Jeffrey Perry v. State of Tennessee
The Petitioner, Jeffrey Perry, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his convictions of especially aggravated kidnapping, aggravated robbery, aggravated burglary, aggravated assault, and employing a firearm during the commission of a dangerous felony and resulting effective sentence of twenty-one years in confinement. On appeal, the Petitioner contends that he did not enter his guilty pleas voluntarily and that he received the ineffective assistance of trial counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the postconviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Barry Leon Ferguson
The Appellant, Barry Leon Ferguson, pled guilty in the Dyer County Circuit Court to possession of cocaine with intent to sell or deliver, possession of methamphetamine with intent to sell or deliver, possession of oxycodone with intent to sell or deliver, and possession of marijuana with intent to sell or deliver and reserved a certified question of law concerning the sufficiency of the affidavit underlying the search warrant issued in this case. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the trial court’s denial of the motion to suppress. |
Dyer | Court of Criminal Appeals | |
In Re: Samuel P.
This appeal involves a long-running dispute between unmarried parents over parenting issues concerning their young son. After years of contentious and continuous litigation and eight days of trial, the trial court found the father in criminal contempt and modified the parties’ existing parenting arrangement to reduce the father’s parenting time somewhat and to grant the mother sole decision-making authority for major decisions. The trial court imputed income to the father for purposes of child support and awarded current and retroactive child support. The trial court also awarded the mother a portion of her attorney’s fees. The father appeals, challenging each of these rulings. We vacate the trial court’s imputation of income and child support awards and remand for additional findings regarding Father’s income, but we otherwise affirm the trial court on all other issues. |
Shelby | Court of Appeals | |
State of Tennessee v. Timothy McKinney
The defendant, Timothy McKinney, appeals his convictions for one count of attempted murder in the second degree, one count of employing a firearm during the commission of attempted murder in the second degree, two counts of reckless endangerment with a deadly weapon, and three counts of being a convicted felon in possession of a firearm, for which he received an enhanced sentence of life in prison without possibility of parole as a repeat violent offender. On appeal, the defendant contends the trial court abused its discretion when allowing improper impeachment questions during the cross-examination of the defendant; the trial court erred when failing to declare a mistrial; the State tainted the trial with improper statements made during closing arguments; the trial court erred when sentencing the defendant to life in prison as a violent offender; and the cumulative effect of these errors prejudiced the defendant and entitle him to a new trial. Following our consideration of the arguments of the parties, record, briefs, and applicable law, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Timothy McKinney - Dissenting
I respectfully dissent. It is clear that the State committed prosecutorial error three times during closing arguments: (1) argument regarding “adequate provocation,” (2) argument regarding a hypothetical of the victim dying, and in so doing misstated the law, and (3) arguments that vouched as to the truth of State witnesses: (a) the victim, (b) Renardo Hibbler, (c) Javier McKissick, and (d) the police officers who worked the case. All of the improper arguments are set forth in the majority opinion. |
Shelby | Court of Criminal Appeals | |
Jerry Brandon Phifer v. State of Tennessee
Petitioner, Jerry Brandon Phifer, appeals the denial of his petition for post-conviction relief from his convictions for aggravated burglary and theft of property valued over $1000. Petitioner argues that he received ineffective assistance of counsel and that his convictions were based on evidence obtained in violation of the Fourth Amendment of the United States Constitution. After a review of the record and the briefs of the parties, we determine Petitioner has failed to establish that he received ineffective assistance of counsel and Petitioner’s Fourth Amendment claim is waived. Accordingly, the judgment of the post-conviction court is affirmed. |
Davidson | Court of Criminal Appeals | |
Ronald Henry Aho v. State of Tennessee
In 2012, the Warren County Grand Jury indicted Petitioner, Ronald Henry Aho, in case number F-13913 for aggravated burglary and theft of property over $1,000 but less than $10,000. Petitioner was also indicted in case number F-13974 for two counts each of aggravated burglary and theft of property over $1,000 but less than $10,000. In January 2014, Petitioner entered best interest guilty pleas in case numbers F-13913 and F-13974 to a total of two counts of aggravated burglary and two counts of theft over $1,000 but less than $10,000 in exchange for the dismissal of the remaining charges and the dismissal of charges contained in three additional indictments. Pursuant to the plea agreement, Petitioner was sentenced to serve a total effective sentence of twenty-three years, with the first fifteen years to be served at sixty percent release eligibility and the last eight years to be served at forty-five percent release eligibility. Petitioner filed a petition for post-conviction relief, alleging that he received ineffective assistance of counsel and that his pleas were unknowingly and involuntarily entered. Following an evidentiary hearing, the post-conviction court denied relief. After review, we affirm the judgment of the post-conviction court. |
Warren | Court of Criminal Appeals | |
In Re Britton H-S.
