Court of Criminal Appeals Opinions

Format: 07/22/2017
Format: 07/22/2017
State vs. Carlito Adams
02C01-9608-CR-00267
Authoring Judge:
Trial Court Judge: Joseph B. Brown
Shelby County Court of Criminal Appeals 12/11/97
State vs. Charles Vanderford
02C01-9609-CC-00307
Authoring Judge:
Trial Court Judge: C. Creed Mcginley
Hardin County Court of Criminal Appeals 12/11/97
Russell vs. State
03C01-9701-CR-00006
Authoring Judge:
Trial Court Judge: Lynn W. Brown
Johnson County Court of Criminal Appeals 12/10/97
Sprinkle vs. State
03C01-9612-CR-00474
Authoring Judge:
Trial Court Judge: James E. Beckner
Hawkins County Court of Criminal Appeals 12/10/97
State vs. John Knapp
02C01-9608-CR-00282
Authoring Judge:
Trial Court Judge: W. Fred Axley
Shelby County Court of Criminal Appeals 12/10/97
State vs. Jose Holmes
02C01-9505-CR-00154
Authoring Judge:
Trial Court Judge:
Shelby County Court of Criminal Appeals 12/10/97
State vs. Bill Teal
01C01-9611-CC-00482
Authoring Judge:
Trial Court Judge: Gerald L. Ewell, Sr.
Coffee County Court of Criminal Appeals 12/10/97
State vs. Billy Rippy
01C01-9609-CR-00395
Authoring Judge:
Trial Court Judge: Robert W. Wedemeyer
Robertson County Court of Criminal Appeals 12/10/97
Keith Scarbrough vs. State
01C01-9607-CC-00322
Authoring Judge:
Trial Court Judge: Robert E. Burch
Cheatham County Court of Criminal Appeals 12/10/97
Napoleon Momon vs. State of Tennessee
03C01-9605-CR-00187
Authoring Judge: Judge Curwood Witt
Trial Court Judge: Judge Stephen M. Bevil

The petitioner, Napoleon Momon, appeals pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure from the Hamilton County Criminal Court’s denial of post-conviction relief. The petitioner was convicted in 1991 of second degree murder in the shooting death of his wife, Jacqueline Daniel Momon, and received a twenty-five-year sentence.1 His conviction was affirmed on direct appeal to this Court. State v. Napoleon Momon, No. 03C01-9205-CR-00174 (Tenn. Crim. App., Knoxville, Nov. 20, 1992).

Hamilton County Court of Criminal Appeals 12/09/97
State of Tennessee vs. Anthony Noe
01C01-9407-CR-00252
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: TJudge homas H. Shriver

VANDALISM CONVICTION AFFIRMED; FALSE REPORT CONVICTION REVERSED

Davidson County Court of Criminal Appeals 12/09/97
State of Tennessee v. Brenda Starks
01C01-9611-CR-00481
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Judge James O. Bond

The appellant, Brenda Starks (defendant), appeals as of right from the judgment of the trial court affirming the sentence, as amended, imposed by the General Sessions Court of Wilson County. After the defendant entered a plea of guilty to passing a worthless check, a Class A misdemeanor, she was sentenced to serve 364 days at 100% in the Wilson County Jail. Her entire sentence was suspended and she was placed on unsupervised probation. The General Sessions Court subsequently revoked the probation, and she appealed to the Criminal Court for Wilson County. The trial court affirmed the judgment of the General Session Court, but amended the judgment. The amended judgment provided for confinement in the Wilson County Jail for 364 days at 75%. In this court, the defendant contends: [T]he sentence she was given by the Criminal Court for Wilson
County, Tennessee, an eleven (11) month, twenty-nine (29) day sentence at seventy-five percent (75%), for the misdemeanor offense of passing a worthless check, T.C.A. 39-14-121, was excessive, in that the Court did not sentence Defendant pursuant to the applicable provisions of the Tennessee Criminal Sentencing Reform Act of 1989, T.C.A. 40-35-101, et. seq. After a thorough review of the record, the briefs submitted by the parties, and the laws applicable to this case, it is the opinion of this court the judgment of the trial court must be reversed and this cause dismissed because the defendant has served the entire sentence prior to the institution of the revocation proceedings in the General Sessions Court.

Wilson County Court of Criminal Appeals 12/09/97
State of Tennessee vs. Willie Demorris Locust
02C01-9611-CC-00392
Authoring Judge: Judge Curwood Witt
Trial Court Judge: Judge Joe G. Riley. Jr.

The petitioner, Willie Demorris Locust, appeals the Dyer County Circuit Court's denial of his petition for post conviction relief. Locust is incarcerated in the Department of Correction for his convictions of aggravated sexual battery and aggravated burglary, for which he received an effective ten year sentence that he is serving consecutively to a twenty year sentence for aggravated rape and aggravated burglary and an assault sentence of undisclosed length. See State v. Locust, 914 S.W.2d 554 (Tenn. Crim. App.) (aggravated sexual battery and aggravated burglary), perm. app. denied (Tenn. 1995); State v. Willie Demorris Locust, No. 02-C-01-9404-CC-00075 (Tenn. Crim. App., Jackson, Oct. 5, 1994) (aggravated rape and aggravated burglary), perm. app. denied (Tenn. 1995). In this appeal, he claims the lower court erred in denying him relief on three issues:

1. Whether the indictment is defective and his conviction of aggravated sexual battery is therefore void.
2. Whether the trial judge failed to instruct the jury on lesser included offenses, thereby depriving him of his constitutional right to a trial by jury.
3. Whether he was afforded the effective assistance of counsel at his trial and on direct appeal.
 

Following a review of the record, we affirm the lower court's dismissal of Locust's petition.
 

Dyer County Court of Criminal Appeals 12/04/97