The following Opinions are available for download:
Cases posted the week of
06/24/2002
State vs. Rhonda Mayes
- M2001-00423-CCA-R3-CD (Order Vacating Opinion of 6/24/02)
View
State vs. Barry K. Harris -
M2001-01359-CCA-R3-CD View
Williamson County - The defendant was convicted of theft
over $500.00, two counts of theft over $1000.00, and driving on a suspended
license with prior convictions. He was given an effective sentence of eighteen
years in the Department of Correction. The defendant contends that the sentence
imposed by the trial court is excessive. The trial court followed the statutory
sentencing procedure, imposed a lawful sentence after considering and weighing
the proper factors and principles set out under sentencing law, and the trial
court's findings of fact are supported by the record. Accordingly, we affirm
the judgment of the trial court.The defendant was convicted of theft over
$500.00, two counts of theft over $1000.00, and driving on a suspended license
with prior convictions. He was given an effective sentence of eighteen years in
the Department of Correction. The defendant contends that the sentence imposed
by the trial court is excessive. The trial court followed the statutory
sentencing procedure, imposed a lawful sentence after considering and weighing
the proper factors and principles set out under sentencing law, and the trial
court's findings of fact are supported by the record. Accordingly, we affirm
the judgment of the trial court.
State vs.
Willie Givens - M2000-02883-CCA-R3-CD View
Sumner
County - The appellant, Willie Givens, appeals his convictions by a
jury in the Sumner County Criminal Court of four counts of rape of a child and
eight counts of aggravated sexual battery. The trial court sentenced the
appellant to consecutive terms of twenty-three years incarceration in the
Tennessee Department of Correction for each rape of a child offense and
concurrent terms of ten years incarceration in the Department for each
aggravated sexual battery offense, resulting in an effective sentence of
ninety-two years. The appellant is required to serve 100% of his sentences for
rape of a child and aggravated sexual battery in accordance with the terms of
Tenn. Code Ann. § 39-13-523 (1997) and Tenn. Code Ann. § 40-35-501(i)
(1997). On appeal, the appellant raises the following issues for our
consideration: (1) whether the trial court erred in failing to discharge juror
Sadie Groves during the appellant's trial; (2) whether the trial court erred in
admitting at trial audio tape recordings of extrajudicial statements made by
the appellant following his offenses; (3) whether the State failed to properly
elect an offense for each count of the indictment; (4) whether the evidence
adduced at trial is insufficient to support the jury's verdicts; (5) whether
the cumulative effect of any errors requires the reversal of the appellant's
convictions and the remand of this case for a new trial; and (6) whether the
trial court imposed excessive sentences. Following a thorough review of the
record and the parties' briefs, we affirm in part, affirm and remand in part,
reverse and remand in part, reverse and dismiss in part, and merge in part the
judgments of the trial court.
State vs. Don
McGowan - M2001-02866-CCA-R3-CD View
Defendant, Don Woody McGowan,
was convicted by a Marion County jury of possession of drug
paraphernalia, a Class E felony. Defendant appeals his conviction, presenting
the following issues for review: (1) whether the evidence was sufficient to
support his conviction; (2) whether he was denied a fair trial by the trial
court's denial of his motion to sever the cases when the co-defendant failed to
appear on the second day of trial; (3) whether the trial judge erred by failing
to recuse himself; and (4) whether his sentence was proper. After a review of
the record, we find that the evidence was insufficient to sustain the
conviction. The judgment of the trial court is reversed, and the case is
dismissed.
John Tomlinson vs. State
- M2001-02152-CCA-R3-CO View
Davidson County - The petitioner appeals the trial court's
denial of the appointment of counsel and the dismissal of his petition for writ
of habeas corpus. For many and varied reasons, we affirm.
State vs. Steven Murray - E2000-02878-CCA-R3-CD
View
Blount
County - The Appellant, Rodney Lee Tipton, proceeding pro se, appeals
from the dismissal of his petition for post-conviction relief. Tipton was
convicted by a Blount County jury of aggravated rape and aggravated robbery and
received an effective thirty-three year sentence in the Department of
Correction. On appeal, Tipton argues that he should receive a new trial based
upon the following grounds: (1) the State's refusal to respond to his discovery
requests, and the post-conviction court's failure to address his motion to
compel discovery; (2) denial of the right to represent himself at his
post-conviction hearing; (3) denial of his right to testify at trial; (4)
ineffective assistance of counsel; (5) prosecutorial misconduct; (6) actual
innocence; (7) the cumulative effect of all errors; and (8) the post-conviction
court's failure to enter specific findings of fact and conclusions of law.
After a review of the record, we affirm the dismissal of Tipton's petition for
post-conviction relief.
Rodney Tipton vs.
State - E2001-00001-CCA-R3-PC View
Roane County
- In this case, the Defendant, Steven Murray, pled guilty to assault. The
Criminal Court of Roane County sentenced Defendant to serve the agreed-upon 11
months and 29 days, suspended, on supervised probation, and ordered restitution
in the amount of $10,622.75. In his sole issue on appeal, Defendant asserts
that the trial court erred in the amount of restitution ordered and requests
that the order of restitution be set aside and this case remanded for a new
hearing. We have found a clerical error in the order setting forth the
conditions of probation and remand for correction of that order. Otherwise, the
judgment of the criminal court is affirmed.
State vs. Thomas Dee Huskey - E1999-00438-CCA-R3-CD
View
Knox
County - The defendant, Thomas Dee Huskey, appeals as of right from
his convictions and sentences for aggravated rape, rape, aggravated robbery,
robbery, especially aggravated kidnapping, and aggravated kidnapping, for which
he received an aggregate sentence of sixty-six years. The convictions relate to
four victims and result from two trials that were consolidated for this appeal.
The defendant raises numerous issues. Although we conclude that several errors
occurred, only one requires reversal of any convictions. Because of improper
consolidation, we reverse the judgments for the three aggravated rape
convictions and one especially aggravated kidnapping conviction relating to the
victim, D.C., but we affirm the remaining judgments of conviction.
State vs. Steven Whitehead -
W2002-00484-CCA-RM-CD View
State vs. Steven Whitehead -
W2002-00484-CCA-RM-CD (Dissent)
View
Madison
County - The defendant, Steven Lee Whitehead, was convicted by a jury
of three counts of rape. The trial court subsequently sentenced the defendant
to ten years in the Department of Correction for each conviction, with the
sentences running concurrently. On direct appeal by the defendant, this Court
reversed all three convictions due to the trial court's failure to instruct the
jury on sexual battery as a lesser-included offense of rape. See State v.
Steven Lee Whitehead, No. W2000-01062-CCA-R3-CD, 2001 Tenn. Crim. App. LEXIS
732, at *68-69 (Jackson, Sept. 7, 2001). The State then filed an application
for permission to appeal to our supreme court pursuant to Tennessee Rule of
Appellate Procedure 11. The supreme court granted the State's application for
the sole purpose of remanding the case to this Court for reconsideration in
light of its recent opinion in State v. Allen, 69 S.W.3d 181 (Tenn. 2002). Upon
reconsideration, we again reverse the defendant's three convictions of rape and
remand this matter for a new trial.
William R.
Diaz vs. State - E2001-00661-CCA-R3-PC View
The petitioner, William R. Diaz,
appeals the Anderson County Criminal Court's denial of his petition for
post-conviction relief, claiming that he received the ineffective assistance of
counsel. He contends that his trial attorney was ineffective for (1) failing to
file a motion to suppress his statement to the police on the grounds that it
was coerced and (2) failing to file a motion to suppress evidence that the
police took from his garage without a search warrant. We affirm the judgment of
the trial court.
State vs. Ernese
Littles - W2001-01706-CCA-R3-CD View
An Obion County
Circuit Court jury convicted the defendant, Ernest Lee Littles, of rape of a
child, a Class A felony. The trial court sentenced him as a child rapist to
twenty years in the Tennessee Department of Correction, with 100% of the
sentence to be served. In his appeal as of right, the defendant claims only
that there was insufficient evidence to support his conviction. We affirm the
judgment of the trial court but remand for entry of a corrected
judgment
State vs. Ricky Reed Jr. -
W2001-02155-CCA-R3-CD View
Tipton County - The defendant was indicted for first
degree murder and convicted by the jury of second degree murder. He filed a
petition for post-conviction relief, and was permitted to make a delayed motion
for a new trial, which ultimately was denied by the trial court. The defendant
appeals the denial, arguing that the evidence at trial was insufficient to
support his conviction for second degree murder. After a review of the record,
we conclude that there was sufficient evidence to convict the defendant of
second degree murder and that the trial court properly denied the defendant's
motion for judgment of acquittal and a new trial.
State vs. Herman Holston -
W2001-02004-CCA-R3-CD View
Shelby County - The appellant, Herman Holston, was
convicted after a trial by jury of sale of cocaine, a Class C felony, and was
sentenced as a Range II offender to eight years and six months confinement in
the Department of Correction. On appeal, Holston raises the following issues
for our review: (1) whether the evidence was sufficient to support the verdict,
and (2) whether his sentence was proper. After a review of the record, we find
that Holston's issues are without merit. Accordingly, the judgment of the
Shelby County Criminal Court is affirmed.
State vs. Judy & Stanley Johnson
- W2001-01272-CCA-R3-CD View
State vs. Judy & Stanley
Johnson - W2001-01272-CCA-R3-CD (Concur)
View
Gibson
County - The husband and wife defendants, Stanley and Judy Johnson,
were convicted of eleven counts of cruelty to animals, as the result of
conditions at a kennel in Gibson County where they were keeping approximately
350 dogs. Stanley Johnson was sentenced to eleven months and twenty-nine days
on each count, with all sentences to be served concurrently, and, as to these
sentences, to serve ninety days in the county jail with the remainder on
probation. Judy Johnson was sentenced, likewise, to eleven months and
twenty-nine days on each count, with all sentences to be served concurrently,
but she was to serve six months before being put on probation. Both defendants
were fined $1000 in each of the eleven counts. On appeal, they argue that the
trial court erred in allowing testimony as to a prior similar complaint against
Stanley Johnson and in denying total probation for both. Additionally, they
argue that the proof is insufficient to sustain the verdicts. We affirm the
judgments of conviction
State vs. Patsy
Webster - W2001-01908-CCA-R3-CD View
The defendant, Patsy Webster,
appeals the Henry County Circuit Court's ordering her to serve one year
of her effective two-year sentence in continuous confinement. She claims that
the trial court erred in requiring her to serve a full year in jail because she
was eligible as a Range I offender with only a two-year sentence for release
after serving thirty percent of her sentence. The state agrees. We hold that
the defendant was improperly sentenced and remand the case for
resentencing.
State vs. Robert Riggs -
E2000-01983-CCA-R3-CD View
A
Sevier County jury found the Defendant guilty of three counts
of misapplication of contract funds. The trial court sentenced the Defendant to
two years for each conviction, ordered the Defendant to serve the sentences
consecutively, and ordered the Defendant to pay a fine of $3,000.00 for each
conviction. The trial court also ordered restitution in the amounts of
$68,654.00 to Robert Taylor, $64,689.42 to Carroll D. Patterson, and $45,000.00
to Jerry Grimes. The Defendant now appeals, raising the following issues: (1)
whether Tennessee Code Annotated §§ 66-11-138, -140, the statutes
dealing with the misapplication of contract funds, is unconstitutional, (2)
whether the trial court committed plain error in instructing the jury on the
"intent to defraud" element of the offense, (3) whether the evidence was
sufficient to support the convictions for misapplication of contract funds, (4)
whether the trial court erred by imposing the maximum term for each conviction
and by ordering that the sentences run consecutively, and (5) whether the trial
court ordered an excessive amount of restitution. Finding no error, we affirm
the judgments of the trial court.
