State of Tennessee v. Muhammed Nuridden
The appellant, Muhammed Nuridden, was found guilty by a jury in the Hamilton County Criminal Court of possession of more than .5 grams of cocaine with the intent to sell or deliver. Additionally, the appellant pled guilty to driving on a revoked license and possession of marijuana. The appellant received a total effective sentence of nine years in the Tennessee Department of Correction. On appeal, the appellant raises numerous issues for our review, including evidentiary issues and the sufficiency of the evidence. Upon our review of the record and the parties' briefs, we reverse the appellant's conviction for possession of more than .5 grams of cocaine with the intent to sell or deliver and remand for new trial. |
Hamilton | Court of Criminal Appeals | |
Kenneth Martin v. Martha Martin
After a sixteen-year marriage and two children, Husband and Wife both filed for divorce. Wife stipulated that Husband was entitled to a divorce. After hearing the evidence, the trial court fashioned a parenting plan which named Mother the primary residential parent with visitation for Husband; accepted the parties' stipulation with respect to the marital property; divided the remaining contested marital property; and ordered the parties to pay their own attorney's fees. Husband appeals. We affirm the judgment of the trial court. |
Sumner | Court of Appeals | |
State of Tennessee v. Richard Daniel Filauro
The defendant, Richard Daniel Filauro, appeals as of right the Davidson County Criminal Court's denial of his motion to withdraw his guilty pleas to two counts of rape of a child, Class A felonies. At the guilty plea hearing, the trial court imposed two concurrent twenty-five-year sentences, as provided in the plea agreement. In addition, the agreement stipulated that the defendant would not receive pretrial jail credit for the eighteen months he spent in jail before agreeing to plead guilty. The defendant contends that he should be allowed to withdraw his guilty pleas (1) because the trial court did not have jurisdiction to accept his pleas and (2) because his guilty pleas are manifestly unjust. We conclude that the defendant's sentence is illegal, that his guilty pleas are manifestly unjust, and that he should be allowed to withdraw his pleas. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Faris Abd Al-Ali
A jury convicted the Defendant, Faris Abd Al-Ali, of rape of a child. The Defendant was subsequently sentenced to twenty-two years of incarceration for this offense. In this direct appeal, the Defendant contends that the trial court erred when it refused to suppress his statement, and also contends that he is entitled to a new trial because the State failed to elect upon which offense it was seeking a conviction. Finding no merit in the Defendant's contentions, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
Charlie M. Gardner v. State of Tennessee
The Defendant, Charlie M. Gardner, was convicted by a jury of first degree murder and two counts of aggravated assault. In this post-conviction proceeding, the Defendant alleges that he received the ineffective assistance of counsel during his trial; that he was denied due process by being denied the right to testify; and that the trial court erred in one of its jury instructions. After an evidentiary hearing, the trial court denied relief and this appeal followed. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Christopher Linsey
The Defendant, Christopher Demotto Linsey, pled guilty to simple possession of cocaine, a Class A misdemeanor. As part of his plea agreement, he expressly reserved with the consent of the trial court and the State the right to appeal a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). The certified question of law stems from the trial court's denial of the Defendant's motion to suppress the evidence seized as a result of a police officer stopping the Defendant's automobile. We affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Marion Laughrun
The appellant, Marion Shawn Laughrun, pled guilty to two counts of theft in the Washington County Criminal Court and received a total effective sentence of two years and one day in the Tennessee Department of Correction. The trial court granted the appellant probation on both of his sentences. While on probation, the appellant pled guilty to attempted robbery and received a sentence of four years incarceration in the Tennessee Department of Correction. As a result of the new conviction, the trial court revoked the appellant's probation on the theft convictions and ordered the original sentences to be served in confinement. Additionally, the court refused to grant the appellant an alternative sentence on the attempted robbery conviction. The appellant appeals both the probation revocation and the denial of alternative sentencing. Upon review of the record and parties' briefs, we affirm the judgments of the trial court. |
Washington | Court of Criminal Appeals | |
Annie Ruth Gilkerson v. State of Tennessee
The petitioner, Annie Ruth Gilkerson, appeals from the post-conviction court's dismissal of her petition for post-conviction relief. Because the petition is barred by the statute of limitations, the judgment is affirmed. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Fred Maines
The appellant, Fred L. Maines, was indicted by the Sullivan County Grand Jury for driving under the influence, fourth offense, a Class E felony. The appellant subsequently pled guilty to driving under the influence, first offense, a Class A misdemeanor, with the sentence to be determined by the trial court. Following a hearing, the trial court sentenced the appellant to eleven months and twenty-nine days confinement in the county jail, to be served at seventy-five percent. The trial court also imposed a three hundred fifty dollar ($350) fine and suspended the appellant's driver's license for one year. On appeal, the appellant contends that the trial court erred by ordering the appellant to serve seventy-five percent of his sentence in confinement. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
Ronald Stephen Satterfield v. Renata E. Bluhm, M.D., and Occupatient Medical Services, P.C.
