TN Court of Criminal Appeals

CHARLES EVERETT LOWE-KELLEY v. STATE OF TENNESSEE

Petitioner, Charles Everett Lowe-Kelley, appeals the denial of his petition for post- conviction relief, arguing that he received the ineffective assistance of counsel. He also argues that his consecutive life sentences violate Miller v. Alabama, 132 S. Ct. 2455, 2469 (2012). We conclude that Petitioner has not proven that he received ineffective assistance of counsel and that his effective sentence does not violate Miller. Accordingly, the decision of the post-conviction court is affirmed.

Attorney 1: 

Thomas M. Hutto, Columbia, Tennessee, for the appellant, Charles Everett Lowe-Kelley.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee and David H. Findley, Assistant Attorneys General; Brent Cooper, District Attorney General; and Robert Carter and Ann Filer, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: 
EASTER

STATE OF TENNESSEE v. JOHN W. SMITH

Defendant, John W. Smith, appeals the trial court‟s denial of his motion for correction of an illegal sentence under Tennessee Rule of Criminal Procedure Rule 36.1. Because Defendant has failed to state a colorable claim for relief, we affirm the dismissal of the motion.

Attorney 1: 

John W. Smith, Pikeville, Tennessee, pro se.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Glenn R. Funk, District Attorney General; and Megan King, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
EASTER

GARY W. ROBINSON, III v. STATE OF TENNESSEE

The petitioner, Gary W. Robinson, III, appeals the summary dismissal of his petition for post-conviction relief. He contends that the post-conviction court erroneously found that his petition was untimely filed. Following our review of the briefs of the parties, the record, and the applicable law, we conclude that the post-conviction court erred by dismissing the petition.

Attorney 1: 

J. Liddell Kirk, Knoxville, Tennessee, for the Appellant, Gary W. Robinson, III.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Tracy L. Alcock, Assistant Attorney General; Charme Allen, District Attorney General; and Ta Kisha Fitzgerald, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: 
WILLIAMS

STATE OF TENNESSEE v. JEFFERY YATES

The defendant, Jeffery Yates, appeals the summary dismissal of his motion to correct an illegal sentence under Rule 36.1 of the Tennessee Rules of Criminal Procedure, arguing that he stated a colorable claim for relief in that he received concurrent sentences when consecutive sentences were statutorily required. After review, we affirm the summary dismissal of the defendant‟s motion.

Attorney 1: 

Jeffery Yates, Mountain City, Tennessee, Pro Se.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; M. Todd Ridley, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Glen Baity, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
GLENN

COURTNEY R. LOGAN v. STATE OF TENNESSEE

The petitioner, Courtney R. Logan, filed a petition for the writ of habeas corpus challenging the legality of his extradition from Tennessee to Mississippi nearly four years after the extradition. The trial court summarily dismissed the petition, and the petitioner now appeals. Following our review, we affirm the judgment of the trial court.

Attorney 1: 

Courtney R. Logan, Woodville, Mississippi, Pro Se.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; and John H. Bledsoe, Assistant Attorney General, for the Appellee, State of Tennessee.

Judge: 
WILLIAMS

STATE OF TENNESSEE v. DONALD BIGGS, ALIAS

Original opinion issued Sept. 30, 2015. Correction issued Feb. 23, 2016.

The Defendant, Donald Biggs, alias, appeals as of right from his guilty-pleaded convictions for four counts of aggravated robbery, two counts of theft by shoplifting, and one count of attempted aggravated robbery. See Tenn. Code Ann. §§ 39-12-101, -13- 402, -14-103, -14-105, -14-146. Following a sentencing hearing, the trial court sentenced the Defendant to twenty-two years each on two aggravated robbery convictions. The trial court ordered that the Defendant serve these two sentences consecutively.

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Attorney 1: 

Rachel Leanne Wolf, Knoxville, Tennessee, for the appellant, Donald Biggs, alias.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Senior Counsel; Randall E. Nichols, District Attorney General; and Ta Kisha M. Fitzgerald, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
THOMAS

STATE OF TENNESSEE v. TRAVIS SEIBER

Aggrieved of his Shelby County Criminal Court jury convictions of three counts of aggravated robbery, the defendant, Travis Seiber, appeals, arguing that he was deprived of the right to a trial by a fair and impartial jury, that the trial court erred by permitting the State to use as a demonstrative aid a gun that had not been entered into evidence, and that the evidence was insufficient to support his convictions. Discerning no error, we affirm.

Attorney 1: 

Mitchell Wood, Memphis, Tennessee, for the appellant, Travis Seiber.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Jose Leon, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
WITT

JURICO READUS v. STATE OF TENNESSEE

The petitioner, Jurico Readus, appeals the denial of his petition for post-conviction relief, which petition challenged his Shelby County Criminal Court jury convictions of felony murder and attempted especially aggravated robbery. Discerning no error, we affirm the denial of post-conviction relief.

Attorney 1: 

Rosalind Brown, Memphis, Tennessee, for the appellant, Jurico Readus.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Lacy E. Wilber, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Nicole Germain, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
WITT

STATE OF TENNESSEE v. BOBBY JOE CAMPBELL

The Defendant, Bobby Joe Campbell, entered guilty pleas to two counts of aggravated assault, a Class C felony, and two counts of failure to appear, a Class E felony, with the manner and service of his sentence to be determined by the trial court. See T.C.A. §§ 39- 13-102, -13-111, -16-609(e). The trial court merged the aggravated assault convictions and imposed a consecutive term of five years‟ incarceration for aggravated assault and one and a half years‟ incarceration for each count of failure to appear.

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Attorney 1: 

M. Wesley Hall, IV, Unionville, Tennessee, for the Defendant-Appellant, Bobby Joe Campbell.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Andrew C. Coulam, Assistant Attorney General; Robert J. Carter, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: 
MCMULLEN

STATE OF TENNESSEE v. ZACHARY JAMES PENCE

The Defendant, Zachary James Pence, was found guilty by an Anderson County Circuit Court jury of aggravated rape of a child, a Class A felony, aggravated child abuse, a Class A felony, and child abuse, a Class D felony. See T.C.A. §§ 39-13-531 (2014), 39-15-402 (2010) (amended 2011, 2012), 39-15-401 (2010) (amended 2011). The trial court sentenced the Defendant to concurrent terms of sixty years for the aggravated rape of a child conviction, twenty-five years for the aggravated child abuse conviction, and two years for the child abuse conviction.

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Attorney 1: 

J. Thomas Marshall, Jr. (on appeal), District Public Defender, and Leslie Hunt (at trial), Clinton, Tennessee, for the appellant, Zachary James Pence.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Ahmed A. Safeeullah, Assistant Attorney General; David S. Clark, District Attorney General; and Victoria Elizabeth Bannach, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
MONTGOMERY