State vs.
John Paul Szczepanowski - E2000-03124-CCA-R3-CD View
The Knox County
Grand Jury indicted the Defendant for assault, official misconduct, and
official oppression. A Knox County jury convicted the Defendant of official
misconduct, and a mistrial was declared as to the remaining two counts. The
Defendant now appeals his conviction, arguing the following: (1) that Tennessee
Code Annotated § 39-16-402(a)(1), governing the crime of official
misconduct, is unconstitutionally vague; (2) that insufficient evidence was
presented at trial to support his conviction; (3) that the trial court erred by
refusing to order the State to specifically describe in the bill of particulars
the act committed by the Defendant underlying the charged offense or in the
alternative, to require the State to elect the offense upon which it was
relying to establish the crime of official misconduct; and (4) that the trial
court erred in instructing the jury. We conclude that Tennessee Code Annotated
§ 39-16-402(a)(1) is not unconstitutionally vague; that sufficient
evidence supports the Defendant's conviction; that the trial court did not err
by refusing to require the State to clarify its bill of particulars or to elect
an offense at the close of proof; and that the trial court did not err in its
jury instructions. We therefore affirm the judgment of the trial court.
State v. Wendell Gibson -
M2001-01430-CCA-R3-CD View
Maury County - The sole issue in this appeal is whether the
trial court erred in ordering the defendant to pay $18,000 in restitution. We
reverse the judgment of the trial court regarding restitution and remand this
matter for further proceedings.
State v.
Rhynuia Barnes - M2001-00631-CCA-R3-CD View
Davidson
County - The defendant was convicted of premeditated first degree
murder by a Davidson County jury and sentenced to life imprisonment with the
possibility of parole. In this appeal, he contends (1) the evidence was
insufficient to sustain his conviction; (2) he was denied the opportunity to
retain his counsel of choice; (3) the state committed prosecutorial misconduct
when it failed to sua sponte redact a portion of an audio tape, and the trial
court improperly denied the defendant's request for a mistrial; and (4) the
trial court erred when it failed to instruct the jury on facilitation of first
degree murder and voluntary manslaughter as lesser-included offenses of first
degree murder. After reviewing the record, we affirm.
Cases posted the week of
06/17/2002
State vs. Hosea
Grant - E2000-02607-CCA-R3-CD View
Anderson County - The defendant, Hosea Grant, was
convicted of driving under the influence. See Tenn. Code Ann. §
55-10-401(a)(1). The trial court imposed a sentence of 11 months and 29 days
and directed that the defendant could apply for probation after 60 days in
jail. In this appeal of right, the defendant argues that the evidence was
insufficient. The judgment of the trial court is affirmed.
State vs. Matric Becton/Antonio Sykes -
W1999-00581-CCA-R3-CD View
State vs. Matric Becton/Antonio Sykes -
W1999-00581-CCA-R3-CD (Concur) View
Shelby County
- The defendants, Matrin Becton and Antonio Sykes, were convicted by a jury of
first degree premeditated murder, especially aggravated robbery, and two counts
of especially aggravated kidnapping. Both defendants were sentenced by the same
jury to life without the possibility of parole for the first degree murder.
After a sentencing hearing, the trial court sentenced both defendants to
twenty-five (25) years for each of the remaining counts and ordered all the
sentences to run consecutively, for effective sentences of life without parole
plus seventy-five (75) years. On appeal, Defendant Sykes contends that the
evidence is insufficient to support the jury's verdict and that the trial court
erred in allowing testimony concerning a statement made by the victim prior to
his death. Defendant Becton argues that the trial court improperly denied his
motion to sever, erred in allowing certain photographs into evidence, erred in
charging the jury both in the guilt and sentencing phases, and erred in
imposing consecutive sentences. We affirm the judgments of the trial
court.
State vs. Kenneth Phillips -
W2001-01831-CCA-R3-CD View
Tipton County - The defendant was convicted by a
Tipton County jury of theft of property valued over $1000, a Class D felony.
After a sentencing hearing, he was sentenced as a Range II multiple offender to
five years in the Department of Correction. On appeal, the defendant contends
that (1) the evidence is insufficient to support the jury's verdict, (2) the
trial court erred in admitting evidence of a prior bad act, (3) the defendant
was identified from an impermissibly suggestive lineup, and (4) the defendant
was never informed of the existence of a possibly exculpatory videotape. We
affirm the judgment of the trial court.
State vs. Laquenton Monger - W2002-00321-CCA-RM-CD
View
Shelby
County - The appellant, LaQuenton Monger, was convicted by a jury in
the Shelby County Criminal Court of one count of first degree felony murder by
aggravated child abuse and one count of aggravated child abuse, for which
convictions the trial court imposed concurrent sentences of life imprisonment
and twenty years imprisonment in the Tennessee Department of Correction. The
appellant filed an appeal, and this court reversed the trial court's judgments
on August 27, 2001. Specifically, we reversed the judgment in the aggravated
child abuse case on the basis that constitutional prohibitions against double
jeopardy preclude dual convictions of first degree felony murder by aggravated
child abuse and aggravated child abuse. We reversed the judgment in the first
degree felony murder case due to the trial court's failure to instruct the jury
on lesser-included offenses. In light of these dispositions, the State filed an
application for permission to appeal to our supreme court pursuant to Tenn. R.
App. P. 11. The supreme court granted the State's application for the sole
purpose of remanding the cases to this court for reconsideration in light of
its November 29, 2001 opinion in State v. Godsey, 60 S.W.3d 759 (Tenn. 2001).
Upon reconsideration, we reinstate the judgment of the trial court in the
aggravated child abuse case and leave undisturbed our original disposition of
the felony murder case.
State vs.
Allen Stephens - W2001-01351-CCA-R3-CD
View
Weakley
County - Allen Jean Stephens appeals from his Weakley County Circuit
Court conviction of Class D felony theft of property. Stephens claims in this
appeal that the lower court erred in admitting the telephone records of the
business that the defendant defrauded in the course of committing his crime.
Because we hold that these records were erroneously but harmlessly admitted, we
affirm.
State vs. Michael
Williams - W2001-01925-CCA-R3-CD View
Shelby
County - The defendant, Michael Williams, was convicted of rape, a
Class B felony, and sentenced to thirty years in the Tennessee Department of
Correction as a violent offender. In his appeal, he argues that the evidence at
trial was insufficient to support his conviction for rape. However, we disagree
and affirm the judgment of the trial court.
State vs. Brian Gilmer - E2001-01474-CCA-R3-CD
View
Sevier
County - Defendant, Brian Keith Gilmer, pursuant to a negotiated plea
agreement, pled guilty to four counts of rape, Class B felonies, and five
counts of rape of a child, Class A felonies, in Case No. 6975 in the Circuit
Court of Jefferson County. On the same date, he pled guilty to five counts of
rape, Class B felonies, in Case No. 8161 in the Circuit Court of Sevier County.
The victim in all counts, in both counties, was Defendant's stepdaughter.
Sentencing was to be determined by the trial court (which was the same for both
counties), but the negotiated plea agreement was structured such that the total
effective sentence would not be less than 15 years or more than 50 years.
Defendant also pled guilty to other criminal offenses as part of the plea
agreement, but these are not relevant to this appeal. Although Defendant filed
a notice of appeal indicating that he was appealing the sentences imposed in
both the Jefferson and Sevier County cases, in effect, this appeal challenges
only the length of sentences of the Class A felonies in the Jefferson County
case, and the fact that one Class A felony was ordered to be served
consecutively to the other sentences. We affirm the judgments of the trial
court.
State vs. Sean Turner -
E2001-01773-CCA-R3-CD View
Knox County - Defendant, Shaun A. Turner, alias Shaun
Andre Turner, appeals from the trial court's order revoking his probation and
ordering him to serve two consecutive sentences in the Department of
Correction. After reviewing the record, we affirm the judgment of the trial
court.
State vs. Antonio Walls -
M1998-00358-CCA-R3-CD View
Montgomery County - The defendant, Antonio Rico Walls, was
convicted of the sale of over .5 grams of cocaine within 1000 feet of a school,
in violation of the Drug-Free School Zone Act, and appealed the conviction.
Subsequently, he pled guilty to three additional counts of the indictment
alleging the same offense, and was sentenced to concurrent fifteen-year
sentences for each offense. The pleas of guilty purported to reserve, as a
certified question, the claim that the Drug-Free School Zone Act is
unconstitutional. We conclude that it is not, and, further, that the evidence
at the defendant's trial was sufficient to support his conviction. Accordingly,
we affirm the judgments of the trial court.
Richard Norton vs. Ricky Bell -
M2001-02516-CCA-R3-CO (Rule 20 Affirmance Order) View
Davidson
County - The petitioner appeals pro se from the Davidson County
Criminal Court's denying him habeas corpus relief from his three 1999
convictions for the sale or delivery of more than one-half gram of crack
cocaine for which he received an effective sentence of twenty-four years.
State vs. Erick Bailey -
M2001-01974-CCA-MR3-CD View
Davidson County - The defendant, Erick Darnell Bailey,
appeals his first-degree murder convictions imposed following a jury trial in
the Davidson County Criminal Court. The defendant was tried and convicted on
both felony-murder and premeditated-murder counts in the indictment, and the
trial court merged the convictions into a single conviction of first-degree
murder. The single issue raised on appeal is whether the convicting evidence is
sufficient to support the verdicts. We modify the conviction for premeditated
murder to second-degree murder and affirm the conviction for first-degree,
felony murder. The second-degree murder conviction merges into the felony
murder conviction. 1.
State vs. Floyd
Rayner - M2001-00971-CCA-R3-CD View
Davidson
County - The defendant, Floyd Earl Rayner, III appeals from his five
convictions of rape of a child and five convictions of aggravated sexual
battery, claiming that the trial court (1) failed to fulfill its duty as the
"thirteenth juror" and (2) erred in its sentencing determinations by not
applying mitigating factors in establishing the length of his sentences and in
ordering partial consecutive service of the sentences. Because we hold that the
trial court discharged its "thirteenth juror" responsibility and that the
sentencing issues have been waived, we affirm.
State vs. William Wright - M2001-01418-CCA-R3-CD
View
Rutherford
County - Defendant, William Tony Wright, pled guilty to one count of
violation of the Motor Vehicle Habitual Offender Act (MVHO), Tenn. Code Ann.
§ 55-10-616, a Class E felony. Pursuant to a negotiated plea agreement,
wherein other pending charges were dismissed, he was sentenced as a Range II,
multiple offender, with the length and manner of service to be determined by
the trial court. Thirty days later, and prior to the sentencing hearing,
Defendant filed a motion to dismiss the count of the indictment to which he had
previously pled guilty. In the alternative, Defendant moved to withdraw his
guilty plea. Defendant asserted that he should be allowed to withdraw his
guilty plea because he was "legally innocent" of the charge of violation of the
MVHO Act. He argued that the order declaring him a motor vehicle habitual
offender was not effective at the time of the offense because the order failed
to comply with Rule 58 of the Tennessee Rules of Civil Procedure. On the same
date, he filed a motion in Rutherford County Circuit Court Case No. M-43411 to
obtain relief from the order declaring him an habitual motor vehicle offender
pursuant to Rule 60.02 of the Tennessee Rules of Civil Procedure. Both motions
were denied by the trial court, and following a sentencing hearing, Defendant
was sentenced to serve four years in the Tennessee Department of Correction.
