COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Monica L. Madden, a/k/a Shana Valeshia Goodwin, a/k/a Monica Wright
M1999-00176-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Seth W. Norman

Pursuant to a plea bargain agreement, the defendant pled guilty in Davidson County Criminal Court to two counts of assault and one count of accessory after the fact. She received an effective sentence of two years. The defendant appeals the trial court’s order that her sentence be served in the workhouse rather than in some alternative form, asserting that the trial court erred in considering her arrests while on bond as indications of her unsuitability for alternative sentencing; in making its determination based solely on her arrests while on bond; and in failing to consider her participation in a counseling program. Finding no error, we affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

State of Tennessee v. William Joseph Taylor
M1999-00218-CCA-R3-CD
Authoring Judge: Judge William B. Acree
Trial Court Judge: Judge J. O. Bond

The defendant was initially tried and convicted in Rutherford County for the crime of rape of a child. On appeal, this Court found that the defendant’s trial counsel was ineffective and remanded the case for a new trial. After remand, the defendant was indicted in Wilson County. The Wilson County Criminal Court found that the double jeopardy clauses of the United States Constitution and the Tennessee Constitution prohibited the State from prosecuting the defendant and dismissed the indictment. The State appealed the dismissal. We reverse the decision of the trial court and remand for a trial.

Wilson Court of Criminal Appeals

State of Tennessee v. Antonio Brewster
M1999-00989-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge J. Randall Wyatt, Jr.

Defendant was convicted in the Criminal Court, Davidson County, Wyatt, Randall J., of felony murder in the perpetration of a robbery, attempted aggravated robbery, aggravated robbery, and two counts of attempted first-degree murder. The defendant appealed. The Court of Criminal Appeals, Smith J., held that: (1) the trial court did not err in denying the defendant’s motion to suppress his statement; (2) there was sufficient evidence that the defendant murdered a bystander in the perpetration of a robbery to support conviction for felony murder; and (3) the defendant was not denied the effective assistance of counsel at trial.

Affirmed.

Davidson Court of Criminal Appeals

State of Tennessee vs. Daryl Robinson
W1999-01386-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge Roy B. Morgan, Jr.

The defendant, Daryl McKinley Robinson, appeals from the trial court’s revocation of his  probationary sentence and order that he serve his effective 14-year, 11-month, 29-day sentence in the Department of Correction. In this appeal, he complains that the trial court erred in failing to make findings regarding whether his failure to pay fines and costs was willful or a result of lack of bona fide efforts to acquire the resources to pay. He further complains that the trial court erred in ordering him to serve his sentence in incarceration, rather than the Community Corrections program. Upon review, we find no abuse of discretion warranting a reversal of the court’s order and therefore affirm.

Madison Court of Criminal Appeals

State of Tennessee v. Montrell Perry
W1999-01419-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Carolyn Wade Blackett

The appellant entered guilty pleas to two counts of sale of cocaine, Class C felonies, and was sentenced to four years confinement in the Department of Correction. The appellant argues, in this direct appeal, that the trial court erred in ordering total confinement. The record supports denial of an alternative sentence. The judgment is affirmed.

Shelby Court of Criminal Appeals

State of Tennessee v. Michael Anderson Peek, alias Big Country, alias Michael Peak alias Michael Anderson Peak
E1998-00038-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Douglas A. Meyer

The defendant was convicted of fourteen felonies, consisting of various rape, robbery, and burglary charges arising from complaints of five victims. He received an effective sentence of ninety-nine years. Appealing these convictions, he alleged, inter alia, that the trial court should have severed the offenses, rather than allowing all five to be tried in a single trial; that blood, saliva, and hair samples should have been suppressed; that he should not have been shackled during the trial, and that his sentence was improper. Of these assignments, we find error in the trial court’s allowing the complaints of all five victims to be tried in a single trial, and in the court’s not following the required procedures before shackling the defendant during the trial. The errors were harmless and, accordingly, we affirm the judgment of the trial court.

Hamilton Court of Criminal Appeals

State of Tennessee v. Leon Goins
W1999-00157-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Russell Lee Moore, Jr.

A jury found the defendant guilty of selling 0.5 grams of cocaine, a Schedule II controlled substance.  He received a 15 year sentence as a Range II offender, consecutive to a prior felony. The defendant asserts error in allowing the state’s expert witness to testify to the aggregate weight of cocaine sold, when the witness did not test every particle of the submitted evidence. The defendant further asserts error in the trial court’s admitting a video tape of the sale and in the trial court’s sentencing. The judgment from the trial court is affirmed.

