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| Claude Garrett vs. State
M1999-00786-CCA-R3-PC
The defendant, after being convicted of first degree murder and sentenced to life imprisonment, was denied post-conviction relief by the Criminal Court of Davidson County. Defendant now appeals that denial and asserts that (1) the State withheld exculpatory evidence in violation of Brady v. Maryland, thereby undermining the confidence of the outcome of the trial; (2) the trial court erred by unconstitutionally instructing the jury; (3) the defendant was not afforded effective assistance of counsel; and (4) juror misconduct and bias violated the defendant's constitutional rights. The issue of juror misconduct was addressed by this court on direct appeal and, therefore, is not properly before this court. After review, we affirm the trial court's finding that the defendant received effective assistance of counsel; however, we reverse and remand the case for a new trial because the prosecution withheld exculpatory evidence in violation of Brady v. Maryland, thereby undermining the confidence in the outcome of the trial.
Authoring Judge: Judge John Everett Williams
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 06/21/00 | |
| State vs. Dennis Daughtry
W1999-00792-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 06/21/00 | |
| State vs. Tyaneshia Turner & Johnathan Webster
W1999-00530-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 06/21/00 | |
| State vs. Andrew D. Bledsoe
M1999-00788-CCA-R3-CD
The defendant, after being convicted of reckless homicide, appeals his sentence of three and one-half years incarceration. He argues that the trial court incorrectly imposed an excessive sentence and that the trial court erred by not imposing any form of alternative sentence. We hold that a death, although unfortunate and tragic, standing alone, is insufficient to deny an alternative sentence given our legislative mandate that Range I standard offenders convicted of any Class D felony are presumed to be favorable candidates for alternative sentencing. Therefore, after careful review, we affirm the length of the sentence; however, we modify its manner of service to an alternative sentence of split confinement of one year and the remaining two and one-half years on probation.
Authoring Judge: Judge John Everett Williams
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 06/21/00 | |
| Perry H. Young v. State of Tennessee
E1999-1968-COA-R3-CV
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 06/21/00 | |
| State vs. Toronda Sherelle Williams
M2000-00212-CCA-R3-CD
Following a grand jury indictment, Toranda Williams, the defendant and appellant, was tried and convicted of first-degree murder in the Davidson County Criminal Court. On appeal, she argues (1) that the trial court erroneously admitted testimony about the results of a polygraph examination; (2) that the court erroneously admitted hearsay testimony; and (3) that the cumulative effect of these errors was substantial enough to require reversal. Because we find the trial court's error in admitting the polygraph test results was harmless, and because the issue regarding hearsay testimony has been waived for failure to include it in the motion for a new trial, we affirm the judgment of the trial court.
Authoring Judge: Judge Jerry Smith
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 06/21/00 | |
| Johnny Jess Davis, et al vs. Johnnie Rex Flyn, et us
E1999-00421-COA-R3-CV
Apollo Shores Community & Maint. Inc., vs. Larry Alfred et ux Joy Carol Lynn
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Bobby H. Capers |
Sevier County | Court of Appeals | 06/21/00 | |
| State vs. John Roy Polly
M1999-00278-CCA-R3-CD
In this direct appeal, the defendant argues that he was incorrectly sentenced as a "persistent offender." We agree that the twenty-four hour merger rule bars use of one of his previous convictions and therefore reverse and remand for resentencing as a "multiple offender" within Range II.
Authoring Judge: Judge John Everett Williams
Originating Judge:William Charles Lee |
Marshall County | Court of Criminal Appeals | 06/21/00 | |
| State vs. Christopher Stacy Long
E1999-01205-CCA-R3-CD
Originating Judge:James E. Beckner |
Hamblen County | Court of Criminal Appeals | 06/21/00 | |
| Mark E. Oliver vs. State
M1999-02323-CCA-R3-PC
The petitioner, Mark E. Oliver, appeals as of right from the dismissal of his petition for writ of habeas corpus. He contends that his original sentence of sixty years as a Range II offender for the offense of second degree murder is an illegal sentence because the trial court was without jurisdiction to sentence him under the Criminal Sentencing Reform Act of 1982. We hold that the trial court lacked jurisdiction to sentence the petitioner under the 1982 Act; therefore, the sentence imposed is an illegal sentence. We remand this case to the trial court for further proceedings consistent with this opinion.
Authoring Judge: Judge John Everett Williams
Originating Judge:Timothy L. Easter |
Hickman County | Court of Criminal Appeals | 06/21/00 | |
| State vs. Glenda Dotson
E1999-02330-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Lynn W. Brown |
Sullivan County | Court of Criminal Appeals | 06/21/00 | |
| 1999-00946-COA-R3-CV
1999-00946-COA-R3-CV
Originating Judge:Jeffrey F. Stewart |
Rhea County | Court of Appeals | 06/21/00 | |
| Wilson vs. Wilson
M1999-01274-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Larry G. Ross |
Warren County | Court of Appeals | 06/20/00 | |
| State vs. Charles S. Jones
M1999-02335-CCA-R3-CD
On October 30, 1997, the defendant offered guilty pleas to six counts of aggravated burglary, five counts of theft over one thousand dollars, one count of theft under one thousand dollars, and one count of possession of an illegal weapon. After a December sentencing hearing, the trial court ordered the defendant placed on probation and granted him post-trial diversion for a period of six years during which he was to comply with a variety of requirements. Subsequently, separate affidavits were filed in July and September of 1998 alleging that the defendant had violated the terms of his probation. Following a March 1999 hearing concerning these allegations, the trial court entered judgment on the defendant's aforementioned twelve guilty pleas and sentenced him as a Range I Standard Offender to serve an effective sentence of four years for the burglary and theft charges consecutively to eighteen months for the possession of an illegal weapon offense. On appeal, the defendant claims that the trial court erred by (1) failing to consider him for alternative sentencing; (2) improperly enhancing his possession of an illegal weapon sentence and one of his aggravated burglary sentences; and (3) ordering the possession of an illegal weapon charge to run consecutively. After having reviewed the record and applicable authorities, we find these issues to be without merit and, therefore, affirm the trial court's sentence.
