E1999-00915-CCA-R3-PC E1999-00915-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: R. Steven Bebb
Bradley
Court of Criminal Appeals
State s. Amanda Lee Sutton E1999-00920-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Stephen M. Bevil
The defendant, a former day care worker, pled guilty to Class D felony child abuse for breaking the jaw of a two-year-old child in her care. She was given a three-year sentence, to be served in split confinement, with six months in the county workhouse and four years of supervised probation. On appeal, the defendant raises the issues of whether the trial court erred in considering the age, vulnerability, and risk to the victim's life as a sentencing enhancement factor when the offense was already classified according to the age of the victim, and whether the trial court erred in failing to utilize alternative sentencing. Based upon our review, we affirm the decision of the trial court.
Hamilton
Court of Criminal Appeals
Johnny Rutherford vs. State E1999-00932-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: James B. Scott, Jr.
Anderson
Court of Criminal Appeals
State vs. Richard Eugene Trivette E1999-00944-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Phyllis H. Miller
The Defendant was convicted of two counts of sexual battery. His plea agreement provided for concurrent sentences of two years for his convictions, with the manner of service of the sentences to be determined by the trial judge. The trial judge ordered that the Defendant serve 280 days of his sentences in the county jail, with the balance to be served on intensive probation. On appeal, the Defendant argues that the trial judge erred by ordering him to serve 280 days in jail. We modify the sentences imposed by the trial court.
Sullivan
Court of Criminal Appeals
State vs. Gordon Scott Katz E1999-01220-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: James B. Scott, Jr.
The appellant, Gordon Scott Katz, was found guilty by a jury in the Criminal Court of Anderson County of one count of auto burglary, a class E felony, and one count of theft under $500, a class A misdemeanor. Subsequently, the trial judge granted the appellant's motion for judgment of acquittal. The State appealed. This court reversed the trial court's judgment of acquittal and remanded for further proceedings. The appellant then moved for a new trial. The trial court denied the appellant's motion for new trial, stating that the opinion of this court mandated a reinstatement of the jury's verdict. The appellant appeals and presents the following issues for our review: (1) whether the trial court erred in ruling that the previous order of the Court of Criminal Appeals required denial of the motion for new trial; (2) whether the indictment in this case is fatally defective such as to require dismissal of this charge; (3) whether the evidence of intent to commit a felony is insufficient to support the conviction; and, (4) whether the evidence of intent to deprive the owner is insufficient to support the conviction. Upon review of the record and the parties' briefs, we reverse the judgment of the trial court and remand for a new trial.
Anderson
Court of Criminal Appeals
State vs. Michelle Ferguson E1999-01302-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Carroll L. Ross
Defendant Michelle Ferguson was convicted by a jury of two counts of aggravated child abuse and one count of first degree murder in perpetration of aggravated child abuse. The trial court subsequently imposed concurrent sentences of eighteen years, eighteen years, and life. Defendant challenges her convictions, raising the following issues: (1) whether the evidence was sufficient to support her convictions; (2) whether the trial court erred when it failed to sever the trials for the charges in this case; and (3) whether the trial court erred when it failed to grant a motion for a mistrial. The judgment of the trial court is reversed, and the case is remanded for a new trial.
McMinn
Court of Criminal Appeals
State vs. James Chapman E1999-01315-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Douglas A. Meyer
State vs. Ann Elizabeth Martin E1999-01361-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Stephen M. Bevil
Defendant Ann Elizabeth Martin was convicted of driving under the influence, first offense. In this appeal as of right she argues (1) the trial court erred when it did not suppress blood test results because of statutory and constitutional infirmities in the implied consent form; and (2) the stop of her vehicle and subsequent arrest are unconstitutional because the arresting officer did not have a reasonable articulable suspicion warranting a traffic stop. Held: the implied consent form complies with the statutory requirements. However, the officer who arrested Defendant did not have a reasonable articulable suspicion warranting a traffic stop. Defendant's conviction is reversed, and the case is remanded for dismissal of the charge.
William Boyd v. State of Tennessee E1999-02179-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Richard R. Baumgartner
Knox
Court of Criminal Appeals
State vs. Henry C. Bond E1999-02183-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Ray L. Jenkins
The Defendant was convicted by a Knox County jury of two counts of forgery not exceeding $500. The Defendant was sentenced as a career offender to concurrent terms of six years on each conviction. On appeal, the Defendant contends that the evidence is not sufficient to support his convictions for forgery. Finding no error, we affirm.
Knox
Court of Criminal Appeals
State vs. Kenneth R. Shell E1999-02422-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Lillie Ann Sells
Kenneth R. Shell appeals from his conviction of aggravated sexual battery. He seeks a new trial based upon newly discovered evidence. Finding no error in the trial court's denial of his motion for new trial on this basis, we affirm.
Cumberland
Court of Criminal Appeals
State vs. Michael Brian Goodwin E1999-02424-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: R. Jerry Beck
State vs. Kevin DeWayne Steen E1999-02669-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: James B. Scott, Jr.
The sole issue in this appeal is whether the defendant was eligible for work release and/or periodic confinement prior to serving the mandatory minimum period of incarceration for second offense DUI. The trial court concluded that the defendant was ineligible for work release or periodic confinement prior to serving the mandatory minimum period of incarceration, and we affirm that judgment.
Thomas McKee vs. State E2000-00008-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: James Curwood Witt
Knox
Court of Criminal Appeals
John Penley vs. State E2000-00154-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Phyllis H. Miller
The Defendant filed for post-conviction relief, alleging that his guilty plea to drug-related charges (1) was not knowingly and voluntarily entered; (2) was the result of ineffective assistance of counsel; and (3) was contaminated by illegal evidence. After a hearing, the trial court denied relief, and the Defendant appeals as of right. We affirm the judgment of the trial court.