COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Mark D. Nunnally
W1999-01305-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Carolyn Wade Blackett

The defendant seeks appellate review of his motion to clarify the prior judgments of the trial court. We dismiss the appeal because the record does not reflect any order of the trial court concerning the motion.

State of Tennessee v. Donna F. Benson
W2001-01926-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Bernie Weinman

The defendant, a former employee of the Shelby County Criminal Court Clerk's office, pled guilty to two counts of public servant accepting a bribe, in violation of Tennessee Code Annotated section 39-16-102, a Class C felony. The trial court sentenced her as a Range I, standard offender to concurrent terms of three years on each count, but suspended all but ninety days of the sentence, to be served on weekends at the county workhouse. The defendant was also placed on probation for three years, ordered to perform 300 hours of community service, and assessed a $1000 fine for each count. She argues on appeal that the trial court erred in denying her judicial diversion or full probation. After reviewing the record, we affirm the judgment of the trial court.

State of Tennessee v. Steven D. Fish
E2001-02200-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge D. Kelly Thomas, Jr.

As a result of his guilty plea to one count of attempted rape of a child, the appellant, Steven D. Fish, was sentenced to eight years incarceration in the Tennessee Department of Correction, with thirty days to be served in confinement and the balance served on supervised probation. After the appellant began serving his probationary sentence, a probation violation warrant was issued. Subsequent to a probation revocation hearing, the trial court found that the appellant had violated the terms of his probation and ordered the appellant to serve the remainder of his sentence in confinement. On appeal, the appellant alleges that the trial court erred in revoking his probation. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

State of Tennessee v. James Andrew Nichols
M2000-02758-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Charles D. Haston, Sr.

The Defendant pled guilty to three Class C felony drug offenses. Following a sentencing hearing, the trial court imposed sentences of five years in the Tennessee Department of Correction for each offense and ordered that the sentences be served consecutively for an effective sentence of fifteen years. On appeal, the Defendant challenges the lengths, the manner of service, and the consecutive nature of the sentences. After review, we affirm the judgments of the trial court.

State of Tennessee v. Charles Berry Bourne, Jr.
M2001-00196-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Michael R. Jones

Defendant appeals his conviction by a jury for the offense of arson and the resulting five-year sentence. The issues presented for our review are: (1) whether the evidence was sufficient to support the verdict; (2) whether the trial court erred in allowing an investigator to testify as an expert in arson investigation; (3) whether the trial court erred in not dismissing the indictment based upon the state's failure to provide proper discovery; and (4) whether the trial court erred in applying a sentencing enhancement factor. We affirm the judgment of the trial court.

State of Tennessee v. Frank Michael Vukelich - Dissenting
M2001-01184-CCA-R3-CO
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Cheryl A. Blackburn

With all due respect to my colleagues, I must dissent. After review of the record, I find that the Davidson County Chancery Court never obtained jurisdiction of the approximately $102,000 seized by the Drug Task Force and deposited with the Metro Trustee. The following chronological history is critical to this finding:

State of Tennessee v. Frank Michael Vukelich
M2001-01184-CCA-R3-CO
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Cheryl A. Blackburn

The defendant appeals the order of the Davidson County Criminal Court directing the clerk of that court to apply the defendant's funds, which were obtained through an attachment directed to the Metro Trustee, to the defendant's fines and court costs. We conclude the state improperly sought to enjoin enforcement of the chancery court's order relating to the distribution of these funds by seeking an injunction in the criminal court. We further conclude the funds were held by the Metro Trustee in custodia legis for the chancery court and were not subject to attachment.  Therefore, we reverse the judgment of the criminal court.

State of Tennessee v. Tommy Henry
E2002-00166-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge R. Jerry Beck

The Sullivan County Grand Jury charged the defendant with one count of possession of a Schedule II controlled substance with intent to sell or deliver and with two counts of possession of drug paraphernalia. The defendant subsequently entered an Alford plea to one count of possession of a Schedule II controlled substance and to one count of possession of drug paraphernalia. Pursuant to the plea agreement, the trial court sentenced the defendant to eleven months and twenty-nine days for each offense and ordered that the sentences run consecutively. After a sentencing hearing, the trial court ordered that the defendant serve his sentence for possession of a Schedule II controlled substance in the county jail followed by service of his sentence for possession of drug paraphernalia on supervised probation. The defendant appeals the denial of alternative sentencing with regard to his sentence for possession of a Schedule II controlled substance. Finding no error in the record before us, we affirm the judgment of the trial court.

