Court of Criminal Appeals Opinions

Format: 08/30/2016
Format: 08/30/2016
Miller vs. State
03C01-9608-CR-00288
Authoring Judge:
Trial Court Judge: Douglas A. Meyer
Hamilton County Court of Criminal Appeals 10/10/97
State vs. Bailey
03C01-9601-CR-00028
Authoring Judge:
Trial Court Judge: R. Jerry Beck
Sullivan County Court of Criminal Appeals 10/10/97
State vs. John Gillon
02C01-9610-CC-00363
Authoring Judge:
Trial Court Judge: Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 10/10/97
State vs. Gary Poplar
02C01-9609-CC-00316
Authoring Judge:
Trial Court Judge: Jon Kerry Blackwood
Hardeman County Court of Criminal Appeals 10/10/97
State vs. Shonda McGill
02C01-9507-CC-00194
Authoring Judge:
Trial Court Judge: C. Creed Mcginley
Hardin County Court of Criminal Appeals 10/10/97
State vs. Shonda McGill
02C01-9507-CC-00194
Authoring Judge:
Trial Court Judge:
Hardin County Court of Criminal Appeals 10/10/97
State vs. Steven Little
02C01-9605-CC-00168
Authoring Judge:
Trial Court Judge: Whit A. Lafon
Madison County Court of Criminal Appeals 10/10/97
State of Tennessee vs. Robert Lee Fleenor
03C01-9611-CR-00400
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge R. Jerry Beck

The appellant, Roger Lee Fleenor, appeals the sentence imposed by the Sullivan County Criminal Court upon his plea of guilty to the offense of attempt to commit aggravated sexual battery, a class C felony. Pursuant to a negotiated plea, the appellant received a sentence of eight years as a range II offender. The manner of service of the sentence was submitted to the trial court for determination. Following a sentencing hearing, the trial court denied any form of alternative sentence and ordered that the sentence be served in the Department of Correction.
The appellant now appeals this decision.

Sullivan County Court of Criminal Appeals 10/09/97
State of Tennessee vs. Quantreal Underwood
02C01-9604-CR-00120
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge L. Terry Lafferty

The defendant, Quantreal Underwood, was convicted of second degree murder and two counts of aggravated robbery.1 The trial court imposed a Range I, twenty-five-year sentence for second degree murder and two concurrent eight-year sentences on each count of aggravated robbery.

Shelby County Court of Criminal Appeals 10/09/97
State of Tennessee vs. Jackie Crowe
03C01-9609-CR-00331
Authoring Judge: Judge John K. Byers
Trial Court Judge: Judge Mayo L. Mashburn

The defendant was convicted by jury of two counts of rape and two counts of incest. He was sentenced as a Range I, standard offender to twelve (12) years for each rape conviction and to six (6) years for each incest conviction to the custody of the Department of Correction. The trial court ordered the defendant to serve the rape convictions consecutive to each other and consecutive to prior unserved sentences but concurrent with the incest convictions. The trial court also imposed fines in the amount of $25,000 for each rape conviction and $10,000 for each incest conviction.

Court of Criminal Appeals 10/08/97
State of Tennessee vs. Lester Lee Doyle
02C01-9612-CC-00461
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Julian P. Guinn

The defendant, Lester Lee Doyle, was convicted by a Benton County jury of driving under the influence of an intoxicant, second offense, and driving on a revoked license. The sole issue presented on appeal is whether the evidence adduced at trial is sufficient to support the jury’s verdict. We affirm the conviction.

Benton County Court of Criminal Appeals 10/08/97
State of Tennessee vs. John ParnellYaugher
03C01-9509-CC-00286
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge James B. Scott, Jr.

The Defendant, John Parnell Yaugher, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Defendant was convicted following a jury trial in Anderson County of the offense of rape of a child. On appeal, the Defendant challenges the sufficiency of the allegations in the indictment to charge an offense. Also, the Defendant challenges the sufficiency of the evidence to sustain the conviction and specifically argues that his confession was uncorroborated, that there was no proof of penetration, and that the State failed to prove beyond a reasonable doubt that he was sane at the time of the offense. Furth er, the Defendant argu es that the trial court erred in denying a motion to suppress his statement to investigators and by charging in the jury instructions the lesser grade offense of aggravated sexual battery. Finding no
error, and that the indictment and the evidence are sufficient, we affirm the judgment of the trial court.

Anderson County Court of Criminal Appeals 10/07/97
State of Tennessee vs. Hollis G. Williams
02C01-9602-CR-00048
Authoring Judge: Judge Joe B. Jones
Trial Court Judge: Judge Chris B. Craft

The appellant, Hollis G. Williams (defendant), was convicted of first-degree felony murder by a jury of his peers. The State of Tennessee sought the extreme penalty of death. However, the jury set his punishment at life without the possibility of parole. The defendant presents three issues for review. He contends (a) the evidence is insufficient, as a matter of law, to support his conviction for a murder committed during an attempt to commit robbery, (b) the trial court committed error of prejudicial dimensions by ruling his two convictions for attempt to commit robbery could be used to impeach him if he opted to testify in support of his defense, and (c) the trial court committed error of prejudicial dimensions by permitting the state to introduce victim impact testimony during the sentencing hearing. 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 the judgment of the trial court should be affirmed.

Shelby County Court of Criminal Appeals 10/07/97