Plaintiff's claims for defendants aiding and abetting the State in terminating him and for libel and slander, tortious interference with his employment contract, outrageous conduct, and negligence were dismissed in the Trial Court by summary judgment. Plaintiff has appealed. We affirm the Trial Court's Judgment. |
Knox | Court of Appeals | |
State of Tennessee v. Vincent Jackson
A jury convicted the defendant of premeditated first degree murder, and the trial court sentenced him to life imprisonment. On appeal, the defendant contends: (1) the trial court erred in denying his motion to suppress his statement to the police; (2) the trial court erred in denying his motion for a new trial due to jury misconduct; and (3) the evidence is insufficient to support his conviction. We reduce the conviction to second degree murder and remand for sentencing. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ricky Allen Davis
The appellant, Ricky Allen Davis, was convicted by a Franklin County Jury of one count of assault, a Class A misdemeanor; two counts of vandalism under $500, Class A misdemeanors; and one count of disorderly conduct, a Class C misdemeanor. Following a sentencing hearing, the trial court sentenced the appellant on each of the Class A misdemeanors to eleven months and twenty-nine days confinement and on the Class C misdemeanor to thirty days confinement to be served in the county jail at seventy-five percent. On appeal, the appellant contends that the trial court erred by allowing the victim's mother to testify at the sentencing hearing regarding the victim's nightmares resulting from the assault. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. |
Franklin | Court of Criminal Appeals | |
JJ & TK Corp., et al. v. Board of Commissioners of the City of Fairview, Tennessee, et al.
In this case the defendant, the Board of Commissioners of the City of Fairview, declined to grant a certificate of compliance to the plaintiffs, who sought to operate a retail liquor store at the entrance of Bowie Nature Park in Fairview, Tennessee. The plaintiffs contend they met all the legal requirements in effect at the time of their application; and that the defendant based its decision on a pending ordinance which required a minimum distance of 1000 feet between liquor stores and public parks. The trial court granted summary judgment for the defendant. We reverse the decision of the trial court. |
Williamson | Court of Appeals | |
Daniel Lee Stevenson v. Tracy Dawn Stevenson
This appeal arises from the trial court’s award of primary residential custody of the parties’ minor |
Rutherford | Court of Appeals | |
Thomas Farr v. State of Tennessee
The Defendant, Thomas Farr, pled guilty to one count of second degree murder and two counts of solicitation to commit first degree murder. In accordance with the plea agreement, the Defendant was sentenced to thirty years on the murder charge and to eight years on each of the solicitation charges, which terms were concurrent to each other but consecutive to the thirty year term, for an effective sentence of thirty-eight years. The Defendant subsequently filed for post-conviction relief on the grounds that his lawyer was ineffective and that his plea was not knowingly and voluntarily entered. After a hearing, the trial court denied relief. This appeal followed. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Allison L. Brewington
The Appellant, Allison L. Brewington, appeals the decision of the Davidson County Criminal Court revoking his probation and ordering reinstatement of his original sentence. Brewington pled guilty to the aggravated assault of his girlfriend on October 28, 2002, and received a four-year suspended sentence. On December 5, 2002, a warrant was issued, alleging that Brewington violated his probation by harassing the victim on two occasions and failing to report his arrests for these offenses to his probation officer. On appeal, Williams raises the following issues for our review: (1) whether the trial court erred in revoking his probation because the State failed to prove by a preponderance of the evidence that he was guilty of harassment, (2) whether the trial court erred by requiring him to serve his entire sentence in confinement, and (3) whether the trial court improperly considered allegations not contained within the violation warrant. After review, we find that the trial court did not abuse its discretion by revoking Brewington’s probation and ordering reinstatement of his original four-year sentence. |
Davidson | Court of Criminal Appeals | |
Monoleto Green v. State of Tennessee
