Court of Criminal Appeals Opinions

Format: 07/04/2015
Format: 07/04/2015
State vs. Theodore Howard
02C01-9508-CR-00237
Authoring Judge:
Trial Court Judge:
Shelby County Court of Criminal Appeals 04/11/97
State vs. Mirack Smith
W1999-01566-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Carolyn Wade Blackett
Shelby County Court of Criminal Appeals 04/10/97
03C01-9602-CC-00079
Authoring Judge:
Trial Court Judge: D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 04/10/97
03C01-9601-CR-00019
Authoring Judge:
Trial Court Judge:
Knox County Court of Criminal Appeals 04/10/97
03C01-9512-CC-00405
Authoring Judge:
Trial Court Judge:
Roane County Court of Criminal Appeals 04/10/97
03C01-9508-CC-00247
Authoring Judge:
Trial Court Judge: Frank L. Slaughter
Sullivan County Court of Criminal Appeals 04/10/97
State vs. Terry Logan
02C01-9609-CC-00297
Authoring Judge:
Trial Court Judge:
Fayette County Court of Criminal Appeals 04/10/97
State vs. James Gray
02C01-9601-CC-00035
Authoring Judge:
Trial Court Judge: Whit A. Lafon
Madison County Court of Criminal Appeals 04/10/97
State vs. Matthew King
02C01-9607-CC-00237
Authoring Judge:
Trial Court Judge: Dick Jerman, Jr.
Gibson County Court of Criminal Appeals 04/10/97
State of Tennessee v. George Glenn Faulkner
01C01-9812-CR-00488
Authoring Judge:
Trial Court Judge: Leon C. Burns, Jr.
Putnam County Court of Criminal Appeals 04/10/97
Anthony Williams vs Bill Compton, Warden
02C01-9612-CC-00469
Authoring Judge:
Trial Court Judge:

This matter is before the Court upon the state’s motion to affirm the judgment of the trial court under Rule 20, Rules of the Court of Criminal Appeals. The case before this Court represents an appeal from the trial court’s denial of the petitioner’s petition for writ of habeas corpus. The record was filed on December 17, 1996, and the petitioner’s brief was filed on February 7, 1997. The petitioner was originally indicted for aggravated rape in February 1987, and the petitioner was subsequently convicted of the same. In the present appeal, the petitioner, relying in part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged.

Lake County Court of Criminal Appeals 04/09/97
State of Tennessee vs. Billy Joe Baggett
01C01-9604-CC-00160
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Robert E. Burch

The appellant, Billy Joe Baggett, was convicted by a jury of aggravated burglary. The trial court sentenced him to fifteen (15) years as a Range III, Persistent Offender. On appeal, he presents ten (10) issues for our review: (1) whether the evidence was sufficient to support a finding of guilt beyond a reasonable doubt for aggravated burglary; (2) whether the trial court erred in allowing the state to introduce tape recordings of four (4) telephone conversations between Baggett and a state informant; (3) whether the trial court erred in allowing the state to introduce a prybar into evidence; (4) whether the trial court erred in allowing the state to use prior convictions for impeachment purposes; (5) whether the trial court erred in allowing the state to present evidence of Baggett’s escape from jail; (6) whether the trial court erred in not granting a mistrial following a state witness’ prejudicial remarks; (7) whether the trial court erred in allowing evidence of Baggett’s preferential treatment while in jail; (8) whether the charge to the jury as to reasonable doubt was unconstitutional; (9) whether the trial court erred in sentencing Baggett; and (10)  whether the delay in hearing the motion for new trial violated his right to a speedy appeal. We affirm the judgment of the trial court.

Dickson County Court of Criminal Appeals 04/03/97
Phillip Mark Nunley v. State of Tennessee
01C01-9602-CC-00066
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Buddy D. Perry

Appellant Philip Mark Nunley appeals from the dismissal of his petition for post-conviction relief. On March 23, 1993, Appellant pled guilty to seconddegree murder and especially aggravated robbery. Appellant received a sentence of twenty-five years imprisonment for second-degree murder and twenty years imprisonment for especially aggravated robbery. The sentences were ordered to be served concurrently for an effective sentence of twenty-five years. On July 10, 1993, Appellant filed a petition for post-conviction relief, alleging ineffective assistance of counsel and that he involuntarily entered his guilty plea. The post-conviction court dismissed his petition, finding Appellant’s petition without merit. On appeal, Appellant argues that his guilty plea was involuntarily entered. For the reasons discussed below, we reject Appellant’s claim and affirm the decision of the post-conviction court.

Grundy County Court of Criminal Appeals 04/03/97