Defendant has appealed in both cases, and they have been consolidated for our
consideration. In addition to appealing the denial of his motions, Defendant
argues that the sentence for violation of the MVHO Act is excessive. After a
review of the record, we affirm the judgments of the trial court.
State vs. William. Bentley -
M2001-01521-CCA-R3-CD View
Davidson County - Defendant, William C. Bentley, was
convicted by a Davidson County jury of attempted aggravated robbery. In this
appeal, he challenges the sufficiency of the evidence to sustain the
conviction, and argues that the trial court committed reversible error by
admitting hearsay testimony. After a thorough review of the record, we affirm
the judgment of the trial court.
State vs. Eric Blakemore -
W2001-01929-CCA-R3-CD View
Shelby County - The Appellant, Eric B. Blakemore, was
convicted by a Shelby County jury of one count of second degree murder and one
count of attempted second degree murder. After a sentencing hearing, Blakemore
received concurrent sentences of twenty-two years for the murder conviction and
ten years for the attempted murder conviction. On appeal, Blakemore asserts
that the evidence presented at trial was insufficient to support his conviction
for second degree murder. Specifically, he argues that the evidence presented
supports the lesser offense of voluntary manslaughter. After review, we find
the evidence legally sufficient; accordingly, the judgment of conviction is
affirmed.
State vs. David Dowell -
W2001-02161-CCA-R3-CD View
Tipton County - The defendant, David Tyrone Dowell,
appeals the sentence imposed by the trial court on his guilty-plea-based
aggravated assault conviction. Because the record supports the trial court's
sentencing determination, we affirm.
State vs. Brenda Lee Hicks -
E2001-00990-CCA-R3-CD View
Hamilton County - The defendant, Brenda Lee Hicks, was
convicted of vehicular homicide and entered a plea of guilt to one count of
driving without a license. The trial court imposed a sentence of six years for
the vehicular homicide and ordered service of 11 months and 29 days in jail.
The balance of the sentence is to be served on supervised probation. The trial
court imposed a concurrent sentence of 30 days incarceration for the charge of
driving without a license. In this appeal as of right, the defendant contends
that the evidence is insufficient to support the vehicular homicide conviction
and questions the propriety of the sentence for that offense. The judgment of
the trial court is affirmed.
State vs.
Frederick Devill Rice - E2000-02389-CCA-R3-CD View
Hamilton
County - The defendant, Fredrick Devill Rice, was convicted by a
Hamilton County Criminal Court jury of first degree premeditated murder and
first degree felony murder. The trial court merged the two convictions and
sentenced the defendant to life imprisonment. The defendant appeals, claiming
that (1) the evidence is insufficient to support his merged convictions; (2)
the trial court erred by admitting a videotaped search of the defendant's
residence into evidence; and (3) the state argued outside of the record twice
during closing argument. We affirm the judgment of the trial court.
Cases posted the week of
06/10/2002
State vs. David Bass -
E2001-01146-CCA-R3-CD View
Roane County - The defendant, David W. Bass, was indicted
for driving under the influence, violation of the implied consent law, failure
to appear, and operating a motor vehicle with an improper taillight. Pursuant
to a plea agreement, the defendant entered a plea of guilt to driving under the
influence, first offense. After the entry of his plea but before sentencing,
the defendant sought to withdraw his plea, arguing that it was not knowingly
and voluntarily made. The trial court denied the motion and imposed a sentence
of eleven months and twenty-nine days, with all but three days suspended. In
this appeal of right, the defendant contends that the trial court erred by
denying the motion to withdraw the guilty plea. The judgment of the trial court
is affirmed.
Cumecus R. Cates vs. State
- E2001-01408-CCA-R3-PC View
Knox County - Pursuant to a plea agreement, the Petitioner
pled guilty to four felony drug offenses and received an effective sentence of
sixteen years. After a hearing, the trial court ordered the sentence to be
served in the Tennessee Department of Correction. The Petitioner filed a
petition for post-conviction relief, which the trial court dismissed without a
hearing for failure to state a colorable claim. Concluding that the Petitioner
stated a colorable claim, we reverse and remand for a hearing.
State vs. Christopher Flake -
W2001-00568-CCA-R3-CD View
Shelby County - The defendant, Christopher Flake, was
convicted of two counts of first degree murder. After the defendant waived his
right to have a jury determine punishment, the trial court imposed consecutive
sentences of life imprisonment without the possibility of parole. In this
appeal of right, the defendant asserts (1) that he established the affirmative
defense of insanity by clear and convincing evidence; (2) that the trial court
erred by denying his motion to suppress; (3) that the trial court erred by
refusing his request to present the opening and rebuttal closing arguments; (4)
that the trial court erred by dismissing a potential juror for cause; (5) that
the trial court erred by admitting photographs of the victims; and (6) that the
trial court erred by denying his request for a mistrial. Because the defendant
proved by clear and convincing evidence that he was insane at the time of the
shootings, the judgments of conviction are reversed. The defendant is declared
not guilty by reason of insanity and the cause is remanded for proceedings
pursuant to Tennessee Code Annotated § 33-7-303.
State vs. Gregory Dunnorm -
E2001-00566-CCA-R3-CD View
State vs. Gregory Dunnorm -
E2001-00566-CCA-R3-CD (Concur) View
Anderson
County - The defendant, Gregory Dunnorm, was convicted of Class D
felony evading arrest, the simple assault of LaDeana Ellis, vandalism, and
second offense driving on a suspended license. See Tenn. Code Ann. §§
39-16-603, 39-13-301, 39-14-408, 55-50-504. He had been charged with the
aggravated assault of LaDeana Ellis and was acquitted on charges of simple
assault of Sonda Ellis and aggravated assault of Officer Karen Wehenkel. While
granting supervised probation, the trial court sentenced the defendant to
concurrent terms of two years for evading arrest and 11 months, 29 days for
each of the misdemeanor convictions. In this appeal of right, the defendant
asserts (1) that the evidence was insufficient to support the convictions for
evading arrest, assault, and vandalism; (2) that the trial court erred by
permitting the state to cross-examine the defendant regarding his affidavit of
income; (3) that the trial court erred by failing to instruct the jury
regarding the lesser included offenses of Class D felony evading arrest; and
(4) that the trial court erred by declining to instruct the jury on the defense
of effective consent. Because the evidence was insufficient to support the
defendant's conviction for Class D felony evading arrest and because the trial
court erred by failing to instruct on the lesser included offense of Class E
felony evading arrest, the conviction is reversed and the cause remanded.
Otherwise, the judgments of the trial court are affirmed.
State vs. John Johnson - W2001-02473-CCA-MR3-CD
View
The appellant, John Wesley
Johnson, was indicted by the Gibson County Grand Jury for one
count of desecration of a venerated object, to wit: a place of burial, a class
A misdemeanor. He was convicted by a jury, sentenced to eleven months and
twenty-nine days in the county jail, placed on probation, and ordered to pay
restitution in the amount of $2,574. The appellant, proceeding pro se, filed an
untimely notice of appeal. This court, upon motion of the appellant, waived
timely filing of the appeal; accordingly, the appeal is properly before this
court. On appeal, the appellant raises the following issues: (1) "w[h]ether the
trial court reviewed the record"; (2) "w[h]ether the (State) conspira[cy] used
their position to withhold facts in order to receive a conviction"; (3)
"w[h]ether the public officers used the court to reach their gold"; and (4)
"w[h]ether the trial court erred in its review of the records and facts of law
as to this case." Upon review of the record and the parties' briefs, we affirm
the judgment of the trial court.
State vs.
Wendy McFadden - W2001-02475-CCA-R3-PC View
Crockett
County - The Defendant pled guilty to second degree murder, and the
trial court imposed an agreed sentence of fifteen years in the Department of
Correction. The Defendant subsequently filed for post-conviction relief,
alleging that she did not enter a voluntary and knowing guilty plea and
alleging that she received ineffective assistance of counsel in conjunction
with her plea. After an evidentiary hearing, the trial court denied relief.
This appeal followed. We affirm the judgment of the trial court.
State vs. Anthony Murff - W2001-01459-CCA-R3-CD
View
The defendant was convicted
by a Lauderdale County Circuit Court jury of especially
aggravated robbery, a Class A felony, and sentenced by the trial court as a
Range III, persistent offender to sixty years, to be served at 100%, in the
Tennessee Department of Correction. He raises three issues on appeal: (1)
whether the evidence was sufficient to support his conviction; (2) whether the
trial court erred in using his prior Illinois convictions to classify him as a
persistent offender; and (3) whether the trial court erred in its application
of enhancement factors. We conclude that the evidence was more than sufficient
to support the defendant's conviction, and that his prior convictions in
Illinois qualified him as a persistent offender. We further conclude that,
although the trial court erred in applying three enhancement factors, the
remaining enhancement factors justify the sixty-year sentence imposed in this
case. Accordingly, the judgment of the trial court is affirmed.
State vs. Olivia Washburn -
W2001-01847-CCA-R3-CD View
A
Henderson County Circuit Court jury found the defendant,
Olivia Washburn, guilty of the sale and delivery of .5 grams or more of
cocaine, Class B felonies, and assessed two separate $25,000 fines. The trial
court sentenced the defendant as a Range I, standard offender, imposed an
eight-year sentence to be served in the Tennessee Department of Correction, and
merged the fines so that the defendant was ordered to pay a total of $25,000.
On appeal, the defendant argues that the trial court erred in concluding both
that her statement to law enforcement officers was voluntary and that the
evidence against her was sufficient, as well as in allowing into evidence a
videotape not produced to the defense. These assignments are without merit.
However, we conclude that the trial court erred in admitting the defendant's
statement without considering whether the probative value of the numerous
references to other drug offenses outweighed their prejudicial effect. The
judgments of the trial court are reversed, and the matter is remanded for a new
trial.
Robert Payne vs. State -
M2001-01994-CCA-R3-PC View
Davidson County - The petitioner appeals the
post-conviction court's denial of his petition for post-conviction relief. He
claims that counsel was ineffective for failing to timely discover the
existence of another individual who was questioned regarding the aggravated
assault and for failing to interview or cross-examine the victim of the
assault. After review, we affirm the judgment from the post-conviction court.
State vs. Frederick Beauregard -
W2001-02546-CCA-R3-PC View
The Appellant, Frederick Beauregard, appeals from the Hardeman
County Circuit Court's denial of his petition for post-conviction
relief. In May of 1997, Beauregard was convicted of the rape and incest of his
thirteen-year-old daughter. He received an effective sentence of nine years for
the convictions. Beauregard's convictions and sentences were later affirmed on
direct appeal. See State v. Beauregard, 32 S.W.3d 681 (Tenn. 2000). On February
13, 2001, Beauregard timely filed his pro se petition for post-conviction
relief which was amended following appointment of counsel. Following a hearing
on the merits, the trial court denied Beauregard's petition. From this denial,
Beauregard now appeals asserting that he received ineffective assistance of
trial counsel in the following respects: (1) trial counsel was inadequately
prepared for trial; (2) trial counsel failed to properly investigate, interview
or call material witnesses at trial; (3) trial counsel failed to discuss trial
strategy or the theory of the case with Beauregard; (4) trial counsel failed to
review the jury list with Beauregard; (5) trial counsel failed to develop
testimony with regard to the chain of custody of the rape kit and its
reliability; and (6) trial counsel failed to provide expert proof to rebut the
State's DNA expert. After review, we find no error and affirm the judgment of
the post-conviction court.
