Court of Criminal Appeals Opinions

Format: 10/19/2017
Format: 10/19/2017
State vs. Friedman
03C01-9704-CR-00140
Authoring Judge:
Trial Court Judge: Lynn W. Brown
Carter County Court of Criminal Appeals 04/14/98
State vs.Collins
03C01-9704-CR-00127
Authoring Judge:
Trial Court Judge: James E. Beckner
Hamblen County Court of Criminal Appeals 04/14/98
State vs. Johnny Clark
02C01-9708-CR-00307
Authoring Judge:
Trial Court Judge: W. Fred Axley
Shelby County Court of Criminal Appeals 04/14/98
State vs. Scotty White
02C01-9709-CC-00372
Authoring Judge:
Trial Court Judge: C. Creed Mcginley
Hardin County Court of Criminal Appeals 04/13/98
Terrance B. Smith v. State of Tennessee
W2004-02366-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Joseph H. Walker, III
Tipton County Court of Criminal Appeals 04/12/98
State of Tennessee vs. Bonnie Stillwell
03C01-9610-CC-00366
Authoring Judge: Judge William M. Barker
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The appellant, Bonnie Stillwell, appeals as of right the Blount County Circuit Court’s order to revoke her probation. She contends that the trial court’s order was improper in light of her efforts to comply with the terms of probation. After a review of the record, we affirm the judgment of the trial court.

Blount County Court of Criminal Appeals 04/08/98
State of Tennessee vs. Jesse C. Gudger, III
03C01-9703-CC-00107
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge D. Kelly Thomas, Jr.

The defendant, Jessee C. Gudger, III, appeals as of right from his conviction by a jury in the Sullivan County Circuit Court for robbery, a Class C felony. The defendant was sentenced as a Range I, standard offender to five years in the custody of the Department of Correction. The trial court ordered the defendant to serve his sentence consecutively to a sentence imposed in an unrelated case. The defendant contends that:


(1) the evidence is insufficient to support the conviction;
(2) the trial court erred by denying his motion to suppress a statement given to the police;
(3) the trial court erred by denying his special request to instruct the jury on voluntary intoxication; and
(4) the trial court erred by sentencing him to five years in the Department of Correction.


We disagree and affirm the trial court’s judgment of conviction.

Sullivan County Court of Criminal Appeals 04/07/98
State of Tennessee vs. Mark Maybrey
01C01-9703-CC-00117
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge J. S. Daniel

The Rutherford County grand jury returned indictments charging the defendant, Mark F. Maybrey, with three (3) counts of telephone harassment. The defendant applied for pretrial diversion, which was denied by the District Attorney General. Defendant filed a petition for writ of certiorari in the Rutherford County Circuit Court, seeking to overturn the District Attorney’s denial of diversion. After a hearing, the trial court found that the District Attorney had not abused his discretion. Pursuant to Tenn. R. App. P. 9, defendant brings this interlocutory appeal, claiming the trial court erred in finding that the District Attorney General had not abused his discretion in denying diversion. We find no error; therefore, the judgment of the trial court is AFFIRMED.

Rutherford County Court of Criminal Appeals 04/07/98
State of Tennessee vs. James Ray Bartlett
01C01-9509-CC-00302
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge W. Charles Lee

The defendant, James Ray Bartlett, was indicted for DUI, driving on a revoked license, five counts of reckless driving, resisting arrest, evading arrest and reckless endangerment. At the close of the state's proof, the trial court granted the defendant's motion for acquittal as to the charge of resisting arrest. The jury rendered guilty verdicts as to the remaining counts. After setting aside the conviction for reckless endangerment, the trial court sentenced the defendant to ten months for the DUI; four months and fifteen days for driving on a revoked license; five months for the reckless driving convictions, all of which were merged as one offense; and ten months for evading arrest. The transcript of the trial indicates sentences were ordered to be served consecutively for an effective sentence of twenty-nine months fifteen days with the minimum service at seventy-five percent. The judgment form indicates concurrent sentencing for all new convictions. The trial court revoked the defendant's community corrections sentence for prior convictions; these new  sentences were ordered to be served consecutively to the prior offenses according to the judgment form.

Lincoln County Court of Criminal Appeals 04/07/98
Peck vs. State
03C01-9611-CR-00402
Authoring Judge:
Trial Court Judge:
Sullivan County Court of Criminal Appeals 03/31/98
State vs. Fain
03C01-9403-CR-00124
Authoring Judge:
Trial Court Judge: Arden L. Hill
Sullivan County Court of Criminal Appeals 03/31/98
State vs. Derrick McClure
02C01-9705-CR-00192
Authoring Judge:
Trial Court Judge: Arthur T. Bennett
Shelby County Court of Criminal Appeals 03/31/98
State vs. Christopher Cavnor
02C01-9704-CR-00155
Authoring Judge:
Trial Court Judge: James C. Beasley, Jr.
Shelby County Court of Criminal Appeals 03/31/98