Court of Criminal Appeals Opinions

Format: 12/08/2016
Format: 12/08/2016
State of Tennessee vs. Dmitri Johnson
01C01-9510-CC-00334
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge John H. Gasaway, III

The defendant, Dmitri Johnson, appeals as of right from the twenty-year sentence imposed by the Circuit Court of Montgomery County for his conviction upon a guilty plea for second degree murder, a Class A felony. The defendant contends that the trial court improperly relied upon facts not in evidence in its sentencing decision. He also contends that the trial court improperly applied three enhancement factors and refused to apply two additional mitigating factors. We believe that the case should be remanded for a new sentencing hearing.

Montgomery County Court of Criminal Appeals 12/01/97
State vs. Norman Curtis, Keith Chambers, Gina Chambers and Shelly Bragg
01C01-9607-CC-00313
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Judge Leonard W. Martin

The State of Tennessee (state) appeals as of right from a judgment of the trial court suppressing evidence seized by law enforcement officers from the person of Norman Curtis without a search warrant, and the residences of the Chamberses and Curtis under color of a search warrant. Two issues are presented for review. The state contends there were exigent circumstances which permitted officers executing the search warrant at the Chamberses’ residence to enter the dwelling without complying with the “knock and announce” requirement. The state further contends the search of Norman Curtis’s person when he arrived at the Chamberses’ residence while the officers were executing the search warrant was reasonable. After a thorough review of the record, the briefs submitted by the parties, and the law governing the issues presented for review, it is the opinion of this court that the judgment of the trial court should be affirmed. The State of Tennessee has failed to illustrate why the evidence contained in the record preponderates against the findings made by the trial court.

Humphreys County Court of Criminal Appeals 12/01/97
State of Tennessee vs. Antwan Patton
01C01-9608-CC-00346
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: James James L. Weatherford

The appellant, Ryan Moran (defendant), was convicted of attempted first degree murder, a Class A felony, especially aggravated kidnapping, a Class A felony, especially aggravated robbery, a Class A felony, and assault, a Class A misdemeanor. The defendant entered a no contest plea to attempted first degree murder and guilty pleas to the remaining charges. The trial court found the defendant was a standard offender and sentenced the defendant to the following Range I sentences: for attempted first degree murder, twenty-five (25) years in the Department of Correction, for especially aggravated kidnapping, twenty-five (25) years in the Department of Correction, for especially aggravated robbery, twenty-five (25) years in the Department of Correction, and for assault, eleven (11) months and twenty-nine (29) days. The trial court ordered that the sentences for attempted first degree murder, especially aggravated kidnapping, and especially aggravated robbery should be served consecutively. The sentence for assault is to be served concurrently with the other sentences. The effective sentence is confinement for seventy-five (75) years in the Department of Correction.

Giles County Court of Criminal Appeals 12/01/97
State vs. Pike
03C01-9611-CR-00408
Authoring Judge:
Trial Court Judge:
Knox County Court of Criminal Appeals 11/26/97
State vs. Belcher
03C01-9608-CC-00299
Authoring Judge:
Trial Court Judge: D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 11/26/97
03C01-9403-CR-00110
Authoring Judge:
Trial Court Judge: John A. Turnbull
Cumberland County Court of Criminal Appeals 11/26/97
Luther Haggard vs. State
M2003-02554-CCA-R3-HC
Authoring Judge: Judge Jerry Smith
Trial Court Judge: J. Randall Wyatt, Jr.
The petitioner, Luther Haggard, filed a petition for the writ of habeas corpus in the Davidson County Criminal Court. In the petition he alleges that various Bradley County, Tennessee, convictions he received pursuant to guilty pleas entered in 1997 are illegal and void. The Davidson County Criminal Court summarily dismissed the petition. We affirm.
Davidson County Court of Criminal Appeals 11/25/97
State vs. Ronnie Lauderdale
02C01-9706-CR-00207
Authoring Judge:
Trial Court Judge: Bernie Weinman
Shelby County Court of Criminal Appeals 11/25/97
State vs. Ishaan Mubarak
02C01-9706-CR-00211
Authoring Judge:
Trial Court Judge: W. Fred Axley
Shelby County Court of Criminal Appeals 11/25/97
State vs. Randy Joy
02C01-9705-CC-00183
Authoring Judge:
Trial Court Judge:
Hardeman County Court of Criminal Appeals 11/25/97
State vs. Richard Nelson
02C01-9612-CR-00472
Authoring Judge:
Trial Court Judge: Chris B. Craft
Shelby County Court of Criminal Appeals 11/25/97
State vs. Tommie Hill
02C01-9511-CC-00335
Authoring Judge:
Trial Court Judge:
Madison County Court of Criminal Appeals 11/25/97
State vs. Cecil C. Johnson, Jr.
01C01-9610-CR-00442
Authoring Judge:
Trial Court Judge: J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 11/25/97