State of Tennessee v. Marcus Puckett
The Defendant, Marcus Puckett, was convicted by a jury of driving under the influence (“DUI”) and DUI per se. See Tenn. Code Ann. § 55-10-401. The trial court merged the two charges, and the Defendant was sentenced to eleven months twenty-nine days, with all but seven days suspended, to be followed by supervised probation. On appeal, the Defendant makes the following arguments: (1) that the trial court erred in denying his motion to suppress evidence of his blood-alcohol level based on an illegal search and seizure; (2) that the trial court erred in concluding that the State met its burden in proving compliance with State v. Sensing, 843 S.W.2d 412 (1992), and thus, should not have allowed the testing officer to testify regarding the results of his breath-alcohol test; and (3) that his constitutional rights were violated because the trial court failed to conduct a hearing pursuant to Momon v. State, 18 S.W.3d 152 (Tenn. 1999), following his decision not to testify at trial. Following our review, we affirm the trial court’s denial of the motion to suppress based on an illegal search and seizure. We further hold that the trial court improperly concluded that the State complied with the Sensing requirements, and we therefore reverse the Defendant’s conviction and remand to the trial court for proceedings consistent with this opinion. Finally, although we conclude that the trial court’s failure to conduct a Momon hearing was plain error, we hold that such error does not necessitate further action from the trial court at this time because we have ordered a new trial on other grounds. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Rudy Vincent Dunn
Appellant, Rudy Vincent Dunn, entered a plea without a recommended sentence to one count of possession of not less than one-half ounce nor more than ten pounds of marijuana with intent to sell or deliver, a Class E felony. Following a separate sentencing hearing, the trial court sentenced him to serve one year and ninety days in confinement. In this appeal, appellant challenges the trial court’s denial of his request for alternative sentencing. Upon our review, we affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Russell Brown
The Defendant, Russell Brown, was convicted by a Bradley County jury of first degree premeditated murder and aggravated arson for which he received concurrent sentences of life with the possibility of parole and 20 years, respectively. On appeal, the Defendant argues that the evidence is insufficient to sustain his convictions and that the trial court erred in refusing to give a self-defense jury instruction. Upon our review, we affirm the judgment of the trial court. |
Bradley | Court of Criminal Appeals | |
In Re Shaneeque M.
This is a parental rights termination appeal brought by the mother. The trial court found clear and convincing evidence to support the grounds for termination and clear and convincing evidence that termination was in the child’s best interest. The mother appeals. We affirm. |
Blount | Court of Appeals | |
State of Tennessee v. William R. Holt
The Defendant, William R. Holt, was convicted of second degree murder and aggravated robbery upon his “best interest” guilty pleas. See T.C.A. §§ 39-13-210 (2014), 39-13-402 (2014). As part of the plea agreement, he accepted a thirty-year sentence at 100% service for second degree murder and a concurrent twelve-year sentence at 100% service for aggravated robbery. Almost two years later, the Defendant filed a motion pursuant to Tennessee Criminal Procedure Rule 36.1 requesting that the trial court correct errors in the judgments relative to his offender classification. The trial court summarily dismissed the motion. On appeal, he contends that the trial court erred in dismissing his motion. We affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Ladell Walker
A Shelby County Criminal Court Jury convicted the appellant, Ladell Walker, of assault, a Class A misdemeanor, and the trial court sentenced him to nine months in confinement. On appeal, the appellant contends that the evidence is insufficient to support the conviction. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Richard Lowell Blanchard, II v. David Osborne, Warden, et al
The Petitioner, Richard Lowell Blanchard, II, filed a petition for writ of habeas corpus, seeking relief from nine misdemeanor convictions spread across four separate indictments for which he received four consecutive sentences of 11 months 29 days. The habeas corpus court denied the petition, and the Petitioner appeals. Upon review, we affirm the judgment of the habeas corpus court. |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. David Andrew Oliver
A Knox County Criminal Court Jury convicted the appellant, David Andrew Oliver, of rape of a child, a Class A felony, and the trial court sentenced him to twenty-five years to be served at 100%. On appeal, the appellant contends that the trial court erred by denying his motion to suppress his confession to police and by limiting his cross-examination of the victim about her prior inconsistent statements. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Wayne Sellers