Dyer Court of Criminal Appeals

State of Tennessee v. Carlos C. Beasley
W1999-00426-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge James C. Beasley, Jr.

The appellant, Carlos C. Beasley, referred herein as “the defendant,” appeals as of right from a conviction for especially aggravated robbery by a Shelby County jury. The same jury found the defendant guilty of voluntary manslaughter, from which the defendant does not appeal. The Shelby County Criminal Court imposed a sentence of twenty-five (25) years for especially aggravated robbery in the Department of Correction. The defendant presents two appellate issues: 1) whether the evidence is sufficient for a rational trier of fact to find that every element of especially aggravated robbery has been proven beyond a reasonable doubt; and 2) whether the record shows that the trial court in its capacity as thirteenth (13th) juror failed to independently weigh the evidence upon consideration of the motion for a new trial.

Shelby Court of Criminal Appeals

State of Tennessee v. Donald Curtis Reid
01C01-9903-CR-00077
Trial Court Judge: J. Randall Wyatt, Jr.

Davidson Court of Criminal Appeals

State vs. Larry Brumit
M1999-00154-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: James K. Clayton, Jr.

Rutherford Court of Criminal Appeals

State vs. Robert Bassett Brown
M1999-00867-CCA-R3-CD
Authoring Judge: Judge William B. Acree
Trial Court Judge: J. Randall Wyatt, Jr.

Davidson Court of Criminal Appeals

State vs. Samuel D. Land
M1999-01023-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Timothy L. Easter

Williamson Court of Criminal Appeals

State vs. Jason C. Carter, et al
M1998-00798-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Seth W. Norman

Davidson Court of Criminal Appeals

State vs. Teddrick Williamson
W1999-00055-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Joseph H. Walker, III

Tipton Court of Criminal Appeals

State vs. James Carroll
W1999-01741-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: C. Creed Mcginley

Carroll Court of Criminal Appeals

State vs. Halley Thompson
W2000-00315-CCA-RM-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: John Franklin Murchison

Chester Court of Criminal Appeals

State vs. Elizabeth Mullins
E1999-01343-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: James B. Scott, Jr.

Anderson Court of Criminal Appeals

State vs. David C. Vazquez
M1999-00211-CCA-R3-CD
Authoring Judge: Judge William B. Acree

Wilson Court of Criminal Appeals

State vs. Jerry Ray Chandler
M1999-00543-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Cornelia A. Clark

Hickman Court of Criminal Appeals

State vs. Rodney Ford
M1999-01078-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Steve R. Dozier

Davidson Court of Criminal Appeals

State vs. Derrick Vernon, et al
W1998-00612-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Arthur T. Bennett

Shelby Court of Criminal Appeals

State vs. Robert Rainey
W1999-00692-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: C. Creed Mcginley

Hardin Court of Criminal Appeals

Harold Wayne Nichols vs. State
E1998-00562-CCA-R3-PD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: D. Kelly Thomas, Jr.
The petitioner filed petitions for post-conviction relief for his conviction for first degree felony murder and his sentence of death, as well as for a number of convictions for sexual attacks on four additional victims. The bases of his complaints were that he had ineffective assistance of counsel at both the guilt and punishment phases of his capital trial, as well as in the noncapital cases, two of which were resolved by pleas of guilty. Specifically, he claimed that counsel failed to adequately investigate and prepare his cases; failed to question the probable cause for his arrest; and failed to question whether his confessions were "false." He raised additional claims of ineffective assistance of counsel and claims regarding the unconstitutionality of the imposition of capital punishment. The post-conviction court denied the claims other than to order new sentencing hearings in the noncapital cases. The petitioner then timely appealed the post-conviction court's rulings, other than the ordering of new sentencing hearings. We have carefully reviewed the record and, based upon our review, we affirm the judgments of the post-conviction court.

Hamilton Court of Criminal Appeals

State vs. Lisa Marie Garren
E1999-02420-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: D. Kelly Thomas, Jr.

Blount Court of Criminal Appeals

Ronnie Ray Hoover vs. State
E1999-01114-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Leon C. Burns, Jr.

Cumberland Court of Criminal Appeals