Monoleto D. Green appeals from the Rutherford County Circuit Court's denial of his petition for post-conviction relief. He claims that he did not receive the effective assistance of counsel in the conviction proceedings and, as a result, his guilty plea was involuntary. Because he has failed to demonstrate error in the lower court's ruling, we affirm. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Corey Radley
A jury convicted the Defendant, Corey Lamont Radley, of second degree murder. The trial court subsequently sentenced him as a Range I offender to twenty-five years of incarceration. In this direct appeal, the Defendant challenges the sufficiency of the evidence; contests the admission of certain evidence; and complains that his sentence is excessive. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Nelson Keith Foster v. State of Tennessee
Plaintiff's civil rights action against an Assistant District Attorney for prosecutorial misconduct was dismissed by the Chancellor. On appeal, we affirm. |
Sullivan | Court of Appeals | |
State of Tennessee v. Mary Lucinda Washington
The defendant was convicted of reckless homicide for the stabbing death of her adult daughter. The trial court sentenced the defendant to a maximum sentence of four years for a Class D felony as a Range I offender. The defendant appeals this sentence claiming it is excessive and that the trial court erred in permitting the judge who presided over the defendant’s preliminary hearing to testify at the sentencing hearing. We find these issues do not merit a reversal of this case and affirm the trial court’s decision to impose the maximum sentence. |
Gibson | Court of Criminal Appeals | |
Guy Varnadoe v. Shelton McGhee, Jr., et al. - partial Concurrence/Dissent
I concur in the majority opinion’s affirmance of the trial court’s money judgment against defendants in the amount of $10,464.80. However, I respectfully dissent from that part of the majority opinion that awards post-judgment interest on the money judgment from the date of entry of the trial court’s judgment in the first trial of this case that was reversed and remanded by this Court. |
Shelby | Court of Appeals | |
Guy Varnadoe v. Shelton McGhee, Jr., et al.
Following a remand by this Court, the trial court entered judgment in favor of the Plaintiff in the amount of $10,464.80 plus post-judgment interest from the time of filing of the trial court’s original judgment. Defendants appeal. We affirm. |
Shelby | Court of Appeals | |
Donna Jean Sexton v. State of Tennessee
The petitioner, Donna Jean Sexton, appeals from the judgment of the Carter County Circuit Court denying her post-conviction relief from her convictions for first degree murder and aggravated robbery. The petitioner contends that (1) the post-conviction court erred by concluding that her amended, comprehensive petition was invalid because it was not properly verified under oath; (2) she received the ineffective assistance of counsel because her attorneys misinformed her as to the length of her sentence for first degree murder; and (3) her nolo contendere pleas were not knowingly, intelligently, and voluntarily made because the trial court never informed her that she was waiving constitutional rights and there was an insufficient factual basis for the petitioner's pleas. Although we conclude that the amended petition was not properly verified, we conclude the trial court correctly proceeded on all issues raised by the petitioner. We also hold that the trial court's findings and conclusions relative to the petitioner's claims are affirmed. |
Carter | Court of Criminal Appeals | |
Jerry Mitchell v. State of Tennessee
Jerry Mitchell appeals from the Davidson County Criminal Court's denial of his petition for post-conviction relief, in which he claimed that his guilty plea to the offense of attempted first degree murder was involuntary because his attorney erroneously advised him that he would serve only three years of his fifteen year sentence. The lower court found that the petitioner failed to prove his claim by clear and convincing evidence and denied relief. Because the petitioner has not carried his appellate burden of demonstrating error in the lower court's ruling, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. David K. Wachtel, III
The appellant, David K. Wachtel, III, was convicted in the Sumner County Criminal Court of three counts of domestic assault. The trial court imposed a sentence of eleven months and twenty-nine days incarceration in the Sumner County Jail for each conviction, with one sentence consecutive to the other two, and placed the appellant on probation. On appeal, the appellant raises issues concerning the trial court's rulings, the sufficiency of the evidence supporting his convictions, and sentencing. Upon our review of the record and the parties' briefs, we affirm the judgments of the trial court. |
Sumner | Court of Criminal Appeals |