State vs. Holly
Fant - W2001-02634-CCA-R3-CD View
Gibson
County - The Appellant, Holly Fant, appeals from the sentencing
decision of the Gibson County Circuit Court. Fant pled guilty, under an "open"
plea agreement, to aggravated assault and, following a hearing, was sentenced
to a term of four years in the Tennessee Department of Correction. Fant now
appeals, asserting that the trial court failed to comply with the relevant
sentencing principles and, therefore, erred in not granting her a
non-incarcerative sentence. Because we find that the trial court failed to
place on the record discernable enhancing or mitigating factors as is
statutorily required, and failed to include findings with regard to the denial
of an alternative sentence, the judgment is reversed and this case is remanded
for a new sentencing hearing.
State vs.
Joseph White - W2001-01775-CCA-R3-CD View
Shelby County
- The Appellant, Joseph White, was convicted by a Shelby County jury of rape
and was sentenced to eight years in the Tennessee Department of Correction. On
appeal, he argues that the evidence presented at trial was insufficient to
support his conviction. After review, we find no error and affirm the judgment
of conviction.
State vs. Timothy
McGlory - M2001-01998-CCA-R3-PC View
Davidson
County - The petitioner appeals the Davidson County Criminal Court's
denial of post-conviction relief. Because the record supports the rejection of
the petitioner's claims that his guilty pleas to two counts of aggravated
robbery were unknowing and the result of ineffective assistance of trial
counsel, we affirm the denial of post-conviction relief.
Cases posted the week
of 06/03/2002
State vs. Genee Snow
- M2001-01416-CCA-R3-CD View
Davidson County - Originally charged in an indictment with
the offense of attempted first degree murder, the Defendant, Genee Hardin Snow,
Sr., entered into a negotiated plea agreement wherein he pled guilty to the
lesser-included offense of attempted second degree murder, with the trial court
to determine the length and manner of service of his sentence following a
sentencing hearing. Additional charges of aggravated assault, reckless
endangerment with a deadly weapon, and possession of a weapon in a public place
were dismissed pursuant to the plea agreement. Following a sentencing hearing,
the trial court sentenced Defendant to serve nine (9) years in the Tennessee
Department of Correction. Arguing that he should have received the minimum
sentence of eight (8) years, and that he should have been ordered to serve the
sentence on probation or some other form of alternative sentence, Defendant has
appealed. After a thorough review of the record, we affirm the judgment of the
trial court.
State vs. Christine
McClain - M2001-00020-CCA-R3-CD View
Wayne County
- Defendant, Christine D. McClain, was convicted by a Wayne County jury of
permitting or facilitating the escape of a person in custody for a felony
conviction, Tenn. Code Ann. § 39-16-607, a Class C felony. Following a
sentencing hearing, the trial court ordered Defendant to serve three years in
confinement. In this appeal, Defendant challenges her conviction and sentence,
raising the following issues: (1) whether the evidence was sufficient to
support her conviction; (2) whether the trial court erred in its rulings on
various evidentiary issues; (3) whether the trial court erred by denying
Defendant's request for a continuance on the ground that the State failed to
abide by the rules concerning timely discovery; (4) whether the trial court
erred by failing to give the proper jury instruction concerning the
identification of Defendant; (5) whether the trial court erred by failing to
instruct the jury on appropriate lesser-included offenses; and (6) whether the
trial court erred by denying Defendant probation and/or any form of alternative
sentencing. After a thorough review of the record, we affirm the judgment of
the trial court.
Eric Sewell vs.
State - M2001-02134-CCA-R3-PC View
Sumner
County - The petitioner appeals the denial of his petition for
post-conviction relief. The petitioner pled guilty to two counts of aggravated
sexual battery, Class B felonies, and one count of attempted aggravated sexual
battery, a Class C felony. Subsequently, he filed a petition for
post-conviction relief, alleging ineffective assistance of counsel as its main
issue. Following a hearing, the court denied relief, and the petitioner timely
appealed. On appeal, the petitioner argues that the record shows that trial
counsel was ineffective and that the post-conviction court showed bias in its
ruling and incorrectly limited his proof at the hearing. Following our review,
we affirm the denial of post-conviction relief.
State vs. Thomas Gatewood -
M2001-01871-CCA-R3-CD View
Davidson County - The defendant, Thomas Gatewood, was
indicted for first degree murder but convicted of second degree murder, for
which he was sentenced as a violent offender to twenty-three years
imprisonment. In his appeal, the defendant argues that the trial court erred in
not granting a continuance because of a missing witness, in not instructing as
to the lesser-included offenses of reckless homicide and criminally negligent
homicide and that his sentence was excessive. Although issues one and three are
without merit, we agree that the jury should have been instructed as to the
lesser offenses of reckless homicide and criminally negligent homicide.
Accordingly, we reverse the conviction and remand for a new trial.
State vs. Gary Haddon - M2001-02286-CCA-R3-CD
View
After the Coffee
County Grand Jury indicted the Defendant, Gary K. Haddon, for driving
under the influence, second offense, Defendant filed a motion to dismiss the
indictment for prosecution as a second offender. As the ground for dismissal,
Defendant argued that the State failed to provide him with a copy of the
department of safety printout at the arraignment, as required by Tenn. Code
Ann. § 55-10-403(g)(3)(ii). The Circuit Court of Coffee County granted
Defendant's motion. The State appeals. After a review of the record, we reverse
the judgment of the trial court.
James Ford
vs. State - M2001-01654-CCA-R3-PC View
Overton County
- Petitioner, James Roger Ford, pled guilty on October 28, 1998, to the
following offenses: casual exchange of marijuana, a Class A misdemeanor; sale
of diazepam, a Class D felony; sale of more than 1/2 ounce of marijuana, a
Class E felony; and two counts of public intoxication, a Class C misdemeanor.
In addition, Petitioner entered a "best interest" plea of guilty to the charge
of introducing contraband in jail, a Class C felony. The trial court sentenced
Petitioner as a Range I offender to eleven months and twenty-nine days for the
offense of casual exchange of marijuana, thirty days each for the two counts of
public intoxication, two years for the sale of more than 1/2 ounce of
marijuana, and four years each for the sale of diazepam and introducing
contraband in jail, with all sentences to be served concurrently on a Community
Corrections program. On November 24, 1998, a violation of Community Corrections
warrant was filed. Petitioner pled guilty to violating the terms of his
community-based sentence and agreed to serve the remainder of his four-year
sentence in incarceration. On October 27, 1999, he filed a pro se petition for
post-conviction relief, which the trial court denied after a hearing on the
merits. Petitioner appeals the court's denial of post-conviction relief,
alleging that he received ineffective assistance of counsel prior to and during
the plea proceedings and that his guilty plea was not knowingly or voluntarily
entered. Following a thorough review of the record, we affirm the judgment of
the post-conviction court.
State vs. Haskel
Finch - M2001-00340-CCA-R3-CD View
Humphreys
County - A Humphreys County Circuit Court jury convicted the defendant
of rape, and the trial court sentenced him as a violent offender to ten years,
with 100% of his sentence to be served. On appeal, the defendant argues that
the trial court erred in finding sufficient evidence to convict him of rape, in
admitting a statement he made to the police, in admitting evidence of the
victim's mental capacity, in denying his Tennessee Rule of Evidence 412 motion,
and in failing to instruct the jury as to assault. We affirm the judgment of
the trial court.
State vs. Mark Dale -
M2001-01205-CCA-R3-CD View
Lincoln County - The defendant was convicted by a Lincoln
County Circuit Court Jury of robbery, a Class C felony, and was sentenced by
the trial court as a Range II, multiple offender to nine years, three months in
the Department of Correction. The sole issue he raises on appeal is whether the
trial court erred in finding that the State's peremptory challenge of the only
African-American member of the venire was exercised on race-neutral grounds.
Based on our review, we affirm the judgment of the trial court.
State vs. Jeffrey Douglas Stratton -
E2001-00357-CCA-R3-CD View
Blount County - The defendant, Jeffrey Douglas Stratton,
pleaded guilty to seven counts of theft involving checks that he had forged.
Pursuant to a plea agreement with the state, the defendant was sentenced to
four years on each count, and two of the sentences were to be served
consecutively for an effective sentence of eight years. The trial court was to
determine the manner of service of the sentences. After a sentencing hearing,
the trial court imposed fully incarcerative sentences to be served in the
Department of Correction. The defendant appeals this sentencing determination.
We affirm the judgment of the trial court.
State vs. Jimmy L. Slatton - M2001-01529-CCA-R3-CD
View
Wilson
County - The defendant, Jimmy L. Slatton, pleaded guilty to attempted
aggravated sexual battery and agreed to a six-year sentence. The plea agreement
provided that the trial court would determine the manner of service of the
sentence. After a sentencing hearing, the trial court denied any form of
alternative sentencing and imposed incarceration in the Department of
Correction. From this determination, the defendant appeals. Finding no error,
we affirm the judgment of the trial court.
Ricky Garrett vs State - M2001-00312-CCA-R3-PC
View
Davidson
County - The petitioner appeals the denial of his petition for
post-conviction relief from a burglary conviction, arguing that the
post-conviction court erred in finding that he received the effective
assistance of trial counsel. He contends that trial counsel failed to provide
information that was essential for him to make informed decisions in his case
and failed to present an adequate defense at trial, and that the cumulative
effect of the alleged deficiencies in counsel's performance was to prejudice
the outcome of his case. We affirm the denial of the petition for
post-conviction relief.
Steve Walker vs.
State - E2001-00322-CCA-R3-CD View
Hamilton
County - The Petitioner filed a petition for writ of habeas corpus,
alleging that his sentence was illegal because: (1) he was improperly sentenced
as a persistent offender; (2) his sentence was improperly enhanced because he
did not receive the State's notice of intent to seek enhanced punishment; (3)
the record of his prior criminal convictions relied upon to sentence him was
inaccurate; and (4) his counsel was ineffective. The trial court denied the
Petitioner's request for habeas corpus relief, and the Petitioner appealed.
Because the Petitioner has failed to allege grounds that would warrant habeas
corpus relief, the judgment of the trial court is affirmed.
State vs. Terrance Burke - W2001-01462-CCA-R3-CD
View
Shelby
County - A Shelby County jury convicted the defendant, Terrance Burke,
of aggravated robbery. On appeal, he challenges the sufficiency of the
convicting evidence and the trial court's denial of his pretrial motion to
suppress the victim's identification of him via a photographic line-up.
Discerning no reversible error, we affirm the conviction.
