Court of Criminal Appeals Opinions

Format: 03/22/2013
Format: 03/22/2013
State of Tennessee v. Cleo D. Gadson
M2012-01521-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge John H. Gasaway

The Defendant, Cleo D. Gadson, entered a best interest guilty plea to attempted second degree murder, agreeing to allow the trial court to determine his sentence. After a sentencing hearing, the trial court sentenced the Defendant to nine years, to be served at 30%. On appeal, the Defendant contends that the trial court erred when it sentenced him because it improperly considered written statements of persons other than the victim. He further contends that the manner of the service of his sentence is excessive. After a thorough review of the record and applicable authorities, we conclude that there is no error. We, therefore, affirm the trial court’s judgment.

Montgomery County Court of Criminal Appeals 02/14/13
State of Tennessee v. William Benton Pamplin
M2011-01932-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Lee Russell

The Defendant, William Benton Pamplin, pled guilty to burglary of an automobile, vandalism, burning of personal property, and possession of a weapon by a felon. The trial court sentenced him to a six-year sentence, which was to be served on probation. The Defendant’s probation officer filed a probation violation warrant, alleging the Defendant had violated the terms of his probation by filing a false police report. After a hearing, the trial court agreed and revoked the Defendant’s probation. On appeal, the Defendant contends that the trial court improperly ordered him to serve the balance of his sentence in confinement. After a thorough review of the record and applicable authorities, we conclude that the trial court did not err when it revoked the Defendant’s probation and ordered the Defendant to serve the balance of his sentence in confinement. We, therefore, affirm the trial court’s judgment.

Bedford County Court of Criminal Appeals 02/14/13
Roger T. Johnson v. State of Tennessee
M2012-00845-CCA-R3-CO
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The petitioner, Roger T. Johnson, appeals the Davidson County Criminal Court’s summary dismissal of his pro se petition for a writ of error coram nobis. The petitioner maintains that the dismissal was error because newly discovered evidence reveals that his guilty pleas were the result of fraud; therefore, his pleas were not knowingly and voluntarily entered. Upon review, we affirm the judgment of the coram nobis court.

Davidson County Court of Criminal Appeals 02/14/13
State of Tennessee v. Rodney Watkins
W2010-02570-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge Lee V. Coffee

The Defendant, Rodney Watkins, appeals from his conviction by a Shelby County Criminal Court jury of second degree murder, a Class A felony. See T.C.A. § 39-13-210 (2010). The Defendant is serving a twenty-five-year sentence as a violent offender. On appeal, he contends that (1) the evidence is insufficient to support his conviction, (2) the trial court erred in admitting evidence about rumors regarding the victim’s disappearance, and (3) the trial court erred in ruling that the defense could not cross-examine a witness about the witness’s prior assault of his stepfather. We affirm the judgment of the trial court.

Shelby County Court of Criminal Appeals 02/13/13
State of Tennessee v. Jeremy Stevenson
W2011-02053-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge James M. Lammey Jr.

The Defendant-Appellant, Jeremy Stevenson, was convicted by a Shelby County jury of first degree felony murder and especially aggravated robbery and was sentenced to concurrent sentences of life imprisonment and twenty years. On appeal, Stevenson argues that the evidence is insufficient to establish his identity as the perpetrator of these offenses. Upon review, we affirm the judgments of the trial court.

Shelby County Court of Criminal Appeals 02/13/13
Brian Edward Owen v. State of Tennessee
M2012-02467-CCA-R3-CO
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Robbie T. Beal

This matter is before the Court upon the State’s motion to affirm the judgment of the habeas corpus court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Petitioner, Brian Edward Owen, has appealed the habeas corpus court’s order summarily dismissing the petition for writ of habeas corpus. Upon a review of the record in this case, we are persuaded that the habeas corpus court was correct in summarily dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, the State’s motion is granted and the judgment of the habeas corpus court is affirmed.

Hickman County Court of Criminal Appeals 02/13/13
State of Tennessee v. Lesergio Duran Wilson
M2013-00306-CCA-10B-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Cheryl A. Blackburn

The Appellant, Lesergio Duran Wilson, petitions this Court for an accelerated interlocutory appeal as of right pursuant to Tennessee Supreme Court Rule 10B, Section 2. The Appellant seeks review of the trial court’s order denying his motion to recuse. After a thorough review of the petition, this Court concludes that the trial court properly denied Appellant’s motion for recusal. The order of the trial court is affirmed.

