COURT OF CRIMINAL APPEALS OPINIONS

James Edward Dicken v. State of Tennessee
M2003-01455-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R. Wade
Trial Court Judge: Judge Jane W. Wheatcraft

The petitioner, James Edward Dicken, appeals the denial of his petition for post-conviction relief. He contends that he was denied the effective assistance of counsel. The judgment of the post-conviction court is affirmed.

Sumner Court of Criminal Appeals

State of Tennessee v. Anthony Charles Henderson
M2003-02145-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Leon C. Burns, Jr.

On August 1, 2001, Defendant, Anthony Charles Henderson, entered guilty pleas to two counts of sale of cocaine in an amount less than .5 grams, a Class C felony. See Tenn. Code Ann. § 39-17-417. Defendant received concurrent sentences of five years for his convictions with ninety days to be served in confinement and the remainder to be served on supervised probation. Defendant was also ordered to pay $2,000 in fines. On July 24, 2002, a violation of probation warrant was issued. Following an evidentiary hearing, the trial court found that Defendant violated the conditions of his probation and ordered Defendant to serve his original sentences in confinement. Defendant appeals the trial court’s revocation of probation, arguing that there was no substantial evidence to support the revocation. Defendant also argues that the sentences imposed following the revocation were excessive. After reviewing the record on appeal, we conclude that the trial court did not abuse its discretion in revoking Defendant’s probation and ordering Defendant to serve his original sentences in confinement.

White Court of Criminal Appeals

State of Tennessee v. Steven A. Meyer
M2003-02297-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Michael R. Jones

At his first trial, the defendant, Steven A. Meyer, was convicted of first degree murder and the trial court, sua sponte, overturned the jury verdict, concluding that it was against the weight of the evidence. At the second trial, the jury again found the defendant guilty of first degree premeditated murder, and he was sentenced to life imprisonment. On appeal, he argues that the evidence was insufficient to sustain his conviction. Following our review, we affirm the judgment of the trial court.

Montgomery Court of Criminal Appeals

State of Tennessee v. Randy Anderson
W2003-01472-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Julian P. Guinn

The appellant, Randy Anderson, pled guilty in the Henry County Circuit Court to manufacturing
methamphetamine and was sentenced to three years, with 180 days to be served in confinement and the balance to be served in the community corrections program. The trial court ordered the sentence to be served concurrently with a previous sentence in Madison County. The trial court subsequently revoked the appellant’s community corrections sentence and resentenced the appellant to four years in the Tennessee Department of Correction, to be served consecutively to sentences imposed in Weakley and Dyer Counties. On appeal, the appellant challenges the imposition of consecutive sentencing. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court.

Henry Court of Criminal Appeals

Orlando Malone v. State of Tennessee
E2003-02095-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Carroll L. Ross

The petitioner, Orlando Malone, appeals the denial of post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel. The judgment is affirmed.

Bradley Court of Criminal Appeals

Billy David Grubb v. State of Tennessee
E2003-02189-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Ray L. Jenkins

The petitioner, Billy David Grubb, pled guilty in 2001 to first degree premeditated murder and especially aggravated burglary for which he was sentenced, respectively, to consecutive sentences of life without parole and twelve years. Subsequently, he filed a timely petition for post-conviction relief, which was amended by counsel, claiming, inter alia, that trial counsel had been ineffective by not seeking a pretrial mental evaluation. Following an evidentiary hearing, the post-conviction court dismissed the petition. After review, we affirm the dismissal.

Knox Court of Criminal Appeals

Jimmy Leslie Sluder v. State of Tennessee
E2003-02222-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Ray L. Jenkins

The petitioner, Jimmy Leslie Sluder, appeals the trial court's dismissal of his petition for habeas corpus relief. The single issue presented for review is whether the trial court erred by dismissing the petition for writ of habeas corpus without an evidentiary hearing. The judgment is affirmed.

