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| State vs. Jerry Elliott
W1999-00361-CCA-R3-CD
The Defendant, Jerry Wayne Elliott, pled guilty to three counts of aggravated assault, reserving his right to appeal a certified question of law, pursuant to Tenn. R. Crim. P. 37(b)(2)(i). Defendant had filed a Motion to Suppress evidence obtained from an allegedly unconstitutional search and seizure of Defendant, which the trial court denied following an evidentiary hearing. The denial of this Motion to Suppress is the basis of the certified question of law. After review of the record and the briefs we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:John Franklin Murchison |
Henderson County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Myra L. Smith
E1999-02196-CCA-R3-CD
Myra L. Smith appeals the sentencing decision of the Knox County Criminal Court revoking her non-incarcerative sentence and ordering service of the sentence in the TDOC. In September 1998, Smith pled guilty to the class C felony of facilitating aggravated robbery and was placed under the supervision of the Knox County Community Alternative to Prison Program (CAPP). Four months later, a violation warrant issued. On appeal, Smith argues that the trial court acted arbitrarily in revoking her suspended sentence by failing to consider her extreme drug addiction, her history of mental illness, and her lack of intent to violate the conditions of probation. Finding that the trial court did not abuse its discretion, we affirm.
Authoring Judge: Judge David G. Hayes
Originating Judge:Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 09/12/00 | |
| State vs. John Hampton
W1999-00983-CCA-R3-CD
The defendant, John Lee Hampton, who was charged with two counts of rape, was convicted of two counts of statutory rape. The trial court imposed two concurrent one-year sentences, with all but sixty days suspended. In this appeal as of right, the defendant asserts that the evidence was insufficient. He also argues that the trial court erred by admitting certain photographs into evidence, by rehabilitating a juror, by denying his motion in limine to exclude evidence of uncharged sexual offenses involving the victim, by permitting the victim to testify in rebuttal regarding an uncharged sexual offense, and by refusing to suspend his entire sentence. We affirm the judgment of the trial court.
Authoring Judge: Judge Gary R Wade
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Jackie Gooch
W2000-00032-CCA-R3-PC
The appellant, Jackie L. Gooch, appeals from the trial court's denial of his petition for post-conviction relief. Pursuant to a plea agreement, the appellant entered a "best interest" plea to the charge of voluntary manslaughter. On appeal, the appellant contends: (1) that his guilty plea was coerced and, thus, involuntarily entered; and (2) that trial counsel was ineffective. After review, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge David G. Hayes
Originating Judge:R. Lee Moore Jr. |
Lake County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Gilford Williams
W1999-01556-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Johnny Jones
W2000-01241-CCA-R3-PC
This appeal follows dismissal of the Appellant's petition for post-conviction relief. The Appellant, Jones, was convicted by a Fayette County jury of possession of cocaine (over 26 grams) with intent to sell and possession of marijuana. On direct appeal, his convictions and sentences were affirmed. The Appellant filed this post-conviction petition asserting the following errors: (1) the trial court erred in not granting the Appellant's motion to sever; (2) the trial court erred in sentencing the Appellant; and (3) deficient representation by defense counsel including failing to timely file a Rule 11 application to the supreme court from this court's decision. We find that Appellant's defense counsel was ineffective with respect to his failure to timely file a Rule 11 application. Accordingly, the Appellant is granted the right to seek a delayed appeal to the Tennessee Supreme Court. Denial of post-conviction relief is affirmed as to the remaining issues.
Authoring Judge: Judge David G. Hayes
Originating Judge:Jon Kerry Blackwood |
Fayette County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Ronald Ballard
W2000-00033-CCA-R3-CD
The appellant, Ballard, was found guilty by a jury of facilitating first degree murder. Following a sentencing hearing, the trial court imposed a sentence of twenty-five years, the maximum sentence permitted for a class A felony. Ballard now appeals the sentencing decision of the lower court, arguing that the court erred in its application of two enhancing factors and failed to apply a mitigating factor. Finding the record incomplete for review of these issues, the trial court's sentencing determination is afforded the presumption of correctness and the sentence is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:Roy Morgan |
Henderson County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Gilford Williams
W1999-01556-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Billy Thompson
W1999-01001-CCA-R3-CD
In 1995, Billy Thompson, a Mississippi resident, was convicted in Shelby County of driving under the influence, resulting in suspension of his driving privileges in this state for one year. Fifteen months later, Thompson was again charged and convicted of driving under the influence, sixth offense, reckless driving and driving while revoked, being the instant offenses before this court. On the date of the latter offenses, Thompson possessed a valid Mississippi driver's license, however, he had not complied with the statutory requirements for reinstatement of his driving privileges in this state. Thompson appeals his convictions contending the trial court erred (1) by failing to sever the charge of driving while license revoked from the remaining counts and (2) by failing to grant his motion for judgment of acquittal as to the charge of driving while license revoked. We conclude that all charges were properly joined pursuant to Tenn. R. Crim. P. 8(a). Moreover, we hold that a nonresident motorist, although possessing a valid out-of-state license, may not operate a motor vehicle in this state following this state's revocation of his driving privileges until the motorist complies with Tennessee's reinstatement procedures. Because we find the proof sufficient to support the challenged conviction, the judgment of the trial court is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Joe C. Anderson a/k/a Uncle Tom
E1999-02485-CCA-R3-CD
Raising issues of sufficiency of the evidence and improper sentencing, Joe C. Anderson appeals from his conviction of second degree murder in the Loudon County Criminal Court. Because we discern no error requiring reversal, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:E. Eugene Eblen |
Loudon County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Emit Keith Cody
E2000-02188-CCA-RM-CD
The Defendant, Emit Keith Cody, was convicted of first degree murder and sentenced to life imprisonment. He appealed, and we reversed his conviction and remanded the case for a new trial based on our conclusion that the trial court's failure to give a limiting instruction to the jury on the use of the State's main witness's prior inconsistent statement constituted plain error. See State v. Emit Keith Cody, No. E1999-00068-CCA-R3CD, 2000 WL 190227 (Tenn. Crim. App., Knoxville, Feb. 16, 2000). The State applied for permission to appeal to the supreme court, which granted permission for the purpose of remanding the case to this Court for reconsideration in light of the supreme court's recent decision in State v. Smith, 24 S.W.3d 274 (Tenn. 2000). After revisiting this issue, we remain of the opinion that the trial court committed plain error by failing to give a limiting instruction. Accordingly, the Defendant's conviction is reversed, and the case is remanded for a new trial.
Authoring Judge: Judge David H. Welles
Originating Judge:Ben W. Hooper, II |
Cocke County | Court of Criminal Appeals | 09/11/00 | |
| State vs. Sandra Cooper
W2002-01036-CCA-R3-CD
Defendant, Sandra Hoyle Cooper, appeals the trial court's revocation of her community corrections sentence. Defendant received two community corrections sentences of eleven months and twenty-nine days each following two separate convictions for theft and for filing a false police report. While serving her community corrections sentences, Defendant was arrested for aggravated robbery. Following a revocation hearing, the trial court revoked her community corrections sentences and ordered the imposition of her original sentences. Defendant argues that the trial court improperly based its revocation on circumstantial evidence that she committed the offense for which she was arrested. After a careful review of the record, we 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 | 09/11/00 | |
| Eddie Copeland vs. James A. Bowlen, Warden
E1999-01753-CCA-R3-CD
The trial court dismissed the petitioner's pro se petition for habeas corpus relief. The petitioner alleges that various credits should reduce his sentence. The trial court determined that it lacked jurisdiction to address this issue or, in the alternative, that the sentence had not expired. We affirm the dismissal of the petition.
Originating Judge:Buddy D. Perry |
Bledsoe County | Court of Criminal Appeals | 09/11/00 | |
| State vs. Rosalind Marie Johnson & Donna Yvette McCoy
E1999-02468-CCA-R3-CD
Defendant, Rosalind Marie Johnson, appeals her convictions for facilitation of first degree felony murder and aggravated burglary, for which she received concurrent sentences of 15 years and 3 years, respectively. Defendant, Donna Yvette McCoy, appeals her convictions for first degree felony murder and aggravated burglary, for which she received concurrent sentences of life with the possibility of parole and 3 years, respectively. Both defendants raise the issue of sufficiency of the evidence to support their convictions. Defendant Johnson raises the following additional issues in her appeal: 1) whether the trial court erred in failing to sever the defendants' trials; 2) whether the trial court erred in failing to remove a juror for cause; and 3) whether the trial court erred in failing to suppress statements made by Johnson. We conclude that the issues raised by both defendants in this appeal are without merit. The judgments of the trial court are affirmed.
Authoring Judge: Judge Joe G. Riley
|
Hamilton County | Court of Criminal Appeals | 09/11/00 | |
| State of Tennessee v. Stejana Holder
M1999-02470-CCA-R3-CD
The appellant, Stejana S. Holder, was convicted of one count of aggravated assault, one count of resisting arrest, and one count of disorderly conduct. The Davidson County Criminal Court imposed an effective sentence of three years to serve sixty days in the workhouse followed by two years probation. On appeal, the appellant alleges that the trial court erred by denying total probation. Upon review, we find no error and affirm the sentence of the Davidson County Criminal Court.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 09/08/00 | |
| State of Tennessee v. Shawn Dontay Beard
M1997-00114-CCA-R3-CD
The Defendant, Shawn Dontay Beard, appeals as of right following his conviction in the Warren County Circuit Court. Defendant was convicted by a jury for sale of a Schedule II controlled substance, cocaine, in an amount of less than point five (0.5) grams within one thousand feet of school grounds. Defendant argues there was insufficient evidence regarding his identity to support his conviction. He further challenges the length of his sentence on the grounds that the State raised the felony classification of his offense pursuant to the Drug-Free School Zone Act but failed to provide the Defendant with notice of enhancement. The judgment of the trial court is affirmed.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Charles D. Haston, Sr. |
Warren County | Court of Criminal Appeals | 09/08/00 | |
| State of Tennessee vs. Thomas Wayne Overbay
E1999-00840-CCA-R3-CD
Defendant was convicted by a jury of four counts of aggravated sexual battery and ten counts of rape of a child. In this direct appeal Defendant alleges he did not receive a fair trial because (1) the bill of particulars did not sufficiently inform Defendant of the charges, and (2) the prosecution violated Brady vs. Maryland when it failed to turn-over potentially exculpatory evidence to Defendant pre-trial. Held: the bill of particulars adequately appraised Defendant of the crimes with which he was charged. Although the prosecution violated Brady when it failed to turn over potentially exculpatory evidence to Defendant pre-trial, the error was harmless. Judgment of the trial court affirmed.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/05/00 | |
| State vs. Theron L. Boyd
M1999-01125-CCA-R3-CD
The Defendant, Theron L. Boyd, appeals as of right from an "Agreed Final Judgment Granting Delayed Appeal" entered by the trial court upon the trial court's finding that the Defendant was entitled to post-conviction relief. The "Agreed Final Judgment Granting Delayed Appeal" purports to modify the original judgment of conviction by explicitly reserving certified questions of law which would be dispositive of the case and then to grant a delayed appeal of those issues. The Defendant argues that his convictions pursuant to his guilty pleas should be reversed because the trial court erred in denying his motion to suppress evidence found as a result of illegal searches by police. The State, however, argues that we lack jurisdiction to address the merits of the Defendant's contentions because the trial court did not have jurisdiction to amend the final judgment which did not reflect the reservation of certified questions of law pursuant to Tennessee Rule of Criminal Procedure 37(b). We conclude that this appeal is not properly before us. Accordingly, we must dismiss this appeal and remand to the trial court for further proceedings consistent with this opinion.
Authoring Judge: Judge David H. Welles
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 08/31/00 | |
| Daniel Benson Taylor v. Jack Morgan, Warden
M1999-01416-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Originating Judge:Donald P. Harris |
Hickman County | Court of Criminal Appeals | 08/31/00 | |
| State vs. Delwin Keith O'Neal
M2000-00650-CCA-R3-CD
In 1997, the defendant pled guilty in Marshall County to aggravated assault. Pursuant to a negotiated plea agreement, he was sentenced as a Range II, multiple offender and received a six-year sentence, consecutive to a prior Montgomery County sentence. The defendant now claims his sentence does not comport with the plea agreement and asks this court to modify the sentence. Upon our review of the record, we conclude the defendant did not timely challenge his sentence and deny relief.
Authoring Judge: Judge Joe G. Riley
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 08/31/00 | |
| Gerome Smith vs. State
M1999-02511-CCA-R3-PC
The petitioner, Gerome Smith, appeals the trial court's disposition of his petition for post-conviction relief. While granting the petitioner 60 days within which to file an application for permission to appeal to our supreme court this court's affirmance of the original conviction and sentence, the trial court otherwise denied post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel at trial and on appeal. Because the petitioner has been unable to meet his burden of proof, the judgment of the trial court is affirmed.
Authoring Judge: Judge Gary R Wade
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 08/31/00 | |
| State of Tennessee v. Gdongalay Parlo Berry
M1999-01901-CCA-MR3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 08/31/00 | |
| State of Tennessee v. Michael Byrd
M1999-00456-CCA-R3-CD-
Originating Judge:Jim T. Hamilton |
Giles County | Court of Criminal Appeals | 08/31/00 | |
| State vs. Joe Hurt
W2001-02742-CCA-R3-CD
The defendant contends the trial court should have sentenced him to a Community Corrections Program. We conclude ample evidence exists to support the trial court's findings that incarceration is necessary to protect society from the defendant. The defendant has a long history of criminal conduct. We affirm the judgments from the trial court.
Authoring Judge: Judge John Everett Williams
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 08/31/00 | |
| State of Tennessee v. Thomas Anderson, Jr.
II-398-102-B
Originating Judge:Cornelia A. Clark |
Williamson County | Court of Criminal Appeals | 08/31/00 |