Cases posted the week of
06/28/2004
State vs. Charles Keith -
E2003-01721-CCA-R3-CD View
Sullivan County
- The appellant, Charles Keith, was convicted by a jury in the Sullivan County
Criminal Court of one count of possession of marijuana and one count of
possession of drug paraphernalia. The trial court sentenced the appellant to
consecutive sentences of eleven months and twenty-nine days confinement in the
county jail, to be served at seventy-five percent. On appeal, the appellant
challenges the trial court's denial of his motion to suppress evidence seized
as a result of an investigatory stop of his vehicle. Upon review of the record
and the parties' briefs, we affirm the judgments of the trial court.
State vs. Marsha Yates - E2003-01900-CCA-R3-CD
View
Sullivan
County - Following a revocation hearing, the trial court revoked the
probation of Defendant, Marsha Karen Yates, and ordered her to spend the
remainder of her sentence in confinement. On appeal, Defendant argues that the
trial court abused its discretion in revoking her probation. After a careful
review of the record in this matter, we affirm the judgment of the trial court.
State vs. Larry Adams -
E2002-03046-CCA-R3-CD View
Knox County -
The appellant, Larry Arnell Adams, was convicted by a jury in the Knox County
Criminal Court of one count of especially aggravated kidnapping, one count of
aggravated spousal rape, one count of assault, and two counts of rape. He
received a total effective sentence of thirty-seven years incarceration in the
Tennessee Department of Correction. On appeal, the appellant raises numerous
issues for our review, including consolidation and sufficiency. Upon review of
the record and the parties' briefs, we affirm the judgments of the trial court.
State vs. Renne Arellano -
M2004-01292-CCA-RM-CD View
Maury County
- This case presents an appeal to this court after remand by order of the
Tennessee Supreme Court. The Appellant, Renne Efren Arellano, appeals from the
sentencing decision of the Maury County Circuit Court. In a negotiated plea
agreement, Arellano pled guilty to arson, eight counts of aggravated assault,
and felony possession of a weapon and received an effective twelve-year
sentence as a Range I standard offender. The manner of service was to be
determined by the trial court. Following a sentencing hearing, the trial court
denied any form of alternative sentencing and imposed total incarceration for
the twelve-year sentence. On appeal, Arellano contends that the trial court
erred in not sentencing him to any form of alternative incarceration. Finding
no error, the sentences of the trial court are affirmed.
Frank Barnard vs. State - M2003-02809-CCA-R3-HC
View
Hickman
County - The petitioner, Frank A. Barnard, was convicted in 1992 of
first degree murder, aggravated robbery, and aggravated sexual battery, for
which he was sentenced, respectively, to sentences of life, eight years, and
ten years, with the latter sentence to be served consecutively to the first
two. In a petition for writ of habeas corpus, he claimed that the trial court
was without jurisdiction to impose judgment for the murder conviction. The
trial court dismissed the petition, and this timely appeal followed. After
review, we affirm the dismissal.
State vs.
Mario Estrada - M2004-01291-CCA-RM-CD View
Maury County -
This case presents an appeal to this court after remand by order of the
Tennessee Supreme Court. The Appellant, Mario C. Estrada, appeals the
imposition of a sentence of twelve years confinement in the Department of
Correction. The sentence arose from a guilty plea entered by Estrada to one
count of arson, eight counts of aggravated assault, and one count of possession
of a prohibited weapon. In this appeal, Estrada raises the issue of whether the
trial court erred by ordering a sentence of total confinement rather than a
less restrictive alternative. After review, we find no error. Accordingly, the
judgment is affirmed.
State vs. Brian
French - M2002-02465-CCA-R3-CD View
Montgomery
County - The defendant, Brian French, appeals the revocation of his
probation. We dismiss the appeal due to the untimely filing of the notice of
appeal.
State vs. Felicia Murphy -
M2003-02466-CCA-R3-CD View
DeKalb County
- The appellant, Felicia Murphy, appeals the sentencing decision of the DeKalb
County Circuit Court following revocation of her probation. In December 2001,
Murphy pled guilty to misdemeanor reckless endangerment and received a sentence
of eleven months and twenty days, which was to be suspended after service of
ten days. While on probation Murphy was found to be in violation of her
probation, resulting in the extension of her probationary period for an
additional six months. On the day before this extended period was to expire a
violation warrant was issued, which alleged numerous violations of conditions
of her probation. Following a hearing, the trial court revoked her probation
and ordered reinstatement of her original sentence. On appeal, she argues that
the trial court "acted too harshly" by revoking her sentence and, instead,
should have extended her probationary period for one year. Finding no merit to
Murphy's claim, the judgment of the trial court revoking her probation and
ordering reinstatement of her original eleven-month and twenty-nine-day
sentence is affirmed.
State vs. Robert Yoreck,
III - M2004-01289-CCA-RM-CD View
Montgomery
County - This case presents an appeal to this court after remand by
order of the Tennessee Supreme Court. The Appellant, Robert James Yoreck, III,
pled guilty to aggravated assault, a class C felony. Following a sentencing
hearing, the trial court sentenced Yoreck, as a Range II multiple offender, to
nine years in the Department of Correction. On appeal, Yoreck argues that his
sentence was excessive. After a review of the record, we affirm the sentence as
imposed by the Montgomery County Circuit Court
State vs. William Glenn Rogers -
M2002-01798-CCA-R3-DD View
Montgomery
County - The defendant, William Glenn Rogers, appeals his convictions
by a jury for first degree premeditated murder, first degree felony murder in
the perpetration of a kidnapping, first degree felony murder in the
perpetration of a rape, especially aggravated kidnapping, rape of a child, and
two counts of criminal impersonation. The felony murder convictions were merged
into the first degree premeditated murder conviction. Following a separate
sentencing hearing, the jury found that the proof supported four aggravating
circumstances beyond a reasonable doubt: the murder was committed against a
person less than twelve years of age and the defendant was eighteen years of
age or older; the defendant had previously been convicted of one or more
felonies, the statutory elements of which involve the use of violence to the
person; the murder was committed for the purpose of avoiding, interfering with
or preventing a lawful arrest or prosecution of the defendant or another; and
the murder was knowingly committed, solicited, directed, or aided by the
defendant while the defendant had a substantial role in committing or
attempting to commit, or was fleeing after having a substantial role in
committing or attempting to commit, any rape or kidnapping. See T.C.A. §
39-13-204(i)(1), (2), (6), and (7). The jury further determined that the
aggravating circumstances outweighed any mitigating circumstances beyond a
reasonable doubt and sentenced the defendant to death for the murder. He
received an effective consecutive sentence of forty-eight years in confinement
for the other offenses. The defendant raises the following issues for review:
(1) whether the evidence is sufficient to convict and to support a sentence of
death; (2) whether the trial court erred in failing to grant the defendant's
motion for a change of venue; (3) whether the trial court erred by not
suppressing the defendant's statements to the police; (4) whether the trial
court erred by not suppressing the defendant's statements to third parties; (5)
whether the trial court erred by excluding two jurors for cause; (6) whether
the trial court erred by limiting the cross-examination of Jeremy Beard; (7)
whether the trial court erred in admitting a photograph of the victim's skull
and a photograph of the victim taken during her life; (8) whether the trial
court erroneously instructed the jury on the definition of "intentional" in the
first degree murder charge; (9) whether the trial court erred by failing to
instruct vehicular homicide as a lesser included offense of first degree
murder; (10) whether T.C.A. §§ 39-13-204(f) and 39-13-204(h) are
unconstitutional; (11) whether the proportionality review mandated by T.C.A.
§ 39-13-206 is inadequate because it fails to apply meaningful standards
for determining whether a death sentence is disproportionate; and (12) whether
the death penalty is unconstitutional because it is imposed in a discriminatory
manner. We conclude that the evidence is sufficient to support the jury's
verdict and sentencing, that no errors requiring reversal exist, and that the
sentence of death is proportional to the penalty imposed in similar cases,
considering the nature of the crimes and the defendant. Accordingly, we affirm
the convictions and the sentence of death.
State vs. Stephen Frazier - W2003-01612-CCA-R3-CD
View
Hardin
County - Hardin County jury convicted the Defendant, Stephen Keith
Frazier, of vehicular homicide and two counts of driving while under the
influence of an intoxicant or drug ("DUI"). The trial court merged the two DUI
convictions and sentenced the Defendant to ten years for vehicular homicide,
and eleven months and twenty-nine days for the DUI conviction, with both
sentences to run concurrently. On appeal, the Defendant contends that: (1) the
evidence was insufficient to support the convictions; and (2) the trial court
erred in sentencing the Defendant by improperly applying enhancement factor
(17) to increase the length of the sentence and in not imposing alternative
sentencing. Based upon our review, we affirm the conviction for vehicular
homicide and vacate the conviction for DUI, this offense being merged into the
conviction for vehicular homicide. Additionally, we affirm the Defendant's
sentence for his vehicular homicide conviction, and we vacate the Defendant's
sentence for his DUI conviction. We therefore remand to the trial court for the
entry of a single judgment in accordance with this opinion.
State vs. Thaddaeus Medford - W2003-02544-CCA-R3-CD
View
Lauderdale
County - The Defendant, Thaddeaus Medford, was convicted of three
counts involving the delivery and attempted delivery of cocaine. In his first
appeal, the Defendant contended, in part, that the State used a peremptory
challenge to exclude a potential juror based on race. We remanded the case for
the trial court to determine whether the State's challenge was based upon a
racially-neutral reason. On remand, the trial court determined that the State's
challenge was based upon a racially-neutral reason, and the Defendant appeals,
contending that this finding by the trial court is in error. Finding no error,
we affirm the judgment of the trial court.
State vs. Kewan Jackson - W2003-01917-CCA-R3-CD
View
Shelby
County - The appellant, Kewan Jackson, was found guilty by a jury in
the Shelby County Criminal Court of criminally negligent homicide and reckless
aggravated assault. The appellant received a total effective sentence of three
years in the Shelby County Workhouse. On appeal, the appellant challenges the
sufficiency of the evidence supporting his convictions and the refusal of the
trial court to remove a juror. Upon our review of the record and the parties'
briefs, we affirm the judgments of the trial court.
Michael Lewis vs. State - W2003-01935-CCA-R3-PC
View
Lauderdale
County - The petitioner, Michael R. Lewis, appeals the Lauderdale
County Circuit Court's dismissal of his petition for post-conviction relief. On
appeal, he claims that ineffectiveness of trial counsel resulted in an invalid,
2001 jury conviction of reckless aggravated assault and that post-conviction
relief from the conviction is warranted. Because the record supports the
post-conviction court's findings and conclusion, we affirm.
State vs. Robert Stevenson - W2003-02097-CCA-R3-CD
View
Shelby
County Criminal Court jury convicted the defendant, Robert L.
Stevenson, of burglary of a building, a Class D felony, and the trial court
sentenced him as a career offender to twelve years in the Department of
Correction. The defendant appeals, claiming (1) that the evidence is
insufficient to support his conviction and (2) that the trial court erred by
allowing the state to impeach him with prior convictions. We affirm the
judgment of the trial court.
David Allen Lane
vs. State - E2002-02530-CCA-R3-PC View
Greene County -
The petitioner, David Allen Lane, appeals both the post-conviction court's
ruling regarding his post-conviction relief and the denial of his motion to
withdraw his guilty plea. The judgment of the trial court denying the motion to
withdraw the guilty plea is affirmed. Because the petitioner was denied the
effective assistance of counsel and because the post-conviction court failed to
comply with the requirements of State v. Boyd, 51 S.W.3d 206 (Tenn. 2000), the
judgment of the post-conviction court vacating and reinstating the judgment is
reversed, the judgment is vacated and the cause is remanded for proceedings not
inconsistent with this opinion.
State vs.
Dennis James Varner - E2003-02223-CCA-R3-CD View
Hamilton
County - The Defendant, Dennis James Varner, entered a conditional
plea of guilty to driving under the influence following the trial court's
denial of his motion to suppress evidence attendant upon his stop at a
roadblock. The Defendant reserved for this Court's ruling a certified question
of law regarding the constitutionality of his stop by law enforcement officers.
Upon our review of the record and pertinent legal authority, we have determined
that the trial court erred in denying the Defendant's motion to suppress.
Accordingly, we reverse the trial court's judgment and dismiss the charges
against the Defendant arising out of his stop at a roadblock conducted in
contravention of Tennessee's constitution.
James Edward Dicken vs. State - M2003-01455-CCA-R3-CD
View
Sumner
County - The petitioner, James Edward Dicken, appeals the denial of
his petition for post-conviction relief. He contends that he was denied the
effective assistance of counsel. The judgment of the post-conviction court is
affirmed.
State vs. Stephen Gass -
M2003-01079-CCA-R3-PC View
Rutherford
County - The petitioner, Steven Gass, was convicted by a jury in the
Rutherford County Circuit Court of rape of a child, aggravated sexual battery,
and attempted rape of a child. The petitioner received a total effective
sentence of thirty-two years incarceration in the Tennessee Department of
Correction. Subsequently, the petitioner filed a petition for post-conviction
relief, citing several instances of ineffective assistance of counsel. After a
hearing, the post-conviction court denied the petition, and the petitioner
timely appealed. Upon review of the record and the parties' briefs, we affirm
the judgment of the post-conviction court.
Damien M. Jackson vs. State - M2003-00952-CCA-R3-PC
View
Davidson
County - The petitioner appeals from his denial of post-conviction
relief. He alleges ineffective counsel and error by the post-conviction judge.
After careful review, we conclude that the petitioner failed to prove
ineffective counsel. Accordingly, we affirm the denial of relief.
State vs. Carl E. Leggett, Sr. -
M2003-1388-CCA-R3-CD View
(Dissent) - View
Franklin
County - The Defendant, Carl E. Leggett, Sr., was indicted by the
Franklin County Grand Jury for possession of .5 grams or more of cocaine with
the intent to sell or deliver. Following a jury trial, the Defendant was
convicted of facilitation of possession with intent to sell over .5 grams of
cocaine. The Defendant was sentenced as a Range II multiple offender to serve
nine years in confinement and ordered to pay a $70,000 fine. In this appeal as
of right, the Defendant challenges the sufficiency of the convicting evidence.
The Defendant also challenges his sentence. After a careful review of the
record, we reverse the judgment of the trial court on sufficiency grounds and
dismiss the charges against the Defendant.
State vs. Steven A. Meyer - M2003-02297-CCA-R3-CD
View
Montgomery
County - At his first trial, the defendant, Steven A. Meyer, was
convicted of first degree murder and the trial court, sua sponte, overturned
the jury verdict, concluding that it was against the weight of the evidence. At
the second trial, the jury again found the defendant guilty of first degree
premeditated murder, and he was sentenced to life imprisonment. On appeal, he
argues that the evidence was insufficient to sustain his conviction. Following
our review, we affirm the judgment of the trial court.
Terry L. Shropshire, Pro Se vs. State -
M2003-01436-CCA-R3-CO View
Wayne County
- The Petitioner, Terry Shropshire, appeals the trial court's denial of his
petition for habeas corpus relief. The State has filed a motion requesting that
this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules
of the Court of Criminal Appeals. The Petitioner has failed to establish by a
preponderance of the evidence that his conviction is void or his term of
imprisonment has expired. Accordingly, the State's motion is granted and the
judgment of the trial court is affirmed.
State vs. Joseph Chi-Choi Wong -
M2003-00504-CCA-R3-CD View
Davidson
County - The appellant, Joseph Chi-Choi Wong, was convicted by a jury
on three counts of promoting prostitution and three counts of money laundering.
As a result, he was sentenced to an effective sentence of twenty-four (24)
years. In this direct appeal, the appellant challenges: (1) the trial court's
decision to admit certain evidence that was found in the appellant's apartment;
(2) the trial court's failure to dismiss the indictment due to the asserted
unconstitutionality of the Tennessee prostitution and money laundering
statutes; (3) the trial court's failure to sever the prostitution counts from
the money laundering counts; (4) the trial court's failure to suppress the
evidence procured from the appellant's apartment as a result of the search
warrant; (5) the trial court's imposition of an excessive sentence; and (6) the
trial court's failure to mitigate the appellant's sentence. After a thorough
review of the record, we affirm the judgments of the trial court.
State vs. Anthony Charles Henderson
-M2003-02145-CCA-R3-CD View
White County
- On August 1, 2001, Defendant, Anthony Charles Henderson, entered guilty pleas
to two counts of sale of cocaine in an amount less than .5 grams, a Class C
felony. See Tenn. Code Ann. § 39-17-417. Defendant received concurrent
sentences of five years for his convictions with ninety days to be served in
confinement and the remainder to be served on supervised probation. Defendant
was also ordered to pay $2,000 in fines. On July 24, 2002, a violation of
probation warrant was issued. Following an evidentiary hearing, the trial court
found that Defendant violated the conditions of his probation and ordered
Defendant to serve his original sentences in confinement. Defendant appeals the
trial court's revocation of probation, arguing that there was no substantial
evidence to support the revocation. Defendant also argues that the sentences
imposed following the revocation were excessive. After reviewing the record on
appeal, we conclude that the trial court did not abuse its discretion in
revoking Defendant's probation and ordering Defendant to serve his original
sentences in confinement.
State vs. Daryl
Eugene Fortner - M2003-00950-CCA-R3-CD View
Montgomery
County - Following a jury trial, the defendant was convicted of two
counts of attempted first degree murder, Class A felonies. He was also
convicted of one count of aggravated burglary, a Class C felony. The defendant
contends on appeal that (1) the evidence was insufficient to establish the
requisite intent required for committing first degree murder, (2) the trial
court erred in instructing the jury on diminished capacity, and (3) the
sentence was excessive. Finding no reversible error, we affirm the judgments of
the trial court.
John W. Smith vs. State -
M2003-00729-CCA-R3-PC View
Davidson
County - The petitioner, John W. Smith, appeals the denial of his
petition for post-conviction relief. The single issue presented for review is
whether the petitioner was denied the effective assistance of counsel at trial.
The judgment is affirmed.
State vs.
Christopher Davis - M2003-00380-CCA-R3-CO View
Davidson
County - The Petitioner, Christopher A. Davis, appeals the trial
court's denial of his petition for writ of error coram nobis. The State has
filed a motion requesting that this Court affirm the trial court's denial of
relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The
Petitioner failed to file his petition within the applicable statute of
limitations, failed to assert a claim that is cognizable in a petition for writ
of error coram nobis, and the statute of limitations should not be tolled.
Accordingly, the State's motion is granted and the judgment of the trial court
is affirmed.
Cases posted the week of 06/21/2004
State vs. Randy Anderson -
W203-01472-CCA-R3-CD View
Henry County -
The appellant, Randy Anderson, pled guilty in the Henry County Circuit Court to
manufacturing methamphetamine and was sentenced to three years, with 180 days
to be served in confinement and the balance to be served in the community
corrections program. The trial court ordered the sentence to be served
concurrently with a previous sentence in Madison County. The trial court
subsequently revoked the appellant's community corrections sentence and
resentenced the appellant to four years in the Tennessee Department of
Correction, to be served consecutively to sentences imposed in Weakley and Dyer
Counties. On appeal, the appellant challenges the imposition of consecutive
sentencing. Upon review of the record and the parties' briefs, we affirm the
judgment of the trial court.
Jimmy Leslie
Sluder vs. State - E2003-02222-CCA-R3-PC View
Knox County -
The petitioner, Jimmy Leslie Sluder, appeals the trial court's dismissal of his
petition for habeas corpus relief. The single issue presented for review is
whether the trial court erred by dismissing the petition for writ of habeas
corpus without an evidentiary hearing. The judgment is affirmed.
Orlando Malone vs. State - E2003-02095-CCA-R3-PC
View
Bradley
County - The petitioner, Orlando Malone, appeals the denial of
post-conviction relief. The single issue presented for review is whether the
petitioner was denied the effective assistance of counsel. The judgment is
affirmed.
Billy David Grubb vs. State -
E2003-02189-CCA-R3-CD View
Knox County -
The petitioner, Billy David Grubb, pled guilty in 2001 to first degree
premeditated murder and especially aggravated burglary for which he was
sentenced, respectively, to consecutive sentences of life without parole and
twelve years. Subsequently, he filed a timely petition for post-conviction
relief, which was amended by counsel, claiming, inter alia, that trial counsel
had been ineffective by not seeking a pretrial mental evaluation. Following an
evidentiary hearing, the post-conviction court dismissed the petition. After
review, we affirm the dismissal.
State vs.
Charles Fields - W2003-02051-CCA-R3-PC View
Obion County
- The petitioner, Charles Orlando Fields, was found guilty by a jury in the
Obion County Circuit Court of one count of selling .5 grams or more of a
substance containing cocaine within one thousand feet of a school zone. The
petitioner was sentenced to thirty-three years incarceration in the Tennessee
Department of Correction. Subsequently, the petitioner filed a petition for
post-conviction relief, alleging that he received the ineffective assistance of
trial counsel. After an evidentiary hearing, the post-conviction court found
that the petitioner's claims were waived and that regardless of waiver, the
petitioner failed to prove prejudice. The petitioner appeals. Upon our review
of the record and the parties' briefs, we affirm the judgment of the
post-conviction court.
In Re: Guy James
Bonding - M2003-01033-CCA-R3-CD View
Rutherford
County - The appellant, Guy James Bonding, appeals the order of the
Rutherford County Circuit Court denying its petition for reimbursement of a
forfeited bail bond in the case of criminal defendant Valissa Granderson.
Following a review of the record and the parties' briefs, we reverse the
judgment of the trial court and remand for a hearing at which the trial court
shall determine to what relief, if any, the appellant is entitled.
State v. Dee Thompson - M2003-01149-CCA-R3-CD
View
Davidson
County - The appellant, Dee W. Thompson, was convicted by a jury in
the Davidson County Criminal Court of three counts of aggravated rape. He was
sentenced to life imprisonment without the possibility of parole. On appeal,
the appellant challenges the sufficiency of the evidence supporting his
convictions, the trial court's rulings regarding the admissibility of prior
testimony, and the qualification of a witness to testify as an expert. Upon
review of the record and the parties' briefs, we affirm the judgments of the
trial court.
State vs. Nathaniel Jackson
& Keneth Jones - M2002-02248-CCA-R3-CD View
Lewis County
- The appellants, Nathaniel Lee Jackson and Kenneth Juqan Jones, both minors,
were tried as adults in a non-jury trial and found guilty of aggravated
kidnapping, evading arrest and aggravated robbery. Following a sentencing
hearing, each received an effective sentence of twelve years. Both appellants
argue that the juvenile court erred in transferring the case to circuit court.
Appellant Jackson seeks a determination as to whether the judgment is void due
to the failure of the trial court to have a detention hearing. Appellant Jones
presents the following additional issues: (1) whether the evidence is
sufficient on the charges of aggravated kidnapping and aggravated robbery; and
(2) whether the trial court failed to adhere to applicable sentencing
guidelines. After a thorough review of the record, we affirm the decision of
the trial court.
Johnny McGowan, Jr. vs.
State - M2003-01759-CCA-R3-HC View
Rutherford
County - The Petitioner, Johnny L. McGowan, Jr., pled guilty in 1994
to aggravated arson, arson, six counts of reckless endangerment with a deadly
weapon and two counts of vandalism, and the trial court sentenced him to twenty
years in prison, to be served concurrently with a sentence from a previous
conviction. In 2003, the Petitioner filed two pro se petitions for writs of
habeas corpus in case numbers 27902 and 27903 alleging that his guilty pleas
were not entered knowingly and voluntarily and requesting that the trial court
appoint him counsel. The trial court summarily dismissed the petitions because
it found that the Petitioner's claims, considered in the light most favorable
to him, would at best render his convictions voidable and not void. On appeal,
the Petitioner contends that the trial court erred by denying his request for
appointment of counsel and by dismissing his petitions because there were
"fatal variances" between the indictments and the evidence contained in the
record. Finding no reversible error, we affirm the trial court's
judgments.
Charles Jones vs. State -
M2003-01851-CCA-R3-CD View
Davidson
County - The petitioner, Charles William Jones, appeals the denial of
post-conviction relief relating to his conviction for second degree murder. On
appeal, the petitioner contends the trial court erroneously instructed the jury
regarding the definition of "knowingly" as applied to second degree murder. We
affirm the judgment of the post-conviction court.
William Osepczuk vs. State - M2003-01601-CCA-R3-PC
View
Lawrence
County - The petitioner, William Osepczuk, was convicted of attempted
first degree murder and sentenced to confinement for twenty-five years. After
his conviction and sentence were affirmed on direct appeal, he filed a petition
for post-conviction relief, alleging that trial counsel had been ineffective.
Following an evidentiary hearing, the post-conviction court denied the
petition, and this timely appeal resulted. After review, we affirm the denial
of the petition.
Mandrall Porter vs. State
- M2003-02525-CCA-R3-HC View
Wayne County -
The Petitioner, Mandrall Porter, appeals the trial court's denial of his
petition for habeas corpus relief. The State has filed a motion requesting that
this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules
of the Court of Criminal Appeals. After a review of the record, this court
determines that petitioner's claims must fail. Petitioner has failed to present
any evidence that his sentence has expired or that his conviction for
especially aggravated robbery is void. Accordingly, the State's motion is
granted and the judgment of the trial court is affirmed.
Frank Sumner vs. State - M2003-01922-CCA-R3-HC
View
Hickman
County - The Petitioner, Frank Sumner, appeals the trial court's
denial of his petition for habeas corpus relief. The State has filed a motion
requesting that this Court affirm the trial court's denial of relief pursuant
to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner fails to
assert a cognizable claim for which habeas corpus relief may be granted.
Accordingly, the State's motion is granted and the judgment of the trial court
is affirmed.
Timothy Taylor v. Kevin Myers
- M2003-02754-CCA-R3-HC View
Wayne County -
The defendant was convicted in 1998 of a series of felonies, receiving an
effective sentence of five years and six months. He was released on parole in
1999, and his parole was revoked in 2002, resulting in his reincarceration.
Subsequently, he filed a petition for writ of habeas corpus, asserting that his
five-year-six-month sentence had expired. The post-conviction court dismissed
the petition; and, following our review, we affirm the dismissal.
State vs. Michael Ward, II - M2003-00734-CCA-R3-CD
View
Coffe County
- The Defendant, Michael Ward, II, was convicted by a jury of attempted second
degree murder, aggravated spousal rape, especially aggravated kidnapping,
aggravated robbery, and aggravated burglary. In this direct appeal, the
Defendant raises five issues: (1) whether the evidence is sufficient to sustain
his five convictions; (2) whether double jeopardy bars multiple convictions
that all require proof of the element of serious bodily injury; (3) whether the
trial court erred by admitting evidence of the Defendant's prior bad acts; (4)
whether the Defendant was prejudiced by the State's failure to provide him with
discovery items; and (5) whether the Defendant is entitled to a new trial based
on the cumulative effect of the alleged trial errors. We affirm the judgments
of the trial court.
State vs. Jeffery
Bowers - W2003-01203-CCA-R3-CD View
Fayette County
- The defendant, Jeffery Bowers, appeals his misdemeanor speeding convictions
in the Fayette County Circuit Court, claiming that the trial court improperly
denied his request for time to obtain an attorney and, therefore, that he was
denied his Sixth Amendment right to counsel. We affirm the judgments of the
trial court.
State vs. Michael Brandon
Mottern - E2003-00746-CCA-R3-CD View
Washington
County - The defendant pled guilty to two counts of automobile
burglary and one count of theft under $500. The Washington County Criminal
Court ordered the defendant to serve an effective sentence of five years of
incarceration as a Range II multiple offender. During the same hearing, the
trial court revoked the defendant's probation from numerous prior convictions
and ordered the defendant to serve an effective three-year sentence on those
cases. The guilty plea cases and the revocation cases were consolidated on
appeal. On appeal, the defendant contends: (1) upon revoking his probation for
the prior convictions, the trial court erred by ordering him to serve his
original sentences in confinement; and (2) the trial court erred in denying
alternative sentencing regarding his new convictions. We affirm the judgments
of the trial court.
State vs. David L.
Taylor - E2003-02117-CCA-R3-CD View
A Campbell
County jury convicted the defendant of driving under the influence,
third offense. On appeal, the defendant contends the state failed to establish
venue. We affirm the judgment of the trial court.
State vs. Darian Sparks - E2003-02021-CCA-R3-CD
View
Knox County
- The defendant, Darian Nigel Sparks, pled guilty in the Knox County Criminal
Court to robbery and the attempted sale of a Schedule I controlled substance,
Class C felonies. Pursuant to the plea agreement, the defendant received
consecutive sentences of eight years for each offense, with the manner of
service to be determined by the trial court. After a sentencing hearing, the
trial court denied the defendant's request for alternative sentences and
ordered that he serve his sentences in the Department of Correction. The
defendant appeals, claiming that the trial court erred by ordering that he
serve his sentences in confinement. We affirm the judgments of the trial
court.
State vs. Richard A. Siters -
E2003-02075-CCA-R3-CD View
Sullivan County
- On February 28, 2002, the defendant, Richard A. Siters, pled guilty to four
counts of attempted rape, a Class C felony; one count of sexual battery, a
Class E felony; and one count of attempted sexual battery, a Class A
misdemeanor. The trial court sentenced the defendant to six years, suspended,
and placed him on intensive supervised probation. On appeal, the defendant
contends that the trial court erred in revoking his probation. We disagree and
affirm the revocation.
State vs. Jonathan W.
Susman - E2003-02262-CCA-R3-CD View
Hamilton
County - The Defendant, Jonathan W. Susman, pled guilty to driving
while under the influence of an intoxicant. As part of his plea agreement, he
expressly reserved with the consent of the trial judge and the State the right
to appeal a certified question of law pursuant to Tennessee Rule of Criminal
Procedure 37(b)(2)(i). The question is whether there were sufficient specific
and articulable facts to justify a police officer detaining the Defendant in
order for him to perform field sobriety tests. We conclude that there were, and
we affirm the trial court's judgment.
State
vs. Danny Williamson - E2003-01856-CCA-R3-CD View
Cocke County - The
defendant, Danny Williamson, pled guilty in the Cocke County Criminal Court to
possession of a Schedule VI controlled substance with intent to sell, a Class D
felony. Pursuant to the plea agreement, the defendant received a two-year
sentence as a Range I, standard offender with the manner of service to be
determined by the trial court. After a sentencing hearing, the trial court held
that the need for deterrence warranted the defendant's serving his entire
sentence in confinement. The defendant appeals, claiming that the trial court
erred by denying his request for full probation. We affirm the defendant's
sentence but remand the case for entry of a corrected judgment.
State vs. Jon Brewbaker - E2003-02706-CCA-R3-CD
View
Bradley
County - The Defendant, Jon Brewbaker, pled guilty to second degree
murder, a Class A felony. After a hearing, the trial court sentenced the
Defendant to twenty-three years in the Department of Correction. The sole issue
on appeal is whether the sentence imposed by the trial court is excessive. We
affirm the judgment of the trial court.
Jimmy
Wayne Wilson vs. State - E2003-02598-CCA-R3-PC
View
Sullivan
County - The Defendant, Jimmy Wayne Wilson, petitioned for
post-conviction relief under the Post-Conviction DNA Analysis Act of 2001,
Tenn. Code Ann. § 40-30-301 et. seq. The trial court summarily denied
relief upon the State's response that no evidence remained available for
testing. The Defendant now appeals, asserting that he should have been afforded
a hearing in which to test the veracity of the State's claim of no remaining
evidence. We affirm the trial court's judgment.
Cases posted the week of 06/14/2004
William Houston vs. State -
M2003-00304-CCA-R3-PC View
Giles County -
Petitioner was convicted by a Giles County jury for several drug-related
offenses and was given an effective sentence of 72 years. In his direct appeal
to this Court, his conviction was affirmed, and his sentence was reduced to 46
years. Petitioner then filed a Petition for Post-conviction Relief. The
post-conviction court denied the petition. Petitioner appeals the decision of
the post-conviction court and argues three issues on appeal: (1) Whether the
post-conviction court erred in finding that trial counsel was effective; (2)
whether the post-conviction court erred in its decision with respect to the
trial judge's presence in the jury room; and (3) whether newly-discovered
evidence of officer/witness's wrong doing and character mandates a new trial.
We affirm the decision of the post-conviction court.
State vs. James Bartlett - M2002-01868-CCA-R3-CD
View
Lincoln County -
The defendant, James Ray Bartlett, appeals the trial court's denial of his
request for credit for time served in community corrections. Because the
defendant has no appeal as of right under Tennessee Rule of Appellate Procedure
3(b), the cause is dismissed.
State vs. John
Lemont Pierce,a.k.a. James Owens, a.k.a. John Lamonte Pierce -
M2002-02979-CCA-R3-CD View
Davidson
County - The defendant, John Lemont Pierce, indicted for two counts of
especially aggravated kidnapping, three counts of aggravated assault, and
simple assault, entered a guilty plea to one count of aggravated assault. The
trial court imposed a fifteen-year sentence to be served consecutively to a
prior six-year sentence. In this appeal, the defendant contends that the trial
court erred by ordering a maximum sentence of 15 years and requiring
consecutive service. The judgment of the trial court is affirmed.
State vs. Hubert Nard - M2003-02294-CCA-R3-CD
View
Franklin
County - The defendant, in this appeal of right, challenges the
sufficiency of the evidence to support his convictions for driving under the
influence (DUI) and disorderly conduct. After a careful review of the record,
we affirm both convictions. The disorderly conduct conviction is remanded for
modification of judgment to conform to the statutory maximum
sentence.
State vs. Joe King -
M2003-01869-CCA-R3-CD View
Franklin County
- The defendant, Joe King, appeals the sufficiency of evidence to support his
conviction for theft and the amount of restitution ordered by the trial court.
After review of the entire record in this cause, we conclude that the evidence
amply supported the defendant's conviction. The issue of restitution is waived
pursuant to Rule 10(b) of the Rules of the Court of Criminal Appeals.
Christopher Brown vs. State -
M2003-01993-CCA-R3-PC View
Davidson
County - The petitioner appeals the denial of post-conviction relief
relating to his convictions for attempted first degree murder and attempted
second degree murder. On appeal, the petitioner contends: (1) he received
ineffective assistance of counsel at trial and on appeal; and (2) the trial
court erroneously instructed the jury on the definition of the "knowing" mens
rea for attempted second degree murder. We affirm the judgment of the
post-conviction court.
State vs. Raymon
Haymon - W2003-02535-CCA-R3-CO View
Dyer County -
The petitioner, Raymon Haymon, was convicted by a jury in the Dyer County
Circuit Court of first degree premeditated murder. Upon conviction, the
petitioner was sentenced to life imprisonment. Subsequently, the petitioner
filed a petition for writ of error coram nobis, alleging that one of the
witnesses at his trial had recanted his testimony. The trial court denied the
petition, finding that the petitioner failed to produce newly discovered
evidence. The petitioner appeals. Upon review of the record and the parties'
briefs, we affirm the judgment of the trial court.
State vs. Barry Long - W2003-01198-CCA-R3-CD
View
Weakley
County - The Weakley County Grand Jury indicted the defendant for
manufacturing not less than .5 ounce or more than 10 pounds of marijuana. The
Weakley County Sheriff's Department found the marijuana pursuant to a search of
the defendant's home based on a search warrant. The sheriff's department
received the search warrant based on information garnered in a non-consensual
warrantless search of a portable shed behind the defendant's home. Due to
previous drug-related charges which were later dismissed, the portable shed had
been the subject of forfeiture proceedings in 2000. The defendant made no
efforts to contest the forfeiture, but the sheriff's department also made no
efforts to remove the portable shed. The defendant filed a motion to suppress
the evidence found as a result of the search of the portable shed. After a
hearing, the trial court denied the motion. The defendant then entered a plea
of guilty and purported to reserve this certified question for appeal: Whether
or not the search of the storage shed predicated on a search warrant was
preceded and based upon a prior warrantless search. Because of the ambiguity of
the certified question as presented, we dismiss the appeal.
State vs. Richard Dewayne Jordan -
E2003-02351-CCA-R3-CD View
A
Rhea County jury convicted the defendant, Richard Dewayne Jordan, of two
counts of aggravated sexual battery and one count of incest, for which he
received an effective twelve-year sentence. On appeal, the defendant argues:
(1) the trial court improperly allowed the state to amend the indictment to
charge a different date of commission of the offenses; and (2) the indictment
failed to inform him of the charges with sufficient particularity. We remand
for correction of a clerical error in the judgment but otherwise affirm the
judgments of the trial court.
State vs. Joy
Kennedy - M2003-01745-CCA-R3-CD View
Franklin
County - The Defendant, Joy Kennedy, was found guilty by a jury of
vehicular homicide, two counts of reckless aggravated assault, and reckless
driving. However, the trial court granted the Defendant's motion for judgment
of acquittal, concluding that she had established the defense of insanity by
clear and convincing evidence. The State appealed on the ground that the trial
court erred by granting the Defendant's motion for judgment of acquittal. The
sole issue on appeal is whether a reasonable juror could have concluded that
the defense of insanity had not been established by clear and convincing
evidence. We hold that no reasonable juror could have failed to find that the
Defendant was legally insane at the time of the crimes. Therefore, we affirm
the judgment of the trial court.
State vs.
Roger Staples - M2003-01433-CCA-R3-CD View
Franklin County - The
appellant, Roger Murel Staples, was convicted by a jury of possession of more
than .5 grams of cocaine with the intent to sell or deliver. After a sentencing
hearing, the trial court sentenced the appellant to nine years as a Range I,
Standard Offender. The trial court denied a motion for new trial. In this
direct appeal, the appellant challenges the sufficiency of the evidence, his
sentence, statements made by the prosecutor during closing argument, and the
trial court's decision to admit evidence of activity at the appellant's
residence. For the following reasons, we affirm the judgment of the trial
court.
State vs. Michael Laster -
E2003-01412-CCA-R3-CD View
Sullivan
County - The appellant, Michael B. Laster, entered pleas of no contest
in the Sullivan County Criminal Court to theft of property over $1,000,
operating a motor vehicle in violation of the Motor Vehicle Habitual Offenders
Act, resisting arrest, and felony failure to appear. Pursuant to a plea
agreement, the appellant received an effective four year sentence with the
manner of service to be determined by the trial court. Following a hearing, the
trial court denied the appellant's request for alternative sentencing in the
form of community corrections, and the appellant timely appealed. Upon review
of the record and the parties' briefs, we affirm the judgments of the trial
court.
State vs. George Ratliff -
E2003-00830-CCA-R3-PC View
Washington
County - In 1998, the defendant, George E. Ratliff, was convicted of
rape of a child, a Class A felony, for raping his six-year-old daughter and was
sentenced to twenty-four years in the Department of Correction. He subsequently
filed a direct appeal and a petition for writ of error coram nobis based on the
victim's recantation of her testimony. The trial court summarily dismissed the
petition as untimely, and the defendant appealed. The direct appeal and the
error coram nobis appeal were consolidated, and this court reversed the trial
court's dismissal of the petition, remanded the matter for a hearing, and
stayed the direct appeal pending the trial court's ruling on the error coram
nobis petition. See State v. Ratliff, 71 S.W.3d 291, 293 (Tenn. Crim. App.
2001), perm. to appeal denied (Tenn. 2002). On remand, the trial court denied
the petition, and the defendant appeals. In his direct appeal, the defendant
argues that the trial court erred in denying his motion for a new trial based
upon newly discovered evidence, in denying his request for individual voir dire
of two prospective jurors, and in ruling that the amount of time that lapsed
between the victim's complaint and his arrest was irrelevant. Additionally, he
argues that his sentence is excessive. Following our review, we affirm the
defendant's conviction and sentence and affirm the trial court's denial of the
petition for writ of error coram nobis.
State
vs. Mary Murr Turner - E2004-00225-CCA-R3-CD View
Cocke County -
The defendant, Mary Murr Turner, pled guilty to accessory after the fact, and
the Cocke County trial court sentenced her to one year incarceration as a Range
I standard offender. On appeal, the defendant contends the trial court erred in
denying probation. We affirm the judgment of the trial court.
Cases posted the week of 06/07/2004
State vs. Kenneth H. Laws -
E2003-01463-CCA-R3-CD View
Washington County - Defendant, Kenneth H. Laws, was indicted by the Washington
County Grand Jury for aggravated assault, a Class C felony, and false
imprisonment, a Class A misdemeanor. Following a jury trial, Defendant was
convicted of aggravated assault and acquitted of false imprisonment. Defendant
was sentenced to serve ten years in confinement. Defendant appeals, arguing
that the evidence is insufficient to support his conviction and that his
sentence is excessive. After reviewing the record before us, we affirm the
judgment of the trial court.
James Reynolds
vs. State - M2003-00112-CCA-R3-HC View
Coffee County
- The petitioner appeals the summary dismissal of his petition for writ of
habeas corpus, arguing that the indictment, which charged him with two counts
of aggravated rape but which cited the statute for aggravated sexual battery,
failed to give him sufficient notice of the charges he would be required to
defend, thereby depriving the convicting court of jurisdiction and rendering
his judgments void. The petitioner further argues that the judgments failed to
satisfy the requirements of Rule 32(e) of the Tennessee Rules of Criminal
Procedure because they failed to reference the aggravated rape statute. Having
reviewed the entire record, we conclude that the petitioner has failed to state
a claim for habeas corpus relief. Accordingly, we affirm the judgment of the
trial court dismissing the petition for writ of habeas corpus.
Luther Haggard vs. State - M2003-02554-CCA-R3-HC
View
Davidson
County - The petitioner, Luther Haggard, filed a petition for the writ
of habeas corpus in the Davidson County Criminal Court. In the petition he
alleges that various Bradley County, Tennessee, convictions he received
pursuant to guilty pleas entered in 1997 are illegal and void. The Davidson
County Criminal Court summarily dismissed the petition. We affirm.
State vs. Randy James - M2003-01599-CCA-R3-CD
View
Humphreys
County - The Defendant, Randy James, pled guilty to felony possession
of marijuana. As part of his plea agreement, he expressly reserved with the
consent of the trial court and the State the right to appeal a certified
question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i).
The issue before us is whether the trial court erred by not suppressing the
fruits of a search where there were alleged false statements in the affidavit
supporting the search warrant. We affirm the judgment of the trial
court.
State vs. Brian Williams -
W2003-00803-CCA-R3-CD View
Madison
County - The Appellant, Brian Douglas Williams, appeals the decision
of the Madison County Circuit Court revoking his probation. In August 2002,
Williams entered "best interest" pleas to stalking, harassment, and aggravated
assault and received an effective eight-year sentence. These sentences were
suspended, and he was placed on supervised probation. On October 18, 2002, a
warrant was issued, alleging that Williams had violated a condition of his
probation by contacting the victim. After a hearing, Williams was found to be
in violation of his probation, and his original consecutive sentences to the
Department of Correction and the County Workhouse were reinstated. On appeal,
Williams argues that the evidence fails to establish that he violated his
probation. After review, the judgment of the trial court is affirmed.
State vs. Jeff Wilkes - W2003-01763-CCA-R3-CD
View
Dyer
County Circuit Court jury convicted the defendant, Jeff Wilkes, of
robbery, a Class C felony, and the trial court sentenced him as a Range I,
standard offender to six years in the Department of Correction (DOC). The
defendant appeals, claiming (1) that the evidence is insufficient to support
his conviction and (2) that his sentence is excessive. We affirm the judgment
of the trial court.
State vs. Jason Walker
- E2003-01954-CCA-R3-CD View
Blount County
- On December 17, 2001, Defendant, Jason D. Walker, entered a guilty plea in
the Blount County Circuit Court to statutory rape. Defendant was sentenced as a
Range I offender to two years to be suspended on supervised probation.
Defendant was ordered, as a condition of his probation, to attend a sex
offender treatment program, establish paternity of the child resulting from the
offense, and pay child support. A probation violation warrant was issued.
Following a revocation hearing, Defendant was sentenced to serve thirty days of
his sentence in confinement and the remainder on probation. Additional
probation violation warrants were subsequently issued. Following another
revocation hearing, the trial court revoked Defendant's probation and ordered
that Defendant serve the balance of his original sentence in confinement.
Defendant appeals the trial court's revocation of probation. After reviewing
the record, we affirm the judgment of the trial court.
Robert Morris vs. Howard Carlton -
E2004-00378-CCA-R3-HC View
Johnson County
- The petitioner, Robert Lee Morris, appeals the trial court's denial of his
petition for writ of habeas corpus. The state has filed a motion requesting
that this court affirm the trial court's denial of relief pursuant to Rule 20,
Tenn. Ct. Crim. App. R. The petition presents no cognizable claim for habeas
corpus relief. Accordingly, the state's motion is granted and the judgment of
the trial court is affirmed.
State vs.
Christopher Hein - E2003-01793-CCA-R3-CD View
Knox County - The
defendant, Christopher Kevan Hein, was charged with the first degree murder of
his girlfriend and convicted by a Knox County Criminal Court jury of the
lesser-included offense of criminally negligent homicide, a Class E felony. He
was sentenced by the trial court as a Range I, standard offender to two years
in the Department of Correction, which had already been served by the
conclusion of the trial. In this timely filed appeal as of right, he raises the
following five issues: (1) whether the trial court erred in precluding the
defense from introducing taped statements that an unavailable witness, Thomas
Hendrix, made to an undercover informant and to a Tennessee Bureau of
Investigation ("TBI") agent in which he described his participation in the
burning of the victim's body and stated that the murder was committed by George
Cate; (2) whether the trial court erred in precluding the defense from
introducing Cate's statements to law enforcement officers; (3) whether the
trial court erred in allowing an officer who was not qualified as an expert
witness to express his opinion regarding the tendency of suspects during
interrogation to minimize their involvement in crimes; (4) whether the trial
court erred in precluding the defense from calling an expert witness to rebut
the officer's opinion; and (5) whether the trial court erred in allowing the
State to present evidence of the defendant's application for food stamps, in
contravention of state and federal law. Having reviewed the record and found no
reversible error, we affirm the judgment of the trial court.
Venessa Baston vs. State - E2003-02471-CCA-R3-PC
View
Morgan
County - The petitioner appeals the denial of her post-conviction
relief petition relating to her guilty plea to felony murder for which she
received a life sentence. On appeal, the petitioner contends: (1) she received
ineffective assistance of counsel; and (2) her guilty plea was unknowingly and
involuntarily entered. We affirm the judgment of the post-conviction court.
State vs. Demetrius Currie -
W2003-01201-CCA-R3-PC View
Tipton County
- The petitioner, Demetrius Currie, pled guilty in the Tipton County Circuit
Court to two counts of especially aggravated robbery and one count of
especially aggravated burglary. The petitioner received a total effective
sentence of sixteen years incarceration in the Tennessee Department of
Correction. Subsequently, the petitioner filed for post-conviction relief,
alleging that because counsel failed to correctly inform him of his release
eligibility percentage, counsel was ineffective and the petitioner's guilty
pleas were not knowingly and voluntarily made. After a hearing, the
post-conviction court denied the petition, and the petitioner appeals. Upon
review of the record and the parties' briefs, we affirm the judgment of the
post-conviction court.
State vs. Corwin
Fitchpatrick - W2003-01799-CCA-R3-CD View
Shelby County
- The defendant, Corwin Fitchpatrick, was convicted by a Shelby County jury of
the offense of aggravated robbery. He was sentenced to fifteen years
imprisonment as a Range II multiple offender. In this appeal the defendant
maintains the evidence is insufficient to support the verdict. After a review
of the record, we find no merit to the defendant's contention; therefore the
judgment of the trial court is affirmed.
State vs. Aaron McFarland - W2003-01797-CCA-R3-PC
View
Shelby
County - The petitioner, Aaron McFarland, appeals the judgment of the
Shelby County Criminal Court denying his petition for post-conviction relief
from his conviction for first degree murder. The petitioner contends that he
was denied effective assistance of counsel. Upon review of the record and the
parties' briefs, we affirm the judgment of the post-conviction court.
State vs. Mack O'Baner - W2003-01945-CCA-R3-PC
View
Shelby
County - The petitioner, Mack A. O'Baner, was convicted by a Shelby
County jury of the offense of first degree murder. He was sentenced to life
imprisonment. On direct appeal this Court affirmed the convictions. See State
v. Mack A. O'Baner, No. W2001-00815-CCA-R3-CD, Shelby County, (filed March 15,
2002, at Jackson). On February 6, 2003, the petitioner filed a post-conviction
petition alleging that his due process rights were violated by a jury
instruction on second degree murder which failed to specify that second degree
murder committed through a "knowing killing of another" was strictly a
"result-of-conduct offense." See State v. Page, 81 S.W.3d 781, 790 (Tenn. Crim.
App. 2002). The petition also alleged that his trial and appellate counsel were
ineffective in failing to challenge the jury instructions given as being
violative of the holding in Page. The trial court summarily dismissed the
petition finding inter alia that, because he was convicted of first degree
murder the petitioner could not establish prejudice as a result of his claims.
After a review of the record and the applicable authorities we affirm the
judgment of the trial court.
State vs.
Mario Perry - W2003-02220-CCA-R3-PC View
Shelby
County - The petitioner, Mario Perry, appeals the Shelby County
Criminal Court's denial of his petition for post-conviction relief from his
guilty plea to second degree murder and resulting sentence of twenty-two years.
He contends that he received the ineffective assistance of counsel because his
trial attorney failed to explain lesser included offenses and possible defenses
with him. We affirm the trial court.
State vs.
Ronald Dotson - W2003-00259-CCA-R3-CD View
A Shelby County
jury convicted the Appellant, Ronald Dotson, of two counts of aggravated
robbery. Following a sentencing hearing, Dotson was found to be a repeat
violent offender and sentenced to two consecutive sentences of life without
parole. On appeal, Dotson argues that the trial court erred in denying his
motion for continuance based upon (1) the State's failure to provide pre-trial
discovery and (2) the court's ruling which permitted impeachment under
Tennessee Rules of Evidence 609. As a second issue, Dotson argues that the
evidence is legally insufficient to support his convictions. Finding no
reversible error, the judgments of conviction are affirmed.
State vs. Tonya Jowers - W2003-0697-CCA-R9-CD
View
Henderson
County - The defendant, Tonya Lynn Jowers, appeals the Henderson
County Circuit Court's order upholding the prosecutor's denial of pretrial
diversion for the charge of theft of property valued more than $10,000 but less
than $60,000, a Class C felony. She claims that the prosecutor abused his
discretion by failing to consider all the relevant factors. We affirm the trial
court's order denying pretrial diversion.
State vs. Michael Stitts - W2003-02383-CCA-R3-PC
View
Madison
County - The petitioner appeals his denial of post-conviction relief,
alleging ineffective counsel. Upon review, we affirm the post-conviction
court's denial.
Cases posted the week of 05/31/2004
State vs. Tony Levelle Ford -
E2003-01725-CCA-R3-CD View
Blount County -
The defendant, Tony Levelle Ford, entered guilty pleas to aggravated burglary
and conspiracy to commit aggravated robbery. The Blount County trial court
ordered the defendant to serve concurrent five-year sentences in confinement as
a Range I standard offender. On appeal, the defendant contends his sentences
are excessive. We affirm the judgments of the trial court.
State vs. Cornell Hyder - M2003-00833-CCA-R3-CD
View
Trousdale
County - The appellant, Cornell Marley Hyder, also known as Cornbread,
was convicted by a jury of one count of rape of a child, one count of rape, one
count of aggravated sexual battery, and one count of sexual battery, for which
he received an effective seventeen-year sentence. In this direct appeal, the
appellant presents the following issues for review: (1) whether the trial court
erred in refusing to allow testimony pursuant to Tennessee Rule of Evidence
412; (2) whether the trial court erred in denying the motion to suppress; (3)
whether the trial court erred in denying the motion for directed verdict; (4)
whether the trial court erred in failing to charge the jury on election of
offenses; (5) whether the evidence established the venue of the offense on the
charge of rape; and (6) whether the evidence was sufficient to support the
verdict. We affirm the convictions and sentences, but remand for correction of
the judgment forms.
State vs. Roy
Chisenhall - M2003-00956-CCA-R3-CD View
Marion County -
The appellant, Roy Chisenhall, was convicted by a jury of aggravated sexual
battery. After a sentencing hearing, he was sentenced to eight years and nine
months and, as recommended by the jury, assessed a $25,000 fine. The trial
court denied his motion for new trial. In this direct appeal, the appellant
challenges the sufficiency of the evidence, the jury instruction on flight, the
jury instruction on aggravated sexual battery, and the absence of a jury
instruction on corroboration of accomplice testimony. After a review of the
record and applicable authorities, we affirm the decision of the trial court.
State vs. Carter Masters -
M2003-00305-CCA-R3-CD View
Overton County
- The defendant, Carter Masters, was convicted by a jury of two counts of
especially aggravated kidnapping, aggravated burglary, and aggravated assault.
The trial court imposed concurrent sentences of twenty years for each
kidnapping, four years for the burglary, and three years for the aggravated
assault. In this appeal of right, the defendant asserts that he was denied due
process because the mental health expert retained by trial counsel was
incompetent. In the alternative, he argues that trial counsel was ineffective
for failing to select a competent psychologist. The defendant also asserts that
his due process rights were offended by the state's cross-examination of the
defense psychologist. The judgments of the trial court are affirmed.
State vs. Eric Armstrong - M2003-00762-CCA-R3-CD
View
Williamson
County - The appellant, Eric T. Armstrong, was convicted by a jury in
the Williamson County Circuit Court of aggravated robbery and especially
aggravated kidnapping. Following a hearing, the trial court sentenced the
appellant to an effective sixteen year sentence in the Tennessee Department of
Correction. On appeal, the appellant challenges the sufficiency of the
evidence, the denial of the motion to suppress Lara Carter's identification of
the appellant, the constitutionality of the jury venire, and his conviction of
especially aggravated kidnapping under State v. Anthony, 817 S.W.2d 299 (Tenn.
1991). Upon review of the record and the parties' briefs, we affirm the
judgments of the trial court.
Jerry Dickerson
vs. State - E2003-02854-CCA-R3-PC View
Johnson
County - Petitioner, Jerry W. Dickerson, appeals from the trial
court's dismissal of his pro se petition for writ of habeas corpus. Petitioner
alleges that his conviction and sentence are void because the trial record was
improperly authenticated and contained inaccuracies. Following a review of the
record in this matter, we affirm the judgment of the trial court.
State vs. Jamie Crawford - E2003-02192-CCA-R3-CD
View
Sullivan
County - Following a revocation hearing, the trial court revoked the
probation of Defendant, Jamie Michelle Crawford, and ordered her to serve the
remainder of her sentence in confinement. Defendant does not appeal the
revocation of her probation but argues that the trial court erred in not
imposing a sentence of split confinement. After a thorough review of the record
in this matter, we affirm the judgment of the trial court revoking probation
and ordering Defendant to serve her sentence in confinement.
Robert L. Drew vs. State - M2003-00593-CCA-R3-PC
View
Davidson
County - The petitioner, Robert L. Drew, appeals the denial of his
petition for post-conviction relief. The issue is whether he was denied the
effective assistance of counsel. The judgment of the post-conviction court is
affirmed.
