State of Tennessee v. Cornelius O. Williams
M2011-01169-CCA-R3-CD
Appellant, Cornelius O. Williams, appeals the trial court’s denial of his motion to withdraw his guilty pleas. Appellant pled guilty to one count of rape of a child, two counts of especially aggravated sexual exploitation of a minor, and one count of aggravated sexual battery. He received an effective thirty-three year sentence to be served in confinement. The State raises an issue regarding appellant’s untimely notice of appeal. After considering the merits, we hold that the trial court properly denied appellant’s motion to withdraw his guilty pleas and affirm the judgment of the trial court.
Authoring Judge: Judge Roger A. Page
Originating Judge:Judge Michael R. Jones |
Montgomery County | Court of Criminal Appeals | 06/08/12 | |
State of Tennessee v. Troy Lee McDonald
M2011-01872-CCA-R3-CD
After a bench trial, the Hickman County Circuit Court convicted the appellant, Troy Lee McDonald, of sexual battery, a Class E felony. The trial court sentenced him to two years to be served as thirty days in confinement and the remainder on supervised probation. On appeal, the appellant contends that the trial court should have granted his request for full probation. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge James G. Martin, III |
Hickman County | Court of Criminal Appeals | 06/08/12 | |
State of Tennessee v. Robbie E. Pickett
M2011-02087-CCA-R3-CD
The defendant, Robbie E. Pickett, pleaded nolo contendere to one count of leaving the scene of an accident involving injury, see T.C.A. § 55-10-101. At sentencing, the trial court imposed a sentence of 11 months and 29 days’ confinement to be served at 75 percent before reaching release eligibility. On appeal, the defendant argues that the trial court improperly considered as enhancement its opinion that the facts of the case supported a greater charge and that the sentence is excessive. Discerning no error, we affirm the judgment of the trial court.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Thomas W. Graham |
Marion County | Court of Criminal Appeals | 06/08/12 | |
Ricky Lee Morgan v. State of Tennessee
M2011-02129-CCA-R3-PC
Much aggrieved by his convictions of aggravated rape and robbery and resulting 23-year sentence of imprisonment, the petitioner, Ricky Lee Morgan, filed a timely petition for post-conviction relief alleging that his guilty pleas were involuntarily and unknowingly entered due to the ineffective assistance of counsel. Following the appointment of counsel and an evidentiary hearing, the post-conviction court denied relief. Discerning no error, we affirm the post-conviction court’s order.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Mark J. Fishburn |
Davidson County | Court of Criminal Appeals | 06/07/12 | |
William E. Wright v. State of Tennessee
M2011-01461-CCA-R3-PC
Following his Davidson County Criminal Court jury convictions of conspiracy to possess with the intent to sell 26 grams or more of cocaine, two counts of facilitation of the sale of 26 grams or more of cocaine, and possession of 26 grams or more of cocaine for resale, the petitioner filed a petition for post-conviction relief alleging that his convictions were caused by the ineffective assistance of counsel. After an evidentiary hearing, the post-conviction court denied relief. Discerning no error, we affirm the order of the post-conviction court.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Cheryl Blackburn |
Davidson County | Court of Criminal Appeals | 06/07/12 | |
State of Tennessee v. Evan Deyo
W2011-01179-CCA-R3-CD
After being indicted for driving under the influence of intoxicants (DUI), reckless driving, and violation of the implied consent law, Defendant, Evan Deyo, entered into a negotiated plea agreement and reserved a certified question of law for appeal. The question reserved for appeal specifically states the issue as: “whether the Court erred in denying the Defendant’s Motion to Dismiss based on the fact that his pre-trial detention was not for a valid remedial purpose but rather was punitive.” After review of the record and the briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Paula Skahan |
Shelby County | Court of Criminal Appeals | 06/06/12 | |
Jesse Wade Glover v. State of Tennessee
W2010-01679-CCA-R3-PC
Petitioner, Jesse Wade Glover, appeals from the post-conviction court’s denial of post conviction relief. Petitioner was convicted following a jury trial of facilitation of the promotion of methamphetamine manufacture, a Class E felony, and sentenced by the trial court as a Range II, multiple offender, to four years incarceration. This Court affirmed Petitioner’s conviction on direct appeal. State v. Jesse Wade Glover, No. W2008-00185- CCA-R3-CD, 2009 WL 2015230 (Tenn. Crim. App. at Jackson, filed July 13, 2009), perm. app. denied (Tenn., Nov. 23, 2009). A summary of the facts underlying Defendant’s conviction can be found in this Court’s opinion cited above. Defendant timely filed a pro se petition for post-conviction relief, asserting as grounds that he received the ineffective assistance of counsel at trial. Petitioner was appointed counsel to represent him. Following an evidentiary hearing, the post-conviction court denied relief. After a careful review of the record, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge William B. Acree Jr. |
