COURT OF CRIMINAL APPEALS OPINIONS

State vs. Calvin Otis Tankesly
M2000-00135-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Jane W. Wheatcraft

Sumner Court of Criminal Appeals

State vs. William Davis, Jr.
M1999-01738-CCA-R3-CD

Montgomery Court of Criminal Appeals

State vs. Ricky Dale Langford
M1999-01740-CCA-R3-CD
Trial Court Judge: Leonard W. Martin

Cheatham Court of Criminal Appeals

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X2010-0000-XX-X00-XX

Davidson Court of Criminal Appeals

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
Trial Court Judge: Donald P. Harris

Williamson Court of Criminal Appeals

State vs. Frankie E. Casteel
E1999-00076-CCA-R3-CD
Trial Court Judge: Douglas A. Meyer
Following a jury trial, the defendant was convicted of the first-degree murders of Richard Mason, Kenneth Griffith and Earl Smock in the Hamilton County Criminal Court, Douglas A. Myer, J., and the defendant appealed. The Court holds (1) that the trial court's failure to follow statutory procedures before admitting evidence that the defendant had committed prior bad acts was harmless error; (2) evidence that the defendant had threatened trespassers was properly admitted; (3) the evidence was sufficient to convict the defendant; (4) failure to swear-in the jury prior to voir dire was at most harmless error where the jury was impaneled in another county and sworn in there; (5) the trial court did not abuse its discretion in refusing to allow the defendant to present alternative perpetrator evidence when that evidence was too far removed in time and place to connect it to the murders; (6) the trial court's failure to suppress evidence found on the defendant's property was proper because the evidence was seized during a search for the victims; (7) testimony about the contents of incriminating letters and newspaper articles was necessary to explain the defendant's attempt to destroy them; (8) the trial court properly allowed the state to cross examine the defendant about items seized from his home; but (9) the admission of five hours of an extremely prejudicial conversation between the defendant, his wife and his mistress in order to allow the jury to hear one adoptive admission was reversible error, especially when (10) the state relied on the unfairly prejudicial portion of the conversation when arguing its case to the jury in order to highlight the defendant's character. Reversed and remanded.

Hamilton Court of Criminal Appeals

State of Tennessee v. Marico Finnie
W2004-02166-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: John P. Colton, Jr.

Shelby Court of Criminal Appeals

State vs. Dennis Bondon
W1999-01686-CCA-R3-CD
Trial Court Judge: Chris B. Craft

Shelby Court of Criminal Appeals

W1998-00455-CCA-MR3-CD
W1998-00455-CCA-MR3-CD
Trial Court Judge: James C. Beasley, Jr.

Shelby Court of Criminal Appeals

03C01-9810-CR-00376
03C01-9810-CR-00376
Trial Court Judge: D. Kelly Thomas, Jr.

Blount Court of Criminal Appeals

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Trial Court Judge: Seth W. Norman

Davidson Court of Criminal Appeals

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Marshall Court of Criminal Appeals

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Davidson Court of Criminal Appeals

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Sumner Court of Criminal Appeals

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Davidson Court of Criminal Appeals

Victor James Cazes v. State of Tennessee
W1998-00386-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Chris Craft

The petitioner, Victor James Cazes, appeals as of right from the order of the Shelby County Criminal Court denying him post-conviction relief from his 1990 convictions for felony murder,  aggravated rape and first degree burglary. The petitioner was sentenced to death for the murder conviction and received twenty-five-year and six-year sentences, respectively, for the aggravated rape and burglary convictions. The judgments of conviction were affirmed on direct appeal. State v. Cazes, 875 S.W.2d 253 (Tenn. 1994). In this post-conviction appeal, the petitioner raises the  following issues:

Shelby Court of Criminal Appeals

State of Tennessee vs. Ronald Wayne Smith
M1999 01439 CCA R3 CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Allen Wallace

The Defendant, Ronald W ayne Smith, pleaded guilty in the C ircuit Court of Dickson County to possession of cocaine for resale and possession of marijuana for resale, reserving a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). The certified question of law is whether there were sufficient spec ific and articu lable facts to justify the stop of the Defendant’s vehicle and/or whether the duration of the stop excessive. We find that there were not sufficient specific and articulabe facts to justify the stop of the Defendant’s vehicle. Because we conclude that the stop was illegal, we reverse the order of the trial judge overruling the motion to suppress.

