COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Michael Q. Ray
E1999-00208-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: James B. Scott, Jr.

Issac Earl Edgin vs. State
M1999-01620-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Robert W. Wedemeyer
The petitioner appeals from a Montgomery County trial court's order dismissing his petition for post-conviction relief. He argues that he is entitled to a new trial because, among other things, his trial counsel provided him ineffective assistance of counsel. Because the judgment fails to contain findings of fact and conclusions of law, the order dismissing this cause is reversed and the case is remanded to the trial court for a new post-conviction proceeding.

State vs. Harold Wayne Shaw
M1999-01119-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Seth W. Norman
The defendant, Harold Wayne Shaw, was convicted by a Davidson County jury of second-degree murder and aggravated kidnapping in 1996. The trial court sentenced the defendant as a Range II offender to serve eighteen (18) years for the aggravated kidnapping and thirty-five (35) years for the second-degree murder, both sentences to be served consecutively. Following the defendant's direct appeal, this Court affirmed the defendant's conviction but remanded the case to the trial court for resentencing because the trial court mistakenly sentenced the defendant as a Range II, persistent offender, misapplied two statutory enhancement factors, and failed to make findings of fact and conclusions of law sufficient to support the imposition of consecutive sentences. The trial court then resentenced the defendant as a Range I, standard offender to serve ten (10) years for the aggravated kidnapping and twenty-two (22) years for the second-degree murder. The court again ordered the sentences to be served consecutively. On appeal, this Court finds (1) that the length of the defendant's sentence is appropriate, and (2) that although the record does not support the trial court's finding that the defendant is a professional criminal, the trial court was correct in finding that the defendant has an extensive criminal history; thus consecutive sentences are also appropriate. The judgment of the trial court is therefore affirmed.

State vs. Andrew Charles Helton
M1999-01405-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Seth W. Norman
The Defendant, Andrew Charles Helton, was indicted, along with co-defendants Shirley Crowell and Shayne Cochran, for two counts of premeditated murder and two counts of felony murder for the shooting deaths of Robert Cole and Michael Chatman. After the trial court granted a motion for a judgment of acquittal on the felony murder charges, the Defendant was convicted by a jury of first degree murder for the death of Robert Cole and of second degree murder for the death of Michael Chatman. The Defendant was sentenced to mandatory life imprisonment for the first degree murder conviction and to twenty-three years imprisonment for the second degree murder conviction. The Defendant now appeals and argues that the evidence presented at trial was insufficient to sustain his convictions. The Defendant also contends that the trial court erred in admitting certain crime scene and autopsy photographs into evidence. After a thorough review of the record and applicable law, we find no merit to the Defendant's contentions and thus affirm his convictions.

State vs. Darrell Dodson
M1998-00067-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Leon C. Burns, Jr.

State vs. Victoria S. Galindo
M1999-00768-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Timothy L. Easter

State vs. Robert Allen Leggett
M1999-01066-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Cheryl A. Blackburn

State vs. Alton Darnell Young
M1999-01166-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Seth W. Norman

State vs. Frederick James Brush
M1999-00622-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Robert E. Burch

Lawrence Strickland vs. State
E1999-00119-CCA-R3-CD
Trial Court Judge: E. Eugene Eblen

State vs. Michael Gilliam
E1999-01112-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: James E. Beckner

State of Tennessee v. Everett D. Robinson
W1999-01348-CCA-RE-CD
Authoring Judge: Judge Welles
Trial Court Judge: Judge Julian P. Guinn

The Defendant was indicted by the Henry County Grand Jury for (1) driving under the influence (fourth offense); (2) driving while license is cancelled, suspended, or revoked; (3) violation of the “light law”; and (4) failure to appear. He pleaded guilty to driving while license is cancelled, suspended, or revoked and to violation of the “light law.”1 He was then tried on the remaining offenses, found guilty of DUI, and acquitted of failure to appear.

State of Tennessee v. Mell Thomas Bruton
M1999-00956-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Cheryl A. Blackburn

In June 1998, the appellant, Mell Thomas Bruton,¹ pled guilty to one (1) count of aggravated assault and received a sentence of six (6) years as a Range II offender.² The trial court ordered that the appellant be placed on community corrections after serving six (6) months of his sentence. In July, a warrant was filed against the appellant alleging that he had violated two conditions of his community corrections sentence. After an evidentiary hearing, the trial court revoked the appellant’s community corrections sentence and re-sentenced him as a Range II offender to nine (9) years incarceration. On appeal, the appellant claims that the trial court erred in revoking his community corrections sentence and in increasing his sentence to nine (9) years. Because we find that the appellant was not eligible for community corrections in the first instance, and further that, in any event, ample reason exists to revoke the appellant’s community corrections placement and increase his sentence, we affirm the judgment of the trial court.

State of Tennessee v. Arcenta Van Harrison
M1999-01184-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Seth W. Norman

The appellant, Arcenta Van Harrison, pled guilty in the Davidson County Criminal Court to three (3) counts of theft of property over $500 and two (2) counts of theft of property over $1,000. The trial court sentenced the appellant to concurrent terms of four (4) years for the theft over $500 counts as a Range II offender and eight (8) years for the theft over $1,000 counts as a Range III offender.  The trial court ordered that the appellant serve his sentence on community corrections. A warrant was subsequently issued alleging that the appellant had violated the terms of his community corrections sentence. After an evidentiary hearing, the trial court revoked community corrections and re-sentenced the appellant to an effective term of nine (9) years incarceration. On appeal, the appellant contends that: (1) the trial court erred in revoking his community corrections; (2) the trial court erred in enhancing his sentence to nine (9) years; and (3) the trial court imposed illegal sentences for three (3) of his convictions. After a review of the record before this Court, we conclude that the trial court did not err in revoking the appellant’s community corrections sentence; and we affirm that portion of the trial court’s judgment. However, because the trial court did not conduct an appropriate sentencing hearing, before increasing the appellant’s sentence, we reverse and remand this case to the trial court for re-sentencing.

State of Tennessee v. Gary Lamar McBride
M1999-00319-CCA-R3-CD
Authoring Judge: Judge L. Terry Lafferty
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The defendant/appellant, Gary Lamar McBride, appeals as of right from a conviction for murder second degree by a Davidson County jury. The Davidson County Criminal Court imposed a sentence of sixteen (16) years in the Department of Correction. The defendant presents three appellate issues:

1.     Whether the trial court erred in allowing the defendant’s statement to be read to the jury and not suppressing the same.

2.     Whether the trial court erred in not finding that the proof adduced at trial by the State is in conflict with the physical facts rule applicable to criminal cases.

3.     Whether the evidence adduced at trial was sufficient to convict the defendant of murder second degree.

State of Tennessee v. Steven D. Pittman
M1999-00320-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Steve R. Dozier

A Davidson County jury convicted the appellant, Steven D. Pittman, of one (1) count of possession with the intent to sell over 0.5 grams of cocaine, one (1) count of felonious possession of a weapon and one (1) count of simple possession of marijuana. The trial court sentenced the appellant as a Range I offender to concurrent terms of eleven (11) years for possession with the intent to sell cocaine, two (2) years for felonious possession of a weapon and eleven (11) months and twenty-nine (29) days for marijuana possession. On appeal, the appellant contends that the evidence is insufficient to sustain his convictions. After a thorough review of the record before this Court, we conclude that the state presented sufficient evidence to support the appellant’s convictions. We therefore affirm the judgment of the trial court.

Ronald C. Mitchell v. State of Tennessee
W1999-01097-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Joseph H. Walker, III

Ronald C. Mitchell appeals from the Lauderdale County Circuit Court’s denial of his petition for post-conviction relief following an evidentiary hearing. He contends that he is entitled to post-conviction relief from a conviction for felonious possession of cocaine because (1) he received the ineffective assistance of trial counsel, (2) he received the ineffective assistance of appellate counsel, (3) the convicting trial court’s admission of a pager and money violated his right to due process, and (4) the systematic exclusion of African-Americans from the position of grand jury foreperson violated his right to equal protection. We affirm the trial court’s denial of the petition.

Jeffery L. Vaughn v. State of Tennessee
W1999-01490-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Lee Moore

Jeffery L. Vaughn appeals from the Dyer County Circuit Court’s denial of his petition for postconviction relief following an evidentiary hearing. He contends that he was deprived of his constitutional right to a fair trial because jurors allegedly overheard a bench conference  egarding his prior criminal record. He also contends that he received the ineffective assistance of counsel at trial due to his counsels’ failure to inform him of the correct sentencing range, to have the cocaine independently weighed, to present the testimony of his drug counselor, and to move for an acquittal at the end of the proof. We affirm the trial court’s denial of the petition for post-conviction relief.

State of Tennessee v. Robert H. Harper, Jr.
W1999-00492-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge C. Creed McGinley

The defendant, Robert H. Harper, Jr. appeals upon a certified question of law his conviction in the Hardin County Circuit Court for felonious possession of marijuana for which he received a three year sentence as a Range I, standard offender and a fine of five thousand dollars. The defendant asserts that the stop of his vehicle was not based upon reasonable suspicion and that the subsequent warrantless search was unlawful. We conclude that the stop and search were improper, and we reverse the judgment of conviction and dismiss the case.

State of Tennessee v. Jeremy M. Batey
M1999-00245-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge J. Randall Wyatt, Jr.

A Davidson County jury convicted the appellant, Jeremy M. Batey, of one count of reckless homicide, a Class D felony. The trial court sentenced the appellant as a Range I offender to three years incarceration in the local workhouse. On appeal the appellant contends that the trial court erred in denying him an alternative sentence solely on the basis that the crime involved a death. We hold that where the legislature has provided for alternative sentencing in certain homicide offenses, the denial of an alternative sentence solely on the basis of the victim’s death is erroneous. However, in the instant case the circumstances of the offense, including illegal drug and alcohol use which contributed to the offense, and the appellant’s history of alcohol and drug abuse, including the use of marijuana 2 ½ years after the offense and approximately four months prior to his trial justify the denial of alternative sentencing.

01C01-9807-CR-00298
01C01-9807-CR-00298
Trial Court Judge: Walter C. Kurtz

01C01-9905-CC-00180
01C01-9905-CC-00180
Trial Court Judge: Donald P. Harris

State vs. Fred Edmond Dean
E1998-00135-CCA-R3-PC
Authoring Judge: Judge David H. Welles

State vs. Michael A. Daniel
M1998-00092-CCA-R3-CD
Authoring Judge: Judge David H. Welles

M1998-00323-CCA-R3-CD
M1998-00323-CCA-R3-CD