Authoring Judge: Judge David G. Hayes
Trial Court Judge: R. Lee Moore Jr.
The appellant, Jackie L. Gooch, appeals from the trial court's denial of his petition for post-conviction relief. Pursuant to a plea agreement, the appellant entered a "best interest" plea to the charge of voluntary manslaughter. On appeal, the appellant contends: (1) that his guilty plea was coerced and, thus, involuntarily entered; and (2) that trial counsel was ineffective. After review, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Roy Morgan
The appellant, Ballard, was found guilty by a jury of facilitating first degree murder. Following a sentencing hearing, the trial court imposed a sentence of twenty-five years, the maximum sentence permitted for a class A felony. Ballard now appeals the sentencing decision of the lower court, arguing that the court erred in its application of two enhancing factors and failed to apply a mitigating factor. Finding the record incomplete for review of these issues, the trial court's sentencing determination is afforded the presumption of correctness and the sentence is affirmed.
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Joseph B. Brown
Because the petitioner, Julius Parker, who was convicted of aggravated robbery and felony murder, received the effective assistance of counsel at trial, he is not entitled to post-conviction relief.
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Chris B. Craft
The defendant, Mark Williams, was indicted for attempted first degree murder. After being convicted for attempted second degree murder, he was sentenced, as a Range I offender, to 12 years in the Tennessee Department of Correction. In this appeal of right, the defendant contends that because the indictment did not allege an overt act, the conviction is void. He further asserts that the jury charge on attempted second degree murder was erroneous in that it did not require the jury to find that he intended to kill the victim. The judgment of the trial court is affirmed.
Authoring Judge: Judge David G. Hayes
Trial Court Judge: C. Creed Mcginley
The appellant, Jack Jay North, Jr., was convicted of first degree murder by a Hardin County jury and was sentenced to life imprisonment without the possibility of parole. On appeal, he asserts that the post-conviction court erred in finding trial counsel's performance to be effective during the sentencing phase of trial. Specifically, the appellant contends that trial counsel was ineffective for (1) failing to offer mitigating proof at the sentencing phase; (2) for failing to request funds for a mitigation specialist; and (3) for not objecting to comments made by the State during closing arguments of the sentencing phase. After review, we affirm the judgment of the Circuit Court of Hardin County.
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Jon Kerry Blackwood
This appeal follows dismissal of the Appellant's petition for post-conviction relief. The Appellant, Jones, was convicted by a Fayette County jury of possession of cocaine (over 26 grams) with intent to sell and possession of marijuana. On direct appeal, his convictions and sentences were affirmed. The Appellant filed this post-conviction petition asserting the following errors: (1) the trial court erred in not granting the Appellant's motion to sever; (2) the trial court erred in sentencing the Appellant; and (3) deficient representation by defense counsel including failing to timely file a Rule 11 application to the supreme court from this court's decision. We find that Appellant's defense counsel was ineffective with respect to his failure to timely file a Rule 11 application. Accordingly, the Appellant is granted the right to seek a delayed appeal to the Tennessee Supreme Court. Denial of post-conviction relief is affirmed as to the remaining issues.
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Julian P. Guinn
The appellant, Dereke Emont Fitzgerald, was convicted by a jury of aggravated assault and was sentenced to six years incarceration in the Tennessee Department of Correction. On appeal, the appellant raises one issue: Whether the trial court erred in refusing to instruct the jury on the issue of self-defense. Finding no error, we affirm the judgment.
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Dick Jerman, Jr.
In this case the Defendant, Darron Lenon, was found guilty of unlawful delivery of a Schedule II controlled substance, a Class B felony, following a jury trial. The trial court imposed a maximum Range I sentence of twelve years. In this appeal, the Defendant, in three issues, argues that the trial court erroneously applied an enhancement factor; failed to apply a mitigating factor; and failed to follow the mandates of the Tennessee Criminal Sentencing Reform Act of 1989. The Defendant asks this court to reverse the trial court and impose the minimum sentence of eight years. We decline to do so, and therefore affirm the judgment of the trial court.
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Mary Beth Leibowitz
Myra L. Smith appeals the sentencing decision of the Knox County Criminal Court revoking her non-incarcerative sentence and ordering service of the sentence in the TDOC. In September 1998, Smith pled guilty to the class C felony of facilitating aggravated robbery and was placed under the supervision of the Knox County Community Alternative to Prison Program (CAPP). Four months later, a violation warrant issued. On appeal, Smith argues that the trial court acted arbitrarily in revoking her suspended sentence by failing to consider her extreme drug addiction, her history of mental illness, and her lack of intent to violate the conditions of probation. Finding that the trial court did not abuse its discretion, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: E. Eugene Eblen
Raising issues of sufficiency of the evidence and improper sentencing, Joe C. Anderson appeals from his conviction of second degree murder in the Loudon County Criminal Court. Because we discern no error requiring reversal, we affirm.
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Lynn W. Brown
Because the trial court properly treated a habeas corpus petition as one for post-conviction relief and because the statute of limitations barred any review of constitutional issues, the petition was properly dismissed.
Authoring Judge: Judge John Everett Williams
Trial Court Judge: D. Kelly Thomas, Jr.
The defendant seeks full probation after pleading guilty to aggravated burglary and theft. She claims the trial court erred in requiring her to be incarcerated for ninety days of her four-year sentence. We affirm the sentence as imposed.
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Roy B. Morgan, Jr.
Defendant, Sandra Hoyle Cooper, appeals the trial court's revocation of her community corrections sentence. Defendant received two community corrections sentences of eleven months and twenty-nine days each following two separate convictions for theft and for filing a false police report. While serving her community corrections sentences, Defendant was arrested for aggravated robbery. Following a revocation hearing, the trial court revoked her community corrections sentences and ordered the imposition of her original sentences. Defendant argues that the trial court improperly based its revocation on circumstantial evidence that she committed the offense for which she was arrested. After a careful review of the record, we affirm the judgment of the trial court.
Trial Court Judge: Buddy D. Perry
The trial court dismissed the petitioner's pro se petition for habeas corpus relief. The petitioner alleges that various credits should reduce his sentence. The trial court determined that it lacked jurisdiction to address this issue or, in the alternative, that the sentence had not expired. We affirm the dismissal of the petition.
Defendant, Rosalind Marie Johnson, appeals her convictions for facilitation of first degree felony murder and aggravated burglary, for which she received concurrent sentences of 15 years and 3 years, respectively. Defendant, Donna Yvette McCoy, appeals her convictions for first degree felony murder and aggravated burglary, for which she received concurrent sentences of life with the possibility of parole and 3 years, respectively. Both defendants raise the issue of sufficiency of the evidence to support their convictions. Defendant Johnson raises the following additional issues in her appeal: 1) whether the trial court erred in failing to sever the defendants' trials; 2) whether the trial court erred in failing to remove a juror for cause; and 3) whether the trial court erred in failing to suppress statements made by Johnson. We conclude that the issues raised by both defendants in this appeal are without merit. The judgments of the trial court are affirmed.
Authoring Judge: Judge David H. Welles
Trial Court Judge: Ben W. Hooper, II
The Defendant, Emit Keith Cody, was convicted of first degree murder and sentenced to life imprisonment. He appealed, and we reversed his conviction and remanded the case for a new trial based on our conclusion that the trial court's failure to give a limiting instruction to the jury on the use of the State's main witness's prior inconsistent statement constituted plain error. See State v. Emit Keith Cody, No. E1999-00068-CCA-R3CD, 2000 WL 190227 (Tenn. Crim. App., Knoxville, Feb. 16, 2000). The State applied for permission to appeal to the supreme court, which granted permission for the purpose of remanding the case to this Court for reconsideration in light of the supreme court's recent decision in State v. Smith, 24 S.W.3d 274 (Tenn. 2000). After revisiting this issue, we remain of the opinion that the trial court committed plain error by failing to give a limiting instruction. Accordingly, the Defendant's conviction is reversed, and the case is remanded for a new trial.
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge J. Randall Wyatt, Jr.
The appellant, Stejana S. Holder, was convicted of one count of aggravated assault, one count of resisting arrest, and one count of disorderly conduct. The Davidson County Criminal Court imposed an effective sentence of three years to serve sixty days in the workhouse followed by two years probation. On appeal, the appellant alleges that the trial court erred by denying total probation. Upon review, we find no error and affirm the sentence of the Davidson County Criminal Court.
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Charles D. Haston, Sr.
The Defendant, Shawn Dontay Beard, appeals as of right following his conviction in the Warren County Circuit Court. Defendant was convicted by a jury for sale of a Schedule II controlled substance, cocaine, in an amount of less than point five (0.5) grams within one thousand feet of school grounds. Defendant argues there was insufficient evidence regarding his identity to support his conviction. He further challenges the length of his sentence on the grounds that the State raised the felony classification of his offense pursuant to the Drug-Free School Zone Act but failed to provide the Defendant with notice of enhancement. The judgment of the trial court is affirmed.
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge R. Jerry Beck
Defendant was convicted by a jury of four counts of aggravated sexual battery and ten counts of rape of a child. In this direct appeal Defendant alleges he did not receive a fair trial because (1) the bill of particulars did not sufficiently inform Defendant of the charges, and (2) the prosecution violated Brady vs. Maryland when it failed to turn-over potentially exculpatory evidence to Defendant pre-trial. Held: the bill of particulars adequately appraised Defendant of the crimes with which he was charged. Although the prosecution violated Brady when it failed to turn over potentially exculpatory evidence to Defendant pre-trial, the error was harmless. Judgment of the trial court affirmed.
Authoring Judge: Judge John Everett Williams
Trial Court Judge: C. Creed Mcginley
The defendant contends the trial court should have sentenced him to a Community Corrections Program. We conclude ample evidence exists to support the trial court's findings that incarceration is necessary to protect society from the defendant. The defendant has a long history of criminal conduct. We affirm the judgments from the trial court.
Authoring Judge: Judge David H. Welles
Trial Court Judge: Seth W. Norman
The Defendant, Theron L. Boyd, appeals as of right from an "Agreed Final Judgment Granting Delayed Appeal" entered by the trial court upon the trial court's finding that the Defendant was entitled to post-conviction relief. The "Agreed Final Judgment Granting Delayed Appeal" purports to modify the original judgment of conviction by explicitly reserving certified questions of law which would be dispositive of the case and then to grant a delayed appeal of those issues. The Defendant argues that his convictions pursuant to his guilty pleas should be reversed because the trial court erred in denying his motion to suppress evidence found as a result of illegal searches by police. The State, however, argues that we lack jurisdiction to address the merits of the Defendant's contentions because the trial court did not have jurisdiction to amend the final judgment which did not reflect the reservation of certified questions of law pursuant to Tennessee Rule of Criminal Procedure 37(b). We conclude that this appeal is not properly before us. Accordingly, we must dismiss this appeal and remand to the trial court for further proceedings consistent with this opinion.
