Court of Criminal Appeals Opinions

Format: 02/05/2016
Format: 02/05/2016
03C01-9505-CR-00130
Authoring Judge:
Trial Court Judge: R. Steven Bebb
McMinn County Court of Criminal Appeals 11/14/96
02C01-9605-CR-00173
Authoring Judge:
Trial Court Judge: Bernie Weinman
Shelby County Court of Criminal Appeals 11/12/96
02C01-9510-CC-00307
Authoring Judge:
Trial Court Judge: Dick Jerman, Jr.
Haywood County Court of Criminal Appeals 11/12/96
02C01-9509-CR-00277
Authoring Judge:
Trial Court Judge:
Shelby County Court of Criminal Appeals 11/12/96
02C01-9507-CR-00179
Authoring Judge:
Trial Court Judge: L. Terry Lafferty
Shelby County Court of Criminal Appeals 11/12/96
02C01-9505-CR-00146
Authoring Judge:
Trial Court Judge: Arthur T. Bennett
Shelby County Court of Criminal Appeals 11/12/96
02C01-9412-CC-00265
Authoring Judge:
Trial Court Judge:
Henry County Court of Criminal Appeals 11/12/96
02C01-9412-CC-00265
Authoring Judge:
Trial Court Judge:
Henry County Court of Criminal Appeals 11/12/96
02C01-9411-CC-00245
Authoring Judge:
Trial Court Judge:
Dyer County Court of Criminal Appeals 11/12/96
State of Tennessee v. Richard Higgs
W2000-02588-CCA-MR3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Carolyn Wade Blackett
Shelby County Court of Criminal Appeals 11/11/96
03C01-9510-CR-00330
Authoring Judge:
Trial Court Judge:
Hamilton County Court of Criminal Appeals 11/08/96
State of Tennessee v. Michael Gentry
01C01-9510-CC-00336
Authoring Judge: Judge Gary R. Wade
Trial Court Judge: Judge Donald P. Harris

The defendant, Michael Gentry, entered a plea of guilt to one count of official misconduct. Tenn. Code Ann. § 39-16-402(a)(5). Pursuant to a plea agreement, the trial court imposed a Range I sentence of two years and granted probation but denied the defendant's request for judicial diversion. Tenn. Code Ann. § 40-35-313; State v. Dishman, 915 S.W.2d 458 (Tenn. Crim. App. 1995). In this appeal, the defendant claims that the trial court abused its discretion by refusing to grant judicial diversion; he also insists that the district attorney general was guilty of prosecutorial vindictiveness.

Williamson County Court of Criminal Appeals 11/08/96
James J. Benson, v. State of Tennessee
01C01-9401-CC-00026
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Donald P. Harris

The petitioner, James J. Benson, appeals as of right from the Williamson County Circuit Court's denial of post-conviction relief. He is presently in the custody of the Department of Correction, serving as a Range II, multiple offender, an effective sentence of one hundred and twenty-eight years for convictions of two counts of aggravated kidnaping and one count each of armed robbery, conspiracy, and accessory before the fact to armed robbery, receiving a sentence of sixty years for each of the crimes except the conspiracy, for which he received a sentence of eight years. The convictions and sentences were affirmed on direct appeal on September 7, 1987, and reaffirmed on a petition to rehear on February 16, 1990. State v. Bobby Mitchell, Richard Cook, and James Benson, Williamson County, No. 87-185-III (Tenn. Crim. App. Sept. 27, 1989), app. denied, (Tenn. April 2, 1990).

Williamson County Court of Criminal Appeals 11/08/96