State of Tennessee v. Emmanuel Deshawn Bowley
A Montgomery County jury convicted the Defendant, Emmanuel Deshawn Bowley, of conspiracy to distribute more than 300 grams of cocaine, possession of more than 300 grams of cocaine with the intent to sell, simple possession of marijuana, attempted possession of a deadly weapon during the commission of a dangerous felony, and attempted possession of illegal drug paraphernalia. The trial court ordered that the Defendant serve an effective sentence of sixteen years in the Tennessee Department of Correction. On appeal, the Defendant asserts that: (1) the trial court improperly denied his motion to sever; (2) the trial court erred when it denied his motion to suppress based on an invalid wiretap; (3) the trial court erred when it admitted evidence seized from a co-defendant; and (4) the evidence is insufficient to support his convictions. After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Jerry Reginald Burkes
Jerry Reginald Burkes, Defendant, appeals from the order of the trial court that was entered after the case was remanded for resentencing. Following the resentencing hearing, the trial court denied Defendant’s request to serve his sentence on community corrections and ordered Defendant to serve his eighteen-year sentence in incarceration. Defendant claims the trial court erred by not allowing him to introduce proof at the resentencing hearing concerning certain out-of-state convictions used by the trial court at the first sentencing hearing to establish that Defendant was a Range II offender. We affirm the trial court’s judgment. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. David Keith Walker
The Defendant, David Keith Walker, pled guilty to aggravated burglary, theft of property valued at $500 or less, burglary, vandalism, and two counts of theft of property valued at $1,000 or more. The trial court imposed a total effective sentence of fifteen years’ incarceration. On appeal, the Defendant contends that he is a suitable candidate for alternative sentencing pursuant to the statutory considerations outlined in Tennessee Code Annotated section 40-35-103. Following our review, we affirm the trial court’s denial of alternative sentencing. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Christopher Colligan
Defendant, Christopher Colligan, appeals following the trial court’s revocation of his eight-year community corrections sentence. Defendant contends that the trial court erred by failing to award sentencing credit for his time served in the community corrections program from June 27, 2014, to March 29, 2017, and from October 4, 2017, to April 27, 2018. Following a thorough review, we affirm the judgment of the trial court, as modified, and remand for entry of an amended judgment awarding sentencing credits from October 4, 2017, to April 27, 2018. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Eddie Readus
Defendant, Eddie Readus, appeals the length of his effective sentence following a resentencing hearing that was granted by the trial court in response to Defendant’s motion to correct an illegal sentence pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure (Rule 36.1). The State responds that Defendant failed to state a colorable claim for relief in his Rule 36.1 motion, and therefore, the trial court should have dismissed the motion, rather than granting a new sentencing hearing. We agree with the State. Accordingly, we reverse the judgment of the trial court granting relief pursuant to Rule 36.1, vacate the amended judgment as to the Class C felony conviction, and reinstate the original judgment. |
Bedford | Court of Criminal Appeals | |
Maurice McAllister v. State of Tennessee
The petitioner, Maurice McAllister, appeals the denial of his petition for post-conviction relief, which petition challenged his 2013 conviction of rape, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of post-conviction relief. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. Ricky Jordan
Defendant, Ricky Jordan, was convicted after a jury trial of aggravated sexual battery of a victim less than thirteen years of age and was sentenced to serve eleven years at 100 percent. On appeal, Defendant claims that the trial court committed plain error when it did not exclude evidence of other incidents of sexual contact between Defendant and the victim that occurred during the time period set forth in the indictment and that the evidence was insufficient to support his conviction. After a thorough review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Quadarious Devonta Bufford
The Defendant, Quadarious Devonta Bufford, was convicted by a Gibson County Circuit Court jury of first degree felony murder during the perpetration of aggravated child abuse and sentenced by the trial court to life imprisonment. On appeal, he argues that the evidence was insufficient to sustain his conviction, and the State committed reversible error by failing to make an election of offenses. Following our review, we affirm the judgment of the trial court. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Brandon Garrard
On April 2, 2018, the Defendant, Brandon Garrard, was found guilty of delivery of more than 0.5 grams of methamphetamine within 1,000 feet of a park and conspiring to introduce contraband into a penal facility. The trial court sentenced the Defendant as a Range III, career offender to concurrent terms of 60 years for the delivery charge and 12 years for the conspiracy charge. On appeal, the Defendant argues that the evidence is insufficient to sustain the delivery charge based on the jury verdict form and that the trial court erred in imposing a 60-year sentence. The State concedes that the Defendant was improperly sentenced. After thorough review, we remand for resentencing and affirm the trial court’s judgments in all other aspects. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Corderro Avant and Davario Fields aka Davario McNeary
