The following Opinions are available for download:
Cases posted the week of
06/30/2003
State vs. James Stanley
Beckman, Sr. - M2002-00401-CCA-R3-CD View
Bedford County
- The appellant, James Stanley Beckman, Sr., was indicted by the Bedford County
Grand Jury on one count of theft over $10,000 in July 2001. After a jury trial,
the defendant was convicted as a Range I offender, and sentenced to four years
at thirty percent in the Tennessee Department of Correction. On January 4,
2002, the appellant filed a motion for a new trial which was denied on February
22, 2002. In this appeal, the appellant raises the issue of whether the
evidence is sufficient for a conviction of theft of property over $10,000.
After a review of this record we find that the evidence is sufficient.
Accordingly, the judgment of the trial court is affirmed.
State vs. Dennis R. Jenkins -
M2002-01702-CCA-R3-CD View
Rutherford County -
The appellant, Dennis R. Jenkins, pled guilty in the Rutherford County Circuit
Court to possession of methamphetamine, a Schedule II controlled substance,
with intent to deliver. The trial court sentenced the appellant to three years
to be served on probation and imposed a two thousand dollar ($2,000) fine.
Pursuant to the plea agreement, the appellant reserved the right to appeal as a
certified question of law the trial court's denial of his motion to suppress.
Upon review of the record and the parties' briefs, we affirm the judgment of
the trial court.
State vs. Leslie Brian
Willis - M2001-00634-CCA-R3-CD View
Robertson
County - Following the reversal of his first degree felony murder
conviction due to insufficient evidence to support the predicate felony, the
defendant, upon remand, was convicted by a jury of second degree murder. On
this appeal, he raises the following issues: (1) Whether the evidence was
sufficient to sustain a conviction for second degree murder; (2) Whether second
degree murder is a lesser included offense of first degree felony murder; (3)
Whether the trial court erred in allowing the State to recall witness William
Alley during its case in chief; (4) Whether the trial court erred in allowing
the testimony of TBI Agent Mike Breedlove, in violation of Tenn. R. Crim. P.
404(b), that the defendant threatened to break his neck; and (5) Whether the
trial court erred in sentencing the defendant to the maximum twenty-five years.
We affirm the defendant's conviction for second degree murder.
State vs. Ronald Paxton - W2002-00268-CCA-R3-CD
View
Shelby
County - The defendant, Ronald Paxton, was convicted of second degree
murder. The trial court imposed a twenty-five year sentence. In this appeal,
the defendant argues that the evidence is insufficient to support his
conviction and that the sentence is excessive. The judgment of the trial court
is affirmed.
State vs. Sandra & Tabitha
Webb - W2001-00447-CCA-R3-CD View
Madison County - The
defendants, Sandra Kay Webb and Tabitha Nicole Webb, were convicted of
forty-seven counts of cruelty to animals and each was sentenced to concurrent
sentences of eleven months and twenty-nine days for each count, with
incarceration for sixty days and a prohibition from either owning animals for
ten years. In addition, the defendants were ordered to pay $39,978.85 in
restitution to the Jackson-Madison County Humane Society and to perform fifty
hours of community service work, and each defendant was fined a total of $5000.
Soon afterwards, the trial court found that each had possessed animals since
their convictions and revoked their community corrections sentences. On appeal,
the defendants argue that their convictions should be reversed because the
search warrant affidavit was defective, as was its execution; the affiant was
untruthful in the affidavit; the animal cruelty statute is unconstitutionally
vague; animal shelter records, utilized by the State during the trial, were
hearsay and should not have been allowed; the evidence was insufficient,
failing to prove either that the defendants acted knowingly or intentionally or
failed to provide necessary care; the humane society was not entitled to
restitution; the defendants should not have been required to serve their
sentences in incarceration or prohibited for ten years from possessing animals;
their community corrections sentences should not have been revoked; and the
court should not have ordered that their dogs be forfeited. Following our
review, we affirm the judgments of the trial court as to forty-seven of the
counts, but remand for entry of a corrected judgment to show that the
defendants were acquitted of Count 8 and for an evidentiary hearing as to the
payment of restitution.
State vs. Demond
Gardner - W2002-00607-CCA-R3-CD View
Shelby County
- The defendant, Demond Gardner, appeals as of right from his conviction by a
jury in the Shelby County Criminal Court of first degree, premeditated murder.
He received a sentence of life imprisonment with the possibility of parole. He
contends that (1) the evidence is insufficient to support his conviction, (2)
the trial court erroneously ruled that the state could question him about the
significance of his tattoo, (3) the trial court erred in admitting inflammatory
and prejudicial photographs of the victim, and (4) the trial court erred in
allowing improper and prejudicial argument by the prosecutor. We affirm the
trial court=s judgment of conviction.
State
vs. Gary Wallace - W2002-01832-CCA-R3-PC View
Madison
County - The Appellant, Gary Wallace, seeks review of the
post-conviction court's dismissal of his petition for post-conviction relief,
pursuant to the Tennessee Post-Conviction DNA Analysis Act of 2001 and the
court's refusal to permit him to reopen his 1994 petition for post-conviction
relief. After review, the judgment of the trial court is affirmed in both
respects.
State vs. Michael Cook -
W2002-01924-CCA-R3-CD View
Obion County -
The defendant, Michael Joseph Cook, was convicted of manufacturing a Schedule
II controlled substance and conspiracy to manufacture a Schedule II controlled
substance, Class C and D felonies. The trial court merged the conspiracy
conviction into the Class C felony and imposed a four-year community based
alternative sentence. As a part of the sentence, the defendant was ordered to
serve one year in jail. In this appeal of right, the defendant contends that
the evidence was insufficient and that his sentence is excessive. The judgment
of the trial court is affirmed.
State vs.
Irvin Franklin/Jerry Sandridge - W2002-00945-CCA-R3-CD
View
Lauderdale
County - The Defendants, Irvin Lee Franklin and Jerry Lorenze
Sandridge, were each convicted by a jury of two counts of aggravated robbery.
In this direct appeal, both Defendants challenge the sufficiency of the
evidence. Defendant Franklin further contends that double jeopardy principles
require the reversal and dismissal of one of the convictions. We find the
evidence sufficient to support the jury's determination that each of these
Defendants committed an aggravated robbery. However, because the facts and
circumstances of this offense support only one conviction for aggravated
robbery as to each Defendant, we modify the other aggravated robbery
convictions to aggravated assault and remand for resentencing on that offense.
In all other respects, we affirm the judgments of the trial court.
Leonard Baugh vs. State - M2002-02425-CCA-R3-PC
View
Davidson
County - A Davidson County jury found the Petitioner, Leonard E.
Baugh, Jr., guilty of one count of especially aggravated robbery, five counts
of especially aggravated kidnapping, one count of aggravated burglary, and one
count of unlawful possession of a weapon by a felon. The trial court imposed an
effective sentence of thirty years. The convictions and sentences were affirmed
on direct appeal. See State v. Leonard Edward Baugh, Jr.,
M2000-00477-CCA-R3-CD, 2001 Tenn. Crim. App. LEXIS 415, (Tenn. Crim. App.,
Nashville, June 1, 2001). The Petitioner filed a petition for post-conviction
relief, alleging ineffective assistance of counsel. Following an evidentiary
hearing, the post-conviction court dismissed the petition. We affirm the
judgment of the post-conviction court.
Billy
Cosby vs. State - M2001-01538-CCA-R3-PC View
Giles County -
The petitioner, Billy Wayne Cosby, pled nolo contendere in the Giles County
Circuit Court to aggravated assault and received a sentence of eight years
incarceration. Subsequently, the petitioner filed for post-conviction relief,
which petition was denied. On appeal, the petitioner contests the summary
dismissal of his post-conviction petition. Upon review of the record and the
parties' briefs, we reverse the judgment of the post-conviction court and
remand for the appointment of new counsel and further proceedings in accordance
with this opinion.
Jason DeMarcus vs.
State - M2002-01335-CCA-R3-PC View
Davidson
County - The petitioner appeals the denial of his petition for
post-conviction relief from his convictions for attempted first degree murder
and three counts of aggravated assault, one of which was merged with the
attempted murder conviction. He argues that the trial court did not have
jurisdiction to try the juvenile petitioner as an adult and that he received
ineffective assistance of trial counsel. Based upon our review, we affirm the
post-conviction court's denial of the petition.
State vs. Kerry Dowell - M2002-00630-CCA-R3-CD
View
Davidson
County - The defendant, Kerry L. Dowell, was convicted by a jury of
kidnapping, car jacking, robbery, felony evasion of arrest, and misdemeanor
evading arrest, and was sentenced to an effective twenty-four years in the
Tennessee Department of Correction. On appeal, the defendant claims that the
evidence was insufficient to support his conviction for kidnapping, car
jacking, and Class D felony evading arrest; the trial court erred in failing to
suppress a statement he made to the police; the trial court erred in failing to
give a limiting instruction to the jury regarding the defendant's prior
convictions; the trial court failed to properly instruct the jury on
lesser-included offenses; and the trial court erred in sentencing the defendant
consecutively on one of the counts. The Class D felony evading arrest
conviction is reversed. We affirm all other judgments of the trial court.
State vs. Angela Isabell -
M2002-00584-CCA-R3-CD View
Lewis County
- The appellant, Angela E. Isabell, was convicted by a jury in the Lewis County
Circuit Court of three counts of the sale or delivery of controlled substances.
The trial court imposed a total effective sentence of four years incarceration
in the Tennessee Department of Correction. On appeal, the appellant contests
her convictions for the "sale or delivery" of controlled substances and further
complains about statements made during trial by the State and the State's
witnesses. The State concedes that there is reversible error. Finding the
appellant's argument to have merit, we reverse all three of the appellant's
convictions and remand to the trial court for further proceedings.
Earl Pike vs. State - M2002-01363-CCA-R3-PC
View
Davidson
County - The petitioner, Earl Junior Pike, appeals from the
post-conviction court's denial of his petition for post-conviction relief,
which alleged that his appointed trial counsel was ineffective for not allowing
him to testify at trial. Following a hearing, the post-conviction court
dismissed the petition, and we affirm.
Floyd
Smith vs. State - M2002-01933-CCA-R3-PC View
Wilson County
- A Wilson County jury convicted the Petitioner of second degree murder. The
trial court sentenced the Petitioner to twenty years in the Department of
Correction. On direct appeal, the Petitioner's sole issue was that the twenty
year sentence imposed by the trial court was excessive. This Court affirmed the
trial court's twenty-year sentence. The Petitioner then filed a petition for
post-conviction relief, alleging that he was denied effective assistance of
counsel at trial and on appeal. The post-conviction court found that Petitioner
failed to present clear and convincing evidence to support his claims and
dismissed the petition. The Petitioner now appeals, arguing that the
post-conviction court erred in denying post-conviction relief based on
ineffective assistance of counsel and flaws in the voir dire. Finding no error,
we affirm the judgment of the post-conviction court.
State vs. Lawrence Truman - M2002-03086-CCA-R3-CD
View
Williamson
County - The defendant, Lawrence E. Truman, appeals as of right his
conviction by the Williamson County Circuit Court for driving under the
influence of an intoxicant (DUI), a Class A misdemeanor. The trial court
sentenced the defendant to eleven months, twenty-nine days, with seven days of
the sentence to be served in the county jail and the balance on probation. The
defendant, who remained free on bond following his conviction, failed to appear
for a subsequent review hearing, and the trial court issued a capias for his
arrest. In this appeal, the defendant contends that the evidence is
insufficient to support his DUI conviction. We dismiss the appeal because the
defendant remains on escape status.
