7 results for 'judge:"Easter"'.
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. 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. 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. 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. Easter finds the lower court properly denied defendant’s request for alternative sentencing. Defendant pleaded guilty to the facilitation and sale of methamphetamine to a confidential informant in a controlled buy. A six-year sentence was agreed upon, but the manner in which he would serve was left to the court; it chose incarceration. While the lower court did abuse its discretion in sentencing the defendant without the use of a proper presentence report and failing to consider the risk and needs assessment, the issues are waived because he did not object at his sentencing hearing. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: September 1, 2023, Case #: W2022-01092-CCA-R3-CD, Categories: Drug Offender, Sentencing
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J. Easter finds the lower court properly denied defendant’s motion for a new trial. Defendant was convicted of attempted rape and attempted aggravated kidnapping for engaging in sex with an unconsenting 17-year-old girl. Evidence is sufficient to support his convictions and effective 30-year sentence. The matter is remanded to the trial court for judgment on the charge of violation of the sex offender registry. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: June 12, 2023, Case #: E2022-01045-CCA-R3-CD, Categories: Evidence, Sex Offender, Kidnapping
J. Easter finds the lower court improperly denied defendant’s motion for a new trial. Defendant was convicted of custodial interference and sentenced to two years supervised probation. The indictment failed to include language pertaining to the expiration of the visitation period of the noncustodial parent, which the instant court finds to be an essential element of the charge of custodial interference. The lower court also modified the jury instructions lowering the state’s burden of proof. The lower court erred by removing an essential element of the alleged offense, modification of the jury instructions was an act of constitutional error, and the instant court finds defendant’s behavior does not fall under the definition of the offense of custodial interference; her conviction is reversed. Vacated.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: May 12, 2023, Case #: M2022-00483-CCA-R3-CD, Categories: Evidence, Jury Instructions