COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Jamie Crawford
E2003-02192-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge R. Jerry Beck

Following a revocation hearing, the trial court revoked the probation of Defendant, Jamie Michelle Crawford, and ordered her to serve the remainder of her sentence in confinement. Defendant does not appeal the revocation of her probation but argues that the trial court erred in not imposing a sentence of split confinement. After a thorough review of the record in this matter, we affirm the judgment of the trial court revoking probation and ordering Defendant to serve her sentence in confinement.

Sullivan Court of Criminal Appeals

Jerry Dickerson v. State of Tennessee
E2003-02854-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Robert E. Cupp

Petitioner, Jerry W. Dickerson, appeals from the trial court's dismissal of his pro se petition for writ of habeas corpus. Petitioner alleges that his conviction and sentence are void because the trial record was improperly authenticated and contained inaccuracies. Following a review of the record in this matter, we affirm the judgment of the trial court.

Johnson Court of Criminal Appeals

State of Tennessee v. David Hester
E2003-01507-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Richard R. Vance

The defendant, David Hester, pled guilty to statutory rape. The trial court imposed a one-year sentence to be served on supervised probation and directed community service. In this appeal, he asserts that the trial court erred by denying judicial diversion. The judgment of the trial court is affirmed.

Sevier Court of Criminal Appeals

David Hartsell v. State of Tennessee
E2003-03080-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Lynn W. Brown

The petitioner, David Johnson Hartsell, appeals the order of the Circuit Court for Washington County dismissing his post-conviction relief petition. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petition fails to present a cognizable claim for relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

Washington Court of Criminal Appeals

State of Tennessee v. Donald Keel
W2003-00638-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Clayburn L. Peeples

The Appellant, Donald Keel, was convicted in the Gibson County Circuit Court of aggravated
perjury, felon in possession of a handgun, and assault. Keel’s sentence for aggravated perjury was imposed consecutively to his concurrent sentences for unlawful weapon possession and assault. On appeal, he raises two issues for our review: (1) whether the evidence is sufficient to support his conviction for aggravated perjury and (2) whether consecutive sentencing is proper. After review of the record, we affirm the conviction and subsequent sentencing decision.

Gibson Court of Criminal Appeals

State of Tennessee v. Billy Gene Rich
W2003-01495-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Roger A. Page

The Appellant, Billy Gene Rich, was convicted of driving under the influence (DUI), second offense, and was sentenced to serve eleven months and twenty-nine days in jail. On appeal, Rich argues that: (1) the evidence is insufficient to support his conviction and (2) his sentence is excessive. After review, the conviction and sentence are affirmed.

Chester Court of Criminal Appeals

State of Tennessee v. Anthony Carter
E2003-02172-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Rebecca J. Stern

The defendant, Anthony Lebron Carter, appeals the revocation of his probation. We affirm the judgment of the trial court.

Hamilton Court of Criminal Appeals

Matthew Moates v. State of Tennessee
E2003-01926-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Carroll L. Ross

The petitioner, Matthew L. Moates, appeals the Monroe County Criminal Court's denial of his petition for post-conviction relief from his conviction for aggravated robbery and resulting sixteen-year sentence. He claims (1) that he received the ineffective assistance of counsel because his attorney failed to call witnesses to testify at trial about the length of his hair at the time of the robbery, (2) that the state improperly struck an African-American juror from the jury, (3) that he is entitled to a new trial because he was not present during a conference in which the state and his trial attorney discussed the African-American juror's dismissal, and (4) that a state witness improperly communicated with a juror during his trial. We affirm the trial court's denial of the petition.

Monroe Court of Criminal Appeals

State of Tennessee v. Timerell Nelson
W2003-01474-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge John P. Colton, Jr.

The Appellant, Timerell Nelson, appeals the verdict of a Shelby County jury finding him guilty of first degree felony murder. On appeal, Nelson raises the single issue of whether the evidence is sufficient to support his conviction. After review, we find the evidence to be more than sufficient. Accordingly, the judgment of conviction is affirmed.

