87 results for 'court:"Tennessee Court of Criminal Appeals"'.
J. Greenholtz finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant pleaded guilty to possession of heroin with intent to sell or deliver, with the length and manner of service to be determined by the court. Defendant received an 18-year sentence, and requested placement in a drug court program followed by community corrections, which the trial court considered; but when defendant was taken into custody, he was found to have heroin and opiates on his person and received new charges. Because of the new charges, defendant was no longer eligible for the drug court program and the trial court ordered him to serve his 18-year sentence. Defendant claims trial counsel was ineffective because he did not seek a competency evaluation due to mental illness, did not seek a continuance for his sentencing hearing, and alleges counsel knew he was not on his mental health medications and was using heroin at the time of the sentencing hearing. The post-conviction court found credibility in counsel’s testimony, and the instant court finds no deficiency in defendant’s representation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Greenholtz, Filed On: February 6, 2024, Case #: M2023-00048-CCA-R3-PC, Categories: Drug Offender, Ineffective Assistance, Sentencing
J. Montgomery finds the lower court properly dismissed defendant’s petition for post-conviction relief. Defendant pleaded guilty to two counts of facilitation of the delivery of marijuana for selling marijuana to a confidential informant. Defendant received an effective 11-month, 29-day sentence. Defendant claims trial counsel was ineffective because he did not advise him that his guilty plea could affect his immigration status. The lower court dismissed the matter finding that it lacked jurisdiction as defendant’s petition was filed outside the one-year statute of limitations, and the evidence did not meet the standard for an exception. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: February 6, 2024, Case #: M2022-01325-CCA-R3-CD, Categories: Drug Offender, Ineffective Assistance, Due Process
J. McMullen finds the lower court properly convicted defendant of two counts of premeditated murder and sentenced him to consecutive life sentences without parole for fatally shooting his stepdaughter’s father and stepmother in the face multiple times. Defendant argues the lower court improperly denied his motion to waive counsel and represent himself at trial, but the instant court finds he did not assert his right to self-representation and it was simply a tactic to be able to select an attorney or delay the trial. While defendant also argues the lower court erred by allowing testimony regarding his alleged sexual abuse of his minor stepdaughter, the instant court finds no error as it was presented as a possible motive for the murders and did not prejudice the defendant. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: February 2, 2024, Case #: E2022-00884-CCA-R3-CD, Categories: Constitution, Evidence, Murder
J. Easter finds the lower court properly revoked a portion of defendant’s probation. Defendant pleaded guilty to sexual battery and received a five-years sentence suspended to probation. Defendant violated the terms of his probation when he violated a no-contact order and was arrested after a domestic disturbance with his ex-girlfriend. The lower court did not err when it partially revoked his probation, ordering him to serve one year in jail then be returned to probation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: December 26, 2023, Case #: E2023-00881-CCA-R3-CD, Categories: Probation, Sex Offender, Restraining Order
J. Ayers finds the lower court properly convicted defendant of possession of cocaine with intent to sell or deliver and possession of a firearm after having been convicted of a violent felony, when he pleaded guilty to both crimes. Per his plea agreement he was sentenced to concurrent 10-year sentences with the trial court to determine the way in which he would serve; it chose confinement. Defendant argues that he was erroneously denied probation at his sentencing hearing, but the lower court based its confinement decision on defendant’s criminal history and prior probation violations. The lower court did not abuse its discretion. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: December 26, 2023, Case #: E2023-00241-CCA-R3-CD, Categories: Drug Offender, Firearms, Sentencing
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J. Greenholtz finds the lower court properly convicted defendant of aggravated rape and aggravated sexual battery for acts against a child under the age of 13. Defendant left the country after being charged, but was apprehended after his return almost 20 years later. Evidence is sufficient to support defendant’s convictions, but he was improperly sentenced. Because the crimes occurred in 1992, he should have been sentenced under pre-2005 sentencing statutes but was not. The matter is remanded to the lower court for resentencing. Affirmed in part.
