COURT OF CRIMINAL APPEALS OPINIONS

Mark L. Grimes v. Fred Rainey, Warden
W2002-01583-CCA-R3-CO
Authoring Judge: Judge Jerry Smith
Trial Court Judge: R. Lee Moore Jr.

Supreme Court'S Recent Opinion In Hicks v. State, 945 S.W.2D 706 (Tenn. 1997), We Find
01-9801-CC-00027

Gregory Scott Spooner vs. State
E2004-02160-CCA-R3-HC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: James E. Beckner
The petitioner, Gregory Scott Spooner, appeals from the trial court's order dismissing his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petition fails to establish a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.

01C01-9707-CC-00315
01C01-9707-CC-00315

State vs. Bruce Reliford
W1999-00826-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: W. Fred Axley
This direct appeal follows dismissal of the appellant's motion at the trial level for a "Correction/Reduction" of his sentences. The appellant is currently serving an effective sentence of life without parole after pleading guilty in 1995 to the offenses of first degree murder, two counts of aggravated robbery and one count of aggravated assault. He argues that his sentences are illegal and are subject to correction because (1) his life sentence is in direct contravention of statutory authority and (2) his negotiated plea agreement with the State is incapable of specific performance. The indictment alleges that these offenses occurred on December 24, 1992. On this date, life without the possibility of parole was not an available sentencing option for first degree murder. Although we find that appellate review of a "Motion for Correction or Reduction" of a sentence is not available, as of right, under Tenn. R. App. P. 3(b), nonetheless, we hold that review is available under the common law writ of certiorari. Upon review of the presented issues, we conclude that the trial court was without authority to impose a sentence of life without the possibility of parole for first degree murder. This conviction and sentence is vacated. Because the appellant's plea agreement encompassed all of his convictions and resulting sentences, we find it necessary upon vacating his first degree murder conviction to also vacate his convictions and sentences for aggravated robbery and aggravated assault. This case is remanded to the trial court for further proceedings.

State vs. Donald Biggs
02C01-9901-CC-00017

State vs. Stephen Stamps
W1999-01716-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: C. Creed Mcginley

02C01-9508-CR-00222
02C01-9508-CR-00222

State vs. Audrey Black
E1999-01391-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: D. Kelly Thomas, Jr.

State vs. Frederick Sledge
W2001-02402-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: James C. Beasley, Jr.
The defendant was convicted of first degree murder and especially aggravated robbery and was originally sentenced to death and twenty years, respectively. The trial court ordered the sentences to be served consecutively. On appeal, this court affirmed both convictions but reversed the death sentence and remanded it for resentencing. On remand, the defendant was sentenced to life imprisonment after a new sentencing hearing. The life sentence was ordered to be served consecutively to the original twenty-year sentence for especially aggravated robbery. The only issue raised on this appeal is whether, on remand, the trial court erred by not reconsidering the issue of consecutive sentencing when resentencing the defendant for the murder conviction. We affirm the sentence as imposed on remand by the trial court.

State vs. Frederick Sledge
W2001-02402-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: James C. Beasley, Jr.
The defendant was convicted of first degree murder and especially aggravated robbery and was originally sentenced to death and twenty years, respectively. The trial court ordered the sentences to be served consecutively. On appeal, this court affirmed both convictions but reversed the death sentence and remanded it for resentencing. On remand, the defendant was sentenced to life imprisonment after a new sentencing hearing. The life sentence was ordered to be served consecutively to the original twenty-year sentence for especially aggravated robbery. The only issue raised on this appeal is whether, on remand, the trial court erred by not reconsidering the issue of consecutive sentencing when resentencing the defendant for the murder conviction. We affirm the sentence as imposed on remand by the trial court.

State of Tennessee v. Robert Lee Smartt
M2005-00176-CCA-R3-CO
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: John W. Rollins

Tony Blan D v. State of Tennessee
W2002-01784-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Carolyn Wade Blackett

Tony Bland v. State of Tennessee
W2002-01784-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Carolyn Wade Blackett

Arthur Ray Lepley
01C01-9903-CR-00084

Joe Utley vs. State of Tennessee
01C01-9709-CR-00428
Authoring Judge: Senior Judge L. T. Lafferty
Trial Court Judge: Judge Seth W. Norman

The appellant, Joe L. Utley, appeals as of right from a judgment of the Davidson County Criminal Court denying his petition for post-conviction relief. The petitioner alleges that trial and appellate counsel rendered ineffective assistance in several areas. After a through review of the record, we REMAND to the trial court with instructions to enter a findings of fact and conclusions of law.

Knight vs. Knight
01A01-9710-CV-00609

01C01-9508-CC-00257
01C01-9508-CC-00257
Trial Court Judge: J. S. Daniel

State of Tennessee v. Ricky Anderson
W2022-00452-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Glenn Ivy Wright

Defendant, Ricky Anderson, appeals his Shelby County convictions for two counts of first
degree premeditated murder, for which he received concurrent life sentences. Defendant
contends that the evidence presented at trial was insufficient to support his convictions and
that the trial court abused its discretion in admitting photographs of one of the deceased
victims. Following a thorough review, we affirm the judgments of the trial court.

Kristina Cole v. State of Tennessee
W2022-01245-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge J. Robert Carter, Jr.

Petitioner, Kristina Cole, appeals the denial of post-conviction relief from her Shelby
County convictions for two counts of conspiracy to possess 300 grams or more of
methamphetamine with the intent to sell or deliver in a drug-free zone and two counts of
possession of 300 grams or more of methamphetamine with intent to sell or deliver in a
drug-free zone. Petitioner contends that she was denied the effective assistance of counsel
based upon counsel’s failure to: (1) object to irrelevant and prejudicial text messages
introduced at trial; (2) file a Bruton motion; (3) contest that Petitioner tracked the package
containing the methamphetamine; (4) adequately prepare for trial; (5) object when the State
argued that Petitioner’s silence implied guilt; (6) object when the prosecutor “testified
during closing argument in order to bolster his own credibility”; and (7) object when the
prosecutor intentionally misrepresented evidence during closing argument. Petitioner
further asserts that she is entitled to relief based on cumulative error. Following a thorough
review, we affirm the judgment of the post-conviction court.

Jaselyn Grant v. State of Tennessee
W2022-01453-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Chris Craft

The petitioner, Jaselyn Grant, appeals the denial of her petition for post-conviction relief,
which petition challenged her convictions of second degree murder, reckless
endangerment, and aggravated assault, alleging that she was deprived of effective
assistance of counsel at trial. Because the petitioner has failed to establish that she is
entitled to post-conviction relief, we affirm the judgment of the post-conviction court.

Kris Young v .State of Tennessee
E2022-00235-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge G. Scott Green

The petitioner, Kris Young, appeals the denial of his petition for post-conviction relief,
which petition challenged his convictions of aggravated kidnapping, aggravated robbery,
and aggravated burglary, alleging that the trial court erred in the jury instructions, that the
evidence was insufficient to support the aggravated kidnapping conviction, that the
kidnapping statutes are unconstitutionally vague, that his aggravated kidnapping
conviction violates the principles of double jeopardy, and that trial and appellate counsel
performed deficiently. Discerning no error, we affirm the denial of post-conviction relief.

01C01-9604-CC-00106
01C01-9604-CC-00106

01C01-9604-CC-00106
01C01-9604-CC-00106

State vs. Jerry Cooper
01C01-9604-CC-00150
Trial Court Judge: W. Charles Lee