APPELLATE COURT OPINIONS

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State vs. Parks Bryan

01C01-9711-CC-00521

Originating Judge:Gerald L. Ewell, Sr.
Coffee County Court of Criminal Appeals 01/22/99
State vs. Parks Bryan

01C01-9711-CC-00521

Originating Judge:Gerald L. Ewell, Sr.
Coffee County Court of Criminal Appeals 01/22/99
Terrance Burnett v. State of Tennessee

W2006-01063-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 01/22/99
State vs. Tracy Mullins

01C01-9803-CR-00115
Putnam County Court of Criminal Appeals 01/21/99
State vs. Erik Jackson

01C01-9707-CR-00293
Davidson County Court of Criminal Appeals 01/21/99
State vs. Victor Kelly

01C01-9709-CC-00429

Originating Judge:Henry Denmark Bell
Williamson County Court of Criminal Appeals 01/19/99
State vs. Ricky D. Keen

01C01-9802-CR-00074
Sumner County Court of Criminal Appeals 01/19/99
State vs. Michael Robinson

01C01-9612-CC-00536
Rutherford County Court of Criminal Appeals 01/19/99
State vs. Steve Paige

W2001-03045-CCA-R3-CD
In an indictment returned by the Shelby County Grand Jury on August 9, 2001, Defendant, Steve Paige, was charged with two counts of aggravated assault. The indictment alleged that both offenses occurred on January 16, 1999. At a hearing on December 6, 2001, the criminal court, sua sponte, dismissed the indictment because of the State's failure to prosecute. In its order of dismissal, the criminal court found that Defendant was arrested on January 16, 1999, the case was bound over to the grand jury on May 25, 1999, but he was not indicted until twenty-seven months later. The trial court further found that Defendant was arraigned on November 13, 2001, but the State did not have a file on the case and it had to be continued twice for that reason. When the case was called on December 6, 2001, the State could still not produce a file on the case. Accordingly, the trial court dismissed the case with prejudice for the State's failure to prosecute pursuant to Rule 48(b) of the Tennessee Rules of Criminal Procedure. The State appealed. After review, we affirm the trial court's order dismissing the case, but reverse that portion of the order dismissing the case with prejudice, and remand this case for the trial court to enter an amended order dismissing the case without prejudice.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:James C. Beasley, Jr.
Shelby County Court of Criminal Appeals 01/16/99
Gary Harris vs. State

03C01-9803-CR-00085

Originating Judge:Lynn W. Brown
Unicoi County Court of Criminal Appeals 01/15/99
State vs. Wembley

03C01-9803-CC-00088
Blount County Court of Criminal Appeals 01/15/99
Greg Morgan vs. State

03C01-9611-CR-00404

Originating Judge:Mayo L. Mashburn
Bradley County Court of Criminal Appeals 01/15/99
State vs. Holloway

03C01-9712-CC-00533

Originating Judge:W. Lee Asbury
Anderson County Court of Criminal Appeals 01/15/99
State vs. Strickland

03C01-9801-CC-00556
Blount County Court of Criminal Appeals 01/15/99
State vs. Connie Wilson

02C01-9706-CC-00217
Madison County Court of Criminal Appeals 01/13/99
State vs. Grace Matthews

02C01-9801-CR-00013
Shelby County Court of Criminal Appeals 01/13/99
State vs. Roy Keough

02C01-9708-CR-00317
Shelby County Court of Criminal Appeals 01/13/99
State vs. Howard Epps

02C01-9710-CR-00410
Shelby County Court of Criminal Appeals 01/13/99
State vs. Aaron Carroll

02C01-9805-CR-00140

Originating Judge:Bernie Weinman
Shelby County Court of Criminal Appeals 01/13/99
George French vs. State, Ricky Bell, Warden

01C01-9801-CR-00022

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 01/12/99
State vs. Christopher Bengston

E1999-01190-CCA-R3-CD
The defendant, Christopher Bengtson, was convicted by a McMinn County jury of three counts of reckless endangerment committed with a deadly weapon, a Class E felony. In this appeal as of right, the defendant raises two issues: (1) whether the evidence was sufficient as a matter of law to support the verdict; and (2) whether the trial court erred in failing to merge the three counts into one. We conclude that the evidence was sufficient as a matter of law for the jury to conclude beyond a reasonable doubt that the defendant was guilty of felony reckless endangerment. We agree with the defendant and the State that the three counts constituted a single course of conduct and should have been merged into one. We therefore affirm the felony reckless endangerment conviction for count one of the indictment but vacate the convictions for counts two and three.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:R. Steven Bebb
McMinn County Court of Criminal Appeals 01/12/99
State vs. Pamela Scuderi

01C01-9803-CC-00135

Originating Judge:James K. Clayton, Jr.
Rutherford County Court of Criminal Appeals 01/12/99
State of Tennessee vs. Craig Bryant

02C01-9707-CR-00286

The Defendant, Craig Bryant, appeals as of right from a Shelby County jury verdict convicting him of aggravated assault and attempted second degree murder. The trial court sentenced him as a Range I standard offender to consecutive sentences of three years for aggravated assault and ten years for attempted second degree murder. The Defendant now appeals pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. W e affirm the judgment of the trial court.

Authoring Judge: Judge David H. Welles
Originating Judge:Judge Arthur T. Bennett
Shelby County Court of Criminal Appeals 01/08/99
State of Tennessee vs. Rodney Ford - Dissenting

01C01-9708-CR-00365

I respectfully disagree with the majority’s conclusion that there was an illegal entry into the defendant’s home. Because I believe the entry into the residence and the seizure of property were proper, I further disagree that the matter should be remanded for further proceedings to determine the admissibility of the written confession. I would affirm the judgment of the trial court.

Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Thomas H. Shriver
Davidson County Court of Criminal Appeals 01/07/99
01C01-9607-CC-00139

01C01-9607-CC-00139

Originating Judge:Jim T. Hamilton
Lawrence County Court of Criminal Appeals 12/31/98