TN Court of Criminal Appeals

STATE OF TENNESSEE v. JOHN DAVID ALTENHOFF

John David Altenhoff, the Defendant, pled guilty to voluntary manslaughter and agreed to an eight-year sentence with the manner of service to be determined by the trial court. After finding that the Defendant had an extensive history of criminal behavior, that society needed to be protected from the Defendant, and that measures less than incarceration had unsuccessfully been applied to the Defendant, the trial court ordered the Defendant to serve his sentence in the Department of Correction. On appeal, the Defendant argues that the trial court erred in denying an alternative sentence.

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Attorney 1: 

B. Jeffery Harmon, Jasper, Tennessee, for the appellant, John David Altenhoff.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; M. Todd Ridley, Assistant Attorney General; Mike Taylor, District Attorney General; and Steve Strain, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
HOLLOWAY

GABRIEL C. TORRES v. STATE OF TENNESSEE

The State appeals after the post-conviction court granted Petitioner, Gabriel C. Torres, post-conviction relief in the form of a new trial. Because the proper remedy was the grant of a delayed appeal, we reverse and remand the judgment of the post-conviction court.

Attorney 1: 

Herbert H. Slatery III, Attorney General and Reporter; Clark B. Thornton, Senior Counsel; John W. Carney, District Attorney General; and Lee Willoughby, Assistant District Attorney General, for the appellant, State of Tennessee.

Attorney 2: 

H. Garth Click, Springfield, Tennessee, for the appellee, Gabriel C. Torres.

Judge: 
EASTER

STATE OF TENNESSEE v. MARIO PATTERSON

A Shelby County jury convicted the Defendant, Mario Patterson, of first degree felony murder, and the trial court imposed a mandatory life sentence. On appeal, the Defendant asserts that the State failed to prove that he intended to commit a robbery and, therefore, he was improperly convicted of first degree felony murder. After review, we affirm the trial court’s judgment.

Attorney 1: 

Laurie W. Hall, Memphis, Tennessee, for the appellant, Mario Patterson.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Counsel; Amy P. Weirich, District Attorney General; and Tracye Jones, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
WEDEMEYER

JOHN MOFFITT v. STATE OF TENNESSEE

A jury convicted the Petitioner, John Moffitt, of reckless aggravated assault, and the trial court sentenced him to four years of incarceration. The Petitioner appealed, and this court affirmed his conviction and sentence. State v. John Moffitt, No. W2014-02388- CCA-R3-CD, 2016 WL 369379, at *1 (Tenn. Crim. App., at Jackson, Jan. 29, 2016), perm. app. denied (Tenn. June 24, 2016). The Petitioner filed a petition for post-conviction relief, alleging that he had received the ineffective assistance of counsel. After a hearing, the post-conviction court denied the petition.

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Attorney 1: 

Michael Thorne, Lexington, Tennessee, for the appellant, John Moffitt.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Courtney N. Orr, Assistant Attorney General; Jody S. Pickens, District Attorney General; and Angela R. Scott, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
WEDEMEYER

STATE OF TENNESSEE v. HENRY LEE JONES

Defendant, Henry Lee Jones, was convicted of two counts of premeditated first degree murder and two counts of felony murder for his role in the 2003 murders of two Shelby County citizens. The jury sentenced Defendant to death for each murder. Defendant now appeals from these convictions and sentences.

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Attorney 1: 

James E. Thomas (on appeal) and James M. Gulley (elbow counsel at trial), Memphis, Tennessee, for the appellant, Henry Lee Jones.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Leslie R. Price, Assistant Attorney General; Amy Weirich, District Attorney General; Tom Henderson and Jennifer Nichols, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: 
EASTER

STATE OF TENNESSEE v. SAVANNAH HUMPHREY

Defendant, Savannah Humphrey, was convicted of one count of aggravated child abuse and one count of aggravated child neglect for injuries sustained by the three-month-old victim while in Defendant’s care. On appeal, Defendant challenges the sufficiency of the evidence and argues that the trial court erred in denying her motion for judgment of acquittal. Based upon our review of the record, we affirm the judgments of the trial court.

Attorney 1: 

Stephanie Ritchie Mize (on appeal) and Jeffry Grimes (at trial), Clarksville, Tennessee, for the appellant, Savannah Ellen Humphrey.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; John W. Carney, District Attorney General; and Kimberly S. Lund, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
EASTER

STATE OF TENNESSEE v. RICO CARTER WHISNET

The Defendant, Rico Carter Whisnet, was convicted by a Hardeman County Circuit Court jury of delivery of less than 0.5 gram cocaine, a Class C felony, and delivery of 0.5 gram or more of cocaine, a Class B felony. See T.C.A. § 39-17-417 (2014). The trial court sentenced the Defendant as a Range II, multiple offender to concurrent terms of eight and sixteen years in confinement. On appeal, the Defendant contends that the trial court erred in its application of the mitigating and enhancement factors and by imposing more than the minimum sentence.

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Attorney 1: 

Coleman W. Garrett and Claiborne H. Ferguson, Memphis, Tennessee, for the appellant, Rico Carter Whisnet.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Counsel; Mike Dunavant, District Attorney General; and Joe VanDyke, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
MONTGOMERY

JEROME JOHNSON v. STATE OF TENNESSEE

Petitioner, Jerome Johnson, was convicted of reckless endangerment, aggravated assault, and solicitation of the filing of a false police report. His convictions and effective sentence of fifteen years, eleven months, and twenty-nine days were affirmed on direct appeal. See State v. Jerome Johnson, No. W2012-01754-CCA-R3-CD, 2013 WL 5488522, at *1 (Tenn. Crim. App. Sept. 30, 2013), perm. app. denied (Tenn. Feb. 11, 2014). Petitioner subsequently sought post-conviction relief for ineffective assistance of both trial counsel and appellate counsel.

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Attorney 1: 

Eric Mogy (on appeal), and Gregory D. Allen (at hearing), Memphis, Tennessee, for the appellant, Jerome L. Johnson.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Zachary T. Hinkle, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Ann Schiller, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
EASTER

STATE OF TENNESSEE v. KENNETH DARRIN FISHER

The Defendant, Kenneth Darrin Fisher, was convicted by an Anderson County Circuit Court jury of attempted first degree murder, a Class A felony, for which he is serving an eighteen-year sentence as a Range I, standard offender. See T.C.A. §§ 39-12-101 (2014) (criminal attempt), 39-13-202 (2014) (first degree murder).

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Attorney 1: 

David A. Stuart, Clinton, Tennessee, for the appellant, Kenneth Darrin Fisher.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; David S. Clark, District Attorney General; Emily Abbott and Anthony Craighead, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: 
MONTGOMERY

STATE OF TENNESSEE v. JIMMY WILLIAMS

A Shelby County jury convicted the Defendant, Jimmy Williams, of aggravated assault. The trial court sentenced the Defendant as a career offender to fifteen years in prison. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction and that the trial court erred in sentencing him as a career offender. After review, we affirm the trial court’s judgment.

Attorney 1: 

Laurie W. Hall (at trial and on appeal) and Juni Gangult (at trial), Memphis, Tennessee, for the appellant, Jimmy Williams.

Attorney 2: 

Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Counsel; Amy P. Weirich, District Attorney General; and Abby Wallace, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: 
WEDEMEYER