Cases posted the week of 06/23/2003
State vs. Frankie Lee Woodard -
M2001-02840-CCA-R3-CD View
Robertson
County - The appellant, Frankie Lee Woodard, was indicted on October
29, 1999, by the Robertson County Grand Jury on one count of theft of property
over $500. The appellant was found guilty as charged and sentenced to four
years in the Tennessee Department of Correction. The appellant now appeals
contending that the evidence was not sufficient to support his conviction for
theft of property over five hundred dollars and that the trial court improperly
instructed the jury regarding the value of the stolen item. After a review of
the record before this Court we find these issues have no merit and therefore
affirm the judgment of the trial court.
State vs. Grover Cowart - E2002-02332-CCA-R3-PC
View
Knox
County - This is an appeal from the trial court's denial of
post-conviction relief. The Defendant, Grover Donnell Cowart, was originally
convicted by a jury of attempted first degree premeditated murder and
especially aggravated robbery; the jury acquitted the Defendant of additional
charges of aggravated rape. On direct appeal, this Court reversed and remanded
for retrial the Defendant's conviction of attempted first degree murder. See
State v. Grover Donnell Cowart, No. 03C01-9512-CR-00402, 1999 WL 5174, at *1
(Tenn. Crim. App., Knoxville, Jan. 8, 1999). The Defendant subsequently filed
for post-conviction relief with respect to the judgment of especially
aggravated robbery, alleging that the State failed to disclose exculpatory
evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10
L.Ed.2d 215 (1963). After an evidentiary hearing, the trial court denied
relief. We affirm the judgment of the trial court.
State v. Leslie Darrell Debord -
E2001-02808-CCA-R3-CD View
Cumberland
County - The appellant, Leslie Darrell Debord, pled guilty in the
Cumberland County Criminal Court to two counts theft of property over one
thousand dollars ($1000), Class D felonies, and three counts of theft of
property over ten thousand dollars ($10,000), Class C felonies. The trial court
sentenced the appellant to an effective sentence of eight years incarceration
in the Tennessee Department of Correction. The trial court suspended the
appellant's sentence, ordering the appellant to serve 104 days in the
Cumberland County Jail on consecutive weekends and the remainder in a community
corrections program. Pursuant to the plea agreement, the appellant reserved the
right to appeal certified questions of law challenging the trial court's denial
of his motion to suppress. Upon review of the record and the parties' briefs,
we affirm the judgments of the trial court.
State vs. Joe A. Gallaher - E2001-01876-CCA-R3-CD
View
Anderson
County - The defendant, Joe A. Gallaher, was convicted by an Anderson
County Criminal Court jury of first degree felony murder. Upon finding that the
defendant knowingly committed, solicited, directed, or aided in the murder
while having a substantial role in attempting to commit robbery, the jury
sentenced the defendant to life without parole. See Tenn. Code Ann. §
39-13-204(i)(7). The defendant appeals, claiming that (1) his confession should
have been suppressed, (2) photographs of the victim before and after his death
should have been excluded from the evidence, (3) a surveillance videotape of
the offense and a transcript of the recording should have been excluded, (4)
the jury should have been instructed on the offense of facilitation of first
degree murder, (5) the jury should not have been instructed that lesser
included offenses should only be considered if it found the defendant not
guilty of first degree murder, (6) the jury should not have been instructed
that a participant in a robbery is guilty of felony murder if a death ensues,
and (7) the evidence is insufficient to prove the aggravating circumstance. We
affirm the conviction.
State vs. Jackie
Durham & Gary Raines - E2001-01509-CCA-R3-CD
View
Hamilton
County - The defendants, Jackie Leonard Durham and Gary Lee Raines,
alias Gary L. Rains, appeal as of right their convictions by a Hamilton County
Criminal Court jury for second degree murder, a Class A felony. Durham received
an agreed twenty-five-year sentence as a violent offender, and Raines received
an agreed twenty-year sentence as a violent offender. Both defendants contend
that (1) the evidence is insufficient to support their second degree murder
convictions and (2) prosecutorial misconduct in closing argument requires a new
trial. Additionally, Raines contends that (3) the trial court committed plain
error by not instructing the jury on voluntary intoxication. We affirm the
trial court's judgments of conviction.
State
vs. Michael E. Bikrev - M2001-02910-CCA-R3-CD View
Davidson County
- The Defendant was charged with and convicted of burglary. The trial court
sentenced him to three years' incarceration. In this direct appeal, the
Defendant argues (1) that the trial court erred by denying his motion for
judgment of acquittal and (2) that the State did not establish a proper chain
of custody concerning the stolen property in this case. Having reviewed the
record, we conclude that legally sufficient evidence was presented at the
Defendant's trial to support his conviction and thus that the trial court did
not err by denying the Defendant's motion for judgment of acquittal. We also
conclude that a proper chain of evidence was established for the recovered
property in this case and thus that the trial court did not abuse its
discretion by admitting the property into evidence. We therefore affirm the
judgment of the trial court.
State vs. James
McClennon - M2002-00153-CCA-R3-CD View
Davidson
County - The defendant was convicted of theft of property over
$10,000, felony evading arrest with risk of death or injury, and felony
reckless endangerment. The trial court merged the reckless endangerment
conviction with the evading arrest conviction, and sentenced the defendant to
fifteen years as a persistent offender for the theft conviction and twelve
years as a career offender for the felony evading arrest conviction, the
sentences to be served consecutively. On appeal, he presents the following
claims: (1) the evidence was insufficient to support his convictions for theft
over $10,000 and felony evading arrest; (2) the trial court erred in excluding
his exculpatory statement, denying his request for a mistrial, and failing to
instruct the jury on the lesser-included offenses of unauthorized use of a
vehicle and reckless driving. Following our review, we conclude that the trial
court, in its instructions as to theft over $10,000, should have instructed the
jury as to the Class A misdemeanor, unauthorized use of a motor vehicle.
Accordingly, we reverse the conviction for theft over $10,000 and remand for a
new trial. The conviction for felony evading arrest with risk of death or
injury is affirmed.
David McClure vs
State - M2001-02907-CCA-R3-PC View
Davidson
County - The Petitioner, David Lynn McClure, was indicted on March 28,
1994 for one count aggravated sexual battery and two counts of rape of a child.
He was convicted by a jury of aggravated sexual battery, rape of a child and
attempt to commit the rape of a child. He received an effective sentence of 30
years as a Range I offender. The petitioner appealed his convictions and
sentence, and they were affirmed. See State v. David Lynn McClure, No.
01C01-9505-CR-00145, 1997 WL 211254 (Tenn. Crim. App at Nashville, Apr. 30,
1997). The petitioner filed a pro se petition for post-conviction relief on
October 14, 1999. Following an evidentiary hearing counsel was appointed and an
amended petition was filed. This petition was denied on October 31, 2001. The
petitioner then filed a notice of appeal on November 15, 2001. In this appeal
the petitioner raises the issue of whether the post-conviction court correctly
dismissed his petition for post-conviction relief concluding that he received
effective assistance of counsel. After a review of the record we find that
petitioner has failed to carry his burden of showing that the evidence
preponderates against the findings of the post-conviction court. Accordingly,
the judgment of the lower court is affirmed.
Richard Norton vs. State - M2002-00789-CCA-R3-CO
View
Davidson
County - The petitioner, Richard Lynn Norton, was convicted in 1989 of
aggravated assault and assault. He received an effective sentence of ten years
incarceration in the Tennessee Department of Correction. Subsequently, the
petitioner filed for habeas corpus relief, contending that the indictment
charging him with aggravated assault was defective and therefore his conviction
for aggravated assault is void. The trial court denied the petition for habeas
corpus relief and the petitioner appealed to this court. Upon review of the
record and the parties' briefs, we affirm the judgment of the trial court.
State vs. Marian Esther Cox -
E2002-01177-CCA-R3-CD View
Bledsoe County -
The Defendant entered a "best interest" guilty plea to arson, a Class C felony.
Following a sentencing hearing, the trial court sentenced the Defendant to a
split confinement sentence of four years, with one year to be served in the
Bledsoe County jail and the remainder to be served on probation. The Defendant
now challenges the propriety of the sentence. We affirm the judgment of the
trial court.
State vs. Christina Jones -
M2002-02428-CCA-R3-CD View
State vs. Christina Jones - M2002-02428-CCA-R3-CD
(Dissent) View
Williamson
County - Defendant, Christina B. Jones, pled guilty to the offense of
theft of property over $1,000, a Class D felony. Pursuant to a negotiated plea
agreement, Defendant received a sentence of two years with the manner of
service to be determined by the trial court. Following a sentencing hearing,
the trial court ordered Defendant to serve ninety days in confinement and four
years on probation. The trial court also ordered Defendant to complete her GED,
obtain full-time employment, and pay restitution in the amount of $1,750 to be
paid at the rate of fifty dollars per month. In this appeal, Defendant argues
that the trial court erred by denying her request for alternative sentencing
and by imposing the same sentence that her co-defendant received. After a
careful review of the record, we affirm the judgment of the trial court.
Cases posted the week of 06/16/2003
State vs. Robert Clark -
W2002-00940-CCA-R3-CD View
Shelby County
- Following a jury trial, the defendant, Robert Clark, was convicted of second
degree murder, a Class A felony, and sentenced to twenty-four years to be
served at 100% as a violent offender. On appeal, he argues that the evidence
was insufficient to support his conviction and that the trial court improperly
instructed the jury regarding the definitions of the mental states pertaining
to second degree murder. Following our review, we affirm the judgment of the
trial court.
State vs. Susan McDaniel -
E2002-02469-CCA-R3-CD View
State vs. Susan McDaniel - E2002-02469-CCA-R3-CD
(Concur) View
Cumberland
County - In this direct appeal, the defendant argues the evidence was
insufficient to support the jury's verdict convicting her of theft over $1,000.
We affirm the judgment of the trial court.
State vs. Derek Whytsell - E2002-00345-CCA-R3-CD
View
A Hamilton
County jury convicted the Defendant of DUI and imposed a $500 fine.
The trial court sentenced the Defendant to eleven months and twenty-nine days
in the penal farm, which was suspended after service of forty-eight hours. The
trial court further ordered the Defendant to perform fifty days of community
service, imposed a fine of $510, revoked his license for a year, and required
him to attend DUI school. The Defendant now appeals, arguing that the trial
court abused its discretion in sentencing him. After a careful review of the
record, we affirm the judgment of the trial court.
State vs. Susan Woolum - E2002-01793-CCA-R3-CD
View
Knox County
- The appellant, Susan Woolum, pled guilty to one count of theft of property
valued at over $500 and less than $1,000 and five counts of theft of property
valued at $500 or less. The offenses are classified as one Class E felony and
five Class A misdemeanors in violation of Tenn. Code Ann. §39-14-103. The
appellant received a Range I sentence of two years in the Tennessee Department
of Correction and five 11-month-and-29-day sentences to be served at 75%. All
sentences were to be served concurrently. A sentencing hearing was held on July
19, 2002 and the trial court directed that appellant serve a sentence of split
confinement with six months in the Knox County Penal Farm and 18 months on
State probation for her felony conviction, and a sentence of 11 months and 29
days on full probation for her misdemeanor convictions. In this direct appeal
the appellant raises the issue of whether the trial court's refusal to grant
full probation was supported by the record. After a review of this case, we
find that the trial court was correct in denying full probation and therefore
we affirm the judgment of the trial court.
