Lewis D. Chapman, Individually and as an Employee and Deputy Sheriff of Shelby County, Tennessee v. Shelby County Government, et al.
The trial court determined that Plaintiff had failed to demonstrate an injury and accordingly lacked standing in this declaratory judgment action. We reverse and remand for further proceedings. |
Shelby | Court of Appeals | |
Sidney Porterfield v. State of Tennessee
The petitioner, Sidney Porterfield, was convicted of first degree murder and sentenced to death. His conviction and sentence were affirmed on direct appeal. See State v. Porterfield, 746 S.W.2d 441 (Tenn. 1988). After his petition for post-conviction relief was denied, the petitioner filed a motion to reopen post-conviction proceedings, maintaining that he was intellectually disabled and thus ineligible to be sentenced to death. Following an evidentiary hearing, the post-conviction court denied the petitioner relief, and the petitioner appealed. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Herman McKinley
The defendant, Herman McKinley, was found guilty by a Shelby County jury of second degree murder, attempted first degree murder, two counts of aggravated assault with a deadly weapon, employing a firearm during the commission of a dangerous felony, and unlawful possession of a handgun as a convicted felony. Following a sentencing hearing, he was sentenced to an effective term of one hundred thirty-one years in the Department of Correction. On appeal, he challenges the sufficiency of the convicting evidence and the imposition of consecutive sentencing. Following review of the record, we affirm the convictions and sentences as imposed. |
Shelby | Court of Criminal Appeals | |
Tera Danielle Ward v. John Patrick Ward
In this divorce case, the father appeals the trial court’s designation of the mother as the primary residential parent of the parties’ daughter. The child was born after the parties separated; at the time, the father lived in New Jersey and the mother lived in Tennessee. Divorce proceedings were initiated in Tennessee when the child was six months old; both parents asked to be designated as the child’s primary residential parent. After a trial, the trial court declared the parties divorced and designated the mother as the child’s primary residential parent; the father was granted parenting time for one week per month. The father now appeals, challenging the trial court’s decision to declare the parties divorced and to designate the mother as the child’s primary residential parent. After a careful review of the evidence, we affirm the trial court’s decision to declare the parties divorced, and reverse the designation of the mother as the primary residential parent of the child. We vacate the parenting plan approved by the trial court and remand the cause for entry of an order and parenting plan designating the father as the child’s primary residential parent, with appropriate alternate parenting time for the mother. |
Montgomery | Court of Appeals | |
State of Tennessee v. Michael T. Shelby
In this State appeal, the Defendant, Michael T. Shelby, was indicted for promoting the manufacture of methamphetamine, possession of methamphetamine, and possession of drug paraphernalia. The Defendant filed a motion to suppress, claiming the search warrant lacked probable cause. After a suppression hearing, the trial court granted the Defendant’s motion to suppress, finding that the search warrant was legally defective, and suppressed the evidence seized pursuant to the warrant. The State appeals, contending that the trial court erred when it granted the Defendant’s motion to suppress because the informant provided sufficiently reliable information upon which the warrant could be properly issued. After a thorough review of the record and applicable authorities, we reverse the judgment of the trial court and remand the case for further proceedings consistent with this opinion. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Karen Jo Williams
Appellant, Karen Jo Williams, entered guilty pleas to forgery, two counts of theft of property valued at $500 or less, and violation of an order of protection. Pursuant to the plea agreement, the trial court imposed an effective four-year sentence to be served in community corrections and ordered the sentence to be served consecutively to a probationary sentence from Kentucky that she was serving at the time. Subsequently, the trial court held a revocation hearing, after which it revoked appellant’s community corrections sentence and ordered execution of her four-year sentence in the Tennessee Department of Correction. Appealing the trial court’s judgment, appellant raises the following issues: (1) whether a community corrections revocation warrant alleging violation of a direct order was valid when appellant’s Tennessee sentence had not yet begun; (2) whether an amended warrant alleging a new criminal conviction was invalid; and (3) whether the trial court abused its discretion in revoking her unserved community corrections sentence and ordering execution of her full sentence. Following our review, we affirm the judgment of the trial court. |
Sumner | Court of Criminal Appeals | |
Willie Beverly, Deacon of Antioch Baptist Church v. Farm Bureau Insurance and Tennessee Farmers Insurance Company
A general sessions judgment was appealed to circuit court. In the circuit court, the Plaintiff filed a motion to dismiss the appeal, claiming that there were errors in the Defendant’s notice of appeal and appeal bond that rendered the documents ineffective. The circuit court denied the motion, and the case was resolved on its merits. The Plaintiff appeals, arguing that the circuit court should have dismissed the appeal based on the alleged errors in the notice of appeal and appeal bond. We affirm. |
Haywood | Court of Appeals | |
Richard Randall v. Shelby County Unified School Board (inclusive of the former Memphis City Schools Board of Education), et al.
