Court of Criminal Appeals Opinions

Format: 09/18/2014
Format: 09/18/2014
Thomas Hebron v. State of Tennessee
01CO1-9510-CC-00349
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Judge Cornelia A. Clark

The appellant, Thomas Hebron, appeals the dismissal by the trial court of his “Petition for Habeas Corpus/Petition for Post-Conviction Relief.” The appellant is currently serving a sentence of life imprisonment pursuant to a conviction on August 24, 1984, for first degree murder. On November 21, 1985, this court affirmed his conviction. State v. Hebron, No, 84-231-III (Tenn. Crim. App. at Nashville), perm. to appeal denied, (Tenn. 1986). In 1987, the appellant unsuccessfully sought federal habeas corpus relief. Subsequently, on March 6, 1989, he filed his first petition for post-conviction relief, alleging ineffective assistance of counsel. Following appointment of counsel and an evidentiary hearing, the trial court dismissed the petition. Finally, on February 22, 1994, the appellant filed the instant pro se petition, alleging an erroneous jury instruction on premeditation and deliberation, in violation of the supreme court’s opinion in State v. Brown, 836 S.W.2d 530 (Tenn. 1992). On March 15, 1994, the trial court appointed counsel to represent the appellant and, on May 18, 1995, conducted a hearing. At the hearing, the trial court treated the petition as one seeking post-conviction relief. Tenn. Code Ann. § 40-30-108 (1990). The trial court then concluded that the petition was barred by the applicable statute of limitations, Tenn. Code Ann. § 40-30-102 (1990), and, moreover, failed to state a ground for relief of  constitutional magnitude, Tenn. Code Ann. § 40-30-105 (1990).


We agree.

Hickman County Court of Criminal Appeals 02/05/96
State of Tennessee v. Catherine Ward
01C01-9307-CC-00224
Authoring Judge: Judge Penny J. White
Trial Court Judge: Judge Henry Denmark Bell

Appellant, Catherine Ward, was convicted of promoting prostitution, a Class E felony, by a jury. The trial court found that appellant was a standard offender and imposed a Range I sentence consisting of a fine of $3,000 and confinement for one year in the Department of Correction.

Williamson County Court of Criminal Appeals 02/02/96
State of Tennessee v. Jefferson Pennington - Dissenting
01C01-9307-PB-00219
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge James R. Everett, Jr.

I dissent. I agree with the majority opinion that the twelve-hour detention without allowing bond under the policy stipulated by the parties to exist constituted punishment. In this respect, I believe that the policy would result in serious violations of an arrestee's statutory and constitutional rights, from illegal detention through illegal denial of bail into fundamental violation of due process. However, I do not believe that the Double Jeopardy Clause of either the Fifth Amendment to the United States Constitution or Article I, Section 10 of the Tennessee Constitution is implicated in this case.

Davidson County Court of Criminal Appeals 02/01/96
State of Tennessee v. Nathan Daniel Baiocco
01C01-9505-CC-00139
Authoring Judge: Presiding Judge Joe B. Jones
Trial Court Judge: Judge Cornelia A. Clark

This Court granted the appellant's Rule 9 interlocutory appeal to determine whether the trial court abused its discretion in denying the appellant's petition for the writ of certiorari to review the district attorney general's denial of pretrial diversion. The appellant contends that the trial court abused its discretion. The state contends that the trial court properly affirmed the district attorney general's decision to deny pretrial diversion. Since this Court finds that the trial court did not abuse its discretion, the judgment of the trial court is affirmed.

Hickman County Court of Criminal Appeals 02/01/96
X2010-0000-XX-X00-XX
Authoring Judge:
Trial Court Judge:
Madison County Court of Criminal Appeals 01/31/96
03C0l-9406-CR-002l3
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Trial Court Judge:
Knox County Court of Criminal Appeals 01/31/96
03C01-9505-CR-00137
Authoring Judge:
Trial Court Judge: Douglas A. Meyer
Hamilton County Court of Criminal Appeals 01/31/96
03C01-9409-CR-00355
Authoring Judge:
Trial Court Judge: Lynn W. Brown
Johnson County Court of Criminal Appeals 01/31/96
02C01-9507-CR-00186
Authoring Judge:
Trial Court Judge:
Shelby County Court of Criminal Appeals 01/31/96
02C01-9507-CC-00195
Authoring Judge:
Trial Court Judge:
Madison County Court of Criminal Appeals 01/31/96
02C01-9507-CC-00180
Authoring Judge:
Trial Court Judge:
Fayette County Court of Criminal Appeals 01/31/96
02C01-9506-CC-00178
Authoring Judge:
Trial Court Judge:
Hardeman County Court of Criminal Appeals 01/31/96
I Agree With Judge Welles' Analysis In The Majority Opinion. State v. Adams,
02C01-9506-CC-00178
Authoring Judge:
Trial Court Judge:
Hardeman County Court of Criminal Appeals 01/31/96