COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Kenneth D. Melton
M1999-01248-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Jane W. Wheatcraft

The appellant, Kenneth D. Melton, was convicted by a jury in the Sumner County Criminal Court of disorderly conduct, a class C misdemeanor. The trial court imposed a sentence of thirty days incarceration in the Sumner County Jail. The court then suspended all but five days of the appellant's sentence, placing the appellant on unsupervised probation for the remainder. On appeal, the appellant presents the following issues: (1) whether the indictment provided adequate notice to the appellant of the charged offense; and (2) whether the evidence adduced at trial supports his conviction of disorderly conduct. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court.

State of Tennessee vs. James A. Shively
M1999-01072-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Henry Denmark Bell

Having pled guilty to various counts of aggravated burglary, robbery, auto theft, and theft, the defendant appeals from his sentences. He argues that the trial court improperly imposed consecutive sentences and that his effective twelve-year sentence is therefore excessive. After a de novo review, we affirm the sentences as imposed.

State of Tennessee v. Aaron McFarland - Concurring
W1999-01410-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Arthur T. Bennett

The majority finds the defendant's suppression issue non meritorious under Fifth Amendment analysis. While I do not disagree with the analysis, I believe the factual scenario presented requires review under Sixth Amendment analysis. At both the suppression hearing and at trial, the interviewing officer testified that the defendant "had been arrested the night before by uniformed officers and was in juvenile court." The defendant was interviewed the following morning around 11:00 a.m., after the officer "checked him out of juvenile court" and transported him to the police department's homicide division. I can only assume from these facts that, at the time of the police questioning, the defendant had been charged with the homicide of Terrell Deon Bullard. If this assumption is correct, then adversarial proceedings had been initiated and the defendant's Sixth Amendment, rather than his Fifth Amendment right to counsel, had attached.

State of Tennessee v. Aaron McFarland
W1999-01410-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Arthur T. Bennett

The defendant was convicted of first degree murder and sentenced to life with the possibility of parole. On appeal, he has presented as issues that the trial court should have suppressed his confession and that the evidence was insufficient to sustain his conviction. Based upon our review, we affirm the judgment of the trial court.

State of Tennessee v. Kelly Anne Newmon
W1999-01497-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Lee Moore

This appeal arises from a guilty verdict returned by a Carroll County jury against the defendant for two counts of delivering less than 0.5 grams of cocaine. On appeal, the defendant challenges her convictions on the basis that the introduction of evidence bolstering the informant's testimony was plain error, and the evidence was not sufficient to support the verdict. After a careful review of the record, we affirm the judgment of the trial court.

Steve Barker v. State of Tennessee
W1999-00544-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge J. Steven Stafford

Petitioner appeals the denial of his petition for post-conviction relief. Prior to entering a guilty plea in the instant case, the petitioner had been sentenced to twelve years for other state convictions and a consecutive 105 months on federal charges. Petitioner entered a plea of guilty to the current charges, which included six counts of theft over $1,000 and one count of burglary, Class D felonies, and nineteen counts of aggravated burglary, Class C felonies. Pursuant to a negotiated agreement, the petitioner received an effective sentence of eighteen years as a Range I, standard offender. The agreement provided that this sentence would be served concurrently with both his prior state and federal sentences. The petitioner now claims that, but for counsel's ineffective assistance, he would not have pled guilty. Following a review of the record, we find trial counsel was not ineffective and affirm the judgment of the trial court.

State of Tennessee v. Patricia Merriweather
W1999-01711-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Roy B. Morgan, Jr.

The defendant pled guilty in 1990 to thirty-two Class A misdemeanors, consisting of violations of the bad check law, and was placed on probation. During the probationary period, which was scheduled to end in 1994, the defendant was to pay restitution and costs. Shortly before the probationary period ended, the defendant signed an agreement, presented by her probation officer, extending indefinitely the probation so that restitution and costs could be paid. The trial court approved this extension. Probation violation reports were filed in 1997 and 1999, the court revoking the probation in 1999. The defendant timely appealed, arguing that the trial court was without authority to extend the probationary period without a hearing and to extend the period indefinitely. Based upon our review, we conclude that the defendant's probationary period ended in 1994, and we reverse the judgment of the trial court.

State of Tennessee v. David Alan Hurst
W1999-01860-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge John Franklin Murchison

The defendant appeals his convictions for two counts of aggravated assault and two counts of simple assault and the consecutive five-year sentences imposed for the aggravated assaults. The defendant raises the following issues in this appeal: 1) whether evidence presented at trial was sufficient to sustain the guilty verdicts, and 2) whether the trial court erred by imposing consecutive sentences for the two aggravated assault convictions. We affirm the judgment of the trial court.

State of Tennessee v. Henry Lee Berry
E1999-00704-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Richard R. Baumgartner

Henry Lee Berry appeals his Knox County conviction for second degree murder. Berry contends that (1) the evidence is insufficient to support his conviction; (2) the trial court erroneously admitted into evidence two recorded 911 telephone calls and an order of protection entered against the appellant by the victim; and (3) the trial court erred by failing to grant a mistrial when evidence of a pending rape charge in Nashville was introduced before the jury. Additionally, the appellant urges adoption of DNA testing on decomposed bodies to positively establish the identity of the victim. Although we conclude that admission of the 911 telephone calls and the order of protection was error, the error was harmless. Moreover, finding no other reversible error of law, we affirm the judgment of conviction entered by the trial court.

State of Tennessee vs. James T. Cooper
M1999-01132-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Stella L. Hargrove

The defendant appeals the trial court's revocation of his probation, based on his failing a drug screen and his delinquency in paying court costs. We hold that the record is insufficient to support the trial court's finding of delinquent payments. However, the failing of the drug screen served as a sufficient basis for the revocation. We affirm the trial court's order. .