Davidson County Court of Criminal Appeals 02/13/13
State of Tennessee v. Roy Brian Avans
M2012-01680-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge J. Curtis Smith

Appellant, Roy Brian Avans, appeals the trial court’s revocation of his probation and reinstatement of his effective ten-year sentence in the Tennessee Department of Correction. Appellant contends that the trial court abused its discretion by revoking his probation and ordering service of the entire sentence without properly considering other available options. We discern no error and affirm the judgment of the trial court.

Marion County Court of Criminal Appeals 02/13/13
State of Tennessee v. David Edmond Rogers
E2012-01138-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Rebecca J. Stern

The defendant, David Edmond Rogers, was convicted by a Hamilton County jury of aggravated burglary, a Class C felony, and theft over $500, a Class E felony, and was sentenced by the trial court as a career offender to fifteen years at sixty percent for the aggravated burglary conviction and six years at sixty percent for the theft conviction, with the sentences to be served consecutively to his sentences for prior Georgia convictions. On appeal, the defendant argues that the trial court erred in denying his motion to suppress evidence obtained as a result of his traffic stop and that the evidence is insufficient to sustain his convictions. Following our review, we affirm the judgments of the trial court.

Hamilton County Court of Criminal Appeals 02/13/13
Derrick Sawyers v. State of Tennessee
M2012-01785-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge J. Randall Wyatt, Jr.

This matter is before the Court upon the State’s motion to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The Petitioner, Derrick Sawyers, filed a "Motion for Relief from Judgment Pursuant to T[enn.] R. Civ. P. Rule 60.02" in the Criminal Court for Davidson County, alleging that (1) his sentences were illegal and (2) the trial court violated his due process rights. The trial court treated the motion as a petition for writ of habeas corpus, it denied relief, and this appeal followed. This case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, the State’s motion is granted, and the judgment of the trial court is affirmed.

Davidson County Court of Criminal Appeals 02/12/13
State of Tennessee v. Jeffrey Scott Petty
M2009-01621-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Robert E. Burch

The Defendant-Appellant, Jeffrey Scott Petty, was convicted by a Dickson County Circuit Court jury of first degree felony murder and arson and was sentenced to consecutive sentences of life imprisonment and five years, respectively. On appeal, Petty argues that the trial court committed plain error by instructing the jury that his statement to law enforcement was a confession rather than an admission against interest. Upon review, we affirm the judgments of the trial court.

Dickson County Court of Criminal Appeals 02/12/13
Floyd Rodriquez Johnson v. State of Tennessee
M2012-00747-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge John H. Gasaway

The petitioner, Floyd Rodriquez Johnson, appeals the Montgomery County Circuit Court’s denial of his petition for post-conviction relief. The petitioner is currently serving an effective twenty-five year sentence in the Department of Correction following his guilty pleas to multiple drug charges. On appeal, the petitioner contends that his guilty pleas were not knowingly and voluntarily entered due to the ineffective assistance of counsel. Specifically, he contends trial counsel was ineffective by failing to ensure that the petitioner understood the terms of the plea agreement and the resulting sentencing consequences if the petitioner failed to complete a drug rehabilitation furlough. Following review, we conclude that the post-conviction court properly determined that the petitioner was not denied his right to the effective assistance of counsel and that the pleas were entered knowingly and voluntarily. The denial of post-conviction relief is affirmed.

Montgomery County Court of Criminal Appeals 02/12/13
State of Tennessee v. Terrence Hill
W2012-00733-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Chris Craft

A Shelby County jury convicted the Defendant, Terrence Hill, of second degree murder. The trial court imposed an eighteen-year and six-month sentence in the Tennessee Department of Correction, to be served at 100%. On appeal, the Defendant argues that: (1) the evidence is insufficient to support his conviction; and (2) the trial court erred when it discharged a prospective juror based upon her inability to be impartial. After thoroughly reviewing the record and applicable authorities, we find that the evidence is sufficient to sustain the Defendant’s conviction and that the trial court did not err in discharging the prospective juror. Accordingly, we affirm the trial court’s judgment.

Shelby County Court of Criminal Appeals 02/11/13