Court of Criminal Appeals Opinions

Format: 05/20/2013
Format: 05/20/2013
State of Tennessee v. Ricky Earl Genes
M2012-02284-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Derek K. Smith

The defendant, Ricky Earl Genes, pleaded guilty to three counts of aggravated assault, and the Hickman County Circuit Court sentenced him as a Range I, standard offender to a term of 18 years’ imprisonment. On appeal, the defendant argues that the trial court erred in its application of certain enhancement factors. In addition, the defendant challenges both the manner of service and the alignment of his sentences. Discerning no error, we affirm the judgments of the trial court.

Hickman County Court of Criminal Appeals 04/08/13
State of Tennessee v. Charles D. Sprunger
E2011-02579-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge David A. Patterson

Following a jury trial, the defendant, Charles D. Sprunger, was convicted of sexual exploitation of a minor, a Class B felony, and sentenced as a Range I offender to eight years at 100%. On appeal, he argues that the evidence is insufficient to support his conviction and that the trial court erred in sentencing him. After review, we affirm the judgment of the trial court.

Cumberland County Court of Criminal Appeals 04/05/13
Matthew Jackson v. State of Tennessee
M2012-01759-CCA-R3-PC
Authoring Judge: Judge Jeffrey S. Bivins
Trial Court Judge: Judge Michael R. Jones

Matthew Jackson ("the Petitioner"), acting pro se, filed for post-conviction DNA analysis after pleading guilty to two counts of aggravated rape, one count of aggravated kidnapping, one count of aggravated robbery, and one count of theft of property over $500. After a hearing, the post-conviction court denied the petition. The Petitioner now appeals. Upon our thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court.

Robertson County Court of Criminal Appeals 04/05/13
Charhela Wilson v. State of Tennessee
M2012-01786-CCA-R3-PC
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Cheryl Blackburn

The Petitioner, Charhela Wilson, appeals as of right from the Davidson County Criminal Court’s denial of her petition for post-conviction relief. The Petitioner contends that her pleas of nolo contendere to two counts of aggravated child neglect, a Class B felony, were not knowingly and voluntarily entered into due to the ineffective assistance of her trial counsel. See Tenn. Code Ann. § 39-15-402. However, the Petitioner’s notice of appeal was untimely filed. Following our review, we conclude that the interest of justice does not require waiver of the timely filing requirement in this case. Accordingly, the appeal is dismissed.

Davidson County Court of Criminal Appeals 04/05/13
Joseph Shaw v. State of Tennessee
W2012-00630-CCA-R3-PC
Authoring Judge: Judge D. Kelly Thomas
Trial Court Judge: Senior Judge David G. Hayes

The Petitioner, Joseph Shaw, appeals as of right from the Madison County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner contends (1) that he received ineffective assistance from his trial counsel because trial counsel failed to challenge a juror who was previously acquainted with the Petitioner; (2) that trial counsel was ineffective for failing to call several witnesses to testify as to the Petitioner’s character; and (3) that the Petitioner was denied his right to trial by a fair and impartial jury. Following our review, we affirm the judgment of the post-conviction court.

Madison County Court of Criminal Appeals 04/04/13
State of Tennessee v. Gregory Lamont Hodge, a/k/a Gregory L. Locke
M2012-00577-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Timothy L. Easter

A Williamson County Criminal Court Jury found the appellant, Gregory Lamont Hodge a.k.a Gregory L. Locke, guilty of delivery of .5 grams or more of cocaine, a Class B felony. The trial court sentenced the appellant as a career offender to thirty years in the Tennessee Department of Correction. On appeal, the appellant contends that the Williamson County Sheriff’s Department’s refusal to allow defense counsel to record an interview with the confidential informant who purchased drugs from the appellant prevented him from receiving a fair trial. Upon review, we affirm the judgment of the trial court.

