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| State vs. Jeffrey Dwight Whaley
E2000-00646-CCA-R3-CD
The trial court dismissed defendant's DUI presentment, finding a denial of the right to a preliminary hearing. Upon the state's appeal, we find no evidence of bad faith by the state. Accordingly, we reverse and remand to the trial court for further proceedings consistent with this opinion.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 11/22/00 | |
| State vs. Vance Shelton
E2000-01632-CCA-R3-CD
Defendant was convicted of rape of a child and aggravated sexual battery. The defendant was sentenced to twenty-five years for rape of a child and twelve years for aggravated sexual battery, to run consecutively to each other and consecutively to a prior four-year sentence. In this appeal, the defendant makes the following allegations: (1) the evidence was insufficient to support his convictions; (2) the trial court erred in failing to grant a mistrial due to a variance between the indictment and the state's proof at trial; (3) the trial court erred in ruling his prior convictions for arson would be admissible if he testified; and (4) his sentences are excessive. Upon our review of the record, we remand for modification of the judgment for aggravated sexual battery to reflect the proper date of the offense, but affirm the judgments in all other respects.
Authoring Judge: Judge Joe G. Riley
Originating Judge:James E. Beckner |
Greene County | Court of Criminal Appeals | 11/22/00 | |
| Alvin Vonner vs. State
M2000-00566-CCA-R3-CD
The petitioner, Alvin Vonner, appeals the Hickman County Circuit Court's summary dismissal of his petition for habeas corpus relief and alleges that his 60 year second degree murder sentence has expired. Because the record fails to establish that the sentence has expired, we affirm the dismissal of the petition.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Timothy L. Easter |
Hickman County | Court of Criminal Appeals | 11/22/00 | |
| Darrick Edwards vs. State
E1999-01204-CCA-R3-PC
The petitioner, Darrick Edwards, appeals the trial court's denial of his petition for post-conviction relief. Because the petitioner was provided the effective assistance of counsel and knowingly and voluntarily entered his pleas of guilt to first degree murder, conspiracy to commit first degree murder, aggravated robbery, and conspiracy to commit aggravated robbery, the judgment is affirmed.
Authoring Judge: Judge Gary R Wade
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 11/22/00 | |
| State vs. Danny Harold Ogle
E2000-00421-CCA-R3-CD
Defendant entered a best interest plea of guilty to vehicular homicide by recklessness. The plea attempted to reserve a certified question of law relating to the destruction of evidence; namely, the victim's vehicle. Specifically, defendant contends the destruction of the vehicle while it was under state control deprived him of due process, and the trial court should have dismissed the indictment. Upon our review of the record, we conclude that we have no jurisdiction to address the certified question. The appeal is dismissed.
Authoring Judge: Judge Joe G. Riley
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Sevier County | Court of Criminal Appeals | 11/22/00 | |
| State vs. DeWayne Greene
E1999-01288-CCA-R3-CD
Defendant, Dewayne Greene, was convicted by a guilty plea of simple assault, resisting arrest, evading arrest, and reckless endangerment in Hamblen County Circuit Court. The trial court sentenced Defendant to eleven months and twenty-nine days, with three-hundred days to be served in confinement. Defendant was also indicted by the Jefferson County Grand Jury for two counts of aggravated assault arising from incidents involving the same victim as those which generated the Hamblen County indictments. Defendant pled guilty in the Jefferson County Circuit Court with the condition that the trial court "reserve an entry of conviction" until the court heard Defendant's motion to dismiss on grounds of double jeopardy. After the trial court heard and denied Defendant's motion, it sentenced Defendant as a Range I offender to concurrent terms of six years for each count of aggravated assault. In this appeal, Defendant argues that (1) double jeopardy bars the Jefferson County convictions because Defendant's previous Hamblen County convictions were based upon the same conduct, and (2) Defendant's sentence for the aggravated assault convictions is excessive. After a thorough review of the record, we find that only Defendant's sentencing issue is properly before this Court. Defendant failed to properly reserve the double jeopardy issue as a certified question of law for appellate review. We affirm the sentence of six years for count 1 and reduce the sentence for count 2 to five years; the total effective sentence remains at six years.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:O. Duane Slone |
Jefferson County | Court of Criminal Appeals | 11/22/00 | |
| State of Tennessee v. Harold L. Green
E2000-00616-CCA-R10-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 11/22/00 | |
| State vs. Ernest B. Eady
E2000-00722-CCA-R3-CD
The defendant appeals from his conviction for second degree murder, contesting the sufficiency of the evidence, the timeliness of the state's disclosure of a potentially exculpatory witness, and the trial court's failure to declare a mistrial. We affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 11/22/00 | |
| State vs. Deborah Graham & Denice Smith
E1999-02248-CCA-R3-CD
After a jury trial, a Cocke County jury found the Defendants, Deborah Graham and Denice Smith, guilty of the first degree murder of Aaron Smith. Following a sentencing hearing, the trial court sentenced both Defendants to life imprisonment with the possibility of parole. In this appeal as of right, the Defendants raise the following issues: 1) whether the trial court erred in not dismissing the indictments because of the State's failure to provide the Defendants with a speedy trial; 2) whether the trial court erred by allowing the State to decide not to consolidate Alexandro Rivera's case with the Defendants' case, because of a potential Bruton problem, without first granting the Defendants an opportunity to be heard on the issue; 3) whether the trial court erred in failing to sever Defendant Smith's case from Defendant Graham's case; 4) whether the trial court erred in consolidating Defendant Graham's case with Defendant Smith's case; and 5) whether the evidence was sufficient to convict each of the Defendants of first degree murder. After a thorough review of the evidence and the applicable law, we affirm the decision of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Rex H. Ogle |
Cocke County | Court of Criminal Appeals | 11/22/00 | |
| State vs. Sonya Gosnell & Bronzo Gosnell, Jr .
E1999-00603-CCA-R3-CD
A jury convicted both defendants of second degree murder. Bronzo Gosnell and Sonya Gosnell were sentenced to 25 years and 20 years, respectively. In this appeal as a matter of right, both defendants challenge the introduction of recorded conversations made while detained in a police cruiser. Sonya Gosnell further challenges the introduction of certain pretrial statements, the administration of a polygraph examination, the denial of her motion for severance, and the denial of expert assistance. Bronzo Gosnell further challenges the trial court's limitation of his cross-examination of a witness and his maximum sentence of 25 years. Our review of the issues presented by the defendants reflects no reversible error. Accordingly, we affirm the judgments of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:James E. Beckner |
Greene County | Court of Criminal Appeals | 11/21/00 | |
| State vs. Leon Hurd
E1999-01341-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 11/21/00 | |
| State vs. Homer L. Evans
E2000-00069-CCA-R3-CD
The defendant appeals from the trial court's denial of alternative sentencing. We affirm the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:E. Shayne Sexton |
Campbell County | Court of Criminal Appeals | 11/21/00 | |
| State vs. Leon Hurd
E1999-01341-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 11/21/00 | |
| State vs. Deandrade Phillips
E2000-00153-CCA-R3-CD
The defendant appeals from his conviction for selling less than one-half gram of cocaine, contesting the sufficiency of the evidence, the trial court's restrictions of his examinations of witnesses, the trial court's failure to require the state to elect the offense for which it sought a conviction, and the jury instructions. We affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 11/21/00 | |
| State vs. Sean Imfeld
E2000-00094-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 11/21/00 | |
| State vs. Sean Imfeld
E2000-00094-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 11/21/00 | |
| State vs. Tracie Kirkland
E1999-01344-CCA-R3-CD
Defendant was convicted by a Monroe County jury of first degree premeditated murder and given a life sentence. In this appeal, defendant makes the following allegations of error: (1) the evidence was insufficient to sustain her conviction; (2) the trial court erred in denying a continuance; (3) the trial court improperly charged the jury on criminal responsibility for the conduct of another; and (4) the trial court erred in refusing to grant a new trial based upon newly discovered evidence. Upon our review of the record, we conclude the evidence was not sufficient to support a conviction for first degree premeditated murder, and defendant's sentence should be reduced to second degree murder. The other allegations of error are without merit. Therefore, the judgment of the trial court is modified to reflect a conviction for second degree murder, and the case is remanded to the trial court for a new sentencing hearing.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Carroll L. Ross |
Monroe County | Court of Criminal Appeals | 11/21/00 | |
| State vs. Thomas E. Davenport and John Simmons
M2000-00317-CCA-R3-CD
Both defendants were convicted by a Williamson County jury of selling more than 0.5 grams of cocaine, a Class B felony. Both defendants were sentenced as Range II, multiple offenders. Defendant Simmons received a sixteen-year sentence, and defendant Davenport received a fifteen-year sentence. In this direct appeal, both defendants challenge (1) the sufficiency of the evidence, and (2) the length and manner of service of their sentences. Simmons further raises the following issues: (1) whether he was denied a speedy trial; (2) whether the trial court erred in denying his motion to dismiss due to the absence of proper signatures on the indictment; and (3) whether the trial court erred in failing to require the state to elect an offense upon which to proceed. Additionally, Davenport makes the following allegations: (1) the trial court erred in allowing portions of the audio taped drug transaction to be presented to the jury; (2) the trial court erred in ruling his prior convictions were admissible under Tenn. R. Evid. 609; and (3) the trial court erred in denying his motion for a mistrial when the informant referred to Davenport's offering her a crack pipe. Based upon a review of the record, we affirm the judgment of the trial court as it relates to defendant Simmons; however, we reverse defendant Davenport's conviction for the sale of cocaine and reduce it to simple possession of cocaine. We remand to the trial court to re-sentence defendant Davenport.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 11/17/00 | |
| State vs. Timothy Tyrone Sanders
M2000-00603-CCA-R3-CD
The Appellant, Timothy Tyrone Sanders, was convicted by a Bedford County jury of possession of more than .5 grams of cocaine with intent to sell. The Appellant was sentenced to seventeen years six months as a range II offender. On appeal, he raises the following issues: (1) whether the evidence was sufficient to support the verdict; (2) whether the trial court erred by not instructing the jury on the lesser-included offense of simple possession; and (3) whether the trial court improperly sentenced the Appellant. After review, we conclude that the trial court erred in not instructing the jury on simple possession. Accordingly, we reverse and remand for a new trial.
