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| 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 | |
| Michael Carlton Bailey vs. State
M1999-01065-CCA-R3-PC
The appellant, Michael Carlton Bailey, appeals from the trial court's denial of his petition for post-conviction relief. On appeal, the appellant challenges the trial court's determination that (1) he received the effective assistance of counsel, and (2) that he was not denied due process by the alleged violation of Tennessee Rule of Evidence 615 by two State witnesses.
Authoring Judge: Judge Jerry Smith
Originating Judge:Robert E. Burch |
Dickson County | Court of Criminal Appeals | 11/14/00 | |
| State vs. G'dongalay Berry and Christopher Davis
M1999-00824-CCA-R3-CD
A jury convicted the defendants of first degree murder in the shooting death of Adrian Dickerson. For this offense, the defendants received life sentences. They now appeal their convictions bringing three issues each. More specifically, G'dongalay Berry contends (1) that the trial court erred by not granting his request for a severance while allowing testimony concerning Berry's co-defendant's solicitation of a witness to commit a separate murder four months after this event; (2) that the uncorroborated testimony of accomplices is insufficient to sustain his conviction; and, similarly, (3) that the evidence presented is "insufficient, as a matter of law, for a rational trier of fact to find the defendant guilty of first degree murder." In addition, Christopher Davis alleges (1) that the trial court committed prejudicial error by allowing testimony concerning gang activity and membership; (2) that the trial court's admission of testimony regarding Davis' aforementioned solicitation to commit murder four months after this crime occurred constituted prejudicial error; and, (3) that should this court deem these alleged errors harmless individually, the cumulative effect of such mistakes deprived him of due process by making the trial fundamentally unfair. Having reviewed all of these issues and finding that none provide a basis for relief to either defendant, we affirm the trial court's judgment.
Authoring Judge: Judge Jerry Smith
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 11/14/00 | |
| William Floyd vs. State
M2000-00318-CCA-R3-CD
William Floyd appeals the dismissal of his petition for post-conviction relief. In 1998, Floyd pled guilty to two counts of rape and, under the terms of his plea agreement, was sentenced to twenty years imprisonment. In his petition for post-conviction relief, Floyd contends that his guilty pleas are involuntary because on the date his pleas were entered he was under the influence of prescribed psychotropic drugs. The petition was dismissed by the post-conviction court and this appeal follows. Finding that the evidence in the record does not support Floyd's claim, we affirm the lower court's dismissal.
Authoring Judge: Judge David G. Hayes
Originating Judge:J. S. Daniel |
Cannon County | Court of Criminal Appeals | 11/14/00 | |
| State vs. Keith Slater
M2000-00486-CCA-R3-CD
Following a confession, Keith Slater, the Defendant and Appellant, was indicted by a Giles County Grand Jury for premeditated first-degree murder. The Defendant moved to suppress his confession, but the trial court denied his motion. The Defendant was then tried, convicted and sentenced to life in prison. The Defendant appealed that conviction, and a panel of this Court remanded the case to the trial court for another suppression hearing. The trial court held that hearing and again dismissed the Defendant's suppression motion. Because the evidence does not preponderate against the trial court's findings, we affirm its judgment.
Authoring Judge: Judge Jerry Smith
Originating Judge:Jim T. Hamilton |
Giles County | Court of Criminal Appeals | 11/14/00 | |
| State vs. Stephen T. Mays a/k/a Stephen T. Mayes
M2000-00602-CCA-R3-CD
The Appellant, Stephen T. Mays, pled guilty to two counts of theft of property over $10,000 and received two concurrent five-year sentences. Following a sentencing hearing, the trial court imposed split confinement sentences and ordered the Appellant to serve a ninety-day period of confinement. The court also ordered restitution with scheduled payments over a ten-year period. On appeal, the Appellant argues (1) that the trial court erred in failing to grant the Appellant's request for total probation; and (2) that the trial court improperly established restitution. After review, the judgment of the Davidson County Criminal Court is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 11/14/00 | |
| State vs. Anterrian Jutiki Gunn
M1999-02140-CCA-R3-CD
The State of Tennessee appeals from the trial court grant of the defendant's, Anterrian Juitiki Gunn, motion to suppress. We reverse the trial judge's decision and remand pursuant to Tennessee Rule of Criminal Procedure 12 (e) for a determination of the essential facts necessary to determine the propriety of the trial court's granting of the defendant's motion to suppress.
Authoring Judge: Judge Jerry Smith
Originating Judge:John H. Gasaway, III |
Robertson County | Court of Criminal Appeals | 11/14/00 | |
| State vs. William "Butch" Osepczuk
M1999-00846-CCA-R3-CD
William Osepczuk was convicted of criminal attempt to commit first degree murder and was sentenced to twenty-five years in the Department of Correction. He now appeals his conviction challenging the sufficiency of the convicting evidence based upon the non credible testimony of the victim and the erroneous admission of non relevant physical evidence. Finding the proof more than sufficient to support his conviction, we affirm the judgment of the trial court.
Authoring Judge: Judge David G. Hayes
Originating Judge:Stella L. Hargrove |
Lawrence County | Court of Criminal Appeals | 11/14/00 | |
| State vs. William Clouse
M2000-00436-CCA-R9-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:J. Richard Mcgregor |
Van Buren County | Court of Criminal Appeals | 11/14/00 | |
| State vs. Randal L. Cheek
M2000-00203-CCA-R3-CD
This appeal presents review of a certified question of law following the Appellant's guilty pleas to possession of marijuana with intent to sell and possession of drug paraphernalia. Pursuant to his negotiated plea agreement, the court imposed an effective sentence of one and one-half years, suspended after five days confinement followed by two years probation. Also, as part of the plea agreement, the Appellant explicitly reserved, with the consent of the trial court and the State, a certified question of law challenging the court's denial of the Appellant's motion to suppress. On appeal, the State contends that (1) the certified question of law is not contained in the final judgments nor is it incorporated by reference and (2) the question is not clearly stated so as to identify the scope and limits of the legal issue. After review, we find that the question of law presented fails to identify with sufficient clarity the scope and boundaries of the issue reserved. Accordingly, the appeal is hereby dismissed and this case is remanded to the trial court.
Authoring Judge: Judge David G. Hayes
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 11/14/00 | |
| State vs. Carl Bolin
M1999-00849-CCA-R3-CD
The defendant, Carl Dean Bolin, was convicted by a Montgomery County Circuit Court jury of reckless homicide, a Class D felony. The trial court sentenced the defendant as a Range I, standard offender to four years in the Department of Correction. On appeal, the defendant contends that the trial court erred in sentencing him to the maximum of four years and by ordering that his sentence be served in the Department of Correction. After a careful review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Jerry Smith
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 11/14/00 | |
| State vs. William Clouse
M2000-00436-CCA-R9-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:J. Richard Mcgregor |
Van Buren County | Court of Criminal Appeals | 11/14/00 | |
| State vs. Glenn Tidwell
M2000-00538-CCA-R3-CD
The State of Tennessee appeals from the trial court's dismissal of an indictment for DUI against the appellee, Glenn Tidwell. The trial court determined that the indictment should be dismissed because Tidwell's right to a speedy trial had been violated. After a review of the record, we find that the appellee's right to a speedy trial was violated by the delay in bringing him to trial. The judgment of the trial court is affirmed.
Authoring Judge: Judge Jerry Smith
Originating Judge:Frank G. Clement, Jr. |
Davidson County | Court of Criminal Appeals | 11/14/00 | |
| State vs. Larry Wilkins
M2000-01225-CCA-R3-CD
The appellant, Larry Wilkins, pled guilty in the Williamson County Circuit Court to two counts of the class D felony of causing a computer system to be accessed for the purpose of obtaining $1,000 or more for himself or another by means of false or fraudulent pretenses, representations, or promises. For these offenses, the trial court imposed concurrent sentences of three years incarceration in the Tennessee Department of Correction, suspending all but one year of the appellant's sentences and placing him on supervised probation for four years. Additionally, the trial court imposed fines amounting to $1,500 and ordered restitution amounting to $4,500. The appellant now appeals the trial court's sentencing determinations. Specifically, notwithstanding the trial court's imposition of alternative sentences of split confinement, the appellant contends that the trial court should have granted him either total probation or placement in a community corrections program. Following a review of the record and the parties' briefs, we affirm in part and reverse in part the judgments of the trial court, and we remand this case to the trial court for further proceedings consistent with this opinion.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 11/14/00 | |
| State of Tennessee v. Michael S. Jackson
W1999-00358-CCA-R3-CD
The defendant was convicted of aggravated robbery and sentenced to twelve years confinement as a standard, Range I offender. On appeal, the defendant argues that the evidence was insufficient to support the jury's verdict, and that the trial court erred in its application of sentencing enhancement factors. Based upon our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Joseph B. Brown |
Shelby County | Court of Criminal Appeals | 11/09/00 | |
| State of Tennessee v. Norico S. Woods
W2000-00057-CCA-R3-CD
The appellant, Norico S. Woods, appeals from the order of the Madison County Circuit Court revoking her Community Corrections sentences and reinstating her original nine-year sentence in the Department of Correction. We affirm the judgment of the trial court pursuant to Rule 20, Tenn. Crim. App. R.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Roy Morgan |
Madison County | Court of Criminal Appeals | 11/03/00 | |
| State of Tennessee v. Earl Arnoz Taylor
W2000-00071-CCA-R3-CD
The appellant, Earl Arnoz Taylor, was convicted of second degree murder in the Lauderdale County Circuit Court. On appeal, he argues that the evidence produced at trial was insufficient to support the verdict. After review, we find the evidence sufficient and affirm the judgment.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 11/03/00 | |
| State vs. Jimmy Ray Mitchell
M1999-02536-CCA-R3-CD
The appellant/defendant, Jimmy Ray Mitchell, appeals as of right from a judgment of the Davidson County Criminal Court from a jury conviction for the offense of driving under the influence of an intoxicant, first offense. The trial court imposed a sentence of eleven (11) months and twenty-nine (29) days, after the defendant serves fifteen (15) days, the defendant shall be on probation for eleven (11) months and twenty-nine (29) days. The trial court imposed a fine of five hundred dollars ($500). In his single appellate issue, the defendant contends that the trial court erroneously admitted evidence of the breath test results. After a complete review of the record in this cause, we find the defendant failed to allege such trial error in his original motion for a new trial. The judgment of the trial court is affirmed.
Authoring Judge: Sr. Judge L. Terry Lafferty
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 10/30/00 | |
| State vs. Ralph Dewayne Moore
E1999-02743-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 10/30/00 | |
| State vs. William A. Holt
M2000-01063-CCA-R3-PC
The appellant was originally convicted by a Marshall County jury of attempt to commit first degree murder, and he received a sentence of twenty-one years imprisonment. The conviction was affirmed on direct appeal. He sought post-conviction relief, which was denied by the trial court. In this appeal as a matter of right, the appellant contends that his trial counsel provided ineffective assistance of counsel. After a thorough review of the record, we conclude that the trial court correctly denied post-conviction relief.
Authoring Judge: Judge Joe G. Riley
Originating Judge:W. Charles Lee |
Marshall County | Court of Criminal Appeals | 10/30/00 | |
| State vs. John Brown
W1999-00626-CCA-R3-CD
John Brown appeals from his Shelby County convictions of aggravated robbery and especially aggravated kidnapping. He alleges insufficiency of identification evidence and plain error in admission of evidence of arrests for other crimes. Because there is no error of record requiring reversal, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 10/27/00 | |
| State vs. Frederick Parks
W1999-01357-CCA-R3-CD
Defendant, Frederick Parks, was found guilty by a Madison County jury of one count of burglary and one count of theft over $500, for which he received consecutive sentences of four years and two years, respectively. The jury also fined the defendant $750, and the trial court ordered the defendant to pay $1500 in restitution. On appeal, the defendant raises two issues: 1) whether the evidence presented at trial was sufficient to support his convictions; and 2) whether the trial court erred by imposing consecutive sentences on the defendant. The judgment of the trial court is affirmed.
Authoring Judge: Judge John Everett Williams
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 10/27/00 | |
| State vs. Eric Hall
W1999-00610-CCA-R3-CD
A Shelby County jury convicted the appellant, Eric B. Hall, of one (1) count of robbery and one (1) count of theft of property over the value of $1,000. The trial court sentenced the appellant as a Range II, Multiple Offender, to consecutive sentences of ten (10) years for robbery and eight (8) years for theft of property. On appeal, the appellant contends that: (1) the evidence is insufficient to sustain his convictions; (2) the trial court improperly charged the jury with regard to the statutory elements of robbery; and (3) the trial court imposed excessive sentences by ordering consecutive sentencing. After a thorough review of the record before this Court, we hold that the evidence is sufficient to sustain the jury's guilty verdict for theft of property over $1,000 and that conviction is affirmed. Regarding the appellant's conviction for robbery, however, the state presented insufficient evidence that the requisite element of fear or violence was the mechanism by which the theft of jewelry was accomplished. Therefore, the appellant's conviction for robbery is reversed, and the conviction for that offense is dismissed. The case is remanded for a new trial on the offense of theft of property.
Authoring Judge: Judge Jerry Smith
Originating Judge:Joseph B. Brown |
Shelby County | Court of Criminal Appeals | 10/27/00 | |
| State vs. John Vengrin
W1999-01512-CCA-R3-CD
The defendant, John Joseph Vengrin, appeals the maximum, 25-year sentence imposed upon him for the crime of second degree murder. He alleges that the trial court erroneously relied on testimony given in another matter in considering whether certain enhancement factors applied. We agree that the trial court erred in relying on matters outside the record; however, we hold that the defendant waived any objection by advocating that the court consider matters outside the record in assessing mitigating factors. Moreover, we hold that the sentence imposed was a proper one. The judgment of the trial court is affirmed.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Robert A. Page |
Madison County | Court of Criminal Appeals | 10/25/00 | |
| State vs. Carl Ross
W1999-01455-CCA-R3-PC
The petitioner, Carl Ross, appeals from the Shelby County Criminal Court's dismissal of his petition for post-conviction relief in which he asserted various instances of ineffective assistance of counsel. Because we conclude that the record supports the lower court's determination that the petitioner failed to establish his claims by clear and convincing evidence, we affirm the dismissal of the post-conviction petition.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Joe Brown |
Shelby County | Court of Criminal Appeals | 10/25/00 |