TN Court of Criminal Appeals

JACKIE F. CURRY v. STATE OF TENNESSEE

Petitioner, Jackie F. Curry, appeals the trial court’s denial of his motion to reopen postconviction proceedings. Petitioner argues that the United States Supreme Court’s decision in Lafler v. Cooper, 566 U.S. 156 (2012), established a new rule of constitutional law that should be applied retroactively to his case. Because Petitioner failed to follow the statutory requirements to seek discretionary review of a motion to reopen, this Court does not have jurisdiction, and we dismiss the appeal.

Attorney 1: 

Gerald L. Gulley, Jr., Knoxville, Tennessee, for the appellant, Jackie F. Curry.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Senior Counsel; Charme P. Allen, District Attorney General; and Leslie Nassios, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
EASTER

KENNETH J. CRADIC v. STATE OF TENNESSEE

The Petitioner, Kenneth J. Cradic, appeals as of right from the Sullivan County Criminal Court’s denial of his petition for writ of error coram nobis relief. The Petitioner contends that the coram nobis court erred in denying his petition because he presented newly discovered evidence of his actual innocence through a new witness who would discredit the victim’s trial testimony and evidence that the victim recanted her trial testimony on numerous occasions since the trial. Discerning no error, we affirm the judgment of the coram nobis court.

Attorney 1: 

David S. Barnette, Jr., Kingsport, Tennessee, for the appellant, Kenneth J. Cradic.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Barry Staubus, District Attorney General; and Andrea Black, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
THOMAS

COURTNEY R. LOGAN v. SHAWN PHILLIPS, WARDEN

The Petitioner, Courtney R. Logan, appeals as of right from the Morgan County Circuit Court’s dismissal of his petition for writ of habeas corpus. The Petitioner challenges his long-ago extradition to the state of Mississippi. Discerning no error, we affirm the judgment of the habeas corpus court.

Attorney 1: 

Kim Nelson, District Public Defender; and Walter B. Johnson II, and Harold D. Balcom, Jr., Assistant District Public Defenders, for the appellant, Courtney R. Logan.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; John H. Bledsoe, Deputy Attorney General; Russell Johnson, District Attorney General; and Robert C. Edwards, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
THOMAS

STATE OF TENNESSEE v. ERIC DWAYNE WILSON

Defendant, Eric Dwayne Wilson, in a jury trial, was convicted of third offense driving under the influence of an intoxicant (DUI), and of violating the implied consent law following a bench trial. Defendant pleaded nolo contendere to failure to stop at a stop sign and failure to have each required lamp and stoplight in operating condition. Defendant received a sentence of eleven months, twenty-nine days, with three hundred days of confinement in the county jail and the remainder of the sentence on supervised probation.

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Attorney 1: 

Robert S. Peters, Winchester, Tennessee, for the appellant, Eric Dwayne Wilson.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel, Assistant Attorney General; Lisa Zavogiannis, District Attorney General; and Darrell Julian, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
WOODALL

STATE OF TENNESSEE v. NATHAN BERNARD LALONE

Defendant, Nathan Bernard Lalone, was convicted of one count of first degree murder and one count of attempted first degree murder.

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Attorney 1: 

Amanda B. Dunn (on appeal); Kevin L. Loper and Jeffrey S. Schaarschmidt (at trial), Chattanooga, Tennessee, for the appellant, Nathan Bernard Lalone.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Katherine C. Redding, Assistant Attorney General; Neal Pinkston, District Attorney General; and Brian Finlay and Kristin Spires, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: 
EASTER

STEPHEN WAYNE SHREVE v. STATE OF TENNESSEE

The Petitioner, Stephen Wayne Shreve, appeals the denial of his petition for post-conviction relief in which he challenged his guilty pleas to two counts of aggravated burglary, one count of attempted aggravated burglary, and two counts of theft and his effective ten-year sentence. On appeal, the Petitioner contends that he was given an illegal sentence and that he entered his guilty pleas involuntarily and unknowingly. We affirm the post-conviction court’s denial of relief.

Attorney 1: 

William L. Wheatley, Sevierville, Tennessee, for the appellant, Stephen Wayne Shreve.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Courtney N. Orr, Assistant Attorney General; Jimmy B. Dunn, District Attorney General; and Ronald C. Newcomb, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
WILLIAMS

STATE OF TENNESSEE v. GREGORY T. PHELPS

The Defendant, Gregory T. Phelps, appeals from the Knox County Criminal Court’s revocation of his probation for his convictions for felony drug possession and unlawful possession of a firearm and order that he serve his effective four-year sentence in confinement. The Defendant contends that the trial court abused its discretion by revoking his probation. We affirm the judgment of the trial court.

Attorney 1: 

Forrest L. Wallace, Knoxville, Tennessee, for the appellant, Gregory T. Phelps.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Robert W. Wilson, Assistant Attorney General; Charme P. Allen, District Attorney General; and Philip Morton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
MONTGOMERY

STATE OF TENNESSEE v. CHRISTOPHER WILSON

With concurring opinion by Woodall

The Defendant, Christopher Wilson, filed a Rule 9 interlocutory appeal seeking our review of the trial court’s denial of his motion to suppress evidence. The Defendant filed a motion to suppress the results of his blood alcohol test based upon a violation of Missouri v. McNeely, 133 S. Ct. 1552 (2013). The trial court conducted an evidentiary hearing and found that a “good faith exception” to the Defendant’s forced blood draw existed and denied the Defendant’s motion. The Defendant filed an application for an interlocutory appeal, which the trial court granted.

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Attorney 1: 

Graham Cox, Collierville, Tennessee, for the appellant, Christopher Wilson.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Rachel E. Willis, Senior Counsel; Amy P. Weirich, District Attorney General; and Michael R. McCusker, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
WEDEMEYER

STATE OF TENNESSEE v. JONATHAN GUTIERREZ

The Appellant, Jonathan Gutierrez, was convicted in the Davidson County Criminal Court of one count of first degree premeditated murder and four counts of aggravated assault and received an effective sentence of life plus sixteen years in confinement.

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Attorney 1: 

Richard C. Strong (on appeal) and Paul Walwyn (at trial), Nashville, Tennessee, for the appellant, Jonathan Gutierrez.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; M. Todd Ridley, Assistant Attorney General; Glenn R. Funk, District Attorney General; and Bret Gunn and Brian Ewald, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: 
OGLE

STATE OF TENNESSEE v. RUDY VINCENT DUNN

The Defendant, Rudy Vincent Dunn, appeals from the Marshall County Circuit Court’s revocation of his probation for his conviction for felony drug possession and order that he serve the remainder of his one-year, three-month sentence in confinement. The Defendant contends that the trial court abused its discretion by ordering him to serve his sentence. We affirm the judgment of the trial court.

Attorney 1: 

Donna Orr Hargrove, District Public Defender, and Michael J. Collins, Assistant Public Defender, for the appellant, Rudy Vincent Dunn.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Clark B. Thornton, Senior Counsel; Robert J. Carter, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
MONTGOMERY