State of Tennessee v. Timothy Dunn
A Robertson County jury convicted the Defendant, Timothy Dunn, of sale of cocaine within 1,000 feet of a school and delivery of cocaine within 1,000 feet of a school. The trial court merged the two convictions and sentenced the Defendant to serve seventeen years in the Tennessee Department of Correction. On appeal, the Defendant argues that: (1) the trial court erred when it denied his request for a continuance; (2) the trial court erred when it allowed Detective Eddie Stewart to testify when he was not listed on the indictment; (3) the evidence is insufficient to support his conviction; and (4) his sentence is excessive. After review, we affirm the trial court’s judgment. |
Robertson | Court of Criminal Appeals | |
Jose Luiz Dominquez v. State of Tennessee
The Petitioner, Jose Luiz Dominguez, appeals the dismissal of his petition for writ of habeas corpus by the Davidson County Criminal Court. On appeal, the Petitioner argues that the indictment was defective and that he received ineffective assistance of counsel, which rendered his guilty plea involuntary. Upon review, we affirm the judgment of the habeas corpus court. |
Davidson | Court of Criminal Appeals | |
In Re: John J.
This is an appeal from an order terminating a Mother’s parental rights to her son. The Department of Children’s Services filed a petition to have the child declared dependent and neglected when he was observed with burn marks on his thigh and fingers. He was adjudicated to be dependent and neglected, and custody was given to the Department. A petition to terminate Mother’s parental rights was subsequently filed and, following a trial, the court held that Mother had abandoned the child by failing to visit him and by engaging in behavior which exhibited a wanton disregard for the child’s welfare; the court also determined that termination of Mother’s rights was in the child’s best interest. Mother appeals, contending that the court erred in holding that termination of her rights was in the child’s best interest. After a thorough review of the record, we affirm the judgment of the trial court in all respects. |
White | Court of Appeals | |
Pavement Restorations, Inc. v. Thomas E. Ralls, et al.
Employee’s employment was terminated for smoking in a company truck in violation of the employer’s rule. Employee’s initial request for unemployment benefits was denied. The Appeals Tribunal affirmed the denial of benefits, but the Commissioner’s Designee later reversed, finding that employee’s conduct was exempt from the definition of misconduct and concluding that the employee was, therefore, not terminated for workrelated misconduct as defined in the unemployment compensation statutes. On appeal to the chancery court, the trial court concluded that evidence in the record supported the Commissioner’s Designee’s decision. Discerning no error, we affirm. |
Court of Appeals | ||
Linda Jane Parimore v. Gerald David Parimore
Husband appeals: (1) the denial of his Rule 60.02 motion on the basis of fraud; and (2) the grant of attorney’s fees to Wife. We affirm the trial court’s denial of Husband’s Rule 60.02 motion but reverse the grant of attorney’s fees to Wife. We also decline the award of damages to Wife on appeal. Affirmed in part, reversed in part, and remanded. |
Tipton | Court of Appeals | |
Jermaine Burdette v. State of Tennessee
In 2011, the Petitioner, Jermaine Burdette, entered a best interest plea to three counts of especially aggravated kidnapping and three counts of aggravated robbery, and the trial court sentenced him to 111 years of incarceration. This Court affirmed his conviction and sentences on direct appeal. State v. Jermaine Burdette, No. W2011-01938-CCA-R3-CD, 2012 WL 6726525, at *1 (Tenn. Crim. App., at Jackson, Dec. 26, 2012), perm. app. denied (Tenn. May 9, 2013). In 2014, the Petitioner filed a petition for post-conviction relief, alleging that he had received the ineffective assistance of counsel, that his plea was unknowingly and involuntarily entered, and that the State had violated Brady v. Maryland, 373 U.S. 83 (1963), by failing disclose exculpatory evidence until the day before trial. After a hearing, the post-conviction court denied relief. We affirm the post-conviction court's judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Doyan Anderson
The Defendant, Doyan Anderson, was indicted for aggravated assault involving the use or display of a deadly weapon, a Class C felony; aggravated assault based on violation of a court order, a Class C felony; domestic assault, a Class A misdemeanor; and unlawful possession of a firearm after having been convicted of a felony involving the use or attempted use of violence, a Class C felony. See Tenn. Code Ann. §§ 39-13-102(a)(1)(A)(iii), -13-102(c), -13-111, -17-1307. Following a jury trial, the Defendant was convicted of domestic assault and both counts of aggravated assault. The jury acquitted the Defendant of the unlawful possession of a firearm charge. The trial court merged the domestic assault conviction into the aggravated assault conviction based on violation of a court order. The trial court sentenced the Defendant as a career offender and imposed a total effective sentence of thirty years' incarceration. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his conviction for aggravated assault involving the use or display of a deadly weapon and (2) that the trial court committed plain error by failing to require the State to make an election of the distinct conduct it was relying upon regarding the charge of aggravated assault based on violation of a court order. Following our review, we affirm the Defendant's convictions. However, we merge the Defendant's two convictions for aggravated assault and remand the case to the trial court for entry of corrected judgment forms reflecting said merger and the resulting sentence of fifteen years' incarceration. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael O. Brown
