COURT OF CRIMINAL APPEALS OPINIONS

State vs. Michael Edwards
W1999-00591-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Julian P. Guinn

State vs. Percy Farris
W2001-01787-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Jon Kerry Blackwood
The Defendant, Percy Perez Farris, was convicted by a jury of attempt to commit first degree premeditated murder and especially aggravated robbery. The trial court sentenced the Defendant to twenty-five years for each offense, to be served concurrently in the Department of Correction. In this direct appeal the Defendant raises the following issues: (1) whether the trial court erred in denying the Defendant's motion to change venue; (2) whether the trial court erred in refusing to suppress identification testimony; (3) whether the trial court erred in refusing to suppress evidence concerning the victim's blood; (4) whether the evidence is sufficient to support the convictions; and (5) whether cumulative error requires a new trial. We affirm the judgment of the trial court.

State of Tennessee v. Charles Ray Powell
01C01-9806-CC-00260
Trial Court Judge: Thomas W. Graham

Moore , 814 S.W.2D 381, 383 (T Enn. Crim . App. 1 991); State v. Da Vis, 706 S.W.2D 96, 97 (Tenn. Crim. App. 1985);
01C01-9807-CC-00301
Trial Court Judge: W. Charles Lee

State vs. Gerald Cathey
W1999-00660-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Chris B. Craft

State vs. Robert Jarnagin
E1998-00892-CCA-R8-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: James E. Beckner

State vs. Robert Jarnagin
E1998-00892-CCA-R8-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: James E. Beckner

State vs. Benito Gomez
M1998-00096-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: William Charles Lee

State vs. Robbie Davidson
M1997-00130-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Leon C. Burns, Jr.

State of Tennessee v. Jason Ingram Stokes
M1999-1892-CCA-R3-CA
Trial Court Judge: Jim T. Hamilton

State of Tennessee v. Albert Hampton
W1999-00059-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: John P. Colton, Jr.

State vs. Barbara Powell
W1999-01825-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Dick Jerman, Jr.

David D. Cox v. State of Tennessee
W2007-01591-CCA-R3-HC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Joseph H. Walker, III

State vs. Stanley Blackwood
W1999-01221-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: John Franklin Murchison
A Madison County Grand Jury indicted the defendant, Stanley Blackwood, for one count of first-degree murder, three counts of attempted first-degree murder, five counts of aggravated assault, two counts of reckless endangerment and one count of aggravated burglary. Following a trial, a jury convicted the defendant on all counts, and the trial court imposed an effective sentence of life plus twenty-two (22) years incarceration. On appeal, the defendant contends (1) that the evidence was insufficient to sustain all of the convictions; (2) that the trial court erroneously instructed the jury; (3) that the trial court erroneously refused to admit results of a polygraph examination; (4) that the trial court should have merged two counts of aggravated assault with two counts of attempted first-degree murder; and (5) that the defendant's sentence was excessive. After a thorough review of the record, we affirm the judgment of the trial court.

State vs. Floyd Perry
W1999-01715-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: William B. Acree
The defendant and appellant, Floyd Lee Perry, Jr., was indicted by an Obion County Grand Jury for first-degree murder, first-degree murder in the perpetration of a robbery, and especially aggravated robbery. Following a jury trial, the defendant was convicted of first-degree murder in the perpetration of a robbery, especially aggravated robbery, and second-degree murder (as a lesser included offense of first-degree murder). The trial court merged the second-degree murder conviction into the first-degree felony murder conviction and, following a sentencing hearing, sentenced the defendant to life imprisonment for felony murder and twenty-three (23) years for especially aggravated robbery. The court ordered the sentences to be served concurrently. On appeal, the appellant claims (1) that the evidence was insufficient to support his convictions, and (2) that the trial court erred by allowing the state to introduce prejudicial autopsy photographs in evidence. After a thorough review of the record, we affirm the judgment of the trial court.

State of Tennessee v. Timothy Williams
W1999-01193-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Carolyn Wade Blackett

In this appeal of right from the Shelby County Criminal Court, the defendant contends that his de novo appeal from a judgment of the General Sessions Court was erroneously dismissed at a status hearing. Because the Criminal Court Clerk failed to provide notice of the status hearing to defendant's counsel of record, the judgment of dismissal is reversed and the cause is remanded to the trial court for a hearing.

State of Tennessee v. Monica L. Madden, a/k/a Shana Valeshia Goodwin, a/k/a Monica Wright
M1999-00176-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Seth W. Norman

Pursuant to a plea bargain agreement, the defendant pled guilty in Davidson County Criminal Court to two counts of assault and one count of accessory after the fact. She received an effective sentence of two years. The defendant appeals the trial court’s order that her sentence be served in the workhouse rather than in some alternative form, asserting that the trial court erred in considering her arrests while on bond as indications of her unsuitability for alternative sentencing; in making its determination based solely on her arrests while on bond; and in failing to consider her participation in a counseling program. Finding no error, we affirm the judgment of the trial court.

State of Tennessee v. William Joseph Taylor
M1999-00218-CCA-R3-CD
Authoring Judge: Judge William B. Acree
Trial Court Judge: Judge J. O. Bond

The defendant was initially tried and convicted in Rutherford County for the crime of rape of a child. On appeal, this Court found that the defendant’s trial counsel was ineffective and remanded the case for a new trial. After remand, the defendant was indicted in Wilson County. The Wilson County Criminal Court found that the double jeopardy clauses of the United States Constitution and the Tennessee Constitution prohibited the State from prosecuting the defendant and dismissed the indictment. The State appealed the dismissal. We reverse the decision of the trial court and remand for a trial.

State of Tennessee v. Antonio Brewster
M1999-00989-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge J. Randall Wyatt, Jr.

Defendant was convicted in the Criminal Court, Davidson County, Wyatt, Randall J., of felony murder in the perpetration of a robbery, attempted aggravated robbery, aggravated robbery, and two counts of attempted first-degree murder. The defendant appealed. The Court of Criminal Appeals, Smith J., held that: (1) the trial court did not err in denying the defendant’s motion to suppress his statement; (2) there was sufficient evidence that the defendant murdered a bystander in the perpetration of a robbery to support conviction for felony murder; and (3) the defendant was not denied the effective assistance of counsel at trial.

Affirmed.

State of Tennessee vs. Daryl Robinson
W1999-01386-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Roy B. Morgan, Jr.

The defendant, Daryl McKinley Robinson, appeals from the trial court’s revocation of his  probationary sentence and order that he serve his effective 14-year, 11-month, 29-day sentence in the Department of Correction. In this appeal, he complains that the trial court erred in failing to make findings regarding whether his failure to pay fines and costs was willful or a result of lack of bona fide efforts to acquire the resources to pay. He further complains that the trial court erred in ordering him to serve his sentence in incarceration, rather than the Community Corrections program. Upon review, we find no abuse of discretion warranting a reversal of the court’s order and therefore affirm.

State of Tennessee v. Montrell Perry
W1999-01419-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Carolyn Wade Blackett

The appellant entered guilty pleas to two counts of sale of cocaine, Class C felonies, and was sentenced to four years confinement in the Department of Correction. The appellant argues, in this direct appeal, that the trial court erred in ordering total confinement. The record supports denial of an alternative sentence. The judgment is affirmed.

State of Tennessee v. Michael Anderson Peek, alias Big Country, alias Michael Peak alias Michael Anderson Peak
E1998-00038-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Douglas A. Meyer

The defendant was convicted of fourteen felonies, consisting of various rape, robbery, and burglary charges arising from complaints of five victims. He received an effective sentence of ninety-nine years. Appealing these convictions, he alleged, inter alia, that the trial court should have severed the offenses, rather than allowing all five to be tried in a single trial; that blood, saliva, and hair samples should have been suppressed; that he should not have been shackled during the trial, and that his sentence was improper. Of these assignments, we find error in the trial court’s allowing the complaints of all five victims to be tried in a single trial, and in the court’s not following the required procedures before shackling the defendant during the trial. The errors were harmless and, accordingly, we affirm the judgment of the trial court.

State of Tennessee v. Leon Goins
W1999-00157-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Russell Lee Moore, Jr.

A jury found the defendant guilty of selling 0.5 grams of cocaine, a Schedule II controlled substance.  He received a 15 year sentence as a Range II offender, consecutive to a prior felony. The defendant asserts error in allowing the state’s expert witness to testify to the aggregate weight of cocaine sold, when the witness did not test every particle of the submitted evidence. The defendant further asserts error in the trial court’s admitting a video tape of the sale and in the trial court’s sentencing. The judgment from the trial court is affirmed.

State of Tennessee v. Carlos C. Beasley
W1999-00426-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge James C. Beasley, Jr.

The appellant, Carlos C. Beasley, referred herein as “the defendant,” appeals as of right from a conviction for especially aggravated robbery by a Shelby County jury. The same jury found the defendant guilty of voluntary manslaughter, from which the defendant does not appeal. The Shelby County Criminal Court imposed a sentence of twenty-five (25) years for especially aggravated robbery in the Department of Correction. The defendant presents two appellate issues: 1) whether the evidence is sufficient for a rational trier of fact to find that every element of especially aggravated robbery has been proven beyond a reasonable doubt; and 2) whether the record shows that the trial court in its capacity as thirteenth (13th) juror failed to independently weigh the evidence upon consideration of the motion for a new trial.

State of Tennessee v. Donald Curtis Reid
01C01-9903-CR-00077
Trial Court Judge: J. Randall Wyatt, Jr.