6 results for 'judge:"Holloway"'.
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. 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. 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. 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
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J. Holloway finds that the lower court improperly denied defendant’s petition for post-conviction relief on counts one through four of his five theft convictions. Property that had been reported stolen was found in defendant's tattoo parlor. Defendant presented sufficient evidence that trial counsel failed to object to a detective's hearsay testimony as to ownership of the property found in counts one through four. The victim in count five testified to his ownership of a stolen laptop, so that conviction stands. Vacated in part.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: July 5, 2023, Case #: M2022-01736-CCA-R3-PC, Categories: Evidence, Ineffective Assistance, Theft