Court of Criminal Appeals Opinions

Format: 05/25/2018
Format: 05/25/2018
State of Tennessee vs. Charlene Hardison - Concurring/Dissenting
01C01-9705-CC-00196
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Henry Denmark Bell

I concur with a ll portions of Judge Lafferty’s op inion with the exception of the portion that reduces the period of confinem ent from six (6) months to ninety (90) days. I might agree with that ultimate result after a specific finding of facts by the trial court following the dictates of the Tennessee Criminal Sentencing Reform Act of 1989. However, it is my opinion that the more appropriate disposition of this particular case is to remand it back to the trial court for a new sentencing hearing which follows the specific requirements of the A ct. See State v. Ervin, 939 S.W.2d 581, 584-85 (Tenn. Crim. App. 1996) and cases cited therein.

Williamson County Court of Criminal Appeals 08/07/98
State of Tennesse vs. Samuel Lamb, Jr.
01C01-9703-CC-00095
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge W. Charles Lee

The appellant, Samuel L. Lamb, Jr., appeals as of right the sentencing decision of the Marshall County Circuit Court. Pursuant to a plea agreement, the appellant pled guilty to three counts of theft of property and received an effective five year sentence.1 Following a sentencing hearing, the trial court ordered that the appellant serve 270 days of this sentence in the county jail with the balance of the sentence to be served in the community corrections program. In this appeal, the appellant contends that the trial court erred by denying full probation or placement in community corrections. After review, we affirm.

Marshall County Court of Criminal Appeals 08/05/98
State vs. Shirley Davis
W2000-00084-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Carolyn Wade Blackett
On December 3, 1998, a Shelby County Grand Jury indicted Shirley Davis, the Defendant and Appellant, for aggravated robbery. Following a jury trial, the Defendant was convicted as charged. After a subsequent sentencing hearing, the trial court sentenced the Defendant to serve nine years incarceration. On appeal, the Defendant claims that the trial court erroneously enhanced her sentence. Although we find that the trial court erroneously applied a statutory enhancing factor, our de novo review reveals the existence of an applicable enhancing factor that was not applied by the trial court. This enhancement factor amply justifies the sentence imposed. Accordingly, we affirm the trial court's judgment.
Shelby County Court of Criminal Appeals 07/31/98
Conviction Was Affirmed By This Court. State v. Clonte J. Thomas, C.C.A. No.
02C01-9804-CR-00113
Authoring Judge:
Trial Court Judge:
Shelby County Court of Criminal Appeals 07/31/98
State vs. Mario Bowser
02C01-9803-CR-00093
Authoring Judge:
Trial Court Judge: Carolyn Wade Blackett
Shelby County Court of Criminal Appeals 07/31/98
State vs. Tammy Elliott
02C01-9803-CC-00070
Authoring Judge:
Trial Court Judge:
Hardin County Court of Criminal Appeals 07/31/98
State vs. Quentin Hall
02C01-9802-CR-00040
Authoring Judge:
Trial Court Judge:
Shelby County Court of Criminal Appeals 07/31/98
State vs. Burl Jarrett
02C01-9710-CC-00418
Authoring Judge:
Trial Court Judge:
Hardeman County Court of Criminal Appeals 07/31/98
State vs. Latoya Anderson
02C01-9707-CR-00251
Authoring Judge:
Trial Court Judge:
Shelby County Court of Criminal Appeals 07/31/98
State vs. Craig Hazlett
01C01-9708-CC-00321
Authoring Judge:
Trial Court Judge: W. Charles Lee
Marshall County Court of Criminal Appeals 07/31/98
State vs. Jeffrey Pewitt
01C01-9706-CR-00202
Authoring Judge:
Trial Court Judge: Thomas H. Shriver
Davidson County Court of Criminal Appeals 07/31/98
State vs. Brown
03C01-9707-CR-00304
Authoring Judge:
Trial Court Judge: James E. Beckner
Greene County Court of Criminal Appeals 07/30/98
Julius Goodman vs. State
01C01-9712-CR-00562
Authoring Judge:
Trial Court Judge: David H. Welles
Davidson County Court of Criminal Appeals 07/30/98