State vs. Jody Ferguson - W2001-02786-CCA-R3-CD
View
Obion
County - On November 9, 1999, the Appellant, Jody Alan Ferguson, pled
guilty to nine counts of forgery in the Obion County Circuit Court and was
sentenced to two years of community corrections after service of thirty days
confinement in the county jail. On March 9, 2000, Ferguson pled guilty to four
counts of forgery and received an effective sentence of two years in the
Tennessee Department of Correction. Ferguson's placement in the community
corrections program was revoked and his nine two-year sentences were ordered to
be served in the Department of Correction concurrently with his March 9th
sentences. On June 21, 2000, Ferguson was granted determinate release by the
Department of Correction for the series of two-year sentences imposed on
November 9, 1999, and March 9, 2000, and he was returned to supervised
probation. On June 26, 2000, Ferguson again pled guilty to two counts of
forgery and received concurrent two-year suspended sentences to be served
concurrently to all outstanding sentences previously imposed. On August 28,
2001, probation violation warrants were issued against Ferguson. The warrants
alleged that Ferguson had violated the following conditions: (1) failed to
report to the probation officer; (2) failed to pay supervision fees; (3) failed
to pay restitution and court costs; and (4) failed to perform community service
work. On November 9, 2001, the trial court revoked Ferguson's probationary
status and ordered him to serve the remainder of his two-year sentences in the
Tennessee Department of Correction. On appeal, Ferguson does not contest the
trial court's finding that he violated the terms of his probation. Rather,
Ferguson argues that the trial court abused its discretion by not again placing
him on probation or community corrections. After review, we find no error and
affirm the judgment of the trial court.
State vs. Michael Harvey - W2001-01164-CCA-R3-CD
View
Madison
County - Defendant was convicted for one count of statutory rape and
one count of criminal exposure to HIV. Defendant appeals alleging (1) that
there was insufficient evidence to support his convictions and (2) the
imposition of consecutive sentences was excessive. We affirm the trial court
judgment.
Cases posted the week of 05/27/2002
State vs. Donald Hickey -
E2001-00948-CCA-R3-CD View
Knox County - The Knox County Grand Jury indicted the
Defendant for driving under the influence, fifth offense, driving on a revoked
license, driving on a suspended license, driving on a cancelled license, and
driving without a license. Claiming that the arresting officer stopped him
illegally, the Defendant moved to suppress any evidence resulting from the
stop. The trial court granted the motion, and the State appealed. We conclude
that the trial court committed no error in its determination that the arresting
officer lacked reasonable suspicion supported by specific and articulable facts
to justify an investigatory stop of the Defendant's automobile. We further
conclude that a "seizure" within the meaning of the Fourth Amendment to the
United States Constitution and article I, § 7 of the Tennessee
Constitution occurred when a police officer stopped her patrol car directly
behind the Defendant's van and activated the blue lights and siren on her
patrol car, but the Defendant drove away and did not submit to the officer's
authority. Thus, we affirm the judgment of the trial court.
In Re: Sanford & Sons Bail Bonds, Inc. -
E2001-01479-CCA-R3-CV View
Hamblen County - The appellant, Sanford & Sons Bail
Bonds, Inc., appeals the judgment of the Hamblen County Criminal Court
forfeiting $5,000 bail in the case of criminal defendant Florentino DeJesus
Hernandez. Following a review of the record and the parties' briefs, we reverse
the judgment of the trial court and remand this case for proceedings consistent
with this opinion.
State vs. William
Burns - E2001-01601-CCA-R3-CD View
Sevier
County - William J. Burns appeals from his aggravated burglary and
theft convictions. He was convicted at a jury trial in the Sevier County
Circuit Court, and he is presently serving an effective fifteen-year sentence
as a persistent offender for these crimes. He claims in this appeal that the
evidence is insufficient to support his aggravated burglary conviction and that
the lower court erred in denying his motion for a mistrial. Because we
disagree, we affirm.
State vs. Douglas
Mathis - E2001-02042-CCA-R3-CD View
Sullivan
County - A Sullivan County jury convicted the defendant of theft over
$1,000 for stealing a car. On appeal, he argues the evidence was insufficient
to support his conviction. We affirm the judgment of the trial court.
State v. Timothy S. Oglesby - No.
M2000-02134-CCA-R3-CD (Filed February 21, 2002)
View
Coffee County - The
appellant, Timothy S. Oglesby, pled guilty to the offense of felonious
possession of a weapon. He received a two (2)-year sentence. Contemporaneously
with the entry of the guilty plea the appellant and the State entered an agreed
order purporting to reserve a certified question of law for appeal pursuant to
Tennessee Rule of Criminal Procedure 37(b)(2)(i). The certified question of law
alleged to be dispositive of the case is stated in the agreed order as "the
denial of his suppression motion." We hold that the absence in the judgment of
the certified question of law or of a statement incorporating the agreed order
into the judgment compels a dismissal of this appeal. In addition, the failure
of the agreed order to set forth the certified question with sufficient
specificity compels the dismissal of this appeal even if the agreed order had
been incorporated by reference into the judgment.
State vs. Carl Dodd - E2001-01304-CCA-R3-CD
View
Rhea County
- Carl G. Dodd appeals his rape conviction from the Rhea County Circuit Court.
Dodd's conviction stems from a sexual assault upon a mentally retarded adult
man. He is presently serving an eleven-year sentence in the Department of
Correction for this crime. In this direct appeal, he claims that the trial
court erred in admitting a psychological report as a business record even
though it was not prepared by the agency through whose employee it was
admitted, that the lower court erred in admitting evidence of the victim's
statements to a caseworker about the crime, and that he was sentenced too
harshly. Because we are unpersuaded of harmful error, we affirm.
State vs. Stevie Lawson - E2001-01841-CCA-R3-CD
View
Hawkins
County - Convicted of facilitation of aggravated burglary, theft, and
contributing to the delinquency of a minor, the defendant appeals and claims
that (1) the trial court erroneously admitted the videotape deposition of the
aggravated burglary and theft victim, (2) the jury's verdicts were
inconsistent, and (3) the testimony of an accomplice was not adequately
corroborated. On the issue of the admission of the victim's videotape
deposition that was taken to preserve his testimony, we hold that the assistant
district attorney general who took the deposition lacked authority to
administer the oath to the deponent and that the lack of authority effectively
resulted in no deposition being taken. However, we hold that the resulting
videotape was a hearsay statement that was admissible into evidence for lack of
a timely objection and that no plain error review is warranted. We also hold
that the verdicts are valid despite any apparent inconsistency among them and
that the testimony of an accomplice was adequately corroborated. Finding no
reversible error, we affirm.
State vs.
Charles Kirby - W2001-00791-CCA-R3-CD View
Gibson County
- The appellant, Charles Kirby, was found guilty of facilitation of the sale of
cocaine in the amount of .5 gram or more. He was sentenced to five years
incarceration in the Tennessee Department of Correction. The appellant timely
filed a notice of appeal, alleging that the evidence is insufficient to support
his conviction. After review of the record and the parties' briefs, we affirm
the judgment of the trial court.
State vs.
Jermaine Paine - W2001-01564-CCA-R3-PC View
Shelby County
- On February 23, 1999, the Defendant, Jermaine Payne, pled guilty to one count
of second degree murder and two counts of attempted first degree murder. He was
sentenced to twenty-five years for the second degree murder and fifteen years
for each of the attempted murders. The sentences were to be served
concurrently. The Defendant subsequently filed a pro se Petition for
Post-Conviction relief which was amended with the aid of appointed counsel. The
petition alleged that the Defendant was denied effective assistance of counsel.
A hearing was held on the petition on January 12, 2001, and relief was denied.
The Defendant now appeals the trial court's denial of post-conviction relief.
We affirm the judgment of the trial court.
Cases posted the week of 05/20/2002
State vs. James Robert Wilson -
M2000-00760-CCA-R3-CD View
Davidson County - Defendant, James Robert Wilson, was
convicted by a Davidson County jury of first degree felony murder and
especially aggravated robbery. He was ordered to serve concurrent sentences of
life imprisonment for the felony murder conviction and twenty years for the
especially aggravated robbery conviction. Defendant appeals his convictions and
presents the following five issues for review: (1) whether the trial court
erred by admitting audio taped threat evidence; (2) whether the trial court
erred by denying Defendant's motion for a mistrial based on a witness's
characterization of Defendant as a "robber"; (3) whether the trial court erred
by denying Defendant's motion for a mistrial based on the State's comment that
Defendant failed to call a witness; (4) whether the trial court erred by
denying Defendant's request for a jury instruction on accomplice testimony; and
(5) whether the trial court erred in failing to charge all applicable
lesser-included offenses. After a thorough review of the record, we affirm the
judgment of the trial court.
State vs. Terry
Norris - W2000-00707-CCA-R3-CD View
A Shelby
County jury found the Defendant guilty of second degree murder, and
the trial court sentenced him to twenty-one years incarceration. The Defendant
now appeals his conviction, arguing that he received ineffective assistance of
counsel at trial because (1) his counsel failed to file a motion to suppress
his confession based upon a violation of the Defendant's Fourth Amendment
rights; and (2) his counsel argued a theory of defense to the jury that was
contrary to the Defendant's wishes and testimony. We conclude that the
Defendant's trial counsel were not ineffective for failing to base the motion
to suppress the Defendant's confession on a violation of the Defendant's Fourth
Amendment rights. We further conclude that although the Defendant's counsel did
not comply with the Defendant's wish to proceed at trial under a theory of
self-defense, any error in this regard was harmless in light of the record as a
whole. We therefore affirm the judgment of the trial court.
State vs. Robert Tait - W2001-02157-CCA-R9-CD
View
Shelby
County - The defendant, Robert Tait, who was charged with one count of
driving under the influence, see Tenn. Code Ann. § 55-10-401(a)(1), and
one count of driving with a blood alcohol concentration greater than .10%, see
Tenn. Code Ann. § 55-10-401(a)(2), sought dismissal of the second count,
arguing that it was barred by the statute of limitations. The trial court
granted the motion, finding that sections 401(a)(1) and 401(a)(2) were separate
crimes, rather than different theories of the same crime. The state was granted
permission to appeal under Rule 9 of the Tennessee Rules of Appellate
Procedure. Because Tennessee Code Annotated section 55-10-401(a)(1) and (a)(2)
provide alternate theories of conviction for the same crime, the judgment of
the trial court is reversed and the cause is remanded for trial.
State vs. Nathan Ramagos - M2001-01873-CCA-R3-CD
View
Davidson
County - The defendant pled guilty to one count of sexual battery, a
Class E felony; one count of indecent exposure, a Class A misdemeanor; and one
count of reckless aggravated assault, a Class D felony. Denying his request for
probation, the trial court sentenced him as a Range I, standard offender to the
maximum sentence for each offense, for an effective sentence of four years. In
a timely appeal to this court, the defendant challenges his sentences, arguing
that the trial court erred in its application of enhancement factors, and in
failing to find any factors in mitigation. Based upon our review, we conclude
that two of the three enhancement factors found applicable by the trial court
are unsupported by the record, but that the remaining enhancement factor, the
defendant's prior history of criminal conduct, is entitled to great weight. We
further conclude that mitigating factor (1), the defendant's actions did not
cause or threaten serious bodily injury, applies to the defendant's convictions
for sexual battery and indecent exposure, but that it carries very little, if
any, weight in mitigation. Accordingly, we affirm the trial court's denial of
the defendant's request for probation, and the sentences imposed in this case.
