COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Al M. Williams
W2004-01679-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Joseph B. Dailey

The defendant was convicted of attempted second degree murder and sentenced as a Range II, multiple offender to confinement for nineteen years to be served consecutively to two prior sentences. In his appeal, he argues that the trial court erred in allowing hearsay testimony as to the desire of one of the witnesses, prior to the incident, to leave the house where the offense occurred, and that the evidence is insufficient to sustain the conviction. Following our review, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

Rahim Al Zarkani v. David G. Mills, State of Tennessee
W2005-01103-CCA-R3-HC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Joseph H. Walker, III

The Petitioner, Rahim Al Zarkani, appeals the trial court’s denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The State’s motion is granted. The judgment of the trial court is affirmed.

Lauderdale Court of Criminal Appeals

State of Tennessee v. Norman Kyle Lewis
E2005-00766-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Robert E. Cupp

The Appellant, Norman Kyle Lewis, was convicted by a Washington County jury of attempted first degree murder and was sentenced as a Range I standard offender to twenty-five years in the Department of Correction. On appeal, Lewis argues that the evidence is insufficient to support his conviction. After review of the record, we conclude that the convicting evidence was legally sufficient. Accordingly, the judgment of conviction is affirmed.

Washington Court of Criminal Appeals

Tim Holt v. State of Tennessee
E2005-00587-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge James E. Beckner

The Appellant, Tim Holt, appeals the judgment of the Hancock County Criminal Court denying post-conviction relief. Holt was convicted of first degree murder and sentenced to life imprisonment. On appeal, Holt argues that he was denied his Sixth Amendment right to the effective assistance of counsel. After review, the judgment of the post-conviction court is affirmed.

Hancock Court of Criminal Appeals

Wayford Demonbreun, Jr. v. Ricky Bell, Warden
M2005-01741-CCA-R3-HC
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge Cheryl A. Blackburn

The petitioner, Wayford Demonbreun, Jr., appeals the trial court's dismissal of his petition for habeas corpus relief. In this appeal, he alleges that his judgment of conviction for aggravated assault is void because the indictment was defective in that it failed to inform him of the essential elements of the offense for which he was convicted. The judgment of the trial court is reversed. The conviction at issue is vacated, habeas corpus relief is warranted as to that offense, and the cause is remanded for appropriate remedial action. Because the petitioner is also imprisoned for second degree murder, he is not entitled to release by virtue of this opinion.

Davidson Court of Criminal Appeals

State of Tennessee v. Corey Moten
W2004-02896-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Chris B. Craft

The defendant, Corey Moten, was convicted of second degree murder, a Class A felony, and sentenced as a violent offender to twenty years in the Department of Correction. On appeal, he argues that the evidence is insufficient to support his conviction and that the trial court erred in giving a sequential jury instruction. Following our review, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

Gregory Hedges v. David Mills, Warden
W2005-01523-CCA-R3-HC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Joseph H. Walker, III

The Petitioner Gregory Hedges appeals the trial court's denial of his petition for habeas corpus relief.  The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we grant the State's motion and affirm the judgment of the lower court.

Lauderdale Court of Criminal Appeals

Charles Hall v. David Mills, Warden
W2005-02266-CCA-R3-HC
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Judge Joseph H. Walker, III

The Petitioner, Charles Hall, appeals the trial court’s denial of his petition for habeas corpus relief.  The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The State’s motion is granted. The judgment of the trial court is affirmed.

Lauderdale Court of Criminal Appeals

State of Tennessee v. Jarrod Johnston Slaughter
W2005-00442-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Roger A. Page

The appellant, Jarrod Johnston Slaughter, was convicted by a jury in the Madison County Circuit Court of driving under the influence (DUI), third offense. He received a sentence of eleven months, and twenty-nine days, with 208 days to be served in confinement. On appeal, the appellant challenges the sufficiency of the evidence supporting his conviction and the length of confinement imposed by the trial court. Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court.

