Court of Criminal Appeals Opinions

Format: 08/29/2015
Format: 08/29/2015
01C01-9401-CC-00025
Authoring Judge:
Trial Court Judge: Donald P. Harris
Perry County Court of Criminal Appeals 05/16/97
01C01-9401-CC-00017
Authoring Judge:
Trial Court Judge: John H. Gasaway, III
Robertson County Court of Criminal Appeals 05/16/97
State vs. Johnny Smith
02C01-9602-CR-00061
Authoring Judge:
Trial Court Judge: James C. Beasley, Jr.
Shelby County Court of Criminal Appeals 05/15/97
State vs. Mario Gutierrez
02C01-9502-CC-00043
Authoring Judge:
Trial Court Judge:
Hardin County Court of Criminal Appeals 05/15/97
State vs. Miller
03C01-9608-CR-00300
Authoring Judge:
Trial Court Judge: R. Jerry Beck
Sullivan County Court of Criminal Appeals 05/14/97
03C01-9605-CC-00190
Authoring Judge:
Trial Court Judge: Rex Henry Ogle
Cocke County Court of Criminal Appeals 05/14/97
State vs. Copeland
03C01-9605-CC-00196
Authoring Judge:
Trial Court Judge: D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 05/13/97
State vs. Brown
03C01-9604-CC-00140
Authoring Judge:
Trial Court Judge:
Hancock County Court of Criminal Appeals 05/13/97
State vs. Violet
03C01-9603-CC-00135
Authoring Judge:
Trial Court Judge: Mayo L. Mashburn
McMinn County Court of Criminal Appeals 05/13/97
State vs. Hicks
03C01-9602-CC-00064
Authoring Judge:
Trial Court Judge:
Washington County Court of Criminal Appeals 05/13/97
State vs. Robert Gober
M1999-01425-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Robert W. Wedemeyer
The Defendant was convicted of two counts of aggravated assault. For these crimes, he was sentenced to concurrent terms of eight years to be served in the Department of Correction as a Range II, multiple offender. On appeal, he challenges the sufficiency of the convicting evidence and argues that he was improperly sentenced. We affirm the judgment of the trial court.
Robertson County Court of Criminal Appeals 05/11/97
State of Tennessee v. Randy Anderson - Dissenting
01C01-9412-CC-00406
Authoring Judge: Judge Paul G. Summers
Trial Court Judge: Judge Jim T. Hamilton

I respectfully disagree with my colleagues in this case. I do not believe that the prosecutor's remarks concerning the appellant's intention to plead guilty prejudiced him or deprived him of a fair trial. As pointed out by the majority, Judge v. State1 provides five factors to be considered in assessing the prejudicial effect of improper argument. The five factors are:

1. The conduct complained of viewed in context and in light of the facts and circumstances of the case.
2. The curative measures undertaken by the court and the prosecution.
3. The intent of the prosecutor in making the improper statement.
4. The cumulative effect of the improper conduct and any other errors in the record.
5. The relative strength or weakness of the case.

Maury County Court of Criminal Appeals 05/07/97
State of Tennessee v. John W. Gilliam
01C01-9603-CC-00105
Authoring Judge: Judge William M. Barker
Trial Court Judge: Judge Cornelia A. Clark

The Appellant, John W. Gilliam, appeals as of right his conviction and consecutive sentence for one count of the unlawful carrying or possession of a weapon. He argues that the evidence introduced at trial was insufficient to sustain his conviction and that the trial court erred when it ordered his sentence for that crime consecutive to another sentence for rape. We have reviewed the record on appeal and find no merit to the Appellant’s contentions and, therefore, affirm the trial court’s
judgment.

Williamson County Court of Criminal Appeals 05/07/97