Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Murphy

Court of Criminal Appeals of Tennessee, Knoxville

October 23, 2019

STATE OF TENNESSEE
v.
TALMADGE D. MURPHY

          Assigned on Briefs February 26, 2019

          Appeal from the Criminal Court for Sullivan County Nos. S66531, S67284, S67351 James F. Goodwin, Jr., Judge.

         The Appellant, Talmadge D. Murphy, appeals the trial court's revocation of his probationary sentence, specifically arguing that the trial court abused its discretion by considering evidence not elicited by either party during the hearing. Upon review, we reverse the judgment of the trial court and remand for a new revocation hearing.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Reversed; Case Remanded

          William A. Kennedy, Blountville, Tennessee, for the Appellant, Talmadge D. Murphy.

          Herbert H. Slatery III, Attorney General and Reporter; Courtney N. Orr, Assistant Attorney General; Barry P. Staubus, District Attorney General; and Lewis Combs, Assistant District Attorney General, for the Appellee, State of Tennessee.

          Norma McGee Ogle, J., delivered the opinion of the court, in which James Curwood Witt, Jr., and D. Kelly Thomas, Jr., JJ., joined.

          OPINION

          NORMA McGEE OGLE, JUDGE.

         I. Factual Background

         The Appellant was indicted on one count of aggravated domestic assault, one count of failure to appear, and two counts of aggravated assault. He pled guilty to attempted aggravated assault, failure to appear, and two counts of assault. The trial court imposed sentences of three years, one year, and eleven months and twenty-nine days respectively. The three-year sentence was to be served consecutively to the one-year sentence for a total effective sentence of four years, which was to be served on probation.

         On November 8, 2017, a probation violation warrant was issued alleging that (1) the Appellant had been charged with criminal trespass, (2) he had failed to report his arrest to his probation officer, (3) he had failed to provide proof he was employed or was seeking employment, and (4) he had failed to pay probation fees and court costs.

         At the beginning of the probation revocation hearing, defense counsel acknowledged that the Appellant had pled guilty to criminal trespass and that he was guilty of the violations alleged in the warrant. Defense counsel asserted that the Appellant had no prior violations.

         The Appellant testified that he pled guilty to criminal trespass in exchange for a suspended sentence of thirty days. The Appellant said that if he were released on probation, he would live in Kingsport with his wife. The Appellant acknowledged that he was not employed and that he had no employment prospects, but he planned to get a job. The Appellant stated that he was "doing great" on probation prior to his violations. He said that he had not started his community service but that he had been making payments on his court costs.

         On cross-examination, the Appellant said that he did not know if his wife was at home or in the hospital. He explained that she was pregnant and had been diagnosed with Stage 2 cancer. The Appellant denied threatening his wife after he was arrested for criminal trespass and denied they were having domestic problems at the time. The Appellant explained that his wife made the allegations against him in November because she had not taken her ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.