State of Tennessee v. Bobby Stanley George
Appellant, Bobby Stanley George, was indicted by a Davidson County grand jury for attempted especially aggravated kidnapping; driving while under the influence of an intoxicant (“DUI”), fourth offense; and driving with a revoked license. At trial, he was found guilty of all counts. The trial court sentenced him to eleven years, two years, and six months, respectively, with all sentences to be served concurrently. Following the denial of his motion for a new trial, appellant argues in this appeal that: (1) there was insufficient evidence to support the conviction for attempted especially aggravated kidnapping; (2) the trial court erred in instructing the jury on involuntary intoxication; and (3) the trial court erred in sentencing him to eleven years for attempted especially aggravated kidnapping. Upon our review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
David Andrew Thorneloe v. Cheree Anne Osborne
This case involves a parent’s petition to relocate pursuant to Tennessee Code Annotated § 36-6-108 (2010). The mother, Cheree Anne Osborne (“Mother”), notified the father, David Andrew Thorneloe (“Father”), of her intent to relocate to Wisconsin with the parties’ two children for the purpose of residing with her new husband. Father opposed the relocation. The parties stipulated that they were not spending substantially equal intervals of time with the children. Following a bench trial, the trial court denied Mother’s request to relocate based on Tennessee Code Annotated § 36-6-108(d), finding that the relocation did not have a reasonable purpose and that the relocation would pose a threat of specific and serious harm to the children. The trial court also found that the relocation was not in the children’s best interest. Mother appeals. Discerning no error, we affirm. |
Sullivan | Court of Appeals | |
Frank Ray Baggett v. Anne Marie Baggett
This is the divorce case of Frank Ray Baggett (“Husband”) and Anne Marie Baggett (“Wife”). After eight years of marriage, Wife sued Husband for divorce. The following year, Husband sued Wife for wrongfully excluding him from A&F Computers, a computer sales and repair business. Husband sought his alleged share of the profits from the business, damages, and dissolution of the claimed partnership. By agreement, the two cases were consolidated for trial. The parties stipulated that grounds for divorce exist and the trial court decreed a divorce. Following the hearing, the court classified, valued, and divided the parties’ property. The court determined that A&F was a sole proprietorship and awarded it to Wife. On appeal, Husband challenges the determination and disposition of A&F and the overall property division. He argues that the court’s division is not equitable. We affirm. |
Hamilton | Court of Appeals | |
State of Tennessee v. Dustin Shawn Price
The defendant, Dustin Price, was convicted by a Davidson County Criminal Court jury of first degree felony murder, first degree premeditated murder, two counts of reckless endangerment, and three counts of attempted first degree murder. The two first degree murder convictions were merged, and the defendant received an effective sentence of life plus 40 years in the Department of Correction. On appeal, he argues that the trial court erred by: (1) denying his motion to sever offenses; (2) admitting jail house recordings of his telephone conversations with a Davidson County Jail inmate; (3) allowing the prior testimony of a witness under Tennessee Rule of Evidence 803(26); and (4) ordering consecutive sentencing. Following our review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jordan Mansfield Looper
Appellant, Jordan Mansfield Looper, pleaded guilty to attempted second degree murder, with the length and manner of service of his sentence to be determined by the trial court. The trial court sentenced him to serve twelve years in confinement. On appeal, appellant argues that the trial court erred in its sentencing by using an inapplicable enhancement factor and denying an alternative sentence. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Charles D. Sprunger
This is a forfeiture case. Appellant was convicted of a Class B felony for sexual exploitation of children pursuant to Tennessee Code Annotated Section 39-17-1003. Appellant tendered his home computer to a repair shop. Upon examination of the hard drive, the technician discovered unlawful images and notified local law enforcement. A search warrant was subsequently executed for Appellant’s home, where parts of the computer in question were discovered. After Appellant’s arrest, a forfeiture warrant was executed and, after his mortgage indebtedness was satisfied, proceeds from the sale of Appellant’s real property were forfeited to the State pursuant to Tennessee Code Annotated Section 39-17- 1008. Appellant appeals the forfeiture of these proceeds. Discerning no error, we affirm and remand. |
Cumberland | Court of Appeals | |
