Eddie Copeland vs. James A. Bowlen, Warden E1999-01753-CCA-R3-CD
Trial Court Judge: Buddy D. Perry
The trial court dismissed the petitioner's pro se petition for habeas corpus relief. The petitioner alleges that various credits should reduce his sentence. The trial court determined that it lacked jurisdiction to address this issue or, in the alternative, that the sentence had not expired. We affirm the dismissal of the petition.
Bledsoe
Court of Criminal Appeals
State vs. Rosalind Marie Johnson & Donna Yvette McCoy E1999-02468-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Defendant, Rosalind Marie Johnson, appeals her convictions for facilitation of first degree felony murder and aggravated burglary, for which she received concurrent sentences of 15 years and 3 years, respectively. Defendant, Donna Yvette McCoy, appeals her convictions for first degree felony murder and aggravated burglary, for which she received concurrent sentences of life with the possibility of parole and 3 years, respectively. Both defendants raise the issue of sufficiency of the evidence to support their convictions. Defendant Johnson raises the following additional issues in her appeal: 1) whether the trial court erred in failing to sever the defendants' trials; 2) whether the trial court erred in failing to remove a juror for cause; and 3) whether the trial court erred in failing to suppress statements made by Johnson. We conclude that the issues raised by both defendants in this appeal are without merit. The judgments of the trial court are affirmed.
Hamilton
Court of Criminal Appeals
State vs. Emit Keith Cody E2000-02188-CCA-RM-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Ben W. Hooper, II
The Defendant, Emit Keith Cody, was convicted of first degree murder and sentenced to life imprisonment. He appealed, and we reversed his conviction and remanded the case for a new trial based on our conclusion that the trial court's failure to give a limiting instruction to the jury on the use of the State's main witness's prior inconsistent statement constituted plain error. See State v. Emit Keith Cody, No. E1999-00068-CCA-R3CD, 2000 WL 190227 (Tenn. Crim. App., Knoxville, Feb. 16, 2000). The State applied for permission to appeal to the supreme court, which granted permission for the purpose of remanding the case to this Court for reconsideration in light of the supreme court's recent decision in State v. Smith, 24 S.W.3d 274 (Tenn. 2000). After revisiting this issue, we remain of the opinion that the trial court committed plain error by failing to give a limiting instruction. Accordingly, the Defendant's conviction is reversed, and the case is remanded for a new trial.
Cocke
Court of Criminal Appeals
State vs. Sandra Cooper W2002-01036-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Roy B. Morgan, Jr.
Defendant, Sandra Hoyle Cooper, appeals the trial court's revocation of her community corrections sentence. Defendant received two community corrections sentences of eleven months and twenty-nine days each following two separate convictions for theft and for filing a false police report. While serving her community corrections sentences, Defendant was arrested for aggravated robbery. Following a revocation hearing, the trial court revoked her community corrections sentences and ordered the imposition of her original sentences. Defendant argues that the trial court improperly based its revocation on circumstantial evidence that she committed the offense for which she was arrested. After a careful review of the record, we affirm the judgment of the trial court.
The Defendant, Shawn Dontay Beard, appeals as of right following his conviction in the Warren County Circuit Court. Defendant was convicted by a jury for sale of a Schedule II controlled substance, cocaine, in an amount of less than point five (0.5) grams within one thousand feet of school grounds. Defendant argues there was insufficient evidence regarding his identity to support his conviction. He further challenges the length of his sentence on the grounds that the State raised the felony classification of his offense pursuant to the Drug-Free School Zone Act but failed to provide the Defendant with notice of enhancement. The judgment of the trial court is affirmed.
The appellant, Stejana S. Holder, was convicted of one count of aggravated assault, one count of resisting arrest, and one count of disorderly conduct. The Davidson County Criminal Court imposed an effective sentence of three years to serve sixty days in the workhouse followed by two years probation. On appeal, the appellant alleges that the trial court erred by denying total probation. Upon review, we find no error and affirm the sentence of the Davidson County Criminal Court.
Defendant was convicted by a jury of four counts of aggravated sexual battery and ten counts of rape of a child. In this direct appeal Defendant alleges he did not receive a fair trial because (1) the bill of particulars did not sufficiently inform Defendant of the charges, and (2) the prosecution violated Brady vs. Maryland when it failed to turn-over potentially exculpatory evidence to Defendant pre-trial. Held: the bill of particulars adequately appraised Defendant of the crimes with which he was charged. Although the prosecution violated Brady when it failed to turn over potentially exculpatory evidence to Defendant pre-trial, the error was harmless. Judgment of the trial court affirmed.
