COURT OF CRIMINAL APPEALS OPINIONS

Daryl Turner vs. State of Tennessee
01C01-9608-CR-00374
Authoring Judge: Judge William M. Barker
Trial Court Judge: Judge Jane Wheatcraft

The appellant, Daryl Turner, appeals the Sumner County Criminal Court’s dismissal of his petition for post-conviction relief. In 1993, appellant was convicted of selling a Schedule II controlled substance, to wit: cocaine, and was sentenced to twelve (12) years as a Range III persistent offender. His conviction and sentence were affirmed by this Court on direct appeal. See State v. Darrel Tucker1, No. 01-C-01-9310-CR00347 (Tenn. Crim. App. at Nashville, Oct. 6, 1994), per. app. denied (Tenn. 1995). The appellant, thereafter, filed a pro se petition for post-conviction relief alleging ineffective assistance of counsel, malicious prosecution, and invalid “reasonable doubt” jury instructions.2 Following an evidentiary hearing, the trial court dismissed appellant’s petition upon finding no ground to warrant post-conviction relief. We affirm the judgment of the trial court pursuant to Rule 20 of the Tennessee Court of Criminal Appeals.

Sumner Court of Criminal Appeals

Daryl Turner vs. State of Tennessee
01C01-9608-CR-00374
Authoring Judge: Judge William M. Barker
Trial Court Judge: Judge Jane Wheatcraft

The appellant, Daryl Turner, appeals the Sumner County Criminal Court’s dismissal of his petition for post-conviction relief. In 1993, appellant was convicted of selling a Schedule II controlled substance, to wit: cocaine, and was sentenced to twelve (12) years as a Range III persistent offender. His conviction and sentence were affirmed by this Court on direct appeal. See State v. Darrel Tucker1, No. 01-C-01-9310-CR00347 (Tenn. Crim. App. at Nashville, Oct. 6, 1994), per. app. denied (Tenn. 1995). The appellant, thereafter, filed a pro se petition for post-conviction relief alleging ineffective assistance of counsel, malicious prosecution, and invalid “reasonable doubt” jury instructions.2 Following an evidentiary hearing, the trial court dismissed appellant’s petition upon finding no ground to warrant post-conviction relief. We affirm the  judgment of the trial court pursuant to Rule 20 of the Tennessee Court of Criminal Appeals.

Sumner Court of Criminal Appeals

State of Tennessee vs. William F. Hegger
01C01-9607-CR-00283
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Thomas H. Ware

On May 17, 1994, a Davidson County jury found Appellant, William F. Hegger, guilty of driving under the influence of an intoxicant, first offense. The trial court sentenced Appellant as a Range I standard offender to eleven months and twenty-nine d ays incarceration (all but ten days suspended), imposed a two-hundred and fifty dollar fine, ordered Appellant to attend alcohol treatment school, and suspended Appellant’s driver’s license for a period of one year. Appellant was further ordered to perform two hundred hours of public service work. On February 22, 1996, following a hearing upon Appellant’s motion, the trial court modified Appellant’s sentence, waiving the fine and public service work. The trial court found that Appellant had completed his jail time and the one year suspension of his license. Appellant filed a timely notice of app eal, raising several issues, namely:

1) whether the trial court erred in allowing evidence regarding the horizontal gaze nystagmus HGN) test;

2) whether the trial court erred in admitting the testimony of Lt. Louise Kelton;
3) whether the evidence was sufficien t to suppo rt the jury verdict;
4) whether the defense counsel provided effective assistance of counsel.

After a review of the record, we affirm the judgment of the trial co urt.

