COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Chester Floyd Cole
W2004-02463-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Roy B. Morgan, Jr.

The petitioner challenges the dismissal of his petition for post-conviction relief, contending that trial counsel was ineffective in: (1) failing to call requested witnesses; and (2) failing to adequately communicate with him. Upon review, we conclude that the evidence presented does not preponderate against the post-conviction court’s findings; therefore, we affirm.

Madison Court of Criminal Appeals

State of Tennessee v. Edward Johnson
W2004-02163-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Joseph B. Dailey

Following a jury trial, Defendant, Edward Johnson, was convicted of Class E felony theft, and was sentenced to serve six years imprisonment as a Range III career offender. In this appeal, Defendant contends that the trial court committed reversible error by requiring him to go to trial in this case
after he had requested a continuance. He also challenges the sufficiency of the evidence to sustain the conviction. We conclude that the evidence was sufficient to sustain the conviction. However, under the particular facts of this case as set forth in the record, we conclude that the trial court committed reversible error by denying Defendant's request for a continuance. We therefore reverse the judgment and remand for a new trial.

Shelby Court of Criminal Appeals

State of Tennessee v. George Hampton
W2004-01248-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Joseph B. Dailey

Following a jury trial, Defendant was found guilty in case No. 03-01711 of three counts of aggravated robbery, Class B felony, involving victims Henry Skelton,MarkMears, and John Norris, and one count of aggravated assault, a Class C felony, involving victim Myron Raymond. The trial court sentenced Defendant as a Range III, persistent offender, to thirty years for each aggravated robbery conviction and fifteen years for the aggravated assault conviction. Defendant was found guilty in case No. 03-01718 of one count of especially aggravated robbery, a Class A felony, of Dr. Charles White, and the trial court sentenced Defendant to sixty years as a Range III, persistent offender, for this offense. The trial court ordered Defendant’s sentences in case No. 03-01711 to be served consecutively to each other and consecutively to his sentence in case No. 03-01718, for an effective sentence of one hundred and sixty-five years. On appeal, Defendant does not challenge the sufficiency of the convicting evidence. Defendant argues, however, that the trial court’s application of enhancement factors in determining the length of his sentences violated his Sixth Amendment right to trial by jury. Defendant also argues that the trial court erred in imposing consecutive sentencing. After a thorough review of the record, we affirm the judgments of the trial court, and the imposition of consecutive sentencing.

Shelby Court of Criminal Appeals

Miqwon Deon Leach v. State of Tennessee
W2004-01702-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge William B. Acree, Jr.

Petitioner, Miqwon Deon Leach, appeals the dismissal of his petition for post-conviction relief arguing that he was denied his constitutional right to testify and that his rights under the Interstate Compact on Detainers were violated. Petitioner also contends that his trial counsel rendered ineffective assistance (1) by failing to follow the procedures set forth in State v. Momon; (2) by failing to object to the State’s failure to comply with the provisions of the Interstate Compact on Detainers, and (3) by failing to file a motion for a speedy trial. After a thorough review of the record, we affirm the judgment of the post-conviction court.

Obion Court of Criminal Appeals

Dustin Dwayne Davis v. State of Tennessee
E2004-01394-CCA-R3-PC
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Ray L. Jenkins

The petitioner, Dustin Dwayne Davis, was convicted by a jury in 1998 of especially aggravated kidnapping, aggravated robbery, misdemeanor theft and two (2) counts of aggravated rape. As a result, the petitioner was sentenced to a total effective sentence of 100 years in the Tennessee Department of Correction. On direct appeal, this Court affirmed the petitioner's convictions and sentence. See State v. Dustin Dwayne Davis, No. 03C01-9712-CR-00543, 1999 WL 135054 (Tenn. Crim. App., at Knoxville, Mar. 15, 1999), perm. app. denied (Tenn. Oct. 11, 1999). The petitioner subsequently sought post-conviction relief in which he alleged, inter alia, that he received ineffective assistance of counsel at trial. After a hearing, the petition for post-conviction relief was denied. On appeal, the petitioner challenges the post-conviction court's dismissal of the petition for post-conviction relief. Because we determine that the petitioner was afforded the effective assistance of counsel, we affirm the post-conviction court's dismissal of the petition for post-conviction relief.

