COURT OF CRIMINAL APPEALS OPINIONS

State vs. Torayo Brown
W2000-00472-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Jon Kerry Blackwood
The defendant, Torayo Olandis Brown, was convicted of possessing with intent to deliver more than .5 grams of cocaine, a class B felony. The trial court imposed a sentence of eight years and nine months, ordering eight months to be served in the local jail and the balance to be served in a community corrections program. In this appeal of right, the defendant contends that (1) the evidence is insufficient to support his conviction; (2) the trial court erred by allowing the state to impeach him with a prior conviction; and (3) the state improperly argued that he was impeached by the prior conviction. Because of plain error in the trial court's failure to provide a limiting instruction relating to the impeachment evidence, the judgment is reversed and the cause is remanded for a new trial.

Hardeman Court of Criminal Appeals

James Judd vs. State
01C01-9805-CR-00204

Davidson Court of Criminal Appeals

02S01-9804-CH-00041
02S01-9804-CH-00041

Obion Court of Criminal Appeals

State vs. Graves
03C01-9803-CC-00090
Trial Court Judge: Richard R. Vance

Jefferson Court of Criminal Appeals

03C01-9709-CC-00434
03C01-9709-CC-00434
Trial Court Judge: Richard R. Vance

Sevier Court of Criminal Appeals

State vs. CarlosHayes
02C01-9712-CR-00483

Shelby Court of Criminal Appeals

Ricky Brown vs. State
01C01-9708-CR-00363
Trial Court Judge: Ann Lacy Johns

Davidson Court of Criminal Appeals

State vs. Jeff Warfield
01C01-9711-CC-00504

Maury Court of Criminal Appeals

State vs. Delores Smith & David Robinson
01C01-9609-CR-00412

Putnam Court of Criminal Appeals

State vs. Jeffery Holder
01C01-9801-CC-00044

Lincoln Court of Criminal Appeals

State vs. Jackie Ozier
W1999-01478-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Roy B. Morgan, Jr.

Madison Court of Criminal Appeals

03C01-9804-CC-00145
03C01-9804-CC-00145
Trial Court Judge: D. Kelly Thomas, Jr.

Blount Court of Criminal Appeals

State vs. Keffer
03C01-9709-CC-00413

Sevier Court of Criminal Appeals

State vs. Zip Gillespie
02C01-9703-CR-00088

Shelby Court of Criminal Appeals

State vs. David Keen
02C01-9709-CR-00365
Trial Court Judge: John P. Colton, Jr.

Shelby Court of Criminal Appeals

State of Tennessee vs. Mark Crites
01C01-9711-CR-00512
Authoring Judge: Senior Judge L. T. Lafferty
Trial Court Judge: Judge Jane W. Wheatcraft

Mark Crites appeals from the revocation of his community corrections sentence. He challenges both the propriety of that revocation and his resentencing, arguing that: (1) the trial court abused its discretion in revoking his community corrections sentence; (2) the trial court misapplied certain enhancement factors and that his sentences are, therefore, excessive; and (3) the trial court erred in ordering consecutive sentencing. After careful review of the record and arguments of counsel, we conclude the trial court relied upon improper evidence in revoking the community corrections sentence. We remand for another revocation hearing.

Sumner Court of Criminal Appeals

State of Tennessee vs. Roy D. Nelson, Jr.
03C01-9710-CR-00454
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Lynn W. Brown

The defendant, Roy D. Nelson, stands convicted of burglary, aggravated burglary, aggravated arson and possession of marijuana as a result of his efforts to blow up his ex-wife's home. Nelson received his convictions at the conclusion of a jury trial in the Washington County Criminal Court. A Range III offender, Nelson is presently serving an effective 62-year sentence in the Department of Correction for his crimes.1 In this direct appeal, Nelson claims he was improperly convicted of aggravated arson because he, rather than another person, suffered the serious bodily injury relied upon to elevate the offense from arson to aggravated arson. Having reviewed the appellate record, the arguments of the parties and the applicable law, we affirm the judgment of the trial court.

Washington Court of Criminal Appeals

State of Tennessee vs. Roy D. Nelson, Jr.
03C01-9710-CR-00454
Authoring Judge: Judge James Curwood Witt
Trial Court Judge: Judge Lynn W. Brown

The defendant, Roy D. Nelson, stands convicted of burglary, aggravated burglary, aggravated arson and possession of marijuana as a result of his efforts to blow up his ex-wife's home. Nelson received his convictions at the conclusion of a jury trial in the Washington County Criminal Court. A Range III offender, Nelson is presently serving an effective 62-year sentence in the Department of Correction for his crimes. In this direct appeal, Nelson claims he was improperly convicted of aggravated arson because he, rather than another person, suffered the serious bodily injury relied upon to elevate the offense from arson to aggravated arson. Having reviewed the appellate record, the arguments of the parties and the applicable law, we affirm the judgment of the trial court.

Washington Court of Criminal Appeals

Gary June Caughron v. State of Tennessee
03C01-9707-CC-00301
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge John K. Byers

The petitioner, Gary June Caughron, appeals as of right from the Sevier County Circuit Court’s denial of post-conviction relief as to the guilt phase of his trial. He was convicted in 1990 for the first degree murder of Ann Robertson Jones and received the death penalty. He was also convicted of first degree burglary and assault with the intent to commit rape for which he received consecutive ten-year sentences. The convictions and sentences were affirmed on direct appeal to the Tennessee Supreme Court. State v. Caughron, 855 S.W.2d 526 (Tenn. 1993), cert. denied, 510 U.S. 979, 114 S. Ct. 475 (1993).

Sevier Court of Criminal Appeals

Rayford Martin vs. State of Tennessee
03C01-9707-CR-00286
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Richard Baumgartner

This is an appeal as of right from the trial court’s denial of post-conviction relief from convictions based upon guilty pleas. The Defendant entered guilty pleas, with sentencing left to the discretion of the trial judge, to two counts of aggravated kidnapping, two counts of aggravated rape, and four counts of armed robbery. At the sentencing hearing conducted on April 3, 1989, he received a total effective sentence of 150 years. This Court affirmed his sentences on direct appeal.1 The Defendant filed a petition for post-conviction relief in December of 1991; and following appointment of counsel, he filed a supplemental petition in June of 1997. The trial court conducted a hearing and denied the petition in July of 1997. The Defendant now appeals the trial court’s ruling. We affirm, but we grant D efendant relie f in the form of a delayed appeal.

Knox Court of Criminal Appeals

State of Tennessee vs. Timmy Beavers
01C01-9709-CC-00394
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Charles Lee

Following the denial of his mo tion to suppress evidence, the Defendant, Timmy Beavers, entered a best-interest plea to second degree murder, reserving the right to appeal the trial court’s denial of his motion to suppress certain evidence. An agreed upon sentence of thirty (30) years was entered by the trial court.

Lincoln Court of Criminal Appeals

State vs. Donald Stephens
01C01-9711-CC-00551
Trial Court Judge: Henry Denmark Bell

Williamson Court of Criminal Appeals

State vs. Ricky Woodard
01C01-9802-CC-00056
Trial Court Judge: Donald P. Harris

Williamson Court of Criminal Appeals

State vs. Michael Clark
01C01-9802-CC-00087

Montgomery Court of Criminal Appeals

State vs. Lamb
03C01-9708-CC-00346

Hamblen Court of Criminal Appeals