Court of Criminal Appeals Opinions

Format: 07/26/2014
Format: 07/26/2014
State of Tennessee v. Kayla Clark
M2013-02325-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge Stella Hargrove

Appellant, Kayla Clark, was convicted of two counts of sale of a Schedule III controlled substance and was sentenced as a Range I, standard offender to concurrent sentences of four years each, to be served in the custody of the Tennessee Department of Correction.  In this appeal, she challenges both the lengths of her sentences and the manner of service. Following our review, we affirm the judgments of the trial court.

Maury County Court of Criminal Appeals 06/06/14
State of Tennessee v. Larry Mitchell Brooks
M2013-00866-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Jim T. Hamilton

Appellee, Larry Mitchell Brooks, was indicted by the Maury County Grand Jury for one count of driving under the influence, one count of violation of the open container law, one count of violation of the registration law, one count of violation of financial responsibility law, and one count of failure to maintain control.  Prior to trial, Appellee filed a motion to suppress the blood sample evidence on the basis that the State was unable to provide proper chain of custody for the sample.  After a hearing, the trial court granted the motion to suppress by written order.  The trial court entered an order of nolle prosequi.  The State filed a notice of appeal on the same day that the order of nolle prosequi was entered.  After a review of the record and applicable authorities, we determine that Tennessee Code Annotated section 55-10-410 does not require the certificate of the blood draw to include the person who took the blood specimen in order to establish chain of custody and that the evidence at the hearing on the motion to suppress adequately established the chain of custody.  Accordingly, we reverse the grant of the motion to suppress and remand the matter for further proceedings consistent with this opinion. 

Maury County Court of Criminal Appeals 06/06/14
State of Tennessee v. Mark A. Crites
M2013-01681-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge James G. Martin, III

Appellant, Mark A. Crites, was convicted of operating a motor vehicle after being declared a habitual traffic offender, a Class E felony.  See Tenn. Code Ann. § 55-10-616.  The trial court sentenced him as a career offender to serve six years in the Tennessee Department of Correction.  On appeal, appellant argues that the assistant district attorney general committed prosecutorial misconduct in her opening statement and that the evidence was insufficient to support his conviction.  Following our review, we affirm the judgment of the trial court.   

Williamson County Court of Criminal Appeals 06/06/14
Kenneth L. Peachman v. State of Tennessee
M2013-02171-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Michael R. Jones

The petitioner, Kenneth L. Peachman, appeals the denial of his petition for post-conviction relief, which challenged his 2007 Montgomery County Circuit Court guilty-pleaded convictions of second degree murder and solicitation of first degree murder, claiming that the ineffective assistance of his trial counsel rendered his guilty pleas unknowing and involuntary.  Discerning no error, we affirm the judgment of the post-conviction court. 

Montgomery County Court of Criminal Appeals 06/06/14
State of Tennessee v. Nathaniel Maclin
W2013-00967-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt Jr.
Trial Court Judge: Judge Lee V. Coffee

The defendant, Nathaniel Maclin, appeals his Shelby County Criminal Court jury conviction of sexual battery by an authority figure, challenging the sufficiency of the convicting evidence. Discerning no error, we affirm.

Shelby County Court of Criminal Appeals 06/06/14
State of Tennessee v. Jimmie Martin
W2013-00889-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge James M. Lammey Jr.

A Shelby County Criminal Court Jury convicted the appellant, Jimmie Martin, of second degree murder, a Class A felony, and the trial court sentenced him to twenty years to be served at 100%. On appeal, the appellant contends that the evidence is insufficient to support the conviction; that the trial court erred by allowing State witnesses to testify about his prior bad acts in violation of Rule 404(b), Tennessee Rules of Evidence; and that the trial court erred by ruling that statements made by the victim were admissible under the excited utterance exception to the hearsay rule. Based upon the record and the parties’ briefs, we conclude that the trial court erred by ruling that the victim statements to a police officer qualified as excited utterances. However, we conclude that the error was harmless and affirm the appellant’s conviction.

Shelby County Court of Criminal Appeals 06/05/14
State of Tennessee v. Anthony Henvey aka Anthony Hervey
W2013-00654-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge W. Mark Ward

A Shelby County Criminal Court Jury convicted the appellant, Anthony Henvey aka Anthony Hervey, of attempted second degree murder, a Class B felony, and possession of a weapon during the commission of a dangerous felony, a Class C felony, and he received an effective sixteen-year sentence. On appeal, the appellant contends that the evidence is insufficient to support the attempted murder conviction and that the trial court erroneously instructed the jury on self-defense. Based upon the record and the parties’ briefs, we conclude that the self-defense instruction was erroneous but that the error was harmless. Therefore, the appellant’s convictions are affirmed.

