COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Carlos Sommerville
W2004-01083-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge J. C. Mclin

The Defendant, Carlos Sommerville, was convicted of second degree murder, first degree felony murder, and attempted first degree murder. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain his convictions; and (2) the trial court erred when it admitted certain autopsy x-rays and photographs into evidence at trial. Finding no error, we affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Michael Barnett Bills aka Micheal/Michael Burnett Bills
W2004-01649-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Jon Kerry Blackwood

On appeal, the defendant contends that: (1) the trial court erred in ruling that he could not use his peremptory challenges to “strike back” jurors after the first two rounds of challenges; and (2) the State failed to comply with Tennessee Rule of Criminal Procedure 16, by failing to disclose a letter written by the defendant to his girlfriend, thus disadvantaging his trial preparation. Upon our review, we affirm the defendant’s conviction.

Hardeman Court of Criminal Appeals

State of Tennessee v. James Beasley
W2004-01197-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Roy B. Morgan, Jr.

On appeal, the defendant challenges (1) the sufficiency of the evidence to support the verdicts, and (2) the trial court’s denial of his request for a mistrial. Following our review, we conclude that the evidence presented was sufficient to support the jury’s verdict and that the trial court did not abuse its discretion in denying the defendant’s request for a mistrial. We affirm the judgments of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. William Belchia
W2004-01168-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge James C. Beasley, Jr.

The defendant, William Belchia, was convicted by a Shelby County Criminal Court jury of theft of property over $1000 but less than $10,000, a Class D felony, for failing to return a rental car. He was sentenced as a career offender to twelve years in the Department of Correction. In a timely appeal to this court, he argues that the State failed to prove beyond a reasonable doubt that he intended to deprive the rental car company of its property and that the trial court erred by not instructing the jury on the temporary taking of a vehicle, Tenn. Code Ann. § 55-5-104, as a lesser-included offense of theft of property. Following our review, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Larry Porter
W2004-01584-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Bernie Weinman

The Defendant, Larry Porter, was convicted of aggravated assault, and the trial court sentenced the Defendant to eight years, as a multiple offender. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain his conviction; and (2) the trial court erred when it sentenced him.  Finding no reversible error in the judgment of the trial court, we affirm the Defendant’s conviction and sentence.

Shelby Court of Criminal Appeals

State of Tennessee v. Freddie T. Inman, Jr.
W2004-02371-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Jon Kerry Blackwood

The defendant was convicted of theft of property greater than $1,000 but less than $10,000, a Class D felony, and was sentenced as a career offender to twelve years in the Department of Correction.  On appeal, the defendant raises the following issues: (1) whether the evidence was sufficient to sustain his conviction; and (2) whether the trial court erred in granting the State a continuance over the defendant’s motion to dismiss, in not granting the defense a continuance because of a missing witness, in limiting cross-examination of a witness, in denying a continuance due to a witness who was not subpoenaed, in not allowing the testimony of two witnesses at the hearing on the motion for a new trial, and in sentencing the defendant as a career offender. Finding the evidence sufficient to support the conviction and no reversible error, we affirm the judgment of the trial court.

McNairy Court of Criminal Appeals

State of Tennessee v. Carl McIntosh
W2003-02359-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Donald H. Allen

The Defendant, Carl McIntosh, was convicted by a jury for: the sale of 0.5 grams or more of cocaine on October 5, 2001, the delivery of 0.5 grams or more of cocaine on October 5, 2001; and two counts of simple possession on October 9, 2001. The trial court sentenced the Defendant as a Range I,
standard offender, to an effective sentence of twelve years, eleven months and twenty-nine days. On appeal, the Defendant contends that: (1) the trial court erred in admitting the forensic chemistry report dated October 31, 2001 into evidence; (2) the trial court erred in ordering his sentences for the current offenses to be served consecutively; (3) the trial court erred in ordering the Defendant’s misdemeanor sentence to run consecutively to his paroled sentences; and (4) the trial court’s enhancement of the Defendant’s misdemeanor and felony sentences beyond the presumptive minimum sentence violated the rule set forth in Blakely v. Washington, ___ U.S. ___, 124 S. Ct. 2531 (2004). After a thorough review of the record, we affirm the Defendant’s convictions and sentences.