Anthony Overton, et al v. Hilda Gay Lowe, et al
This litigation arose out of a family dispute regarding the ownership of a farm of approximately 300 acres. In 1985, Mr. and Mrs. Arlie Overton, who will be referred to collectively as “the parents,” conveyed their interest in the property to their five adult children. The complaint in this case alleges that, at the time of the conveyance, the parents and the children agreed that the children would transfer the property back to the parents upon their request. In 1986, three of the children conveyed their interest in the property to the other two children. In 1999, Novella Overton (“ Mother”) asked the two defendant daughters to transfer the property back. The daughters refused. The parents and the three grantors of the 1986 deed brought suit against the two daughters and a son-in-law, alleging breach of the oral agreement to reconvey. At the close of the plaintiffs’ proof during a jury trial, the court granted the defendants’ motion for a directed verdict as to all claims. We hold that there was material evidence before the jury supporting the claim that there was an oral agreement to transfer the property back to the parents. We further hold that the trial court erred in concluding, as a matter of law, that the 1986 conveyance in some way terminated the oral agreement and extinguished the parents’ claim. Accordingly, we vacate the directed verdict as to the claim of Anthony Overton, Executor of the Estate of Mother. As to the directed verdict with respect to the claims of the plaintiffs Shairon Fay Howard, Derita Kay McCulloch, and Arlie Dennis Overton, we affirm the trial court’s judgment. This case is remanded for further proceedings as to the complaint of the Executor of Mother’s estate. |
Scott | Court of Appeals | |
Glenard Thorne v. State of Tennessee
A Davidson County jury convicted, the Petitioner, Glenard Thorne, of two counts of aggravated robbery, one count of aggravated burglary, two counts of facilitation of aggravated rape, and two counts of especially aggravated kidnapping, and the trial court sentenced him to a fifty-two year effective sentence. This Court affirmed the judgments and sentence on appeal. State v. Lance Sandifer, et. al, 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, 2010). The Petitioner timely filed a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. On appeal, the Petitioner contends that he received the ineffective assistance of counsel at trial. After a thorough review of the record and applicable authorities, we conclude that the post-conviction court did not err when it dismissed the petition. The post-conviction court’s judgment is, therefore, affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Gai D. Kuot
The defendant, Gai D. Kuot, was convicted by a Davidson County Criminal Court jury of premeditated first degree murder, first degree felony murder, and especially aggravated robbery. The court merged the murder convictions and sentenced the defendant to life imprisonment. The court imposed a concurrent sixteen-year sentence on the especially aggravated robbery conviction. On appeal, the defendant argues that: (1) the trial court erred in denying his motion to dismiss for lack of a speedy trial; (2) the trial court erred in admitting, over his objection, hearsay statements of Sammy Sabino; and (3) the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Eric Chamber v. State of Tennessee
On August 21, 2012, Petitioner, Eric Chamber, filed a pro se petition in the Shelby County Criminal Court, seeking post-conviction relief from his convictions for two counts of first degree murder and one count of especially aggravated kidnapping. He was convicted of these offenses in a jury trial, and the convictions were affirmed on appeal. State v. Eric Chambers [sic], No. 02C01-9811-CR-00346, 2000 WL 279645 (Tenn. Crim. App. March 6, 2000). Mandate from this court was issued May 25, 2000. Petitioner asserts that his petition is not barred by the one year statute of limitations because decisions by the United States Supreme Court in March 2012 established “a constitutional right that was not recognized as existing at the time of trial.” The trial court summarily dismissed the petition because it was filed beyond the one year statute of limitations imposed by Tennessee Code Annotated section 40-30-102(a). Petitioner has appealed, and we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Shannon V. Jones v. State of Tennessee
