APPELLATE COURT OPINIONS

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Billy Joe Bourff v. State of Tennessee

03C01-9705-CR-00189

The appellant, Billy Joe Bourff, appeals as of right the Campbell County Criminal Court’s dismissal of his petition for post-conviction relief. We affirm the judgment of the trial court.

Authoring Judge: Judge William M. Barker
Originating Judge:Judge Lee Asbury
Campbell County Court of Criminal Appeals 07/09/98
State of Tennessee vs. Johnny Akins

02C01-9711-CR-00451

Johnny Akins was found guilty by a jury of aggravated burglary. He was sentenced to fifteen years in Tennessee Department of Correction. The trial court denied his motion for a new trial. He appeals. The sole issue is whether the evidence is sufficient to support his conviction. We affirm the judgment of
conviction.

Authoring Judge: Judge Paul G. Summers
Originating Judge:Judge Joseph B. Dailey
Shelby County Court of Criminal Appeals 07/08/98
State of Tennessee vs. Anderson D. Curry

02C01-9711-CR-00452

The defendant was indicted in December 1996 for rape of a child. A Shelby County jury found him guilty and the trial court sentenced him to twenty years in the Tennessee Department of Correction. In this appeal as of right, the defendant argues that the evidence is insufficient to support his conviction and that the trial court erred when it admitted into evidence a chart depicting the victim’s injuries. The defendant also argues that his sentence is excessive. After a review of the record and applicable law, we affirm the judgment of the court below.

Authoring Judge: Judge John H. Peay
Originating Judge:Judge Bernie Weinman
Shelby County Court of Criminal Appeals 07/08/98
State of Tennessee vs. David L. Hathaway

01C01-9703-CR-00094

The appellant, David L. Hathaway, appeals as of right his conviction in the Criminal Court of Pickett County. After a bench trial, he was convicted of driving under the influence of an intoxicant (“D.U.I.”) and was sentenced to a suspended term of six (6) months and one (1) hour in the county jail. The trial court revoked appellant’s driver’s license for one (1) year and ordered him to serve forty eight (48) hours in jail. Appellant was also ordered to pay a $350 fine.


On appeal, the appellant challenges the admissibility of the results of his breathalyser examination and the sufficiency of the convicting evidence. After a review of the record, we affirm the judgment of the trial court. 

Authoring Judge: Judge William M. Barker
Originating Judge:Judge John A. Turnbull
Pickett County Court of Criminal Appeals 07/02/98
State of Tennessee vs. James Gooch, a/k/a "Angie Foot"

01C01-9703-CR-00093

The defendant, James Allen Gooch, Sr., a/k/a “Angie Foot,” appeals as of right from his conviction upon a guilty plea in the Sumner County Criminal Court for the sale of under one-half gram of cocaine, a Class C felony. The defendant was charged with two counts of selling less than one-half gram of cocaine, possession of marijuana, and possession of drug paraphernalia. Pursuant to an agreement, the defendant entered a guilty plea to one count of selling less than one-half gram of cocaine, and the remaining charges were dismissed. The defendant was sentenced as a Range I, standard offender to five years in the custody of the Department of Correction. The trial court also imposed a two-thousand-dollar fine. The defendant contends that the trial court erred by failing to consider a sentence other than confinement by the Department
of Correction. We affirm the judgment of the trial court.

Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Jane W. Wheatcraft
Sumner County Court of Criminal Appeals 07/01/98
State of Tennessee vs. Ronnie L. Ingram

02C01-9707-CR-00260

The defendant was indicted, charged, and convicted of burglary and sentenced as a career offender to twelve years imprisonment. In this appeal as of right, the defendant argues the evidence was insufficient to support a conviction for burglary since the State failed to prove intent to commit theft. Finding no merit in the defendant’s argument, we affirm.

Authoring Judge: Judge John H. Peay
Originating Judge:Judge Joseph B. Dailey
Shelby County Court of Criminal Appeals 07/01/98
State of Tennessee vs. Edward Shane Rust

01C01-9707-CC-00258

The appellant, Edward Shane Rust, was indicted by a Coffee County Grand Jury for the offenses of arson of personal property and reckless endangerment. Following a jury trial, the appellant was found guilty of arson of personal property, a class E felony, and received a two year sentence in the Department of Correction. The appellant was found not guilty of reckless endangerment. In this appeal as of right, the appellant contends:


I. The evidence is insufficient to support a conviction for arson of personal property;
II. The sentence imposed by the trial court is excessive; and
III. The trial court should have granted an alternative sentence.


After a review of the evidence, we affirm the appellant’s conviction for arson of personal property.

Authoring Judge: Judge David G. Hayes
Originating Judge:Judge John W. Rollins
Coffee County Court of Criminal Appeals 07/01/98
State vs. Elroy Kahanek

01C01-9707-CC-00298

Originating Judge:Donald P. Harris
Williamson County Court of Criminal Appeals 06/30/98
State vs. Dominic Amari

01C01-9703-CR-00077
Davidson County Court of Criminal Appeals 06/30/98
State vs. Kestner

03C01-9611-CR-00390
Washington County Court of Criminal Appeals 06/30/98
State vs. Tanner

03C01-9703-CR-00101
Sullivan County Court of Criminal Appeals 06/30/98
Guadalupe Mendez vs. State

01C01-9703-CC-00076

Originating Judge:James E. Walton
Montgomery County Court of Criminal Appeals 06/30/98
01C01-9702-CR-

01C01-9702-CR-
Davidson County Court of Criminal Appeals 06/30/98
State vs. Flanigan

03C01-9708-CR-00330
Sullivan County Court of Criminal Appeals 06/26/98
State vs. Meyer

03C01-9705-CR-00165

Originating Judge:Carroll L. Ross
McMinn County Court of Criminal Appeals 06/26/98
State vs. Flanigan

03C01-9708-CR-00330

Originating Judge:Phyllis H. Miller
Sullivan County Court of Criminal Appeals 06/26/98
State vs. Stout

03C01-9706-CR-00228
Washington County Court of Criminal Appeals 06/26/98
State vs. Lily Baker

02C01-9707-CC-00264
McNairy County Court of Criminal Appeals 06/26/98
State vs. Phillips

03C01-9708-CR-00320
Scott County Court of Criminal Appeals 06/26/98
State vs. Hannum

03C01-9710-CC-00480

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 06/26/98
State vs. Bowling

03C01-9710-CR-00478
Scott County Court of Criminal Appeals 06/26/98
State vs. Phillips

03C01-9708-CR-00320
Scott County Court of Criminal Appeals 06/26/98
State vs. Jones

03C01-9710-CR-00428

Originating Judge:Rebecca J. Stern
Hamilton County Court of Criminal Appeals 06/26/98
State vs. Jones

03C01-9710-CR-00428

Originating Judge:Rebecca J. Stern
Hamilton County Court of Criminal Appeals 06/26/98
State vs. Sheri Clements

02C01-9712-CC-00488
Fayette County Court of Criminal Appeals 06/26/98