State vs. Bernard Jerome Jones M2000-00018-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Cheryl A. Blackburn
The defendant was convicted by a Davidson County jury of possession with intent to sell or deliver 0.5 grams or more of cocaine. The trial court sentenced defendant to 16 years incarceration as a Range II multiple offender. In this appeal as a matter of right, defendant makes the following allegations of error: (1) the evidence was insufficient to support a finding of guilt; (2) the trial court erred by ruling that if defendant testified, the state could impeach his credibility by introducing defendant's prior drug convictions; and (3) the trial court erred in sentencing defendant to 16 years incarceration. After a thorough review of the record, we affirm the judgment of the trial court.
State vs. Roderick Johnson M1999-00605-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: J. Randall Wyatt, Jr.
A Davidson County jury convicted defendant of second degree murder. In this appeal as a matter of right, defendant challenges only the sufficiency of the evidence upon which the jury based his conviction. Our review of the record reflects sufficient evidence to support the jury's finding. Accordingly, we affirm the judgment of the trial court.
Davidson
Court of Criminal Appeals
State vs. Warner Powell and Charlie Stokes M1999-00661-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Robert W. Wedemeyer
This is an appeal as of right by the State of Tennessee, which argues that the trial court erred by suppressing the evidence obtained against the Defendants pursuant to a search warrant. The State asserts that the trial court incorrectly concluded that the search warrant was invalid because the agent who provided the information in the affidavit establishing probable cause to search did not have the authority to execute the warrant or arrest the Defendants. In response, the Defendants assert that the State's notice of appeal was not timely filed, and they argue that the evidence was properly suppressed because the agent did not have the authority to obtain or execute the search warrant and because the affidavit did not establish the veracity of the confidential informant. We conclude that the State's notice of appeal was not timely filed, but we will consider the appeal in the interest of justice. We further conclude that the search warrant was valid; thus the trial court erred by suppressing the evidence obtained pursuant to the warrant. Accordingly, the trial court's order suppressing the evidence is reversed, and this case is remanded for further proceedings consistent with this opinion.
Montgomery
Court of Criminal Appeals
State vs.Robert Lewis Herrin M1999-00856-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: W. Charles Lee
The appellant, Robert Lewis Herrin, pled guilty in the Marshall County Circuit Court to one count of theft of property worth one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000), a class D felony. The trial court sentenced the appellant as a Range I offender to three years incarceration in the Tennessee Department of Correction, suspending all but 120 days of the appellant's sentence and granting him supervised probation for a term of ten years. As a special condition of probation, the trial court prohibited the appellant from engaging in "any type [of] construction business or solicitation for business." In this appeal, the appellant argues that the trial court erred in imposing this special condition of probation. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court as modified.
Marshall
Court of Criminal Appeals
State vs. Scarlett Rose Bender M2000-1070-CCA-R3-CD
Trial Court Judge: Allen W. Wallace
The Defendant pleaded nolo contendere to possessing with the intent to sell or deliver over one hundred pounds of marijuana, which is a Class B felony. Sentencing was left to the discretion of the trial court. Following a sentencing hearing, the trial judge sentenced the Defendant to eight years in the Department of Correction. On appeal, the Defendant argues that she should have been sentenced as an especially mitigated offender and that she should have been allowed to serve her sentence on probation. We affirm the judgment of the trial court.
Dickson
Court of Criminal Appeals
State vs. Larry Burks E1999-00571-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: J. Curtis Smith
The mobile home, which was the residence of the defendant and his wife, was searched, pursuant to a search warrant, and certain illegal substances were found. The defendant filed a motion to suppress, contesting the adequacy of the description of the place to be searched. Following a hearing on the motion and the trial court's upholding the validity of the search warrant, the defendant entered a plea of guilty to a drug offense, reserving as certified questions of law the adequacy of the portion of the search warrant describing the place to be searched and whether the search warrant sufficiently established the reliability of the confidential informant. Based upon our review, we affirm the finding of the trial court that the description of the premises was adequate. Our consideration of the second certified question of law is waived because this issue was not pursued on appeal.
Bledsoe
Court of Criminal Appeals
State vs. James Christopher Lewis E1999-00802-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: R. Jerry Beck
The defendant entered an Alford plea to one count of attempted rape and two counts of sexual battery. He received a sentence of eight years as a Range II offender for the attempted rape and two years, as a Range I offender, for each of the sexual battery charges. All sentences were to be served concurrently. The defendant's request for a suspended sentence was denied after a lengthy hearing, and he raises that denial as the sole issue on appeal. Based upon our review, we affirm the judgment of the trial court.
