COURT OF CRIMINAL APPEALS OPINIONS

State vs. Martin
03C01-9711-CR-00508
Trial Court Judge: James E. Beckner

Greene Court of Criminal Appeals

State vs. Bivens
03C01-9711-CR-00497

McMinn Court of Criminal Appeals

State of Tennessee vs. Edward Anthony Joslin
01C01-9710-CR-00491
Authoring Judge: Judge John H. Peay
Trial Court Judge: Judge Seth Norman

A jury found the defendant guilty of conspiracy to possess with the intent to deliver over seventy pounds of marijuana; two counts of possession with the intent to deliver one-half ounce to ten pounds of marijuana; and delivery of ten pounds, one gram to seventy pounds of marijuana. The trial court imposed an effective sentence of thirtynine years incarceration, with a total fine of one hundred sixty thousand dollars ($160,000). On appeal, the defendant presents ten issues for review, most of which deal with the sufficiency of the convicting evidence or the propriety of the defendant’s sentence. We affirm the defendant’s convictions and sentence.

Davidson Court of Criminal Appeals

State of Tennessee vs. Michael Orman
01C01-9710-CR-00498
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Cheryl Blackburn

The defendant was found guilty by a Davidson County jury of burglary and theft of property over $1,000. The trial court sentenced defendant to Range II sentences of six years on each count and ordered them served consecutively for an effective twelve-year sentence. The defendant contends that the trial court erred in finding and weighing the enhancement and mitigating factors and in ordering the sentences served consecutively instead of concurrently. After a thorough review of the record, we affirm the sentence as imposed.

Davidson Court of Criminal Appeals

Terry L. Baker vs. State of Tennessee
01C01-9711-CR-00522
Authoring Judge: Judge John H. Peay
Trial Court Judge: Judge Seth Norman

The petitioner pled guilty to six counts of drug charges in Davidson County case number 92-A-647 on May 16, 1995. He was sentenced as a Range I offender to concurrent ten year sentences to be served in the Community Corrections program. On January 19, 1996, the petitioner was found guilty of violating his community corrections sentence and the court increased his sentence from ten years to twenty years to serve. On December 11, 1996, the petitioner filed a petition for post-conviction relief. The petition was dismissed by the trial court on the grounds that it was filed outside the applicable statute of limitations. The petitioner now appeals and argues the postconviction court erred when it dismissed the petition. We agree and reverse the judgment of the court below and remand this cause for a hearing on the merits of the petition.

Davidson Court of Criminal Appeals

Timothy R. Powell vs. State of Tennessee
01C01-9708-CR-00379
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Frank G. Clement

The Defendant, Timothy R. Powell, appeals as of right from the order of the trial court summarily dismissing his second petition for post-conviction relief. We affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

Billie Joe Linticum vs. State of Tennessee - Concurring
03C01-9710-CR-00458
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Stephen M. Bivel

The petitioner was convicted by a jury of first degree murder in 1975 and sentenced to death. This Court affirmed the conviction, but the sentence was commuted to life imprisonment by executive action. Hamilton v. State, 555 S.W.2d 724 (Tenn. Crim. App. 1977).

Hamilton Court of Criminal Appeals

State of Tennessee vs. Cecil Eugene McGuire
03C01-9705-CC-00191
Authoring Judge: Judge Curwood Witt
Trial Court Judge: Judge Rex Henry Ogle

The Sevier County Grand Jury indicted sixteen-year old Cecil Eugene McGuire for aggravated rape, aggravated sexual battery, and aggravated burglary. After a trial, the jury acquitted the defendant of aggravated rape and aggravated burglary but found him guilty of aggravated sexual battery and aggravated criminal trespass, a lesser grade offense of aggravated burglary. The trial court sentenced him to serve eleven years in the custody of the Department of Correction as a Range I, standard offender for the Class B felony, concurrently with eleven months and twenty-nine days for the Class A misdemeanor. Pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure, the defendant presents the following issues:


1. Whether the indictments are fatally defective and thereby deprive the trial court of jurisdiction in this case.
2. Whether the evidence as a matter of law was insufficient to support the convictions.
3. Whether the trial court improperly credited and weighed the enhancement factors and imposed an excessive sentence.

After a careful review of the record and the applicable law, we find no error warranting reversal of the defendant’s convictions. We affirm the convictions, but for reasons explained below, we modify the felony sentence from eleven years to ten years.

Sevier Court of Criminal Appeals

State vs. Joseph Stinnett
01C01-9707-CC-00288
Trial Court Judge: James K. Clayton, Jr.

Rutherford Court of Criminal Appeals

State vs. Demario Hill aka David Weathers
01C01-9707-CC-00444
Trial Court Judge: Robert E. Burch

Dickson Court of Criminal Appeals

State vs. Delbert Harris
01C01-9705-CC-00177
Trial Court Judge: Robert E. Burch

Dickson Court of Criminal Appeals

State vs. William Clements
01C01-9707-CC-00247

Hickman Court of Criminal Appeals

State vs. William Bradley
01C01-9708-CR-00336

Davidson Court of Criminal Appeals

Terry Hall vs. State
01C01-9710-CC-00448

Cheatham Court of Criminal Appeals

James Newsome vs. State
01C01-9710-CR-00459
Trial Court Judge: Thomas H. Shriver

Davidson Court of Criminal Appeals

David Gibson vs. State
01C01-9710-CC-00473
Trial Court Judge: W. Charles Lee

Bedford Court of Criminal Appeals

State vs. AAA Aaron's Action Agency Bail Bond, Inc.
01C01-9710-CR-00462
Trial Court Judge: Seth W. Norman

Davidson Court of Criminal Appeals

Larry T. Carter vs. State
01C01-9710-CR-00488

Davidson Court of Criminal Appeals

State vs. Donald Wallace
01C01-9711-CC-00526
Trial Court Judge: Leonard W. Martin

Stewart Court of Criminal Appeals

State vs. Floyd Smith, II
01C01-9711-CR-00511

Wilson Court of Criminal Appeals

State vs. William Mack Gross
E2000-00039-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Douglas A. Meyer

Hamilton Court of Criminal Appeals

01C01-9701-CC-00549
01C01-9701-CC-00549
Trial Court Judge: John H. Gasaway, III

Robertson Court of Criminal Appeals

State vs. Gerald Lovelace
01C01-9708-CC-00338
Trial Court Judge: Robert W. Wedemeyer

Montgomery Court of Criminal Appeals

State vs. Gerald Lovelace
01C01-9708-CC-00338
Trial Court Judge: Cheryl A. Blackburn

Davidson Court of Criminal Appeals

State vs. Jerry Huskins
01C01-9707-CR-00253
Trial Court Judge: John A. Turnbull

Putnam Court of Criminal Appeals