Court of Criminal Appeals Opinions

Format: 05/24/2013
Format: 05/24/2013
State of Tennessee v. Willie Earl Brown, Jr.
M2012-01286-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge Steve R. Dozier

This appeal arises from the second jury trial in this matter. At his first trial, a Davidson County jury convicted appellant, Willie Earl Brown, Jr., of eleven counts of rape of a child, and he received a sentence of seventy-four years in the Tennessee Department of Correction. On appeal, this court reversed his convictions based on the improper admission of evidence relating to uncharged sexual conduct and remanded for a new trial. See State v. Willie Earl Brown, Jr., No. M2009-00505-CCA-R3-CD, 2010 WL 4396490, at *1 (Tenn. Crim. App. Nov. 15, 2010). Following the remand, the parties amended the indictment to charge eight counts of rape of a child. At his second trial, the jury convicted him as charged, and the trial court sentenced him to an effective sentence of eighty years in the Tennessee Department of Correction. In this appeal, appellant argues that (1) the State’s election of offenses failed to distinguish count seven from counts one and four; (2) the trial court erred by admitting the victim’s forensic interview; (3) the trial court erred by imposing a harsher sentence after appellant’s second trial; and (4) the trial court erred by imposing partial consecutive sentences. Following a thorough review of the record, we affirm the trial court’s judgments.
 

Davidson County Court of Criminal Appeals 05/23/13
Ashley Mai Cook v. State of Tennessee
M2012-01876-CCA-R3-PC
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge Robert Crigler

Petitioner, Ashley Mai Cook, was convicted of first degree murder and conspiracy to commit first degree murder, for which she received consecutive sentences of life in prison and twenty years, respectively. In this petition for post-conviction relief, petitioner alleges that trial counsel rendered ineffective assistance by failing to properly advise her with regard to whether to testify at trial. Discerning no error, we affirm the judgment of the post-conviction court.
 

Bedford County Court of Criminal Appeals 05/23/13
State of Tennessee v. Ernest Dodd
M2011-02259-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Larry B. Stanley

Appellant, Ernest Dodd, was indicted by the Warren County Grand Jury in 2010 along with three other defendants for initiating a process intended to result in the manufacture of methamphetamine and promoting the manufacture of methamphetamine. Appellant was convicted by a jury of initiating a process to manufacture methamphetamine and attempt to promote the manufacture of methamphetamine. As a result, Appellant was sentenced to an effective sentence of nineteen years at thirty-five percent. After the denial of a motion for new trial, Appellant filed a timely notice of appeal. On appeal, he presents the following issues: (1) whether the trial court improperly denied Appellant’s motion in limine to exclude photographs of precursors to manufacturing methamphetamine; (2) whether the evidence was sufficient to support the convictions; (3) whether the trial court imposed an excessive sentence; and (4) whether the convictions should be reversed for cumulative error. After a review of the record, we determine: (1) that the trial court properly admitted photographs of the precursors to manufacturing methamphetamine where the actual evidence was destroyed as hazardous material; (2) the evidence was sufficient to support the convictions; and (3) the trial court properly sentenced Appellant. Consequently, the judgments of the trial court are affirmed.
 

Warren County Court of Criminal Appeals 05/23/13
State of Tennessee v. Steven O. Hughes-Mabry
E2011-02255-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge R. Jerry Beck

The Defendant, Steven O. Hughes-Mabry, was convicted by a Sullivan County jury of possession of .5 grams or more of cocaine with intent to sell or deliver within 1000 feet of a school zone, introduction of contraband into a penal institution, and driving on a suspended license. He was sentenced to concurrent terms of fifteen years, three years, and six months, respectively. In this direct appeal, the Defendant challenges (1) the denial of his motion to suppress, arguing that the officers lacked reasonable suspicion for an investigatory stop; (2) the sufficiency of the evidence establishing that the possession offense occurred within 1000 feet of a school zone; and (3) the trial court’s refusal to impose sanctions against the State for failing to preserve the identity of a witness. After a thorough review of the record and the applicable authorities, we affirm the judgments of the trial court.

Sullivan County Court of Criminal Appeals 05/23/13
State of Tennessee v. Daniel David Colby
M2012-00261-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Robert E. Burch

Defendant, Daniel David Colby, was charged in a presentment returned by the Dickson County Grand Jury with two counts of rape of a child, a Class A felony. He subsequently was allowed to plead guilty to two counts of aggravated sexual battery, a Class B felony, in lieu of the greater offense of rape of a child. Defendant submitted to the trial court’s determination the length and manner of service of the sentences following a hearing. The trial court imposed the minimum sentence of eight (8) years for each conviction and ordered the sentences to be served consecutively. In Defendant’s only issue on appeal, he argues that the trial court erred by imposing consecutive sentencing. After a thorough review, we affirm the sentences and the imposition of consecutive sentencing, but remand to the trial court for entry of appropriate amended judgments which set forth all pretrial jail credits to which Defendant may be entitled, and for correction to show the convictions are in Dickson County rather than Anderson County.
 

Dickson County Court of Criminal Appeals 05/22/13
Omar Theron Davis v. State of Tennessee
M2012-01061-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge John H. Gasaway

The petitioner, Omar Theron Davis, appeals the denial of his petition for post-conviction relief from his 2006 Montgomery County Circuit Court convictions of aggravated rape, aggravated burglary, aggravated robbery, especially aggravated kidnapping, and theft of property valued over $500, claiming that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm the order of the Circuit Court.
 

Montgomery County Court of Criminal Appeals 05/22/13
State of Tennessee v. Scotty Wayne Poarch
M2012-01979-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Robert Crigler

The Defendant, Scotty Wayne Poarch, challenges (1) the length of his sentence imposed by the trial court as a result of his guilty pleas and (2) the trial court’s denial of alternative sentencing. After a review of the record and the applicable authorities, we discern no error in the trial court’s determinations and affirm the judgments of the trial court.
 

Marshall County Court of Criminal Appeals 05/22/13
State of Tennessee v. Toni S. Davis
E2012-00495-CCA-R3-CD
Authoring Judge: Special Judge Christopher Craft
Trial Court Judge: Judge Robert H. Montgomery

The appellant, Toni S. Davis, entered a plea of guilty to six counts of the sale and delivery of Suboxone, a Schedule III controlled substance used for treatment of opioid addiction. The trial court denied her request for judicial diversion, instead imposing concurrent two-year suspended sentences. The appellant challenges the denial of judicial diversion and also the imposition of a special condition of her probation that she must petition the trial court if she wishes to remain in her Suboxone treatment program for opiate addiction past six months. Following our review of the record, we affirm the judgment of the trial court.

Sullivan County Court of Criminal Appeals 05/22/13
State of Tennessee v. Kimar Rashad Peebles
M2012-00942-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Cheryl Blackburn

A Davidson County jury convicted the Defendant, Kimar Rashad Peebles, of aggravated robbery, and the trial court sentenced him to ten years in the Tennessee Department of Correction. On appeal, the Defendant contends: (1) the evidence is insufficient to sustain his conviction; and (2) the trial court erred when sentencing him. After a thorough review of the record and applicable authorities, we affirm the trial court’s judgment.
 

Davidson County Court of Criminal Appeals 05/22/13
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