COURT OF CRIMINAL APPEALS OPINIONS

Matthew Melton Jackson v. State of Tennessee
M2004-01342-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Michael R. Jones

The petitioner, Matthew Melton Jackson, appeals as of right the dismissal of his petition for post-conviction relief by the Robertson County Circuit Court. He seeks relief from his convictions for two counts of aggravated rape, one count of aggravated kidnapping, one count of aggravated robbery, and effective sentence of twenty-five years. The petitioner contends that he received the ineffective assistance of counsel and that his guilty pleas were not voluntary or knowing. We affirm the judgment of the trial court.

Robertson Court of Criminal Appeals

State of Tennessee v. Douglas F. Jordan, Jr.
E2003-02159-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant, Douglas F. Jordan, Jr., was convicted of second degree murder and ordered to serve twenty-three years in the Department of Correction. In this appeal of right, the defendant contends that the evidence was insufficient, that the trial court committed certain evidentiary errors, that the trial court erred by denying his motion for continuance, and that the sentence was excessive. The judgment of the trial court is affirmed.

Blount Court of Criminal Appeals

William Brown v. State of Tennessee
M2004-01898-CCA-R3-PC
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Judge R.E. Lee Davies

The petitioner, William Brown, appeals the trial court's denial of his petition for post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel. After reviewing the record, we affirm the dismissal of the petition for post-conviction relief.

Williamson Court of Criminal Appeals

State of Tennessee v. Steve Brian Hannah
E2004-00583-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The appellant, Steve Brian Hannah, pled guilty in the Blount County Circuit Court to one count of theft of property over $10,000, three counts of theft of property over $1,000, and one count of possession of marijuana with intent to resell. Pursuant to the plea agreement, the appellant received an effective five-year sentence with the manner of service to be determined by the trial court. After a sentencing hearing, the trial court ordered the appellant to serve one year in confinement and the remainder of his sentence on community corrections. On appeal, the appellant claims the trial court erred by refusing to grant his request for full probation. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court but remand for entry of corrected judgments as to the thefts.

Blount Court of Criminal Appeals

State of Tennessee v. David James Wiley
E2004-01463-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Douglas A. Meyer

The appellant, David James Wiley, pled guilty in the Hamilton County Criminal Court to arson and received a probationary sentence of six years. Subsequently, the trial court revoked the appellant's probation. The appellant now appeals, contesting the trial court's evidentiary rulings during the revocation hearing and the sufficiency of the evidence supporting the revocation. Upon our review of the record and the parties' briefs, we reverse the judgment of the trial court and remand for a new hearing.

Hamilton Court of Criminal Appeals

Douglas L. Brown v. State of Tennessee
E2004-02496-CCA-R3-HC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Thomas W. Graham

The petitioner, Douglas L. Brown, has appealed from the Bledsoe County Circuit Court's dismissal of his petition for habeas corpus relief. The petition attacked the petitioner's two 1998, Davidson County, guilty-pleaded convictions of rape of a child. The state has moved the court pursuant to Rule 20 of this court's rules to summarily affirm the judgment of the habeas corpus court. We sustain the motion and affirm the judgment.

Bledsoe Court of Criminal Appeals

Milta D. Blanchard v. State of Tennessee
W2004-01801-CCA-R3-HC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Joseph B. Dailey

The petitioner, Milta D. Blanchard, appeals the Shelby County Criminal Court’s denial of habeas corpus relief and claims that his 1992 conviction of reckless endangerment is void because the charging instrument did not charge the offense of reckless endangerment. We affirm the dismissal of the petition.

Shelby Court of Criminal Appeals

State of Tennessee v. Mack T. Transou
W2003-02966-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Roy B. Morgan, Jr.

Following a jury trial, Defendant Mack Transou was convicted of aggravated burglary and rape. He was sentenced to concurrent sentences of fifteen years for aggravated burglary and sixteen years for rape. On appeal, Defendant argues that the evidence presented at trial was insufficient to support the jury's verdict, that the trial court erred in admitting DNA evidence, and that his sentence was improper in light of Blakely v. Washington. We conclude that the evidence was sufficient to support the Defendant's convictions, the DNA evidence was properly admitted, and that the trial court did not err in its application of one enhancement factor when sentencing Defendant. Accordingly, we affirm Defendant’s convictions and sentences.

Madison Court of Criminal Appeals

State of Tennessee v. Harlen Roy L. Zirker, aka Anthony Lamont Zirker
M2003-02546-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Seth W. Norman

The defendant, Harlen Roy L. Zirker, aka Anthony Lamont Zirker, was convicted by a Davidson County jury of two counts of rape of a child, a Class A felony, and four counts of aggravated sexual battery, a Class B felony, and received an effective sentence of seventy-two years. The defendant raises the following issues on appeal: (1) whether the evidence is sufficient to support his convictions; (2) whether the trial court erred in denying his motion to strike two jurors for cause, in admitting evidence of the defendant's prior criminal convictions, and in imposing consecutive sentences. Following our review, we affirm the convictions and sentences.

Davidson Court of Criminal Appeals

Prentiss Phillips v. State of Tennessee
W2004-01626-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge W. Otis Higgs, Jr.

The petitioner, Prentiss Phillips, appeals the denial of his petition for post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel at trial. The judgment is affirmed.

Shelby Court of Criminal Appeals

Willie Tom Ensley v. State of Tennessee
M2003-02831-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Walter C. Kurtz

The petitioner appeals from the dismissal of his Post-Conviction DNA Analysis Petition. Dismissal followed an unfavorable result for the petitioner after DNA analysis of a portion of the evidence. Upon review, we affirm the dismissal.

Davidson Court of Criminal Appeals

State of Tennessee v. Douglas E. Copeland
M2004-01796-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Leon C. Burns, Jr.

The defendant, Douglas E. Copeland, was convicted by a Putnam County Criminal Court jury of driving under the influence of an intoxicant (DUI), a Class A misdemeanor, and driving on a suspended license, a Class B misdemeanor. The trial court imposed a sentence of eleven months, twenty-nine days for the DUI conviction, with probation after ten days in jail, to be served concurrently with his sentence of six months on probation for the driving with a suspended license conviction. The trial court also ordered that the defendant pay fines totaling $860.00. On appeal, the defendant contends that the evidence was insufficient to support his DUI conviction and that the trial court erred by failing to instruct the jury that his inoperable vehicle was a defense to the DUI offense. We affirm the trial court.

Putnam Court of Criminal Appeals

State of Tennessee v. Nathaniel Champion
M2004-02143-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge W. Charles Lee

A Coffee County jury convicted the Defendant, Nathaniel Champion, of the sale of a controlled substance, cocaine, and the trial court sentenced the Defendant to three years. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain his conviction for the sale of cocaine; and (2) the trial court erred when it denied the Defendant's motion for dismissal of appointed counsel. Finding no reversible error, we affirm the judgment of the trial court.

Coffee Court of Criminal Appeals

State of Tennessee v. Leonard Dale Kincer
M2004-01403-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Larry B. Stanley, Jr.

A Van Buren County Jury found the Defendant, Leonard Dale Kincer, guilty of facilitation of the manufacture of one hundred grams or more of a substance containing methamphetamine. The trial court sentenced the Defendant to four years. On appeal, the Defendant contends that: (1) the evidence is insufficient to support his conviction; (2) the trial court erred in its instruction to the jury on facilitation; (3) the State committed prosecutorial misconduct by introducing prejudicial information during its closing argument; and (4) the statute under which the Defendant was convicted is unconstitutional. After thoroughly reviewing the record and the applicable authorities, we affirm the Defendant’s conviction and sentence, and remand for entry of an amended judgment in Count one.

Van Buren Court of Criminal Appeals

State of Tennessee v. Luis Perez
W2004-00980-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge John P. Colton, Jr.

The defendant appeals his dual convictions for possession of marijuana with intent to sell and with intent to deliver. We affirm the sufficiency of the evidence and the denial of the defendant’s motion to suppress. We remand for merger of the offenses as the dual convictions are violative of double jeopardy. Further, we modify the sentence to two years in our de novo review, due to error in failure to make findings of fact in sentencing.

Shelby Court of Criminal Appeals

State of Tennessee v. Terry Wayne Mitchell
M2004-00721-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Lillie Ann Sells

The Defendant, Terry Wayne Mitchell, pled guilty to burglary of an automobile and theft of property over $500.00, in case number 5504, and possession of a schedule IV controlled substance, in case number 5505. The trial court sentenced the Defendant to three years and six months, as a Range II offender, for each of the convictions in case 5504, and it sentenced the Defendant to eleven months and twenty-nine days for the conviction in case 5505. The trial court further ordered that the two sentences in case 5504 would be served consecutively, and the sentence in 5505 would run concurrently. On appeal, the Defendant contends that: (1) the trial court erred by not recusing itself; and (2) the trial court erred when it sentenced the Defendant. After a thorough review of the record, we affirm the Defendant's convictions and sentences.

Overton Court of Criminal Appeals

State of Tennessee v. Jerry Bell
W2003-02870-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Arthur T. Bennett

The Appellant, Jerry Bell, was convicted by a Shelby County jury of two counts of theft of property under $500, one count of aggravated burglary, two counts of kidnapping, and two counts of rape.  As a result of these convictions, Bell received an effective sentence of fourteen years, eleven months, and twenty-nine days. On appeal, Bell raises the following issues for our review: (1) whether the evidence is sufficient to support his convictions, (2) whether the trial court’s ruling permitting introduction of his juvenile record was error, (3) whether the fines imposed by the trial court are excessive, and (4) whether he was sentenced in violation of Blakely v. Washington. After review of the record, we affirm.

Shelby Court of Criminal Appeals

State of Tennessee v. Anthony D. Parr
W2004-01458-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Lee Moore

The defendant, Anthony D. Parr, was convicted by a Dyer County jury of the sale of over .5 grams of a Schedule II controlled substance, cocaine, a Class B felony, and was sentenced as a Range I, standard offender to ten years in the Department of Correction. On appeal, he asserts: (1) the evidence was insufficient to sustain his conviction; (2) the State failed to establish evidentiary chain of custody; and (3) the prosecutor made prejudicial comments in the State’s opening arguments.  Following our review, we affirm the judgment of the trial court.

Dyer Court of Criminal Appeals

Sammie Netters v. State of Tennessee
W2004-01933-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge John P. Colton, Jr.

The petitioner, Sammie Netters, appeals the Shelby County Criminal Court’s dismissal of his petition for post-conviction relief from his conviction for aggravated robbery, a Class B felony. He claims that he received the ineffective assistance of counsel because his attorney failed to investigate his case adequately. We affirm the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Shonda Kay Garcia
W2004-02287-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge William B. Acree, Jr.

The defendant, Shonda Kay Garcia, pled guilty to child abuse and neglect of a child six years of age or less, a Class D felony, in exchange for a two-year sentence as a Range I, standard offender, with the manner of service to be determined by the trial court. Finding that the defendant lacked remorse and that a pattern of child abuse and neglect had been established, the trial court denied the defendant’s request for alternative sentencing and ordered that she serve her sentence in the Department of Correction. The defendant appeals the denial of alternative sentencing. Following our review, we affirm the judgment of the trial court.

Obion Court of Criminal Appeals

Linda June Cross v. State of Tennessee
E2003-01969-CCA-MR3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Leon C. Burns, Jr.

The petitioner, Linda June Cross, was convicted by a jury in the Cumberland County Criminal Court of first degree murder. She was sentenced to life imprisonment in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for post-conviction relief, alleging that because her trial counsel had an actual conflict of interest in representing her, counsel was therefore ineffective. The post-conviction court denied the petition, and the petitioner now appeals. Upon our review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

Cumberland Court of Criminal Appeals

David Johnson Hartsell v. State of Tennessee
E2004-02876-CCA-R3-HC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Lynn W. Brown

The petitioner, David Johnson Hartsell, appeals the dismissal by the Johnson County Circuit Court of his petition for writ of habeas corpus. The state has moved this court to affirm the judgment of the trial court pursuant to Tennessee Court of Criminal Appeals Rule 20. On review, this court affirms the order of dismissal.

Johnson Court of Criminal Appeals

James William Parsons, Jr. v. State of Tennessee
E2004-01838-CCA-R3-HC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Lynn W. Brown

The petitioner, James William Parsons, Jr., filed a petition for a writ of habeas corpus, alleging that he pled guilty to an illegal sentence. The trial court denied the petition, and the petitioner now appeals. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

Johnson Court of Criminal Appeals

State of Tennessee v. Steven John Chromik, III
M2004-01865-CCA-R9-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Monte D. Watkins

In this interlocutory appeal arising from the Davidson County Criminal Court's order suppressing certain statements and writings made by the defendant, Steven John Chromik, III, the state claims that the trial court erred in finding the defendant's statements and writings constituted inadmissible hearsay. The defendant contends that the trial court erred in denying his motion to suppress the statements and writings because of violation of his rights under the United States and Tennessee constitutions. We affirm the trial court's judgment concerning the defendant's constitutional claims but reverse its suppression of the defendant's statements on evidentiary grounds, and we remand the case for further proceedings consistent with this opinion.

Davidson Court of Criminal Appeals

Jimmy Jennett, Jr. a/k/a Michael Brewer v. State of Tennessee
M2004-01414-CCA-R3-HC
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge Don Ash

The petitioner, Jimmy Jennett, Jr., appeals the trial court's dismissal of his petition for writ of habeas corpus. In this appeal, he asserts that the trial court erred by dismissing the petition because he is "restrained of his liberty" by virtue of a 1977 Tennessee conviction that was used to increase his sentence for a 1985 Mississippi conviction. The judgment of the trial court is affirmed.

Rutherford Court of Criminal Appeals