Court of Criminal Appeals Opinions

Format: 07/06/2020
Format: 07/06/2020
Willie Bob King v. State of Tennessee
M2010-01445-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Larry B. Stanley

This matter is before the Court on the State’s motion to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The Petitioner, Willie Bob King, filed a petition for post-conviction relief, which the post-conviction court denied, and this Court affirmed on appeal. Thereafter, the Petitioner did not file for permission to appeal to the supreme court. After the period in which to file such an application expired, the Petitioner filed a second petition for post-conviction relief, seeking a delayed appeal to the supreme court. The post-conviction court denied this petition without a hearing and refused the Petitioner’s request to reconsider its decision. The Petitioner appeals the post-conviction court’s dismissal of his second petition for post-conviction relief. Upon our review of the record in this case, we conclude that the Petitioner is not entitled to a delayed appeal and that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, the State’s motion is granted and the judgment of the post-conviction court is affirmed.

Warren County Court of Criminal Appeals 05/19/11
State of Tennessee v. Thomas E. Campbell
M2010-00666-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Larry Stanley

The Defendant-Appellant, Thomas E. Campbell, was convicted by a Warren County jury of attempted child abuse, a Class B misdemeanor, and aggravated sexual battery, a Class B felony. He was sentenced to six months in the county jail for attempted child abuse. For aggravated sexual battery, Campbell was sentenced as a Range I, violent offender to ten years in the Tennessee Department of Correction. On appeal, Campbell claims that: (1) both convictions were not supported by sufficient evidence; and (2) his sentence for aggravated sexual battery was excessive. Upon review, we affirm the judgments of the trial court.

Warren County Court of Criminal Appeals 03/31/11
State of Tennessee v. Lawrence David Ralph, Jr.
M2010-00195-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Larry Stanley, Jr.

A Warren County Circuit Court jury convicted the appellant, Lawrence David Ralph, Jr., of violating a habitual traffic offender order; reckless endangerment with a deadly weapon; driving on a revoked license, fifth offense; evading arrest; and reckless driving. After a sentencing hearing, the appellant received an effective eight-year sentence. On appeal, he contends that the evidence is insufficient to support his conviction for reckless endangerment and that his sentence is excessive. We conclude that the appeal must be dismissed because we lack jurisdiction in the case.

Warren County Court of Criminal Appeals 03/04/11
Adrian K. Nelson v. State of Tennessee
M2009-02166-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Larry B. Stanley, Jr.

The petitioner, Adrian K. Nelson, appeals the denial of his petition for post-conviction relief, arguing that he was deprived of the effective assistance of counsel at trial and on appeal. Following our review, we affirm the post-conviction court’s denial of the petition.

Warren County Court of Criminal Appeals 01/12/11
David A. Ferrell v. State of Tennessee
M2010-00696-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Larry B. Stanley

The Defendant, David A. Ferrell, was convicted of failure to display a license, violation of the seatbelt law, and two violations of the vehicle registration law. He was ordered to serve thirty days in jail and pay a fifty-dollar fine. His convictions were affirmed on direct appeal, and the Tennessee Supreme Court denied his application for permission to appeal. The Petitioner filed a petition for post-conviction relief, claiming the trial court lacked jurisdiction over his case. The post-conviction court summarily dismissed the petition citing the petition’s untimeliness. The Petitioner appeals, contending the post-conviction court erred when it dismissed his petition. After a thorough review of the record and applicable law, we reverse the post-conviction court’s judgment.

Warren County Court of Criminal Appeals 12/28/10
State of Tennessee v. Lawrence D. Ralph
M2010-00326-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Larry B. Stanley, Jr.

The Defendant, Lawrence D. Ralph, was convicted of driving under the  influence (DUI), fourth offense; DUI per se, fourth offense; driving on a revoked driver’s license, fifth offense; violation of the habitual traffic offender status; and two counts of evading arrest. The trial court merged the DUI per se conviction with the first count and merged the driving on a revoked license conviction with the habitual traffic offender conviction. The trial court sentenced the Defendant to four years each for the DUI, fourth offense conviction; the habitual traffic offender status conviction; and the felony evading arrest conviction, to be served consecutively for an effective 12-year sentence. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to convict him of DUI, fourth offense and (2) that the trial court’s sentence was excessive. Following our review, we  affirm the judgments of the trial court.

Warren County Court of Criminal Appeals 12/10/10
State of Tennessee v. Dana Kennedy Walls
M2009-00736-CCA-R3-CD
Authoring Judge: Camille R. McMullen
Trial Court Judge: Judge Larry B. Stanley, Jr.