Knox Court of Criminal Appeals

Roland Bennett v. State of Tennessee
E2004-01416-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Buddy D. Perry

The petitioner, Roland Bennett, is currently serving a life sentence imposed in 1984. In 2001, the petitioner's counsel filed a petition for writ of error coram nobis on the basis of newly discovered evidence. After holding an evidentiary hearing on the matter, the coram nobis court dismissed the petition, and the petitioner now brings this appeal challenging that action. Upon review, we affirm the judgment of the lower court.

Hamilton Court of Criminal Appeals

State of Tennessee v. Raschad Donnell Simpson
E2004-01962-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Judge Phyllis H. Miller

The appellant, Raschad Donnell Simpson, pled guilty to possession of cocaine for resale. As a result of the plea agreement, the appellant was sentenced to serve eight (8) years in incarceration. During his incarceration, the appellant was accepted to and participated in a bootcamp program and on August 29, 2001 was released to probation. Subsequently, a probation violation warrant was issued against the appellant alleging a violation of probation based on a new arrest and conviction. At a probation revocation hearing, the appellant pled guilty to the violation. As a result, the trial court revoked the appellant's probation and ordered him to serve the eight (8) year sentence in confinement. Because the trial court did not abuse its discretion in revoking the appellant's probation, we affirm the judgment of the trial court.

Sullivan Court of Criminal Appeals

Elton Bowers v. State of Tennessee
W2004-02407-CCA-R3-HC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Jon K. Blackwood

The Petitioner, Elton Bowers, appeals the trial court's denial of his petition for habeas corpus relief.  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 State's motion is granted. The judgment of the trial court is affirmed.

Hardeman Court of Criminal Appeals

James R. Blevins v. State of Tennessee
E2004-02497-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Lynn W. Brown

The pro se petitioner, James R. Blevins, appeals from the dismissal of his motion to reopen his post-conviction petition. The states moves the court to affirm the judgment of the trial court pursuant to Rule 20 of this court’s rules. The motion was properly dismissed for lack of merit. Accordingly, the
state's motion is granted and the judgment of the trial court is affirmed.

Washington Court of Criminal Appeals

Michael L. Smith v. State of Tennessee
E2004-02752-CCA-R3-HC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Robert E. Cupp

The petitioner, Michael L. Smith, appeals from the trial court's order denying 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 petitioner has failed 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.

Johnson Court of Criminal Appeals

Cornelius Richmond v. State of Tennessee
W2004-01258-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Bernie Weinman

The petitioner, Cornelius Richmond, appeals the Shelby County Criminal Court’s dismissal of his petition for post-conviction relief from his convictions for seven counts of aggravated robbery. He claims that Tennessee’s Post-Conviction Procedure Act as applied to his case violates the due process clause and that the trial court erred in sentencing. We affirm the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Anthony Allen
W2004-01085-CCA-R3-CD
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Judge John P. Colton, Jr.

The defendant, Anthony Allen, was convicted by a Shelby County jury and received an effective sentence of 124 years for numerous aggravated rape and aggravated robbery charges consolidated into a single trial. In this appeal, he argues: (1) the trial court erred in consolidating the indictments; (2) the trial court erred by ordering consecutive sentences; (3) the trial court erred in denying his motion to suppress a post-arrest statement; (4) the evidence is insufficient to support three of his convictions; and (5) the State failed to elect the offense for which conviction was sought in two case numbers. Following a thorough review of the record and applicable law, we reverse one of the defendant’s aggravated rape convictions and remand it for a new trial, affirm the remaining judgments of conviction, and remand the case for a new sentencing hearing to determine whether consecutive sentencing is appropriate.

Shelby Court of Criminal Appeals

Kenneth Ray Haynes v. State of Tennessee
W2004-01947-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge C. Creed Mcginley

The petitioner, Kenneth Ray Haynes, appeals the denial of his petition for post-conviction relief.  The single issue presented for review is whether the petitioner was denied the effective assistance of counsel. The judgment is affirmed.

