APPELLATE COURT OPINIONS

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William Terry Wyatt

03C01-9802-CC-00057

Originating Judge:Thomas W. Graham
Bledsoe County Court of Criminal Appeals 02/16/99
State vs. Leonard Prater

01C01-9710-CC-00499
Coffee County Court of Criminal Appeals 02/16/99
State vs. Paul Dejongh

03C01-9806-CR-00211

Originating Judge:Ray L. Jenkins
Knox County Court of Criminal Appeals 02/16/99
State vs. Torayo Brown

W2000-00472-CCA-R3-CD
The defendant, Torayo Olandis Brown, was convicted of possessing with intent to deliver more than .5 grams of cocaine, a class B felony. The trial court imposed a sentence of eight years and nine months, ordering eight months to be served in the local jail and the balance to be served in a community corrections program. In this appeal of right, the defendant contends that (1) the evidence is insufficient to support his conviction; (2) the trial court erred by allowing the state to impeach him with a prior conviction; and (3) the state improperly argued that he was impeached by the prior conviction. Because of plain error in the trial court's failure to provide a limiting instruction relating to the impeachment evidence, the judgment is reversed and the cause is remanded for a new trial.
Authoring Judge: Judge Gary R Wade
Originating Judge:Jon Kerry Blackwood
Hardeman County Court of Criminal Appeals 02/15/99
02S01-9804-CH-00041

02S01-9804-CH-00041
Obion County Court of Criminal Appeals 02/12/99
James Judd vs. State

01C01-9805-CR-00204
Davidson County Court of Criminal Appeals 02/12/99
State vs. Graves

03C01-9803-CC-00090

Originating Judge:Richard R. Vance
Jefferson County Court of Criminal Appeals 02/11/99
State vs. CarlosHayes

02C01-9712-CR-00483
Shelby County Court of Criminal Appeals 02/11/99
03C01-9709-CC-00434

03C01-9709-CC-00434

Originating Judge:Richard R. Vance
Sevier County Court of Criminal Appeals 02/11/99
State vs. Zip Gillespie

02C01-9703-CR-00088
Shelby County Court of Criminal Appeals 02/10/99
03C01-9804-CC-00145

03C01-9804-CC-00145

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 02/10/99
State vs. Jeff Warfield

01C01-9711-CC-00504
Maury County Court of Criminal Appeals 02/10/99
State vs. Keffer

03C01-9709-CC-00413
Sevier County Court of Criminal Appeals 02/10/99
State vs. Delores Smith & David Robinson

01C01-9609-CR-00412
Putnam County Court of Criminal Appeals 02/10/99
Ricky Brown vs. State

01C01-9708-CR-00363

Originating Judge:Ann Lacy Johns
Davidson County Court of Criminal Appeals 02/10/99
State vs. Jeffery Holder

01C01-9801-CC-00044
Lincoln County Court of Criminal Appeals 02/10/99
State vs. Jackie Ozier

W1999-01478-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:Roy B. Morgan, Jr.
Madison County Court of Criminal Appeals 02/10/99
State vs. David Keen

02C01-9709-CR-00365

Originating Judge:John P. Colton, Jr.
Shelby County Court of Criminal Appeals 02/10/99
State of Tennessee vs. Roy D. Nelson, Jr.

03C01-9710-CR-00454

The defendant, Roy D. Nelson, stands convicted of burglary, aggravated burglary, aggravated arson and possession of marijuana as a result of his efforts to blow up his ex-wife's home. Nelson received his convictions at the conclusion of a jury trial in the Washington County Criminal Court. A Range III offender, Nelson is presently serving an effective 62-year sentence in the Department of Correction for his crimes.1 In this direct appeal, Nelson claims he was improperly convicted of aggravated arson because he, rather than another person, suffered the serious bodily injury relied upon to elevate the offense from arson to aggravated arson. Having reviewed the appellate record, the arguments of the parties and the applicable law, we affirm the judgment of the trial court.

Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Lynn W. Brown
Washington County Court of Criminal Appeals 02/09/99
State of Tennessee vs. Mark Crites

01C01-9711-CR-00512

Mark Crites appeals from the revocation of his community corrections sentence. He challenges both the propriety of that revocation and his resentencing, arguing that: (1) the trial court abused its discretion in revoking his community corrections sentence; (2) the trial court misapplied certain enhancement factors and that his sentences are, therefore, excessive; and (3) the trial court erred in ordering consecutive sentencing. After careful review of the record and arguments of counsel, we conclude the trial court relied upon improper evidence in revoking the community corrections sentence. We remand for another revocation hearing.

Authoring Judge: Senior Judge L. T. Lafferty
Originating Judge:Judge Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 02/09/99
State of Tennessee vs. Roy D. Nelson, Jr.

03C01-9710-CR-00454

The defendant, Roy D. Nelson, stands convicted of burglary, aggravated burglary, aggravated arson and possession of marijuana as a result of his efforts to blow up his ex-wife's home. Nelson received his convictions at the conclusion of a jury trial in the Washington County Criminal Court. A Range III offender, Nelson is presently serving an effective 62-year sentence in the Department of Correction for his crimes. In this direct appeal, Nelson claims he was improperly convicted of aggravated arson because he, rather than another person, suffered the serious bodily injury relied upon to elevate the offense from arson to aggravated arson. Having reviewed the appellate record, the arguments of the parties and the applicable law, we affirm the judgment of the trial court.

Authoring Judge: Judge James Curwood Witt
Originating Judge:Judge Lynn W. Brown
Washington County Court of Criminal Appeals 02/09/99
Gary June Caughron v. State of Tennessee

03C01-9707-CC-00301

The petitioner, Gary June Caughron, appeals as of right from the Sevier County Circuit Court’s denial of post-conviction relief as to the guilt phase of his trial. He was convicted in 1990 for the first degree murder of Ann Robertson Jones and received the death penalty. He was also convicted of first degree burglary and assault with the intent to commit rape for which he received consecutive ten-year sentences. The convictions and sentences were affirmed on direct appeal to the Tennessee Supreme Court. State v. Caughron, 855 S.W.2d 526 (Tenn. 1993), cert. denied, 510 U.S. 979, 114 S. Ct. 475 (1993).

Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge John K. Byers
Sevier County Court of Criminal Appeals 02/05/99
Rayford Martin vs. State of Tennessee

03C01-9707-CR-00286

This is an appeal as of right from the trial court’s denial of post-conviction relief from convictions based upon guilty pleas. The Defendant entered guilty pleas, with sentencing left to the discretion of the trial judge, to two counts of aggravated kidnapping, two counts of aggravated rape, and four counts of armed robbery. At the sentencing hearing conducted on April 3, 1989, he received a total effective sentence of 150 years. This Court affirmed his sentences on direct appeal.1 The Defendant filed a petition for post-conviction relief in December of 1991; and following appointment of counsel, he filed a supplemental petition in June of 1997. The trial court conducted a hearing and denied the petition in July of 1997. The Defendant now appeals the trial court’s ruling. We affirm, but we grant D efendant relie f in the form of a delayed appeal.

Authoring Judge: Judge David H. Welles
Originating Judge:Judge Richard Baumgartner
Knox County Court of Criminal Appeals 02/04/99
State of Tennessee vs. Timmy Beavers

01C01-9709-CC-00394

Following the denial of his mo tion to suppress evidence, the Defendant, Timmy Beavers, entered a best-interest plea to second degree murder, reserving the right to appeal the trial court’s denial of his motion to suppress certain evidence. An agreed upon sentence of thirty (30) years was entered by the trial court.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Charles Lee
Lincoln County Court of Criminal Appeals 02/02/99
State vs. Tiffany Betts

02C01-9709-CC-00337
Madison County Court of Criminal Appeals 01/29/99