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| State vs. Frankie Lee Lunsford
E2000-00642-CCA-R3-CD
The defendant appeals from his sentences imposed in the Sullivan County Criminal Court for three counts of contributing to the unruliness of a minor, a Class A misdemeanor; one count of inhaling paint, a Class A misdemeanor; one count of public intoxication, a Class C misdemeanor; one count of giving paint to another for unlawful purposes, a Class E felony; and one count of possession of drug paraphernalia, a Class A misdemeanor. The trial court imposed a sentence of two years on the felony conviction to be served in the Department of Correction, with the misdemeanor sentences running concurrently to the felony and to each other. In this direct appeal, the defendant challenges the denial of probation or alternative sentencing. We affirm the judgment of the trial court.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/27/00 | |
| Michael Bailey vs. State
E2000-00432-CCA-R3-PC
A Sullivan County jury convicted the petitioner of one count of second degree murder involving the death of his son. For this offense the petitioner received a sentence of twenty years as a Range I, standard offender, and a $50,000 fine. He unsuccessfully brought a direct appeal challenging both his conviction and sentence. Subsequently, he filed a pro se post-conviction petition and was appointed counsel from the public defender's office. Following an evidentiary hearing, the trial court took this matter under advisement and later issued a detailed order dismissing the petition. Thereafter, the petitioner requested that his appointed attorney withdraw from the case and that he be allowed to bring his appeal pro se. The trial court granted this motion, and the petitioner now brings this appeal raising three issues. More specifically, he asserts that (1) the jury instructions, when viewed overall, effectively denied him "a fair trial and a reliable verdict;" (2) the State engaged in misconduct and denied him a fair trial by withholding exculpatory material; and (3) the prosecuting officer made the result of the petitioner's trial unreliable because the officer perjured himself. After reviewing these issues, we find that all have been waived and/or lack merit. We, therefore, affirm the trial court's denial of post-conviction relief.
Authoring Judge: Judge Jerry Smith
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/27/00 | |
| State vs. James E. Harman, Jr.
E2000-00437-CCA-R3-CD
In October of 1999, the defendant pled guilty to one count of theft over one-thousand dollars ($1,000.00) and one count of possession of less than .5 ounces of marijuana. His plea form indicated that he agreed to receive concurrent sentences of five and one-half years as a Range II, multiple offender for the former offense and eleven months and twenty-nine days for the latter. Subsequently, the trial court conducted a hearing to determine the manner in which these sentences were to be served. At the conclusion of such hearing, the trial court denied the defendant any form of alternative sentencing, and it is this denial that the defendant contests through his appeal. However, after having reviewed the record and applicable authorities, we find this contention to be without merit and, therefore, affirm the trial court's sentence.
Authoring Judge: Judge Jerry Smith
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/27/00 | |
| State vs. Bobby Wells
E2000-01496-CCA-R3-CD
A Monroe County jury convicted the defendant of the sale of .5 grams or more of cocaine and of a separate offense involving the sale of less than .5 grams of cocaine. For these crimes the trial court sentenced him to nine years and four years respectively as a Range I, standard offender. These sentences were ordered to run concurrently with one another. Furthermore, the jury assessed the defendant a fifteen thousand dollar fine on each conviction. At a subsequent hearing the trial court denied his new trial motion and revoked his probation from previous offenses. Appealing these decisions, the defendant raises the following six issues: 1) whether the trial court erred by permitting the State to introduce transcripts of taped conversations allegedly transpiring between the defendant and informant when such transcripts were admitted through a police officer who neither heard nor electronically monitored the involved conversations; 2) whether the trial court erred by permitting the prosecution to play and introduce the aforementioned tapes through the same officer; 3) whether the State failed to prove chain of custody because it neither called the lab technician who placed the evidence in the vault at the crime laboratory nor complied with Tennessee Rule of Evidence 803(6); 4) whether the trial court erred in refusing to grant the defendant a new trial based on newly discovered evidence involving the informant's motive for testifying against the defendant; 5) whether sufficient evidence existed to support the conviction; and 6) whether the defendant's probation revocation should stand when such was based upon the above-outlined new convictions and not the defendant's failure to report as was alleged in the probation violation warrant and when the convictions forming the basis for the revocation are allegedly not supported by sufficient evidence. After a review of the record, we find these claims to lack merit and, therefore, affirm the lower court's actions.
Authoring Judge: Judge Jerry Smith
Originating Judge:R. Steven Bebb |
Monroe County | Court of Criminal Appeals | 09/27/00 | |
| State vs. James E. Harman, Jr.
E2000-00437-CCA-R3-CD
In October of 1999, the defendant pled guilty to one count of theft over one-thousand dollars ($1,000.00) and one count of possession of less than .5 ounces of marijuana. His plea form indicated that he agreed to receive concurrent sentences of five and one-half years as a Range II, multiple offender for the former offense and eleven months and twenty-nine days for the latter. Subsequently, the trial court conducted a hearing to determine the manner in which these sentences were to be served. At the conclusion of such hearing, the trial court denied the defendant any form of alternative sentencing, and it is this denial that the defendant contests through his appeal. However, after having reviewed the record and applicable authorities, we find this contention to be without merit and, therefore, affirm the trial court's sentence.
Authoring Judge: Judge Jerry Smith
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/27/00 | |
| William Boyd vs. State
E1999-01279-CCA-R3-PC
The petitioner, William Boyd, appeals from the trial court's denial of his petition for post-conviction relief. Boyd alleges that his eight-year sentence for the offense of especially aggravated sexual exploitation of a minor, which is to be served at 100 percent, is illegal. We agree that the sentence is illegal and therefore reverse the trial court's dismissal of the post-conviction petition, vacate the conviction of especially aggravated sexual exploitation of a minor and the dismissal of the charge of aggravated rape, and remand to the trial court for further proceedings.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:William H. Inman |
Monroe County | Court of Criminal Appeals | 09/27/00 | |
| J.Y. Sepulveda vs. State
E1999-02766-CCA-R3-PC
This is an appeal from the denial of the appellant, J. Y. Sepulveda's petition for post-conviction relief on the grounds that he was denied the effective assistance of counsel at the pre-trial stage of the prosecution. Appellant also alleges that the trial judge erred in not allowing testimony at the post-conviction hearing concerning ineffective assistance of trial counsel during trial. We find that none of these issues constitute error and affirm the trial court's denial of the petition for post-conviction relief.
Authoring Judge: Judge Jerry Smith
Originating Judge:Rex Henry Ogle |
Jefferson County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Roy Ray Wallace
E2000-00046-CCA-R3-CD
The defendant appeals his convictions for burglary and theft of property valued at less than five hundred dollars. He challenges the sufficiency of the evidence in light of the uncorroborated testimony of an accomplice, the admissibility of a recording of his co-defendant's testimony, and the length of his sentence. We affirm the convictions and sentences.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:O. Duane Slone |
Grainger County | Court of Criminal Appeals | 09/26/00 | |
| State vs. James Douglas Hampton
E1999-00115-CCA-R3-CD
The defendant appeals from the trial court's revocation of his probation. The defendant admits that he materially violated his probation, but contends that the trial court's disposition of the case was improper. The judgment of the trial court is affirmed.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Chris A. Jefferson
E2000-00429-CCA-R3-CD
Chris A. Jefferson appeals a certified question of law regarding a police officer's stop of him which resulted in his arrest for driving under the influence. Because we agree with the trial court that reasonable suspicion supported by specific and articulable facts existed for the stop, we affirm the judgment of the trial court.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Jimmy Cullop
E2000-00095-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Almeer Nance
E2000-00170-CCA-R3-CD
Following the transfer of his case from juvenile court, a Knox County grand jury indicted the defendant on one count of premeditated murder, one count of felony murder, one count of especially aggravated robbery, two counts of especially aggravated kidnapping, three counts of aggravated robbery, one count of aggravated assault, and two counts of theft over one thousand but under ten thousand dollars. Prior to trial the defendant filed an unsuccessful motion to suppress the statement he gave to authorities. The case proceeded to trial wherein the defendant was convicted as charged on seven of the aforementioned counts: more specifically, the jury found him guilty of the felony murder, especially aggravated robbery, especially aggravated kidnapping, and aggravated robbery offenses. For these crimes he received an agreed upon effective sentence of life plus twenty-five years in prison. He then filed a "Motion for Judgment of Acquittal, or in the Alternative, Motion for New Trial" alleging the trial court erred in failing to suppress his statement. After the denial of this motion, the defendant brought the instant appeal again raising the suppression issue. However, upon reviewing the record and applicable case law, we affirm the trial court's denial of the motion to suppress the defendant's statement.
Authoring Judge: Judge Jerry Smith
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Randall Best
E1999-00120-CCA-R3-CD
The defendant, Randall E. Best, appeals his first degree murder conviction and the resulting sentence of life without parole. He contends: (1) that the evidence is insufficient to show premeditation and deliberation, (2) that certain photographs of the victim were inadmissible at the sentencing phase of the trial, and (3) that the felony murder aggravating circumstance does not sufficiently narrow the class of death-eligible offenders when the jury convicts the defendant of both premeditated murder and felony murder. We hold that the evidence is sufficient, that the challenged photographs are admissible because they are relevant to the aggravating and mitigating circumstances, and that the jury properly based the defendant's sentence on the felony murder aggravator. We affirm the trial court's judgment of conviction.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Carroll L. Ross |
Monroe County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Jimmy Cullop
E2000-00095-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Robbie Carriger
E2000-00823-CCA-R3-CD
The state challenges the trial court's order placing the defendant, Robbie Carriger, on pretrial diversion based upon its finding that the prosecutor abused his discretion for failing to consider all the factors relevant to pretrial diversion in his written response denying diversion. The state contends that the trial court erred in refusing to consider the prosecutor's amended response to the application for pretrial diversion. We hold that the trial court properly refused to consider the prosecutor's amended response, but we reverse the trial court's automatic grant of pretrial diversion and remand the case for the trial court to consider the defendant's entitlement to pretrial diversion in light of the relevant factors.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Robert E. Cupp |
Carter County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Treva Dianne Green
E1999-02204-CCA-R3-CD
The defendant appeals from her Blount County Circuit Court conviction and sentence for driving under the influence, a Class A misdemeanor. The trial court sentenced the defendant to eleven months and 29 days in the Blount County Jail, all of which was suspended except for service of eight days incarceration. The jury imposed a fine of $1,500. In this direct appeal, the defendant complains that the evidence is insufficient to support her conviction, that statements she made to the arresting officer should have been suppressed, that prosecutorial misconduct taints the verdict, that the jury should have been charged on reckless driving as a lesser-included offense, and that her sentence and fine are excessive. We affirm the judgment of the trial court, as modified.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Wendell Lewis
W2001-03098-CCA-R3-CD
When the defendant's status on community corrections was revoked, the trial court should have given the defendant credit for the time served in the community corrections program. We, therefore, reverse and modify the judgment of the trial court.
Authoring Judge: Judge John Everett Williams
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 09/26/00 | |
| Slater Belcher vs. State
E1999-02287-CCA-R3-PC
Authoring Judge: Judge Jerry Smith
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/26/00 | |
| Rongie Taylor vs. State
M2002-01780-CCA-R3-PC
The post-conviction court denied the appellant's petition for post-conviction relief following his guilty plea to robbery with an agreed five-year sentence. In this appeal, the appellant argues: (1) his guilty plea was not entered voluntarily and knowingly; and (2) his trial counsel failed to provide him effective assistance relating to the entry of his plea. We affirm the judgment of the post-conviction court.
Authoring Judge: Judge Jerry Smith
Originating Judge:James L. Weatherford |
Warren County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Amy Boyd
E1999-02218-CCA-R3-CD
The defendant was indicted on two counts of aggravated assault. A Hawkins County jury found her guilty of one count and not guilty of the other. In this appeal as of right, the defendant challenges the sufficiency of the convicting evidence and the trial court's denial of alternative sentencing. Upon a thorough review of the record, we conclude the evidence was sufficient to sustain the defendant's conviction for aggravated assault and that alternative sentencing was properly denied. Thus, the judgment of the trial court is affirmed.
Authoring Judge: Judge Joe G. Riley
Originating Judge:James E. Beckner |
Hawkins County | Court of Criminal Appeals | 09/26/00 | |
| State vs. James McBride
E2000-00096-CCA-R3-CD
The defendant appeals his convictions for two counts of first degree murder and one count of attempted first degree murder. He contends that the evidence is insufficient to show premeditation, that his confession should have been suppressed, that the trial court erred in admitting gory photographs of the victims and of the motor vehicle, and that the trial court erred in sentencing him to consecutive sentences. We affirm the convictions and the sentence.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 09/26/00 | |
| State s. Anthony Lynn Wyrick
E1999-02206-CCA-R3-CD
The defendant was convicted of two counts of aggravated rape and sentenced to concurrent terms of life without parole as a repeat violent offender. He challenges the sufficiency of the presentment, the sufficiency of the evidence, the admission of the victim's in-court identification of him as the attacker, the exclusion of evidence of a prior false accusation of rape by the victim, his inability to discover the victim's rape crisis center file, and the constitutionality of the repeat violent offender statute under which he was sentenced. Because the defendant should have been allowed to impeach the victim by cross-examining her about the prior false accusation of rape, we reverse the judgments of conviction and remand the case for a new trial.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Nathaniel Lynn Crockett
E1999-00694-CCA-R3-CD
The Defendant pleaded guilty to two counts of burglary and two counts of theft over $1,000. The trial court sentenced the Defendant to two years for each count of theft over $1,000 and to one year for each count of burglary. The trial court ordered that all sentences be served concurrently and that the Defendant serve six months in the county jail followed by intensive probation for the remainder of the sentence. The Defendant was ordered to pay $2,500 in restitution and to perform one hundred hours of community service. On appeal, the Defendant argues that the trial court erred in sentencing him to six months in confinement. Finding no error, we affirm.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/26/00 | |
| Slater Belcher vs. State
E1999-02287-CCA-R3-PC
Authoring Judge: Judge Jerry Smith
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/26/00 | |
| Thomas J. Williams vs. State
M2000-00506-CCA-R3-PC
Thomas J. Williams appeals from the Hickman County Circuit Court's denial of his pro se petition for post-conviction relief. After review, we find the trial court's summary dismissal proper because the petition (1) is time barred; (2) fails to state a colorable claim; and (3) raises claims which are waived as they were not raised in previous petitions. Accordingly, we affirm the trial court's denial of the petition.
Authoring Judge: Judge David G. Hayes
Originating Judge:Timothy L. Easter |
Hickman County | Court of Criminal Appeals | 09/22/00 |