Tennessee Administrative Office of the Courts

Appellate Court Opinions

Format: 09/21/2019
Format: 09/21/2019
State s. Amanda Lee Sutton
E1999-00920-CCA-R3-CD
The defendant, a former day care worker, pled guilty to Class D felony child abuse for breaking the jaw of a two-year-old child in her care. She was given a three-year sentence, to be served in split confinement, with six months in the county workhouse and four years of supervised probation. On appeal, the defendant raises the issues of whether the trial court erred in considering the age, vulnerability, and risk to the victim's life as a sentencing enhancement factor when the offense was already classified according to the age of the victim, and whether the trial court erred in failing to utilize alternative sentencing. Based upon our review, we affirm the decision of the trial court.
Hamilton County Court of Criminal Appeals 12/01/10
Johnny Rutherford vs. State
E1999-00932-CCA-R3-PC
Anderson County Court of Criminal Appeals 12/01/10
State vs. Richard Eugene Trivette
E1999-00944-CCA-R3-CD
The Defendant was convicted of two counts of sexual battery. His plea agreement provided for concurrent sentences of two years for his convictions, with the manner of service of the sentences to be determined by the trial judge. The trial judge ordered that the Defendant serve 280 days of his sentences in the county jail, with the balance to be served on intensive probation. On appeal, the Defendant argues that the trial judge erred by ordering him to serve 280 days in jail. We modify the sentences imposed by the trial court.
Sullivan County Court of Criminal Appeals 12/01/10
State vs. Gordon Scott Katz
E1999-01220-CCA-R3-CD
The appellant, Gordon Scott Katz, was found guilty by a jury in the Criminal Court of Anderson County of one count of auto burglary, a class E felony, and one count of theft under $500, a class A misdemeanor. Subsequently, the trial judge granted the appellant's motion for judgment of acquittal. The State appealed. This court reversed the trial court's judgment of acquittal and remanded for further proceedings. The appellant then moved for a new trial. The trial court denied the appellant's motion for new trial, stating that the opinion of this court mandated a reinstatement of the jury's verdict. The appellant appeals and presents the following issues for our review: (1) whether the trial court erred in ruling that the previous order of the Court of Criminal Appeals required denial of the motion for new trial; (2) whether the indictment in this case is fatally defective such as to require dismissal of this charge; (3) whether the evidence of intent to commit a felony is insufficient to support the conviction; and, (4) whether the evidence of intent to deprive the owner is insufficient to support the conviction. Upon review of the record and the parties' briefs, we reverse the judgment of the trial court and remand for a new trial.
Anderson County Court of Criminal Appeals 12/01/10
State vs. Michelle Ferguson
E1999-01302-CCA-R3-CD
Defendant Michelle Ferguson was convicted by a jury of two counts of aggravated child abuse and one count of first degree murder in perpetration of aggravated child abuse. The trial court subsequently imposed concurrent sentences of eighteen years, eighteen years, and life. Defendant challenges her convictions, raising the following issues: (1) whether the evidence was sufficient to support her convictions; (2) whether the trial court erred when it failed to sever the trials for the charges in this case; and (3) whether the trial court erred when it failed to grant a motion for a mistrial. The judgment of the trial court is reversed, and the case is remanded for a new trial.
McMinn County Court of Criminal Appeals 12/01/10
State vs. James Chapman
E1999-01315-CCA-R3-CD
Hamilton County Court of Criminal Appeals 12/01/10
State of Tennessee v. Gregory A. Hedges
E1999-01350-CCA-R3-CD
Bledsoe County Court of Criminal Appeals 12/01/10
State vs. Ann Elizabeth Martin
E1999-01361-CCA-R3-CD
Defendant Ann Elizabeth Martin was convicted of driving under the influence, first offense. In this appeal as of right she argues (1) the trial court erred when it did not suppress blood test results because of statutory and constitutional infirmities in the implied consent form; and (2) the stop of her vehicle and subsequent arrest are unconstitutional because the arresting officer did not have a reasonable articulable suspicion warranting a traffic stop. Held: the implied consent form complies with the statutory requirements. However, the officer who arrested Defendant did not have a reasonable articulable suspicion warranting a traffic stop. Defendant's conviction is reversed, and the case is remanded for dismissal of the charge.
