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State vs. Michael Christopher Adams and Jerry Holt E1999-00446-CCA-R3-CD Authoring Judge: Presiding Judge Joseph M. Tipton Trial Court Judge: Richard R. Vance The defendants, Michael Christopher Adams and Jerry Holt, Jr., appeal their convictions by a Sullivan County jury. Adams was convicted of second degree murder and four counts of aggravated assault. He received a total sentence of forty-nine years. Holt was convicted of four counts of aggravated assault and received a total sentence of twenty years. Both defendants challenge the sufficiency of the evidence and the trial court's imposition of consecutive sentencing. Adams also challenges the trial court's application of enhancement factors and failure to apply mitigating factors. We hold that the evidence is sufficient, but we hold that the trial court erred in sentencing. Adams's sentence is modified to reflect a total sentence of forty years, and Holt's sentence is modified to reflect a total sentence of twelve years.	Sullivan	Court of Criminal Appeals	07/11/00
State vs. Jeffrey Wayne Adkisson E1999-01316-CCA-R3-CD Authoring Judge: Judge John Everett Williams Trial Court Judge: E. Eugene Eblen The defendant, convicted of one count of D.U.I., argues that the evidence was insufficient and that a police report submitted as evidence was unfairly redacted. After review, we find no reversible error and therefore affirm the judgment from the trial court.	Morgan	Court of Criminal Appeals	07/10/00
State of Tennessee vs. Douglas Bowers M1999-00778-CCA-R3-CD Authoring Judge: Judge Jerry Smith Trial Court Judge: Judge W. Charles Lee A Lincoln County jury convicted the appellant, Douglas Bowers, of one (1) count of the delivery of 0.2 grams of cocaine, a Class C felony. The trial court sentenced the appellant as a Range II offender to nine (9) years and six (6) months incarceration. On appeal, the appellant contends that: (1) the evidence is insufficient to sustain his conviction; (2) the trial court erred in denying the appellant's request to instruct the jury on the "procuring agent defense"; and (3) the sentence imposed by the trial court was excessive. After thoroughly reviewing the record before this Court, we conclude that the state presented sufficient evidence to sustain the appellant's conviction for delivery of a Schedule II controlled substance. Furthermore, because the "procuring agent defense" has been abolished by statute, the trial court did not err in failing to so instruct the jury. Finally, we conclude that the sentence imposed by the trial court was appropriate. The judgment of the trial court is affirmed.	Lincoln	Court of Criminal Appeals	07/07/00
State of Tennessee v. John H. Childress M1999-00843-CCA-R3-CD Authoring Judge: Judge David H. Welles Trial Court Judge: Judge Frank G. Clement, Jr. The Defendant was found guilty by a Davidson County jury of driving with a blood alcohol concentration of .10 percent or more (D.U.I. per se) and driving on a revoked license. In this appeal as of right, he argues that the trial court erred by admitting the results of his breathalyzer test because the admission of this evidence in a D.U.I per se case violates a defendant's confrontation rights. We hold that the trial court did not err by admitting the Defendant's breath test results. Accordingly, we affirm the Defendant's conviction.	Davidson	Court of Criminal Appeals	07/07/00
Frank Holiday v. State of Tennessee M1999-01010-CCA-R3-PC Authoring Judge: Judge L. Terry Lafferty Trial Court Judge: Judge Seth W. Norman The appellant/petitioner, Frank Holiday, appeals as of right from a dismissal of his petition for post-conviction relief by the Davidson County Criminal Court on the basis that the petition was barred by the statute of limitations. The petitioner, pro se, presents one appellate issue: Did the trial court err in failing to appoint counsel and conduct an evidentiary hearing in this matter, in view of the egregious failure of counsel to protect the petitioner's right to an appeal, and if not, is the petitioner entitled to a delayed appeal?	Davidson	Court of Criminal Appeals	07/07/00
State vs. Jeffrey L. Hammons M1999-00756-CCA-R3-CD Authoring Judge: Judge Joe G. Riley Trial Court Judge: J. O. Bond	Wilson	Court of Criminal Appeals	06/30/00
State vs. Jayson Soriano M1999-00999-CCA-R3-PC Authoring Judge: Judge David H. Welles Trial Court Judge: Seth W. Norman	Davidson	Court of Criminal Appeals	06/30/00
State vs. Glenn A. Saddler M1999-00934-CCA-R3-CD Authoring Judge: Judge John Everett Williams Trial Court Judge: James O. Bond	Wilson	Court of Criminal Appeals	06/30/00
State vs. DeJuan Jacques Scott M1999-01672-CCA-R3-CD Authoring Judge: Presiding Judge Joseph M. Tipton Trial Court Judge: Cheryl A. Blackburn	Davidson	Court of Criminal Appeals	06/30/00
Durroccus D. Harris vs. State M1999-02171-CCA-R3-PC Authoring Judge: Judge Gary R Wade Trial Court Judge: James K. Clayton, Jr.	Rutherford	Court of Criminal Appeals	06/30/00
State of Tennessee v. Christopher D. Thacker M1999-01426-CCA-R3-CD Authoring Judge: Judge Gary R Wade Trial Court Judge: J. Curtis Smith	Sequatchie	Court of Criminal Appeals	06/30/00
State vs. James Malcolm Davis M2000-00089-CCA-R3-CD Authoring Judge: Judge Joe G. Riley Trial Court Judge: Stella L. Hargrove	Wayne	Court of Criminal Appeals	06/30/00
State vs. David Barron W1999-01134-CCA-R3-PC Authoring Judge: Judge J. Curwood Witt, Jr. Trial Court Judge: C. Creed Mcginley	Carroll	Court of Criminal Appeals	06/30/00
State vs. Sonny Yarbro W1999-01469-CCA-R3-CD Authoring Judge: Judge Joe G. Riley Trial Court Judge: Carolyn Wade Blackett	Shelby	Court of Criminal Appeals	06/30/00
State of Tennessee v. Sonny Yarbro W1999-00770-CCA-R3-CD Authoring Judge: Judge Joe G. Riley Trial Court Judge: C. Creed Mcginley	Hardin	Court of Criminal Appeals	06/30/00
State vs. Lawrence White W1999-00735-CCA-R3-CD Authoring Judge: Judge Joe G. Riley Trial Court Judge: C. Creed Mcginley	Hardin	Court of Criminal Appeals	06/30/00
State vs. Scotty Murphy W1999-00728-CCA-R3-CD Authoring Judge: Judge Joe G. Riley Trial Court Judge: C. Creed Mcginley	Hardin	Court of Criminal Appeals	06/30/00
State vs. Mark Steven Marlowe E1998-00873-CCA-R3-CD Authoring Judge: Judge Gary R Wade Trial Court Judge: W. Lee Asbury	Union	Court of Criminal Appeals	06/30/00
State vs. John Farner E1999-00491-CCA-R3-CD Authoring Judge: Presiding Judge Joseph M. Tipton Trial Court Judge: R. Jerry Beck	Sullivan	Court of Criminal Appeals	06/30/00
Tracy Allen Clough vs. State E1999-02145-CCA-R3-PC Authoring Judge: Judge David G. Hayes Trial Court Judge: Ray L. Jenkins	Knox	Court of Criminal Appeals	06/29/00
State vs. Howard Lanier W1999-01146-CCA-R3-CD Authoring Judge: Judge Gary R Wade Trial Court Judge: J. Steven Stafford	Dyer	Court of Criminal Appeals	06/28/00
State vs. Tony Mabry W1999-01438-CCA-R3-CD Authoring Judge: Judge John Everett Williams Trial Court Judge: Joseph B. Dailey	Shelby	Court of Criminal Appeals	06/28/00
State vs. John Melson W1999-00523-CCA-R3-CD Authoring Judge: Judge Robert W. Wedemeyer Trial Court Judge: C. Creed Mcginley	Hardin	Court of Criminal Appeals	06/28/00
State vs. Larry Currie, etc. W1999-01532-CCA-R3-CD Authoring Judge: Sr. Judge L. Terry Lafferty Trial Court Judge: Julian P. Guinn	Henry	Court of Criminal Appeals	06/28/00
State vs. James Echols W1999-02394-CCA-R3-CD Authoring Judge: Judge J. Curwood Witt, Jr. Trial Court Judge: John Franklin Murchison	Madison	Court of Criminal Appeals	06/28/00