Almonda Duckworth v. State of Tennessee
The Petitioner, Almonda Duckworth, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of counsel and his guilty pleas were unknowing and involuntary. Following our review, we affirm the judgment of the |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Stephen Richard Mayes
The Defendant, Stephen Richard Mayes, pleaded guilty to aggravated kidnapping, and the trial court entered the agreed out-of-range sentence of fifteen years of incarceration, to be served as a Range II offender. The Defendant filed a motion to correct an illegal sentence pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure, alleging that he was mentally incompetent at the time of sentencing, that he negotiated to be sentenced as a Range I offender and not a Range II offender, and that his sentence was illegal as it was out-of-range. The trial court summarily dismissed the motion, finding that he had not presented a colorable claim for relief because he had negotiated and agreed to an out-of-range sentence, which had not yet expired. On appeal, the Defendant maintains that his sentence is illegal. After review, we affirm the criminal court’s judgment.
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Knox | Court of Criminal Appeals | |
Christopher Michael Parker v. Courtney Williams Parker
In this post-divorce dispute, the mother filed a criminal contempt petition alleging the father had violated the permanent parenting plan. Two years later, the father filed a petition for criminal contempt and modification of the parenting plan. The court consolidated the competing petitions for trial. Sometime after the court began hearing proof, the mother filed a motion to change venue, arguing that the court lacked subject matter jurisdiction to modify the plan because she and the child had lived in Georgia for seven years. The court denied the mother’s motion. And after completion of the trial, the court found that a material change in circumstance had occurred sufficient to modify the residential parenting schedule and that modification of the schedule was in the child’s best interest. The court also found the mother in criminal contempt for violations of the parenting plan. Based on the circumstances surrounding the mother’s contempt, the court ordered the mother to pay the father’s attorney’s fees. Upon review, we conclude that the trial court retained exclusive, continuing jurisdiction to modify the parenting plan. Based on the state of the record, we also affirm the modification of the parenting plan and the criminal contempt conviction. But we vacate the award of attorney’s fees and remand for reconsideration of the amount of fees awarded. |
Bedford | Court of Appeals | |
Dexter Lee Williams v. Tennessee Department Of Correction, Et Al.
Appellant, an inmate in the custody of the Tennessee Department of Correction, appeals the trial court’s dismissal of his petition for common law writ of certiorari. Appellant raises several issues regarding violations of the Tennessee Department of Correction’s uniform disciplinary procedures. The inmate was found guilty of refusal/attempt to alter a drug test. After exhausting his administrative appeals, he filed an application for a writ of certiorari in the trial court. The trial court granted the writ of certiorari, and on review of the record, dismissed Appellant’s petition. Finding no error, we affirm. |
Hickman | Court of Appeals | |
State of Tennessee v. Larry Joe Carroll, AKA Larrie Carroll
Following a bench trial, Larry Joe Carroll (“Defendant”) was convicted of criminal trespass, criminal simulation valued at $1,000 or less, and criminal impersonation, for which he received an effective sentence of two years to serve in the Tennessee Department of Correction. On appeal, Defendant challenges the sufficiency of the evidence as it relates to his convictions for criminal simulation valued at $1,000 or less and criminal impersonation. Following a thorough review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Joe T. Brooks
The Defendant, Joe T. Brooks, appeals as of right, from the Hamilton County Criminal Court’s revocation of his probationary sentence and order of nine months’ incarceration for his conviction of reckless endangerment. The Defendant contends that the trial court abused its discretion by ordering him to serve nine months of confinement before being returned to supervised probation. Following our review, we affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
Dustin W. Brown v. Sarah Farley
In this child custody action, the trial court awarded custody of the minor child to the child’s father despite the fact that the child had resided with and/or been in the legal custody of the respondent maternal grandmother for a significant period of time. The maternal grandmother has appealed. Discerning no reversible error, we affirm the trial court’s judgment in all respects. |
Cumberland | Court of Appeals | |
Dale J. Montpelier v. Herbert S. Moncier et al.
Defendant/Appellant filed a motion for attorney fees in the Knox County Circuit Court after Plaintiffs/Appellees’ claims against the defendant were dismissed pursuant to Tennessee Rule of Civil Procedure 12.02(6). The trial court denied Defendant’s request, concluding that one of the plaintiffs’ claims was an issue of first impression and as such, the plaintiffs were exempt from having attorney’s fees assessed against them. Defendant appeals. Because we conclude that the trial court’s application of the attorney fees statute, Tennessee Code Annotated section 20-12-119, was in error, we vacate the order of the trial court and remand for further proceedings. |
Knox | Court of Appeals | |
Branch Banking And Trust Company v. Wayne R. Hill Et Al.
