Court of Criminal Appeals Opinions

Format: 06/22/2017
Format: 06/22/2017
State vs. Gaylen Rhodes
02C01-9703-CC-00121
Authoring Judge:
Trial Court Judge: C. Creed Mcginley
Hardin County Court of Criminal Appeals 02/10/98
State vs. Mark Rawlings
02C01-9612-CR-00475
Authoring Judge:
Trial Court Judge: Joseph B. Mccartie
Shelby County Court of Criminal Appeals 02/10/98
State vs. Harry Reed
01C01-9701-CC-00007
Authoring Judge:
Trial Court Judge:
Williamson County Court of Criminal Appeals 02/10/98
State vs. Judy Leath
01C01-9511-CC-00393
Authoring Judge:
Trial Court Judge:
Macon County Court of Criminal Appeals 02/10/98
Charles O'Guinn v. State of Tennessee
03C01-9703-CR-00084
Authoring Judge: Judge Lynn Brown
Trial Court Judge: Judge J. Curwood Witt

Charles Ray O’Quinn, the petitioner, appeals pursuant to Rule 3, Tennessee Rules of Appellate Procedure, from the trial court’s dismissal of his petition for writ of habeas corpus. On July 27, 1989, the petitioner pleaded guilty to two counts of aggravated rape. The offenses occurred in April or May, and in June, 1988. He received Range II sentences of 35 years in the aggregate. The petitioner contends that his convictions for aggravated rape are void because the indictment failed to allege the mens rea for that offense. See State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App., Nashville, June 20, 1996), rev'd, 954 S.W.2d 725 (Tenn. 1997).

Johnson County Court of Criminal Appeals 02/06/98
State of Tennessee vs. Stephen Udzinski and Donna Stokes a/k/a Donna Story
01C01-9610-CC-00431
Authoring Judge: Judge Curwood Witt
Trial Court Judge: Judge Robert E. Burch

The defendants, Stephen J. Udzinski and Donna Stokes a/k/a Donna Story, present a certified question of law following Udzinski’s conditional guilty plea to a Class E felony of possession of marijuana for resale and Stokes’s guilty plea to a Class A misdemeanor for possession of marijuana. Udzinski entered judicial diversion, and Stokes received a conviction and a suspended sentence of eleven months and twenty-nine days. Both defendants attempted to reserve the right to pursue a certified question of law of whether the search warrant under which Udzinski's house was searched was supported by probable cause. In this appeal, the defendants present that question, and the state raises the issue of whether the defendants have properly preserved the question for our review. For the reasons explained below, we affirm the judgment of the trial court on the suppression issue raised by the defendants’ certified question.

Dickson County Court of Criminal Appeals 02/05/98
State of Tennessee vs. Michael G. Rose
01C01-9611-CC-00478
Authoring Judge: Judge Joe B. Jones
Trial Court Judge: Judge Cornelia A. Clark

The appellant, Michael G. Rose (defendant), was convicted of driving while under the influence, second offense, a Class A misdemeanor, by a jury of his peers. The trial court sentenced the defendant to pay a $1,500 fine and serve eleven months and twenty-nine days in the Williamson County Jail. The trial court suspended all but 180 days of the sentence, and required the defendant to serve the balance of his sentence on probation. The court also revoked the defendant’s license for two years. In this court, two issues are presented for review. The defendant contends (a) the evidence contained in the record will not support a finding by a rational trier of fact that he is guilty of driving while under the influence, and (b) the trial court committed error of prejudicial dimensions by denying his motion to suppress certain statements he made to a law enforcement officer. 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.

Williamson County Court of Criminal Appeals 02/04/98
State of Tennessee vs. Joseph Pendergrass
03C01-9706-CC-00210
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Ben W. Hooper, II

This appeal attempts to present certified questions of law pursuant to Rule 3(b) of the Tennessee Rules of Appellate Procedure and Rule 37(b)(2) of the Tennessee Rules of Criminal Procedure. The certified questions primarily involve the legality of a stop of a motor vehicle and a subsequent search and seizure resulting therefrom. Because we conclude that this matter is not properly before us, we dismiss this appeal.

Sevier County Court of Criminal Appeals 02/03/98
State vs. Estes Anderson
02C01-9704-CC-00141
Authoring Judge:
Trial Court Judge:
Lake County Court of Criminal Appeals 01/30/98
State vs. Richard Young
02C01-9703-CR-00130
Authoring Judge:
Trial Court Judge: Carolyn Wade Blackett
Shelby County Court of Criminal Appeals 01/30/98
State vs. Clarence Washington
02C01-9703-CC-00097
Authoring Judge:
Trial Court Judge:
Lauderdale County Court of Criminal Appeals 01/30/98
State vs. Melvin Currie
02C01-9701-CC-00047
Authoring Judge:
Trial Court Judge:
Haywood County Court of Criminal Appeals 01/30/98
State vs. Noah Noble
02C01-9701-CC-00060
Authoring Judge:
Trial Court Judge:
Carroll County Court of Criminal Appeals 01/30/98