COURT OF CRIMINAL APPEALS OPINIONS | Tennessee Administrative Office of the Courts

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01C01-9508-CR-00264 01C01-9508-CR-00264	Davidson	Court of Criminal Appeals	05/16/97
01C01-9511-CC-00378 01C01-9511-CC-00378 Trial Court Judge: Leonard W. Martin	Dickson	Court of Criminal Appeals	05/16/97
01C01-9601-CR-00041 01C01-9601-CR-00041	Davidson	Court of Criminal Appeals	05/16/97
01C01-9603-CR-00084 01C01-9603-CR-00084	Davidson	Court of Criminal Appeals	05/16/97
State vs. John Childress 02C01-9605-CC-00154 Trial Court Judge: Joseph H. Walker, III	Lauderdale	Court of Criminal Appeals	05/16/97
State vs. James Marion 02C01-9605-CR-00158 Trial Court Judge: Joseph B. Dailey	Shelby	Court of Criminal Appeals	05/16/97
State vs. Johnny Smith 02C01-9602-CR-00061 Trial Court Judge: James C. Beasley, Jr.	Shelby	Court of Criminal Appeals	05/15/97
State vs. Mario Gutierrez 02C01-9502-CC-00043	Hardin	Court of Criminal Appeals	05/15/97
03C01-9605-CC-00190 03C01-9605-CC-00190 Trial Court Judge: Rex Henry Ogle	Cocke	Court of Criminal Appeals	05/14/97
State vs. Miller 03C01-9608-CR-00300 Trial Court Judge: R. Jerry Beck	Sullivan	Court of Criminal Appeals	05/14/97
State vs. Violet 03C01-9603-CC-00135 Trial Court Judge: Mayo L. Mashburn	McMinn	Court of Criminal Appeals	05/13/97
State vs. Brown 03C01-9604-CC-00140	Hancock	Court of Criminal Appeals	05/13/97
State vs. Copeland 03C01-9605-CC-00196 Trial Court Judge: D. Kelly Thomas, Jr.	Blount	Court of Criminal Appeals	05/13/97
State vs. Hicks 03C01-9602-CC-00064	Washington	Court of Criminal Appeals	05/13/97
State vs. Robert Gober M1999-01425-CCA-R3-CD Authoring Judge: Judge David H. Welles Trial Court Judge: Robert W. Wedemeyer The Defendant was convicted of two counts of aggravated assault. For these crimes, he was sentenced to concurrent terms of eight years to be served in the Department of Correction as a Range II, multiple offender. On appeal, he challenges the sufficiency of the convicting evidence and argues that he was improperly sentenced. We affirm the judgment of the trial court.	Robertson	Court of Criminal Appeals	05/11/97
State of Tennessee v. Randy Anderson - Dissenting 01C01-9412-CC-00406 Authoring Judge: Judge Paul G. Summers Trial Court Judge: Judge Jim T. Hamilton I respectfully disagree with my colleagues in this case. I do not believe that the prosecutor's remarks concerning the appellant's intention to plead guilty prejudiced him or deprived him of a fair trial. As pointed out by the majority, Judge v. State1 provides five factors to be considered in assessing the prejudicial effect of improper argument. The five factors are: 1. The conduct complained of viewed in context and in light of the facts and circumstances of the case. 2. The curative measures undertaken by the court and the prosecution. 3. The intent of the prosecutor in making the improper statement. 4. The cumulative effect of the improper conduct and any other errors in the record. 5. The relative strength or weakness of the case.	Maury	Court of Criminal Appeals	05/07/97
State of Tennessee v. John W. Gilliam 01C01-9603-CC-00105 Authoring Judge: Judge William M. Barker Trial Court Judge: Judge Cornelia A. Clark The Appellant, John W. Gilliam, appeals as of right his conviction and consecutive sentence for one count of the unlawful carrying or possession of a weapon. He argues that the evidence introduced at trial was insufficient to sustain his conviction and that the trial court erred when it ordered his sentence for that crime consecutive to another sentence for rape. We have reviewed the record on appeal and find no merit to the Appellant’s contentions and, therefore, affirm the trial court’s judgment.	Williamson	Court of Criminal Appeals	05/07/97
State of Tennessee v. Judone A. Lee and William C. Waters 01C01-9603-CR-00081 Authoring Judge: Judge William M. Barker Trial Court Judge: Judge Seth W. Norman The State of Tennessee appeals as of right the Davidson County Criminal Court’s dismissal of the Appellees’ indictments for possession of cocaine with intent to sell or deliver. The trial court found that the Appellees’ protection against former jeopardy had been violated in that the Appellees had already been punished for their crimes by the State’s seizure of two vehicles used in the drug sale. The State argues on appeal that the civil forfeiture of the Appellees’ vehicles does not amount to punishment pursuant to the double jeopardy clauses of the United States and the Tennessee Constitutions. We agree and reverse the trial court.	Davidson	Court of Criminal Appeals	05/07/97
03C01-9603-CC-00095 03C01-9603-CC-00095 Trial Court Judge: Rex Henry Ogle	Cocke	Court of Criminal Appeals	04/30/97
Hunt vs. State 03C01-9603-CC-00126 Trial Court Judge: James E. Beckner	Hamblen	Court of Criminal Appeals	04/30/97
State vs. Tolley 03C01-9604-CC-00162 Trial Court Judge: Arden L. Hill	Carter	Court of Criminal Appeals	04/30/97
Anderson vs. State 03C01-9606-CC-00245 Trial Court Judge: James E. Beckner	Greene	Court of Criminal Appeals	04/30/97
State vs. Brian Martin 02C01-9410-CC-00212	Fayette	Court of Criminal Appeals	04/30/97
State vs. Moore 03C01-9604-CC-00163	Carter	Court of Criminal Appeals	04/29/97
State vs. Crespo 03C01-9504-CR-00118 Trial Court Judge: Ben W. Hooper, II	Sevier	Court of Criminal Appeals	04/29/97