State vs. Ricky Hughes -
M2000-01846-CCA-MR3-CD View
A
Davidson County Criminal Court jury convicted the defendant, Ricky T. Hughes,
of facilitation of first degree felony murder, a Class A felony, and especially
aggravated robbery, a Class A felony. The trial court sentenced him to
consecutive sentences of twenty-five years as a standard offender for the
facilitation conviction and twenty-five years as a violent offender for the
aggravated robbery conviction. The defendant appeals, claiming that (1) the
evidence is insufficient to support his convictions, (2) the trial court erred
by denying his motion to suppress his confession, and (3) the trial court erred
by not allowing him to testify about a prior consistent statement. We affirm
the judgment of the trial court.
State
vs. Steven Dalton - M2001-00756-CCA-R3-CD
View
A Hickman
County Criminal Court jury found the defendant, Steven Dalton, guilty
of voluntary manslaughter for the killing of a fellow inmate. The trial court
imposed a six-year sentence to be served consecutively to the defendant's
existing life sentence. The defendant appeals his conviction, claiming: (1) the
trial court erred in allowing the State to impeach him with his prior felony
murder conviction and (2) the evidence was insufficient to support his
conviction for voluntary manslaughter. We affirm the judgment of the trial
court.
State vs. Harton, Thomas &
Fore - M2001-00799-CCA-R3-CD View
Marshall
County - This is a consolidated state appeal from the trial court's
order suppressing evidence in two separate drug cases involving three
defendants. The defendants were stopped on Interstate 65 in Marshall County
when officers observed traffic violations; their vehicles were searched after a
trained canine "alerted;" and, as a result of the search of their vehicles,
they were charged with possession of a substantial quantity of drugs with
intent to sell. The state contends the trial court erred (1) in declaring Tenn.
Code Ann. § 55-8-124, the "following too closely" statute,
unconstitutionally vague; and (2) by finding an equal protection violation
based upon selective prosecution due to the officers' use of various
"indicators" in determining whether to stop the vehicles for traffic
violations. We conclude Tenn. Code Ann. § 55-8-124 is not
unconstitutionally vague, and the stops did not deprive the defendants of equal
protection; therefore, we reverse the judgments of the trial court.
State vs. Steven McCain - M2000-02989-CCA-R3-CD
View
Davidson
County - The appellant, Steven James McCain, was convicted by a jury
in the Criminal Court of Davidson County of two counts of first degree
premeditated murder. He received two consecutive sentences of life imprisonment
with the possibility of parole. On appeal, the appellant raises the following
issues for our review: (1) whether the trial court erred in denying the
appellant's "Motion to Suppress Identifications Made During an Unconstitutional
Photographic Line-Up Procedure"; (2) whether the trial court erred in denying
the appellant's "Motion to Suppress Defendant's Statements"; (3) whether the
trial court erred in admitting the audio-tape-recorded statement of Chad
Collins; (4) whether the trial court erred in overruling the defense request
for a mistrial when the prosecution improperly argued that the jury should
consider Chad Collins' statement as substantive evidence at trial; and (5)
whether the evidence was sufficient to support his convictions. Upon review of
the record and the parties' briefs, we affirm the judgments of the trial court.
State vs. Willie Miller -
M2001-01868-CCA-R3-CD View
Williamson County - The defendant appeals from his
conviction for child rape rendered after a jury trial. On appeal, the defendant
claims: (1) the trial court erred in denying the defendant's request for an
appointed DNA expert; (2) the victim, who was five years old at the time of
trial, was not competent to testify; and (3) the evidence was insufficient to
support his conviction because the victim's testimony should not have been
presented. We affirm the judgment of the trial court.
State vs. Felicia Cannon - M2001-01875-CCA-R3-CD
View
Bedford
County - After convictions for sale and delivery of a Schedule II
controlled substance, the trial court sentenced defendant to nine years and ten
months incarceration. Defendant appeals asserting she is entitled to Community
Corrections Program. We disagree and affirm.
State vs. Tracy Farrell - E2001-01199-CCA-R3-CD
View
McMinn
County - The defendant, Tracy Farrell, appeals from his eleven drug
convictions rendered by a McMinn County Criminal Court jury. On appeal he
challenges the trial court's failure to grant a severance of offenses. We have
determined that the trial court did not abuse its discretion in denying the
motion to sever offenses, and we affirm the conviction judgments.
State vs. Ronald Rickman & William Groseclose
- W1999-01744-CCA-R3-CD View
Shelby County - The appellants, Ronald Eugene Rickman and
William Edward Groseclose, appeal their convictions by a jury in the Shelby
County Criminal Court of, respectively, first degree murder and being an
accessory before the fact to first degree murder. In this appeal, appellant
Groseclose presents the following issues for our consideration: (1) whether the
trial court erred in failing to sever his trial from that of co-defendant
Rickman; (2) whether the trial court erred in admitting at trial the former
testimony of Barton Wayne Mount; (3) whether the trial court erred in excluding
testimony by Gary King; and (4) whether the evidence adduced at trial is
sufficient to support the jury's verdict of guilt. Appellant Rickman solely
challenges the introduction at trial of Mount's former testimony. Following a
careful review of the record and the parties' briefs, we remand this case to
the trial court for correction of the judgments to reflect the appellants'
receipt of credit for time served in the Tennessee Department of Correction
prior to trial. We affirm the judgments in all other respects
State vs. Steven Rauhuff -
E2001-00543-CCA-R3-CD View
Blount County - The defendant was indicted for operation
of a motor vehicle after being declared an habitual offender. Following a bench
trial, he was convicted of the indicted offense. In this appeal, the defendant
challenges the sufficiency of the evidence. We affirm.
State vs. Charles Martin - E2001-00565-CCA-R3-CD
View
Sevier
County - The Defendant, Charles H. Martin, was convicted by a jury of
aggravated assault. Following a sentencing hearing, the trial court sentenced
him as a Range I offender to six years in the Department of Correction. On
appeal, the Defendant contends that the trial court erred in denying his motion
to strike handwritten portions of the indictment. We affirm the judgment of the
trial court.
State vs. James McCurry -
E2001-01900-CCA-R3-CD View
The
Appellant, James L. McCurry, was convicted by a Roane County
jury of one count of premeditated first degree murder and was sentenced to life
imprisonment. On appeal, McCurry raises two issues for our review: (1) Whether
the evidence presented at trial was sufficient to support a conviction for
premeditated first degree murder; and (2) whether the trial court erred by
failing to exercise its role as the thirteenth juror. After review, we find no
error and affirm the judgment of the trial court.
State vs. Scotty DeWayne Robinson -
E2001-02342-CCA-R3-CD View
Knox County - The defendant, Scotty Dewayne Robinson, pled
guilty to Class D felony theft pursuant to a plea agreement recommending the
imposition of a three-year sentence to be served consecutively to a federal
sentence. The trial court accepted the defendant's plea of guilty and imposed
the recommended sentence. In this appeal, the defendant argues the trial court
improperly sentenced him. We conclude the defendant has no appeal as of right
of his sentence since it was a part of a plea agreement in which the defendant
waived the right to appeal. Accordingly, the appeal is dismissed.
Cases posted the week of 05/13/2002
Roy Lane vs. State - E2000-00310-CCA-R3-PC
View
Cocke
County - This appeal by the petitioner, Roy Lane, involves both a
delayed appeal from his first degree murder conviction and an appeal from the
denial of post-conviction relief. In the delayed appeal, the petitioner
contends that the Cocke County Circuit Court (1) improperly admitted evidence
about the petitioner's prior bad acts and (2) gave erroneous jury instructions.
In the post-conviction appeal, the petitioner claims that he received the
ineffective assistance of trial counsel. As to the petitioner's delayed appeal,
we conclude that the trial court did not err and affirm his conviction for
first degree premeditated murder. As to his post-conviction petition, we affirm
the trial court's finding that the petitioner received the effective assistance
of counsel.
State vs. James Newland -
E2001-01055-CCA-R3-CD View
The
defendant, James D. Newland, appeals from the Sullivan County
Criminal Court's revoking his probation that was ordered for his guilty plea to
rape. The defendant contends that the trial court abused its discretion in
revoking his probation and sentencing him to confinement. We affirm the
judgment of the trial court.
State vs Jerry
Allen Ketchum - E2001-02008-CCA-R3-CD View
Sullivan
County - The Defendant entered a plea of nolo contendere to attempted
aggravated sexual battery. Pursuant to his plea agreement, the Defendant
received a four-year sentence, with the manner of service of the sentence to be
determined by the trial court. Following a sentencing hearing, the trial court
ordered that the Defendant serve the four-year sentence in the Tennessee
Department of Correction. The Defendant now appeals, arguing that he should
have received some form of alternative sentencing. Concluding that the record
supports the trial court's denial of alternative sentencing, we affirm the
judgment of the trial court.
State vs.
Robbie Powers - W2001-01950-CCA-R3-CD View
Obion County
- The Appellant, Robbie Gene Powers, challenges his convictions for
driving under the influence of an intoxicant (DUI), third offense; driving on a
revoked license, third offense; and violation of the implied consent law. The
Appellant received an effective sentence of eleven months and twenty-nine days,
with six months and five days of incarceration in the county jail. On appeal,
the Appellant argues that: (1) the trial court erred in denying his motion to
set aside or declare void two prior DUI convictions, which were used for
enhancement purposes; (2) the evidence was insufficient to sustain his
convictions; and (3) his sentences were excessive. After a review of the
record, we affirm the judgment of the Obion County Circuit Court.
State vs. Lary Simmons & Tyce Jackson -
M1999-01388-CCA-R3-CD View
Montgomery County - The appellants, Tyce Jackson and Larry
Simmons, were initially charged with delinquency in a juvenile petition filed
in the Juvenile Court for Montgomery County. This petition arose out of two
separate car jackings occurring in October of 1997. A hearing was held in the
juvenile court upon the State's petition to transfer the appellants to criminal
court for trial as adults. Finding that the appellants should be tried as
adults, the juvenile court transferred the case to the Montgomery County
Criminal Court. The appellants appealed their transfer by way of a petition for
the writ of certiorari filed in the criminal court. The criminal court denied
the writ. The appellants were indicted on two counts of especially aggravated
kidnapping, two counts of carjacking, two counts of aggravated robbery, two
counts of illegal weapon possession and one count of aggravated assault. Both
appellants ultimately entered guilty pleas in criminal court to one count of
aggravated kidnapping and one count of aggravated assault. They each received
concurrent sentences of ten and six years respectively. As part of the plea
agreement the appellants reserved a certified question of law concerning the
standard used by the juvenile court in transferring the appellants for trial as
adults. The appellants claim that because proof at the transfer hearing showed
them to be "voluntarily committable" to an institution for the developmentally
disabled or mentally ill they were not subject to transfer for trial as adults.
In addition, Appellant Simmons alleges that the evidence at the transfer
hearing failed to adequately identify him as a perpetrator of the offenses. We
find that while Tennessee Code Annotated section 37-1-134(a)(4)(B) prohibits
the transfer to criminal court of juveniles who are "involuntarily committable"
to a mental health facility, no such prohibition exists with respect to
juveniles whose mental disorders might make them subject to voluntary admission
to a mental health facility. In addition, we find that Appellant Simmons has
failed to present this Court with a record sufficient to permit review of the
issue concerning his identity as a perpetrator of the offenses at issue in this
appeal. The judgments, conviction and sentences are therefore affirmed.