State of Tennessee v. Erwin Scott Patterson
E2001-02652-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Stephen M. Bevil

The defendant, Erwin Scott Patterson, entered pleas of guilt to three counts of vehicular assault, reckless endangerment, and violation of the driver's license law. A charge of driving under the influence of an intoxicant was dismissed. The trial court imposed a sentence of four years for one count of vehicular assault, two years for the remaining vehicular assault convictions, two years for reckless endangerment, and 30 days for violation of the driver's license law. An application for alternative sentencing was denied. In this appeal, the defendant contends that the four-year sentence for vehicular assault was excessive and that the trial court erred by denying an alternative sentence. The judgments are affirmed as modified.

State of Tennessee v. Bobby Shellhouse, Jr.
E2001-01604-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Rex Henry Ogle

The defendant contests his conviction and sentence for aggravated sexual battery. We conclude the evidence was sufficient to support the conviction, the seven-year-old victim was competent to testify, venue was properly established, proper chain of custody for the DNA evidence was established, and the amendment of the indictment was proper. Accordingly, we affirm the defendant's conviction. A review of the defendant's sentence reveals the trial court misapplied enhancing factor (8). There being two enhancing factors and one mitigating factor applicable to the defendant's sentence, the judgment is modified from the maximum of twelve years to eleven years.

State of Tennessee v. James L. Carrethers
M2001-01503-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge J. Randall Wyatt, Jr.

James L. Carrethers appeals his second-degree murder conviction. He was found guilty of that offense by a Davidson County Jury. He is presently serving an eighteen-year sentence in the Department of Correction for the crime. In this direct appeal, he claims that the evidence does not sufficiently support the conviction and that the lower court erred in denying a motion to suppress his inculpatory, pretrial statements. Because we are unconvinced of error in either respect, we affirm.

State of Tennessee v. Michael George Medina
M2001-02412-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge J. O. Bond

The Appellant, Michael George Medina, appeals his conviction by a Smith County jury finding him guilty of first-degree murder. On appeal, Medina challenges (1) the sufficiency of the convicting evidence, as it relates to the element of premeditation, and (2) the trial court's ruling which he asserts interfered with the defense's order of proof, thus, "forcing a premature election on defendant's right to testify." After review, we find no error. Accordingly, the judgment is affirmed.

State of Tennessee v. Christopher Duwan Robertson
M2001-00976-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Cheryl A. Blackburn
The defendant, Christopher Duwan Robertson, appeals as of right from his conviction by a jury in the Davidson County Criminal Court of first degree, premeditated murder. The defendant received a sentence of life imprisonment with the possibility of parole. He contends that (1) the evidence is insufficient to support his conviction, (2) the trial court erroneously failed to instruct the jury to determine whether witnesses Karen Mullins and Michael Simpson were accomplices as a matter of fact, and (3) the trial court should have granted a mistrial after the victim's mother testified that the defendant had committed another murder. We affirm the trial court's judgment of conviction.

Andrade Bruce Williams, Jr. v. State of Tennessee
M2002-00357-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Seth W. Norman

Petitioner appeals the denial of his petition for post-conviction relief. He was originally convicted of felony murder and attempted especially aggravated robbery and received an effective life sentence. He now contends he received ineffective assistance of counsel at his jury trial. We conclude otherwise and affirm the judgment of the trial court.

State of Tennessee v. Lonnie Keith Dishner
E2001-00870-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: James E. Beckner
The appellant was convicted at a jury trial of the offense of felonious reckless endangerment. He was sentenced to a term of one year imprisonment in the Greene County workhouse. In this appeal the appellant claims that the indictment is defective, that the evidence is insufficient to support the verdict, and that the prosecution improperly commented in closing argument that the appellant should have produced a certain tape recording. After a review of the record we are of the opinion that the indictment and evidence are constitutionally sufficient to support the verdict. We are also of the opinion that the appellant has waived any error concerning closing argument by failing to include the transcript of the arguments in the record. Accordingly, the judgment of the trial court is affirmed.