Hamilton County Court of Criminal Appeals 12/01/10
William Howell vs. State
E1999-01502-CCA-R3-PC
Knox County Court of Criminal Appeals 12/01/10
E1999-01504-CCA-R2-CD
Hamilton County Court of Criminal Appeals 12/01/10
E1999-01504-CCA-R2-CD
Hamilton County Court of Criminal Appeals 12/01/10
State vs. Harvey Holt
E1999-01552-CCA-R3-CD
Cocke County Court of Criminal Appeals 12/01/10
State vs. Robert Blocker
E1999-01624-CCA-R3-CD
Hamilton County Court of Criminal Appeals 12/01/10
State vs. Clint T. Melton
E1999-02090-CCA-R3-CD
Knox County Court of Criminal Appeals 12/01/10
William Boyd v. State of Tennessee
E1999-02179-CCA-R3-PC
Knox County Court of Criminal Appeals 12/01/10
State vs. Henry C. Bond
E1999-02183-CCA-R3-CD
The Defendant was convicted by a Knox County jury of two counts of forgery not exceeding $500. The Defendant was sentenced as a career offender to concurrent terms of six years on each conviction. On appeal, the Defendant contends that the evidence is not sufficient to support his convictions for forgery. Finding no error, we affirm.
Knox County Court of Criminal Appeals 12/01/10
State vs. Kenneth R. Shell
E1999-02422-CCA-R3-CD
Kenneth R. Shell appeals from his conviction of aggravated sexual battery. He seeks a new trial based upon newly discovered evidence. Finding no error in the trial court's denial of his motion for new trial on this basis, we affirm.
Cumberland County Court of Criminal Appeals 12/01/10
State vs. Michael Brian Goodwin
E1999-02424-CCA-R3-CD
Sullivan County Court of Criminal Appeals 12/01/10
State vs. Henry Christopher Johnson
E1999-02501-CCA-R3-CD
Hamilton County Court of Criminal Appeals 12/01/10
State vs. Kevin DeWayne Steen
E1999-02669-CCA-R3-CD
The sole issue in this appeal is whether the defendant was eligible for work release and/or periodic confinement prior to serving the mandatory minimum period of incarceration for second offense DUI. The trial court concluded that the defendant was ineligible for work release or periodic confinement prior to serving the mandatory minimum period of incarceration, and we affirm that judgment.
Anderson County Court of Criminal Appeals 12/01/10
E1999-987-CCA-R3-CD
Knox County Court of Criminal Appeals 12/01/10
Thomas McKee vs. State
E2000-00008-CCA-R3-PC
Knox County Court of Criminal Appeals 12/01/10
John Penley vs. State
E2000-00154-CCA-R3-CD
The Defendant filed for post-conviction relief, alleging that his guilty plea to drug-related charges (1) was not knowingly and voluntarily entered; (2) was the result of ineffective assistance of counsel; and (3) was contaminated by illegal evidence. After a hearing, the trial court denied relief, and the Defendant appeals as of right. We affirm the judgment of the trial court.
Sullivan County Court of Criminal Appeals 12/01/10
State of Tennessee v. John Philip Noland
E2000-00323-CCA-R3--CD
Cocke County Court of Criminal Appeals 12/01/10
Jerry Neal Carpenter vs. State
E2001-01732-CCA-R3-PC
The petitioner, Jerry Neal Carpenter appeals from the order of Knox County Circuit Court denying his petition for post-conviction relief. The post-conviction court dismissed Carpenter's petition, finding that the only claim alleged, i.e., the ineffectiveness of counsel, was without merit. In this appeal as of right, Petitioner challenges the lower court's ruling. We affirm the judgment of the post-conviction court.
Knox County Court of Criminal Appeals 12/01/10