Defendants, Corderro Avant and Davario Fields, aka Devario McNeary, appeal from their convictions for one count of first degree murder, one count of attempted first degree murder resulting in seriously bodily injury, nine counts of attempted first degree murder, and eleven counts of employing a firearm during the commission of a dangerous felony after shots were fired at a house in Memphis. As a result of the resulting convictions, Defendants were sentenced to effective sentences of life plus twenty-one years. In their direct appeal, Defendants challenge: (1) the trial court’s limitation of cross-examination regarding activity at the home prior to the shooting; (2) the trial court’s decision to allow the alleged child victims to sit in the courtroom; (3) the trial court’s decision to allow the State to use cell phone location data obtained without a warrant; (4) the dismissal of a juror after he told the trial court that he recognized a person identified as an unavailable witness; (5) the trial court’s comments to the jury about deliberation; and (6) the sufficiency of the evidence.1 After hearing oral arguments and a full review, we affirm. |
Shelby | Court of Criminal Appeals | |
Eddie Medlock v. State of Tennessee
The Petitioner, Eddie Medlock, appeals from the Shelby County Criminal Court’s summary dismissal of his petition pursuant to the Post-Conviction DNA Analysis Act of 2001 (the Act), Tennessee Code Annotated sections 40-30-301 to -313 (2018). The postconviction DNA court denied relief on the basis that DNA analysis of evidentiary items requested by the Petitioner had been performed previously and that the Petitioner’s request regarding various forms of scientific analysis of other items was not cognizable under the Act. On appeal, the Petitioner contends that the court erred in dismissing his petition. We affirm the judgment of the post-conviction DNA court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Steven Michael Odom
The Defendant, Steven Michael Odom, was convicted of aggravated robbery, aggravated burglary, aggravated assault, simple possession of marijuana, and possession of drug paraphernalia. The Defendant received an effective sentence of twelve years. On appeal, the Defendant challenges the sufficiency of the evidence for his convictions for aggravated robbery, aggravated burglary, and aggravated assault. Upon review of the record and applicable law, we affirm the trial court’s judgments. |
Tipton | Court of Criminal Appeals | |
Willie Lewis v. State of Tennessee
A Shelby County jury convicted Willie Lewis, Petitioner, of second degree murder. Petitioner filed a petition for post-conviction relief and argued that he received ineffective assistance of counsel. The post-conviction court denied relief, and Petitioner appealed. On appeal, Petitioner asserts that the post-conviction court made insufficient findings of fact and conclusions of law for this court to review its decision. Additionally, Petitioner argues that trial counsel’s representation during the sentencing phase was deficient for failing to ensure that Petitioner participated in the preparation of the presentence report. Petitioner contends that he was prejudiced by this deficiency because trial counsel did not present any mitigating circumstances to the trial court and Petitioner received the maximum sentence within the applicable range. After a thorough review of the facts and applicable case law, we affirm the |
Shelby | Court of Criminal Appeals | |
Anthony Bayman v. State of Tennessee
The Petitioner, Anthony Bayman, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his 2014 conviction for second degree murder and his sentence of thirty-two years. The Petitioner contends that he received the ineffective assistance of counsel and that an amendment to the indictment violated principles of due process. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Willie Lee Wilson, Jr.
The defendant, Willie Lee Wilson, Jr., appeals his Haywood County Circuit Court jury convictions of aggravated robbery, theft of property valued at $1,000 or less, and evading arrest, arguing that the evidence adduced at trial was insufficient to sustain his convictions. Because the evidence was insufficient to support the defendant’s conviction for theft of property valued at $1,000 or less relevant to a handgun, that conviction is vacated, and the charge is dismissed. The defendant’s other convictions are affirmed. |
Haywood | Court of Criminal Appeals | |
Brandon Churchman v. State of Tennessee
The Petitioner, Brandon Churchman, filed a post-conviction petition seeking relief from his convictions of reckless homicide, felony murder, and two counts of facilitation of attempted first degree murder and accompanying effective sentence of life plus ten years. The Petitioner alleged that his counsel was ineffective on appeal by failing to challenge the trial court’s imposition of consecutive sentencing. The post-conviction court denied the petition, and the Petitioner appeals. Upon review, we affirm the judgment of the postconviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Bobby D. Dewalt
Defendant, Bobby D. Dewalt, pled guilty to three counts of delivery of .5 grams or more of cocaine as a Range II, Multiple Offender in case number 10598 and was sentenced by the trial court to twelve years for each conviction, to be served concurrently. The trial court denied Defendant’s request for an alternative sentence. At the same time, Defendant’s probation was revoked in case number 9783, for which Defendant was on probation at the time of his guilty plea. Defendant filed a timely notice of appeal. After a review, we determine that the trial court did not abuse its discretion in denying an alternative sentence. |
Lauderdale | Court of Criminal Appeals | |
Northgate Limited Liability Company et al. v. Randall Amacher et al.