Authoring Judge: Judge Jerry Smith
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Criminal Appeals | 06/20/00 | |
| Paul Barnett vs. State
E1999-01583-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Lynn W. Brown |
Unicoi County | Court of Criminal Appeals | 06/20/00 | |
| State vs. Rhonda Jennings
M1999-01093-CCA-R3-CD
On October 28, 1998, at the conclusion of a bench trial, Rhonda Jennings, the defendant and appellant, was found guilty of one count of theft over five-hundred dollars and one count of theft under five-hundred dollars. Following a sentencing hearing on February 26, 1999, the trial court ordered the defendant to serve two years on community corrections after serving twenty days in jail. On April 29, 1999, a warrant was filed against the defendant alleging that she had violated a condition of her community corrections sentence. After an evidentiary hearing on July 12, 1999, the trial court revoked the defendant's community corrections sentence and re-sentenced her to eighteen months incarceration. On appeal, the appellant claims that her sentence is excessive. After a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Jerry Smith
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 06/20/00 | |
| Appellate Court To Apply a Clearly Erroneous Standard of Review, Coln v. City of Savannah, 966
1998-00091-SC-R11-CV
Originating Judge:George H. Brown |
Shelby County | Supreme Court | 06/20/00 | |
| State vs. Winfield
E1996-00012-SC-R11-CD
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Douglas A. Meyer |
Hamilton County | Supreme Court | 06/20/00 | |
| State vs. Frank Michael Vukelich
M1999-00618-CCA-R3-CD
On December 8 through December 17, 1998, Frank Vukelich, the defendant and appellant, was tried in the Davidson County Criminal Court for one count of conspiracy to deliver 700 pounds or more of marijuana, three counts of conspiracy to commit money laundering, and five counts of money laundering. The jury found the defendant not guilty of one count of conspiracy to commit money laundering, but guilty on all other counts. Following a subsequent sentencing hearing, the court effectively sentenced the defendant to thirty-four years of incarceration and ordered the defendant to pay fines totaling $180,000. After a hearing regarding the defendant's motion for new trial, however, the trial court dismissed four money laundering counts. The defendant appeals here, arguing; (1) that the trial court erroneously allowed the consolidation of indictments; (2) that although the trial court correctly dismissed four money-laundering counts, the trial court erred by refusing to dismiss the counts prior to trial, thus prejudicing the defendant; (3) that the trial court erroneously denied the defendant's motion to suppress the fruits of two search warrants executed at the defendant's home; (4) that the defendant's confrontation rights were violated by the introduction of hearsay at trial; (5) that the trial court erroneously refused to grant a mistrial; (6) that the trial court erroneously allowed the introduction of prior acts of the defendant at trial; and (7) that his sentence is excessive. The State also appeals here, arguing that the trial court's dismissal of the four money-laundering counts was erroneous. After a review of the record, we hold that the trial court erroneously dismissed the four money laundering counts, and those counts must be reinstated. As to the defendant's claims, we find no merit. Accordingly, the judgment of the trial court is affirmed in part and reversed in part.
Authoring Judge: Judge Jerry Smith
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 06/20/00 | |
| Joey Lee Smith vs. State
M1999-01896-CCA-R3-PC
In April of 1995, a Bedford County jury convicted the petitioner of one count of child rape, multiple counts of aggravated sexual battery, one count of sexual battery, and two counts of reckless endangerment. For these offenses he received an effective sentence of nineteen years. Having unsuccessfully pursued a direct appeal, the petitioner filed a pro se post-conviction petition and subsequently received appointed counsel. Through his amended petition the petitioner contended that counsel's alleged misdeeds had risen to the level of ineffective assistance of counsel and also that certain actions taken by the trial court had violated his due process rights. The trial court conducted an evidentiary hearing on these matters and denied the petitioner relief. From this denial the petitioner brings this action again asserting that he received ineffective assistance both at trial and on direct appeal. However, following our review of the record, we find that the trial court correctly denied the petition, and we, therefore, affirm the lower court's decision.
Authoring Judge: Judge Jerry Smith
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 06/20/00 | |
| Jackie William Crowe vs. State
E1998-00016-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Originating Judge:Carroll L. Ross |
McMinn County | Court of Criminal Appeals | 06/20/00 | |
| Felix Wilkey, et al vs. Rhea County, TN et al
E1999-00307-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jeffrey F. Stewart |
Rhea County | Court of Appeals | 06/20/00 | |
| Hampton-Hoover vs. Hoover
M1999-01922-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 06/20/00 | |
| State vs. Jack Welch
W1999-00860-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:J. Steven Stafford |
Dyer County | Court of Criminal Appeals | 06/20/00 | |
| State of Tennessee v. Jeffrey Antwon Burns
M1999-01830-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 06/20/00 |