Carroll Court of Criminal Appeals

Roy Allen Burch v. State of Tennessee
E2004-02365-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge James E. Beckner

The Appellant, Roy Allen Burch, appeals the Hawkins County Criminal Court's summary dismissal of his petition for post-conviction relief. In his petition, Burch seeks relief from his 1989 life sentence for aggravated rape. He contends that the sentence violates the recent Supreme Court decision in Blakely v. Washington, 524 U.S. __, 124 S. Ct. 2531 (2004), because the trial court applied enhancement factors not found by the jury in increasing his sentence. On appeal, Burch argues that the Blakely holding announces a new rule of law and is, thus, entitled to retroactive application in a post-conviction proceeding. After review, we conclude that the issue has been rendered moot by the recent Tennessee Supreme Court opinion, State v. Edwin Gomez and Jonathan S. Londono, No. M2002-01209-SC-R11-CD (Tenn. Apr. 15, 2004), reh'g denied, (May 18, 2005), holding that the Tennessee Sentencing Reform Act of 1989 is not violative of the Sixth Amendment right to a jury trial. Accordingly, the summary dismissal is affirmed.

Hawkins Court of Criminal Appeals

State of Tennessee v. Jerry Wayne Patterson
W2004-00397-CCA-R3-CD
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Judge Julian P. Guinn

The defendant, Jerry Wayne Patterson, was convicted by jury of attempted first degree murder, a ClassA felony, and sentenced to forty years in the Tennessee Department of Correction as a Range II, multiple offender. On appeal, the defendant presents three issues for review: (1) whether the trial court erred by denying the defendant’s motion to suppress his confession; (2) whether the trial court erred by denying the defendant’s motion for judgment of acquittal; (3) whether the evidence was sufficient to support a guilty verdict for attempt to commit first degree murder. Upon review of the record and applicable law, we affirm the judgment of the trial court.

Henry Court of Criminal Appeals

State of Tennessee v. Jerry Wayne Patterson - Concurring
W2004-00397-CCA-R3-CD
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Judge Julian P. Guinn

The majority concludes that the defendant’s statement to Sheriff’s Investigator Lowe was voluntarily given. For the reasons expressed below, I am unable to join in this conclusion.

Henry Court of Criminal Appeals

Mario Leggs v. Howard Carlton, Warden and the State of Tennessee
E2005-00136-CCA-R3-HC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Lynn W. Brown

The petitioner, Mario Leggs, appeals from the trial court's dismissal of 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.

Johnson Court of Criminal Appeals

State of Tennessee v. Tiffany Yvonne Marshall
E2004-01848-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Lillie Ann Sells

The Appellant, Tiffany Yvonne Marshall, appeals the revocation of her probation by the Cumberland County Criminal Court. On April 5, 2004, Marshall pled guilty to theft over $1,000 and theft under $500 and received an effective four-year sentence. These sentences were suspended, and Marshall was placed on probation to be supervised by community corrections. On May 25, 2004, a probation violation warrant issued alleging Marshall had committed the offenses of identity theft, possession of a Schedule IV controlled substance, and possession of a Schedule VI controlled substance. Following a revocation hearing, Marshall was found to be in violation of her probation, and her original sentence to the Department of Correction was reinstated. On appeal, Marshall argues: (1) that the trial court violated Blakely v. Washington; (2) that the evidence fails to establish that she violated probation; and (3) that the trial court acted "too harshly" by revoking her probation. After review, we find no error and affirm the judgment of the trial court.

Cumberland Court of Criminal Appeals

Martin E. Walker v. Howard Carlton, Warden
E2005-00398-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Lynn W. Brown

The Petitioner, Martin E. Walker, filed a petition for writ of habeas corpus seeking relief from an allegedly void judgment, which the habeas corpus court dismissed. On appeal, the Petitioner contends that the habeas corpus court erred in dismissing his petition because: (1) count one of the indictment charging him with murder is defective because it did not provide notice of the offense charged; (2) the indictment is invalid because the district attorney failed to sign it; and (3) the State failed to comply with the trial court's order for a bill of particulars. Finding no error in the judgment of the habeas corpus court, we affirm the dismissal of the Petitioner's petition for habeas corpus relief.

