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| State vs. John Roy Polly
M1999-00278-CCA-R3-CD
In this direct appeal, the defendant argues that he was incorrectly sentenced as a "persistent offender." We agree that the twenty-four hour merger rule bars use of one of his previous convictions and therefore reverse and remand for resentencing as a "multiple offender" within Range II.
Authoring Judge: Judge John Everett Williams
Originating Judge:William Charles Lee |
Marshall County | Court of Criminal Appeals | 06/21/00 | |
| State vs. Christopher Stacy Long
E1999-01205-CCA-R3-CD
Originating Judge:James E. Beckner |
Hamblen County | Court of Criminal Appeals | 06/21/00 | |
| Mark E. Oliver vs. State
M1999-02323-CCA-R3-PC
The petitioner, Mark E. Oliver, appeals as of right from the dismissal of his petition for writ of habeas corpus. He contends that his original sentence of sixty years as a Range II offender for the offense of second degree murder is an illegal sentence because the trial court was without jurisdiction to sentence him under the Criminal Sentencing Reform Act of 1982. We hold that the trial court lacked jurisdiction to sentence the petitioner under the 1982 Act; therefore, the sentence imposed is an illegal sentence. We remand this case to the trial court for further proceedings consistent with this opinion.
Authoring Judge: Judge John Everett Williams
Originating Judge:Timothy L. Easter |
Hickman County | Court of Criminal Appeals | 06/21/00 | |
| State vs. Glenda Dotson
E1999-02330-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Lynn W. Brown |
Sullivan County | Court of Criminal Appeals | 06/21/00 | |
| State vs. Dennis Daughtry
W1999-00792-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 06/21/00 | |
| 1999-00946-COA-R3-CV
1999-00946-COA-R3-CV
Originating Judge:Jeffrey F. Stewart |
Rhea County | Court of Appeals | 06/21/00 | |
| State vs. Tyaneshia Turner & Johnathan Webster
W1999-00530-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 06/21/00 | |
| Claude Garrett vs. State
M1999-00786-CCA-R3-PC
The defendant, after being convicted of first degree murder and sentenced to life imprisonment, was denied post-conviction relief by the Criminal Court of Davidson County. Defendant now appeals that denial and asserts that (1) the State withheld exculpatory evidence in violation of Brady v. Maryland, thereby undermining the confidence of the outcome of the trial; (2) the trial court erred by unconstitutionally instructing the jury; (3) the defendant was not afforded effective assistance of counsel; and (4) juror misconduct and bias violated the defendant's constitutional rights. The issue of juror misconduct was addressed by this court on direct appeal and, therefore, is not properly before this court. After review, we affirm the trial court's finding that the defendant received effective assistance of counsel; however, we reverse and remand the case for a new trial because the prosecution withheld exculpatory evidence in violation of Brady v. Maryland, thereby undermining the confidence in the outcome of the trial.
Authoring Judge: Judge John Everett Williams
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 06/21/00 | |
| State vs. Frank Michael Vukelich
M1999-00618-CCA-R3-CD
On December 8 through December 17, 1998, Frank Vukelich, the defendant and appellant, was tried in the Davidson County Criminal Court for one count of conspiracy to deliver 700 pounds or more of marijuana, three counts of conspiracy to commit money laundering, and five counts of money laundering. The jury found the defendant not guilty of one count of conspiracy to commit money laundering, but guilty on all other counts. Following a subsequent sentencing hearing, the court effectively sentenced the defendant to thirty-four years of incarceration and ordered the defendant to pay fines totaling $180,000. After a hearing regarding the defendant's motion for new trial, however, the trial court dismissed four money laundering counts. The defendant appeals here, arguing; (1) that the trial court erroneously allowed the consolidation of indictments; (2) that although the trial court correctly dismissed four money-laundering counts, the trial court erred by refusing to dismiss the counts prior to trial, thus prejudicing the defendant; (3) that the trial court erroneously denied the defendant's motion to suppress the fruits of two search warrants executed at the defendant's home; (4) that the defendant's confrontation rights were violated by the introduction of hearsay at trial; (5) that the trial court erroneously refused to grant a mistrial; (6) that the trial court erroneously allowed the introduction of prior acts of the defendant at trial; and (7) that his sentence is excessive. The State also appeals here, arguing that the trial court's dismissal of the four money-laundering counts was erroneous. After a review of the record, we hold that the trial court erroneously dismissed the four money laundering counts, and those counts must be reinstated. As to the defendant's claims, we find no merit. Accordingly, the judgment of the trial court is affirmed in part and reversed in part.
