APPELLATE COURT OPINIONS

Please enter some keywords to search.
State of Tennessee v. Patricia Spencer

W1999-00030-CCA-R3-CD

On December 11, 1998, the defendant, Patricia Spencer, pled guilty to one count of second degree murder and one count of attempted especially aggravated robbery. The trial court sentenced her as a Range I Violent Offender to 25 years for the second degree murder and as a Range I Standard Offender to 8 years for the attempted especially aggravated robbery, the sentences to be served concurrently. From this sentencing, the defendant now appeals asserting that the trial court erred in its 25-year sentence for the second degree murder; accordingly, she requests that her sentence be reduced. After careful review, we AFFIRM the sentence as imposed by the trial court.

Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Jon Kerry Blackwood
Fayette County Court of Criminal Appeals 03/06/00
State vs. Michael Gerard Coppola

W1999-01975-CCA-R3-CD

On April 28, 1997, the appellant, Michael Gerard Coppola, pled guilty in the Benton County Circuit Court to an array of offenses. The plea agreement provided for an effective six-year sentence with the Tennessee Department of Correction (T.D.O.C.) and payment of $3,363.10 of restitution to various victims. In March 1998, appellant completed boot camp and T.D.O.C. released him to probation, the terms of which required payment of the previously ordered restitution. The sole issue on appeal is the trial court’s revocation of probation for failure to pay restitution. Based upon our conclusion that no probation violation occurred, we REVERSE and REMAND to the trial court.

Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Julian P. Guinn
Benton County Court of Criminal Appeals 03/03/00
James Webb v. State of Tennessee

W1998-00047-CCA-R3-PC

The petitioner, James Webb, appeals as of right from the trial court’s order summarily dismissing his pro se petition for post-conviction relief without an evidentiary hearing. We REVERSE the judgment of the trial court and REMAND for appointment of counsel and review of petitioner’s claims.

Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Dick Jerman, Jr.
Haywood County Court of Criminal Appeals 03/03/00
State of Tennessee v. Bryon A. Peete

W1998-02116-CCA-R3-CD

The appellant, Byron A. Peete, appeals his conviction in the Shelby County Criminal Court of second degree murder. Pursuant to the appellant’s conviction, the trial court sentenced the appellant to thirteen years and six months incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence underlying his conviction. Although not clearly articulated, his argument appears to encompass the following specific contentions: (1) the evidence presented at trial concerning his low intellectual quotient (I.Q.) precluded a finding that the killing was knowing as required by Tenn. Code Ann. § 39-13-210(a)(1) (1997); (2) alternatively, in light of the evidence concerning the appellant’s low I.Q., the record demonstrates the provocation required by Tenn. Code Ann. § 39-13-211(a) (1997); or (3) in light of the evidence concerning his low I.Q., the record demonstrates that the appellant killed the victim, Terrance Baker, in self-defense within the meaning of Tenn. Code Ann. § 39-11-611(a) (1997). Following a thorough review of the record and the parties’ briefs, we affirm the judgment of the trial court.

Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge James C. Beasley, Jr.
Court of Criminal Appeals 03/02/00
State of Tennessee vs. Ernest Puryear

W1999-02031-CCA-R3-CD

A Shelby County jury found defendant guilty of aggravated robbery, a Class B felony. Defendant received an eight-year sentence. In this appeal as of right, defendant claims (1) the evidence was not sufficient to sustain the conviction for aggravated robbery, and (2) he received ineffective assistance of trial counsel. Upon our review of the record, we conclude the evidence was sufficient to sustain defendant's conviction, and defendant received effective assistance of counsel. Thus, we AFFIRM the judgment of the trial court.

Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge John P. Colton, Jr.
Shelby County Court of Criminal Appeals 03/02/00
M1999-00980-CCA-R3-CD

M1999-00980-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Timothy L. Easter
Williamson County Court of Criminal Appeals 02/29/00
Deon Patton vs. State

E1999-01331-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Ben K. Wexler
Hamblen County Court of Criminal Appeals 02/29/00
State vs. Marcella I. Mealer

M1998-00006-CCA-R3-CD
Authoring Judge: Judge John H. Peay
Davidson County Court of Criminal Appeals 02/29/00
M1999-01064-CCA-R3-CD

M1999-01064-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Jane W. Wheatcraft
Court of Criminal Appeals 02/29/00
03C01-9811-CR-00415

03C01-9811-CR-00415

Originating Judge:James E. Beckner
Greene County Court of Criminal Appeals 02/29/00
01C01-9903-CR-00075

01C01-9903-CR-00075

Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 02/29/00
State vs. Charles R. Marshall, Jr.

M1999-01311-CCA-R3-CD
Authoring Judge: Sr. Judge L. Terry Lafferty
Originating Judge:Walter C. Kurtz
Davidson County Court of Criminal Appeals 02/29/00
E1999-00557-CCA-MR3-CD

E1999-00557-CCA-MR3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Rebecca J. Stern
Hamilton County Court of Criminal Appeals 02/28/00
M1999-00019-R3-CD

M1999-00019-R3-CD
Court of Criminal Appeals 02/25/00
Thomas Freeman vs. State

M1999-00177-CCA-R3-PC
Authoring Judge: Judge Jerry Smith
Marshall County Court of Criminal Appeals 02/25/00
State vs. Joseph John Henry Morrell

E1999-00924-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Sullivan County Court of Criminal Appeals 02/25/00
01C01-9901-CR-00021

01C01-9901-CR-00021

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 02/25/00
01C01-9512-CC-00431

01C01-9512-CC-00431
Court of Criminal Appeals 02/25/00
State vs. Deborah Leigh Goins

M1998-00758-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Frank G. Clement, Jr.
Davidson County Court of Criminal Appeals 02/25/00
03C01-9905-CR-00184

03C01-9905-CR-00184
Hamilton County Court of Criminal Appeals 02/25/00
M1998-00020-CCA-R3-CD

M1998-00020-CCA-R3-CD
Authoring Judge: Judge John H. Peay
Davidson County Court of Criminal Appeals 02/25/00
03C01-9905-CR-00199

03C01-9905-CR-00199
Hamilton County Court of Criminal Appeals 02/25/00
Paul Mayes vs. State

E1999-01374-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:E. Eugene Eblen
Morgan County Court of Criminal Appeals 02/24/00
Ashlee Sellars vs. State

E1999-00356-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Richard R. Baumgartner
Knox County Court of Criminal Appeals 02/24/00
03C01-9809-CR-00344

03C01-9809-CR-00344

Originating Judge:R. Jerry Beck
Sullivan County Court of Criminal Appeals 02/24/00