State v. Booker

11 Citing cases

  1. State v. Glass

    No. M2015-00895-CCA-R3-CD (Tenn. Crim. App. Feb. 19, 2016)

    In the context of probation revocations, for this court to find an abuse of discretion, "there must be no substantial evidence to support the conclusion of the trial court that a violation of the conditions of probation has occurred." Shaffer, 45 S.W.3d at 554; see also State v. Pamela J. Booker, No. E2012-00809-CCA-R3-CD, 2012 WL 6632817, at *2 (Tenn. Crim. App. Dec. 19, 2012). In this case, the trial court did not abuse its discretion. It found by a preponderance of the evidence that appellant had violated his probation, and the record supports the trial court's ruling.

  2. State v. Corum

    No. M2015-01140-CCA-R3-CD (Tenn. Crim. App. Feb. 10, 2016)

    In the context of probation revocations, for this court to find an abuse of discretion, "there must be no substantial evidence to support the conclusion of the trial court that a violation of the conditions of probation has occurred." Shaffer, 45 S.W.3d at 554; see also State v. Pamela J. Booker, No. E2012-00809-CCA-R3-CD, 2012 WL 6632817, at *2 (Tenn. Crim. App. Dec. 19, 2012). Appellant's argument, simply, is that "based upon the proof presented at the hearing, [a]ppellant respectfully submits that the trial court erred in revoking [a]ppellant's probation based upon the sufficiency and weight of the evidence presented at the hearing."

  3. State v. Greene

    No. E2015-01068-CCA-R3-CD (Tenn. Crim. App. Jan. 13, 2016)

    In the context of probation revocations, for this court to find an abuse of discretion, "there must be no substantial evidence to support the conclusion of the trial court that a violation of the conditions of probation has occurred." Shaffer, 45 S.W.3d at 554; see also State v. Pamela J. Booker, No. E2012-00809-CCA-R3-CD, 2012 WL 6632817, at *2 (Tenn. Crim. App. Dec. 19, 2012). Citing no authority, appellant argues that his voluntary admission to his probation officer that he had used marijuana is "conduct our trial judges advise in many cases" when they are sentencing offenders believed to have a drug problem.

  4. State v. Ferguson

    No. E2015-00984-CCA-R3-CD (Tenn. Crim. App. Dec. 17, 2015)

    In the context of probation revocations, for this court to find an abuse of discretion, "there must be no substantial evidence to support the conclusion of the trial court that a violation of the conditions of probation has occurred." Shaffer, 45 S.W.3d at 554; see also State v. Pamela J. Booker, No. E2012-00809-CCA-R3-CD, 2012 WL 6632817, at *2 (Tenn. Crim. App. Dec. 19, 2012). Appellant argues that despite counsel's admission that he had two positive drug screens and noncompliance with the terms of his community service, he nonetheless posits that "[g]iven the sketchy evidence around the identity theft and criminal simulation allegations, the trial court's reliance on its findings with regard to these allegations was unreasonable."

  5. State v. Felton

    No. M2014-02333-CCA-R3-CD (Tenn. Crim. App. Jul. 27, 2015)

    In the context of probation revocations, for this court to find an abuse of discretion, "there must be no substantial evidence to support the conclusion of the trial court that a violation of the conditions of probation has occurred." Shaffer, 45 S.W.3d at 554; see also State v. Pamela J. Booker, No. E2012-00809-CCA-R3-CD, 2012 WL 6632817, at *2 (Tenn. Crim. App. Dec. 19, 2012). In this case, when the trial court sustained appellant's probation violation in March 2014, it ordered him to serve fifteen weekends in jail and extended his probation.

  6. State v. Bishop

    No. M2014-01485-CCA-R3-CD (Tenn. Crim. App. May. 21, 2015)

    In the context of probation revocations, for this court to find an abuse of discretion, "there must be no substantial evidence to support the conclusion of the trial court that a violation of the conditions of probation has occurred." Shaffer, 45 S.W.3d at 554; see also State v. Pamela J. Booker, No. E2012-00809-CCA-R3-CD, 2012 WL 6632817, at *2 (Tenn. Crim. App. Dec. 19, 2012). In this case, the criminal court found that appellant had violated his probation by failing drug screens twice, in December and in May, and by failing to attend the outpatient program.

  7. State v. Forster

    No. E2013-01963-CCA-R3-CD (Tenn. Crim. App. May. 6, 2014)

    In the context of probation revocations, for this court to find an abuse of discretion, "there must be no substantial evidence to support the conclusion of the trial court that a violation of the conditions of probation has occurred." Shaffer, 45 S.W.3d at 554; see also State v. Pamela J. Booker, No. E2012-00809-CCA-R3-CD, 2012 WL 6632817, at *2 (Tenn. Crim. App. Dec. 19, 2012). B. Alleged Abuse of Discretion

  8. State v. Brawner

    No. W2013-01144-CCA-R3-CD (Tenn. Crim. App. Feb. 4, 2014)   Cited 32 times

    In the context of probation revocations, for this court to find an abuse of discretion, "there must be no substantial evidence to support the conclusion of the trial court that a violation of the conditions of probation has occurred." Shaffer, 45 S.W.3d at 554; see also State v. Pamela J. Booker, No. E2012-00809-CCA-R3-CD, 2012 WL 6632817, at *2 (Tenn. Crim. App. Dec. 19, 2012). The trial court concluded that appellant had violated the terms and conditions of his probation by committing new offenses.

  9. State v. Selke

    No. M2013-01720-CCA-R3-CD (Tenn. Crim. App. Jan. 28, 2014)

    In the context of probation revocations, for this court to find an abuse of discretion, "there must be no substantial evidence to support the conclusion of the trial court that a violation of the conditions of probation has occurred." Shaffer, 45 S.W.3d at 554; see also State v. Pamela J. Booker, No. E2012-00809-CCA-R3-CD, 2012 WL 6632817, at *2 (Tenn. Crim. App. Dec. 19, 2012). The trial court concluded that appellant had violated the terms and conditions of his probation by garnering another conviction.

  10. State v. Gibson

    No. E2013-01023-CCA-R3-CD (Tenn. Crim. App. Jan. 24, 2014)

    In the context of probation revocations, for this court to find an abuse of discretion, "there must be no substantial evidence to support the conclusion of the trial court that a violation of the conditions of probation has occurred." Shaffer, 45 S.W.3d at 554; see also State v. Pamela J. Booker, No. E2012-00809-CCA-R3-CD, 2012 WL 6632817, at *2 (Tenn. Crim. App. Dec. 19, 2012). B. Notice