| State vs. John D. Brown
E1999-02217-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:R. Steven Bebb |
McMinn County | Court of Criminal Appeals | 08/22/00 | |
| State vs. John D. Brown
E1999-02217-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:R. Steven Bebb |
McMinn County | Court of Criminal Appeals | 08/22/00 | |
| 25840-COA-R3-CV
25840-COA-R3-CV
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 08/22/00 | |
| State vs. Cornelius Michael Hyde
E2000-00042-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 08/22/00 | |
| State of Tennessee v. James Wesley Osborne
E1999-01071-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:O. Duane Slone |
Jefferson County | Court of Criminal Appeals | 08/22/00 | |
| State vs. Billy Kenneth Hall
E1999-02146-CCA-R3-CD
The defendant appeals his convictions for aggravated kidnapping and aggravated rape, contending that the evidence is insufficient to support his convictions, that the trial court should have granted a continuance to allow him to substitute counsel, and that his attorney was constitutionally ineffective. We affirm the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 08/22/00 | |
| State vs. Cornelius Michael Hyde
E2000-00042-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 08/22/00 | |
| State vs. William Livingstone, Jr.
E1999-01362-CCA-R3-CD
A Hamblen County jury convicted the Defendant of three counts of obtaining prescription drugs by fraud, and the trial court sentenced him as a Range II persistent offender to six years incarceration for each count, with the sentences to be served concurrently, but consecutive to a previous conviction for which he received a twenty-one-year sentence. On appeal, the Defendant argues: (1) that he was improperly arraigned; (2) that the evidence is insufficient to support his convictions; (3) that a mistrial should have been ordered by the trial court when a witness speculated that the Defendant might have been Sheriff of Grainger County at one time; (4) that the trial court erred by failing to grant the Defendant's motion for a change of venue; (5) that the trial court should have recused itself; and (6) that the Defendant was denied a speedy trial. Finding no merit to these allegations, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:James E. Beckner |
Hamblen County | Court of Criminal Appeals | 08/22/00 | |
| Jerrell Livingston vs. James Dukes
W2000-00840-CCA-R3-CD
This appeal results from the trial court's denial of the petitioner's petition for writ of habeas corpus based on the fact that the challenged judgment was not invalid on its face, nor had the petitioner's sentence expired. The court also considered this request as a petition for post-conviction relief but dismissed the petition for lack of jurisdiction. Based upon our review of the record, we affirm the trial court's dismissal of the petitioner's request for habeas corpus or post-conviction relief.
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 08/22/00 | |
| State vs. Terrence Jackson
W2001-01001-CCA-R3-CD
The defendant appeals the revocation of his probation and reinstatement of his original six-year sentence for aggravated assault. The trial court found the defendant violated the terms of his probation by failing to verify employment, failing to exhibit conduct consistent with good citizenship, and failing to comply with curfew requirements; thus, it revoked his probation. We affirm.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 08/21/00 | |
| Terence A. Johnson v. Saturn Corporation
M1999-01377-WC-R3-CV
The employer, Saturn Corporation, contends the evidence preponderates against the trial court's findings as to causation and notice.
Authoring Judge: Loser, Sp. J.
Originating Judge:Ellen Hobbs Lyle, Chancellor |
Johnson County | Workers Compensation Panel | 08/21/00 | |
| State vs. Clarence Weaver
E1999-02005-CCA-R3-CD
This appeal arises from the sentence that the defendant received after pleading guilty to aggravated burglary. He challenges the trial court's application of one of the four enhancement factors found, refusal to apply three mitigating factors, and refusal to place him in the Community Alternatives to Prison Program (CAPP). Based upon our review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 08/21/00 | |
| Dwight Seaton v. State of Tennessee
E1999-01312-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Ben W. Hooper, II |
Sevier County | Court of Criminal Appeals | 08/21/00 | |
| Larry Ward on behalf of Antonio Ward
W1999-01324-COA-R3-CV
This is a dispute between Plaintiff Larry D. Ward and Defendants A.C. Gilless, Jr., The Shelby County Sheriff's Office ("Sheriff's Office"), Ted Fox, and The Shelby County Division of Public Works ("Division of Public Works") regarding the cause of an automobile accident that resulted in the death of Reco Antonio Ward ("Decedent"), Mr. Ward's son. The trial court found that the Decedent was negligent, that the Decedent's own negligence was the proximate cause of his death, and that any negligence on the part of the Defendants was exceeded by the negligence of the Decedent. For the reasons set forth below, we affirm the ruling of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 08/21/00 | |
| State vs. James Snider
W1999-01849-CCA-R3-CD
The defendant was found guilty of rape of a child and aggravated sexual battery. He appealed, arguing that the evidence was insufficient to support a guilty verdict and that the trial court erred in allowing the victim's mother to testify to hearsay statements made by the victim, in prohibiting the defendant from questioning the victim's mother about sexual abuse in her childhood, and in sentencing the defendant in an excessive manner on the rape conviction. We conclude that these issues are without merit and affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 08/18/00 | |
| State of Tennessee v. Kevin Wilkins
W1999-01462-CCA-MR3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Derrick Williams
W1999-01231-CCA-R3-CD
