State vs. Donaven Brown W1999-00629-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Joseph H. Walker, III
The defendant and the victim were both maximum security inmates at the Corrections Corporation of America facility in Clifton, Tennessee. After the victim, his hands and feet restrained, had been released from his cell to use a telephone, the defendant asked to be released from his cell take a shower. After his hands, but not his feet had been restrained, he pushed a correctional officer aside and ran from his cell, confronting the victim near the telephones. "Bad blood" had existed between the victim and the defendant, both of whom had armed themselves that day with shanks, or homemade prison knives. The victim received six knife stab wounds, two of which were potentially fatal. The defendant was then charged with first degree murder and felony possession of a weapon in a penal institution and, following his convictions of both offenses, sentenced to life without parole and three years, respectively, the sentences to be served concurrently. He timely appealed, presenting as issues whether the trial court erred in allowing proof that he had asserted his right to remain silent and requested an attorney and whether the evidence was sufficient to sustain the conviction for first degree murder. Based upon our review, we affirm the judgment of the trial court.
State vs. Matthew Leonard & Bernie Evans E1999-02724-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Lynn W. Brown
The appellants, Matthew W. Leonard and Bernie J. Evans, each pled guilty in the Criminal Court for Washington County to three counts of kidnapping, a class C felony, three counts of aggravated assault, a class C felony, one count of escape, a class E felony, and one count of theft over $10,000, a class C felony. The appellants requested that the trial court grant them full probation. After a probation hearing, the trial court denied the appellants' request. The appellants present the following issue for our review: whether the trial court erred in denying the appellants full probation. After a review of the record and the parties' briefs, we affirm the judgment of the trial court.
Washington
Court of Criminal Appeals
State vs. Henry Marshall Jr. W1999-01159-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Roy B. Morgan, Jr.
Defendant Henry Marshall, Jr. was convicted of reckless aggravated assault following a jury trial in the Madison County Circuit Court. After a sentencing hearing, the trial court sentenced Defendant as a Range I Standard Offender to a term of two years, with the Defendant to serve eleven months and twenty-nine days in the local jail, and the remaining one year and one day on supervised probation. The Defendant challenges his conviction and his sentence, raising the following issues: (1) whether the trial court erred in denying Defendant's request for an instruction on self-defense, (2) whether the trial court erred in denying Defendant's request for an instruction on the lesser-included offense of simple assault and (3) whether the trial court correctly sentenced the defendant. After a review of the record, we affirm the judgment of the trial court as modified herein.
Madison
Court of Criminal Appeals
State vs. John Palmer W1999-01310-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Dick Jerman, Jr.
Defendant, John David Palmer, was convicted of voluntary manslaughter and especially aggravated robbery following a jury trial in Gibson County Circuit Court. He was sentenced to serve three years for voluntary manslaughter and twenty years for especially aggravated robbery with the sentences to be served concurrent with each other. He does not appeal the voluntary manslaughter conviction or sentence. However, regarding the conviction for especially aggravated robbery, Defendant challenges the sufficiency of the evidence to support the conviction and argues that the trial court committed reversible error by not instructing the jury on the lesser-included offense of theft and unauthorized use of a vehicle, i.e., joyriding. After review, we reverse and remand for a new trial on the offense of especially aggravated robbery.
Gibson
Court of Criminal Appeals
State vs. Edward Mitchell W1999-01314-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Carolyn Wade Blackett
The defendant, Edward Mitchell, appeals as of right from his conviction by a jury in the Shelby County Criminal Court for two counts of aggravated assault, a Class C felony. His sole issue on appeal is whether the trial court erred by denying him a continuance because of the unavailability of a witness. After a review of the record, we reverse the judgment of the trial court and remand for a new trial.
Shelby
Court of Criminal Appeals
State vs. Ronnie Bradfield W1999-02344-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: James C. Beasley, Jr.
Petitioner, Ronnie Bradfield, was convicted by a jury in the Shelby County Criminal Court of three counts of attempt to commit second degree murder, which this Court affirmed on direct appeal. Petitioner subsequently filed a pro se petition together with an amended and supplemental petition for post-conviction relief alleging, primarily, ineffective assistance of counsel. The post-conviction judge denied relief following an evidentiary hearing which took place over numerous days. Petitioner now appeals the judgment of the post-conviction court denying his petition. We affirm.