State of Tennessee v. Treca Finchum
E2001-01072-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Richard R. Vance
A Sevier County jury convicted the Defendant of theft of property valued over $500 and of contributing to the delinquency of a minor. The trial court sentenced the Defendant as a Range I, standard offender to two years for the theft conviction and to eleven months and twenty-nine days for the contributing to the delinquency of a minor conviction, to run concurrently. The trial court also ordered sentences of split confinement, with the Defendant to serve ninety days in jail, "day for day," and the balance of each sentence to be served on supervised probation. The Defendant now appeals, arguing the following: (1) that insufficient evidence was presented at trial to convict her of theft and of contributing to the delinquency of a minor; (2) that the admission into evidence of a list of items stolen from Wal-Mart was inadmissible hearsay; (3) that the trial court committed reversible error by excluding a statement against interest from an unavailable witness; and (4) that the trial court erred in sentencing her. After a review of the record, we affirm the judgments of the trial court as modified.

State of Tennessee v. Ralph Taylor Hopson
E2001-02113-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge E. Shayne Sexton
Defendant, Ralph Taylor Hopson, was indicted by the Grand Jury of Claiborne County for one count of second degree murder and one count of attempted second degree murder. Prior to trial, Defendant stated his desire to waive his right to representation by counsel and requested to proceed pro se. Four days later, the trial court conducted an inquiry into Defendant’s ability to represent himself and granted his request. Following a jury trial, Defendant was convicted of the offenses charged. The trial court subsequently sentenced Defendant to twenty-five years for the second degree murder conviction and ten years for the attempt conviction, to be served concurrently. In this appeal, Defendant challenges both convictions on the ground that the waiver of his right to counsel was not knowingly and intelligently made. In addition, Defendant contends that his sentence for the second degree murder conviction is excessive. After a review of the record and applicable law, we conclude that Defendant did not knowingly and intelligently waive his right to counsel and that the trial court erred in determining Defendant’s sentences. Accordingly, we reverse the judgments of the trial court and remand this matter for a new trial.

Clayton Eugene Turner v. State of Tennessee
E2001-02476-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Phyllis H. Miller

The Defendant, Clayton Eugene Turner, brings this appeal from the trial court's denial of post-conviction relief. The Defendant was convicted by a jury of rape of a child, incest, and assault. He argues two issues in this appeal: (1) that he was denied the effective assistance of counsel at trial, and (2) that the trial court erred by denying the Defendant's post-conviction request for the appointment of experts in the fields of DNA analysis and the transmission of infectious diseases. We affirm the judgment of the trial court.

Natasha W. Cornett v. State of Tennessee
E2002-00034-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge James E. Beckner

The petitioner, Natasha W. Cornett, appeals the trial court's denial of post-conviction relief. The issues presented for our review are (1) whether the petitioner properly waived her right to a jury trial at sentencing; (2) whether her guilty pleas to three counts of first degree murder, one count of attempted first degree murder, two counts of especially aggravated kidnapping, two counts of aggravated kidnapping, and one count of theft over $1,000 were knowingly and voluntarily entered; and (3) whether the petitioner was denied the effective assistance of counsel. The judgment is affirmed.

State of Tennessee v. Jonathan Thornton
E2001-02491-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge James Edward Beckner

The defendant, Jonathan Thornton, was convicted of one count of theft of property valued at more than $1,000 but less than $10,000 and one count of theft of property valued at less than $500. The trial court imposed concurrent sentences of two years and 11 months and 29 days, respectively. In this appeal of right, the defendant asserts (1) that the evidence is insufficient to support his convictions, (2) that the trial court erred in its instructions to the jury, and (3) that the trial court erred by denying an alternative sentence. Because the trial court erred by denying an alternative sentence, the defendant's sentence is modified to a sentence of split confinement with nine months to be served in confinement and the balance to be served on probation.

