87 results for 'court:"Tennessee Court of Criminal Appeals"'.
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J. Easter finds the lower court improperly dismissed defendant’s motion for a new trial. Defendant was convicted on multiple drug-related offenses, including the sale and delivery of cocaine within 1,000 feet of a school, and received an effective 33 year sentence. The Governor of Tennessee subsequently partially granted defendant executive clemency, his sentences for the sale and delivery of cocaine within 1,000 feet of a school were commuted and he immediately became eligible for parole on those counts. The lower court found defendant ineligible for resentencing based on his commutation order and dismissed the pending motion for new trial. The instant court finds defendant was denied his day in court for his motion for resentencing and the lower court should have continued with the scheduled evidentiary hearing. The matter is remanded for a hearing. Reversed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: April 22, 2024, Case #: E2023-00149-CCA-R3-CD, Categories: Drug Offender, Sentencing, Due Process
J. McMullen finds the lower court properly dismissed defendant’s pro se petition for writ of error coram nobis. Defendant was convicted of aggravated burglary, aggravated robbery and employing a firearm during the commission of a dangerous felony for his role in detaining a victim and taking items from the victim’s apartment. Defendant received an effective sentence of life without parole. Defendant filed his petition five years after the finalization of his convictions and sentence, far beyond the one-year statute of limitations, and it was dismissed accordingly. Defendant argues the statute of limitations should be tolled as he claims discovery of new evidence, but the instant court finds the newly discovered evidence, an affidavit, is from someone known at the time of trial that the defense never called as a witness, and would not have affected the outcome of the trial. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: April 22, 2024, Case #: M2023-00858-CCA-R3-ECN , Categories: Burglary, Evidence, Robbery
J. Hixson finds the lower court properly convicted defendant of attempted second degree murder, aggravated assault and employment of a firearm during the commission of a dangerous felony when he punched, then shot a man nine times as he was inspecting his car for damage after a crash. Though defendant argues that witness identification of him as the suspect was questionable, the lower court felt otherwise. Evidence is sufficient to support his convictions and effective 20-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: April 22, 2024, Case #: M2022-01644-CCA-R3-CD, Categories: Evidence, Murder, Assault
J. Holloway finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant was convicted of aggravated statutory rape for engaging in sexual relations with a then 16-year-old girl, and was sentenced to 12 years incarceration. Defendant’s enhanced sentence as a Range III career offender is reasonable as the lower court took into account his seven prior felony convictions. Defendant’s argument of violation of due process is waived, as it was not brought up on lower court proceedings, and his claim of ineffective assistance of counsel fails, as the instant court finds no deficiency in his representation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: April 15, 2024, Case #: M2023-00320-CCA-R3-PC, Categories: Ineffective Assistance, Sex Offender, Due Process
J. Witt finds the lower court properly convicted defendant of delivering and selling .5 grams or more of methamphetamine for selling to a confidential informant in a controlled buy conducted by the Lincoln County Sheriff’s Department. The lower court considered defendant’s criminal history, and applied applicable enhancements, as she was classified as a Range III persistent offender. Evidence is sufficient to support her conviction and sentence of 25 years incarcerated. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: April 12, 2024, Case #: M2023-00225-CCA-R3-CD, Categories: Drug Offender, Evidence, Sentencing
J. Montgomery finds the lower court properly denied defendant’s motion to suppress evidence collected during the search of a vehicle. Defendant pleaded guilty to unlawful possession of a weapon and theft of property, and received an effective 12-year sentence to confinement. During the course of a traffic stop, a stolen handgun was found under the driver’s seat of a vehicle the defendant was driving. Defendant argues officers did not have probable cause to search the vehicle, but the lower court determined that since one of the responding officers smelled marijuana coming from the vehicle, the odor established probable cause for the warrantless search. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: April 11, 2024, Case #: W2023-00713-CCA-R3-CD, Categories: Evidence, Firearms, Search
J. Montgomery finds the lower court properly dismissed a defendant’s petition for a writ of habeas corpus. Defendant was convicted of first-degree murder during the perpetration of a robbery and facilitation of especially aggravated robbery, and received an effective life sentence. The habeas corpus court dismissed the matter because defendant’s petition failed to state a claim upon which relief could be granted. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: April 11, 2024, Case #: W2023-01330-CCA-R3-HC, Categories: Habeas, Murder, Robbery
J. Ayers finds the lower court properly convicted defendant of felony murder by aggravated child abuse, felony murder by aggravated child neglect, two counts of aggravated child abuse, reckless endangerment, aggravated child neglect and two counts of child abuse. Defendant beat a three-year-old girl while he babysat her, resulting in massive head trauma and ultimately the child’s death. The lower court took into account the instant matter along with defendant’s criminal history, resulting in an effective sentence of life imprisonment plus 48 years. Defendant argues he should not have received partial consecutive sentences, but the instant court finds no error. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: March 13, 2024, Case #: M2022-01529-CCA-R3-CD, Categories: Murder, Sentencing, Child Victims
J. Holloway finds the lower court properly convicted defendant of possession with intent to sell or deliver more than .5 grams of methamphetamine within 1,000 feet of a public elementary school, possession of drug paraphernalia, driving on a suspended license and violation of the financial responsibility law. During the course of a traffic stop outside an elementary school, defendant's vehicle was searched as a K-9 indicated the possible presence of narcotics. The lower court found the officers had probable cause for the traffic stop as they believed defendant was driving with his license suspended, officers also had a warrant for defendant’s arrest prior to the stop, and since defendant was on probation, his cell phone was subject to a warrantless search. Defendant received an effective sentence of 25 years incarceration. The instant court finds defendant is not entitled to relief in this matter. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: March 13, 2024, Case #: E2022-01661-CCA-R3-CD, Categories: Drug Offender, Evidence, Search
