State of Tennessee v. Timothy Evans and Michael Daniels
A Hamilton County Criminal Court jury convicted the appellants, Timothy Evans and Michael Daniels, of first degree premeditated murder and conspiracy to commit first degree premeditated murder. In addition, the jury convicted Evans of carrying a dangerous weapon. After a sentencing hearing, the trial court sentenced Evans to concurrent sentences of life for the murder conviction, sixteen years for the conspiracy conviction, and thirty days for the carrying a dangerous weapon conviction. The trial court sentenced Daniels to consecutive sentences of life for the murder conviction and twenty-three years for the conspiracy conviction. On appeal, the appellants argue that (1) the evidence is insufficient to support the convictions, (2) the trial court erred by refusing to grant their motions to sever, (3) the trial court erred by using extreme and unnecessary security measures that prejudiced the jury against them, and (4) the trial court erred by failing to grant their motions for a new trial because the State’s gang expert committed perjury. In addition, Daniels argues that (5) the trial court erred by failing to redact the indictments properly and (6) the trial court failed to control a witness adequately while the witness was testifying. Finally, the appellants contend that the cumulative effect of the errors warrants a new trial. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Korey Bradley
Defendant, Korey Bradley was charged with attempted second degree murder of Brandon Williams, aggravated assault of Brandon Williams, and felony reckless endangerment of Jarvis McDaniel. Following a jury trial, Defendant was convicted of misdemeanor reckless endangerment as a lesser-included offense of attempted second degree murder, and guilty as charged on the aggravated assault and felony reckless endangerment. He was sentenced to eleven months, twenty-nine days for misdemeanor reckless endangerment, eight years for aggravated assault, and three years for felony reckless endangerment. The trial court ordered the eight-year and three-year sentences to be served consecutively with each other and concurrently to the sentence for misdemeanor reckless endangerment for an effective elevenyear sentence to be served in confinement. On appeal, defendant argues that (1) his conviction for aggravated assault should be merged into his conviction for misdemeanor reckless endangerment resulting in one conviction for misdemeanor reckless endangerment; (2) the trial court erred by failing to instruct the jury on aggravated assault as a lesserincluded offense of attempted second degree murder; (3) the evidence was insufficient to support his convictions for felony reckless endangerment; and (4) his effective sentence was excessive. After a thorough review of the record, we remand for the trial court to merge the conviction for misdemeanor reckless endangerment of Brandon Williams with the conviction for aggravated assault of Brandon Williams. All other aspects of the judgments are affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Christopher Fielder
Defendant, Christopher Fielder, was indicted along with his co-defendants Korry Hernandez and John Karcher for the class A felonies of especially aggravated robbery and especially aggravated kidnapping of Jason Seitz. Defendant proceeded to be tried by a Shelby County jury. His co-defendants testified against him pursuant to negotiated plea agreements. The jury found Defendant guilty as charged. The trial court sentenced Defendant to serve twenty years for each of the Class A felony convictions, and ordered the sentences to be served concurrently with each other. Defendant appeals, arguing that the evidence was insufficient to support his convictions and that the sentences are excessive because (1) the trial court improperly applied enhancement factors; (2) the trial court erroneously failed to apply appropriate mitigating factors; and (3) his sentences are excessive and disproportionate when compared with the sentences received by his co-defendants. We find no error and affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Alfred Gettner - Concurring
I concur in results because, respectfully, I disagree that we should per se presume the correctness of the sentencing judgment based upon the absence of the plea submission hearing transcript. I believe that the presentence report contained in the record provides this court with an understanding of the nature and circumstances of the offenses such that we can perform our mandated duty of conducting a de novo review upon the record. On the other hand, I believe that the trial court’s judgment is supported in the record and should be affirmed on that basis. |
Sullivan | Court of Criminal Appeals | |
In Re: Baron H.S.M.
