COURT OF CRIMINAL APPEALS OPINIONS

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

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

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

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

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

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

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

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

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

State of Tennessee v. Lamont Lee Harper
M1999-00451-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Jane W. Wheatcraft

The defendant was convicted by a Sumner County jury of aggravated assault and attempted first degree murder. The defendant alleges on appeal that: 1) the evidence was insufficient to establish guilt of aggravated assault; 2) the trial court erred in allowing victim Kevin Wynn to testify that he had previously seen the defendant with a gun; and 3) the trial court erred by failing to declare a mistrial after testimony that the drug task force kicked in the defendant’s door on a prior occasion, and after testimony that the defendant had previously been arrested. We affirm the judgment of the trial court.

State of Tennessee v. AAA Aaron's Action Agency Bail Bonds, Inc.
M1999-01915-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley

The appellant bail bond company appeals the en banc order of the Criminal Courts of Davidson County which refused to reinstate its authority to write bail bonds. We conclude the appellant was not given proper notice of grounds relied upon for the refusal to reinstate its authority to write bonds, and the Criminal Courts of Davidson County erroneously refused to reinstate appellant's authority to write bail bonds based upon its alleged failure to notify a defendant of an arraignment date. Accordingly, the judgment refusing to reinstate appellant's ability to write bail bonds is reversed.

State of Tennessee v. James Nathan Wilkerson
W1999-00978-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge C. Creed McGinley

The defendant pled guilty in Hardin County Circuit Court to a three count indictment for theft of property, possession of a prohibited weapon, and possession of a controlled substance. The defendant received an effective sentence of four years in the Tennessee Department of Corrections.  After seven months in Wayne County Boot Camp, he was placed on probation. A probation violation warrant was issued charging that the defendant had failed to make payments; failed to appear in court; left the state without permission; and been arrested on a new charge. Following a hearing, the probation was revoked, and the defendant timely appealed. Based upon our review, we affirm the judgment of the trial court.

Gary Carr v. State of Tennessee
W1999-01242-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Bernie Weinman

Petitioner appeals as of right from the dismissal of his post-conviction petition. On appeal Petitioner challenges only the post-conviction court’s determination that his trial counsel was effective when Petitioner entered into a guilty plea. After a de novo review, we conclude that petitioner has not established either prong of the Strickland test, and we affirm the trial court’s dismissal of the petition.