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| State vs. Robert Eugene Finchum
E1999-00696-CCA-R3-CD
Defendant Robert Eugene Finchum, Jr., pled guilty to one count of simple possession of LSD, one count of simple possession of marijuana, one count of possession of untaxed whiskey, and one count of possession of drug paraphernalia. Pursuant to a negotiated plea agreement, Defendant received a total effective sentence of eleven months and twenty-nine days with 30% minimum service prior to eligibility for work release, furlough, trusty status, and rehabilitative programs. Following a hearing, the trial court denied Defendant's request for probation. Defendant contends that the trial court erred when it failed to impose an alternative sentence. The judgment of the trial court is affirmed.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:James E. Beckner |
Hawkins County | Court of Criminal Appeals | 07/14/00 | |
| Douglas Kirkham, Jr. vs. State
M2004-02635-CCA-R3-HC
The petitioner appeals the summary dismissal of his habeas corpus petition. Specifically, he alleges fatal deficiencies in the indictment; an involuntary, unintelligent, and unknowing guilty plea; an illegal and void sentence; and ineffective assistance of counsel. Upon review, we conclude that the petitioner has not presented any claims that justify habeas corpus relief. Therefore, we affirm the summary dismissal of the habeas corpus petition.
Authoring Judge: Judge John Everett Williams
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 07/13/00 | |
| State vs. Richard Korsakov
E1999-01530-CCA-R3-CD
The defendant, Richard Korsakov, appeals his conviction for driving under the influence of an intoxicant, third offense. He contends that (1) the breath test results were inadmissible because the officer administering the test failed to observe him for twenty minutes; (2) the photocopies of certification and maintenance records were inadmissible for lack of compliance with the rules of evidence; (3) he should have been allowed to cross-examine the officer on the Horizontal Gaze Nystagmus (HGN) test for the purpose of impeachment; (4) a sealed, miniature bottle of cognac was irrelevant and, therefore, inadmissible; (5) the trial court improperly commented upon the evidence by instructing the jury to disregard the address on an exhibit's tag; and (6) the cumulative effect of the errors at trial prejudiced him. Because we hold that the results of the breath test are inadmissible, we reverse the judgment of conviction and remand the case to the trial court for further proceedings consistent with this opinion.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 07/13/00 | |
| State vs. Frederick Cavitt
E1999-00304-CCA-R3-CD
While incarcerated in the Tennessee Department of Correction, the defendant was indicted for aggravated assault, pled guilty to the lesser included offense of simple assault, and received a sentence of eleven months and twenty-nine days. The defendant moved for pretrial jail credits, in the amount of three hundred and twenty-one days, calculated from the day the arrest warrant was served to the day the judgment was entered. We conclude that the defendant is not entitled to the claimed jail credits and therefore affirm the trial court's order dismissing the defendant's Motion to Modify Judgment to Reflect Jail Credits. We modify the sentence to indicate service in either the Carter County Jail or workhouse.
Authoring Judge: Judge John Everett Williams
Originating Judge:Robert E. Cupp |
Carter County | Court of Criminal Appeals | 07/13/00 | |
| State vs. Ira Ray Crouch
E1999-02320-CCA-R3-CD
Having pled guilty to two counts of statutory rape, the defendant now challenges his sentence. He argues that the trial court improperly denied his motion for judicial diversion. We affirm his sentence of five years on probation.
Authoring Judge: Judge John Everett Williams
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 07/13/00 | |
| State vs. Michael S. Reid
M1999-00305-CCA-R3-CD
The Williamson County grand jury indicted the appellant, Michael S. Reid, with one (1) count of driving under the influence, third offense, one (1) count of driving on a revoked license and one (1) count of criminal impersonation. The appellant pled guilty to driving on a revoked license and criminal impersonation and, after a jury trial, was found guilty of driving under the influence, third offense. The trial court sentenced the appellant to concurrent terms of eleven (11) months and twenty-nine (29) days, suspended after service of 180 days, for driving under the influence, third offense and six (6) months, suspended after service of ten (10) days, for driving on a revoked license. In addition, the appellant received a consecutive sentence of six (6) months, suspended after service of five (5) days, for criminal impersonation. On appeal, the appellant argues that the trial court erred in (1) admitting hearsay evidence over his objection by allowing a Williamson County Sheriff's Deputy to testify as to the contents of a dispatch he received prior to stopping the appellant; and (2) allowing the state to introduce evidence concerning a prior stop of the appellant for which he was not charged. We hold that the officer's testimony concerning the dispatch was nonhearsay and relevant and, as a result, properly admissible. Additionally, we conclude that the appellant has waived the issue regarding the prior stop as a result of his failure to object to this evidence at trial and his failure to include this issue in the motion for new trial. Therefore, we affirm the judgment of the trial court.
Authoring Judge: Judge Jerry Smith
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 07/12/00 | |
| State vs. Joyce Newman
M1999-00161-CCA-R3-CD
The defendant pled guilty in Sequatchie County to two counts of selling a Schedule II substance and was sentenced to confinement for four years and six months. After serving six months, she was placed in community corrections. Subsequently, an affidavit was filed by her probation officer, alleging that she had violated her Community Services Behavioral Contract in several ways, including "breaking house arrest." Following a hearing, the trial court agreed that the defendant had violated the house arrest provision of the contract and ordered that she serve the remainder of her sentence with the Department of Correction. The defendant timely appealed, alleging that the trial court improperly considered certain evidence and that, if she was reconfined, she should have served her sentence at the local jail, rather than with the Department of Correction. Based upon our review, we reverse the order of the trial court and remand for a new revocation hearing.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Thomas W. Graham |
Sequatchie County | Court of Criminal Appeals | 07/12/00 | |
| State vs. Seria D. Ward
M1998-00128-CCA-R3-CD
The defendant was convicted in Davidson County of especially aggravated robbery and sentenced to confinement for seventeen years. He appealed the conviction, alleging that the evidence was insufficient to convict him of the offense, that his videotaped confession should have been excluded, and that his trial counsel was ineffective. Based upon our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 07/12/00 | |
| State of Tennessee v. Joseph S. Burris, Jr.
01C01-9907-CC-00247
Originating Judge:J. Steve Daniel |
Rutherford County | Court of Criminal Appeals | 07/12/00 | |
| State vs. Ronald Wayne Ashby
M1999-01247-CCA-R3-CD
The defendant appeals his aggravated burglary conviction. He asserts that insufficient evidence supported the jury verdict, that the trial court improperly admitted evidence of another crime, and that his sentence is excessive. We conclude that sufficient evidence supported the verdict and that the "other crime" evidence was properly admitted. We affirm the sentence.
Authoring Judge: Judge John Everett Williams
Originating Judge:William Charles Lee |
Lincoln County | Court of Criminal Appeals | 07/12/00 | |
| State vs. Michael Sample & Larry McKay
W1999-01202-CCA-R3-PC
The Defendants were each convicted in 1982 of two counts of felony murder. Each Defendant received two death penalties for the murders. On post-conviction, the Defendants contend that the State withheld exculpatory information and that their death penalties were predicated in part on an invalid aggravating circumstance. The trial court dismissed the petitions without a hearing, finding that the Brady claims were time-barred and finding beyond a reasonable doubt that the jury would have imposed the death sentences absent consideration of the invalid aggravating circumstance. The Defendants now appeal the trial court's findings on both claims for relief. We affirm the trial court's judgment.
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 07/11/00 | |
| State vs. Michael W. Smith
W1999-01817-CCA-R3-PC
The petitioner pled guilty in Shelby County Criminal Court to two counts of rape, two counts of aggravated burglary, and five misdemeanor counts. He was sentenced, pursuant to a negotiated plea agreement, to ten years for each of the rape counts; six years for each of the aggravated burglary counts; and eleven months and twenty-nine days for each of the misdemeanor counts, with all sentences to be served concurrently for an effective sentence of ten years. The sequence of the charges was that the petitioner was arrested and charged with a rape, an aggravated burglary, and all of the misdemeanor counts, released on bail, and later arrested for the second rape and aggravated burglary, both of which occurred while he was on bail for the first set of charges. In this petition for post-conviction relief, the petitioner sought to have his guilty pleas set aside on the grounds that his pleas were not voluntarily and knowingly made and he received ineffective assistance of counsel. It is unnecessary to address those issues because it appears from the record that the negotiated plea agreement was in violation of Tennessee Code Annotated Section 40-20-111(b), requiring that a sentence for a felony committed while on bail be served consecutively to the sentence for the initial felony charge. Because we do not know whether the petitioner would have entered his pleas of guilty had he known of the requirement regarding consecutive sentencing, on remand the petitioner must be allowed to withdraw his pleas of guilty as to both of the rape and both of the aggravated burglary charges.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 07/11/00 | |
| State vs. Gene Logue
W1999-01795-CCA-R3-CD
Defendant was convicted of theft of property over $500.00, and sentenced to two (2) years as a Range I standard offender. Defendant now appeals as of right, and raises the following issues: the evidence is insufficient to sustain his conviction, the court erred in failing to grant his motion for judgment of acquittal because the state failed to prove the value of the property stolen and the venue of the crime in Benton County, and the court erred in sentencing defendant to serve two (2) years and failing to consider alternative sentencing. We affirm the decision of the trial court.
Authoring Judge: Judge Cornelia A. Clark
Originating Judge:Julian P. Guinn |
Benton County | Court of Criminal Appeals | 07/11/00 | |
| State of Tennessee v. Daronopolis R. Sweatt
M1999-2522-CCA-R3-CD
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Criminal Appeals | 07/11/00 | |
| State vs. Sammy Bonds
W2001-02859-CCA-R3-PC
Petitioner, Sammy S. Bonds, appeals the trial court's denial of his petition for post-conviction relief. Petitioner's pro se petition alleges that he received ineffective assistance of counsel. We reject Petitioner's argument and affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 07/11/00 | |
| Charles Montague vs. State
E2000-00083-CCA-R3-PC
Charles Montague appeals the Washington County Criminal Court's summary dismissal of his pro se post-conviction petition challenging his conviction for first degree murder. The appellant's original and supplemental petitions with attached affidavit present a myriad of claims within the trial process. The post-conviction court dismissed all claims without a hearing, finding the original and supplemental petitions were not properly verified and that the petitions failed to assert a sufficient factual basis for relief. After review of the petition, we affirm the post-conviction court's dismissal of certain claims and vacate its dismissal as to others. The case is remanded to the post-conviction court for further review of the surviving claims.
Authoring Judge: Judge David G. Hayes
Originating Judge:Lynn W. Brown |
Washington County | Court of Criminal Appeals | 07/11/00 | |
| State vs. Freddie Norment
W1999-01928-CCA-R3-CD
The defendant was convicted of aggravated assault for wounding a jail cell mate with a homemade knife. On appeal, the defendant raises the following issues: whether the jury's verdict was supported by the evidence; whether the trial court erred in denying the defendant's motion to examine a potential witness outside the jury's presence; and whether the trial court erred in failing to issue curative jury instructions after the allegedly improper testimony of a prosecution witness. Based upon our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Jon Kerry Blackwood |
Fayette County | Court of Criminal Appeals | 07/11/00 | |
| State vs. Reginald Merriweather
W1999-02050-CCA-R3-CD
The defendant appeals his jury convictions of attempted second degree murder, aggravated assault, and especially aggravated robbery. He raises the following issues: (1) whether the trial judge erred in denying defendant's request for a mistrial based on a juror's response during voir dire; (2) whether the trial court erred in directing a witness to answer questions on cross-examination; (3) whether the evidence was sufficient to support his convictions; and (4) whether the trial court erred in failing to instruct the jury as to certain lesser-included offenses. The judgment of the trial court is affirmed in part and reversed in part.
Authoring Judge: Judge Cornelia A. Clark
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 07/11/00 | |
| State of Tennessee v. Shunna Demetria Hilliard
W1999-00483-CCA-R3-CD
Authoring Judge: Judge Cornelia A. Clark
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 07/11/00 | |
| State vs. Deshawn McClenton
W1999-00879-CCA-R3-CD
The Defendant, DeShawn McClenton, was convicted by a Shelby County jury of the offenses of aggravated robbery and especially aggravated kidnapping. The trial court sentenced the Defendant as a career offender to thirty years imprisonment for the aggravated robbery conviction and to sixty years imprisonment for the especially aggravated kidnapping conviction, with the sentences to be served consecutively. In this appeal as of right, the Defendant argues (1) that the evidence regarding his identity as the perpetrator was insufficient to support the convictions, (2) that the trial court erred in ruling that his prior aggravated robbery conviction and his three prior attempted second degree murder convictions were admissible to impeach his credibility if he chose to testify, and (3) that the movement and confinement of the victim were essentially incidental to the accomplishment of the aggravated robbery and were therefore insufficient to support a separate conviction for kidnapping. We find no error and affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 07/11/00 | |
| State of Tennessee v. Michael Eisom
W1999-00739-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 07/11/00 | |
| Deshawn Mcclenton v. State of Tennessee
W2002-02745-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 07/11/00 | |
| State vs. Jerry Rodgers
W1999-01443-CCA-R3-CD
The defendant was convicted of reckless homicide and sentenced to eight years as a Range II, multiple offender. On appeal, the defendant raises the issue of whether the trial court erred in relying on New York convictions as prior felonies in order to sentence him as a multiple offender. After review, we conclude that the record does not support the trial court's finding that the New York convictions qualified as prior felonies for sentencing purposes. Accordingly, we reverse, and remand the case to the trial court for resentencing.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 07/11/00 | |
| State vs. Manolito Jemison
M1999-00752-CCA-R3-CD
The defendant was found guilty by a Davidson County jury of the lesser offense of voluntary manslaughter on one count of first degree premeditated murder and the lesser offense of reckless homicide on one count of felony murder. The counts were merged into one conviction for voluntary manslaughter, and the defendant was sentenced as a Range I, standard offender to six years in confinement. In this appeal as of right, the defendant challenges the sufficiency of the evidence to support a conviction for voluntary manslaughter and the length of his sentence, arguing that the trial court erroneously applied one enhancement factor and failed to apply two mitigating factors. Based upon our review, we agree that an enhancement factor was improperly applied. However, since two other enhancement factors were properly applied, and the evidence was sufficient to support the conviction, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 07/11/00 | |
| State vs. Michael Christopher Adams and Jerry Holt
E1999-00446-CCA-R3-CD
The defendants, Michael Christopher Adams and Jerry Holt, Jr., appeal their convictions by a Sullivan County jury. Adams was convicted of second degree murder and four counts of aggravated assault. He received a total sentence of forty-nine years. Holt was convicted of four counts of aggravated assault and received a total sentence of twenty years. Both defendants challenge the sufficiency of the evidence and the trial court's imposition of consecutive sentencing. Adams also challenges the trial court's application of enhancement factors and failure to apply mitigating factors. We hold that the evidence is sufficient, but we hold that the trial court erred in sentencing. Adams's sentence is modified to reflect a total sentence of forty years, and Holt's sentence is modified to reflect a total sentence of twelve years.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Richard R. Vance |
Sullivan County | Court of Criminal Appeals | 07/11/00 |