Court of Criminal Appeals Opinions

Format: 08/27/2015
Format: 08/27/2015
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
State vs. Audrey Black
E1999-01391-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 06/23/92
State vs. Frederick Sledge
W2001-02402-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: James C. Beasley, Jr.
The defendant was convicted of first degree murder and especially aggravated robbery and was originally sentenced to death and twenty years, respectively. The trial court ordered the sentences to be served consecutively. On appeal, this court affirmed both convictions but reversed the death sentence and remanded it for resentencing. On remand, the defendant was sentenced to life imprisonment after a new sentencing hearing. The life sentence was ordered to be served consecutively to the original twenty-year sentence for especially aggravated robbery. The only issue raised on this appeal is whether, on remand, the trial court erred by not reconsidering the issue of consecutive sentencing when resentencing the defendant for the murder conviction. We affirm the sentence as imposed on remand by the trial court.
Shelby County Court of Criminal Appeals 12/10/91
State vs. Frederick Sledge
W2001-02402-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: James C. Beasley, Jr.
The defendant was convicted of first degree murder and especially aggravated robbery and was originally sentenced to death and twenty years, respectively. The trial court ordered the sentences to be served consecutively. On appeal, this court affirmed both convictions but reversed the death sentence and remanded it for resentencing. On remand, the defendant was sentenced to life imprisonment after a new sentencing hearing. The life sentence was ordered to be served consecutively to the original twenty-year sentence for especially aggravated robbery. The only issue raised on this appeal is whether, on remand, the trial court erred by not reconsidering the issue of consecutive sentencing when resentencing the defendant for the murder conviction. We affirm the sentence as imposed on remand by the trial court.
Shelby County Court of Criminal Appeals 12/10/91
State of Tennessee v. Robert Lee Smartt
M2005-00176-CCA-R3-CO
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: John W. Rollins
Coffee County Court of Criminal Appeals 10/21/91
Tony Blan D v. State of Tennessee
W2002-01784-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Carolyn Wade Blackett
Shelby County Court of Criminal Appeals 06/19/90
Tony Bland v. State of Tennessee
W2002-01784-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Carolyn Wade Blackett
Shelby County Court of Criminal Appeals 06/19/90
Arthur Ray Lepley
01C01-9903-CR-00084
Authoring Judge:
Trial Court Judge:
Davidson County Court of Criminal Appeals 04/27/90
Joe Utley vs. State of Tennessee
01C01-9709-CR-00428
Authoring Judge: Senior Judge L. T. Lafferty
Trial Court Judge: Judge Seth W. Norman

The appellant, Joe L. Utley, appeals as of right from a judgment of the Davidson County Criminal Court denying his petition for post-conviction relief. The petitioner alleges that trial and appellate counsel rendered ineffective assistance in several areas. After a through review of the record, we REMAND to the trial court with instructions to enter a findings of fact and conclusions of law.

Davidson County Court of Criminal Appeals 12/08/88