Defendant, Wayne Sellers, was indicted by the Shelby County Grand Jury for one count of aggravated rape. After a jury trial, Defendant was convicted as charged in the indictment. As a result, he was sentenced to twenty-three years as a Range I, standard offender and ordered to serve 100% of the sentence as an aggravated rapist. On appeal, Defendant challenges the sufficiency of the evidence and the admission of photographs of the victim’s genitalia at trial. After a thorough review of the record, we determine that the evidence was sufficient to support the conviction and that the trial court did not err in admitting the photographs. Accordingly, the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
Ronald Shipley v. State of Tennessee
The petitioner, Ronald Shipley, appeals the summary dismissal of his petition for writ of habeas corpus, claiming that illegality in his sentence for his conviction of rape of a child renders the judgment void. Discerning no error, we affirm the dismissal of the petition. |
Lauderdale | Court of Criminal Appeals | |
Jarvis Taylor v. State of Tennessee
Petitioner, Jarvis Taylor, was convicted of first degree felony murder and especially aggravated robbery in Shelby County. His convictions and effective life sentence were affirmed on direct appeal. See Jarvis Taylor v. State, W2005-01966-CCA-R3-CD, 2006 WL 2242096, at *1 (Tenn. Crim. App. Aug. 4, 2006), perm. app. denied (Tenn. Oct 30, 2006). In January 2014, over seven years after Petitioner’s convictions were affirmed on appeal, Petitioner sought post-conviction relief. The trial court dismissed the petition as untimely. Petitioner appeals from the Shelby County Criminal Court’s summary dismissal of his petition for post-conviction relief. We determine that the post-conviction court properly dismissed the petition without an evidentiary hearing where there were no grounds upon which to toll the statute of limitations. Accordingly, the judgment of the post-conviction court is affirmed. |
Shelby | Court of Criminal Appeals | |
Demond Hughlett v. State of Tennessee
The Petitioner, Demond Hughlett, appeals the denial of his petition for post-conviction relief. He argues that counsel was ineffective in failing to obtain a determination from a medical expert or the court regarding his competency to stand trial and in failing to inform him of his right to file a motion to reduce his sentence or to appeal his sentence. The Petitioner also argues that counsel’s errors rendered his guilty plea involuntary and unknowing. Upon review, we affirm the denial of post-conviction relief. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Silio Hilerio-Alfaro, Pablo Chavez and Isidro Perez
The Defendant-Appellant, Silio Hilerio-Alfaro, was convicted as charged by a Shelby County Criminal Court jury of one count of possession of .5 grams or more of cocaine with the intent to sell, one count of possession of .5 grams of more of cocaine with the intent to deliver, and one count of possession of a firearm with the intent to go armed during the commission of a dangerous felony. The trial court merged the delivery count with the sale count and imposed an effective sentence of eleven years. On appeal, the Defendant-Appellant challenges the sufficiency of the evidence to sustain his convictions. Upon review, we reverse the judgments of the trial court and vacate the Defendant-Appellant’s convictions. |
Shelby | Court of Criminal Appeals | |
Centimark Corporation v. Maszera Company, LLC.
This suit arises as a result of a contract to install a roof on a commercial building. The building’s owner argued that the roof has leaked since its installation and that the roofer would not or could not satisfactorily repair it. The roofer asserted that the roof had experienced some leaks but that all had been repaired. The roofer alleged that it had performed according to the contract and sued for total payment. The owner of the building alleged, inter alia, that the roofer breached the contract by failing to provide adequate materials and proper workmanship and filed a counter-complaint. The trial court issued its ruling in favor of the building owner on the counter-complaint and awarded $220,374.96 in damages. The court dismissed the roofer’s suit. The court also dismissed the building owner’s other claims against the roofer for deceptive business practices and for filing an improper lien. Both sides appeal. We affirm. |
Knox | Court of Appeals | |
Marty Joe Kelley v. State of Tennessee
The Petitioner, Marty Joe Kelley, appeals the Rutherford County Circuit Court’s denial of his petition for post-conviction relief from his convictions for five counts of rape of a child, three counts of aggravated sexual battery, nine counts of rape without consent, eighteen counts of especially aggravated sexual exploitation of a minor, and two counts of soliciting sexual exploitation of a minor and resulting effective sentence of thirty-six years to be served at 100%. On appeal, the Petitioner contends that he received the ineffective assistance of counsel at trial. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Eric T. Gilbert
The defendant, Eric T. Gilbert, appeals the Robertson County Circuit Court’s order revoking his probation and ordering him to serve the balance of his five-year sentence in confinement. Discerning no error, we affirm |
Robertson | Court of Criminal Appeals | |
Steve Carl King v. State of Tennessee