This appeal involves multiple claims asserted against multiple parties. From our review of the record, the orders appealed do not resolve all of the claims asserted in the complaint. As a result, the judgment of the trial court is not final, and this Court lacks jurisdiction to consider the appeal. The appeal is hereby dismissed. |
Coffee | Court of Appeals | |
State of Tennessee v. John Thomas Mullinicks, Jr.
The Appellant, John Thomas Mullinicks, Jr., pled no contest in the Dickson County Circuit Court to four counts of statutory rape by an authority figure and received a total effective sentence of twelve years in the Tennessee Department of Correction. On appeal, the Appellant contends that the presentment failed to allege all of the essential elements of the charged offense of statutory rape by an authority figure, which renders his convictions void. Upon review, we affirm the judgments of the trial court. |
Dickson | Court of Criminal Appeals | |
Erin Alford Fuller v. Roger Darnell Fuller
This appeal concerns a redetermination of alimony on remand. Erin Alford Fuller (“Wife”) sued Roger Darnell Fuller (“Husband”) for divorce in the Chancery Court for Bradley County (“the Trial Court”). The case was tried, and Husband appealed the judgment. We determined that the Trial Court properly classified and valued Husband’s trail income from his business in the property division but erred by then including, as part of Husband’s income, the amount of trail income distributed as a marital asset. We thus vacated the Trial Court’s determinations regarding child support and alimony. On remand, the Trial Court found that Husband inflated his business expenses. The Trial Court found that Husband earned approximately $200,000 per year and ordered him to pay Wife $1,500 per month as alimony in futuro. Husband appeals. We hold that the Trial Court, in keeping with our instructions, properly excluded the trail income distributed as a marital asset in making its fresh determination of Husband’s income. We find no reversible error in the Trial Court’s finding as to Husband’s income, nor do we discern any abuse of discretion in the Trial Court’s alimony decision. We affirm the judgment of the Trial Court and remand for an award to Wife of her reasonable attorney’s fees and costs incurred on appeal. |
Bradley | Court of Appeals | |
Richard Williams v. Tony Mays, Warden
The Petitioner, Richard Williams, appeals from the Davidson County Criminal Court’s dismissal of his petition for a writ of habeas corpus from his 2004 conviction for second degree murder and his twenty-five-year sentence. The Petitioner contends that the habeas corpus court erred by dismissing his petition. We affirm the judgment of the habeas corpus court. |
Davidson | Court of Criminal Appeals | |
Christopher Conrad Fichtel v. Jill Crowell Fichtel (Zirwas)
This appeal results from Father’s petition in opposition to relocation. Trial on the petition was held over a period of more than a year. Ultimately, the trial court granted Father’s petition in opposition and modified the parties’ child support obligation to take into account their changed incomes. We vacate the trial court’s determination of Father’s income for child support purposes, but affirm the trial court’s rulings in all other respects. |
Davidson | Court of Appeals | |
State of Tennessee v. Katrina Lynette Brown
After a bench trial, the Appellant, Katrina Lynette Brown, was found guilty of driving under the influence, violating the implied consent law, possessing .5 grams or more of cocaine with the intent to sell, possessing .5 grams or more of cocaine with the intent to deliver, and a brake light violation. The trial court merged the cocaine possession counts and imposed a total effective sentence of ten years, which was suspended to probation. On appeal, the Appellant contends that the evidence is not sufficient to sustain her conviction of possession of .5 grams or more of cocaine with the intent to sell. Upon review, we affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
Neeld J. Messler II v. Janette Roberts Brumlow
This is an appeal challenging a jury verdict in an unlawful detainer action, in which both parties had raised additional counterclaims against one another, including breach of contract, fraud, and a violation of the Tennessee Consumer Protection Act. The jury returned a verdict in favor of the appellee. However, neither the jury’s verdict nor the trial court’s judgment on the verdict, addressed all of the parties’ claims. Accordingly, we dismiss the appeal for lack of subject matter jurisdiction. |
Hamilton | Court of Appeals | |
Larry Daniel Cantey v. Alyson Lindsay Cantey (Violette)
This appeal involves a petition to modify an agreed permanent parenting plan. The trial court denied the petition. We conclude that the trial court’s order does not contain sufficient findings of fact and conclusions of law. We vacate the order of the trial court and remand for entry of an appropriate order. |
Gibson | Court of Appeals |