Knox Court of Criminal Appeals

Charles Orlando Fields v. State of Tennessee
W2003-02051-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge William B. Acree

The petitioner, Charles Orlando Fields, was found guilty by a jury in the Obion County Circuit Court of one count of selling .5 grams or more of a substance containing cocaine within one thousand feet of a school zone. The petitioner was sentenced to thirty-three years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for post-conviction relief, alleging that he received the ineffective assistance of trial counsel. After an evidentiary hearing, the post-conviction court found that the petitioner’s claims were waived and that regardless of waiver, the petitioner failed to prove prejudice. The petitioner appeals. Upon our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

Obion Court of Criminal Appeals

In re: Guy James Bonding
M2003-01033-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Don R. Ash

The appellant, Guy James Bonding, appeals the order of the Rutherford County Circuit Court denying its petition for reimbursement of a forfeited bail bond in the case of criminal defendant Valissa Granderson. Following a review of the record and the parties' briefs, we reverse the judgment of the trial court and remand for a hearing at which the trial court shall determine to what relief, if any, the appellant is entitled.

Rutherford Court of Criminal Appeals

State of Tennessee v. Dee Thompson
M2003-01149-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Seth W. Norman

The appellant, Dee W. Thompson, was convicted by a jury in the Davidson County Criminal Court of three counts of aggravated rape. He was sentenced to life imprisonment without the possibility of parole. On appeal, the appellant challenges the sufficiency of the evidence supporting his convictions, the trial court's rulings regarding the admissibility of prior testimony, and the qualification of a witness to testify as an expert. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.

Davidson Court of Criminal Appeals

State of Tennessee v. Jeffery Bowers
W2003-01203-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Jon Kerry Blackwood

The defendant, Jeffery Bowers, appeals his misdemeanor speeding convictions in the Fayette County Circuit Court, claiming that the trial court improperly denied his request for time to obtain an attorney and, therefore, that he was denied his Sixth Amendment right to counsel. We affirm the judgments of the trial court.

Fayette Court of Criminal Appeals

State of Tennessee v. Michael Ward, II
M2003-00734-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge L. Craig Johnson

The Defendant, Michael Ward, II, was convicted by a jury of attempted second degree murder, aggravated spousal rape, especially aggravated kidnapping, aggravated robbery, and aggravated burglary. In this direct appeal, the Defendant raises five issues: (1) whether the evidence is sufficient to sustain his five convictions; (2) whether double jeopardy bars multiple convictions that all require proof of the element of serious bodily injury; (3) whether the trial court erred by admitting evidence of the Defendant's prior bad acts; (4) whether the Defendant was prejudiced by the State's failure to provide him with discovery items; and (5) whether the Defendant is entitled to a new trial based on the cumulative effect of the alleged trial errors. We affirm the judgments of the trial court.

Coffee Court of Criminal Appeals

William Osepczuk v. State of Tennessee
M2003-01601-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Stella L. Hargrove

The petitioner, William Osepczuk, was convicted of attempted first degree murder and sentenced to confinement for twenty-five years. After his conviction and sentence were affirmed on direct appeal, he filed a petition for post-conviction relief, alleging that trial counsel had been ineffective. Following an evidentiary hearing, the post-conviction court denied the petition, and this timely appeal resulted. After review, we affirm the denial of the petition.

Lawrence Court of Criminal Appeals

Charles Jones v. State of Tennessee
M2003-01851-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Steve R. Dozier

The petitioner, Charles William Jones, appeals the denial of post-conviction relief relating to his conviction for second degree murder. On appeal, the petitioner contends the trial court erroneously instructed the jury regarding the definition of "knowingly" as applied to second degree murder. We affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

Frank Sumner v. State of Tennessee
M2003-01922-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Timothy L. Easter

The Petitioner, Frank Sumner, 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's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

Hickman Court of Criminal Appeals

Mandrall Porter v. State of Tennessee
M2003-02525-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Robert L. Holloway

The Petitioner, Mandrall Porter, 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's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. After a review of the record, this court determines that petitioner's claims must fail. Petitioner has failed to present any evidence that his sentence has expired or that his conviction for especially aggravated robbery is void. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

Wayne Court of Criminal Appeals

Timothy Taylor v. Kevin Myers, Warden
M2003-02754-CCA-R3-HC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Robert L. Holloway

The defendant was convicted in 1998 of a series of felonies, receiving an effective sentence of five years and six months. He was released on parole in 1999, and his parole was revoked in 2002, resulting in his reincarceration. Subsequently, he filed a petition for writ of habeas corpus, asserting that his five-year-six-month sentence had expired. The post-conviction court dismissed the petition; and, following our review, we affirm the dismissal.