Defendant-Appellant, Dana Kennedy Walls, was convicted by a Warren County Circuit Court jury of facilitation of initiating a process to manufacture methamphetamine in count one, a Class C felony; facilitation of promoting the manufacture of methamphetamine in count two, a Class E felony; and promoting the manufacture of methamphetamine in count three, a Class D felony. She was sentenced as a Range I, standard offender to serve concurrent sentences of five years with service of 365 days in confinement for count one, two years with service of 90 days in confinement for count two, and three years with service of 250 days in confinement for count three, for an effective sentence of five years with 365 days in confinement prior to serving the remainder of her sentence on probation. On appeal, Dana Walls argues: (1) the evidence was insufficient to support her convictions, (2) the trial court committed reversible error in failing to instruct the jury on the lesser included offense of attempt for each of the charged offenses, and (3) her sentence is excessive. Following our review, we affirm the judgments of the trial court.

Warren County Court of Criminal Appeals 12/07/10
State of Tennessee v. Brandon D. Thomas
M2009-00464-CCA-R3-CD
Authoring Judge: Thomas T. Woodall, J.
Trial Court Judge: Larry B. Stanley, Jr., Judge
Appellant, Brandon D. Thomas, appeals his conviction for simple possession of marijuana after a jury trial in Warren County. Appellant received a sentence of eleven months and twenty-nine days for the conviction. On appeal, the sufficiency of the evidence is challenged. After a thorough review of the record, we determine that the evidence is sufficient to support the conviction. Accordingly, the judgment of the trial court is affirmed.
Warren County Court of Criminal Appeals 11/29/10
Joel Keener v. State of Tennessee
M2009-02489-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Larry B. Stanley

The Petitioner, Joel Keener, appeals as of right the Warren County Circuit Court's denial of his petition for post-conviction relief. In 2005, the petitioner was convicted by a jury of facilitation of manufacturing methamphetamine and sentenced to eight years in the Department of Correction. On appeal, he argues that the denial of his petition was error because he did not receive the effective assistance of counsel at trial. Specifically, he contends that counsel failed to seek severance of the charges, failed to seek suppression of the petitioner's statement, and failed to challenge admission of a photograph showing iodinestained hands. He argues that the cumulative effect of these errors denied him a fair trial. Following our review of the record and the parties' briefs, we conclude that the petitioner has not shown that he is entitled to relief. The judgment of the post-conviction court is affirmed.

Warren County Court of Criminal Appeals 11/19/10
State of Tennessee v. Evelyn Cotton Self
M2009-00343-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall, J.
Trial Court Judge: Judge Don Ash

Following a jury trial, Defendant, Evelyn Cotton Self, was convicted of driving under the influence (DUI), second offense, a Class A misdemeanor. The trial court sentenced defendant to eleven months, twenty-nine days with defendant's sentence suspended and defendant placed on probation after service of seventy-three days in confinement. On appeal, defendant argues that (1) the evidence is insufficient to support her conviction; (2) the trial court erred in denying defendant's request for a jury instruction on involuntary intoxication; (3) the trial court erred in instructing the jury concerning prescription medicines; (4) the trial court erred in excluding the testimony of defendant's psychologist; and (5) the trial court erred in ordering defendant to serve seventy-three days in confinement. After a thorough review of the record, we affirm the judgment of the trial court.

Warren County Court of Criminal Appeals 11/09/10
Joshua Jacobs v. State of Tennessee
M2009-02265-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Larry B. Stanley

On January 17, 2007, Petitioner, Joshua Jacobs, pled guilty in the Warren County Circuit Court to one count of first degree murder, one count of aggravated burglary, and one count of aggravated rape. On October 7, 2009, the post-conviction court received and filed a pro se petition for post-conviction relief for Petitioner. The post-conviction court summarily dismissed the petition as time-barred. On appeal to this Court, Petitioner argues that the postconviction court erred because applying the statute of limitations to his case is a denial of due process. We have reviewed the record on appeal and find that there is no violation of Petitioner's due process rights in the dismissal of his time-barred petition. Therefore, we affirm the decision of the post-conviction court.

Warren County Court of Criminal Appeals 09/15/10
State of Tennessee v. Aulton Cody Barnes
M2009-01981-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Larry B. Stanley, Jr.

On March 6, 2009, the Warren County Grand Jury indicted Appellant, Aulton Cody Barnes, for indecent exposure. On May 28, 2009, Petitioner entered an open plea to the charge. On September 22, 2009, the trial court entered a judgment sentencing Petitioner to six months with thirty days to be served in incarceration and the remainder to be served on probation. Appellant appeals his sentence arguing that the trial court erred in failing to grant him full probation or, in the alternative, grant him judicial diversion. We have reviewed the record presented on appeal and conclude that the trial court did not err. Therefore, we affirm the judgment of the trial court.

Warren County Court of Criminal Appeals 09/15/10
State of Tennessee v. William Comfort
M2009-00672-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Larry B. Stanley, Jr.

The appellant, William Comfort, pled guilty in the Warren County Circuit Court to attempted aggravated sexual battery, a Class C felony, and was sentenced to eight years in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court's imposition of an eight-year sentence and the denial of alternative sentencing. Upon review, we affirm the judgment of the trial court.

Warren County Court of Criminal Appeals 09/09/10