Authoring Judge: Judge David G. Hayes
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 11/15/00 | |
| State vs. Gregory Lynn Redden
M2000-00988-CCA-R3-CD
The Appellant, Gregory Lynn Redden, was convicted by a Robertson County jury of burglary, theft of property over $1,000, and criminal impersonation. He received concurrent sentences of twelve years for burglary, twelve years for theft of property, and six months for criminal impersonation. On appeal, the Appellant raises the following three issues for our review: (1) whether the evidence was sufficient to support the verdict; (2) whether the trial court erred in not excusing two jurors for cause during voir dire; and (3) whether the trial court erred by allowing the statement of the Appellant's confession into evidence. After review, we find no error and affirm the judgment.
Authoring Judge: Judge David G. Hayes
Originating Judge:Robert W. Wedemeyer |
Robertson County | Court of Criminal Appeals | 11/15/00 | |
| State of Tennessee v. Mark A. Scarborough
M2000-01359-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Originating Judge:Timothy L. Easter |
Hickman County | Court of Criminal Appeals | 11/15/00 | |
| Archie Lee Roberts vs. State
M1999-02462-CCA-R3-PC
The petitioner, Archie Lee Roberts, was found guilty by a jury in the DeKalb County Criminal Court of one count of first degree murder, for which he received a life sentence, and one count of attempted first degree murder, for which he received a sentence of twenty years incarceration. On direct appeal, we affirmed the petitioner's convictions. Subsequently, the petitioner filed a petition for post-conviction relief alleging ineffective assistance of counsel, which petition was denied by the post-conviction court. On appeal, the petitioner raises the following issue for our review: whether the post-conviction court erred in denying his claim for relief. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Leon C. Burns, Jr. |
DeKalb County | Court of Criminal Appeals | 11/15/00 | |
| State of Tennesse v. Michael Herndon
M2000-01080-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Criminal Appeals | 11/15/00 | |
| State vs. Curtis Emery Duke
M2000-00350-CCA-R3-CD
The appellant, Curtis Emery Duke, was convicted in the Marshall County Circuit Court of two counts of the sale of crack cocaine, one count of possession of crack cocaine with the intent to sell, two counts of criminal impersonation, and one count of failure to appear. The trial court sentenced the appellant to a total effective sentence of thirty-nine years. On appeal, the appellant raises the following issues for our review: (1) whether the evidence presented at trial was sufficient to sustain the appellant's convictions; (2) whether the trial court erred in failing to instruct the jury on the lesser-included offense of simple possession; and (3) whether the trial court erred in sentencing the appellant. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court as modified.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:William Charles Lee |
Marshall County | Court of Criminal Appeals | 11/15/00 | |
| State vs. Harold Bayuk
M2000-01654-CCA-R3-CD
The Appellant, Harold M. Bayuk, was convicted by a Hickman County Circuit Court jury of one count of driving under the influence of an intoxicant and one count of driving on a revoked license. Following his conviction for DUI, the Appellant waived his right to jury sentencing and agreed to submit the issue of enhanced punishment to the trial court. The trial court found the Appellant guilty of DUI, third offense, and sentenced him to eleven months twenty-nine days, with 150 days to be served in confinement. On appeal, the Appellant argues that the trial court erred in sentencing him to serve 150 days instead of the statutory minimum of 120 days. After review, we affirm the judgment of the trial court in part, vacate in part, and remand this case to the trial court for entry of an amended judgment of conviction.
Authoring Judge: Judge David G. Hayes
Originating Judge:Timothy L. Easter |
Hickman County | Court of Criminal Appeals | 11/15/00 |