COURT OF CRIMINAL APPEALS OPINIONS

John C. Johnson v. State of Tennessee
M2004-02675-CCA-R3-CO
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The petitioner, John C. Johnson, filed a petition for post-conviction relief and a petition for a writ of error coram nobis. After an evidentiary hearing, the post-conviction court denied the petition for post-conviction relief. The petition for writ of error coram nobis was dismissed without a full evidentiary hearing. In this consolidated appeal, the petitioner challenges the post-conviction court’s rulings on both petitions.1 Upon our review of the record and the parties’ briefs, we affirm the dismissal of the petition for a writ of error coram nobis. However, we reverse the denial of post-conviction relief and remand for a new trial.

Davidson Court of Criminal Appeals

State of Tennessee v. Michael Burnette
E2005-00002-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge E. Eugene Eblen

The Appellant, Michael Burnette, was convicted by a Roane County jury of aggravated robbery and sentenced to ten years in the Department of Correction. On appeal, Burnette raises two issues for our review: (1) whether the evidence is sufficient to support the conviction; and (2) whether his sentence is excessive. After review, the judgment of conviction and resulting sentence are affirmed

Roane Court of Criminal Appeals

State of Tennessee v. Roger Alan Lawson
E2005-01388-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Phyllis H. Miller

The Appellant, Roger Alan Lawson, appeals the sentencing decision of the Sullivan County Criminal Court following the revocation of his suspended sentences. While on supervised probation, a violation warrant was issued alleging that Lawson had failed to obey the law by driving on a revoked license. After a revocation hearing, Lawson was found to be in violation of his probation, and his original effective eight-year sentence to the Department of Correction was reinstated. On appeal, Lawson argues that the trial court abused its discretion by ordering confinement of the eight-year sentence instead of reinstating his probation. After review, we find no error and affirm the judgment of the trial court.

Sullivan Court of Criminal Appeals

State of Tennessee v. Michael Forrest Bandy
W2005-01977-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Joseph H. Walker, III

The defendant, Michael Forrest Bandy, appeals his convictions of first degree felony murder and aggravated child abuse, a Class A felony. The sole issue on appeal is the sufficiency of the evidence.  Upon review, we conclude that the evidence is sufficient to support the convictions and affirm the same.

Tipton Court of Criminal Appeals

State of Tennessee v. Courtney Means
W2005-00682-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge James C. Beasley, Jr.

Defendant, Courtney Means, was convicted of three aggravated robberies and sentenced to twelve years in each case, with two of the sentences to be served consecutively. On appeal, he argues that the evidence is insufficient to sustain the convictions; the trial court erred in allowing the hearsay statement of a deceased victim to be admitted as an excited utterance; and the court erred in sentencing. Following our review, we affirm the judgments.

Shelby Court of Criminal Appeals

State of Tennessee v. Steve Allen Click
E2004-02655-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant, Steve Allen Click, was convicted of three counts of aggravated rape and one count of evading arrest. The trial court imposed consecutive sentences of forty years for each aggravated rape and a concurrent sentence of eleven months and twenty-nine days for evading arrest. The effective sentence is, therefore, 120 years. In this appeal, the defendant asserts (1) that the trial court erred by failing to merge two of the aggravated rape convictions; (2) that the evidence is insufficient to support the convictions for aggravated rape; (3) that the prosecutor's closing argument was improper; and (4) that the trial court erred by imposing consecutive sentences. The judgments of the trial court are affirmed.

Blount Court of Criminal Appeals

State of Tennessee v. Janis Sue Watson and Albert Eugene Brooks
E2004-02145-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge James E. Beckner

Janis Sue Watson and Albert Eugene Brooks, the co-defendants, were convicted of first degree premeditated murder and conspiracy to commit first degree murder, a Class A felony. Each co-defendant received concurrent sentences of life in prison and twenty years, respectively. The co-defendants’ consolidated appeals address both the convictions and sentences. Having found no reversible error, the convictions and sentences of both co-defendants are affirmed.