Shelby
Court of Criminal Appeals
State vs. Willie Boyland W1999-00634-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Jon K. Blackwood
Following a jury trial in the Hardeman County Circuit Court, Defendant was convicted of the offense of casual exchange of marijuana. On appeal, Defendant challenges the sufficiency of the evidence to sustain the conviction. He also asserts that the trial court erred by prohibiting Defendant from questioning a state witness about a civil warrant and judgment against the witness and that the trial court erred by overruling his objection to the State eliciting testimony from its primary witness regarding the witness' employment. We have reviewed the record on appeal and the briefs of the parties and find no reversible error. Accordingly, the judgment of the trial court is affirmed.
Hardeman
Court of Criminal Appeals
State vs. Joshua Dailey E1999-01342-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: D. Kelly Thomas, Jr.
The Defendant, Joshua Dailey, pled guilty to two counts of the Class E felony offense of violation of the Habitual Motor Vehicle Offender Act. The trial court sentenced Defendant to two years for each conviction, to be served consecutively. Furthermore, the trial court ordered the first sentence to be served in split confinement, with 300 days incarceration in the county jail followed by placement in Community Corrections. The Defendant appeals, challenging the length of the total effective sentence and arguing that he should serve the entire sentence in Community Corrections. We affirm the judgment of the trial court.
Blount
Court of Criminal Appeals
State vs. James M. Loveday E1999-02072-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Richard R. Vance
Following a jury trial, Defendant, James M. Loveday, was convicted of one count of attempted first degree murder, four counts of aggravated assault, and two counts of reckless endangerment. The trial court sentenced him to twenty-five (25) years for the attempted first degree murder conviction, six (6) years for each of the four aggravated assault convictions, and two (2) years for each of the reckless endangerment convictions. The sentences were ordered to be served consecutively to each other for a total sentence of fifty-three (53) years. On appeal, he challenges the sufficiency of the evidence to sustain the convictions of attempted first degree murder and aggravated assault, and argues that the trial court erroneously admitted testimony of prior bad acts, improperly considered victim impact letters in the presentence report, and argues that the sentences are excessive and that the trial court erred by ordering consecutive sentencing. After a review of the record, we affirm the judgment of the trial court as modified herein.
Sevier
Court of Criminal Appeals
State vs. Jack North W1999-01301-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: C. Creed Mcginley
The appellant, Jack Jay North, Jr., was convicted of first degree murder by a Hardin County jury and was sentenced to life imprisonment without the possibility of parole. On appeal, he asserts that the post-conviction court erred in finding trial counsel's performance to be effective during the sentencing phase of trial. Specifically, the appellant contends that trial counsel was ineffective for (1) failing to offer mitigating proof at the sentencing phase; (2) for failing to request funds for a mitigation specialist; and (3) for not objecting to comments made by the State during closing arguments of the sentencing phase. After review, we affirm the judgment of the Circuit Court of Hardin County.
Hardin
Court of Criminal Appeals
State vs. Julius Parker W1999-01327-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Joseph B. Brown
Because the petitioner, Julius Parker, who was convicted of aggravated robbery and felony murder, received the effective assistance of counsel at trial, he is not entitled to post-conviction relief.
Shelby
Court of Criminal Appeals
State vs. Mark Williams W1999-01456-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Chris B. Craft
The defendant, Mark Williams, was indicted for attempted first degree murder. After being convicted for attempted second degree murder, he was sentenced, as a Range I offender, to 12 years in the Tennessee Department of Correction. In this appeal of right, the defendant contends that because the indictment did not allege an overt act, the conviction is void. He further asserts that the jury charge on attempted second degree murder was erroneous in that it did not require the jury to find that he intended to kill the victim. The judgment of the trial court is affirmed.
Shelby
Court of Criminal Appeals
State vs. Billy Thompson W1999-01001-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: James C. Beasley, Jr.
In 1995, Billy Thompson, a Mississippi resident, was convicted in Shelby County of driving under the influence, resulting in suspension of his driving privileges in this state for one year. Fifteen months later, Thompson was again charged and convicted of driving under the influence, sixth offense, reckless driving and driving while revoked, being the instant offenses before this court. On the date of the latter offenses, Thompson possessed a valid Mississippi driver's license, however, he had not complied with the statutory requirements for reinstatement of his driving privileges in this state. Thompson appeals his convictions contending the trial court erred (1) by failing to sever the charge of driving while license revoked from the remaining counts and (2) by failing to grant his motion for judgment of acquittal as to the charge of driving while license revoked. We conclude that all charges were properly joined pursuant to Tenn. R. Crim. P. 8(a). Moreover, we hold that a nonresident motorist, although possessing a valid out-of-state license, may not operate a motor vehicle in this state following this state's revocation of his driving privileges until the motorist complies with Tennessee's reinstatement procedures. Because we find the proof sufficient to support the challenged conviction, the judgment of the trial court is affirmed.
