State s. Nathaniel Allen E1999-02209-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: James Edward Beckner
The appellant, Nathaniel Allen, was convicted by a jury in the Hamblen County Circuit Court of one count of delivery of more than .5 grams of cocaine, a class B felony. The trial court sentenced the appellant to twelve years incarceration in the Tennessee Department of Correction, as a Range I offender, with thirty percent release eligibility and assessed a fine of $ 7,500. The appellant presents the following issues for our review: (1) whether the evidence in this case is sufficient to sustain a verdict of guilt beyond a reasonable doubt; (2) whether the testimony, under oath, of Tonya Acuff was so contradictory as to have been subject to cancellation; (3) whether the court's decision to send items to the jury room in this case was improper to the extent that it included typed transcripts of tapes not offered as evidence; (4) whether it was improper for the court to align one of the tapes introduced into evidence by the State in this case to a particular phrase so that the jury heard that phrase immediately upon turning on the tape recorder; (5) whether sentencing in this case was excessive and whether the court properly applied statutory guidelines in delivering a sentence in this case; (6) whether if, in fact, the trial court had no alternative but to give a twelve-year sentence in this case according to the Tennessee sentencing guidelines, then are those guidelines constitutional both in terms of the United States and Tennessee constitutions. Upon review of the record and the parties' briefs, we affirm the appellant's convictions, but modify his sentence to ten years.
Hamblen
Court of Criminal Appeals
David Bailey vs. State E1999-01320-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Rex Henry Ogle
State vs. Anthony Lee Richardson E2000-00699-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Carroll L. Ross
The appellant appeals the order of the Polk County Criminal Court dismissing the appellant's appeal from the judgment of the Polk County General Sessions Court finding the appellant guilty of telephone harassment. Following a review of the limited record before this court and the parties' briefs, we affirm the judgment of the trial court.
Polk
Court of Criminal Appeals
State vs. Charles Bryan W1999-00620-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: W. Otis Higgs, Jr.
State vs. Clyde Hambrick Jr. E1998-00893-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Arden L. Hill
Unicoi
Court of Criminal Appeals
State vs. Matthew Douglas Cox E1999-00351-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Richard R. Baumgartner
The appellant, Matthew Douglas Cox, appeals his convictions by a jury in the Knox County Criminal Court of two counts of aggravated rape and one count of incest. The trial court imposed concurrent sentences of twenty years incarceration in the Tennessee Department of Correction for the aggravated rape convictions and three years incarceration for the incest conviction. On appeal, the appellant presents the following issues for our review: (1) whether the evidence adduced at trial supports his convictions of aggravated rape and incest; (2) whether the trial court erroneously admitted into evidence a tape recording of the victim's 911 telephone call; (3) whether the trial court erred in effectively limiting defense counsel's cross-examination of the State's expert witness concerning the results of a DNA analysis of semen samples obtained from the victim; (4) whether the trial court erred in admitting into evidence testimony concerning the circumstances of the appellant's arrest; (5) whether the State committed prosecutorial misconduct during closing argument; and (6) whether the cumulative effect of these errors requires the reversal of the appellant's convictions. Following a review of the record and the parties' briefs, we affirm in part and reverse in part the judgments of the trial court.
Knox
Court of Criminal Appeals
State vs. Helen Dixon Devers M1999-00427-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Stella L. Hargrove
Wayne
Court of Criminal Appeals
State vs. Terry M. Watson M1999-00264-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Frank G. Clement, Jr.
State vs. Andrew D. Bledsoe M1999-00788-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: J. Randall Wyatt, Jr.
The defendant, after being convicted of reckless homicide, appeals his sentence of three and one-half years incarceration. He argues that the trial court incorrectly imposed an excessive sentence and that the trial court erred by not imposing any form of alternative sentence. We hold that a death, although unfortunate and tragic, standing alone, is insufficient to deny an alternative sentence given our legislative mandate that Range I standard offenders convicted of any Class D felony are presumed to be favorable candidates for alternative sentencing. Therefore, after careful review, we affirm the length of the sentence; however, we modify its manner of service to an alternative sentence of split confinement of one year and the remaining two and one-half years on probation.
Davidson
Court of Criminal Appeals
Claude Garrett vs. State M1999-00786-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Seth W. Norman
The defendant, after being convicted of first degree murder and sentenced to life imprisonment, was denied post-conviction relief by the Criminal Court of Davidson County. Defendant now appeals that denial and asserts that (1) the State withheld exculpatory evidence in violation of Brady v. Maryland, thereby undermining the confidence of the outcome of the trial; (2) the trial court erred by unconstitutionally instructing the jury; (3) the defendant was not afforded effective assistance of counsel; and (4) juror misconduct and bias violated the defendant's constitutional rights. The issue of juror misconduct was addressed by this court on direct appeal and, therefore, is not properly before this court. After review, we affirm the trial court's finding that the defendant received effective assistance of counsel; however, we reverse and remand the case for a new trial because the prosecution withheld exculpatory evidence in violation of Brady v. Maryland, thereby undermining the confidence in the outcome of the trial.
Davidson
Court of Criminal Appeals
State vs. John Roy Polly M1999-00278-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: William Charles Lee
In this direct appeal, the defendant argues that he was incorrectly sentenced as a "persistent offender." We agree that the twenty-four hour merger rule bars use of one of his previous convictions and therefore reverse and remand for resentencing as a "multiple offender" within Range II.
Marshall
Court of Criminal Appeals
State vs. Toronda Sherelle Williams M2000-00212-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Seth W. Norman
Following a grand jury indictment, Toranda Williams, the defendant and appellant, was tried and convicted of first-degree murder in the Davidson County Criminal Court. On appeal, she argues (1) that the trial court erroneously admitted testimony about the results of a polygraph examination; (2) that the court erroneously admitted hearsay testimony; and (3) that the cumulative effect of these errors was substantial enough to require reversal. Because we find the trial court's error in admitting the polygraph test results was harmless, and because the issue regarding hearsay testimony has been waived for failure to include it in the motion for a new trial, we affirm the judgment of the trial court.
