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Appeals court upholds 30-year robbery sentence

Posted at 7:35 pm December 4, 2022
By John Huotari Leave a Comment

A Tennessee appeals court this summer upheld a 30-year prison sentence against an Oliver Springs man convicted of aggravated robbery in Clinton, finding that the Anderson County trial court did not err in sentencing him as a career offender.

Wallace Wade Tidwell, 44, had been accused of robbing a Shell gas station on Charles Seivers Boulevard in Clinton in June 2015. A clerk testified at trial in April 2019 that Tidwell came out of the store’s bathroom, ordered her to give him the money in the cash register, lifted his shirt, and showed her what she thought was the butt of a gun in his waistband, according to a 14-page opinion filed by the Tennessee Court of Criminal Appeals in Knoxville.

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Filed Under: Anderson County, Clinton, Courts, Front Page News, Police and Fire, Premium Content, Tennessee Tagged With: aggravated robbery, Anderson County Criminal Court, Anderson County General Sessions Court, Clinton Police Department, robbery, Russell Barker, Tennessee Court of Criminal Appeals, Vaughn Becker, Wallace Wade Tidwell

Appeals court upholds attempted murder conviction

Posted at 2:11 pm July 14, 2021
By John Huotari Leave a Comment

Curtis-Isabell-McKinley-McGee-Sentencing-Sept-9-2019
McKinnley Earl McGee, 51, of Oak Ridge, who is pictured above at right, was sentenced to the maximum 20 years in prison in Anderson County Criminal Court on Monday, Sept. 9, 2019, for an attempted murder during a stabbing that injured a woman so severely that she would have died if she hadn’t received medical treatment, a judge and prosecutor said. At left is defense attorney Curtis Isabell. (Photo by John Huotari/Oak Ridge Today)

The Tennessee Court of Criminal Appeals has upheld an attempted murder conviction against an Oak Ridge man who received the maximum 20-year prison sentence for a stabbing that injured a woman so severely that she reportedly would have died if she hadn’t received medical treatment.

McKinnley McGee was convicted of attempted second-degree murder, aggravated assault with a deadly weapon, and aggravated assault with serious bodily injury two years ago, after a one-day trial in Anderson County Criminal Court in July 2019. He was convicted of stabbing and trying to kill Machel Elaine Avery on Utica Circle in Oak Ridge on January 12, 2018.

Curtis-Isabell-McKinley-McGee-Sentencing-Sept-9-2019

McKinnley Earl McGee, of Oak Ridge, who is pictured above at right, was sentenced to the maximum 20 years in prison in Anderson County Criminal Court on Monday, Sept. 9, 2019, for an attempted murder during a stabbing that injured a woman so severely that she would have died if she hadn’t received medical treatment, a judge and prosecutor said. At left is defense attorney Curtis Isabell. (Photo by John Huotari/Oak Ridge Today)

 

The Tennessee Court of Criminal Appeals has upheld an attempted murder conviction against an Oak Ridge man who received the maximum 20-year prison sentence for a stabbing that injured a woman so severely that she reportedly would have died if she hadn’t received medical treatment.

McKinnley McGee was convicted of attempted second-degree murder, aggravated assault with a deadly weapon, and aggravated assault with serious bodily injury two years ago, after a one-day trial in Anderson County Criminal Court in July 2019. He was convicted of stabbing and trying to kill Machel Elaine Avery on Utica Circle in Oak Ridge on January 12, 2018.

McGee was sentenced to the maximum 20 years in prison in September that year. That was based in part on his extensive criminal record, which includes at least eight felony convictions and seven misdemeanors dating back 30 years in Anderson County and California, according to court records and information provided during the sentencing hearing.

In his appeal, McGee had questioned whether the evidence was sufficient to support his conviction for attempted second-degree murder. He argued that prosecutors had failed to prove that he acted in a way that was intended and reasonably certain to cause Avery’s death, the appeals court said.

But in an opinion published April 9, the appeals court found that the evidence was sufficient. The opinion has not been previously reported.