Williamson County Court of Criminal Appeals 04/04/13
Lonnie Lee Owens v. State of Tennessee
M2011-02188-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge Buddy D. Perry

The Petitioner, Lonnie Lee Owens, appeals the Franklin County Circuit Court’s denial of his petition for post-conviction relief from his convictions for second degree murder, abuse of a corpse, and theft over $10,000 and his effective twenty-four-year sentence. On appeal, he contends that (1) counsel was ineffective by failing to object to an erroneous statement contained in the presentence report and by failing to include the trial transcript in the appellate record, (2) counsel was ineffective in cross-examining the medical examiner, (3) counsel was ineffective by attempting to negotiate a plea agreement in the jury’s presence, (4) counsel was ineffective by failing to request a jury instruction on lesser included offenses, (5) counsel was ineffective by failing to interview a witness before the trial, (6) counsel was ineffective by failing to request a change of venue, (7) counsel was ineffective by failing to file a motion for a new trial and by failing to appeal his conviction, (8) the cumulative effect of counsel’s errors deprived him of the effective assistance of counsel, and (9) he is entitled to a delayed appeal. We affirm the judgment of the trial court.

Franklin County Court of Criminal Appeals 04/04/13
State of Tennessee v. Telly Lamont Booker
E2011-01915-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Bob R. McGee

The defendant, Telly Lamont Booker, appeals from his Knox County Criminal Court jury convictions of possession with intent to sell or deliver .5 grams or more of cocaine in a school zone, evading arrest, and unlawful possession of a weapon. In this appeal, he contends that the trial court erred by admitting evidence of his previous convictions, by permitting a police officer to testify as an expert witness on the habits of individuals involved in the illegal drug trade, and by refusing to provide a requested jury instruction. Discerning no error, we affirm.

Knox County Court of Criminal Appeals 04/03/13
State of Tennessee v. Arnes'a Hart
M2012-00967-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Steve Dozier

Appellant, Arnes’a Hart, was indicted by the Davidson County Grand Jury for one count of felony murder, one count of aggravated child neglect, and one count of child neglect after the death of her infant son. In exchange for pleas of guilty to criminally negligent homicide and child neglect, Appellant received sentences of six years and one year, respectively. The sentences were ordered to be served concurrently. The charge of aggravated child neglect was dismissed. The plea agreement specified that the trial court would determine the manner of service of the sentence after a hearing. After a sentencing hearing, the trial court denied alternative sentencing, ordering Appellant to serve her sentence in confinement in order to avoid depreciating the seriousness of the offense and due to Appellant’s lack of truthfulness at the sentencing hearing. Appellant appeals the denial of alternative sentencing. After a review of the record and the applicable authorities, we conclude the record indicates that the trial court did not abuse its discretion in denying an alternative sentence where the proof showed that there was a need for deterrence of similar crimes, and Appellant was untruthful at the sentencing hearing. Accordingly, the judgment of the trial court is affirmed.

Davidson County Court of Criminal Appeals 04/03/13
State of Tennessee v. Paula Crowder
M2012-02396-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Michael W. Binkley

The Defendant, Paula Crowder, pled guilty to vehicular assault, a Class D felony, and was sentenced to serve three years in the Department of Correction (DOC). She challenges the trial court’s denial of probation and alternative sentencing. After consideration of the applicable authorities and the record on appeal, we affirm the judgment of the trial court.

Hickman County Court of Criminal Appeals 04/03/13
Michael Thacker v. State of Tennessee
W2012-01835-CCA-R3-HC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Joe H. Walker III

The Petitioner, Michael Thacker, appeals the Circuit Court of Hardeman County’s denial of his pro se petition for writ of habeas corpus. The State has filed a motion requesting that this Court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court.

Hardeman County Court of Criminal Appeals 04/02/13
Cleo Henderson v. Dwight Barbee, Warden
W2012-02051-CCA-R3-HC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Joe H. Walker III

The Petitioner, Cleo Henderson, appeals the Circuit Court of Lauderdale County’s denial of his pro se petition for writ of habeas corpus. The State has filed a motion requesting that this Court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court.

Lauderdale County Court of Criminal Appeals 04/02/13
State of Tennessee v. Olivia Kathleen Epps
M2012-01104-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge David M. Bragg

The Defendant, Olivia Kathleen Epps, pleaded guilty to first offense driving under the influence, a Class A misdemeanor. See T.C.A. § 55-1-401 (2010). She was sentenced as a Range I, standard offender to eleven months and twenty-nine days, all suspended but forty-eight hours. The Defendant’s plea agreement reserved a certified question of law regarding the legality of the traffic stop that led to her arrest. We affirm the judgment of the trial court./p>

Rutherford County Court of Criminal Appeals 04/02/13