State vs. Salvatore Brunetti -
M2003-00476-CCA-R3-CD View
Dickson
County - The defendant, Salvatore Brunetti, was convicted of voluntary
manslaughter. The trial court imposed a sentence of five years in the
Department of Correction. In this appeal, the defendant asserts that the trial
court erred by denying an alternative sentence. The judgment of the trial court
is affirmed.
David Hartsell vs. State -
E2003-03080-CCA-R3-PC View
Washington
County - The petitioner, David Johnson Hartsell, appeals the order of
the Circuit Court for Washington County dismissing his post-conviction relief
petition. The State has filed a motion requesting that this Court affirm the
trial court's denial of relief pursuant to Rule 20, Rules of the Court of
Criminal Appeals. The petition fails to present a cognizable claim for relief.
Accordingly, the State's motion is granted and the judgment of the trial court
is affirmed.
State vs. David Hester -
E2003-01507-CCA-R3-CD View
Sevier County -
The defendant, David Hester, pled guilty to statutory rape. The trial court
imposed a one-year sentence to be served on supervised probation and directed
community service. In this appeal, he asserts that the trial court erred by
denying judicial diversion. The judgment of the trial court is
affirmed.
State vs. Donald Keel -
W2003-00638-CCA-R3-CD View
Gibson County -
The Appellant, Donald Keel, was convicted in the Gibson County Circuit Court of
aggravated perjury, felon in possession of a handgun, and assault. Keel's
sentence for aggravated perjury was imposed consecutively to his concurrent
sentences for unlawful weapon possession and assault. On appeal, he raises two
issues for our review: (1) whether the evidence is sufficient to support his
conviction for aggravated perjury and (2) whether consecutive sentencing is
proper. After review of the record, we affirm the conviction and subsequent
sentencing decision.
State vs. Billy Rich -
W2003-01495-CCA-R3-CD View
Chester County -
The Appellant, Billy Gene Rich, was convicted of driving under the influence
(DUI), second offense, and was sentenced to serve eleven months and twenty-nine
days in jail. On appeal, Rich argues that: (1) the evidence is insufficient to
support his conviction and (2) his sentence is excessive. After review, the
conviction and sentence are affirmed.
Cases posted the week of 05/24/2004
State vs. Sedley Alley - W2004-01204-CCA-R3-PD
View
Shelby
County - In 1985, Petitioner, Sedley Alley, was convicted of the
crimes of aggravated rape, kidnapping, and first degree murder. The jury fixed
his punishment at death for first degree murder and the trial court imposed
consecutive forty-year sentences for kidnapping and aggravated rape. Petitioner
Alley filed a petition to compel testing of evidence under the Post-Conviction
DNA Analysis Act of 2001. The post-conviction court denied the petition, and
Petitioner Alley timely appealed. This Court expedited review of this matter.
Upon review of the record and the responses by both parties, we affirm the
judgment of the post-conviction court.
State
vs. Ronald Killebrew - W2003-02008-CCA-R3-CD View
Shelby County
- The Appellant, Ronald Killebrew, was convicted of being a felon in possession
of a handgun, a class E felony, following a jury trial. The trial court
sentenced Killebrew, as a Range II multiple offender, to three years and six
months in the Shelby County Workhouse. On appeal, Killebrew raises the single
issue of whether the evidence was sufficient to support the verdict. After
review of the record, we affirm the conviction.
State vs. Timerell Nelson - W2003-01474-CCA-R3-CD
View
Shelby
County - The Appellant, Timerell Nelson, appeals the verdict of a
Shelby County jury finding him guilty of first degree felony murder. On appeal,
Nelson raises the single issue of whether the evidence is sufficient to support
his conviction. After review, we find the evidence to be more than sufficient.
Accordingly, the judgment of conviction is affirmed.
State vs. Darrell Sanderlin - W2003-01546-CCA-R3-CD
View
Haywood
County - The Appellant, Darrell Sanderlin, appeals from the sentencing
decision of the Haywood County Circuit Court. Sanderlin pled guilty to one
count of child abuse of his six-year-old son, a class D felony. Pursuant to a
negotiated plea agreement, he was sentenced as a Range I, standard offender,
with the length and manner of service to be determined by the trial court.
Following a sentencing hearing, the trial court imposed a sentence of four
years incarceration. On appeal, Sanderlin argues that the trial court erred by
ordering a sentence of total confinement rather than a less restrictive
alternative. After review, the sentencing decision is affirmed.
Matthew Moates vs. State - E2003-01926-CCA-R3-PC
View
Monroe
County - The petitioner, Matthew L. Moates, appeals the Monroe County
Criminal Court's denial of his petition for post-conviction relief from his
conviction for aggravated robbery and resulting sixteen-year sentence. He
claims (1) that he received the ineffective assistance of counsel because his
attorney failed to call witnesses to testify at trial about the length of his
hair at the time of the robbery, (2) that the state improperly struck an
African-American juror from the jury, (3) that he is entitled to a new trial
because he was not present during a conference in which the state and his trial
attorney discussed the African-American juror's dismissal, and (4) that a state
witness improperly communicated with a juror during his trial. We affirm the
trial court's denial of the petition.
State
vs. Anthony Carter - E2003-02172-CCA-R3-CD View
Hamilton
County - The defendant, Anthony Lebron Carter, appeals the revocation
of his probation. We affirm the judgment of the trial court.
State vs. Daniel Wade Wilson -
E2003-02070-CCA-R3-CD View
Sullivan
County - The defendant, Daniel Wade Wilson, appeals as of right from
his convictions by a jury in the Sullivan County Criminal Court for first
degree felony murder and especially aggravated robbery, a Class A felony. The
trial court sentenced the defendant to consecutive sentences of life in prison
for the first degree felony murder conviction and twenty-three years for the
especially aggravated robbery conviction. He contends that the evidence is
insufficient to convict him of felony murder or especially aggravated robbery
and that the trial court erred by ordering consecutive sentences. We affirm the
judgments of the trial court.
State
vs. Herbert Russell Johnson, Alias - E2003-02580-CCA-R3-CD View
Knox
County - The defendant, Herbert Russell Johnson, appeals the
revocation of his probation, arguing that the trial court erred in failing to
consider further alternatives to incarceration before revoking his probation
and ordering the reinstatement of his original sentence. Because the record
reveals there was substantial evidence in support of the trial court's
decision, we affirm the judgment of the trial court.
State vs. Brian Keith Jackson -
E2003-00606-CCA-R3-CD View
Hamilton County
- The Defendant, Brian Keith Jackson, was found guilty by a jury of second
degree murder. In this direct appeal, he argues (1) that the trial court erred
by refusing to play a pornographic video tape for the jury after it was
admitted into evidence, and (2) that the evidence is legally insufficient to
sustain his conviction. Although the trial court did err by not playing the
video in front of the jury, the error was harmless. Furthermore, because the
evidence is sufficient to sustain the defendant's conviction, we affirm the
judgment of the trial court.
State vs. Danny Avery Stewart and Dorothy
Ann Stewart - M2003-00664-CCA-R3-CD View
Davidson
County - The defendants, Danny Avery Stewart and Dorothy Ann Stewart,
pled guilty to numerous drug charges and received effective sentences of
thirty-one years and forty-two years, respectively. Their only contention on
appeal is that their sentences are excessive because the trial court erred in
the application of several enhancement factors. We conclude that the defendants
have failed to show that the trial court erred in sentencing. The judgments of
the trial court are affirmed.
Marcus W.
Keener vs. State - M2003-01531-CCA-R3-PC View
Lawrence County -
The Defendant, Marcus W. Keener, petitioned for post-conviction relief from his
jury-trial conviction of second degree murder, alleging ineffective assistance
of counsel. The trial court denied relief after an evidentiary hearing. The
defendant now appeals. We affirm the judgment of the trial court.
State vs. Fred Allen Owens - E2003-02003-CCA-R3-CD
View
Knox County
- The Defendant, Fred Allen Owens, was convicted by a jury of second degree
murder. The trial court sentenced the Defendant as a Range II multiple offender
to thirty-five years in the Department of Correction. In this direct appeal,
the Defendant challenges several of the trial court's evidentiary rulings and
also challenges the sufficiency of the evidence supporting his conviction. We
affirm the judgment of the trial court.
State
vs. Cary Davis - W200-01202-CCA-R3-CD View
The Tipton
County Grand Jury indicted the defendant for one count of aggravated
assault. After a jury trial, the defendant was found guilty of aggravated
assault. He was sentenced to three years as a Range I Standard Offender. The
trial court ordered the defendant to serve 180 days in incarceration and the
balance of the sentence in community corrections. The defendant argues two
issues in his appeal: (1) there was insufficient evidence to convict him of
aggravated assault because he was acting in self-defense; and (2) the trial
court erred in denying the defendant full probation. We affirm the actions of
the trial court.
State vs. Clay Jones -
W2003-01205-CCA-R3-CD View
(Concur)- View
Madison County
- The Appellant, Clay Jones, appeals from the judgment of the Madison County
Circuit Court revoking his community corrections sentences. In May of 2001,
Jones pled guilty to two counts of sale of a counterfeit controlled substance.
Pursuant to a negotiated plea agreement, Jones received concurrent two-year
sentences with placement in the Community Corrections Program. On October 22,
2002, a warrant was issued alleging violations of his behavioral contract.
However, the warrant only listed one indictment number. Following a revocation
hearing, he was found in violation of his community corrections sentences under
both indictment numbers. On appeal, Jones raises the following issues for our
review: (1) whether, prior to waiver of his right to counsel and subsequent
inculpatory admissions at the revocation hearing, due process required the
trial court to inform him that he could be resentenced to consecutive terms if
his sentences were revoked; (2) whether lack of proper notice of revocation
deprived him of due process; and (3) whether resentencing him to consecutive
terms was proper. After review, we affirm the trial court's revocation of
Jones' sentence in the case in which notice was received. However, with regard
to revocation of his sentence in which no notice was received, we find that the
proceedings failed to afford fundamental due process protections and reverse
the trial court's order of revocation.
State
vs. Michael Armstrong - W2003-00317-CCA-RM-CD
View
Shelby
County - On May 22, 2001, the defendant, Michael Armstrong, entered a
plea of nolo contendere to the offense of operating a motor vehicle after
having been declared a habitual motor vehicle offender and banned from driving.
He was sentenced to one year in the work house and one year of probation. The
defendant reserved a certified question for appeal pursuant to Tennessee Rule
of Criminal Procedure 37(b)(2)(i). This question concerns the admissibility
into evidence of the defendant's statement to police that he had driven to the
police station to report two cars stolen from his employer. This statement was
made in response to a police officer's question as to how the defendant had
gotten to the station. This question was asked after the police officer had
found out the defendant was an habitual motor vehicle offender whose Tennessee
driver's license was revoked, but before any Miranda warnings were given to the
defendant. The defendant's response to this question formed the basis of his
arrest. The trial court denied the defendant's motion to suppress concluding
that the defendant was not in custody at the time he answered the officer's
question. We find that the record clearly indicates the defendant was not in
custody at the time he admitted he had driven to the police station and that
therefore no Miranda warnings were required. The judgment of the trial court is
therefore AFFIRMED.
State vs. Marvin
Matthews - W2003-02980-CCA-R3-PC View
Shelby County
- The Petitioner, Marvin Anthony Matthews, appeals the trial court's summary
dismissal of his petition for post-conviction relief. The State has filed a
motion requesting that this Court affirm the trial court's denial of relief
pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petition for
post-conviction relief is barred by the statute of limitations. Accordingly,
the State's motion is granted and the judgment of the trial court is affirmed.
State vs. Eddie Williams -
W2004-00056-CCA-R3-HC View
Lauderdale
County - This matter is before the Court upon the State's motion to
affirm the judgment of the trial court by order pursuant to Rule 20, Rules of
the Court of Criminal Appeals. The Petitioner appeals the trial court's denial
of habeas corpus relief. The Petitioner fails to assert a cognizable ground for
habeas corpus relief. Accordingly, the State's motion is granted and the
judgment of the trial court is affirmed.
Raymond R. Kennebrew vs. State -
E2003-01896-CCA-R3-PC View
Hamilton
County - The petitioner, Raymond R. Kennebrew, appeals the denial of
post-conviction relief. In this appeal of right, the petitioner asserts (1)
that his pleas were neither knowingly nor voluntarily entered and (2) that he
was denied the effective assistance of counsel. The judgment is
affirmed.
Adrian Lenox vs. State -
M2003-00482-CCA-R3-PC View
Davidson
County - The petitioner appeals the post-conviction court's denial of
his petition for post-conviction relief, in which he alleged ineffective
assistance of counsel. We conclude that the petitioner has failed to establish
that he received ineffective assistance of counsel. We affirm the denial of
post-conviction relief
State vs. Eric
Pendleton - M2003-01762-CCA-R3-CD View
Davidson
County - The petitioner was convicted of first degree murder and
aggravated assault on July 29, 1987. On January 22, 2003, the petitioner filed
a pro se petition for writ of error coram nobis. On May 14, 2003, the State
filed a motion to dismiss the petition without a hearing, and this motion was
granted on May 15, 2003. We conclude that the trial court did not err in
finding that the petition is time barred, and the petitioner has not advanced
any grounds for which the statute of limitations should be tolled.
Donald Moore vs. State - M2002-02417-CCA-MR3-PC
View
Davidson
County - The petitioner, Donald Terry Moore, appeals the denial of his
petition for post-conviction relief. In this appeal, he asserts that (1) he did
not receive the effective assistance of counsel and (2) the post-conviction
court erred by denying his motion to re-open the petition after the close of
proof. The judgment of the post-conviction court is affirmed.
Cases posted the week of 05/17/2004
State vs. Mario Hernandez Castillo -
E2003-01250-CCA-R3-CD View
Grainger
County - A Grainger County jury convicted the defendant of
premeditated first degree murder, felony murder, especially aggravated robbery,
and theft under $500. The trial court merged the felony murder conviction into
the premeditated first degree murder conviction and ordered the defendant to
serve an effective life sentence. The defendant raises the following issues on
appeal: (1) whether the trial court erred in failing to suppress his statement
to law enforcement officials; (2) whether the trial court erred in failing to
allow the defense to introduce proof that the victim regularly dealt in illegal
drugs and firearms; and (3) whether the evidence was sufficient to sustain his
murder convictions. We remand for entry of an order merging the theft
conviction into the especially aggravated robbery conviction but otherwise
affirm the judgments of the trial court.
State
vs. Bobby R. Dyer - M2002-03140-CCA-R3-CD View
Williamson County
- Bobby R. Dyer appeals from his Williamson County Circuit Court convictions of
aggravated burglary and theft of property valued at $1,000 to $9,999. He claims
that his theft conviction is not supported by sufficient evidence and that he
was improperly sentenced. Because we are unconvinced of reversible error, we
affirm.
State vs. Shawn Hazeltine -
M2003-01292-CCA-R3-CD View
Marshall
County - A Marshall County jury convicted the Defendant, Shawn Edward
Hazeltine, of three counts of aggravated assault and three counts of reckless
endangerment. The trial court merged the reckless endangerment convictions with
the aggravated assault convictions and then sentenced the Defendant to an
aggregate seven years and seven months in prison. On appeal, the Defendant
contends that: (1) insufficient evidence exists to support the convictions; (2)
the trial court erred in not consolidating the three counts of reckless
endangerment; and (3) the trial court erred by not ordering alternative
sentencing and by ordering consecutive sentencing. We conclude that sufficient
evidence exists in the record to support the Defendant's convictions and that
the trial court did not err in sentencing the Defendant. However, we conclude
that the trial court erred by failing to consolidate the three reckless
endangerment convictions into one conviction. We further conclude that the
trial court erred by entering a judgment form for Count 2 showing a conviction
for reckless aggravated assault, because the trial court dismissed Count 2 of
the indictment. Therefore, we remand the case to the trial court for further
proceedings consistent with this opinion.
Frank
Bright vs. State - M2003-00239-CCA-R3-PC Rehear Order
View
Howard Buchanan vs. State - M2003-01815-CCA-R3-PC
View
Dickson
County - The petitioner, Howard Eugene Buchanan, was convicted by a
jury in the Dickson County Circuit Court of aggravated kidnapping, assault, and
evading arrest. He received a total effective sentence of eighteen years
incarceration in the Tennessee Department of Correction. Subsequently, the
petitioner filed a petition for post-conviction relief, alleging that the trial
court erred in failing to instruct the jury as to the defense of alibi and that
he received the ineffective assistance of counsel. After a hearing, the
post-conviction court denied the petition, and the petitioner appeals. Upon
review of the record and the parties' briefs, we affirm the judgment of the
post-conviction court.
State vs. Jeffery
Mason - M2002-01709-CCA-R3-CD View
(Dissent) - View
Giles County -
The defendant, Jeffery Lee Mason, was indicted for attempted first degree
murder, felony escape and theft over $1000. He was convicted by a jury of
attempted voluntary manslaughter and theft over $1000. He entered a plea of
guilty to felony escape. The trial court imposed sentences of four years for
attempted voluntary manslaughter, four years for theft over $1000, and two
years for felony escape, to be served consecutively for an effective sentence
of ten years. In this appeal of right, he asserts (1) that the evidence is
insufficient to support the convictions for attempted voluntary manslaughter
and theft over $1000; (2) that the trial court erred by instructing the jury on
attempted voluntary manslaughter as a lesser included offense of attempted
first degree murder; and (3) that the sentence is excessive. The judgments of
the trial court are affirmed.
Leon Phillips
vs. State - M2002-02090-CCA-R3-PC View
Bedford
County - The petitioner, Leon Terrell Phillips, pled guilty in the
Bedford County Circuit Court to attempted first degree murder and received a
sentence of thirty years incarceration in the Tennessee Department of
Correction, which sentence was to be served at thirty percent. Subsequently,
the petitioner filed a petition for post-conviction relief, alleging that he
received the ineffective assistance of counsel. The post-conviction court
dismissed the petition, and the petitioner appeals. Finding no error, we affirm
the judgment of the post-conviction court.
State vs. Timmy Reagan - M2002-01472-CCA-R3-CD
View
Overton
County - The defendant, Timmy Reagan, appeals as of right from his
convictions by a jury in the Overton County Circuit Court for first degree,
premeditated murder and first degree murder by placing or discharging a
destructive device or bomb. The defendant was sentenced to life in prison for
each conviction, and the trial court ordered that his sentences be merged. He
contends that: (1) the evidence is insufficient to support the convictions; (2)
the trial court erred by denying his motion to suppress pictures of the victim;
(3) the trial court erred by denying his motion for a change of venue; (4) the
trial court erred by denying his motion for the appointment of a jury selection
expert; (5) the trial court erred by not using the jury questionnaire that he
prepared; (6) the trial court erred by admitting the victim's statements as
dying declarations; (7) the trial court erred by allowing Dr. Charles Harlan to
testify about the location of the dynamite when it detonated; (8) the trial
court erred by allowing Agent Richard Campbell to testify; (9) the trial court
erred by admitting into evidence a weather report for the date of the
explosion; (10) Tennessee Code Annotated § 39-13-202(a)(3) is
unconstitutional; (11) the judgments of conviction for premeditated murder and
murder by the illegal placing of an explosive device should have been merged;
and (12) the defendant is entitled to relief based on cumulative errors. We
hold that the defendant's conviction for first degree murder should be
affirmed. We also hold that in attempting to merge the first degree murder
convictions, the trial court incorrectly entered two judgments of conviction
instead of one that notes the merger of the counts. This case is remanded to
correct the judgments.
State vs. Carey
Richmond - E2003-01316-CCA-R3-CD View
Sullivan
County - The defendant, Carey Stanford Richmond, appeals from the
Sullivan County Criminal Court's imposition of incarcerative sentencing for
numerous conviction offenses and for an additional probation violation. She
claims that she was entitled to alternative sentences, and because we disagree,
we affirm.
State vs. Reginald Sudderth -
E2003-00333-CCA-R9-CD View
Knox County -
In 1998, the defendant, through former counsel, entered into a letter agreement
with the Blount County District Attorney General which provided that he would
be granted immunity for the murder of Andre Jackson if he provided information
and cooperated in the prosecution of the murder of Gary Huskey and passed a
polygraph examination administered by the Federal Bureau of Investigation
("FBI") as to the Huskey murder. The defendant subsequently was indicted for
first degree murder and conspiracy to commit first degree murder. He then filed
a motion to dismiss the indictment, claiming, inter alia, that the polygraph
was unfair, that he had not failed the test, and that the State breached its
agreement to provide another polygraph. Following hearings, the trial court
dismissed the motion, and the defendant filed an interlocutory appeal. After
review, we affirm the judgment of the trial court dismissing the motion, but
remand for entry of corrected minutes reflecting that the trial court denied
the defendant's motion to dismiss.
State vs.
Terry McCulloch - E2003-01901-CCA-R3-CD View
Loudon County
- The defendant, Terry R. McCulloch, pled guilty to DUI, third offense, and
driving on a revoked license, reserving as a certified question of law whether
the trial court erred in denying his motion to suppress evidence obtained as a
result of a driver's license roadblock stop. On appeal, he argues that the
roadblock stop was unconstitutional. Following our review, we reverse the
judgment of the trial court and dismiss the charges against the
defendant.
Cases posted the week of 05/10/2004
James Ray Bartlett vs. State -
M2003-00571-CCA-R3-HC View
The
petitioner, James Ray Barlett, filed a petition for writ of habeas corpus in
the Wayne County Circuit Court, alleging that his sentence was expired.
After examining the record, the trial court dismissed the petition. The
petitioner appeals. Upon review of the record and the parties' briefs, we
affirm the judgment of the trial court.
State
vs. Harold Garland Mabry, Jr. - M2002-01867-CCA-R3-CD View
The appellant, Harold Garland
Mabry, Jr., pled guilty in the Davidson County Criminal Court to
possession of .5 grams or more of cocaine and possession of a firearm during a
felony. Pursuant to the plea agreement, the appellant received a total
effective sentence of eight years incarceration in the Tennessee Department of
Correction. As a condition of his plea, the appellant reserved a certified
question of law concerning the validity of the search warrant underlying the
search of his residence. Upon our review of the record and the parties' briefs,
we affirm the judgments of the trial court.