In 1991, the Defendant, Michael O. Brown, was convicted of sale of cocaine, and the trial court sentenced him to eleven years of incarceration. In 1996, the Defendant was convicted of sale of cocaine, and the trial court sentenced him to twenty years of incarceration to be served consecutively to his sentence for the 1991 conviction. In 2006, the Defendant filed a motion to correct an illegal sentence. The trial court concluded that the Defendant’s 1991 sentence had been improperly enhanced, so it modified the sentence to eight years. The trial court further concluded that this modification did not affect the Defendant’s sentence for his 1996 conviction. After filing multiple motions to correct an illegal sentence from 2006 to 2008, the Defendant filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1 in 2016, contending that his 1991 conviction was illegal and had been vacated, making the trial court’s use of it as an enhancement for his 1996 sentence improper. The trial court dismissed the Defendant’s motion and denied his subsequent motion to reconsider. The Defendant appeals, contending that his sentence for his 1996 conviction was improperly enhanced and that the trial court erred when it denied his motion to reconsider. After a thorough review of the record, we affirm the trial court’s judgment. |
Lincoln | Court of Criminal Appeals | |
Austin Myles Tomlin v. State of Tennessee
The Petitioner, Austin Myles Tomlin, pleaded guilty to two counts of vehicular homicide by intoxication, and the trial court sentenced him to ten years for each count, to be served consecutively. The Petitioner filed a petition for post-conviction relief, which the post-conviction court denied after a hearing. On appeal, the Petitioner contends that the post-conviction court erred when it dismissed his petition because his trial counsel was ineffective for failing to properly advise him regarding his guilty plea. After review, we affirm the post-conviction court’s judgment. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. David Troy Firestone
David Troy Firestone (“the Defendant”) pled guilty to burglary and theft of property. At a bench trial, the trial court found that the value of the stolen property was over $10,000. The trial court sentenced the Defendant to concurrent sentences of four years for the burglary conviction and to five years for the theft of property conviction as a Range I standard offender. On appeal, the Defendant argues that the evidence was insufficient to establish that the value of the stolen property exceeded $10,000, that he was improperly sentenced, and that the trial court erred in ordering the Defendant to pay $5,000 in restitution to Storage Town of America. After a thorough review of the record and case law, we affirm the Defendant’s convictions and sentences but reverse and vacate the trial court’s order of restitution to Storage Town of America. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Christopher Minor
In a bifurcated trial, a Madison County jury convicted the defendant, Christopher Minor, of two counts of first degree murder, two counts of aggravated burglary, one count of aggravated assault, one count of convicted felon in possession of a firearm, one count of employing a firearm during the commission of a dangerous felony, one count of employing a firearm during the commission of a dangerous felony having been previously been convicted of a felony, and six counts of violating Tennessee Code Annotated section 40-35-121, the criminal gang offenses enhancement statute. The trial court imposed an effective sentence of life plus twenty years. The defendant appeals his conviction, challenging the sufficiency of the evidence and the constitutionality of Tennessee Code Annotated section 40-35-121. The State argues the evidence was sufficient to support the defendant's convictions, and the defendant waived his constitutional challenge by raising his argument for the first time on appeal. We agree with the State and affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
Kenneth Dale Sanders v. State of Tennessee
The pro se petitioner, Kenneth Dale Sanders, appeals the summary dismissal of his petition for writ of error coram nobis. Following our review, we affirm the summary dismissal of the petition as time-barred pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Grundy | Court of Criminal Appeals | |
Reginald Davis v. City of Memphis, et al.
