State vs. Bruce Reliford
W1999-00826-CCA-R3-CD
This direct appeal follows dismissal of the appellant's motion at the trial level for a "Correction/Reduction" of his sentences. The appellant is currently serving an effective sentence of life without parole after pleading guilty in 1995 to the offenses of first degree murder, two counts of aggravated robbery and one count of aggravated assault. He argues that his sentences are illegal and are subject to correction because (1) his life sentence is in direct contravention of statutory authority and (2) his negotiated plea agreement with the State is incapable of specific performance. The indictment alleges that these offenses occurred on December 24, 1992. On this date, life without the possibility of parole was not an available sentencing option for first degree murder. Although we find that appellate review of a "Motion for Correction or Reduction" of a sentence is not available, as of right, under Tenn. R. App. P. 3(b), nonetheless, we hold that review is available under the common law writ of certiorari. Upon review of the presented issues, we conclude that the trial court was without authority to impose a sentence of life without the possibility of parole for first degree murder. This conviction and sentence is vacated. Because the appellant's plea agreement encompassed all of his convictions and resulting sentences, we find it necessary upon vacating his first degree murder conviction to also vacate his convictions and sentences for aggravated robbery and aggravated assault. This case is remanded to the trial court for further proceedings.
Authoring Judge: Judge David G. Hayes
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 12/24/92 | |
State vs. Donald Biggs
02C01-9901-CC-00017
|
Lake County | Court of Criminal Appeals | 12/17/92 | |
State vs. Stephen Stamps
W1999-01716-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:C. Creed Mcginley |
Henry County | Court of Criminal Appeals | 07/22/92 | |
02C01-9508-CR-00222
02C01-9508-CR-00222
|
Shelby County | Court of Criminal Appeals | 06/24/92 | |
State vs. Audrey Black
E1999-01391-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 06/23/92 | |
State vs. Frederick Sledge
W2001-02402-CCA-R3-CD
The defendant was convicted of first degree murder and especially aggravated robbery and was originally sentenced to death and twenty years, respectively. The trial court ordered the sentences to be served consecutively. On appeal, this court affirmed both convictions but reversed the death sentence and remanded it for resentencing. On remand, the defendant was sentenced to life imprisonment after a new sentencing hearing. The life sentence was ordered to be served consecutively to the original twenty-year sentence for especially aggravated robbery. The only issue raised on this appeal is whether, on remand, the trial court erred by not reconsidering the issue of consecutive sentencing when resentencing the defendant for the murder conviction. We affirm the sentence as imposed on remand by the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 12/10/91 | |
State vs. Frederick Sledge
W2001-02402-CCA-R3-CD
The defendant was convicted of first degree murder and especially aggravated robbery and was originally sentenced to death and twenty years, respectively. The trial court ordered the sentences to be served consecutively. On appeal, this court affirmed both convictions but reversed the death sentence and remanded it for resentencing. On remand, the defendant was sentenced to life imprisonment after a new sentencing hearing. The life sentence was ordered to be served consecutively to the original twenty-year sentence for especially aggravated robbery. The only issue raised on this appeal is whether, on remand, the trial court erred by not reconsidering the issue of consecutive sentencing when resentencing the defendant for the murder conviction. We affirm the sentence as imposed on remand by the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 12/10/91 | |
State of Tennessee v. Robert Lee Smartt
M2005-00176-CCA-R3-CO
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:John W. Rollins |
Coffee County | Court of Criminal Appeals | 10/21/91 | |
Tony Blan D v. State of Tennessee
W2002-01784-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 06/19/90 | |
Tony Bland v. State of Tennessee
W2002-01784-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 06/19/90 | |
Arthur Ray Lepley
01C01-9903-CR-00084
|
Davidson County | Court of Criminal Appeals | 04/27/90 | |
Joe Utley vs. State of Tennessee
01C01-9709-CR-00428
The appellant, Joe L. Utley, appeals as of right from a judgment of the Davidson County Criminal Court denying his petition for post-conviction relief. The petitioner alleges that trial and appellate counsel rendered ineffective assistance in several areas. After a through review of the record, we REMAND to the trial court with instructions to enter a findings of fact and conclusions of law.
Authoring Judge: Senior Judge L. T. Lafferty
Originating Judge:Judge Seth W. Norman |
Davidson County | Court of Criminal Appeals | 12/08/88 | |
State of Tennessee v. Jacob A. Smith
E2023-01065-CCA-R3-CD
The defendant, Jacob A. Smith, appeals his Knox County jury conviction of unlawful
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge G. Scott Green |
Knox County | Court of Criminal Appeals | 07/12/24 | |
Kris Young v .State of Tennessee
E2022-00235-CCA-R3-PC
The petitioner, Kris Young, appeals the denial of his petition for post-conviction relief,
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge G. Scott Green |
Knox County | Court of Criminal Appeals | 08/03/23 | |
O3C01-9507-CR-00207
O3C01-9507-CR-00207
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 12/01/10 | |
State vs. Vinton Brownlee
02C01-9808-CR-00238
|
Shelby County | Court of Criminal Appeals | 12/01/10 | |
State of Tennessee v. Lewis Christian
W2004-01688-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 12/01/10 | |
State vs. Cory Myers
02C01-9810-CC-00309
|
Gibson County | Court of Criminal Appeals | 12/01/10 | |
State vs. Frederick Bray
02C01-9812-CC-00379
|
Madison County | Court of Criminal Appeals | 12/01/10 | |
State vs. Marsh Barham
02C01-9904-CC-00128
Originating Judge:John Franklin Murchison |
Chester County | Court of Criminal Appeals | 12/01/10 | |
State vs. Birchfield
03C01-9701-CR-00025
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 12/01/10 | |
W1999-01472-CCA-R3-CD
W1999-01472-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
|
Shelby County | Court of Criminal Appeals | 12/01/10 | |
W1999-01634-CCA-R3
W1999-01634-CCA-R3
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 12/01/10 | |
01C01-9501-CR-00009
01C01-9501-CR-00009
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 12/01/10 | |
02C01-9505-CC-00141
02C01-9505-CC-00141
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 12/01/10 |