7 results for 'judge:"McMullen"'.
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. 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. 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
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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. McMullen finds the lower court properly convicted defendant of first-degree premeditated murder and tampering with evidence for shooting his mother in the head. Defendant received an effective life sentence. Defendant argues he was denied funds to obtain expert services, but the instant court finds he did not demonstrate a need for expert services. And defendant’s claim the lower court committed error when it excluded a conversation he had with his aunt is without merit, as the conversation is deemed hearsay. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: June 1, 2023, Case #: W2022-00023-CCA-R3-CD, Categories: Evidence, Murder