Authoring Judge: Judge Jerry Smith
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 06/20/00 | |
| State of Tennessee v. Jeffrey English
II-1298-401-A
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 06/20/00 | |
| State vs. Jack Welch
W1999-00860-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:J. Steven Stafford |
Dyer County | Court of Criminal Appeals | 06/20/00 | |
| Joey Lee Smith vs. State
M1999-01896-CCA-R3-PC
In April of 1995, a Bedford County jury convicted the petitioner of one count of child rape, multiple counts of aggravated sexual battery, one count of sexual battery, and two counts of reckless endangerment. For these offenses he received an effective sentence of nineteen years. Having unsuccessfully pursued a direct appeal, the petitioner filed a pro se post-conviction petition and subsequently received appointed counsel. Through his amended petition the petitioner contended that counsel's alleged misdeeds had risen to the level of ineffective assistance of counsel and also that certain actions taken by the trial court had violated his due process rights. The trial court conducted an evidentiary hearing on these matters and denied the petitioner relief. From this denial the petitioner brings this action again asserting that he received ineffective assistance both at trial and on direct appeal. However, following our review of the record, we find that the trial court correctly denied the petition, and we, therefore, affirm the lower court's decision.
Authoring Judge: Judge Jerry Smith
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 06/20/00 | |
| State vs. Owens
W1997-00237-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Joseph B. Dailey |
Shelby County | Supreme Court | 06/20/00 | |
| Jackie William Crowe vs. State
E1998-00016-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Originating Judge:Carroll L. Ross |
McMinn County | Court of Criminal Appeals | 06/20/00 | |
| Felix Wilkey, et al vs. Rhea County, TN et al
E1999-00307-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jeffrey F. Stewart |
Rhea County | Court of Appeals | 06/20/00 | |
| Hampton-Hoover vs. Hoover
M1999-01922-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 06/20/00 | |
| Homer Ernest Weeks, III vs. Kristina Lea Corbitt
E1999-02698-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 06/20/00 | |
| State of Tennessee v. Jeffrey Antwon Burns
M1999-01830-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 06/20/00 | |
| In the matter of B.B.
M1999-00643-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Burton D. Glover |
Davidson County | Court of Appeals | 06/20/00 | |
| John Paul Seals v. State of Tennessee
E1998-00367-SC-R11-PC
Authoring Judge: Justice E. Riley Anderson
Originating Judge:James E. Beckner |
Hamblen County | Supreme Court | 06/20/00 | |
| Design Concept Corporation vs. Ralph Phelps, et ux
E1999-00259-COA-R9-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 06/20/00 | |
| State vs. Clifford Douglas Peele
E1999-00907-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
|
Carter County | Court of Criminal Appeals | 06/20/00 | |
| James Earl Kirk, et al. vs. State
M1999-01369-CCA-OT-CO
In this interlocutory appeal the State raises the question of whether the Maury County Circuit Court, relying on Tenn. R. Crim. P. 5(a), erred by ordering that all proceedings in a case heard in general sessions court must be heard in the court closest to the location of the offense. It is the opinion of this Court that the plain language of Tenn. R. Crim. P. 5(a) controls the outcome of this case. The controversy in this case turns on the word "nearest" as used in the statute. A cursory reading of the statute could understandably lead one to believe that the term "nearest" was intended to convey geographic proximity. However, such a narrow reading of the word does not yield the desired result the Rule was intended to have, and cannot be read within the strict confines of the plain language set forth therein. The term "nearest" is broader in scope than mere geographical distance. It is the opinion of this Court that as used in Tenn. R. Crim. P. 5(a), "nearest" was intended to be analyzed temporally.
Authoring Judge: Judge John Everett Williams
Originating Judge:Jim T. Hamilton |
Maury County | Court of Criminal Appeals | 06/20/00 | |
| John Paul Seals v. State of Tennessee
E1998-00367-SC-R11-PC
Authoring Judge: Justice E. Riley Anderson
Originating Judge:James E. Beckner |
Hamblen County | Supreme Court | 06/20/00 | |
| State vs. Sheila Kay Cooper
E1999-00220-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 06/20/00 |