Court of Criminal Appeals Opinions

Format: 08/30/2014
Format: 08/30/2014
State of Tennessee v. Gregory A. Hedges
E1999-01350-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: J. Curtis Smith
Bledsoe County Court of Criminal Appeals 12/01/10
State vs. James Chapman
E1999-01315-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Douglas A. Meyer
Hamilton County Court of Criminal Appeals 12/01/10
State vs. Michelle Ferguson
E1999-01302-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Carroll L. Ross
Defendant Michelle Ferguson was convicted by a jury of two counts of aggravated child abuse and one count of first degree murder in perpetration of aggravated child abuse. The trial court subsequently imposed concurrent sentences of eighteen years, eighteen years, and life. Defendant challenges her convictions, raising the following issues: (1) whether the evidence was sufficient to support her convictions; (2) whether the trial court erred when it failed to sever the trials for the charges in this case; and (3) whether the trial court erred when it failed to grant a motion for a mistrial. The judgment of the trial court is reversed, and the case is remanded for a new trial.
McMinn County Court of Criminal Appeals 12/01/10
State vs. Gordon Scott Katz
E1999-01220-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: James B. Scott, Jr.
The appellant, Gordon Scott Katz, was found guilty by a jury in the Criminal Court of Anderson County of one count of auto burglary, a class E felony, and one count of theft under $500, a class A misdemeanor. Subsequently, the trial judge granted the appellant's motion for judgment of acquittal. The State appealed. This court reversed the trial court's judgment of acquittal and remanded for further proceedings. The appellant then moved for a new trial. The trial court denied the appellant's motion for new trial, stating that the opinion of this court mandated a reinstatement of the jury's verdict. The appellant appeals and presents the following issues for our review: (1) whether the trial court erred in ruling that the previous order of the Court of Criminal Appeals required denial of the motion for new trial; (2) whether the indictment in this case is fatally defective such as to require dismissal of this charge; (3) whether the evidence of intent to commit a felony is insufficient to support the conviction; and, (4) whether the evidence of intent to deprive the owner is insufficient to support the conviction. Upon review of the record and the parties' briefs, we reverse the judgment of the trial court and remand for a new trial.
Anderson County Court of Criminal Appeals 12/01/10
State vs. Richard Eugene Trivette
E1999-00944-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Phyllis H. Miller
The Defendant was convicted of two counts of sexual battery. His plea agreement provided for concurrent sentences of two years for his convictions, with the manner of service of the sentences to be determined by the trial judge. The trial judge ordered that the Defendant serve 280 days of his sentences in the county jail, with the balance to be served on intensive probation. On appeal, the Defendant argues that the trial judge erred by ordering him to serve 280 days in jail. We modify the sentences imposed by the trial court.
Sullivan County Court of Criminal Appeals 12/01/10
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