State of Tennessee v. Otis J. Wickfall
02C01-9711-CR-00442
The Defendant, Otis J. Wickfall, ap peals as of right his conviction for first degree murder in the Shelby County Crimina l Court. Defendant was sentenced to life imprisonment. In this appeal, Defendant raises the following issues: I. Whether the trial court erred in denying Defendant’s Motion for Judgment of Acquittal based on the evidence presented by the State; II. Whether the trial court erred in allowing the introduction of the victim’s blood-staine d shirt to show the trajectory and angle of the bullet; III. Whether the trial court erred in allowing the introduction of a photograph of a recording label depicting the slang term for murder; IV. Whether the trial court erred in taking judicial notice of California Penal Code section 187 defining murder; and V. Whether the trial court erred in its jury ins tructions. After a careful review of the reco rd, we affirm the judgm ent of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge W. Fred Axley |
Shelby County | Court of Criminal Appeals | 06/03/99 | |
State of Tennessee vs. John C. Cone
01C01-9805-CR-00227
The defendant was charged with vandalism, three counts of aggravated assault, and two counts of assault. Pursuant to a plea agreement, he pled guilty to vandalism and two counts of aggravated assault, receiving a sentence of one year on the vandalism count and four years on each aggravated assault count, to be served concurrently. Following a sentencing hearing to determine the manner of service, the trial court denied probation. The defendant now appeals, arguing that the trial court erred in denying probation because it perceived inconsistencies in the defendant’s statements and did not allow the defendant to clarify the evidence through his statutory right of allocution prior to sentencing. Finding no error, we affirm.
Authoring Judge: Judge John H. Peay
Originating Judge:Judge Seth Norman |
Davidson County | Court of Criminal Appeals | 06/03/99 | |
State of Tennessee v. James Clay Romines
03C01-9804-CC-00140
The defendant, James Clay Romines, appeals as of right from a ruling of the Blount County Criminal Court revoking his probation. The defendant presents one issue for appellate review: whether the trial court erred by ordering the defendant to serve eleven days in jail as punishment for a second violation of probation. After a review of the record, briefs of the parties, and appropriate law, the trial court’s judgment is affirmed.
Authoring Judge: Senior Judge L.T. Lafferty
Originating Judge:Judge D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 06/02/99 | |
State of Tennessee vs. Barry Waddell
01C01-9801-CR-00016
The Defendant, Barry Waddell, appeals as of right from his conviction in the Davidson County Crimina l Court. After a jury trial, Defendant was convicted of two (2) counts of rape of a child (Counts 1 and 2) and two (2) counts of aggravated sexual battery (Counts 3 and 4). Defendant was sentenced to twenty-five (25) years for each count of rape of a child and ten (10) years for each count of aggravated sexual battery, with all sentences to be served consecutively, for an effective sentence of seventy (70) years. Defendant argues that the trial court improperly sentenced him to the maximum period of incarceration for his rape of a child convictions and erred in ordering his sentences to be served consecutively. We affirm in pa rt, and reverse and modify in part.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Cheryl Blackburn |
Davidson County | Court of Criminal Appeals | 06/01/99 | |
State of Tennessee vs. Paul Carr Moss, Jr.
01C01-9803-CC-00118
The defendant, Paul Carr Moss, Jr., was indicted for the first degree murder of his wife, Peggy Ann Moss. He was convicted of second degree murder, a Class A felony. Tenn. Code Ann. § 39-13-210. The trial court imposed a Range I sentence of twenty-five years. The defendant was fined $50,000.00.
Authoring Judge: Judge Gary R. Wade
Originating Judge:Judge John H. Gasaway, III |
Robertson County | Court of Criminal Appeals | 06/01/99 | |
State vs. Lowell Clayton Gredig, Jr.
03C01-9801-CC-00017
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 05/28/99 | |
State vs. Stanley Abell
02C01-9805-CR-00129
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 05/27/99 | |
Mark S. Miller vs. State
03C01-9803-CR-00108
|
Knox County | Court of Criminal Appeals | 05/27/99 | |
State vs. Joel Guilds
01C01-9804-CC-00182
|
Williamson County | Court of Criminal Appeals | 05/27/99 | |
State vs. Charles Bledsoe
02C01-9809-CC-00269
|
Madison County | Court of Criminal Appeals | 05/27/99 | |
State vs. Stanley Abell
02C01-9805-CR-00129
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 05/27/99 | |
State vs. Ronnie Garner
01C01-9806-CC-00258
|
Franklin County | Court of Criminal Appeals | 05/26/99 | |
State vs. Lewis L. Bell a/k/a Lewis Coleman a/k/a Lewis Ingram
01C01-9807-CR-00279
|
Davidson County | Court of Criminal Appeals | 05/26/99 | |
State vs. Billy Brown
02C01-9805-CR-00157
|
Shelby County | Court of Criminal Appeals | 05/26/99 | |
Charles Bobo vs. State
03C01-9802-CR-00064
Originating Judge:R. Jerry Beck |
Washington County | Court of Criminal Appeals | 05/26/99 | |
State vs. David Gribble
03C01-9810-CC-00350
|
Blount County | Court of Criminal Appeals | 05/26/99 | |
James Harold Register vs. State
01C01-9605-CC-00199
|
Bedford County | Court of Criminal Appeals | 05/26/99 | |
James E. Kenner vs. State
01C01-9709-CR-00424
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 05/26/99 | |
Willie J. Odom vs. State
03C01-9803-CR-00107
|
Knox County | Court of Criminal Appeals | 05/25/99 | |
State vs. Holly Ralston
03C01-9803-CR-00099
|
Anderson County | Court of Criminal Appeals | 05/25/99 | |
03C01-9801-CR-0043
03C01-9801-CR-0043
|
Court of Criminal Appeals | 05/25/99 | ||
State vs. Freddie Pollard
02C01-9802-CR-00042
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 05/25/99 | |
State vs. Eugene Kerrent
02C01-9809-CC-00288
|
Madison County | Court of Criminal Appeals | 05/25/99 | |
State vs. Gary Sanders
02C01-9902-CC-00045
|
Lauderdale County | Court of Criminal Appeals | 05/25/99 | |
State vs. Walter Wilson
W2001-01463-CCA-R3-CD
Walter Wilson, the defendant, was convicted of second-degree murder, felony murder, and attempted especially aggravated robbery by a Shelby County jury. The jury sentenced the defendant to life without the possibility of parole for the felony-murder conviction, and the trial court imposed a consecutive, ten-year sentence in the Department of Correction for the attempted especially aggravated robbery. On appeal, the defendant contends that the evidence was insufficient to support his convictions, that applicable lesser-included offenses were not charged to the jury, and that consecutive sentencing is inappropriate because he is not a dangerous offender. We affirm the attempted especially aggravated robbery conviction, but we reverse and remand for a new trial on the homicide counts based on the failure to instruct on lesser-included offenses.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 05/22/99 |