This is a termination of parental rights case regarding Baron H.S.M. (“the Child”), the son of Sandra M. (“Mother”). Mother maintained a long-term relationship with Ray C., before and since the Child’s birth. She contends that Ray is the Child’s biological father.1 Mother was incarcerated when the Child was born. She arranged to transfer the Child to the care of Ray’s sister, Peggy V. and her husband, Ronald V. collectively, “the Guardians”). Over two years after they took custody, the Guardians filed a petition to terminate Mother’s parental rights and adopt the Child. After a bench trial, the court terminated Mother’s rights upon finding, by clear and convincing evidence, (1) that Mother had abandoned the Child by willfully failing to visit or support him and (2) that termination is in the Child’s best interest. Mother appeals. We affirm. |
Hawkins | Court of Appeals | |
State of Tennessee v. Deshawn Wentz
The defendant, Deshawn Wentz, was convicted bya Montgomery County jury of possession of .5 grams or more of cocaine with intent to sell, a Class B felony, and tampering with evidence, a Class C felony, and was sentenced bythe trial court to concurrent terms of eleven and seven years, respectively, to be served in the Department of Correction. On appeal, he contends that (1) the trial court erred in denying his motion to suppress and (2) the evidence is insufficient to sustain his convictions. Following our review, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
In The Matter of: Jada T.L.P. and Joseph D.P.
This is a termination of parental rights case. The juvenile court terminated the parental rights of the mother on the grounds of persistence of conditions, substantial noncompliance with the terms of her permanency plans, severe child abuse, and abandonment. The mother appeals, arguing the Department of Children’s Services did not make reasonable efforts to reunite her with her children following their removal and did not clearly and convincingly prove termination of her parental rights was in the best interests of the children. We affirm. |
Sevier | Court of Appeals | |
State of Tennessee v. Herschel Van Lillard, Jr.
The defendant, Herschel Van Lillard, was convicted by a Davidson County jury of first degree felony murder and was sentenced by the trial court to life imprisonment in the Department of Correction. The sole issue he raises on appeal is whether the evidence was sufficient to sustain his conviction. Following our review,we affirm the judgmentof the trial court. |
Davidson | Court of Criminal Appeals | |
Emmett Russell McGee, Jr. v. State of Tennessee
The petitioner, Emmett Russell McGee, Jr., appeals from the Bedford County Criminal Court’s denial of post-conviction relief from his convictions based upon guilty pleas on two counts of possession with intent to sell three hundred grams or more of cocaine and the resulting sentences of ten and eleven years to be served consecutively. On appeal, the petitioner contends that his guilty plea was not voluntarily entered due to the ineffective assistance provided by trial counsel. Specifically, he contends that trial counsel gave him improper advice concerning the possible sentences he could receive if he proceeded to trial. In addition, for the first time on appeal, the petitioner raises a challenge to the consecutive nature of the sentences, asserting that it is illegal and excessive in light of the fact that the elements of both convictions arose out of the same transaction. Following review, we conclude that the post-conviction court properly determined that trial counsel was not ineffective. Further, we conclude that the petitioner has waived review of his second issue. As such, the denial of his petition for post-conviction relief is affirmed. |
Bedford | Court of Criminal Appeals | |
Antonio J. Beasley, Sr. v. State of Tennessee
The Petitioner, Antonio J. Beasley, Sr., appeals the Hamilton County Criminal Court’s dismissal of his petition for error coram nobis relief from his 1989 conviction for grand larceny and his 1990 convictions for possession of cocaine and attempted arson. He claims his convictions should be vacated because trial counsel and the trial court did not inform him that his convictions could be used to enhance future sentences, thus rendering his guilty pleas involuntary and unintelligent. The State has moved this court to dismiss the Petitioner’s appeal as untimely, or, in the alternative, affirm the trial court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The State’s motion for a memorandum opinion is granted, and the judgment of the trial court is affirmed. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Alfred Gettner