The juvenile court established a permanent parenting plan for the minor child of unwed parents and ordered the father to pay child support. The father argues that the juvenile court erred both in fashioning the parenting plan and in calculating his child support obligation. Because the court’s order lacks sufficient findings of fact and conclusions of law to explain its calculation of the father’s gross income for child support purposes, we vacate the court’s child support order and remand for entry of an order in compliance with Rule 52.01 of the Tennessee Rules of Civil Procedure. In all other respects, we affirm. |
Montgomery | Juvenile & Family Courts | |
Matthew Perry v. State of Tennessee
The Petitioner, Matthew Perry, appeals the post-conviction court’s denial of his petition for post-conviction relief in which he challenged his convictions for first degree felony murder and attempted aggravated robbery. On appeal, the Petitioner contends that trial counsel rendered ineffective assistance by leaving before the close of the trial, which effectively pressured the Petitioner not to testify in his own defense, and by failing to introduce an exculpatory photograph into evidence. Upon reviewing the record and the applicable law, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Laylon Ward, Jr.
The Defendant, Laylon Ward, Jr., was convicted by a Dyer County jury of reckless aggravated assault. The trial court sentenced the Defendant as a Range II, multiple offender to eight years in the Tennessee Department of Correction. On appeal, the Defendant challenges his classification as a Range II offender, arguing that the trial court erred in considering two previous convictions as felonies. After a review of the record and applicable law, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Carey Goodman
The Defendant, Carey Goodman, appeals the trial court’s order requiring him to serve his sentence in confinement after the revocation of his probation. Following our review, we affirm the judgment of the trial court in accordance with Rule 20, Rules of the Court of Criminal Appeals. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Angela L. Smith
The Defendant, Angela Smith, appeals her conviction for aggravated arson and her resulting sentence of thirty-five years at 100% as a Range II, multiple offender. On appeal, the Defendant raises issues challenging the sufficiency of the evidence, the photographic line-up, and her sentence. We affirm the judgment of the trial court. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Richard Eugene Reed
The Defendant, Richard Eugene Reed, was convicted by a Knox County Criminal Court jury of possession with intent to sell 0.5 gram or more of cocaine in a drug-free school zone, a Class A felony; possession with intent to deliver 0.5 gram or more of cocaine in a drug-free school zone, a Class A felony; possession with intent to sell 0.5 gram or more of cocaine within a drug-free childcare zone, a Class B felony; possession with intent to deliver 0.5 gram or more in a drug-free childcare zone, a Class B felony; possession of a firearm during the commission of a dangerous felony, a Class D felony; and unlawful possession of a weapon by a convicted felon, a Class D felony. See T.C.A. §§ 39-17-417 (2010) (amended 2012, 2014) (possession of 0.5 gram or more of cocaine with intent to sell or deliver), 39-17-432 (2014) (drug-free school zone and drug-free childcare zone enhancement), 39-13-1324 (2010) (amended 2012, 2014) (possession of firearm during commission of a dangerous felony), 39-17-1307 (2014) (amended 2017) (unlawful possession of a weapon by a convicted felon). The trial court merged the drug-related convictions and sentenced the Defendant to an effective twenty years’ confinement. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions and (2) the trial court erred in denying his motion to suppress. We affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
April Elaster v. Gary Massey, Jr., et al.