The Petitioner, Steve Carl King, appeals the Giles County Circuit Court’s denial of his petition for post-conviction relief from his conviction of attempted first degree premeditated murder and resulting twenty-two-year sentence. On appeal, the Petitioner raises numerous claims regarding his receiving the ineffective assistance of counsel. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. Atosha Dominique Moore
The appellant, Atosha Dominique Moore, pled guilty in the Davidson County Criminal Court to two counts of aggravated robbery, and the trial court imposed a total effective sentence of ten years in the Tennessee Department of Correction. On appeal, he challenges the length of the sentences imposed by the trial court. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Joseph Caronna
The Defendant-Appellant, Joseph Caronna, was convicted by a Shelby County jury of first degree murder of his wife and sentenced to life imprisonment in the Department of Correction. On appeal, he argues that his right to a speedy trial was violated and that the evidence was insufficient to support his conviction. He also argues that the trial court erred in admitting certain evidence, including prior acts of financial fraud; bad acts relating to the victim’s mother; an extramarital affair; and the victim’s statements concerning the closing on a new house. After a thorough review, we discern no reversible error and affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Terry Norris
In this procedurally complex case, a Shelby County jury convicted the Defendant, Terry Norris, of second degree murder in 1999, and the trial court sentenced him to twenty-one years of incarceration. After several proceedings and filings, discussed in detail below, the U.S. Sixth Circuit granted the Defendant habeas corpus relief unless the State allowed the Defendant to reopen his original direct appeal and raise an issue regarding whether his confession should have been suppressed pursuant to County of Riverside v. McLaughlin, 500 U.S. 44 (1991). The State allowed the Defendant to reopen his appeal. On appeal, the Defendant contends that the trial court erred when it denied his motion to suppress his confession to police because he gave his confession after being held for more than forty-eight hours without a probable cause hearing. After a thorough review of the record and the applicable authorities, we conclude that we must address the issue before us for plain error. After conducting our plain error review, we conclude that the Defendant is not entitled to relief. |
Shelby | Court of Criminal Appeals | |
In Re: Cidney L.
Mother appeals the trial court’s termination of her parental rights. She argues that the trial court erred in holding that clear and convincing evidence established that she engaged in conduct exhibiting a wanton disregard for the welfare of the child prior to her incarceration and that termination was in the child’s best interest. We have determined that there is clear and convincing evidence in the record to support both of the trial court’s findings. We affirm. |
Crockett | Court of Appeals | |
Commercial Painting Company, Inc. v. The Weitz Company, LLC et al.
In this construction contract dispute, the trial court granted summary judgment in favor of the defendant general contractor as to all of the plaintiff subcontractor’s tort claims. The parties proceeded to trial on the remaining issues and judgment was awarded in favor of the subcontractor. Both parties raise numerous issues on appeal. Because we conclude that the trial court applied an improper standard in granting summary judgment, we vacate the order of summary judgment in favor of the general contractor. In addition, because the subcontractor’s tort claims may alter the remaining issues in this case, we decline to consider the remaining issues raised by the parties. Vacated and remanded. |
Shelby | Court of Appeals | |
State of Tennessee v. Jaleel Jovan Stovall
The Defendant, Jaleel Jovan Stovall, was convicted by a jury of rape of a child, and the trial court imposed a twenty-five-year sentence at 100% for this conviction. In this direct appeal, the Defendant argues that the evidence is insufficient to support his conviction beyond a reasonable doubt because he was mistaken as to the victim’s age. Deeming the evidence sufficient, we affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
Travis F. Chapman v. State of Tennessee
Petitioner, Travis F. Chapman, pled guilty to attempted second degree murder and was sentenced to twelve years in incarceration as a Range I, Standard Offender. Petitioner timely filed a petition for post-conviction relief in which he alleged that he received ineffective assistance of counsel and that his guilty plea was unknowing and involuntary. The postconviction court denied relief, finding that Petitioner failed to prove his claims by clear and convincing evidence. After a review of the record and applicable authorities, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
James E. Hurd v. State of Tennessee
The Petitioner, James E. Hurd, appeals as of right from the Madison County Circuit Court’s denial of his petition for post-conviction relief. On appeal, the Petitioner contends that his trial counsel was ineffective for failing to obtain certain discovery materials, failing to adequately communicate with him, and failing to interview and call several character witnesses at trial. Following our review, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals |