Court of Criminal Appeals Opinions

Format: 08/01/2014
Format: 08/01/2014
State of Tennessee vs. Graple Simpson
02C01-9601-CC-00016
Authoring Judge: Judge Paul G. Summers
Trial Court Judge: Judge Joseph H. Walker, III

The appellee, Graple Simpson, was indicted for possession of a schedule II narcotic with the intent to sell. Following a summary administrative forfeiture, the appellee moved the trial court to dismiss the criminal charge. She argued that the double jeopardy clause prohibited further criminal prosecution. The trial judge granted the appellee's motion and the state appealed. We reverse and remand.

McNairy County Court of Criminal Appeals 08/06/96
State of Tennessee v. Derek Denton
02C01-9409-CR-00186
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge W. Fred Axley

The defendant, Derek C. Denton, appeals as of right from his convictions by a jury in the Shelby County Criminal Court for aggravated burglary and aggravated assault, Class C felonies, and criminally negligent homicide, a Class E felony. As a Range I, standard offender, he received six-year sentences and was fined $10,000 for each of the aggravated burglary and aggravated assault convictions and a two-year sentence and $2,500 fine for the criminally negligent homicide conviction. The defendant was ordered to serve each sentence consecutively, for an effective sentence of fourteen years, in the local workhouse. The defendant presents the following issues for our review: (1) whether the evidence was sufficient to support the defendant's convictions; (2) whether the trial court properly charged the jury on circumstantial evidence; (3) whether the trial court properly charged the jury on the prosecution's burden of proof; and (4) whether the defendant's sentence was excessive.  We conclude that the trial court erred in ordering the defendant to serve his sentences consecutively. The trial court did not make sufficient findings, and the record does not support consecutive sentences. There is no indication from the circumstances surrounding the offenses that consecutive sentencing is necessary to protect society from the defendant or that upon release he will be unwilling to lead a productive life and resort to criminal activity. See id; Gray v. State, 538 S.W.2d 391, 393 (Tenn. 1976). In consideration of the foregoing, the defendant's convictions and sentences for aggravated burglary and criminally negligent homicide are affirmed. His conviction for aggravated assault is modified to assault, and a sentence of eleven months and twenty-nine days with a seventy-five percent release eligibility date imposed. All three sentences, though, shall be served concurrently to each other.

Shelby County Court of Criminal Appeals 08/02/96
State of Tennessee v. John V. Woodruff
01C01-9507-CR-00217
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Presiding Judge J. Randall Wyatt, Jr.

A Davidson County Criminal Court jury found Appellant John V. Woodruff guilty of felony murder, especially aggravated robbery, especially aggravated kidnapping, and first degree murder. Appellant received a life sentence for each murder conviction and a twenty year sentence for both the especially aggravated robbery conviction and the especially aggravated kidnapping conviction. The life sentences were ordered to run consecutive to each other, and the sentences for robbery and kidnapping were ordered to run concurrent with each other and with the life sentence for first degree murder. In this appeal as of right, Appellant presents the following issues for review:(1) whether the trial court erred in allowing the introduction of evidence of sexual assault upon one of the victims; (2) whether the trial court erred in denying a request for a jury instruction on the lesser included offense of criminal attempt to commit especially aggravated robbery; (3) whether the evidence presented at trial is legally sufficient to sustain convictions for especially aggravated robbery and first degree murder; and (4) whether the trial court erred in ordering consecutive life sentences.

Davidson County Court of Criminal Appeals 08/01/96
State of Tennessee v. Terry Bowen - Concurring
01C01-9505-CC-00158
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge W. Charles Lee

I concur in the results reached and most of the reasoning used in the majority opinion. However, although I agree that the collateral fact rule essentially remains viable through Rule 403, Tenn. R. Evid., I question its use in this case relative to the appellant’s attempt to impeach Mr. Farrar’s testimony through extrinsic evidencethat Farrar’s son had previously been charged with the appellant and that his son’s charges had been retired on motion of the state.

Bedford County Court of Criminal Appeals 08/01/96
State of Tennessee v Terry Bowen
01C01-9505-CC-00158
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Judge W. Charles Lee

The appellant, Terry Bowen, was convicted of theft over $1,000, a Class D felony, by a jury of his peers. The trial court found that the appellant was a multiple offender and imposed a Range II sentence consisting of confinement for eight (8) years in the Department of Correction. This sentence is to be served consecutively with the sentences imposed in three prior cases.

Bedford County Court of Criminal Appeals 08/01/96
03C01-9401-CR-00010
Authoring Judge:
Trial Court Judge: James E. Beckner
Hamblen County Court of Criminal Appeals 07/31/96
03C01-9502-CR-00026Cecil
Authoring Judge:
Trial Court Judge: William M. Barker
Sullivan County Court of Criminal Appeals 07/30/96
03C01-9510-CC-00312
Authoring Judge:
Trial Court Judge: D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 07/29/96
03C01-9508-CC-00218
Authoring Judge:
Trial Court Judge: Rex Henry Ogle
Blount County Court of Criminal Appeals 07/29/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Shelby County Court of Criminal Appeals 07/26/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Shelby County Court of Criminal Appeals 07/26/96
O2C01-9506-CC-00165
Authoring Judge:
Trial Court Judge: Dick Jerman, Jr.
Gibson County Court of Criminal Appeals 07/26/96
02C01-9605-CC-00181
Authoring Judge:
Trial Court Judge:
Hardin County Court of Criminal Appeals 07/26/96