Petitioner, Shannon V. Jones, was convicted by a Lauderdale County jury of one count of facilitation of delivery of a Schedule II controlled substance weighing less than .5 grams and delivery of a counterfeit controlled substance. As a result, he was sentenced as a career offender to twelve years for the facilitation conviction and six years for the delivery of the counterfeit controlled substance conviction. The sentences were ordered to be served concurrently. Petitioner appealed his convictions. See State v. Shannon Jones, No. W2009-01706-CCA-R3-CD, 2010 WL 3619537, at *1 (Tenn. Crim. App., at Jackson, Sept. 17, 2010), perm. app. denied, (Tenn. Feb. 16, 2011). His convictions were affirmed on appeal. Id. Subsequently, Petitioner sought post-conviction relief on the basis of ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. Petitioner filed a timely notice of appeal. After a thorough review of the record and applicable authorities, we affirm the judgment of the post-conviction court because Petitioner has failed to demonstrate that the record preponderates against the post-conviction court’s findings. Accordingly, the judgment of the post-conviction court is affirmed. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Jim George Conaser a.k.a. Jimmy George Conaser-concurring in part and dissenting in part
Although I agree with most of the conclusions set forth in the majority opinion, including that the appellant’s arrest created a break in the events, I respectfully disagree that the evidence is insufficient to support the appellant’s conviction in count 2 for failing to sign the TBI registration form. Therefore, I would affirm both of the appellant’s convictions |
Davidson | Court of Criminal Appeals | |
Ruben Pimentel v. State of Tennessee
On June 3, 2005, Petitioner, Ruben Pimentel, pled guilty to first degree murder and two counts of aggravated arson. He filed a petition for post-conviction relief almost four years later on March 9, 2009. The trial court summarily dismissed the petition because it was filed outside the applicable statute of limitations of one year. On appeal, a panel of this court reversed and remanded the case to the trial court for the appointment of counsel and for a hearing to determine if due process concerns tolled the statute of limitations. See Ruben Pimentel v. State, No. M2009-00668-CCA-R3-PC, 2010 WL 271160 at *2 (Tenn. Crim. App. Jan. 22, 2010). In addition, this court instructed the trial court to determine whether the filing of the petition in 2009 was within the reasonable opportunity allowed by due process tolling of the statute of limitations if due process concerns required a reasonable tolling of the statute of limitations. Id. Upon remand, counsel was appointed, a hearing was held, and the trial court again dismissed the petition, from which order Petitioner appeals pro se, after waiving his right to counsel. After review, we affirm the judgment of the trial court |
Warren | Court of Criminal Appeals | |
State of Tennessee v. James Michael Naive
The defendant, James Michael Naive, appeals his Williamson County Circuit Court conviction of first degree murder, claiming that the trial court erred by denying his motions to suppress both the statement he made to police and his bank records, that the evidence was insufficient to support his conviction, and that the trial court erred by admitting certain witness testimony and by permitting a witness for the State to remain in the courtroom prior to his testimony. In addition, the defendant claims that the prosecutor committed misconduct by impermissibly shifting the burden of proof to the defense during closing argument. Discerning no error, we affirm. |
Williamson | Court of Criminal Appeals | |
Derek Lee White v. State of Tennessee
The Petitioner, Derek Lee White, pled guilty to second degree murder, attempted first degree murder, and two counts of especially aggravated robbery, with an agreed effective sentence of thirty years in the Tennessee Department of Correction. The Petitioner timely filed a petition seeking post-conviction relief, claiming that he had received the ineffective assistance of counsel. The post-conviction court denied the petition after a hearing. On appeal, the Petitioner claims that his attorney failed to: (1) meet with him; (2) fully utilize exculpatory evidence; and (3) hire a private investigator to assist in the defense. After a thorough review of the record, the briefs, and relevant authorities, we affirm the post-conviction court’s judgment. |
Davidson | Court of Criminal Appeals | |
Archie T. Wilson v. State of Tennessee
In 2011, the Petitioner, Archie T. Wilson, pled guilty to attempted aggravated rape and attempted aggravated kidnapping, and the trial court sentenced him to a twenty-year effective sentence. The trial court also ordered that the Petitioner register as a sex offender and be placed on community supervision for life. The Petitioner filed a petition for post conviction relief, which the post-conviction court dismissed after a hearing. On appeal, the Petitioner contends that his guilty pleas were not knowingly and voluntarily entered and that he had received the ineffective assistance of counsel. After a thorough review of the record and applicable authorities, we conclude that the post-conviction court did not err when it dismissed the petition. The post-conviction court’s judgment is, therefore, affirmed. |
Davidson | Court of Criminal Appeals | |
In Re: J.R.P.