Court: Tennessee Court of Criminal Appeals, Judge: Greenholtz, Filed On: December 15, 2023, Case #: E2022-00525-CCA-R3-CD, Categories: Evidence, Sentencing, Sex Offender
J. Campbell finds the lower court properly convicted defendant of first degree premeditated murder, first degree felony murder and especially aggravated burglary for stabbing his estranged wife to death with a butcher knife. The lower court did not abuse its discretion in ordering consecutive sentencing and evidence is sufficient to support his convictions and sentence to life plus twelve years. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Campbell, Filed On: December 8, 2023, Case #: M2022-01751-CCA-R3-CD, Categories: Evidence, Murder, Sentencing
J. Hixson finds the lower court properly revoked defendant’s probation. Defendant pleaded guilty to statutory rape, theft of property, vandalism of property, evading arrest, speeding, running a red light, operating a vehicle with no valid drivers license, and escape. Defendant entered another guilty plea to aggravated domestic assault, domestic assault, domestic vandalism of property, two counts of assault, three counts of failure to provide proof of financial responsibility, two counts of driving on a suspended license, driving on a revoked license, unlawful removal of a registration decal or plate, failing to display a certificate of vehicle registration upon demand, and violating the bumper law. Defendant violated the terms of his probation when he traveled to another state without the permission of his probation officer and was arrested for driving without a license, resisting arrest or obstructing justice, threat of force, driving under the influence with child, and gross, wanton or reckless care for child. The trial court revoked defendant’s probation and ordered him to serve the remainder of his sentence in the Tennessee Department of Corrections. The instant court finds no error in the lower court’s decision and sentencing. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: December 1, 2023, Case #: E2023-00261-CCA-R3-CD, Categories: Probation, Sentencing
J. Ayers finds the lower court properly convicted defendant of second degree murder for the death of his spouse. Defendant killed his wife and disposed of her body in a wooded area across the street from the apartment they shared with their children. The victim died from multiple sharp force injuries, blunt force injuries and strangulation. Defendant told the responding officer he was responsible for killing his wife. Evidence is sufficient to support his conviction and sentence of 25 years to be served at 100 percent, as enhancements were applied due the extreme nature of the crime, his history of criminal behavior and his status as an illegal immigrant. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: November 22, 2023, Case #: E2023-00357-CCA-R3-CD, Categories: Evidence, Murder, Sentencing
J. Ayers finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant was convicted of second-degree murder for shooting his wife in the face, killing her, and was sentenced to serve 22 years in confinement. Defendant argues he was ineffectively represented by appellate counsel because he did not appeal the denial of his motion to suppress evidence obtained from a search warrant. The instant court finds that even if appellate counsel had included an argument for the suppression issue, it would not have affected the outcome of the trial. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: November 22, 2023, Case #: W2022-01494-CCA-R3-PC, Categories: Ineffective Assistance, Murder, Search
J. Greenholtz finds the lower court properly convicted defendant of two counts of aggravated sexual battery and two counts of rape of a child for acts against his neighbor’s child over a three-year period. Defendant argues an African-American juror was selected then excused as an alternate at the end of the trial, but the instant court finds no evidence to support an argument of intentional discrimination. Evidence is sufficient to support defendant’s convictions and effective 33-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Greenholtz, Filed On: November 21, 2023, Case #: E2023-00209-CCA-R3-CD, Categories: Evidence, Jury, Sex Offender
J. Hixson finds the lower court properly denied defendant’s motion for a reduced sentence. Defendant pleaded guilty to attempted aggravated kidnapping and aggravated assault and agreed to a six-year sentence to be served incarcerated and to run consecutively to a prior conviction he received in a separate case. Defendant argues he received ineffective assistance of counsel, but he waived his right to argue it when he told the trial court that he was not going to pursue post-conviction relief, only a reduction in his sentence. The instant court finds that the record clearly indicated the defendant's sentences were to run consecutively and that he was aware of it at the time he entered his guilty plea. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: November 3, 2023, Case #: M2023-00112-CCA-R3-CD, Categories: Ineffective Assistance, Sentencing, Plea
J. Witt finds the lower court properly convicted defendant of facilitation of attempted first degree murder, facilitation of vandalism of property in the amount of $2,500 or more but less than $10,000, and two counts of reckless endangerment for her role in a shooting in a trailer park. Evidence is sufficient to support her convictions and enhanced effective sentence to 10 years and six months to be served in confinement, as the lower court considered her prior criminal convictions and history of drug use. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: November 3, 2023, Case #: M2022-01328-CCA-R3-CD, Categories: Evidence, Murder, Vandalism
J. Easter finds the lower court properly convicted defendant of second degree murder and aggravated assault for his role in the shooting death of a 19-year-old drug dealer he was intending to rob. Defendant argues the jury was improperly instructed as to the issue of his alleged flight from the crime scene, but the instant court finds the jury was properly instructed. Evidence is sufficient to support his convictions and effective sentence of 21 years to be served in the Tennessee Department of Correction. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: November 3, 2023, Case #: E2022-01308-CCA-R3-CD, Categories: Murder, Assault, Jury Instructions
J. Ayers finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant was convicted of felony murder in perpetration of aggravated child abuse and aggravated child abuse associated with the death of an 18-month-old living in his home. Defendant argues he received ineffective assistance of trial counsel, but he failed to show a deficiency in his representation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: October 10, 2023, Case #: E2022-00295-CCA-R3-PC, Categories: Ineffective Assistance, Murder
J. Holloway finds the lower court properly convicted defendant of facilitation of aggravated robbery after his friend was found in his truck shot in the back of the neck and defendant admitted to taking drugs from the victim’s home. Evidence is sufficient to support his conviction and six-year sentence to be served incarcerated. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: October 10, 2023, Case #: W2022-01516-CCA-R3-CD, Categories: Evidence, Robbery
J. Montgomery finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant was convicted of especially aggravated robbery, aggravated assault and reckless endangerment for entering a home under false pretenses and stabbing and robbing the occupant. Defendant received an effective 40-year sentence. Defendant argues he received ineffective assistance from trial counsel, but the instant court finds no error in the post-conviction court’s determination that defendant was fairly represented and is not entitled to relief. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: October 10, 2023, Case #: W2022-01459-CCA-R3-PC, Categories: Ineffective Assistance, Robbery, Assault
J. McMullen finds the lower court properly revoked defendant’s probation. Defendant pleaded guilty to statutory rape and received a four-year sentence suspended to supervised probation. Defendant violated the terms of his probation when he was arrested for driving under the influence of alcohol. As a result of the violation, the lower court revoked his probation and ordered him to serve the remainder of his four-year sentence in confinement. The instant court finds no abuse of discretion by the lower court in its order. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: October 9, 2023, Case #: W2022-01433-CCA-R3-CD, Categories: Probation, Sex Offender, Dui
J. McMullen finds the lower court improperly sentenced defendant in this matter of theft, drugs and firearms. Defendant was convicted of possession of marijuana with intent to sell or deliver, possession of a firearm with intent to go armed during the commission of a dangerous felony, theft of property up to $1,000, and possession of unlawful drug paraphernalia for selling drugs car-to-car at a Sonic drive-in restaurant, and being found with marijuana and a stolen firearm in his backpack. Defendant received an effective five-year sentence to be served in confinement, but because he was eligible for probation for the theft and drug-related convictions, the instant court finds the lower court did not properly consider alternative sentencing. The matter is remanded for resentencing. Reversed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: October 9, 2023, Case #: W2022-01041-CCA-R3-CD, Categories: Drug Offender, Firearms, Sentencing
J. Hixson finds the lower court properly convicted defendant of two counts of violation of the Child Protection Act, four counts of rape of a child and two counts of aggravated sexual battery for acts against his wife’s grandchildren. Despite his claims, defendant did not establish that his representation by trial counsel was deficient, and is not entitled to relief. Evidence is sufficient to support his convictions and effective 50-year sentence to be served in the Department of Correction. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: October 6, 2023, Case #: M2022-01347-CCA-R3-PC, Categories: Evidence, Ineffective Assistance, Sex Offender
J. Ayers finds the lower court properly revoked defendant's probation. Defendant pleaded guilty to one count of unlawful possession of a firearm by a convicted felon with a previous violent felony conviction and one count of simple possession of marijuana, and was sentenced to concurrent sentences of eight years with an 85 percent release eligibility date, suspended to probation after serving seven months in jail for the firearms conviction. Defendant violated the terms of his probation when he absconded, failed to report, and was found by a preponderance of the evidence to have committed new crimes while on probation. The lower court did not abuse its discretion in revoking probation and ordering defendant to serve the remainder of his sentence in confinement. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: September 29, 2023, Case #: E2023-00155-CCA-R3-CD, Categories: Drug Offender, Firearms, Probation
J. Wilson finds the court lacks jurisdiction in this appeal from a diverted sentence. Defendant entered a no contest plea to sexual battery and received a one-year diverted sentence. Defendant attempted to reserve a certified question of law as to whether there had been a violation of his rights to a speedy trial and due process, but the state argues that the court lacks jurisdiction to hear an appeal from a diverted sentence. Because the diverted sentence results in no judgments of conviction against him, there is no appeal available to defendant and the instant court has no jurisdiction. Dismissed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: September 29, 2023, Case #: M2022-01626-CCA-R3-CD, Categories: Sentencing, Sex Offender, Jurisdiction
J. Ayers finds the lower court properly convicted defendant of aggravated burglary for entering a family’s home without permission while they were at a Thanksgiving dinner. Though he rifled through the contents of several rooms of the house, defendant argues no evidence was presented to show he entered the home with the intent to burglarize. Evidence is sufficient to support his conviction and 10-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: September 29, 2023, Case #: E2022-01558-CCA-R3-CD, Categories: Burglary, Evidence
J. Dyer finds the lower court improperly granted defendant’s motion to dismiss. Defendant was pulled over for driving the wrong way down a one-way alley. The traffic stop resulted in defendant being found to be driving on a revoked license, unlawful use of a license plate, improper registration, violation of the financial responsibility law as he was unable to provide proof of insurance or registration, and temporary tags on the vehicle did not belong to it. The lower court found that a lack of signage in the alleyway negated the traffic stop as it could not hold defendant responsible for a rule he was not aware of, but the instant court finds the state met its burden of establishing probable cause and the traffic stop was proper. Reversed.
Court: Tennessee Court of Criminal Appeals, Judge: Dyer, Filed On: September 29, 2023, Case #: W2022-01585-CCA-R3-CD, Categories: Evidence, Search, Due Process
J. Hixson finds the lower court properly denied defendant’s motion for a new trial. Defendant was convicted of vehicular homicide by intoxication and driving under the influence (DUI), for crashing into another vehicle when he crossed the centerline of a road into oncoming traffic, killing the driver. Blood samples taken from defendant after the crash indicate that he was high on fentanyl when the crash occurred. Defendant argues that he was denied his right to confrontation because the lower court allowed a State’s witness to testify via Zoom, but the instant court finds the Zoom testimony did not prejudice defendant, and it was only utilized because the witness tested positive with Covid-19 and was contagious. Evidence is sufficient to support defendant’s convictions and 12-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: September 25, 2023, Case #: M2022-00949-CCA-R3-CD, Categories: Evidence, Dui, Vehicular Homicide
J. Hixson finds the lower court properly revoked defendant’s probation. Defendant pleaded guilty to two counts of domestic assault and one count of aggravated assault and received an effective 10-year sentence to be served on supervised probation, but violated the terms of his probation multiple times. On his fourth violation for failing to report and being arrested for domestic assault, the lower court revoked defendant’s probation and ordered him to serve the remainder of his sentence incarcerated. The instant court finds no error or abuse of discretion in the lower court’s actions. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: September 22, 2023, Case #: M2022-00948-CCA-R3-CD, Categories: Probation, Sentencing, Assault
J. McMullen finds the lower court properly convicted defendant of attempted aggravated assault, resisting arrest, disorderly conduct and public intoxication for pulling a knife on a police officer and threatening to cut him, which resulted in a physical altercation. Because defendant had a prior state felony conviction and a federal felony conviction, the lower court found him to be a multiple offender and ordered an effective eight-year sentence to be served incarcerated. Evidence is sufficient to support defendant’s convictions and sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: September 22, 2023, Case #: M2022-00769-CCA-R3-CD, Categories: Assault, Resisting Arrest, Public Intoxication
J. Greenholtz finds the lower court properly convicted defendant of two counts of driving under the influence and one count of reckless driving. Defendant claims statements he made to responding officers at the scene of his one-vehicle accident with a brick mailbox were illegally obtained because he was not given a Miranda warning. The lower court determined that defendant was not in custody at the time the statements were made, so Miranda was not required. Evidence is sufficient to support his convictions and effective 11-month, 29-day sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Greenholtz, Filed On: September 21, 2023, Case #: W2022-01560-CCA-R3-CD, Categories: Evidence, Miranda, Dui