COURT OF CRIMINAL APPEALS OPINIONS

State vs. Jeffery Leon Medley
M1998-00439-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Charles D. Haston, Sr.
The appellant, Jeffrey Leon Medley, appeals his sentence of eleven months and twenty-nine days incarceration imposed by the Warren County Circuit Court pursuant to the appellant's conviction of improper influence of a juror. Following a review of the record and the parties' briefs, we dismiss this appeal.

State vs. Barry Speck
W1999-00436-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: John P. Colton, Jr.
The petitioner, Barry L. Speck, appeals the trial court's denial of his petition for post-conviction relief. The state contends that the petition should have been dismissed because of the statute of limitations. The petitioner contends that he received the ineffective assistance of counsel because his attorney failed to use documents provided by the petitioner to impeach the state's witnesses and to provide an alibi for dates listed in the bill of particulars. We hold that the petition was properly considered on its merits, but we affirm the trial court's denial of post-conviction relief.

State vs. Jere Joseph
W1999-00651-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: J. Steven Stafford
The petitioner, Jere Lowell Joseph, Jr., appeals two post-conviction cases, claiming that the trial court erred in holding that the petitioner received the effective assistance of counsel in both cases. We affirm the trial court.

State vs. Barry Waters Rogers
M1999-01389-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Robert L. Jones
The appellant, Barry Waters Rogers, appeals his conviction by a jury in the Giles County Circuit Court of driving under the influence of an intoxicant. On appeal, the appellant challenges the sufficiency of the underlying indictment. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court.

Travis Plummer vs. State
M1999-01406-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Seth W. Norman
The petitioner, Travis Plummer, was convicted by a jury in the Criminal Court of Davidson County of one count of rape of a child, and subsequently also pled guilty to one count of rape. The trial court sentenced the petitioner to twenty years incarceration in the Tennessee Department of Correction for rape of a child and to twelve years incarceration for rape. The trial court further ordered that the petitioner's sentences be served consecutively. In this post conviction proceeding, the petitioner raises the following issue(s) for review: whether the petitioner was denied his constitutional rights at trial and at the plea proceeding when his counsel(s) failed to investigate and evaluate his competency to stand trial and to plead guilty. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

State vs. Michael N. Grey
M1999-01428-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Allen W. Wallace
The appellant, Michael N. Grey, was convicted by a jury in the Dickson County Circuit Court of two counts of aggravated robbery, a class B felony, and two counts of theft under $500, a class A misdemeanor. The trial court sentenced the appellant to ten years incarceration in the Tennessee Department of Correction for the aggravated robbery convictions. The trial court also sentenced the appellant to eleven months and twenty-nine days incarceration in the Dickson County Jail for the theft convictions.The trial court further ordered that the appellant's sentences be served concurrently. The appellant raises the following issue for review: whether the appellant was denied due process because the State failed to provide him with proper pre-trial exculpatory evidence. Upon review of the record and the parties' briefs, we affirm in part and reverse in part the judgments of the trial court.

State vs. Wayne Joseph Burgess, Jr.
M1999-02040-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Jim T. Hamilton
The appellant, Wayne Joseph Burgess, Jr., was convicted by a jury in the Giles County Circuit Court of one count of first degree felony murder, with the underlying felony being aggravated child abuse. The trial court sentenced the appellant to life in the Tennessee Department of Correction. The appellant raises the following issues for our review: (1) whether the trial court erred in overruling the appellant's motion to strike the jury panel because the appellant's race was substantially under- represented on the venire from which the petit jury was selected under a practice providing "the opportunity for discrimination;" (2) whether the trial court erred in overruling the appellant's motion to suppress a confession that was obtained by the use of intimidation, threat, and coercion by the Pulaski Police Department; (3) whether the trial court erred in overruling the appellant's objection to allowing the prior inconsistent statement of Rickey Sikes to be entered into the record as substantive evidence; (4) whether the evidence was sufficient to support the appellant's conviction of first degree murder in the perpetration of aggravated child abuse as the State failed to prove the requisite mental status of "knowing" to commit that offense. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

State vs. Christina L. Howard
M1999-02473-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Henry D. Bell
Defendant Christina L. Howard was found guilty by a Williamson County jury of possession with intent to sell or deliver cocaine in an amount greater than 300 grams, possession with intent to sell or deliver marijuana, and possession of drug paraphernalia. After a sentencing hearing, the trial court sentenced Defendant as a Range I standard offender to concurrent terms of twenty years for cocaine possession, one year for marijuana possession, and one day for possession of drug paraphernalia. Defendant raises the following issues in this appeal: (1) whether the trial court erred when it did not instruct the jury on the lesser-included offense of facilitation of a felony; (2) whether the trial court erred when it sentenced Defendant as a standard offender; and (3) whether the trial court erred when it denied Defendant alternative sentencing. The judgment of the trial court is affirmed.