This appeal involves the termination of a firefighter’s employment with the City of Memphis. The firefighter appealed his termination to the City of Memphis Civil Service Commission. He also filed a lawsuit in federal district court asserting various causes of action against the City of Memphis and other defendants. After a six-day jury trial in federal court, the jury returned a verdict in favor of the defendants. The City of Memphis then sought dismissal of the firefighter’s appeal before the Civil Service Commission based on the principles of res judicata and/or collateral estoppel. The Civil Service Commission granted the motion and dismissed the appeal. The firefighter then sought review in chancery court, and the chancery court upheld the decision of the Civil Service Commission. We reverse and remand for further proceedings. |
Shelby | Court of Appeals | |
State of Tennessee v. Christopher Minor-Concur In Part, Dissent In Part
I concur with the majority with respect to its resolution of the Defendant's challenge to the sufficiency of the evidence. However, in light of this court;s holding in State v. Bonds, 502 S.W.3d 118 (Tenn. Crim. App. April 7, 2016), perm. app. denied (Tenn. Aug. 18, 2016), I respectfully disagree with the majority's conclusion that the Defendant has waived his challenge to the constitutionality of the gang enhancement statute. |
Madison | Court of Criminal Appeals | |
State of Tennessee Ex Rel. Tanikia Yolanda Hurt v. William George Bulls, III
This case originated when the State, acting on behalf of Tanikia Yolanda Hurt (Mother), filed a petition against William George Bulls, III (Father) seeking to have him held in contempt because of his failure to pay child support. A juvenile court magistrate dismissed the State’s petition, finding that Father had paid all of his arrearage. On the day the court dismissed the petition, Mother filed a new pleading, a motion, again seeking a finding of contempt against Father. She once again alleged unpaid support in addition to other matters. This motion was also dismissed. Mother appeals. We affirm. |
Hamilton | Court of Appeals | |
State of Tennessee v. Marcia Latrice Taylor
A Maury County grand jury indicted the Defendant, Marcia Latrice Taylor, for one count of possession of 0.5 grams or more of a Schedule II substance, cocaine, with the intent to sell or deliver and one count of possession of 14.175 grams of a Schedule VI substance, marijuana, with the intent to sell or deliver. The Defendant filed a motion to suppress the evidence found as a result of a search of an establishment that she owned based upon the credibility and reliability of the confidential informant whose statement police used as a basis for the warrant. The trial court granted the motion, and the State appeals. On appeal, the State contends that the trial court erred because the confidential informant’s reliability and knowledge were corroborated by independent police investigation. After review, we reverse the judgment of the trial court and remand the case for proceedings consistent with this opinion. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Jason Larry Russo
In the Bedford County Circuit Court, the defendant, Jason Larry Russo, pled guilty to second offense driving on a revoked license, a Class A misdemeanor, and was found guilty by a jury of promotion of the manufacture of methamphetamine, a Class D felony. He was sentenced to eleven months and twenty-nine days for the driving offense and twelve years for the drug offense, to be served consecutively. On appeal, the defendant argues that the trial court erred in imposing consecutive sentences. After review, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. George A. Belt
The defendant, George A. Belt, was convicted by a Bedford County Circuit Court jury of two counts of rape, Class B felonies; one count of incest, a Class C felony; and one count of purchasing alcohol for a minor, a Class A misdemeanor. The trial court merged the rape convictions and imposed a sentence of twenty years for that conviction. The court imposed a sentence of ten years for the incest conviction and eleven months and twenty- nine days for the purchasing alcohol for a minor conviction. The court ordered that all the sentences be served concurrently. On appeal, the defendant challenges the sufficiency of the evidence convicting him of rape and incest and also argues that the trial court imposed an excessive sentence. After review, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
In Re Estate of Earsie L. Kirkman
This case involves the disposition of several certificates of deposit that were held in joint tenancy, with right of survivorship, by Decedent and her daughter, Appellee. Appellants, beneficiaries of Decedent’s estate, argued that the certificates of deposit were probate assets. The trial court denied the objection and closed the estate, finding that the certificates of deposit passed to Appellee as the surviving joint tenant. Appellants appeal. Affirmed and remanded. |
Hardin | Court of Appeals | |
Alexis Mason v. State of Tennessee