Ted Brannan vs. State - M2000-01668-CCA-R3-PC
View
The defendant, Ted Ray
Brannan, was found guilty by a Franklin County jury of
aggravated burglary and theft of property. Accordingly, the trial court
sentenced him to an effective sentence of twelve years, ten years as a Range
III persistent offender for his aggravated burglary conviction to be served
concurrently with his twelve year sentence as a career offender for his theft
of property conviction. The defendant appealed his conviction to this Court,
and we dismissed the appeal, finding that the appeal was not properly before
this Court because the defendant had failed to file a timely motion for new
trial or a timely notice of appeal. See State v. Ted Ray Brannan, No.
01C01-9704-CC-00148, 1998 WL 242453, at *1 (Tenn. Crim. App. at Nashville, May
15, 1998). The defendant then sought post-conviction relief, and the
post-conviction court found that the defendant was deprived of a direct appeal
because his counsel was ineffective in failing to file a motion for new trial
or a notice of appeal. Accordingly, the post-conviction court granted the
defendant a delayed appeal. However, the court found that the defendant's other
allegations of error were meritless. The defendant is now before this Court on
a delayed appeal challenging the post-conviction court's finding that his other
post-conviction issues lacked merit. Although we find that the lower court
should have dismissed the post-conviction petition when granting him a delayed
appeal, in the interest of judicial economy, we will address the issues
pertaining to the post-conviction petition as well as those in his direct
appeal. Having found that all the issues in this appeal lack merit, the
judgment of the circuit court is affirmed.
State vs. Collin Johnson & Jason
Porterfield - M2001-01973-CCA-R9-CD View
The state brings this
interlocutory appeal in which it challenges the order of the Rutherford
County Circuit Court authorizing the admission into evidence of
certain testimony relating to the prior sexual behavior of the alleged rape
victim. We affirm in part, reverse in part, and remand for further proceedings.
State vs. Larry Brown -
W2000-03118-CCA-R3-CD View
The
Defendant, Larry Brown, was convicted by a Shelby County jury
of theft of property with a value over $500.00 and evading arrest. After a
sentencing hearing, the trial court sentenced him to six years for the theft
charge and eleven months and twenty-nine days for evading arrest. The trial
court ordered the sentences to be served consecutively. On appeal, the
Defendant contends that the evidence is insufficient to support a finding of
guilt beyond a reasonable doubt. We affirm the Defendant's conviction for
evading arrest and reverse and dismiss his conviction for theft of property.
State vs. Willie Cowan Jr. -
W2000-03140-CCA-R3-CD View
The
Defendant was convicted by a Shelby County jury of vehicular
homicide by intoxication and reckless driving. He received an effective
sentence of nine and a half years in the Tennessee Department of Correction.
The Defendant now appeals, arguing the following: (1) that insufficient
evidence was presented at trial to convict him of the charged offenses and (2)
that the trial court erred in sentencing the Defendant. Finding no error, we
affirm the judgment of the trial court.
State vs. Donald Harmon & Charles Golden -
E2001-01506-CCA-R3-CD & E2001-01324-CCA-R3-CD View
Greene County
- The defendants, Donald Richard Harmon, Jr., and Charles Leonard Golden were
convicted of theft over $1,000.00 but less than $10,000.00. See Tenn. Code Ann.
§§ 39-14-103, 105(3).The trial court imposed Range I, two-year
sentences for each defendant. Each has appealed, challenging the sufficiency of
the evidence and alleging as error the limitation of cross-examination of a
state witness. The defendant Harmon argues that he should have been granted an
alternative sentence. The cause is remanded as to the sentencing of the
defendant Harmon; otherwise, the judgments of the trial court are
affirmed.
State vs. Roger Edwards -
E2001-00705-CCA-R3-CD View
Claiborne County - Defendant appeals the trial court's
denial of defendant's request to withdraw his guilty plea and motion for a new
trial. On appeal, defendant has two assertions: (1) he received ineffective
assistance of counsel and (2) the State committed a Brady violation. Concluding
that defendant received effective assistance of counsel and did not demonstrate
a Brady violation, we affirm the trial court's judgment.
State vs. Tracy Bostic - Nos.
M2000-02941-CCA-R3-CD, M2000-03220-CCA-R3-CD View
The Williamson
County Grand Jury returned separate, one-count presentments against
the defendant, Tracy T. Bostic, charging him with felony sale or delivery of a
controlled substance, in violation of Tennessee Code Annotated section
39-17-417, and with felony sale or delivery of a counterfeit controlled
substance, in violation of Code section 39-17-423. The defendant was tried and
convicted on the controlled substance charge, and the trial court imposed an
incarcerative sentence of nine years as a Range II, multiple offender and
assessed a $25,000 fine. The defendant elected to forego a trial on the
counterfeit controlled substance charge, and he entered a "blind" guilty plea
to that offense, for which he received a three-year incarcerative sentence as a
Range II, multiple offender, which was ordered to be served consecutively to
the nine-year sentence. On appeal, the defendant contests the sufficiency of
the evidence upon which his controlled substance conviction rests, and he
complains about the length and manner of service of his combined sentences and
about the $25,000 fine. Based upon our review of the video record in this case
and our consideration of the briefs of the parties and applicable law, we
affirm the defendant's convictions and the incarcerative portion of his
sentences, but we modify the $25,000 fine imposed to $15,000.
State vs. Kenneth Bills - W2001-00396-CCA-R3-CD
View
Hardeman
County - The Defendant, Kenneth Javon Bills, was convicted by a jury
of attempted second degree murder and aggravated assault. He was sentenced as a
Range I standard offender to ten years for the attempted murder and four years
for the aggravated assault, to be served concurrently in the Department of
Correction. In this direct appeal, the Defendant raises the following issues:
(1) whether the evidence is sufficient to sustain his convictions; (2) whether
double jeopardy principles require dismissal of his aggravated assault
conviction; (3) whether the trial court erred by admitting certain rap lyrics
authored by the Defendant; and (4) whether his sentence is excessive. Finding
that double jeopardy principles prohibit the Defendant's dual convictions, we
reverse and dismiss the Defendant's conviction for aggravated assault. In all
other respects, we affirm the trial court's judgment.
State vs. Ricardo Maxwell -
W2000-02011-CCA-R3-PC View
A
Madison County jury convicted the petitioner and his
co-defendants of felony murder, conspiracy to commit especially aggravated
burglary, especially aggravated burglary, and theft over five hundred dollars.
See State v. Montez Antuan Adams, No. 02C01-9709-CC-00352, 1998 WL 556174, at
*1 (Tenn. Crim. App. at Jackson, Sept. 1, 1998). For these offenses the
petitioner effectively received a life sentence. Id. On appeal this Court
reduced the especially aggravated burglary to aggravated burglary and announced
the corresponding sentence for this offense with respect to the petitioner and
each of his co-defendants; however, the remainder of the convictions were
affirmed, and the effective sentence remained the same. Id. at *1, *9.
Subsequently, the petitioner filed a pro se post-conviction petition and
received appointed counsel thereon. At the evidentiary hearing on this
petition, the petitioner unsuccessfully pursued an ineffective assistance of
counsel claim. Through this appeal he continues to aver that he received
ineffective assistance because counsel did not fully discuss potential trial
tactics and strategies with him, thereby depriving him of the opportunity to
aid in his defense. After considering this matter, we determine that the
petitioner has failed to prove that this claim merits relief. As such, we
affirm the trial court's dismissal of the petitioner's post-conviction
petition.
Floyd Campbell vs. State -
M2001-00408-CCA-R3-PC View
Cannon County - Petitioner, alleging ineffective
assistance of counsel, appeals the trial court's denial of post-conviction
relief. Petitioner claims counsel failed to adequately investigate evidence and
properly file a motion for new trial and an amended motion for new trial. We
conclude counsel was not ineffective and affirm the post-conviction court's
judgment.
State v. William Marks -
M2001-01497-CCA-R9-CO View
Davidson County - The defendant brings this interlocutory
appeal in which he challenges the prosecutor's denial of pretrial diversion for
simple assault and the trial court's denial of his certiorari petition. We
conclude the prosecutor properly considered the need for deterrence for
domestic violence, the defendant's lack of remorse and failure to take
responsibility for his actions, and the seriousness of the offense and its
impact upon the victim. However, we conclude the prosecutor wrongfully
considered certain factors relating to domestic violence cases that have no
application to the circumstances of this case, and wrongfully considered the
defendant's depression for which he takes prescription medication. Accordingly,
we reverse the order of the trial court and remand this matter to the district
attorney general for further consideration in accordance with this opinion.
Robert Freeman vs. State -
M2000-00904-CCA-R3-PC View
Sumner County - The petitioner originally pled guilty
pursuant to a negotiated plea agreement to one count of aggravated assault for
an agreed eight-year sentence as a Range II multiple offender. He timely sought
post-conviction relief, which was denied by the post-conviction court. In this
appeal, the petitioner contends his trial counsel was ineffective, and his
guilty plea was involuntary. We affirm.
Cases posted the week of 05/06/2002
State vs. Cory James Martin -
E2001-00914-CCA-R9-CD View
Anderson County - The defendant, Cory James Martin, was
indicted for two counts of rape of a child and three counts of especially
aggravated sexual exploitation of a minor. After granting a motion to suppress
two incriminating statements made by the defendant prior to his arrest, the
trial court permitted the state an application for permission to appeal under
Rule 9 of the Tennessee Rules of Appellate Procedure. In this interlocutory
appeal, the state asserts that the trial court erred by granting the motion to
suppress. Because the defendant was not in custody at the time of the
statements and Miranda warnings were not required, the judgment of the trial
court is reversed and the cause is remanded for trial.
State vs. Brian Kelley - M2001-00461-CCA-R3-CD
View
Wilson
County - Defendant, Brian Val Kelley, was convicted by a Wilson County
jury of one count of premeditated and intentional first degree murder, Tenn.
Code Ann. § 39-13-202(1), and one count of murder committed in the
perpetration of or attempt to perpetrate aggravated child abuse, Tenn. Code
Ann. § 39-13-202(2). The trial court merged the felony-murder conviction
with the premeditated and intentional first degree murder conviction and
sentenced Defendant to life with the possibility of parole. In this appeal,
Defendant raises the following issues: (1) whether Defendant met his burden of
proving the defense of insanity by clear and convincing evidence which, without
conflicting proof, rendered the evidence against him insufficient to support
his convictions; (2) whether the trial court erred by failing to instruct the
jury concerning how to properly define "wrongfulness" when considering the
defense of insanity; (3) whether the trial court's failure to charge the jury
on the lesser-included offense of voluntary manslaughter was reversible error;
and (4) whether the trial court erred by improperly limiting the testimony of
Defendant's expert witnesses and by giving erroneous instructions to the jury
regarding such limitation. After a thorough review of the record and applicable
law, we affirm the judgment of the trial court.
State vs. Timothy King - M2001-01880-CCA-R3-CD
View
Grundy
County - The defendant was indicted for second degree murder,
convicted by a jury of the lesser-included offense of voluntary manslaughter,
and subsequently sentenced to a term of six years. In this appeal, the
defendant contends: (1) the evidence was insufficient to support his
conviction; (2) the state improperly cross-examined him concerning his use of
illegal drugs; (3) the district attorney committed prosecutorial misconduct in
closing argument; (4) the trial court improperly instructed the jury concerning
the weight to be given the defendant's testimony; and (5) the defendant's
sentence was excessive. After a thorough review of the record, we affirm the
judgment of the trial court in all respects.