State vs. James Eric Alder
M1999-02544-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Thomas W. Graham
The appellant, James Eric Alder, was convicted by a jury in the Criminal Court for Sequatchie County of one count of aggravated robbery, a class B felony. The trial court sentenced the appellant, as a Range I offender, to ten years incarceration in the Tennessee Department of Correction and assessed a fine of $25,000. The appellant raises the following issue(s) for review: whether the trial court erred in refusing to charge the jury as to aggravated assault, assault, and theft as lesser-included offenses of aggravated robbery. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

Thomas W. Yelton vs. State
M1999-00597-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: William Charles Lee
The petitioner, Thomas W. Yelton, appeals the denial by the Bedford County Circuit Court of his petition for post-conviction relief from his 1992 convictions of fabricating evidence, theft of property worth more than one thousand dollars ($1,000), coercion of a witness, and harassment. Specifically, he alleges that he is entitled to relief from his convictions because he received ineffective assistance of counsel during trial proceedings. The petitioner predicates his claim of ineffective assistance of counsel upon the following grounds: (1) trial counsel failed to submit to the trial court a motion requesting the severance of his offenses; (2) trial counsel maintained inadequate contact with the petitioner during trial proceedings; (3) trial counsel failed to adequately investigate his case; and (4) trial counsel failed to adequately advise the petitioner concerning the waiver of his right to appeal his convictions. Following a review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.

Robert B. Clark v. State of Tennessee
W2007-01440-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Lee V. Coffee

Ronald Bradford Waller vs. State
E1999-02034-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Douglas A. Meyer
The petitioner was convicted in the Hamilton County Criminal Court in 1992 of first degree murder, especially aggravated robbery, and theft over $1,000, receiving an effective sentence of life plus twenty-three years. The convictions and sentences were affirmed on direct appeal in 1993; and the petitioner subsequently filed a petition for post-conviction relief, presenting as issues, whether there was a variance between the indictment and the proof, whether he was improperly compelled to participate in a courtroom demonstration, whether he received ineffective assistance of counsel at trial and on direct appeal, whether his convictions constitute double jeopardy, whether the trial court erred in evidentiary rulings, whether he was improperly convicted because of prosecutorial misconduct or cumulative errors at the trial, and whether his convictions amount to a miscarriage of justice. Finding no error, we affirm the judgment of the trial court denying the petition for post-conviction relief.

State vs. Reginald Tyrone Donnell
M1999-02184-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: J. O. Bond
Defendant, Reginald Tyrone Donnell, was indicted on two counts of first degree murder. A Wilson County jury found him guilty of two counts of second degree murder. Following a sentencing hearing, the trial court sentenced the Defendant to twenty-five (25) years in the Department of Correction for each count, with the sentences to run consecutively. The Defendant now appeals contending: 1) the evidence was insufficient to support convictions of second degree murder, 2) the trial court failed to exclude autopsy photographs of the victims, 3) the sentences imposed by the trial court were excessive, and 4) the trial court erred in ordering consecutive sentences. After review of the record, we affirm.

William Andrew Dixon vs. Flora J. Holland, Warden
M1999-02494-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Seth W. Norman
William Andrew Dixon was convicted of kidnapping for ransom in violation of Tennessee Code Annotated section 39-2603 in April 1981 in the Circuit Court of Dickson County. The offense was committed in April 1978. Between the time of the offense in 1978, and the time of trial in 1981, kidnapping for ransom was redesignated by the legislature as the offense of aggravated kidnapping; the maximum punishment was reduced by the legislature from life imprisonment without parole to life imprisonment with the possibility of parole. The Tennessee Department of Correction maintains that it is incarcerating Petitioner under a sentence of life imprisonment without the possibility of parole. Petitioner filed a Petition for Writ of Habeas Corpus in the Criminal Court of Davidson County, asserting the judgment is illegal and void. The petition was denied. The judgment is affirmed.

Henry Eugene Hodges vs. State
M1999-00516-CCA-R3-PD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Walter C. Kurtz
The appellant, Henry Eugene Hodges, seeks post-conviction relief from his 1992 first degree murder conviction and sentence of death. The Davidson County Criminal Court denied the appellant's petition and this appeal was taken. This court is presented with the following issues: (1) the effectiveness of trial counsel; (2) the post-conviction court's failure to provide funds for expert services; and (3) the post-conviction court's denial of a continuance and refusal to bifurcate the post-conviction evidentiary hearing. Following review of the record, we conclude (1) the appellant was not denied the effective assistance of counsel; (2) the post-conviction court properly denied the appellant's request for funds for additional expert services; and (3) the post-conviction court properly denied the appellant's request for a continuance of the evidentiary hearing. Accordingly, we affirm the post-conviction court's finding that the appellant is not entitled to post-conviction relief.