Sullivan
Court of Criminal Appeals
State vs. Samuel Wayne Loveday E1999-01090-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Ray L. Jenkins
The defendant, who was convicted of attempted aggravated rape, aggravated sexual battery, and aggravated assault, appealed these convictions, presenting as issues whether the out-of-court showup identification of the defendant was impermissibly suggestive and whether the subsequent in-court identification was tainted as a result. Based upon our review, we conclude that these issues are without merit and, thus, affirm the judgment of the trial court.
State vs. Larry E. Scales M1998-00142-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Charles D. Haston, Sr.
The defendant, Larry E. Scales, appeals his conviction of theft over $500 and his six-year sentence as a career offender. Because the trial court erroneously instructed the jury on the possible range of punishment, the judgment is reversed and the defendant is granted a new trial.
State vs. Jerry D. Carney M1999-01139-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Cheryl A. Blackburn
The appellant, Jerry D. Carney, appeals his conviction by a jury in the Davidson County Criminal Court of first degree murder. Pursuant to his conviction for first degree murder, the trial court sentenced the appellant to life in prison in the Tennessee Department of Correction, with the possibility of parole. The appellant raises the following issues for our review: (1) whether there was sufficient evidence of premeditation to support his conviction of first degree murder; (2) whether the State violated Brady by failing to disclose audio taped statements made by the police of witnesses the day after the shooting; and (3) whether the trial court erred in precluding the appellant's cross-examination of the police officers who were testifying at trial about their training regarding self-defense and the application of deadly force. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Davidson
Court of Criminal Appeals
State vs. Barry Waters Rogers M1999-01358-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Robert L. Jones
The defendant, Barry Waters Rogers, was indicted for arson, conspiracy to commit arson, and vandalism. The jury acquitted the defendant on the charge of conspiracy to commit arson but, on the arson charge, returned a guilty verdict on the lesser included offense of facilitation of arson. Although the jury also returned a guilty verdict for facilitation of vandalism, the trial court later set that aside. The trial court imposed a Range I sentence of three and one-half years in the Department of Correction, with probation to be granted after the first year of service. In this appeal of right, the defendant challenges the sufficiency of the evidence and complains that he was improperly sentenced. We find no error and affirm the judgment of the trial court.
Giles
Court of Criminal Appeals
State vs. Justin Victory M2000-00015-CCA-R3-CD
Authoring Judge: Sr. Judge L. Terry Lafferty
Trial Court Judge: Steve R. Dozier
The defendant, Justin Victory, entered a plea of guilty to the offense of aggravated burglary before the Davidson County Criminal Court. Pursuant to the plea agreement, the defendant was to receive a sentence of four (4) years, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court denied the defendant's request for an alternative sentence and ordered the defendant to serve the sentence in the Davidson County CCA. Also, the trial court advised the defendant that upon completion of the Life Lines Substance Abuse Program, the trial court would suspend the balance of the sentence and determine proper restitution. In this appeal of right, the defendant complains that the trial court erred in denying him supervised probation. After a review of the record, the briefs of parties and applicable law, we modify the manner of the service of the defendant's sentence to 214 days incarceration with the remainder served on supervised probation.
Davidson
Court of Criminal Appeals
State vs. Robert C. Copas M1999-00841-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Jane W. Wheatcraft
The defendant, Robert C. Copas, was indicted by a Sumner County Grand Jury for one count of aggravated rape. After discovering that the recording of the defendant's preliminary hearing was inaudible, the defendant moved to dismiss the indictment and remand for a new preliminary hearing pursuant to rule 5.1 of the Rules of Criminal Procedure. Following a hearing, the trial court did not dismiss the indictment, but remanded for a new preliminary hearing. The state then moved to dismiss the indictment, arguing that case law requires dismissal of the indictment under these circumstances. The court agreed and dismissed the indictment but the state then brought this appeal. Because the trial court's dismissal of the indictment and remand for a new preliminary hearing was an appropriate remedy for a violation of the Tenn. R. Crim. P. 5.1 (a) the judgment of the trial court is affirmed.
State vs. Retha Smith W1999-00607-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Julian P. Guinn
The defendant appeals her jury conviction and sentence for possession of a Schedule II controlled substance with the intent to manufacture, sell or deliver. She received a sentence of three years with one year to be served in confinement and the remainder to be served on community corrections. The defendant raises the following issues for review: (1) whether the evidence is insufficient to sustain her conviction; (2) whether the prosecuting attorney made improper remarks during his closing argument; and (3) whether her sentence is excessive. Upon a review of the record, we affirm the judgment of the trial court but remand for the assessment of the fine.
