APPELLATE COURT OPINIONS

03C01-9503-CR-00085

03C01-9503-CR-00085
Polk County Court of Criminal Appeals 12/01/10
State s. Amanda Lee Sutton

E1999-00920-CCA-R3-CD
The defendant, a former day care worker, pled guilty to Class D felony child abuse for breaking the jaw of a two-year-old child in her care. She was given a three-year sentence, to be served in split confinement, with six months in the county workhouse and four years of supervised probation. On appeal, the defendant raises the issues of whether the trial court erred in considering the age, vulnerability, and risk to the victim's life as a sentencing enhancement factor when the offense was already classified according to the age of the victim, and whether the trial court erred in failing to utilize alternative sentencing. Based upon our review, we affirm the decision of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Stephen M. Bevil
Hamilton County Court of Criminal Appeals 12/01/10
03C01-9503-CR-00088

03C01-9503-CR-00088

Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 12/01/10
03C01-9503-CR-00089

03C01-9503-CR-00089

Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 12/01/10
03C01-9503-CR-00076

03C01-9503-CR-00076

Originating Judge:R. Jerry Beck
Sullivan County Court of Criminal Appeals 12/01/10
E1999-00915-CCA-R3-PC

E1999-00915-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:R. Steven Bebb
Bradley County Court of Criminal Appeals 12/01/10
03C01-9503-CR-00102

03C01-9503-CR-00102
Cumberland County Court of Criminal Appeals 12/01/10
03C01-9504-CR-00115

03C01-9504-CR-00115
Hamblen County Court of Criminal Appeals 12/01/10
03C01-9504-CR-00117

03C01-9504-CR-00117

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 12/01/10
03C01-9504-CR-00125

03C01-9504-CR-00125

Originating Judge:Lee Russell
Greene County Court of Criminal Appeals 12/01/10
03C01-9505-CR-00131

03C01-9505-CR-00131
Hamilton County Court of Criminal Appeals 12/01/10
03C01-9505-CR-00142

03C01-9505-CR-00142
Sullivan County Court of Criminal Appeals 12/01/10
03C01-9505-CR-00143

03C01-9505-CR-00143

Originating Judge:R. Jerry Beck
Sullivan County Court of Criminal Appeals 12/01/10
State vs. Michelle Ferguson

E1999-01302-CCA-R3-CD
Defendant Michelle Ferguson was convicted by a jury of two counts of aggravated child abuse and one count of first degree murder in perpetration of aggravated child abuse. The trial court subsequently imposed concurrent sentences of eighteen years, eighteen years, and life. Defendant challenges her convictions, raising the following issues: (1) whether the evidence was sufficient to support her convictions; (2) whether the trial court erred when it failed to sever the trials for the charges in this case; and (3) whether the trial court erred when it failed to grant a motion for a mistrial. The judgment of the trial court is reversed, and the case is remanded for a new trial.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Carroll L. Ross
McMinn County Court of Criminal Appeals 12/01/10
03C01-9412-CR-00450

03C01-9412-CR-00450
McMinn County Court of Criminal Appeals 12/01/10
03C01-9412-CV-00455

03C01-9412-CV-00455

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 12/01/10
03C01-9501-CR-00002

03C01-9501-CR-00002
Hamilton County Court of Criminal Appeals 12/01/10
State of Tennessee v. John Philip Noland

E2000-00323-CCA-R3--CD

Originating Judge:Rex Henry Ogle
Cocke County Court of Criminal Appeals 12/01/10
03C01-9501-CR-00008

03C01-9501-CR-00008

Originating Judge:Mary Beth Leibowitz
Knox County Court of Criminal Appeals 12/01/10
03C01-9501-CR-00009

03C01-9501-CR-00009

Originating Judge:Ray L. Jenkins
Knox County Court of Criminal Appeals 12/01/10
03C01-9501-CR-00009

03C01-9501-CR-00009

Originating Judge:Ray L. Jenkins
Knox County Court of Criminal Appeals 12/01/10
State vs. James Chapman

E1999-01315-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 12/01/10
03C01-9602-CR-00072

03C01-9602-CR-00072

Originating Judge:Douglas A. Meyer
Hamilton County Court of Criminal Appeals 12/01/10
03C01-9502-CR-00029

03C01-9502-CR-00029

Originating Judge:Frank L. Slaughter
Sullivan County Court of Criminal Appeals 12/01/10
State vs. Gordon Scott Katz

E1999-01220-CCA-R3-CD
The appellant, Gordon Scott Katz, was found guilty by a jury in the Criminal Court of Anderson County of one count of auto burglary, a class E felony, and one count of theft under $500, a class A misdemeanor. Subsequently, the trial judge granted the appellant's motion for judgment of acquittal. The State appealed. This court reversed the trial court's judgment of acquittal and remanded for further proceedings. The appellant then moved for a new trial. The trial court denied the appellant's motion for new trial, stating that the opinion of this court mandated a reinstatement of the jury's verdict. The appellant appeals and presents the following issues for our review: (1) whether the trial court erred in ruling that the previous order of the Court of Criminal Appeals required denial of the motion for new trial; (2) whether the indictment in this case is fatally defective such as to require dismissal of this charge; (3) whether the evidence of intent to commit a felony is insufficient to support the conviction; and, (4) whether the evidence of intent to deprive the owner is insufficient to support the conviction. Upon review of the record and the parties' briefs, we reverse the judgment of the trial court and remand for a new trial.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:James B. Scott, Jr.
Anderson County Court of Criminal Appeals 12/01/10