APPELLATE COURT OPINIONS

The petitioner, Curtis E. Duke, was convicted of two counts of the sale of crack cocaine, one count of possession of crack cocaine with the intent to sell, two counts of criminal impersonation, and one count of failure to appear. As a result, he was sentenced to 39 years in the Department of Correction. See State v. Curtis Emery Duke, No. M2000-00350-CCA-R3-CD, 2001 WL 252080 (Tenn. Crim. App. at Nashville, Mar. 14, 2001), perm. to appeal denied (Tenn. Mar. 27, 2001). In this pro se post-conviction petition, the petitioner presents the following issues for our review: (1) whether the trial court erred in finding that the petitioner waived the amendment of the indictment regarding variance; (2) whether the trial court erred in ruling that the petitioner's convictions were not obtained in violation of double jeopardy; (3) whether the trial court erred in sentencing the petitioner; and (4) whether the petitioner received effective assistance of counsel. Because the first three issues should have been addressed on direct appeal, we conclude that they are waived. Further, petitioner received the effective assistance of counsel. We therefore affirm the trial court's dismissal of the post-conviction petition.

A Blount County Circuit Court jury convicted the defendant, Michael W. Maples, of two counts of especially aggravated kidnapping, a Class A  felony. The trial court sentenced him to concurrent twenty-five-year sentences for the two convictions. In this appeal, the defendant claims (1) that the evidence is insufficient to support his convictions and (2) that his sentences are excessive. We affirm the judgments of the trial court.

This matter is before the Court upon the State’s motion to affirm the judgment of the trial court by opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner is appealing the trial court's denial of habeas corpus relief. A review of the record reveals that the Petitioner is not entitled to habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

This matter is before the Court upon the State’s motion to affirm the judgment of the trial court
pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner, Charles Crenshaw,
appeals the trial court’s denial of his motion for arrest of judgment. Finding that the instant
petition is not proper as either a motion in arrest of judgment, petition for post-conviction relief,
or application for writ of habeas corpus relief, we affirm the dismissal of the trial court.

The petitioner, Craig Stephen Bourne, appeals the Sullivan County Circuit Court's denial of his petition for post-conviction relief from his convictions for especially aggravated kidnapping, attempted second degree murder, and aggravated burglary and effective thirty-two-year sentence. The petitioner claims that he received the ineffective assistance of counsel because his attorneys (1) failed to raise the issue of double jeopardy; (2) failed to raise the issue of the trial court's interference during plea negotiations; (3) failed to raise the issue that the trial court gave the jury inaccurate instructions on release eligibility dates; (4) failed to challenge a jury instruction on a crime that was not included in the indictment in his motion for a new trial; and (5) failed, in the petitioner's motion for a new trial, to challenge the trial court's denial of trial counsel's motion to withdraw before trial. We affirm the trial court's denial of the petition.

The petitioner, Eddie Howard Pittman, appeals from a judgment denying post-conviction relief. As grounds for a new trial, the petitioner asserts that he was denied the effective assistance of counsel at trial and that there was error in the instructions to the jury. The judgment is affirmed.

Although I agree with many of the conclusions set forth in the majority opinion, I respectfully disagree with its primary conclusion that the petitioner did not establish ineffective assistance of counsel. In my view, he established deficiency and prejudice. See Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984).

The Appellant, James Howard Davis, appeals the Benton County Circuit Court’s dismissal of his
petition for post-conviction relief. Davis pled guilty to driving under the influence (“DUI”) eighth
offense and violation of the Motor Vehicle Habitual Offenders Act. On appeal, he asserts that he
was denied the effective assistance of counsel. Finding no error, the judgment of the post-conviction court is affirmed.

Following a jury trial, Defendant, Bill L. Williams, was convicted of theft of property over $10,000 in value, a Class C felony. He was sentenced as a Range II multiple offender to serve six years in the Shelby County Workhouse. In his sole issue on appeal, Defendant challenges the sufficiency of the evidence to sustain his conviction. After a thorough review of the record and the briefs of the parties, we affirm the judgment of the trial court.

The defendant, John Chris Elrod, was indicted by the Warren County Grand Jury on one count of aggravated kidnapping, a Class B felony, and one count each of assault and vandalism under $500, both Class A misdemeanors. He pled guilty to the Class A misdemeanors of false imprisonment, assault, and vandalism under $500 and was sentenced to eleven months, twenty-nine days at 75% on each count with counts one and two consecutive and count three concurrent with count one. In this appeal as of right, the defendant contends that the trial court abused its discretion in imposing consecutive sentences for two misdemeanors arising from the same episode. Following our review, we affirm the judgments of the trial court.

The trial court revoked the probation of the appellant, Sherman T. Mason, Jr., as a result of his second probation violation warrant. Consequently, he was ordered to serve the balance of his effective twenty-year sentence. On appeal, the appellant argues that the trial court erred in revoking his probation and ordering him to serve out the remainder of his sentence in confinement. We affirm the decision of the trial court.