State vs. Ricky Brigman - M2002-00461-CCA-R3-CD
View
Davidson
County - The Appellant, Ricky Lamont Brigman, was convicted by a
Davidson County jury of three counts of rape of a child, one count of attempted
rape of a child, two counts of aggravated sexual battery, three counts of rape,
one count of attempted rape, one count of sexual battery, one count of
attempted sexual battery, and one count of sexual exploitation involving six
minor male victims. For these convictions, he received an effective sentence of
ninety-one years. On appeal, Brigman challenges both his convictions and
sentences upon the following grounds: (1) with respect to certain convictions,
a material variance exists between the indictments and the convicting evidence;
(2) the "cancellation" rule requires dismissal of his conviction for sexual
battery; (3) the trial court provided improper jury instructions with regard to
the "cancellation" rule and the requisite mental states; (4) the sentences are
excessive due to the trial court's failure to apply mitigating factors at
sentencing; and (5) the improper imposition of consecutive sentences. After
review, we find no reversible error and affirm the judgment of the trial court.
State vs. James Peden -
M2002-00269-CCA-R3-CD View
Lincoln County -
The defendant, James Edward Peden, appeals his Lincoln County Circuit Court
jury conviction of failure to appear, a Class E felony. He challenges the
sufficiency of the convicting evidence and the trial court's ruling that
allowed evidence of certain prior convictions to impeach his testimony. Finding
no reversible error, we affirm.
State v.
Patty Grissom - M2002-00279-CCA-R3-CD View
Warren
County - The appellant, Patty Francine Grissom, was convicted of the
simple possession of a Schedule II controlled substance and she received a
probationary sentence of eleven months and twenty-nine days. Subsequently, the
trial court revoked the appellant's probation upon finding that she had
possessed drugs and drug paraphernalia while on probation. On appeal, the
appellant raises several issues concerning her probation revocation. Upon
reviewing the record and the parties' briefs, we affirm the judgment of the
trial court.
State vs. Jonathan Dean -
W2002-02422-CCA-R3-CD View
Obion County
trial court convicted the defendant, Jonathan Dean, of sexual battery and
sentenced him to two years in the Department of Correction. On appeal, the
defendant contends (1) the evidence was insufficient to support his conviction,
and (2) his sentence is excessive. Upon review of the record and the applicable
law, we affirm the judgment of the trial court.
State vs. Thomas Jackson - W2002-01631-CCA-R3-CD
View
A Lauderdale
County Jury convicted the Appellant, Thomas L. Jackson, of possession
of contraband in a penal institution, a class C felony. On appeal, Jackson
argues that the evidence was insufficient to support his conviction. After
review, we conclude that the proof is sufficient to establish that Jackson
knowingly possessed the marijuana found in his cell. Accordingly, the judgment
of conviction is affirmed.
State vs. Joyce
Lindsey - W2002-01967-CCA-R3-PC View
Shelby County
- The petitioner was originally convicted of second degree murder, aggravated
kidnapping, forgery, and theft and received an effective thirty-three-year
sentence. In this appeal from the denial of post-conviction relief, the
petitioner argues the post-conviction court erred in finding she failed to
establish ineffective assistance of counsel. We affirm the judgment of the
post-conviction court.
State vs. Alphonzo
Chalmers - W2002-02270-CCA-R3-PC View
Shelby County
- The Appellant, Alphonzo Chalmers, appeals the Shelby County Criminal Court's
denial of his petition for post-conviction relief. On appeal, Chalmers argues
that he received ineffective assistance of counsel. After review of the record,
we find that Chalmers' brief fails to provide any argument in support of the
issue presented. Due to his procedural default, the appeal is dismissed.
State vs. Delbert Orey -
W2002-00482-CCA-R3-CD View
Carroll
County - The defendant, Delbert Eugene Orey, was convicted of DUI,
third offense, and driving while license suspended, fifth offense, and was
sentenced, respectively, to eleven months and twenty-nine days, with all but
180 days suspended, and six months, with all but forty-five days suspended, the
sentences to be served concurrently. On appeal, he argues that the evidence was
insufficient to support his conviction for DUI, third offense, and that his
sentence is excessive. Following our review, we affirm the judgments of the
trial court.
State vs. David Eads -
W2002-02814-CCA-R3-CD View
McNairy County -
The Appellant, David S. Eads, pled guilty to possession of marijuana with
intent to deliver and possession of drug paraphernalia. As a condition of the
plea agreement, Eads reserved the right to appeal, as a certified question of
law, the trial court's denial of his motion to suppress. See Tenn. R. App. P.
3(b); Tenn. R. Crim. P. 37(b). On appeal, he asserts that the search warrant
was invalid because: (1) the facts alleged in the affidavit supporting the
search warrant were insufficient to support a finding of probable cause, and
(2) the warrant was based on information obtained from an illegal warrantless
search by a confidential informant. Finding that the issues presented are
without merit, we affirm the trial court's denial of the motion to suppress.
Cases posted the week of 06/09/2003
State vs. George C. Peery, III -
E2002-01682-CCA-R3-CD View
Sullivan County
- Defendant, George C. Peery, III, appeals his sentence of split confinement
imposed upon his plea of guilt to aggravated burglary, a Class C felony, and
theft under $500, a Class A misdemeanor. In his appeal, Defendant requests full
probation and challenges the imposition of a one-year period of confinement
followed by two years probation in the community corrections program for his
felony conviction. Defendant does not challenge his misdemeanor sentence. We
affirm the trial court's denial of full probation but reverse the one-year
period of confinement and remand for modification of the judgment to reflect a
period of confinement of 10.8 months to be served in the local jail or
workhouse. In addition, because there is a conflict between the transcript and
the judgment, we remand this case for correction of the judgment.
Ricky Brown vs. State - M2002-02427-CCA-R3-PC
View
Ricky Brown vs. State - M2002-02427-CCA-R3-PC
(Concur) View
Davidson County -
The petitioner, Ricky Flamingo Brown, Sr., was convicted in 1987 of the
aggravated rape of his daughter. He later sought direct and delayed appeals,
both of which were denied by this court and the Tennessee Supreme Court.
Subsequently, he filed a petition pursuant to Tennessee Code Annotated section
40-30-403, which allows a defendant to petition the court for DNA analysis of
evidence in possession of the State. The State responded to the petition by
stating that evidence suitable for DNA testing was never collected and did not
exist. The post-conviction court dismissed the petition and, following our
review, we affirm that dismissal.
State vs.
Aaron Stenberg - M2002-01096-CCA-R3-CD View
Maury County
- The trial court sentenced the defendant to an effective term of six years
with 120 days incarceration followed by probation as a result of the
defendant's guilty pleas to three counts of vandalism over $10,000, one count
of vandalism over $1,000, one count of vandalism over $500, and one count of
vandalism under $500. In this appeal, the defendant argues: (1) his sentence is
excessive; (2) the trial court erred in denying him full probation; and (3) the
trial court erred in denying judicial diversion. We remand for correction of
clerical errors in some of the judgments but otherwise affirm the judgments of
the trial court.
State vs. Jerry Yancy -
M2002-01640-CCA-R3-CD View
Williamson
County - On April 12, 1999, the Williamson County Grand Jury returned
a five-count indictment charging Defendant, Jerry W. Yancy, Jr., with two
counts of aggravated assault and three counts of felony reckless endangerment.
The district attorney general denied Defendant's request for pretrial
diversion. In a writ of certiorari, Defendant asked the trial court to review
the district attorney general's denial of pretrial diversion. Following a
hearing, the trial court denied certiorari. The trial court also denied
Defendant's motion to file an interlocutory appeal pursuant to Rule 9, Tenn. R.
App. P. Defendant applied for an extraordinary appeal pursuant to Rule 10,
Tenn. R. App. P., which this Court denied. Defendant entered guilty pleas to
two counts of felony reckless endangerment and was convicted by a jury of two
counts of aggravated assault. He was acquitted on the remaining count of felony
reckless endangerment. The trial court sentenced Defendant to serve sixty days
in confinement and four years on probation. On direct appeal, this Court
affirmed the trial court's judgments. The Tennessee Supreme Court granted
permission to appeal and held that this Court erred by looking to the entire
record in deciding whether the denial of pretrial diversion was proper. State
v. Yancey, 69 S.W.3d 553 (Tenn. 2002). The supreme court remanded the case back
to the trial court for application of the proper standard of review. Id. On
remand from the supreme court, the trial court entered an order affirming the
denial of pretrial diversion. Defendant appeals that decision.
State vs. Tiffany Oates - M2002-01873-CCA-R3-CD
View
Davidson
County - The defendant pled guilty to aggravated burglary, a Class C
felony, in exchange for a six-year, one-month sentence as a Range I, standard
offender, with the manner of service to be left to the trial court's later
determination. Following the sentencing hearing, the trial court ordered that
the defendant serve her sentence in continuous confinement. The defendant
appeals, arguing that the record does not support a sentence of full
confinement and that the trial court erred in denying her request for probation
or other alternative sentencing. Finding no error, we affirm the judgment of
the trial court.
Clinton Lynch vs. State
- M2002-02801-CCA-R3-PC View
Davidson
County - The petitioner, Clinton Wayne Lynch, appeals from the order
of the trial court denying his petition requesting forensic DNA analysis of
evidence related to the investigation and prosecution which resulted in the
petitioner's conviction for second degree murder entered upon his plea of
guilty in 1986. We affirm the judgment of the trial court.
State vs. Giesela Robinson - M2002-00548-CCA-R3-CD
View
Putnam
County - The Defendant pled guilty to one count of facilitation of the
possession of over .5 grams of cocaine with the intent to sell or deliver, a
Class C felony. In accordance with her plea agreement, she was sentenced to a
term of six years, with the manner of service of the sentence to be determined
by the trial court. After a sentencing hearing, the trial court ordered her
sentence to be served in the Department of Correction. In this appeal, the
Defendant argues that the trial court erred by not granting her probation or
some other form of alternative sentence. We affirm the judgment of the trial
court.
State vs. Abel Torres -
M2001-01412-CCA-R3-CD View
Warren County -
The defendant, Abel Caberra Torres, was convicted of attempted especially
aggravated robbery, two counts of attempted second degree murder, aggravated
assault, and attempted aggravated assault. The trial court merged the last two
offenses into the attempted second degree murder convictions and ordered
consecutive sentences of twelve years for each offense, for an effective
sentence of thirty-six years. In this appeal of right, the defendant asserts
(1) that the evidence was not sufficient; (2) that the trial court erred by
failing to suppress his statements to police; (3) that the trial court erred in
its instructions to the jury; and (4) that the sentence was excessive. The
judgments of conviction are affirmed. Because of the misapplication of
enhancement factors, each of the sentences are modified to ten years. The cause
is remanded to the trial court for further findings on the consecutive
sentencing issue.
