COURT OF CRIMINAL APPEALS OPINIONS

Ricky Garrett v. State of Tennessee
M2001-00312-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Steve R. Dozier

The petitioner appeals the denial of his petition for post-conviction relief from a burglary conviction, arguing that the post-conviction court erred in finding that he received the effective assistance of trial counsel. He contends that trial counsel failed to provide information that was essential for him to make informed decisions in his case and failed to present an adequate defense at trial, and that the cumulative effect of the alleged deficiencies in counsel's performance was to prejudice the outcome of his case. We affirm the denial of the petition for post-conviction relief.

Davidson Court of Criminal Appeals

State of Tennessee v. Jimmy L. Slatton
M2001-01529-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge J. O. Bond

The defendant, Jimmy L. Slatton, pleaded guilty to attempted aggravated sexual battery and agreed to a six-year sentence. The plea agreement provided that the trial court would determine the manner of service of the sentence. After a sentencing hearing, the trial court denied any form of alternative sentencing and imposed incarceration in the Department of Correction. From this determination, the defendant appeals. Finding no error, we affirm the judgment of the trial court.

Wilson Court of Criminal Appeals

State of Tennessee v. Jimmy L. Slatton
M2001-01529-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge J. O. Bond
The defendant, Jimmy L. Slatton, pleaded guilty to attempted aggravated sexual battery and agreed to a six-year sentence. The plea agreement provided that the trial court would determine the manner of service of the sentence. After a sentencing hearing, the trial court denied any form of alternative sentencing and imposed incarceration in the Department of Correction. From this determination, the defendant appeals. Finding no error, we affirm the judgment of the trial court.

Wilson Court of Criminal Appeals

Steve V. Walker v. State of Tennessee
E2001-00322-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Douglas A. Meyer

The Petitioner filed a petition for writ of habeas corpus, alleging that his sentence was illegal because: (1) he was improperly sentenced as a persistent offender; (2) his sentence was improperly enhanced because he did not receive the State's notice of intent to seek enhanced punishment; (3) the record of his prior criminal convictions relied upon to sentence him was inaccurate; and (4) his counsel was ineffective. The trial court denied the Petitioner's request for habeas corpus relief, and the Petitioner appealed. Because the Petitioner has failed to allege grounds that would warrant habeas corpus relief, the judgment of the trial court is affirmed.

Hamilton Court of Criminal Appeals

State of Tennessee v. Michael Danelle Harvey
W2001-01164-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Donald H. Allen
Defendant was convicted for one count of statutory rape and one count of criminal exposure to HIV. Defendant appeals alleging (1) that there was insufficient evidence to support his convictions and (2) the imposition of consecutive sentences was excessive. We affirm the trial court judgment.

Madison Court of Criminal Appeals

In Re: Sanford & Sons Bail Bonds, Inc.
E2001-01479-CCA-R3-CV
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge James E. Beckner

The appellant, Sanford & Sons Bail Bonds, Inc., appeals the judgment of the Hamblen County Criminal Court forfeiting $5,000 bail in the case of criminal defendant Florentino DeJesus Hernandez. Following a review of the record and the parties' briefs, we reverse the judgment of the trial court and remand this case for proceedings consistent with this opinion.

Hamblen Court of Criminal Appeals

State of Tennessee v. Terrance Burke
W2001-01462-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Chris B. Craft
A Shelby County jury convicted the defendant, Terrance Burke, of aggravated robbery. On appeal, he challenges the sufficiency of the convicting evidence and the trial court's denial of his pretrial motion to suppress the victim's identification of him via a photographic line-up. Discerning no reversible error, we affirm the conviction.