In this legal malpractice case, defendant-attorneys filed a motion for summary judgment alleging that they complied with the applicable standard of care. In response to the summary judgment motion, Appellant failed to offer any expert proof that |
Hamilton | Court of Appeals | |
Gregory Nelson v. State of Tennessee
Petitioner, Gregory Nelson, appeals as of right from the denial of post-conviction relief following an evidentiary hearing. After a review of the briefs of the parties, the postconviction court’s order, and the record, we affirm the judgment of the post-conviction court. |
Lauderdale | Court of Criminal Appeals | |
Dwight Harris v. State of Tennessee
Petitioner, Dwight Harris, pled guilty in case no. 14-02706 to aggravated burglary. He received a six-year sentence as a Range II multiple offender. Petitioner pled guilty in case no. 15-00395 to aggravated burglary and theft of property valued at more than $1,000. He received an effective sentence of six years as a Range I standard offender to be served consecutively to the sentence in case no. 14-02706. Petitioner subsequently filed a post-conviction petition alleging that he received ineffective assistance of counsel and that his guilty pleas were involuntary. After a hearing on the petition, it was denied by the post-conviction court. On appeal, Petitioner also asserts that he did not receive the effective assistance of counsel and that his guilty pleas were not voluntary. Following our review of the record and the parties’ briefs, we affirm the judgment of the postconviction court. |
Shelby | Court of Criminal Appeals | |
Edward Ronny Arnold v. Burns Phillips, Commissioner Tennessee Department of Labor And Workforce Development
A state employee who lost his job due to a reduction-in-force was placed on administrative leave with pay and received a severance package. The Department of Labor and Workforce Development denied his claim for unemployment benefits for the period in which he received administrative leave with pay. As the employee acknowledges, he subsequently received the maximum unemployment benefits allowable for the applicable one-year period. Therefore, the employee cannot receive benefits for the contested period, which is the relief sought in this case. This case cannot provide relief to the employee, and the appeal is moot. |
Davidson | Court of Appeals | |
Ronald Osborne, Et Al. v. The Metropolitan Government Of Nashville And Davidson County
A patron at a convenience center owned and operated by a metropolitan government fell and injured himself at the center. The trial court found that the metropolitan government breached its duties and was at fault for the patron’s injuries, but that the patron was also at fault in failing to notice the drainage cut that caused his fall. The trial court apportioned eighty percent of the fault to the metropolitan government and twenty percent to the patron. The metropolitan government appeals, arguing that the patron was at least fifty percent at fault. We affirm the decision of the trial court. |
Davidson | Court of Appeals | |
Gameel Mesad v. Joseph Yousef
Plaintiff entered into a contract with Defendant for the purchase of a convenience market, whereby Plaintiff purchased the store’s inventory and assumed the lease and other contractual obligations of the business. Three years after the sale, Plaintiff filed suit, alleging fraud, unjust enrichment, breach of contract, and violations of the Tennessee Trade Mark act of 2000, all in connection with the sale and operation of the business. Following a trial, the trial court dismissed the suit. Plaintiff appeals; we affirm the judgment. |
Davidson | Court of Appeals | |
John Ashley Snider v. State of Tennessee
The Petitioner, John Ashley Snider, pleaded guilty to six drug-related charges in exchange for an effective sentence of ten years of Community Corrections, after the service of eleven months and twenty-nine days. At the time of the plea, he reserved a certified question for appeal regarding law enforcement officers’ warrantless entry into his home and the seizure of his person. This court dismissed the appeal, holding that the certified question was not dispositive of the case. State v. John Ashley Snider, No. W2014-01848-CCA-R3-CD, 2015 WL 5014605, at *3-4 (Tenn. Crim. App., at Jackson, Aug. 25, 2015), perm. app. denied (Tenn. Dec. 14, 2015). The Petitioner filed a petition for post-conviction relief, alleging that he had received the ineffective assistance of counsel. The post-conviction court held a hearing, after which it denied the petition. On appeal, we affirm the post-conviction court’s judgment. |
Madison | Court of Criminal Appeals | |
John Ashley Snider v. State of Tennessee - Concurring In Results Only