Bernard Kane Johnson vs. State -
E2003-02140-CCA-R3-PC View
Knox
County - Following an evidentiary hearing on the issue whether Bernard
Kane Johnson, the petitioner, had been denied effective assistance of counsel,
the post-conviction court determined that no constitutional violation had been
shown and that the petitioner's sexual battery, aggravated kidnapping, and
aggravated assault convictions were not void or voidable. Finding no error, we
affirm the post-conviction court's dismissal of the petition.
State vs. Brandon Shawn Jones -
E2003-02050-CCA-R3-CD View
Knox County -
The defendant, Brandon Shawn Jones, pled guilty to burglary of a motor vehicle
and possession of burglary tools. The Knox County Criminal Court ordered the
defendant to serve an effective two-year sentence with 120 days in confinement
followed by probation. The defendant appeals the denial of total probation. We
affirm the judgments of the trial court.
Larry Stephen Brumit vs. State -
M2003-00488-CCA-R3-PC View
Rutherford
County - The petitioner, Larry Stephen Brumit, filed for
post-conviction relief from 1996 convictions for two counts of first degree
murder and one count of conspiracy to commit first degree murder. The
post-conviction court denied the petition. In this appeal, the petitioner
argues (1) that the petition was not barred by the applicable statute of
limitations; and (2) that he was denied the effective assistance of counsel.
The judgment is affirmed.
State
vs. Bryan Christopher Hester - M2003-00503-CCA-R3-CD View
A Davidson
County Criminal Court jury convicted the defendant, Bryan Christopher
Hester, of second degree murder, a Class A felony, and the trial court
sentenced him as a Range I, violent offender to twenty-five years in
confinement. The defendant appeals, claiming that (1) the evidence is
insufficient to support his conviction; (2) the trial court erred by denying
his motion to continue when the state revealed three days before trial that the
victim had been taking an antidepressant and seeing a psychiatrist; (3) the
trial court erred by allowing hearsay into evidence; (4) the trial court erred
by allowing the state to introduce a bow saw into evidence; (5) the trial court
erred by allowing a witness to testify about experiments conducted on the
murder weapon when the state failed to prove the chain of custody; (6) the
trial court erred by allowing the state medical examiner to testify; and (7)
the defendant's sentence is excessive. We conclude that the trial court erred
by allowing hearsay into evidence but that the error was harmless. We also
conclude that the defendant's sentence is not excessive, and we affirm the
judgment of the trial court.
Randy D.
Vowell vs. State - E2003-01987-CCA-R3-PC View
The petitioner appeals the
Anderson County Criminal Court's denial of habeas corpus relief relating
to his convictions for aggravated rape and rape. On appeal, the petitioner
contends the original sentencing court erred in amending the judgments to
reflect 100% release classification after they became final. We affirm the
lower court's judgment denying habeas corpus relief.
State vs. William F. Cartwright -
M2003-00483-CCA-R3-CD View
The defendant, William
F. Cartwright, appeals as of right from his convictions by a jury in the
Putnam County Criminal Court for possession with intent to deliver
one-half gram or more of cocaine, a Class B felony, and simple possession of
cocaine, a Class A misdemeanor. The trial court sentenced him as a standard
offender to concurrent sentences of nine years for possession of one-half gram
or more of cocaine with intent to deliver and eleven months, twenty-nine days
for simple possession of cocaine. However, the trial court ordered these
convictions merged. The petitioner contends (1) that the evidence is
insufficient to support his conviction for possession with intent to deliver
one-half gram or more of cocaine, (2) that the trial court erred in not
requiring the state to elect which offense it was prosecuting, and (3) that his
convictions for possession with intent to deliver one-half gram or more of
cocaine and for simple possession of cocaine violate double jeopardy. We hold
that the evidence is sufficient and that the trial court did not err by not
requiring the state to elect between offenses with regard to his cocaine
convictions. We also hold that although the trial court ordered the cocaine
convictions to be merged, it should have entered only one judgment of
conviction and noted the merger of the counts in that judgment. We vacate the
judgments and remand the case for entry of a single judgment of conviction.
Michael D. Hughes vs. State -
M203-00819-CCA-R3-PC View
Davidson
County - On November 30, 1992, the petitioner, Michael Douglas Hughes,
entered a plea of no contest to one (1) count of aggravated rape and a plea of
guilty to ten (10) counts of aggravated rape. He received an effective
eighty-year sentence after a sentencing hearing. The petitioner's sentence was
affirmed in a delayed appeal. See State v. Michael Douglas Hughes, No.
01C01-9701-CR-00021, 1998 WL 301730, at *1 (Tenn. Crim. App. at Nashville, June
10, 1998), perm. to appeal denied (Tenn. Feb. 22, 1999). The petitioner sought
post-conviction relief on various grounds. After the trial court denied the
petition as untimely, the petitioner appealed. This Court reversed the trial
court's dismissal of the petition and remanded for an evidentiary hearing. See
Hughes v. State, 77 S.W.3d 801 (Tenn. Crim. App. 2001). On remand, the trial
court denied the petition after an evidentiary hearing. The petitioner then
presented this appeal, arguing that the trial court erred finding that the
petitioner received the effective assistance of counsel and that his guilty
plea was knowingly and voluntarily entered. We affirm the dismissal of the
petition.
Ronald L. Johnson vs Flora
Holland, Warden - M2003-01992-CCA-R3-HC View
The petitioner, Ronald L.
Johnson, appeals as of right from the Davidson County Criminal Court's
summary dismissal of his petition for writ of habeas corpus. He argues that his
convictions for two counts of passing worthless checks are void because they
were not ordered to be served consecutively to a sentence from which he had
been paroled at the time of the check offenses, his parole subsequently being
revoked. The habeas corpus court dismissed his petition without a hearing, and
we affirm that action.
Don Wesley McMillen
vs. State - M2003-00879-CCA-R3-PC View
Coffee County
- The petitioner, Don Wesley McMillen, entered a plea of guilty to two (2)
counts of attempted rape of a child in May of 1998. In exchange for the guilty
pleas, the petitioner received concurrent, seventeen-year sentences at 35% as a
Range II Offender. The petitioner timely filed a petition for post-conviction
relief arguing that he received ineffective assistance of counsel and that his
guilty plea was not knowing or voluntary because the trial court violated the
provisions of State v. Mackey, 553 S.W.2d 337 (Tenn. 1977). The trial court
denied the petition following an evidentiary hearing and this appeal followed.
We affirm the dismissal of the post-conviction petition.
Patrick E. Simpson vs. State -
M2003-01750-CCA-R3-HC View
Davidson
County - The petitioner, Patrick E. Simpson, pled guilty to two counts
of aggravated assault and was sentenced to concurrent terms of three years to
be served consecutively to his parole violation. He appeals the summary
dismissal of his petition for habeas corpus relief, arguing that the trial
court failed to enforce his guilty plea agreement and that his sentence has
expired. Following our review, we affirm the dismissal of the petition.
State vs. Roxanne R. Vance -
M2003-01748-CCA-R3-CD View
Davidson
County - Following a bench trial, the defendant, Roxanne R. Vance, was
convicted of DUI per se, a Class A misdemeanor, and was sentenced to eleven
months, twenty-nine days, all suspended except seven days with the balance to
be served on probation. In addition, her driver's license was suspended for one
year and she was ordered to pay a fine of $350 and attend alcohol and drug
safety school. On appeal, she argues that the trial court erred in finding that
her breath alcohol test results created an irrebuttable presumption of DUI per
se and that the evidence was insufficient to support her conviction. Based upon
our review, we affirm the judgment of the trial court.
State vs. Jarret A. Guy - M2002-02473-CCA-R3-CD View
Davidson County - The
defendant, Jarret A. Guy, was convicted of facilitation of first degree
premeditated murder, felony murder, and robbery. The trial court merged the
facilitation of premeditated first degree murder conviction into the conviction
for felony murder and, after finding the existence of five aggravating
circumstances, the jury imposed a sentence of life without the possibility of
parole. The trial court imposed a concurrent sentence of fifteen years for the
robbery conviction. In this appeal, the defendant asserts that (1) the evidence
is insufficient to support his convictions; (2) the trial court included
erroneous definitions of "knowing" and "intentional" in its instructions to the
jury; (3) the trial court erred by severing his trial from that of his
co-defendant, Jacob Edward Campbell; (4) the sentence is excessive; and (5) the
cumulative effect of the errors at trial require reversal. The judgments of the
trial court are affirmed.
State vs. John
Brian Messer - M2003-00663-CCA-R3-CD View
Rutherford County
- The defendant, John Brian Messer, entered a plea of guilt to robbery. See
Tenn. Code Ann. § 39-13-401. Pursuant to a plea agreement, the trial court
ordered the sentence of four and one-half years in the Department of Correction
to be served on probation. After the entry of the second violation of the terms
of his probation, the trial court ordered that the defendant serve the sentence
originally imposed. The defendant sought to withdraw his plea, arguing that the
state had violated the plea agreement. After finding that it lacked
jurisdiction, the trial court denied the motion without a hearing. In this
appeal of right, the defendant contends that the trial court erred by denying
the motion to withdraw the guilty plea without appointing counsel and holding a
hearing. The judgment of the trial court is affirmed.
State vs. James D. Rowland -
M2003-00878-CCA-R3-CD View
Rutherford County
- This appeal involves review of a certified question of law following the
Defendant, James D. Rowland's, guilty plea to DUI. See Tenn. R. Crim. P.
37(b)(2)(1). Because we find that the certified question is not dispositive, we
are without jurisdiction to entertain the appeal. Accordingly, the appeal is
dismissed.
State vs. Jama Elaine Penley -
E2003-00820-CCA-R3-CD View
The
appellant, Jama Elaine Penley, was convicted by a Greene County jury of
facilitation of first degree premeditated murder, a Class A felony. Following a
sentencing hearing, the trial court sentenced the appellant as a Range I
standard offender to twenty-five years in the Tennessee Department of
Correction. On appeal, the appellant challenges the denial of her motion for
judgment of acquittal and the sentence imposed by the trial court. Upon review
of the record and the parties' briefs, we remand to correct a clerical error in
the judgment but otherwise affirm the judgment of the trial court.
Patrick D. Paris vs. State -
E2003-01930-CCA-R3-PC View
Hamilton
County - The petitioner, Patrick D. Paris, appeals the denial of his
post-conviction relief petition relating to his convictions for attempted first
degree murder and especially aggravated robbery. On appeal, the petitioner
contends: (1) he received ineffective assistance of counsel at trial; and (2)
the trial court erred in failing to charge attempted voluntary manslaughter as
a lesser-included offense of attempted first degree murder. We affirm the
judgment of the post-conviction court.
State vs. Stanley Ray Davis In Re: Ray D.
Driver, d/b/a Driver Bail Bonds - E2003-00765-CCA-R3-CD View
(Dissent) -
View
Ray D. Driver appeals the
Campbell County Criminal Court's judgment requiring his bail bonding
company, Driver Bail Bonds, to pay $570.50 as a bond forfeiture because Stanley
Ray Davis failed to appear at a general sessions court probation hearing. The
appellant contends that T.C.A. § 40-11-138(b) relieved his company from
liability under the bond because the defendant already had pled guilty and been
sentenced. He also claims that his company is not liable for the defendant's
fine and costs because his compan