convicted felon. The trial court ordered him to serve an effective sentence of seventy-two years of incarceration. On appeal, this court affirmed his convictions and sentence. State v. Bowen, No. W2019-01210-CCA-R3-CD, 2021 WL 1400929, at *1 (Tenn. Crim. App. Apr. 13, 2021), perm. app. denied (Tenn. June 15, 2021). The Petitioner unsuccessfully sought relief pursuant to a writ of error coram nobis. Bowen v. State, No. W2022-00229-CCA-R3-ECN, 2022 WL 17408878, at *3 (Tenn. Crim. App. Dec. 5, 2022), perm. app. denied (Tenn. Mar. 8, 2023). The Petitioner then filed a petition for post-conviction relief contending that he had received the ineffective assistance of counsel. The post-conviction court dismissed the petition as untimely, and the Petitioner appeals offering multiple grounds for a due process tolling of the statute of limitations. After review, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Fernando Ballard
Defendant, Fernando Ballard, appeals the trial court’s decision to fully revoke his probation. He contends that the trial court did not have authority to fully revoke his probation because there was insufficient evidence to find that Defendant committed a non-technical violation. After review, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Clayton Nelvis (In Re: 1st Out Bonding Company)
The Defendant, Clayton Nelvis, was arrested in January 2023, and 1st Out Bonding Company secured his release by executing a bail bond as surety. After the Defendant failed to appear for his initial arraignment, the trial court issued a conditional judgment forfeiting the bail bond. After 180 days, the trial court entered a final judgment of forfeiture when the surety failed to appear for the scheduled hearing. Two weeks later, the surety moved to set aside the final judgment, asserting that it was not liable under Tennessee Code Annotated section 40-11-139(d), which relieves a surety of liability where the defendant is not timely entered into a state or federal fugitive database following a failure to appear. The trial court denied the motion, concluding that the request for relief was untimely. On appeal, the surety contends that the statute extinguished its liability and that the trial court had no authority to enter a final forfeiture. Upon our review, we respectfully disagree and affirm the trial court’s judgment. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Christopher Kenn Baker
Defendant, Christopher Kenn Baker, pleaded guilty to solicitation of a minor to commit aggravated statutory rape for which he received a sentence of two years’ confinement. On appeal, Defendant argues the trial court erred in denying judicial diversion. After review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Russell Matthew Morgan
A Monroe County jury found the Defendant, Russell Matthew Morgan, guilty of solicitation of a minor to commit aggravated statutory rape and solicitation of sexual exploitation of a minor by electronic means. On appeal, the Defendant raises three issues: (1) whether the evidence is legally insufficient to support his conviction for solicitation of sexual exploitation of a minor by electronic means; (2) whether Tennessee Code Annotated section 39-13-528 prohibits solicitation of a minor to commit aggravated statutory rape; and (3) whether the trial court erred in admitting hearsay testimony. Upon our review, we respectfully affirm the judgments of the trial court. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. James Brent Wall
The Defendant, James Brent Wall, pled guilty to the sale of a controlled substance and two counts of TennCare fraud. The trial court imposed an effective six-year sentence, which it suspended to probation. The State later alleged that the Defendant violated the conditions of his probation by refusing to submit to drug screening, failing to pay restitution, and absconding from supervision. Following a hearing, the trial court revoked the suspended sentences and ordered the Defendant to serve the remainder of his sentences in the Tennessee Department of Correction. On appeal, the Defendant contends that the trial court lacked jurisdiction to revoke his probation because the court clerk retired the case, recalled the violation warrants, and issued an alias capias. Upon our review, we agree. Accordingly, we respectfully reverse the trial court’s judgment and remand the case with instructions to dismiss the proceedings. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Tylar Scott Johnson
A Knox County jury convicted the Defendant, Tylar Scott Johnson, of four counts of rape and one count of aggravated kidnapping, for which he received an effective sentence of thirty-six years in confinement at a one hundred-percent service rate. On appeal, the Defendant contends the evidence presented at trial was insufficient to support his convictions, that improper argument by the State affected the verdict, and that the trial court erred in imposing consecutive sentencing. After review, we affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Daniel J. Dreaden