Sullivan
Court of Criminal Appeals
State vs. Joe Hurt W2001-02742-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: C. Creed Mcginley
The defendant contends the trial court should have sentenced him to a Community Corrections Program. We conclude ample evidence exists to support the trial court's findings that incarceration is necessary to protect society from the defendant. The defendant has a long history of criminal conduct. We affirm the judgments from the trial court.
State vs. Delwin Keith O'Neal M2000-00650-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: W. Charles Lee
In 1997, the defendant pled guilty in Marshall County to aggravated assault. Pursuant to a negotiated plea agreement, he was sentenced as a Range II, multiple offender and received a six-year sentence, consecutive to a prior Montgomery County sentence. The defendant now claims his sentence does not comport with the plea agreement and asks this court to modify the sentence. Upon our review of the record, we conclude the defendant did not timely challenge his sentence and deny relief.
Gerome Smith vs. State M1999-02511-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Jane W. Wheatcraft
The petitioner, Gerome Smith, appeals the trial court's disposition of his petition for post-conviction relief. While granting the petitioner 60 days within which to file an application for permission to appeal to our supreme court this court's affirmance of the original conviction and sentence, the trial court otherwise denied post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel at trial and on appeal. Because the petitioner has been unable to meet his burden of proof, the judgment of the trial court is affirmed.
State vs. Tywan Faulk M1999-01124-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Robert W. Wedemeyer
The appellant, Tywan Faulk, appeals his conviction by a jury in the Montgomery County Circuit Court of one count of possession of more than .5 grams of cocaine with intent to deliver and within 1,000 feet of a school, a class A felony. Prior to trial, the appellant pled guilty to driving on a revoked license, a class B misdemeanor. Pursuant to the appellant's conviction for possession of cocaine with intent to deliver, the trial court imposed a sentence of fifteen years incarceration in the Tennessee Department of Correction. Additionally, the trial court imposed a sentence of thirty days incarceration in the county jail for the driving on a revoked license conviction. The trial court further ordered that the appellant's sentences be served concurrently. On appeal, the appellant presents the following issues for review: (1) whether the trial court erred in denying the appellant's motion to suppress evidence seized as a result of an unlawful detention; (2) whether the trial court erred in denying the appellant's motion for judgment of acquittal with regard to possession with intent to sell or deliver at the close of the State's case in chief as the evidence was insufficient to support the conviction; (3) whether the trial court erred by allowing the arresting officer to testify that the passenger in the appellant's car had a certain amount of cash in his possession; (4) whether the trial court erred by giving supplemental instructions to the jury without first putting the instructions in writing; (5) whether the trial court erred by repeatedly referring to the prosecutor as "General" in the presence of the jury throughout the proceeding; and, (6) whether the prejudicial effect of these errors cumulatively requires reversal of the appellant's conviction. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Montgomery
Court of Criminal Appeals
State vs. Theron L. Boyd M1999-01125-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Seth W. Norman
The Defendant, Theron L. Boyd, appeals as of right from an "Agreed Final Judgment Granting Delayed Appeal" entered by the trial court upon the trial court's finding that the Defendant was entitled to post-conviction relief. The "Agreed Final Judgment Granting Delayed Appeal" purports to modify the original judgment of conviction by explicitly reserving certified questions of law which would be dispositive of the case and then to grant a delayed appeal of those issues. The Defendant argues that his convictions pursuant to his guilty pleas should be reversed because the trial court erred in denying his motion to suppress evidence found as a result of illegal searches by police. The State, however, argues that we lack jurisdiction to address the merits of the Defendant's contentions because the trial court did not have jurisdiction to amend the final judgment which did not reflect the reservation of certified questions of law pursuant to Tennessee Rule of Criminal Procedure 37(b). We conclude that this appeal is not properly before us. Accordingly, we must dismiss this appeal and remand to the trial court for further proceedings consistent with this opinion.
Davidson
Court of Criminal Appeals
State vs. Terrance Pulliam W1999-00277-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Carolyn Wade Blackett
The Defendant, Terrence Pulliam, appeals as of right from the trial court's denial of post-conviction relief. He asserts that the trial court erred by finding that he received effective assistance of counsel at trial. The Defendant argues generally that counsel was ineffective due to failure to thoroughly investigate his case and to call relevant witnesses, failure to properly advise him throughout the process, and failure to properly impeach State witnesses. We conclude that the evidence does not preponderate against the trial court's finding that the Defendant received effective assistance of counsel at trial. Accordingly, we affirm the judgment of the trial court.