Madison Court of Criminal Appeals

Ronald Dennis Crafton v. State of Tennessee
W2005-01108-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge C. Creed McGinley

The Petitioner, Ronald Dennis Crafton, appeals the trial court's denial of his motion to reopen his petition for post-conviction petition. The State has filed a motion requesting that this Court dismiss the above-captioned appeal, or in the alternative, affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Because Petitioner has failed to properly invoke this Court’s jurisdiction, the above-captioned appeal is dismissed.

Henry Court of Criminal Appeals

Jessie Hodges v. State of Tennessee
W2005-01852-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Joseph H. Walker, III

The Petitioner, Jessie Hodges, appeals the lower court’s denial of his petition for post-conviction relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner is procedurally barred from pursuing appellate review of the lower court’s denial of post-conviction relief. Accordingly, the above-captioned appeal is dismissed.

Lauderdale Court of Criminal Appeals

Eric Glover v. State of Tennessee
W2005-02004-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Jon K. Blackwood

The Petitioner, Eric Glover, appeals the lower court’s denial of his petition for post-conviction relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner is procedurally barred from pursuing appellate review of the lower court’s denial of post-conviction relief. Accordingly, the above-captioned appeal is dismissed.

Fayette Court of Criminal Appeals

State of Tennessee v. Bernard Thomas Nelson
M2005-00764-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge John H. Gasaway, III

On appeal, the defendant challenges the sufficiency of the evidence to support the verdict and the denial of alternative sentencing. Following our review, we conclude that the evidence presented was sufficient to support the jury's verdicts and that the denial of alternative sentencing was justified given the defendant's lengthy history of criminal activity and the inability of probation to deter him from such conduct. Therefore, we affirm the convictions and sentences.

Montgomery Court of Criminal Appeals

State of Tennessee v. Willie J. Simmons
M2005-00556-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge James K. Clayton, Jr.

The Defendant, Willie J. Simmons, was convicted of rape and sexual battery. The Defendant received an effective eight year sentence in the Department of Correction. On appeal, the Defendant argues that the trial court erred in denying alternative sentencing. We affirm the judgment of the trial court.

Rutherford Court of Criminal Appeals

State of Tennessee v. James Thomas Manning
M2004-03035-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Leon C. Burns, Jr.

On April 15, 1998, the Putnam County Grand Jury indicted Defendant, James Thomas Manning, on one count of aggravated burglary, two counts of aggravated rape, one count of attempted aggravated sexual battery, and one count of aggravated robbery. Following a jury trial, Defendant was convicted of two counts of aggravated rape, a Class A felony, and one count of aggravated burglary, a Class C felony. The jury acquitted Defendant of attempted aggravated sexual battery and could not reach a verdict on the aggravated robbery charge. Defendant received concurrent twenty-five year sentences for each of the aggravated rape convictions, and a consecutive six year sentence for the aggravated burglary conviction, for an effective thirty-one year sentence. These sentences were ordered to be served consecutively to a prior sentence out of Sumner County being served by Defendant at the time of trial and sentencing. In his appeal, Defendant argues that the trial court erred by (1) denying his motion to strike expert testimony for failure to lay a proper foundation; (2) excluding evidence that the victim had pending charges for aggravated assault; (3) violating double jeopardy principles in allowing Defendant to be convicted of two counts of aggravated rape; and (4) imposing consecutive sentences. We affirm the judgments of the trial court.

Putnam Court of Criminal Appeals

Erika Louise Bunkley Patrick v. State of Tennessee
W2004-02217-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Lee Moore

Petitioner, Erika Louise Bunkley Patrick, appeals the post-conviction court’s dismissal of her petition for post-conviction relief in which she alleged that her pleas of guilty were not voluntarily and knowingly entered into and that her trial counsel rendered ineffective assistance in the negotiation and entry of her pleas. After a thorough review of the record, we affirm the judgment of the post-conviction court.

Dyer Court of Criminal Appeals

Cedric Davis aka Cedric Booker v. State of Tennessee
W2004-02505-CCA-R3-PC
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Judge John P. Colton, Jr.

The petitioner, Cedric Davis aka Cedric Booker, appeals from the post-conviction court’s denial of his petition for post-conviction relief. On appeal, he argues that the post-conviction court erred in finding that he received the effective assistance of counsel. Following our review of the record and the parties’ briefs, including the petitioner’s reply brief, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. Jamie Emerson New
W2005-01014-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Donald H. Allen

The Defendant, Jamie Emerson New, was convicted of aggravated sexual battery and sentenced to eight years of incarceration. On appeal, he contends that; (1) the evidence is insufficient to sustain his conviction, and (2) the two child witnesses who testified against him were not competent to testify. Finding no reversible error, we affirm the judgment of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. Bruce E. Olson
E2005-00663-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Richard R. Vance

A Sevier County Circuit Court jury convicted the defendant, Bruce E. Olson, of rape of a child, a class A felony, and the trial court sentenced him to serve twenty years at one hundred percent in the Department of Correction. On appeal, the defendant claims that the evidence was insufficient, that the trial court erred in not excluding the defendant's statement to police based upon the state's delay in providing him a redacted copy, and that the state violated his right to due process by withholding exculpatory evidence. We affirm the judgment of the trial court.

Sevier Court of Criminal Appeals

State of Tennessee v. Kristi Dance Oakes
E2005-01668-CCA-R10-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Richard R. Vance

The defendant, Kristi Dance Oakes, stands charged in the Sevier County Circuit Court with one count of statutory rape. The district attorney general denied her application for pretrial diversion, an action upheld by the trial court upon certiorari review of that decision. The defendant obtained an interlocutory appeal from this court via Tennessee Rule of Appellate Procedure 10. Following our review, we vacate the order upholding the denial of pretrial diversion and remand the case to the trial court.

Sevier Court of Criminal Appeals

State of Tennessee v. Efrain Murillo Ramirez
E2005-00550-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge James E. Beckner

The defendant, Efrain Murillo Ramirez, who is serving an eight-year Department of Correction sentence for a Greene County Criminal Court jury conviction of possession of one-half or more grams of cocaine with intent to sell or deliver, appeals and challenges the trial court's denial of his motion to suppress the cocaine seized from his automobile. Because the suppression issue has been waived by the failure to file a timely motion for new trial, the judgment is affirmed.

Greene Court of Criminal Appeals

Thomas Alvin Carter v. State of Tennessee
E2005-00625-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Carroll L. Ross

The petitioner, Thomas Alvin Carter, appeals from the Monroe County Criminal Court's dismissal of his petition for post-conviction relief from his guilty plea to theft over $500 but less than $1000, a Class E felony. He contends that his guilty plea was unknowing and involuntary and that he received the ineffective assistance of counsel. We affirm the judgment of the trial court.

Monroe Court of Criminal Appeals

Mark Griffin v. State of Tennessee
E2005-01568-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge James B. Scott, Jr.

The petitioner, Mark Griffin, appeals from the Anderson County Criminal Court's dismissal of his petition for post-conviction relief, through which he had challenged his conviction of first degree felony murder. On appeal, the petitioner claims that ineffective assistance of trial counsel and certain due process violations invalidate his convictions. We disagree and affirm.

Anderson Court of Criminal Appeals

William E. Eakes, III v. State of Tennessee
M2005-01016-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Seth W. Norman

This is an appeal as of right from the summary dismissal of a petition for post-conviction relief. The trial court dismissed the amended post-conviction petition because the court found the petition was not verified under oath and failed to include the factual basis upon which relief was sought. We affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

State of Tennessee v. Betty Gouge
E2005-01358-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Robert E. Cupp

The defendant, Betty Gouge, pled guilty to one count of sale of one-half gram or more of cocaine, a Class B felony, one count of possession with intent to sell one-half gram or more of cocaine, a Class B felony, and one count of possession with the intent to sell less than ten pounds of marijuana, a Class E felony. The Unicoi County Criminal Court sentenced her to eight years for each Class B felony and one year for the Class E felony to be served concurrently as a Range I, standard offender in the Department of Correction. The defendant appeals, contending that the trial court erred in denying her probation or alternative sentencing. We affirm the judgments of the trial court but we remand case number 5337, Count 3, to the trial court for the judgment to reflect that the defendant pled guilty and was found guilty.

Unicoi Court of Criminal Appeals