Alexis Mason (“the Petitioner”) was convicted of one count of second degree murder and three counts of aggravated assault by a Shelby County jury, for which the Petitioner received an effective sentence of thirty-seven years. The Petitioner filed a petition for post-conviction relief arguing that trial counsel was ineffective for failing to argue self-defense. The post-conviction court denied relief after finding that trial counsel’s failure to argue self-defense was not deficient and did not prejudice the Petitioner. On appeal, we affirm the post-conviction court’s denial of relief. |
Shelby | Court of Criminal Appeals | |
Horace E. Hollis, Jr. v. State of Tennessee
This appeal of the denial of post-conviction relief is before this court pursuant to remand by the Tennessee Supreme Court, which vacated this court’s August 2015 opinion upholding the post-conviction court’s denial of post-conviction relief because the transcript of the post-conviction hearing was not included in the appellate record. In August 2001, the Petitioner, Horace E. Hollis, Jr., was charged in an eighty (80) count presentment with forty counts of aggravated sexual battery and forty counts of rape of a child. The sexual abuse was committed against the Petitioner’s two minor granddaughters by marriage and, based on the presentment, occurred every other weekend from October 2000 to July 2001. The counts in the presentment were identical except for the victim’s name and date range. Before trial, the Petitioner’s third appointed counsel agreed to sever the counts of the indictment into separate groups of four, one count of rape of a child and one count of aggravated sexual battery for each of the two victims, theoretically resulting in twenty separate trials. The Petitioner was acquitted at his first trial. At his second trial, the Petitioner was convicted of rape of a child and aggravated sexual battery of each victim, for which he received an effective sentence of forty (40) years’ incarceration. Following his second trial, the remaining counts of the presentment were dismissed by the State. Although the Petitioner presents a multitude of issues for our review, we consider his primary issue to be whether third counsel was ineffective in failing to require an election of offenses in his first trial, which resulted in an acquittal. Because there was no election of offenses in his first trial, the Petitioner further contends that third counsel was ineffective in failing to object to his second trial based on double jeopardy principles. Following a thorough review of the record and applicable authority, we affirm the judgment of the post-conviction court. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Victor Sharmell Sparkman
Defendant, Victor Sharmell Sparkman, filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, alleging that he received illegal sentences for his convictions of second degree murder, Range I, 33 years with a release eligibility of “violent 100%” and especially aggravated robbery, Range I, 33 years with a release eligibility of “violent 100%” pursuant to a negotiated plea agreement. The trial court denied the motion without a hearing, and Defendant has appealed. After a thorough review of the record, we affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals | |
Elizabeth Madeline Shelton Bewick v. Robert Kent Bewick
This appeal stems from a divorce proceeding where the wife was awarded a divorce on the ground of adultery. The husband appeals and raises several issues related to the trial court’s division of the marital estate. He also challenges the trial court’s award of alimony in solido to the wife. Having reviewed the record transmitted to us on appeal, we affirm the trial court’s division of the marital estate but vacate the award of alimony and remand for further proceedings consistent with this Opinion. |
Warren | Court of Appeals | |
Montez Adams v. Cherry Lindamood, Warden
The Appellant, Montez Adams, appeals the trial court's summary dismissal of his petition seeking habeas corpus relief. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted. |
Wayne | Court of Criminal Appeals | |
Tornita N. Crenshaw v. State of Tennessee
In 2008, a jury found the Petitioner, Tornita N. Crenshaw, guilty of two counts of aggravated robbery, one count of aggravated burglary, one count of especially aggravated kidnapping, and one count of coercion of a witness. The jury also convicted three co-defendants related to these offenses. On joint direct appeal, this Court affirmed the Petitioner’s convictions. See State v.Lance Sandifer, Stephon Dante Cunningham, Tornita Crenshaw, & Glenard Thorne, No. M2008-02849-CCA-R3-CD, 2010 WL 5343202, at *1 (Tenn. Crim. App., at Nashville, Dec. 21, 2010), perm. app. denied (Tenn. May 26, 2011). On April 11, 2016, the Petitioner filed a petition for a writ of error coram nobis alleging numerous errors. The trial court issued an order on April 25, 2016, dismissing the petition as time-barred. We affirm the trial court’s judgment. |
Davidson | Court of Criminal Appeals |