State of Tennessee v. Robert Lee Archibald, Jr.
The Defendant, Robert Lee Archibald, Jr., was charged with one count of possession with intent to sell or deliver twenty-six grams or more of cocaine within 1000 feet of a school, one count of possession of drug paraphernalia, and one count of possession of a firearm during the commission of a dangerous felony. He filed a motion to suppress the evidence against him, arguing that the search warrant authorizing the search was defective. The Davidson County Criminal Court granted his motion. The State now appeals that grant. After our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Demetrius L. Lancaster v. State of Tennessee
The Petitioner, Demetrius L. Lancaster, pleaded guilty to possession of cocaine with intent to sell within 1,000 feet of a school zone, being a convicted felon in possession of a weapon, and sale of .5 grams or more of cocaine. He received an effective fourteen-year sentence, as a Range I, standard offender for these convictions, which sentence was to be served consecutively to a prior seventeen-year sentence. The Petitioner then filed a timely petition for post-conviction relief. The post-conviction court held an evidentiary hearing on the petition and subsequently entered an order denying relief. The Petitioner appeals. Because the record on appeal does not include a transcript of the evidentiary hearing in the post-conviction court, we conclude that the Petitioner has waived the issues argued on appeal. We must presume that the post-conviction court correctly denied post-conviction relief and, therefore, the judgment of the post-conviction court is affirmed. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. Benjamin Brown
The defendant was convicted of aggravated child abuse and felony murder in the perpetration of aggravated child abuse. The defendant appealed the felony murder conviction, and the Court of Criminal Appeals affirmed his conviction. We granted permission to appeal and address the issue of whether the trial court committed reversible error by failing to instruct the jury on the lesser-included offenses of felony murder, which include second degree murder, reckless homicide, and criminally negligent homicide. We conclude that the trial court erred by failing to instruct the jury as to these lesser-included offenses, and accordingly, we reverse the felony murder conviction and remand the case for a new trial on the felony murder count. |
Supreme Court | ||
Christopher Cannon v. State of Tennessee
The Petitioner, Christopher Cannon, appeals the Madison County Circuit Court’s denial of post-conviction relief from his open guilty pleas to aggravated burglary and aggravated assault which resulted in two twelve-year sentences to be served consecutively. He claims trial counsel rendered ineffective assistance in failing to advise him that he could potentially avoid his two consecutive twelve-year sentences by exercising his right to a jury trial. Upon review, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
Antonio Kendrick v. State of Tennessee
The Petitioner, Antonio Kendrick, appeals the Criminal Court of Shelby County’s dismissal of his petition for habeas corpus relief. The State has filed a motion requesting that this court dismiss the petitioner’s appeal or, in the alternative, affirm the trial court’s order pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. David F. Henning
The defendant, David Franklin Henning, was convicted by a Dyer County jury of simple possession of cocaine, a Class A misdemeanor, and tampering with evidence, a Class C felony. He was subsequently sentenced as a career offender to concurrent sentences of eleven months and twenty-nine days and fifteen years. On appeal, he raises two issues for our review: (1) whether the evidence was sufficient to support his conviction for tampering with evidence; and (2) whether he was inappropriately sentenced as a career offender. Following review of the record, we find no error and affirm the judgments of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Justin Michael Scott
The appellant, Justin Michael Scott, pled guilty in the Knox County Criminal Court to vehicular assault and driving on a revoked license. He received a total effective sentence of three years, to be suspended after service of six months in the Knox County Jail. On appeal, the appellant challenges the trial court’s failure to grant a sentence of full probation. Upon review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Arthur Stamey, III v. State of Tennessee
The petitioner, Arthur W. Stamey, III, appeals the dismissal of his petition for writ of error coram nobis. In this appeal, he contends that the coram nobis court erred by permitting two witnesses to testify for the State and by concluding that those witnesses were more credible than the petitioner. He also claims that the court erred by concluding that a letter of recantation written by the victim did not constitute newly discovered evidence. Discerning no error, we affirm the judgment of the coram nobis court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Nathaniel Richardson
Appellant, Nathaniel Richardson, pled guilty to second degree murder in Shelby County and received a twenty-year sentence. At the guilty plea hearing, Appellant reserved the following certified questions of law for appeal pursuant to Rule 37(b)(2) of the Tennessee Rules of Criminal Procedure: |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jonathan Ransom
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Shelby | Court of Criminal Appeals | |
Samuel S. Haines v. Henry County Board of Education
This appeal arises out of an auto accident. The trial court entered judgment in favor of the plaintiff. The defendant appeals, arguing that the plaintiff’s evidence was insufficient to prove causation. We reverse the judgment of the trial court and enter judgment in favor of the defendant. |
Henry | Court of Appeals | |
Leah Joy Ward v. State of Tennessee
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Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Hugo Brooks
The defendant, Michael Hugo Brooks, was convicted by a Hardin County jury of DUI, third offense, and was sentenced by the trial court to 11 months, 29 days, with 120 days to serve in the county jail followed by probation. The sole issue the defendant raises in this appeal is whether the trial court committed plain error by denying his motion to suppress. Based on our review, we conclude that he has not shown the existence of plain error in the trial court’s ruling. Accordingly, we affirm the judgment of the trial court. |
Hardin | Court of Criminal Appeals | |
In Re: Adoption of N.A.H., a minor (d/o/b 06/06/03)
This appeal arises from the trial court’s order dismissing Petitioners’ petition for termination of parental rights and for adoption upon determining that the petition was invalid as a matter of law where it was jointly filed by the child’s maternal great-aunt and her daughter, the child’s aunt. The trial court awarded Father sanctions pursuant to Rule 11 of the Tennessee Rules of Civil Procedure. We reverse the award of sanctions to Father and dismiss the remainder of the appeal on the grounds |
Shelby | Court of Appeals | |
Gloria Kazeleski v. Dixie Motors, Inc.
