State of Tennessee v. George Harris Patterson, III

Defendant, Montrell Reid, appeals from his guilty-pleaded convictions for harassment and stalking, both Class A misdemeanors. Under the plea agreement, Defendant agreed to serve eleven months and twenty-nine days for each count, with the sentences to be served consecutively and the manner of service to be determined by the trial court. At sentencing, the trial court denied Defendant's request for probation and ordered that he serve his sentence in confinement. On appeal, Defendant contends that the trial court erred in denying his request for probation. Following our review, we affirm the trial court's judgments as to the denial of probation, but we remand for a determination of the percentage of service pursuant to Tennessee Code Annotated section 40-35-302(d).

The Petitioner, Kenneth Lee Cross, appeals as of right from the Trousdale County Circuit Court's summary denial of his petition for writ of habeas corpus. He argues that his probation was revoked at a January 4, 2023 "furlough termination" hearing without counsel and without a valid waiver, rendering the judgment void. The habeas corpus court denied relief, finding noncompliance with statutory filing requirements and concluding the petition failed to state a cognizable habeas corpus claim. Based on our review, we affirm the habeas corpus court's dismissal of the petition.

In 2015, a Knox County jury convicted the Petitioner, Jabriel Linzy, of first-degree murder,attempted first-degree murder, and employment of a firearm during the commission of adangerous felony. The trial court sentenced him to life in prison for the first degree murderconviction, fifteen years for the attempted first degree murder conviction, and six years forthe conviction of employing a firearm during the commission of a dangerous felony. Thetrial court ordered that the two shorter sentences be served consecutively to each other butconcurrently with the life sentence. The Petitioner appealed his convictions, and this courtaffirmed. State v. Linzy, No. E2016-01052-CCA-R3-CD, 2017 WL 3575871, at 1 (Tenn.Crim. App. Aug. 18, 2017), perm. app. denied (Tenn. Nov. 16, 2017). The Petitioner fileda petition for post-conviction relief. After a hearing, the post-conviction court grantedpost-conviction relief, concluding that trial counsel was ineffective for failing to object toinadmissible social media evidence in conjunction with not eliciting testimony about thePetitioner's prior conflict with the victim and that trial counsel's performance prejudicedthe Petitioner. On appeal, the State contends that the post-conviction court erred becausetrial counsel made a reasonable strategic decision when failing to object to the social mediaevidence and because the Petitioner cannot show that trial counsel's performanceprejudiced him. After review, we affirm the post-conviction court's judgment.