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Filed Under: Anderson County, Courts, Courts, Front Page News, Oak Ridge, Police and Fire, Premium Content, Slider, Tennessee Tagged With: aggravated assault, Alan E. Glenn, Anderson County Criminal Court, Appeals Court, attempted murder, attempted second-degree murder, Camille R. McMullen, Christopher Wallace, Curtis Isabell, James Curwood Witt Jr., Machel Elaine Avery, Matthew Johnston, McKinnley McGee, Oak Ridge Police Department, Renee W. Turner, Roy Frank Roberts, Tennessee Court of Criminal Appeals, Tony Craighead, Tracey Vought Williams

For members: Appeals Court upholds first-degree murder conviction in uncle’s death

Posted at 12:15 pm October 29, 2019
By John Huotari Leave a Comment

Norman-Follis-Norman-Follis-Trial-May-10-2016
The Tennessee Court of Criminal Appeals has upheld the first-degree murder conviction of Norman Lee Follis Jr., 56, of Anderson County, who killed his uncle, Samuel “Sammie” J. Adams, 79, and shoved his body in an apartment closet more than seven years ago. (Photo by John Huotari/Oak Ridge Today)

Note: This story was last updated at 2:15 p.m.

The Tennessee Court of Criminal Appeals has upheld the first-degree murder conviction of an Anderson County man convicted of killing his uncle and shoving his body into an apartment closet more than seven years ago.

 
Norman-Follis-Norman-Follis-Trial-May-10-2016

The Tennessee Court of Criminal Appeals has upheld the first-degree murder conviction of Norman Lee Follis Jr., 56, of Anderson County, who killed his uncle, Samuel “Sammie” J. Adams, 79, and shoved his body in an apartment closet more than seven years ago. (Photo by John Huotari/Oak Ridge Today)

 

The Tennessee Court of Criminal Appeals has upheld the first-degree murder conviction of an Anderson County man convicted of killing his uncle and shoving his body into an apartment closet more than seven years ago.

The court upheld the conviction, which led to a lifetime sentence without parole, in a 14-page opinion filed Friday, October 18.

The defendant, Norman Lee Follis Jr., 56, had told a detective that he killed his uncle, Samuel “Sammie” J. Adams, 79, after he saw Adams on top of his girlfriend, groping her and refusing to stop. When he tried to pull his uncle off of his girlfriend, Follis said, his uncle turned and attacked him. Follis said Adams had him down on the floor, and he couldn’t get out from under Adams, so he grabbed the first thing he could, a heater cord, and wrapped it around his uncle’s neck until Adams let go.

Prosecutors characterized Follis’ explanation for the killing—the defense of a third party followed by self-defense—as a story that he latched onto and then elaborated upon during an interview with Anderson County Sheriff’s Department Detective Don Scuglia in January 2012. Two hours of taped interviews with Scuglia were “full of lies,” Tony Craighead, deputy district attorney general in the Seventh Judicial District, said during the trial in May 2016. Prosecutors called it murder, a premeditated killing that profited Follis and his girlfriend, Tammy Sue Chapman, now 51. They said Follis misled family, neighbors, and law enforcement officers about where Adams was that last month—before his body was found in a Patt Lane apartment closet on January 24, 2012—and they cited testimony that Follis sold Adams’ car for $1,000 cash on January 16, 2012.

In his appeal, which was filed last year, Follis argued that the state had failed to prove premeditation and didn’t show that a deadly weapon was used. He said prosecutors didn’t have a declaration of his intent to kill Adams.

But the state and appeals court disagreed, saying premeditation was established by Follis’ actions during and after his uncle’s death. Among other factors, those actions included placing the electrical heater cord around Adams’ neck and using it as a deadly weapon, hiding the body in a closet and pushing a couch in front of the closet door to conceal it, and using his uncle’s car after his death.

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Note: Most news stories on Oak Ridge Today are free, brought to you by Oak Ridge Today with help from our advertisers, sponsors, and subscribers. Some are considered premium content. This story is premium content. Premium content can include in-depth, investigative, and exclusive stories. These stories generally take more than four hours to report, write, and publish.

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Filed Under: Anderson County, Anderson County, Courts, Courts, Front Page News, Police and Fire, Premium Content, Slider, Tennessee Tagged With: Anderson County Circuit and Criminal Court, Anderson County Sheriff's Department, Camille R. McMullen, Don Scuglia, first-degree murder, J. Ross Dyer, Norman Lee Follis Jr., Samuel "Sammie" J. Adams, Tammy Sue Chapman, Tennessee Court of Criminal Appeals, Timothy L. Easter

Tennessee Supreme Court will not hear Cromwell’s appeal

Posted at 1:13 pm January 29, 2019
By John Huotari Leave a Comment

Oak Ridge resident Lee Harold Cromwell, 68, was sentenced to 25 years in prison on 28 counts of forgery and filling fraudulent liens during a hearing in Nashville criminal court on Wednesday, June 27, 2018. (Photo by John Huotari/Oak Ridge Today)