Obion County | Court of Criminal Appeals | 06/06/12 | |
State of Tennessee v. Demance Beasley
M2011-00228-CCA-R3-CD
A Davidson County jury convicted the Defendant, Demance Beasley, of first degree felony murder, aggravated assault, and possession of .5 grams or more of cocaine with the intent to sell or deliver. The trial court sentenced the Defendant to an effective sentence of life in the Tennessee Department of Correction. On appeal, the Defendant asserts that the evidence is insufficient to sustain his conviction for felony murder because the State’s witnesses provided inconsistent testimony and were not credible. After a thorough review of the record and applicable law, we affirm the trial court’s judgments.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Monte D. Watkins |
Davidson County | Court of Criminal Appeals | 06/06/12 | |
Cleven Johnson v. State of Tennessee
E2011-01621-CCA-R3-PC
The Petitioner, Cleven Johnson, pled guilty to several charges that spanned six different cases: one count of attempting to sell more than .5 grams of cocaine within a drug-free zone; three counts of possession of a weapon in the commission of a felony; one count of evading arrest; two counts of driving on a suspended license; two counts of driving without insurance; one count of driving under the influence, first offense; one count of simple possession of marijuana; one count of possession of a weapon; two counts of aggravated burglary; six counts of attempted especially aggravated kidnapping; one count of aggravated robbery; two counts of aggravated assault; one count of attempted aggravated sexual battery; one count of especially aggravated burglary; and one count of attempted first degree murder. The plea agreement included a total effective sentence of forty years. The Petitioner filed a petition for post-conviction relief, and the post-conviction court dismissed the petition after holding a hearing. On appeal, the Petitioner contends that he received the ineffective assistance of counsel. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s dismissal of his petition.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Jon Kerry Blackwood |
Knox County | Court of Criminal Appeals | 06/06/12 | |
State of Tennessee v. Weldon Christopher Frazier
E2010-01822-CCA-R3-CD
The Defendant, Weldon Christopher Frazier, was found guilty by a Knox County Criminal Court jury of two counts of aggravated sexual battery, a Class B felony. See T.C.A. § 39-13-504 (2010). The trial court merged the convictions and sentenced the Defendant as a Range I, standard offender to eight years’ confinement. On appeal, the Defendant contends that the trial court erred by (1) denying his motion to suppress his initial statements to the police, (2) not granting a mistrial after a witness for the State mentioned polygraphs, plea negotiations, and used the word “confession” to characterize the Defendant’s statements to the police, and (3) refusing to give a jury instruction regarding his not fleeing. We affirm the judgment of the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Bob R. McGee |
Knox County | Court of Criminal Appeals | 06/05/12 | |
Dwight Randy Rowe v. State of Tennessee
M2011-01148-CCA-R3-PC
The Petitioner, Dwight Randy Rowe, pled guilty to sale of a controlled substance in a drug-free school zone and to possession of a weapon during the commission of a dangerous felony. The trial court sentenced him to an effective sentence of eleven years in the Tennessee Department of Correction. The Petitioner filed a petition for post-conviction relief, claiming his trial counsel was ineffective because he incorrectly advised him of parole eligibility and failed to throughly investigate the case or prepare a defense. After an evidentiary hearing, the post-conviction court dismissed the petition. After a thorough review of the record and applicable law, we affirm the post-conviction court’s judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Steve Dozier |
Davidson County | Court of Criminal Appeals | 06/05/12 | |
State of Tennesee vs. James Britt
W2010-02090-CCA-R3-CD
A Shelby County Grand Jury returned an indictment against Defendant, James Britt, charging him with premeditated first degree murder. Following a jury trial, Defendant was convicted of the offense and received a life sentence. On appeal, Defendant argues that the evidence was insufficient to support his conviction and that the trial court erred in admitting two autopsy photographs. After a thorough review, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge W. Mark Ward |