Hamblen Court of Criminal Appeals

State of Tennessee v. Albert Jones
W2004-02554-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge J. C. McLin

The defendant, Albert Jones, was convicted by a Shelby County Criminal Court jury of first degree premeditated murder and sentenced to life imprisonment. In this direct appeal, he argues that the evidence was insufficient to sustain a first degree murder conviction and the trial court erred by denying his request for a special jury instruction on the State’s burden of proof. Finding no error, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Jon A. Engle
W2005-01087-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Roy B. Morgan, Jr.

Defendant, Jon A. Engle, was convicted of DUI and sentenced to eleven months and twenty-nine days, with all but ten days suspended, and a fine of $1,500 and costs. He appealed, arguing that the arresting officers did not have reasonable suspicion to stop his vehicle. However, Defendant filed neither a motion to suppress the stop in the trial court nor a motion for new trial. Accordingly, we conclude that this issue is waived and affirm the judgment of the trial court.

Chester Court of Criminal Appeals

Shon Maurice Pierce v. State of Tennessee
W2005-01493-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Lee Moore

The petitioner, Shon Maurice Pierce, appeals the Dyer County Circuit Court’s denial of his petition for post-conviction relief for second degree murder and resulting twenty-year sentence. He contends that he received the ineffective assistance of counsel because his trial attorney allowed him to plead guilty before the trial court held a hearing on his motion to suppress his confession. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

Dyer Court of Criminal Appeals

State of Tennessee v. Ricky Lynn Norwood, Alias
E2005-00704-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Richard R. Baumgartner

This state appeal, initially filed as a Tennessee Rule of Appellate Procedure 3 appeal, is deemed by this court an interlocutory appeal pursuant to Tennessee Rule of Appellate Procedure 10. The state seeks review of the Knox County Criminal Court’s determination that, in the on-going driving under the influence (DUI) prosecution of the defendant, Ricky Lynn Norwood, a 1997 DUI conviction may not be used to enhance punishment. Because the record and the applicable law support the trial court’s ruling, we affirm the order.

Knox Court of Criminal Appeals

State of Tennessee v. Ronald E. Wade
M2004-02888-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Steve R. Dozier

Following a jury trial, Defendant, Ronald E. Wade, was convicted of one count of facilitation of possession of over twenty-six (26) grams of cocaine for sale, a Class C felony, one count of facilitation of possession of over one and one-half ounces of marijuana for sale, a Class A misdemeanor, and one count of facilitation of possession of a weapon in commission of an offense, also a Class A misdemeanor. Defendant received a sentence of four years for the felony conviction, suspended after thirty days incarceration, with four years of probation, and a one thousand dollar fine. He received a suspended sentence of eleven months and twenty-nine days, to be served on probation, for each misdemeanor conviction. All sentences were ordered to be served concurrently with each other. On appeal, Defendant argues that the trial court erred in denying his motion to suppress all evidence obtained pursuant to a warrant authorizing a search of his house. We affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

John W. Brewer, III v. State of Tennessee
M2005-00302-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The petitioner, John W. Brewer, III, appeals from the Davidson County Criminal Court’s dismissal of his petition for post-conviction relief from his guilty plea to second degree murder, a Class A felony, for which he received a nineteen-year sentence. He contends that he received the ineffective assistance of counsel, rendering his guilty plea involuntary. We affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

Patrick Thurmond v. State of Tennessee
M2005-00214-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Seth Norman

The petitioner, Patrick Thurmond, appeals from the Davidson County Criminal Court’s dismissal of his petition for post-conviction relief from his convictions for two counts of aggravated rape, one count of attempted aggravated rape, one count of aggravated sexual battery, and one count of aggravated burglary and effective sentence of fifty years. He contends he received the ineffective assistance of counsel because his attorney failed to remove prospective jurors from the jury panel, failed to exclude physical evidence, failed to object to hearsay testimony, failed to call an alibi witness, and advised the petitioner not to testify. We affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

Waymon Perry Russell v. State of Tennessee
W2005-00311-CCA-R3-HC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Joseph H. Walker, III

The petitioner, Waymon Perry Russell, filed a petition in the Hardeman County Circuit Court seeking a writ of habeas corpus. The petitioner alleged that the trial court imposed concurrent sentences when consecutive sentencing was mandatory. The habeas corpus court dismissed the petition without appointing counsel or conducting an evidentiary hearing. The petitioner challenges the dismissal. Upon our review of the record and the parties’ briefs, we affirm the judgment of the
habeas corpus court.

