TN Court of Criminal Appeals

STATE OF TENNESSEE v. CHRISTOPHER LYNN TAYLOR

The Defendant, Christopher Lynn Taylor, appeals as of right from the trial court’s order of total incarceration after his second violation of his six-year probationary sentence. The Defendant contends that the trial court erred in determining that he was a danger to society and by denying his request for drug treatment in the Community Corrections Program. Following our review, we discern no error. Thus, we affirm the judgments of the trial court.

Attorney 1: 

J. Thomas Marshall, District Public Defender; and Nancy C. Meyer, Assistant District Public Defender, for the Defendant, Christopher Lynn Taylor.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Zachary T. Hinkle, Assistant Attorney General; David S. Clark, District Attorney General; and Emily F. Abbott, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
THOMAS

JAMES MELLON v. STATE OF TENNESSEE

The Petitioner, James Mellon, appeals as of right from the denial of his petition for post-conviction relief. On appeal, the Petitioner contends that he received ineffective assistance of counsel because trial counsel failed to present a viable defense. Following our review, we affirm the judgment of the post-conviction court.

Attorney 1: 

Jonathan S. Wood, Knoxville, Tennessee, for the appellant, James Mellon.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Katherine C. Redding, Assistant Attorney General; Charme P. Allen, District Attorney General; and Leslie Nassios, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
THOMAS

STATE OF TENNESSEE v. JOHN LOWERY

Petitioner, John Lowery, appeals from the trial court’s denial of his petition for writ of error coram nobis. Eleven years after Petitioner’s convictions and sentences were affirmed on direct appeal, Petitioner filed a petition for writ of error coram nobis, which was summarily dismissed by the trial court. In his petition, Petitioner asserted that two witnesses recanted their identification of Petitioner as the shooter, and a previously unknown witness said that Petitioner was not at the scene of the crime.

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Attorney 1: 

Joseph A. Fanduzz, Knoxville, Tennessee, for the appellant, John Lowery.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Charme P. Allen, District Attorney General; and Leland Price, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
WOODALL

STATE OF TENNESSEE v. JENNIFER HODGES

Defendant, Jennifer Hodges, pleaded nolo contendere to six counts of statutory rape, a Class D felony, and one count of solicitation of a minor, a Class E felony. Defendant was sentenced to four years for each count of aggravated statutory rape and two years for solicitation. All sentences were ordered to run concurrently for an effective four-year sentence. The effective sentence was suspended, and she was placed on probation for four years.

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Attorney 1: 

Roger Eric Nell, District Public Defender; and Charles Bloodworth, Sr., Assistant Public Defender, Clarksville, Tennessee, for the appellant, Jennifer Hodges.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Leslie E. Price, Senior Counsel; John Wesley Carney, Jr., District Attorney General; and Kimberly Lund, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
WOODALL

STATE OF TENNESSEE v. LESTER ARNOLD CLOUSE

A White County jury convicted Defendant, Lester Arnold Clouse, of aggravated assault, assault, and resisting arrest. The trial court merged the resisting arrest conviction into the aggravated assault conviction and sentenced Defendant to an effective fifteen-year sentence as a Range III, persistent offender, to be served consecutively to other outstanding sentences. On direct appeal, this court affirmed Defendant’s convictions but reversed his sentence and remanded the case for a new sentencing hearing. See State v. Lester Arnold Clouse, No.

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Attorney 1: 

Billy K. Tollison, Sparta, Tennessee, for the appellant, Lester Arnold Clouse.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Courtney N. Orr, Assistant Attorney General; Bryant C. Dunaway, District Attorney General; and Howard Chambers, Assistant District Attorney General, for the appellee. State of Tennessee.

Judge: 
WOODALL

STATE OF TENNESSEE v. DEMARCUS LASHAWN BLACKMAN

The Defendant, Demarcus Lashawn Blackmun, was indicted by a Marshall County grand jury for the sale and delivery of .5 grams or more of cocaine in violation of Tennessee Code Annotated sections 39-17-417(a)(2) and (3) (2010). He was later convicted by a jury as charged. Following a sentencing hearing, the trial court merged the convictions and imposed twelve years’ incarceration. In this appeal as of right, the Defendant argues that the evidence is insufficient to support his convictions and that the trial court abused its discretion in imposing its sentence.

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Attorney 1: 

Michael J. Collins, Assistant Public Defender (at trial and on appeal) and William J. Russell, District Public Defender (at trial), Shelbyville, Tennessee, for the Defendant- Appellant, Demarcus Lashawn Blackman.

Attorney 2: 

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

Judge: 
MCMULLEN

STATE OF TENNESSEE v. TIMOTHY REYNOLDS

Defendant, Timothy Reynolds, pled guilty to the sale of less than .5 grams of cocaine. As a result of the guilty plea he was sentenced to six years with one year to serve and the remainder to be served on supervised probation. After Defendant’s probation was partially revoked on two separate occasions, a third probation violation resulted in the complete revocation of probation. Defendant appeals the revocation of probation. We affirm the trial court’s decision to revoke Defendant’s probation.

Attorney 1: 

Claudia Jack, District Public Defender; Hershell Koger (at hearing and on appeal), Assistant District Public Defender; and Brandon E. White (on appeal), Columbia, Tennessee, for the appellant, Timothy Reynolds.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Counsel; Brent Cooper, District Attorney General; and Jonathan Davis, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
EASTER

JEFFREY S. PETTY v. STATE OF TENNESSEE

The Petitioner, Jeffrey S. Petty, appeals the Dickson County Circuit Court’s denial of his petition for post-conviction relief. On appeal, he argues that trial counsel was ineffective by (1) failing to move for a mistrial based on juror misconduct; (2) failing to file a motion to suppress evidence found in the Petitioner’s car; and (3) failing to include certain issues in his motion for new trial. Upon our review, we affirm the judgment of the post- conviction court.

Attorney 1: 

Steven S. Hooper, Waverly, Tennessee, for the Petitioner, Jeffrey S. Petty.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Senior Counsel; Wendell Ray Crouch, Jr., District Attorney General; and Carey J. Thompson, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: 
MCMULLEN

STATE OF TENNESSEE v. RICKY LEE PALMER

Defendant, Ricky Lee Palmer, appeals from his conviction of aggravated assault for which he was sentenced to six years. On appeal, he challenges the sufficiency of the evidence. We determine that the evidence was monumentally sufficient to sustain the conviction for aggravated assault. Therefore, the judgment of the trial court is affirmed.

Attorney 1: 

Manuel B. Russ (on appeal) and W. Douglass Love (at trial), Nashville, Tennessee, for the appellant, Ricky Lee Palmer.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Ruth Anne Thompson, Senior Counsel; Glenn R. Funk, District Attorney General; and J. Wesley King, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
EASTER

STATE OF TENNESSEE v. JOHN LOWERY

Petitioner, John Lowery, appeals from the trial court’s denial of his petition for writ of error coram nobis. Eleven years after Petitioner’s convictions and sentences were affirmed on direct appeal, Petitioner filed a petition for writ of error coram nobis, which was summarily dismissed by the trial court. In his petition, Petitioner asserted that two witnesses recanted their identification of Petitioner as the shooter, and a previously unknown witness said that Petitioner was not at the scene of the crime.

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Attorney 1: 

Joseph A. Fanduzz, Knoxville, Tennessee, for the appellant, John Lowery.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Charme P. Allen, District Attorney General; and Leland Price, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
WOODALL