10 results for 'judge:"Ayers"'.
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. 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. 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. 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
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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. 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. Ayers finds the lower court properly denied defendant’s motion for a new trial. Defendant was convicted of second degree murder, attempted second degree murder, attempted voluntary manslaughter, using a firearm during the commission of a dangerous felony, and possession of a firearm where alcoholic beverages are served. Defendant was an off-duty deputy who shot two men during an altercation in the parking lot of a karaoke bar, killing one of them and injuring the other. He received an effective 26-year sentence to be served in the Department of Correction. Defendant has not established the necessary requirements to support his argument of plain error. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: August 1, 2023, Case #: W2023-00141-CCA-R3-CD, Categories: Fair Trial, Murder, Sentencing
J. Ayers finds the lower court properly convicted defendant of three counts of aggravated stalking and one count of stalking for multiple incidents of following a woman and her daughters, attempts to enter their home, and threatening them. Evidence is sufficient to support his convictions and effective eight-year sentence as a multiple offender to be served in a local warehouse. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: July 31, 2023, Case #: W2022-01204-CCA-R3-CD, Categories: Evidence, Harassment
J. Ayers finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant was convicted of aggravated robbery and aggravated burglary for taking electronics and other items from the victim’s apartment at gunpoint. Defendant was sentenced to 15 years for the aggravated robbery and 8 years for the aggravated burglary to run concurrently. Defendant’s claim of ineffective assistance of trial counsel is not substantiated, as he failed to show that trial counsel was defective in his representation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: June 27, 2023, Case #: M2022-00727-CCA-R3-PC, Categories: Burglary, Ineffective Assistance, Robbery