Shelby County Court of Criminal Appeals 06/05/14
State of Tennessee v. Andres Andres Francisco
E2013-00360-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Bob R. McGee

A Knox County Criminal Court Jury convicted the appellant, Andres Andres Francisco, of one count of attempted aggravated sexual battery and three counts of rape of a child. Following his convictions, the trial court imposed a total effective sentence of fifty years in the Tennessee Department of Correction. On appeal, the appellant contends that the evidence was not sufficient to sustain his convictions; that the trial court erred in denying his motions to suppress DNA evidence and his statement to police; and that the trial court erred by imposing consecutive sentencing. Upon review, we affirm the judgments of the trial court.

Knox County Court of Criminal Appeals 06/05/14
Antonio J. Parker v. Howard Carlton, Warden
E2008-01387-CCA-R3-HC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Robert E. Cupp

Petitioner, Antonio J. Parker, appeals the trial court’s summary dismissal of his petition for writ of habeas corpus in which he alleged four grounds for relief: (1) that his guilty plea was not knowing and voluntary; (2) he was denied the right to present witnesses on his behalf; (3) his juvenile transfer hearing was unconstitutional; and (4) his confession was unconstitutional. Following our review of the record, we affirm the judgment of the habeas corpus court.

Johnson County Court of Criminal Appeals 06/05/14
Domonic Lacy v. State of Tennessee
W2013-01260-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Lee V. Coffee

On November 5, 2010, Petitioner, Domonic Lacy, pleaded guilty in the Shelby County Criminal Court pursuant to a negotiated plea agreement to three counts of aggravated robbery and one count of aggravated burglary. The offenses occurred when Petitioner was a juvenile and he had been transferred from juvenile court to criminal court. He received an agreed total effective sentence of twelve (12) years. No appeal was made from the judgments and they became final thirty days after they were entered on November 5, 2010. More than a year after the judgments became final, Petitioner filed a pro se petition for post-conviction relief on March 26, 2013. The trial court summarily dismissed the petition because it was not timely filed within the one-year statute of limitations, and Petitioner has appealed. We affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee.

Shelby County Court of Criminal Appeals 06/04/14
State of Tennessee v. Pamela Jamison
W2013-01762-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge James C. Beasley Jr.

A Shelby County Criminal Court Jury convicted the appellant, Pamela Jamison, of theft of property valued more than $1,000 but less than $10,000 and identity theft, Class D felonies, and she received an effective four-year sentence to be served as six months in confinement and the remainder on supervised probation. On appeal, the appellant contends that the evidence is insufficient to support the convictions. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. However, the case is remanded to the trial court for the correction of a clerical error on the judgment for identity theft.

Shelby County Court of Criminal Appeals 06/04/14
State of Tennessee v. Emanuel Bibb Houston
M2013-01177-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge Robert G. Crigler

Appellant, Emmanuel Bibb Houston, stands convicted of especially aggravated kidnapping, aggravated burglary, and facilitation of especially aggravated robbery.  The trial court imposed a total effective sentence of twenty-three years.  On appeal, appellant argues that the evidence was insufficient to support his conviction for especially aggravated kidnapping and that his sentence was excessive.  Following our review, we affirm the judgments of the trial court.
 

Bedford County Court of Criminal Appeals 06/04/14
State of Tennessee v. James Edward Brown
M2013-01997-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge Stella L. Hargrove

Appellant, James Edward Brown, entered guilty pleas without recommended sentences to one count of theft of property valued at more than $1,000 but less than $10,000 and two counts of being a felon in possession of a handgun.  Appellant was on probation for kidnapping, aggravated assault, and aggravated burglary when he committed the theft offense and was released on bond from the theft case when he committed the weapons offenses.  He subsequently agreed that his probation should be revoked.  Following a sentencing hearing, the trial court imposed a twelve-year sentence for the theft of property conviction, to be served consecutively to the seven-year sentence for the probation revocation.  The trial court also ordered the two six-year sentences for being a felon in possession of a handgun to be served concurrently with each other but consecutively to the other two sentences.  He now appeals the alignment of his sentences.  Following our review, we affirm the judgments of the trial court.

Maury County Court of Criminal Appeals 06/04/14