Shelby Court of Criminal Appeals

State of Tennessee v. Jody Alan Ferguson
W2001-02786-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge William B. Acree

On November 9, 1999, the Appellant, Jody Alan Ferguson, pled guilty to nine counts of forgery in the Obion County Circuit Court and was sentenced to two years of community corrections after service of thirty days confinement in the county jail. On March 9, 2000, Ferguson pled guilty to four counts of forgery and received an effective sentence of two years in the Tennessee Department of Correction. Ferguson's placement in the community corrections program was revoked and his nine two-year sentences were ordered to be served in the Department of Correction concurrently with his March 9th sentences. On June 21, 2000, Ferguson was granted determinate release by the Department of Correction for the series of two-year sentences imposed on November 9, 1999, and March 9, 2000, and he was returned to supervised probation. On June 26, 2000, Ferguson again pled guilty to two counts of forgery and received concurrent two-year suspended sentences to be served concurrently to all outstanding sentences previously imposed. On August 28, 2001, probation violation warrants were issued against Ferguson. The warrants alleged that Ferguson had violated the following conditions: (1) failed to report to the probation officer; (2) failed to pay supervision fees; (3) failed to pay restitution and court costs; and (4) failed to perform community service work. On November 9, 2001, the trial court revoked Ferguson's probationary status and ordered him to serve the remainder of his two-year sentences in the Tennessee Department of Correction. On appeal, Ferguson does not contest the trial court's finding that he violated the terms of his probation. Rather, Ferguson argues that the trial court abused its discretion by not again placing him on probation or community corrections. After review, we find no error and affirm the judgment of the trial court.

Obion Court of Criminal Appeals

State of Tennessee v. William J. Burns
E2001-01601-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Rex Henry Ogle

William J. Burns appeals from his aggravated burglary and theft convictions. He was convicted at a jury trial in the Sevier County Circuit Court, and he is presently serving an effective fifteen-year sentence as a persistent offender for these crimes. He claims in this appeal that the evidence is insufficient to support his aggravated burglary conviction and that the lower court erred in denying his motion for a mistrial. Because we disagree, we affirm.

Sevier Court of Criminal Appeals

State of Tennessee v. Douglas A. Mathis
E2001-02042-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Phyllis H. Miller

A Sullivan County jury convicted the defendant of theft over $1,000 for stealing a car. On appeal, he argues the evidence was insufficient to support his conviction. We affirm the judgment of the trial court.

Sullivan Court of Criminal Appeals

State of Tennessee v. Carl G. Dodd
E2001-01304-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Thomas W. Graham
Carl G. Dodd appeals his rape conviction from the Rhea County Circuit Court. Dodd's conviction stems from a sexual assault upon a mentally retarded adult man. He is presently serving an eleven-year sentence in the Department of Correction for this crime. In this direct appeal, he claims that the trial court erred in admitting a psychological report as a business record even though it was not prepared by the agency through whose employee it was admitted, that the lower court erred in admitting evidence of the victim's statements to a caseworker about the crime, and that he was sentenced too harshly. Because we are unpersuaded of harmful error, we affirm.

Rhea Court of Criminal Appeals

State of Tennessee v. Stevie Lawson
E2001-01841-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge James E. Beckner
Convicted of facilitation of aggravated burglary, theft, and contributing to the delinquency of a minor, the defendant appeals and claims that (1) the trial court erroneously admitted the videotape deposition of the aggravated burglary and theft victim, (2) the jury's verdicts were inconsistent, and (3) the testimony of an accomplice was not adequately corroborated. On the issue of the admission of the victim's videotape deposition that was taken to preserve his testimony, we hold that the assistant district attorney general who took the deposition lacked authority to administer the oath to the deponent and that the lack of authority effectively resulted in no deposition being taken. However, we hold that the resulting videotape was a hearsay statement that was admissible into evidence for lack of a timely objection and that no plain error review is warranted. We also hold that the verdicts are valid despite any apparent inconsistency among them and that the testimony of an accomplice was adequately corroborated. Finding no reversible error, we affirm.