Shelby
Court of Criminal Appeals
State vs. Anthony Carlton W1999-00407-CCA-R3-PC
Trial Court Judge: Carolyn Wade Blackett
The defendant, Anthony Carlton, was convicted by a Shelby County jury of attempted first-degree murder. Following this court's affirmance of that conviction, the defendant sought post-conviction relief in the Shelby County Criminal Court, and that court denied relief. On appeal, this court finds (1) the defendant did not prove that his trial counsel was ineffective for failing to advise him of his right not to testify, and (2) we are precluded from considering the adequacy of the defendant's appellate representation when that issue was not raised in the court below.
Shelby
Court of Criminal Appeals
State vs. Eddie Lowe W1999-00881-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Chris B. Craft
The petitioner, Eddie Lee Lowe, appeals the trial court's denial of his petition for post-conviction relief from his second degree murder and especially aggravated robbery convictions pursuant to guilty pleas. The petitioner contends that he received the ineffective assistance of counsel because neither his juvenile court attorney nor his trial attorneys preserved his right to appeal his transfer from juvenile court to criminal court for trial as an adult. Because the petitioner had no right to an acceptance hearing in the trial court, we hold that his juvenile court attorney was not deficient for failing to move for such a hearing. Also, we hold that the petitioner has failed to show deficient performance or prejudice by the fact that his trial attorney did not seek to reserve a certified question of law on the transfer issue. We affirm the trial court's denial of the petition.
Shelby
Court of Criminal Appeals
State vs. Ryan Little W1999-01033-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Chris B. Craft
Ryan J. Little was convicted of one count aggravated robbery, one count aggravated burglary, and three counts of attempted aggravated robbery. An effective twenty-four year sentence was imposed. In this appeal as of right, the appellant contests the trial court's imposition of partial consecutive sentences. The proof before this court supports the trial court's finding that the appellant is a "dangerous offender." Accordingly, we affirm the sentencing decision of the trial court.
Shelby
Court of Criminal Appeals
Willie James Robinson, Jr. vs. State E1999-00945-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: E. Eugene Eblen
The defendant seeks habeas corpus relief from two life sentences, claiming that the sentences are void because the trial judge failed to sign the judgments or the minutes. We hold that the failure to sign the judgments and the minutes does not render the petitioner's sentences void. The trial court is affirmed.
Morgan
Court of Criminal Appeals
State vs. Mark Anthony Griffin E1999-00122-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Richard R. Baumgartner
The defendant appeals his convictions for aggravated robbery and attempted robbery, for which he received an effective nine-year sentence. The defendant raises the following issues in this appeal: 1) whether evidence presented at trial was sufficient to sustain the guilty verdicts; 2) whether the trial court erred by not suppressing his confession; and 3) whether the trial court erred by denying the defendant's motion for dismissal based upon a violation of due process and denial of a speedy trial. We conclude the first two issues are without merit, but remand for another hearing on the due process/speedy trial issue.
Knox
Court of Criminal Appeals
State vs. Michael Lynn Breeden E1999-01290-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: D. Kelly Thomas, Jr.
The defendant, Michael Lynn Breeden, appeals the revocation of his probation. He contends that his remaining on probation would provide more supervision than he will have on parole and would allow him to be more timely in paying restitution. We hold that the defendant's record of noncompliance with the terms of probation is substantial evidence to support the trial court's decision to revoke probation. We affirm the trial court.
Blount
Court of Criminal Appeals
State vs. Dak Manyal W1999-00909-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: W. Fred Axley
Pursuant to a negotiated plea agreement, the Defendant was convicted of attempted aggravated sexual battery and was sentenced to serve four years in the Shelby County Correction Center. He appeals from the trial court's denial of his request to serve the balance of his sentence on probation. We affirm the judgment of the trial court.
Shelby
Court of Criminal Appeals
State vs. Tony Jamerson W1999-00935-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Joseph B. Dailey
The appellant, Tony Jamerson, appeals from his conviction of first degree premeditated murder, for which he is serving a sentence of life without the possibility of parole. He alleges his conviction was based upon insufficient evidence of premeditation, that his confession was obtained in violation of his constitutional rights and improperly admitted as evidence against him, and that he was denied his right to confront a witness against him by the trial court's ruling limiting the scope of cross-examination of a witness. Finding no merit in these contentions, we affirm the judgment of the trial court.
