APPELLATE COURT OPINIONS

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State vs. Robert Gwin

02C01-9512-CR-00380
Shelby County Court of Criminal Appeals 10/13/97
State vs. Terrance Royal/Richard Marlowe

02C01-9609-CR-00299
Shelby County Court of Criminal Appeals 10/13/97
State vs. James Somerville

02C01-9608-CC-00289
Tipton County Court of Criminal Appeals 10/13/97
S tate vs. Stephanie Dowagiac

02C01-9610-CR-00353

Originating Judge:Chris B. Craft
Shelby County Court of Criminal Appeals 10/13/97
State vs. Antonio Crenshaw

02C01-9607-CR-00217

Originating Judge:Bernie Weinman
Shelby County Court of Criminal Appeals 10/13/97
State vs. Steven Little

02C01-9605-CC-00168

Originating Judge:Whit A. Lafon
Madison County Court of Criminal Appeals 10/10/97
State vs. Shonda McGill

02C01-9507-CC-00194
Hardin County Court of Criminal Appeals 10/10/97
Maney vs. State

03C01-9612-CR-00470
Bradley County Court of Criminal Appeals 10/10/97
Miller vs. State

03C01-9608-CR-00288

Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 10/10/97
State vs. Shonda McGill

02C01-9507-CC-00194

Originating Judge:C. Creed Mcginley
Hardin County Court of Criminal Appeals 10/10/97
State vs. Gary Poplar

02C01-9609-CC-00316

Originating Judge:Jon Kerry Blackwood
Hardeman County Court of Criminal Appeals 10/10/97
State vs. John Gillon

02C01-9610-CC-00363

Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 10/10/97
State vs. Bailey

03C01-9601-CR-00028

Originating Judge:R. Jerry Beck
Sullivan County Court of Criminal Appeals 10/10/97
State vs. Bradley

03C01-9609-CR-00349
Court of Criminal Appeals 10/10/97
State of Tennessee vs. Robert Lee Fleenor

03C01-9611-CR-00400

The appellant, Roger Lee Fleenor, appeals the sentence imposed by the Sullivan County Criminal Court upon his plea of guilty to the offense of attempt to commit aggravated sexual battery, a class C felony. Pursuant to a negotiated plea, the appellant received a sentence of eight years as a range II offender. The manner of service of the sentence was submitted to the trial court for determination. Following a sentencing hearing, the trial court denied any form of alternative sentence and ordered that the sentence be served in the Department of Correction.
The appellant now appeals this decision.

Authoring Judge: Judge David G. Hayes
Originating Judge:Judge R. Jerry Beck
Sullivan County Court of Criminal Appeals 10/09/97
State of Tennessee vs. Quantreal Underwood

02C01-9604-CR-00120

The defendant, Quantreal Underwood, was convicted of second degree murder and two counts of aggravated robbery.1 The trial court imposed a Range I, twenty-five-year sentence for second degree murder and two concurrent eight-year sentences on each count of aggravated robbery.

Authoring Judge: Judge Gary R. Wade
Originating Judge:Judge L. Terry Lafferty
Shelby County Court of Criminal Appeals 10/09/97
State of Tennessee vs. Jackie Crowe

03C01-9609-CR-00331

The defendant was convicted by jury of two counts of rape and two counts of incest. He was sentenced as a Range I, standard offender to twelve (12) years for each rape conviction and to six (6) years for each incest conviction to the custody of the Department of Correction. The trial court ordered the defendant to serve the rape convictions consecutive to each other and consecutive to prior unserved sentences but concurrent with the incest convictions. The trial court also imposed fines in the amount of $25,000 for each rape conviction and $10,000 for each incest conviction.

Authoring Judge: Judge John K. Byers
Originating Judge:Judge Mayo L. Mashburn
Court of Criminal Appeals 10/08/97
State of Tennessee vs. Lester Lee Doyle

02C01-9612-CC-00461

The defendant, Lester Lee Doyle, was convicted by a Benton County jury of driving under the influence of an intoxicant, second offense, and driving on a revoked license. The sole issue presented on appeal is whether the evidence adduced at trial is sufficient to support the jury’s verdict. We affirm the conviction.

Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Julian P. Guinn
Benton County Court of Criminal Appeals 10/08/97
State of Tennessee vs. Hollis G. Williams

02C01-9602-CR-00048

The appellant, Hollis G. Williams (defendant), was convicted of first-degree felony murder by a jury of his peers. The State of Tennessee sought the extreme penalty of death. However, the jury set his punishment at life without the possibility of parole. The defendant presents three issues for review. He contends (a) the evidence is insufficient, as a matter of law, to support his conviction for a murder committed during an attempt to commit robbery, (b) the trial court committed error of prejudicial dimensions by ruling his two convictions for attempt to commit robbery could be used to impeach him if he opted to testify in support of his defense, and (c) the trial court committed error of prejudicial dimensions by permitting the state to introduce victim impact testimony during the sentencing hearing. After a thorough review of the record, the briefs submitted by the parties, and the law governing the issues presented for review, it is the opinion of this Court the judgment of the trial court should be affirmed.