Trial counsel pursued an appeal following a guilty plea by Petitioner, wherein trial counsel’s work resulted in Petitioner’s appeal being dismissed for a procedural reason. The procedural reason for dismissal of the appeal was that the certified question of law was not dispositive of the case. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Bryan Austin Demeza
The Tipton County Grand Jury indicted the Defendant, Bryan Austin DeMeza, on charges of aggravated child neglect, first degree felony murder, and three counts of aggravated child abuse. The Defendant filed a motion to suppress his statements to law enforcement, which the trial court denied. The jury convicted the Defendant as charged and sentenced him to life for the first degree murder conviction. At a sentencing hearing, the trial court merged the Defendant’s convictions for three counts of aggravated child abuse into his conviction for aggravated child neglect and sentenced the Defendant to twenty years to be served concurrently with his life sentence.The trial court denied the Defendant’s motion for new trial. On appeal, the Defendant argues that: (1) the trial court erred in denying his motion to suppress his statements because he was subject to custodial interrogations without being informed of his rights under Miranda v. Arizona, 384 U.S. 436 (1966); (2) the trial court erred in admitting extrinsic evidence of the Defendant’s prior false statements under Tennessee Rules of Evidence 401 and 608(b); and (3) the evidence was insufficient for a rational juror to have found the Defendant guilty beyond a reasonable doubt. The State argues that the trial court erred in merging the Defendant’s three aggravated child abuse convictions into his aggravated child neglect conviction. After a thorough review of the evidence and applicable case law, we affirm the Defendant’s convictions for felony murder and three counts of aggravated child abuse. Because the evidence at trial was insufficient for a rational juror to have found the Defendant guilty of aggravated child neglect beyond a reasonable doubt but was sufficient for a finding of guilt of child neglect, we reduce the Defendant’s aggravated child neglect conviction to child neglect and remand for sentencing on the child neglect conviction. We also conclude that the trial court erred in merging the three aggravated child abuse convictions into the aggravated child neglect conviction and remand for sentencing on the Defendant’s three aggravated child abuse convictions. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Kortney Ball
Defendant was convicted by a Rutherford County Jury of driving under the influence (“DUI”), retaliation for past action, assault, and resisting arrest. The trial court sentenced Defendant to an effective sentence of two years, of which Defendant was ordered to serve six months in incarceration and the balance of the sentence on supervised probation. Defendant appeals his conviction for retaliation for past action, arguing that the evidence was insufficient to support the conviction. For the following reasons, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Dewayne Jones
A jury convicted the Defendant, Dewayne Jones, of rape of a child, incest, and aggravated sexual battery for crimes committed against his daughter, and he was sentenced to an effective sentence of thirty-five years. The Defendant appeals, asserting (1) that the evidence was insufficient to sustain the convictions; (2) that the trial court committed error in questioning a witness; (3) that the trial court erred in failing to merge the convictions; (4) that the trial court improperly imposed consecutive sentences; (5) that the trial court lacked subject matter jurisdiction; and (6) that he is entitled to relief under a theory of cumulative error. After a thorough review of the record, we affirm the judgments of the trial court and remand for correction of a judgment form to reflect the proper statutory provision for the conviction offense. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Corey Jones
A Shelby County jury convicted the Defendant, Corey Jones, of aggravated kidnapping, robbery, aggravated burglary, and theft of property valued at $1,000 or more. The trial court imposed an effective nineteen-year sentence. On appeal, the Defendant contends that the trial court erred in requiring that the Defendant wear physical restraints at trial and that the trial court made improper comments in the presence of the jury regarding the credibility of the State’s witnesses. Upon reviewing the record and the applicable law, we affirm the judgments of the trial court. We remand for entry of a corrected judgment reflecting a three-year sentence for the theft conviction. |
Shelby | Court of Criminal Appeals |