J. Wedemeyer finds the lower court properly convicted defendant of assault, kidnapping, possession with intent to sell or deliver heroin, four counts of possession with the intent to sell or deliver four different scheduled drugs, and possession of drug paraphernalia. Police were called to respond to a possible domestic disturbance at a motel. The room in which defendant had been staying was the subject of the call and subsequent search where a variety of drugs and paraphernalia were discovered; and evidence of assault against defendant’s girlfriend was also observed. Though defendant argues search of the motel room and cell phones was not proper, the lower court found no error with the searches and the instant court agrees. Evidence is sufficient to support defendant’s convictions and effective sentence to 14-years incarceration. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wedemeyer, Filed On: March 6, 2024, Case #: M2022-01233-CCA-R3-CD, Categories: Drug Offender, Evidence, Assault
J. Witt finds the lower court properly sentenced defendant. Defendant pleaded guilty to second degree murder and attempted second degree murder, and received an effective 40-year sentence to be served consecutive to sentences he received for prior convictions. The effective sentence consisted of 40 years for the second degree murder conviction and 30 years for the attempted second degree murder conviction, running concurrently. Despite defendant’s claim that his sentence is illegal and that he should have received consecutive sentences for the two convictions rather than the effective 40-years he received, the instant court finds his sentence legal and he is not entitled to relief. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: February 26, 2024, Case #: M2023-00948-CCA-R3-CD, Categories: Murder, Sentencing
J. Campbell finds the lower court properly revoked defendant’s probation, but improperly ordered him to serve his original sentence in confinement. Defendant was placed on probation after he pleaded guilty to two counts of attempted aggravated sexual battery. He was required to register as a sex offender and serve concurrent 10-year sentences on supervised probation. Defendant violated the terms of his probation when he was arrested and subsequently pleaded guilty to driving under the influence. As a result of the probation violation, the lower court revoked his probation and ordered him to serve his original 10-year sentence in confinement. Defendant argues the confinement order is excessive and he should have been placed back on supervised probation. The instant court finds the record lacks sufficient information to conduct a proper review, as the lower court failed to reason why it ordered defendant to confinement. The matter is remanded to the lower court for further consideration. Affirmed in part.
Court: Tennessee Court of Criminal Appeals, Judge: Campbell, Filed On: February 26, 2024, Case #: W2023-01111-CCA-R3-CD, Categories: Probation, Sentencing, Sex Offender
J. Campbell finds the lower court properly denied defendant’s petition for DNA analysis to be conducted on a knife and other items, but improperly denied the request for analysis of a rape kit. Defendant was convicted of attempted second degree murder, three counts of aggravated rape, especially aggravated robbery, especially aggravated burglary, conspiracy to commit aggravated burglary, theft, and vandalism for his role in the rape and cutting of a 70-year old woman’s throat during the course of a burglary. He filed a request for DNA testing and analysis to be performed on a rape kit, the knife that was used to cut the victim’s throat and other items collected from the scene of the sexual assault. The lower court denied all of his requests, but the instant court finds DNA testing and analysis proper for the rape kit; defendant did not meet the requirements for DNA testing of the other items. Reversed in part.
Court: Tennessee Court of Criminal Appeals, Judge: Campbell, Filed On: February 26, 2024, Case #: W2023-00192-CCA-R3-PC, Categories: Dna, Murder, Sex Offender
J. Witt finds the lower court properly convicted defendant of driving on a cancelled, suspended or revoked license second offense, evading arrest in a motor vehicle and possession of unlawful drug paraphernalia. Defendant failed to stop when a police officer attempted a traffic stop after discovering defendant, the registered owner of the vehicle, had a suspended driver license. The officer followed defendant for approximately eight minutes before defendant stopped his vehicle and a subsequent search of the vehicle uncovered drug paraphernalia. Evidence is sufficient to support defendant’s convictions and sentence of two years, suspended to 30 days of supervised probation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: February 26, 2024, Case #: M2023-00778-CCA-R3-CD, Categories: Drug Offender, Evidence, Resisting Arrest
J. Easter finds the lower court properly convicted defendant of burglary, attempted first degree murder, and resisting arrest, for stabbing an officer during the course of defendant’s arrest after he attempted to break into a locked city hall building. Defendant argued that because the Assistant District Attorney had represented him in previous defense work, it created a conflict of interest, but the lower court found there to be none since defendant did not testify and his prior convictions were not discussed at trial. The instant court agrees and finds sufficient evidence was presented to support defendant’s conviction and effective sentence of 41 years incarceration. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: February 22, 2024, Case #: M2023-00260-CCA-R3-CD, Categories: Burglary, Evidence, Murder
J. Holloway finds the lower court properly convicted defendant of first-degree premeditated murder for shooting a woman to death outside of a nightclub, and sentenced her to life imprisonment. While defendant argues the lower court erroneously allowed video, audio, and posts from Snapchat and Facebook, the lower court found the evidence relevant to defendant’s character, relationship to the victim, as well as intent and premeditation. Defendant argues social media evidence to her character, alleged drug use should not have been allowed, but the instant court finds it admissible and she was not prejudiced, as the other evidence against defendant was overwhelming. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: February 16, 2024, Case #: E2022-01662-CCA-R3-CD, Categories: Evidence, Murder
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
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