The Rutherford County Grand Jury indicted Defendant, Daniel J. Dreaden, for three counts of rape. On the State’s motion, the trial court dismissed Count 3. Defendant waived a jury trial, and following a bench trial, Defendant was convicted on the remaining two counts. The trial court sentenced Defendant to a total effective sentence of eight years, with ten months to serve and the balance to be supervised on probation. Defendant appeals his convictions, asserting 1) that his confrontation right was violated when the trial court prohibited him from cross-examining the victim, Defendant’s then-wife, about her extra-marital affair to establish her motive for the allegations of rape; and 2) that the evidence was insufficient to establish that Defendant raped the victim. We affirm the judgments of the trial court, but remand for entry of a judgment form in Count 3 to reflect dismissal of that count. |
Rutherford | Court of Criminal Appeals | |
James David Duncan v. State of Tennessee
In January 2019, the Petitioner, James David Duncan, pled guilty to possession with the intent to sell .5 grams or more of methamphetamine. The trial court sentenced the Petitioner to serve ten years and placed him on supervised probation. In January 2020, the trial court revoked the Petitioner’s probation sentence. On appeal, this court affirmed the revocation. State v. Duncan, No. E2020-00827-CCA-R3-CD, 2021 WL 3403152, at * 1 (Tenn. Crim. App. Aug. 4, 2021), perm. app. denied (Tenn. Nov. 17, 2021). In December 2021, the Petitioner filed a pro se petition for post-conviction relief that was amended with the assistance of counsel in July 2023. Following an evidentiary hearing, the trial court concluded that the Petitioner’s petition for post-conviction relief was barred by the statute of limitations. After review, we affirm the post-conviction court’s judgment. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Brendan T. Negron
The Defendant, Brendan T. Negron, appeals from his conviction for aggravated domestic assault. Specifically, he contends that evidence adduced at trial was sufficient to establish only a conviction for misdemeanor domestic assault because the barstool utilized in the assault did not constitute a deadly weapon. After review, we affirm the judgment of the trial court. |
Wilson | Court of Criminal Appeals | |
Bobby V. Summers v. State of Tennessee
Petitioner, Bobby V. Summers, appeals the Davidson County Criminal Court’s summary dismissal of his petition for writ of error coram nobis as untimely. Following our review of the entire record, briefs of the parties, and the applicable law, we affirm the judgment of the coram nobis court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael Joe Cunningham
Defendant, Michael Joe Cunningham, pled guilty in two separate cases to one count of making a false report and one count possession of twenty-six grams or more of methamphetamine. He received an effective fourteen-year community corrections sentence that was later transferred to probation. Following a hearing on a warrant for violation of his probation based on Defendant’s arrest for new offenses, the trial court revoked Defendant’s probation and ordered him to serve his original sentence incarcerated. Defendant appeals, arguing that the trial court abused its discretion by fully revoking his probation rather than ordering treatment for his drug addiction. Upon review of the record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court. |
Franklin | Court of Criminal Appeals | |
State of Tennessee v. Rex A. Martin
The defendant, Rex A. Martin, was convicted by a Rutherford County Circuit Court jury of two counts of aggravated kidnapping, two counts of aggravated assault, assault, preventing another from making an emergency call, possession of a firearm while under a court order, and possession of a firearm during the commission of a dangerous felony, for which he was sentenced to an effective term of fifteen years in the Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence as to seven of his eight convictions - aggravated kidnapping, aggravated assault, assault, preventing another from making an emergency call, and possessing a firearm during the commission of a dangerous felony. Following a thorough review of the record, the briefs, and oral arguments of the parties, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
Leavy L. Johnson v. State of Tennessee
The petitioner, Leavy L. Johnson, appeals the denial of his petition for post-conviction relief, arguing the post-conviction court erred in finding he received the effective assistance of counsel. Following our review, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
Eddie Harris v. State of Tennessee
The Petitioner, Eddie Harris, appeals the denial of his petition for post-conviction relief from his 2016 convictions of two counts of first degree premeditated murder, two counts of first degree murder in the perpetration of a robbery, and one count of possession of a handgun by a convicted felon. On appeal, the Petitioner argues the post-conviction court erred by failing to find that he received the ineffective assistance of counsel due to trial counsel’s failure to (1) present a witness in support of his defense, (2) cite favorable law during an evidentiary hearing or make an offer of proof following the trial court’s adverse ruling, and (3) object to alleged inconsistencies in the grand jury process. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals |
