Court of Criminal Appeals Opinions - 4th Quarter 2001

The following Opinions are available for download:

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Cases posted the week of 12/24/2001
State vs. Dale Godwin - W2001-00212-CCA-R3-CD View
Obion County - In 1995, the Defendant pled guilty to four felony drug charges for which he received three concurrent eight-year sentences and one concurrent five-year sentence, to be served on Community Corrections. Subsequently, the trial court revoked the Defendant's Community Corrections sentences and ordered him to serve twelve years in the Tennessee Department of Correction. The Defendant now appeals, alleging that the trial court lacked jurisdiction to re-sentence the Defendant and that the twelve year sentence was improperly imposed. Finding no error, we affirm the judgment of the trial court.

State vs. Charles Vanderford - W2000-02639-CCA-R3-CD View
Hardin County - The appellant, Charles David Vanderford, appeals the order of the Circuit Court of Hardin County revoking the community corrections sentences that he received following his convictions by a jury of two counts of possession of a controlled substance with intent to sell. The appellant challenges the trial court's reliance upon his commission of crimes during the pendency of his appeal from his convictions of felony drug possession and prior to the commencement of his community corrections sentences. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court.

State vs. Waldo Wiggins Jr. - W2000-02766-CCA-R3-CD View
Tipton County - Following transfer to circuit court for trial as an adult, the juvenile defendant, Waldo Wiggins, Jr., was convicted of first degree murder. On appeal, Defendant challenges (1) whether the denial of bail by the juvenile court and subsequent bond of $ 250,000 set by the circuit court violated his right to due process of law, and (2) whether the evidence was sufficient to support his conviction. After a review of the record, we affirm.

State vs. Eric Wright - W2001-00386-CCA-R3-PC View
State vs. Eric Wright - W2001-00386-CCA-R3-PC ( Dissent) View
Shelby County - The Petitioner filed a petition for post-conviction relief on December 11, 2000, in which he attacked convictions entered in September 1990 and upon which final appellate action was taken in 1992. The post-conviction court dismissed the petition without a hearing, because it was filed outside the statute of limitations. Concluding that the post-conviction court erred by dismissing the petition without an evidentiary hearing, we reverse and remand to the post-conviction court for such a hearing.

State vs. Mario Johnson - W2001-00372-CCA-R3-CD View
Shelby County - The defendant, Mario A. Johnson, was convicted of facilitation to commit first degree murder and especially aggravated robbery. The trial court imposed a Range I sentence of 20 years for facilitation of first degree murder and a concurrent sentence of 23 years for especially aggravated robbery. In this appeal of right, the defendant challenges the sufficiency of the evidence. The judgments are affirmed.

State vs. Clifton Shelton - W2000-00610-CCA-R3-CD View
Shelby County - The defendant, Clifton Shelton, pled guilty to simple possession of marijuana, a Class A misdemeanor. The trial court sentenced the defendant to 11 months and 29 days, requiring him to spend four months in a halfway house and the balance of his sentence on probation. The defendant argues that the trial court erred by failing to suspend his entire sentence. Because the trial court relied on the defendant's prior grant of judicial diversion in denying full probation, the judgment is modified and the cause is remanded to the trial court.

State vs. Joe Scott - W2001-00589-CCA-R3-CD View
Shelby County - The defendant, Joe Scott, was convicted of aggravated robbery. The trial court imposed a Range II sentence of 19 years. In this appeal of right, the defendant challenges the sufficiency of the evidence. The judgment is affirmed.

State vs. Carlos Haywood - W2001-00451-CCA-R3-PC View
Shelby County - The Appellant, Carlos Haywood, appeals from the dismissal of his petition for post-conviction relief. Haywood was convicted by a Shelby County Criminal Court Jury of felony murder and attempted especially aggravated robbery, and was sentenced to life imprisonment plus ten years. On appeal, Haywood argues that he received ineffective assistance of counsel. After review, we affirm the judgment of the post-conviction court dismissing the petition.

State vs. Darrin Fleming - W2001-00028-CCA-R3-CD View
Shelby County - The defendant, Darrin Fleming, was convicted of aggravated burglary, assault, and criminal responsibility for facilitation of robbery. The trial court imposed an effective sentence of six years. In this appeal of right, the defendant contends that the evidence was insufficient to support his convictions for aggravated burglary and assault and that the trial court erred by refusing to give a special instruction on criminal responsibility. The judgments of the trial court are affirmed.

State vs. Bernard Keys - W2000-03138-CCA-R3-CD View
The Shelby County Grand Jury returned two indictments against the defendant, one for aggravated burglary and one for misdemeanor evading arrest. The trial court consolidated the indictments prior to trial pursuant to Tenn. R. Crim. P. 8(b). The defendant was found guilty of both charges by a Shelby County jury. In this appeal, the defendant contends (1) the evidence is insufficient to sustain his convictions; and (2) the trial court improperly consolidated the indictments. After a thorough review of the record, we affirm the judgments of the trial court.

State vs. Rayfield Brice - W2000-02601-CCA-R3-CD View
Shelby County - A jury convicted the defendant of aggravated robbery, and the trial judge sentenced him to 12 years incarceration as a Range I standard offender. In this appeal, the defendant contends: (1) the evidence was insufficient to sustain his conviction; (2) his custodial statement should have been suppressed; (3) a juror failed to respond to a voir dire question concerning prior involvement in the legal system, thereby depriving the defendant of a fair and impartial jury; (4) the trial court erroneously disallowed admission of a crime scene report; and (5) his sentence was excessive. After a thorough review of the record, we affirm the judgment of the trial court.

State vs. Roger Carter - W2001-00135-CCA-R3-CD View
Shelby County - The defendant was convicted of the premeditated first degree murder of his wife and sentenced to life imprisonment without the possibility of parole. In this appeal the defendant contends the evidence was insufficient to sustain his conviction. After a thorough review of the record, we affirm the judgment of the trial court.

State vs. Ned Jackson - W2000-02589-CCA-R3-CD View
State vs. Ned Jackson - W2000-02589-CCA-R3-CD ( Dissent) View
Shelby County - The Defendant, Ned Jackson, was convicted by a jury of aggravated robbery, and the trial court sentenced him to ten years in the Tennessee Department of Correction. The Defendant now appeals, arguing the following: (1) that insufficient evidence of the Defendant's identity as the culprit was presented to convict the Defendant of aggravated robbery and (2) that the trial court erred in refusing to instruct the jury on the lesser-included offenses of theft and aggravated assault. Finding no error, we affirm the judgment of the trial court.

State vs. James Whitelow & Robert Robertson - W2001-00713-CCA-R3-CD View
Lauderdale County - Defendants James Whitelow and Robert Robertson appeal their convictions for possession of cocaine in an amount over 26 grams with intent to deliver. Both argue the evidence was not sufficient to support their convictions. Whitelow also argues the forensic report was erroneously admitted into evidence, and the jury's verdict was the result of passion and prejudice caused by the prosecutor's statements regarding Whitelow's alias nickname. We affirm the judgment of the trial court.

State vs. Donavan Daniel - W2000-00981-CCA-R3-CD View
Weakley County - After a jury trial, the defendant, a juvenile at the time of the offenses, was convicted of six counts arising out of the shooting deaths of two victims. The jury sentenced him to life in prison for Count One, first degree premeditated murder of the first victim, and for Count Two, first degree felony murder of the first victim based upon robbery of the first victim. The jury sentenced him to life in prison without the possibility of parole for Count Three, first degree felony murder of the second victim based upon premeditated murder of the first victim, and for Count Four, first degree felony murder of the second victim based upon robbery of the first victim. The trial court merged the conviction for Count Two into Count One, and the conviction for Count Four into Count Three. The trial court sentenced the defendant to twenty (20) years for Count Five, especially aggravated robbery, one (1) year for Count Six, possession of marijuana with intent to resell, and ordered the sentences to be served concurrently. On appeal, the defendant challenges the trial court's denial of his motion to suppress and his request for a state-funded mitigation expert, as well as the sufficiency of the evidence to support his convictions for first-degree murder. After careful review of the record, we hold that the trial court did not err in failing to suppress the defendant's statements. Further, we hold that although the defendant's status as a non-capital defendant did not preclude him from receiving state-funded expert services, our de novo review of the record reveals that the defendant failed to make the required showing of a particularized need for a mitigation expert. Therefore, the trial court's denial of the defendant's request for such services was correct. Finally, we hold the evidence is sufficient to sustain the defendant's convictions for premeditated and felony murder in the first degree. Accordingly, we affirm the judgments of the trial court.

State vs. Ronald Dotson - W2000-03115-CCA-R3-CD View
A Shelby County jury convicted the Defendant of aggravated robbery, and the trial court sentenced him as a repeat violent offender to life imprisonment. In this appeal as of right, the Defendant argues (1) that insufficient evidence of his identity as the perpetrator was presented at trial and (2) that there was a material variance between the indictment and the proof at trial. Having reviewed the record, we conclude (1) that sufficient evidence was presented to support the Defendant's conviction and (2) that a variance between the indictment and the proof at trial existed, but that the variance did not affect the substantial rights of the Defendant and thus was not fatal. We therefore affirm the judgment of the trial court.

State vs. Tony Johnson - W2001-00026-CCA-R3-CD View
Shelby County - The Defendant, Tony D. Johnson, was convicted by a Shelby County jury of felony possession of cocaine with intent to sell. After a sentencing hearing, the Defendant was sentenced to ten years as a Range I standard offender. In this appeal as of right, the Defendant contends that (1) the evidence presented at trial is insufficient to support the jury's verdict of guilty beyond a reasonable doubt and (2) the trial court erred in imposing a ten year sentence. We affirm the judgment of the trial court.

State vs. Joseph Maka - W2001-00414-CCA-R3-CD View
Madison County - Indicted for the offense of premeditated first degree murder, defendant was convicted of the lesser-included offense of second degree murder and sentenced to twenty-three years. In this appeal as of right, defendant presents the following issues: (1) whether the evidence was sufficient to support the verdict; (2) whether the trial court erred in failing to grant a mistrial when the state referred to defendant's being in jail pending trial; (3) whether the trial court erred in admitting defendant's prior misdemeanor convictions for impeachment purposes; (4) whether the trial court erred in failing to grant a mistrial when the prosecutor misstated the evidence in final argument; (5) whether the trial court erred in failing to grant a mistrial when extraneous prejudicial information was present during jury deliberations; and (6) whether the sentence was excessive. We find no error and affirm the judgment of the trial court.

State vs. Johnathan Trice - W2000-02740-CCA-R3-CD View
Chester County - The appellant, Jonathan Trice, pled guilty in the Chester County Circuit Court to five counts of theft and was sentenced to a total of four years incarceration in the Tennessee Department of Correction. The appellant's sentence was then suspended, and the appellant was granted service in a community corrections program. Due to the appellant's failure to comply with the terms of community corrections, the trial court revoked the appellant's suspended sentence and ordered that the appellant serve his sentence in confinement as originally ordered. The appellant appeals this ruling. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

State vs. Anthony Bynum - W2001-00111-CCA-R3-CD View
Weakley County - The defendant, Anthony D. Bynum, was convicted of possession of anhydrous ammonia, a Class E felony. The trial court sentenced the defendant to three years, one year to be served in the Weakley County Jail and the balance to be served on probation. The defendant was fined $1,000.00. In this appeal of right, the defendant asserts that the evidence was insufficient to support his conviction and that his sentence was excessive. The judgment of the trial court is affirmed.

State vs. Danny Munson - W2001-00151-CCA-R9-CD View
State vs. Danny Munson - W2001-00151-CCA-R9-CD ( Concur) View
Shelby County - This is an interlocutory appeal by the state from an order by the trial court excluding a .20 breathalyzer result from consideration in the imposition of an enhanced sentence for a DUI offense. The order is vacated and the cause is remanded for trial.

State v. Chianti Fuller - No. M2001-00463-CCA-R3-CD View
Bedford County - The Defendant, Chianti Fuller was indicted for four offenses: (1) possession with intent to sell 0.6 grams of cocaine, a schedule II controlled substance, (2) possession with intent to deliver 0.6 grams of cocaine, a schedule II controlled substance, (3) simple possession of marijuana, a schedule VI controlled substance, and (4) possession of drug paraphernalia. The Defendant was convicted by a jury of counts (1) and (2), and pled guilty to counts (3) and (4). The trial court merged count two into count one and sentenced the Defendant to nine years and six months for possession of cocaine with intent to sell. The Defendant was also sentenced to nine months to be served concurrently with his other sentence for each of the two misdemeanor convictions. On appeal, the Defendant contends that (1) the evidence presented at trial was insufficient to support the jury verdict of guilt beyond a reasonable doubt and (2) the sentence was excessive. We affirm the
judgment of the trial court.

Michael Hughes vs. State - M2001-00888-CCA-R3-PC View
Davidson County - The Defendant, Michael Douglas Hughes, entered a plea of no contest to one count of aggravated rape, and a plea of guilty to ten counts of aggravated rape, on November 30, 1992. On March 4, 1993, a sentencing hearing was held and the Defendant was sentenced for these crimes to an aggregate term of eighty years. The Defendant's trial counsel failed to timely perfect the Defendant's appeal, and on June 30, 1995, the Defendant filed a petition for post-conviction relief, seeking a delayed appeal. The delayed appeal was granted and this Court affirmed the Defendant's sentence. See State v. Michael Douglas Hughes, No. 01C01-9701-CR-00021, 1998 WL 301730, at *1 (Tenn. Crim. App., Nashville, June 10, 1998). The Tennessee Supreme Court denied the Defendant's application for permission to appeal on February 22, 1999. The Defendant filed the present petition for post-conviction relief on August 25, 1999, alleging ineffective assistance of counsel at his plea, sentencing, and on appeal; that his guilty plea is invalid because it was not made voluntarily, understandingly, and knowingly; and that the length of his sentence constitutes cruel and unusual punishment. The trial court dismissed the present petition on the grounds that it was not timely filed, that the grounds for relief have been waived, and that it does not contain grounds sufficient to constitute a motion to reopen the previous petition. The Defendant now appeals as of right. We reverse the trial court's ruling and remand this matter for an evidentiary hearing.

State vs. Courtney Johnson - M2000-02991-CCA-R3-CD View
Montgomery County - The defendant, Courtney L. Johnson, appeals the revocation of her probation by the Montgomery County Circuit Court. On appeal, she challenges the trial court's decision, after revocation, to order her to serve the balance of her effective sentence of approximately ten years in the Tennessee Department of Correction. Because we find no abuse of discretion, we affirm the judgment of the trial court.

State vs. Ronald Prentice - M2000-02937-CCA-R3-CD View
Davidson County - The defendant, Ronald Prentice, was convicted of two counts of aggravated assault. The trial court imposed a sentence of four years on each count, with a concurrent one year sentence of incarceration and consecutive sentences of three years probation. In this appeal of right, he argues that the trial court erred (1) by improperly joining the offenses, (2) by excluding testimony regarding his divorce from the victim, and (3) by prohibiting a hypothetical question to an expert witness for the state. The judgment of the trial court in case number 98-D-2523 is affirmed. The judgment of the trial court in case number 99-A-13 is reversed and remanded for a new trial.

Larry Wilson vs. State - M2001-00022-CCA-R3-PC View
Davidson County- The post-conviction petitioner, Larry N. Wilson, seeks to set aside his four Davidson County Criminal Court convictions of aggravated robbery and his effective 24-year sentence. The convictions were based on guilty pleas. In his post-conviction proceeding, he posited that the pleas were involuntarily or unknowingly made and that they were the result of the ineffective assistance of counsel. After an evidentiary hearing, the post-conviction court denied relief. Concluding that the record supports that determination, we affirm.

State of Tennessee vs. Terry Stephens - M2001-00023-CCA-R3-CO View
Davidson County - The petitioner appeals from the trial court's denial of his petition for writ of error coram nobis. In his petition, he alleged that his conviction should be set aside because the victim had recanted his testimony. Following a hearing, the trial court denied relief and the petitioner appealed. After a thorough review, we affirm the court's order of denial.

State of Tennessee vs. Eugene Floyd Lockhart, a/k/a Floyd E. Lockhart - M2001-02171-CCA-R3-CD View
Davidson County - The defendant appeals the denial of probation for the five-year sentence he received for sexual battery by an authority figure, a Class C felony. He asserts that the record fails to support a conclusion that the statutory presumption of his eligibility for alternative sentencing has been rebutted. We modify the term of confinement and order supervised probation forthwith and remand the case to the trial court for imposition of appropriate conditions.

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Cases posted the week of 12/17/2001
State vs. John Boatfield - E2000-01500-CCA-R3-CD View
State vs. John Boatfield - E2000-01500-CCA-R3-CD ( Concur) View
Hamilton County - The defendant appeals his premeditated first degree murder and abuse of a corpse convictions for which he received concurrent sentences of life imprisonment and two years, respectively, arguing: (1) the trial court erred in not enforcing a plea agreement; (2) the evidence was not sufficient to support his convictions; (3) hearsay evidence of the victim's statements was erroneously admitted; (4) evidence obtained via wiretaps was erroneously admitted; (5) evidence regarding defendant's alleged romantic relationship with a woman other than his wife was erroneously admitted; and (6) the trial court should have charged the jury regarding alibi. We affirm the judgment of the trial court.

Franklin Keith vs. State - E2001-00220-CCA-R3-PC View
Cocke County - The petitioner appeals the denial of his petition for post-conviction relief. The petitioner pled guilty to ten counts of rape of a child. On appeal, the petitioner raises the issues of whether the post-conviction court erred in finding that he received the effective assistance of counsel and whether his guilty plea was entered voluntarily and knowingly. After a thorough review, we affirm the judgment of the post-conviction court.

State vs. Torrey Frazier - E2000-01364-CCA-R3-CD View
Roane County - A Roane County grand jury indicted the defendant on one count of first degree premeditated murder. Following a jury trial, he stood convicted of second degree murder. For this offense he received a twenty-two year sentence as a violent offender. After unsuccessfully pursuing a motion for a new trial, the defendant brings the present appeal to this Court raising four issues. More specifically, he avers that (1) the evidence is insufficient to support his conviction; (2) the trial court erred in admitting into evidence a tech-nine weapon not associated with the offense; (3) the trial court erred in permitting the State to question a defense witness concerning a pending statutory rape charge; and (4) the trial court erred by sentencing the defendant to twenty-two years. Upon review of these issues, we find that all lack merit or constitute harmless error. We, thus, affirm the conviction and sentence.

State vs. Bobby Goodson - E2000-00057-CCA-R3-CD View
Sullivan County - The Appellant, Bobby Gene Goodson, appeals his conviction by a Sullivan County jury of driving on a revoked license, in violation of Tennessee Code Annotated § 55-50-504(a)(1) (1998). On appeal, Goodson challenges his conviction contending that: (1) the State is without authority to regulate his right to travel; (2) the trial court was without jurisdiction to try him; (3) he was not afforded a speedy trial; and (4) the evidence in the record is insufficient as a matter of law to sustain his conviction. After a review of the record, we find issues (1), (2), and (3) are without merit. With regard to issue (4), we find the indicted offense, driving on a revoked license, impermissibly varied from the proof at trial, which established the separate offense of driving on a suspended license. Therefore, Goodson's conviction for driving on a revoked license is reversed.

State vs. Joseph Levitt - E2000-03051-CCA-R3-CD View
Knox County - The defendant drove up behind a vehicle which had halted because of a driver's license roadblock near Knoxville. He then proceeded onto the right shoulder to get around that vehicle and was stopped by the Tennessee Highway Patrol officer conducting the roadblock. What next occurred was highly disputed, but the events culminated with the defendant's being sprayed with Freeze, some of which was deflected back onto the officer, partially incapacitating him also. The defendant was charged with resisting arrest, reckless driving, and failure to carry and display a driver's license on demand. The reckless driving charge was nolle prosequi and, following a jury trial, the defendant was found not guilty of resisting arrest but was convicted of the driver's license charge, sentenced to ten days confinement, which was suspended, and ordered to pay a $50 fine and court costs. He timely appealed the conviction, arguing that the roadblock was unconstitutional. Based upon our review, we conclude that the roadblock was unconstitutional and that the officers lacked probable cause to stop the defendant's vehicle. Accordingly, we reverse the conviction and dismiss the charge.

Kenneth Johnson vs. State - E2001-00068-CCA-R3-PC View
Hawkins County - Aggrieved of his second degree murder conviction, the petitioner seeks post-conviction relief, which was denied by the lower court after an evidentiary hearing. On appeal, the petitioner presents several issues of the ineffective assistance of counsel. We affirm the denial of post-conviction relief.

State vs. Anderson Toliver - E2001-00584-CCA-R3-CD View
State vs. Anderson Toliver - E2001-00584-CCA-R3-CD ( Concur) View
Hamilton County - The defendant was convicted in two indictments of aggravated child abuse and sentenced to concurrent nine-year sentences. He timely appealed, arguing that the evidence was insufficient, that the trial court erred in consolidating the indictments, in permitting evidence as to other similar offenses, and in not properly instructing the jury as to various matters, including lesser-included offenses. We conclude that any errors in this regard were harmless. Accordingly, we affirm the judgment of the trial court.

State vs. Troy Ryan - M2000-02142-CCA-R3-CD View
Williamson County - The defendant appeals from a conviction of theft of property over one thousand dollars. The sole issue presented for review is the sufficiency of the evidence to establish the value element of the offense. We conclude that the testimony by the owner of the stolen property was sufficient for the jury to find that the fair market value of the property was over one thousand dollars. The judgment of the trial court is affirmed.

State vs. Lane Pulley - M2000-02609-CCA-R3-CD View
Wayne County - The Appellant, Lane Pulley, was convicted by a Wayne County jury for committing a deceptive business practice, a class B misdemeanor. Tenn. Code Ann. § 39-14-127(a)(2). The indictment charged that the deceptive practice arose from a verbal contract for the repair of a vehicle. Over a three-year period, the owner of the automobile paid Pulley a total of $2,483.90 for various repairs to her vehicle. The vehicle was never returned to the owner. On appeal, Pulley argues that the evidence presented at trial failed to establish an essential element of the offense, i.e., that he was engaged in the automobile repair business or that his conduct with the victim arose in the course of such business. After review, we conclude that Pulley's conduct violated the provisions of the Deceptive Business Practices statute and the proof is legally sufficient to support his conviction. Accordingly, the judgment of the Wayne County Circuit Court is affirmed.

State vs. Gregory Flittner - M2000-02367-CCA-R3-CD View
Williamson County - The appellant, Gregory Flittner, was convicted by a jury in the Williamson County Circuit Court of driving under the influence with a blood alcohol level of .10% or more. The trial court sentenced the appellant to serve eleven months and twenty-nine days in the Williamson County Jail and further ordered that all but seven days of the appellant's sentence be suspended. On appeal, the appellant raises the following issues for our review: (1) whether his blood alcohol test was taken voluntarily; (2) whether the trial court erred in refusing to charge the jury with driving while impaired (DWI) as a lesser-included offense of driving under the influence (DUI); (3) whether the trial court erred in failing to require the State to turn over "all results of reports and scientific tests . . . in the possession of the State" pursuant to the appellant's motion to compel; (4) whether the trial court's instruction on a blood alcohol content of .10% or more as a presumption of intoxication under Tenn. Code Ann. § 55-10-401(a)(1) (1998) and a blood alcohol content of .10% or more as an element of the offense under Tenn. Code Ann. § 55-10-401(a)(2) was so unclear as to confuse or mislead the jury; and (5) whether the trial court erred in allowing the arresting officer to testify that he had released one hundred and fifty (150) people whom he had previously stopped for DUI. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

State vs. Kenneth Boggs - M2000-02724-CCA-R3-CD View
Davidson County - The defendant, Kenneth L. Boggs, appeals his Davidson County Criminal Court conviction of unlawful possession of a handgun, a Class E felony. He complains on appeal that the trial court erred in not addressing the prosecutor's exploitation of the defendant's exercise of his right to remain silent following his arrest. Finding no error requiring reversal, we affirm the conviction.

Perry Lee vs. State - M2001-01141-CCA-R3-PC View
Williamson County - The petitioner, Perry Saleem Lee, appeals the dismissal of his petition for post-conviction relief by the Williamson County Circuit Court, which held that the petitioner's claims for relief had been either previously determined or waived. The petitioner complains about his appointed counsel and the state's purported shortcomings in the post-conviction process. He also complains about the trial court not allowing an amendment to the petition, not allowing an evidentiary hearing, and not setting forth findings of fact and conclusions of law as to each ground he raised. We affirm the trial court.

State vs. Charles Jones - M2001-00353-CCA-R3-CD View
Davidson County - The Defendant, Charles William Jones, was convicted of second degree murder in the Criminal Court of Davidson County. After a sentencing hearing, the trial court sentenced the Defendant to twenty-two years in the Department of Correction. In this appeal, the Defendant contends that (1) the evidence presented at trial was insufficient to support a finding of guilt beyond a reasonable doubt and (2) the trial court improperly applied two enhancement factors in sentencing the Defendant. We affirm the judgment of the trial court.

State vs. Jerry Williams - M2000-02592-CCA-R3-CD View
Rutherford County - On September 25, 2000, the Defendant, Jerry Damon Williams, entered a plea of guilty to driving under the influence of alcohol in violation of Tennessee Code Annotated section 55-10-401. Pursuant to Rule 37 (b)(1)(i) of the Tennessee Rules of Criminal Procedure, the Defendant sought to reserve a certified question of law to be reviewed by this Court. In this appeal, the Defendant contends that (1) he properly reserved the certified question of the validity of the police's initial investigatory stop and (2) the trial court erred in denying his motion to suppress evidence discovered as a result of the investigatory stop. We vacate the Defendant's conviction and dismiss the case.

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Cases posted the week of 12/10/2001
State vs. Jared M. Barnes - E2001-00325-CCA-R3-CD View
Sevier County - The defendant, Jared M. Barnes, was convicted upon his guilty plea for vehicular homicide by recklessness, a Class C felony. The trial court sentenced him as a Range I, standard offender to five years, with ten months, day for day, to be served in the county jail and the remainder of the sentence to be served on probation. In addition, the trial court suspended the defendant's driving privileges for five years and ordered that he complete five hundred hours of community service. The defendant appeals his sentence, contending that the trial court erred in denying him judicial diversion or full probation. We affirm the trial court's denial of judicial diversion and full probation, but hold that the order that the defendant serve his ten-month incarceration day for day does not preclude use of applicable conduct credits.

State vs. Collis Branch - E2001-00711-CCA-R3-CD View
Knox County - This appeal arises from a default judgment entered in 1995 in the Knox County Criminal Court declaring the Appellant, Collis Branch, a motor vehicle habitual offender. Tenn. Code Ann. § 55-10-603. On appeal, Branch contends that the trial court erred in denying his Rule 60, Tennessee Rules of Civil Procedure, motion to set aside the default judgment upon grounds that the judgment was void. In support of this argument, he contends that the default judgment was obtained without complying with Rules 5,12, 55 and 58 of the Tennessee Rules of Civil Procedure. After review, we conclude that Branch's motion, which was filed in January of 2001, was not filed within a "reasonable time," as required by Rule 60.02, Tennessee Rules of Civil Procedure. Accordingly, the decision of the trial court is affirmed.

State vs. Ronald Cox - W2000-02238-CCA-R3-CD View
Shelby County - The defendant, Ronald Cox, was found guilty of robbery following a jury trial in the Shelby County Criminal Court. In this appeal, he raises three issues: (1) whether the evidence is sufficient to support his conviction; (2) whether the trial court erred by denying his request to instruct the jury on the lesser-included offense of theft; and (3) whether the trial court erred in its answers to questions submitted to the trial court during jury deliberations. Defendant is not entitled to relief on the first and third issues. However, under the recent Tennessee Supreme Court decision in State v. Bowles, 52 S.W.3d 69 (Tenn. 2001), we hold that the trial court committed reversible error by failing to include the lesser-included offense of theft in the charge to the jury. Therefore, we reverse Defendant's conviction and remand the case for a new trial.

State vs. Lewis Forbess - W2001-00202-CCA-R3-CD View
Tipton County - The defendant, Lewis A. Forbess, entered pleas of guilt to aggravated rape, theft of property between $10,000.00 and $60,000.00, aggravated burglary, and possession of a weapon in a penal facility. The trial court imposed concurrent sentences as follows:

Offense	Term	Range
Aggravated Rape	25 years	100% Violent Offender
Theft	15 years	Persistent Offender
Aggravated Burglary	15 years	Persistent Offender
Possession of Contraband in a Penal Facility	10 years	Persistent Offender

The sentences were ordered to be served consecutively to an earlier burglary sentence. In this appeal of right, the defendant contends that the sentences are excessive. The judgments are affirmed.

State vs. Sidney McGlowan - W2000-01925-CCA-R3-PC View
Shyelby County - The petitioner, Sidney McGlowan, filed for post-conviction relief alleging the ineffective assistance of counsel. The post-conviction court summarily dismissed the petition. On appeal, the petitioner alleges that the court erred by dismissing his petition without appointment of counsel and without an evidentiary hearing. Following a review of the record, we affirm the judgment of the post-conviction court.

State vs. Darrow Williams - W2001-01825-CCA-R3-CD View
Tipton County - Defendant appeals his conviction of second degree murder following a jury trial. He presents three issues for our review: (1) whether the evidence was sufficient to support the conviction; (2) whether the trial court erred in failing to instruct the jury to disregard certain hearsay testimony; and (3) whether the trial court erred in failing to rule on defendant's objection to a question asked by the prosecuting attorney. We affirm the judgment of the trial court.

State vs. Darrell Dufrene - W2000-03129-CCA-R3-CD View
Hardin County - The defendant, Darrell J. Dufrene, entered a plea of guilt to one count of theft over $1,000.00 but less than $10,000.00, a Class D felony. Pursuant to a plea agreement, the trial court set the defendant's sentence at three years and scheduled an alternative sentencing hearing. The defendant failed to appear at the hearing and the trial court ordered a term of incarceration. In this appeal of right, the defendant asserts that the trial court erred by failing to order either probation or community corrections. Because, however, the defendant remains on escape status, the appeal is dismissed.

State vs. Chauncey Gray - W2001-00285-CCA-R3-CD View
Chester County - The defendant, Chauncey E. Gray, appeals as of right from his convictions by a jury in the Chester County Circuit Court of forgery, a Class E felony, and theft of property valued at $500 or less, a Class A misdemeanor. The trial court sentenced him as a Range II, multiple offender to a four-year sentence for the forgery to be served in the Department of Correction, imposed a $1,500 fine, and ordered $400 in restitution. It imposed a sentence of eleven months, twenty-nine days at seventy-five percent for the theft to be served concurrently and a $1,250 fine. The defendant contends that his effective four-year sentence is excessive and that he should have received a sentencing alternative to confinement. We affirm the sentences imposed by the trial court.

State vs. Thomas Page - W2001-01122-CCA-R3-PC View
Chester County - The petitioner, James Thomas Page, appeals as of right from the Chester County Circuit Court's denial of his petition for post-conviction relief. The petitioner pled guilty to second degree murder, a Class A felony, and received the agreed, forty-year sentence as a 100% violent offender. He contends that he received the ineffective assistance of counsel and that he did not understand what was happening at the guilty plea hearing. We affirm the trial court's denial of the petition.

State vs. Cory Milliken - M2001-00344-CCA-R3-PC View
Davidson County - The Defendant, Corey L. Milliken, pled guilty to two counts of first degree premeditated murder and one count of aggravated robbery. His agreed sentence was two concurrent life sentences for the murders and a consecutive twelve year term for the aggravated robbery, for an effective sentence of life plus twelve years. The Defendant timely filed a petition for post-conviction relief, alleging that he received ineffective assistance of counsel and that his guilty plea was not entered knowingly and voluntarily. After a hearing the trial court denied relief and the Defendant appealed as of right. Finding no error in the trial court's ruling on the Defendant's petition, we affirm the judgment of the trial court.

State vs. Timothy Robertson - M2000-01235-CCA-R3-CD View
Davidson County - The defendant, Timothy L. Robertson, was indicted on two counts of unlawful possession of a controlled substance with intent to sell; one count of felony possession of a weapon; and one count of driving on a revoked or suspended license. Following the trial court's denial of his motion to suppress, he pled guilty to one count of possession of more than .5 grams of cocaine with the intent to resell, a Class B felony, and one count of felony possession of a weapon, a Class E felony. In accordance with the terms of his plea bargain agreement, the remaining counts of the indictment were dismissed. Pursuant to Rule 37(b)(2)(1) of the Tennessee Rules of Criminal Procedure, the defendant reserved the right to appeal as a dispositive question of law the issue of whether his custodial arrest and the subsequent search of his vehicle violated the Fourth Amendment of the United States Constitution, Article I, Section 7 of the Tennessee Constitution, and Tennessee Code Annotated Section 40-7-118(b)(1)(c). We conclude that the officers were required to make a custodial arrest of the defendant to prevent his continued violation of the driver's license law, and that the subsequent search of his vehicle was valid as incident to that arrest. Accordingly, we affirm the judgment of the trial court.

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Cases posted the week of 12/03/2001
State vs. Michael Arbuckle - M2000-2885-CCA-R3-CD View
A Sumner County jury convicted the Defendant, Michael Joseph Arbuckle, of one count of driving under the influence, one count of driving under the influence, per se, and one count of driving under the influence, second offense. Following a sentencing hearing, the trial court merged the convictions and sentenced the Defendant to eleven months and twenty-nine days, with all but sixty days suspended. In this appeal, the Defendant contends that the trial court erred in (1) denying his motion to suppress the results of a blood alcohol test, (2) admitting the blood alcohol test results despite incomplete evidence of the chain of custody, (3) admitting the blood alcohol test results despite a lack of relevance, and (4) finding that sufficient evidence existed for a reasonable jury to find the Defendant guilty. We affirm the judgment of the trial court.

Jesse Minor vs. State - M2001-00545-CCA-R10-PC View
Davidson County - We accepted this extraordinary appeal, see Tenn. R. App. P. 10, to review certain pre-hearing actions of the Davidson County Criminal Court in this post-conviction case. Our grant of review extends to these issues: (1) whether a "next friend" may file a post-conviction petition on behalf of an incompetent prisoner; (2) if so, may the post-conviction court, sua sponte, order a mental evaluation of the prisoner or conduct other inquiries into the matter to determine whether the "next friend" petition was properly filed on the prisoner's behalf; and (3) whether the court below properly denied the petitioner's motion for recusal. We conclude that we improvidently granted extraordinary review in part, but we otherwise affirm the rulings of the lower court and remand for further proceedings.

State vs. Melvin Waters - M2000-03224-CCA-R3-CD View
Davidson County - The defendant appeals from his convictions for facilitation of aggravated robbery, aggravated assault, resisting arrest and criminal impersonation. The only issue raised by the defendant is whether the evidence was sufficient to support his conviction for aggravated assault. Based on our review of the evidence, we conclude that the co-defendant's conduct amounted to aggravated assault and that the defendant, as a party to the offense, was criminally responsible for that conduct. The judgments of the trial court are affirmed.

State vs. Garland Godsey - E2000-01944-CCA-R3-CD View
Cumberland County - The defendant was tried and convicted of second degree murder in the Cumberland County Criminal Court in connection with an aggravated assault of a bar patron who died approximately one month later. The trial court sentenced the defendant as a violent offender to 25 years incarceration in the Tennessee Department of Correction. On appeal, the defendant takes issue with the trial court's failure to instruct the jury on "diminished capacity" and with the length of the sentence he received. Based upon our review, we affirm the judgment below.

Tommy Simpson vs. State - E2000-02993-CCA-R3-CD View
Morgan County - Defendant appeals from the dismissal of his petition for writ of habeas corpus. We conclude that the State of Tennessee never surrendered jurisdiction over defendant and that defendant's sentence did not expire. We accordingly affirm the judgment from the trial court.

State vs. Donald Eady, Jr. - E2000-01152-CCA-R3-CD View
Bradley County - The Defendant was convicted by a Bradley County jury of second degree murder. The trial court sentenced him as a Range I standard offender to twenty-five years' incarceration. In this appeal as of right, the Defendant argues (1) that insufficient evidence was presented at trial to support his conviction; (2) that the trial court erred by failing to suppress his statement to police; (3) that the trial court erred by allowing into evidence autopsy photographs of the victim; (4) that the jury considered extraneous facts during deliberation and that the trial court erred in the manner in which it conducted a post-trial voir dire of the jury concerning this matter; and (5) that he was improperly sentenced. Having reviewed the record, we conclude (1) that sufficient evidence was presented to support the Defendant's conviction for second degree murder; (2) that the trial court did not err by allowing the Defendant's statement into evidence; (3) that the trial court did not err by admitting into evidence autopsy photographs of the victim; (4) that the record does not support the Defendant's allegation that jurors in his case were influenced by extraneous information and that the manner in which the trial court conducted a post-trial voir dire of the jurors concerning this matter was not improper; and (5) that the Defendant was properly sentenced. We thus affirm the judgment of the trial court.

State vs. Demetrius Holmes - E2000-02263-CCA-R3-CD View
State vs. Demetrius Holmes - E2000-02263-CCA-R3-CD ( Dissent) View
A Knox County jury convicted the defendant of aggravated robbery, and the trial court sentenced him as a Range I offender to eleven years incarceration. The defendant now appeals and raises the following issues: (1) whether the trial court erred by not granting a mistrial when a detective improperly testified that the Defendant was "well known for home invasions," (2) whether the state failed to disclose fingerprint evidence in a timely fashion, and (3) whether sufficient evidence supported the defendant's conviction for aggravated robbery. Finding that the trial court erred in denying the motion to declare a mistrial, we reverse the judgment of the trial court and remand for a new trial.

State vs. Tracy Tulloch - E2000-03046-CCA-R3-CD View
Cocke County - The defendant entered a negotiated plea of guilty to attempted aggravated sexual battery for an agreed sentence of five years as a Range I standard offender, with the issue of alternative sentencing to be determined by the trial court. The trial court sentenced the defendant to five years incarceration. In this appeal, the defendant contends (1) the trial court erroneously sentenced the defendant without a sex offender evaluation required by Tenn. Code Ann. § 39-13-705; and (2) the trial court improperly applied sentencing enhancement factors and should have sentenced the defendant to alternative sentencing. After a thorough review of the record, we affirm the judgment of the trial court.

Roger Gardner vs. State - E2000-02270-CCA-R3-PC View
Sullivan County - The petitioner, Roger M. Gardner, appeals the order of the Sullivan County Criminal Court denying his petition for post-conviction relief. A Sullivan County jury found the petitioner guilty of attempted aggravated kidnapping, and the trial court subsequently sentenced him to serve eight years as a Range II multiple offender. The petitioner challenged his conviction on direct appeal, and this Court affirmed his conviction. State v. Roger Morris Gardner, No. 03C01-9712-CR-00524, 1999 WL 486847, at *1 (Tenn. Crim. App. at Knoxville July 13, 1999). Subsequently, the petitioner filed for post-conviction relief, alleging ineffective assistance of counsel, prosecutorial misconduct, judicial misconduct, the trial court's lack of jurisdiction, and denial of statutory rights. The post-conviction court denied the petition, and the petitioner now brings this appeal alleging ineffective assistance of counsel. For the following reasons, we find that none of these allegations merit relief and therefore affirm the decision of the post-conviction court.

State vs. John Pass - E2000-02266-CCA-R3-CD View
Knox County - The defendant appeals from his conviction for aggravated assault and his sentence. We conclude that there was sufficient evidence to support the conviction for aggravated assault. The imposition of a six (6)-month jail term pursuant to a sentence of five (5) years in split confinement is appropriate. We affirm the judgment of the trial court.

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Cases posted the week of 11/26/2001
State vs. Steven Givens - M2001-00021-CCA-R3-CD View
Davidson County - The Defendant, Steven Lloyd Givens, was convicted of attempted especially aggravated kidnapping in the Criminal Court of Davidson County. After a sentencing hearing, the trial court imposed a sentence of twelve years as a Range I offender to be served in the Department of Correction. In this appeal as of right, the Defendant argues that the trial court erred in (1) denying the Defendant's motion to suppress the evidence seized during the Defendant's arrest, (2) denying the Defendant's motion to suppress the results of a show-up identification of the Defendant by the victim, (3) denying the Defendant's motion to amend the indictment, and (4) in sentencing the Defendant to the maximum sentence. We affirm the judgment of the trial court.

State vs. 141 Belle Forest Circle, Et Al - M2000-01827-CCA-R3-CD View
Davidson County - The appellant, Westminster Realty Company, appeals an order entered by the Davidson County Criminal Court denying its claim to an interest in the proceeds from the sale of property pursuant to forfeiture proceedings. Following a thorough review of the record and the parties' briefs, we affirm the judgment of the trial court.

State vs. Galgalo Halake - M2000-00146-CCA-R3-CD View
A Davidson County grand jury indicted the defendant, Galgalo B. Halake, for first-degree murder. The petit jury convicted him of that offense. The defendant filed a motion for new trial and a motion for judgment of acquittal. The trial court denied the defendant's motion for new trial, but granted the defendant's motion for judgment of acquittal by reducing the defendant's conviction to second-degree murder. Subsequently, the trial court sentenced the defendant to serve twenty-two years of incarceration. The state appeals the trial court's reduction of the conviction to second-degree murder. The defendant appeals his conviction, challenging the admission of certain testimony, the trial court's failure to charge the jury with the lesser-included offense of voluntary manslaughter, the sufficiency of the evidence, and the propriety of his sentence. We find that there is sufficient evidence to support a jury finding of guilt of first degree murder. However, because the trial court erred in allowing lay opinion testimony concerning blood spatters, we reverse the decision of the lower court and remand this case for a new trial.

State vs. Robbie R. Bailey - E2001-00210-CCA-R3-CD View
The Appellant, Robbie R. Bailey, was indicted by a Washington County Grand Jury for one count of driving under the influence, fourth offense, one count of driving on a revoked license, and two counts of vehicular assault. On December 1, 2000, Bailey pled guilty to two counts of vehicular assault and one count of driving on a revoked license. After a sentencing hearing on January 10, 2001, the trial court sentenced Bailey, as a range I standard offender, to the maximum term of four years on each count of vehicular assault and ordered that the sentences be served consecutively in the Department of Correction. On appeal, Bailey raises the following issues for our review: (1) whether the sentences imposed for vehicular assault were excessive; and (2) whether the trial court erred by denying Bailey's request for a non incarcerative alternative sentence. After review, we find no reversible error and affirm the judgment of the trial court.

State vs. Daniel Thomason - M200-01164-CCA-R3-CD (Order to vacate original and re-enter nunc pro tunc) View
State vs. Daniel Thomason - M200-01164-CCA-R3-CD (Replacing original filed 07/11/2001) View
Davidson County - Daniel Thomason appeals from the aggravated robbery conviction he received at a jury trial in the Davidson County Criminal Court. Thomason is serving an eight-year sentence in the Department of Correction for his crime. In this appeal, he challenges the sufficiency of the convicting evidence that he accomplished the robbery "by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon." Because the record before us is does not contain all of the relevant evidence presented at trial, we are precluded from reviewing the sufficiency of the evidence and therefore affirm.

State vs. Deadrick M. Pigg - M2000-03056-CCA-MR3-CD View
Davidson County - The Defendant, Deadrick Pigg, was convicted in the Criminal Court of Davidson County of the sale of less than .5 grams of cocaine. After a sentencing hearing, the Defendant was sentenced to serve eight years in the Department of Correction. In his appeal as of right pursuant to Rule 3(b) of the Tennessee Rules of Appellate Procedure, the Defendant argues that (1) the evidence presented at trial was insufficient to support the jury's guilty verdict because the verdict was based solely on uncorroborated accomplice testimony and (2) the trial court erred in allowing the State to impeach the Defendant with evidence of past convictions. After a thorough review of the record, we affirm the judgment of the trial court.

State vs. Dean Byard - M2000-01410-CCA-R3-CD View
Davidson County - Defendant appeals from a bench trial where he was found guilty of one count of assault and one count of aggravated assault. Sufficient evidence exists to support the conviction of aggravated assault. The ineffective assistance of counsel claim is wholly unsubstantiated. We affirm the judgments from the trial court.

Thomas Anderson, Jr. vs. State - M2000-01737-CCA-R3-PC View
Williamson County -The petitioner appeals the denial of post-conviction relief from his conviction for theft of property valued less than $1000 but greater than $500, a Class E felony, arguing that the post-conviction court erred in finding that he received effective assistance of trial counsel. After a careful review of the record, we conclude that the petitioner failed to meet his burden of demonstrating ineffective assistance of counsel. Accordingly, we affirm the judgment of the post-conviction court.

State vs. Benjamin Hernandez, III - M2000-00225-CCA-R3-CD View
Putnam County - The defendant was indicted for premeditated first degree murder, convicted of the lesser-included offense of second degree murder, and sentenced to 25 years in the Department of Correction. In this appeal, the defendant alleges: (1) the evidence was insufficient to sustain his conviction; (2) the state failed to provide him with exculpatory evidence; (3) the state destroyed evidence, thereby depriving him of due process; and (4) the trial court erroneously failed to grant a continuance or mistrial when a witness became ill and was unavailable to testify. After a thorough review of the record, we affirm the judgment of the trial court.

State vs. Stephen E. Cline - M2000-01674-CCA-R3-CD View
The appellant, Stephen E. Cline, pled guilty in the Overton County Criminal Court to four counts of obtaining a controlled substance by forgery, and the trial court imposed concurrent sentences of four years incarceration in the Tennessee Department of Correction. The trial court granted the appellant judicial diversion and placed him on probation for four years. Subsequently, the appellant was arrested for driving under the influence (DUI) and failing to comply with the implied consent law. A warrant for revocation of probation and judicial diversion was issued alleging the foregoing offenses and contending that the appellant had fraudulently obtained a controlled substance. Pursuant to a hearing, the trial court revoked the appellant's probation and entered judgments of conviction for all four counts of obtaining a controlled substance by forgery. On appeal, the appellant raises the following issues for our review: (1) whether there was sufficient evidence for the trial court to find that the appellant violated his probation and judicial diversion; (2) whether the trial court violated the appellant's right to confrontation in admitting hearsay statements during the hearing; (3) whether the trial court violated the appellant's due process rights by failing to bifurcate the probation revocation proceedings; and (4) whether the trial court erred in failing to consider all of the proof before forming an opinion on the case. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

State vs. Steve Clark - M2000-03148-CCA-R3-CD View
The Appellant, Steve A. Clark, was convicted by a Grundy County jury for driving under the influence, Tenn. Code Ann. § 55-10-401(a)(1), driving with an alcohol concentration of .10% or more, Tenn. Code Ann. § 55-10-401(a)(2), and driving without a license. On appeal, Clark raises one issue for our review: Whether the trial court erred by admitting into evidence the results of the intoximeter test? After review, we find no error and affirm Clark's conviction for driving under the influence.

State vs. Wayne Miles - W2001-00718-CCA-R3-CD View
Lake County - Petitioner,Wayne Miles, appeals as of right from the trial court's dismissal of his petition for habeas corpus relief. Petitioner argues that he is being illegally detained because his convictions are void. After a thorough review of the record, we affirm the trial court's dismissal of the Petition for Writ of Habeas Corpus.

State vs. Lonnie Jones - W2001-00741-CCA-R3-PC View
Shelby County - Petitioner appeals from the denial of his petition for post-conviction relief following his guilty plea to second degree murder for which he received a sentence of 15 years. He contends his guilty plea was not knowingly and voluntarily entered, and he received ineffective assistance of trial counsel. The state contends the petition was barred by the statute of limitations. We conclude the petition was barred by the statute of limitations and is otherwise without merit. We affirm the judgment of the trial court.

State vs. Tony Williams - W2001-00788-CCA-R9-CD View
Shelby County - The defendant, Tony Williams, appeals the trial court's denial of pretrial diversion after a petition for certiorari from the decision of the district attorney. In this discretionary appeal under Rule 9 of the Tennessee Rules of Appellate Procedure, the single issue presented for review is whether the denial of pretrial diversion qualified as an abuse of prosecutorial discretion. The judgment denying relief is affirmed.

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Cases posted the week of 11/19/2001
State vs. Jimmy Joe Rittenberry - E2000-02722-CCA-R3-CD View
Anderson County - The defendant was convicted by a jury on one count of sale of marijuana, a Class E felony, and one count of possession of cocaine, a Class A misdemeanor. In this appeal, the defendant contends (1) the evidence is insufficient to sustain the sale of marijuana conviction; (2) the trial court erroneously admitted rebuttal testimony regarding an undisclosed, out-of-court statement made by the defendant; and (3) the trial court failed to instruct the jury on simple possession of marijuana as a lesser-included offense. After a thorough review of the record, we conclude (1) the evidence is sufficient to sustain the convictions; (2) the failure of the state to disclose the out-of-court statement made during the defendant's interrogation violated Tenn. R. Crim. P. 16(a)(1)(A); and (3) the trial court erroneously failed to instruct the jury on simple possession of marijuana as a lesser-included offense. The conviction for sale of marijuana is reversed; the conviction for possession of cocaine is affirmed; and this matter is remanded for a new trial on the sale of marijuana.

Charles Mitchell vs. State - E2000-03153-CCA-R3-PC View
Hamblen County - The petitioner, Charles Mitchell, appeals the trial court's denial of his petition for post-conviction relief from his conviction for first degree murder and resulting sentence of life without parole. First, he contends that his mental condition prevented him from knowingly and intelligently entering his guilty plea. Second, he contends that he received the ineffective assistance of counsel because his defense attorneys (1) did not seek to suppress statements that the petitioner gave to police soon after he murdered his wife; (2) did not use diminished mental capacity in his defense; (3) induced him to plead guilty by telling him that the state had filed a notice to seek the death penalty when no such notice had been filed; and (4) failed to request a more detailed mental evaluation of him. We affirm the trial court's denial of the petition.

Billy Joe Henderson vs. State - E2001-00438-CCA-R3-PC View
Knox County - The Appellant, Billy Joe Henderson, appeals the dismissal of his petition for post-conviction relief without the appointment of counsel and an evidentiary hearing. Henderson is currently serving a life sentence in the Tennessee Department of Correction pursuant to his 1998 conviction for first degree murder. Following a review of the record, we affirm in part and reverse in part the judgment of the post-conviction court dismissing the petition. Because Henderson in part states a "colorable claim," the case is remanded for the appointment of counsel and an evidentiary hearing.

State vs. Scott Bradley Price - E2000-00441-CCA-R3-CD View
Knox County - The Appellant, Scott Bradley Price, was convicted of child rape, a class A felony, following a Knox County jury trial. The trial court sentenced Price, as a range I offender, to twenty-one (21) years in the Department of Correction. In his sole issue on appeal, Price argues that the trial court erred in the length of sentence because the mitigating factors outweighed the enhancement factors and, therefore, his sentence should have been reduced below the midpoint range of twenty (20) years. After a review of the record, we affirm the sentence of the trial court.

State vs. Jimmy D. Goode - E2000-02829-CCA-R3-CD View
Sullivan County - The defendant, Jimmy D. Goode, pled guilty to one count of operating a motor vehicle in violation of the Motor Vehicle Habitual Offenders Act. See Tenn. Code Ann. § 55-10-616. The trial court sentenced the defendant as a Range I offender to one year in the Department of Correction. In this appeal of right, the defendant asserts that because he had driven the vehicle due to an emergency, the trial court should have suspended his sentence pursuant to Tennessee Code Annotated section 55-10-616(c). Because the trial court erroneously determined that section 55-10-616(c) was inapplicable, the sentence imposed is set aside and the cause remanded for a new sentencing hearing.

State vs. Bobby Vincent Blackmon - M2000-03149-CCA-R3-CD View
Sumner County - In May of 1993, the Appellant, Bobby Vincent Blackmon, was indicted by a Sumner County grand jury for one count of class A felony possession of cocaine over 300 grams stemming from his involvement in a "reverse sting" drug operation. He was subsequently convicted in February of 1995. In 1998, the Tennessee Supreme Court granted Blackmon a new trial. See State v. Bobby Vincent Blackmon, 984 S.W.2d 589 (Tenn. 1998). In November of 1999, Blackmon was re-tried and again convicted of the offense of possession with the intent to sell over 300 grams of cocaine. After a sentencing hearing on May 17, 2000, the trial court sentenced Blackmon to thirty-eight years as a Range II offender and ordered his sentence be served consecutive to a prior first-degree murder conviction. On appeal, the following issues are presented for our review: (1) whether Blackmon was denied effective assistance of counsel at trial; (2) whether the trial court erred by refusing to allow Blackmon to assert an "outrageous government conduct" defense, an entrapment defense and/or an impossibility defense; (3) whether the indictment in this case was fatally defective; and (4) whether the sentence was excessive. After review, we find no reversible error. Accordingly, the judgment of conviction and sentence is affirmed.

State vs. Oscar Gomez - M2001-00130-CCA-R3-CD View
Davidson County - The Defendant, Oscar Gomez, was convicted by a jury of first degree premeditated murder and theft under five hundred dollars. He was sentenced to life imprisonment for the murder and to a concurrent term of six months for the theft. In this appeal as of right, the Defendant contends that the evidence of premeditated murder is insufficient to support his conviction. We disagree and affirm the judgment of the trial court.

Bryan Hanley vs. State - M2000-02182-CCA-R3-PC View
Hickman County - The petitioner, Bryan Hanley, was convicted by a jury in the Hickman County Circuit Court of one count of first degree murder and one count of theft of property over $1000. The petitioner was sentenced to life imprisonment in the Tennessee Department of Correction for the murder conviction and to three years incarceration for the theft conviction, with the sentences to run concurrently. Subsequently, the petitioner filed a post-conviction petition alleging the ineffective assistance of counsel. The post-conviction court denied the petition and the petitioner appeals. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

J.D. Landers vs. State - M2001-00319-CCA-R3-PC View
Perry County - J.D. Landers appeals from the Perry County Circuit Court's denial of his petition for post-conviction relief. He seeks to set aside his conviction and guilty plea because he was not provided the effective assistance of counsel and did not knowingly, voluntarily and intelligently enter his guilty plea. Because the trial court properly dismissed the petition, we affirm.

State vs. Johnny Lewis - M2000-02809-CCA-R3-CD View
Warren County - The defendant appeals his conviction of violating the motor vehicle habitual offender law. Because we find that his motor vehicle offender status was terminated before he was discovered driving a motor vehicle, we conclude that the convicting evidence was insufficient. We reverse the conviction and dismiss the charge.

State vs. John Malone - M2000-02265-CCA-R3-CD View
Davidson County - The defendant was convicted of misdemeanor theft and aggravated assault. The defendant appealed the conviction for aggravated assault. The defendant contends the evidence was insufficient to support his conviction for aggravated assault and that the victim consented to the assault. See Tenn. Code Ann. § 39-13-104(1). We hold that there was sufficient evidence to uphold the conviction and affirm the judgment of the trial court.

State vs. Michael T.Meghreblian - M2000-02444-CCA-R3-CD View
Williamson County - The defendant, Michael T. Meghreblian, is serving a seven and one-half year sentence in the Department of Correction as a result of his Williamson County Circuit Court conviction of aggravated assault. On appeal, he complains that the trial court erred (1) in determining the length of his Range II sentence and (2) in denying any form of alternative sentence. Because the record supports the trial court's determinations, we affirm.

Oudon Panyananouvong vs. State - M2000-03152-CCA-R3-PC View
Oudon Panyananouvong vs. State - M2000-03152-CCA-R3-PC (Concur) (View)
Rutherford County - The petitioner, Oudon Panyanouvong, appeals from the dismissal of his petition for post-conviction relief. After the appointment of post-conviction counsel, the petitioner expressed dissatisfaction with his attorney and ultimately refused to proceed with the evidentiary hearing. The issue is whether the trial court's summary dismissal was erroneous. Because the petitioner was not afforded the opportunity to proceed pro se and was not specifically admonished of the perils of pro se representation, the judgment of dismissal is reversed and the cause is remanded for further proceedings.

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Cases posted the week of 11/12/2001
State vs. Burita Winebarger - E2001-00149-CCA-R3-CD View
Sullivan County - The Defendant, Burita A. Winebarger, was charged in an arrest warrant with the offense of theft of property less than $500.00 in value. She pled guilty to the offense in the General Sessions Court of Sullivan County. The General Sessions Court sentenced her to serve eleven months and twenty-nine days, with all but thirty days suspended. Defendant filed a timely appeal to the Criminal Court of Sullivan County. On the date that the case was set for "announcement" in criminal court, Defendant was approximately one hour late in arriving at court. The criminal court dismissed the appeal for "failure to prosecute" and remanded the case to the General Sessions Court of Sullivan County for "execution of the sentence." The Defendant filed a timely appeal to this court. After a review of the record, and the applicable law, we reverse the judgment of the criminal court and remand for a sentencing hearing de novo.

State vs. Thomas Cummings - W2000-02813-CCA-R3-PC View
Shelby County - The petitioner, Thomas T. Cummings, pled guilty in the Shelby County Criminal Court to second degree murder. Pursuant to a negotiated plea agreement, he was sentenced as a violent offender to twenty-five years incarceration, to be served at one hundred percent (100%), in the Tennessee Department of Correction. The petitioner timely filed for post-conviction relief, alleging that he received ineffective assistance of counsel and that his plea was not knowing and voluntary because his attorney erroneously advised him that he would be required to serve only eighty-five percent (85%) of his sentence before becoming eligible for parole and that his sentence could be reduced an additional fifteen percent (15%) for "good behavior." On appeal, the petitioner challenges the post-conviction court's conclusion that he received effective assistance of counsel. After a review of the record, we affirm the judgment of the post-conviction court.

State vs. Marquis Day - W2000-01618-CCA-R3-CD View
Madison County - The defendant appeals his convictions for first degree murder, conspiracy to commit first degree murder, tampering with or fabricating evidence and unlawful possession of a weapon. He challenges the sufficiency of the convicting evidence based on accomplice testimony, the issue whether Brian Morrow was in fact an accomplice, the admission of graphic photographs of the decedent, and the actions of the trial judge as thirteenth juror. We affirm the judgment of trial court.

State vs. Maurice Purdy - W2000-00460-CCA-R3-C View
Obion County - The defendant, Maurice Lydell Purdy, was convicted of second degree murder and given a Range I sentence of 19 years. There was no direct appeal. Within a year of the conviction, the defendant filed a petition for post-conviction relief. After the trial court denied relief, this court reversed and granted a delayed appeal. See Maurice Lydell Purdy v. State, No. 02C01-9807-CC-00211 (Tenn. Crim. App., at Jackson, Apr. 7, 1999). In this delayed appeal, the defendant challenges the sufficiency of the evidence. The judgment of conviction is affirmed.

State vs. Javier Soto-Hurtado - W2000-03173-CCA-R3-CO View
Lauderdale County - The petitioner, Javier Soto-Hurtado, appeals from the trial court's denial of habeas corpus relief. In this appeal of right, the petitioner contends that his conviction for sexual battery is void. The judgment is affirmed.

State vs. Keith Goodman - E2001-00036-CCA-R3-CD View
Anderson County - The state appeals the dismissal of the especially aggravated kidnapping charge against the defendant, Keith Goodman. The trial court held that the defendant, as the natural father of the infant victim, could not be held criminally liable for kidnapping because a natural parent's removal or confinement of a child is not "unlawful" as that term is defined in Tenn. Code Ann. § 39-13-301(2). The state claims that the trial court misinterpreted the kidnapping statutes. We conclude that the trial court's dismissal of the indictment was essentially a summary judgment for the defendant, which is improper in criminal cases. We reverse the trial court's ruling and remand the case for reinstatement of the indictment.

State vs. Janice Biskner - E2000-01440-CCA-R3-CD View
Hamilton County - Defendant was convicted of driving under the influence ("DUI"), fourth or subsequent offense, driving while license revoked, and child endangerment. In this appeal, Defendant challenges all convictions on the ground that the trial court's refusal to bifurcate the trial proceedings violated her right to a fair trial. Defendant also argues that recently amended Tennessee Code Annotated section 55-10-403(a)(1) is unconstitutional and that her sentence is excessive. After a review of the record and applicable law, we reverse Defendant's convictions and remand this case for a new trial.

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Cases posted the week of 11/05/2001
State vs. Nordell Buggs - M2000-02759-CCA-R3-CD View
Davidson County - Defendant contends that the evidence was insufficient to support the convictions of attempted burglary and possession of burglary tools. We affirm the judgments from the trial court.

State vs. Rita Davis - M2000-03227-CCA-R3-CD View
Marshall County - The Appellant, Rita Davis, pled guilty to one count of failure to appear, a class E felony, and was sentenced as a career offender to six years confinement. No direct appeal of her sentence was taken. Davis then filed a petition for post-conviction relief, requesting (1) a delayed direct appeal of her sentence; and (2) that her conviction be vacated upon grounds: (a) that her guilty plea was involuntarily entered based upon ineffective assistance of counsel; and (b) that her conviction was obtained in violation of "constitutional due process rights." After review, we find that the post-conviction court's consolidation of issue (1), granting the direct appeal of her sentence, and issue (2), the collateral review of Davis' challenge to her conviction through post-conviction process, conflicts with our previous holding in Gibson v. State, 7 S.W.3d 47 (Tenn. Crim. App. 1998). Thus, consistent with Gibson, we reverse and remand issue (2) with instructions that Davis' collateral attack of her conviction be dismissed without prejudice. With respect to issue (1), we grant review of Davis' six-year sentence. After review, we find this issue is without merit and affirm her sentence as imposed.

State vs. Pamela Sue King - M2000-00148-CCA-R3-CD View
Davidson County - The defendant, Pamela Sue King, was indicted by a Davidson County Grand Jury on one count of first degree premeditated murder. She was subsequently convicted by a jury of second degree murder, and was sentenced by the trial court to twenty-three years incarceration at 100% as a violent offender. Following the denial of her motion for a new trial, she filed a timely appeal to this court, raising two issues: (1) whether the evidence was sufficient to support her conviction for second degree murder; and (2) whether the trial court erred in allowing the jury to use a dictionary in its deliberations. After a review of the record, we affirm the judgment of the trial court.

State vs. Johnny Morrow - M2000-02927-CCA-R3-CD View
Marion County - The Appellant, Johnny Morrow, a former member of the Tennessee Army National Guard, was convicted by a jury of five penal provisions of the Tennessee Military Code of 1970. The convictions were merged into a single Class E felony offense of fraud against the government, in violation of Tenn. Code Ann. § 58-1-630(3). Morrow appeals his conviction, arguing: (1) that the penal provisions of Title 58, which are peculiar to the military, are not applicable to a member of the National Guard when not on active duty or in drill status; and (2) that his prosecution was barred by the statute of limitations. After review, we find merit in Morrow's argument that three of his convictions (Counts II, III, and IV), including his felony conviction of fraud against the government, did not occur while in a drill or duty status; therefore, these convictions are reversed and dismissed. We find that two of his convictions (Counts V and VI), both misdemeanors, are not subject to a drill or duty status requirement and, after finding they are not barred by the statute of limitations, these convictions are affirmed. Accordingly, the judgment is affirmed in part, reversed in part, and remanded for misdemeanor sentencing.

State vs. Kenneth Lee Pipkin - M1999-00870-CCA-OT-PC View
Stewart County - A Stewart County grand jury indicted the defendant on one count of first degree murder involving Marilyn June Adkins' death. Following a jury trial, he stood convicted of second degree murder. For this offense he received fifteen years as a Range I, standard offender. Thereafter the defendant elected not to file a new trial motion and waived his right to bring a direct appeal. Nevertheless, he later filed a post-conviction petition alleging five grounds for relief. Finding that trial counsel had provided ineffective assistance in advising the defendant regarding waiving direct appeal, this Court allowed him to file a delayed appeal. See Kenneth Lee Pipkin v. State, No. 01C01-9608-CC-00328, 1997 WL 749441 at *1, 8-9 (Tenn. Crim. App. at Nashville, Dec. 4, 1997.) As no new trial motion had been brought, the defendant was also allowed to file such motion. See id. at *9. Through this motion the defendant unsuccessfully alleged that there was insufficient evidence to support his conviction. He now brings the same issue before this Court. However, after reviewing the matter, we find it to lack merit and affirm the action of the lower court.