In 2007, 2008, and 2009 in Sullivan County, Appellant, Alfred Gettner, was charged by presentment, indicted, and consented to prosecution by information for various counts consisting of four counts of violating an habitual traffic offender order, one count of driving under the influence (“DUI”), third offense, and one count of failing to yield to an emergency vehicle. On May 1, 2009, Appellant entered a negotiated plea to four counts of violation of a habitual traffic offender order, one count of DUI, first offense, and one count of failing to yield to an emergency vehicle. The agreed to sentence was an effective sentence of six years. Appellant requested an alternative sentence. The trial court held a hearing and denied Appellant’s request. Appellant appealed to this Court and argued that the trial court erred in denying his request for an alternative sentence. Because Appellant failed to include a copy of the transcript from his guilty plea hearing, he has waived the presentation of his issue to this Court. Therefore, we dismiss this appeal. |
Sullivan | Court of Criminal Appeals | |
Matthew Sweet v. State of Tennessee
Petitioner, Matthew Lee Sweet, was convicted by a Greene County jury of two counts of aggravated child abuse. State v. Matthew Lee Sweet, No. E2007-00202-CCA-R3-PC, 2008 WL 1723431, at *1 (Tenn. Crim. App., at Knoxville, Apr. 15, 2008). He received an effective sentence of twenty-five years. Id.Petitioner’s convictions were affirmed in a delayed appeal. Id. Subsequently, Petitioner sought post-conviction relief on the basis of ineffective assistance of counsel. After a hearing on the petition, the post-conviction court denied post-conviction relief and dismissed the petition. After a thorough review, we determine that Petitioner has failed to show clear and convincing evidence that he is entitled to post-conviction relief. Accordingly, the judgment of the post-conviction court is affirmed. |
Greene | Court of Criminal Appeals | |
James W. Vanover v. State of Tennessee
Petitioner, James W. Vanover, was convicted following a jury trial, for one count of rape of a child, a Class A felony, and two counts of aggravated sexual battery, a Class B felony. He was given an effective sentence of 36 years. On appeal, this Court affirmed the convictions but remanded for sentencing. State v. James Vanover, No. E2005- 1192-CCA-R3-CD, 2006 WL 521496 (Tenn. Crim. App. March 2, 2006). Upon resentencing, he was again sentenced to serve 36 years. On appeal, this Court held that the trial court properly ordered consecutive sentencing at the second sentencing hearing. State v. James Vanover, No. E2006-01342- CCA-R3-CD, 2007 WL 2323386 (Tenn. Crim. App. August 15, 2007) perm. app. denied (Tenn. July 7, 2008). Petitioner timely filed a petition for post- onviction relief, alleging that he received ineffective assistance of counsel. Following an evidentiary hearing, the post-conviction court denied relief, and Petitioner appeals. After review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Hayes
A Shelby County jury convicted the Defendant, Kenneth Hayes, of reckless aggravated assault, two counts of aggravated assault, criminal attempt to commit the intentional killing of an animal worth over $1000, theft of property over $1000, and evading arrest. The trial court ordered the Defendant to serve an effective sentence of forty years, eleven months, and twenty-nine days in the Tennessee Department of Correction. On appeal, the Defendant argues that the trial court imposed an excessive sentence and that it erred when it denied him alternative sentencing. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Guy Alvin Williamson
The defendant, Guy Alvin Williamson, was convicted by a Tipton County Circuit Court jury of being a convicted felon in possession of a handgun and possession of a firearm while under the influence of alcohol or a controlled substance. He was sentenced to an effective term of three years, suspended to probation. On appeal, he argues that the trial court erred in denying his motion to suppress the evidence and dismiss the indictment and that the evidence was not sufficient to support his conviction for convicted felon in possession of a handgun. After review, we affirm the judgments of the trial court. |
Tipton | Court of Criminal Appeals | |
Eddie C. Pratcher, Jr., Surviving Spouse of Sandra Y. Jones Pratcher v. Methodist Healthcare-Memphis Hospitals, et al.
Appellant appealed the trial court's order granting Appellee's “Motion of Methodist Healthcare-Memphis Hospitals to Strike, or in the Alternative, Motion in Limine, or In the Alternative, for Partial Judgment and Memorandum.” We dismiss this appeal for lack of |
Shelby | Court of Appeals | |
State of Tennessee v. Kristen A. Wilson
The defendant, Kristen A. Wilson, presents for our review a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2). The defendant pleaded guilty to driving under the influence, per se. As a condition of her guilty plea, the defendant reserved a certified question of law challenging the admissibility of her blood sample based on the two-hour admissibility limit. Following our review, we reverse the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Lee Brown and Guttershutter of Nashville, LLC v. David Styles, et al.
