COURT OF CRIMINAL APPEALS OPINIONS

State vs. Lisa Marie Garren
E1999-02420-CCA-R3-CD

Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: D. Kelly Thomas, Jr.

Harold Wayne Nichols vs. State
E1998-00562-CCA-R3-PD

Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: D. Kelly Thomas, Jr.
The petitioner filed petitions for post-conviction relief for his conviction for first degree felony murder and his sentence of death, as well as for a number of convictions for sexual attacks on four additional victims. The bases of his complaints were that he had ineffective assistance of counsel at both the guilt and punishment phases of his capital trial, as well as in the noncapital cases, two of which were resolved by pleas of guilty. Specifically, he claimed that counsel failed to adequately investigate and prepare his cases; failed to question the probable cause for his arrest; and failed to question whether his confessions were "false." He raised additional claims of ineffective assistance of counsel and claims regarding the unconstitutionality of the imposition of capital punishment. The post-conviction court denied the claims other than to order new sentencing hearings in the noncapital cases. The petitioner then timely appealed the post-conviction court's rulings, other than the ordering of new sentencing hearings. We have carefully reviewed the record and, based upon our review, we affirm the judgments of the post-conviction court.

Ronnie Ray Hoover vs. State
E1999-01114-CCA-R3-PC

Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Leon C. Burns, Jr.

State vs. Delores Babb
W2001-00415-CCA-R3-CD

Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Julian P. Guinn
The defendant was found guilty of DUI by a Henry County jury and sentenced to 11 months and 29 days, all suspended except for ten days. On appeal, she argues the evidence was insufficient to support her conviction. We affirm the judgment of the trial court.

State vs. Antonio Smith
W1999-01096-CCA-R3-CD

Authoring Judge: Judge John Everett Williams
Trial Court Judge: W. Fred Axley

State vs. Lori Ray
W1999-00641-CCA-R3-CD

Authoring Judge: Sr. Judge L. Terry Lafferty
Trial Court Judge: Lee Moore

State vs. Dennis Menzies
W1998-00608-CCA-R3-CD

Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Julian P. Guinn

State vs. James Geddings
M1999-00333-CCA-R3-CD

Authoring Judge: Judge Jerry Smith
Trial Court Judge: Allen W. Wallace

State vs. Cornelius Starks
M1999-00340-CCA-R3-CD

Authoring Judge: Judge Jerry Smith
Trial Court Judge: L. Craig Johnson

State vs. James M. Smith
M1999-00252-CCA-R3-CD

Authoring Judge: Judge David G. Hayes
Trial Court Judge: Cornelia A. Clark

Sammie Eugene Smith vs. state
M1998-00083-CCA-R3-PC

Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Leon C. Burns, Jr.

State of Tennessee v. Joe W. Steward
M2001-2431-CCA-RM-CD


Trial Court Judge: Cornelia A. Clark

State of Tennessee v. Michael Q. Ray
E1999-00208-CCA-R3-CD

Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: James B. Scott, Jr.

Issac Earl Edgin vs. State
M1999-01620-CCA-R3-PC

Authoring Judge: Judge John Everett Williams
Trial Court Judge: Robert W. Wedemeyer
The petitioner appeals from a Montgomery County trial court's order dismissing his petition for post-conviction relief. He argues that he is entitled to a new trial because, among other things, his trial counsel provided him ineffective assistance of counsel. Because the judgment fails to contain findings of fact and conclusions of law, the order dismissing this cause is reversed and the case is remanded to the trial court for a new post-conviction proceeding.

State vs. Harold Wayne Shaw
M1999-01119-CCA-R3-CD

Authoring Judge: Judge Jerry Smith
Trial Court Judge: Seth W. Norman
The defendant, Harold Wayne Shaw, was convicted by a Davidson County jury of second-degree murder and aggravated kidnapping in 1996. The trial court sentenced the defendant as a Range II offender to serve eighteen (18) years for the aggravated kidnapping and thirty-five (35) years for the second-degree murder, both sentences to be served consecutively. Following the defendant's direct appeal, this Court affirmed the defendant's conviction but remanded the case to the trial court for resentencing because the trial court mistakenly sentenced the defendant as a Range II, persistent offender, misapplied two statutory enhancement factors, and failed to make findings of fact and conclusions of law sufficient to support the imposition of consecutive sentences. The trial court then resentenced the defendant as a Range I, standard offender to serve ten (10) years for the aggravated kidnapping and twenty-two (22) years for the second-degree murder. The court again ordered the sentences to be served consecutively. On appeal, this Court finds (1) that the length of the defendant's sentence is appropriate, and (2) that although the record does not support the trial court's finding that the defendant is a professional criminal, the trial court was correct in finding that the defendant has an extensive criminal history; thus consecutive sentences are also appropriate. The judgment of the trial court is therefore affirmed.

State vs. Andrew Charles Helton
M1999-01405-CCA-R3-CD

Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Seth W. Norman
The Defendant, Andrew Charles Helton, was indicted, along with co-defendants Shirley Crowell and Shayne Cochran, for two counts of premeditated murder and two counts of felony murder for the shooting deaths of Robert Cole and Michael Chatman. After the trial court granted a motion for a judgment of acquittal on the felony murder charges, the Defendant was convicted by a jury of first degree murder for the death of Robert Cole and of second degree murder for the death of Michael Chatman. The Defendant was sentenced to mandatory life imprisonment for the first degree murder conviction and to twenty-three years imprisonment for the second degree murder conviction. The Defendant now appeals and argues that the evidence presented at trial was insufficient to sustain his convictions. The Defendant also contends that the trial court erred in admitting certain crime scene and autopsy photographs into evidence. After a thorough review of the record and applicable law, we find no merit to the Defendant's contentions and thus affirm his convictions.

State vs. Darrell Dodson
M1998-00067-CCA-R3-CD

Authoring Judge: Judge David H. Welles
Trial Court Judge: Leon C. Burns, Jr.

State vs. Frederick James Brush
M1999-00622-CCA-R3-CD

Authoring Judge: Judge David G. Hayes
Trial Court Judge: Robert E. Burch

State vs. Alton Darnell Young
M1999-01166-CCA-R3-CD

Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Seth W. Norman

State vs. Victoria S. Galindo
M1999-00768-CCA-R3-CD

Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Timothy L. Easter

State vs. Robert Allen Leggett
M1999-01066-CCA-R3-CD

Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Cheryl A. Blackburn

State vs. Michael Gilliam
E1999-01112-CCA-R3-CD

Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: James E. Beckner

Lawrence Strickland vs. State
E1999-00119-CCA-R3-CD


Trial Court Judge: E. Eugene Eblen

State of Tennessee v. Everett D. Robinson
W1999-01348-CCA-RE-CD

Authoring Judge: Judge Welles
Trial Court Judge: Judge Julian P. Guinn

The Defendant was indicted by the Henry County Grand Jury for (1) driving under the influence (fourth offense); (2) driving while license is cancelled, suspended, or revoked; (3) violation of the “light law”; and (4) failure to appear. He pleaded guilty to driving while license is cancelled, suspended, or revoked and to violation of the “light law.”1 He was then tried on the remaining offenses, found guilty of DUI, and acquitted of failure to appear.

State of Tennessee v. Gary Lamar McBride
M1999-00319-CCA-R3-CD

Authoring Judge: Judge L. Terry Lafferty
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The defendant/appellant, Gary Lamar McBride, appeals as of right from a conviction for murder second degree by a Davidson County jury. The Davidson County Criminal Court imposed a sentence of sixteen (16) years in the Department of Correction. The defendant presents three appellate issues:

1.     Whether the trial court erred in allowing the defendant’s statement to be read to the jury and not suppressing the same.

2.     Whether the trial court erred in not finding that the proof adduced at trial by the State is in conflict with the physical facts rule applicable to criminal cases.

3.     Whether the evidence adduced at trial was sufficient to convict the defendant of murder second degree.