Court of Criminal Appeals Opinions

Format: 09/15/2014
Format: 09/15/2014
Terrence Liddle vs. Ricky Bell, Warden
01C01-9709-CR-00395
Authoring Judge:
Trial Court Judge:
Davidson County Court of Criminal Appeals 03/15/94
Andre Bland v. State of Tennessee
W2007-00020-CCA-R3-PD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: W. Fred Axley
Shelby County Court of Criminal Appeals 02/12/94
Dexter Frank Johnson vs. State
E2004-01260-CCA-R3-HC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Stephen M. Bevil
The petitioner, Dexter Frank Johnson, appeals the dismissal of his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the action of the trial court pursuant to Rule 20, Tenn. Ct. Crim. App. R. The petition fails to present a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.
Hamilton County Court of Criminal Appeals 02/11/94
Johnny McGowan, Jr. vs. State
M2003-01759-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Don Ash
The Petitioner, Johnny L. McGowan, Jr., pled guilty in 1994 to aggravated arson, arson, six counts of reckless endangerment with a deadly weapon and two counts of vandalism, and the trial court sentenced him to twenty years in prison, to be served concurrently with a sentence from a previous conviction. In 2003, the Petitioner filed two pro se petitions for writs of habeas corpus in case numbers 27902 and 27903 alleging that his guilty pleas were not entered knowingly and voluntarily and requesting that the trial court appoint him counsel. The trial court summarily dismissed the petitions because it found that the Petitioner's claims, considered in the light most favorable to him, would at best render his convictions voidable and not void. On appeal, the Petitioner contends that the trial court erred by denying his request for appointment of counsel and by dismissing his petitions because there were "fatal variances" between the indictments and the evidence contained in the record. Finding no reversible error, we affirm the trial court's judgments.
Rutherford County Court of Criminal Appeals 01/24/94
Rhodney Roberson v. State of Tennessee
W2003-01236-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Joseph H. Walker, III
Gibson County Court of Criminal Appeals 11/19/93
Mark L. Grimes v. Fred Rainey, Warden
W2002-01583-CCA-R3-CO
Authoring Judge: Judge Jerry Smith
Trial Court Judge: R. Lee Moore Jr.
Lake County Court of Criminal Appeals 07/14/93
Supreme Court'S Recent Opinion In Hicks v. State, 945 S.W.2D 706 (Tenn. 1997), We Find
01-9801-CC-00027
Authoring Judge:
Trial Court Judge:
Court of Criminal Appeals 05/28/93
Gregory Scott Spooner vs. State
E2004-02160-CCA-R3-HC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: James E. Beckner
The petitioner, Gregory Scott Spooner, appeals from the trial court's order dismissing his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petition fails to establish a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.
Hancock County Court of Criminal Appeals 04/28/93
01C01-9707-CC-00315
Authoring Judge:
Trial Court Judge:
Williamson County Court of Criminal Appeals 03/23/93
State vs. Bruce Reliford
W1999-00826-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: W. Fred Axley
This direct appeal follows dismissal of the appellant's motion at the trial level for a "Correction/Reduction" of his sentences. The appellant is currently serving an effective sentence of life without parole after pleading guilty in 1995 to the offenses of first degree murder, two counts of aggravated robbery and one count of aggravated assault. He argues that his sentences are illegal and are subject to correction because (1) his life sentence is in direct contravention of statutory authority and (2) his negotiated plea agreement with the State is incapable of specific performance. The indictment alleges that these offenses occurred on December 24, 1992. On this date, life without the possibility of parole was not an available sentencing option for first degree murder. Although we find that appellate review of a "Motion for Correction or Reduction" of a sentence is not available, as of right, under Tenn. R. App. P. 3(b), nonetheless, we hold that review is available under the common law writ of certiorari. Upon review of the presented issues, we conclude that the trial court was without authority to impose a sentence of life without the possibility of parole for first degree murder. This conviction and sentence is vacated. Because the appellant's plea agreement encompassed all of his convictions and resulting sentences, we find it necessary upon vacating his first degree murder conviction to also vacate his convictions and sentences for aggravated robbery and aggravated assault. This case is remanded to the trial court for further proceedings.
Shelby County Court of Criminal Appeals 12/24/92
State vs. Donald Biggs
02C01-9901-CC-00017
Authoring Judge:
Trial Court Judge:
Lake County Court of Criminal Appeals 12/17/92
State vs. Stephen Stamps
W1999-01716-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: C. Creed Mcginley
Henry County Court of Criminal Appeals 07/22/92
02C01-9508-CR-00222
Authoring Judge:
Trial Court Judge:
Shelby County Court of Criminal Appeals 06/24/92