APPELLATE COURT OPINIONS

Defendant, Hughes D. Cadwell, was convicted in the Williamson County General Sessions Court for driving on a suspended license on December 23, 1997. He received a ninety-day suspended sentence and six months probation. On June 22, 1998, a probation violation warrant was issued, alleging that Defendant had failed to maintain monthly contact with his probation officer and that he had failed to pay probation fees and respond to a written request for action. Defendant was not arrested on the warrant until February 6, 2002. At the February 13, 2002, hearing in Williamson County General Sessions Court, Defendant pled true to the probation violation, and the court ordered him to serve the ninety-day sentence. Defendant appealed to the Williamson County Circuit Court on February 15, 2002. The circuit court conducted a hearing to determine whether to reinstate Defendant's probation. The court then dismissed the appeal on the basis that it lacked jurisdiction because Defendant had pled true to the probation violation. We conclude that the circuit court had jurisdiction to hear Defendant's appeal from the general sessions court, de novo, and therefore, we remand the case to the circuit court for proceedings consistent with this opinion.

Appellant, Clara Jean Neblett, was indicted by the Robertson County Grand Jury for aggravated assault and unlawful possession of a weapon. A jury found Appellant guilty of both counts. Appellant was sentenced to four years for her aggravated assault conviction and thirty days for her possession of a weapon conviction, to be served concurrently. In this appeal, Appellant challenges: (1) the trial court's ruling that defense counsel could not impeach the victim's testimony using extrinsic evidence of a prior bad act; (2) the trial court's denial of post-trial diversion; and (3) the trial court's refusal to apply mitigating factors to Appellant's sentence. After a careful review of the record, we affirm the judgments of the trial court.

The Defendant was indicted for first degree premeditated murder and a Monroe County jury convicted him of the lesser-included offense of second degree murder. The trial court sentenced him to twenty years' incarceration. In this appeal as of right, the Defendant argues (1) that he was denied his right to a speedy trial; (2) that the trial court erred by refusing to allow the defense to question police officers about the victim's reputation for violence; (3) that the trial court erred by excluding from evidence an audiotape of a pretrial statement by witness Casey Miller; and (4) that the trial court erred in instructing the jury regarding first degree murder and second degree murder. After a careful review of the jury instructions in this case, which fail to define "knowingly," we reverse the judgment of the trial court and remand for a new trial.

A Cumberland County jury convicted the Defendant for possession of a handgun while under the influence, a Class A misdemeanor. On appeal, the Defendant challenges the sufficiency of the convicting evidence. Because we conclude that the evidence is sufficient, we affirm the judgment of the trial court.

A Shelby County jury convicted the defendant, Chauncey Daugherty, of driving under the influence, second offense. The trial court sentenced him to eleven months and twenty-nine days and ordered 180 days be served in the county workhouse followed by probation. On appeal, the defendant maintains the evidence was insufficient to support the conviction. We affirm the judgment of the trial court.

The appellant, Willie Lee Davidson, pled guilty to the offenses of hindering a secured creditor and the sale of cocaine. As part of the plea agreement the appellant agreed to a sentence of two years for the former offense and three years for the latter. By agreement the sentences were to run concurrently, with the manner of service to be left to the trial court. The trial court denied any form of alternative service of the appellant's effective three-year sentence and ordered the appellant to serve his sentence in incarceration. From this decision the appellant brings this appeal. After reviewing the record and applicable authorities, we hold there is no reversible error in this case. The judgment of the trial court is therefore affirmed.

After pleading guilty in the Cheatham County Circuit Court to felony possession of a firearm, the appellant, Douglas R. Beecham, was placed on probation. Immediately after the institution of probation, the appellant submitted a falsified urine sample to his probation officer to use in a drug screen. Based upon the falsified sample, the trial court revoked the appellant's probation and ordered the appellant to serve a portion of his sentence in confinement and the balance on probation. On appeal, the appellant complains that the trial court erred in revoking his probation. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

The defendant was convicted of voluntary manslaughter, attempted voluntary manslaughter, attempted aggravated robbery, and attempted especially aggravated robbery. He was sentenced to six years for the voluntary manslaughter conviction, four years for the attempted voluntary manslaughter conviction, six years for the attempted aggravated robbery conviction, and twelve years for the attempted especially aggravated robbery conviction. The attempted voluntary manslaughter conviction was ordered concurrent with the other three convictions which were ordered consecutive to one another, for an effective sentence of twenty-four years. On appeal, the defendant raises three issues for our review: (1) whether the evidence was sufficient to support his convictions; (2) whether the trial court committed plain error by allowing testimony concerning his gang affiliations; and (3) whether the trial court appropriately sentenced the defendant. Following our review, we affirm the judgments of the trial court.

Following a transfer of this case from juvenile court to circuit court for trial, a Tipton County jury convicted the defendant, sixteen-year old Howard Jefferson Atkins, of first-degree premeditated murder. The trial court subsequently ordered the defendant to serve a life sentence with the possibility of parole. The defendant now brings this direct appeal of his conviction, challenging: (1) whether the trial court properly denied his motion to suppress his pre-trial statements to police; (2) whether the state's peremptory strike of four female jurors violated Batson v. Kentucky, 476 U.S.79 (1986); (3) whether the state improperly extracted a promise from the jury during voir dire; (4) whether the trial court erred by allowing the victim's son to offer certain testimony regarding the victim's peaceable character; (5) whether the trial court erred by failing to give a curative instruction following the victim's son's testimony; (6) whether the trial court erred by allowing testimony describing the graphic nature of photos that the court ruled were inadmissible because of their overly prejudicial nature; (7) whether the trial court erred by allowing the medical examiner to testify that she had retained certain bones from the victim's body for forensic pathology; and (8) whether the evidence is sufficient to support the defendant's conviction for first degree murder. After reviewing the record and applicable law, we find that none of the defendant's allegations merit relief and accordingly affirm the judgment of the lower court.

In his pro se appeal, Petitioner, Christopher Johnson, seeks to reverse the trial court's dismissal of his petition for a writ of habeas corpus. In the petition, he contends that his sentence for second degree burglary has expired. We affirm the judgment of the trial court.

The defendant was convicted of delivery of less than .5 grams of cocaine, a Class C felony, and sentenced to eight years as a Range II, multiple offender, to be served consecutively to a sentence for a prior conviction. In a timely appeal to this court, she raises the sole issue of whether the evidence was sufficient to support her conviction. Following our review, we affirm the judgment of the trial court.

Defendant, Wesley D. Whittington, entered guilty pleas to the charges of possession of marijuana with the intent to sell or deliver, a Class E felony, and possession of drug paraphernalia, a Class A misdemeanor. Defendant and the State agreed to sentences of one year for the felony conviction and eleven months and twenty-nine days for the misdemeanor conviction, to be served concurrently. The negotiated plea agreement further stated that the trial court would determine the manner in which Defendant would serve his sentences. Following a sentencing hearing, the trial court ordered Defendant’s sentences to be served in confinement. Defendant appeals the trial court’s refusal to order alternative sentencing. After a careful review of the record, we affirm the judgments of the trial court.