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The |
Davidson | Workers Compensation Panel | |
Keith Brooks v. Paccar, Inc. D/B/A Peterbilt Motors Company
This workers’ compensation appeal has been referred to the Special Workers’ Compensation |
Davidson | Workers Compensation Panel | |
State of Tennessee v. Monty Blackwell
Following the warrantless search of his residence and adjoining property, the Defendant, Monty Blackwell, was charged by presentment from the Grainger County grand jury with manufacture of marijuana, possession of drug paraphernalia related to the manufacture of marijuana, possession of marijuana with the intent to sell or deliver, theft of property valued at over one thousand dollars, and theft of property valued at over five hundred dollars. The Defendant filed a motion to suppress all evidence seized as a result of the warrantless entry onto his property. Following an evidentiary hearing, the trial court granted the motion and suppressed the evidence. In this appeal as of right, the State contends that the trial court erred in granting the motion to suppress. Following our review, we affirm the judgment ofthe trial court. |
Grainger | Court of Criminal Appeals | |
State of Tennessee v. Kristen A. Wilson
Defendant, Kristen A. Wilson, entered a plea of guilty to driving under the influence per se. Defendant was sentenced to eleven months, twenty-nine days, which sentence was suspended after service of forty-eight hours in confinement. As part of the negotiated plea agreement, the parties purported to reserve a certified question of law pursuant to Rule 37(b)(2)(I) of the Tennessee Rules of Criminal Procedure. After review, we conclude that Defendant has failed to comply with the strict requirements of Tennessee Rule of Criminal Procedure 37(b)(2) and dismiss the appeal. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Kevin McDougle
Following a jury trial, Defendant, Kevin McDougle, was convicted of aggravated robbery, a Class B felony, in case no. 06-04210. The trial court sentenced Defendant as a Range I, standard offender, to twelve years. The trial court ordered Defendant to serve his sentence in case no. 06-04210 consecutively to his effective sentence of thirty-two years in case nos. 06-04209 and 07-01739, for an effective sentence of forty-four years. On appeal, Defendant argues that (1) the prosecutor committed prosecutorial misconduct during the crossexamination of a witness for the defense; (2) the trial court erred in imposing consecutive sentencing; and (3) the imposition of consecutive sentencing violates his Sixth Amendment right to a jury trial. After a thorough review, we affirm the judgment of the trial court |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Edgar Allgood
Defendant, Edgar Allgood, was indicted in count one of the indictment for possession of more than 0.5 grams of cocaine with intent to sell and in count two for possession of more than 0.5 grams of cocaine with intent to deliver. Following a jury trial, Defendant was found not guilty of the charged offenses. The jury found Defendant guilty in count one of the indictment of the lesser included offense of facilitation of possession of more than 0.5 grams of cocaine with intent to sell, a Class C felony, and in count two of the lesser included offense of facilitation of attempted possession of more than 0.5 grams of cocaine with intent to deliver, a Class D felony. The trial court sentenced Defendant as a Range III, persistent offender, to concurrent sentences of twelve years for each conviction, for an effective sentence of twelve years. On appeal, Defendant challenges the sufficiency of the convicting evidence and the trial court’s sentencing determinations. After a thorough review, we conclude as plain error that Defendant’s dual convictions violate double jeopardy principles. Accordingly, we merge Defendant’s conviction of facilitation of attempted possession of cocaine with intent to deliver into his conviction of facilitation of possession of cocaine with intent to sell. We affirm the trial court’s judgment as to Defendant’s conviction of facilitation of possession of cocaine with intent to sell and his sentence of twelve years. We remand solely for the correction and entry of an appropriate judgment consistent with this opinion. |
Shelby | Court of Criminal Appeals | |
Jason Lee White A/K/A/ Jason Broadnax v. State of Tennessee
