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| State vs. Tony Mabry
W1999-01438-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 06/28/00 | |
| State of Tennessee v. William T. Emerson
E1999-02314-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 06/28/00 | |
| Michael Todd Drinnon v. State of Tennessee
E1999-2001-CCA-R3-PC
Originating Judge:James Edward Beckner |
Hamblen County | Court of Criminal Appeals | 06/28/00 | |
| David Bailey vs. State
E1999-01320-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Originating Judge:Rex Henry Ogle |
Sevier County | Court of Criminal Appeals | 06/28/00 | |
| State s. Nathaniel Allen
E1999-02209-CCA-R3-CD
The appellant, Nathaniel Allen, was convicted by a jury in the Hamblen County Circuit Court of one count of delivery of more than .5 grams of cocaine, a class B felony. The trial court sentenced the appellant to twelve years incarceration in the Tennessee Department of Correction, as a Range I offender, with thirty percent release eligibility and assessed a fine of $ 7,500. The appellant presents the following issues for our review: (1) whether the evidence in this case is sufficient to sustain a verdict of guilt beyond a reasonable doubt; (2) whether the testimony, under oath, of Tonya Acuff was so contradictory as to have been subject to cancellation; (3) whether the court's decision to send items to the jury room in this case was improper to the extent that it included typed transcripts of tapes not offered as evidence; (4) whether it was improper for the court to align one of the tapes introduced into evidence by the State in this case to a particular phrase so that the jury heard that phrase immediately upon turning on the tape recorder; (5) whether sentencing in this case was excessive and whether the court properly applied statutory guidelines in delivering a sentence in this case; (6) whether if, in fact, the trial court had no alternative but to give a twelve-year sentence in this case according to the Tennessee sentencing guidelines, then are those guidelines constitutional both in terms of the United States and Tennessee constitutions. Upon review of the record and the parties' briefs, we affirm the appellant's convictions, but modify his sentence to ten years.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:James Edward Beckner |
Hamblen County | Court of Criminal Appeals | 06/28/00 | |
| State vs. Clyde Hambrick Jr.
E1998-00893-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:Arden L. Hill |
Unicoi County | Court of Criminal Appeals | 06/27/00 | |
| State of Tennessee v. Maurice Pruitt
W2002-01905-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Donald H. Allen |
Gibson County | Court of Criminal Appeals | 06/27/00 | |
| State vs. Robert Gamble
W1999-01016-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 06/27/00 | |
| State vs. Charles Bryan
W1999-00620-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:W. Otis Higgs, Jr. |
Shelby County | Court of Criminal Appeals | 06/27/00 | |
| State vs. William Johnson
W1999-00929-CCA-R3-CD
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 06/27/00 | |
| State vs. Matthew Douglas Cox
E1999-00351-CCA-R3-CD
The appellant, Matthew Douglas Cox, appeals his convictions by a jury in the Knox County Criminal Court of two counts of aggravated rape and one count of incest. The trial court imposed concurrent sentences of twenty years incarceration in the Tennessee Department of Correction for the aggravated rape convictions and three years incarceration for the incest conviction. On appeal, the appellant presents the following issues for our review: (1) whether the evidence adduced at trial supports his convictions of aggravated rape and incest; (2) whether the trial court erroneously admitted into evidence a tape recording of the victim's 911 telephone call; (3) whether the trial court erred in effectively limiting defense counsel's cross-examination of the State's expert witness concerning the results of a DNA analysis of semen samples obtained from the victim; (4) whether the trial court erred in admitting into evidence testimony concerning the circumstances of the appellant's arrest; (5) whether the State committed prosecutorial misconduct during closing argument; and (6) whether the cumulative effect of these errors requires the reversal of the appellant's convictions. Following a review of the record and the parties' briefs, we affirm in part and reverse in part the judgments of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 06/27/00 | |
| State of Tennessee v. Reginald Garner Brown
M1999-00002-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 06/23/00 | |
| State vs. William Ricky Wayne Herrell
M1999-02475-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Criminal Appeals | 06/23/00 | |
| State vs. Helen Dixon Devers
M1999-00427-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Stella L. Hargrove |
Wayne County | Court of Criminal Appeals | 06/23/00 | |
| State vs. Ricco Donnell Summers
M1999-00289-CCA-R3-CD
Originating Judge:James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 06/23/00 | |
| State vs. Delbert Harris
M1999-01239-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Robert E. Burch |
Dickson County | Court of Criminal Appeals | 06/23/00 | |
| State of Tennessee v. Charles E. Kilpatrick, Jr.
M1999-01121-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:Leon C. Burns, Jr. |
Overton County | Court of Criminal Appeals | 06/23/00 | |
| State vs. Terry M. Watson
M1999-00264-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Criminal Appeals | 06/23/00 | |
| State vs. Darren Matthew Lee
M1999-01625-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 06/23/00 | |
| State vs. Glenda Dotson
E1999-02330-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Lynn W. Brown |
Sullivan County | Court of Criminal Appeals | 06/21/00 | |
| State vs. John Roy Polly
M1999-00278-CCA-R3-CD
In this direct appeal, the defendant argues that he was incorrectly sentenced as a "persistent offender." We agree that the twenty-four hour merger rule bars use of one of his previous convictions and therefore reverse and remand for resentencing as a "multiple offender" within Range II.
Authoring Judge: Judge John Everett Williams
Originating Judge:William Charles Lee |
Marshall County | Court of Criminal Appeals | 06/21/00 | |
| Mark E. Oliver vs. State
M1999-02323-CCA-R3-PC
The petitioner, Mark E. Oliver, appeals as of right from the dismissal of his petition for writ of habeas corpus. He contends that his original sentence of sixty years as a Range II offender for the offense of second degree murder is an illegal sentence because the trial court was without jurisdiction to sentence him under the Criminal Sentencing Reform Act of 1982. We hold that the trial court lacked jurisdiction to sentence the petitioner under the 1982 Act; therefore, the sentence imposed is an illegal sentence. We remand this case to the trial court for further proceedings consistent with this opinion.
Authoring Judge: Judge John Everett Williams
Originating Judge:Timothy L. Easter |
Hickman County | Court of Criminal Appeals | 06/21/00 | |
| State vs. Toronda Sherelle Williams
M2000-00212-CCA-R3-CD
Following a grand jury indictment, Toranda Williams, the defendant and appellant, was tried and convicted of first-degree murder in the Davidson County Criminal Court. On appeal, she argues (1) that the trial court erroneously admitted testimony about the results of a polygraph examination; (2) that the court erroneously admitted hearsay testimony; and (3) that the cumulative effect of these errors was substantial enough to require reversal. Because we find the trial court's error in admitting the polygraph test results was harmless, and because the issue regarding hearsay testimony has been waived for failure to include it in the motion for a new trial, we affirm the judgment of the trial court.
Authoring Judge: Judge Jerry Smith
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 06/21/00 | |
| Claude Garrett vs. State
M1999-00786-CCA-R3-PC
The defendant, after being convicted of first degree murder and sentenced to life imprisonment, was denied post-conviction relief by the Criminal Court of Davidson County. Defendant now appeals that denial and asserts that (1) the State withheld exculpatory evidence in violation of Brady v. Maryland, thereby undermining the confidence of the outcome of the trial; (2) the trial court erred by unconstitutionally instructing the jury; (3) the defendant was not afforded effective assistance of counsel; and (4) juror misconduct and bias violated the defendant's constitutional rights. The issue of juror misconduct was addressed by this court on direct appeal and, therefore, is not properly before this court. After review, we affirm the trial court's finding that the defendant received effective assistance of counsel; however, we reverse and remand the case for a new trial because the prosecution withheld exculpatory evidence in violation of Brady v. Maryland, thereby undermining the confidence in the outcome of the trial.
Authoring Judge: Judge John Everett Williams
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 06/21/00 | |
| State vs. Dennis Daughtry
W1999-00792-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 06/21/00 |