Hawkins Court of Criminal Appeals

Jermaine A. Paine v. State of Tennessee
W2001-01564-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Joseph B. Dailey
On February 23, 1999, the Defendant, Jermaine Payne, pled guilty to one count of second degree murder and two counts of attempted first degree murder. He was sentenced to twenty-five years for the second degree murder and fifteen years for each of the attempted murders. The sentences were to be served concurrently. The Defendant subsequently filed a pro se Petition for Post-Conviction relief which was amended with the aid of appointed counsel. The petition alleged that the Defendant was denied effective assistance of counsel. A hearing was held on the petition on January 12, 2001, and relief was denied. The Defendant now appeals the trial court's denial of post-conviction relief. We affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Charles Kirby
W2001-00791-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge L. Terry Lafferty

The appellant, Charles Kirby, was found guilty of facilitation of the sale of cocaine in the amount of .5 gram or more. He was sentenced to five years incarceration in the Tennessee Department of Correction. The appellant timely filed a notice of appeal, alleging that the evidence is insufficient to support his conviction. After review of the record and the parties' briefs, we affirm the judgment of the trial court.

Gibson Court of Criminal Appeals

State of Tennessee v. James Robert Wilson
M2000-00760-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Steve R. Dozier

Defendant, James Robert Wilson, was convicted by a Davidson County jury of first degree felony murder and especially aggravated robbery. He was ordered to serve concurrent sentences of life imprisonment for the felony murder conviction and twenty years for the especially aggravated robbery conviction. Defendant appeals his convictions and presents the following five issues for review: (1) whether the trial court erred by admitting audio taped threat evidence; (2) whether the trial court erred by denying Defendant's motion for a mistrial based on a witness's characterization of Defendant as a "robber"; (3) whether the trial court erred by denying Defendant's motion for a mistrial based on the State's comment that Defendant failed to call a witness; (4) whether the trial court erred by denying Defendant's request for a jury instruction on accomplice testimony; and (5) whether the trial court erred in failing to charge all applicable lesser-included offenses. After a thorough review of the record, we affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

State of Tennessee v. Willie J. Miller, Jr.
M2001-01868-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Timothy L. Easter
The defendant appeals from his conviction for child rape rendered after a jury trial. On appeal, the defendant claims: (1) the trial court erred in denying the defendant's request for an appointed DNA expert; (2) the victim, who was five years old at the time of trial, was not competent to testify; and (3) the evidence was insufficient to support his conviction because the victim's testimony should not have been presented. We affirm the judgment of the trial court.

Williamson Court of Criminal Appeals

State of Tennessee v. Steven James McCain
M2000-02989-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The appellant, Steven James McCain, was convicted by a jury in the Criminal Court of Davidson County of two counts of first degree premeditated murder. He received two consecutive sentences of life imprisonment with the possibility of parole. On appeal, the appellant raises the following issues for our review: (1) whether the trial court erred in denying the appellant's "Motion to Suppress Identifications Made During an Unconstitutional Photographic Line-Up Procedure"; (2) whether the trial court erred in denying the appellant's "Motion to Suppress Defendant's Statements"; (3) whether the trial court erred in admitting the audio-tape-recorded statement of Chad Collins; (4) whether the trial court erred in overruling the defense request for a mistrial when the prosecution improperly argued that the jury should consider Chad Collins' statement as substantive evidence at trial; and (5) whether the evidence was sufficient to support his convictions. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.

Davidson Court of Criminal Appeals

State of Tennessee v. Steven Dalton
M2001-00756-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Donald P. Harris
A Hickman County Criminal Court jury found the defendant, Steven Dalton, guilty of voluntary manslaughter for the killing of a fellow inmate. The trial court imposed a six-year sentence to be served consecutively to the defendant's existing life sentence. The defendant appeals his conviction, claiming: (1) the trial court erred in allowing the State to impeach him with his prior felony murder conviction and (2) the evidence was insufficient to support his conviction for voluntary manslaughter. We affirm the judgment of the trial court.

Hickman Court of Criminal Appeals

State of Tennessee v. Terry Norris
W2000-00707-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James C. Beasley, Jr.

A Shelby County jury found the Defendant guilty of second degree murder, and the trial court sentenced him to twenty-one years incarceration. The Defendant now appeals his conviction, arguing that he received ineffective assistance of counsel at trial because (1) his counsel failed to file a motion to suppress his confession based upon a violation of the Defendant's Fourth Amendment rights; and (2) his counsel argued a theory of defense to the jury that was contrary to the Defendant's wishes and testimony. We conclude that the Defendant's trial counsel were not ineffective for failing to base the motion to suppress the Defendant's confession on a violation of the Defendant's Fourth Amendment rights. We further conclude that although the Defendant's counsel did not comply with the Defendant's wish to proceed at trial under a theory of self-defense, any error in this regard was harmless in light of the record as a whole. We therefore affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Ricky T. Hughes
M2000-01846-CCA-MR3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Cheryl A. Blackburn

A Davidson County Criminal Court jury convicted the defendant, Ricky T. Hughes, of facilitation of first degree felony murder, a Class A felony, and especially aggravated robbery, a Class A felony.  The trial court sentenced him to consecutive sentences of twenty-five years as a standard offender for the facilitation conviction and twenty-five years as a violent offender for the aggravated robbery conviction. The defendant appeals, claiming that (1) the evidence is insufficient to support his
convictions, (2) the trial court erred by denying his motion to suppress his confession, and (3) the trial court erred by not allowing him to testify about a prior consistent statement. We affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

State of Tennessee v. Tracy Farrell
E2001-01199-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Carroll L. Ross

The defendant, Tracy Farrell, appeals from his eleven drug convictions rendered by a McMinn County Criminal Court jury. On appeal he challenges the trial court's failure to grant a severance of offenses. We have determined that the trial court did not abuse its discretion in denying the motion to sever offenses, and we affirm the conviction judgments.

McMinn Court of Criminal Appeals

State of Tennessee v. Nathan Scott Ramagos
M2001-01873-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Seth W. Norman

The defendant pled guilty to one count of sexual battery, a Class E felony; one count of indecent exposure, a Class A misdemeanor; and one count of reckless aggravated assault, a Class D felony. Denying his request for probation, the trial court sentenced him as a Range I, standard offender to the maximum sentence for each offense, for an effective sentence of four years. In a timely appeal to this court, the defendant challenges his sentences, arguing that the trial court erred in its application of enhancement factors, and in failing to find any factors in mitigation. Based upon our review, we conclude that two of the three enhancement factors found applicable by the trial court are unsupported by the record, but that the remaining enhancement factor, the defendant's prior history of criminal conduct, is entitled to great weight. We further conclude that mitigating factor (1), the defendant's actions did not cause or threaten serious bodily injury, applies to the defendant's convictions for sexual battery and indecent exposure, but that it carries very little, if any, weight in mitigation. Accordingly, we affirm the trial court's denial of the defendant's request for probation, and the sentences imposed in this case.

Davidson Court of Criminal Appeals

State of Tennessee v. Steven L. Rauhuff
E2001-00543-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant was indicted for operation of a motor vehicle after being declared an habitual offender. Following a bench trial, he was convicted of the indicted offense. In this appeal, the defendant challenges the sufficiency of the evidence. We affirm.

Blount Court of Criminal Appeals

State of Tennessee v. Charles H. Martin
E2001-00565-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Rex H. Ogle

The Defendant, Charles H. Martin, was convicted by a jury of aggravated assault. Following a sentencing hearing, the trial court sentenced him as a Range I offender to six years in the Department of Correction. On appeal, the Defendant contends that the trial court erred in denying his motion to strike handwritten portions of the indictment. We affirm the judgment of the trial court.

Sevier Court of Criminal Appeals

State of Tennessee v. James L. McCurry
E2001-01900-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge E. Eugene Eblen

The Appellant, James L. McCurry, was convicted by a Roane County jury of one count of premeditated first degree murder and was sentenced to life imprisonment. On appeal, McCurry raises two issues for our review: (1) Whether the evidence presented at trial was sufficient to support a conviction for premeditated first degree murder; and (2) whether the trial court erred by failing to exercise its role as the thirteenth juror. After review, we find no error and affirm the judgment of the trial court.

Roane Court of Criminal Appeals