This is a parental termination case. The appellant mother bore the child at issue when she was only 13 years old. After the mother turned 18, she was turned out of her mother’s home and moved often. At that point, the Tennessee Department of Children’s Services intervened and the child was eventually placed in foster care. Months later, DCS filed the instant petition to terminate the mother’s parental rights. In the ensuing bench trial, the proof showed that, during an interim between nonconsecutive trial days, the child was removed from his long-term foster placement and placed with a new foster family. The trial court found several grounds for termination and that termination of the mother’s parental rights was in the child’s best interest. The mother now appeals only the best interest determination. We reverse, on the basis that the record does not contain clear and convincing evidence that termination of the mother’s parental rights is in the child’s best interest. |
Rutherford | Court of Appeals | |
Larry Keith Bragg v. Beach Oil Company, Inc., et al.
An employee sustained an injury to his back in the course of his employment on January 1, 2010. After a period of conservative treatment, the employee’s treating physician recommended surgery. The employer’s utilization review provider declined to approve the surgery, and the Medical Director of the Tennessee Department of Labor and Workforce Development affirmed the denial. The employee did not return to work for the employer. On September 1, 2010, the employee went to the emergency room complaining of severe back pain. An MRI revealed a herniated disc in the area of the employee’s spine for which his treating physician had previously recommended surgery. The following day, the employee’s treating physician performed the previously recommended surgery and opined that the herniated disc and surgery were causally related to the employee’s January 1, 2010 work injury. The employer denied that the work injury caused the herniated disc and surgery. The employee filed a workers’ compensation claim in the Chancery Court for Humphreys County. The primary disputed issues at trial were causation and the extent of the employee’s disability. The trial court ruled that the herniated disc was causally connected to the work injury and awarded permanent partial disability benefits of 36% to the body as a whole, as well as medical expenses. The employer appealed. This appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the trial court’s finding that Employee’s September 1, 2010 herniated disc, and the fusion surgery performed as a result of it, were causally related to his January 1, 2010 work injury. We also affirm the trial court’s finding that Employee is not totally and permanently disabled. Because the trial court failed to make the findings required by statute when awarding permanent partial disability benefits of six times the medical impairment rating, we vacate the award of disability benefits and remand to the trial court for additional consideration and appropriate findings on this issue. |
Humphreys | Workers Compensation Panel | |
In Re: Jayden B.H. et al
This is a termination of parental rights case, which was heard by the trial court on January 29, 2013. The trial court entered an order terminating the parental rights of the father, Herman H. (“Father”), on February 1, 2013. Father did not file his notice of appeal until March 11, 2013. Because Father’s notice of appeal was not filed within thirty days of the date of entry of judgment, pursuant to Tennessee Rule of Appellate Procedure 4, it was untimely. We must therefore dismiss Father’s appeal. |
Knox | Court of Appeals | |
State of Tennessee v. Jim George Conaser a.k.a. Jimmy George Conaser
A Davidson County jury convicted the Defendant, Jim George Conaser a.k.a. Jimmy George Conaser, of separate counts of failing to timely register as a sexual offender and of failing to sign a Tennessee Bureau of Investigation (TBI) sexual offender registration form, both Class E felonies. The trial court imposed a consecutive terms of four years for these convictions. On appeal, the Defendant challenges the sufficiency of the evidence, the trial court’s refusal to dismiss count two, the trial court’s failure to merge the counts, the trial court’s jury instructions, and the sentences imposed. Following our review of the record and the applicable authorities, the judgment and four-year sentence in count one are affirmed. However, upon review of count two, we conclude that the evidence is insufficient to support the Defendant’s conviction and, therefore, reverse and dismiss his conviction and sentence as to that count. |
Davidson | Court of Criminal Appeals | |
Aubrey E. Givens, Individually And As Administrator of the Estate of Jessica E. Givens, Deceased v. Hardie V. Sorrels, III, M. D.
