Ronald E. Walker v. Ricky Bell, Warden
The Petitioner, Ronald E. Walker, filed a pro se petition for a writ of habeas corpus. The habeas corpus court denied relief, and the Petitioner filed a timely notice of appeal. On appeal, the Petitioner contends that he received an illegal sentence that was used to enhance the sentence that he is presently serving. He also asserts that the sentence that he is presently serving is void on its face. Finding no reversible error, we affirm the judgment of the habeas court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jimmy Daniel Prater
A Wayne County Jury convicted the defendant of four hunting related offenses. The trial court sentenced the defendant to an effective sentence of seventy days, to serve forty-two days in incarceration with the remainder suspended. The defendant argues on appeal that he should have been granted probation with regard to his entire sentence. After a review of the record, we affirm the judgments of the trial court. |
Wayne | Court of Criminal Appeals | |
Ricky Dale McDonald v. Tony Parker, Warden
The petitioner, Ricky Dale McDonald, appeals the denial of his petition for writ of habeas corpus relief. He argues that he is currently held on an expired sentence that should be shortened due to post-conviction relief he was awarded in 1989. After careful review, we conclude that the petitioner is not presently held on an expired sentence and affirm the judgment of the trial court. |
Lake | Court of Criminal Appeals | |
Torrence Ladovia Reed v. State of Tennessee
The petitioner, Torrence Ladovia Reed, pled guilty in the Circuit Court for Giles County to four counts of sale of cocaine (Class B felony), two counts of delivery of cocaine (Class B felony), one count of conspiracy to deliver cocaine (Class C felony), six counts of conspiracy to sell cocaine (Class C felony), and one count of sale of marijuana (Class E felony). He received a total effective sentence of twenty-eight years. He filed a petition for post-conviction relief and alleged that his pleas were involuntary because his counsel was ineffective in failing to properly explain to him the difference between consecutive and concurrent sentences. After careful review, we find no grounds for which to grant relief, and we affirm the judgment of the post-conviction court. |
Giles | Court of Criminal Appeals | |
James D. West v. Kenneth W. Locke, Warden
Petitioner, James D. West, entered guilty pleas in the Madison County Criminal Court to driving after having been declared a habitual motor vehicle offender, two counts of aggravated assault and two counts of reckless endangerment. He received an effective sentence of four years. On October 4, 2005, the petitioner filed a pro se petition for writ of habeas corpus in the Davidson County Criminal Court alleging that his sentence had expired. On January 5, 2006, the trial court dismissed the petition without an evidentiary hearing or the appointment of counsel. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Milburn L. Edwards v. Cherry Lindamood, Warden
Petitioner, Milburn L. Edwards, was convicted by a Davidson County jury of twenty-one counts of rape, two counts of first degree burglary, two counts of aggravated burglary, one count of second degree burglary, one count of aggravated rape, one count of assault with intent to commit rape and one count of robbery. He received an effective sentence of life plus 415 years, which was later modified to life plus 195 years on appeal. State v. Edwards, 868 S.W.2d 682 (Tenn. Crim. App. 1993). A petition for post-conviction relief was denied by the trial court and the denial was affirmed on appeal. Milburn L. Edwards v. State, No. M2002-02124-CCA-R3-PC, 2003 WL 23014683 (Tenn. Crim. App. at Nashville, Dec. 15, 2003). On March 13, 2006, the petitioner filed a pro se petition for writ of habeas corpus challenging his convictions for the failure of the district attorney general to endorse the indictments. The trial court dismissed his petition without the appointment of counsel or an evidentiary hearing. Following our review, we affirm the judgment of the trial court. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. LaCorey Damont McKissack
A Williamson County Criminal Court jury convicted the defendant, LaCorey Damont McKissack, of selling 0.5 grams or more of cocaine, a Class B felony, and fixed his fine at $20,000. The trial court approved the fine and sentenced the defendant to 11 years in the Department of Correction as a Range I, standard offender. On appeal, the defendant contends that the fine and sentence are excessive. We disagree and affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
Seth Zamek, et ux. v. Sean O'Donnell, et. al
This case involves an automobile accident that occurred on a road maintained by Madison County. The plaintiff sued the negligent driver who struck his vehicle, the other driver’s parents, and Madison County. Relevant to this appeal, the plaintiff alleged that the design of the road and inadequate signs and road markings contributed to the accident. The trial court granted summary judgment to Madison County, finding that it was immune from suit under the Tennessee Governmental Tort Liability Act. We affirm. |
Madison | Court of Appeals | |
Derrick Sawyers v. State of Tennessee
The Wayne County Circuit Court dismissed Derrick Sawyers’ petition for a writ of habeas corpus |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Leroy Sexton
Following a jury trial, Defendant, Leroy Sexton, was convicted of rape of a child and was sentenced to serve twenty-five years confinement in the Department of Correction. Defendant subsequently filed a motion for new trial which was denied by the trial court. He now appeals arguing that he is entitled to a new trial because (1) he received ineffective assistance of counsel at trial, and (2) the trial court committed reversible error by allowing the prosecutor to make improper statements during closing argument. After a thorough review of the record, we affirm the judgment of the trial court. |
Fentress | Court of Criminal Appeals | |
Diane Jordan, et al. v. Knox County, Tennessee, et al.
