The petitioner, James William Taylor, appeals the dismissal of his petition for post-conviction relief by the Williamson County Circuit Court on September 9, 1998. In August 1988, the petitioner was convicted of felony murder, robbery, and second degree burglary in the Williamson County Circuit Court. The trial court sentenced the petitioner to life imprisonment on the murder conviction, to a fifteen year sentence on the second degree burglary conviction, and to a fifteen year sentence on the robbery conviction, with all sentences to be served consecutively to one another. The petitioner appealed and this court affirmed the petitioner’s convictions and sentence on April 25, 1990. See State v. Taylor, No. 89-93-III, 1990 WL 50751 (Tenn. Crim. App. at Nashville), perm. to appeal denied, (Tenn. 1990). The petitioner filed a timely pro se petition for post-conviction relief on April 10, 1991. The trial court appointed counsel and the petitioner amended the petition numerous times to allege additional grounds for relief. After hearing evidence on the issues raised by the petition, the post-conviction court filed a memorandum opinion denying relief. On appeal the petitioner presents the following issues for our consideration: (1) whether the post-conviction court erred by finding that the petitioner’s trial counsel was not ineffective; and (2) whether the post-conviction court erred by finding that the State did not violate the petitioner’s right to a fair trial by withholding exculpatory evidence. Following a review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.
State vs. Charles Eddie Hartman M1998-00803-CCA-R3-DD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Robert W. Wedemeyer
Montgomery
Court of Criminal Appeals
State vs. William Douglas Ellis M1999-783-CCA-R3-CD
Trial Court Judge: Jane W. Wheatcraft
The appellant, William Donald Ellis, was convicted by a Sumner County jury of one count of rape of a child, two counts of aggravated sexual battery, and two counts of assault. The trial court imposed a sentence of twenty-five (25) years incarceration in the Tennessee Department of Correction for the offense of rape of a child, ten (10) years incarceration in the Department for each count of aggravated sexual battery, and six (6) months incarceration in the Sumner County Jail for each count of assault. The trial court ordered that the appellant serve his sentences for rape of a child and aggravated sexual battery consecutively to each other and concurrently with his sentences for assault, resulting in an effective sentence of forty-five (45) years incarceration. On appeal, the appellant presents the following issues for our review: (1) whether the trial court erred in denying his motion to suppress evidence obtained by police as a result of the warrantless search of his home; (2) whether the trial court should have required the State to elect between Counts One and Six of the indictment; (3) whether the evidence adduced at trial supports the jury's findings of venue; and (4) whether the evidence adduced at trial supports the jury's verdict of guilt of rape of a child. Following a review of the record and the parties' briefs, we affirm in part and reverse and remand in part the judgments of the trial court.
Sumner
Court of Criminal Appeals
State vs. Damion Carrick w1998-00655-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: W. Fred Axley
Shelby
Court of Criminal Appeals
State vs. Willie Douglas W1999-00282-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: W. Fred Axley
Shelby
Court of Criminal Appeals
State vs. Michael Edwards W1999-00591-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Julian P. Guinn
Henry
Court of Criminal Appeals
State vs. Tracy Davidson W1999-00080-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: W. Fred Axley
Shelby
Court of Criminal Appeals
State vs. David Ryan Swanson E1998-00041-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Douglas A. Meyer
Hamilton
Court of Criminal Appeals
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.
McNairy
Court of Criminal Appeals
State vs. Robbie Davidson M1997-00130-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Leon C. Burns, Jr.
Pickett
Court of Criminal Appeals
State vs. Benito Gomez M1998-00096-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: William Charles Lee
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.
Obion
Court of Criminal Appeals
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.
Madison
Court of Criminal Appeals
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
