State of Tennessee v. Tracy Washington
E2001-02817-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Thomas W. Graham

A Rhea County grand jury indicted the defendant on one count of sexual battery. At the conclusion of a trial, the jury convicted him as charged and fined him one thousand dollars. The trial court subsequently imposed a sentence of one year and six months, of which the defendant was ordered to serve thirty days. After unsuccessfully pursuing a judgment of acquittal or alternatively a new trial in the trial court, the defendant brings this appeal. Herein, he asserts that the record lacks sufficient evidence to sustain his conviction, that the trial court erred in failing to give the jury a curative instruction to disregard a hearsay statement made by the victim in court, and that the trial court erred in permitting the victim's brother to testify regarding a hearsay statement made by the victim. After reviewing the record and relevant authorities, we find that the defendant has waived one of these claims and that the remaining issues merit no relief. We, therefore, affirm the defendant's conviction.

State of Tennessee v. Gregory Dale Clayton
M2002-00058-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Steve R. Dozier

The appellant, Gregory Dale Clayton, was found guilty by a jury in the Davidson County Criminal Court of driving under the influence (DUI). The trial court imposed a sentence of eleven months and twenty-nine days incarceration in the Davidson County Jail. Additionally, the appellant pled guilty to a violation of the implied consent law and suffered the forfeiture of his driver's license for one year. On appeal, the appellant raises two issues relating to the rendering of the jury's verdict. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

State of Tennessee v. Marvin L. Jones, alias Al Amin Hasson
E2002-02419-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Ray L. Jenkins

The defendant, Marvin L. Jones, appeals the trial court's revocation of a community corrections sentence. The single issue presented for review is whether the trial court abused its discretion. The judgment is affirmed.

Billy J. Coffelt v. State of Tennessee
M2001-03073-CCA-MR3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Cheryl A. Blackburn

The petitioner, Billy J. Coffelt, was convicted of assault with intent to commit first degree murder and assault with intent to commit robbery with a deadly weapon. Subsequently, the petitioner filed a petition for post-conviction relief, alleging the ineffective assistance of counsel, which petition was dismissed by the post-conviction court without a hearing. The petitioner currently appeals this ruling. Upon review of the record and the parties' briefs, we reverse the judgment of the post-conviction court and remand for an evidentiary hearing on the petition for post-conviction relief.

State of Tennessee v. Olean W. Thompson
M2001-03093-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Donald P. Harris

The defendant Olean W. Thompson, pled guilty to theft of property $1,000 or more in value and aggravated robbery. Pursuant to a bench trial, he was found guilty of his four remaining indicted charges, four counts of especially aggravated kidnapping. The trial court then sentenced the defendant to serve two years for his theft conviction, eight years for his robbery conviction, and twenty years for each of his kidnapping convictions. The court then ordered the defendant to serve these sentences concurrently, resulting in a twenty-year aggregate sentence. The defendant now appeals his convictions and sentence, claiming that his due process rights were violated by his four convictions for especially aggravated kidnapping and that the trial court erred by imposing excessive sentences for each of his kidnapping convictions. After a thorough review of the record, we find that none of the defendant's allegations merit relief and accordingly affirm the defendant's convictions and sentence.

State of Tennessee v. Tammy Annette Burruss
M2002-01261-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Lee Russell

The defendant, Tammy Annette Burruss, was convicted by a Bedford County Circuit Court jury of theft of a vehicle worth more than $10,000, a Class C felony, for which she received a four-year sentence as a Range I, standard offender. She contends that the evidence is insufficient to support her conviction and that the trial court erred by allowing the state to impeach her with a prior bad check conviction pursuant to Tenn. R. Evid. 609(b). We affirm the judgment of the trial court.

State of Tennessee v. Timothy Murrell
W2001-02279-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Donald H. Allen

The appellant (defendant), Timothy Murrell, was convicted by a Madison County jury of the offenses of possession of cocaine with the intent to sell, possession of cocaine with intent to deliver, and possession of drug paraphernalia. The two (2) felonious possession of cocaine convictions were merged. The trial court sentenced the defendant to twenty (20) years in the Department of Correction for these offenses and eleven months and twenty-nine days for the drug paraphernalia conviction. These sentences were to run concurrently for a total effective sentence of twenty years. In this appeal the defendant raises five issues for our review: (1) whether the evidence is sufficient to support the convictions for felonious possession of cocaine; (2) whether the trial court erred in declining to give the jury a missing witness instruction; (3) whether the trial court erred in allowing police officers to testify that the cocaine found in the defendant's possession was for re-sale; (4) whether the trial court erred in refusing to admit certain evidence for impeachment; and (5) whether the trial court erred in declining to apply a mitigating factor offered by the defendant at sentencing. After a thorough review of the record and applicable authorities, we find no reversible error. Therefore, the judgments of the trial court are affirmed.

Terrell Burgess v. State of Tennessee
W2002-00826-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Chris B. Craft

The petitioner, Terrell Burgess, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief from his guilty pleas to first degree felony murder, aggravated robbery, and two counts of aggravated assault and his resulting effective sentence of life plus ten years in the Department of Correction (DOC). He contends (1) that he received the ineffective assistance of counsel and (2) that his attorney coerced him into pleading guilty. We affirm the trial court's denial of the petition.

State of Tennessee v. William E. Eakes
M2001-01420-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Seth W. Norman

The Davidson County Grand Jury indicted the Defendant for one count of first degree felony murder and for one count of second degree murder. A Davidson County jury convicted the Defendant of both offenses. The trial court merged the second degree murder conviction into the felony murder conviction and sentenced the Defendant to life imprisonment. The Defendant now appeals, arguing that insufficient evidence was presented at trial to convict him of first degree felony murder and of second degree murder. Concluding that sufficient evidence was presented to convict the Defendant for felony murder and second degree murder, the judgment of the trial court is affirmed.

State of Tennessee v. James Stanley Beckman, Sr.
M2002-00401-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Lee Russell

The appellant, James Stanley Beckman, Sr., was indicted by the Bedford County Grand Jury on one count of theft over $10,000 in July 2001. After a jury trial, the defendant was convicted as a Range I offender, and sentenced to four years at thirty percent in the Tennessee Department of Correction. On January 4, 2002, the appellant filed a motion for a new trial which was denied on February 22, 2002. In this appeal, the appellant raises the issue of whether the evidence is sufficient for a conviction of theft of property over $10,000. After a review of this record we find that the evidence is sufficient. Accordingly, the judgment of the trial court is affirmed.

State of Tennessee v. Dennis R. Jenkins
M2002-01702-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge James K. Clayton, Jr.

The appellant, Dennis R. Jenkins, pled guilty in the Rutherford County Circuit Court to possession of methamphetamine, a Schedule II controlled substance, with intent to deliver. The trial court sentenced the appellant to three years to be served on probation and imposed a two thousand dollar ($2,000) fine. Pursuant to the plea agreement, the appellant reserved the right to appeal as a certified question of law the trial court's denial of his motion to suppress. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

State of Tennessee v. Leslie Brian Willis
M2001-00634-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge John H. Gasaway, III

Following the reversal of his first degree felony murder conviction due to insufficient evidence to support the predicate felony, the defendant, upon remand, was convicted by a jury of second degree murder. On this appeal, he raises the following issues: (1) Whether the evidence was sufficient to sustain a conviction for second degree murder; (2) Whether second degree murder is a lesser included offense of first degree felony murder; (3) Whether the trial court erred in allowing the State to recall witness William Alley during its case in chief; (4) Whether the trial court erred in allowing the testimony of TBI Agent Mike Breedlove, in violation of Tenn. R. Crim. P. 404(b), that the defendant threatened to break his neck; and (5) Whether the trial court erred in sentencing the defendant to the maximum twenty-five years. We affirm the defendant's conviction for second degree murder.

Steve Fritts v. Anderson County Election Commission, Et
E2003-00015-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: William E. Lantrip

First Presbyterian Church vs. Board of Equalization
E2003-00128-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Howell N. Peoples
Ms. Madeline D. Apple bequeathed her house to First Presbyterian Church of Chattanooga ("the Church") to be used for the temporary housing and convenience of the Church's missionaries. The Church filed a formal application with the Board of Equalization requesting the house be exempted from property taxation because it was used purely and exclusively for carrying out the Church's missionary work. The request for exemption was denied, a decision later upheld by an Administrative Law Judge and then by the Assessment Appeals Commission. The Church appealed the final decision of the Assessment Appeals Commission to the Hamilton County Chancery Court ("Trial Court"). After a hearing, the Trial Court concluded the house was not used purely and exclusively for religious purposes and denied an exemption. The Church appeals, and we affirm.

Joseph Lance Risner v. State of Tennessee
E2002-01112-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge James E. Beckner

The Appellant, Joseph Lance Risner, appeals from the dismissal of his petition for post-conviction relief. Pursuant to a "package deal" plea, Risner, along with five of his co-defendants, pled guilty to three counts of first degree murder, one count of attempted murder, two counts of especially aggravated kidnapping, two counts of kidnapping, and one count of class D felony theft. On appeal, Risner presents the following issues for our review: (1) whether his plea was knowingly and voluntarily entered; (2) whether he was denied the effective assistance of counsel; and (3) whether the indictment, which did not include the aggravating circumstances qualifying him for the death penalty violates Apprendi v. New Jersey, 530 U.S. 466, 120 S. Ct. 2348 (2000), and is, thus, unconstitutional. Finding no reversible error, we affirm the judgment of the Greene County Criminal Court.

Tom Henderson vs. City of Chattanooga
E2002-02165-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: W. Frank Brown, III
Five police officers employed by the Chattanooga Police Department were involved in a physical altercation with Torris Harris ("Harris") which ended with Harris' death. Harris allegedly had ties to the local Crips gang. Pursuant to the Public Records Act, a local news station requested photographs of these five officers as well as a sixth officer who had prepared the official police report. After the request was denied by the City of Chattanooga, the news station filed a petition seeking to compel production of the photographs. After a trial, the Trial Court concluded the photographs were "public records" and the undercover officer exemption found in the Public Records Act did not apply to these officers. The Trial Court also held that disclosing the photographs would not place the officers or their families at substantial risk of harm and, therefore, would not violate the officers' constitutional right to privacy. After ordering production of the photographs, the Trial Court refused to award attorney fees incurred by the successful petitioners. We affirm.

E2002-02474-COA-R3-CV
E2002-02474-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Jacqueline E. Schulten

John Hannah vs. Lindsay Russell
E2002-02475-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: Dale C. Workman

John Hannah vs. Lindsay Russell
E2002-02475-COA-R3-CV
Authoring Judge: Judge David Michael Swiney

State of Tennessee v. Angela E. Isabell
M2002-00584-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Robert E. Lee Davies

The appellant, Angela E. Isabell, was convicted by a jury in the Lewis County Circuit Court of three counts of the sale or delivery of controlled substances. The trial court imposed a total effective sentence of four years incarceration in the Tennessee Department of Correction. On appeal, the appellant contests her convictions for the "sale or delivery" of controlled substances and further complains about statements made during trial by the State and the State's witnesses. The State concedes that there is reversible error. Finding the appellant's argument to have merit, we reverse all three of the appellant's convictions and remand to the trial court for further proceedings.

State of Tennessee v. Kerry L. Dowell
M2002-00630-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Seth W. Norman

The defendant, Kerry L. Dowell, was convicted by a jury of kidnapping, car jacking, robbery, felony evasion of arrest, and misdemeanor evading arrest, and was sentenced to an effective twenty-four years in the Tennessee Department of Correction. On appeal, the defendant claims that the evidence was insufficient to support his conviction for kidnapping, car jacking, and Class D felony evading arrest; the trial court erred in failing to suppress a statement he made to the police; the trial court erred in failing to give a limiting instruction to the jury regarding the defendant's prior convictions; the trial court failed to properly instruct the jury on lesser-included offenses; and the trial court erred in sentencing the defendant consecutively on one of the counts. The Class D felony evading arrest conviction is reversed. We affirm all other judgments of the trial court.

State, ex rel. Stacy Anderson v. Stephen Taylor
M2001-02193-COA-R3-CV
Trial Court Judge: Betty Adams Green
This case involves retroactive child support payments. The child was born in 1990. A petition to establish paternity was filed in 1998. The father's paternity was established and the juvenile court referee entered a parentage order and set child support. The mother amended her petition to seek child support retroactive to the date of birth. The juvenile court referee awarded retroactive child support, but awarded only a portion of it to the mother, with the remainder to be placed in an educational trust fund for the benefit of the child. The juvenile court affirmed the decision of the juvenile court referee. The mother appeals. We affirm in part and reverse in part, finding no basis for the order that a portion of the retroactive support be paid into a trust fund.

Jason Craig DeMarcus v. State of Tennessee
M2002-01335-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Walter C. Kurtz

The petitioner appeals the denial of his petition for post-conviction relief from his convictions for attempted first degree murder and three counts of aggravated assault, one of which was merged with the attempted murder conviction. He argues that the trial court did not have jurisdiction to try the juvenile petitioner as an adult and that he received ineffective assistance of trial counsel. Based upon our review, we affirm the post-conviction court's denial of the petition.

Earl Junior Pike v. State of Tennessee
M2002-01363-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Cheryl A. Blackburn

The petitioner, Earl Junior Pike, appeals from the post-conviction court's denial of his petition for post-conviction relief, which alleged that his appointed trial counsel was ineffective for not allowing him to testify at trial. Following a hearing, the post-conviction court dismissed the petition, and we affirm.

Floyd W. Smith, II v. State of Tennessee
M2002-01933-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Don Ash

A Wilson County jury convicted the Petitioner of second degree murder. The trial court sentenced the Petitioner to twenty years in the Department of Correction. On direct appeal, the Petitioner's sole issue was that the twenty year sentence imposed by the trial court was excessive. This Court affirmed the trial court's twenty-year sentence. The Petitioner then filed a petition for post-conviction relief, alleging that he was denied effective assistance of counsel at trial and on appeal. The post-conviction court found that Petitioner failed to present clear and convincing evidence to support his claims and dismissed the petition. The Petitioner now appeals, arguing that the post-conviction court erred in denying post-conviction relief based on ineffective assistance of counsel and flaws in the voir dire. Finding no error, we affirm the judgment of the post-conviction court.