Davidson Court of Criminal Appeals

Randy Hicks v. State of Tennessee
03C01-9608-CR-00296
Authoring Judge: Judge Curwood Witt
Trial Court Judge: Judge Mayo L. Mashburn

Randy Hicks appeals the McMinn County Criminal Court's summary dismissal of his "Motion for New Trial Based on Newly Discovered Evidence Rule 22, FRCrP." The lower court considered this "motion" under the law applicable to motions for new trial, petitions for writ of error coram nobis, and petitions for post-conviction relief, found it without merit, and summarily dismissed Hicks's claim without conducting a hearing. Hicks's underlying conviction is for criminal facilitation of first degree murder, for which he is serving a 25 year sentence. State v. Hicks, 835 S.W.2d 32 (Tenn. Crim. App. 1992). In his pro se appellate brief, Hicks never directly attacks the lower court's denial of his "motion," but he does raise several issues relating to the admission of evidence, denial of a severance and the sufficiency of the convicting evidence at his trial. He also filed with his pro se appellate brief a document entitled Petition for Writ of Error Coram Nobis, in which he alleges that the district attorney knowingly and willfully submitted false evidence in his trial.1 Having painstakingly reviewed the record and Hicks's brief, we affirm the trial court's summary dismissal of the claim. Likewise, we find the petition filed in this court proper for dismissal.

McMinn Court of Criminal Appeals

State vs. Manning
03C01-9501-CR-00012
Trial Court Judge: R. Steven Bebb

Bradley Court of Criminal Appeals

State vs. Garrison
03C01-9702-CC-00047
Trial Court Judge: Thomas W. Graham

Bledsoe Court of Criminal Appeals

State vs. Trampas Sweeney
01C01-9702-CC-00053
Trial Court Judge: William M. Barker

Williamson Court of Criminal Appeals

01C01-9512-CR-00414
01C01-9512-CR-00414

Davidson Court of Criminal Appeals

01C01-9602-CC-00052
01C01-9602-CC-00052

Rutherford Court of Criminal Appeals

01C01-9608-CR-00347
01C01-9608-CR-00347
Trial Court Judge: Ann Lacy Johns

Davidson Court of Criminal Appeals

State vs. Dewayne Cathey
02C01-9612-CR-00446
Trial Court Judge: W. Fred Axley

Shelby Court of Criminal Appeals

State vs. Gabriel Blackman
02C01-9704-CC-00135
Trial Court Judge: Jon Kerry Blackwood

McNairy Court of Criminal Appeals

State vs. Millsaps
03C01-9601-CC-00044

Monroe Court of Criminal Appeals

State vs. Alfonzo Chalmers
W2000-00440-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Chris B. Craft
The defendant appeals from his conviction for first degree premeditated murder. He contends that the evidence is insufficient to support the conviction and that the trial court erred by impermissibly commenting on the evidence in violation of article VI, section 9 of the Constitution of Tennessee. We affirm the judgment of conviction.

Shelby Court of Criminal Appeals

State vs. Crain
03C01-9604-CC-00149

Unicoi Court of Criminal Appeals

03C01-9608-CR-00309
03C01-9608-CR-00309
Trial Court Judge: Frank L. Slaughter

Sullivan Court of Criminal Appeals

State vs. Jones
03C01-9701-CR-00016
Trial Court Judge: Douglas A. Meyer

Hamilton Court of Criminal Appeals

Chad Swatzell vs. State
01C01-9604-CC-00154

Williamson Court of Criminal Appeals

State vs. Robert Bitner
02C01-9705-CC-00177
Trial Court Judge: C. Creed Mcginley

Carroll Court of Criminal Appeals

State vs. Donald Long
02C01-9610-CC-00362
Trial Court Judge: John Franklin Murchison

Henderson Court of Criminal Appeals

State vs. Jeffery Casey
02C01-9701-CC-00015
Trial Court Judge: Julian P. Guinn

Decatur Court of Criminal Appeals

State of Tennessee v. James Henderson Dellinger &Amp; Gary
E1997-00196-CCA-R3-DD
Authoring Judge: Judge Jerry Smith

Blount Court of Criminal Appeals

State vs. McConnell
03C01-9604-CC-00148

Hamblen Court of Criminal Appeals

State vs. Winn
03C01-9702-CR-00081
Trial Court Judge: James E. Beckner

Hamblen Court of Criminal Appeals

Knoxville News Sentinel vs. Huskey
03C01-9708-CR-00331

Knox Court of Criminal Appeals