COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Randy Anderson - Dissenting
01C01-9412-CC-00406
Authoring Judge: Judge Paul G. Summers
Trial Court Judge: Judge Jim T. Hamilton

I respectfully disagree with my colleagues in this case. I do not believe that the prosecutor's remarks concerning the appellant's intention to plead guilty prejudiced him or deprived him of a fair trial. As pointed out by the majority, Judge v. State1 provides five factors to be considered in assessing the prejudicial effect of improper argument. The five factors are:

1. The conduct complained of viewed in context and in light of the facts and circumstances of the case.
2. The curative measures undertaken by the court and the prosecution.
3. The intent of the prosecutor in making the improper statement.
4. The cumulative effect of the improper conduct and any other errors in the record.
5. The relative strength or weakness of the case.

State vs. Tolley
03C01-9604-CC-00162
Trial Court Judge: Arden L. Hill

Anderson vs. State
03C01-9606-CC-00245
Trial Court Judge: James E. Beckner

Hunt vs. State
03C01-9603-CC-00126
Trial Court Judge: James E. Beckner

03C01-9603-CC-00095
03C01-9603-CC-00095
Trial Court Judge: Rex Henry Ogle

State vs. Brian Martin
02C01-9410-CC-00212

State vs. Moore
03C01-9604-CC-00163

State vs. Kenneth O'Guinn
02C01-9510-CC-00302

02C01-9612-CC-00468
02C01-9612-CC-00468

State vs. Crespo
03C01-9504-CR-00118
Trial Court Judge: Ben W. Hooper, II

State vs. Seals
03C01-9512-CC-00396

State vs. Jimmie Allen
02C01-9509-CR-00286

02C01-9701-CC-00038
02C01-9701-CC-00038

Part Upon State v. Roger Dale Hill, No. 01C01-9508-Cc-00267 (Tenn. Crim. App. June
02C01-9701-CC-00017

State vs. Marvin Mathews
02C01-9512-CC-00366
Trial Court Judge: Joseph H. Walker, III

State vs. Rickey Smith
02C01-9511-CR-00342

02C01-9603-CR-00075
02C01-9603-CR-00075
Trial Court Judge: W. Fred Axley

State vs. Jeremiah Leavy
W2001-03031-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Joseph H. Walker, III
A Tipton County jury convicted the Petitioner of first degree murder, felony murder, aggravated robbery, and especially aggravated kidnapping. The trial court merged the two murder convictions and imposed a single life sentence with the possibility of parole. On direct appeal, this Court affirmed the conviction, and the Tennessee Supreme Court denied the Defendant's application for permission to appeal. The Petitioner then sought post-conviction relief in the trial court, alleging that he was denied effective assistance of counsel. Following a hearing, the post-conviction court dismissed the petition. The Petitioner filed a motion to reconsider, which the trial court denied, and the Petitioner appealed. Finding no error, we affirm the trial court's dismissal of the petition.

State vs. Callahan
03C01-9507-CC-00203

State vs. Skidmore
03C01-9502-CR-00039
Trial Court Judge: D. Kelly Thomas, Jr.

State vs. Bobby Nash
01C01-9409-CR-00330
Trial Court Judge: Seth W. Norman

Steve Bryant vs. State
01C01-9605-CR-00190

State vs. William Posey
01C01-9605-CR-00214
Trial Court Judge: Thomas H. Shriver

Joseph Veres vs. State
01C01-9602-CC-00070

Kenny Covington vs. State
01C01-9604-CR-00149