Authoring Judge: Judge Joe B. Jones
Originating Judge:Judge Chris B. Craft
Shelby County Court of Criminal Appeals 10/07/97
State of Tennessee vs. John ParnellYaugher

03C01-9509-CC-00286

The Defendant, John Parnell Yaugher, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Defendant was convicted following a jury trial in Anderson County of the offense of rape of a child. On appeal, the Defendant challenges the sufficiency of the allegations in the indictment to charge an offense. Also, the Defendant challenges the sufficiency of the evidence to sustain the conviction and specifically argues that his confession was uncorroborated, that there was no proof of penetration, and that the State failed to prove beyond a reasonable doubt that he was sane at the time of the offense. Furth er, the Defendant argu es that the trial court erred in denying a motion to suppress his statement to investigators and by charging in the jury instructions the lesser grade offense of aggravated sexual battery. Finding no
error, and that the indictment and the evidence are sufficient, we affirm the judgment of the trial court.

Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge James B. Scott, Jr.
Anderson County Court of Criminal Appeals 10/07/97
Olen Eddie Hutchison vs. State of Tennessee

03C01-9601-CC-00033

The petitioner, Olen Eddie Hutchison, appeals as of right from the Campbell County Criminal Court’s denial of post-conviction relief. He was convicted in 1991 for the first degree murder of Hugh Huddleston and received the death penalty. He was also convicted of conspiracy to take a life and solicitation to commit first degreemurder for which he received a total sentence of twenty-two years. The convictions and sentences were affirmed on direct appeal. State v. Hutchison, 898 S.W.2d 161 (Tenn. 1994), cert. denied, U.S. , 116 S. Ct. 137 (1995). We affirm the denial of postconviction
relief.

Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge J. Curwood Witt
Campbell County Court of Criminal Appeals 10/03/97
State of Tennessee vs. Telly M. Slayon

02C01-9601-CR-00013

On February 10, 1995, Appellant Telly Slayton was found guilty by a Shelby County Criminal Court jury of murder in the perpetration of robbery in violation of Tennessee Code Annotated Section 39-13-202(2) (Supp. 1996). The trial court ordered a sentence of life imprisonment. On appeal, Appellant raises three issues for review: (1) whether the evidence presented at trial was sufficient as a matter of law to sustain the conviction ; (2) whether the trial court erred in overruling Appellant’s motion to suppress his statement given to police officers; and (3) whether the trial court erred in admitting, over Appellant’s objection, a photograph of the victim taken while the victim was alive. After a review of the record, we affirm the judgment of the trial court.

Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge John P. Colton, Jr.
Shelby County Court of Criminal Appeals 10/02/97
John C. Tomlinson vs. State of Tennessee

03C01-9610-CR-00389

The appellant, John C. Tomlinson, appeals the trial court’s dismissal of his pro se petition for writ of habeas corpus. In April 1983, the appellant was convicted in the Davidson County Criminal Court of aggravated kidnaping and two counts of robbery with a deadly weapon. For these convictions, he was sentenced to 30 years imprisonment. In December 1983, the appellant was convicted in the Wilson County Criminal Court of aggravated rape and armed robbery resulting in sentences totaling 35 years. The appellant is currently confined at the Northeast Correctional Center where he is serving an effective sentence of 65 years for the convictions from both counties. The appellant now appeals the trial court’s dismissal of his petition for writ of habeas corpus. Specifically, the appellant contends that the trial court’s summary dismissal denied him his right to due process of the law.

Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Lynn W. Brown
Johnson County Court of Criminal Appeals 10/02/97
William David Clapp vs. State of Tennessee

03C01-9605-CC-00193

The petitioner, William David Clapp, appeals as of right from the Sullivan County Criminal Court’s dismissal of his petition for post-conviction relief. The trial court dismissed the petition, concluding that it was barred by the statute of limitations. We affirm the judgment of the trial court.

Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Frank L. Slaughter
Sullivan County Court of Criminal Appeals 10/01/97
Petition. See State v. Joseph Clyde Beard, Jr., No. 03C01-9502-Cr-000044,

01C01-9603-CC-00092

Originating Judge:Walter C. Kurtz
Davidson County Court of Criminal Appeals 09/30/97