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 | |
Paul Pittman v. City of Memphis
Petitioner firefighter appeals denial of on-the-job injury benefits by the City of Memphis. We affirm. |
Shelby | Court of Appeals | |
Brandon Mobley v. State of Tennessee
The petitioner, Brandon Mobley, appeals from the Knox County Criminal Court’s denial of his petition for post-conviction relief challenging his 2005 convictions of two counts of premeditated first degree murder, especially aggravated robbery, and setting fire to personal property for which he is now serving two consecutive life sentences plus 19 years in the custody of the Department of Correction. On appeal, the petitioner contends that the postconviction court erred by denying his petition for post-conviction relief based upon allegations that he was denied the effective assistance of counsel and other constitutional deprivations. Because we determine that the petitioner is entitled to relief on the issue of the ineffective assistance of counsel concerning the use of expert testimony, we reverse the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Brandon Mobley v. State of Tennessee - Concurring/Dissenting
I concur in the holding of the majority that the allegations of ineffective assistance of counsel save for the failure to ask the expert witness whether Petitioner could premeditate do not have merit. However, I dissent from the holding that counsel was ineffective in failing to ask the defense’s expert the ultimate question of whether Petitioner could have “premeditated” the murders for which he was convicted. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Darrel Watson
Defendant-Appellant, Darrel Watson, was convicted by a Shelby County jury of first degree premeditated murder and was subsequently sentenced to life imprisonment. The sole issue presented for our review is whether the evidence was sufficient to support his conviction. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Christopher Bankston
A Shelby County jury convicted the Defendant-Appellant, Christopher Bankston, of aggravated robbery, a Class B felony. He was sentenced to a twelve year term of imprisonment in the Tennessee Department of Correction. The sole issue presented for our review is whether the evidence is sufficient to support his conviction. Upon our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals |