State of Tennessee v. Charles P. Grigsby
02C01-9507-CR-00184
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge John P. Colton, Jr.

The appellant, Charles P. Grigsby, entered an Alford plea to one count of aggravated burglary in the Shelby County Criminal Court and received, pursuant to a plea agreement, a sentence of eight years as a range II offender. The manner of service of the appellant’s sentence was submitted to the trial court for its determination. Following the sentencing hearing, the trial court denied the appellant’s request for an alternative sentence and ordered that his sentence be served in the Department of Correction. The appellant appeals this sentencing decision, specifically contending that the trial court erred by failing to impose a sentence under the Community Corrections Act.  After a review of the record, we affirm the judgment of the trial court.

Jerome Sydney Barrett v. State of Tennessee
02C01-9508-CC-00233
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge Joe G. Riley. Jr.

The petitioner appeals the trial court's denial of his petition for a writ of habeas corpus. There was no evidentiary hearing. While the petitioner submits an extensive brief outlining a number of issues, we have summarized his claims as follows:

(1) whether the trial court erred when it determined that sentence reform legislation adopted in 1979 and 1989 did not apply to petitioner's sentence;

(2) whether the subsequent sentence reform acts deny petitioner equal protection under the law and due process of the law;

(3) whether the petitioner's sentence is cruel and unusual punishment;

(4) whether the trial court erred by not appointing counsel to represent the petitioner during this habeas corpus proceeding;

(5) whether the trial court erred by not allowing the petitioner an evidentiary hearing on this petition; and

(6) whether the trial court erred by determining that it did not have jurisdiction to alter the petitioner's sentence in a habeas corpus proceeding.

We affirm the judgment of the trial court.

State of Tennessee v. Perry A. Cribbs
02C01-9508-CR-00211
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge W. Fred Axley

The defendant, Perry A. Cribbs, was convicted of premeditated first degree murder, first degree murder during the perpetration of an aggravated burglary, first degree murder during the perpetration of aggravated robbery, aggravated burglary, and attempted first degree murder. The death penalty verdicts were based upon two of the aggravating circumstances prescribed by statute:

(1) the defendant was previously convicted of one or more felonies, other than the present charge, whose statutory elements involve the use of violence to the person; and

(2) the murder was committed while the defendant was engaged in committing a burglary.

State of Tennessee v. Solomon Akins - Order
02C01-9509-CC-00250
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Joe G. Riley

This is an appeal as of right pursuant to Tenn. R. App. P. 3. On January 26, 1995, Appellant was convicted by a jury of five counts of selling less than .5 grams of cocaine. As a Range II offender, Appellant received a sentence of eight years and six months for each count. All five of these sentences were concurrent to each other, but consecutive to two previous convictions he was serving on probation. In this appeal Appellant alleges the evidence is insufficient to support the verdicts, and that his sentence is excessive. Having reviewed the record in this matter we are of the opinion that the convictions and sentence are fully supported by the law and evidence and that this matter should be affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals.

State of Tennessee v. Keeta Burden - Order
02C01-9509-CC-00267
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge W. Michael Maloan

This is an appeal as of right from the judgment of the Circuit Court of Obion County, granting Appellant’s motion to modify her sentence, but denying her full probation. See, Tenn. R. Crim. P. 35. Appellant was convicted upon a plea of guilty of the offense of theft of property in excess of $60,000, a Class B felony.  Her original sentence, imposed April 17, 1995, was to a term of eight years in the Department of Correction as a Range I standard offender. The sentence was suspended except for one year which Appellant was ordered to serve in the Obion County Jail. A probationary period was imposed for the balance of the term and restitution ordered as a condition thereof.

State of Tennessee v. Elton Donald Bowers a/k/a Rashid Qawwi
02C01-9509-CC-00282
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge John Franklin Murchison

The defendant, Elton Donald Bowers, also known as Rashid Qawwi, was convicted of aggravated robbery and possession of a weapon with the intent to employ in the commission of the robbery. Tenn. Code Ann. § 39-13-402 and Tenn. Code Ann. § 39-17-307. The trial court ordered the weapons conviction merged with the aggravated robbery, classified the defendant as a career offender, and imposed a thirty-year sentence.

State of Tennessee v. Michael Bellew
02C01-9510-CC-00324
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Julian P. Guinn

Appellant Michael Bellew pled guilty in the Henry County Circuit Court to operating a motor vehicle in violation of the Motor Vehicle Habitual Offenders Act. As a Range I standard offender, Appellant received a sentence of two years in the Tennessee Department of Correction. In this direct appeal, he presents the following issue: whether his sentence is excessive.  After a review of the record, we affirm the judgment of the trial court.

Willie Claybrook v. State of Tennessee
02C01-9511-CC-00346
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge Dick Jerman, Jr.

The petitioner, Willie Claybrook, appeals the trial court's denial of post-conviction relief. In this appeal of right, two issues are presented for our review: (1) whether the petitioner was denied effective assistance of counsel; and (2) whether the trial court's order denying relief met the minimum statutory requirements. 
We affirm the judgment of the trial court.

State of Tennessee v. Timothy Adams, a/k/a Skinny Rock
02C01-9512-CC-00376
Authoring Judge: Special Judge Cornelia A. Clark
Trial Court Judge: Judge William B. Acree, Jr.

The Defendant appeals to this court as of right from a judgment entered on a Weakley County jury verdict convicting him of attempt to commit first degree murder and aggravated assault. The defendant presents four issues for review: (1) that the evidence was insufficient to support a guilty verdict for attempt to commit first degree murder; (2) that principles of double jeopardy prohibit his conviction for both attempt to commit first degree murder and aggravated assault; (3) that the twenty-five year sentence for attempt to commit first degree murder is excessive; and (4) that the court erred in ordering the sentences to be served consecutively to four prior sentences of incarceration.   After review of the record, we affirm in part and reverse in part the trial court’s decision.

State of Tennessee v. James Edward Armstrong
02C01-9603-CC-00087
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Julian P. Guinn

Defendant Armstrong appeals as of right from a jury verdict of guilty for the sale of a Schedule II controlled substance (cocaine). Sentenced as a Range I standard offender, Armstrong received thirty-seven (37) months in the Tennessee Department of Correction and was fined $2,000. The sole issue for review is whether the evidence is sufficient to sustain Armstrong’s conviction. We affirm the judgment of the trial court.

Robert Glen Coe v. State of Tennessee - Order
02C01-9606-CR-00200
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge John P. Colton

Appellant, Robert Glen Coe, appeals from the dismissal of his third post-conviction relief petition. He has been convicted of first degree murder, aggravated rape, and aggravated kidnaping. He was sentenced to death for first degree murder and received two sentences of life imprisonment for the other charges. Coe contends the trial court erred in dismissing his petition and presents to this Court the following issues for review:

(1) whether the state withheld exculpatory evidence and presented misleading testimony;

(2) whether the use of the felony-murder aggravating circumstance rendered the death penalty unconstitutional;

(3) whether the jury instruction defining “reasonable doubt” was unconstitutional;

(4) whether the jury instruction on first degree murder omitted an essential element of the offense;

(5) whether he was denied the fundamental right to a unanimous jury verdict;

(6) whether the jury instruction on expert testimony was unconstitutional;

(7) whether the jury was unconstitutionally instructed on the effect of a verdict of not guilty by reason of insanity;

(8) whether the jury instructions precluded full consideration of the defense of insanity;

(9) whether the failure to instruct the jury about eligibility for parole was unconstitutional;

(10) whether the jury instructions erroneously omitted information about the effect of a non-unanimous verdict;

(11) whether he was denied effective review of the death sentence;

(12) whether he was denied effective assistance of counsel at trial and on appeal, including the denial of entitlement to investigative funds;

(13) whether electrocution constitutes cruel and unusual punishment;

(14) whether he was unconstitutionally precluded from consulting with counsel during trial;

(15) whether the death sentence unconstitutionally infringes upon his fundamental right to life; and

(16) whether he was arrested without probable cause.

We affirm the dismissal of the petition.

State of Tennessee v. Timothy Wade Hall, Sr.
02C01-9607-CC-00211
Authoring Judge: Judge John H. Peay
Trial Court Judge: Judge Franklin Murchison

The defendant was convicted by a jury of attempt to commit second-degree murder and aggravated assault. After a hearing, he was sentenced to twelve years on the attempt offense and eight years on the assault offense, to run concurrently. In this appeal as of right, the defendant argues that his two convictions must be merged; that the trial court erred in denying his motion for mistrial; and that his sentence is excessive.  Finding merit in the first of these issues, we reverse and dismiss the defendant’s conviction for aggravated assault. We otherwise affirm the judgment below.

James Lee Blair v. State of Tennessee - Order
02C01-9610-CC-00339
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Presiding Judge Joe B. Jones

This matter is before the Court upon the state’s motion to affirm the judgment of the trial court under Rule 20, Rules of the Court of Criminal Appeals. The case before this Court represents an appeal from the trial court’s denial of the petitioner’s petition for writ of habeas corpus. The record was filed on October 3, 1996, and the petitioner filed his brief on October 24, 1996. The petitioner was originally indicted for aggravated rape in January 1981, and was convicted of the same in May 1981. In the present appeal, the petitioner, relying in part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged.

Dural Alston v. State of Tennessee - Order
02C01-9610-CC-00341
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Presiding Judge Joe B. Jones

This matter is before the Court upon the state’s motion to affirm the judgment of the trial court under Rule 20, Rules of the Court of Criminal Appeals. The case before this Court represents an appeal from the trial court’s denial of the petitioner’s petition for writ of habeas corpus. The record was filed on October 3, 1996, and the petitioner filed his brief on October 29, 1996. The petitioner was originally indicted for robbery with a deadly weapon in January 1989, and the petitioner pled guilty to the same in May 1989. In the present appeal, the petitioner, relying in part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged.

Terry L. Bomar v. State of Tennessee - Order
02C01-9610-CC-00347
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Presiding Judge Joe B. Jones

This matter is before the Court upon the state’s motion to affirm the judgment of the trial court under Rule 20, Rules of the Court of Criminal Appeals. The case before this Court represents an appeal from the trial court’s denial of the petitioner’s petition for writ of habeas corpus. The record was filed on October 3, 1996, and the petitioner filed his brief on October 21, 1996. The petitioner was originally indicted on eight counts of aggravated rape and one count of rape in May 1984, and was convicted of rape in October 1984. In the present appeal, the petitioner, relying in part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged.

Terry Dale Brewer v. State of Tennessee - Order
02C01-9611-CC-00401
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Presiding Judge Joe B. Jones

This matter is before the Court upon the state’s motion to affirm the judgment of the trial court under Rule 20, Rules of the Court of Criminal Appeals. The case before this Court represents an appeal from the trial court’s denial of the petitioner’s petition for writ of habeas corpus. The record was filed on November 12, 1996, and the petitioner filed his brief on November 15, 1996. The petitioner was originally indicted on one count of aggravated rape, one count of incest, and two counts of aggravated sexual battery in June 1989, and was convicted of the same in October 1989. In the present appeal, the petitioner, relying in part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged.

Andrea Jones v. State of Tennessee - Order
02C01-9611-CC-00406
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Presiding Judge Joe B. Jones

This matter is before the Court upon the state’s motion to affirm the judgment of the trial court under Rule 20, Rules of the Court of Criminal Appeals. The case before this Court represents an appeal from the trial court’s denial of the petitioner’s petition for writ of habeas corpus. The record was filed on November 13, 1996, and the petitioner filed his brief on December 3, 1996. The petitioner was originally indicted on one count each of aggravated rape and aggravated kidnapping in September 1986, for which the petitioner was subsequently convicted. In the present appeal, the petitioner, relying in part upon State v. Roger Dale Hill, No. 01C01-9508- CC-00267 (Tenn. Crim. App. June 20, 1996), contends the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged.

State of Tennessee v. Billy Joe Harris
02C01-9508-CC-00236
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Judge William B. Acree, Jr.

The appellant, Billy Joe Harris, appeals as of right from a judgment of the trial court summarily dismissing his motion for a new trial. The appellant claimed he was entitled to a new trial due to newly discovered evidence. The trial court found the motion was not timely filed pursuant to the Tennessee Rules of Criminal Procedure. The appellant was tried and convicted on April 27, 1989. His motion for a new trial was denied. This Court affirmed his conviction and sentence, and the Supreme Court also affirmed the sentence. He subsequently instituted four suits for post-conviction relief. All four suits were denied at every stage of the proceedings. The present motion was filed June 26, 1995 as a separate action.  After a thorough review of the record, the briefs of the parties, and the law governing the issue presented for review, it is the opinion of this Court the judgment of the trial court should be affirmed.

State of Tennessee v. Bobby Baker
02C01-9511-CC-00347
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Judge Joseph H. Walker, III

The appellant, Bobby Baker, was convicted of aggravated rape, a Class A felony, and aggravated burglary, a Class C felony, by a jury of his peers. The trial court, finding that the appellant was a multiple offender in the aggravated rape case, imposed a Range II sentence consisting of confinement for thirty-five (35) years in the Department of Correction. The trial court further found that the appellant was a persistent offender in the aggravated burglary case and imposed a Range III sentence consisting of confinement for twelve (12) years in the Department of Correction. The sentences are to be served consecutively. The effective sentence imposed was confinement for forty-seven (47) years in the Department of Correction. The appellant presents eleven issues for review. After a thorough review of the record, the briefs of the parties, and the authorities which govern the issues raised by the appellant, it is the opinion of this Court that the judgment of the trial court should be affirmed.

State of Tennessee v. Richard Wayne Otey
01C01-9409-CC-00316
Authoring Judge: Presiding Judge Jerry Scott
Trial Court Judge: Judge Cornelia A. Clark

The appellant, Richard Wayne Otey, appeals as of right from a judgment entered in the Circuit Court of Williamson County, finding him guilty of aggravated assault in violation of Tenn. Code Ann. § 39-13-102(a). Following a sentencing hearing, the trial judge sentenced the appellant to ten years in the Department of Correction as a Range II, multiple offender, to be served consecutively to a sentence for which the appellant was on parole at the time of the offense at issue in this case.

State of Tennessee v. James Polk
01C01-9410-CC-00369
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Jim T. Hamilton

The appellant, James Polk, appeals from a conviction for aggravated robbery entered in the Circuit Court of Maury County. The appellant contends that the trial court should have ordered a new trial pursuant to Rule 33(f) of the Tennessee Rules of Criminal Procedure.  After a review of the record, we affirm the judgment of the trial court.

State of Tennessee v. Charles Edward Meeks
01C01-9506-CC-00170
Authoring Judge: Judge John H. Peay
Trial Court Judge: Judge Thomas W. Graham

The defendant, Charles Edward Meeks, was indicted for first-degree murder. The jury found him guilty as charged and he was sentenced to life imprisonment.  He has appealed as of right, raising for review the trial court's instructions to the jury and the State's conduct during closing argument. We find the defendant's issues are without merit and affirm the judgment of the trial court.

State of Tennessee v. Maurice Lashaun Nash
W2007-00321-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Joseph H. Walker, III

The Appellant, Maurice Lashaun Nash, appeals the sentencing decision of the Tipton County Circuit Court. Under the terms of a plea agreement, Nash entered guilty pleas to six felonies and one misdemeanor and received an effective ten-year sentence. The agreement provided that the ten-year sentence would run consecutively to an effective ten-year sentence which Nash was serving at the time of sentencing. The terms of the plea agreement also provided that the manner of service of the ten-year sentence would be determined by the trial court. Following a sentencing hearing, the trial court denied Nash’s request for alternative sentencing, which Nash now asserts was error. After review, the judgments of the trial court are affirmed.

Nina Louise James Bumpus v. Scott Michael Bumpus
W2007-00395-COA-R3-CV
Authoring Judge: Judge Alan E. Highers
Trial Court Judge: Chancellor Ron E. Harmon

This appeal involves a change in child custody and a petition for contempt. When the parties divorced, they agreed upon a parenting plan providing that Mother would have primary custody of their two sons. Less than a year later, Father filed a petition to modify the parenting plan, seeking primary custody. Mother filed a counter-petition, also seeking modification of the parenting plan. She also filed a petition to cite Father in contempt. Since the divorce, Mother had become pregnant by another man, and she did not tell the child’s father that the child was born. Mother also lied to Father and others about the circumstances surrounding the child’s birth. Mother had remained unemployed since the divorce, and her only source of monthly income was child support from Father for his two sons. The parties’ oldest son was doing poorly in school and was frequently tardy or absent. The trial court found that a material change in circumstances had occurred, and that it was in the best interest of the children for Father to have primary custody. The court also found that Father’s actions did not rise to the level of contempt. Mother appeals, challenging the trial court’s decision to change custody, its refusal to find Father in contempt, and other procedural issues. Finding no error, we affirm.

State of Tennessee v. Brandon Thomas
M2007-00440-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Larry B. Stanley, Jr.

The defendant, Brandon D. Thomas, was convicted of one count of resisting arrest, a Class B misdemeanor; and three drug offenses including possession with intent to sell a Schedule II controlled substance (cocaine), a Class B felony; possession with intent to sell a Schedule III controlled substance (dihydrocodeinone), a Class D felony; and simple possession of marijuana, a Class A misdemeanor. He was sentenced to ten years in the Tennessee Department of Correction for the cocaine offense, eleven months and twenty-nine days on each of the other drug offenses and six months for the conviction for resisting arrest, with all the sentences to run concurrently for a total effective sentence of ten years as a Range I, standard offender. On appeal, he argues that the evidence was insufficient to support his cocaine conviction and that he was sentenced improperly. After careful review, we find that the defendant was sentenced improperly but not for the issues on which he appeals. The sentence of eleven months and twenty-nine days for the Class D felony conviction is illegal because the minimum sentence for a Class D felony is two years. We remand to the trial court for entry of a corrected judgment reflecting the minimum sentence and affirm the trial court as to the other raised issues.