COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee vs. Jason Burns
01C01-9809-CC-00371
Authoring Judge: Judge John H. Peay
Trial Court Judge: Judge Donald P. Harris

A jury found the defendant guilty of aggravated child abuse and neglect, and he received an eighteen year sentence in the Tennessee Department of Correction. He now appeals, raising the following issues:

I. Whether the convicting evidence is sufficient;
II. Whether the trial court erred in admitting testimony from a Department of Child Services investigator that the victim cried at the mention of the defendant’s name;
III. Whether the trial court erred in failing to suppress his statements to the police on the basis his mental incompetence prevented a knowing and voluntary waiver of his Miranda rights; and
IV. Whether the trial court erred in not allowing educators to testify about the defendant’s mental abilities unless the defendant first testified.

Finding no merit to the defendant’s arguments, we affirm his conviction.

Jacques Bennett vs. State of Tennessee
03C01-9809-CR-00338
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Douglas A. Meyer

The petitioner, Jacques B. Bennett, appeals the summary dismissal of his “Motion to Vacate/Set Aside Judgment/Plea: and, to Declare Said Judgment/Plea Void” by the Hamilton County Criminal Court on January 9, 1998. Following a thorough review of the record, we conclude that this is an appropriate case for affirmance pursuant to Ct. of Crim. App. Rule 20.

State of Tennessee v. Johnny Leach
03C01-9810-CR-00373
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge W. Lee Asbury

The defendant, Johnny Leach, appeals the order of the Criminal Court of Campbell County denying his request to withdraw his guilty plea to two counts of aggravated sexual battery. On July 2, 1998, the defendant entered his plea and received two ten-year sentences to be served concurrently. Because the defendant’s plea became final on the date of entry of the plea pursuant to the plea agreement, we conclude that his motion to withdraw was untimely.  Accordingly, we AFFIRM the judgment of the trial court.

01C01-9806-CR-00265
01C01-9806-CR-00265
Trial Court Judge: Jane W. Wheatcraft

State vs. Jackie Dean Mayes, Jr.
01C01-9812-CC-00494

Charles Gaylor vs. State
03C01-9702-CR-00066
Trial Court Judge: James W Itt

State vs. Glen Porter
03C01-9808-CR-00294

State vs. James Gilbert
03C01-9808-CC-00303
Trial Court Judge: Rex Henry Ogle

State vs. Harold Dufour
03C01-9902-CR-00063
Trial Court Judge: James Curwood Witt

State vs. Teresa Everett
E1999-02647-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: E. Eugene Eblen
Following a trial on September 28, 1998, a Loudon County jury convicted Teresa Everett, the defendant and appellant, of attempt to commit second-degree murder. The trial court subsequently sentenced her to serve fifteen (15) years in the Tennessee Department of Corrections. The defendant presents the following issues on appeal (1) Whether the evidence was sufficient to convict her; (2)Whether the trial court erred by allowing improper impeachment; (3) Whether the trial court erred by allowing a lay-witness to testify to his opinion; (4) Whether the trial court erred by allowing the state to introduce character evidence; (5) Whether the state's closing arguments were improper; and (6) Whether the defendant should be granted a new trial based on newly discovered evidence. Although the evidence is sufficient to support the verdict, we find the cumulative effect of all the remaining errors deprived the defendant of a fair trial. Accordingly, we reverse the judgment of the trial court and remand the case for a new trial.

State vs. Dennis Wade Suttles
03C01-9801-CR-00036

Alfonzo T. Peck vs. State
03C01-9809-CR-00329
Trial Court Judge: Douglas A. Meyer

Rocky Hipps vs. State
03C01-9807-CC-00237
Trial Court Judge: D. Kelly Thomas, Jr.

State vs. Timothy V. Bowling
03C01-9805-CR-00167
Trial Court Judge: Lynn W. Brown

State vs. James David Shropshire
E1998-00872-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Richard R. Baumgartner
In March 1996, James David Shropshire, the defendant and appellant, was convicted in the Knox County Criminal Court of aggravated sexual battery and simple assault. Following the jury's verdict, the trial court dismissed the simple assault charge. On appeal, the defendant challenges his conviction for aggravated sexual battery. He raises the following issues: (1) whether the evidence was sufficient to support the conviction; (2) whether a variance between the bill of particulars and the proof adduced at trial was fatal; (3) whether the defendant's conviction violated the double jeopardy clauses of the United States and Tennessee Constitutions; (4) whether the state made improper closing arguments; and (5) whether the trial court erred in allowing the state to introduce evidence that the defendant had committed prior bad acts. Because the jury heard evidence that the defendant committed a crime other than that for which he was on trial, which was the subject of an acquittal, the judgment of the trial court is reversed.

State vs. Cedron Orgain
01C01-9808-CC-00334
Trial Court Judge: Robert W. Wedemeyer

State vs. Bruce Edward Rochefort
01C01-9902-CR-00029

Willie Lee Benford vs State
01C01-9905-CR-00157

Thomas Eugene Graham vs. State
03C01-9809-CR-00337

State vs. Blane Scott Holder
03C01-9812-CC-00439

State vs. James Oakley
03C01-9808-CR-00297

State vs. James Cannon
03C01-9808-CR-00272
Trial Court Judge: Stephen M. Bevil

State vs. Fred W. Kincaid, Jr.
03C01-9707-CR-00306
Trial Court Judge: D. Kelly Thomas, Jr.

Willie Witherspoon vs. State
01C01-9809-CC-00363

State vs. Frank C. Bright, Jr .
01C01-9807-CR-00291
Trial Court Judge: J. Randall Wyatt, Jr.