Shelby County | Court of Criminal Appeals | 06/05/12 | |
Jason M. Justice v. State of Tennessee
W2010-02646-CCA-R3-PC
Petitioner, Jason M. Justice, appeals from the trial court’s denial of his petition for postconviction relief. Petitioner was convicted following a jury trial of first degree murder and sentenced by the trial court to life imprisonment. This Court affirmed Petitioner’s conviction on direct appeal. State v. Jason M. Justice, No. W2008-01009-CCA-R3-CD, 2009 WL 1741398 (Tenn. Crim. App. at Jackson, June 15, 2009), perm. app. denied (Tenn., Nov. 23, 2009). An appellate summary of the facts underlying Petitioner’s conviction can be found at this Court’s opinion cited herein. In this appeal as of right, Petitioner asserts: 1) that he received the ineffective assistance of counsel at trial; 2) that he received the ineffective assistance of counsel at the post-conviction proceedings; and 3) the post-conviction court erred by denying Petitioner’s requests to have his post-conviction counsel relieved and the post-conviction hearing continued. After a careful review of the record, we find no error and affirm the judgment of the post-conviction court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Jude Roger A. Page |
Madison County | Court of Criminal Appeals | 06/05/12 | |
State of Tennessee v. Jacob Aaron Faulkner
M2011-00801-CCA-R3-CD
The Defendant, Jacob Aaron Faulkner, pled guilty to driving under the influence (DUI), first offense. Under the terms of the agreement, he received a sentence of eleven months and twenty-nine days in the county jail, suspended to probation following the service of forty-eight hours. As part of the plea agreement, the Defendant reserved a certified question of law challenging the trial court’s denial of his motion to suppress the evidence resulting from his traffic stop: whether the officer had reasonable suspicion to believe he violated the “move over law.” After our review of the record, we dismiss the appeal because the Defendant failed to file a timely notice of appeal and there is no reason justifying waiver of the filing requirement.
Authoring Judge: Judge D. Kelly Thomas, Jr.
Originating Judge:Judge Dee David Gay |
Sumner County | Court of Criminal Appeals | 06/01/12 | |
State of Tennessee v. David Edward Niles
M2011-01412-CCA-R3-CD
The Defendant-Appellant, David Edward Niles, was convicted by a Bedford County jury of first degree premeditated murder and was sentenced by the trial court to life imprisonment. On appeal, Niles argues: (1) the trial court erred in denying his motion to suppress evidence seized during the search of his residence; (2) the evidence was insufficient to sustain his conviction; and (3) the trial court abused its discretion in denying his ex parte motion for funds for a psychiatrist. Upon review, we affirm the judgment of the trial court.
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge Robert G. Crigler |
Bedford County | Court of Criminal Appeals | 06/01/12 | |
State of Tennessee v. Tracy Direll Woodard
M2011-01570-CCA-R3-CD
The defendant, Tracy Direll Woodard, entered open guilty pleas to three counts of the sale of less than .5 grams of cocaine, see T.C.A. § 39-17-417(c)(2)(A); three counts of the delivery of less than .5 grams of cocaine, see id.; sale of a counterfeit controlled substance, see id. § 39-17-423(a)(1); and delivery of a counterfeit controlled substance, see id. § 39-17-423(a)(2). At sentencing, the trial court merged each delivery conviction into the corresponding sale conviction and imposed an effective sentence of 16 years’ incarceration. On appeal, the defendant argues that the sentences are excessive. We affirm the sentencing decision of the trial court. On remand, however, we direct the trial court to correct the judgments to properly effectuate merger of the alternative counts of sale and delivery.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Lee Russell |
Bedford County | Court of Criminal Appeals | 05/31/12 | |
Timothy L. Jefferson v. State of Tennessee
M2011-01653-CCA-R3-CO
The petitioner, Timothy L. Jefferson, appeals from the summary dismissal of his petition for writ of error coram nobis which challenged his 2001 guilty-pleaded conviction of second degree murder. Discerning no error, we affirm.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Cheryl Blackburn |
Davidson County | Court of Criminal Appeals | 05/31/12 | |
Edward Jerome Harbison v. State of Tennessee
E2011-01711-CCA-R3-PC
Petitioner, Edward Jerome Harbison, appeals the Hamilton County Criminal Court’s summary dismissal of his petition for writ of error coram nobis seeking relief from his 1983 convictions for first degree murder, second degree burglary, and grand larceny. Petitioner claims that an order of a previous coram nobis court establishes a new predicate for review. Petitioner also claims that a statement of a prosecutor during a previous hearing constitutes “new evidence.” Following our review, we affirm the judgment of the error coram nobis court.
