APPELLATE COURT OPINIONS

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State of Tennessee v. Martel Thomas

W2002-01549-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Chris B. Craft
Shelby County Court of Criminal Appeals 07/26/94
Phillip Knight vs. State

01C01-9709-CR-00417
Davidson County Court of Criminal Appeals 06/30/94
State vs. Weddington

03C01-9607-CR-00258
Hamilton County Court of Criminal Appeals 06/17/94
Karn Tom Thongkumgool

01C01-9707-CR-00281
Davidson County Court of Criminal Appeals 06/17/94
State vs. Robert Bitner

02C01-9903-CC-00108
Lake County Court of Criminal Appeals 05/25/94
See State v. James Clark, No. 02C01-9206-Cr-00149, 1993 Wl 414015, At *1 (Tenn. Crim. App.,

W2007-01260-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Originating Judge:James M. Lammey
Shelby County Court of Criminal Appeals 05/16/94
Joe L. Utley vs. State

M1999-00560-CCA-MR3-PC
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Seth W. Norman
Davidson County Court of Criminal Appeals 05/12/94
State vs. Ronald Crafton

W2001-00320-CCA-R3-CO
The petitioner appeals the trial court's dismissal of his petition for habeas corpus relief. The trial court determined that the allegations contained in the petitioner's pro se petition were not ones that would entitle him to habeas corpus relief, and therefore dismissed his petition. After a careful review of the record, we affirm the trial court's dismissal of the petition.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 04/26/94
David Cross vs. James Dukes

W2000-02197-CCA-R3-CO
Petitioner appeals the summary dismissal of his petition for writ of habeas corpus. The trial court determined that petitioner did not receive an illegal sentence, and petitioner now appeals this ruling. We affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 04/12/94
Terrence Liddle vs. Ricky Bell, Warden

01C01-9709-CR-00395
Davidson County Court of Criminal Appeals 03/15/94
Andre Bland v. State of Tennessee

W2007-00020-CCA-R3-PD
Authoring Judge: Judge John Everett Williams
Originating Judge:W. Fred Axley
Shelby County Court of Criminal Appeals 02/12/94
Dexter Frank Johnson vs. State

E2004-01260-CCA-R3-HC
The petitioner, Dexter Frank Johnson, appeals the dismissal of his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the action of the trial court pursuant to Rule 20, Tenn. Ct. Crim. App. R. The petition fails to present a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Stephen M. Bevil
Hamilton County Court of Criminal Appeals 02/11/94
Johnny McGowan, Jr. vs. State

M2003-01759-CCA-R3-HC
The Petitioner, Johnny L. McGowan, Jr., pled guilty in 1994 to aggravated arson, arson, six counts of reckless endangerment with a deadly weapon and two counts of vandalism, and the trial court sentenced him to twenty years in prison, to be served concurrently with a sentence from a previous conviction. In 2003, the Petitioner filed two pro se petitions for writs of habeas corpus in case numbers 27902 and 27903 alleging that his guilty pleas were not entered knowingly and voluntarily and requesting that the trial court appoint him counsel. The trial court summarily dismissed the petitions because it found that the Petitioner's claims, considered in the light most favorable to him, would at best render his convictions voidable and not void. On appeal, the Petitioner contends that the trial court erred by denying his request for appointment of counsel and by dismissing his petitions because there were "fatal variances" between the indictments and the evidence contained in the record. Finding no reversible error, we affirm the trial court's judgments.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Don Ash
Rutherford County Court of Criminal Appeals 01/24/94
Rhodney Roberson v. State of Tennessee

W2003-01236-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Joseph H. Walker, III
Gibson County Court of Criminal Appeals 11/19/93
Mark L. Grimes v. Fred Rainey, Warden

W2002-01583-CCA-R3-CO
Authoring Judge: Judge Jerry Smith
Originating Judge:R. Lee Moore Jr.
Lake County Court of Criminal Appeals 07/14/93
Supreme Court'S Recent Opinion In Hicks v. State, 945 S.W.2D 706 (Tenn. 1997), We Find