Petitioner, Jason Lee White, appeals the post-conviction court's dismissal of his petition for post-conviction relief. Petitioner pled guilty in September of 1996 to two counts of aggravated robbery and one count of attempted aggravated robbery. As a result, he was sentenced to an effective sentence of twenty-three and one-half years. On May 19, 2008, Petitioner filed a petition for post-conviction relief. Petitioner filed a supplemental petition for post-conviction relief on September 8, 2008. The post-conviction court dismissed the petition on September 24, 2008, holding that "Blakely violations do not apply retroactively to cases on collateral appeal." Petitioner then filed a "Motion/petition to Vacate Final Order and Judgment" on April 20, 2009, and a notice of appeal on May 11, 2009. We determine that the petition for post-conviction relief was properly dismissed because it was time-barred and Petitioner failed to show that the statute of limitations should be tolled. Accordingly, the judgment of the post-conviction court is affirmed. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Lia Bonds
Following a jury trial, Defendant, Lia Bonds, was convicted of second degree murder, and the trial court sentenced her as a Range I, standard offender, to twenty years. Defendant’s conviction was affirmed on appeal. State v. Lia Bonds, No. W2006-01943-CCA-R3-CD, 2007 WL 3254711 (Tenn. Crim. App., at Jackson, Nov. 2, 2007). This Court, however, vacated Defendant’s sentence because she was improperly sentenced under the 2005 amendments to the 1989 Sentencing Act. On remand, Defendant waived her ex post facto rights to be sentenced under the 1989 Sentencing Act, and the trial court sentenced Defendant under the 2005 amendments to twenty years. On appeal, Defendant argues that the trial court erred in determining the length of her sentence. After a thorough review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Gerald Eugene Rogers
Following a jury trial, Defendant was found not guilty of violating the open container law, a Class C misdemeanor, and was found guilty of driving under the influence (seventh offense), a Class E felony. The trial court found that Defendant violated the implied consent law and revoked his driver’s license for one year. The trial court sentenced Defendant as a Range I, standard offender, to two years to be served on probation after serving one hundred and sixty days in confinement. On appeal, Defendant challenges the sufficiency of the convicting evidence. Specifically, Defendant argues that the evidence was insufficient to support a finding that he was driving on a public road at the time of the incident or a finding that he was driving under the influence of alcohol. After a thorough review, we affirm the judgment of the trial court. |
Fayette | Court of Criminal Appeals | |
State of Tennessee v. Larry Edward Moore, Jr.
Following a jury trial, Defendant, Larry Edward Moore, Jr., was convicted of carjacking, a Class B felony. The trial court sentenced Defendant as a Range III, career offender, to thirty years. On appeal, Defendant challenges the sufficiency of the convicting evidence and also argues that the trial court erred (1) in not redacting certain statements from Defendant’s statement to the police which was introduced as an exhibit at trial; (2) in limiting Defendant’s cross-examination of the victim about her use of drugs and whether she had received any compensation from the Victim’s Compensation Fund; and (3) in denying Defendant’s motion for a mistrial. After a thorough review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Dennis Jarrett v. State of Tennessee
The petitioner, Dennis Jarrett, proceeding pro se, appeals the Madison County Circuit Court’s denial of his petition for post-conviction relief. In two separate cases, the petitioner was convicted of two counts of driving after being declared a habitual motor vehicle offender, felony reckless endangerment, felony evading arrest, possession of drug paraphernalia, violation of the implied consent law, failure to appear, and violation of the open container law. On appeal, he contends that the post-conviction court erred in denying relief. Specifically, he contends that he was denied his right to the effective assistance of counsel based upon: (1) trial counsel’s failure to properly challenge that the traffic stop was based on reasonable suspicion in Case No. C07-351; (2) trial counsel’s failure to object to inadmissible hearsay in Case No. 07-385; (2) the judge’s application of enhancement factors not found by the jury; and (3) the cumulative effect of trial counsel’s errors. Following review of the record, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals |