Attorney Wesley Daniel Stone's Legal Cases

Criminal defense

State of Tennessee v. Benjamin Foust, Court of Criminal Appeals, E2014-00277-CCA-R3-CD

Sep 09, 2015

OUTCOME: Reversed and Remanded

Hodges, Doughty and Carson, PLLC is pleased to announce that Mr. Wesley D. Stone, Member, recently and successfully obtained the reversal of twelve first degree murder convictions, four especially aggr ... avated robbery convictions, three aggravated arson convictions, and two felony firearm convictions. Mr. Stone also obtained a reversal and dismissal of one aggravated arson conviction. A Knox County grand jury indicted Mr. Foust in the trial court in a 21 count indictment and was defended in the trial court by the late Bruce Poston. Mr. Stone represented Mr. Foust on appeal after Mr. Bruce Poston's death. Mr. Foust will not have to serve the 105 year prison sentence the trial judge imposed and the charges will be sent back to the trial court for a new trial.

Criminal defense

State of Tennessee v. David Lynn Sisk, 343 S.W.3d 60 (Tenn. 2011)

Jun 15, 2011

OUTCOME: Remanded to the trial court for resentencing.

Prior to oral argument in the Tennessee Supreme Court, the Tennessee Supreme Court reversed its reasonable doubt standard originally created in 1971. Specifically, the Tennessee Supreme Court "adopted ... a standard of proof in criminal prosecutions based exclusively upon circumstantial evidence that purportedly required the State to prove facts and circumstances 'so strong and cogent as to exclude every other reasonable hypothesis save the guilt of the defendant, and that beyond a reasonable doubt.'" State v. Sisk, 343 S.W.3d 60, 65 (Tenn. 2011)(citing, State v. Crawford, 470 S.W.2d 610, 612 (Tenn. 1971). However, in State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011) which was decided shortly before oral arguments before the Supreme Court in Sisk, the Tennessee Supreme Court placed convictions based exclusively upon circumstantial evidence on equal footing with convictions based upon direct evidence. Therefore, it appears the State is no longer required to exclude every other hypothesis other than guilt when a prosecution is based exclusively upon circumstantial evidence. The Tennessee Supreme Court did affirm the lower court's finding of both a Double Jeopardy violation and an improper career offender classification for sentencing purposes.

Criminal defense

State of Tennessee v. David Lynn Sisk, E2009–00320–CCA–R3–CD, Court of Criminal Appeals, 2010

Sep 08, 2010

OUTCOME: Reversed and Dismissed

The defendant was convicted of Aggravated Burglary, Theft of Property over $10,000, and Theft of Property over $1,000. The Court of Criminal Appeals held that the defendant was incorrectly classified ... by prior defense counsel, the State and the trial court as a Career Offender, the defendant's right to be free from Double Jeopardy was violated, and the evidence of the defendant's DNA on a partially-smoked handrolled tobacco cigarette was not proof beyond a reasonable doubt that the defendant entered the residence and stole various items.

Wesley Daniel Stone's Legal Cases (3)

State of Tennessee v. Benjamin Foust, Court of Criminal Appeals, E2014-00277-CCA-R3-CD

State of Tennessee v. David Lynn Sisk, 343 S.W.3d 60 (Tenn. 2011)

State of Tennessee v. David Lynn Sisk, E2009–00320–CCA–R3–CD, Court of Criminal Appeals, 2010