State of Tennessee v. Eric Matthews
The defendant, Eric Matthews, was charged by the Shelby County Grand Jury in two separate indictments with especially aggravated kidnapping, a Class A felony, aggravated kidnapping, a Class B felony, and two counts of aggravated rape, a Class B felony, based on events involving the victim, V.T.,1 that occurred on August 14, 1999, in the Whitehaven area of Memphis. Following his 2003 trial,2 he was acquitted of the rape counts and convicted in both the especially aggravated and aggravated kidnapping counts of the lesser-included charge of kidnapping, a Class C felony. Applying four enhancement and no mitigating factors, the trial court sentenced the defendant as a Range I, standard offender to concurrent terms of five years in the county workhouse. In a timely appeal to this court, the defendant challenges both the sufficiency of the evidence and the sentencing imposed. Based on our review of the record and applicable law, we conclude that the evidence is sufficient to sustain the convictions but that the trial court erred by failing to merge the kidnapping convictions into a single judgment of conviction. We further conclude that three of the four enhancement factors were applied in error under the United States Supreme Court’s recent decision in Blakely v. Washington, 542 U.S. ___, 124 S. Ct. 2531 (2004), which was released after the sentencing was imposed in this case. Accordingly, we affirm the convictions, but order that they be merged into a single conviction and modify the sentence imposed from five to four years, to be served in the county workhouse. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Steve A. White
Defendant, Steve A. White, appeals the trial court’s order amending Defendant’s judgment to grant restitution to the victim in his case. Because the trial court did not have jurisdiction to amend Defendant’s judgment, we reverse the judgment of the trial court and remand for reinstatement of the judgment of conviction as originally entered. |
Shelby | Court of Criminal Appeals | |
Clarence Mumford v. Board of Education of The City Of Memphis
Board of Education of the City of Memphis suspended tenured teacher and assistant principal without pay pending an investigation of child abuse by the Department of Children’s Services. After teacher was reinstated, he sought to recover lost wages under T.C.A. §49-5-511. Trial court found that teacher was entitled to recover but that such recovery should be offset by wages earned during the period of suspension. We affirm as modified herein. |
Shelby | Court of Appeals | |
Corey Cartwright v. State of Tennessee
The petitioner, Corey Cartwright, appeals as of right from the dismissal of his petition for post-conviction relief by the Davidson County Criminal Court. He seeks relief from his Class C felony conviction for possession of less than one-half gram of cocaine with intent to sell and resulting sentence of ten years in confinement. He contends that the post-conviction court erred in summarily dismissing his petition without appointing counsel, that he received the ineffective assistance of counsel, and that the trial court erred in sentencing. We affirm the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Garner Dwight Padgett
The defendant, Garner Dwight Padgett, was convicted of first degree premeditated murder. The trial court imposed a sentence of life imprisonment. In this appeal of right, the defendant contends that the trial court erred by failing to grant a mistrial after two jurors observed him in custody, by failing to instruct on the lesser included offenses of aggravated assault and assault, and by failing to suppress his confession. He also challenges the sufficiency of the evidence and argues that there was prosecutorial misconduct during closing argument. The judgment of the trial court is affirmed. |
Putnam | Court of Criminal Appeals | |
Bowdoin Grayson Smith v. Ginger Lee Marenchin Smith
Bowdoin Grayson Smith (“Father”) and Ginger Lee Marenchin Smith (“Mother”) were divorced in 1996. Mother was granted sole custody of the parties’ four minor children, and Father was granted visitation and ordered to pay child support. Two years later, Father filed a petition for joint custody and later a petition to modify child support. After a hearing, the Trial Court found that Father had failed to prove a material change in circumstances and denied the petition for joint custody; modified the visitation schedule; granted Father telephone and e-mail contact with the children at specified times; found that Mother had proved monthly expenses of $7,500 were reasonably necessary to provide for the support and needs of the children, but that Father would be responsible for paying only $5,000 in monthly child support with Mother responsible for the remainder; and granted Mother attorney’s fees. Mother appeals claiming the Trial Court erred in finding that only $7,500 per month was reasonably necessary for the support of the children and in holding that Father would be responsible for only $5,000 of these expenses. Father raises additional issues claiming the Trial Court erred in dismissing the petition for joint custody and in awarding Mother attorney’s fees. We affirm, in part; modify, in part; vacate, in part; and remand solely for the collection of the costs below. |
Smith | Court of Appeals | |