Eric Bernard Howard vs. State - M2001-00405-CCA-R3-PC View
Davidson County - The Defendant, Eric Bernard Howard, was convicted of two counts of aggravated robbery in the Criminal Court of Davidson County and sentenced to consecutive terms of seventeen years for each conviction. The Defendant now seeks post-conviction relief alleging that he was denied effective assistance of counsel. The trial court denied relief. We affirm.

Donald Ray Pannell vs. State - M2001-00675-CCA-R3-PC View
Marshall County - The Appellant, Donald Ray Pannell, appeals from the dismissal of his petition for post-conviction relief. Pannell was convicted by a Marshall County jury of burglary, burglary of an automobile, and theft. He was sentenced as a Career Offender to eighteen years in the Department of Correction. On appeal, Pannell argues: (1) that the trial judge erred in not recusing himself from presiding over the case, and (2) that he received ineffective assistance of counsel. After review, we affirm the judgment of the post-conviction court dismissing the petition.

State vs. James M.Brent - M2000-02369-CCA-R3-CD View
A Rutherford County jury convicted the defendant of driving under the influence of an intoxicant. The trial court sentenced the defendant to eleven months and twenty-nine days to be served in a local workhouse. The court required the defendant to serve forty-eight hours and allowed the defendant to serve the remainder of his sentence on probation. The defendant subsequently moved for a new trial and then amended his motion. The trial court denied his amended motion, and the defendant appeals this denial, alleging that the evidence presented at trial was insufficient to support his conviction, that the trial court erred by allowing testimony regarding the defendant's refusal to submit to a blood alcohol test, and that the trial court erred by instructing the jury that they could consider this refusal as evidence of the defendant's consciousness of guilt. After reviewing the record and applicable case law, we find that these issues lack merit and therefore affirm the trial court's denial of the defendant's motion for new trial.

State vs. Joseph Skelton - E2000-02255-CCA-R10-CO View
Knox County - Following Defendant's conviction for aggravated assault, this Court granted his application for extraordinary appeal pursuant to Tenn. R. App. P. 10 to determine whether a second trial on the matter of guilt for attempted first degree murder, an offense charged in Defendant's first trial but upon which the jury could not reach a unanimous verdict, would violate principles of double jeopardy. After a review of the facts and relevant law, we dismiss the count of the presentment charging attempted first degree murder and remand this case for sentencing on his conviction for aggravated assault.

Danny Hobbs vs. State - E2000-03182-CCA-R3-PC View
Sullivan County - The Petitioner/Appellee, Danny W. Hobbs, filed a petition for post conviction relief in the Criminal Court of Sullivan County. The petition was filed after expiration of the applicable statute of limitations. The trial court granted post-conviction relief and the State appeals. After review, we reverse the judgment of the trial court.

State vs. Lucious Allen - W2000-02320-CCAOT-PC View
Shelby County - The petitioner, Lucious Allen, pled guilty in the Shelby County Criminal Court to four felony offenses and was sentenced to a total effective sentence of eight years with the sentence running concurrently to a previously imposed federal sentence. Subsequently, the petitioner filed for post-conviction relief, alleging involuntary guilty pleas and that the trial court was without jurisdiction to impose concurrent sentencing. On appeal, the petitioner disputes the summary dismissal of his petition for post-conviction relief without the appointment of counsel and without an evidentiary hearing. Upon review of the record and the parties' briefs, we reverse the judgment of the post-conviction court and remand this case to the post-conviction court for appointment of counsel and further proceedings consistent with this opinion.

State vs. Charles Jones - W2000-02606-CCA-R3-CD View
Shelby County - The appellant, Charles E. Jones, was convicted by a jury in the Shelby County Criminal Court of first degree murder and was sentenced to life imprisonment in the Tennessee Department of Correction. On appeal, the appellant contends that the evidence is not sufficient for a jury to find him guilty of first degree murder. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court.

State vs. Michael Hill - W2000-02291-CCA-R3-CD View
Shelby County - The Defendant, Michael Hill, pled guilty to driving under the influence of an intoxicant, and submitted sentencing for determination by the trial court. Included within the sentencing was a determination by the trial court as to whether or not Defendant's prior convictions for DUI could be used to sentence him as a multiple DUI offender pursuant to Tennessee Code Annotated section 55-10-403. The trial court determined that at least two of the prior DUI convictions could be used to sentence Defendant as a multiple third DUI offender. Defendant was sentenced to 11 months and 29 days, with all but 180 days suspended, and he was fined $3,500.00. On appeal, Defendant argues that all of the prior convictions for DUI were imposed more than ten years prior to his conviction for DUI in this case, and that he should be sentenced as a first offender. We agree, and reverse the judgment of the trial court and remand this case for a sentencing hearing as a DUI first offender.

State vs. Terrell Jackson - W2001-00901-CCA-R3-PC View
Shelby County - The petitioner, Terrell E. Jackson, appeals the trial court's denial of post-conviction relief. The issues presented for review are whether the petitioner was denied the effective assistance of counsel and whether he entered a knowing and voluntary guilty plea. The judgment is affirmed.

State vs. Colico Walls - W2000-03008-CCA-R3-CD View
Shelby County - The defendant, Colico Walls, was convicted of attempted aggravated robbery. The trial court imposed a Range III sentence of 15 years. In this appeal of right, the defendant challenges the sufficiency of the evidence as to identity. The judgment is affirmed.

State vs. Gary M. Sexton - E2000-00167-CCA-R3-CD View
Knox County - The defendant, Gary M. Sexton, appeals from the trial court's denial of his Motion for Relief from Judgment declaring him to be a habitual offender pursuant to the Motor Vehicle Habitual Offenders (MVHO) Act. See Tenn. Code Ann. § 55-10-601, et seq. He contends that the judgment is void because the criminal court failed to attach a summons to the leading process as required by Rule 4 of the Rules of Civil Procedure. We hold that the trial court properly dismissed the defendant's motion.

State vs. Daniel Connelly - M2000-01914-CCA-R3-CD View
Dickson County - The defendant, Daniel O. Connelly, appeals from his conviction of driving under the influence of an intoxicant (DUI) imposed after a bench trial in the Dickson County Circuit Court. He claims on appeal that the evidence is insufficient to support his conviction and that the trial court erred in overruling a pretrial motion to suppress any evidence that the state garnered following the defendant's warrantless arrest. After hearing oral arguments and reviewing the record, the parties' briefs, and the applicable law, we affirm the conviction.

State vs. Richard Herrell - M1998-00767-CCA-R3-CD View
Dickson County - The Appellant, Richard W. Herrell, a.k.a. Ricky Herrell, was indicted by a Dickson County Grand Jury for vandalism resulting in personal property damage of $500 to $1,000. Following a bench trial, Herrell was found guilty of the indicted charge and received a two-year suspended sentence. On appeal, Herrell raises one issue for our review: Whether the evidence presented at trial was sufficient to support his conviction. After review, we find no error and affirm the judgment.

State vs. Nicholas Johnson - M2000-03162-CCA-R3-CD View
Williamson County - The Appellant, Nicholas J. Johnson, presents for review a certified question of law. Johnson pled guilty to two counts of possession of Schedule I drugs for resale, one count of possession of Schedule IV drugs for resale, and simple possession. Johnson received an effective ten (10)-year Community Corrections sentence, and was ordered to serve one hundred and fifty (150) days, day for day, in the Williamson County Workhouse. As part of his plea, Johnson explicitly reserved, with the consent of the trial court and the State, a certified question of law challenging the trial court's denial of his motion to suppress. After review, we find that the question was not properly certified because it fails to clearly identify the scope and limits of the legal issue reserved. Accordingly, the appeal is dismissed.

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Cases posted the week of 10/29/2001
State vs. Elesa D. McDaniels - E2000-02790-CCA-R3-CD View
Rhea County - The defendant was convicted of aggravated robbery and sentenced to eight years imprisonment. In this appeal, the defendant alleges (1) the evidence was insufficient to sustain her conviction, and (2) the trial court erroneously failed to charge simple robbery as a lesser-included offense of aggravated robbery. We conclude that the evidence was sufficient to support the conviction, and the defendant affirmatively acquiesced in the trial court's failure to charge simple robbery. We affirm the judgment of the trial court.

State vs. Stanley Boxley - W2000-00983-CCA-R3-CD View
Shelby County - The Defendant, Stanley Boxley, was convicted by a jury of first degree felony murder and attempted aggravated robbery. He was sentenced to life imprisonment for the murder and to a consecutive ten year term for the attempted aggravated robbery. In this appeal as of right the Defendant contends that there is insufficient evidence to sustain his convictions and that the trial court erred by ruling that the State could introduce evidence of threats against the accomplice witnesses if the Defendant inquired into the prosecution's recommendation that they receive probation. Finding the evidence insufficient to corroborate the accomplices' testimony, we reverse the Defendant's convictions and dismiss.

State vs. Walter Johnson - W2001-00382-CCA-R3-PC View
Shelby County - The Petitioner was convicted of especially aggravated kidnapping and sentenced to twenty-five years incarceration. The conviction and sentence were affirmed on direct appeal. Subsequently, the Petitioner filed a petition for post-conviction relief, alleging that his attorney at trial was ineffective. The post-conviction court denied relief. We affirm the judgment of the post-conviction court.

State vs. Melvin Melson - W2000-03130-CCA-R3-CD View
Hardin County - The Defendant pled guilty to two counts of aggravated sexual battery, and the trial court sentenced the Defendant pursuant to his plea agreement to two concurrent ten-year sentences. In this appeal as of right, the Defendant argues that the trial court erred by denying his request that he serve his sentence on community corrections. Because we conclude that the sentence imposed is adequately supported by the record, and that the trial court did not err by refusing to allow the Defendant to serve his sentence on community corrections, we affirm the judgment of the trial court.

State vs. David Glenn Ayers - E2000-03074-CCA-R3-CD View
Anderson County - The defendant, David Glenn Ayers, was convicted of driving under the influence, second offense. The trial court imposed a sentence of 11 months and 29 days with release eligibility after service of 75%. In this appeal of right, the defendant challenges the sufficiency of the evidence, argues that the trial court should have set aside the verdict as thirteenth juror, and contends that the sentence is excessive. The judgment is affirmed.

State vs. Patrick D. Paris - E2000-02672-CCA-R3-CD View
Hamilton County - The defendant, Patrick D. Paris, appeals from his convictions for attempted first degree murder and especially aggravated robbery, contending that the evidence is insufficient to support his convictions and that the trial court erred by allowing hearsay testimony into evidence as an excited utterance. We affirm the judgments of conviction.

State vs. Mary Jane McMahan - E2000-03156-CCA-R3-CD View
Blount County - The defendant appeals the trial court's revocation of her probation. After a thorough review of the record, we affirm the judgment of the trial court.

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Cases posted the week of 10/22/2001
State vs. Ricky Earls - M2001-00063-CCA-R3-CD View
Bedford County - The defendant, Ricky Lynn Earls, appeals from his conviction for theft of property valued over $1,000, contesting the sufficiency of the evidence. We affirm the judgment of conviction.

State vs. Quentin Armstrong - M2001-00227-CCA-R3-CD View
Davidson County - The Defendant, Quentin D. Armstrong, was convicted of two counts of aggravated assault in the Criminal Court of Davidson County. The trial court merged the second count into the first and sentenced the Defendant to six years. In his appeal as of right, the Defendant contends that (1) the evidence was insufficient to support his convictions for aggravated assault and (2) the trial court erred in refusing to instruct the jury concerning self-defense. We affirm the judgment of the trial court.

State vs. Terry Robinson - M2000-00995-CCA-MR3-CD View
Davidson County - The defendant, Terry Lee Robinson, appeals from his conviction by a jury for first degree murder, for which he was sentenced to life imprisonment. He contends that (1) the evidence was insufficient, (2) the trial court erroneously prohibited a defense expert from testifying as to the victim's cause of death, (3) the trial court admitted evidence of the defendant's prior conduct in violation of Tenn. R. Evid. 404(b), (4) he was denied a fair trial because the jury was composed of ten women and two men, and (5) he was denied a fair trial because a television movie about a man fatally poisoning his wife with cyanide aired during the trial. Although we hold that the trial court erred regarding the defendant's expert and the prior conduct evidence, we conclude the errors were harmless. We affirm the judgment of conviction.

State vs. Jerry Rubert - M2000-00914-CCA-R3-CD View
Maury County - A Maury County grand jury indicted the defendant, Jerry Lane Rubert, for two counts of aggravated kidnapping and three counts of especially aggravated rape. The defendant moved to suppress the evidence seized from his vehicle, as well as the evidence and statements derived from that seizure, on the grounds that the evidence was illegally seized. The trial court denied the defendant's motion, and at trial the prosecution introduced the evidence at issue. After the conclusion of this trial, a Maury County jury found the defendant guilty on all counts. The defendant now brings this appeal, challenging the trial court's denial of his motion to suppress. After reviewing the record and the applicable law, we find that the defendant's allegations do not merit relief, and therefore affirm his convictions.

State vs. Lentonio Swanson - M2000-02899-CCA-R3-CD View
Davidson County - The defendant appeals his consecutive sentences totaling 29 years for two counts of aggravated robbery and one count of aggravated assault. He contends the trial court erred in setting the length of each sentence and in ordering the sentences to be served consecutively. After a thorough review of the record, we affirm the judgment of the trial court.

State vs. James Alder - M2000-01804-CCA-R3-CD View
Franklin County - The defendant, James David Alder, appeals from his convictions and sentences which he received in the Franklin County Circuit Court. After a change of venue from Sequatchie County and a jury trial in Franklin County, the trial court imposed the following convictions and sentences: aggravated assault, ten years (Range II); kidnapping, ten years (Range II); and unlawful possession of a deadly weapon, eleven months and 29 days (Class A misdemeanor). The trial court ordered the felony sentences to run consecutively to each other but concurrently with the misdemeanor, for an effective sentence of twenty years. On appeal, the defendant complains that the trial court erred (1) in refusing to grant a mistrial after the victim testified that she had obtained an order of protection against the defendant and (2) in imposing the sentences. After our review of the record, the briefs of the parties, and the applicable law, we affirm the lower court's felony judgments but vacate and modify the misdemeanor judgment.

State vs. William Crutcher - M2001-00335-CCA-R3-CD View
Davidson County - The Defendant, William Orlando Crutcher, pled guilty to three counts of aggravated sexual battery and two counts of attempted rape of a child. After a sentencing hearing, the trial court imposed a ten year sentence for each of the Defendant's five convictions and ordered that the three aggravated sexual battery convictions be served consecutively, for an effective sentence of thirty years. On appeal, the Defendant challenges the trial court's imposition of consecutive sentences. We affirm the judgment of the trial court.

State vs. Frank C. Pease - E2000-02469-CCA-R3-CD View
Anderson County - The defendant, Frank C. Pease, appeals his conviction for criminal contempt. The sole issue for our determination is whether the evidence was sufficient to support his conviction. Since the contempt finding was based upon defendant's anticipated, rather than actual, refusal to follow the court's order, we reverse the judgment of the trial court.

State vs. Almeer Nance - E2000-00170-CCA-R3-CD View
Knox County - Following the transfer of his case from juvenile court, a Knox County grand jury indicted the defendant on one count of premeditated murder, one count of felony murder, one count of especially aggravated robbery, two counts of especially aggravated kidnapping, three counts of aggravated robbery, one count of aggravated assault, and two counts of theft over one thousand but under ten thousand dollars. Prior to trial the defendant filed an unsuccessful motion to suppress the statement he gave to authorities. The case proceeded to trial wherein the defendant was convicted as charged on seven of the aforementioned counts: more specifically, the jury found him guilty of the felony murder, especially aggravated robbery, especially aggravated kidnapping, and aggravated robbery offenses. For these crimes he received an agreed upon effective sentence of life plus twenty-five years in prison. He then filed a "Motion for Judgment of Acquittal, or in the Alternative, Motion for New Trial" alleging the trial court erred in failing to suppress his statement. After the denial of this motion, the defendant brought the instant appeal again raising the suppression issue. However, upon reviewing the record and applicable case law, we affirm the trial court's denial of the motion to suppress the defendant's statement.

State vs. Vincent Hatch - W2000-01005-CCA-R3-CD View
Shelby County - One day before his scheduled jury trial for first degree murder, the appellant sought and was granted the right to represent himself. He now appeals from his conviction by a Shelby County jury for the offense of first degree murder, asserting that the convicting evidence was insufficient and that the trial court denied him his constitutional right to the assistance of counsel. We affirm the judgment of the trial court.

State vs. George Wade - W1999-01607-CCA-R3-CD View
Obion County - An Obion County jury convicted the defendant for one count of felony evasion of arrest, one count of felony reckless endangerment, and one count of misdemeanor evasion of arrest. The trial court sentenced the defendant to six (6) years as a Range II multiple offender for his conviction for felony evasion of arrest, which was merged with his conviction for reckless endangerment. The trial court also sentenced the defendant to eleven (11) months and twenty-nine (29) days for his conviction for misdemeanor evasion of arrest, to be served concurrently with his sentence for his felony conviction. The defendant filed for a motion for new trial, and the trial court held a hearing on that motion on the same date that it held the sentencing hearing. Subsequently, the defendant filed a second motion for new trial, which the court treated as an amended motion for new trial. On appeal, the defendant challenges the sufficiency of the evidence at trial, his sentence, and the trial court's refusal to grant his motion for new trial based on the threatening statements made to jurors during a break in their deliberations. After reviewing the record, we find that none of these claims merit relief and therefore affirm the defendant's conviction.

State vs. Clarence Baird and Cathy Fisher - M2000-02314-CCA-R3-CD View
Davidson County - This is a state appeal from the dismissal of an indictment based upon a violation of mandatory joinder Rule 8(a) of the Tennessee Rules of Criminal Procedure. The defendants, Baird and Fisher, and other individuals were first indicted on July 23, 1999, for aggravated gambling promotion. The indictment alleged the illegal activity occurred from August 1998 through December 1998. On October 18, 1999, the defendants pled guilty to aggravated gambling promotion. The defendants and other individuals were again indicted for aggravated gambling promotion on March 21, 2000. This indictment alleged the illegal activity occurred from January 1999 through June 1999, which was prior to the return of the first indictment. The trial court dismissed the second indictment, finding that it violated Rule 8(a) requiring joinder. After a thorough review of the record, we affirm the judgment of the trial court.

State vs. G'dongalay Berry and Christopher Davis - M1999-00824-CCA-R3-CD View
Davidson County - A jury convicted the defendants of first degree murder in the shooting death of Adrian Dickerson. For this offense, the defendants received life sentences. They now appeal their convictions bringing three issues each. More specifically, G'dongalay Berry contends (1) that the trial court erred by not granting his request for a severance while allowing testimony concerning Berry's co-defendant's solicitation of a witness to commit a separate murder four months after this event; (2) that the uncorroborated testimony of accomplices is insufficient to sustain his conviction; and, similarly, (3) that the evidence presented is "insufficient, as a matter of law, for a rational trier of fact to find the defendant guilty of first degree murder." In addition, Christopher Davis alleges (1) that the trial court committed prejudicial error by allowing testimony concerning gang activity and membership; (2) that the trial court's admission of testimony regarding Davis' aforementioned solicitation to commit murder four months after this crime occurred constituted prejudicial error; and, (3) that should this court deem these alleged errors harmless individually, the cumulative effect of such mistakes deprived him of due process by making the trial fundamentally unfair. Having reviewed all of these issues and finding that none provide a basis for relief to either defendant, we affirm the trial court's judgment.

State vs. Michael Blackburn - M2000-01202-CCA-R3-CD View
Franklin County - The defendant appeals his convictions for first degree premeditated murder, first degree felony murder, and aggravated robbery. He contends that (1) insufficient evidence exists to support his convictions; (2) the trial court erred by not allowing into evidence the guilty plea of co-defendant Dickerson; (3) the trial court erred by not allowing into evidence statements made by co-defendant Dickerson; and (4) the trial court erred in ordering consecutive sentences. After review, we affirm the judgment of the trial court.

Parrish Jones vs. James M. Davis, Warden - M2000-02252-CCA-R3-PC View
Wayne County - The petitioner, Parrish L. Jones, appeals the denial of his petition for writ of habeas corpus, claiming that his sentences are illegal and void. Because the convicting court had no jurisdiction to impose an agreed upon sentence in excess of the statutory limits, the judgment is reversed and the cause is remanded for the grant of habeas corpus relief.

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Cases posted the week of 10/15/2001
Michael Bailey vs. State - E2000-00432-CCA-R3-PC View
A Sullivan County jury convicted the petitioner of one count of second degree murder involving the death of his son. For this offense the petitioner received a sentence of twenty years as a Range I, standard offender, and a $50,000 fine. He unsuccessfully brought a direct appeal challenging both his conviction and sentence. Subsequently, he filed a pro se post-conviction petition and was appointed counsel from the public defender's office. Following an evidentiary hearing, the trial court took this matter under advisement and later issued a detailed order dismissing the petition. Thereafter, the petitioner requested that his appointed attorney withdraw from the case and that he be allowed to bring his appeal pro se. The trial court granted this motion, and the petitioner now brings this appeal raising three issues. More specifically, he asserts that (1) the jury instructions, when viewed overall, effectively denied him "a fair trial and a reliable verdict;" (2) the State engaged in misconduct and denied him a fair trial by withholding exculpatory material; and (3) the prosecuting officer made the result of the petitioner's trial unreliable because the officer perjured himself. After reviewing these issues, we find that all have been waived and/or lack merit. We, therefore, affirm the trial court's denial of post-conviction relief.

State vs. Alan Smith - E2000-01891-CCA-R3-CD View </