Henry
Court of Criminal Appeals
State vs. Donaven Brown W1999-00629-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Joseph H. Walker, III
The defendant and the victim were both maximum security inmates at the Corrections Corporation of America facility in Clifton, Tennessee. After the victim, his hands and feet restrained, had been released from his cell to use a telephone, the defendant asked to be released from his cell take a shower. After his hands, but not his feet had been restrained, he pushed a correctional officer aside and ran from his cell, confronting the victim near the telephones. "Bad blood" had existed between the victim and the defendant, both of whom had armed themselves that day with shanks, or homemade prison knives. The victim received six knife stab wounds, two of which were potentially fatal. The defendant was then charged with first degree murder and felony possession of a weapon in a penal institution and, following his convictions of both offenses, sentenced to life without parole and three years, respectively, the sentences to be served concurrently. He timely appealed, presenting as issues whether the trial court erred in allowing proof that he had asserted his right to remain silent and requested an attorney and whether the evidence was sufficient to sustain the conviction for first degree murder. Based upon our review, we affirm the judgment of the trial court.
Tipton
Court of Criminal Appeals
State vs. James Starnes W1999-01854-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Julian P. Guinn
The petitioner appeals from a denial of post-conviction relief, claiming his trial counsel rendered ineffective assistance. We conclude the record is insufficient for proper appellate review. Thus, we remand to the trial court for an additional hearing.
Henry
Court of Criminal Appeals
State vs. Matthew Leonard & Bernie Evans E1999-02724-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Lynn W. Brown
The appellants, Matthew W. Leonard and Bernie J. Evans, each pled guilty in the Criminal Court for Washington County to three counts of kidnapping, a class C felony, three counts of aggravated assault, a class C felony, one count of escape, a class E felony, and one count of theft over $10,000, a class C felony. The appellants requested that the trial court grant them full probation. After a probation hearing, the trial court denied the appellants' request. The appellants present the following issue for our review: whether the trial court erred in denying the appellants full probation. After a review of the record and the parties' briefs, we affirm the judgment of the trial court.
Washington
Court of Criminal Appeals
State vs. Willie Boyland W1999-00634-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Jon K. Blackwood
Following a jury trial in the Hardeman County Circuit Court, Defendant was convicted of the offense of casual exchange of marijuana. On appeal, Defendant challenges the sufficiency of the evidence to sustain the conviction. He also asserts that the trial court erred by prohibiting Defendant from questioning a state witness about a civil warrant and judgment against the witness and that the trial court erred by overruling his objection to the State eliciting testimony from its primary witness regarding the witness' employment. We have reviewed the record on appeal and the briefs of the parties and find no reversible error. Accordingly, the judgment of the trial court is affirmed.
Hardeman
Court of Criminal Appeals
State vs. Henry Marshall Jr. W1999-01159-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Roy B. Morgan, Jr.
Defendant Henry Marshall, Jr. was convicted of reckless aggravated assault following a jury trial in the Madison County Circuit Court. After a sentencing hearing, the trial court sentenced Defendant as a Range I Standard Offender to a term of two years, with the Defendant to serve eleven months and twenty-nine days in the local jail, and the remaining one year and one day on supervised probation. The Defendant challenges his conviction and his sentence, raising the following issues: (1) whether the trial court erred in denying Defendant's request for an instruction on self-defense, (2) whether the trial court erred in denying Defendant's request for an instruction on the lesser-included offense of simple assault and (3) whether the trial court correctly sentenced the defendant. After a review of the record, we affirm the judgment of the trial court as modified herein.
Madison
Court of Criminal Appeals
State vs. John Palmer W1999-01310-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Dick Jerman, Jr.
Defendant, John David Palmer, was convicted of voluntary manslaughter and especially aggravated robbery following a jury trial in Gibson County Circuit Court. He was sentenced to serve three years for voluntary manslaughter and twenty years for especially aggravated robbery with the sentences to be served concurrent with each other. He does not appeal the voluntary manslaughter conviction or sentence. However, regarding the conviction for especially aggravated robbery, Defendant challenges the sufficiency of the evidence to support the conviction and argues that the trial court committed reversible error by not instructing the jury on the lesser-included offense of theft and unauthorized use of a vehicle, i.e., joyriding. After review, we reverse and remand for a new trial on the offense of especially aggravated robbery.
Gibson
Court of Criminal Appeals
State vs. Edward Mitchell W1999-01314-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Carolyn Wade Blackett
The defendant, Edward Mitchell, appeals as of right from his conviction by a jury in the Shelby County Criminal Court for two counts of aggravated assault, a Class C felony. His sole issue on appeal is whether the trial court erred by denying him a continuance because of the unavailability of a witness. After a review of the record, we reverse the judgment of the trial court and remand for a new trial.