Hardeman Court of Criminal Appeals

State of Tennessee v. Albert James Saavedra
M2004-02889-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Robert E. Burch

The Defendant, Albert James Saavedra, was indicted on one count of first degree murder and one count of attempted first degree murder. He was convicted for the lesser-included offense of voluntary manslaughter and for the indicted offense of attempted first degree murder. The trial court reduced the conviction for attempted first degree murder to attempted second degree murder, finding that the evidence was insufficient to prove that the Defendant acted with premeditation. The trial court also sentenced the Defendant to an effective sentence of fourteen years in the Department of Correction. The Defendant appeals, contending that: (1) the evidence is insufficient to sustain his conviction for attempted second degree murder; (2) the trial court erred by not instructing the jury on aggravated assault as a lesser-included offense of attempted first degree murder; (3) the trial court erred when it took his motion for judgment of acquittal under advisement and when it denied this motion with respect to attempted second degree murder; and (4) the trial court erred when it denied his Rule 33(f) motion. Finding that there exists no reversible error, we affirm the judgments of the trial court.

Humphreys Court of Criminal Appeals

State of Tennessee v. Bobby Wayne Jenkins and Tareaun D. Griffin
M2005-00593-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Cheryl A. Blackburn

This is a direct appeal as of right by Defendant Tareaun D. Griffin from convictions entered on a jury verdict of especially aggravated robbery and attempted second degree murder, and an appeal by Defendant Bobby Wayne Jenkins from his conviction entered on a jury verdict of especially aggravated robbery. Defendant Jenkins was sentenced to twenty years for his especially aggravated robbery conviction. Defendant Griffin was sentenced to twenty years for his especially aggravated robbery conviction and eleven years for his attempted second degree murder conviction, with the sentences to run consecutively for an effective thirty-one year sentence. On appeal, Defendant Griffin raises two issues: (1) the trial court erred in failing to charge the jury with instructions on self-defense, and (2) the court erred in imposing consecutive sentencing. Defendant Jenkins raises two separate issues: (1) the trial court erred in excluding the testimony of an expert witness, and (2) the court erred in failing to impose a mitigated sentence. We affirm the judgments of the trial court.

Davidson Court of Criminal Appeals

Michelle Allen & Mark Allen v. State of Tennessee
M2005-00601-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Michael R. Jones

The Robertson County Grand Jury indicted Mark Allen with one count of exhibition of materials harmful to a minor, one count of especially aggravated sexual exploitation, and one count of rape of a child. Michelle Allen was indicted with three counts of rape of a child. Following a jury trial, Mr. Allen was convicted of all three counts, and Mrs. Allen was convicted for two counts of rape of a child. The third count was dismissed. The trial court sentenced Mr. Allen to an effective sentence of twenty-four years and Mrs. Allen to an effective sentence of twenty-one years. The defendants appeal the judgments of the trial court. They argue that the evidence was insufficient to support their convictions and that the trial court erred in sentencing them. We affirm the judgments of the trial court.