State vs. Jared Breaux - M2001-01993-CCA-R3-CD
View
Davidson
County - The defendant, who had three convictions for DUI, was
incarcerated after the suspended portion of his most recent DUI sentence had
been revoked because of a fourth arrest for DUI and his failure to report the
new arrest to his probation officer. The following month, the defendant was
released on a four-day furlough to attend his grandmother's funeral in
Louisiana, and, apparently because of the late hour when the release occurred,
the conditions of his release were not explained. Two hours later, the
defendant was seen by a jail deputy at a nearby Hooter's Restaurant, as he
drank a beer with his brothers, whom he had met there for the journey to
Louisiana. Following a hearing, he was held in contempt of court for consuming
an alcoholic beverage while on furlough and sentenced to ten days confinement
to be served consecutively to the sentence for which he then was incarcerated.
He timely appealed that ruling, arguing that since the conditions of the
furlough had not been explained to him, the evidence was insufficient for the
finding that he was in contempt of court. Upon our review, we affirm the trial
court.
State vs. Percy Farris -
W2001-01787-CCA-R3-CD View
McNairy County - The Defendant, Percy Perez Farris, was
convicted by a jury of attempt to commit first degree premeditated murder and
especially aggravated robbery. The trial court sentenced the Defendant to
twenty-five years for each offense, to be served concurrently in the Department
of Correction. In this direct appeal the Defendant raises the following issues:
(1) whether the trial court erred in denying the Defendant's motion to change
venue; (2) whether the trial court erred in refusing to suppress identification
testimony; (3) whether the trial court erred in refusing to suppress evidence
concerning the victim's blood; (4) whether the evidence is sufficient to
support the convictions; and (5) whether cumulative error requires a new trial.
We affirm the judgment of the trial court.
State vs. Shanta McKinney -
W2001-01832-CCA-R3-CD View
Tipton County - The Defendant, Shanta Lavett McKinney,
pled guilty to one count of automobile burglary; one count of theft over $1000;
one count of misdemeanor assault; and one count of theft under $500. He was
sentenced as a Range I standard offender to one year, six months for the auto
burglary; three years for the theft over $1000; eleven months, twenty-nine days
for the assault; and eleven months, twenty-nine days for the theft under $500,
all sentences running concurrently. Under separate indictment, the Defendant
pled guilty to four counts of aggravated burglary; one count of theft between
$500 and $1000; and three counts of theft under $500. He was sentenced as a
Range I standard offender to five years for each of the burglaries; one year
six months for the theft over $500; and eleven months, twenty-nine days for
each of the thefts under $500. These sentences were ordered to run concurrently
with each other, but consecutively to the previously mentioned sentences, for
an effective sentence of eight years in the Department of Correction. In this
direct appeal the Defendant challenges both the length of his felony sentences
and the trial court's denial of an alternative sentence. We affirm the judgment
of the trial court.
State vs. Thomas
Slates - W2001-01349-CCA-R3-CD View
Gibson County
- The defendant, Thomas Slates, was indicted for three counts of selling
cocaine in an amount greater than .5 grams, a Class B felony. See Tenn. Code
Ann. § 39-17-417(a)(3), (b). The jury returned a guilty verdict on the
first count, a not guilty verdict on the second count, and could not reach a
verdict on the third. The trial court imposed a Range I sentence of eight years
on count one. In this appeal of right, the defendant contends that (1) the
evidence was insufficient; and (2) the trial court erred by failing to consider
alternative sentencing. The judgment of the trial court is affirmed.
John Slate. vs. State - E2001-01906-CCA-R3-PC
View
Sevier
County - The Defendant, John Wayne Slate, Sr., appeals the trial
court's summary dismissal of his second petition for post-conviction relief.
The Defendant contends the trial court improperly dismissed his petition for
post-conviction relief without an evidentiary hearing. We affirm the trial
court's dismissal of the petition.
Calvin
Sneed vs. State - E2000-01604-CCA-R3-PC View
Rhea County -
The petitioner, Calvin Lee Sneed, appeals the Rhea County Circuit Court's
dismissal of his petition for post-conviction relief from a 1995 conviction for
first degree premeditated murder. The trial court concluded that the petition
failed to state a colorable claim. See Tenn. Code Ann. § 40-30-206(f). The
petitioner contends that his petition states colorable claims and that the
trial court erred in dismissing the petition without the appointment of counsel
or an evidentiary hearing. We agree and remand the case to the trial court for
the appointment of counsel.
State vs.
Michael Cardenas - W2001-01123-CCA-R3-PC
View
Chester
County - The appellant, Michael Brian Cardenas, appeals from the order
of the Chester County Circuit Court denying his petition for post-conviction
relief. On appeal, the appellant argues that his guilty plea was involuntary
because "he was denied the effective assistance of counsel at the trial level."
In the appellant's brief, he raises four general areas of ineffectiveness: (1)
his attorney failed to investigate, prepare or present a defense to charges
against him; (2) counsel failed to file a motion to suppress the statement that
appellant had provided to arresting authorities; (3) counsel failed to file a
motion for change of venue; and (4) potential character witnesses were never
interviewed to determine whether their testimony could be used during the
trial. We find this argument without merit. The judgment of the post-conviction
court is affirmed pursuant to Rule 20 of the Rules of the Tennessee Court of
Criminal Appeals.
State vs. Jessie
Hodges - W2001-00871-CCA-R3-CD View
A Lauderdale County Grand Jury indicted the defendant for
robbery, and following a trial, a Lauderdale County jury convicted the
defendant of the offense charged. In this direct appeal, the defendant presents
the following issues for our review: (1) whether sufficient evidence was
presented at trial to support his conviction; (2) whether evidence introduced
at trial was illegally obtained in contravention of the defendant's Fourth
Amendment rights; (3) whether the defendant was deprived of an "independent
analysis of the evidence"; and (4) whether the trial court improperly
instructed the jury. Finding no error in the record, we affirm the defendant's
conviction.
State vs. Willie Kyles Jr.
- W2001-01931-CCA-R3-CD View
Lauderdale County - The defendant, Willie Earl Kyles,
Jr., was convicted of possession of .5 grams or more of cocaine with the intent
to deliver. See Tenn. Code Ann. § 39-17-417(c)(1). The trial court imposed
a 12-year sentence. Because the defendant was classified as a multiple
offender, release eligibility was established at 35%. In this appeal of right,
the defendant challenges the sufficiency of the evidence. The judgment is
affirmed.
State vs. Damond Macon/Kenneth
Woods - W2001-02706-CCA-R3-CD View
Madison County
- The defendants, Damond Lavonzell Macon and Kenneth Ray Woods, entered pleas
of guilt to possession of marijuana and possession of drug paraphernalia.
Pursuant to a plea agreement, the defendant Macon received concurrent sentences
of 11 months and 29 days on each count, suspended after six months; the
defendant Woods received concurrent sentences of 11 months and 29 days, all of
which was to be served on unsupervised probation. The charge against Woods for
disobeying a stop sign was dismissed as part of the plea agreement. The
defendants reserved for appeal the question of whether the stop was based upon
a reasonable suspicion supported by specific and articulable facts. See Tenn.
R. Crim. P. 37. The judgments are affirmed.
State vs. Ben Mills - W1999-01175-CCA-R3-CD
View
Shelby County
- The defendant, Ben Mills, was convicted of one count of first degree
premeditated murder, one count of felony murder, one count of aggravated
robbery and two counts of attempted first degree murder. The trial court merged
the murder convictions and imposed a sentence of life imprisonment. For the
remaining convictions, the trial court imposed sentences as follows: eight
years as a standard, Range I offender for aggravated robbery to be served
concurrently with the life sentence, and 15 years as a standard, Range I
offender for each attempted first degree murder conviction to be served
concurrently to each other but consecutively to the sentences for first degree
murder and aggravated robbery. The effective sentence, therefore, is life plus
15 years. In this appeal as of right, the defendant contends (1) that the
evidence was insufficient to support his convictions; (2) that the trial court
erred by failing to instruct the jury regarding all of the lesser included
offenses of felony murder; and (3) that the trial court erred by failing to
instruct the jury on intoxication. The judgments of the trial court are
affirmed. The judgment for first degree murder is modified to reflect that the
conviction for felony murder is merged into the conviction for premeditated
first degree murder.
State vs. Johnny
Shields - W2001-01554-CCA-R3-CD View
Madison
County - Appellant, Johnny Shields, was convicted of two counts of
aggravated sexual battery, a class B felony, following a jury trial. The trial
court sentenced Shields, as a Range I offender, to concurrent eleven year
sentences in the Department of Correction. On appeal, Shields raises the
following issues: (1) whether the evidence was sufficient to support the
verdicts, and (2) whether his sentences were proper. After a review of the
record, we affirm Shields' convictions but modify his sentences due to
misapplication of enhancing and mitigating factors.
State vs. Montea Wilson -
W2001-00748-CCA-R3-CD View
Shelby County - A jury convicted the defendant,
Montea Wilson, of felony murder and attempted especially aggravated robbery.
The trial court merged the attempted robbery conviction with the felony murder
conviction and the jury sentenced the defendant to life without the possibility
of parole. In this appeal of right, the defendant contends (1) that the
evidence was insufficient; (2) that the trial court erred by failing to exclude
certain evidence as unfairly prejudicial; (3) that defense counsel was
erroneously prohibited from making a full opening statement; (4) that the trial
court erred by denying a defense request for expert witness funds; (5) that
prior robbery convictions were erroneously admitted for impeachment purposes;
(6) that the trial court erred by limiting the testimony of defense witness
Sammie Ballard; and (7) that the trial court erred by permitting certain
testimony at a suppression hearing. Because there is no reversible error, the
judgment of the trial court is affirmed.
Cases posted the week of 04/29/2002
Yasmond Fenderson vs. State -
E2001-01088-CCA-R3-PC View
Knox County - The petitioner, Yasmond Fenderson,
filed a petition for post-conviction relief to challenge his Knox County
convictions of second-degree murder and conspiracy to commit second-degree
murder. The post-conviction court conducted an evidentiary hearing but denied
post-conviction relief. The petitioner appeals and claims the ineffective
assistance of trial counsel. Finding that the record supports the
post-conviction court's denial of relief, we affirm.
State vs. Jacquie Upchurch
Giardina - E2001-00581-CCA-R3-CD
View
Hawkins
County - Convicted by a jury of third-offense driving while under the
influence (DUI), the defendant, Jacquie Upchurch Giardina, challenges on appeal
the sufficiency of the convicting evidence and her sentence of eleven months
and 29 days to be served in confinement. Discerning no error, we affirm the
conviction and the sentence.
State vs.
Gregory Payne - M2000-02900-CCA-R3-CD
View
Davidson
County - Defendant, Gregory Scott Payne, was indicted by a Davidson
County Grand Jury for one count of sexual battery, one count of attempted rape,
and two counts of rape. Following a trial, the jury found defendant guilty of
one count of sexual battery, a Class E felony, as a lesser-included offense of
one of the rape charges, and not guilty of the remaining offenses. The trial
court subsequently sentenced defendant as a