The Tennessee Supreme Court will not hear an appeal of a criminal case filed against Lee Harold Cromwell, who is now 69 and was convicted of reckless vehicular homicide in Anderson County Criminal Court two years ago after a fatal crash after fireworks in Oak Ridge in 2015. Cromwell is pictured above during a hearing in a Nashville criminal court on Wednesday, June 27, 2018, when he was sentenced to 25 years in prison in a separate case involving 28 counts of forgery and filling fraudulent liens. (File photo by John Huotari/Oak Ridge Today)

  The Tennessee Supreme Court will not hear an appeal of the criminal case filed against Lee Harold Cromwell, who was convicted of homicide after a fatal crash after fireworks in Oak Ridge in 2015. Cromwell, who is now 69, had been convicted of reckless vehicular homicide and aggravated assault in Anderson County Criminal Court at the end of a three-day trial in February 2017. But in July 2018, the Tennessee Court of Criminal Appeals in Knoxville said Cromwell is eligible for a new trial on the aggravated assault charges. The court cited misleading and confusing jury instructions. The aggravated assault convictions, which were reversed by the appeals court, had helped to add seven years to Cromwell’s sentence. The court upheld Cromwell’s one conviction of reckless vehicular homicide and his five-year sentence on that charge. In August, Cromwell appealed to the Tennessee Supreme Court. [Read more…]

Filed Under: Anderson County, Courts, Front Page News, Oak Ridge, Police and Fire, Tennessee, Top Stories Tagged With: aggravated assault, Anderson County Criminal Court, Dave Clark, fatal crash, forgery, fraudulent liens, James Robinson, Lee Harold Cromwell, reckless vehicular homicide, sovereign citizens, Tennessee Court of Criminal Appeals, Tennessee Supreme Court

In depth: Cromwell gets new trial in fatal July 4 fireworks crash

Posted at 8:28 pm July 5, 2018
By John Huotari Leave a Comment

Lee Harold Cromwell (Photo by John Huotari/Oak Ridge Today)

Lee Harold Cromwell (Photo by John Huotari/Oak Ridge Today)

Lee Harold Cromwell (Photo by John Huotari/Oak Ridge Today)

Lee Harold Cromwell (Photo by John Huotari/Oak Ridge Today)

 

Lee Harold Cromwell, who was convicted of homicide and aggravated assault after a fatal crash after fireworks three years ago, is eligible for a new trial on the aggravated assault charges, a state appeals court said Tuesday.

After reviewing several issues raised on appeal, the Tennessee Court of Criminal Appeals in Knoxville upheld Cromwell’s one conviction of reckless vehicular homicide and his five-year sentence on that charge.

But citing misleading and confusing jury instructions, the court ordered a new trial in Anderson County Criminal Court in Clinton on the eight convictions of reckless aggravated assault. Those convictions, which were reversed by the appeals court on Tuesday, had helped to add seven years to Cromwell’s sentence.

“After our review, we affirm the evidence was sufficient to support the defendant’s convictions and the trial court properly sentenced the defendant, but (we) conclude the trial court committed reversible error in instructing the jury as to reckless aggravated assault,” the Tennessee Court of Criminal Appeals said. “Therefore, we vacate the defendant’s eight convictions for reckless aggravated assault and remand this case to the trial court for a new trial.”

The rest of this in-depth content, which includes exclusive coverage of oral arguments and the jury instructions, is available if you are a member: a subscriber, advertiser, or recent contributor to Oak Ridge Today. 

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Note: Most news stories on Oak Ridge Today are free, brought to you by Oak Ridge Today with help from our advertisers, sponsors, and subscribers. Some are considered premium content. This story is premium content. Premium content can include in-depth, investigative, and exclusive stories.

Filed Under: Courts, Courts, For Members, Oak Ridge, Police and Fire, Premium Content, Slider, Tennessee Tagged With: aggravated assault, Anderson County Criminal Court, Anthony Craighead, Davidson County Criminal Court, Don Elledge, fatal crash, fatal July 4 fireworks crash, forgery, fraudulent liens, J. Ross Dyer, James K. Scott, James Robinson, John Everett Williams, jury instructions, Lee Harold Cromwell, Midtown Community Center, new trial, Paul G. Summers, reckless aggravated assault, reckless vehicular homicide, Robert L. Holloway Jr., Seventh Judicial District, Tennessee Court of Criminal Appeals, Tennessee Pattern Jury Instruction, Tom Marshall, Zachary T. Hinkle

Cromwell’s motion for new trial is denied

Posted at 4:52 pm July 16, 2017
By John Huotari Leave a Comment

Lee Harold Cromwell, 67, the Oak Ridge man convicted of vehicular homicide in a fatal parking lot crash at Midtown Community Center after July 4 fireworks two years ago, was sentenced to 12 years in prison during a hearing in Anderson County Criminal Court on Monday, June 19, 2017. (Photo by John Huotari/Oak Ridge Today

Lee Harold Cromwell, 67, the Oak Ridge man convicted of vehicular homicide in a fatal parking lot crash at Midtown Community Center after July 4 fireworks two years ago, was sentenced to 12 years in prison during a hearing in Anderson County Criminal Court on Monday, June 19, 2017. (File photo by John Huotari/Oak Ridge Today)

 

A judge has denied the motion for a new trial for Lee Harold Cromwell, the man convicted of vehicular homicide in a 2015 fireworks crash at Midtown Community Center in Oak Ridge.

Cromwell, 67, was convicted of one count of vehicular homicide and eight counts of aggravated assault after a three-day trial in Anderson County Criminal Court in Clinton in February. He was sentenced to 12 years in prison in June.

The crash occurred when Cromwell backed his Dodge Ram pickup truck through the crowded parking lot of the Midtown Community Center after fireworks in Oak Ridge on July 4, 2015. The crash killed James Robinson of Knoxville, a husband and father of two young girls, and it injured at least eight others. It’s one of the worst crashes anyone can remember in Oak Ridge.

Cromwell’s motion for a new trial was heard by Senior Judge Paul G. Summers in Anderson County Criminal Court in Clinton on June 27.

Summers denied the motion for a new trial that day. He issued an order July 5.

The case has been appealed to the Tennessee Court of Criminal Appeals in Knoxville. [Read more…]

Filed Under: Anderson County, Front Page News, Oak Ridge, Police and Fire, Police and Fire, Slider, Top Stories Tagged With: 2015 fireworks crash, aggravated assault, Anderson County Criminal Court, James Robinson, Lee Harold Cromwell, Midtown Community Center, motion for a new trial, Paul G. Summers, Tennessee Court of Criminal Appeals, Tom Marshall, Tony Craighead, vehicular homicide

Appeals court upholds murder verdict, life sentence

Posted at 12:11 pm February 17, 2014
By Oak Ridge Today Staff Leave a Comment

Information from WYSH Radio

The Tennessee Court of Criminal Appeals last week upheld the first-degree murder conviction of a man who killed his mother-in-law with a hatchet while his infant daughter was in a nearby room nearly seven years ago.

Robert Fritts was convicted in the March 2007 death of Teresa Busler, who died from multiple blows to the head from a hatchet and had a white paint-like substance sprayed on her face. Fritts and his wife—the victim’s daughter—and their infant daughter had been living at the family’s Andersonville home at the time of the murder. The baby was found unharmed in another bedroom when Busler’s husband returned home and discovered the grisly crime scene.

The case was somewhat noteworthy as prosecutors introduced evidence that Fritts was part of a group of so-called “jugalos,” or fans of rap group Insane Clown Posse. Insane Clown Posse band members often wear white, clown-style face makeup and their record label—Psychopathic Records—uses a picture of a hatchet-wielding man as its logo. In his appeal, Fritts’ attorneys argued that it was “improper for prosecutors to submit evidence of his affiliation with the rap group or suggesting that the band or its followers were a gang.” He also argued there was not sufficient evidence to establish that Busler’s murder was premeditated. [Read more…]

Filed Under: Anderson County, Police and Fire, Tennessee, Top Stories Tagged With: Andersonville, Appeals Court, first-degree murder, hatchet, Insane Clown Posse, jugalos, murder, Robert Fritts, Tennessee Court of Criminal Appeals, Teresa Butler

Two from Clinton apply for Appeals Court seat

Posted at 11:12 am June 17, 2013
By John Huotari Leave a Comment

Information from WYSH Radio

Several people, including two from Clinton, have applied to fill an anticipated 2014 vacancy on the Tennessee Court of Criminal Appeals. The opening is the result of an announcement by Court of Criminal Appeals Judge Joseph Tipton that he will not seek re-election in August 2014, creating a vacancy effective Sept. 1, 2014.

Because the statutory provisions for the Judicial Nominating Commission expire June 30, the commission will meet this month to select a slate of candidates for Gov. Bill Haslam to choose from. The Court of Criminal Appeals opening is for the Eastern Tennessee Grand Division. [Read more…]

Filed Under: Government, Police and Fire, State, Top Stories Tagged With: Bill Haslam, Clinton, Eastern Tennessee Grand Division, Joseph Tipton, Judicial Nominating Commission, Ridenour and Ridenour Law Firm, Samuel K. Lee, Sandra N. Craig Donaghy, Seventh Judicial District, Tennessee Court of Criminal Appeals, vacancy

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