Court of Criminal Appeals Opinions

Format: 05/21/2013
Format: 05/21/2013
State of Tennessee v. Jerrico D. Graves
M2012-01026-CCA-R3-CD
Authoring Judge: Special Judge Christopher Craft
Trial Court Judge: Judge John H. Gasaway, III

The Appellant, Jerrico D. Graves, appeals as of right from the trial court’s revocation of his probation for Aggravated Assault. Although admitting to the violation, the appellant argues that ordering the original sentence of six years to be served in the Department of Correction was not ‘the right thing to do” because of his mental health issues. Following our review, we affirm the trial court’s revocation of probation and the appellant's sentence to the Department of Correction.
 

Montgomery County Court of Criminal Appeals 05/21/13
James G. Coons, II v. State of Tennessee
M2012-00529-CCA-R3-PC
Authoring Judge: Special Judge Christopher Craft
Trial Court Judge: Judge Cheryl A. Blackburn

James G. Coons, II ("the petitioner") filed for post-conviction relief from his open plea of guilty to the lesser included offense of Second Degree Murder and received a maximum Range II sentence of 40 years in the Department of Correction. Specifically, he asserts that counsel did not investigate or prepare for trial properly or advise him properly as to the possibilities of sentencing. The petition was denied and this appeal followed. Upon a thorough review of the record, we affirm the judgment of the post-conviction court

Davidson County Court of Criminal Appeals 05/21/13
State of Tennessee v. William Henry Smith, Jr.
M2012-00784-CCA-R3-CD
Authoring Judge: Special Judge Christopher Craft
Trial Court Judge: Judge F. Lee Russell

The appellant, William, Henry Smith, Jr., appeals his Bedford County jury conviction for Driving while Motor Vehicle Habitual Offender, arguing that the evidence was insufficient to support his conviction. He also states that his six year sentence in the Department of Correction was excessive. Finding the evidence sufficient and the sentence proper, we affirm the judgments of the trial court.
 

Bedford County Court of Criminal Appeals 05/21/13
State of Tennessee v. Gerald Branden Fitzpatrick
M2012-00186-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Monte Watkins

The Petitioner, Gerald Branden Fitzpatrick, was convicted in the Davidson County Criminal Court of aggravated sexual battery, a Class B felony. After a sentencing hearing, the trial court sentenced him to eleven years in confinement to be served at 100%. On appeal, the appellant contends that (1) the evidence is insufficient to support the conviction; (2) the trial court erred by failing to grant his motion for judgment of acquittal when the minor victim placed the date of the crime outside the dates alleged in the indictment; (3) the trial court erred by allowing the victim to testify through anatomical drawings rather than verbal testimony, which permitted the State to lead the victim; and (4) the trial court erred by allowing two State witnesses to give hearsay testimony. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court.
 

Davidson County Court of Criminal Appeals 05/20/13
Kenneth Miller v. State of Tennessee
M2012-01781-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Cheryl Blackburn

The petitioner, Kenneth Miller, appeals the denial of his petition for post-conviction relief from his Davidson County Criminal Court jury convictions of conspiracy to deliver 300 grams or more of cocaine, delivery of 300 grams or more of cocaine, and possession with intent to deliver 300 grams or more of cocaine. In this appeal, he contends that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm the judgment of the post-conviction court.
 

Davidson County Court of Criminal Appeals 05/20/13
Eugene Spivey v. State of Tennessee
W2012-01417-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Clayburn Peeples

The Petitioner, Eugene Spivey, appeals the Crockett County Circuit Court’s denial of post conviction relief from his conviction of second degree murder, a Class B felony. In this appeal, the Petitioner argues that he received ineffective assistance of counsel and that he entered an involuntary and unknowing guilty plea. In the alternative, he argues the State withheld exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 87, 83 S. Ct. 1194, 1196-97 (1963). Upon review, we affirm the judgment of the post-conviction court.