Shelby
Court of Criminal Appeals
State vs. John Hampton W1999-00983-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Jon Kerry Blackwood
The defendant, John Lee Hampton, who was charged with two counts of rape, was convicted of two counts of statutory rape. The trial court imposed two concurrent one-year sentences, with all but sixty days suspended. In this appeal as of right, the defendant asserts that the evidence was insufficient. He also argues that the trial court erred by admitting certain photographs into evidence, by rehabilitating a juror, by denying his motion in limine to exclude evidence of uncharged sexual offenses involving the victim, by permitting the victim to testify in rebuttal regarding an uncharged sexual offense, and by refusing to suspend his entire sentence. We affirm the judgment of the trial court.
Hardeman
Court of Criminal Appeals
State vs. Michael Addison W1999-00432-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Bernie Weinman
Because the evidence does not preponderate against the trial court's determination that the petitioner received the effective assistance of counsel at trial and on direct appeal, the order denying post-conviction relief is affirmed.
Shelby
Court of Criminal Appeals
State vs. Jenniefer Oakley W1999-00850-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Bernie Weinman
Jennifer E. Oakley entered guilty pleas to three counts of misdemeanor possession of a controlled substance and one count of possession of drug paraphernalia. The manner of service, including the request for judicial diversion, was submitted to the trial court. The trial court denied a grant of judicial diversion based upon the circumstances of the offenses and the inherent dangerous effect of drugs to our communities. After review, we conclude that the record supports the trial court's denial of diversion. The judgment, accordingly, is affirmed.
Shelby
Court of Criminal Appeals
State vs. Michael Upshaw W1999-00777-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: James C. Beasley, Jr.
Shelby
Court of Criminal Appeals
State vs. Gilford Williams W1999-01556-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: John Franklin Murchison
Madison
Court of Criminal Appeals
State vs. Gilford Williams W1999-01556-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: John Franklin Murchison
Madison
Court of Criminal Appeals
State vs. Jackie Gooch W2000-00032-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: R. Lee Moore Jr.
The appellant, Jackie L. Gooch, appeals from the trial court's denial of his petition for post-conviction relief. Pursuant to a plea agreement, the appellant entered a "best interest" plea to the charge of voluntary manslaughter. On appeal, the appellant contends: (1) that his guilty plea was coerced and, thus, involuntarily entered; and (2) that trial counsel was ineffective. After review, we affirm the judgment of the post-conviction court.
Lake
Court of Criminal Appeals
State vs. Ronald Ballard W2000-00033-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Roy Morgan
The appellant, Ballard, was found guilty by a jury of facilitating first degree murder. Following a sentencing hearing, the trial court imposed a sentence of twenty-five years, the maximum sentence permitted for a class A felony. Ballard now appeals the sentencing decision of the lower court, arguing that the court erred in its application of two enhancing factors and failed to apply a mitigating factor. Finding the record incomplete for review of these issues, the trial court's sentencing determination is afforded the presumption of correctness and the sentence is affirmed.
Henderson
Court of Criminal Appeals
State vs. Darron Lenon W1999-01951-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Dick Jerman, Jr.
In this case the Defendant, Darron Lenon, was found guilty of unlawful delivery of a Schedule II controlled substance, a Class B felony, following a jury trial. The trial court imposed a maximum Range I sentence of twelve years. In this appeal, the Defendant, in three issues, argues that the trial court erroneously applied an enhancement factor; failed to apply a mitigating factor; and failed to follow the mandates of the Tennessee Criminal Sentencing Reform Act of 1989. The Defendant asks this court to reverse the trial court and impose the minimum sentence of eight years. We decline to do so, and therefore affirm the judgment of the trial court.
State vs. Dereke Fitzgerald W2000-01279-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Julian P. Guinn
The appellant, Dereke Emont Fitzgerald, was convicted by a jury of aggravated assault and was sentenced to six years incarceration in the Tennessee Department of Correction. On appeal, the appellant raises one issue: Whether the trial court erred in refusing to instruct the jury on the issue of self-defense. Finding no error, we affirm the judgment.