In this action for a deficiency judgment following the foreclosure sale of six tracts of real property, some of which were improved by resort cabins, the trial court granted the plaintiff bank’s motion for partial summary judgment against the defendant real estate developers and their limited liability company, for which the developers were guarantors, finding that the developers were liable for deficiency balances owed on promissory notes and guaranty agreements, as well as accrued interest, bank charges, late fees, and attorney’s fees. Following a bench trial concerning the amounts owed, the trial court awarded money judgments to the bank in the amounts, respectively, of $1,180,223.77 against the developers as individuals and $144,848.30 against the developers’ limited liability company. Finding, inter alia, that the developers had failed to properly plead the defense of inadequate foreclosure sales prices, the trial court sustained the bank’s objections to the developers’ requests to cross-examine the bank’s witnesses and introduce additional evidence regarding the adequacy of the foreclosure sales prices and foreclosure process. The trial court subsequently denied the developers’ motion to vacate the order granting the money judgments. The developers have appealed. Discerning no reversible error, we affirm. |
Sevier | Court of Appeals | |
Michael Jon Eckley v. Margit Eckley
In this appeal arising from a divorce, the trial court adopted a permanent parenting plan for the parties’ two minor children that named the father the primary residential parent for one child and the mother the primary residential parent for the other. The court also awarded Mother alimony in futuro after finding her to be relatively economically disadvantaged and that rehabilitation was not feasible. On appeal, the father challenges both the permanent parenting plan and the alimony award. We affirm. |
Montgomery | Court of Appeals | |
Gary Miller v. Collin Miller, et al.
This case involves the interpretation of a buy-sell provision in a partnership agreement. The trial court concluded that the buy-sell provision was properly triggered by the Appellee and ordered that $125,000.00 be paid to the Appellee, representing the value of Appellee’s interest in the partnership. The trial court also awarded the Appellee attorney’s fees and held that other claims which had been pursued by the parties were moot. Having reviewed the terms of the buy-sell provision, we conclude that the provision was never properly triggered and, therefore, reverse the judgment of the trial court to the extent that it purported to enforce the parties’ agreement. Because various other claims were dismissed as moot in light of the trial court’s specific enforcement of the buy-sell provision that dismissal is hereby vacated, and those additional claims are remanded for further consideration and proceedings in the trial court. |
Madison | Court of Appeals | |
State of Tennessee v. Ronnell Barclay
Defendant, Ronnell Barclay, was convicted after a jury trial of one count of rape of a child, one count of aggravated sexual battery, and six counts of exploitation of a minor. After a sentencing hearing, Defendant was sentenced to a total effective sentence of |
Shelby | Court of Criminal Appeals | |
Alejandro Vasquez v. State of Tennessee
The Petitioner, Alejandro Vasquez, appeals the dismissal of his petition for post-conviction relief, arguing that due process considerations should toll the running of the statute of limitations because he is a native Spanish speaker and cannot speak English. Following our review, we affirm the dismissal of the petition as time-barred. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Robert Antwan McElmurry
The Defendant, Robert Antwan McElmurry, was convicted by a Dyer County Circuit Court jury of aggravated statutory rape, a Class D felony, and was sentenced to eight years in the Department of Correction. On appeal, he argues that the evidence is insufficient to sustain his conviction. After review, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. David Levon Byers, Jr.
Following a bench trial, the Defendant-Appellant, David Levon Byers, Jr., was convicted of possession of a weapon by a convicted felon, possession of drug paraphernalia, and “improper lane change” in violation of Tenn. Code Ann. § 55-8-123, for which he received an effective sentence of four-years to be served on supervised probation. Prior to trial, the Defendant filed a motion to suppress challenging the constitutionality of the traffic stop, which was denied by the trial court. The sole issue presented in this appeal as of right is whether the trial court erred in denying his motion to suppress. Upon our review, we affirm. |
Fayette | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Guthrie
Defendant, Kenneth Guthrie, entered a best interest plea to attempted rape in exchange for a three-year sentence with the manner of service of the sentence to be determined by the trial court at a sentencing hearing. After the hearing, the trial court sentenced Defendant to serve six months day-for-day with the balance of the sentence to be served on probation. Defendant appeals his sentence, arguing that the trial court improperly denied a sentence of full probation. We affirm the judgment of the trial court. |
Dickson | Court of Criminal Appeals | |
In Re Julian J. Et Al.
