Court of Criminal Appeals Opinions

Format: 04/20/2014
Format: 04/20/2014
Antonio Hampton v. State of Tennessee
W2013-00320-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Lee V. Coffee

The Petitioner, Antonio Hampton, appeals the post-conviction court’s denial of relief from his convictions for especially aggravated kidnapping and aggravated robbery. On appeal, the Petitioner argues that he received ineffective assistance of counsel and that his guilty pleas were not knowing, voluntary, and intelligent. Upon review, we affirm the judgment of the post-conviction court.

Shelby County Court of Criminal Appeals 03/19/14
State of Tennessee v. Coby Curtis Harrison
W2013-01596-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge William B. Acree

The defendant, Coby Curtis Harrison, admitted to violating his probation and now appeals the trial court’s order requiring him to serve the remainder of his three-year sentence for aggravated assault in confinement. We affirm the judgment of the trial court in accordance with Rule 20 of the Rules of the Tennessee Court of Criminal Appeals.

Weakley County Court of Criminal Appeals 03/19/14
Troy Fuller v. State of Tennessee
W2013-01244-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Donald H. Allen

The Petitioner, Troy Fuller, appeals the post-conviction court’s denial of post-conviction relief from his convictions for rape, aggravated criminal trespass, and violation of an order or protection. On appeal, the Petitioner argues that he received ineffective assistance of counsel. Upon review, we affirm the judgment of the post-conviction court.

Madison County Court of Criminal Appeals 03/19/14
State of Tennessee v. Richard Dickerson
W2012-02283-CCA-R3-CD
Authoring Judge: Judge Jeffrey S. Bivins
Trial Court Judge: Judge Paula Skahan

Richard Dickerson (“the Defendant”) was convicted by a jury of second degree murder. The trial court sentenced the Defendant to twenty-five years’ incarceration. In this direct appeal, the Defendant contends that the trial court (1) should have granted a mistrial following “jury misconduct”; (2) erred in admitting proof of prior bad acts; and (3) imposed an excessive sentence. After a thorough review of the record and the applicable law, we affirm the trial court’s judgment.

Shelby County Court of Criminal Appeals 03/19/14
Terence Davis v. Cherry Lindamood, Warden
W2013-01081-CCA-R3-HC
Authoring Judge: Judge D. Kelly Thomas
Trial Court Judge: Judge Joseph H. Walker III

The Petitioner, Terence Davis, appeals as of right from the Hardeman County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. The Petitioner contends that one of his judgments of conviction is void because it fails to properly reflect his pretrial jail credit. Following our review, we affirm the judgment of the habeas corpus court.

Hardeman County Court of Criminal Appeals 03/19/14
State of Tennessee v. Edward Brown
W2012-02573-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge W. Otis Higgs Jr.

The defendant, Edward Brown, was convicted of attempted second degree murder, a Class C felony, and reckless endangerment, a Class A misdemeanor. The defendant was sentenced to eight years at thirty percent as a Range I offender for his attempted second degree murder conviction and eleven months and twenty-nine days for the reckless endangerment conviction. On appeal the defendant argues that the evidence was not sufficient to sustain a conviction for attempted second degree murder and that the trial court erred in admitting photographs of the crime scene and of the injuries to the female victim. Having reviewed the record, we conclude that the evidence was sufficient to sustain the conviction for attempted second degree murder and that the trial court did not err in admitting the photographs. Accordingly, we affirm the judgment of the trial court.

Shelby County Court of Criminal Appeals 03/19/14
State of Tennessee v. Christopher Mark Bridges
W2013-01481-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Donald H. Allen

The defendant, Christopher Mark Bridges, pled guilty to violating his probation and now appeals the trial court’s order requiring him to serve his sentence in confinement. We affirm the judgment of the trial court in accordance with Rule 20 of the Rules of the Tennessee Court of Criminal Appeals.

Madison County Court of Criminal Appeals 03/19/14
Brian Brawner v. State of Tennessee
W2013-00933-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Roy B. Morgan Jr.

The petitioner, Brian Brawner, appeals the denial of his petition for post-conviction relief. The petitioner was convicted of facilitation of attempted first degree premeditated murder, aggravated assault, and especially aggravated kidnapping. The conviction for aggravated assault was merged into the conviction for facilitation of attempted first degree premeditated murder. On appeal he contends that the post-conviction court erroneously denied his petition because he was denied the right to effective assistance of counsel when trial counsel failed to file a notice of alibi and failed to preserve the testimony of a witness for appeal. Following a review of the record, we affirm the denial of post-conviction relief.

Madison County Court of Criminal Appeals 03/19/14
In re: Free "U" Bonds, Inc. and Phillip Cole Hatmaker
E2013-00782-CCA-R3-CO
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge E. Shayne Sexton

The appellants, Free “U” Bail Bonds, Inc. and Phillip Cole Hatmaker, appeal the Campbell County Circuit Court’s revocation of a convicted felon’s ability to act as a bail bondsman. Upon review, we affirm the judgment of the trial court.

Campbell County Court of Criminal Appeals 03/19/14
Charles Blackstock v. State of Tennessee
E2013-01173-CCA-R3-HC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Barry A. Steelman

The petitioner, Charles Blackstock, appeals the dismissal of his petition for writ of habeas corpus, which petition challenged his 2000 Hamilton County Criminal Court guilty-pleaded convictions of rape of a child, claiming that the habeas corpus court erred by correcting the judgments in his case and by dismissing the petition. Discerning no error, we affirm.

Hamilton County Court of Criminal Appeals 03/19/14
State of Tennessee v. Tommy Higdon
E2012-02146-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge Jon Kerry Blackwood

The Defendant, Tommy Higdon, was convicted by a Campbell County Criminal Court jury of three counts of reckless endangerment, Class A misdemeanors, assault, a Class A misdemeanor, and resisting arrest, a Class B misdemeanor. See T.C.A. § 39-13-101, 39-13-103, 39-16-602 (2010). He was sentenced to concurrent sentences of eleven months, twenty-nine days for the reckless endangerment and assault convictions and six months for the resisting arrest conviction, all to be served onprobation. On appeal, the Defendant contends that (1) his Fifth Amendment rights were violated because the indictment was improperly amended and a defect existed in the grand jury proceedings, (2) he was denied his right to confront witnesses against him, (3) his right to a speedy trial was violated, (4) his three reckless endangerment convictions violate principles of double jeopardy, and (5) he received the ineffective assistance of counsel. We affirm the judgments of the trial court.

Campbell County Court of Criminal Appeals 03/18/14
State of Tennessee v. Anthony Xen Maples
E2013-00961-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Steven Sword

The defendant, Anthony Xen Maples, appeals his Knox County Criminal Court jury conviction of second offense driving under the influence (“DUI”), claiming that the evidence was insufficient to support his conviction and that the fine imposed by the trial court was excessive. Discerning no error, we affirm.

Knox County Court of Criminal Appeals 03/18/14
Phillip Pye v. State of Tennessee
M2013-01191-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Stella L. Hargrove

The Petitioner, Phillip Pye, appeals the Maury County Circuit Court’s summary dismissal of his petition for post-conviction relief as untimely. On appeal, the Petitioner argues that due process concerns should toll the one-year statute of limitations to allow review of his underlying claims. Because the Petitioner has failed to prove any grounds upon which to toll the statute of limitations, we affirm the judgment of the post-conviction court.

Maury County Court of Criminal Appeals 03/18/14