In this expedited appeal, the primary issue presented for review is whether Knox County, Tennessee, has a valid governmental charter. A secondary issue is whether a term limits amendment to the county charter should be applied and, if so, to which of the elected county officials. We hold that while Knox County failed to comply with the enabling legislation for instituting a charter form of government, since September 1, 1990, Knox County has been governed under a de facto charter with a county mayor, county commissioners, and other de facto officers. For the reasons set out in this opinion, it is our conclusion that the term limits amendment meets due process guidelines and applies to all elected Knox County Government officials except for the court clerks and the school board member, each of whom is protected by either the state constitution or statute. The judgment of the Knox County Chancery Court, which invalidated both the charter and the amendment, is therefore affirmed in part and reversed in part. |
Knox | Supreme Court | |
Bobby Blackmon v. State of Tennessee
The petitioner, Bobby Blackmon, appeals the denial of his post-conviction petition and asserts that: (1) he was denied a full and fair post-conviction hearing; and (2) he received ineffective assistance of appellate counsel. Upon review, we conclude that the petitioner received a full and fair hearing and effective assistance of appellate counsel. The judgment denying post-conviction relief is affirmed. |
Sumner | Court of Criminal Appeals | |
CitiFinancial Mortgage Company, Inc. v. Augustus Beasley, et al.
Appellants Augustus and Sheila Beasley (the Beasleys) seek to challenge the denial of their request to appeal an adverse unlawful detainer judgment to circuit court and to set aside the foreclosure of their residence. Specifically, the Beasleys appeal the trial court’s grant of summary judgment to CitiFinancial Mortgage, Inc. (Citi) and denial of their petition for writs of certiorari and supersedeas, filed after the deadline for appealing the judgment as of right. The court denied the petition on the grounds that it did not set forth sufficient merits for removal to circuit court for a trial de novo. In the petition for writs of certiorari and supersedeas, the Beasleys advanced as grounds for review the insufficiency of funds for filing a timely appeal and premature foreclosure on their residence in violation of the deed of trust. On appeal, they contend these allegations constituted sufficient merits as required by Tennessee Code Annotated Section 29-18-129. We reverse and remand. |
Tipton | Court of Appeals | |
Michael Dwayne Edwards v. State of Tennessee
Petitioner, Michael Dwayne Edwards, was convicted by a Henry County jury of burglary and received a sentence of nine years as a Range III, persistent offender. His conviction was affirmed on appeal. State v. Michael Dwayne Edwards, No. W1999-00591-CCA-R3-CD, 2000 WL 674671 (Tenn. Crim. App. at Jackson, May 16, 2000), perm. to appeal denied (Tenn. Dec. 4, 2000). On March 22, 2006, the petitioner filed a pro se petition for writ of habeas corpus challenging his classification as a persistent offender. The trial court dismissed his petition without the appointment of counsel or an evidentiary hearing. Following our review, we reverse the judgment of the trial court and remand for appointment of counsel and an evidentiary hearing to determine whether the petitioner received an illegal sentence as the result of an improper range classification. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Robert Barnett
In this case appealed by Defendant Robert Barnett from the Criminal Court of Shelby County, we review the sufficiency of the evidence convicting the defendant of theft of property valued between $1,000 and $10,000 and aggravated burglary. We find the evidence sufficient and affirm the judgments. |
Shelby | Court of Criminal Appeals | |
Charles Jackson v. Shelby County Civil Service Merit Board, et al.