State vs. Howard
Lightsey - M2001-01042-CCA-R3-CD View
Williamson County - The appellant, Howard Keith Lightsey, was
indicted by the Williamson County Grand Jury, on one count of possession of
cocaine with intent to sell or deliver, one count of possession of marijuana,
and one count of drug paraphernalia. The appellant entered a plea agreement and
pled guilty to one count of simple possession of cocaine, one count of
possession of marijuana and one count of possession of drug paraphernalia.
Following a sentencing hearing on February 19, 2002, the trial court ordered
another sentencing hearing for April 19, 2002. At that sentencing hearing the
court sentenced the appellant to eleven months twenty-nine days on each count.
This sentence was suspended except for twenty days and an aggregate fine of
$1,150. The appellant now brings this appeal claiming that the trial erred in
denying him full probation. We find the judgment of the trial court should be
affirmed.
State vs. Raymond Writer -
E2001-01062-CCA-R3-CD View
State vs. Raymond Writer - E2001-01062-CCA-R3-CD
(Concur) View
Sullivan
County - A Sullivan County jury convicted the defendant, Raymond Writer, of
rape of a child. The trial court accordingly sentenced the defendant to serve
twenty-five years for this conviction at 100%, as mandated by statute. The
defendant now brings this direct appeal of his conviction, challenging (1) the
trial court's decision to allow the prosecution to impeach defense witness Gwen
Bunnell, (2) the trial court's decision to allow the testimony of two
physicians who repeated the victim's statements identifying the defendant as
the perpetrator, (3) the trial court's decision to allow the prosecution to
introduce the rebuttal testimony of Amy Harris, and (4) the cumulative effect
of these testimonies as unduly prejudicial. For the following reasons, we find
that none of his allegations merit relief.
John Wilcox vs. State - E2002-01600-CCA-R3-PC
View
McMinn
County - The petitioner appeals the denial of his petition for
post-conviction relief. The petitioner contends that he received ineffective
assistance of counsel and that the State engaged in a vindictive prosecution
and failed to perform testing on evidence which would have supported his claim
of self-defense. We conclude that the evidence does not preponderate against
the findings of the post-conviction court. We affirm the post-conviction
court's denial of post-conviction relief.
State
vs. Robert Fox - E2002-01585-CCA-R3-CD View
Hamilton County -
The Appellant, Robert Lee Fox, appeals the sentencing decision of the Hamilton
County Criminal Court. Fox entered a Tennessee Rule of Criminal Procedure
11(e)(1)(B) "open" plea to conspiracy to commit first degree murder and was
sentenced to twenty-two years in the Department of Correction. On appeal, Fox
argues that the sentence is improper because (1) it is disparate to the
sentence received by his co-defendant and (2) four enhancement factors were
erroneously applied. After review, we find no error and affirm the decision of
the trial court.
State vs. Tracy Goodwin AKA
Lawanda Carter - E2001-01978-CCA-R3-CD View
A Hamilton
County Criminal Court jury convicted the defendant, Tracy Larenzo
Goodwin, of two counts of reckless aggravated assault, a Class D felony; one
count of reckless endangerment, a Class E felony; and one count of criminally
negligent homicide, a Class E felony. The trial court sentenced him as a Range
III, persistent offender to concurrent sentences of twelve years in the
Department of Correction (DOC) for the reckless aggravated assault convictions.
For the reckless endangerment and criminally negligent homicide convictions,
the defendant received six-year sentences to be served concurrently to each
other but consecutively to the reckless aggravated assault sentences for an
effective sentence of eighteen years. The defendant appeals, claiming (1) that
the evidence is insufficient to support the convictions; (2) that the trial
court erred by denying his motion to sever the aggravated assault offenses from
the reckless endangerment and criminally negligent homicide offenses; (3) that
his convictions for reckless endangerment and criminally negligent homicide
violate protections against double jeopardy; and (4) that his sentences are
excessive. We affirm the judgments of the trial court.
State vs. Randall Myers - E2002-02198-CCA-R3-CD
View
Blount County
- The Appellant, Randall A. Myers, appeals the revocation of his community
correction sentences by the Blount County Circuit Court. Myers pled guilty to
seven counts of deceptive business practices and eight counts of theft, and he
received an effective four-year sentence. As a result of these convictions, he
was placed on intensive probation but, following violations of his release, he
was re-sentenced to community corrections. Myers then proceeded to violate his
community corrections agreement, and the trial court ordered him to serve the
remainder of his sentences in the Department of Correction. On appeal, Myers
asserts that the evidence was insufficient to establish that the violations
occurred. After review of the record before us, we find no error. Accordingly,
the judgment is affirmed.
Cases posted the week of 06/02/2003
State vs. Henry Daniels -
W2002-00193-CCA-R3-CD View
Shelby
County - The defendant was convicted by a Shelby County Criminal Court
jury of aggravated burglary, a Class C felony, and aggravated rape, a Class A
felony. He was sentenced by the trial court as a career offender to fifteen
years for the aggravated burglary conviction and as a violent offender to forty
years for the aggravated rape conviction, with the sentences to be served
consecutively, for an effective sentence of fifty-five years in the Department
of Correction. On appeal, he raises the sole issue of whether the trial court
committed reversible error by denying his request to represent himself at
trial. Following our review, we affirm the judgments of the trial court but
remand for entry of a corrected judgment as to the aggravated burglary
conviction to reflect the defendant's conviction offense which was omitted from
the judgment form.
State vs. Oscar
Reynolds - W2002-01201-CCA-R3-CD View
Shelby
County - The defendant was found guilty of robbery. His sole issue on
appeal is whether the trial court erred in refusing to instruct the jury on the
lesser included offense of theft. Theft is a lesser included offense of
robbery. However, we conclude the failure to instruct the jury was harmless
beyond a reasonable doubt. We affirm the judgment of the trial court.
State vs. Cortland Cates -
E2002-02249-CCA-R3-CD View
Knox County -
The defendant, Cortland Keshira Cates, pled guilty to two counts of rape. The
trial court sentenced him to eight years' incarceration for each count, to be
served concurrently. On appeal, the defendant contends the trial court erred in
denying probation. We affirm the judgments of the trial court.
State vs. Brigitte Pauli - M2002-01607-CCA-R3-CD
View
A Williamson
County jury convicted the defendant, Brigitte Pauli, of three counts
of theft of property over $60,000, one count of theft of property over $1,000,
and one count of forgery. The trial court imposed an effective sentence of ten
years and ordered the defendant to pay $4,458,203 as restitution. In this
appeal, the defendant contends (1) the evidence was insufficient to support her
convictions; (2) the trial court erred in prohibiting the defendant from
questioning a witness regarding an alleged prior bad act by another witness;
(3) the trial court erred in admitting evidence of the values and costs of
producing various products; (4) the state made an untimely and improper
election of offenses; (5) the trial court erred in allowing the state to
present the testimony of a rebuttal witness; (6) the trial court erred in
instructing the jury on flight; and (7) the trial court erred in sentencing the
defendant. Upon our review, we merge the three counts of theft over $60,000
into one conviction and remand for a redetermination of restitution. Otherwise,
we affirm the judgments of the trial court.
State vs. Walter Rainey - M2001-01870-CCA-R3-CD
View
Wayne
County - The appellant, Walter Clyde Rainey, Jr., was convicted by a
jury in the Wayne County Circuit Court of seven counts of sexual battery by an
authority figure and seven counts of statutory rape. The trial court sentenced
the appellant to a total effective sentence of four years incarceration in the
Tennessee Department of Correction. On appeal, the appellant raises the
following issues for our review: (1) whether the evidence was sufficient to
sustain his convictions; (2) whether the trial court erred by consolidating the
offenses for trial; (3) whether the trial court erred in its ruling regarding
the admissibility of the testimony of prosecution witness Tabitha Smith; (4)
whether the prosecution's closing argument was improper; and (5) whether the
trial court erred in sentencing the appellant. Upon review of the record and
the parties' briefs, we affirm the judgments of the trial court.
State vs. Phillip Morales - E2001-01768-CCA-R3-CD
View
A Blount
County grand jury indicted the defendant on one count of simple
possession or casual exchange of Lorazepam, a schedule IV controlled substance,
and on one count of possession with intent to sell or deliver an E felony
amount of marijuana, a schedule VI controlled substance. After unsuccessfully
seeking suppression of the items seized in the search involved in this case,
the defendant waived his right to a trial by jury. At the conclusion of a bench
trial, the lower court found the defendant guilty as charged. The trial court
later sentenced the defendant to concurrent terms of eleven months and
twenty-nine days for the simple possession offense and eighteen months for the
possession with intent to sell or deliver offense. Though otherwise placed on
supervised probation, the trial court ordered the defendant to serve sixteen
days of these sentences on eight consecutive weekends. The defendant
subsequently filed a new trial motion alleging that the trial court erred in
not suppressing the aforementioned evidence and that the proof is insufficient
to support the E felony conviction. The trial court denied this motion, and the
defendant appeals the denial to this Court raising the same issues. After a
review of the record and relevant authorities, we find that the defendant's
suppression claim has merit though the sufficiency allegation does not. Because
of our finding regarding the suppression matter, we must reverse and remand the
defendant's convictions.
State vs. John
Cooke III - W2002-00476-CCA-R3-PC View
Madison
County - The petitioner appeals the dismissal of his petition for
post-conviction relief, arguing that the post-conviction court erred in finding
he received the effective assistance of counsel. Based on our review, we affirm
the order of the post-conviction court dismissing the petition.
State
vs. Mark Perry - W2002-0126-CCA-R3-CD View
Shelby
County - The defendant appeals the jury's verdict convicting him of
premeditated first degree murder for which he received a life sentence. He
contends there was insufficient evidence to establish he acted with
premeditation. We affirm the judgment of the trial court.
State vs. Betsy Speer - W2001-02212-CCA-R3-CD
View
Shelby
County - The appellant, Betsy F. Speer, was convicted by a jury in the
Shelby County Criminal Court of driving under the influence. The appellant
subsequently acknowledged that she was guilty of driving under the influence,
second offense. The trial court sentenced the appellant to the mandatory
forty-five days in jail, followed by a probationary period of ten months and
fourteen days. The trial court also revoked the appellant's driver's license
for a period of two years and imposed a seven hundred fifty dollar ($750) fine.
On appeal, the appellant contends that the State failed to comply with her Rule
16 motion for discovery. Upon review of the record and the parties' briefs, we
affirm the judgment of the trial court.
State
vs. Jamie H. Jones - M2002-00055-CCA-R3-CD View
Davidson
County - The appellant, Jamie H. Jones, was convicted by a jury in the
Davidson County Criminal Court of five counts of forgery and received a total
effective sentence of eight years incarceration in the Tennessee Department of
Correction. On appeal, the appellant raises several issues for our review,
including the sufficiency of the evidence, the correctness of the trial court's
rulings, the propriety of the sentences imposed, and the denial of the
appellant's motion for new trial. Upon review of the record and the parties'
briefs, we affirm the judgments of the trial court.
Nora Faye Young vs. State - M2002-00804-CCA-R3-PC
View
Davidson
County - The petitioner appeals after being denied post-conviction
relief. She originally pled guilty to three counts of facilitation of first
degree murder and received a forty-five-year sentence. She alleges that her
guilty plea was not knowingly, voluntarily, or intelligently entered. She
further alleges that her trial counsel knew that her co-defendant made
exonerating statements, and she would not have pled guilty if she had known of
her co-defendant's exonerating statements. After careful review, we conclude
that the evidence does not preponderate against the post-conviction court's
findings. We affirm the judgment of the post-conviction court.