Robertson Court of Criminal Appeals

William Rhea Jackson v. State of Tennessee
M2005-00528-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steve R. Dozier

A Davidson County jury convicted the Petitioner, William Rhea Jackson, of robbery, rape, aggravated burglary, attempted rape, aggravated kidnapping, and misdemeanor theft. This Court affirmed the convictions on direct appeal, and the Tennessee Supreme Court denied review. The Petitioner filed a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. The Petitioner appeals, contending that his trial counsel rendered ineffective assistance of counsel. After thoroughly reviewing the record and the applicable law, we conclude that there exists no reversible error. Accordingly, we affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

Gerald Johnson v. State of Tennessee
M2005-01225-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steve R. Dozier

Pursuant to a plea agreement, the Petitioner, Gerald E. Johnson, pled guilty to one count of possession with intent to sell or deliver under 0.5 grams of cocaine. The trial court sentenced the Petitioner to seven years as a Range II, multiple offender. The Petitioner filed a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. The Petitioner appeals, contending that his trial counsel rendered ineffective assistance of counsel. After thoroughly reviewing the record and the applicable law, we conclude that there exists no reversible error. Accordingly, we affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

State of Tennessee v. Jermeil Ralph Tarter
E2005-01013-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge Jerry Scott

The defendant, Jermeil Tarter, was convicted of one count of sale of more than .5 grams of cocaine within one thousand feet of a school, one count of delivery of more than .5 grams of cocaine within one thousand feet of a school, and one count of possession of more than .5 grams of cocaine within one thousand feet of a school. The trial court initially merged the convictions for delivery and possession of cocaine into the conviction for the sale of cocaine and then later dismissed the convictions for delivery of cocaine and possession of cocaine. The trial court imposed a Range I sentence of twenty years in the Department of Correction. In this appeal, the defendant asserts that the evidence was insufficient to support the convictions, that the trial court erred by permitting the surveillance tape to be admitted into evidence, and that the trial court erred by permitting the prosecutor to vouch for the truthfulness of the state's witnesses. The state challenges on appeal the trial court's ruling dismissing the conviction for possession of cocaine. The convictions and sentence are affirmed. The judgment of the trial court dismissing the convictions for delivery and possession of cocaine is reversed. The judgment of conviction for sale of more than .5 grams of cocaine is modified to show that the convictions for delivery of more than .5 grams of cocaine and possession of more than .5 grams of cocaine have been merged into one judgment.

Sullivan Court of Criminal Appeals

State of Tennessee v. Charles Humphries
W2005-00016-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Joseph B. Dailey

The defendant, Charles Humphries, was convicted of first degree premeditated murder and aggravated assault (a Class C felony) and received Range II consecutive sentences of life imprisonment and ten years. On appeal, he challenges the sufficiency of the evidence to establish
the element of premeditation and the imposition of consecutive sentences. Upon thorough review, we affirm the convictions and sentences of the Shelby County Criminal Court.

Shelby Court of Criminal Appeals

Corvack Shaw v. State of Tennessee
W2005-01332-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge W. Otis Higgs, Jr.

The Petitioner, Corvack Shaw, appeals the lower court’s denial of his motion requesting relief  from an invalid sentence. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to establish his entitlement to relief from an unconstitutional or invalid sentence. Accordingly, we affirm the trial court’s dismissal.

Shelby Court of Criminal Appeals

State of Tennessee v. Larry Allen Whited and William Henry Rutherford - Dissenting
M2005-00167-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Jane W. Wheatcraft

The majority affirms the Defendant Whited’s conviction for aggravated assault concluding that “a rational jury could easily infer that [seventeen-month-old] Tristian was in reasonable fear of imminent bodily injury . . . .” For the reasons discussed below, I respectfully dissent.

Sumner Court of Criminal Appeals

State of Tennessee v. Larry Allen Whited and William Henry Rutherford
M2005-00167-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Jane W. Wheatcraft

The Defendants were convicted of second degree murder and reckless endangerment. Defendant Whited was also convicted of three counts of aggravated assault. On appeal, both Defendants argue that the trial court erred by allowing the State to introduce evidence of certain activity they engaged in after the crimes were committed, and that the evidence is insufficient to support their convictions.  Defendant Whited argues that the trial court erred by denying his motion to suppress the statement he gave to the police. Both Defendants also challenge the trial court’s sentencing determination.  After review, we affirm the trial court’s judgments in all respects.

Sumner Court of Criminal Appeals