COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee vs. Douglas Bowers
M1999-00778-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Judge W. Charles Lee

A Lincoln County jury convicted the appellant, Douglas Bowers, of one (1) count of the delivery of 0.2 grams of cocaine, a Class C felony. The trial court sentenced the appellant as a Range II offender to nine (9) years and six (6) months incarceration. On appeal, the appellant contends that: (1) the evidence is insufficient to sustain his conviction; (2) the trial court erred in denying the appellant's request to instruct the jury on the "procuring agent defense"; and (3) the sentence imposed by the trial court was excessive. After thoroughly reviewing the record before this Court, we conclude that the state presented sufficient evidence to sustain the appellant's conviction for delivery of a Schedule II controlled substance. Furthermore, because the "procuring agent defense" has been abolished by statute, the trial court did not err in failing to so instruct the jury. Finally, we conclude that the sentence imposed by the trial court was appropriate. The judgment of the trial court is affirmed.

Lincoln Court of Criminal Appeals

State of Tennessee v. John H. Childress
M1999-00843-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Frank G. Clement, Jr.

The Defendant was found guilty by a Davidson County jury of driving with a blood alcohol concentration of .10 percent or more (D.U.I. per se) and driving on a revoked license. In this appeal as of right, he argues that the trial court erred by admitting the results of his breathalyzer test because the admission of this evidence in a D.U.I per se case violates a defendant's confrontation rights. We hold that the trial court did not err by admitting the Defendant's breath test results. Accordingly, we affirm the Defendant's conviction.

Davidson Court of Criminal Appeals

Frank Holiday v. State of Tennessee
M1999-01010-CCA-R3-PC
Authoring Judge: Judge L. Terry Lafferty
Trial Court Judge: Judge Seth W. Norman

The appellant/petitioner, Frank Holiday, appeals as of right from a dismissal of his petition for post-conviction relief by the Davidson County Criminal Court on the basis that the petition was barred by the statute of limitations. The petitioner, pro se, presents one appellate issue: Did the trial court err in failing to appoint counsel and conduct an evidentiary hearing in this matter, in view of the egregious failure of counsel to protect the petitioner's right to an appeal, and if not, is the petitioner entitled to a delayed appeal?

Davidson Court of Criminal Appeals

State vs. Jeffrey L. Hammons
M1999-00756-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: J. O. Bond

Wilson Court of Criminal Appeals

State vs. Jayson Soriano
M1999-00999-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Seth W. Norman

Davidson Court of Criminal Appeals

State vs. Glenn A. Saddler
M1999-00934-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: James O. Bond

Wilson Court of Criminal Appeals

State vs. DeJuan Jacques Scott
M1999-01672-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Cheryl A. Blackburn

Davidson Court of Criminal Appeals

Durroccus D. Harris vs. State
M1999-02171-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Trial Court Judge: James K. Clayton, Jr.

Rutherford Court of Criminal Appeals

State of Tennessee v. Christopher D. Thacker
M1999-01426-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: J. Curtis Smith

Sequatchie Court of Criminal Appeals

State vs. James Malcolm Davis
M2000-00089-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Stella L. Hargrove

Wayne Court of Criminal Appeals

State vs. David Barron
W1999-01134-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: C. Creed Mcginley

Carroll Court of Criminal Appeals

State vs. Sonny Yarbro
W1999-01469-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Carolyn Wade Blackett

Shelby Court of Criminal Appeals

State of Tennessee v. Sonny Yarbro
W1999-00770-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: C. Creed Mcginley

Hardin Court of Criminal Appeals

State vs. Lawrence White
W1999-00735-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: C. Creed Mcginley

Hardin Court of Criminal Appeals

State vs. Scotty Murphy
W1999-00728-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: C. Creed Mcginley

Hardin Court of Criminal Appeals

State vs. Mark Steven Marlowe
E1998-00873-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: W. Lee Asbury

Union Court of Criminal Appeals

State vs. John Farner
E1999-00491-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: R. Jerry Beck

Sullivan Court of Criminal Appeals

Tracy Allen Clough vs. State
E1999-02145-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Ray L. Jenkins

Knox Court of Criminal Appeals

State vs. Howard Lanier
W1999-01146-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: J. Steven Stafford

Dyer Court of Criminal Appeals

State vs. Tony Mabry
W1999-01438-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Joseph B. Dailey

Shelby Court of Criminal Appeals

State vs. John Melson
W1999-00523-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: C. Creed Mcginley

Hardin Court of Criminal Appeals

State vs. Larry Currie, etc.
W1999-01532-CCA-R3-CD
Authoring Judge: Sr. Judge L. Terry Lafferty
Trial Court Judge: Julian P. Guinn

Henry Court of Criminal Appeals

State vs. James Echols
W1999-02394-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: John Franklin Murchison

Madison Court of Criminal Appeals

State vs. James Conrad
W1999-00650-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Joseph B. Dailey

Shelby Court of Criminal Appeals

State v. James Conrad, No. W1999-00650-Cca-R3-Cd, 2000 Wl 33288751, At *1 (Tenn. Crim.
W2002-01678-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: James C. Beasley, Jr.

Shelby Court of Criminal Appeals