Petitioner/Appellant appeals the trial court’s denial of his appeal under a writ of certiorari arising from the decision of the Shelby County Civil Service Merit Board to terminate his employment with the Criminal Court Clerk’s Office. We affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Eric Williams
The Defendant, Eric Williams, was convicted by a Shelby County jury of aggravated robbery. On appeal, he alleges there was insufficient evidence for any rational jury to convict him of that crime. Finding no reversible error exists, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Christopher Harville v. Olive Hill Lumber Company
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 5-6-225(e) (3) for hearing and reporting of findings of fact and conclusions of law. At trial, the Appellant, Christopher Harville, was awarded benefits for total loss of his left arm. He has appealed alleging that the trial court erred in limiting benefits to those provided for a scheduled member under the Workers' Compensation Law and in not finding him permanently and totally disabled. We affirm. |
Hardin | Workers Compensation Panel | |
State of Tennessee v. Antonio D. Adams
Appellant appeals the Criminal Court of Shelby County’s dismissal of his appeal from the Juvenile Court of Shelby County. The Criminal Court found that Appellant’s notice of appeal was not timely filed under T.C.A. § 37-1-159. Finding that the Appellant’s appeal was timely, we reverse and remand. |
Shelby | Court of Appeals | |
State of Tennessee v. Efrem Ira McCory, aka Efrem Hampton
Following a revocation hearing, the trial court revoked the probation of Defendant, Efrem Ira McCory, and ordered him to serve his two-year sentence in confinement. In his appeal, Defendant argues that the trial court abused its discretion in revoking his probation. After a review of this matter, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Ronnie R. Charleston
The defendant, Ronnie R. Charleston, was convicted of felony murder, especially aggravated robbery, and second degree murder. He was sentenced as a Range III, persistent offender to a total effective sentence of life imprisonment plus fifty-five years. On appeal, he presents two issues for our review: (1) whether the evidence was sufficient to support his convictions; and (2) whether the trial court erred in determining the length and the manner of service of his sentences. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Christopher Neil Schultz v. State of Tennessee
On March 3, 2004, Petitioner, Christopher Schultz, pled guilty to two counts of first degree murder. The trial court sentenced Petitioner to serve two concurrent life sentences. On November 30, 2004, Petitioner filed a petition for post-conviction relief which the post-conviction court subsequently denied. In this appeal, Petitioner argues that the post-conviction court erred in denying him post-conviction relief because his guilty pleas were not knowingly and voluntarily entered. After a thorough review of the record, the judgment of the post-conviction court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Robert Weaver
Following a jury trial, Defendant, Robert Weaver was convicted of one count of robbery, a Class C felony. The trial court sentenced Defendant as a Range II, multiple offender, to ten years. Defendant does not appeal the length of his sentence. Defendant argues, however, 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 | |
Travis Parson v. State of Tennessee
Petitioner, Travis Parson, was convicted of two counts of especially aggravated robbery and one count of criminally negligent homicide. He was sentenced to consecutive sentences of twenty years for each robbery conviction, and a concurrent sentence of two years for his homicide conviction, for a total effective sentence of forty years. On direct appeal, this Court ruled that the record did not support consecutive sentencing, and that dual convictions for especially aggravated robbery violated principles of double jeopardy. We therefore modified one of the convictions to aggravated assault and remanded that conviction for sentencing. His total effective sentence was amended and reduced to twenty years. In September 2004, Petitioner filed a pro se petition for post-conviction relief alleging ineffective assistance of counsel. Counsel was appointed and an amended petition was filed. The post-conviction court subsequently denied relief. Petitioner now appeals that denial arguing that counsel was ineffective for (1) failing to present a second defense of misidentification, and (2) failing to call Petitioner’s mother to “bolster” his alibi. |
Shelby | Court of Criminal Appeals | |
Antonius Harris v. State of Tennessee
Petitioner, Antonius Harris, appeals the dismissal of his petition for post-conviction relief which alleged that his trial counsel rendered ineffective assistance of counsel. Specifically, Petitioner contends that trial counsel’s assistance was ineffective for failure to call certain witnesses at trial. Petitioner also contends that the trial court erred in failing to instruct the jury on self-defense as an affirmative defense and in imposing consecutive sentencing. After a thorough review of the record, we conclude that Petitioner has failed to show any deficiencies in his counsel’s assistance or prejudice for failing to call Petitioner’s suggested witnesses. Petitioner’s challenges to the trial court’s jury instructions and the imposition of consecutive sentencing were raised in Petitioner’s direct appeal and thus have been previously determined. Accordingly, we affirm the judgment of the post-conviction court. |
Gibson | Court of Criminal Appeals |