Johnson Court of Criminal Appeals

State of Tennessee v. Earl D. Mills
E2004-01218-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Ray L. Jenkins

The appellant, Earl D. Mills, pled guilty to vehicular homicide. As a result of the guilty plea, the remaining nine (9) counts of the indictment were either merged with the vehicular homicide conviction or nolle prossed by the State. The trial court sentenced the appellant to twelve (12) years as a multiple offender. At the sentencing hearing, the appellant sought pre-trial jail credit for the 197 days he spent in jail prior to his guilty plea. The trial court denied the request because the appellant was serving a sentence on an unrelated probation violation charge while awaiting trial on the charges arising out of the indictment for vehicular homicide. The appellant filed a motion to reconsider. The trial court granted the motion and awarded the appellant thirty-six (36) days of jail credit. However, the appellant insists he should receive credit for the entire 197 days. For the following reasons, we affirm the judgment of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. William J. Carrico
E2004-02231-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James E. Beckner

The Petitioner, William J. Carico, was convicted of aggravated rape, and the trial court sentenced him to twenty-five years in prison. Subsequently, the Petitioner filed a petition for post-conviction relief, and the post-conviction court dismissed the petition as untimely. On appeal, the Petitioner contends that Blakely v. Washington, 542 U.S. __, 124 S.Ct. 2531 (2004) announced a new rule of constitutional law that applies retroactively to his case and creates an exception to the one-year statute of limitations for filing a post-conviction petition. Finding no reversible error, we affirm the judgment of the post-conviction court.

Hawkins Court of Criminal Appeals

State of Tennessee v. Derwood Scott Kendrick
E2004-02260-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Jerry L. Smith

The defendant, Derwood Scott Kendrick, was on probation for several convictions of attempted misapplication of contract funds and one (1) conviction of illegal voting. While on probation, the defendant was arrested for theft, misapplication of contract funds and passing worthless checks. The trial court held a probation revocation hearing. At the conclusion of the hearing, the trial court revoked the defendant's probation. The defendant appealed this revocation on the grounds that: (1) the trial court erred in refusing to divest the media privilege for a news reporter and (2) there was insufficient evidence for the trial court to revoke his probation. We have analyzed the issues and find that the trial court did not err in refusing to divest the media privilege. However, we also find that the evidence does not support the revocation of the defendant's probation. We affirm in part and reverse in part the decision of the trial court, and remand for further proceedings in accordance with this opinion.

Hamilton Court of Criminal Appeals

State of Tennessee v. Ricky Estes
M2004-01911-CCA-R3-CD
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Judge Leon C. Burns, Jr.

The defendant, Ricky Estes, was convicted of burglary of an automobile, theft under $500.00, and possession of drug paraphernalia. The trial court sentenced the defendant as a multiple offender to four years, eleven months, and twenty-nine days. On appeal, the defendant raises the following issues: (1) whether the trial court erred in denying his pre-trial motion for a continuance; (2) whether the evidence is sufficient to support his convictions; and (3) whether the trial court erred in sentencing the defendant. Upon review, we affirm the judgments of the trial court.

DeKalb Court of Criminal Appeals

State of Tennessee v. Lamonn Lee Harris
M2004-02443-CCA-R3-CD
Authoring Judge: Judge J. C. McLin
Trial Court Judge: Judge W. Charles Lee

The defendant, Lamonn Lee Harris, entered an open guilty plea to fourteen counts of forgery, Class E felonies, and one count of theft less than $500.00, a Class A misdemeanor. He was sentenced to an effective sentence of six years as a Range I, standard offender. On appeal, he argues that the trial court erred in denying alternative sentencing and in imposing an excessive sentence. Following our review, we affirm the judgments of the trial court.

Marshall Court of Criminal Appeals

State of Tennessee v. Beverly Dixon
W2004-00194-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Arthur T. Bennett

The defendant, Beverly Dixon, pleaded guilty to one count of felony Class B theft of property over $60,000. The trial court imposed an incarcerative eight-year sentence and denied any form of alternative sentencing. On appeal, the defendant argues that the sentencing process was flawed by the introduction of prejudicial hearsay and that the trial court should have granted probation or placement into a community corrections program. We affirm the judgment of the trial court.

Shelby Court of Criminal Appeals