The following Opinions are available for download:
Cases posted the week of 09/22/2003
State vs. Charles Sawyer -
M2001-01062-CCA-R9-CO View
Marshall
County - A Marshall County grand jury indicted the defendant, Charles
Wayne Sawyer, for aggravated sexual battery. The defendant filed a motion to
suppress a statement that he allegedly made to the police without first being
advised of his rights under Miranda. He made the alleged statement in response
to a police officer's reading of the affidavit of complaint supporting his
arrest warrant. The trial court, after conducting an evidentiary hearing,
granted the defendant's motion to suppress his statement, finding that the
reading of the affidavit was the functional equivalent of interrogation and
therefore should have been prefaced by an admonishment of the defendant's
constitutional rights. The state, with the trial court's permission, filed an
interlocutory appeal, and pursuant to the state's Rule 9 application, this
Court agreed to review the state's appeal. After reviewing the evidentiary
hearing and other materials presented to this Court, we find that the trial
court properly suppressed the defendant's statement and therefore affirm the
judgment below.
State vs. William Eblen -
E2002-01221-CCA-R3-CD View
Knox County -
The Defendant, William Paul Eblen, was convicted by a jury of two counts of
aggravated rape and one count of aggravated kidnapping. The trial court
sentenced the Defendant to two concurrent terms of twenty-four years for the
rapes, and to a concurrent term of eleven years for the kidnapping, all to be
served in the Department of Correction. In this direct appeal, the Defendant
challenges the sufficiency of the evidence; alleges that the prosecutor
committed reversible misconduct during closing argument; and complains that the
trial court erred in overruling his petition for writ of error coram nobis. We
affirm the judgments of the trial court.
State vs. Robert Rodgers - E2002-02830-CCA-R3-CD
View
Blount
County - The Defendant, Robert Newell Rodgers, was indicted by the
Blount County Grand Jury for one count of robbery and one count of assault.
Following a bench trial, the Defendant was convicted of robbery, a Class C
felony. See Tenn. Code Ann. § 39-13-401(b). The trial court dismissed the
assault charge. In this direct appeal, the Defendant argues that the trial
court erred by finding him guilty of robbery as opposed to theft and assault.
We vacate the Defendant's conviction for robbery and modify the judgment to
reflect convictions for theft and assault. The case is remanded to the trial
court for entry of new judgments and for sentencing for the theft and assault
convictions.
State v. Robert Faulkner -
W2001-02614-CCA-R3-DD View
Shelby County -
Defendant Robert Faulkner appeals as of right his conviction for first-degree
murder and resultant sentence of death arising from the January 1999, murder of
his wife, Shirley Faulkner. A Shelby County jury convicted Defendant of
first-degree premeditated murder. Following a separate sentencing hearing, the
jury found the proof supported one aggravating circumstance beyond a reasonable
doubt, i.e., the defendant had been previously convicted of one or more violent
felonies, Tenn. Code Ann. § 39-13-204(i)(2), determined that the
aggravating circumstance outweighed any mitigating circumstances beyond a
reasonable doubt, and sentenced the Defendant to death. The trial court
approved the sentencing verdict. Defendant appeals, presenting for our review
the following issues: (1) the trial court improperly excluded testimony
regarding the Defendant's diminished capacity; (2) the trial court improperly
permitted the introduction of numerous gruesome photographs of the homicide
victim; (3) the trial court improperly instructed the jury; (4) the indictment
failed to charge a capital offense; (5) the death penalty violates treaties
which have been ratified by the United States, and violates established
international law; (6) the Tennessee death penalty sentencing statute and the
imposition of death are unconstitutional; and (7) the criteria of Tenn. Code
Ann. § 39-13-206(c)(1) have not been satisfied in this case. After review,
we find no error of law requiring reversal. Accordingly, we affirm the
Defendant's conviction for first-degree murder and the jury's imposition of the
sentence of death in this case.
Rita Davis
vs. State - M2002-02446-CCA-R3-PC View
Marshall
County - Petitioner, Rita Davis, appeals the trial court's denial of
her petition for post-conviction relief. Petitioner entered an open plea of
guilty to felony failure to appear, a charge apparently stemming from another
case in which Petitioner was charged with possession of a schedule II narcotic
for resale, a Class B felony. Petitioner was convicted by a jury on the drug
possession charge, and on August 18, 1999, she was sentenced on both
convictions. Petitioner filed a pro se petition for relief from her conviction
and sentence in the failure to appear case. The trial court denied
post-conviction relief, but granted a delayed appeal. Petitioner appealed, and
this Court affirmed Petitioner's sentence, but reversed the denial of
post-conviction relief, remanding the case for dismissal of the petition
without prejudice. Petitioner filed another post-conviction petition, alleging
that she received the ineffective assistance of counsel and that her plea was
not knowingly and voluntarily entered. Following a hearing, the trial court
denied the petition. In this direct appeal, Petitioner challenges the trial
court's denial of her petition. After a careful review of the record, we affirm
the judgment of the post-conviction court.
State vs. Aaron Franz - M2002-01855-CCA-R3-CD
View
Rutherford
County - After several opportunities to comply with the conditions of
his probation, the trial court ordered the appellant, Aaron Blake Franz, to
serve thirty months in confinement, the original sentence imposed for the
appellant's burglary conviction. On appeal, the appellant argues that the trial
court was without jurisdiction to revoke his probation because the revocation
warrant was filed after the first extension of the probationary period expired.
Upon review of the record and the parties' briefs, we affirm the judgment of
the trial court.
State vs. William/Virginia
Carter - W2002-00947-CCA-R3-CD View
Carroll
County - This is a State appeal. The grand jury indicted the
Defendants, William Timothy Carter and Virginia Darlean Carter, on several
counts relating to the manufacture and possession of various drugs and the
possession of drug paraphernalia. The trial court granted the Defendants'
motion to suppress evidence based upon an illegal residential search. On
appeal, the State contends the trial court erred in granting the Defendants'
motion to suppress. We conclude that even if the officers made an unlawful
entry into the residence, the evidence was subsequently seized pursuant to a
valid search warrant which was not based upon any observations made during the
alleged unlawful entry. Because the independent source doctrine applies, the
seizure of evidence was proper. Accordingly, we reverse the judgment of the
trial court.
State vs. Steven Tarter -
E2002-02389-CCA-R3-CD View
Sullivan
County - The appellant, Steven D. Tarter, pled guilty in the Sullivan
County Criminal Court to multiple offenses and received a total effective
sentence of four years incarceration in the Tennessee Department of Correction.
On appeal, the appellant challenges the trial court's denial of alternative
sentencing. Upon review of the record and the parties' briefs, we affirm the
judgments of the trial court.
State vs.
Curtis E. Wells - M2002-02290-CCA-R3-CD View
Williamson
County - The appellant, Curtis E. Wells, pled guilty in the Williamson
County Circuit Court to robbery, a Class C felony. The plea agreement provided
that the appellant would receive a sentence of six years, with the manner of
service to be determined by the trial court. Following a sentencing hearing,
the trial court ordered the appellant to serve one year at one hundred percent
(100%) in the Williamson County Jail, with the remainder of the sentence to be
suspended and served on intensive probation. On appeal, the appellant asserts
that the trial court erred by not granting total probation. Upon review of the
record and the parties' briefs, we affirm the judgment of the trial court.
State vs. Edrian Rice -
W2002-02677-CCA-R3-CD View
Madison County -
The Defendant, Edrian Rice, pled guilty to possession of cocaine with intent to
sell, possession of marijuana with the intent to sell, the unlawful carrying of
a weapon with the intent to go armed, possession of drug paraphernalia, and
driving under the influence, first offense. The trial court ordered the
Defendant to serve an effective sentence of ten years in confinement as a Range
I standard offender. On appeal, the Defendant contends (1) his sentence is
excessive; and (2) the trial court erred in denying alternative sentencing. We
affirm the judgments of the trial court.
State vs. Andrea Spencer - W2002-01483-CCA-R3-CD
View
Shelby
County - As a result of a jury trial in Shelby County, the Defendant,
Andrea Spencer, stands convicted of one count of aggravated rape, two counts of
aggravated burglary, two counts of aggravated kidnapping, and one count of
sexual battery. The trial court ordered the Defendant to serve an effective
sentence of eighty-four years as a Range II multiple offender. On appeal, the
Defendant contends (1) the trial court erred in refusing to sever the offenses;
(2) dual aggravated kidnapping convictions violate double jeopardy principles;
and (3) his sentence is excessive. Upon review of the record and the applicable
law, we vacate one of the Defendant's two aggravated kidnapping convictions due
to a double jeopardy violation. In addition, because certain enhancement
factors were wrongfully applied, we reduce the Defendant's sentence for sexual
battery by one year and one of his sentences for aggravated burglary by three
years, thereby reducing the Defendant's effective sentence to eighty years. We
otherwise affirm the judgments of the trial court.
State vs. Antonio Brown - W2002-02256-CCA-R3-PC
View
Madison
County - The Petitioner, Antonio Vantress Brown, appeals the denial of
his petition for post-conviction relief. He originally pled guilty to various
offenses and received an effective sentence of thirty years. On appeal, the
Petitioner contends: (1) he received ineffective assistance of counsel in
entering his guilty pleas; and (2) his guilty pleas were not knowingly and
voluntarily entered. Upon review of the record and the applicable law, we
affirm the judgment of the post-conviction court.
State vs. Douglas Overall - W2002-01954-CCA-R3-CD
View
Tipton
County - The defendant, Douglas Lee Overall, was convicted by a Tipton
County Circuit Court jury of aggravated kidnapping, a Class B felony;
aggravated assault, a Class C felony; and possession of drug paraphernalia, a
Class A misdemeanor. The trial court sentenced him to concurrent sentences of
twelve years for the aggravated kidnapping conviction, twelve years for the
aggravated assault conviction, and eleven months, twenty-nine days for the
possession of drug paraphernalia conviction. The defendant appeals, claiming
that the evidence is insufficient to support his convictions. We affirm the
judgments of the trial court.
Alden Daniel
vs. State - E2002-02838-CCA-R3PC View
Bradley
County - Petitioner, Alden Joe Daniel, Jr., appeals the trial court's
denial of his petition for post-conviction relief. In his initial brief filed
with the assistance of retained counsel, Petitioner argues that the trial court
erred in finding that Petitioner's plea of guilty was voluntary and knowing and
in finding that Petitioner's trial counsel rendered effective assistance of
counsel during the interval between Petitioner's first and second trial and
during plea negotiations. After the filing of his initial brief, this Court
granted Petitioner's counsel leave to withdraw as counsel and denied
Petitioner's motion for the appointment of substitute counsel. Thereafter,
Petitioner filed a motion to reconsider post-judgment facts pursuant to Rule 14
of the Tennessee Rules of Appellate Procedure and a pro se supplemental brief.
In his brief, Petitioner alleges that his post-conviction counsel rendered
ineffective assistance of counsel and that the trial court based its findings
on erroneous facts. Petitioner requests that this Court remand the matter to
the trial court for an evidentiary hearing as to factual matters not presented
at Petitioner's post-conviction proceeding. For the reasons discussed herein,
we deny Petitioner's motion to consider post-judgment facts and affirm the
trial court's dismissal of the petition for post-conviction relief.
State vs. Jaye Mitts - E2002-00016-CCA-R3-CD
View
Campbel
County - The State appeals contending the trial court erred in
allowing the defendant to receive jail credit from an unrelated charge against
the 150-day mandatory minimum sentence he received in his plea to sixth offense
D.U.I. Also, the State alleges error in the trial court modifying the
defendant's payment plan for paying fines and costs to less than the defendant
agreed to pay when the trial court accepted the defendant's plea agreement. We
conclude it was error to allow this defendant to receive any jail credit toward
his mandatory minimum of 150 days for his sixth D.U.I. offense where the credit
accumulated on an unrelated charge. We further conclude the trial court was
within its discretion to modify the payment plan, not the overall fine, upon
determining the defendant did not have the ability to pay. We reverse in part
and affirm in part the judgments of the trial court and remand for entry of a
corrected judgment consistent with this opinion.
State vs. James L. Jordan - E2002-01586-CCA-R3-CD
View
Hamilton
County - The Defendant, James L. Jordan, was convicted by a jury of
three counts of aggravated assault, a Class C felony. See Tenn. Code Ann.
§ 39-13-102(d)(1). At the sentencing hearing, the trial court, acting as
thirteenth juror, dismissed one of the convictions. For each of the other two
convictions, the court sentenced the Defendant as a Range I offender to
concurrent terms of six years. The Defendant failed to execute an appeal of his
convictions. He subsequently filed a petition for post-conviction relief. After
a hearing, the trial court dismissed the Defendant's petition but granted the
Defendant a delayed appeal. In this delayed appeal, the Defendant raises four
issues: (1) whether the evidence was legally sufficient to support his two
convictions for aggravated assault; (2) whether the Defendant was adequately
advised of his right to counsel before waiving his right to a preliminary
hearing; (3) whether the trial court erred by admitting into evidence a handgun
found at the Defendant's residence; and (4) whether the trial court properly
sentenced the Defendant. We affirm the judgments of the trial court.
Roger Harris vs. State - E2001-00782-CCA-R3-PC
View
Unicoi
County - This case has been returned to active status for
consideration of the post conviction issues, after the supreme court denied the
petitioner's delayed appeal under Tennessee Supreme Court Rule. 28 §
(9)(D). The petitioner appeals from the denial of his petition for
post-conviction relief. The petitioner contends he received ineffective
assistance of counsel at trial and on appeal. We affirm the post-conviction
court's denial of post-conviction relief.
Cases posted the week of 09/15/2003
State vs. Branden Haney & Lawrence Davis -
E2002-00559-CCA-R3-CD View
Cocke County -
The appellants, Branden Haney and Lawrence Davis, pled guilty in the Cocke
County Circuit Court to one count of possession of more than .5 grams of a
substance containing cocaine with intent to sell, a Class B felony; one count
of possession of more than .5 ounces of marijuana with intent to sell, a Class
E felony; and one count of possession of drug paraphernalia, a Class A
misdemeanor. The trial court sentenced Haney as a Range I standard offender to
an effective sentence of eight years incarceration in the Tennessee Department
of Correction, with the sentence to be suspended and served in a community
corrections program. The trial court sentenced Davis as a Range I standard
offender to an effective sentence of eight years incarceration, with the
sentence to be suspended and served in a community corrections program "after
[one] year split confinement in [the] Cocke County Jail." Pursuant to their
plea agreements, Haney and Davis reserved the right to appeal certified
questions of law challenging the trial court's denial of their motions to
suppress. Upon review of the record and the parties' briefs, we affirm the
judgments of the trial court.
State vs. Elmore
Lewis Baker, Jr. - E2003-00073-CCA-R3-CD View
Blount County -
The defendant, Elmore Lewis Baker, Jr., pled guilty in the Blount County
Circuit Court to eight offenses: counts one through four, delivery of a
Schedule VI controlled substance, a Class E felony; count five, possession of
drug paraphernalia, a Class A misdemeanor; count six, possession of a Schedule
VI controlled substance with intent to sell or deliver, a Class E felony; and
counts seven and eight, delivery of drug paraphernalia, a Class E felony. The
defendant was sentenced as a Range I, standard offender to one year on counts
one through three, two years on count four, eleven months and twenty-nine days
on count five, two years on count six, one year on count seven, and two years
on count eight. The plea agreement stipulated the sentences were to run
concurrently, and the trial court determined that the sentences should be
served as ninety days in jail and the remainder on probation. The defendant
appeals, claiming that his sentences are excessive and that he should have
received full probation. We affirm the judgments of the trial court.
State vs. Robert Holloway -
M2002-01904-CCA-R3-CD View
A Dickson County
jury convicted the defendant, Robert Kern Holloway, of second degree murder, a
Class A felony, and he was sentenced to forty years to be served at 100% as a
violent offender. On appeal, he argues: the evidence was insufficient to
support his conviction; the trial court improperly instructed the jury
regarding the mens rea element of second degree murder; and the trial court
abused its discretion in ruling on his pro se motion for a new trial which
alleged ineffective assistance of counsel. Upon review, we affirm the judgment
of the trial court as to the defendant's conviction but vacate its ruling as to
the pro se ineffective assistance of counsel claim.
State vs. Donald Lovell - M2002-02379-CCA-R3-CD
View
The Davidson County
Grand Jury indicted the defendant for aggravated gambling promotion. The trial
judge denied the defendant's preliminary motion to suppress certain evidence,
and a Davidson County jury found the defendant guilty as charged. The court
sentenced him to two years of probation, a $1,000 fine, and five hours of
unpaid community service per month for twenty-four months. He now appeals
claiming: (1) that the trial court erred in failing to suppress physical
evidence gathered during and incriminating statements made as a result of a
warrantless search; and (2) that the evidence was insufficient to support a
conviction for aggravated gambling promotion. Finding no reversible error, we
affirm the judgment of the trial court.
State vs. Barbara Sue Moore -
M2002-02995-CCA-R3-CD View
The defendant, Barbara Sue
Moore, pled guilty in the Davidson County Criminal Court to theft of
property valued $60,000 or more, a Class B felony, and theft of property valued
$1,000 or more but less than $10,000, a Class D felony. Pursuant to the plea
agreement, the defendant received concurrent sentences of eight and two years,
respectively, 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 she serve her sentences in the
Department of Correction. The defendant appeals, claiming that the trial court
erred by ordering that she serve her sentences in confinement. We affirm the
judgments of the trial court.
Joseph Shepherd vs. State - E2002-01455-CCA-R3-PC
View
Monroe
County - Prior to this appeal, the petitioner, Joseph Shepherd, was
convicted of involuntary manslaughter in one proceeding, and, in a separate
proceeding, he was convicted of felony murder and aggravated assault. He is
currently serving a life sentence. The petitioner filed a petition for
post-conviction relief in each case, raising several issues, including
ineffective assistance of counsel. The post-conviction court denied relief in
both cases and the petitioner appealed. Upon review of the record and the
parties' briefs, we affirm the judgment of the post-conviction court.
State vs. Reginald Baldon -
W2002-01766-CCA-R3-CD View
A
Lauderdale County jury convicted the defendant, Reginald Derell Baldon,
of three counts of burglary, three counts of vandalism over $1,000, one count
of theft over $1,000, one count of vandalism over $500, and four counts of
misdemeanor theft stemming from three separate break-ins. He was sentenced to
an effective term of twenty years. On appeal, the defendant argues: (1) the
evidence was insufficient to support his convictions; (2) the State failed to
provide proper discovery pursuant to Tennessee Rule of Criminal Procedure 16;
(3) the trial court erred in denying a motion for mistrial due to the
prosecutor's reference to the defendant's failure to testify; and (4) the trial
court erred in refusing to instruct the jury on aggravated criminal trespass as
a lesser-included offense of burglary. We also address whether lost evidence
deprived the defendant of a fair trial. We modify the judgment on one of the
vandalism convictions to properly reflect the jury's verdict, although this
modification does not change the effective sentence of twenty years. Otherwise,
we affirm the judgments of the trial court.
State vs. Jason Reaves - W2002-02540-CCA-R3-CD
View
Shelby
County - The defendant was convicted in general sessions court of
driving while under the influence and "refusal to submit." He appealed his
convictions and sentences to the Criminal Court for Shelby County. The
defendant failed to appear for his initial court hearing in criminal court, and
a capias was issued for his arrest. The defendant was arrested on the capias,
posted bond, and subsequently appeared one hour late for a hearing in criminal
court. The criminal court dismissed the appeal and remanded the case to general
sessions court for the execution of the original judgments. This appeal ensued,
in which the defendant argues (and the State concedes) that the criminal court
erred by dismissing the appeal and remanding the case to general sessions
court. We agree and reverse the judgment of the criminal court.
State vs. Anthony Phillips -
W2002-03004-CCA-R3-PC View
Shelby
County - The petitioner appeals the summary dismissal of his
post-conviction relief petition based upon the expiration of the statute of
limitations. He argues: (1) due process required the post-conviction court to
hear his petition because of his attorney's inaction even though it was filed
outside the statute of limitations; and, regardless, (2) his convictions should
be set aside because they are based on void indictments. We affirm the judgment
of the post-conviction court.
State vs. Oscar
Wells - W2002-01486-CCA-R3-CD View
The appellant, Oscar C. Wells, was
convicted in the Shelby County Criminal Court of one count of first
degree murder and one count of especially aggravated robbery. The appellant
received a total effective sentence of life plus ten years. On appeal, the
appellant challenges his arrest without a warrant and the trial court's failure
to suppress the appellant's statement which was taken after his arrest. Upon
review of the record and the parties' briefs, we affirm the judgments of the
trial court.
State vs. Latrece Jones -
E2002-00893-CCA-R3-CD View
Hamilton County
- A jury found the defendant guilty of criminally negligent homicide. The trial
court sentenced her as a mitigated offender to .9 years of unsupervised
probation. The defendant appeals her conviction and alleges that the trial
court erroneously allowed the improper admission of evidence regarding child
restraint laws and insufficient evidence to support a conviction. After careful
review, we affirm the judgment of the trial court.
Elbert Marable vs. State -
M2002-02122-CCA-R3-PC View
Rutherford
County - The Appellant, Elbert M. Marable, appeals the dismissal of
his petition for post-conviction relief by the Rutherford County Circuit Court.
Pursuant to a negotiated plea agreement, Marable pled guilty to aggravated
assault and was sentenced to three years in the Department of Correction as a
Range I offender. On appeal, Marable presents the following issues for our
review: (1) whether his plea was voluntarily and intelligently entered and (2)
whether he was denied the effective assistance of counsel. After consideration
of the entire record, we conclude that Marable's plea was not voluntarily and
intelligently entered. Accordingly, his conviction for aggravated assault is
vacated and this case is remanded to the trial court.
State vs. Barry Armistead - M2002-01877-CCA-R3-CD
View
Davidson
County - Barry L. Armistead appeals from the Davidson County Criminal
Court's revocation of his probationary sentences. He claims that the lower
court erred in revoking probation because the state failed to prove a violation
by a preponderance of the evidence. Because we disagree, we affirm the lower
court's judgment.
Ronald Butler vs.
State - M2002-01870-CCA-R3-PC View
Davidson
County - The petitioner, Ronald Jerome Butler, filed a petition for
post-conviction relief in the Davidson County Criminal Court, alleging that he
received the ineffective assistance of trial counsel. The post-conviction court
denied the petition, and the petitioner contests this ruling on appeal. Upon
review of the record and the parties' briefs, we affirm the judgment of the
post-conviction court.
State vs. Billy
Coffelt & Lyle Van Ulzen - M2002-01214-CCA-R3-CD
View
Davidson
County - The Defendants, Billy J. Coffelt and Lyle T. Van Ulzen, were
each convicted of one count of felony escape, two counts of aggravated assault,
and three counts of especially aggravated kidnapping. The trial court
subsequently sentenced both Defendants to life imprisonment without the
possibility of parole on each of their especially aggravated kidnapping
convictions. The Defendants were each sentenced to two years for their escape
convictions, and to six years for each of their aggravated assault convictions.
In this direct appeal, both Defendants contend that their convictions for
aggravated assault and especially aggravated kidnapping violate due process,
relying on State v. Anthony, 817 S.W.2d 299 (Tenn. 1991). Both Defendants also
allege error with respect to the trial court's admission of the identification
of the felonies for which they were serving time when they escaped, and with
respect to their sentences on the kidnapping convictions. Individually, Coffelt
challenges the sufficiency of the evidence and the admission of proof
concerning two weapons. Coffelt also alleges that the prosecutor's closing
argument constituted reversible misconduct. We affirm the Defendants'
convictions. We reverse the trial court's finding that the Defendants are
repeat violent offenders subject to mandatory sentences of life imprisonment
without the possibility of parole, and remand this matter for resentencing on
the Defendants' convictions of especially aggravated kidnapping.
State vs. Charles Wade Smith - M2001-01740-CCA-R3-CD
View
Perry County
- The defendant, Charles Wade Smith, III, was convicted by a Perry County jury
of second degree murder for the shooting death of his father. The trial court
sentenced the defendant as a violent offender to seventeen years of
incarceration. The defendant now appeals contending that: (1) he was deprived
of the opportunity to present exculpatory evidence; (2) the trial court erred
in not giving a jury instruction regarding the relevance of the Defendant's
intoxication to negate his culpable mental state; and (3) the evidence
presented is insufficient to support his conviction. Finding no error, we
affirm the judgment of the trial court.
State vs. Glen Chandler - M2002-00207-CCA-R3-CD
View
Hickman
County - The appellant, Glen Chandler, was convicted in a jury trial
of the offenses of attempted first degree murder, attempted second degree
murder, attempted voluntary manslaughter, and reckless endangerment. He was
sentenced to an effective thirty-eight-years, eleven months and twenty-nine
days sentence. In this appeal the appellant maintains the State failed to carry
its burden of proof on the question of the appellant's sanity. He also argues
that the trial court erred in failing to set aside the guilty verdict of
attempted first degree murder because the proof established that the appellant
was incapable of premeditation.
Cases posted the week of 09/08/2003
State vs. Guadalupe Mendez -
E2002-01826-CCA-R3-CD View
Cumberland
County - The Defendant, Guadalupe Steven Mendez, was convicted by a
jury of aggravated rape and especially aggravated sexual exploitation of a
minor. The trial court sentenced the Defendant to terms of twenty-four years
for the aggravated rape and ten years for the sexual exploitation. These
sentences were ordered to be served concurrently to each other but
consecutively to a prior sentence. In this direct appeal, the Defendant
challenges the sufficiency of the evidence in support of the aggravated rape
conviction, and further complains that his sentence is excessive. We affirm the
judgments of the trial court.
Donald Green
vs. State - E2002-02517-CCA-R3-PC View
Knox County -
The petitioner, Donald Mitchell Green, pled guilty in the Knox County Criminal
Court to aggravated robbery, failure to appear, and theft. Subsequently, the
petitioner filed for post-conviction relief, alleging that he received the
ineffective assistance of counsel. After a hearing, the post-conviction court
denied the petition and the petitioner appealed. Upon review of the record and
the parties' briefs, we affirm the judgment of the post-conviction court.
State vs. Doris M. Dennison -
E2003-01101-CCA-R3-CD View
Union County -
The defendant, Doris M. Dennison, pled guilty in the Union County Criminal
Court to five counts of aggravated sexual battery, a Class B felony. Pursuant
to the plea agreement, the defendant received an eight-year sentence for each
conviction with the issue of concurrent or consecutive sentencing to be
determined by the trial court. After a sentencing hearing, the trial court
ordered that the defendant serve counts one through four consecutively to each
other but concurrently with count five for an effective sentence of thirty-two
years in the Department of Correction. The defendant appeals, claiming that the
trial court improperly ordered consecutive sentences. We affirm the judgments
of the trial court.
State vs. William
McCarver - M2002-00123-CCA-R3-CD View
Sequatchie
County - The defendant was convicted by a Sequatchie County Circuit
Court jury of first degree premeditated murder for shooting his wife's
boyfriend to death outside a gasoline station and convenience store. Because
the State did not seek either the death penalty or life without parole, the
trial court automatically sentenced him to life imprisonment in the Department
of Correction. In this appeal as of right, the defendant raises essentially
three issues: (1) whether the evidence was sufficient to support his
conviction; (2) whether the trial court erred in admitting into evidence
enhanced versions of the store surveillance videotape of the shooting; and (3)
whether the trial court erred in its jury instructions on intentionally and
knowingly. Following our review, we conclude that the evidence is sufficient to
sustain the defendant's conviction for premeditated murder, the trial court did
not err in admitting the videotapes, and any deficiency in the jury
instructions constituted harmless error. Accordingly, we affirm the judgment of
the trial court.
State vs. Albert Wilson
- E2002-00890-CCA-R3-CD View
Blount County
- The appellant, Albert D. Wilson, II, pled guilty in the Blount County Circuit
Court to possession of a Schedule II controlled substance and was sentenced to
eight years incarceration in the Tennessee Department of Correction. The
appellant reserved two certified questions of law relating to the propriety of
the search of his motel room. Upon review of the record and the parties'
briefs, we affirm the judgment of the trial court.
State vs. Kenneth Humphries - E2002-01255-CCA-R3-CD
View
Knox
County - Defendant, Kenneth Nolan Humphries, appeals the trial court's
revocation of probation. Defendant was separately indicted for three counts of
Class D theft. On September 17, 1993, Defendant entered guilty pleas to all
three charges, and the trial court sentenced him to serve three consecutive
sentences of four years each and ordered him to pay restitution. Defendant's
sentences were suspended, and he was placed on probation for twelve years. A
probation violation warrant was filed and later amended. The revocation warrant
was dismissed, and the trial court ordered Defendant to complete a drug and
alcohol rehabilitation program. Subsequently, a second probation violation
warrant was filed and later amended to include additional allegations. On April
16, 1997, Defendant pled guilty to two more charges of theft and received two
six-year sentences to be served concurrently with each other and consecutively
to Defendant's previous twelve-year sentence, for a total effective sentence of
eighteen years. The trial court ordered that Defendant's sentence be supervised
by the Community Alternatives to Prison Program (CAPP), to expire on April 16,
2015. A warrant for violation of CAPP was filed. Defendant was ordered to serve
the remainder of his sentence on regular probation. A fourth probation
violation warrant was filed. Following a hearing, the trial court found that
Defendant had violated the conditions of probation and ordered Defendant to
serve the remainder of his sentence in confinement. Defendant appeals the trial
court's decision. After reviewing the record, we affirm the judgment of the
trial court in part and reverse in part.
State vs. Rex Gibson - E2002-01533-CCA-R3-CD
View
Sevier
County - A Sevier County jury convicted the Defendant of driving under
the influence and failure to carry a driver's license. The trial court
sentenced him to ninety days of incarceration, followed by supervised
probation, and suspended his license for two years. He now appeals, claiming:
(1) that the trial court erred in failing to suppress all evidence gained as a
result of his traffic stop; and (2) that the trial court erred by admitting
into evidence the results of his breathalyzer test. In the event that this
Court finds that either the traffic stop was unconstitutional or the
breathalyzer test was inadmissable, then, the Defendant contends, the remaining
evidence is insufficient to support his conviction. Finding no reversible
error, we affirm the judgment of the trial court.
State vs. Lee Ann Wolfe & Edward Barnett -
E2002-00776-CCA-R3-CD View
Hawkins County
- At a joint trial, a Hawkins County jury convicted each Defendant of numerous
drug-related offenses. The same jury also convicted Defendant Wolfe of
tampering with evidence and convicted Defendant Barnett of two theft offenses.
Wolfe received an effective sentence of five years of incarceration, and
Barnett's effective sentence was twelve years of incarceration. On appeal, both
Defendants challenge the sufficiency of the convicting evidence and the
propriety of the sentences imposed by the trial court. Finding no error, we
affirm the judgments of the trial court.
State
vs. Barton Grande - W2002-01893-CCA-R3-CD View
Henry County -
The Appellant, Barton Derek Grande, appeals his conviction by a Henry County
jury for the manufacturing of methamphetamine, a class C felony. On appeal,
Grande challenges the sufficiency of the convicting evidence and raises various
other issues, including those of bias and selective prosecution by the State
and the legality of a warrantless search of a vehicle. After review, we
conclude that all of the issues raised by Grande have been procedurally
defaulted except for his challenge to the sufficiency of the evidence. Because
we find the evidence legally sufficient, the judgment of conviction is
affirmed.
State vs. Sammy Wilson -
W2002-02832-CCA-R3-CD View
Carroll County
- A Carroll County jury convicted the Defendant of manufacturing the controlled
substance methamphetamine. The trial court sentenced the Defendant as a
standard offender to four years and six months of incarceration. The Defendant
now appeals, contending the following: (1) that insufficient evidence was
presented at trial to support the conviction; and (2) that the jury's
indication on the special verdict form showed its confusion with regard to the
trial court's instructions rendering the verdict unsustainable or, in the
alternative, constituting "plain error." Finding no error, we affirm the
judgment of the trial court.
State vs.
Lionel Champion - W2002-02216-CCA-R3-CD View
Madison
County - The defendant appeals the trial court's revocation of his
probation. While on probation, the defendant had been arrested for aggravated
robbery. He contends the evidence was insufficient to support the revocation.
The burden required to revoke probation is by the preponderance of the
evidence, not beyond a reasonable doubt. The alleged victim of the aggravated
robbery testified at the revocation hearing, and his testimony was found
credible by the trial court. We affirm the trial court's revocation of the
defendant's probation.
State vs. Marcus
Johnson - W2002-00987-CCA-R3-CD View
Shelby County
- Defendant, Marcus Johnson, was convicted by a jury in the Shelby County
Criminal Court of felony murder and two counts of especially aggravated
robbery. Defendant was sentenced to life imprisonment for the felony murder
conviction and twenty years for each especially aggravated robbery conviction.
The trial court ordered the twenty-year sentences to run consecutive to each
other, and one twenty-year sentence to run concurrent with the life sentence,
and the other to run consecutive with the life sentence. In this appeal as of
right, Defendant argues that: (1) the trial court erred in denying his motion
to suppress incriminating statements made by Defendant to the police; (2) the
evidence at trial was insufficient to support his convictions beyond a
reasonable doubt; and (3) the trial court erred in failing to instruct the jury
as to the weight to be given to the supplemental jury charge. After a review of
the record, we affirm Defendant's conviction for felony murder. We conclude,
however, that the constitutional protections against double jeopardy require
reversal of one of Defendant's convictions for especially aggravated robbery.
Accordingly, we affirm one of Defendant's especially aggravated robbery
convictions. We modify the other especially aggravated robbery conviction to
aggravated assault and remand for resentencing, for the reasons stated herein.
State vs. Keith Pettigrew -
W2002-02539-CC-R3-CD View
Shelby
County - A Shelby County jury convicted the Defendant for theft of
property valued between $1,000 and $10,000 and burglary of a motor vehicle. The
trial court sentenced the Defendant as a Range III persistent offender to ten
years of incarceration for the theft offense and five years of incarceration
for the burglary offense, both sentences to be served concurrently. The
Defendant now appeals, contending that the evidence is insufficient to sustain
his theft conviction. Finding no error, we affirm the judgment of the trial
court.
State vs. Raymon Haymon -
W2001-02797-CCA-R3-CD View
Dyer County -
The Appellant, Raymon Haymon, was convicted by a Dyer County jury of the
premeditated first degree murder of Jody McPherson and was sentenced to life
imprisonment. In this appeal as of right, Haymon, proceeding pro se, presents
the following issues for our review: (1) whether the evidence was insufficient
(a) because the accomplice's testimony was not independently corroborated, and
(b) due to conflicting and contradictory testimony from the State's witnesses
and his proof of alibi; and (2) whether the State committed prosecutorial
misconduct by (a) presenting perjured testimony at trial, and (b) during
closing argument. Finding no error, the judgment of the Dyer County Circuit
Court is affirmed.
State vs. Diallo
Lauderdale - W2001-01296-CCA-R3-CD View
Henry County
- A Shelby County jury convicted the Defendant for theft of property valued
between $1,000 and $10,000 and burglary of a motor vehicle. The trial court
sentenced the Defendant as a Range III persistent offender to ten years of
incarceration for the theft offense and five years of incarceration for the
burglary offense, both sentences to be served concurrently. The Defendant now
appeals, contending that the evidence is insufficient to sustain his theft
conviction. Finding no error, we affirm the judgment of the trial court.
State vs. Ralph Lamar Williams -
E2002-02274-CCA-R3-CD View
Hamilton
County - A Hamilton County Criminal Court jury convicted the
defendant, Ralph Lamar Williams, of four counts of aggravated rape, a Class A
felony; one count of rape, a Class B felony; and one count of aggravated
kidnapping, a Class B felony. The trial court sentenced him as a violent
offender to life without parole for each conviction. The defendant appeals,
claiming that the prosecutor improperly suggested to the jury during closing
argument that the defense bore the burden of establishing the defendant's
innocence. We affirm the judgments of the trial court.
State vs. James Ruben Conyers -
M2002-01007-CCA-R3-CD View
Houston
County - The appellant, James Ruben Conyers, was convicted by a jury
in the Houston County Circuit Court of especially aggravated burglary, a Class
B felony; especially aggravated robbery, a Class A felony; and attempted first
degree murder, a Class A felony. Following a sentencing hearing, the trial
court sentenced the appellant to an effective sentence of eighty years
incarceration in the Tennessee Department of Correction. On appeal, the
appellant raises numerous issues relating to the sufficiency of the evidence,
the admission of evidence, the sufficiency of the indictment, the jury
instructions, and sentencing. Upon review of the record and the parties'
briefs, we find no merit to the appellant's contentions. However, we recognize
as plain error that the appellant's conviction for especially aggravated
burglary was prohibited under Tennessee Code Annotated section 39-14-404(d)
(1997). Accordingly, we modify the conviction to aggravated burglary and reduce
the appellant's sentence for this conviction to ten years incarceration, for a
total effective sentence of eighty years.
State vs. Siphachanh Syhalath - M2002-02123-CCA-R3-CD
View
Wilson
County - The Wilson County Grand Jury indicted the Defendant for one
count of especially aggravated robbery, two counts of aggravated robbery, and
two counts of aggravated assault. Following the trial court's denial of the
Defendant's Motion to Suppress evidence, the Defendant pled guilty, reserving a
certified question of law. The issues before us on appeal are: (1) whether the
certified question of law is dispositive of this case; and, if so (2) whether
police had reasonable suspicion to stop the Defendant's vehicle; and (3)
whether the police had probable cause to take the Defendant into custody and to
search the Defendant's vehicle. Finding no error, we affirm the judgment of the
trial court.
Cases posted the week of 09/01/2003
State vs. Jackie Lee Gray -
M2002-00802-CCA-R3-CD View
Maury County -
On January 28, 2002, the appellant, Jackie Lee Gray, pleaded guilty to two
counts of misdemeanor assault, one count of vandalism under $500, one count of
public intoxication, and one count of resisting arrest. The judgments in the
technical record reflect that the appellant was ordered to serve an effective
sentence of six months incarcerated and six months on probation for his
convictions. On August 6, 2002, this court granted the appellant's motion to
late-file a transcript of the evidence. On September 26, 2002, the Circuit
Court of Maury County had not yet received the transcript and therefore sent
the technical record to the court. The appellant now brings this appeal
claiming that the trial court improperly ordered him to serve a portion of his
sentence in jail. Because the transcript of the sentencing hearing is not
before this Court we have no choice but to affirm the judgment of the trial
court.
State vs. Rhonda Cloer -
E2002-02252-CCA-R9-CD View
Polk County -
The Polk County Grand Jury indicted the Defendant for three counts of vehicular
homicide, four counts of aggravated assault, and twelve counts of failure to
stop a school bus at a railroad crossing. The Defendant filed an application
for pretrial diversion, and the trial court ordered that a pretrial diversion
report be completed. Upon completion of the report, the Assistant District
Attorney General denied the application, and the Defendant appealed to the
District Attorney General, who also denied the application. The trial court
granted a writ of certiorari and, thereafter, affirmed the District Attorney
General's decision. The Defendant sought, and was granted, permission to take
an interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate
Procedure. We granted the Defendant's application for interlocutory review to
address the Defendant's contention that the State abused its discretion by
denying her application for pretrial diversion. After a thorough consideration
of the record, we affirm the judgment of the trial court.
State vs. William Vaughn - M2002-01459-CCA-R3-CD
View
Giles
County - The Defendant, William Henry Vaughan, IV, was convicted by a
jury of first degree premeditated murder and aggravated arson. He was sentenced
to life imprisonment for the murder and to twenty-five years for the arson,
with the sentences to be served consecutively. In this direct appeal, the
Defendant makes the following claims: (1) the trial court erred in denying his
motion to suppress; (2) he was denied his right to a speedy trial; (3) the
sequestered jury was separated; (4) the trial court erred by admitting a police
officer's written report in its entirety; (5) he was deprived of his
fundamental constitutional right to testify; (6) the evidence is not sufficient
to support his convictions; and (7) he was deprived of the effective assistance
of counsel. Because we find that the Defendant was deprived of his fundamental
constitutional right to testify, and because the State has failed to
demonstrate that the deprivation was harmless beyond a reasonable doubt, we
vacate the Defendant's convictions and remand this matter for a new trial.
State vs. Gary S. Johnson -
E2002-01246-CCA-R3-PC View
Claiborne
County - The Defendant, Gary S. Johnson, pled guilty to vehicular
homicide, a Class B felony, on August 6, 1996. The trial judge originally
sentenced him to twelve years of house arrest and community corrections. The
State appealed, and this Court vacated the sentence because the Defendant was
not eligible for community corrections. Upon re-sentencing the Defendant was
ordered to serve ten years of incarceration. The Defendant did not immediately
appeal, but filed a timely Motion for a Modification and/or Reduction of
Sentence. Prior to the trial court ruling on the motion, the Defendant filed a
Petition for Post Conviction Relief based on ineffective assistance of counsel.
The trial court denied both the Defendant's motion and the Petition for Post
Conviction Relief on June 12, 2002. The sole issue for appeal is whether the
trial court erred in denying the Defendant's Petition for Post Conviction
Relief. Finding no error, we affirm the judgment of the trial court.
State vs. John Bellamy - E2002-02741-CCA-R3-CD
View
Sullivan
County - The defendant, John Lee Bellamy, pled guilty in the Sullivan
County Criminal Court to reckless aggravated assault, a Class D felony; failure
to appear, a Class E felony; driving under the influence, second offense, and
leaving the scene of an accident, Class A misdemeanors; and driving on a
revoked license, second offense, a Class B misdemeanor. The trial court
sentenced him as a Range I, standard offender to an effective sentence of four
years, eight months, twenty-nine days. The defendant appeals the trial court's
ordering him to serve his two-year, nine-month-sentence for the reckless
aggravated assault conviction and consecutive one-year sentence for the failure
to appear conviction in confinement. He claims that he should have received
alternative sentences or, at most, sentences of split confinement. We affirm
the judgments of the trial court.
State vs.
Edward D. Haney - E2002-02189-CCA-R3-CD View
Cocke County -
The State appeals the trial court's suppression of twenty-five rocks of cocaine
seized from the defendant. Because the trial court "did not feel comfortable"
in elaborating the reason why the evidence should be suppressed, we remand for
the trial court to make findings of fact and conclusions of law.
State v. Gary W. Young - M2001-02492-CCA-R3-CD
View
Davidson
County - On May 21, 2001, the appellant, Gary W. Young, pleaded guilty
to sale of a controlled substance and possession of a controlled substance
within a thousand feet of a school. He received concurrent twenty-one year
sentences for each count. As part of the plea agreement the appellant attempted
to reserve a certified question of law to be presented on appeal. See Tenn. R.
App. P. 37(b)(2)(i). This question concerns the propriety of a search. On June
19, 2001, the appellant also attempted to withdraw his guilty plea pursuant to
Tennessee Rule of Criminal Procedure 32(f). The trial court denied the motion
to withdraw the guilty plea based on this Court's holding in State v. Hall, 983
S.W.2d 710 (Tenn. Crim. App. 1998 overruled by State v. Green, 106 S.W.3d 646
2003)). This appeal followed. After a review of the record and the applicable
authorities we are of the opinion that the appellant has failed to properly
certify an appeal to this Court pursuant to Tennessee Rule of Appellate
Procedure 37(b)(2)(i), and this Court therefore lacks jurisdiction to consider
the trial court's denial of the appellant's motion to suppress. However, the
appeal of the denied motion to withdraw a guilty plea is properly before this
court, and this case must be remanded for consideration of the motion in view
of the Tennessee Supreme Court decision in State v. Greene, 106 S.W.3d 646
(Tenn. 2003), which overruled State v. Hall. Finally, the allegation concerning
the legality of the appellant's sentences, which has been raised for the first
time on appeal, may be presented to the trial court on remand for consideration
as a ground to allow withdrawal of the plea
Steve Mason v. State - M2002-00414-CCA-R3-PC
View
Maury
County - The petitioner, Steve Mason, brings the instant appeal of the
post-conviction court's denial of his petition for relief. The petitioner
stands convicted of first degree murder and attempted first degree murder. In
this appeal, he alleges that he is entitled to post-conviction relief on the
basis that the facts introduced at trial are insufficient to support his
convictions and because he received ineffective assistance of trial counsel.
Rodrick Johnson v. State -
M2002-01212-CCA-R3-PC View
Davidson
County - The petitioner, Rodrick Johnson, appeals the denial of his
petition for post-conviction relief, asserting that: (1) the post-conviction
court erred by failing to make findings and conclusions as to each issue; (2)
the jury instructions provided by the trial court lowered the State's burden of
proof; (3) the trial court erred in not instructing as to the lesser-included
offense of facilitation; and (4) he was denied the effective assistance of
counsel on appeal. We affirm the order of the post-conviction court dismissing
the petition.
State v.Dewayne Chambers -
M2002-01858-CCA-R3-CD View
Robertson
County - A Robertson County jury convicted the defendant, Dewayne
Chambers, of kidnapping and rape. The trial court imposed concurrent sentences
of three years for the kidnapping conviction and eight years for the rape
conviction to be served in the Department of Correction. On appeal, the
defendant contends the trial court erred in denying alternative sentencing. We
affirm the judgments of the trial court.
Steven Chance v. State - M2002-02991-CCA-R3-PC
View
Cheatham
County - The petitioner appeals the denial of his post-conviction
relief petition following his nolo contendere pleas to aggravated burglary,
aggravated assault, and evading arrest. He contends his trial counsel did not
provide him with effective assistance when he entered into the plea agreement.
We affirm the judgment of the post-conviction court.
David Forrester v. State - M2002-01942-CCA-R3-PC
View
Humphries
County - The petitioner appeals the denial of his petition for
post-conviction relief from his conviction for aggravated sexual battery. He
argues that he was denied the effective assistance of counsel because his
divorce attorney, who thereafter became his initial trial attorney, failed to
attend a polygraph examination and advise petitioner of the protocol,
limitations, and requirements necessary to complete the examination. The
petitioner further asserts that he was denied effective assistance of counsel
by his second trial attorney because this attorney was unprepared to argue a
motion to suppress and failed to adequately investigate factual allegations,
review juvenile court records, call critical witnesses, pursue leads that would
have established a conspiracy by the petitioner's wife to wrongfully prosecute
him, and let the petitioner review the brief filed on direct appeal. Based upon
our review, we affirm the post-conviction court's denial of the petition.
State v. Tim Mattingly -
M2002-02765-CCA-R3-CD View
Cheatham
County - The trial court found the defendant, Tim Mattingly, violated
the terms of his ten-year community corrections sentence. It ordered him to
serve three years "day for day" in the county jail before serving the remainder
of his ten-year sentence on community corrections. In this appeal, the
defendant argues the trial court acted without authority in imposing this
sentence. We conclude the trial court imposed an illegal sentence and remand
for further proceedings.
State vs. Redonna
Hanna - W2002-00821-CCA-R3-PC View
Shelby County -
The petitioner, Redonna Hanna, was convicted of three counts of aggravated
robbery, one count of especially aggravated robbery, one count of aggravated
burglary, and one count of first degree murder. His convictions were affirmed
on direct appeal. He filed a petition for post-conviction relief, alleging that
his trial counsel was ineffective by not objecting to the trial court's
instructions as to criminal responsibility. Following an evidentiary hearing,
the post-conviction court dismissed the petition, and the petitioner appealed.
We affirm the dismissal.
State vs. Evelyn
Holly - W2002-01200-CCA-R3-CD View
Shelby County -
Defendant, Evelyn Holly was convicted of second degree murder following a jury
trial. Defendant now challenges her conviction arguing that the trial court
erred in not suppressing her statement to the police. Defendant also contends
that the evidence is insufficient to sustain her conviction of second degree
murder. Specifically, Defendant argues that the evidence showed that she and
the victim, Ronald Kyles, were engaged in mutual combat at the time of the
killing and requests this court to reduce her conviction to voluntary
manslaughter. After a thorough review of the record, we affirm Defendant's
conviction for second degree murder.
State
vs. Voss Johnson - W2002-01487-CCA-R3-CD View
Shelby County
- Following a jury trial, Defendant, Voss Johnson, was convicted of two counts
of especially aggravated robbery, one count of attempted voluntary
manslaughter, and one count of second degree murder. Defendant now appeals his
convictions arguing that the trial court erred in denying his motion to
suppress and that the evidence is insufficient to sustain his conviction for
second degree murder based on a theory of criminal responsibility. After a
careful review of the record, we affirm the judgments of the trial court.
State vs. Andrew Cole -
W2002-01432-CCA-R3-PC View
Gibson County -
The Appellant, Andrew Cole, appeals the dismissal of his petition for
post-conviction relief by the Gibson County Circuit Court. Cole is currently
incarcerated as a result of his jury convictions for attempted first degree
murder, attempted second degree murder, aggravated assault, and felon in
possession of a firearm. On appeal, Cole raises the issues of: (1) whether he
received ineffective assistance of counsel; (2) whether the trial court erred
in refusing to appoint "new counsel" for him at trial; and (3) whether he was
improperly sentenced as a multiple offender. After review of the issues, we
affirm the dismissal of the petition.
State
vs. Charles Foster Sr. - W2002-00350-CCA-R3-CD View
Carroll County
- The defendant appeals his conviction of rape and his ten-year sentence. The
defendant contends that the evidence is insufficient to support the conviction,
that the trial court erroneously allowed the victim to testify, and that expert
testimony should not have been admitted into evidence. The defendant also
contends that the trial court erred in sentencing. After careful review, we
conclude the evidence is sufficient to support the conviction and the trial
court did not err. We affirm the conviction and the judgment of the trial
court.
Cases posted the week of 08/25/2003
State vs. Rhonda Rock - E2002-01580-CCA-R3-CD
View
Sullivan
County - The defendant appeals her sentence of four years for
voluntary manslaughter. The defendant contends that the trial court erred in
denying her any form of alternative sentencing. We conclude that the trial
court did not err in sentencing and affirm the judgment of the trial court.
Charles W. Cole vs. State -
E2002-02535-CCA-R3-PC View
Carter County - The
petitioner, Charles W. Cole, pled guilty on February 4, 2000, to five sexual
offenses and, in January 2001, filed a petition for post-conviction relief,
asserting that his trial counsel was ineffective. Following a hearing, the
post-conviction court dismissed the petition, and the petitioner timely
appealed. We affirm the dismissal of the petition
State vs. Valerie Bullion - M2002-02370-CCA-R3-CD
View
Marshall
County - The appellant, Valerie Arlene Bullion, pled guilty in the
Marshall County Circuit Court to operating a motor vehicle in violation of the
Motor Vehicle Habitual Offenders Act, a Class E felony; driving under the
influence, tenth offense, a Class E felony; driving on a revoked license,
fourth offense, a Class A misdemeanor; and violation of the implied consent
law. The trial court sentenced the appellant to an effective sentence of eight
years incarceration in the Tennessee Department of Correction, suspended the
appellant's driver's license for ten years, and imposed a three thousand dollar
($3000) fine. On appeal, the appellant complains that the sentences imposed by
the trial court are excessive. Upon review of the record and the parties'
briefs, we affirm the judgments of the trial court.
State vs. Ricky Littrell - M2002-01298-CCA-R3-CD
View
Bedford
County - The defendant, Ricky Lynn Littrell, was convicted by a
Bedford County Circuit Court jury of theft of property valued more than $1,000
but less than $10,000, a Class D felony, and the trial court sentenced him as a
career offender to twelve years in the Department of Correction. In this
delayed appeal, the defendant claims that (1) the evidence is insufficient to
support his conviction; (2) the trial court erred by allowing the stolen
merchandise into evidence because a chain of custody had not been established;
and (3) the trial court erred by allowing a list of the stolen merchandise into
evidence because the testifying witness did not properly authenticate the list
pursuant to Rule 901, Tenn. R. Evid. We affirm the judgment of the trial court.
State vs. Ricky Thompson -
E2002-02631-CCA-R3-CD View
McMinn
County - The Defendant, Ricky Thompson, was convicted by a jury of
first degree murder, aggravated assault, and arson. He was sentenced to death
for the first degree murder. Upon the Defendant's motion for judgment of
acquittal, the trial court entered an order modifying the jury's verdicts to
not guilty by reason of insanity. The State raises one principal issue in this
direct appeal, which it states as follows: whether the trial court erred in
reversing the jury's determination of guilt and granting the Defendant a
judgment of acquittal by reason of insanity on charges of first degree murder,
aggravated assault, and arson. Because we find the evidence legally sufficient
to support the jury's verdicts, we reverse the trial court's order, reinstate
the jury's verdicts, and remand the case to the trial court for consideration
of the Defendant's motion for a new trial and sentencing on the aggravated
assault and arson convictions.
State vs.
Vernon Lamar Bryant - E2002-01234-CCA-R3-CD View
Hamilton
County - Following a jury trial, the defendant was found guilty of
attempted reckless homicide, aggravated burglary, and aggravated assault. The
trial court merged the attempted reckless homicide conviction into the
aggravated assault conviction, and the defendant was sentenced as a Range II,
multiple offender, to ten years for aggravated assault and six years for
aggravated burglary, with the sentences to run concurrently. The defendant
contends that the trial court improperly merged the attempted reckless homicide
conviction into his aggravated assault conviction and erred by instructing the
jury on flight. The defendant also contends the trial court erroneously
sentenced him as a Range II, multiple offender. We conclude that the merger of
the defendant's two convictions were not in error and that a jury instruction
regarding flight was proper. We conclude that the trial court correctly
sentenced him as a Range II, multiple offender. We affirm the judgments of the
trial court.
State vs. David D. Harris -
M2002-00382-CCA-R3-CD View
Davidson
County - The Defendant, David D. Harris, pled guilty to seven counts
of aggravated robbery, a Class B felony, in the Davidson County Criminal Court
on June 16, 1999. The trial court sentenced the Defendant to three eight-year
sentences, to be served consecutively. The trial court suspended the sentences
and ordered the Defendant to serve three consecutive eight-year terms on
supervised probation. The State appealed, and this Court reversed the portion
of the sentence that ordered the Defendant to serve twenty-four years of
probation on the three consecutive eight-year sentences, holding that a
probationary sentence for aggravated robbery is contrary to Tennessee Code
Annotated section 40-35-303(a). Accordingly, we reversed the trial court's
judgment and remanded the case for re-sentencing. Upon re-sentencing, the trial
court sentenced the Defendant to three eight-year prison terms and ordered that
the sentences run consecutive to each other and consecutive to a sentence that
the Defendant is currently serving in Williamson County. The Defendant appealed
the trial court's re-sentencing order and raises the following issues: (1)
whether the trial court erroneously denied his request for a new sentencing
hearing and; (2) whether the trial court erroneously denied the Defendant's
request, pursuant to Tennessee Rule of Criminal Procedure 35, for a reduced
sentence. After a through examination of the record, we conclude that the trial
court did not err when it denied the Defendant's request for a new sentencing
hearing; however, because we conclude that the trial court erroneously believed
that it was without the authority to impose concurrent sentences, we reverse
and remand for it to determine whether the three sentences should run
consecutively or concurrently.
State vs.
Johnnie W. Reeves - M2002-02371-CCA-R3-CD View
Davidson County
- A Davidson County jury convicted the defendant, Johnnie W. Reeves, of two
counts of aggravated child abuse of a child six years of age or less. The trial
court imposed two concurrent twenty-year sentences. On appeal, the defendant
contends: (1) the evidence was insufficient to support the convictions; and (2)
the trial court erred in admitting certain photographs of the victim's
injuries. We affirm the judgments of the trial court.
John W. Wilcox vs. State - E2002-01600-CCA-R3-PC
(Order vacating opinion) View
McMinn
County - It appears that the petitioner, John W. Wilcox, died on June
8, 2003, as evidenced by copy of a death certificate supplied to this Court by
the State of Tennessee. This Court, unaware of the petitioner's death, filed an
opinion in this cause on June 10, 2003. It is the policy of this Court that
appeals are abated at the time of death.
State
vs. Robert Leach, Jr. - M2001-01421-CCA-R3-DD View
Davidson County
- The defendant, Robert L. Leach, Jr., was found guilty by a jury of two counts
of premeditated murder, two counts of felony murder, one count of aggravated
rape, and one count of especially aggravated robbery. The felony murder
convictions were merged into the premeditated murder convictions. The jury
sentenced the defendant to death based upon the finding that the aggravating
circumstances outweighed the mitigating circumstances beyond a reasonable
doubt. As to victim Sarah McBride, the jury found three aggravating
circumstances: the defendant had previously been convicted of one or more
violent felonies; the murder was especially heinous, atrocious, or cruel in
that it involved torture or serious physical abuse beyond that necessary to
produce death; and the murder was knowingly committed by the defendant while
committing or attempting to commit robbery or aggravated rape. As to victim
Jean Poteet, the jury found the same three aggravating circumstances and the
additional aggravating circumstance that the victim was seventy years of age or
older or was particularly vulnerable due to a significant handicap or
significant disability, physical or mental. The trial court sentenced the
defendant to consecutive sentences of twenty-five years for the especially
aggravated robbery and aggravated rape convictions. In this appeal, the
defendant raises numerous issues relating to the sufficiency of the evidence,
evidentiary rulings, jury instructions, the constitutionality of the death
penalty, and the application of certain capital case procedures. We conclude
that no harmful error exists, and we affirm the convictions and sentences. The
case should be remanded, though, for correction of clerical errors by which the
judgments for Counts 5 and 6 have respectively been switched to Counts 6 and 5.
State vs. Shun Jones -
W2001-01313-CCA-R3-CD View
Shelby County -
The Appellant, Shun D. Jones, was convicted by a Shelby County jury of two
counts of rape and was sentenced to twenty years in the Tennessee Department of
Correction. On appeal, he argues that the evidence presented at trial was
insufficient to support the verdict. After review, we find no error and affirm
the judgment of the trial court.
State vs.
Jeffery McCraney - W2003-00011-CCA-R9-CD View
Dyer County -
This is an appeal by permission, pursuant to Rule 9 of the Tennessee Rules of
Appellate Procedure. The Defendant, Jeffery McCraney, was indicted by the Dyer
County Grand Jury for various narcotics charges arising out of the search of
his motor vehicle. The trial court suppressed the evidence obtained as a result
of that search, ruling that the search of the Defendant's vehicle was
unconstitutional. The State filed a motion for interlocutory appeal, which was
granted by the trial court. We granted the State permission to appeal, and the
State asserts that the trial court erred when it granted the Defendant' s
Motion to Suppress. We hold that the trial court did not err by granting the
motion because the search of the Defendant's vehicle violated constitutional
protections against unreasonable searches and seizures.
Cases posted the week of 08/18/2003
James Nichols vs. State - M2002-00135-CCA-R3-PC
View
A Davidson
County trial jury convicted the petitioner of first degree murder, for
which he received a life sentence. State v. Nichols, 24 S.W.3d 297, 300 (Tenn.
2000). Thereafter, the petitioner unsuccessfully sought appellate relief from
both this Court and the Tennessee Supreme Court. See id. at 298; State v. James
C. Nichols, No. 01C01-9704-CR-00158, 1998 WL 468638, at *1 (Tenn. Crim. App. at
Nashville, Aug. 12, 1998). Through the present appeal the petitioner seeks
post-conviction relief from his conviction, alleging that his trial attorneys
did not provide effective assistance of counsel. More specifically, the
petitioner asserts that counsel failed to interview and call needed witnesses
and that counsel failed to object to inappropriate questioning of a witness by
the trial court. We have reviewed these allegations and find that neither merit
relief; therefore, we affirm the lower court’s denial of post-conviction
relief
State vs. Calvin Oliver -
M2002-02438-CCA-R3-CD View
Marshall County - The defendant, Calvin Jerome Oliver, pled
guilty in the Marshall County Circuit Court to aggravated robbery, a Class B
felony; aggravated burglary, a Class C felony; two counts of attempted
aggravated robbery, a Class C felony; and three counts of aggravated assault, a
Class C felony. The trial court merged his attempted aggravated robbery
convictions into his aggravated robbery conviction and sentenced him as a Range
II, multiple offender to eighteen years in the Department of Correction (DOC).
The trial court sentenced him to seven years for the aggravated burglary
conviction and eight years for each aggravated assault conviction, all to be
served concurrently to each other but consecutively to the eighteen-year
sentence for an effective sentence of twenty-six years in the DOC. The
defendant appeals, claiming the trial court erred by refusing to apply and give
proper weight to mitigating factors. We affirm the judgments of the trial
court, but we remand the case for correction of a clerical error regarding the
aggravated burglary judgment.
State vs.
Johnny Williams-Bey - M2002-00950-CCA-R3-CD View
Davidson
County - The Defendant, Johnny Darryl Williams-Bey, was convicted by a
jury of carjacking, a Class B felony. See Tenn. Code Ann. § 39-13-404(b).
Following a sentencing hearing, the trial court sentenced the Defendant as a
Range II offender to serve the maximum sentence of twenty years. The trial
court ordered the sentence to be served consecutively to any sentence not yet
served in the federal system. In this direct appeal, the Defendant raises the
following six issues: (1) whether the trial court erred by denying his motion
to suppress evidence of the victim’s identification of the Defendant; (2)
whether the trial court erred by not suppressing evidence found by the police
during his arrest; (3) whether the evidence is sufficient to support his
conviction for carjacking; (4) whether the trial court erred by ruling that, if
the Defendant chose to testify, evidence of two prior convictions would be
admissible to impeach his credibility; (5) whether the trial court effectively
denied the Defendant the right to present a defense; and (6) whether the trial
court erred by imposing the maximum sentence in the Defendant’s range and
by ordering the sentence to be served consecutively to a federal sentence. We
modify the sentence to eighteen years and otherwise affirm the judgment of the
trial court.
State vs. Ronald B. Finch -
M2002-01050-CCA-R3-CD View
Davidson County - The Appellant, Ronald B. Finch, was
convicted by a Davidson County jury of aggravated robbery and attempted
aggravated rape. As a result of these convictions, Finch was sentenced to
concurrent thirty-year sentences in the Department of Correction. On appeal,
Finch raises two issues for our review: (1) whether the evidence was sufficient
to support his convictions and (2) whether the sentences imposed were
excessive. After review of the record, we find no error. Accordingly, the
judgment is affirmed.
State vs. James Alan
Sheppard - M2002-01358-CCA-R3-CD View
A Davidson
County jury convicted the Defendant for one felony count and one
misdemeanor count of leaving the scene of an accident involving death or injury
pursuant to Tennessee Code Annotated section 55-10-101(b)(1)-(2). The trial
court sentenced the Defendant to an effective sentence of eighteen months with
forty-five days to be served in the county jail and the remainder to be served
on probation. The Defendant now appeals, arguing that the trial court erred by
granting the State’s motion to amend the indictment without the consent of
the Defendant. After a review of the record, we conclude that the amendment was
invalid. We therefore reverse the Defendant’s felony conviction and remand
the case to the trial court to enter the conviction as a misdemeanor.
State vs. Kenneth Strickland -
M2002-00543-CCA-R3-CD View
Rutherford County - The appellant, Kenneth Strickland, was
convicted by a jury in the Rutherford County Circuit Court of possession of .5
grams or more of cocaine with the intent to deliver or sell. The trial court
sentenced the appellant to twelve years incarceration in the Tennessee
Department of Correction. On appeal, the appellant argues that the evidence is
insufficient to support his conviction. Upon review of the record and the
parties’ briefs, we affirm the judgment of the trial court.
State vs. John A. Turbyville -
E2002-00629-CCA-R3-CD View
Sullivan County - The appellant was convicted by a jury of the
offense of reckless aggravated assault. He received a sentence of seven years
incarceration as a Range II multiple offender convicted of a Class D felony. On
appeal the appellant contends that the evidence is insufficient to support the
verdict and that the trial court erred in denying him any form of alternative
sentencing. Appellate review is available for these two issues despite the fact
that the appellant failed to file a timely motion for new trial under Tenn. R.
Crim. P. 33(b). However, review of these issues is dependent on either a timely
filed notice of appeal, or in the interest of justice, a waiver of the timely
filing of a notice appeal. Tenn. R. App. P. 4(a). Because the appellant filed a
late motion for a new trial, his notice of appeal is likewise tardy. Neither
has the appellant sought a waiver of the timely filing of the notice of appeal.
Under these circumstances the appeal is DISMISSED.
State vs. Brandon Ray Roland -
E2002-00927-CCA-R3-CD View
Rhea County - Following a jury trial, Defendant, Brandon Ray
Roland, was convicted of first degree premeditated murder, first degree felony
murder and theft of property over $10,000. The trial court merged the felony
murder conviction into the premeditated first degree murder conviction and
sentenced Defendant to life imprisonment. After a sentencing hearing, the trial
court sentenced Defendant to three years for the theft conviction and ordered
the sentence to run concurrently with the life sentence. In his appeal,
Defendant argues that (1) the evidence is insufficient to sustain his
conviction for first degree murder; (2) the trial court erred in not granting a
new trial because of improper juror conduct; (3) the trial court erred in not
suppressing a letter written by Defendant while in juvenile detention; and (4)
the Rhea County Juvenile Court erred in transferring Defendant to stand trial
as an adult. Defendant does not appeal his conviction for theft. Following a
thorough review of the record, we affirm the judgment of the trial court.
State vs. Howard Higley -
E2001-02525-CCA-R3-CD View
A
Hamilton County jury convicted the Defendant of driving under the
influence (DUI), second offense. The trial court sentenced the Defendant to the
following: "11 months, 29 days suspended after 6 months day for day (11 months,
29 days suspended probation after the 6 months)." The trial court also revoked
the Defendant's driver's license for two years, ordered the Defendant to pay a
$610 fine, and ordered the Defendant to avoid alcohol throughout the probation
period. In addition, the trial court imposed twenty days of community service
to be completed within one year. The Defendant now appeals, arguing the
following: 1) that the trial court erred by denying the Defendant's motion to
suppress the results of a breathalyser test, 2) that the trial court erred by
limiting the testimony of the Defendant's accident re-construction expert's
testimony about the Tennessee Department of Transportation's statistics
regarding traffic accidents that occurred at the intersection in question, and
3) that the trial court abused its discretion by sentencing the Defendant to a
sentence in excess of the maximum sentence available by statute for a DUI
second offense. Finding no reversible error as concerns the conviction, we
affirm the conviction. We vacate the sentence and remand for entry of an
amended judgment.
Ronald Rice vs. David
Mills - E2003-00328-CCA-R3-PC View
Morgan County
- The petitioner, Ronald W. Rice, filed in the Morgan County Criminal Court
("the habeas court") for habeas corpus relief, alleging that he received an
illegal sentence for his conviction for an aggravated rape which occurred in
1983. The habeas court granted the petitioner relief. On appeal, the State
contends that the habeas court erred in finding that the petitioner was
entitled to relief. Upon review of the record and the parties' briefs, we
reverse the judgment of the Morgan County Criminal Court, reinstate the
petitioner's aggravated rape conviction, and remand to the Williamson County
Criminal Court ("the convicting court") for correction of the judgment of
conviction.
Barry Winfred Ritchie vs.
State - E2002-02609-CCA-R3-PC View
Hamilton
County - In a series of steps designed to challenge his 1981
convictions for armed robbery and aggravated rape, Petitioner, Barry Winfred
Ritchie, filed various pro se motions including (1) a motion for
post-conviction relief and/or writ of error coram nobis, (2) a motion for
relief of judgment pursuant to Rule 60.02 of the Tennessee Rules of Civil
Procedure, (3) a petition for common law writ of certiorari, and (4) a motion
to quash the indictments and correct an illegal sentence. All pleadings are
predicated on the same allegation that the Hamilton County Criminal Court
lacked territorial jurisdiction to try and convict Petitioner of the charged
offenses. Following a careful review of the record, we affirm the judgments of
the trial court.
State vs. Steven
Paul Deskins - M2002-01808-CCA-R3-CD View
A Davidson County
jury convicted the defendant, Steven Paul Deskins, of seven counts of rape of a
child and four counts of aggravated sexual battery. The trial court imposed an
effective seventy-year sentence. In this appeal, the defendant challenges: (1)
the sufficiency of the evidence supporting his convictions; (2) the
admissibility of evidence indicating the defendant married his wife when she
was seventeen years old; (3) the admissibility of evidence regarding statements
the defendant made to his wife during sexual intercourse which were similar to
statements allegedly made to the victim; and (4) the imposition of consecutive
sentences for three of the convictions. We reverse one of the aggravated sexual
battery convictions as being in violation of due process and double jeopardy.
Otherwise, we affirm the judgments of the trial court.
Matthew Bruce Henderson vs. State -
M2002-02501-CCA-R3-PC View
Davidson
County - The petitioner, Matthew Bruce Henderson, appeals the denial
of his petition for post-conviction relief. The petitioner originally entered
best interest guilty pleas to two counts each of rape of a child, aggravated
sexual battery, and statutory rape, and received an effective sentence of
twenty-four years. On appeal, the petitioner contends (1) he received
ineffective assistance of counsel in entering his pleas; (2) the trial court
erred in failing to hold a competency hearing prior to accepting his pleas; and
(3) his guilty pleas were not knowingly and voluntarily entered. Upon review of
the record and applicable law, we affirm the judgment of the post-conviction
court.
State vs. Kevin Scott
Olmstead - M2002-02120-CCA-R3-CD View
Davidson
County - The defendant, Kevin Scott Olmstead, pled guilty to two
counts of aggravated assault. Following a sentencing hearing, the trial court
imposed two consecutive five-year sentences. On appeal, the defendant contends
his sentences are excessive. We affirm the judgments of the trial court.
Vernon Elkins, Jr. vs. State -
M2002-00117-CCA-R3-PC View
Cannon County - The petitioner appeals the denial of
post-conviction relief after his second degree murder conviction and argues his
trial counsel (1) deprived him of his right to testify, and (2) failed to
effectively represent him at trial. We affirm the judgment of the
post-conviction court.
State vs.
Stephanie C. Hadley - M2002-02441-CCA-R3-CD View
Dickson
County - The defendant pled guilty to felony failure to appear.
Following a sentencing hearing, the trial court imposed a one-year sentence
with ninety days of incarceration followed by probation. The defendant appeals
the denial of full probation. We affirm the judgment of the trial court but
remand for correction of a clerical error in the judgment.
State vs. Bobby Holt Jr. - W2002-02443-CCA-R3-CD
View
Hardin
County - The defendant, Bobby Holt, Jr., pled guilty to one count of
aggravated burglary, four counts of burglary, three counts of theft over $1000,
and one count of theft under $500. The trial court imposed sentences of five
years for aggravated burglary, three years on each count of burglary, three
years on each count of theft over $1000, and eleven months and twenty-nine days
for theft under $500. The sentences were ordered to be served concurrently, for
an effective, Range I sentence of five years. In this appeal, the defendant
asserts that (1) the trial court erred in the application of enhancement and
mitigating factors and (2) that the trial court erred by denying an alternative
sentence. The judgments of the trial court are affirmed.
Cases posted the week of 08/11/2003
State vs. Michael Salvatore Morani -
E2002-02394-CCA-R3-CD View
Cumberland
County - The defendant, Michael Salvatore Morani, was convicted of one
count of attempted first degree murder and one count of theft over $10,000. The
trial court imposed consecutive Range I, standard sentences of twenty-three
years and five years respectively. The defendant was fined a total of $60,000.
In this appeal of right, the defendant contends that the twenty-three-year
sentence for attempted murder is excessive and that the trial court erred by
imposing the maximum fines on each count. The judgments are affirmed.
State vs. Thomas Mitchell -
W2002-01781-CCA-R3-CD View
Shelby
County - Defendant, Thomas Mitchell, was indicted by the Shelby County
Grand Jury for burglary of a building other than a habitation, a Class D
felony. Following a jury trial, Defendant was convicted as charged and
sentenced as a persistent offender to ten years and six months confinement. In
this appeal as of right, Defendant presents a single issue, whether the trial
court erred in failing to instruct the jury on the lesser-included offense of
facilitation. After a review of the record, we affirm the judgment of the trial
court.
State vs. Gregory Robinson -
W2001-01299-CCA-R3-DD View
Shelby County
- The defendant, Gregory Robinson, appeals as of right his conviction for
premeditated first degree murder and sentence of death arising from the May 1,
1997, murder of Vernon Green. He also appeals from the judgment of conviction
for especially aggravated kidnapping and its twenty-five-year consecutive
sentence. A Shelby County jury convicted the defendant of premeditated first
degree murder based upon the theory of criminal responsibility for the conduct
of another. Following a separate sentencing hearing, the jury sentenced the
defendant to death after finding two aggravating circumstances beyond a
reasonable doubt, i.e., the murder was especially "heinous, atrocious, or
cruel," see Tenn. Code Ann. § 39-13-204(i)(5), 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 a
kidnapping, see id. § 39-13-204(i)(7). The defendant appeals, presenting
for our review the following contentions: (1) the trial court erred in denying
the defendant's motion for individual and sequestered voir dire; (2) the trial
court's conclusory rejection of a timely Batson challenge warrants a remand;
(3) the evidence was insufficient to sustain the guilty verdicts; (4) the
defendant did not receive a fair trial in the guilt phase due to the state's
use of inconsistent theories in the trial of the defendant and the subsequent
trial of a co-defendant; (5) prosecutorial misconduct regarding witness Jarvis
Shipp deprived the defendant of a fair trial; (6) the state engaged in multiple
instances of misconduct affecting identification issues; (7) the display of the
victim's skull and admission of gruesome photographs during the guilt phase
were unduly prejudicial; (8) numerous instances of prosecutorial misconduct
deprived the defendant of a fair trial; (9) the trial court erroneously
instructed the jury as to intentional and knowing conduct, direct and
circumstantial evidence, and reasonable doubt; (10) the trial court erred by
failing to instruct the jury on the lesser-included offenses of facilitation
and solicitation of first degree murder and especially aggravated kidnapping;
(11) the trial court erred by failing to declare a mistrial due to instances of
jury perjury and likely intrusions into the sequestration of the jury; (12) the
trial court erred by not granting a new trial in its role as thirteenth juror;
(13) cumulative error warrants reversal of the convictions; (14) the sentence
for especially aggravated kidnapping was excessive; (15) the "heinous,
atrocious, or cruel" and felony murder aggravators are unconstitutional; (16)
the trial court erred in the penalty phase by denying a mistrial when there was
testimony regarding the defendant's prior arrest; (17) the trial court erred by
permitting prejudicial and inaccurate information to reach the jurors regarding
"aggravating circumstances"; (18) the trial court unconstitutionally prevented
the jury from considering relevant mitigating evidence; (19) the admission of a
gruesome photograph during the penalty phase was unduly prejudicial; (20) the
prosecutor presented improper jury argument during the penalty phase; (21) the
trial court gave erroneous jury instructions during the penalty phase
concerning reasonable doubt and the "knowing" mens rea for the felony murder
aggravator; (22) the aggravating circumstances were not established; (23) the
state's use of inconsistent theories in the trials of the defendant and a
co-defendant deprived the defendant of a fair sentencing determination
involving the death penalty; (24) the death sentence should be vacated based
upon a violation of Apprendi v. New Jersey; (25) the trial court erred by not
granting a new sentencing hearing based upon its role as thirteenth juror; (26)
the trial court erred in failing to find the death penalty, lethal injection,
and the system of capital punishment in Tennessee are unconstitutional; and
(27) a comparative proportionality review should result in vacating his death
sentence. Upon our review, we reverse both convictions and remand for a new
trial due to the failure to instruct on facilitation and solicitation as
lesser-included offenses.
State vs. Carlos
Caudill - E2002-02339-CCA-R3-CD View
Claiborne
County - Defendant, Carlos Caudill, was indicted by the Claiborne
County Grand Jury for second degree murder. On December 18, 2001, Defendant
entered a guilty plea as a Range II multiple offender to voluntary
manslaughter, with the length and manner of service of his sentence to be
determined by the trial court. Following a sentencing hearing, the trial court
sentenced Defendant to nine years imprisonment. Defendant appeals the length
and manner of service of his sentence. We find no error and affirm the judgment
of the trial court.
Thomas Smith vs.
State - M2002-02181-CCA-R3-CD View
Robertson
County - The state appeals the Robertson County Circuit Court's
granting of post-conviction relief to the petitioner, Thomas D. Smith. The
state contends the post-conviction court erred in granting relief based upon
the original trial court's failure to reduce to writing its answer to a jury
question posed during deliberations at the petitioner's trial. Upon review of
the record and the applicable law, we reverse the judgment of the
post-conviction court.
State vs. Melissa Lee
Sholtz - E2002-01170-CCA-R3-CD View
The appellant, Melissa Lee Sholtz,
pled guilty in the Hamilton County Criminal Court to one count of
telephone harassment, a Class A misdemeanor. Pursuant to the plea agreement,
the appellant was sentenced to eleven months and twenty-nine days in the county
workhouse, with the sentence to be suspended and served on unsupervised
probation. As a condition of probation, the appellant was ordered to have no
contact with the victim. The trial court subsequently revoked the appellant's
probation after finding that the appellant had violated the terms of probation
by having contact with the victim. On appeal, the appellant argues that the
trial court abused its discretion in revoking her probation. Upon review of the
record and the parties' brief, we reverse the judgment of the trial
court.
State vs. Timothy
Clayton Thompson - E2002-01710-CCA-R3-CD View
Knox
County - Defendant, Timothy Clayton Thompson, pled guilty to one count
of especially aggravated kidnapping, a Class A felony, and one count of
aggravated rape, a Class A felony, without a recommendation from the State as
to sentencing. Following a sentencing hearing, the trial court sentenced
Defendant to twenty-two years for each felony count and ordered the sentences
to run consecutively. Defendant now appeals the length of his sentence and the
trial court's imposition of consecutive sentences. After a careful review of
the record in this matter, we affirm the judgment of the trial court.
State vs. Jimmy Wayne Perkey -
E2002-00772-CCA-R3-CD View
Knox County -
The defendant, Jimmy Wayne Perkey, pled guilty to aggravated vehicular
homicide. The trial court subsequently sentenced the defendant to serve
twenty-five years as a Range I standard offender and ordered the defendant to
pay a $50,000 fine. The defendant brings the instant appeal challenging his
sentence and the imposition of his fine. After reviewing the record, we find
that none of the defendant's claims merit relief.
State vs. Darlene Renee Blackhurst -
E2002-01249-CCA-R3-PC View
Sullivan
County - On January 10, 2000, defendant, Darlene Renee Blackhurst,
pled guilty to a second offense of driving under the influence of an intoxicant
("DUI"), leaving the scene of an accident involving injury, and three counts of
reckless aggravated assault. Following a sentencing hearing, the trial court
imposed an effective sentence of three years, eleven months and twenty-nine
days and ordered the sentence to be served on intensive supervised probation
following a mandatory forty-five days in confinement for the DUI second
offense. The State appealed the trial court's grant of full probation. After a
de novo review, this Court reversed the trial court's judgment regarding the
manner of service of defendant's sentence and remanded the matter to the trial
court for the limited purpose of determining whether defendant should be
incarcerated for the full term of her sentence, or, in the alternative, whether
she should serve the balance of her sentence in split confinement. We directed
the trial court to base its sentencing determination as to the manner of
service of defendant's sentence on the current record without a further
evidentiary hearing. State v. Blackhurst, 70 S.W.3d 88 (Tenn. Crim. App. 2001).
On remand, the trial court found that defendant was not entitled to alternative
sentencing and ordered defendant to serve her sentence in confinement.
Defendant now appeals her sentence arguing that (1) the trial court erred in
denying defendant's request for alternative sentencing; (2) the trial court
erred in not considering additional evidence concerning defendant's
post-sentencing behavior; (3) that the trial court erred in not allowing
defendant credit for the time served on probation prior to resentencing; and
(4) that the trial court improperly weighed the applicable mitigating and
enhancement factors in determining the manner of service of defendant's
sentence. After a thorough review of the record in this matter, we affirm the
judgment of the trial court.
State vs.
Ronald C. Floyd - E2001-03044-CCA-R3-CD View
Cumberland
County - The defendant, Ronald C. Floyd, pled guilty to possession of
Diazepam, a Schedule IV controlled substance, with the intent to sell or
deliver, a Class D felony. Pursuant to Tennessee Rule of Criminal Procedure 37,
the defendant reserved as a certified question of law the issue of whether the
trial court erred by denying his motion to suppress. In this appeal, the issues
presented are: (1) whether the failure to provide the defendant with a copy of
the search warrant at or before the initiation of the search invalidated the
search, and (2) whether the description of the property to be seized as stated
in the warrant was so general as to render the warrant invalid. The judgment of
the trial court is affirmed.
State vs. Mark
Howard Russell - E2002-02098-CCA-R3-CD View
Hamilton
County - Defendant, Mark Howard Russell, was indicted by the Hamilton
County Grand Jury for the following misdemeanor offenses: possession of
cocaine, possession of methamphetamine, possession of drug paraphernalia, and
operation of a motor vehicle without properly operating stop lights. Defendant
sought to suppress evidence seized by a police officer during a traffic stop.
Following an evidentiary hearing, the trial court denied Defendant's motion to
suppress evidence. Defendant subsequently entered guilty pleas to three of the
four counts. Defendant did not plead guilty to possession of methamphetamine.
The charge was dismissed because the laboratory report was negative for that
substance. Defendant reserved the right to appeal, pursuant to Tennessee Rules
of Criminal Procedure 37(b)(2), the issue of whether the warrantless search was
constitutional. We conclude that Defendant's Fourth Amendment rights were not
violated and affirm the judgments of the trial court.
State vs. Brandy D. Forrest - M2002-02434-CCA-R3-CD
View
Davidson
County - A Davidson County jury convicted the defendant, Brandy D.
Forrest, of driving under the influence, first offense. The trial court imposed
a sentence of eleven months and twenty-nine days with twenty days incarceration
followed by probation. On appeal, the defendant asserts the trial court erred
by allowing irrelevant and prejudicial testimony and a videotape to be
presented to the jury. We affirm the judgment of the trial court.
State vs. Sanders Caldwell - W2002-01595-CCA-R3-CD
View
Shelby
County - The Appellant was convicted of burglary of a building and
vandalism in the Criminal Court for Shelby County, and was sentenced to a total
of seven years of confinement by the trial court. The sole issue the Appellant
raises on appeal is whether sufficient evidence was presented at trial to
convict him of the charged offenses of burglary and vandalism. Finding no
error, we affirm the judgments of the trial court.
State vs. Quinten Turnage - W2002-0269-CCA-R3-CD
View
Shelby
County - A Shelby County jury convicted the Defendant of escape, and
the Defendant now appeals his conviction. The sole issue on appeal is the
sufficiency of the convicting evidence. Concluding that the evidence is legally
sufficient to support the Defendant's conviction, we affirm the conviction.
State vs. Mark Grimes -
W2002-01583-CCA-R3-CO View
Lake County -
The pro se appellant, Mark Grimes, appeals from the denial of his petition for
the writ of habeas corpus. Since we find that the instant case is analogous to
the Tennessee Supreme Court case of McLaney v. Bell, 59 S.W.3d 90 (Tenn. 2001);
the circuit court erred in summarily dismissing the habeas corpus petition
without the appointment of counsel and a hearing. We therefore reverse the
judgment of the circuit court and remand for proceedings consistent with this
opinion.
State vs. Tracey Fulcher -
W2003-00061-CCA-R3-CD View
Dyer County -
The defendant, Tracey Michael Fulcher, charged with aggravated kidnapping and
rape, pled guilty to attempted rape. The trial court imposed a Range I sentence
of four years, with all but one year suspended. In this appeal of right, the
defendant contends that his four-year sentence is excessive and that the trial
court erred by denying full probation. The judgment is affirmed.
State vs. DeShawn McClenton -
W2002-02745-CCA-R3-PC View
Shelby
County - The petitioner, DeShawn McClenton, appeals the denial of his
petition for post-conviction relief. The single issue presented for review is
whether his trial counsel was ineffective by failing to object to certain of
the testimony offered on behalf of the state. The judgment of the trial court
is affirmed.
State vs. Richard Rogers -
W2002-01632-CCA-R3-CD View
Lauderdale
County - Defendant, Richard C. Rogers, appeals his convictions in the
Lauderdale County Circuit Court for burglary of a vehicle, a class E felony,
and theft of property in an amount over $1,000 and less than $10,000, a class D
felony. Following a jury trial, Defendant was sentenced as a career offender to
six years for his burglary conviction and twelve years for his theft
conviction, to be served concurrently. In this appeal as of right, Defendant
contends that the evidence at trial was insufficient to support his convictions
beyond a reasonable doubt. After review of the record, we affirm the judgments
of the trial court.
State vs. Clyde Smith
- M2002-02138-CCA-R3-CD View
Robertson
County - Following a bench trial, the Appellant, Clyde Smith, was
convicted by the Robertson County Circuit Court of two counts of sale of
cocaine less than 0.5 grams, class C felonies. He received concurrent
fifteen-year sentences. The single issue for our review is whether the evidence
was sufficient to support the verdict. After review of the record, we find the
evidence sufficient and affirm the judgment of the trial court.
Terell
Lawrence vs. State - M2002-01851-CCA-R3-PC View
Davidson
County - The petitioner, Terrell Lawrence, appeals the denial of his
petition for post-conviction relief from his convictions for second degree
murder, aggravated assault, and carjacking, arguing that his guilty pleas were
not knowing, understanding, and voluntary and that he was denied the effective
assistance of counsel during the plea process. The post-conviction court denied
the petition and, following our review, we affirm.
State vs. Frankie Ledbetter - M2002-02125-CCA-R3-CD
View
Marion
County - The defendant was convicted of incest and rape of a child and
sentenced to twenty-three years at 100% for the rape of a child conviction and
eight years as a Range II, multiple offender for the incest conviction, the
sentences to be served concurrently. The defendant was also fined $50,000 for
the rape of a child conviction and $10,000 for the incest conviction. On
appeal, the defendant presents the following claims: (1) the evidence was
insufficient to support his convictions; (2) the trial court erred in
determining that the six-year-old victim was competent to testify and
improperly vouched for the credibility of the child-victim; (3) the trial court
erred in giving the expert witness instruction to the jury; and (4) the trial
court denied the defendant a fair trial by refusing to let him conduct a voir
dire examination of each juror individually and out of the presence of the
other jurors. Upon review, we affirm the judgments of the trial court but
remand for entry of corrected judgments to reflect that the defendant was
convicted of Counts 3 and 4, rather than Counts 1 and 2, of the indictment and
to reflect the defendant's fines which were omitted from the judgments.
State vs. Walter Sanchez, Jr. -
E2002-02812-CCA-R3-CD View
Sullivan
County - The appellant, Walter Sanchez, Jr., pled guilty to violating
an order declaring him to be an habitual motor vehicle offender. The plea
agreement provided that the appellant would receive a sentence of two years
incarceration in the Tennessee Department of Correction and pay a $500.00 fine.
The manner of service of the sentence was to be determined by the trial court.
On appeal, the appellant argues that the trial court erred in denying him
probation or some other form of alternative sentencing. Upon review of the
record and the parties' briefs, we affirm the judgment of the trial court.
State vs. Stephen Eugene Davis -
E2002-02680-CCA-R3-CD View
Hamilton County
- Defendant, Stephen Eugene Davis, was convicted of violating Tenn. Code Ann.
§ 55-10-401, which prohibits driving under the influence of an intoxicant.
Following a bench trial, Defendant was fined $360 and sentenced to eleven
months and twenty-nine days to be suspended after serving thirty days in jail.
In this appeal as of right, Defendant argues that the period of confinement
imposed is excessive for a first offense and that the trial court placed undue
emphasis on Defendant's former employment as a police officer. We agree and
conclude that the trial court improperly considered Defendant's failure to
accept the State's plea offer. Accordingly, we reduce the period of confinement
involved in Defendant's sentence to fifteen days of continuous confinement and
affirm the judgment of the trial court in all other respects.
Cases posted the week of 08/04/2003
State vs. Donald Wade Goff -
E2002-00691-CCA-R3-CD View
Campbell County -
The defendant appeals from jury-trial convictions for multiple counts of rape
of a child, rape, incest, contributing to the delinquency of a minor, and
attempted rape. In this appeal, the defendant challenges the sufficiency of the
evidence related to his rape and contributing to the delinquency of a minor
convictions, alleges that the trial court committed reversible error in failing
to sever the charged offenses, and complains that his effective 80-year
sentence is excessive. Based on our review, we find insufficient evidence to
support the rape convictions, dismiss those convictions without prejudice to
further prosecution on lesser-included offenses, reverse one conviction of
contributing to the delinquency of a minor and dismiss that charge,