Authoring Judge: Judge Roger A. Page
Originating Judge:Judge Jon Kerry Blackwood |
Hamilton County | Court of Criminal Appeals | 05/31/12 | |
State of Tennessee v. Terry Bonds
E2011-01199-CCA-R3-CO
Appellant, Terry Bonds, appeals the trial court’s revocation of his probation, claiming that the trial court did not have jurisdiction to revoke his probation because his sentence had expired. Appellant also claims that the trial court abused its discretion by revoking his probation. The State contends that this court should dismiss the appeal because the notice of appeal was untimely and deficient in form. Finding no error, we affirm the judgment of the trial court.
Authoring Judge: Judge Roger A. Page
Originating Judge:Judge Don W. Poole |
Hamilton County | Court of Criminal Appeals | 05/31/12 | |
Danny Miller v. State of Tennessee
E2011-00498-CCA-R3-PC
The Petitioner, Danny Miller, appeals the Knox County Criminal Court’s denial of his petition for post-conviction relief from his 1979 conviction of criminal sexual conduct in the first degree and resulting life sentence. On appeal, he argues that the post-conviction court erred by denying his petition to test DNA evidence pursuant to the Post-Conviction DNA Analysis Act of 2001. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the post-conviction court’s denial of the petition.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 05/31/12 | |
Melvin J. Reed, Jr. v. State of Tennessee
M2011-02022-CCA-R3-PC
The petitioner, Melvin J. Reed, Jr., appeals the summary dismissal of his petition for post-conviction relief as untimely. In this appeal, he asserts that the post-conviction court erred by summarily dismissing his petition because principles of due process require the tolling of the statute of limitations in his case. Because we agree that the petitioner alleged grounds for due process tolling of the post-conviction statute of limitations, we reverse the dismissal of his petition and remand the case for a hearing to determine whether due process requires tolling of the statute of limitations.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Steve Dozier |
Davidson County | Court of Criminal Appeals | 05/31/12 | |
State of Tennessee v. Vincent D. Steele
M2011-02330-CCA-R3-CD
Following his guilty pleas to reckless aggravated assault, assault, and possession with intent to sell .5 grams or more of cocaine, the Montgomery County Circuit Court sentenced the defendant, Vincent D. Steele, as a Range I, standard offender to concurrent terms of four years, 11 month and 29 days, and 11 years’ imprisonment, respectively, to be served consecutively to a previously-imposed sentence. On appeal, the defendant argues that the sentence imposed was excessive both in length and manner of service. Discerning no error, we affirm the judgments of the trial court.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Michael R. Jones |
Montgomery County | Court of Criminal Appeals | 05/31/12 | |
Leslie Raydell Jones v. State of Tennessee
M2011-01128-CCA-R3-PC
The petitioner, Leslie Raydell Jones, appeals the post-conviction court’s denial of his petition for post-conviction relief, arguing he received the ineffective assistance of counsel. After review, we affirm the denial of the petition.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Robert G. Crigler |
Bedford County | Court of Criminal Appeals | 05/30/12 | |
Jonathan Lawrence v. State of Tennessee
M2010-02548-CCA-R3-PC
The Petitioner, Jonathan Lawrence, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his convictions of two counts of especially aggravated kidnapping, one count of aggravated kidnapping, three counts of aggravated robbery, and resulting effective sentence of twenty-five years in confinement. On appeal, the Petitioner contends that he did not plead guilty knowingly, intelligently, and voluntarily. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Steve Dozier |
Davidson County | Court of Criminal Appeals | 05/30/12 | |
Jamiel D. Williams v. State of Tennessee
M2011-01316-CCA-R3-PC
The petitioner, Jamiel D. Williams, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he received effective assistance of counsel. Following our review, we affirm the denial of the petition
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 05/30/12 |