01-9801-CC-00027
Court of Criminal Appeals 05/28/93
Gregory Scott Spooner vs. State

E2004-02160-CCA-R3-HC
The petitioner, Gregory Scott Spooner, appeals from the trial court's order dismissing his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petition fails to establish a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:James E. Beckner
Hancock County Court of Criminal Appeals 04/28/93
01C01-9707-CC-00315

01C01-9707-CC-00315
Williamson County Court of Criminal Appeals 03/23/93
State vs. Bruce Reliford

W1999-00826-CCA-R3-CD
This direct appeal follows dismissal of the appellant's motion at the trial level for a "Correction/Reduction" of his sentences. The appellant is currently serving an effective sentence of life without parole after pleading guilty in 1995 to the offenses of first degree murder, two counts of aggravated robbery and one count of aggravated assault. He argues that his sentences are illegal and are subject to correction because (1) his life sentence is in direct contravention of statutory authority and (2) his negotiated plea agreement with the State is incapable of specific performance. The indictment alleges that these offenses occurred on December 24, 1992. On this date, life without the possibility of parole was not an available sentencing option for first degree murder. Although we find that appellate review of a "Motion for Correction or Reduction" of a sentence is not available, as of right, under Tenn. R. App. P. 3(b), nonetheless, we hold that review is available under the common law writ of certiorari. Upon review of the presented issues, we conclude that the trial court was without authority to impose a sentence of life without the possibility of parole for first degree murder. This conviction and sentence is vacated. Because the appellant's plea agreement encompassed all of his convictions and resulting sentences, we find it necessary upon vacating his first degree murder conviction to also vacate his convictions and sentences for aggravated robbery and aggravated assault. This case is remanded to the trial court for further proceedings.
Authoring Judge: Judge David G. Hayes
Originating Judge:W. Fred Axley
Shelby County Court of Criminal Appeals 12/24/92
State vs. Donald Biggs

02C01-9901-CC-00017
Lake County Court of Criminal Appeals 12/17/92
State vs. Stephen Stamps

W1999-01716-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:C. Creed Mcginley
Henry County Court of Criminal Appeals 07/22/92
02C01-9508-CR-00222

02C01-9508-CR-00222
Shelby County Court of Criminal Appeals 06/24/92
State vs. Audrey Black

E1999-01391-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 06/23/92
State vs. Frederick Sledge

W2001-02402-CCA-R3-CD
The defendant was convicted of first degree murder and especially aggravated robbery and was originally sentenced to death and twenty years, respectively. The trial court ordered the sentences to be served consecutively. On appeal, this court affirmed both convictions but reversed the death sentence and remanded it for resentencing. On remand, the defendant was sentenced to life imprisonment after a new sentencing hearing. The life sentence was ordered to be served consecutively to the original twenty-year sentence for especially aggravated robbery. The only issue raised on this appeal is whether, on remand, the trial court erred by not reconsidering the issue of consecutive sentencing when resentencing the defendant for the murder conviction. We affirm the sentence as imposed on remand by the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:James C. Beasley, Jr.
Shelby County Court of Criminal Appeals 12/10/91
State vs. Frederick Sledge

W2001-02402-CCA-R3-CD
The defendant was convicted of first degree murder and especially aggravated robbery and was originally sentenced to death and twenty years, respectively. The trial court ordered the sentences to be served consecutively. On appeal, this court affirmed both convictions but reversed the death sentence and remanded it for resentencing. On remand, the defendant was sentenced to life imprisonment after a new sentencing hearing. The life sentence was ordered to be served consecutively to the original twenty-year sentence for especially aggravated robbery. The only issue raised on this appeal is whether, on remand, the trial court erred by not reconsidering the issue of consecutive sentencing when resentencing the defendant for the murder conviction. We affirm the sentence as imposed on remand by the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:James C. Beasley, Jr.
Shelby County Court of Criminal Appeals 12/10/91