State vs. Michael G. Waldrum M1999-01924-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Timothy L. Easter
The defendant appeals his conviction for DUI, fourth offense, contesting the sufficiency of the evidence supporting his conviction; the validity of his seizure and arrest; and the admissibility of the breath alcohol test result, the breath alcohol test operator's videotaped former testimony, and the breath alcohol test machine's certification documents. We conclude that the trial court erred in finding the breath test operator unavailable and that his videotaped testimony should not have been allowed. We reverse the judgment of conviction and remand the case for a new trial.
Williamson
Court of Criminal Appeals
W1999-1453-CCA-R3-PC W1999-1453-CCA-R3-PC
Trial Court Judge: John P. Colton, Jr.
Shelby
Court of Criminal Appeals
Jerrell Livingston vs. James Dukes W2000-00840-CCA-R3-CD
Trial Court Judge: Joseph H. Walker, III
This appeal results from the trial court's denial of the petitioner's petition for writ of habeas corpus based on the fact that the challenged judgment was not invalid on its face, nor had the petitioner's sentence expired. The court also considered this request as a petition for post-conviction relief but dismissed the petition for lack of jurisdiction. Based upon our review of the record, we affirm the trial court's dismissal of the petitioner's request for habeas corpus or post-conviction relief.
Lauderdale
Court of Criminal Appeals
Jimmy Greene vs. State E2000-00426-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: D. Kelly Thomas, Jr.
A Blount County jury convicted the Petitioner of the aggravated rape of a person less than thirteen years of age, and the trial court sentenced him to twenty-two years incarceration. His conviction was affirmed on direct appeal. The Petitioner petitioned for post-conviction relief, and the trial court denied his request. He now appeals the trial court's denial of post-conviction relief, arguing that he received ineffective assistance of counsel at trial and on appeal. We conclude that the Petitioner was not denied the effective assistance of counsel and accordingly affirm the judgment of the court below.
Blount
Court of Criminal Appeals
State vs. Cornelius Michael Hyde E2000-00042-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: D. Kelly Thomas, Jr.
Blount
Court of Criminal Appeals
State vs. Cornelius Michael Hyde E2000-00042-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: D. Kelly Thomas, Jr.
Blount
Court of Criminal Appeals
State vs. John D. Brown E1999-02217-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: R. Steven Bebb
McMinn
Court of Criminal Appeals
State vs. John D. Brown E1999-02217-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: R. Steven Bebb
McMinn
Court of Criminal Appeals
State vs. Billy Kenneth Hall E1999-02146-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Ray L. Jenkins
The defendant appeals his convictions for aggravated kidnapping and aggravated rape, contending that the evidence is insufficient to support his convictions, that the trial court should have granted a continuance to allow him to substitute counsel, and that his attorney was constitutionally ineffective. We affirm the trial court.
Knox
Court of Criminal Appeals
State vs. Charles Sherman Thaxton E1999-02091-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Ray L. Jenkins
The defendant appeals his convictions for two counts of aggravated sexual battery. He contends that the trial court erred (1) by allowing rebuttal testimony of a prior consistent statement and (2) by failing to give a limiting instruction. We affirm the judgment of the trial court.
State vs. William Livingstone, Jr. E1999-01362-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: James E. Beckner
A Hamblen County jury convicted the Defendant of three counts of obtaining prescription drugs by fraud, and the trial court sentenced him as a Range II persistent offender to six years incarceration for each count, with the sentences to be served concurrently, but consecutive to a previous conviction for which he received a twenty-one-year sentence. On appeal, the Defendant argues: (1) that he was improperly arraigned; (2) that the evidence is insufficient to support his convictions; (3) that a mistrial should have been ordered by the trial court when a witness speculated that the Defendant might have been Sheriff of Grainger County at one time; (4) that the trial court erred by failing to grant the Defendant's motion for a change of venue; (5) that the trial court should have recused itself; and (6) that the Defendant was denied a speedy trial. Finding no merit to these allegations, we affirm the judgment of the trial court.
Hamblen
Court of Criminal Appeals
State vs. Paul Andrew Thompson E2000-01224-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: James E. Beckner
The defendant appeals his conviction for first degree murder and sentence of life imprisonment without parole, contending (1) that the evidence was insufficient to establish premeditation, (2) that the testimony of Kimberly Johnson, the victim's ex-stepdaughter, was improperly excluded, and (3) that the evidence was insufficient to establish the aggravating circumstance of mutilation of the body. We affirm the defendant's conviction and sentence.
Hancock
Court of Criminal Appeals
State vs. Terrence Jackson W2001-01001-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Roy B. Morgan, Jr.
The defendant appeals the revocation of his probation and reinstatement of his original six-year sentence for aggravated assault. The trial court found the defendant violated the terms of his probation by failing to verify employment, failing to exhibit conduct consistent with good citizenship, and failing to comply with curfew requirements; thus, it revoked his probation. We affirm.
State vs. Clarence Weaver E1999-02005-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Richard R. Baumgartner
This appeal arises from the sentence that the defendant received after pleading guilty to aggravated burglary. He challenges the trial court's application of one of the four enhancement factors found, refusal to apply three mitigating factors, and refusal to place him in the Community Alternatives to Prison Program (CAPP). Based upon our review of the record, we affirm the judgment of the trial court.
Knox
Court of Criminal Appeals
State vs. Letivias Prince M1998-00005-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Robert W. Wedemeyer
The defendant, Letivias Prince, was convicted of first degree murder and was sentenced to life imprisonment. On appeal, the defendant argues that the jury pool did not adequately represent the racial makeup of the community; that pre-trial publicity deprived him of a fair trial; that the trial court erred by permitting eight peremptory challenges in jury selection; that the trial court erred by allowing the state to either call a rebuttal witness or receive a missing witness instruction; that the trial court erred by instructing the jury regarding the order of consideration of offenses; and that the evidence was insufficient to sustain his conviction. The judgment of the trial court is affirmed.
Montgomery
Court of Criminal Appeals
State vs. William M. Hukowicz M1999-00073-CCA-R9-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: J. O. Bond
Following a suppression hearing, the Wilson County Criminal Court, J.O. Bond, J., ordered certain portions of the defendant's statement given to police suppressed, holding that the defendant had exercised his right to remain silent. The state filed an interlocutory appeal. The Court holds that the evidence does not preponderate against the trial court's finding that the defendant's refusal to answer other questions by stating "no comment" or a similar declaration was a proper assertion of the defendant's right to remain silent. However, the trial court should have suppressed the entire statement given following the defendant's assertion of his right to remain silent. Remanded.
Wilson
Court of Criminal Appeals
State vs. Timothy C. Hutson M1999-00329-CCA-R9-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Steve R. Dozier
This appeal arises from the order of the Davidson County Criminal Court upholding the district attorney general's refusal to accept the application of the defendant, Timothy C. Hutson, for pretrial diversion. The defendant asserts that the trial court erred in failing to determine that the district attorney general abused his discretion by relying on facts not supported by the evidence and by failing to consider all relevant factors. We conclude that substantial evidence was before the district attorney general to support the validity of each factor relied on in denying pretrial diversion and that there was substantial evidence to show that the district attorney general considered all relevant factors. Accordingly, the judgment of the trial court is affirmed.
Davidson
Court of Criminal Appeals
State vs. Ricky Lee Cook M2000-00178-CCA-R3-CD
Authoring Judge: Judge Cornelia A. Clark
Trial Court Judge: Jane W. Wheatcraft
Defendant appeals the revocation of his probation and reinstatement of a portion of his original sentence. The defendant plead guilty to possession of drug paraphernalia, and received a sentence of eleven (11) months, twenty-nine (29) days, which was completely suspended after the service of forty-eight (48) hours. After a revocation hearing, the trial court revoked defendant's probation and required him to serve a portion of his sentence. Concluding that the defendant violated at least four specific terms of his probation, we affirm the judgment of the trial court.
Sumner
Court of Criminal Appeals
State vs. Gerald W. McCullough M1999-01525-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: William Charles Lee
The defendant, Gerald W. McCullough, was convicted of aggravated sexual battery. The trial court imposed a twelve-year sentence. In this appeal of right, the defendant contends that the trial court erred by allowing proof of more than one instance of sexual misconduct and by imposing an excessive sentence. Because the sentence was not excessive, and because the defendant waived the issue of the admissibility of uncharged sex crimes, the judgment is affirmed.
Bedford
Court of Criminal Appeals
State vs. Joe W. Steward M1999-01284-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Cornelia A. Clark
Because the defendant, Joe W. Steward, was lawfully stopped at a traffic enforcement roadblock, his conviction for driving under the influence, second offense, is affirmed. The issue reserved on appeal by the defendant does not warrant suppression of the evidence.
Lewis
Court of Criminal Appeals
State vs. Lee Townes W1999-01126-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Julian P. Guinn
The trial court dismissed the petitioner's post-conviction relief petition, based upon its findings that trial counsel rendered effective assistance and that the other grounds for relief had been waived or previously determined. On appeal, the record supports the trial court's judgment, and we affirm.
Carroll
Court of Criminal Appeals
State vs. Derrick Williams W1999-01231-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Dick Jerman, Jr.
This appeal arises from the defendant's challenge to his sentence of twelve years plus a $10,000 fine for vehicular homicide, four years for reckless aggravated assault, one year for leaving the scene of an accident, and eleven months and twenty-nine days plus a $350 fine for driving under the influence. The sentences are to be served concurrently. The defendant disputes the trial court's application of three of four enhancement factors and refusal to apply a mitigating factor in reaching the sentence. Based upon our review, we affirm the convictions for vehicular homicide, reckless aggravated assault, and leaving the scene of an accident, and reverse and dismiss the conviction for driving under the influence, this offense being merged into the conviction for vehicular homicide. Additionally, we conclude that the trial court incorrectly applied certain enhancement factors. According, we reduce the sentence for vehicular homicide to ten years and the sentence for reckless aggravated assault to three years. All sentences are to be served concurrently, as ordered by the trial court.