In this Rule 9 interlocutory appeal, the State appeals the circuit court’s ruling that the defendants are entitled to the underlying search warrant affidavit at the general sessions level. We conclude that the defendants are entitled to the affidavit at the preliminary hearing in order to effectively challenge probable cause. The judgments of the circuit court are affirmed.

The petitioner, Arnold Carter, appeals the trial court's dismissal of his petition for writ of habeas corpus. The State has filed a motion requesting that this Court dismiss the appeal or, in the alternative, affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petitioner has not established a valid claim for habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

The appellant, Robert Dennis Heisinger, was convicted by a jury of one count of theft of property valued at $10,000 or more but less than $60,000. He was sentenced as a Range II offender to an eight-year sentence in the Tennessee Department of Correction. On appeal, he challenges the length of his sentence and the failure of the trial court to grant him alternative sentencing. We affirm the judgment of the trial court.

The appellant, Amy Jo Blankenship, entered pleas of guilty to counts of burglary, theft, and failure to appear. After the trial court imposed sentences on each guilty plea, the appellant filed a motion to set aside the judgments claiming that she was coerced into pleading guilty. She later filed a motion to withdraw the guilty pleas under Tennessee Rule of Criminal Procedure 32(f). The trial court denied both motions. This appeal follows. We affirm the decision of the trial court.

The Appellant, William James Wheeler, appeals the sentencing decision of the White County Circuit Court. Under the terms of the plea agreement, Wheeler pled guilty to reckless homicide, a class D felony, and arson, a class C felony, and received an agreed six-year sentence. Following a sentencing hearing, the trial court ordered that the six-year sentence be served in the Department of Correction. On appeal, Wheeler argues that he should have received a non-incarcerative sentence. After review, the judgments of the trial court are affirmed.

Petitioner, Samuel David Land, appeals from the trial court's dismissal of his petition for post-conviction relief. Petitioner was convicted by a jury for felony evading arrest and driving on a revoked license, second offense, a misdemeanor. For his felony conviction, Petitioner was sentenced as a career offender to twelve years in confinement. Petitioner was sentenced to 11 months and 29 days for the misdemeanor conviction. The sentences were ordered to be served concurrently with each other, but consecutive to a six-year sentence that Petitioner was already serving as a result of a probation violation in a prior case. This Court affirmed Petitioner's convictions on direct appeal. State v. Land, 34 S.W.3d 516 (Tenn. Crim. App. 2000). Following an evidentiary hearing, the trial court denied post-conviction relief. Having reviewed the record on appeal, the applicable law, and the briefs of the parties, we affirm the judgment of the trial court.

The Petitioner, Yourl Lee Bass, Jr., appeals the trial court's denial of his petition for post-conviction 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. The Petitioner fails to assert a colorable claim for post-conviction relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

The Petitioner, Gregory Lynn Hollingsworth, 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. The Petitioner fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

The defendant was found guilty of one count of selling a Schedule II controlled substance, a Class C felony, and sentenced to eight years in the Tennessee Department of Correction. The defendant contends on appeal that the trial court erred in not appointing another attorney and requiring the defendant to proceed pro se at the motion hearing and trial after several attorneys were allowed to withdraw. We conclude that the defendant has failed to provide this Court with a record of all relevant court dealings. Therefore, we presume that the whole record justifies the trial court's decisions. The judgment of the trial court is affirmed.

The Petitioner, Steven T. Loach, 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. The Petitioner fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

The Petitioner, Corey A. Kennerly, 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. The Petitioner fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

A Davidson County jury convicted the defendant, Jacob Edward Campbell, of premeditated first degree murder, felony murder, and robbery, and the trial court merged the two murder convictions into a single offense of first degree murder. Thereafter, the jury sentenced the defendant to life imprisonment with the possibility of parole for first degree murder, and the trial court imposed a ten-year sentence for the robbery conviction to be served consecutively to the defendant's life sentence. On appeal, the defendant contends that: (1) the evidence was insufficient to support his convictions; (2) the trial court erred by admitting into evidence crime scene photographs of the murder victim; (3) the trial court erred by admitting into evidence testimony regarding pills found on the defendant when he was arrested; (4) the trial court erred by allowing a State's witness to read to the jury a summary of the witness's pre-trial statement to police; (5) the trial court erred by denying the defendant's request to introduce a prior recorded statement of an unavailable witness to impeach a State's witness; (6) the trial court erred by not clarifying its jury charge that the jury could not consider evidence introduced at trial concerning the co-defendant; and (7) the trial court erred by ordering that the sentence for robbery run consecutively to the defendant's life sentence. Finding no reversible error, we affirm the trial court's judgments.

Aggrieved that the lower court denied post-conviction relief following an evidentiary hearing, the petitioner, Ricco Saine, appeals and claims that his aggravated burglary conviction resulted from ineffective assistance of counsel and an involuntary guilty plea. We affirm the denial of post-conviction relief.

The petitioner appeals the lower court’s denial of his post-conviction relief petition following his guilty plea to possession of less than .5 grams of cocaine with intent to deliver. On appeal, the petitioner contends: (1) he received ineffective assistance of counsel; and (2) he did not knowingly and voluntarily enter his guilty plea. We affirm the judgment of the post-conviction court.