State vs. Debra Foster - E2002-01825-CCA-R3-CD
View
Sullivan
County - The appellant, Debra Foster, pled guilty to seven counts of
attempt to obtain possession of a controlled substance by fraud, Class D
felonies. She received an effective sentence of eight years as a Range II,
multiple offender. The trial court denied alternative sentencing and the
appellant timely appealed. Upon review of the record and the parties' briefs,
we affirm the judgment of the trial court.
State vs. Dexter Spence - E2002-02193-CCA-R3-CD
View
Sevier
County - The defendant, Dexter Lee Spence, entered a guilty plea to
second degree murder. The trial court imposed a twenty-five-year sentence. In
this appeal of right, the defendant argues that the sentence was excessive. The
judgment of the trial court is affirmed.
State vs. Robin Conner - E2002-01075-CCA-R3-CD
View
Blount
County - The defendant, Robin A. Conner, pled guilty to robbery, and
the Blount County trial court sentenced her to three years' incarceration as a
Range I standard offender. The defendant appeals the trial court's denial of
alternative sentencing. Upon review of the record and the applicable law, we
reverse the judgment of the trial court.
State vs. Christopher White - E2002-00716-CCA-R3-CD
View
Blount
County - The defendant, Christopher Alan White, appeals as of right
his conviction by a Blount County Circuit Court jury for aggravated assault and
the resulting ten-year sentence as a Range II, multiple offender. He contends
that (1) the evidence is insufficient to support his conviction, (2)
prosecutorial misconduct during closing argument required a mistrial, and (3)
his sentence is excessive. We affirm the trial court's judgment of conviction.
Jeffrey Whitaker vs. State -
E2001-02399-CCA-R3-PC View
Roane County -
Aggrieved that the lower court denied post-conviction relief following an
evidentiary hearing, the petitioner, Jeffrey Whitaker, appeals and claims that
his convictions resulted from the ineffective assistance of counsel and
involuntary guilty pleas. We affirm the denial of post-conviction relief.
Chesley Thompson vs. State -
E2002-00580-CCA-R3-PC View
Blount
County - The petitioner, Chesley Randell Thompson, appeals the trial
court's denial of his petition for post-conviction relief, claiming that he
received the ineffective assistance of counsel before and during trial. We hold
that this case is not properly before us because the petitioner failed to file
his petition for post-conviction relief within the one-year statute of
limitations provided in Tenn. Code Ann. § 40-30-202(a). Thus, we dismiss
the appeal because of the lack of jurisdiction.
State vs. Romey Stone - E2002-02570-CCA-R3-CD
View
Grainger
County - The Appellant, Romey Stone, appeals the decision of the
Grainger County Circuit Court revoking his placement in the community
corrections program and ordering service of his original sentences in the
Department of Correction. On appeal, Stone argues that: (1) the trial court
abused its discretion by relying on unreliable evidence in revoking his
community corrections sentences, and (2) he was denied due process based upon
the lack of a "neutral and detached" fact-finder. After review, the judgment of
the trial court is affirmed.
State vs. Debiasi
King - E2002-00634-CCA-R3-CD View
Hamilton County
- The defendant was convicted by a jury of second degree murder and was
sentenced to twenty-two years in the Tennessee Department of Correction. The
defendant brings this appeal and contends the following: (1) The participation
of a special prosecutor, hired by the victim's family, is a violation of the
defendant's constitutional rights; (2) The trial court erroneously denied
defense counsel the opportunity to cross-examine the driver of the vehicle
containing the victim, Fernando Hawkins; (3) The trial court failed to give a
curative instruction after Detective Hawkins stated that he obtained a warrant
for first degree murder of the defendant; (4) The trial court failed to charge
the jury on the lesser included offense of facilitation of second degree
murder; and (5) The trial court erroneously sentenced the defendant to
twenty-two years in the Tennessee Department of Correction. We conclude the
trial court did not err and affirm the judgments of the trial court.
State vs. Michael Bates - M2002-01803-CCA-R3-CD
View
Hickman
County - The defendant, Michael R. Bates, was charged with aggravated
assault, reckless endangerment, and vandalism over $1000. After a bench trial,
he was found not guilty by reason of insanity. See Tenn. Code Ann. §
33-7-303. Subsequently, the trial court ordered the defendant to participate in
a mandatory outpatient treatment program. Some four years later, the defendant
filed a motion to be released from the treatment program based upon the state's
failure to seek renewal of his obligation pursuant to Tennessee Code Annotated
section 33-6-621. The trial court denied the motion, concluding that section
33-6-621 was not applicable and that the defendant had to remain in the
treatment program until released by the court. In this appeal, the defendant
asserts that the trial court erred by determining that Tennessee Code Annotated
section 33-7-303 rather than section 33-6-621 was the controlling statute and,
in the alternative, if section 33-7-303 is the controlling statute, then that
statute is unconstitutional as applied to his case. The judgment is affirmed.
State vs. Theron Davis -
W2002-00446-CCA-R3-CD View
Shelby County
- The defendant was convicted by a Shelby County Criminal Court jury of
especially aggravated robbery and criminal attempt to commit second degree
murder for his role with a codefendant in robbing and shooting the owner of a
Memphis jewelry store. He was sentenced by the trial court to consecutive terms
of twenty-three years at 100% for the especially aggravated robbery conviction
and twelve years at 30% for the attempted second degree murder conviction. In a
timely appeal to this court, the defendant raises the following four issues:
(1) whether the trial court erred by overruling his motion to suppress the
victim's identification testimony; (2) whether the trial court erred by denying
his request for a special jury instruction; (3) whether the trial court
committed plain error in its instruction of the definition of "knowingly"; and
(4) whether the trial court erred by ordering consecutive sentencing. Based on
our review of the record and applicable law, we affirm the judgments of the
trial court.
State vs. Robert Haynes -
W2002-02006-CCA-R3-CD View
Madison County
- In this direct appeal, the defendant argues the trial court erred in revoking
his probation and requiring him to serve his four-year sentence in the
Department of Correction. We affirm the judgment of the trial court.
State vs. Fredrick Robinson - W2002-00601-CCA-R3-CD
View
Shelby
County - The defendant was convicted by a Shelby County Criminal Court
jury of aggravated burglary, a Class C felony, and sentenced by the trial court
as a Range III, persistent offender to fifteen years in the Department of
Correction. In this appeal as of right, he raises two issues: whether the
evidence was sufficient to support his conviction and whether the trial court
committed reversible error by failing to instruct the jury on the
lesser-included offense of facilitation. Following our review, we affirm the
judgment of the trial court.
State vs. Charles
Cole - W2002-01907-CCA-R3-PC View
Madison County
- Petitioner, Charles Roy Cole, filed a petition for post-conviction relief in
the Circuit Court of Madison County. Following an evidentiary hearing, the
trial court dismissed the petition. We affirm the judgment of the trial court.
State vs. Jamie Haneline -
W2002-01773-CCA-R3-CD View
Decatur
County - The Defendant, Jamie Lou Haneline, was convicted by a jury of
one count of rape of a child. Following a sentencing hearing, he was sentenced
to thirty-eight years in the Department of Correction. In this direct appeal,
the Defendant raises three issues: (1) whether the evidence is sufficient to
support his conviction; (2) whether the trial court erred by admitting the
testimony of a police officer regarding a statement made by the Defendant; and
(3) whether the trial court erred by enhancing the Defendant's sentence based
upon the offense having been committed to gratify the Defendant's desire for
pleasure or excitement. Finding no reversible error, we affirm the judgment of
the trial court.
State vs. Clorie
Jackson - W2002-02148-CCA-R3-CD View
Madison
County - The Defendant, Clorie L. Jackson, was convicted by a jury of
forgery and money laundering. The trial court subsequently merged the forgery
conviction into the money laundering conviction, and sentenced the Defendant to
nineteen years in the Department of Correction. In this direct appeal, the
Defendant challenges the sufficiency of the evidence in support of the money
laundering conviction, as well as the trial court's jury instructions on that
offense. Because we find the evidence insufficient to support the money
laundering conviction, we reverse that conviction and dismiss the charge. The
conviction for forgery is reinstated. The case is remanded to the trial court
for sentencing on the forgery conviction.
State vs. Bobby Blackmon - M2002-00612-CCA-R3-CO
View
Sumner
County - The appellant, Bobby Blackmon, appeals from the lower court's
denial of his motion to modify and correct an illegal sentence or in the
alternative petition for the writ of habeas corpus. Finding no error in the
summary dismissal of the appellant's motion or petition, the judgment of the
lower court is affirmed.
State vs. Alvin
Carroll - M2002-01012-CCA-R3-CD View
Lewis County -
After being indicted for the sale of a controlled substance, the defendant
filed an Affidavit of Indigency to obtain a court-appointed lawyer. The State
dismissed the drug charges against the defendant and later charged the
defendant with aggravated perjury, a Class D felony, regarding his answers to
the trial court considering his request for a court-appointed lawyer. He was
found guilty and sentenced as a Range I standard offender to two years in the
Tennessee Department of Correction, with 180 days to serve and the balance on
supervised probation. In this appeal, the defendant presents the following
issues for review: (1) the evidence was insufficient to support the jury
verdict; (2) the trial court erred in requiring the defendant to go to trial
without an attorney; and (3) the trial court erred in sentencing the defendant.
This is a case of first impression in Tennessee regarding an aggravated perjury
conviction for making false statements to the trial court when requesting a
court-appointed lawyer. We conclude the evidence is sufficient to sustain a
conviction of aggravated perjury. We conclude the trial court did not err in
requiring the defendant to go to trial without an attorney.
State vs. Brandon Crabtree - M2002-01470-CCA-R3-CD
View
Wilson
County - Following a jury trial, Defendant, Brandon Ronald Crabtree,
was found guilty of (1) selling marijuana, a Schedule VI controlled substance
in an amount of not less than one-half ounce nor more than ten pounds, a Class
E felony, and (2) selling a counterfeit controlled substance, a Class E felony.
After a sentencing hearing, Defendant was sentenced to two years for each
conviction, and the trial court ordered the sentences to be served
consecutively. The trial court also determined at the sentencing hearing that
Defendant was then (or at that time) on probation for a prior conviction and
that Defendant was in violation of that probation. The trial court revoked
Defendant's probation and ordered the original sentence of eighteen months to
run consecutively to the sentences imposed for the two felony convictions for
an effective sentence of five and one-half years. In his appeal, Defendant does
not contest his conviction for selling a Schedule VI controlled substance.
However, Defendant contends that the evidence was insufficient to sustain his
conviction for the sale of a counterfeit controlled substance. Defendant also
challenges the length of his sentences arguing that the trial court failed to
follow the principles of the Tennessee Criminal Sentencing Reform Act of 1989
and failed to properly weigh mitigating and enhancing factors. After a careful
review of the record, we affirm Defendant's conviction for the sale of a
counterfeit controlled substance and affirm the trial court's judgments as to
Defendant's sentences.
William Dixon vs.
