State vs. Shannon Prier W1999-01436-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Joseph H. Walker, III
The defendant appeals her conviction for theft over $1,000 for which she received a two-year suspended sentence. The defendant comes before this court raising the following issues: 1) whether the evidence was sufficient to support her conviction; and 2) whether the trial court properly denied her petition for judicial diversion. We affirm the judgment of the trial court.
State vs. Eddie Taylor W1999-01803-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Roy B. Morgan, Jr.
Madison
Court of Criminal Appeals
State vs. Timothy Higgs W1999-01534-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: William B. Acree
The defendant appeals from a jury trial conviction for possession of contraband in a penal institution, a Class C felony. In this appeal, the defendant alleges the evidence was not sufficient to support his conviction. Concluding that the evidence was sufficient, we affirm the judgment of the trial court.
State vs. Jeffery Leon Medley M1998-00439-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Charles D. Haston, Sr.
The appellant, Jeffrey Leon Medley, appeals his sentence of eleven months and twenty-nine days incarceration imposed by the Warren County Circuit Court pursuant to the appellant's conviction of improper influence of a juror. Following a review of the record and the parties' briefs, we dismiss this appeal.
Warren
Court of Criminal Appeals
Thomas W. Yelton vs. State M1999-00597-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: William Charles Lee
The petitioner, Thomas W. Yelton, appeals the denial by the Bedford County Circuit Court of his petition for post-conviction relief from his 1992 convictions of fabricating evidence, theft of property worth more than one thousand dollars ($1,000), coercion of a witness, and harassment. Specifically, he alleges that he is entitled to relief from his convictions because he received ineffective assistance of counsel during trial proceedings. The petitioner predicates his claim of ineffective assistance of counsel upon the following grounds: (1) trial counsel failed to submit to the trial court a motion requesting the severance of his offenses; (2) trial counsel maintained inadequate contact with the petitioner during trial proceedings; (3) trial counsel failed to adequately investigate his case; and (4) trial counsel failed to adequately advise the petitioner concerning the waiver of his right to appeal his convictions. Following a review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.
Bedford
Court of Criminal Appeals
State vs. Christina L. Howard M1999-02473-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Henry D. Bell
Defendant Christina L. Howard was found guilty by a Williamson County jury of possession with intent to sell or deliver cocaine in an amount greater than 300 grams, possession with intent to sell or deliver marijuana, and possession of drug paraphernalia. After a sentencing hearing, the trial court sentenced Defendant as a Range I standard offender to concurrent terms of twenty years for cocaine possession, one year for marijuana possession, and one day for possession of drug paraphernalia. Defendant raises the following issues in this appeal: (1) whether the trial court erred when it did not instruct the jury on the lesser-included offense of facilitation of a felony; (2) whether the trial court erred when it sentenced Defendant as a standard offender; and (3) whether the trial court erred when it denied Defendant alternative sentencing. The judgment of the trial court is affirmed.
Williamson
Court of Criminal Appeals
State vs. James Eric Alder M1999-02544-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Thomas W. Graham
The appellant, James Eric Alder, was convicted by a jury in the Criminal Court for Sequatchie County of one count of aggravated robbery, a class B felony. The trial court sentenced the appellant, as a Range I offender, to ten years incarceration in the Tennessee Department of Correction and assessed a fine of $25,000. The appellant raises the following issue(s) for review: whether the trial court erred in refusing to charge the jury as to aggravated assault, assault, and theft as lesser-included offenses of aggravated robbery. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Sequatchie
Court of Criminal Appeals
State vs. Wayne Joseph Burgess, Jr. M1999-02040-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Jim T. Hamilton
The appellant, Wayne Joseph Burgess, Jr., was convicted by a jury in the Giles County Circuit Court of one count of first degree felony murder, with the underlying felony being aggravated child abuse. The trial court sentenced the appellant to life in the Tennessee Department of Correction. The appellant raises the following issues for our review: (1) whether the trial court erred in overruling the appellant's motion to strike the jury panel because the appellant's race was substantially under- represented on the venire from which the petit jury was selected under a practice providing "the opportunity for discrimination;" (2) whether the trial court erred in overruling the appellant's motion to suppress a confession that was obtained by the use of intimidation, threat, and coercion by the Pulaski Police Department; (3) whether the trial court erred in overruling the appellant's objection to allowing the prior inconsistent statement of Rickey Sikes to be entered into the record as substantive evidence; (4) whether the evidence was sufficient to support the appellant's conviction of first degree murder in the perpetration of aggravated child abuse as the State failed to prove the requisite mental status of "knowing" to commit that offense. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Giles
Court of Criminal Appeals
State vs. Michael N. Grey M1999-01428-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Allen W. Wallace
The appellant, Michael N. Grey, was convicted by a jury in the Dickson County Circuit Court of two counts of aggravated robbery, a class B felony, and two counts of theft under $500, a class A misdemeanor. The trial court sentenced the appellant to ten years incarceration in the Tennessee Department of Correction for the aggravated robbery convictions. The trial court also sentenced the appellant to eleven months and twenty-nine days incarceration in the Dickson County Jail for the theft convictions.The trial court further ordered that the appellant's sentences be served concurrently. The appellant raises the following issue for review: whether the appellant was denied due process because the State failed to provide him with proper pre-trial exculpatory evidence. Upon review of the record and the parties' briefs, we affirm in part and reverse in part the judgments of the trial court.
Dickson
Court of Criminal Appeals
State vs. Barry Waters Rogers M1999-01389-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Robert L. Jones
The appellant, Barry Waters Rogers, appeals his conviction by a jury in the Giles County Circuit Court of driving under the influence of an intoxicant. On appeal, the appellant challenges the sufficiency of the underlying indictment. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court.
Giles
Court of Criminal Appeals
Travis Plummer vs. State M1999-01406-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Seth W. Norman
The petitioner, Travis Plummer, was convicted by a jury in the Criminal Court of Davidson County of one count of rape of a child, and subsequently also pled guilty to one count of rape. The trial court sentenced the petitioner to twenty years incarceration in the Tennessee Department of Correction for rape of a child and to twelve years incarceration for rape. The trial court further ordered that the petitioner's sentences be served consecutively. In this post conviction proceeding, the petitioner raises the following issue(s) for review: whether the petitioner was denied his constitutional rights at trial and at the plea proceeding when his counsel(s) failed to investigate and evaluate his competency to stand trial and to plead guilty. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.
State vs. Barry Speck W1999-00436-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: John P. Colton, Jr.
The petitioner, Barry L. Speck, appeals the trial court's denial of his petition for post-conviction relief. The state contends that the petition should have been dismissed because of the statute of limitations. The petitioner contends that he received the ineffective assistance of counsel because his attorney failed to use documents provided by the petitioner to impeach the state's witnesses and to provide an alibi for dates listed in the bill of particulars. We hold that the petition was properly considered on its merits, but we affirm the trial court's denial of post-conviction relief.
Shelby
Court of Criminal Appeals
State vs. Jere Joseph W1999-00651-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: J. Steven Stafford
The petitioner, Jere Lowell Joseph, Jr., appeals two post-conviction cases, claiming that the trial court erred in holding that the petitioner received the effective assistance of counsel in both cases. We affirm the trial court.
Dyer
Court of Criminal Appeals
Henry Eugene Hodges vs. State M1999-00516-CCA-R3-PD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Walter C. Kurtz
The appellant, Henry Eugene Hodges, seeks post-conviction relief from his 1992 first degree murder conviction and sentence of death. The Davidson County Criminal Court denied the appellant's petition and this appeal was taken. This court is presented with the following issues: (1) the effectiveness of trial counsel; (2) the post-conviction court's failure to provide funds for expert services; and (3) the post-conviction court's denial of a continuance and refusal to bifurcate the post-conviction evidentiary hearing. Following review of the record, we conclude (1) the appellant was not denied the effective assistance of counsel; (2) the post-conviction court properly denied the appellant's request for funds for additional expert services; and (3) the post-conviction court properly denied the appellant's request for a continuance of the evidentiary hearing. Accordingly, we affirm the post-conviction court's finding that the appellant is not entitled to post-conviction relief.
Davidson
Court of Criminal Appeals
State vs. Marcus Morrow M1999-00769-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Jim T. Hamilton
The appellant, the State of Tennessee, appeals the order of the Maury County Circuit Court permitting the appellee, Marcus Morrow, to participate in a work release program during his forty-five-day incarceration for driving under the influence of an intoxicant (DUI), second offense. Following a review of the record and the parties' briefs, we reverse the judgment of the trial court.
Maury
Court of Criminal Appeals
William Andrew Dixon vs. Flora J. Holland, Warden M1999-02494-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Seth W. Norman
William Andrew Dixon was convicted of kidnapping for ransom in violation of Tennessee Code Annotated section 39-2603 in April 1981 in the Circuit Court of Dickson County. The offense was committed in April 1978. Between the time of the offense in 1978, and the time of trial in 1981, kidnapping for ransom was redesignated by the legislature as the offense of aggravated kidnapping; the maximum punishment was reduced by the legislature from life imprisonment without parole to life imprisonment with the possibility of parole. The Tennessee Department of Correction maintains that it is incarcerating Petitioner under a sentence of life imprisonment without the possibility of parole. Petitioner filed a Petition for Writ of Habeas Corpus in the Criminal Court of Davidson County, asserting the judgment is illegal and void. The petition was denied. The judgment is affirmed.
Davidson
Court of Criminal Appeals
State vs. Reginald Tyrone Donnell M1999-02184-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: J. O. Bond
Defendant, Reginald Tyrone Donnell, was indicted on two counts of first degree murder. A Wilson County jury found him guilty of two counts of second degree murder. Following a sentencing hearing, the trial court sentenced the Defendant to twenty-five (25) years in the Department of Correction for each count, with the sentences to run consecutively. The Defendant now appeals contending: 1) the evidence was insufficient to support convictions of second degree murder, 2) the trial court failed to exclude autopsy photographs of the victims, 3) the sentences imposed by the trial court were excessive, and 4) the trial court erred in ordering consecutive sentences. After review of the record, we affirm.
Wilson
Court of Criminal Appeals
Ronald Bradford Waller vs. State E1999-02034-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Douglas A. Meyer
The petitioner was convicted in the Hamilton County Criminal Court in 1992 of first degree murder, especially aggravated robbery, and theft over $1,000, receiving an effective sentence of life plus twenty-three years. The convictions and sentences were affirmed on direct appeal in 1993; and the petitioner subsequently filed a petition for post-conviction relief, presenting as issues, whether there was a variance between the indictment and the proof, whether he was improperly compelled to participate in a courtroom demonstration, whether he received ineffective assistance of counsel at trial and on direct appeal, whether his convictions constitute double jeopardy, whether the trial court erred in evidentiary rulings, whether he was improperly convicted because of prosecutorial misconduct or cumulative errors at the trial, and whether his convictions amount to a miscarriage of justice. Finding no error, we affirm the judgment of the trial court denying the petition for post-conviction relief.
State vs. Robert Eugene Finchum E1999-00696-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: James E. Beckner
Defendant Robert Eugene Finchum, Jr., pled guilty to one count of simple possession of LSD, one count of simple possession of marijuana, one count of possession of untaxed whiskey, and one count of possession of drug paraphernalia. Pursuant to a negotiated plea agreement, Defendant received a total effective sentence of eleven months and twenty-nine days with 30% minimum service prior to eligibility for work release, furlough, trusty status, and rehabilitative programs. Following a hearing, the trial court denied Defendant's request for probation. Defendant contends that the trial court erred when it failed to impose an alternative sentence. The judgment of the trial court is affirmed.
Hawkins
Court of Criminal Appeals
State vs. Billy Bivens E1999-00086-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Earle G. Murphy
The defendant, Billy Bivens, was convicted of official misconduct and assault. On appeal, he argues that the evidence was insufficient to sustain his convictions;that the trial court erred by failing to require the state to elect the offenses for which it sought conviction; that the jury delivered inconsistent verdicts; and that the trial court imposed an excessive sentence. Because the jury was erroneously instructed on assault as a lesser included offense of sexual battery, we reverse the assault conviction. The conviction and sentence for official misconduct are affirmed.
