COURT OF CRIMINAL APPEALS OPINIONS

Jamesena White et al vs. The City of Knoxville, et al
03A01-9904-CV-00145

State vs. Ronnie Mason
03C01-9809-CC-00328
Trial Court Judge: Richard R. Vance

State vs. Carlos Mathis
03C01-9807-CC-00249
Trial Court Judge: Buddy D. Perry

State vs. Ricky W. McElhaney
03C01-9804-CR-00162
Trial Court Judge: Rebecca J. Stern

State vs. Joseph White
W2001-01775-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: W. Fred Axley
The Appellant, Joseph White, was convicted by a Shelby County jury of rape and was sentenced to eight years in the Tennessee Department of Correction. On appeal, he argues that the evidence presented at trial was insufficient to support his conviction. After review, we find no error and affirm the judgment of conviction.

State vs. Guy William Rush
03C01-9805-CR-00193
Trial Court Judge: R. Jerry Beck

William H. Horton vs. State
01C01-9704-CR-00132
Trial Court Judge: Seth W. Norman

State vs. Harold Woodroof
01C01-9809-CR-00361
Trial Court Judge: J. Randall Wyatt, Jr.

State vs. Donald K. Moore, Jr.
01C01-9809-CR-00362
Trial Court Judge: Thomas T. Woodall

State vs. Kenneth Johnson
01C01-9809-CR-00372
Trial Court Judge: Thomas T. Woodall

Frank Barnard vs. State
01C01-9807-CR-00296
Trial Court Judge: Steve R. Dozier

State vs. Delbert G. Mosher
01C01-9807-CC-00320
Trial Court Judge: Buddy D. Perry

Tommy Lee Kelley vs. State
01C01-9811-CR-00452

State v. Erica Hartwell
W2001-03116-CCA-R3-CO
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Joseph H. Walker, III
In this appeal the appellant, Erica J. Hartwell, contends that the Circuit Court of Tipton County, Tennessee, erred in denying her a writ of certiorari to review and vacate the orders of the Tipton County General Sessions Court revoking the appellant's probation. She maintains that the general sessions court conducted the probation revocation hearing without proper notice and without informing her of her right to an attorney at the hearing and her right to appeal. We hold that under the circumstances the writ of certiorari is not available. The judgment of the circuit court is therefore affirmed.

State vs. Michael Cardenas
W2001-01123-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
The appellant, Michael Brian Cardenas, appeals from the order of the Chester County Circuit Court denying his petition for post-conviction relief. On appeal, the appellant argues that his guilty plea was involuntary because "he was denied the effective assistance of counsel at the trial level." In the appellant's brief, he raises four general areas of ineffectiveness: (1) his attorney failed to investigate, prepare or present a defense to charges against him; (2) counsel failed to file a motion to suppress the statement that appellant had provided to arresting authorities; (3) counsel failed to file a motion for change of venue; and (4) potential character witnesses were never interviewed to determine whether their testimony could be used during the trial. We find this argument without merit. The judgment of the post-conviction court is affirmed pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals.

State vs. David E. Hancock
03C01-9808-CR-00278
Trial Court Judge: James E. Beckner

01C01-9808-CR-00322
01C01-9808-CR-00322
Trial Court Judge: Steve R. Dozier

Alvin L. Smith, Jr. vs. State
01C01-9808-CC-00343
Trial Court Judge: W. Charles Lee

Daniel L. Sanders vs. State
01C01-9712-CC-00586

Richard Waline vs. State
01C01-9805-CR-00199
Trial Court Judge: Seth W. Norman

State vs. James E. Frazier
01C01-9801-CC-00036
Trial Court Judge: J. S. Daniel

State vs. Jason Kennedy Frazier
01C01-9812-CC-00484

State vs. Danny Lynn Porter
03C01-9811-CR-00393
Trial Court Judge: E. Eugene Eblen

State vs. David Proffitt
03C01-9901-CR-00026
Trial Court Judge: Leon C. Burns, Jr.

State of Tennessee vs. James Tyrone Harbison
03C01-9808-CR-00271
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Douglas A. Meyer

The defendant, James Tyrone Harbison, was convicted in 1997 of aggravated assault and sentenced as a Range III persistent offender to fourteen years in the Tennessee Department of Correction. See Tenn. Code Ann. § 39-13-102. In this appeal, the defendant presents the following issues: (1) Whether the evidence was sufficient to support the jury’s finding of “serious bodily injury” as an aggravating factor of the defendant’s convicted offense; (2) whether the trial court abused its discretion in permitting testimony that the defendant had been released from prison immediately preceeding the instant offense; (3) whether the trial court erred in failing to instruct the jury on reckless endangerment as a lesser offense; (4) whether the defendant’s sentence is excessive; and (5) whether the trial court erred in sentencing the defendant as a Range III persistent offender. We AFFIRM the judgment from the trial court.