Shelby Court of Criminal Appeals

State of Tennessee v. Darrell Sanderlin
W2003-01546-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Clayburn L. Peeples

The Appellant, Darrell Sanderlin, appeals from the sentencing decision of the Haywood County Circuit Court. Sanderlin pled guilty to one count of child abuse of his six-year-old son, a class D felony. Pursuant to a negotiated plea agreement, he was sentenced as a Range I, standard offender, with the length and manner of service to be determined by the trial court. Following a sentencing hearing, the trial court imposed a sentence of four years incarceration. On appeal, Sanderlin argues that the trial court erred by ordering a sentence of total confinement rather than a less restrictive alternative. After review, the sentencing decision is affirmed.

Haywood Court of Criminal Appeals

State of Tennessee v. Herbert Russell Johnson, Alias
E2003-02580-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Mary Beth Leibowitz

The defendant, Herbert Russell Johnson, appeals the revocation of his probation, arguing that the trial court erred in failing to consider further alternatives to incarceration before revoking his probation and ordering the reinstatement of his original sentence. Because the record reveals there was substantial evidence in support of the trial court's decision, we affirm the judgment of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Brian Keith Jackson
E2003-00606-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Rebecca J. Stern

The Defendant, Brian Keith Jackson, was found guilty by a jury of second degree murder. In this direct appeal, he argues (1) that the trial court erred by refusing to play a pornographic video tape for the jury after it was admitted into evidence, and (2) that the evidence is legally insufficient to sustain his conviction. Although the trial court did err by not playing the video in front of the jury, the error was harmless. Furthermore, because the evidence is sufficient to sustain the defendant's conviction, we affirm the judgment of the trial court.

Hamilton Court of Criminal Appeals

State of Tennessee v. Daniel Wade Wilson
E2003-02070-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Phyllis H. Miller

The defendant, Daniel Wade Wilson, appeals as of right from his convictions by a jury in the Sullivan County Criminal Court for first degree felony murder and especially aggravated robbery, a Class A felony. The trial court sentenced the defendant to consecutive sentences of life in prison for the first degree felony murder conviction and twenty-three years for the especially aggravated robbery conviction. He contends that the evidence is insufficient to convict him of felony murder or especially aggravated robbery and that the trial court erred by ordering consecutive sentences. We affirm the judgments of the trial court.

Sullivan Court of Criminal Appeals

Sedley Alley v. State of Tennessee
W2004-01204-CCA-R3-PD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge W. Otis Higgs, Jr.

In 1985, Petitioner, Sedley Alley, was convicted of the crimes of aggravated rape, kidnapping, and first degree murder. The jury fixed his punishment at death for first degree murder and the trial court imposed consecutive forty-year sentences for kidnapping and aggravated rape. Petitioner Alley filed a petition to compel testing of evidence under the Post-Conviction DNA Analysis Act of 2001. The post-conviction court denied the petition, and Petitioner Alley timely appealed. This Court expedited review of this matter. Upon review of the record and the responses by both parties, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. Ronald Killebrew
W2003-02008-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Chris B. Craft

The Appellant, Ronald Killebrew, was convicted of being a felon in possession of a handgun, a class E felony, following a jury trial. The trial court sentenced Killebrew, as a Range II multiple offender, to three years and six months in the Shelby County Workhouse. On appeal, Killebrew raises the single issue of whether the evidence was sufficient to support the verdict. After review of the record, we affirm the conviction.

Shelby Court of Criminal Appeals

Marcus W. Keener v. State of Tennessee
M2003-01531-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Robert L. Jones

The Defendant, Marcus W. Keener, petitioned for post-conviction relief from his jury-trial conviction of second degree murder, alleging ineffective assistance of counsel. The trial court denied relief after an evidentiary hearing. The defendant now appeals. We affirm the judgment of the trial court.

Lawrence Court of Criminal Appeals

State of Tennessee v. Fred Allen Owens
E2003-02003-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Richard R. Baumgartner

The Defendant, Fred Allen Owens, was convicted by a jury of second degree murder. The trial court sentenced the Defendant as a Range II multiple offender to thirty-five years in the Department of Correction. In this direct appeal, the Defendant challenges several of the trial court's evidentiary rulings and also challenges the sufficiency of the evidence supporting his conviction. We affirm the judgment of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Danny Avery Stewart and Dorothy Ann Stewart
M2003-00664-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Steve R. Dozier

The defendants, Danny Avery Stewart and Dorothy Ann Stewart, pled guilty to numerous drug charges and received effective sentences of thirty-one years and forty-two years, respectively. Their only contention on appeal is that their sentences are excessive because the trial court erred in the application of several enhancement factors. We conclude that the defendants have failed to show that the trial court erred in sentencing. The judgments of the trial court are affirmed.

Davidson Court of Criminal Appeals

Raymond R. Kennebrew v. State of Tennessee
E2003-01896-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Judge Rebecca J. Stern

The petitioner, Raymond R. Kennebrew, appeals the denial of post-conviction relief. In this appeal of right, the petitioner asserts (1) that his pleas were neither knowingly nor voluntarily entered and (2) that he was denied the effective assistance of counsel. The judgment is affirmed.

Hamilton Court of Criminal Appeals

Donald Terry Moore v. State of Tennessee
M2002-02417-CCA-MR3-PC
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge Cheryl A. Blackburn

The petitioner, Donald Terry Moore, appeals the denial of his petition for post-conviction relief. In this appeal, he asserts that (1) he did not receive the effective assistance of counsel and (2) the post-conviction court erred by denying his motion to re-open the petition after the close of proof. The judgment of the post-conviction court is affirmed.

Davidson Court of Criminal Appeals

State of Tennessee v. Mario Hernandez Castillo
E2003-01250-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge O. Duane Slone

A Grainger County jury convicted the defendant of premeditated first degree murder, felony murder, especially aggravated robbery, and theft under $500. The trial court merged the felony murder conviction into the premeditated first degree murder conviction and ordered the defendant to serve an effective life sentence. The defendant raises the following issues on appeal: (1) whether the trial court erred in failing to suppress his statement to law enforcement officials; (2) whether the trial court erred in failing to allow the defense to introduce proof that the victim regularly dealt in illegal drugs and firearms; and (3) whether the evidence was sufficient to sustain his murder convictions. We remand for entry of an order merging the theft conviction into the especially aggravated robbery conviction but otherwise affirm the judgments of the trial court.

Grainger Court of Criminal Appeals

Marvin Anthony Matthews, pro se v. State of Tennessee
W2003-02980-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Arthur T. Bennett

The Petitioner, Marvin Anthony Matthews, appeals the trial court's summary dismissal of his petition for post-conviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petition for post-conviction relief is barred by the statute of limitations. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

Shelby Court of Criminal Appeals

Eddie Williams, Jr., pro se v. David Mills, Warden
W2004-00056-CCA-R3-HC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Joseph H. Walker, III

This matter is before the Court upon the State’s motion to affirm the judgment of the trial court by order pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner appeals the trial court’s denial of habeas corpus relief. The Petitioner fails to assert a cognizable ground for habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

Lauderdale Court of Criminal Appeals

State of Tennessee v. Michael Armstrong
W2003-00317-CCA-RM-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge John P. Colton, Jr.

On May 22, 2001, the defendant, Michael Armstrong, entered a plea of nolo contendere to the offense of operating a motor vehicle after having been declared a habitual motor vehicle offender and banned from driving. He was sentenced to one year in the work house and one year of probation. The defendant reserved a certified question for appeal pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). This question concerns the admissibility into evidence of the defendant’s statement to police that he had driven to the police station to report two cars stolen from his employer. This statement was made in response to a police officer’s question as to how the defendant had gotten to the station. This question was asked after the police officer had found out the defendant was an habitual motor vehicle offender whose Tennessee driver’s license was revoked, but before any Miranda warnings were given to the defendant. The defendant’s response to this question formed the basis of his arrest. The trial court denied the defendant’s motion to suppress concluding that the defendant was not in custody at the time he answered the officer’s question. We find that the record clearly indicates the defendant was not in custody at the time he admitted he had driven to the police station and that therefore no Miranda warnings were required. The judgment of the trial court is therefore AFFIRMED.

Shelby Court of Criminal Appeals

Adrian Lenox v. State of Tennessee
M2003-00482-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Steve R. Dozier

The petitioner appeals the post-conviction court's denial of his petition for post-conviction relief, in which he alleged ineffective assistance of counsel. We conclude that the petitioner has failed to establish that he received ineffective assistance of counsel. We affirm the denial of post-conviction relief

Davidson Court of Criminal Appeals