State - M2002-01606-CCA-R3-CO View
Dixon County -
The petitioner, William Andrew Dixon, was convicted in 1981 of kidnapping for
ransom and sentenced by the jury to life imprisonment without the possibility
of parole. Subsequently, he filed a petition for writ of habeas corpus, and our
supreme court determined that his sentence was void, remanding for resentencing
and concluding that he should have been sentenced to life with the possibility
of parole. On remand, the trial court sentenced the petitioner to life with
parole, and he appealed the resentencing, arguing that only a jury could impose
the sentence. We conclude that the directive of our supreme court was that the
punishment should be life with the possibility of parole and that the court
could set this punishment. Accordingly, we affirm the judgment of the
post-conviction court.
State vs. Stephen
Massey - M2001-02686-CCA-R3-CD View
Giles County -
The appellant, Stephen Massey, was convicted by a jury in the Giles County
Circuit Court of two counts of selling less than .5 grams of crack cocaine,
Class C felonies, and three counts of selling .5 grams or more of crack
cocaine, Class B felonies. The trial court sentenced the appellant as a Range
II multiple offender to an effective sentence of eighteen years incarceration
in the Tennessee Department of Correction. On appeal, the appellant contends
that (1) the trial court erred in denying the appellant's motion to dismiss on
speedy trial grounds, (2) the trial court erred in denying the appellant's
motion to sever, (3) the trial court erred in allowing the State to exclude two
African-Americans from the jury based on their race, and (4) the sentences
imposed by the trial court were excessive. Upon review of the record and the
parties' briefs, we affirm the judgments of the trial court.
Steve Todd vs. State - M2001-03080-CCA-R3-PC
View
Davidson
County - The petitioner, Steve E. Todd, pled guilty in 1994 to two
counts of rape of a child, receiving concurrent twenty-three-year sentences as
a Range I offender. He filed a post-conviction petition in 1995 alleging, inter
alia, that at the time of his pleas of guilty he had not understood that his
sentences would be served without the possibility of parole. Counsel, appointed
to represent him, filed an amended petition, which the post-conviction court
dismissed following an evidentiary hearing. This court reversed the dismissal
and remanded the matter for additional findings to be made. Following the
remand, the post-conviction court granted the petition, concluding that the
guilty pleas had not been knowing. The State appealed and, following our
review, we reverse the order of the post-conviction court and remand this
matter for another evidentiary hearing.
Cases posted the week of
05/26/2003
State v. Kenneth Stewart
- E2001-02117-CCA-R3-CD View
Hamilton
County -The Defendant, Kenneth Ray Stewart, was convicted by a
Hamilton County jury of one count of attempted sexual battery. The trial court
sentenced the Defendant to eleven months and twenty-nine days in the Hamilton
County Workhouse, suspended the sentence, and ordered that the Defendant serve
the sentence on supervised probation. Conditions of probation included
counseling pursuant to a sex offender clinical evaluation and no contact with
the victim. On appeal, the Defendant presents three issues for our review: (1)
whether the trial court erred by allowing testimony by State witness Virgie
Redden under the excited utterance exception to the hearsay rule; (2) whether
the trial court erred by allowing the State to use leading questions during
direct examination of the victim; and (3) whether the evidence was insufficient
as a matter of law to support the Defendant's conviction for attempted sexual
battery. Finding no reversible error, we affirm the judgment of the trial
court.
State v. Lorenzo Ervin, Damon Mcgee
& Ralph Mitchell - E2001-01147-CCA-R3-CD
View
The Hamilton
County Grand Jury indicted the Defendants, Lorenzo Ervin, Damon
Christian McGee, and Ralph Pedro Mitchell, for disrupting a meeting, a Class B
misdemeanor. The grand jury also indicted Mitchell for resisting arrest. The
Defendants' cases were consolidated for trial. A jury convicted all three
Defendants of disrupting a meeting and convicted Mitchell of resisting arrest.
The Defendants raise the following issues on appeal: (1) whether the trial
court properly rejected the Defendants' claim that the State improperly
discriminated against persons in selecting a jury, (2) whether there was
sufficient evidence presented at trial to convict the Defendants of the charged
offenses, (3) whether Tennessee Code Annotated § 39-17-306, the statute
prohibiting the disruption of a meeting, is constitutional, (4) whether the
trial court erred by instructing the jury regarding knowing or reckless conduct
where the statute did not state a particular mens rea, (5) whether the trial
court properly denied the Defendants' request for a mistrial premised on
revelations that certain jurors had heard about media reports of events at the
courthouse, (6) whether the trial court erred in excluding defense counsel's
question calling for a legal conclusion. Finding no error, we affirm the
judgments of the trial court.
State v. Brandon
Cain - E2002-01196-CCA-R3-CD View
Hamilton County
- The Defendant, Brandon Charles Cain, was convicted by a jury of attempted
first degree murder, a Class A felony. In this direct appeal, the Defendant
raises two evidentiary issues: (1) whether the trial court erred by denying his
motion to suppress statements he gave to law enforcement officers; and (2)
whether the trial court erred by allowing the State to show the jury a
videotape in which the victim's injuries were depicted. We affirm the judgment
of the trial court.
State v. Rita Ellis -
E2002-02433-CCA-R3-CD View
Monroe County -
The Defendant, Rita Ellis, was convicted upon a jury verdict of theft under the
value of five hundred dollars, a Class A misdemeanor. She was sentenced to
eleven months and twenty-nine days in the county jail, but her sentence was
suspended, and she was placed on probation. She was fined two hundred and fifty
dollars. The Defendant presents two issues for review, which she states as
follows: (1) failure of counsel to request recording of proceedings denied
right of effective appeal; and (2) appellant denied ability to properly argue
that verdict was against the weight of the evidence. We affirm the judgment of
the trial court.
Quincy Goodine v.
State - E2002-02819-CCA-R3-PC View
Hamilton
County - In September 1998, the Petitioner pled guilty to attempted
rape, three counts of reckless endangerment, three counts of forgery, and three
counts of theft of property. The trial court sentenced the Petitioner to an
effective sentence of nine years, with eleven months and twenty-nine days of
confinement followed by eight years of probation. The Petitioner served
approximately six months of his sentence in jail and was released on probation.
In December 1999, the trial court revoked the Petitioner's probation on seven
of the ten felony charges based upon the Petitioner's acquisition of new
charges, failure to pay restitution, failure to attend counseling, and
violation of curfew. The Petitioner did not appeal the trial court's revocation
of his probation. In September 2002, the Petitioner filed a petition for
post-conviction relief. The post-conviction court dismissed the petition
without a hearing, and this appeal ensued. Concluding that the Petitioner has
failed to state a proper claim for post-conviction relief and that the
post-conviction petition is barred by the applicable statute of limitations, we
affirm the judgment of the post-conviction court.
State v. Katherine Byrd - E2002-00417-CCA-R3-CD
View
Washington
County - The Defendant, Kathryn L. Byrd, was convicted by a jury of
one count of theft over $1,000. The trial court subsequently sentenced the
Defendant to four years in the Department of Correction, to be served
consecutively to a previous sentence. The Defendant now appeals, contesting the
sufficiency of the evidence; claiming reversible error because the State was
not required to elect the offense for which it was seeking a conviction; and
contesting the trial judge's order of consecutive sentencing. We affirm the
Defendant's conviction. We reverse the imposition of consecutive sentences and
order the Defendant's sentences to run concurrently.
State vs. Carvin Thomas - M2002-01716-CCA-R3-CD
View
State vs. Carvin Thomas - M2002-01716-CCA-R3-CD
(Dissent) View
The Davidson
County Grand Jury returned an eight count indictment against
Defendant, Carvin Lamont Thomas, as follows: count one, especially aggravated
robbery of Darrell Roundtree; count two, aggravated burglary of a habitation;
count three, aggravated burglary of a habitation; count four, especially
aggravated kidnapping of William Swift; count five, especially aggravated
kidnapping of Darrell Roundtree; count six, especially aggravated kidnapping of
Derrick Salter; count seven, unlawful possession of a handgun at a place open
to the public; and count eight, possession with the intent to sell .5 grams or
more of cocaine, a Schedule II controlled substance. At the close of the
State's proof, the trial court dismissed count three, aggravated burglary of a
habitation, and count five, especially aggravated kidnapping of Darrell
Roundtree. Following a jury trial, Defendant was convicted of counts one, two,
four, seven and the lesser included offense of simple possession on count
eight. The trial court declared a mistrial as to count six. After a sentencing
hearing, the trial court sentenced Defendant to ten years for the especially
aggravated robbery conviction, six years for the aggravated burglary
conviction, twenty-four years for the especially aggravated kidnapping
conviction, eleven months and twenty-nine days for the possession of a handgun
conviction, and eleven months and twenty-nine days for simple possession of a
Schedule II controlled substance. The trial court ordered the sentences for
especially aggravated robbery, aggravated burglary and especially aggravated
kidnapping to run consecutively. Defendant's sentences for possession of a
handgun and possession of a controlled substance were ordered to run
concurrently with his other sentences, for an effective sentence of forty
years. In his direct appeal, Defendant challenges only his conviction for
especially aggravated kidnapping alleging that (1) the trial court erred in not
granting Defendant's motion for judgment of acquittal as to the charge of
especially aggravated kidnapping; and (2) Defendant's conviction for especially
aggravated kidnapping violates due process principles as outlined in the
Tennessee Supreme Court's decision in State v. Anthony, 817 S.W.2d 299 (Tenn.
1991). We affirm the judgment of the trial court.
State vs. Brian Webb - E2002-02470-CCA-R3-CD
View
Cocke & Jefferson
Counties - The State appeals the ruling of the Cocke County Circuit
Court amending its judgments pertaining to the sentencing of Defendant, Brian
Webb, pursuant to Rule 36 of the Tennessee Rules of Criminal Procedure. Under
the terms of a plea agreement involving Defendant's four theft convictions in
Cocke and Jefferson counties, the trial court sentenced Defendant on January 8,
2001 to an effective three-year sentence to be served concurrently with
Defendant's federal sentence of twenty-four months arising out of the same
incident. The trial court's judgment was entered on January 30, 2001 following
Defendant's incarceration in federal prison on January 29, 2001. On August 22,
2002, Defendant filed a motion to correct a mistake in the trial court's
judgment. After a brief hearing, the trial court granted Defendant's motion and
ordered that Defendant's state sentences be modified to time served and the
balance served on probation to reflect the trial court's understanding at the
time of sentencing that Defendant's sentences would run "coterminous" rather
than "concurrently" with his federal sentence. The State argues that the record
in this matter does not contain any clerical errors, and the trial court was
without jurisdiction to modify Defendant's sentence. After a careful review of
this matter, we reverse the judgment of the trial court, and this case is
remanded for reinstatement of the judgments of conviction as originally
entered.
Jason Adams vs. State -
E2001-02765-CCA-R3-PC View
Hamilton
County - On January 5, 2001, the petitioner pled guilty to filing a
false police report, aggravated burglary, theft over $1000, vandalism,
carjacking, two counts of especially aggravated kidnapping, and two counts of
aggravated robbery and received a fifteen-year sentence. On February 2, 2001,
he filed a motion to withdraw his guilty pleas, which was determined to be
untimely and was treated as a petition for post-conviction relief. Because of
the subsequent decision of our supreme court in State v. Green, __ S.W.3d __
(Tenn. 2003), we conclude that the petitioner's motion to withdraw his pleas of
guilty was timely and should have proceeded pursuant to Tennessee Rule of
Criminal Procedure 32(f), Withdrawal of Plea of Guilty. We reverse the order of
the post-conviction court and remand for the petitioner's motion to withdraw
his pleas of guilty to be considered as timely.