Wayne Court of Criminal Appeals

State of Tennessee v. Michael Brandon Mottern
E2003-00746-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Robert E. Cupp

The defendant pled guilty to two counts of automobile burglary and one count of theft under $500. The Washington County Criminal Court ordered the defendant to serve an effective sentence of five years of incarceration as a Range II multiple offender. During the same hearing, the trial court revoked the defendant's probation from numerous prior convictions and ordered the defendant to serve an effective three-year sentence on those cases. The guilty plea cases and the revocation cases were consolidated on appeal. On appeal, the defendant contends: (1) upon revoking his probation for the prior convictions, the trial court erred by ordering him to serve his original sentences in confinement; and (2) the trial court erred in denying alternative sentencing regarding his new convictions. We affirm the judgments of the trial court.

Washington Court of Criminal Appeals

State of Tennessee v. Darian Sparks
E2003-02021-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Richard R. Baumgartner

The defendant, Darian Nigel Sparks, pled guilty in the Knox County Criminal Court to robbery and the attempted sale of a Schedule I controlled substance, Class C felonies. Pursuant to the plea agreement, the defendant received consecutive sentences of eight years for each offense, with the manner of service to be determined by the trial court. After a sentencing hearing, the trial court denied the defendant's request for alternative sentences and ordered that he serve his sentences in the Department of Correction. The defendant appeals, claiming that the trial court erred by ordering that he serve his sentences in confinement. We affirm the judgments of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Richard A. Siters
E2003-02075-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Phyllis H. Miller

On February 28, 2002, the defendant, Richard A. Siters, pled guilty to four counts of attempted  rape, a Class C felony; one count of sexual battery, a Class E felony; and one count of attempted sexual battery, a Class A misdemeanor. The trial court sentenced the defendant to six years, suspended, and placed him on intensive supervised probation. On appeal, the defendant contends that the trial court erred in revoking his probation. We disagree and affirm the revocation.

Sullivan Court of Criminal Appeals

State of Tennessee v. David L. Taylor
E2003-02117-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge E. Shayne Sexton

A Campbell County jury convicted the defendant of driving under the influence, third offense. On appeal, the defendant contends the state failed to establish venue. We affirm the judgment of the trial court.

Campbell Court of Criminal Appeals

Christopher Brown v. State of Tennessee
M2003-01993-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Steve R. Dozier

The petitioner appeals the denial of post-conviction relief relating to his convictions for attempted first degree murder and attempted second degree murder. On appeal, the petitioner contends: (1) he received ineffective assistance of counsel at trial and on appeal; and (2) the trial court erroneously instructed the jury on the definition of the "knowing" mens rea for attempted second degree murder. We affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

State of Tennessee v. Danny Williamson
E2003-01856-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Ben W. Hooper, II

The defendant, Danny Williamson, pled guilty in the Cocke County Criminal Court to possession of a Schedule VI controlled substance with intent to sell, a Class D felony. Pursuant to the plea agreement, the defendant received a two-year sentence as a Range I, standard offender with the manner of service to be determined by the trial court. After a sentencing hearing, the trial court held that the need for deterrence warranted the defendant's serving his entire sentence in confinement. The defendant appeals, claiming that the trial court erred by denying his request for full probation. We affirm the defendant's sentence but remand the case for entry of a corrected judgment.

Cocke Court of Criminal Appeals

State of Tennessee v. Jonathan W. Susman
E2003-02262-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Rebecca J. Stern

The Defendant, Jonathan W. Susman, pled guilty to driving while under the influence of an intoxicant. As part of his plea agreement, he expressly reserved with the consent of the trial judge and the State the right to appeal a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). The question is whether there were sufficient specific and articulable facts to justify a police officer detaining the Defendant in order for him to perform field sobriety tests. We conclude that there were, and we affirm the trial court's judgment.

Hamilton Court of Criminal Appeals

State of Tennessee v. Jon Brewbaker
E2003-02706-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Carroll L. Ross

The Defendant, Jon Brewbaker, pled guilty to second degree murder, a Class A felony. After a hearing, the trial court sentenced the Defendant to twenty-three years in the Department of Correction. The sole issue on appeal is whether the sentence imposed by the trial court is excessive. We affirm the judgment of the trial court.

Bradley Court of Criminal Appeals