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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 | |
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01C01-9707-CC-00315
01C01-9707-CC-00315
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Williamson County | Court of Criminal Appeals | 03/23/93 | |
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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 | |
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State vs. Donald Biggs
02C01-9901-CC-00017
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Lake County | Court of Criminal Appeals | 12/17/92 | |
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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 | |
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02C01-9508-CR-00222
02C01-9508-CR-00222
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Shelby County | Court of Criminal Appeals | 06/24/92 | |
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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 | |
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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 | |
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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 | |
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State of Tennessee v. Robert Lee Smartt
M2005-00176-CCA-R3-CO
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:John W. Rollins |
Coffee County | Court of Criminal Appeals | 10/21/91 | |
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Tony Blan D v. State of Tennessee
W2002-01784-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 06/19/90 | |
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Tony Bland v. State of Tennessee
W2002-01784-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 06/19/90 | |
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Arthur Ray Lepley
01C01-9903-CR-00084
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Davidson County | Court of Criminal Appeals | 04/27/90 | |
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Joe Utley vs. State of Tennessee
01C01-9709-CR-00428
The appellant, Joe L. Utley, appeals as of right from a judgment of the Davidson County Criminal Court denying his petition for post-conviction relief. The petitioner alleges that trial and appellate counsel rendered ineffective assistance in several areas. After a through review of the record, we REMAND to the trial court with instructions to enter a findings of fact and conclusions of law.
Authoring Judge: Senior Judge L. T. Lafferty
Originating Judge:Judge Seth W. Norman |
Davidson County | Court of Criminal Appeals | 12/08/88 | |
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State of Tennessee v. Jacob A. Smith
E2023-01065-CCA-R3-CD
The defendant, Jacob A. Smith, appeals his Knox County jury conviction of unlawful
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge G. Scott Green |
Knox County | Court of Criminal Appeals | 07/12/24 | |
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Kris Young v .State of Tennessee
E2022-00235-CCA-R3-PC
The petitioner, Kris Young, appeals the denial of his petition for post-conviction relief,
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge G. Scott Green |
Knox County | Court of Criminal Appeals | 08/03/23 | |
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State vs. O.B. Green
02C01-9901-CC-00036
Originating Judge:C. Creed Mcginley |
Carroll County | Court of Criminal Appeals | 12/01/10 | |
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03C01-9503-CR-00107
03C01-9503-CR-00107
Originating Judge:Lynn W. Brown |
Carter County | Court of Criminal Appeals | 12/01/10 | |
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State of Tennessee v. Lewis Bernard Williams
W2005-00446-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Originating Judge:Clayburn L. Peeples |
Gibson County | Court of Criminal Appeals | 12/01/10 | |
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03C01-9410-CR-00358
03C01-9410-CR-00358
Originating Judge:Edgar P. Calhoun |
Sullivan County | Court of Criminal Appeals | 12/01/10 | |
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02C01-9601-CR-00014
02C01-9601-CR-00014
Originating Judge:Joseph B. Brown |
Shelby County | Court of Criminal Appeals | 12/01/10 | |
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03C01-9503-CR-00102
03C01-9503-CR-00102
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Cumberland County | Court of Criminal Appeals | 12/01/10 | |
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03C01-9509-CC-00261
03C01-9509-CC-00261
Originating Judge:Lynn W. Brown |
Washington County | Court of Criminal Appeals | 12/01/10 | |
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03C01-9510-CC-00338
03C01-9510-CC-00338
Originating Judge:Ben W. Hooper, II |
Cocke County | Court of Criminal Appeals | 12/01/10 | |
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03C01-9511-CR-00357
03C01-9511-CR-00357
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Hamilton County | Court of Criminal Appeals | 12/01/10 |