John Willie Stone v. State of Tennessee
M2016-01269-CCA-R3-PC
| Tenn. Crim. App. | Jun 6, 2017Background
- On Aug. 26, 2014, victim Caitlin Pope parked an unlocked truck; her wallet and a folding knife were later recovered near a scuffle.
- Neighbor Andrew Doak observed John Willie Stone exiting the driver side of Pope’s truck, followed Stone, and subdued him after Stone lunged and threatened Doak with a knife; Doak sustained a forearm cut.
- Police recovered Pope’s wallet and her folding knife near where Doak had restrained Stone; Pope identified both and denied consent to entry or taking.
- A Bedford County jury convicted Stone of automobile burglary, theft (≤ $500), and aggravated assault; the trial court imposed an effective 21-year sentence (consecutive within-range terms).
- Stone filed pro se post-trial motions alleging ineffective assistance; the trial court treated a motion for new counsel as a post-conviction petition, held a combined hearing, and denied relief and his motion for new trial.
- On appeal, the Court of Criminal Appeals affirmed convictions and sentences, vacated the trial court’s adjudication treating the motion as a post-conviction petition, and left Stone free to pursue post-conviction relief properly.
Issues
| Issue | Stone's Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to convict | Evidence was insufficient to prove he burglarized the truck, stole the wallet/knife, or assaulted with a deadly weapon | Testimony and physical evidence tie Stone to the vehicle, the knife, and Doak’s injury | Convictions affirmed — evidence viewed in light most favorable to State was sufficient (burglary, theft, aggravated assault) |
| Sentence excessive | Sentences (6 and 15 years consecutive) were excessive | Sentences were within statutory ranges and supported by extensive criminal history | Sentences affirmed — within-range, trial court considered statutory factors and articulated reasons for consecutive service |
| Ineffective assistance of trial counsel | Counsel failed to obtain DNA/fingerprint testing, failed to seek prosecutor recusal, failed to disclose discovery, failed to use injury photos, failed to move for mistrial over juror contact, and failed to consult adequately | Counsel’s testimony credited; tactical decisions were reasonable; no prejudice shown | Denial of ineffective-assistance claims affirmed (trial court credited counsel; appellant waived some issues on appeal for lack of briefing) |
| Trial court’s treatment of pro se motion as post-conviction petition | Court treated Stone’s motion for new counsel as a post-conviction petition, potentially barring later relief | State argued claims could be addressed post-trial; trial court cautioned appellant but proceeded | Court held trial court erred in treating the motion as a post-conviction petition and vacated that portion of the judgment; Stone remains free to file a proper post-conviction petition (but has exhausted raised claims) |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance two-prong test)
- Baxter v. Rose, 523 S.W.2d 930 (Tenn. 1975) (competence standard for Tennessee counsel claims)
- State v. Bise, 380 S.W.3d 682 (Tenn. 2012) (presumption of reasonableness for within-range sentences)
- State v. Pollard, 432 S.W.3d 851 (Tenn. 2013) (review of consecutive sentences)
- Goad v. State, 938 S.W.2d 363 (Tenn. 1996) (prejudice analysis in ineffectiveness claims)
- State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011) (sufficiency review principles)