APPELLATE COURT OPINIONS

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Chris Dykes vs. State

M2005-00948-CCA-R3-PC
The Petitioner, Chris Allen Dykes, appeals the trial court's denial of his motion to reopen his petition for post-conviction relief. The trial court found the petition to be untimely filed. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the State's motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Robert G. Crigler
Marshall County Court of Criminal Appeals 09/22/99
02C01-9811-CC-00344

02C01-9811-CC-00344

Originating Judge:W. Fred Axley
Shelby County Court of Criminal Appeals 09/20/99
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX

Originating Judge:W. Lee Asbury
Campbell County Court of Criminal Appeals 09/20/99
State vs. Andra Lamar Dillard

01C01-9804-CC-00157
Montgomery County Court of Criminal Appeals 09/20/99
Donald Wayne Holt vs. State

01C01-9805-CC-00201

Originating Judge:James K. Clayton, Jr.
Rutherford County Court of Criminal Appeals 09/20/99
State vs. Joseph Hart (Albert Cross )

02C01-9902-CC-00075

Originating Judge:Lee Moore
Dyer County Court of Criminal Appeals 09/20/99
State vs. Charles Reed

01C01-9801-CC-00012

Originating Judge:William Charles Lee
Bedford County Court of Criminal Appeals 09/20/99
State vs. William D. Davis, Jr.

01C01-9811-CC-00474

Originating Judge:W. Charles Lee
Marshall County Court of Criminal Appeals 09/20/99
State vs. Dorothy Fleming

02C01-9803-CR-00075
Shelby County Court of Criminal Appeals 09/20/99
State vs. Frank Kenneth Talley

01C01-9612-CC-00524
Rutherford County Court of Criminal Appeals 09/17/99
State vs. Ronald Terry Wilmore

M2004-01999-CCA-R3-CD
A Warren County Criminal Court jury convicted the defendant, Ronald Terry Wilmore, of driving on a revoked license, a Class B misdemeanor, and the trial court sentenced him to a term of six months with twenty days to be served in jail and the remainder on probation. The defendant appeals, claiming the evidence is insufficient. We affirm the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Larry B. Stanley, Jr.
Warren County Court of Criminal Appeals 09/17/99
State vs. Timothy Dewalt

W2001-00168-CCA-R3-CD
The defendant, Timothy Tereze Dewalt, was indicted for selling a controlled substance, a Class C felony. After his plea of guilty, the trial court imposed a standard Range I sentence of four years. In this appeal of right, the defendant contends (1) that he was denied the right to counsel and (2) that his sentence is excessive. The judgment of the trial court is affirmed.
Authoring Judge: Judge Gary R Wade
Originating Judge:Julian P. Guinn
Henry County Court of Criminal Appeals 09/13/99
State vs. Richard Smith

02C01-9903-CC-00101

Originating Judge:Roy Morgan
Henderson County Court of Criminal Appeals 09/10/99
State vs. Kenneth Lee Kendrick

03C01-9810-CR-00374

Originating Judge:R. Jerry Beck
Sullivan County Court of Criminal Appeals 09/10/99
State vs. James E. Jackson

01C01-9809-CR-00358

Originating Judge:Steve R. Dozier
Davidson County Court of Criminal Appeals 09/10/99
State vs. Jimmy Ferguson

01C01-9809-CR-00359

Originating Judge:Frank G. Clement, Jr.
Davidson County Court of Criminal Appeals 09/10/99
State vs. Shawn R. Cotton

01C01-9805-CR-00209

Originating Judge:Frank G. Clement, Jr.
Davidson County Court of Criminal Appeals 09/10/99
State vs. Eric B. Howard

01C01-9805-CR-00198
Davidson County Court of Criminal Appeals 09/10/99
State vs. Brian Milam

01C01-9712-CC-00557

Originating Judge:Robert L. Jones
Wayne County Court of Criminal Appeals 09/10/99
Brett Allen Patterson vs. State

01C01-9805-CC-00221
Montgomery County Court of Criminal Appeals 09/10/99
State of Tennessee vs. Betty W. Norman

01C01-9805-CC-00230

The appellant, Betty W . Norman, was convicted by a Moore County jury of two (2) counts of reckless endangerment, a Class E felony, and one (1) count of harassment, a Class A misdemeanor. The trial court sentenced the appellant as a Range I offender to consecutive terms of one (1) year and three (3) months and one (1) year and two (2) months for the reckless endangerment convictions. The appellant received a concurrent sentence of six (6) months for her conviction for harassment. The trial court ordered tha t the appellant serve her sentences in confinement. On appeal, the appellant presents the following issues for our
review:

(1) whether the trial court erred in limiting the appellant’s crossexamination of a state w itness reg arding the trajectory of a bullet and by subsequently instructing the jury to disregard the witness’ testimon y regardin g the trajec tory of the bullet;
(2) whether the trial court erred in failing to allow the appellant to question the victims, Robert and Loretta Norman, regarding anydomestic problems between them;
(3) whether the evidence was sufficient to support the a ppellant’s convictions beyond a reasonable doubt;
(4) whether the trial court imposed excessive sentences;
(5) whether the trial court erred in imposing consecutive sentences; and
(6) whether the trial court erred in denying probation.

After a thorough review of the record before this Court, we conclude that theappellant was erroneously convicted of two (2) co unts of reckless endangerment arising out of the same course of conduct. Therefore, the appellant’s conviction for reckless endangerment in Count One is merged with her conviction for reckless endangerment in Count Two. In all other respects, however, the judgment of the trial court is affirmed.

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Charles Lee
Moore County Court of Criminal Appeals 09/09/99
Randall Allen Cantrell vs. State of Tennessee

01C01-9902-CR-00050

The appellant, Randall Allen Cantrell, appeals the order of the Sumner County Criminal Court dismissing his pro se petition for post-conviction relief. In this appeal, the appellant raises multiple issues which collectively challenge the trial court’s summary dismissal of the petition as being time-barred.

Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 09/09/99
Randall Allen Cantrell vs. State

01C01-9902-CR-00050

The appellant, Randall Allen Cantrell, appeals the order of the Sumner County Criminal Court dismissing his pro se petition for post-conviction relief. In this appeal, the appellant raises multiple issues which collectively challenge the trial court’s summary dismissal of the petition as being time-barred.

Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 09/09/99
State of Tennessee vs. Gaile K. Owens

02C01-9806-CR-00182

In this capital case, the appellant, Gaile K. Owens, appeals as of right the judgment of the Criminal Court of Shelby County denying her petition for postconviction relief. In 1986, the appellant was convicted of accessory before the fact to first degree murder. In a joint trial, the appellant’s co-defendant, Sidney Porterfield, was also convicted of first degree murder and following a separate sentencing hearing, both were sentenced to death by electrocution. The appellant’s conviction and sentence were affirmed on direct appeal by the Tennessee Supreme Court. See State v. Porterfield, 746 S.W.2d 441 (Tenn.), reh’g denied, (1988), cert. denied, 486 U.S. 1017, 108 S.Ct. 1756 (1988).

Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Chris B. Craft
Shelby County Court of Criminal Appeals 09/01/99
State vs. Terrell Jackson

W2001-00901-CCA-R3-PC
The petitioner, Terrell E. Jackson, appeals the trial court's denial of post-conviction relief. The issues presented for review are whether the petitioner was denied the effective assistance of counsel and whether he entered a knowing and voluntary guilty plea. The judgment is affirmed.
Authoring Judge: Judge Gary R Wade
Originating Judge:Arthur T. Bennett
Shelby County Court of Criminal Appeals 08/31/99