Court of Criminal Appeals Opinions

Format: 06/25/2017
Format: 06/25/2017
03C01-9703-CR-00098
Authoring Judge:
Trial Court Judge: R. Jerry Beck
Sullivan County Court of Criminal Appeals 01/12/98
State vs. John Roe
02C01-9702-CR-00054
Authoring Judge:
Trial Court Judge: Jon Kerry Blackwood
Shelby County Court of Criminal Appeals 01/12/98
State vs. Cavious Watkins
02C01-9701-CR-00031
Authoring Judge:
Trial Court Judge: James C. Beasley, Jr.
Shelby County Court of Criminal Appeals 01/12/98
State vs. Roger Kimmel
02C01-9701-CR-00006
Authoring Judge:
Trial Court Judge: Joseph B. Dailey
Shelby County Court of Criminal Appeals 01/12/98
State vs. Roger Kimmel
02C01-9701-CR-00006
Authoring Judge:
Trial Court Judge: Joseph B. Dailey
Shelby County Court of Criminal Appeals 01/12/98
State vs. Myron Garmon
02C01-9611-CR-00437
Authoring Judge:
Trial Court Judge: James C. Beasley, Jr.
Shelby County Court of Criminal Appeals 01/12/98
State vs. John Thomas
02C01-9611-CR-00436
Authoring Judge:
Trial Court Judge: Joseph B. Dailey
Shelby County Court of Criminal Appeals 01/12/98
State of Tennessee vs. Venson Earl Woodard
01C01-9511-CC-00379
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Charles Lee

A Bedford County Circuit Court jury found Appellant Venson Woodard guilty of two counts of aggravated assault. As a Range II multiple offender, he received a sentence of nine years and eight months in the Tennessee Department of Correction. The trial court ordered the sentence to be served consecutive to a sente nce for which Appellant was on parole at the tim e of the offense. In this appeal, Appellant presents the following issue for review: whether the trial court violated its duty to act as a thirteenth juror by refusing to grant Appellant’s motion for a new trial. Specifically Appellant maintains the weight of the evidence shows he was acting in self-defense.
 

After a review of the record, we affirm the judgment of the trial co urt.

Bedford County Court of Criminal Appeals 01/09/98
Dennis P. Neilan vs. State of Tennessee
03C01-9611-CC-00411
Authoring Judge: Judge William M. Barker
Trial Court Judge: Judge Rex Henry Ogle

The appellant, Dennis P. Neilan, appeals from the judgment of the Sevier County Circuit Court which dismissed, without hearing, his petition seeking postconviction relief. We affirm the trial court pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals.

Sevier County Court of Criminal Appeals 01/08/98
State of Tennessee v. Tyrone Watkins
01C01-9610-CR-00433
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge Jane W. Wheatcraft

The defendant, Tyrone Watkins, was convicted on July 18, 1994, of two Class A misdemeanors. While allowing pretrial jail credit, the trial court imposed consecutive sentences of eleven months and twenty-nine days, the remainder of which was to be served on probation. On February 16, 1996, a warrant was issued which resulted in the revocation of probation. The question of law certified for review is whether the probationary term had expired prior to the commencement of the revocation proceeding. Rule 37(b)(2)(i), Tenn. R. Crim. P. We must reverse the judgment of the trial court; the cause is dismissed.

Sumner County Court of Criminal Appeals 01/08/98
Phillip Pomeroy vs. State of Tennessee
01C01-9610-CR-00424
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge Walter C. Kurtz

The petitioner, Phillip W. Pomeroy, appeals the trial court's dismissal of his petition for  post-conviction relief. The single issue presented for review is whether the petition is barred by the statute of limitations.

Davidson County Court of Criminal Appeals 01/08/98
State of Tennessee vs. Buffy Twadell
01C01-9606-CR-00231
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge Jane W. Wheatcraft

The defendant, Buffy Mae Twadell, has been indicted on two counts of aggravated perjury. Tenn. Code Ann. § 39-16-703. The district attorney general denied the defendant's application for pretrial diversion. Thereafter, the trial court denied her petition for a writ of certiorari. In this extraordinary appeal made pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure, the defendant insists that the district attorney general abused his discretion by the denial of pretrial diversion. We affirm the judgment of the trial court.

Sumner County Court of Criminal Appeals 01/08/98
State vs. Tracy Stigall
02C01-9610-CR-00371
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Arthur T. Bennett

Defendant, Tracey E. Stigall, was convicted by a Shelby County jury of the offense of aggravated burglary. The sole issue in this direct appeal is whether the trial court erred in failing to charge lesser offenses. We AFFIRM the judgment of the trial court.

Shelby County Court of Criminal Appeals 01/07/98