E1999-00915-CCA-R3-PC E1999-00915-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: R. Steven Bebb
Bradley
Court of Criminal Appeals
State s. Amanda Lee Sutton E1999-00920-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Stephen M. Bevil
The defendant, a former day care worker, pled guilty to Class D felony child abuse for breaking the jaw of a two-year-old child in her care. She was given a three-year sentence, to be served in split confinement, with six months in the county workhouse and four years of supervised probation. On appeal, the defendant raises the issues of whether the trial court erred in considering the age, vulnerability, and risk to the victim's life as a sentencing enhancement factor when the offense was already classified according to the age of the victim, and whether the trial court erred in failing to utilize alternative sentencing. Based upon our review, we affirm the decision of the trial court.
Hamilton
Court of Criminal Appeals
Johnny Rutherford vs. State E1999-00932-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: James B. Scott, Jr.
Anderson
Court of Criminal Appeals
State vs. Richard Eugene Trivette E1999-00944-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Phyllis H. Miller
The Defendant was convicted of two counts of sexual battery. His plea agreement provided for concurrent sentences of two years for his convictions, with the manner of service of the sentences to be determined by the trial judge. The trial judge ordered that the Defendant serve 280 days of his sentences in the county jail, with the balance to be served on intensive probation. On appeal, the Defendant argues that the trial judge erred by ordering him to serve 280 days in jail. We modify the sentences imposed by the trial court.
State vs. Michelle Ferguson E1999-01302-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Carroll L. Ross
Defendant Michelle Ferguson was convicted by a jury of two counts of aggravated child abuse and one count of first degree murder in perpetration of aggravated child abuse. The trial court subsequently imposed concurrent sentences of eighteen years, eighteen years, and life. Defendant challenges her convictions, raising the following issues: (1) whether the evidence was sufficient to support her convictions; (2) whether the trial court erred when it failed to sever the trials for the charges in this case; and (3) whether the trial court erred when it failed to grant a motion for a mistrial. The judgment of the trial court is reversed, and the case is remanded for a new trial.
McMinn
Court of Criminal Appeals
State vs. James Chapman E1999-01315-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Douglas A. Meyer
Hamilton
Court of Criminal Appeals
State vs. Gordon Scott Katz E1999-01220-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: James B. Scott, Jr.
The appellant, Gordon Scott Katz, was found guilty by a jury in the Criminal Court of Anderson County of one count of auto burglary, a class E felony, and one count of theft under $500, a class A misdemeanor. Subsequently, the trial judge granted the appellant's motion for judgment of acquittal. The State appealed. This court reversed the trial court's judgment of acquittal and remanded for further proceedings. The appellant then moved for a new trial. The trial court denied the appellant's motion for new trial, stating that the opinion of this court mandated a reinstatement of the jury's verdict. The appellant appeals and presents the following issues for our review: (1) whether the trial court erred in ruling that the previous order of the Court of Criminal Appeals required denial of the motion for new trial; (2) whether the indictment in this case is fatally defective such as to require dismissal of this charge; (3) whether the evidence of intent to commit a felony is insufficient to support the conviction; and, (4) whether the evidence of intent to deprive the owner is insufficient to support the conviction. Upon review of the record and the parties' briefs, we reverse the judgment of the trial court and remand for a new trial.
Anderson
Court of Criminal Appeals
State vs. Larry Keith Huddle E1999-00250-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Phyllis H. Miller
Jerry L. Johns vs. State E1999-00260-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: E. Eugene Eblen
Morgan
Court of Criminal Appeals
State vs. James David Lamor Perry E1999-00271-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Phyllis H. Miller
Defendant James David Lamor Perry was convicted of two counts of possession of cocaine, more than .5 grams, within 1000 feet of a school, and one count of possession of marijuana. Defendant was fined and sentenced to 20 years on each cocaine possession count and to 6 months on the marijuana count, all sentences to run concurrently. On this direct appeal Defendant now raises numerous challenges to his convictions, including issues regarding the constitutionality and interpretation of the Drug-Free School Zone Act. Defendant also argues that his sentence for the cocaine possession counts is excessive. We find no error and affirm Defendant's convictions and sentences.
State vs. Ann Elizabeth Martin E1999-01361-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Stephen M. Bevil
Defendant Ann Elizabeth Martin was convicted of driving under the influence, first offense. In this appeal as of right she argues (1) the trial court erred when it did not suppress blood test results because of statutory and constitutional infirmities in the implied consent form; and (2) the stop of her vehicle and subsequent arrest are unconstitutional because the arresting officer did not have a reasonable articulable suspicion warranting a traffic stop. Held: the implied consent form complies with the statutory requirements. However, the officer who arrested Defendant did not have a reasonable articulable suspicion warranting a traffic stop. Defendant's conviction is reversed, and the case is remanded for dismissal of the charge.
Hamilton
Court of Criminal Appeals
James C. Ward vs. State E2004-01397-CCA-R3-HC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Robert E. Cupp
The petitioner, James C. Ward, appeals from the trial court's order denying his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petitioner has failed to establish his claim of a void judgment. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.
Mark Alan Deakins vs. State E2004-01803-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Stephen M. Bevil
The petitioner, Mark Alan Deakins, pled guilty in the Hamilton County Criminal Court to especially aggravated sexual exploitation of a minor, sexual exploitation of a minor, and statutory rape and received an effective eleven-year sentence to be served as one year in jail and the remainder on probation. Subsequently, the petitioner filed a post-conviction petition, alleging that he was prosecuted under unconstitutional statutes and in violation of ex post facto constitutional provisions. The trial court denied post-conviction relief. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