Donna Jean Sexton v. State of Tennessee
E1999-02226-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Lynn W. Brown

State vs. Lester Douglas Giles
E1999-02236-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Carroll L. Ross
On June 21, 1999, the defendant pled guilty in the Monroe County Criminal Court to attempted rape and was sentenced to four years as a Range I standard offender. The sentence was suspended, and he was placed on probation. On July 6, 1999, a probation violation was issued, alleging that the defendant had violated his probation by having contact with the victim's family. Following a hearing on August 16, 1999, the trial court ruled that the defendant had violated the terms of his probation, a ruling which the defendant timely appealed. Based upon our review, we reverse the judgment of the trial court and reinstate the defendant's probation.

State of Tennessee v. Michael F. Maraschiello
M1997-00049-CCA-R10-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Robert W. Wedemeyer

Rodney Buford vs. State
M1999-00487-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Timothy L. Easter
The petitioner, Rodney Buford, is serving an effective sentence of life plus twenty years. His petition for habeas corpus relief was properly dismissed by the trial court because the judgment is not facially invalid and the sentence has not been served.

George Todd vs. State
M1999-00976-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: L. Craig Johnson
The Defendant appeals from the trial court's dismissal of his petition for post-conviction relief. The trial court found that the petition was barred by the statute of limitations. We affirm the judgment of the trial court.

George Todd vs. State
M1999-00976-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: L. Craig Johnson

The Defendant appeals from the trial court's dismissal of his petition for post-conviction relief. The trial court found that the petition was barred by the statute of limitations. We affirm the judgment of the trial court.

State of Tennessee v. Christopher Kevin Padgett
M2000-00038-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Leon C. Burns, Jr.

State vs. Edward T. Flye
M1999-01183-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
The defendant, Edward T. Flye, challenges the sufficiency of the evidence used to convict him of aggravated burglary and evading arrest. Because the evidence is adequate to support the convictions, the judgment of the trial court is affirmed.

State vs. John Wayne Gray
M1999-01615-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Buddy D. Perry
The Defendant, John Wayne Gray, appeals as of right from his conviction of the sale of a schedule II controlled substance. On appeal, he argues (1) that the trial court erred by failing to grant his motion for acquittal or directed verdict because the State failed to establish circumstances and facts that would provide for a reasonable assurance of the identity of the evidence and because the State failed to establish an unbroken chain of custody; (2) that the evidence was insufficient as a matter of law to support the jury verdict; and (3) that the trial court erred in sentencing the Defendant to a mid-range sentence as a Range III offender. We find no error. Accordingly, we affirm the judgment of the trial court.

William Lavern Davis vs. State
M2000-00341-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: William Charles Lee
The petitioner argues that in finding that his trial counsel was not ineffective and denying his post-conviction petition, the petitioner appeals from the trial court's denial of his post-conviction petition. He argues that the trial court erred by finding that his trial counsel was not ineffective. The trial court's order is affirmed.

State vs. Daniel Joe James
M1999-1423-CCA-R3-CD
Trial Court Judge: Buddy D. Perry
On September 9, 1998, the Defendant, Daniel Joe James, was charged with possession of a controlled substance with intent to deliver. The Defendant was convicted by a jury of simple possession of a controlled substance. He received a sentence of eleven months and twenty-nine days probation and was fined $2,500.00. The Defendant now challenges the sufficiency of the convicting evidence. On appeal, the State has conceded that the evidence is insufficient to support a conviction. After a careful examination of the record, we agree that there is insufficient evidence against the Defendant to support a conviction. Therefore, we reverse the judgment of the trial court.

State vs. Bobby Perkins
W1999-01368-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: J. Steven Stafford
The defendant, Bobby Earl Perkins, appeals his conviction for especially aggravated robbery, contending that the trial court erred (1) by allowing a witness to testify about the defendant's statement a year before the robbery that he planned to rob the victim, (2) by allowing a police officer to testify to statements the victim made regarding the defendant, and (3) by sentencing the defendant to twenty-one years. We affirm the conviction, but we modify the sentence to twenty years.

State vs. Selina Harrelson
W1999-00521-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: C. Creed Mcginley
The defendant, Selina G. Harrelson, was convicted of possession of one-half gram or more of cocaine with intent to sell. She contends that the officer did not have probable cause to search the truck with the drug detection dog; that the evidence is insufficient to show that she possessed crack cocaine; and that the trial court should have imposed a sentence alternative to incarceration. We hold that the defendant lacked a reasonable expectation of privacy in the truck to contest the search and that, in any event, the officer had probable cause. We hold that the evidence is sufficient to support the conviction and that the trial court properly sentenced the defendant to incarceration. We affirm the judgment of conviction.

State vs. Robin Vanhoose
W1999-00708-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: C. Creed Mcginley
The defendant was convicted by a Hardin County jury of aggravated assault and received an eight-year sentence as a Range II multiple offender. He now appeals his conviction alleging (1) the indictment does not state an offense; and (2) the evidence is insufficient to support aggravated assault. We conclude the indictment adequately informed the defendant of the offense charged, and the evidence presented at trial was sufficient for the jury to conclude he was guilty of aggravated assault. Thus, the judgment of the trial court is affirmed.

State vs. Carl Couch
W1999-00645-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: C. Creed Mcginley
The defendant appeals his split sentence of 60 days confinement plus 1 year and 4 months of probation for the offense of reckless endangerment with a deadly weapon. The defendant contends in this appeal that the trial court erred in denying him total probation. We affirm the judgment of the trial court.