Court of Criminal Appeals Opinions

Format: 10/31/2014
Format: 10/31/2014
02C01-9507-CR-00179
Authoring Judge:
Trial Court Judge: L. Terry Lafferty
Shelby County Court of Criminal Appeals 11/12/96
02C01-9505-CR-00146
Authoring Judge:
Trial Court Judge: Arthur T. Bennett
Shelby County Court of Criminal Appeals 11/12/96
02C01-9412-CC-00265
Authoring Judge:
Trial Court Judge:
Henry County Court of Criminal Appeals 11/12/96
02C01-9412-CC-00265
Authoring Judge:
Trial Court Judge:
Henry County Court of Criminal Appeals 11/12/96
02C01-9411-CC-00245
Authoring Judge:
Trial Court Judge:
Dyer County Court of Criminal Appeals 11/12/96
State of Tennessee v. Richard Higgs
W2000-02588-CCA-MR3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Carolyn Wade Blackett
Shelby County Court of Criminal Appeals 11/11/96
03C01-9510-CR-00330
Authoring Judge:
Trial Court Judge:
Hamilton County Court of Criminal Appeals 11/08/96
State of Tennessee v. Michael Gentry
01C01-9510-CC-00336
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge Donald P. Harris

The defendant, Michael Gentry, entered a plea of guilt to one count of official misconduct. Tenn. Code Ann. § 39-16-402(a)(5). Pursuant to a plea agreement, the trial court imposed a Range I sentence of two years and granted probation but denied the defendant's request for judicial diversion. Tenn. Code Ann. § 40-35-313; State v. Dishman, 915 S.W.2d 458 (Tenn. Crim. App. 1995). In this appeal, the defendant claims that the trial court abused its discretion by refusing to grant judicial diversion; he also insists that the district attorney general was guilty of prosecutorial vindictiveness.

Williamson County Court of Criminal Appeals 11/08/96
James J. Benson, v. State of Tennessee
01C01-9401-CC-00026
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Donald P. Harris

The petitioner, James J. Benson, appeals as of right from the Williamson County Circuit Court's denial of post-conviction relief. He is presently in the custody of the Department of Correction, serving as a Range II, multiple offender, an effective sentence of one hundred and twenty-eight years for convictions of two counts of aggravated kidnaping and one count each of armed robbery, conspiracy, and accessory before the fact to armed robbery, receiving a sentence of sixty years for each of the crimes except the conspiracy, for which he received a sentence of eight years. The convictions and sentences were affirmed on direct appeal on September 7, 1987, and reaffirmed on a petition to rehear on February 16, 1990. State v. Bobby Mitchell, Richard Cook, and James Benson, Williamson County, No. 87-185-III (Tenn. Crim. App. Sept. 27, 1989), app. denied, (Tenn. April 2, 1990).

Williamson County Court of Criminal Appeals 11/08/96
State of Tennessee v. Mario A. Lavender and Eric L. Hobbs
01C01-9506-CR-00202
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The appellants, Mario A. Lavender and Eric Hobbs, were found guilty of two counts of robbery, a Class C felony, and one count of theft over $1,000, a Class D felony, by a jury of their peers. The trial court found that Lavender was a standard offender and imposed Range I sentences as follows: (1) count 1, robbery, confinement for six (6) years in the Department of Correction, (2) count 2, robbery, confinement for six (6) years in the Department of Correction, and (3) count 4, theft, confinement for four (4) years in the Department of Correction. The trial court found that Hobbs was a multiple offender and imposed the following Range II sentences: (1) count 1, robbery, confinement for ten (10) years in the Department of Correction, (2) count 2, robbery, confinement for ten (10) years in the Department of Correction, and (3) count 4, theft, confinement for four (4) years in the Department of Correction. The trial court ordered that the sentences are to be served consecutively. The effective sentence for Lavender is sixteen (16) years, and the effective sentence for Hobbs is twenty-four (24) years. In this Court, both Lavender and Hobbs contend that the sentences imposed by the trial court are excessive. Hobbs also contends that the trial court committed error of prejudicial dimensions by (a) denying his motion to suppress a statement he made to police and (b) denying his motion in limine, which sought to deny the State of Tennessee the right to use his prior convictions to impeach him if he opted to testify. After a thorough review of the record, the briefs submitted by the parties, and the law applicable to the issues presented for review, it is the opinion of this Court that the judgment of the trial court should be affirmed.

Davidson County Court of Criminal Appeals 11/08/96
State of Tennessee v. Charles Thompson And Verico
W1998-00351-CCA-R10-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Chris B. Craft
Shelby County Court of Criminal Appeals 10/31/96
Mario Harris v. State
M2004-01782-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Seth W. Norman
The Defendant, Mario Harris, appeals from the order of the trial court dismissing his petition for post-conviction relief as time-barred. The State has filed a motion requesting that this Court affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. We grant the State's motion and affirm the judgment of the trial court.
Davidson County Court of Criminal Appeals 10/31/96
Part Upon State v. Roger Dale Hill, No. 01C01-9508-Cc-00267 (Tenn. Crim. App. June
02C01-9610-CC-00340
Authoring Judge:
Trial Court Judge:
Lake County Court of Criminal Appeals 10/31/96