SUPREME COURT OPINIONS

State of Tennessee vs. George Langford - Concurring
02S01-9806-CR-00061
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Judge Arthur T. Bennett

We granted this appeal to decide whether: (1) the evidence was sufficient to convict the defendant of aggravated burglary and felony murder committed during the perpetration of an aggravated burglary; and (2) the trial court erred in failing to instruct the jury as to criminal trespass. We hold that the evidence was sufficient to convict the defendant and that the trial court did not err in failing to instruct the jury on criminal trespass.  Accordingly, the judgment of the Court of Criminal Appeals affirming the defendant’s convictions is affirmed.

Shelby Supreme Court

State of Tennessee v. Ray L. Taylor - Concurring
02S01-9809-CR-00089
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Judge James C. Beasley, Jr.

We granted this appeal to decide whether a defendant’s credibility may be impeached by reference to a prior conviction for a “felony involving dishonesty.” We hold that the trial court erred in ruling that the State could impeach the defendant by asking him whether he had been convicted of any “felonies involving dishonesty.” We hold, however, that the error was harmless.1

Shelby Supreme Court

Sanjurjo et al vs. Woods
03S01-9901-CH-00001

Supreme Court

Marcus vs. Marcus
02S01-9804-CH-00036

Shelby Supreme Court

State vs. Rogers
02S01-9804-CR-00035

Supreme Court

Brooks vs. Carter
02S01-9903-CV-00023

Shelby Supreme Court

State of Tennessee v. Leonard Edward Smith
03S01-9710-CC-00129
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Judge Lynn W. Brown

In this automatic appeal,1 the defendant, Leonard Edward Smith, raises numerous challenges to the decision of the Court of Criminal Appeals which affirmed his sentence of death for the 1984 murder of Novella Webb. After carefully examining the entire record and the law, including the thorough opinion of the Court of Criminal Appeals and the briefs of the defendant and the State, this Court entered an Order limiting review at oral argument to the following three issues:2 (1) Whether the trial court was correct in allowing the defendant to control the presentation of mitigating evidence and to waive closing argument against counsel’s advice; (2) Whether the admittance of victim impact testimony and argument at the sentencing hearing constituted reversible error; (3) Whether the sentence of death is arbitrary or disproportionate in violation of Tenn. Code Ann. § 39-13-206(c)(1)(A)-(D) (1997 Repl.).

Hamblen Supreme Court

State vs. Leonard Smith
03S01-9710-CC-00129
Trial Court Judge: Lynn W. Brown

Hamblen Supreme Court

X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX

Supreme Court

State vs. Galmore
02S01-9804-CR-00033
Trial Court Judge: Joseph B. Dailey

Shelby Supreme Court

In the matter of: Bianca Arneshe Askew, Dorothy Lewis v. Julie Donoho
02S01-9901-CV-00006
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: Judge Jon Kerry Blackwood

In this child custody case involving Bianca Arneshe Askew, now age eight years and nine months, we consider the competing claims between the child’s natural mother, Julie Donoho, and Dorothy Lewis, who presently has physical custody of the child. The lower courts found that a prior court order had granted custody to Ms. Lewis and that Ms. Donoho had failed to satisfy her burden of proving that custody should be restored to her. Because we find that Ms. Donoho’s constitutional right as a parent has been abridged, due to the absence of a showing of unfitness or of substantial harm, we reverse the decisions of the lower courts.

Fayette Supreme Court

State vs. Bryant Dewayne Millen
02S01-9711-CR-00106
Trial Court Judge: L. Terry Lafferty

Supreme Court

State vs. Bryant Dewayne Millen
02S01-9711-CR-00106

Supreme Court

State vs. Bryant Dewayne Millen
02S01-9711-CR-00106
Trial Court Judge: L. Terry Lafferty

Supreme Court

O2-S-01-9710-CR-00085
O2-S-01-9710-CR-00085

Supreme Court

Eyring vs. Fort Sanders Parkwest et al
03S01-9711-CV-00134

Supreme Court

Parent vs. State
01S01-9804-BC-00066

Supreme Court

Holt vs. Lewis
01S01-9809-PB-00165

Davidson Supreme Court

Brewer vs. Lincoln Brass Works
01S01-9609-CV-00196
Trial Court Judge: Jim T. Hamilton

Wayne Supreme Court

King vs. State
03S01-9801-CR-00001

Knox Supreme Court

State vs. Small
03S01-9804-CR-00038

Knox Supreme Court

State vs. Harris
02S01-9806-CC-00053

Henry Supreme Court

State of Tennessee v. Teresa Dion Smith Harris - Separate Concurring
02S01-9806-CC-00053
Authoring Judge: Special Justice David B. Hayes
Trial Court Judge: Judge Julian P. Guinn

The majority concludes that the jury’s finding of an incomplete aggravating circumstance permits Tenn. R. Crim. P. 52(a), harmless error review, holding the error statutory rather than constitutional. I agree that the error is statutory and that harmless error analysis applies. Accordingly, I join with the majority in affirming the judgment of the Court of Criminal Appeals. I write separately, however, because I find that, in conducting harmless error review, the majority fails to perform a sufficient analysis to support its finding that the invalid aggravating circumstance did not “affirmatively appear to have affected the result of the trial on the merits.” See Tenn. R. Crim. P. 52(a).

Henry Supreme Court

Helms vs. Dept. of Safety
01S01-9709-CH-00185

Supreme Court

State vs. Crutcher
01S01-9804-CR-00081
Trial Court Judge: Jane W. Wheatcraft

Supreme Court