This appeal arises from the defendant's challenge to his sentence of twelve years plus a $10,000 fine for vehicular homicide, four years for reckless aggravated assault, one year for leaving the scene of an accident, and eleven months and twenty-nine days plus a $350 fine for driving under the influence. The sentences are to be served concurrently. The defendant disputes the trial court's application of three of four enhancement factors and refusal to apply a mitigating factor in reaching the sentence. Based upon our review, we affirm the convictions for vehicular homicide, reckless aggravated assault, and leaving the scene of an accident, and reverse and dismiss the conviction for driving under the influence, this offense being merged into the conviction for vehicular homicide. Additionally, we conclude that the trial court incorrectly applied certain enhancement factors. According, we reduce the sentence for vehicular homicide to ten years and the sentence for reckless aggravated assault to three years. All sentences are to be served concurrently, as ordered by the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Dick Jerman, Jr. |
Crockett County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Lee Townes
W1999-01126-CCA-R3-CD
The trial court dismissed the petitioner's post-conviction relief petition, based upon its findings that trial counsel rendered effective assistance and that the other grounds for relief had been waived or previously determined. On appeal, the record supports the trial court's judgment, and we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Julian P. Guinn |
Carroll County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Reggie Jones
W1999-00898-CCA-R3-CD
The defendant was found guilty of aggravated robbery, theft over $10,000 and felonious escape. The trial court merged the theft conviction into the aggravated robbery conviction. Defendant received a ten-year sentence for aggravated robbery and a consecutive one-year sentence for felonious escape. The defendant raises the following issues for review: (1) whether the defendant's prosecution in Haywood County for aggravated robbery, following an acquittal for the same offense in federal court, violated double jeopardy; (2) whether the trial court erred in failing to grant a new trial when it was discovered that a juror had a prior felony conviction; and (3) whether the defendant was improperly convicted of both aggravated robbery and the lesser-included offense of theft. Upon a review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:William B. Acree |
Haywood County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Letivias Prince
M1998-00005-CCA-R3-CD
The defendant, Letivias Prince, was convicted of first degree murder and was sentenced to life imprisonment. On appeal, the defendant argues that the jury pool did not adequately represent the racial makeup of the community; that pre-trial publicity deprived him of a fair trial; that the trial court erred by permitting eight peremptory challenges in jury selection; that the trial court erred by allowing the state to either call a rebuttal witness or receive a missing witness instruction; that the trial court erred by instructing the jury regarding the order of consideration of offenses; and that the evidence was insufficient to sustain his conviction. The judgment of the trial court is affirmed.
Authoring Judge: Judge Jerry Smith
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Ricky Lee Cook
M2000-00178-CCA-R3-CD
Defendant appeals the revocation of his probation and reinstatement of a portion of his original sentence. The defendant plead guilty to possession of drug paraphernalia, and received a sentence of eleven (11) months, twenty-nine (29) days, which was completely suspended after the service of forty-eight (48) hours. After a revocation hearing, the trial court revoked defendant's probation and required him to serve a portion of his sentence. Concluding that the defendant violated at least four specific terms of his probation, we affirm the judgment of the trial court.
Authoring Judge: Judge Cornelia A. Clark
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Timothy C. Hutson
M1999-00329-CCA-R9-CD
This appeal arises from the order of the Davidson County Criminal Court upholding the district attorney general's refusal to accept the application of the defendant, Timothy C. Hutson, for pretrial diversion. The defendant asserts that the trial court erred in failing to determine that the district attorney general abused his discretion by relying on facts not supported by the evidence and by failing to consider all relevant factors. We conclude that substantial evidence was before the district attorney general to support the validity of each factor relied on in denying pretrial diversion and that there was substantial evidence to show that the district attorney general considered all relevant factors. Accordingly, the judgment of the trial court is affirmed.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 08/18/00 | |
| State vs. William M. Hukowicz
M1999-00073-CCA-R9-CD
Following a suppression hearing, the Wilson County Criminal Court, J.O. Bond, J., ordered certain portions of the defendant's statement given to police suppressed, holding that the defendant had exercised his right to remain silent. The state filed an interlocutory appeal. The Court holds that the evidence does not preponderate against the trial court's finding that the defendant's refusal to answer other questions by stating "no comment" or a similar declaration was a proper assertion of the defendant's right to remain silent. However, the trial court should have suppressed the entire statement given following the defendant's assertion of his right to remain silent. Remanded.
Authoring Judge: Judge Jerry Smith
Originating Judge:J. O. Bond |
Wilson County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Joe W. Steward
M1999-01284-CCA-R3-CD
Because the defendant, Joe W. Steward, was lawfully stopped at a traffic enforcement roadblock, his conviction for driving under the influence, second offense, is affirmed. The issue reserved on appeal by the defendant does not warrant suppression of the evidence.
Authoring Judge: Judge Gary R Wade
Originating Judge:Cornelia A. Clark |
Lewis County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Gerald W. McCullough
M1999-01525-CCA-R3-CD
The defendant, Gerald W. McCullough, was convicted of aggravated sexual battery. The trial court imposed a twelve-year sentence. In this appeal of right, the defendant contends that the trial court erred by allowing proof of more than one instance of sexual misconduct and by imposing an excessive sentence. Because the sentence was not excessive, and because the defendant waived the issue of the admissibility of uncharged sex crimes, the judgment is affirmed.
Authoring Judge: Judge Gary R Wade
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 08/18/00 |