Madison Court of Criminal Appeals

State of Tennessee v. Carl McIntosh - Concurring and Dissenting
W2003-02359-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Donald H. Allen

I concur in all parts of the majority opinion except to that portion which holds that the felony sentence imposed in violation of Blakely v. Washington, 542 U.S. ___, 124 S. Ct. 2531 (2004) is harmless error beyond a reasonable doubt.

Madison Court of Criminal Appeals

State of Tennessee v. Jason White
W2003-02558-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge W. Fred Axley

The appellant, Jason White, was convicted by a jury in the Shelby County Criminal Court of first degree felony murder and sentenced to life imprisonment. On appeal, the appellant contends that (1) the trial court improperly limited the scope of cross-examination of a State’s witness; (2) the trial court erred by admitting gruesome photographs of the deceased victim; (3) the trial court’s improper remarks in the presence of the jury prejudiced the appellant; (4) the trial court erred by admitting hearsay evidence as an excited utterance; and (5) “[t]he form of the jury verdict [was] so lacking in meaning as to render it ineffective to convict the [appellant].” Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

La Southaphanh v. State of Tennessee
M2003-02730-CCA-MR3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge James K. Clayton, Jr.

The petitioner, La Southaphanh, appeals from the Rutherford County Circuit Court's dismissal of his two petitions for post-conviction relief from his convictions for aggravated burglary, a Class C felony, aggravated assault, a Class C felony, and theft over one thousand dollars, a Class D felony. He contends that he received the ineffective assistance of counsel at his trial for aggravated burglary and theft over one thousand dollars because his attorney failed to move to suppress his confession, failed to move for a mistrial when his co-defendant stated that the petitioner was in a gang, failed to attack the credibility of one of the investigating officers, and failed to meet with him and prepare for trial adequately. He contends that he received the ineffective assistance of counsel at his trial for aggravated assault because his attorney failed to meet with him and prepare for trial adequately. We affirm the trial court.

Rutherford Court of Criminal Appeals

State of Tennessee v. Malinda L. Mason
M2003-03065-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Frank G. Clement, Jr.

Defendant, Malinda L. Mason, was indicted for driving under the influence of an intoxicant and for violation of the implied consent law. Following a jury trial, Defendant was convicted of driving under the influence, fifth offense, and sentenced to twenty-one months in the county workhouse as a Range I, standard offender. Defendant's sole issue on appeal challenges the trial court's denial of her request for a mistrial. After a review of the record, we affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

Anthony L. Harris v. State of Tennessee
M2004-00539-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Steve R. Dozier

The petitioner, Anthony L. Harris, was found guilty by a jury of armed robbery by use of a deadly weapon and aggravated kidnapping. The petitioner received a total effective sentence of ninety years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for relief under the Post-Conviction DNA Analysis Act of 2001. The post-conviction court dismissed the petition, and the petitioner appealed. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

State of Tennessee v. William D. Busby
M2004-00925-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Robert E. Lee Davies

The Defendant, William D. Busby, was convicted by a jury of four counts of rape of a child. The trial court subsequently sentenced him to four concurrent terms of twenty years in the Department of Correction. In this direct appeal, the Defendant contends that the trial court committed reversible error by failing to instruct the jury about the State's election of offenses. Finding that the trial court's error was harmless beyond a reasonable doubt, we affirm the judgments of the trial court.

Lewis Court of Criminal Appeals

State of Tennessee v. James Theron Hale
M2004-00870-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Michael R. Jones

The Defendant was found guilty by jury verdict of domestic assault, a Class A misdemeanor. He was sentenced to eleven months and twenty-nine days with the sentence suspended, conditioned upon his successful completion of probation. The Defendant now appeals, raising three issues: (1) there was insufficient evidence to support his conviction for domestic assault; (2) the trial court erred by not instructing the jury to elect the particular offense the Defendant was guilty of; and (3) the Defendant suffered a due process right violation when he was denied immediate access to his personal property. We affirm the judgment of the trial court.

Montgomery Court of Criminal Appeals

Ryan James Moran v. State of Tennessee
M2004-01084-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Robert L. Holloway

The Petitioner, Ryan James Moran, pled guilty to multiple offenses that occurred in 1995, and the trial court sentenced him to an effective sentence of seventy-five years in prison. The Petitioner filed a pro se petition for post-conviction relief, which the post-conviction court summarily dismissed because it was barred by the statute of limitations. The Petitioner appeals, contending that the post-conviction court erred. Finding no reversible error, we affirm the post-conviction court's judgment.

Giles Court of Criminal Appeals

Keith D. Henderson v. State of Tennessee
M2004-02665-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Seth W. Norman

The Petitioner, Keith D. Henderson, appeals from the dismissal of his petition for the writ of habeas corpus. The State has filed a motion requesting that the Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the State's motion has merit. Accordingly, the motion is granted and the judgment of the trial court is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals.

Davidson Court of Criminal Appeals

James Burns v. State of Tennessee
M2004-00793-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge W. Charles Lee

The petitioner pled guilty to one count of second degree murder and one count of aggravated assault on February 7, 2003. The trial court sentenced him to twenty (20) years and five (5) years, respectively, for the above convictions. The petitioner filed a petition for post-conviction relief. The trial court held a hearing and stated upon the record that the petition was denied. However, a written order was never entered by the trial court. Because there is no final order from which the petitioner may appeal, we dismiss the appeal.

Marshall Court of Criminal Appeals

Antonio Jackson v. State of Tennessee
W2004-00328-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Joseph B. Dailey

The Appellant, Antonio Jackson, appeals the denial of his petition for post-conviction relief by the Shelby County Criminal Court. On appeal, Jackson contends that he was denied the effective assistance of counsel at trial. Specifically, he contends that his trial attorneys were ineffective by failing to pursue an alibi defense and by failing to properly investigate and prepare the case for trial.  After review, we affirm the denial of the petition.

Shelby Court of Criminal Appeals

State of Tennessee v. Ronnell Jason Leberry
M2003-01228-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge John H. Gasaway, III

A Montgomery County jury convicted the Defendant, Ronnell Jason Leberry, of aggravated assault, extortion, especially aggravated kidnapping, and two counts of facilitation to commit aggravated rape. The trial court sentenced the Defendant to an effective sentence of thirty-two years and six months. On appeal, the Defendant contends that: (1) the trial court erred when it failed to instruct the jury on accomplice testimony; (2) he was denied a unanimous jury verdict; (3) the trial court erred by failing to recuse itself; (4) the evidence is insufficient to support his convictions; (5) he was denied his right to an impartial jury because certain jurors considered evidence not admitted at trial; (6) the trial court erred by failing to recuse the Assistant District Attorney General at trial; (7) he was denied the right to a fair trial because he was required to wear leg-shackles during the trial; (8) he was denied a fair trial due to the racial composition of the jury; and (9) the trial court erred by enhancing the Defendant's sentences and ordering consecutive sentencing. After thoroughly reviewing the record, we affirm all of the Defendant's convictions. Further, we hold that the trial court improperly enhanced the Defendant's sentences in light of Blakely v. Washington, 542 U.S. __, 124 S. Ct. 2531 (2004), and we reduce the Defendant's sentences in accordance with this opinion to an effective sentence of twenty-eight years.

Montgomery Court of Criminal Appeals

State of Tennessee v. Charles O. Emesibe
M2003-02983-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Cheryl A. Blackburn

Following a jury trial, Defendant, Charles O. Emesibe, was convicted in count one of first degree felony murder during the perpetration or attempted perpetration of the kidnapping of Ibiene A. Emesibe; in count two of first degree felony murder during the perpetration or attempted perpetration of the kidnapping of Letitia Abili; in count three of first degree felony murder of Ms. Emesibe during the perpetration or attempted perpetration of a burglary; in count four of first degree felony murder of Ms. Abili during the perpetration or attempted perpetration of a burglary; in count five of first degree premeditated murder of Ms. Emesibe; and in count six of first degree premeditated murder of Ms. Abili. The trial court merged counts one and five with count three, and counts two and six with count four. The trial court imposed life sentences for each felony murder conviction and ordered Defendant's two life sentences to be served consecutively. On appeal, Defendant argues (1) that the evidence is insufficient to sustain his convictions; (2) that the trial court erred in admitting certain photographs into evidence; (3) that the trial court erred in ruling certain statements admissible; (4) that the trial court erred in admitting court documents pertaining to Defendant's divorce into evidence; (5) that the trial court erred in admitting the testimony of Ms. Emesibe's attorney concerning Defendant's divorce proceedings; and (6) that the trial court erred in ordering Defendant's two life sentences to be served consecutively. After a thorough review of the record, we affirm the trial court's judgments.

Davidson Court of Criminal Appeals

State of Tennessee v. Raymond D. Simpson - Order
M2003-02951-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Presiding Judge Gary R. Wade

In an opinion filed on January 7, 2005, this court affirmed the trial court's denial of probation but modified the defendant's sentence to comply with the requirements of Blakely v. Washington, 542 U.S. ____, 124 S. Ct. 2531 (2004). On January 18, 2005, the state filed a petition to rehear pursuant to Tennessee Rule of Appellate Procedure 39. The state asserts that this court erred by modifying the sentence because the defendant waived any challenge under Blakely and because the record was incomplete.

Dickson Court of Criminal Appeals

Thomas M. McCormick v. State of Tennessee
M2004-00042-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge W. Charles Lee

The petitioner, Thomas M. McCormick, appeals as of right the dismissal of his petition for post-conviction relief by the Bedford County Circuit Court. He seeks relief from his conviction for aggravated assault and sentence of twelve years as a Range III, persistent offender. The petitioner contends that he received the ineffective assistance of counsel which caused him to enter an unknowing and involuntary guilty plea. We affirm the judgment of the trial court.

Bedford Court of Criminal Appeals

State of Tennessee v. Miguel Garcia
E2004-01698-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge James E. Beckner

A Hamblen County Criminal Court Jury convicted the defendant, Miguel Garcia, of possession of more than three hundred grams of cocaine with the intent to deliver, a Class A felony, and the trial court sentenced him as a Range I, standard offender to twenty-two years in the Department of Correction. The defendant appeals, claiming that the trial court erred in denying his motion to suppress and that his sentence is excessive. We affirm the defendant's judgment of conviction, but we modify his sentence under the rule announced in Blakely v. Washington, 542 U.S. __, 124 S. Ct. 2531 (2004), from twenty-two years to twenty years.

Hamblen Court of Criminal Appeals

Frankie Donald Releford v. State of Tennessee
E2004-00695-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge R. Jerry Beck

The Appellant, Frankie Donald Releford, appeals the judgment of the Sullivan County Criminal Court denying his petition for post-conviction relief. On appeal, Releford argues that he was denied the effective assistance of counsel at trial and that the post-conviction court erred in allowing trial counsel to remain in the courtroom during the post-conviction proceeding. After review of the record, we affirm the denial of post-conviction relief.

Sullivan Court of Criminal Appeals

Danny Worthington v. State of Tennessee
E2003-01929-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge James B. Scott, Jr.

The Appellant, Danny Worthington, appeals the judgment of the Scott County Criminal Court denying post-conviction relief. On appeal, Worthington argues that trial counsel was ineffective for providing erroneous advice and, as a result, his guilty plea was not knowingly and voluntarily entered. After review, the judgment of the post-conviction court is affirmed.

Scott Court of Criminal Appeals