Court of Criminal Appeals Opinions

Format: 04/23/2018
Format: 04/23/2018
State vs. Jason Kimberland
02C01-9711-CC-00447
Authoring Judge:
Trial Court Judge:
Hardin County Court of Criminal Appeals 07/10/98
Billy Joe Bourff v. State of Tennessee
03C01-9705-CR-00189
Authoring Judge: Judge William M. Barker
Trial Court Judge: Judge Lee Asbury

The appellant, Billy Joe Bourff, appeals as of right the Campbell County Criminal Court’s dismissal of his petition for post-conviction relief. We affirm the judgment of the trial court.

Campbell County Court of Criminal Appeals 07/09/98
State of Tennessee vs. Melvin Lewis Peacock
01C01-9704-CR-00118
Authoring Judge: Judge John M. Tipton
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The defendant, Melvin Lewis Peacock, appeals as of right from his jury convictions in Davidson County for possession with intent to sell three hundred grams or more of a substance containing cocaine, a Class A felony, and for the unlawful possession of a weapon, a Class E felony. The trial court sentenced the defendant as a Range I, standard offender to twenty years in the custody of the Department of Correction for the cocaine possession conviction and to a concurrent two-year sentence in the custody of the Department of Correction for the weapon possession conviction. The trial court ordered the defendant to serve the twenty-year sentence consecutively
to an earlier sentence. The defendant presents the following issues for our review:


(1) the trial court erred when it denied the defendant’s motion to suppress the evidence seized by the police pursuant to a search warrant on the basis that an exact copy of the warrant was not left with the defendant;
 

(2) the trial court erred in denying the defendant’s motion in limine to preclude the state from introducing into evidence five car titles found in a safe; and
 

(3) the trial court erred in permitting the state to recall Curtis Peacock as a witness during its case-in-chief.
 

We affirm the trial court’s judgment of conviction.

Davidson County Court of Criminal Appeals 07/09/98
State of Tennessee vs. Anderson D. Curry
02C01-9711-CR-00452
Authoring Judge: Judge John H. Peay
Trial Court Judge: Judge Bernie Weinman

The defendant was indicted in December 1996 for rape of a child. A Shelby County jury found him guilty and the trial court sentenced him to twenty years in the Tennessee Department of Correction. In this appeal as of right, the defendant argues that the evidence is insufficient to support his conviction and that the trial court erred when it admitted into evidence a chart depicting the victim’s injuries. The defendant also argues that his sentence is excessive. After a review of the record and applicable law, we affirm the judgment of the court below.

Shelby County Court of Criminal Appeals 07/08/98
State of Tennessee vs. Johnny Akins
02C01-9711-CR-00451
Authoring Judge: Judge Paul G. Summers
Trial Court Judge: Judge Joseph B. Dailey

Johnny Akins was found guilty by a jury of aggravated burglary. He was sentenced to fifteen years in Tennessee Department of Correction. The trial court denied his motion for a new trial. He appeals. The sole issue is whether the evidence is sufficient to support his conviction. We affirm the judgment of
conviction.

Shelby County Court of Criminal Appeals 07/08/98
State of Tennessee vs. David L. Hathaway
01C01-9703-CR-00094
Authoring Judge: Judge William M. Barker
Trial Court Judge: Judge John A. Turnbull

The appellant, David L. Hathaway, appeals as of right his conviction in the Criminal Court of Pickett County. After a bench trial, he was convicted of driving under the influence of an intoxicant (“D.U.I.”) and was sentenced to a suspended term of six (6) months and one (1) hour in the county jail. The trial court revoked appellant’s driver’s license for one (1) year and ordered him to serve forty eight (48) hours in jail. Appellant was also ordered to pay a $350 fine.


On appeal, the appellant challenges the admissibility of the results of his breathalyser examination and the sufficiency of the convicting evidence. After a review of the record, we affirm the judgment of the trial court. 

Pickett County Court of Criminal Appeals 07/02/98
State of Tennessee vs. Ronnie L. Ingram
02C01-9707-CR-00260
Authoring Judge: Judge John H. Peay
Trial Court Judge: Judge Joseph B. Dailey

The defendant was indicted, charged, and convicted of burglary and sentenced as a career offender to twelve years imprisonment. In this appeal as of right, the defendant argues the evidence was insufficient to support a conviction for burglary since the State failed to prove intent to commit theft. Finding no merit in the defendant’s argument, we affirm.

Shelby County Court of Criminal Appeals 07/01/98
State of Tennessee vs. Edward Shane Rust
01C01-9707-CC-00258
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge John W. Rollins

The appellant, Edward Shane Rust, was indicted by a Coffee County Grand Jury for the offenses of arson of personal property and reckless endangerment. Following a jury trial, the appellant was found guilty of arson of personal property, a class E felony, and received a two year sentence in the Department of Correction. The appellant was found not guilty of reckless endangerment. In this appeal as of right, the appellant contends:


I. The evidence is insufficient to support a conviction for arson of personal property;
II. The sentence imposed by the trial court is excessive; and
III. The trial court should have granted an alternative sentence.


After a review of the evidence, we affirm the appellant’s conviction for arson of personal property.

Coffee County Court of Criminal Appeals 07/01/98
State of Tennessee vs. James Gooch, a/k/a "Angie Foot"
01C01-9703-CR-00093
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Jane W. Wheatcraft

The defendant, James Allen Gooch, Sr., a/k/a “Angie Foot,” appeals as of right from his conviction upon a guilty plea in the Sumner County Criminal Court for the sale of under one-half gram of cocaine, a Class C felony. The defendant was charged with two counts of selling less than one-half gram of cocaine, possession of marijuana, and possession of drug paraphernalia. Pursuant to an agreement, the defendant entered a guilty plea to one count of selling less than one-half gram of cocaine, and the remaining charges were dismissed. The defendant was sentenced as a Range I, standard offender to five years in the custody of the Department of Correction. The trial court also imposed a two-thousand-dollar fine. The defendant contends that the trial court erred by failing to consider a sentence other than confinement by the Department
of Correction. We affirm the judgment of the trial court.

Sumner County Court of Criminal Appeals 07/01/98
State vs. Tanner
03C01-9703-CR-00101
Authoring Judge:
Trial Court Judge:
Sullivan County Court of Criminal Appeals 06/30/98
State vs. Kestner
03C01-9611-CR-00390
Authoring Judge:
Trial Court Judge:
Washington County Court of Criminal Appeals 06/30/98
State vs. Elroy Kahanek
01C01-9707-CC-00298
Authoring Judge:
Trial Court Judge: Donald P. Harris
Williamson County Court of Criminal Appeals 06/30/98
State vs. Dominic Amari
01C01-9703-CR-00077
Authoring Judge:
Trial Court Judge:
Davidson County Court of Criminal Appeals 06/30/98