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State vs. Michael W. Smith W1999-01817-CCA-R3-PC Authoring Judge: Judge Alan E. Glenn Trial Court Judge: John P. Colton, Jr. The petitioner pled guilty in Shelby County Criminal Court to two counts of rape, two counts of aggravated burglary, and five misdemeanor counts. He was sentenced, pursuant to a negotiated plea agreement, to ten years for each of the rape counts; six years for each of the aggravated burglary counts; and eleven months and twenty-nine days for each of the misdemeanor counts, with all sentences to be served concurrently for an effective sentence of ten years. The sequence of the charges was that the petitioner was arrested and charged with a rape, an aggravated burglary, and all of the misdemeanor counts, released on bail, and later arrested for the second rape and aggravated burglary, both of which occurred while he was on bail for the first set of charges. In this petition for post-conviction relief, the petitioner sought to have his guilty pleas set aside on the grounds that his pleas were not voluntarily and knowingly made and he received ineffective assistance of counsel. It is unnecessary to address those issues because it appears from the record that the negotiated plea agreement was in violation of Tennessee Code Annotated Section 40-20-111(b), requiring that a sentence for a felony committed while on bail be served consecutively to the sentence for the initial felony charge. Because we do not know whether the petitioner would have entered his pleas of guilty had he known of the requirement regarding consecutive sentencing, on remand the petitioner must be allowed to withdraw his pleas of guilty as to both of the rape and both of the aggravated burglary charges.	Shelby	Court of Criminal Appeals	07/11/00
State vs. Freddie Norment W1999-01928-CCA-R3-CD Authoring Judge: Judge Alan E. Glenn Trial Court Judge: Jon Kerry Blackwood The defendant was convicted of aggravated assault for wounding a jail cell mate with a homemade knife. On appeal, the defendant raises the following issues: whether the jury's verdict was supported by the evidence; whether the trial court erred in denying the defendant's motion to examine a potential witness outside the jury's presence; and whether the trial court erred in failing to issue curative jury instructions after the allegedly improper testimony of a prosecution witness. Based upon our review, we affirm the judgment of the trial court.	Fayette	Court of Criminal Appeals	07/11/00
State vs. Reginald Merriweather W1999-02050-CCA-R3-CD Authoring Judge: Judge Cornelia A. Clark Trial Court Judge: John Franklin Murchison The defendant appeals his jury convictions of attempted second degree murder, aggravated assault, and especially aggravated robbery. He raises the following issues: (1) whether the trial judge erred in denying defendant's request for a mistrial based on a juror's response during voir dire; (2) whether the trial court erred in directing a witness to answer questions on cross-examination; (3) whether the evidence was sufficient to support his convictions; and (4) whether the trial court erred in failing to instruct the jury as to certain lesser-included offenses. The judgment of the trial court is affirmed in part and reversed in part.	Madison	Court of Criminal Appeals	07/11/00
State vs. Michael Christopher Adams and Jerry Holt E1999-00446-CCA-R3-CD Authoring Judge: Presiding Judge Joseph M. Tipton Trial Court Judge: Richard R. Vance The defendants, Michael Christopher Adams and Jerry Holt, Jr., appeal their convictions by a Sullivan County jury. Adams was convicted of second degree murder and four counts of aggravated assault. He received a total sentence of forty-nine years. Holt was convicted of four counts of aggravated assault and received a total sentence of twenty years. Both defendants challenge the sufficiency of the evidence and the trial court's imposition of consecutive sentencing. Adams also challenges the trial court's application of enhancement factors and failure to apply mitigating factors. We hold that the evidence is sufficient, but we hold that the trial court erred in sentencing. Adams's sentence is modified to reflect a total sentence of forty years, and Holt's sentence is modified to reflect a total sentence of twelve years.	Sullivan	Court of Criminal Appeals	07/11/00