Dickson Court of Criminal Appeals

State of Tennessee vs. Ronald Reece Cross
E1998-00364-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge R. Jerry Beck

On July 21, 1998, Ronald Reece Cross (the “defendant”) pled gu ilty to the following charges arising out of a single incident: violating an habitual traffic offender order, evading arrest, driving under the influence of alcohol (eighth offense), running a stop sign, reckless driving, and violation of registration. Following a sentencing hearing on the above charges, the trial court denied alternative sentencing for the defendant, and instead ordered the defendant to serve an effective ten (10) year, eleven (11) month, and twenty-nine (29) day sentence. The issues on appeal are: (1) whether the trial court erred in denying alternative sentencing to the defendant, and (2) whether the trial court erred in ordering the defendant to serve consecutive sentences. Because we find that the trial court sentenced the defendant appropriately, we affirm the judgment of the trial court.

Sullivan Court of Criminal Appeals

State of Tennessee vs. Arthur Copeland
E1999-00044-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Seth W. Norman

The appellant, Arthur Copeland, was convicted by a Blount County jury of one (1) coun t of simple assa ult, a Class A misdemeanor. The trial court sentenced him to eleven (11) months and twenty-nine (29) days in the county jail and ordered tha t the appellant’s sentence for assault run consecutively to his sentence for a prior aggravated robbery conviction. On appeal, the appellant claims that the trial court erred in (1) im posing sentence immediately after the jury rendered its verdict without affording the appellant a separate sentencing hearing; and (2) ordering consecutive sentences. After thoroughly reviewing the record before this Court, we conclude that th ere is no evidence in the record to support the trial court’s imposition of consecutive sentences. Therefore, this case is remanded to the trial court for another sentencing hearing.

Blount Court of Criminal Appeals

John Paul Seals vs State of Tennessee
C.C.A. 03C01-9903-CC-00
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge James E. Beckner

The petitioner, John Paul Seals, entered a guilty plea to first degree murder on December 12, 1988. The state had originally sought the death penalty. The trial court imposed a life sentence. Six years later, the petitioner filed a petition for writ of habeas corpus or, in the alternative, post-conviction relief. The trial court, which treated the petition as one for post-conviction relief, dismissed based upon the statute of limitations. This court affirmed on direct appeal. John Paul Seals v. State, No. 03C01-9409-CR-00319 (Tenn. Crim. App., at Knoxville, Feb. 22, 1995), perm. app. denied, (Tenn. 1995). On January 7, 1998, the petitioner filed this claim for post-conviction relief alleging several constitutional violations. The petitioner argued that the statute of limitations should not apply because he had been mentally incompetent since before the commission of the offense. The petitioner also contended that none of the grounds had been waived or previously determined because the first petition had been filed by someone other than himself. The trial court summarily dismissed the petition at the preliminary stage. See Tenn. Code Ann. § 40-30-206(a), (f). In John Paul Seals v. State, No. 03C01-9802-CC-00050 (Tenn. Crim. App., at Knoxville, Jan. 6, 1999), this court reversed and remanded the cause to the trial court to allow the petitioner to present evidence on the issue of his mental capacity as it related to the statute of limitations: If the petitioner carries his burden of proving facts which require tolling the statute of limitations due to mental incompetence, then the trial court shall proceed to the merits of the constitutional issues presented in the petition. On the other hand, if the petitioner does not carry his burden of proving mental incompetence as regards the statute of limitations, the trial court shall dismiss the petition as untimely. Id., slip op. at 8.

Hamblen Court of Criminal Appeals

01C01-9901-CC-00027
01C01-9901-CC-00027
Trial Court Judge: Robert E. Burch

Cheatham Court of Criminal Appeals

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Trial Court Judge: Timothy L. Easter

Williamson Court of Criminal Appeals

03C01-9810-CR-00358
03C01-9810-CR-00358
Trial Court Judge: Leon C. Burns, Jr.

Cumberland Court of Criminal Appeals

03C01-9906-CR-00222
03C01-9906-CR-00222
Trial Court Judge: James E. Beckner

Greene Court of Criminal Appeals

Melvin Sawyer vs. State
01C01-9811-CR-00440

Davidson Court of Criminal Appeals