Court of Criminal Appeals Opinions

Format: 04/23/2014
Format: 04/23/2014
Johnny Rutherford vs. State
E1999-00932-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: James B. Scott, Jr.
Anderson County Court of Criminal Appeals 12/01/10
State s. Amanda Lee Sutton
E1999-00920-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Stephen M. Bevil
The defendant, a former day care worker, pled guilty to Class D felony child abuse for breaking the jaw of a two-year-old child in her care. She was given a three-year sentence, to be served in split confinement, with six months in the county workhouse and four years of supervised probation. On appeal, the defendant raises the issues of whether the trial court erred in considering the age, vulnerability, and risk to the victim's life as a sentencing enhancement factor when the offense was already classified according to the age of the victim, and whether the trial court erred in failing to utilize alternative sentencing. Based upon our review, we affirm the decision of the trial court.
Hamilton County Court of Criminal Appeals 12/01/10
E1999-00915-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: R. Steven Bebb
Bradley County Court of Criminal Appeals 12/01/10
State vs. Vernon Haas
E1999-00690-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: R. Jerry Beck
Sullivan County Court of Criminal Appeals 12/01/10
State vs. Luther Ray Dotson, Jr.
E1999-00640-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: J. Curtis Smith
Rhea County Court of Criminal Appeals 12/01/10
State vs. Luther Ray Dotson, Jr.
E1999-00640-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: J. Curtis Smith
Rhea County Court of Criminal Appeals 12/01/10
State vs. Gary Haney
E1999-00552-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Ben W. Hooper, II
Jefferson County Court of Criminal Appeals 12/01/10
State vs. Gary Haney
E1999-00552-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Ben W. Hooper, II
Jefferson County Court of Criminal Appeals 12/01/10
State vs. Brian Waters
E1999-00551-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: James E. Beckner
Hawkins County Court of Criminal Appeals 12/01/10
State vs. James David Lamor Perry
E1999-00271-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Phyllis H. Miller
Defendant James David Lamor Perry was convicted of two counts of possession of cocaine, more than .5 grams, within 1000 feet of a school, and one count of possession of marijuana. Defendant was fined and sentenced to 20 years on each cocaine possession count and to 6 months on the marijuana count, all sentences to run concurrently. On this direct appeal Defendant now raises numerous challenges to his convictions, including issues regarding the constitutionality and interpretation of the Drug-Free School Zone Act. Defendant also argues that his sentence for the cocaine possession counts is excessive. We find no error and affirm Defendant's convictions and sentences.
Sullivan County Court of Criminal Appeals 12/01/10
Jerry L. Johns vs. State
E1999-00260-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: E. Eugene Eblen
Morgan County Court of Criminal Appeals 12/01/10
State vs. Charles Edward Overby
E1999-00253-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Carroll L. Ross
Bradley County Court of Criminal Appeals 12/01/10
State vs. Larry Keith Huddle
E1999-00250-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Phyllis H. Miller
Sullivan County Court of Criminal Appeals 12/01/10