Crockett County Court of Criminal Appeals 05/17/13
State of Tennessee v. Tolbert Cates Kail
W2011-01474-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Clayburn Peeples

The Defendant-Appellant, Tolbert Cates Kail, was convicted by a Crockett County jury of two counts of especially aggravated sexual exploitation of a minor, a Class B felony, sexual exploitation of a minor with fifty images or less, a Class D felony, contributing to the delinquency of a minor, a Class A misdemeanor, and assault, a Class B misdemeanor. The trial court sentenced Kail as a Range I, standard offender to an effective sentence of twelve years at 100%. On appeal, Kail argues (1) the evidence was insufficient to support his convictions; and (2) the trial court erred in denying his motion to sever. Upon review, we affirm the judgments of the trial court.

Crockett County Court of Criminal Appeals 05/17/13
Timothy Clinger v. State of Tennessee
M2012-02296-CCA-R3-HC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge J. Randall Wyatt, Jr.

Petitioner, Timothy Clinger, appeals from the trial court’s summary dismissal of his petition for habeas corpus relief. The State has filed a motion for this court to affirm pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Having reviewed the record, we affirm the trial court’s judgment.
 

Davidson County Court of Criminal Appeals 05/17/13
State of Tennessee v. Gabriella M. Dorado
E2012-00308-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Jon Kerry Blackwood

The Defendant, Gabriella M. Dorado, pled guilty to attempted possession with intent to sell a Schedule I controlled substance, simple possession of a Schedule VI controlled substance, and possession of drug paraphernalia. Pursuant to the plea agreement, the trial court sentenced the Defendant to an effective six-year sentence to be served on supervised probation. Thereafter, the Defendant filed a motion to withdraw her guilty plea, claiming that she received the ineffective assistance of counsel, which constituted a “manifest injustice.” After a hearing, the trial court denied her motion. The Defendant appeals the trial court’s denial, claiming the trial court erred when it found that she had not proved that Counsel’s representation prejudiced her. After a thorough review of the applicable law and the record, we affirm the trial court’s judgment.

Knox County Court of Criminal Appeals 05/17/13
John Williams v. State of Tennessee
W2012-00746-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge John Fowlkes

The petitioner, John Williams, appeals the denial of his petition for post-conviction relief. The petitioner is currently serving an effective sentence of 161 years following his convictions for five counts of especially aggravated kidnapping and three counts of aggravated robbery. In this appeal, he contends that his petition for relief was erroneously denied because his right to a public trial was violated and that trial counsel was ineffective in failing object to or raise that violation. Following review of the record, we affirm the denial of the post-conviction petition.

Shelby County Court of Criminal Appeals 05/16/13
Anthony L. Washington v. Dwight Barbee
W2012-01888-CCA-R3-HC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Joseph Walker

Petitioner pro se appeals the Lauderdale County Circuit Court’s denial of his petition for habeas corpus. The petitioner contends that his conviction for first degree (felony) murder is void because of a defect in his indictment. This issue was previously adjudicated in one of the petitioner’s prior petitions for habeas corpus, and this court is bound by the result reached in the prior case. The judgment of the habeas corpus court is affirmed.

Lauderdale County Court of Criminal Appeals 05/16/13
State of Tennessee v. Collier Smith
W2012-01455-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Special Judge L.T. Lafferty

The defendant, Collier Smith, pled guilty to statutory rape, a Class E felony, and was sentenced as a Range I, standard offender to one year, suspended to two years probation. On appeal, he argues that the trial court erred in denying his request for judicial diversion. Following our review, we affirm the judgment of the trial court.

Shelby County Court of Criminal Appeals 05/16/13
Terry Wayne Robinson v. State of Tennessee
W2012-01014-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Donald H. Allen

The petitioner, Terry Wayne Robinson, appeals the denial of his petition for post-conviction relief. The petitioner was convicted of one count of theft of property over $10,000, a Class C felony, and sentenced as a multiple offender to ten years in the Department of Correction. On appeal, he contends that the post-conviction court erred in denying his petition because he was denied his right to the effective assistance of counsel. Specifically, he contends that trial counsel was ineffective by failing to interview witnesses and by failing to insist that the petitioner testify at trial. Following review of the record, we affirm the denial of the petition.

Madison County Court of Criminal Appeals 05/16/13