State vs. Homer L. Evans E2000-00069-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: E. Shayne Sexton
The defendant appeals from the trial court's denial of alternative sentencing. We affirm the trial court.
Campbell
Court of Criminal Appeals
State vs. Sean Imfeld E2000-00094-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Mary Beth Leibowitz
Knox
Court of Criminal Appeals
State vs. Sean Imfeld E2000-00094-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Mary Beth Leibowitz
Knox
Court of Criminal Appeals
State vs. Deandrade Phillips E2000-00153-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Phyllis H. Miller
The defendant appeals from his conviction for selling less than one-half gram of cocaine, contesting the sufficiency of the evidence, the trial court's restrictions of his examinations of witnesses, the trial court's failure to require the state to elect the offense for which it sought a conviction, and the jury instructions. We affirm the judgment of the trial court.
Sullivan
Court of Criminal Appeals
State vs. Thomas E. Davenport and John Simmons M2000-00317-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Timothy L. Easter
Both defendants were convicted by a Williamson County jury of selling more than 0.5 grams of cocaine, a Class B felony. Both defendants were sentenced as Range II, multiple offenders. Defendant Simmons received a sixteen-year sentence, and defendant Davenport received a fifteen-year sentence. In this direct appeal, both defendants challenge (1) the sufficiency of the evidence, and (2) the length and manner of service of their sentences. Simmons further raises the following issues: (1) whether he was denied a speedy trial; (2) whether the trial court erred in denying his motion to dismiss due to the absence of proper signatures on the indictment; and (3) whether the trial court erred in failing to require the state to elect an offense upon which to proceed. Additionally, Davenport makes the following allegations: (1) the trial court erred in allowing portions of the audio taped drug transaction to be presented to the jury; (2) the trial court erred in ruling his prior convictions were admissible under Tenn. R. Evid. 609; and (3) the trial court erred in denying his motion for a mistrial when the informant referred to Davenport's offering her a crack pipe. Based upon a review of the record, we affirm the judgment of the trial court as it relates to defendant Simmons; however, we reverse defendant Davenport's conviction for the sale of cocaine and reduce it to simple possession of cocaine. We remand to the trial court to re-sentence defendant Davenport.
State vs. Curtis Emery Duke M2000-00350-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: William Charles Lee
The appellant, Curtis Emery Duke, was convicted in the Marshall County Circuit Court of two counts of the sale of crack cocaine, one count of possession of crack cocaine with the intent to sell, two counts of criminal impersonation, and one count of failure to appear. The trial court sentenced the appellant to a total effective sentence of thirty-nine years. On appeal, the appellant raises the following issues for our review: (1) whether the evidence presented at trial was sufficient to sustain the appellant's convictions; (2) whether the trial court erred in failing to instruct the jury on the lesser-included offense of simple possession; and (3) whether the trial court erred in sentencing the appellant. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court as modified.
Marshall
Court of Criminal Appeals
State vs. Timothy Tyrone Sanders M2000-00603-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: William Charles Lee
The Appellant, Timothy Tyrone Sanders, was convicted by a Bedford County jury of possession of more than .5 grams of cocaine with intent to sell. The Appellant was sentenced to seventeen years six months as a range II offender. On appeal, he raises the following issues: (1) whether the evidence was sufficient to support the verdict; (2) whether the trial court erred by not instructing the jury on the lesser-included offense of simple possession; and (3) whether the trial court improperly sentenced the Appellant. After review, we conclude that the trial court erred in not instructing the jury on simple possession. Accordingly, we reverse and remand for a new trial.
Bedford
Court of Criminal Appeals
State vs. Gregory Lynn Redden M2000-00988-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Robert W. Wedemeyer
The Appellant, Gregory Lynn Redden, was convicted by a Robertson County jury of burglary, theft of property over $1,000, and criminal impersonation. He received concurrent sentences of twelve years for burglary, twelve years for theft of property, and six months for criminal impersonation. On appeal, the Appellant raises the following three issues for our review: (1) whether the evidence was sufficient to support the verdict; (2) whether the trial court erred in not excusing two jurors for cause during voir dire; and (3) whether the trial court erred by allowing the statement of the Appellant's confession into evidence. After review, we find no error and affirm the judgment.
