COURT OF CRIMINAL APPEALS OPINIONS

James Earl Kirk, et al. vs. State
M1999-01369-CCA-OT-CO
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Jim T. Hamilton
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.

State of Tennessee v. Jeffrey Antwon Burns
M1999-01830-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Timothy L. Easter

State vs. Rhonda Jennings
M1999-01093-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Timothy L. Easter
On October 28, 1998, at the conclusion of a bench trial, Rhonda Jennings, the defendant and appellant, was found guilty of one count of theft over five-hundred dollars and one count of theft under five-hundred dollars. Following a sentencing hearing on February 26, 1999, the trial court ordered the defendant to serve two years on community corrections after serving twenty days in jail. On April 29, 1999, a warrant was filed against the defendant alleging that she had violated a condition of her community corrections sentence. After an evidentiary hearing on July 12, 1999, the trial court revoked the defendant's community corrections sentence and re-sentenced her to eighteen months incarceration. On appeal, the appellant claims that her sentence is excessive. After a thorough review of the record, we affirm the judgment of the trial court.

State vs. Bobby Garner
M1999-01427-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Robert W. Wedemeyer
Following a Montgomery County Grand Jury indictment, Bobby Garner, the defendant and appellant, pled guilty to one count of aggravated burglary and one count of theft of property over one-thousand dollars. After a sentencing hearing, the trial court sentenced the defendant to serve five years for aggravated burglary and three years for theft. The trial court ordered the defendant to serve the sentences consecutively. On appeal, the defendant argues (1) that the sentences imposed were excessive, (2) that he should have been sentenced alternatively, and (3) that consecutive sentences were inappropriate. After a thorough review of the record, we affirm the judgment of the trial court.

Joey Lee Smith vs. State
M1999-01896-CCA-R3-PC
Authoring Judge: Judge Jerry Smith
Trial Court Judge: William Charles Lee
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.

State of Tennessee v. Jeffrey English
II-1298-401-A
Trial Court Judge: Timothy L. Easter

State vs. Jack Welch
W1999-00860-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: J. Steven Stafford

State vs. Frank Tate
W1999-01068-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Bernie Weinman

Jackie William Crowe vs. State
E1998-00016-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Carroll L. Ross

State vs. Clifford Douglas Peele
E1999-00907-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall

Paul Barnett vs. State
E1999-01583-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Lynn W. Brown

Paul Barnett vs. State
E1999-01583-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Lynn W. Brown

State vs. Sheila Kay Cooper
E1999-00220-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: James B. Scott, Jr.

State vs. Fred Hegwood, Jr.
M1999-00781-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Donald P. Harris

Charles Clay Young vs. State
M1999-01365-CCA-R3-PC
Trial Court Judge: Leon C. Burns, Jr.

State vs. Charles William Young
M1999-01240-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: W. Charles Lee

State vs. Lawrence Ralph, Jr.
M1999-01635-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Charles D. Haston, Sr.

State vs. Charles A. Dailey
M1999-01075-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Steve R. Dozier

State vs. Franklin Robert Bigsby
M1999-01887-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: James K. Clayton, Jr.

State vs. Alvin Tate
W1999-01224-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Arthur T. Bennett

State vs. Nick Holscher
M1999-00448-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Seth W. Norman

State of Tennessee v. Stacey L. Spiceland
M1999-02529-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Timothy L. Easter

Jeffrey Lynn Cravens vs. State
E1999-00385-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Rex Henry Ogle

State vs. Antonio Jackson
W1999-00712-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: James C. Beasley, Jr.
The defendant appeals his convictions for facilitation of first degree murder and especially aggravated kidnapping. He raises issues regarding the sufficiency of the evidence relative to accomplice testimony, the competency of a witness, the exhibition of the victim's skull to the jury, and the failure to merge the convictions for due process and double jeopardy purposes. We affirm the trial court.

State vs. John Bradley Lowery
E1998-00034-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Ray L. Jenkins