COURT OF CRIMINAL APPEALS OPINIONS

State vs. Cedric Dickerson
02C01-9802-CR-00051

Shelby Court of Criminal Appeals

State vs. Timothy Wayne Reece
03C01-9803-CR-00098
Trial Court Judge: Arden L. Hill

Carter Court of Criminal Appeals

State vs. Marty Thatcher
03C01-9710-CC-00446
Trial Court Judge: D. Kelly Thomas, Jr.

Blount Court of Criminal Appeals

State vs. Robert Gillespie
03C01-9710-CC-00455

Rhea Court of Criminal Appeals

State vs. Leonard Prater
01C01-9710-CC-00499

Coffee Court of Criminal Appeals

State vs. Leonard Prater
01C01-9710-CC-00499

Coffee Court of Criminal Appeals

State vs. Paul Dejongh
03C01-9806-CR-00211
Trial Court Judge: Ray L. Jenkins

Knox Court of Criminal Appeals

William Terry Wyatt
03C01-9802-CC-00057
Trial Court Judge: Thomas W. Graham

Bledsoe Court of Criminal Appeals

State vs. Torayo Brown
W2000-00472-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Jon Kerry Blackwood
The defendant, Torayo Olandis Brown, was convicted of possessing with intent to deliver more than .5 grams of cocaine, a class B felony. The trial court imposed a sentence of eight years and nine months, ordering eight months to be served in the local jail and the balance to be served in a community corrections program. In this appeal of right, the defendant contends that (1) the evidence is insufficient to support his conviction; (2) the trial court erred by allowing the state to impeach him with a prior conviction; and (3) the state improperly argued that he was impeached by the prior conviction. Because of plain error in the trial court's failure to provide a limiting instruction relating to the impeachment evidence, the judgment is reversed and the cause is remanded for a new trial.

Hardeman Court of Criminal Appeals

James Judd vs. State
01C01-9805-CR-00204

Davidson Court of Criminal Appeals

02S01-9804-CH-00041
02S01-9804-CH-00041

Obion Court of Criminal Appeals

State vs. CarlosHayes
02C01-9712-CR-00483

Shelby Court of Criminal Appeals

03C01-9709-CC-00434
03C01-9709-CC-00434
Trial Court Judge: Richard R. Vance

Sevier Court of Criminal Appeals

State vs. Graves
03C01-9803-CC-00090
Trial Court Judge: Richard R. Vance

Jefferson Court of Criminal Appeals

State vs. Zip Gillespie
02C01-9703-CR-00088

Shelby Court of Criminal Appeals

State vs. David Keen
02C01-9709-CR-00365
Trial Court Judge: John P. Colton, Jr.

Shelby Court of Criminal Appeals

State vs. Jackie Ozier
W1999-01478-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Roy B. Morgan, Jr.

Madison Court of Criminal Appeals

State vs. Delores Smith & David Robinson
01C01-9609-CR-00412

Putnam Court of Criminal Appeals

Ricky Brown vs. State
01C01-9708-CR-00363
Trial Court Judge: Ann Lacy Johns

Davidson Court of Criminal Appeals

State vs. Jeff Warfield
01C01-9711-CC-00504

Maury Court of Criminal Appeals

State vs. Jeffery Holder
01C01-9801-CC-00044

Lincoln Court of Criminal Appeals

03C01-9804-CC-00145
03C01-9804-CC-00145
Trial Court Judge: D. Kelly Thomas, Jr.

Blount Court of Criminal Appeals

State vs. Keffer
03C01-9709-CC-00413

Sevier Court of Criminal Appeals

State of Tennessee vs. Mark Crites
01C01-9711-CR-00512
Authoring Judge: Senior Judge L. T. Lafferty
Trial Court Judge: Judge Jane W. Wheatcraft

Mark Crites appeals from the revocation of his community corrections sentence. He challenges both the propriety of that revocation and his resentencing, arguing that: (1) the trial court abused its discretion in revoking his community corrections sentence; (2) the trial court misapplied certain enhancement factors and that his sentences are, therefore, excessive; and (3) the trial court erred in ordering consecutive sentencing. After careful review of the record and arguments of counsel, we conclude the trial court relied upon improper evidence in revoking the community corrections sentence. We remand for another revocation hearing.

Sumner Court of Criminal Appeals

State of Tennessee vs. Roy D. Nelson, Jr.
03C01-9710-CR-00454
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Lynn W. Brown

The defendant, Roy D. Nelson, stands convicted of burglary, aggravated burglary, aggravated arson and possession of marijuana as a result of his efforts to blow up his ex-wife's home. Nelson received his convictions at the conclusion of a jury trial in the Washington County Criminal Court. A Range III offender, Nelson is presently serving an effective 62-year sentence in the Department of Correction for his crimes.1 In this direct appeal, Nelson claims he was improperly convicted of aggravated arson because he, rather than another person, suffered the serious bodily injury relied upon to elevate the offense from arson to aggravated arson. Having reviewed the appellate record, the arguments of the parties and the applicable law, we affirm the judgment of the trial court.

Washington Court of Criminal Appeals