State vs. Christopher Curry - W2002-01174-CCA-R3-CO
View
Lake County
- The petitioner, Christopher Curry, filed in the Lake County Circuit Court a
pro se petition for writ of habeas corpus, alleging that his confinement was
illegal due to the expiration of his sentence. The habeas corpus court
summarily dismissed the petition and the petitioner appealed. Upon review of
the record and the parties' briefs, we reverse the dismissal of the petition
for habeas corpus relief and remand to the habeas corpus court for the
appointment of counsel and an evidentiary hearing to determine whether the
petitioner's sentence has expired.
State vs.
Terry Vestal - W2002-00381-CCA-R3-PC View
Gibson County
- The petitioner, Terry Lee Vestal, was convicted by a jury in the Gibson
County Circuit Court of rape of a child, a Class A felony. The trial court
sentenced the petitioner as a Range I standard offender to twenty-five years in
the Tennessee Department of Correction. Following an unsuccessful appeal of his
conviction, the petitioner filed a petition for post-conviction relief,
alleging, among other grounds, ineffective assistance of counsel. The
petitioner now brings this appeal challenging the post-conviction court's
denial of his petition for relief. Upon review of the record and the parties'
briefs, we affirm the judgment of the post-conviction court. However, we note
that the judgment of conviction reflects that the petitioner was sentenced as a
Range I standard offender with a release eligibility of thirty percent (30%).
Because a child rapist must serve one hundred percent (100%) of his sentence
with no potential for earning sentence reduction credits, we remand for the
correction of the judgment of conviction. Tenn. Code Ann. §
39-13-523(c)-(d) (1997).
State vs. Jeffery
Alexander - W2002-01722-CCA-R3-CD View
McNairy County
- Convicted of burglary and theft of property valued at more than $1,000 but
less than $10,000, the defendant, Jeffery W. Alexander, claims on appeal that
the convictions are unsupported by sufficient evidence, that the trial court
erred in admitting copies of photographs of the crime scene, and that the trial
court erroneously sentenced him as a career offender. Because our review of the
record, the briefs, and the applicable law exposes no reversible error, we
affirm.
State vs. Clint McCoy -
W2002-01017-CCA-R3-CD View
Henry County -
The Defendant, Clint Ray McCoy, pled guilty to twelve counts of theft: one
Class C felony, nine Class D felonies, one Class E felony, and one Class A
misdemeanor. Sentencing was left to the discretion of the trial court. The
trial court ordered the Defendant to serve an effective sentence of eight
years, with one year to be served in confinement and the balance to be served
in the Community Corrections program. In this direct appeal, the Defendant
argues that the trial court erred by enhancing his sentences and by ordering
him to serve one year in confinement. We affirm the judgment of the trial
court.
State vs. Steve White -
W2000-01148-CCA-R3-CD View
Shelby County
- The defendant, Steve A. White, was convicted by a Shelby County Criminal
Court jury of attempted first degree premeditated murder, a Class A felony;
theft of property valued $10,000 or more but less than $60,000, a Class C
felony; and violating the sales tax law, a Class E felony. The trial court
sentenced the defendant as a Range I, standard offender to an effective
sentence of thirty-one years in the Department of Correction. The defendant
appeals, claiming (1) that the evidence is insufficient; (2) that the trial
court erred by denying his motion for a bill of particulars; (3) that the trial
court erred by denying his motion to exclude evidence; (4) that the trial court
erred by failing to instruct the jury after the prosecution asked a witness an
inappropriate question; (5) that the trial court improperly excluded
impeachment evidence; (6) that the trial court made several errors regarding
the victim's testimony; (7) that the trial court improperly restricted the
defense expert's testimony; and (8) that the trial court improperly allowed the
state to make inappropriate comments during its closing argument. We affirm the
judgments of the trial court.
State vs.
Jeremiah Wiseman - W2002-01674-CCA-R3-CD View
Shelby County
- The Appellant, Jeremiah Wiseman, pled guilty to carjacking, a class B felony,
and was sentenced as a mitigated offender to the Department of Correction for a
term of 7.2 years. On appeal, the Appellant argues that the trial court erred
by denying him a probated sentence. Finding no error in the record, we affirm.
Cases posted the week of 05/19/2003
State vs. Stephon Harden -
E2002-01477-CCA-R3-CD View
Sullivan
County - The Appellant, Stephon Harden, appeals from the judgment of
the Sullivan County Circuit Court revoking his probation and remanding him to
the Department of Correction. In March of 1999, Harden pled guilty to two
counts of class E felony theft, one count of forgery, aggravated burglary, and
failure to appear. He received an effective six-year sentence to be served in
the Department of Correction. Harden was released following completion of the
"boot camp" program and was administratively granted probation by the
Commissioner of Correction. Warrants alleging violations of his probationary
sentence were issued on February 21st and 28th of 2002. Following a hearing, he
was found in violation of his probation and resentenced to the Department of
Correction. On appeal, he argues that the trial court erred by failing to
consider alternatives to revocation. Finding no merit to Harden's claim, the
judgment of the trial court is affirmed.
State vs. Thurman Ledford - E2002-01660-CCA-R3-CD
View
Hamblen
County - Thurman G. Ledford appeals a certified question of law
whether the strong odor of ammonia emanating from his residence supported
probable cause for the issuance of a search warrant, which resulted in his
arrest for drug-related activities. Because we conclude that the issue is not
dispositive of the defendant's case, we dismiss his appeal.
Steve Kyger vs State - M2002-01449-CCA-R3-PC
View
Rutherford
County - The Appellant, Steve Kyger, appeals the dismissal of his
petition for post-conviction relief by the Rutherford County Circuit Court. On
December 21, 1987, Kyger was convicted of first degree murder, armed robbery,
and joyriding, and received a sentence of life imprisonment plus thirty-five
years in the Department of Correction. On appeal, Kyger challenges these
convictions raising the single issue of ineffective assistance of counsel.
Finding no error, we affirm the judgment of the post-conviction
court.
State vs. Sandra Whaley -
E2002-01452-CCA-R3-CD View
Hamilton
County - The appellant, Sandra Ann Whaley, was convicted by a jury in
the Hamilton County Criminal Court of driving under the influence (DUI) and
assault. The trial court imposed a total effective sentence of eleven months
and twenty-nine days incarceration in the workhouse, to be suspended upon
service of thirty days in confinement. On appeal, the appellant challenges the
sufficiency of the evidence supporting her DUI conviction and she also
complains about the sentences imposed. Upon review of the record and the
parties' briefs, we affirm the judgments of the trial court.
Michael Bailey vs. State - M2002-00736-CCA-R3-PC
View
Davidson
County - The petitioner, Michael J. Bailey, filed a petition for
post-conviction relief alleging that he was denied effective assistance of
counsel. Following an evidentiary hearing, the post-conviction court denied
relief and the petitioner timely appealed. Upon review of the record and the
parties' briefs, we affirm the judgment of the post-conviction court.
State vs. Bruce Hollars -
M2002-01801-CCA-R3-CD View
The
Overton County Criminal Court revoked the probation of the
defendant, Bruce Hollars, and ordered his original sentences of two consecutive
terms of eleven months and twenty-nine days be served in confinement. On
appeal, the defendant contends that the trial court erred by requiring him to
serve the entire sentence. We affirm the judgment of the trial court.
State vs. Jerry Keathly -
M2002-00568-CCA-R3-CD View
A
DeKalb County jury convicted the Appellant, Jerry Winfred
Keathly, of vehicular assault, a class D felony. After a sentencing hearing,
the trial court imposed a four-year sentence, suspended after service of one
year, followed by a probation period of six years. On appeal, Keathly
challenges only the sentencing decision of the trial court, arguing that (1)
the procedures for allocution were not properly followed, (2) his sentence was
excessive, and (3) the trial court erred in denying full probation. After a
review of the record, we conclude that Keathly was denied his statutory right
of allocution. Tenn. Code Ann . § 40-35-210(b)(6) (Supp. 2002).
Accordingly, Keathly's sentence is vacated, and the case is reversed and
remanded for further proceedings consistent with the opinion.
State vs. Mario Leggs - M2002-01022-CCA-R3-CD
View
Davidson
County - The Defendant, Mario Antoine Leggs, was convicted by a jury
of theft, robbery, two counts of reckless endangerment, aggravated robbery, two
counts of evading arrest, three counts of reckless aggravated assault, leaving
the scene of an accident, and driving on a suspended license. After a
sentencing hearing, the trial court ordered the Defendant to serve an effective
sentence of twenty-three years, eleven months, and twenty-eight days in the
Department of Correction. In this direct appeal, the Defendant raises the
following issues: (1) whether the trial court erred by denying the Defendant's
motion to sever the offenses; (2) whether the trial court erred by admitting
prior identification testimony; (3) whether the Defendant is entitled to a new
trial based upon improper remarks made by the prosecutor during closing
argument; (4) whether the trial court erred by not reducing the Defendant's
three convictions for reckless aggravated assault to simple assault; (5)
whether the trial court erred by not merging one of the Defendant's convictions
for evading arrest with his conviction for leaving the scene of an accident;
and (6) whether the trial court properly sentenced the Defendant. We hold that
the trial court erred by not severing the offenses that occurred on November
16, 2000. However, we deem the error harmless. Because we find insufficient
evidence to support the Defendant's second conviction for evading arrest, we
reverse it and dismiss that charge. In all other respects, we affirm the
judgment of the trial court.
State vs. Timmy
Herndon - W2001-02981-CCA-R3-CD View
Shelby County -
The petitioner appeals the denial of his petition for post-conviction relief.
The petitioner contends his trial counsel failed to investigate his case and
meet with him regularly. He further contends his trial counsel never held a
hearing on his motion to suppress his identification, thus rendering his plea
involuntary. We conclude that the evidence does not preponderate against the
findings of the post-conviction court. We affirm the post-conviction court's
denial of post-conviction relief.
State vs.
Ashley Nesbitt - W2001-01663-CCA-R3-CD View
Shelby County
- The Defendant, Ashley Nesbitt, was convicted by a jury of one count of first
degree murder, two counts of attempted first degree murder, and one count of
aggravated robbery. The Defendant now appeals as of right, challenging the
sufficiency of the evidence. Finding the evidence insufficient to support one
of the attempted murder convictions, we reverse and dismiss the Defendant's
conviction for the attempted first degree murder of Carl Turner. We affirm the
remaining convictions.
State vs. Darrell
Taylor - W2001-01806-CCA-R9-PD View
Shelby County
- This appeal arises pursuant to Tenn. R. App. P. 9. The appellant, Darrell
Wayne Taylor, seeks interlocutory review of the question of whether a trial
court in a post-conviction proceeding involving a capital case is authorized
following an ex parte grant of fees for expert services pursuant to Tennessee
Code Annotated Section 40-14-207(b), to issue ex parte orders directing the
transportation of evidence in state custody to a defense expert for independent
forensic tests. After careful consideration of the applicable law, we hold that
there is no right on the part of an accused in a criminal case, capital or
otherwise, to obtain permission ex parte for independent forensic testing of
physical evidence in the custody of the State. However, following an
adversarial hearing where both the prosecution and the defense may be heard,
the trial judge may grant a defense request for independent testing of such
physical evidence under such conditions as the trial court may in its
discretion deem appropriate to protect the interests of both parties.