This is an appeal from a jury verdict. The plaintiff filed this lawsuit against the defendant physician, claiming that his medical malpractice caused the death of the decedent. The trial court conducted an eight-day jury trial on the plaintiff’s claims. The jury ultimately rendered a verdict in favor of the defendant physician. The plaintiff now appeals, asking this Court to reverse the trial court’s judgment on the verdict on the basis of numerous alleged errors. After careful review of the record, we affirm. |
Wilson | Court of Appeals | |
In re: Kaitlyn B. S. et al.
The Bedford County Juvenile Court terminated the parental rights of the mother of two children on the grounds of failure to support,substantial noncompliance with the permanency plans,and persistence of conditions,and upon the determination that termination of mother’s rights was in the best interests of the children. The father executed a voluntary surrender of parental rights to the children. Mother appeals. Finding the evidence clear and convincing, we affirm. |
Bedford | Court of Appeals | |
State of Tennessee, Ex Rel., Valerie Arlene Law v. Michael Lee Ferrell
This case involves an award of retroactive child support. Approximately seventeen years after the child's birth, the Tennessee Department of Human Services, acting on behalf of the child's Mother, filed a petition in the Sumner County Juvenile Court seeking to establish paternity and to obtain past and future child support from the Father. Genetic testing confirmed that Father was the child’s biological father. Thereafter, the juvenile courtentered an order establishing paternity and ordering Father to pay $574.00 per month in child support. The juvenile court also awarded Mother seven years of retroactive child support totaling $48,216.00. On appeal, both Mother and Father take issue with the amount of the award of retroactive child support. Upon thorough examination, we conclude that the record does not support the amount of the award of retroactive child support. Accordingly, we vacate and remand the case to the juvenile court for further proceedings. |
Sumner | Court of Appeals | |
State of Tennessee v. Billy Lebron Burson
A Hamilton County Criminal Court Jury convicted the appellant, Billy Lebron Burson, of three counts of misdemeanor reckless endangerment, three counts of aggravated assault, and felony reckless endangerment. The trial court merged the misdemeanor reckless endangerment convictions into the aggravated assault convictions and imposed a total effective sentence of six years in the Tennessee Department of Correction, which was to be served consecutively to a federal sentence. On appeal, the appellant challenges the sufficiency of the evidence sustaining his aggravated assault convictions, the sentences imposed, and the trial court’s admission of testimony from the State’s “firearms expert.” Upon review, we affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Darius F.L. Dix
Appellant, Darius F. L. Dix, was indicted in a multi-defendant, multi-count indictment by the Montgomery County Grand Jury for simple possession of marijuana and possession of twenty-six grams or more of cocaine with intent to sell or deliver. After a jury trial, Appellant was convicted of both offenses. As a result, the trial court sentenced Appellant to ten years for the cocaine conviction and eleven months and twenty-nine days for the marijuana conviction, to be served concurrently with each other but consecutively to a sentence in another case for which Appellant was on probation/community corrections at the time of his arrest. Appellant’s ten-year sentence was ordered to be served on probation. Subsequently, Appellant filed a pro se “appeal of verdict” in which he challenged the sufficiency of the evidence. Counsel later filed an untimely motion for new trial. The trial court denied the motion, and Appellant appealed to this Court arguing that the evidence was insufficient to support his conviction for possession of cocaine. After a review of the record and applicable authorities, we determine that there was sufficient evidence presented at trial for the jury to determine that Appellant possessed more than twenty-six grams of cocaine for resale. Accordingly, the judgments of the trial court are affirmed. |
Montgomery | Court of Criminal Appeals |