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| State vs. Michael Spadafina
W1999-00268-CCA-R3-PC
The Benton County Circuit Court dismissed Michael Joseph Spadafina's petition for post-conviction relief in which Spadafina raised a number of issues of trial error and ineffective assistance of trial counsel in his conviction of first degree murder. On appeal, the petitioner limited his issues to the ineffective assistance of counsel in not seeking an individual, sequestered voir dire of the jury and in not challenging the use of damaging character evidence. Because we conclude that the petitioner failed to carry his post-conviction burden to prove his claims by clear and convincing evidence, we affirm the dismissal of the post-conviction petition.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Julian P. Guinn |
Benton County | Court of Criminal Appeals | 10/23/00 | |
| State vs. Clint T. Melton
E1999-02090-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 10/19/00 | |
| State vs. John Charles Johnson
M2000-00529-CCA-R3-CD
Defendant John Charles Johnson was convicted by a Davidson County jury of second degree murder, facilitation of aggravated kidnapping, and especially aggravated robbery. The trial court sentenced Defendant to twenty-five years for second degree murder, five years for facilitation of aggravated kidnapping, and twenty years for especially aggravated robbery. The trial court further ordered that Defendant's sentences for second degree murder and facilitation of aggravated kidnapping be served consecutive to each other and concurrent with Defendant's sentence for especially aggravated robbery, resulting in an effective sentence of thirty years. Defendant raises the following issues in this appeal: (1) whether the evidence was sufficient to support his three convictions; (2) whether the trial court erred in not granting Defendant's motion for judgment of acquittal on the ground that the testimony of a co-defendant was uncorroborated; (3) whether the trial court erred in not allowing Defendant to play a tape containing exculpatory statements; (4) whether the trial court erred by failing to charge the lesser-included offenses of voluntary manslaughter and facilitation to commit voluntary manslaughter; and (5) whether the length of the sentences imposed by the trial court were proper. Following a review of the record, we affirm the judgment of the trial court concerning Defendant's convictions and the lengths of Defendant's sentences. We reverse the trial court's order of consecutive sentencing and remand for a new hearing solely on the issue of concurrent or consecutive sentencing.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 10/18/00 | |
| State vs. Andre L. Mayfield
M1999-02415-CCA-R3-CD
In 1999, the Defendant was tried by a Davidson County jury and found guilty of aggravated robbery, aggravated rape, rape, and two counts of aggravated kidnapping for crimes perpetrated on two victims. Following a sentencing hearing, the trial court sentenced the Defendant to an effective sentence of fifty years. In this appeal as of right, the Defendant argues that (1) the trial court erred by failing to sever the offenses against one victim from those against the second victim; (2) the trial court erred by failing to admonish the jury not to view, listen to, or read any news coverage of the case during trial; (3) the trial court erred by failing to grant his two motions for a mistrial; (4) the evidence presented at trial was insufficient to support his convictions; (5) the trial court erred by allowing the State to introduce evidence of the age of one victim; (6) the trial court erred by allowing into evidence altered documents and by instructing the jury that the documents were altered to remove inadmissible evidence; (7) the trial court erred by allowing into evidence inadmissible hearsay statements; (8) the trial court erred by refusing to instruct the jury on lesser-included offenses requested by the defense; and (9) the trial court sentenced him improperly. Having thoroughly reviewed the record in this case, we affirm the judgment of the trial court, as modified to indicate that the Defendant was sentenced as a Range II Multiple Rapist for the rape conviction.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 10/18/00 | |
| State of Tennessee v. Toscar C. Carpenter, Sr.
M2000-00990-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 10/18/00 | |
| State vs. Nicholas Williams
M1999-00780-CCA-R3-CD
In 1998, the Giles County Grand Jury indicted the Defendant for one count of statutory rape and ten counts of sexual battery. In 1999, a Giles County jury tried the Defendant and found him guilty of one count of statutory rape and five counts of sexual battery. Following a hearing, the trial court sentenced the Defendant to two years incarceration for each conviction and ordered that five of the six sentences be served consecutively, resulting in an effective sentence of ten years. The Defendant now appeals as of right, arguing (1) that the evidence presented at trial was insufficient to support his convictions for sexual battery; (2) that the trial court erred by consolidating all counts for trial; and (3) that he was improperly sentenced. We conclude that the evidence is insufficient as to one count of sexual battery and thus reverse one of the Defendant's convictions for sexual battery. In addition, we conclude that the trial court erred by consolidating all counts for trial, but conclude that this error was harmless. Finally, following our reversal of the sexual battery conviction in case 8652, count one, with a two-year sentence, and a de novo review of the remaining sentences imposed by the trial court, we conclude that an effective sentence of eight years in the Tennessee Department of Corrections is appropriate.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Jim T. Hamilton |
Giles County | Court of Criminal Appeals | 10/18/00 | |
| State vs. Richard M. Far, Jr.