Archie Lee Roberts vs. State M1999-02462-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Leon C. Burns, Jr.
The petitioner, Archie Lee Roberts, was found guilty by a jury in the DeKalb County Criminal Court of one count of first degree murder, for which he received a life sentence, and one count of attempted first degree murder, for which he received a sentence of twenty years incarceration. On direct appeal, we affirmed the petitioner's convictions. Subsequently, the petitioner filed a petition for post-conviction relief alleging ineffective assistance of counsel, which petition was denied by the post-conviction court. On appeal, the petitioner raises the following issue for our review: whether the post-conviction court erred in denying his claim for relief. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.
DeKalb
Court of Criminal Appeals
State vs. Harold Bayuk M2000-01654-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Timothy L. Easter
The Appellant, Harold M. Bayuk, was convicted by a Hickman County Circuit Court jury of one count of driving under the influence of an intoxicant and one count of driving on a revoked license. Following his conviction for DUI, the Appellant waived his right to jury sentencing and agreed to submit the issue of enhanced punishment to the trial court. The trial court found the Appellant guilty of DUI, third offense, and sentenced him to eleven months twenty-nine days, with 150 days to be served in confinement. On appeal, the Appellant argues that the trial court erred in sentencing him to serve 150 days instead of the statutory minimum of 120 days. After review, we affirm the judgment of the trial court in part, vacate in part, and remand this case to the trial court for entry of an amended judgment of conviction.
State vs. Randal L. Cheek M2000-00203-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Timothy L. Easter
This appeal presents review of a certified question of law following the Appellant's guilty pleas to possession of marijuana with intent to sell and possession of drug paraphernalia. Pursuant to his negotiated plea agreement, the court imposed an effective sentence of one and one-half years, suspended after five days confinement followed by two years probation. Also, as part of the plea agreement, the Appellant explicitly reserved, with the consent of the trial court and the State, a certified question of law challenging the court's denial of the Appellant's motion to suppress. On appeal, the State contends that (1) the certified question of law is not contained in the final judgments nor is it incorporated by reference and (2) the question is not clearly stated so as to identify the scope and limits of the legal issue. After review, we find that the question of law presented fails to identify with sufficient clarity the scope and boundaries of the issue reserved. Accordingly, the appeal is hereby dismissed and this case is remanded to the trial court.
Williamson
Court of Criminal Appeals
William Floyd vs. State M2000-00318-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: J. S. Daniel
William Floyd appeals the dismissal of his petition for post-conviction relief. In 1998, Floyd pled guilty to two counts of rape and, under the terms of his plea agreement, was sentenced to twenty years imprisonment. In his petition for post-conviction relief, Floyd contends that his guilty pleas are involuntary because on the date his pleas were entered he was under the influence of prescribed psychotropic drugs. The petition was dismissed by the post-conviction court and this appeal follows. Finding that the evidence in the record does not support Floyd's claim, we affirm the lower court's dismissal.
Cannon
Court of Criminal Appeals
State vs. William Clouse M2000-00436-CCA-R9-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: J. Richard Mcgregor
Van Buren
Court of Criminal Appeals
State vs. William Clouse M2000-00436-CCA-R9-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: J. Richard Mcgregor
Van Buren
Court of Criminal Appeals
State vs. Keith Slater M2000-00486-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Jim T. Hamilton
Following a confession, Keith Slater, the Defendant and Appellant, was indicted by a Giles County Grand Jury for premeditated first-degree murder. The Defendant moved to suppress his confession, but the trial court denied his motion. The Defendant was then tried, convicted and sentenced to life in prison. The Defendant appealed that conviction, and a panel of this Court remanded the case to the trial court for another suppression hearing. The trial court held that hearing and again dismissed the Defendant's suppression motion. Because the evidence does not preponderate against the trial court's findings, we affirm its judgment.
Giles
Court of Criminal Appeals
State vs. Glenn Tidwell M2000-00538-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Frank G. Clement, Jr.
The State of Tennessee appeals from the trial court's dismissal of an indictment for DUI against the appellee, Glenn Tidwell. The trial court determined that the indictment should be dismissed because Tidwell's right to a speedy trial had been violated. After a review of the record, we find that the appellee's right to a speedy trial was violated by the delay in bringing him to trial. The judgment of the trial court is affirmed.
Davidson
Court of Criminal Appeals
State vs. Stephen T. Mays a/k/a Stephen T. Mayes M2000-00602-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Cheryl A. Blackburn
The Appellant, Stephen T. Mays, pled guilty to two counts of theft of property over $10,000 and received two concurrent five-year sentences. Following a sentencing hearing, the trial court imposed split confinement sentences and ordered the Appellant to serve a ninety-day period of confinement. The court also ordered restitution with scheduled payments over a ten-year period. On appeal, the Appellant argues (1) that the trial court erred in failing to grant the Appellant's request for total probation; and (2) that the trial court improperly established restitution. After review, the judgment of the Davidson County Criminal Court is affirmed.
Davidson
Court of Criminal Appeals
State vs. Anterrian Jutiki Gunn M1999-02140-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: John H. Gasaway, III
The State of Tennessee appeals from the trial court grant of the defendant's, Anterrian Juitiki Gunn, motion to suppress. We reverse the trial judge's decision and remand pursuant to Tennessee Rule of Criminal Procedure 12 (e) for a determination of the essential facts necessary to determine the propriety of the trial court's granting of the defendant's motion to suppress.
Robertson
Court of Criminal Appeals
State vs. G'dongalay Berry and Christopher Davis M1999-00824-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: J. Randall Wyatt, Jr.
A jury convicted the defendants of first degree murder in the shooting death of Adrian Dickerson. For this offense, the defendants received life sentences. They now appeal their convictions bringing three issues each. More specifically, G'dongalay Berry contends (1) that the trial court erred by not granting his request for a severance while allowing testimony concerning Berry's co-defendant's solicitation of a witness to commit a separate murder four months after this event; (2) that the uncorroborated testimony of accomplices is insufficient to sustain his conviction; and, similarly, (3) that the evidence presented is "insufficient, as a matter of law, for a rational trier of fact to find the defendant guilty of first degree murder." In addition, Christopher Davis alleges (1) that the trial court committed prejudicial error by allowing testimony concerning gang activity and membership; (2) that the trial court's admission of testimony regarding Davis' aforementioned solicitation to commit murder four months after this crime occurred constituted prejudicial error; and, (3) that should this court deem these alleged errors harmless individually, the cumulative effect of such mistakes deprived him of due process by making the trial fundamentally unfair. Having reviewed all of these issues and finding that none provide a basis for relief to either defendant, we affirm the trial court's judgment.
Davidson
Court of Criminal Appeals
State vs. William "Butch" Osepczuk M1999-00846-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Stella L. Hargrove
William Osepczuk was convicted of criminal attempt to commit first degree murder and was sentenced to twenty-five years in the Department of Correction. He now appeals his conviction challenging the sufficiency of the convicting evidence based upon the non credible testimony of the victim and the erroneous admission of non relevant physical evidence. Finding the proof more than sufficient to support his conviction, we affirm the judgment of the trial court.
Lawrence
Court of Criminal Appeals
State vs. Carl Bolin M1999-00849-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Robert W. Wedemeyer
The defendant, Carl Dean Bolin, was convicted by a Montgomery County Circuit Court jury of reckless homicide, a Class D felony. The trial court sentenced the defendant as a Range I, standard offender to four years in the Department of Correction. On appeal, the defendant contends that the trial court erred in sentencing him to the maximum of four years and by ordering that his sentence be served in the Department of Correction. After a careful review of the record, we affirm the judgment of the trial court.
Montgomery
Court of Criminal Appeals
Michael Carlton Bailey vs. State M1999-01065-CCA-R3-PC
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Robert E. Burch
The appellant, Michael Carlton Bailey, appeals from the trial court's denial of his petition for post-conviction relief. On appeal, the appellant challenges the trial court's determination that (1) he received the effective assistance of counsel, and (2) that he was not denied due process by the alleged violation of Tennessee Rule of Evidence 615 by two State witnesses.