State of Tennessee v. Wanda Hinson - Dissenting
M2000-02762-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Timothy L. Easter
I am unable to agree that the trial court’s error in admitting the victim’s hearsay statement is harmless error. I believe the error requires reversal of the conviction, and I therefore dissent.

State of Tennessee v. Alan Parrigan
M2001-00342-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Robert L. Jones

The appellant, Alan Parrigan, was convicted of the offense of aggravated sexual battery. He received a sentence of ten years incarceration to be served consecutively to a sentence he was serving at the time of the commission of the instant offense. On appeal he raises three errors for our consideration. First, the appellant maintains that the trial court erred in failing to instruct the jury on the lesser included offenses of child abuse and neglect. Second, he alleges that the evidence is insufficient to support the verdict. Finally, the appellant contends consecutive sentencing is unwarranted in his case. After a thorough review of the record, we find that although the failure to instruct the jury on the lesser-included offenses of child abuse and neglect was error, the error is harmless beyond a reasonable doubt. In addition, we find that the evidence is sufficient to support the verdict and that consecutive sentencing is fully supported by the record. Accordingly, the judgment of the trial court is affirmed.

State of Tennessee v. Wanda Hinson
M2000-02762-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Timothy L. Easter
A Lewis County jury convicted the defendant, Wanda Hinson, of criminally negligent homicide, for which she received a one and a half year sentence, and especially aggravated burglary, for which she received a twenty-two year sentence. The trial court ordered the defendant to serve these sentences concurrently. The defendant now appeals her convictions, alleging (1) that the trial court erred by admitting a hearsay statement, (2) that the trial court erred by failing to grant a mistrial when the state improperly impeached the defendant’s only alibi witness, (3) that the evidence is insufficient to support her convictions, and (4) that the trial court erred by failing to grant the defendant a new trial based on the state’s failure to provide certain exculpatory evidence. For the reasons outlined below, we find that none of these allegations merit relief and accordingly affirm the decision of the trial court.

State of Tennessee v. Marthias S. Phillips and Lanard Keith Armstrong
M2000-02575-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge J. Randall Wyatt, Jr.

A Davidson County jury found the defendants, Marthias S. Phillips and Lanard Keith Armstrong, guilty of facilitation of first-degree murder, criminal attempt to facilitate especially aggravated kidnapping, and criminal attempt to facilitate especially aggravated robbery. The trial court sentenced both defendants to serve 4-year sentences for their criminal attempt to facilitate especially aggravated kidnapping convictions, 4-year sentences for their criminal attempt to facilitate especially aggravated robbery convictions, and 20-year sentences for their facilitation of first-degree murder convictions. The trial court sentenced both defendants as Range I offenders and ordered them to serve their 4-year sentences for criminal attempt to facilitate especially aggravated kidnapping concurrently to their 20-year sentences for facilitation of first-degree murder. The court then ordered them to serve their 4-year sentences for criminal attempt to facilitate especially aggravated robbery consecutively to their concurrent 20-year sentences, resulting in an effective sentence of 24 years. The defendants now bring the instant appeal. Defendant Armstrong and Defendant Phillips both challenge the sufficiency of the evidence to support their convictions, the propriety of the trial court's jury instructions, and the effectiveness of their trial counsel. Defendant Armstrong additionally challenges the propriety of his sentence. After thoroughly reviewing the record and applicable law, we find that none of these allegations merit relief.

State of Tennessee v. Damon L. Baugh
M2001-00895-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Donald P. Harris

The Williamson County Grand Jury indicted the defendant for one count of possession of more than 0.5 grams of cocaine for resale, a Class B felony, and for one count of simple possession of marijuana, a Class A misdemeanor. The defendant filed a motion to suppress the cocaine and marijuana obtained during his arrest, alleging that the search of his car was unconstitutional. Following a hearing, the trial court denied the motion to suppress. A Williamson County jury convicted the defendant of the charged offenses. The defendant now appeals, arguing that the trial court erred in failing to suppress the cocaine and marijuana obtained pursuant to his arrest. Concluding that the search of the defendant's car was constitutional, we affirm the judgment of the trial court.