State of Tennessee v. Daronopolis R. Sweatt M1999-2522-CCA-R3-CD Trial Court Judge: John H. Gasaway, III	Montgomery	Court of Criminal Appeals	07/11/00
State v. Dwanna L. Mason M1999-02535-CCA-R3-CD Authoring Judge: Judge Alan E. Glenn Trial Court Judge: Frank G. Clement, Jr. The defendant pled guilty in Davidson County Criminal Court to vehicular homicide by reckless conduct, a Class C felony, and four lesser charges against her were dismissed. Her guilty plea was submitted without any agreement of the parties as to length or manner of service of sentence. After a sentencing hearing at which the defendant testified, the trial court sentenced her to five years and six months in continuous confinement. The defendant appeals as of right this sentence. We conclude that the imposition of a sentence of five years and six months was appropriate. We affirm the sentence as to length but modify it to show a period of confinement equal to time already served with the remaining time to be served on probation.	Davidson	Court of Criminal Appeals	07/11/00
State vs. Manolito Jemison M1999-00752-CCA-R3-CD Authoring Judge: Judge Alan E. Glenn Trial Court Judge: Steve R. Dozier The defendant was found guilty by a Davidson County jury of the lesser offense of voluntary manslaughter on one count of first degree premeditated murder and the lesser offense of reckless homicide on one count of felony murder. The counts were merged into one conviction for voluntary manslaughter, and the defendant was sentenced as a Range I, standard offender to six years in confinement. In this appeal as of right, the defendant challenges the sufficiency of the evidence to support a conviction for voluntary manslaughter and the length of his sentence, arguing that the trial court erroneously applied one enhancement factor and failed to apply two mitigating factors. Based upon our review, we agree that an enhancement factor was improperly applied. However, since two other enhancement factors were properly applied, and the evidence was sufficient to support the conviction, we affirm the judgment of the trial court.	Davidson	Court of Criminal Appeals	07/11/00
Charles Montague vs. State E2000-00083-CCA-R3-PC Authoring Judge: Judge David G. Hayes Trial Court Judge: Lynn W. Brown Charles Montague appeals the Washington County Criminal Court's summary dismissal of his pro se post-conviction petition challenging his conviction for first degree murder. The appellant's original and supplemental petitions with attached affidavit present a myriad of claims within the trial process. The post-conviction court dismissed all claims without a hearing, finding the original and supplemental petitions were not properly verified and that the petitions failed to assert a sufficient factual basis for relief. After review of the petition, we affirm the post-conviction court's dismissal of certain claims and vacate its dismissal as to others. The case is remanded to the post-conviction court for further review of the surviving claims.	Washington	Court of Criminal Appeals	07/11/00
Deshawn Mcclenton v. State of Tennessee W2002-02745-CCA-R3-PC Authoring Judge: Judge Gary R Wade Trial Court Judge: Chris B. Craft	Shelby	Court of Criminal Appeals	07/11/00
State of Tennessee v. Shunna Demetria Hilliard W1999-00483-CCA-R3-CD Authoring Judge: Judge Cornelia A. Clark Trial Court Judge: Julian P. Guinn	Henry	Court of Criminal Appeals	07/11/00
State vs. Jeffrey Wayne Adkisson E1999-01316-CCA-R3-CD Authoring Judge: Judge John Everett Williams Trial Court Judge: E. Eugene Eblen The defendant, convicted of one count of D.U.I., argues that the evidence was insufficient and that a police report submitted as evidence was unfairly redacted. After review, we find no reversible error and therefore affirm the judgment from the trial court.	Morgan	Court of Criminal Appeals	07/10/00
State of Tennessee vs. Douglas Bowers M1999-00778-CCA-R3-CD Authoring Judge: Judge Jerry Smith Trial Court Judge: Judge W. Charles Lee A Lincoln County jury convicted the appellant, Douglas Bowers, of one (1) count of the delivery of 0.2 grams of cocaine, a Class C felony. The trial court sentenced the appellant as a Range II offender to nine (9) years and six (6) months incarceration. On appeal, the appellant contends that: (1) the evidence is insufficient to sustain his conviction; (2) the trial court erred in denying the appellant's request to instruct the jury on the "procuring agent defense"; and (3) the sentence imposed by the trial court was excessive. After thoroughly reviewing the record before this Court, we conclude that the state presented sufficient evidence to sustain the appellant's conviction for delivery of a Schedule II controlled substance. Furthermore, because the "procuring agent defense" has been abolished by statute, the trial court did not err in failing to so instruct the jury. Finally, we conclude that the sentence imposed by the trial court was appropriate. The judgment of the trial court is affirmed.	Lincoln	Court of Criminal Appeals	07/07/00
State of Tennessee v. John H. Childress M1999-00843-CCA-R3-CD Authoring Judge: Judge David H. Welles Trial Court Judge: Judge Frank G. Clement, Jr. The Defendant was found guilty by a Davidson County jury of driving with a blood alcohol concentration of .10 percent or more (D.U.I. per se) and driving on a revoked license. In this appeal as of right, he argues that the trial court erred by admitting the results of his breathalyzer test because the admission of this evidence in a D.U.I per se case violates a defendant's confrontation rights. We hold that the trial court did not err by admitting the Defendant's breath test results. Accordingly, we affirm the Defendant's conviction.	Davidson	Court of Criminal Appeals	07/07/00
Frank Holiday v. State of Tennessee M1999-01010-CCA-R3-PC Authoring Judge: Judge L. Terry Lafferty Trial Court Judge: Judge Seth W. Norman The appellant/petitioner, Frank Holiday, appeals as of right from a dismissal of his petition for post-conviction relief by the Davidson County Criminal Court on the basis that the petition was barred by the statute of limitations. The petitioner, pro se, presents one appellate issue: Did the trial court err in failing to appoint counsel and conduct an evidentiary hearing in this matter, in view of the egregious failure of counsel to protect the petitioner's right to an appeal, and if not, is the petitioner entitled to a delayed appeal?	Davidson	Court of Criminal Appeals	07/07/00
State vs. Scotty Murphy W1999-00728-CCA-R3-CD Authoring Judge: Judge Joe G. Riley Trial Court Judge: C. Creed Mcginley	Hardin	Court of Criminal Appeals	06/30/00
State vs. Lawrence White W1999-00735-CCA-R3-CD Authoring Judge: Judge Joe G. Riley Trial Court Judge: C. Creed Mcginley	Hardin	Court of Criminal Appeals	06/30/00
State of Tennessee v. Sonny Yarbro W1999-00770-CCA-R3-CD Authoring Judge: Judge Joe G. Riley Trial Court Judge: C. Creed Mcginley	Hardin	Court of Criminal Appeals	06/30/00
State vs. David Barron W1999-01134-CCA-R3-PC Authoring Judge: Judge J. Curwood Witt, Jr. Trial Court Judge: C. Creed Mcginley	Carroll	Court of Criminal Appeals	06/30/00
State vs. Sonny Yarbro W1999-01469-CCA-R3-CD Authoring Judge: Judge Joe G. Riley Trial Court Judge: Carolyn Wade Blackett	Shelby	Court of Criminal Appeals	06/30/00
State vs. Mark Steven Marlowe E1998-00873-CCA-R3-CD Authoring Judge: Judge Gary R Wade Trial Court Judge: W. Lee Asbury	Union	Court of Criminal Appeals	06/30/00
State vs. James Malcolm Davis M2000-00089-CCA-R3-CD Authoring Judge: Judge Joe G. Riley Trial Court Judge: Stella L. Hargrove	Wayne	Court of Criminal Appeals	06/30/00
State vs. DeJuan Jacques Scott M1999-01672-CCA-R3-CD Authoring Judge: Presiding Judge Joseph M. Tipton Trial Court Judge: Cheryl A. Blackburn	Davidson	Court of Criminal Appeals	06/30/00
Durroccus D. Harris vs. State M1999-02171-CCA-R3-PC Authoring Judge: Judge Gary R Wade Trial Court Judge: James K. Clayton, Jr.	Rutherford	Court of Criminal Appeals	06/30/00
State vs. Jeffrey L. Hammons M1999-00756-CCA-R3-CD Authoring Judge: Judge Joe G. Riley Trial Court Judge: J. O. Bond	Wilson	Court of Criminal Appeals	06/30/00
State vs. Glenn A. Saddler M1999-00934-CCA-R3-CD Authoring Judge: Judge John Everett Williams Trial Court Judge: James O. Bond	Wilson	Court of Criminal Appeals	06/30/00