State vs. Marcus Morrow
M1999-00769-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Jim T. Hamilton
The appellant, the State of Tennessee, appeals the order of the Maury County Circuit Court permitting the appellee, Marcus Morrow, to participate in a work release program during his forty-five-day incarceration for driving under the influence of an intoxicant (DUI), second offense. Following a review of the record and the parties' briefs, we reverse the judgment of the trial court.

State vs. Billy Bivens
E1999-00086-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Earle G. Murphy
The defendant, Billy Bivens, was convicted of official misconduct and assault. On appeal, he argues that the evidence was insufficient to sustain his convictions;that the trial court erred by failing to require the state to elect the offenses for which it sought conviction; that the jury delivered inconsistent verdicts; and that the trial court imposed an excessive sentence. Because the jury was erroneously instructed on assault as a lesser included offense of sexual battery, we reverse the assault conviction. The conviction and sentence for official misconduct are affirmed.

State vs. Robert Eugene Finchum
E1999-00696-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: James E. Beckner
Defendant Robert Eugene Finchum, Jr., pled guilty to one count of simple possession of LSD, one count of simple possession of marijuana, one count of possession of untaxed whiskey, and one count of possession of drug paraphernalia. Pursuant to a negotiated plea agreement, Defendant received a total effective sentence of eleven months and twenty-nine days with 30% minimum service prior to eligibility for work release, furlough, trusty status, and rehabilitative programs. Following a hearing, the trial court denied Defendant's request for probation. Defendant contends that the trial court erred when it failed to impose an alternative sentence. The judgment of the trial court is affirmed.

Douglas Kirkham, Jr. vs. State
M2004-02635-CCA-R3-HC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Jane W. Wheatcraft
The petitioner appeals the summary dismissal of his habeas corpus petition. Specifically, he alleges fatal deficiencies in the indictment; an involuntary, unintelligent, and unknowing guilty plea; an illegal and void sentence; and ineffective assistance of counsel. Upon review, we conclude that the petitioner has not presented any claims that justify habeas corpus relief. Therefore, we affirm the summary dismissal of the habeas corpus petition.

State vs. Frederick Cavitt
E1999-00304-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Robert E. Cupp
While incarcerated in the Tennessee Department of Correction, the defendant was indicted for aggravated assault, pled guilty to the lesser included offense of simple assault, and received a sentence of eleven months and twenty-nine days. The defendant moved for pretrial jail credits, in the amount of three hundred and twenty-one days, calculated from the day the arrest warrant was served to the day the judgment was entered. We conclude that the defendant is not entitled to the claimed jail credits and therefore affirm the trial court's order dismissing the defendant's Motion to Modify Judgment to Reflect Jail Credits. We modify the sentence to indicate service in either the Carter County Jail or workhouse.

State vs. Richard Korsakov
E1999-01530-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Douglas A. Meyer
The defendant, Richard Korsakov, appeals his conviction for driving under the influence of an intoxicant, third offense. He contends that (1) the breath test results were inadmissible because the officer administering the test failed to observe him for twenty minutes; (2) the photocopies of certification and maintenance records were inadmissible for lack of compliance with the rules of evidence; (3) he should have been allowed to cross-examine the officer on the Horizontal Gaze Nystagmus (HGN) test for the purpose of impeachment; (4) a sealed, miniature bottle of cognac was irrelevant and, therefore, inadmissible; (5) the trial court improperly commented upon the evidence by instructing the jury to disregard the address on an exhibit's tag; and (6) the cumulative effect of the errors at trial prejudiced him. Because we hold that the results of the breath test are inadmissible, we reverse the judgment of conviction and remand the case to the trial court for further proceedings consistent with this opinion.

State vs. Ira Ray Crouch
E1999-02320-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Phyllis H. Miller
Having pled guilty to two counts of statutory rape, the defendant now challenges his sentence. He argues that the trial court improperly denied his motion for judicial diversion. We affirm his sentence of five years on probation.

State of Tennessee v. Joseph S. Burris, Jr.
01C01-9907-CC-00247
Trial Court Judge: J. Steve Daniel

State vs. Seria D. Ward
M1998-00128-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Thomas H. Shriver
The defendant was convicted in Davidson County of especially aggravated robbery and sentenced to confinement for seventeen years. He appealed the conviction, alleging that the evidence was insufficient to convict him of the offense, that his videotaped confession should have been excluded, and that his trial counsel was ineffective. Based upon our review, we affirm the judgment of the trial court.

State vs. Ronald Wayne Ashby
M1999-01247-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: William Charles Lee
The defendant appeals his aggravated burglary conviction. He asserts that insufficient evidence supported the jury verdict, that the trial court improperly admitted evidence of another crime, and that his sentence is excessive. We conclude that sufficient evidence supported the verdict and that the "other crime" evidence was properly admitted. We affirm the sentence.