Accordingly the judgment of the trial court staying the ex parte order to
transport physical evidence for independent testing is affirmed and the case is
remanded for further proceedings in accordance with this opinion.
State vs. Darrell Anderson -
W2002-01269-CCA-R3-CD View
Madison
County - The defendant, Darrell M. Anderson, was convicted of
aggravated assault and simple assault. The trial court imposed a Range III,
ten-year sentence for the aggravated assault and a concurrent 11-month, 29-day
sentence for the assault. In this appeal of right, the defendant argues that
the evidence was insufficient to support either conviction. The judgments are
affirmed.
State vs. Rashad Chandler -
W2001-01565-CCA-R3-CD View
A
Shelby County grand jury indicted the defendant on charges of
first degree premeditated murder, felony murder, and especially aggravated
robbery. A trial jury subsequently convicted him of first degree premeditated
murder and acquitted him of the remaining charges. The defendant then
unsuccessfully pursued a new trial motion. In this appeal the defendant asserts
that the trial court erred by not suppressing his statement and that the jury's
verdict is inconsistent with the evidence presented at trial. After reviewing
the record and relevant authorities, we find neither of the defendant's claims
meritorious. We, therefore, affirm the judgment of the trial court.
State vs. Donald Clark - W2001-01549-CCA-R3-CD
View
A Shelby
County jury found the defendant, Donald Clark, guilty of especially
aggravated robbery. The trial court subsequently sentenced the defendant to
serve twenty-seven years as a violent offender. The defendant now appeals his
conviction, (1) challenging the sufficiency of the evidence to support his
conviction and (2) the trial court's failure to charge the lesser-included
offense of reckless aggravated assault. After a thorough review of the record,
we find that the evidence is sufficient to support the verdict, but that the
trial court erred by failing to instruct the jury on the offense of reckless
aggravated assault. However, we find that error to be harmless beyond a
reasonable doubt. Therefore, we affirm the judgment of the trial court.
State vs. Jarvis Cohen -
W2002-00828-CCA-R3-PC View
Shelby County
- The petitioner appeals the denial of his petition for post-conviction relief.
The petitioner contends his trial counsel failed to investigate his case and
meet with him regularly. He further contends his trial counsel never held a
hearing on his motion to suppress his identification, thus rendering his plea
involuntary. We conclude that the evidence does not preponderate against the
findings of the post-conviction court. We affirm the post-conviction court's
denial of post-conviction relief.
State vs.
Fred Delaney - W2002-00496-CCA-R3-PC View
Shelby County
- The petitioner appeals the denial of his petition for post-conviction relief.
He claims ineffective assistance of counsel and that his sentence is excessive.
Because this Court previously determined that the petitioner's sentence was not
excessive on direct appeal, we dismiss this issue. We conclude that the
evidence does not preponderate against the findings of the trial court and
affirm the post-conviction court's denial of post-conviction relief.
State vs. Jerry Honey - W2002-01187-CCA-R3-CD
View
Hardeman
County - The Defendant, Jerry Lee Honey, was convicted by a jury of
two counts of first degree premeditated murder and sentenced to two concurrent
terms of life imprisonment. The Defendant now appeals, challenging the
sufficiency of the evidence. We affirm the judgments of the trial court.
State vs. George King Jr. -
W2001-02823-CCA-R3-CD View
Gibson County -
The defendant, George Glenn King, Jr., appeals his convictions by a Gibson
County Circuit Court jury for first degree murder for which he received an
effective sentence of life in prison. He was also convicted of especially
aggravated burglary, a Class B felony, for which he received a concurrent
sentence of eight years. He contends that he is entitled to a new trial because
the state's eliciting expert testimony on the ultimate issue of his insanity
and prosecutorial misconduct in closing argument constitute plain error. He
also argues that the trial court should have merged his convictions for
premeditated and felony murder arising from a single killing. We agree that the
defendant's first degree murder convictions should be merged, but we otherwise
discern no plain error and affirm the judgments of conviction as modified.
State vs. N'Kosi Tuggle -
W2002-02625-CCA-R3-CD View
Shelby County
- The defendant, N'Kosi Tuggle, entered a plea of guilt to aggravated robbery.
The trial court imposed a Range I sentence of eight years. In this appeal of
right, the defendant argues that he should have been classified as an
especially mitigated offender. The judgment is affirmed.
State vs. Howard Atkins - W2001-02427-CCA-R3-CD
View
Tipton
County - Following a transfer of this case from juvenile court to
circuit court for trial, a Tipton County jury convicted the defendant,
sixteen-year old Howard Jefferson Atkins, of first-degree premeditated murder.
The trial court subsequently ordered the defendant to serve a life sentence
with the possibility of parole. The defendant now brings this direct appeal of
his conviction, challenging: (1) whether the trial court properly denied his
motion to suppress his pre-trial statements to police; (2) whether the state's
peremptory strike of four female jurors violated Batson v. Kentucky, 476 U.S.79
(1986); (3) whether the state improperly extracted a promise from the jury
during voir dire; (4) whether the trial court erred by allowing the victim's
son to offer certain testimony regarding the victim's peaceable character; (5)
whether the trial court erred by failing to give a curative instruction
following the victim's son's testimony; (6) whether the trial court erred by
allowing testimony describing the graphic nature of photos that the court ruled
were inadmissible because of their overly prejudicial nature; (7) whether the
trial court erred by allowing the medical examiner to testify that she had
retained certain bones from the victim's body for forensic pathology; and (8)
whether the evidence is sufficient to support the defendant's conviction for
first degree murder. After reviewing the record and applicable law, we find
that none of the defendant's allegations merit relief and accordingly affirm
the judgment of the lower court.
State vs.
Montrell Clements - W2002-01139-CCA-R3-CD View
Shelby County
- The defendant, Montrell Clements, was convicted of aggravated rape and
aggravated assault and sentenced to twenty-two years and six years,
respectively, to be served concurrently. The defendant timely appealed, arguing
that the evidence was insufficient to support his convictions. Following our
review, we affirm the judgments of the trial court but remand for entry of a
corrected judgment in No. 00-14457 to reflect the defendant's conviction
offense, which was omitted from the judgment form.
State vs. Chauncey Daugherty - W2002-01141-CCA-R3-CD
View
A Shelby
County jury convicted the defendant, Chauncey Daugherty, of driving
under the influence, second offense. The trial court sentenced him to eleven
months and twenty-nine days and ordered 180 days be served in the county
workhouse followed by probation. On appeal, the defendant maintains the
evidence was insufficient to support the conviction. We affirm the judgment of
the trial court.
State vs. Mary
Dillihunt - W2002-00843-CCA-R3-CD View
Hardin
County - The defendant was convicted of delivery of less than .5 grams
of cocaine, a Class C felony, and sentenced to eight years as a Range II,
multiple offender, to be served consecutively to a sentence for a prior
conviction. In a timely appeal to this court, she raises the sole issue of
whether the evidence was sufficient to support her conviction. Following our
review, we affirm the judgment of the trial court.
State vs. Jimmy Dudley - W2001-01381-CCA-R3-CD
View
A Madison
County grand jury indicted the defendant for aggravated assault.
Subsequently a trial jury convicted the defendant as charged. By the time of
the sentencing hearing, the parties had reached an agreement involving a
pending probation revocation matter, a pending assault charge, and the instant
conviction. With respect to the probation revocation, the trial court ordered
the defendant to serve four years at 30% as a standard offender. On the assault
conviction, the court ordered the defendant to serve eleven months and
twenty-nine days at 75%. Finally, the defendant received an agreed upon
four-and-one-half-year sentence to be served at 30% as a standard offender for
the aggravated assault conviction at issue in this case. The sentences were
ordered run in such a manner that the defendant by agreement received an
effective sentence of eight and one-half years. The defendant later filed a
motion for new trial and an amended motion for new trial unsuccessfully raising
five issues. Through this appeal the defendant continues to assert that 1) the
evidence is insufficient to support his aggravated assault conviction; 2) the
trial court erred in not allowing the defense to present evidence that the
victim's bodily injury resulted from another incident, not the defendant's
purported use of a deadly weapon; and 3) the trial court erred in admitting a
photograph allegedly showing the victim's injuries and in admitting a shirt
allegedly worn by the victim at the time of the offense as these items were not
provided to the defense in pre-trial discovery. However, after reviewing the
record and relevant authorities, we find that these contentions lack merit or
have been waived. We, thus, affirm the lower court's denial of relief.
State vs. Robert Frost -
W2001-00818-CCA-R3-CD View
A
Tipton County jury convicted the defendant, Robert Frost, of
bribery of a public servant. The trial court subsequently ordered the defendant
to serve three years as a standard offender in community based alternative
sentencing. The defendant now brings this direct appeal of his conviction,
challenging (1) the trial court's decision to admit certain exhibits over his
objection; (2) a certain portion of the trial court's instruction to the jury
regarding his indicted offense; and (3) the sufficiency of the evidence to
support his conviction. After a thorough review of the record, we find that
none of the defendant's allegations merit relief and accordingly affirm the
judgment of the trial court.
State vs. Stephen
Grande - W2001-00998-CCA-R3-CD View
The appellant, Stephen Daniel
Grande, Sr., was convicted by a jury of the unlawful manufacturing of
methamphetamine and of introducing contraband into a penal institution. He
received two concurrent three year sentences to be served on community
corrections following service of a year of incarceration. In this appeal the
appellant raises seven issues including whether the evidence is sufficient to
support the verdict. However, in his brief the appellant cites no relevant
authority to support his arguments. Indeed, the brief of the appellant is
little more than a written diatribe describing alleged unlawful activities on
the part of the authorities in Henry County, Tennessee, and characterizing
those alleged activities as unconstitutional. Under these circumstances we find
that the appellant has waived review of the issues on appeal. Nevertheless, we
have in the interests of justice, reviewed the primary issue of the sufficiency
of the evidence. We hold that the evidence is more than sufficient to support
the verdict of the jury. Accordingly, the judgments of the trial court are
affirmed.
State vs. Anthony Humphrey -
W2002-00195-CCA-R3-CD View
Shelby County -
The defendant was convicted of voluntary manslaughter, attempted voluntary
manslaughter, attempted aggravated robbery, and attempted especially aggravated
robbery. He was sentenced to six years for the voluntary manslaughter
conviction, four years for the attempted voluntary manslaughter conviction, six
years for the attempted aggravated robbery conviction, and twelve years for the
attempted especially aggravated robbery conviction. The attempted voluntary
manslaughter conviction was ordered concurrent with the other three convictions
which were ordered consecutive to one another, for an effective sentence of
twenty-four years. On appeal, the defendant raises three issues for our review:
(1) whether the evidence was sufficient to support his convictions; (2) whether
the trial court committed plain error by allowing testimony concerning his gang
affiliations; and (3) whether the trial court appropriately sentenced the
defendant. Following our review, we affirm the judgments of the trial court.
State vs. Allen Oliver -
W2002-02085-CCA-R3-PC View
Shelby County - The petitioner, Allen Oliver, appeals the
post-conv