Anthony and Melinda K. Colston v. Citizens Tri-County Bank
Following Appellees’ default on promissory note secured by a deed of trust, Appellant Bank placed a hold on Appellees’ accounts and instigated foreclosure proceedings. Despite the fact that Appellees cured the default, Appellant Bank continued its hold on accounts and failed to stop publication of foreclosure notice. Although Appellees failed to prove damages, trial court found Bank negligent and awarded nominal damages to Appellees. We reverse. |
Marion | Court of Appeals | |
State of Tennessee v. Sheridan Armstrong
The defendant, Sheridan Armstrong, was convicted of felony murder and aggravated child abuse. The trial court ordered concurrent sentences of life with the possibility of parole and twenty years, respectively. In this appeal of right, the defendant contends that the trial court erred by failing to suppress his statement to police and argues that the evidence supporting each conviction was insufficient. The judgments of the trial court are affirmed. |
Shelby | Court of Criminal Appeals | |
Anthony Randaul v. State of Tennessee
The petitioner, Anthony Randaul, appeals from the Dyer County Circuit Court’s dismissal of his petition for post-conviction relief from his convictions for kidnapping, robbery, and sale of cocaine weighing less than one-half gram and resulting sentence of nine years. He contends that he received the ineffective assistance of counsel at trial. We affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. James Johnson
The defendant, James Johnson, originally charged with first degree murder, was convicted of second degree murder. The trial court imposed a sentence of twenty-three years. In this appeal, the defendant asserts that (1) the evidence is insufficient to support his conviction; (2) the trial court erred by denying his motion for a preliminary hearing; (3) the trial court erred by permitting evidence of a California police chase involving the defendant; (4) the trial court erred in its instructions to the jury; (5) the cumulative effect of the errors at trial require reversal; and (6) the sentence is excessive. Because the trial court misapplied certain of the enhancement factors, the sentence is modified to twenty-one years. Otherwise, the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. James Johnson - Concurring and Dissenting
I concur with the majority opinion on all issues except that portion which modifies the sentence to twenty-one years. I agree that the United States Supreme Court’s opinion in Blakely v. Washington, 542 US ____, 124 S.Ct. 2531 (2004), questions the validity of Tennessee’s sentencing scheme. I agree that prior to Blakely, this Court’s holding should be that enhancement factors (11) and (17) could not be applied, but that the remaining enhancement factors, (2), (6), and (10), would be applicable. However, under Blakely, it is clear that only evidence of prior convictions can be used to enhance a sentence without a jury making a determination of the existence of an enhancement factor, or where the jury determination is waived by the defendant, or where the application of another enhancement factor is “admitted” by the defendant. The term “admitted by Defendant,” while seemingly clear at first glance, has not been conclusively defined by judicial decision. The United States Supreme Court in Blakely may have meant “admitted” in the context of a judicial proceeding such as a guilty plea hearing with the solemnity of a guilty plea. Or, the Court possibly meant an admission by a defendant in testimony at a sentencing hearing. Thus, the meaning of the term “admitted by the defendant” is subject to debate, and is better left to appellate review when that precise issue has been squarely addressed by a trial court and thereafter raised on appeal. |
Shelby | Court of Criminal Appeals | |
James Lee Perry v. State of Tennessee
The Petitioner, James Lee Perry, appeals the trial court's dismissal of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Robert Ray Mills
This matter was presented to the Court upon the motion of the State of Tennessee, pursuant to Rule 20, Rules of the Court of Criminal Appeals of Tennessee, for this Court to affirm the judgment of the trial court by memorandum opinion. We affirm the judgment of the trial court. |
Sumner | Court of Criminal Appeals | |
Early H. Miles v. State of Tennessee
The Petitioner, Early H. Miles, appeals the trial court's dismissal of his petition for post- conviction relief or in the alternative for writ of habeas corpus. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner filed his petition outside the statute of limitations for post-conviction purposes. The petition was not filed in the proper court for habeas corpus purposes, and the petitioner did not give any reason in the petition for not applying to the nearest court as required by law. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
Susan Daugherty v. State of Tennessee, Cherry Lindamood, Warden
Petitioner has appealed the dismissal of her petition for writ of habeas corpus. The State has filed a motion pursuant to Rule 20, Rules of the Court of Criminal Appeals of Tennessee, for this Court to affirm the judgment of the trial court by memorandum opinion. We grant the motion and affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Randy Pruitt and Anet America
