COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Robert H. Harper, Jr.
W1999-00492-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge C. Creed McGinley

The defendant, Robert H. Harper, Jr. appeals upon a certified question of law his conviction in the Hardin County Circuit Court for felonious possession of marijuana for which he received a three year sentence as a Range I, standard offender and a fine of five thousand dollars. The defendant asserts that the stop of his vehicle was not based upon reasonable suspicion and that the subsequent warrantless search was unlawful. We conclude that the stop and search were improper, and we reverse the judgment of conviction and dismiss the case.

Hardin Court of Criminal Appeals

Ronald C. Mitchell v. State of Tennessee
W1999-01097-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Joseph H. Walker, III

Ronald C. Mitchell appeals from the Lauderdale County Circuit Court’s denial of his petition for post-conviction relief following an evidentiary hearing. He contends that he is entitled to post-conviction relief from a conviction for felonious possession of cocaine because (1) he received the ineffective assistance of trial counsel, (2) he received the ineffective assistance of appellate counsel, (3) the convicting trial court’s admission of a pager and money violated his right to due process, and (4) the systematic exclusion of African-Americans from the position of grand jury foreperson violated his right to equal protection. We affirm the trial court’s denial of the petition.

Lauderdale Court of Criminal Appeals

Jeffery L. Vaughn v. State of Tennessee
W1999-01490-CCA-R3-PC
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Lee Moore

Jeffery L. Vaughn appeals from the Dyer County Circuit Court’s denial of his petition for postconviction relief following an evidentiary hearing. He contends that he was deprived of his constitutional right to a fair trial because jurors allegedly overheard a bench conference  egarding his prior criminal record. He also contends that he received the ineffective assistance of counsel at trial due to his counsels’ failure to inform him of the correct sentencing range, to have the cocaine independently weighed, to present the testimony of his drug counselor, and to move for an acquittal at the end of the proof. We affirm the trial court’s denial of the petition for post-conviction relief.

Dyer Court of Criminal Appeals

State of Tennessee v. Jeremy M. Batey
M1999-00245-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge J. Randall Wyatt, Jr.

A Davidson County jury convicted the appellant, Jeremy M. Batey, of one count of reckless homicide, a Class D felony. The trial court sentenced the appellant as a Range I offender to three years incarceration in the local workhouse. On appeal the appellant contends that the trial court erred in denying him an alternative sentence solely on the basis that the crime involved a death. We hold that where the legislature has provided for alternative sentencing in certain homicide offenses, the denial of an alternative sentence solely on the basis of the victim’s death is erroneous. However, in the instant case the circumstances of the offense, including illegal drug and alcohol use which contributed to the offense, and the appellant’s history of alcohol and drug abuse, including the use of marijuana 2 ½ years after the offense and approximately four months prior to his trial justify the denial of alternative sentencing.

Davidson Court of Criminal Appeals

01C01-9905-CC-00180
01C01-9905-CC-00180
Trial Court Judge: Donald P. Harris

Court of Criminal Appeals

State vs. Michael A. Daniel
M1998-00092-CCA-R3-CD
Authoring Judge: Judge David H. Welles

Davidson Court of Criminal Appeals

M1998-00323-CCA-R3-CD
M1998-00323-CCA-R3-CD

Montgomery Court of Criminal Appeals

01C01-9807-CR-00298
01C01-9807-CR-00298
Trial Court Judge: Walter C. Kurtz

Davidson Court of Criminal Appeals

State vs. Fred Edmond Dean
E1998-00135-CCA-R3-PC
Authoring Judge: Judge David H. Welles

Sullivan Court of Criminal Appeals

State vs. Daniel Phillips, Jr.
E1999-01104-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley

Anderson Court of Criminal Appeals

State vs. Susan L. Adams a/k/a Shannon Adams
M1999-01200-CCA-R3-CD
Authoring Judge: Sr. Judge L. Terry Lafferty
Trial Court Judge: Cornelia A. Clark

Williamson Court of Criminal Appeals

M1999-01517-CCA-R3-PC
M1999-01517-CCA-R3-PC

Lincoln Court of Criminal Appeals

State vs. Gregory Lavell Carson, Jr.
M1999-00315-CCA-R3-CD
Authoring Judge: Sr. Judge L. Terry Lafferty
Trial Court Judge: J. Stephen Daniel

Rutherford Court of Criminal Appeals

Michael Allen Hamlin vs. State
M1999-00936-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley

Marshall Court of Criminal Appeals

01C01-9811-CC-00453
01C01-9811-CC-00453

Williamson Court of Criminal Appeals

John Hessmer vs. State
M2004-02818-CCA-R3-HC
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Monte D. Watkins
This matter is before the Court upon the State's motion to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petitioner has appealed the trial court's order summarily dismissing the petition for writ of habeas corpus. Upon a review of the record in this case, we are persuaded that the trial court was correct in summarily dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

Davidson Court of Criminal Appeals

W1999-01011-CCA-R3-PC
W1999-01011-CCA-R3-PC

Dyer Court of Criminal Appeals

State vs. John Ruff
W1999-01457-CCA-R3-CD

Shelby Court of Criminal Appeals

State vs. Christopher Max Hall
M1998-00180-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Leon C. Burns, Jr.

Putnam Court of Criminal Appeals

State vs. Lester Coble
W1998-00690-CCA-R3-CD

Madison Court of Criminal Appeals

State vs. James Higgins
W1999-01726-CCA-R3-PC

Madison Court of Criminal Appeals

State vs. Anthony Anderson
W1999-01730-CCA-R3-PC

Madison Court of Criminal Appeals

State vs. John H. Williams
W1999-01731-CCA-R3-PC

Madison Court of Criminal Appeals

State vs. Eric Thomas
W1999-01255-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Joseph B. Dailey

Shelby Court of Criminal Appeals

State vs. Stanley Adams
W1999-02741-CCA-R3-PC

Shelby Court of Criminal Appeals