COURT OF CRIMINAL APPEALS OPINIONS

Charles Gaylor vs. State
03C01-9702-CR-00066
Trial Court Judge: James W Itt

Campbell Court of Criminal Appeals

State vs. Harold Dufour
03C01-9902-CR-00063
Trial Court Judge: James Curwood Witt

Washington Court of Criminal Appeals

State vs. Teresa Everett
E1999-02647-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: E. Eugene Eblen
Following a trial on September 28, 1998, a Loudon County jury convicted Teresa Everett, the defendant and appellant, of attempt to commit second-degree murder. The trial court subsequently sentenced her to serve fifteen (15) years in the Tennessee Department of Corrections. The defendant presents the following issues on appeal (1) Whether the evidence was sufficient to convict her; (2)Whether the trial court erred by allowing improper impeachment; (3) Whether the trial court erred by allowing a lay-witness to testify to his opinion; (4) Whether the trial court erred by allowing the state to introduce character evidence; (5) Whether the state's closing arguments were improper; and (6) Whether the defendant should be granted a new trial based on newly discovered evidence. Although the evidence is sufficient to support the verdict, we find the cumulative effect of all the remaining errors deprived the defendant of a fair trial. Accordingly, we reverse the judgment of the trial court and remand the case for a new trial.

Loudon Court of Criminal Appeals

State vs. Dennis Wade Suttles
03C01-9801-CR-00036

Knox Court of Criminal Appeals

State vs. James Gilbert
03C01-9808-CC-00303
Trial Court Judge: Rex Henry Ogle

Jefferson Court of Criminal Appeals

State vs. Glen Porter
03C01-9808-CR-00294

McMinn Court of Criminal Appeals

State vs. James David Shropshire
E1998-00872-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Richard R. Baumgartner
In March 1996, James David Shropshire, the defendant and appellant, was convicted in the Knox County Criminal Court of aggravated sexual battery and simple assault. Following the jury's verdict, the trial court dismissed the simple assault charge. On appeal, the defendant challenges his conviction for aggravated sexual battery. He raises the following issues: (1) whether the evidence was sufficient to support the conviction; (2) whether a variance between the bill of particulars and the proof adduced at trial was fatal; (3) whether the defendant's conviction violated the double jeopardy clauses of the United States and Tennessee Constitutions; (4) whether the state made improper closing arguments; and (5) whether the trial court erred in allowing the state to introduce evidence that the defendant had committed prior bad acts. Because the jury heard evidence that the defendant committed a crime other than that for which he was on trial, which was the subject of an acquittal, the judgment of the trial court is reversed.

Knox Court of Criminal Appeals

State vs. Timothy V. Bowling
03C01-9805-CR-00167
Trial Court Judge: Lynn W. Brown

Washington Court of Criminal Appeals

Rocky Hipps vs. State
03C01-9807-CC-00237
Trial Court Judge: D. Kelly Thomas, Jr.

Blount Court of Criminal Appeals

Alfonzo T. Peck vs. State
03C01-9809-CR-00329
Trial Court Judge: Douglas A. Meyer

Hamilton Court of Criminal Appeals

State vs. Bruce Edward Rochefort
01C01-9902-CR-00029

DeKalb Court of Criminal Appeals

Willie Lee Benford vs State
01C01-9905-CR-00157

Davidson Court of Criminal Appeals

State vs. Cedron Orgain
01C01-9808-CC-00334
Trial Court Judge: Robert W. Wedemeyer

Montgomery Court of Criminal Appeals

State vs. Fred W. Kincaid, Jr.
03C01-9707-CR-00306
Trial Court Judge: D. Kelly Thomas, Jr.

Blount Court of Criminal Appeals

State vs. James Cannon
03C01-9808-CR-00272
Trial Court Judge: Stephen M. Bevil

Hamilton Court of Criminal Appeals

State vs. James Oakley
03C01-9808-CR-00297

Knox Court of Criminal Appeals

Thomas Eugene Graham vs. State
03C01-9809-CR-00337

Hamilton Court of Criminal Appeals

State vs. Blane Scott Holder
03C01-9812-CC-00439

Jefferson Court of Criminal Appeals

State vs. Jacqueline Stepherson
01C01-9812-CC-00478

Maury Court of Criminal Appeals

State vs. Troy Randall Johnson
01C01-9812-CC-00486

Bedford Court of Criminal Appeals

State vs. Michael O. Brown
01C01-9711-CC-00518
Trial Court Judge: W. Charles Lee

Lincoln Court of Criminal Appeals

State vs. John David Neblett
01C01-9805-CC-00231

Montgomery Court of Criminal Appeals

State vs. Tim Lee Moore
01C01-9807-CC-00317
Trial Court Judge: Es D. Haston

Warren Court of Criminal Appeals

State vs. Frank C. Bright, Jr .
01C01-9807-CR-00291
Trial Court Judge: J. Randall Wyatt, Jr.

Davidson Court of Criminal Appeals

Willie Witherspoon vs. State
01C01-9809-CC-00363

Robertson Court of Criminal Appeals