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Court: TCCA


Barry Lee Armistead, Pro Se, Nashville, Tennessee.

Robert E. Cooper, Jr., Attorney General & Reporter; Sophia S. Lee, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

This matter is before the Court upon the State's motion to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Petitioner has appealed the habeas corpus court's order summarily dismissing the petition for writ of habeas corpus. Upon a review of the record in this case, we are persuaded that the habeas corpus court was correct in summarily dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.


Court: TCCA


Jeffrey A. DeVasher (on appeal) and Clark B. Thornton and Jason Gichner (at trial), Assistant Public Defenders, Nashville, Tennessee, for the appellant, James D. Beaird.

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Kathy Morante, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: MCLIN

The defendant was convicted by jury of attempted especially aggravated robbery and first degree felony murder. For his convictions, he received sentences of twelve years and mandatory life imprisonment to be served consecutively. In this appeal, the defendant presents four issues for review: (1) whether the evidence was sufficient to support his convictions; (2) whether the trial court erred in admitting a tape recording of a 911 call the victim's mother made to police; (3) whether the trial court erred in admitting testimony that the victim was fatally shot on his mother's birthday; and (4) whether the trial court erred in sentencing. Finding no errors requiring reversal, we affirm the judgment of the trial court.


Court: TCCA


Michael A. Colavecchio (on appeal) and Ronald E. Munkeboe, Jr. (at trial), Nashville, Tennessee, for the appellant, John W. Foster, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Smith, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Pamela Anderson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The defendant, John W. Foster, Jr., was convicted by a Davidson County jury of aggravated robbery, a Class B felony, and sentenced by the trial court to thirty years at 60 percent as a career offender. In a timely appeal to this court, the defendant challenges the sufficiency of the evidence and the trial court's denial of his motion for a mistrial. Based on our review, we affirm the judgment of the trial court.


Court: TCCA


Donna Leigh Hargrove, District Public Defender, and Andrew Jackson Dearing, III, Assistant Public Defender, for the appellant, Michelle Lee Mason.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Charles F. Crawford, District Attorney General; and Michael David Randles, Assistant District Attorney General, for the appellee, State of Tennessee.


The defendant, Michelle Lee Mason, was convicted on her guilty plea of aggravated assault, a Class C felony, for which she was sentenced to serve seven years in the Department of Correction as a Range II, multiple offender. The defendant claims on appeal that the trial court erred in denying alternative sentencing. We affirm the trial court's denial of alternative sentencing.


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