COURT OF CRIMINAL APPEALS OPINIONS

State vs. Vincent Sims
W1998-00634-CCA-R3-DD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Joseph B. Dailey

Shelby Court of Criminal Appeals

State vs. Vincent Sims
W1998-00634-CCA-R3-DD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Joseph B. Dailey

Shelby Court of Criminal Appeals

State vs. James Hankins
W1999-00529-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: W. Fred Axley
James R. Hankins appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief. All of his allegations are without merit, save one. Hankins has established by clear and convincing evidence that his counsel on direct appeal failed to follow the required procedures for withdrawal of counsel under Supreme Court Rule 14. Accordingly, we affirm in part, reverse in part, and vacate and reinstate our judgment in Hankins' direct appeal.

Shelby Court of Criminal Appeals

State vs. Pamela Hopper
W1999-01067-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: John P. Colton, Jr.

Shelby Court of Criminal Appeals

State vs. Tony Martin
W2001-02221-CCA-R3-CD
Trial Court Judge: Bernie Weinman

Shelby Court of Criminal Appeals

State vs. Jeffery Ray Jennings
E1999-00848-CCA-R3-CD
Authoring Judge: Judge Jerry Smith

Greene Court of Criminal Appeals

E1999-01465-CCA-R3CD
E1999-01465-CCA-R3CD
Trial Court Judge: D. Kelly Thomas, Jr.

Blount Court of Criminal Appeals

03C01-9803-CR-00118
03C01-9803-CR-00118

Hamilton Court of Criminal Appeals

M1998-00118-CCA-R3-CD
M1998-00118-CCA-R3-CD
Authoring Judge: Sr. Judge L. Terry Lafferty
Trial Court Judge: Robert W. Wedemeyer

Montgomery Court of Criminal Appeals

State vs. Jeffrey Eugene Wright, a.k.a Jeffrey Eugene Arnell
M1999-00647-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Walter C. Kurtz

Davidson Court of Criminal Appeals

State vs. Henry DeQuan Rhodes
M1999-959-CCA-R3-CD
Trial Court Judge: J. O. Bond

Wilson Court of Criminal Appeals

State vs. Kawaski Taylor
W1998-00656-CCA-R3-CD
Authoring Judge: Judge David H. Welles

Gibson Court of Criminal Appeals

State vs. Jerry Travis
W1999-01089-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Julian P. Guinn

Henry Court of Criminal Appeals

State vs. Samantha Heard
M1999-00246-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Seth W. Norman

The appellant, Samantha Heard, appeals from a judgment of conviction entered by the Davidson County Criminal Court. The appellant pled guilty to one count of sale of cocaine in excess of .5 grams, a class B felony. As a condition of the plea agreement, the appellant reserved the right to appeal, as a certified question of law, the trial court's denial of her motion to suppress.1 See Tenn. R. App. P. 3(b); Tenn. R. Crim. P. 37(b). Specifically, she asserts that the facts alleged in the affidavit of the search warrant are insufficient to support a finding of probable cause for the search of her person.  After review of the record, we affirm the trial court’s denial of the motion to suppress and affirm the judgment of conviction.

Davidson Court of Criminal Appeals

State of Tennessee v. La Southaphanh
M1999-00302-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge James K. Clayton, Jr.

The appellant, La Southaphanh, appeals his jury convictions for aggravated burglary and theft over $1,000. The trial court imposed, as a Range II offender, a nine year sentence for aggravated burglary and a concurrent seven year sentence for theft. On appeal, the appellant’s sole challenge is the sufficiency of the convicting evidence.  Following review, we affirm.

Rutherford Court of Criminal Appeals

State of Tennessee v. Khanh V. Le - Concurring and Dissenting
W1998-00637-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge W. Fred Axley

I concur with Judge Ogle’s opinion concerning the issue of sufficiency of the evidence to sustain the conviction for first degree murder and the issue regarding the suppression of identification testimony. I concur that the trial court did not err by refusing to charge voluntary manslaughter as a lesser-included offense.  I also concur that the trial court erred by failing to charge second degree murder as a lesser-included offense. However, I dissent from the majority opinion’s conclusion that this error was not reversible error.

Shelby Court of Criminal Appeals

State of Tennessee v. Khanh V. Le
W1998-00637-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle

The lead opinion of Judge Ogle, the separate concurring opinion of Judge Welles, and the separate opinion of Judge Woodall concurring in part and dissenting in part, filed in this case on March 6, 2000, are withdrawn.

Shelby Court of Criminal Appeals

State of Tennessee v. Khanh V. Le
W1998-00637-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge W. Fred Axley

On November 10, 1997, the appellant, Khanh V. Le, was convicted by a jury in the Shelby County Criminal Court of first degree murder. The trial court sentenced the appellant to life imprisonment in the Tennessee Department of Correction.  In this appeal as of right, the appellant presents the following issues for our review:

(I) Whether the evidence is sufficient to sustain the appellant’s conviction of first degree murder;

(II) Whether the trial court erred by refusing to charge any lesser included offenses to first degree murder;

(III) Whether the trial court erred by denying the appellant’s motion to suppress identification testimony.

Following a review of the record and the parties’ briefs, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Gregory Austin
W1999-01441-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Joseph B. Dailey

The appellant, Gregory Austin, appeals his jury conviction for first degree premeditated murder. The appellant was originally indicted for felony murder in the perpetration of attempted robbery and first degree premeditated murder. Because the State did not seek a sentence of death or life without parole, the trial court imposed a life sentence. On appeal, the appellant argues the trial court erred in failing to: (1) suppress the appellant’s statement to the police; (2) permit redaction of portions of appellant’s statement to the police prior to its admission; and (3) contemporaneously instruct the jury regarding prior inconsistent statements.

Shelby Court of Criminal Appeals

State of Tennessee v. David Remus
W1999-01448-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Chris B. Craft

The appellant, David Remus, appeals the jury verdict of the Shelby County Criminal Court finding him guilty of burglary of a building, a Class D felony.. The trial court imposed a sentence of three years and three months in the county workhouse.  On appeal, the appellant challenges (1) the sufficiency of the evidence; (2) the jury’s viewing of the appellant while “shackled;” and (3) the trial court’s application of an enhancement factor in determining the appellant’s sentence.

Shelby Court of Criminal Appeals

State of Tennessee v. Kermit Maurice Cozart
W1999-00022-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Julian P. Guinn

The defendant, Kermit Maurice Cozart, appeals from a guilty verdict returned against him by a Henry County jury for Aggravated Kidnapping, a Class B felony. The trial court sentenced the defendant to ten years at 100% as a violent offender for the aggravated kidnapping. The defendant contends that the trial court erred in failing to give the defendant’s requested special jury instruction. The defendant had requested that the trial court specifically charge the jury on aggravated kidnapping in the context of a robbery in accordance with the language of State v. Anthony, 817 S.W.2d 299 (Tenn. 1991). The defendant contends that the court’s instruction left the jury without guidance sufficient to decide whether the defendant should stand convicted for the offense of aggravated kidnapping. After careful review, we AFFIRM the instruction, judgment, and sentence from the trial court.

Henry Court of Criminal Appeals

State of Tennessee vs. James Emmett Moses, Jr. a/k/a Ali Hakem Mahammed
W1999-01509-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Joseph H. Walker, III

The appellant, James Emmett Moses, Jr., a/k/a Ali Hakem Mahammed, appeals the sentencing decision of the Lauderdale County Circuit Court following his guilty pleas to the offenses of one count aggravated burglary, two counts of robbery, and one count of theft under $500. Following a sentencing hearing, the trial court imposed an effective sentence of twenty six years imprisonment.1 On appeal, the appellant challenges the length of the sentences and the imposition of consecutive sentences.

Lauderdale Court of Criminal Appeals

James A. Ayers also known as James Harris v. State of Tennessee
W1999-00612-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge John P. Colton, Jr.

The appellant, James A. Ayers also known as James Harris, appeals the order of the Shelby County Criminal Court summarily dismissing his petition for post-conviction relief. In this appeal, the appellant challenges the trial court’s summary dismissal of his petition as being time-barred. Specifically, he argues that his claim was later arising under Burford and Sands.

Shelby Court of Criminal Appeals

State of Tennessee v. Michael Thomason
W1999-02000-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Julian P. Guinn

The defendant, Michael Thomason, appeals as of right his conviction by a Haywood County Circuit Court jury of four counts of sexual battery, one count of aggravated sexual battery, and one count of contributing to the delinquency of a minor. The trial court sentenced the defendant as a Range I standard offender to two years on each of the sexual battery charges; ten years on the aggravated sexual battery charge; and eleven months and twenty-nine days on the misdemeanor count of contributing to the delinquency of a minor, the sentences to be served concurrently. The defendant presents the following issues for review:

Haywood Court of Criminal Appeals

Steven DeWayne Bolden v. State of Tennessee
W1999-00029-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge R. Lee Moore Jr.

The petitioner, Steven DeWayne Bolden, appeals the dismissal of his petition for post-conviction relief by the Lake County Circuit Court on March 26, 1999. Following a review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

Lake Court of Criminal Appeals