The defendants, who are brother and sister, were each convicted by a Cocke County jury of assault, a Class A misdemeanor, and sentenced by the trial court to serve 11 months, 29 days on supervised probation. Both defendants challenge the sufficiency of the evidence on appeal. We conclude that sufficient evidence was presented from which a rational trier of fact could reasonably find both defendants guilty of assault. Accordingly, we affirm the judgments of the trial court. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Ricky Joe Awatt
The appellant was convicted in the Madison County Circuit Court of the first degree premeditated murder of Junecus Bolden. The appellant received a sentence of life imprisonment in the Tennessee Department of Correction. On appeal, the appellant raises issues regarding the admission of certain testimony and the propriety of the State’s rebuttal closing argument. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Judy Gay Todd v. Continental Casualty Company
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Gibson | Workers Compensation Panel | |
Christopher Grey Cummings v. Pepper Lynne Werner Cummings
The trial court granted the husband a divorce on the ground of the wife’s adultery and made various rulings regarding the parenting arrangement for the parties’ one year old son, child support, property division, and award of attorney’s fees. The parties have appealed most of the those rulings. Although we affirm the equal sharing of residential placement, we find the six month alternating schedule is not in this child’s best interests. We also find other parts of the plan must be vacated in view of recent holdings by the Tennessee Supreme Court. Therefore, we vacate the parenting plan and remand for entry of a new permanent parenting plan addressing the residential schedule, the designation of primary residential parent, allocation of decision-making authority, and child support. In the interim, we reinstate the trial court’s pendente lite arrangement, as modified, and establish interim support. We affirm the division of property, modify the allocation of debt, and modify the award of attorney’s fees. |
Williamson | Court of Appeals | |
Linda C. Gorrell v. Tyree B. Harris, IV
This is a child support modification case. The child involved was born out of wedlock to the parties on June 13, 1996. Mother brought suit in the Juvenile court of Davidson County in July of 1996 seeking to establish paternity of the father and to establish child support. Both parties were represented by counsel, and on May 30, 1997, the juvenile court entered an Order of Compromise and Dismissal. The parties settled the case by Settlement Agreement under which Mr. Harris agreed to pay to Ms. Clark (now Gorrell) the sum of $20,000 cash for any and all claims against Mr. Harris through June 30 of 1998, including her child support claims as to the minor child. From June 13, 1998 forward, Mr. Harris agreed to pay $12,000 per year as child support together with medical insurance until the child reached age 18. On February 23, 2001, Mother filed a Petition to Modify the child support in order to bring it in compliance with Child Support Guidelines. The trial court held the Settlement Agreement to be void and set prospective child support but declined to either award retroactive child support or to order an upward deviation in child support because of failure of the father to visit the child. We affirm the ruling of the trial court that the Settlement Agreement is void, modify prospective child support, reverse the trial court on retroactive child support, deny an upward deviation as to retroactive support, but grant such deviation as to future support. The case is remanded for further proceedings. |
Davidson | Court of Appeals | |
Robert Holloway v. State of Tennessee
This matter was presented to the Court upon the motion of the State of Tennessee, pursuant to Rule 20, Rules of the Court of Criminal Appeals of Tennessee, for this Court to affirm the judgment of the trial court by memorandum opinion. We affirm the judgment of the trial court. |
Dickson | Court of Criminal Appeals | |
Michael Brown v. State of Tennessee
This matter was presented to the Court upon the motion of the State of Tennessee, pursuant to Rule 20, Rules of the Court of Criminal Appeals of Tennessee, for this Court to affirm the judgment of the trial court by memorandum opinion. We affirm the judgment of the trial court. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Raymond Sunil Tate
The petitioner, Raymond Sunil Tate, appeals from the denial of his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the action of the trial court pursuant to Rule 20, Tenn. Ct. Crim. App. R. The petition does not establish either an expired sentence or a void judgment. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed. |
Hamilton | Court of Criminal Appeals | |
James Dubose v. State of Tennessee, Kevin Myers, Warden
This matter was presented to the Court upon the motion of the State of Tennessee, pursuant to Rule 20, Rules of the Court of Criminal Appeals of Tennessee, for this Court to affirm the judgment of the trial court by memorandum opinion. We affirm the judgment of the trial court. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Patricia White and Craig White - Dissenting
The majority concludes that modification of the defendant, Patricia White’s, sentence is |
Gibson | Court of Criminal Appeals |