COURT OF CRIMINAL APPEALS OPINIONS

State vs. Mark Bryan
W1999-01527-CCA-R3-PC
Authoring Judge: Sr. Judge L. Terry Lafferty
Trial Court Judge: L. Terry Lafferty

03C01-9807-CC-00257
03C01-9807-CC-00257
Trial Court Judge: Ben W. Hooper, II

03C01-9901-CR-00044
03C01-9901-CR-00044
Trial Court Judge: Ray L. Jenkins

03C01-9901-CR-00121
03C01-9901-CR-00121
Trial Court Judge: Ray L. Jenkins

State vs. Stacy Allen Bullard
E1999-00796-CCA-R3-CD
Authoring Judge: Judge Jerry Smith

State vs. Pamela Hopper
W1999-01067-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: John P. Colton, Jr.

State vs. Vincent Sims
W1998-00634-CCA-R3-DD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Joseph B. Dailey

State vs. Vincent Sims
W1998-00634-CCA-R3-DD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Joseph B. Dailey

State vs. James Hankins
W1999-00529-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: W. Fred Axley
James R. Hankins appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief. All of his allegations are without merit, save one. Hankins has established by clear and convincing evidence that his counsel on direct appeal failed to follow the required procedures for withdrawal of counsel under Supreme Court Rule 14. Accordingly, we affirm in part, reverse in part, and vacate and reinstate our judgment in Hankins' direct appeal.

State vs. Kelly Haynes
W1999-01485-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Roger A. Page

State vs. Tony Martin
W2001-02221-CCA-R3-CD
Trial Court Judge: Bernie Weinman

State vs. Jeffery Ray Jennings
E1999-00848-CCA-R3-CD
Authoring Judge: Judge Jerry Smith

State vs. Darrell Baker
M1999-00272-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Timothy L. Easter

State vs. James Matthew Lawrence
M1999-00004-CCA-R3-CD
Authoring Judge: Judge John H. Peay

Rudy Wendell Myers vs. State
M1999-00498-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: J. Curtis Smith

03C01-9803-CR-00118
03C01-9803-CR-00118

E1999-01465-CCA-R3CD
E1999-01465-CCA-R3CD
Trial Court Judge: D. Kelly Thomas, Jr.

State vs. Jerry Travis
W1999-01089-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Julian P. Guinn

State vs. Kawaski Taylor
W1998-00656-CCA-R3-CD
Authoring Judge: Judge David H. Welles

State vs. Jeffrey Eugene Wright, a.k.a Jeffrey Eugene Arnell
M1999-00647-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Walter C. Kurtz

State vs. Henry DeQuan Rhodes
M1999-959-CCA-R3-CD
Trial Court Judge: J. O. Bond

M1998-00118-CCA-R3-CD
M1998-00118-CCA-R3-CD
Authoring Judge: Sr. Judge L. Terry Lafferty
Trial Court Judge: Robert W. Wedemeyer

State of Tennessee v. Khanh V. Le
W1998-00637-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle

The lead opinion of Judge Ogle, the separate concurring opinion of Judge Welles, and the separate opinion of Judge Woodall concurring in part and dissenting in part, filed in this case on March 6, 2000, are withdrawn.

State of Tennessee v. Khanh V. Le
W1998-00637-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge W. Fred Axley

On November 10, 1997, the appellant, Khanh V. Le, was convicted by a jury in the Shelby County Criminal Court of first degree murder. The trial court sentenced the appellant to life imprisonment in the Tennessee Department of Correction.  In this appeal as of right, the appellant presents the following issues for our review:

(I) Whether the evidence is sufficient to sustain the appellant’s conviction of first degree murder;

(II) Whether the trial court erred by refusing to charge any lesser included offenses to first degree murder;

(III) Whether the trial court erred by denying the appellant’s motion to suppress identification testimony.

Following a review of the record and the parties’ briefs, we affirm the judgment of the trial court.

State of Tennessee v. Khanh V. Le - Concurring and Dissenting
W1998-00637-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge W. Fred Axley

I concur with Judge Ogle’s opinion concerning the issue of sufficiency of the evidence to sustain the conviction for first degree murder and the issue regarding the suppression of identification testimony. I concur that the trial court did not err by refusing to charge voluntary manslaughter as a lesser-included offense.  I also concur that the trial court erred by failing to charge second degree murder as a lesser-included offense. However, I dissent from the majority opinion’s conclusion that this error was not reversible error.