Appeal from a judgment confirming an arbitration award. The principle defense is that the appellant, the party against whom the arbitration award was issued, was never a party to the arbitration agreement at issue and did not participate in the arbitration proceedings. The trial court confirmed the arbitration award and enrolled a judgment against the appellant in the amount of $78,956.80 plus costs. We reverse the confirmation of the award against the appellant upon the finding that the trial court lacked subject matter jurisdiction to confirm the award. This is because the statute which confers jurisdiction upon the court to confirm arbitration awards, Tenn. Code Ann. § 29-5-302, requires a written arbitration agreement between the parties, and there is no written agreement between the appellant and appellee to arbitrate. Thus, the trial court was without jurisdiction to confirm an arbitration award against the appellant. |
Williamson | Court of Appeals | |
Montreal Lyons v. State of Tennessee
Petitioner, Montreal Lyons, was convicted by a Shelby County jury of four counts of aggravated robbery and one count of especially aggravated kidnapping. State v. Montreal Lyons, No. W2006-02445-CCA-R3-CD, 2008 WL 2699657, at *3 (Tenn. Crim. App., at Jackson, July 9, 2008), |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Roderick Moore
A Davidson County jury convicted the Defendant, Roderick Moore, of first-degree murder in the perpetration of a robbery, reckless homicide, and especially aggravated robbery. He was sentenced to concurrent sentences of life imprisonment for the first-degree murder, two years for the reckless homicide, and eighteen years for the especially aggravated robbery. On appeal, the Defendant argues that the trial court erred by limiting the cross-examination of the investigating police officer and that the evidence was insufficient to sustain his conviction for first-degree murder in the perpetration of a robbery. Following our review, we affirm the Defendant’s convictions for first degree murder and especially aggravated robbery. We remand for entry of a judgment reflecting that the reckless homicide conviction merged into the first-degree murder conviction. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. David Enrique Leon
A Dickson County Circuit Court jury convicted the appellant, David Enrique Leon, of first degree felony murder and aggravated robbery, and the trial court sentenced him to consecutive sentences of life and ten years, respectively. On appeal, the appellant contends that the evidence is insufficient to support the convictions. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Dickson | Court of Criminal Appeals | |
Sentoryia Lawand Young v. State of Tennessee
The petitioner, Sentoryia Lawand Young, appeals from the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his jury conviction of second degree murder and two convictions of aggravated assault. Following our review, we affirm the order of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Lamont Hogan
The Defendant, Lamont Hogan, pled guilty as indicted by the Dickson County Grand Jury for sale of less than .5 grams of cocaine, a Class C felony, and sale of a counterfeit controlled substance, a Class E felony, with the length and manner of service for the sentences left to the discretion of the trial court. Following a sentencing hearing, the trial court sentenced the Defendant as Range III, persistent offender to ten years for the Class C felony conviction and a concurrent four years for the Class E felony conviction. The trial court ordered the Defendant to serve his total effective sentence of ten years in the Tennessee Department of Correction. In this appeal as of right, the Defendant contends that the trial court erred in denying alternatively sentencing. Following our review, we affirm the judgments of the trial court. |
Dickson | Court of Criminal Appeals | |
Jarvis Harris v. State of Tennessee
The petitioner, Jarvis Harris, appeals the denial of his petition for post-conviction relief, which challenged his convictions of first degree premeditated murder and attempted first degree murder. In this appeal, the petitioner challenges the trial court’s denial of his pretrial motion to suppress the evidence, the sufficiency of the convicting evidence, and the performance of his attorneys at trial and on appeal. Because the first two issues are either waived or previously determined, see T.C.A. § 40-30-106(g)-(h) (2006), and because the petitioner failed to establish by clear and convincing evidence that he was denied the effective assistance of counsel, we affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. James Johnson
The appellant, James Johnson, pled guilty in the Shelby County Criminal Court to vehicular homicide by intoxication, a Class B felony, and received a ten-year sentence with the manner of service to be determined by the trial court. After a sentencing hearing, the trial court ordered the appellant to serve the sentence in confinement. On appeal, the appellant contends that the trial court erred by denying his request for alternative sentencing. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals |