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State vs. Dimarko Bojere Williams M1997-00113-SC-R11-CD Dimarko Bojere Williams was convicted of second degree murder and was sentenced to the Department of Correction for twenty-five years. Williams appealed, contending, inter alia, that the evidence was insufficient to support the conviction for second degree murder because he and the victim had been engaged in "mutual combat" at the time of the killing. In cases in which a victim is killed during mutual combat, he asserted, the defendant may be convicted of voluntary manslaughter only. The Court of Criminal Appeals affirmed the conviction for second degree murder but modified Williams's sentence on other grounds. We hold that the evidence is sufficient to support the conviction for second degree murder. In so doing, we reject the defendant's contention that a killing which occurs during mutual combat is, as a matter of law, voluntary manslaughter. The judgment of the Court of Criminal Appeals is, therefore, affirmed. Authoring Judge: Justice Adolpho A. Birch, Jr. Originating Judge:Jim T. Hamilton	Maury County	Supreme Court	05/23/00
Ronald E. Walton vs. State E1999-01165-CCA-R3-PC After a hearing, the petitioner appeals the criminal court's order dismissing his petition for post-conviction relief. Convicted in 1968 of assault and battery with intent to rape, the petitioner was sentenced to incarceration for ten years. The petitioner has fully served his sentence in Tennessee. However, his Tennessee conviction was used to enhance his 1980 conviction of rape in Indiana. The petitioner proceeds to challenge his Tennessee conviction, in hope of a sentence reduction in Indiana. After careful review, we affirm the criminal court's dismissal. Authoring Judge: Judge John Everett Williams Originating Judge:Douglas A. Meyer	Hamilton County	Court of Criminal Appeals	05/23/00
State vs. Henry M1995-00005-SC-R11-CD We granted this appeal to determine whether the trial court erred in admitting statements made by the co-defendant following the arrest of the defendant and the co-defendant for first-degree murder, attempted first-degree murder and related offenses. The Court of Criminal Appeals concluded that although the conspiracy to commit the offenses had ended, the co-defendant's statements were made during the course of and in furtherance of a separate conspiracy to conceal the offenses and were admissible pursuant to the co-conspirator exception to the hearsay rule set out in Tenn. R. Evid. 803(1.2)(E). After reviewing the record, we conclude that the co-defendant's statements were made after the conspiracy had ended and, therefore, were not admissible under Tenn. R. Evid. 803(1.2)(E). We further conclude, however, that the error was harmless, and we affirm the judgment of the Court of Criminal Appeals. Authoring Judge: Justice E. Riley Anderson Originating Judge:Seth W. Norman	Davidson County	Supreme Court	05/23/00
Ginger Taylor Walter vs. James Keener Walter E1999-00996-COA-R3-CV Authoring Judge: Judge Houston M. Goddard Originating Judge:Thomas R. Frierson, II	Greene County	Court of Appeals	05/23/00
In re: C.W.W., N.W.W., Z.W.W. & A.L.W M1999-01372-COA-R3-CV Authoring Judge: Judge David R. Farmer Originating Judge:Betty Adams Green	Davidson County	Court of Appeals	05/23/00
A.L. Belcher & Assoc. vs. Harrison, et al M1998-00965-COA-R3-CV Authoring Judge: Presiding Judge Patricia J. Cottrell Originating Judge:Thomas Goodall	Sumner County	Court of Appeals	05/23/00
McKee vs. McKee M1997-00204-COA-R3-CV Authoring Judge: Judge William C. Koch, Jr. Originating Judge:Jim T. Hamilton	Maury County	Court of Appeals	05/23/00
State vs. Henry Daniels W2002-00193-CCA-R3-CD The defendant was convicted by a Shelby County Criminal Court jury of aggravated burglary, a Class C felony, and aggravated rape, a Class A felony. He was sentenced by the trial court as a career offender to fifteen years for the aggravated burglary conviction and as a violent offender to forty years for the aggravated rape conviction, with the sentences to be served consecutively, for an effective sentence of fifty-five years in the Department of Correction. On appeal, he raises the sole issue of whether the trial court committed reversible error by denying his request to represent himself at trial. Following our review, we affirm the judgments of the trial court but remand for entry of a corrected judgment as to the aggravated burglary conviction to reflect the defendant's conviction offense which was omitted from the judgment form. Authoring Judge: Judge Alan E. Glenn Originating Judge:Joseph B. Dailey	Shelby County	Court of Criminal Appeals	05/23/00
E1999-00957-CCA-R3-CD E1999-00957-CCA-R3-CD Authoring Judge: Judge David H. Welles Originating Judge:Douglas A. Meyer	Hamilton County	Court of Criminal Appeals	05/19/00
State vs. Antonio Briggs W1999-00280-CCA-R3-CD Authoring Judge: Judge David G. Hayes Originating Judge:W. Fred Axley	Shelby County	Court of Criminal Appeals	05/19/00
Allen vs. Roberts M1999-02807-COA-R3-CV Authoring Judge: Judge William B. Cain Originating Judge:Walter C. Kurtz	Davidson County	Court of Appeals	05/19/00
State of Tennessee v. Roger D. Mccrary, 01C01-9906-CR-00202 Originating Judge:J. O. Bond	Smith County	Court of Criminal Appeals	05/19/00
State vs. Don Allen Coleman E1999-02093-CCA-R3-PC Authoring Judge: Judge Joe G. Riley Originating Judge:Ray L. Jenkins	Knox County	Court of Criminal Appeals	05/19/00
State vs. Jimmy Dale Hogan M1999-00013-CCA-R3-CD Authoring Judge: Judge Norma McGee Ogle Originating Judge:William B. Cain	Lawrence County	Court of Criminal Appeals	05/19/00
State vs. Robin Dodson E1999-00387-CCA-R3-CD Authoring Judge: Judge Jerry Smith Originating Judge:J. Curtis Smith	Rhea County	Court of Criminal Appeals	05/19/00
State vs. Andre Jackson W1999-00234-CCA-R3-CD Originating Judge:R. Lee Moore Jr.	Lake County	Court of Criminal Appeals	05/19/00
State vs. Marcel McCroy W1999-00872-CCA-R3-CD Authoring Judge: Judge Gary R Wade Originating Judge:Chris B. Craft	Shelby County	Court of Criminal Appeals	05/19/00
State vs. Lewis Edward Allen M1998-00213-CCA-R3-CD Authoring Judge: Judge Alan E. Glenn Originating Judge:John H. Gasaway, III	Montgomery County	Court of Criminal Appeals	05/19/00
State vs. David Orr W1998-00010-CCA-R3-CD Authoring Judge: Judge Norma McGee Ogle Originating Judge:John Franklin Murchison	Madison County	Court of Criminal Appeals	05/19/00
James William Taylor v. State of Tennessee 01C01-9809-CC-00384 The petitioner, James William Taylor, appeals the dismissal of his petition for post-conviction relief by the Williamson County Circuit Court on September 9, 1998. In August 1988, the petitioner was convicted of felony murder, robbery, and second degree burglary in the Williamson County Circuit Court. The trial court sentenced the petitioner to life imprisonment on the murder conviction, to a fifteen year sentence on the second degree burglary conviction, and to a fifteen year sentence on the robbery conviction, with all sentences to be served consecutively to one another. The petitioner appealed and this court affirmed the petitioner’s convictions and sentence on April 25, 1990. See State v. Taylor, No. 89-93-III, 1990 WL 50751 (Tenn. Crim. App. at Nashville), perm. to appeal denied, (Tenn. 1990). The petitioner filed a timely pro se petition for post-conviction relief on April 10, 1991. The trial court appointed counsel and the petitioner amended the petition numerous times to allege additional grounds for relief. After hearing evidence on the issues raised by the petition, the post-conviction court filed a memorandum opinion denying relief. On appeal the petitioner presents the following issues for our consideration: (1) whether the post-conviction court erred by finding that the petitioner’s trial counsel was not ineffective; and (2) whether the post-conviction court erred by finding that the State did not violate the petitioner’s right to a fair trial by withholding exculpatory evidence. Following a review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. Authoring Judge: Judge Norma McGee Ogle Originating Judge:Judge Donald P. Harris	Williamson County	Court of Criminal Appeals	05/19/00
Birchett vs. The Nashville Company, Inc. M1999-00207-COA-R3-CV Authoring Judge: Judge Houston M. Goddard Originating Judge:Thomas W. Brothers	Davidson County	Court of Appeals	05/19/00
State vs. Noland P. O'Boyle M1999-01070-CCA-R3-CD Authoring Judge: Judge John Everett Williams Originating Judge:Jane W. Wheatcraft	Sumner County	Court of Criminal Appeals	05/19/00
State of Tennessee v. Larry Allen Hicks E199-00957-CCA-R3-CD Originating Judge:Douglas A. Meyer	Hamilton County	Court of Criminal Appeals	05/19/00
Harris vs. Hensley M1999-00654-COA-R3-CV Authoring Judge: Judge Ben H. Cantrell Originating Judge:Robert L. Jones	Wayne County	Court of Appeals	05/17/00
State vs. William Douglas Ellis M1999-783-CCA-R3-CD The appellant, William Donald Ellis, was convicted by a Sumner County jury of one count of rape of a child, two counts of aggravated sexual battery, and two counts of assault. The trial court imposed a sentence of twenty-five (25) years incarceration in the Tennessee Department of Correction for the offense of rape of a child, ten (10) years incarceration in the Department for each count of aggravated sexual battery, and six (6) months incarceration in the Sumner County Jail for each count of assault. The trial court ordered that the appellant serve his sentences for rape of a child and aggravated sexual battery consecutively to each other and concurrently with his sentences for assault, resulting in an effective sentence of forty-five (45) years incarceration. On appeal, the appellant presents the following issues for our review: (1) whether the trial court erred in denying his motion to suppress evidence obtained by police as a result of the warrantless search of his home; (2) whether the trial court should have required the State to elect between Counts One and Six of the indictment; (3) whether the evidence adduced at trial supports the jury's findings of venue; and (4) whether the evidence adduced at trial supports the jury's verdict of guilt of rape of a child. Following a review of the record and the parties' briefs, we affirm in part and reverse and remand in part the judgments of the trial court. Originating Judge:Jane W. Wheatcraft	Sumner County	Court of Criminal Appeals	05/17/00