M1999-01998-CCA-R3-CD
Defendant, Richard M. Far, Jr., was convicted by a Rutherford County jury of Class D forgery of a document valued at more than $1,000. Subsequently, the trial court sentenced Defendant as a Range III persistent offender to ten (10) years to be served consecutively to Defendant's sentence in an arson case (F-45893). Defendant raises two issues on appeal: 1) whether the trial court erred in excluding Defendant from his trial and sentencing hearing and 2) whether the trial court properly considered the sentencing guidelines in sentencing Defendant. After a review of the record, we reverse the judgment of the trial court and remand this matter for a new trial.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 10/18/00 | |
| James Dubose vs. State
M2000-00478-CCA-R3-CD
The petitioner, James DuBose, was convicted by a jury in the Williamson County Circuit Court of one count of first degree felony murder with the underlying felony being aggravated child abuse. The trial court sentenced the petitioner to life imprisonment in the Tennessee Department of Correction. This court and the Tennessee Supreme Court affirmed the petitioner's conviction. The petitioner subsequently filed a petition for post-conviction relief. After a hearing, the post-conviction court denied the petitioner's request for relief. On appeal, the petitioner raises the following issues for our review: (1) whether the State engaged in prosecutorial misconduct during the course of the petitioner's trial; (2) whether petitioner's trial counsel provided ineffective assistance of counsel; (3) whether the trial court erred in failing to give curative jury instructions; and (4) whether the petitioner was charged pursuant to a faulty indictment. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 10/18/00 | |
| State vs. Gregory Lynn Redden
M2000-00761-CCA-R3-CD
The appellant, Gregory Lynn Redden, pled guilty in the Williamson County Circuit Court to one count of burglary, a class D felony. The trial court sentenced the appellant as a Range III persistent offender to eleven years incarceration in the Tennessee Department of Correction. The trial court further ordered the appellant to serve this sentence consecutively to the appellant's unserved sentences imposed in Greene County, Missouri, in the United States District Court in the Northern District of Ohio, and in Robertson County, Tennessee. The appellant raises the following issue for our review: whether the trial court erred in ordering the appellant to serve his sentence in this case consecutively to his other sentences. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 10/18/00 | |
| State vs. Robert Mallard
M2000-00351-CCA-R3-CD
In a two count indictment, Defendant was charged in Rutherford County Circuit Court with attempting to tamper with or fabricate evidence, and with resisting arrest. Following a jury trial, he was convicted of both offenses. In this appeal, the Defendant argues that the trial court erred by denying his motion to suppress evidence and he further asserts that the evidence is insufficient to sustain the conviction for attempting to tamper with or fabricate evidence. After a review of the record and the applicable law, we affirm the judgments of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:J. Steve Daniel |
Rutherford County | Court of Criminal Appeals | 10/18/00 | |
| State vs. Amelia Kay Stem
M2000-00600-CCA-R3-CD
The appellant, Amelia Kay Stem, entered a plea of nolo contendere in the Lawrence County Circuit Court to one count of second degree murder. The trial court sentenced the appellant to twenty-five years incarceration in the Tennessee Department of Correction. The appellant raises the following issue(s) for our review: whether the trial court erred in sentencing the appellant by incorrectly applying enhancement factors, by failing to apply mitigating factors, and by neglecting to make specific findings of fact on the record. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Stella L. Hargrove |
Lawrence County | Court of Criminal Appeals | 10/18/00 | |
| State vs. Ernest E. Pride
M2000-00319-CCA-R3-CD
The appellant, Ernest E. Pride, was convicted by a jury in the Davidson County Criminal Court of one count of tampering with evidence, a class C felony; one count of possession of less than .5 grams of cocaine with the intent to sell, a class C felony; one count of simple possession of marijuana, a class A misdemeanor; one count of criminal trespass, a class C misdemeanor; one count of resisting arrest, a class B misdemeanor; and one count of unlawful possession of drug paraphernalia, a class A misdemeanor. The trial court sentenced the appellant, as a Range II offender, to the following terms of incarceration in the Tennessee Department of Correction: eight years for the tampering with evidence conviction, eight years for the possession of cocaine with intent to sell conviction, eleven months and twenty-nine days for the possession of marijuana conviction, thirty days for the criminal trespass conviction, and six months for the resisting arrest conviction. Additionally, the trial court ordered the appellant to serve all of the sentences concurrently. The trial court entered a verdict of not guilty for the possession of drug paraphernalia. The appellant raises the following issues for our review: (1) whether the evidence contained in the record is sufficient to support a finding by a rational trier of fact that the appellant is guilty beyond a reasonable doubt of possession of less than .5 grams of cocaine with intent to sell and tampering with the evidence as charged in the indictment; and (2) whether the trial court imposed excessive sentences for the convictions of tampering with evidence and possession of less than .5 grams of cocaine with intent to sell. Based upon our review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 10/18/00 | |
| Joseph Whitwell vs. State
M1999-02493-CCA-R3-PC
Petitioner, Joseph Whitwell, filed a Petition for Post-Conviction Relief in the Davidson County Criminal Court, which the post-conviction court subsequently denied. Petitioner challenges the denial of his petition, raising the following issue: whether the trial court erred in dismissing his Petition for Post-Conviction Relief, based upon a ruling that Petitioner's allegations of ineffective assistance of counsel were without merit. After a thorough review of the record, we find that the Petitioner did not receive the ineffective assistance of counsel. We therefore affirm the trial court's denial of the Petitioner's Petition for Post-Conviction Relief.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 10/18/00 | |
| State vs. Charles Swaffer
M2000-00058-CCA-R3-CD
Defendant Charles E. Swaffer was convicted by a Macon County jury of one count of Class C theft of property over $10,000 and one count of Class D vandalism over $1,000. The trial court subsequently imposed concurrent sentences of five years and three years, with Defendant to serve one year of incarceration followed by supervised probation. Defendant challenges his convictions, raising the following issues: (1) whether the trial court erred when it failed to grant a motion for a mistrial; (2) whether the evidence was sufficient to support his convictions; and (3) whether the trial court erred in applying improper enhancing factors and rejecting his mitigating factors. The judgment of the trial court is affirmed.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:J. O. Bond |
Macon County | Court of Criminal Appeals | 10/18/00 | |
| State vs. Jeffrey Arch Carter
E2000-00738-CCA-R3-CD
The defendant, after pleading guilty to two counts of aggravated assault, DUI second offense, and violation of seat belt law, sought alternative sentencing. A sentencing hearing was held and the trial court denied the defendant any form of alternative sentence. The defendant now appeals that denial, asserting that the trial court erred in denying him an alternative sentence. After review, we affirm the trial court's denial of an alternative sentence.
Authoring Judge: Judge John Everett Williams
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Matau Goins
E2000-01159-CCA-R3-PC
The petitioner filed a petition for post-conviction relief alleging ineffective assistance of counsel. Specifically, the petitioner alleges that when his attorney informed him that a particular witness was going to testify against him he was scared into pleading guilty. We agree with the post-conviction court's findings that the plea was voluntarily, understandably, and intelligently made. We affirm the post-conviction court's dismissal of the petition.
Authoring Judge: Judge John Everett Williams
Originating Judge:James E. Beckner |
Hawkins County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Joseph Faulkner
W1999-00223-CCA-R3-PC
The appellant presents this appeal following dismissal of his petition for post-conviction relief. Faulkner entered guilty pleas to one count of aggravated rape and three counts of aggravated robbery in the Shelby County Criminal Court. Pursuant to his negotiated plea agreement, the appellant was sentenced to an effective sentence of twenty-five years. The plea agreement further provided that his state sentences were to be served concurrently with outstanding federal sentences and that all sentences would be served in federal custody. After pleading guilty to the state charges, the federal government refused to accept Faulkner into federal custody. Faulkner now asserts that his trial counsel was ineffective for providing erroneous advice and, as a result, his guilty pleas were not knowingly and voluntarily entered. Based upon the unfulfilled bargain of his negotiated plea agreement, he asks that his guilty pleas be set aside and that his case be remanded for trial or other appropriate relief. The State concedes that Faulkner is entitled to post-conviction relief. Finding Faulkner's request for post-conviction relief meritorious, we reverse the judgment of the post-conviction court and remand to the Shelby County Criminal Court for further proceedings.
Authoring Judge: Judge David G. Hayes
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 10/17/00 | |
| Phyllis McBride vs. State
M2000-00034-CCA-R3-PC
The Petitioner, Phyllis McBride, was convicted by a Rutherford County jury of first degree murder. On appeal, this Court affirmed the conviction. The Petitioner filed an application for permission to appeal to the Tennessee Supreme Court which was denied. The Petitioner then filed a petition for post-conviction relief. Following a hearing, the petition was dismissed. The Petitioner now appeals the trial court's denial of post-conviction relief. Finding no error, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Christopher Knighton
E2000-00746-CCA-R3-CD
The defendant was convicted by a jury of aggravated rape, aggravated burglary and theft. In his direct appeal, he presents six issues for review. Three of those issues concern the jury selection process, one issue is an evidentiary issue, and the other issues concern the sufficiency of the indictment and the sufficiency of the evidence. With respect to the jury selection process, we hold: the failure to raise the issue of a "Batson violation" during jury selection constitutes a waiver of that issue; the failure to swear the jury before voir dire is not reversible error unless it is shown that a juror did not truthfully answer the questions as the result of not being sworn; and the trial court did not abuse his discretion in refusing to dismiss two jurors for cause. Additionally, we hold that felony drug crimes are relevant to the issue of credibility under Tenn.R Evid. 609, and that under the facts of this case, the unfair prejudicial effect did not outweigh the probative value of the impeaching convictions. Finally, we hold that the indictment charging the defendant with aggravated rape was legally sufficient, and that the evidence was sufficient to support the verdict of the jury for that offense.
Authoring Judge: Judge William B. Acree
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Robby Cox
E1999-00159-CCA-R3-CD
The defendant pled guilty to facilitation of the sale of cocaine under Tennessee Code Annotated section 39-17-417. The defendant was sentenced to a six-year term at the Department of Correction, as a Range I offender, and fined $2000. The defendant requested alternative sentencing but, after a review of the defendant's background by the trial court, the request was denied. The defendant now appeals his sentence contending that the trial court erred by denying him alternative sentencing. After a thorough review of the record, we find that the trial court did not err in denying the defendant alternative sentencing. The defendant's sentence is affirmed.
Authoring Judge: Judge John Everett Williams
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Ezra Ervin & Andrew McKinney
E1999-00287-CCA-R3-CD
The defendants were found guilty of robbing a Krystal restaurant in Chattanooga. In this direct appeal, they allege four errors. They contend the evidence was insufficient to support their convictions; the trial court erred in allowing certain items of clothing found in one of the defendant's vehicle to be admitted into evidence because the clothing could not be positively identified as clothing worn by the people robbing the restaurant; the trial court erred in failing to suppress a statement made by one of the defendants at the time of his arrest because the defendant had not been given Miranda warnings; and the trial court erred in failing to declare a mistrial after the jury reported improper verdicts. We conclude there was no error made by the trial court, and the judgments below are affirmed.
Authoring Judge: Judge William B. Acree
Originating Judge:Rebecca J. Stern |
Hamilton County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Randy Lee Bowers
E2000-00585-CCA-R3-CD
After entering guilty pleas to possession of a Schedule VI controlled substance (marijuana); driving under the influence, third offense; and driving while his license was revoked, after a second or subsequent conviction for driving under the influence, the Criminal Court for Sullivan County conducted a sentencing hearing and then sentenced the defendant. The defendant contends that the trial court erred in ordering consecutive sentences and in failing to place him on probation after the service of the minimum sentence of one hundred-twenty days for DUI third offense. After careful review, we interpret the defendant's sentence to be three hundred-eighteen (318) days of full incarceration followed by four hundred fifty-five (455) days on supervised probation. Further, we affirm the denial of alternative sentencing.
Authoring Judge: Judge John Everett Williams
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 10/17/00 | |
| State of Tennessee v. Charles A. Reynolds
M2000-00087-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Buddy D. Perry |
Marion County | Court of Criminal Appeals | 10/17/00 | |
| State vs. John Lee Dockery
E2000-00753-CCA-R3-CD
The Defendant, John Lee Dockery, was convicted after a bench trial of fourth offense driving under the influence (DUI) and driving on a revoked license. In this appeal as of right, the Defendant argues that the trial court erred by admitting into evidence statements the Defendant made to the arresting officer before Miranda warnings were given and that the evidence was insufficient to support the DUI conviction. We conclude that the statements made by the Defendant were properly admitted and that the evidence was sufficient to support the convictions. The judgment of the trial court is affirmed.
Authoring Judge: Judge David H. Welles
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 10/17/00 | |
| Wardell Lewis vs. State
E2000-01735-CCA-R3-CD
The petitioner appeals the dismissal of his petition for post-conviction relief. The trial court dismissed the petition because it was not filed within one year of the date on which the judgments became final. We affirm the trial court.
Originating Judge:E. Shayne Sexton |
Campbell County | Court of Criminal Appeals | 10/17/00 |