A mother and father appeal the termination of their parental rights to two children. The juvenile court found four statutory grounds for termination of mother’s parental rights and two statutory grounds for termination of father’s parental rights. The court also found that termination of both parents’ parental rights is in the children’s best interest. We conclude that the record contains clear and convincing evidence to support one ground for termination against Mother and two grounds for termination against Father. We further conclude that termination of parental rights is in the children’s best interest. So we affirm. |
Dickson | Court of Appeals | |
State of Tennessee v. Sharrad Sharp
The Appellant, Sharrad Sharp, was convicted in the Shelby County Criminal Court of one count of aggravated child abuse of a child eight years of age or less, a Class A felony; two counts of aggravated child neglect of a child eight years of age or less, a Class A felony; one count of aggravated sexual battery of a child less than thirteen years of age, a Class B felony; three counts of aggravated assault, a Class C felony; and two counts of child abuse of a child eight years of age or less, a Class D felony. After a sentencing hearing, he received an effective thirty-seven-year sentence. On appeal, the Appellant contends that six of the |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. William Scott Hunley
The Defendant, William Scott Hunley, was convicted of possession with intent to sell more than 0.5 grams of methamphetamine, possession with intent to deliver more than 0.5 grams of methamphetamine, possession of marijuana, and possession of drug paraphernalia. He received an effective sentence of twenty-five years. On appeal, the Defendant challenges only his conviction of possession with intent to sell methamphetamine, arguing that the evidence is insufficient to support the verdict. He also challenges the trial court’s denial of his motion to suppress. Upon reviewing the record and applicable law, we affirm the trial court’s judgments. |
Madison | Court of Criminal Appeals | |
In Re Keshawn J., et al.
In this dependent and neglect proceeding, the maternal grandparents of four children appeal an order entered in the Shelby County Juvenile Court dismissing a petition in which they sought visitation with the children pursuant to the grandparent visitation statute at Tennessee Code Annotated section 36-6-306. For the reasons set forth hereinafter we affirm the juvenile court’s dismissal of the petition for lack of jurisdiction. |
Shelby | Court of Appeals | |
Heun Kim, et al. v. State of Tennessee
Plaintiffs/Appellants brought a negligence suit against the State of Tennessee after their six-year old son fell from the fifth floor balcony of the state owned and operated Paris Landing State Park Inn. The Plaintiffs alleged that the State was negligent in two respects: 1) in allowing their son to gain access to an unoccupied guest room and the attached balcony, and 2) in maintaining balcony railings that were shorter in height than was required by applicable building codes. Following a bench trial, the Tennessee Claims Commissioner concluded that the Plaintiffs failed to establish that the State’s negligence was the proximate cause of their son’s injuries. Because we have determined that the Commissioner’s conclusions of law are deficient and only address one of the Plaintiffs’ claims for negligence, we vacate the judgment and remand for further consideration. |
Court of Appeals | ||
Stevie Gibson v. State of Tennessee
Petitioner, Stevie Gibson, appeals the denial of his petition for post-conviction relief, in which he challenged his Shelby County Criminal Court convictions for two counts of second degree murder and one count of aggravated robbery. On appeal, Petitioner argues that he was denied the effective assistance of counsel based on trial counsel’s failure to argue at trial that Petitioner could not form the requisite mens rea for the charges of first degree murder and aggravated robbery due to his voluntary intoxication at the time of the offense. Additionally, Petitioner asserts that he was denied a full and fair hearing due to the post-conviction judge’s refusal to recuse himself. After a thorough review of the facts and applicable law, we affirm. |
Shelby | Court of Criminal Appeals | |
In Re Maddox G.
This is a termination of parental rights case. The trial court terminated father’s parental rights on the grounds of abandonment by willful failure to support and abandonment by willful failure to visit. With respect to the former ground, we reverse, finding insufficient evidence to support a finding that Father had the ability to pay child support. However, we affirm the latter ground, finding ample evidence that father had failed to exercise his visitation rights for over two years prior to the filing of the termination petition. We further find that termination of father’s parental rights is in the best interest of the child. |
Henderson | Court of Appeals | |
State of Tennessee v. James Ray Parker
The defendant, James Ray Parker, appeals his Monroe County Circuit Court jury conviction of first degree murder, claiming that the trial court erred by concluding that the defendant was competent to stand trial, that the trial court erred by denying the defendant’s motion to suppress his statements to the police and the fruits derived from those statements, that the trial court erred by failing to suppress evidence obtained via an invalid search warrant, that the trial court erred by failing to grant his motion to continue, that the trial court erred by refusing to instruct the jury on the defense of insanity, and that the evidence was insufficient to support his conviction. Discerning no reversible error, we affirm. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. Steven Kelly
Following a bench trial, the Defendant, Steven Kelly, was convicted of possession with intent to sell or deliver 0.5 grams or more of cocaine. By agreement of the parties, the trial court sentenced the Defendant to a suspended nine-year sentence to be served consecutively to a federal sentence. On appeal, the Defendant contends that the evidence failed to prove that he had the intent to sell the cocaine. After review, we affirm the trial court’s judgment. |
Montgomery | Court of Criminal Appeals |