The trial court reversed the Board of Education’s decision to dismiss a City of Memphis school teacher. We reverse the trial court and reinstate the Board of Education’s dismissal of the teacher on the ground of unprofessional conduct. |
Shelby | Court of Appeals | |
State of Tennessee v. Justin E. Stinnett
The Defendant-Appellant, Justin E. Stinnett, appeals from the Sevier County Circuit Court’s order revoking his probation. Stinnett previously entered a guilty plea to robbery and received a ten-year suspended sentence after service of one year “day for day.” On appeal, Stinnett argues that the trial court erred in revoking his probation. Upon review, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Terry Michael Allen
The Defendant-Appellant, Terry Michael Allen, was indicted by a Hickman County Grand Jury for delivery of a Schedule III controlled substance, a Class D felony. See T.C.A. § 39-17-417 (2010). Pursuant to his plea agreement, Allen entered an open guilty plea to the charged offense in exchange for a sentence of two years as a Range I, standard offender, with the manner of service of the sentence to be determined by the trial court. The trial court subsequently ordered Allen to serve his sentence of two years in the Tennessee Department of Correction. On appeal, Allen argues that the trial court erred in denying him a sentence of full probation or an alternative sentence. Upon review, we affirm the judgment of the trial court. |
Hickman | Court of Criminal Appeals | |
Ramey Michelle Long v. Greyhound Lines, Inc. et al.
Motorist brought suit against multiple defendants for injuries arising out of two car accidents. The trial court granted summary judgment in favor of two defendants. Because genuine issues of material fact preclude summary judgment, we reverse. |
Hickman | Court of Appeals | |
State of Tennessee v. Casey Colbert
Casey Colbert (“the Defendant”) was convicted by a jury of first degree felony murder; attempted aggravated robbery; employing a firearm during the commission of a dangerous felony; two counts of bribing a witness; and two counts of coercing a witness. The trial court sentenced the Defendant to life imprisonment for the murder conviction. After a hearing, the trial court merged the two convictions for coercing a witness into a single conviction and sentenced the Defendant to six years for the attempted aggravated robbery conviction; six years for the firearm conviction; six years for each of the bribery convictions; and four years for the coercion conviction. The trial court ordered partial consecutive service for an effective sentence of life plus twenty-two years, all to be served in the Tennessee Department of Correction. In this direct appeal, the Defendant contends that (1) the evidence is not sufficient to support his murder conviction; (2) the trial court erred in consolidating the offenses against the witness with the other offenses; (3) the prosecutor engaged in improper argument; (4) cumulative errors entitle him to a new trial; and (5) his sentence is excessive. Upon our thorough review of the record and the applicable law, we hold that the trial court committed error in consolidating the indictments. As to the Defendant’s convictions of first degree murder and attempted aggravated robbery, we hold that the trial court’s error was harmless. As to the Defendant’s convictions for bribing and coercing a witness, we hold that the error was not harmless. Accordingly, we reverse the Defendant’s convictions of bribing and coercing a witness and remand those charges for further proceedings. Because the Defendant did not employ a firearm during the commission of a “dangerous felony,” as that term is defined by statute, we reverse the Defendant’s conviction of that offense. We affirm the Defendant’s convictions of first degree felony murder and attempted aggravated robbery, and we remand this matter for a new sentencing hearing on those offenses. |
Shelby | Court of Criminal Appeals | |
Tony Arness Degraffreed v. State of Tennessee
The petitioner, Tony Arness Degraffreed, appeals from the denial of his petition for post conviction relief, wherein he challenged his Tipton County Circuit Court jury conviction of rape of a child. In this appeal, he contends that he was denied the effective assistance of counsel. Discerning no error, we affirm. |
Tipton | Court of Criminal Appeals | |
Franda Webb, et al. v First Tennessee Brokerage, Inc., et al.
In this appeal, we are asked to determine whether the trial court properly denied the defendants’ motion to compel arbitration and to stay proceedings. The defendants assert that Ms. Webb signed an agreement to arbitrate “all controversies” when she opened the brokerage account with them. The trial court determined, inter alia, that the arbitration agreement was not enforceable under state law, that Ms. Webb did not agree to arbitration, and that the account representative fraudulently induced Ms. Webb to enter into the agreement. We affirm the decision of the trial court only as to arbitration; we vacate any findings that go to the merits of the underlying case and remand for further proceedings. |
Knox | Court of Appeals | |
State of Tennessee v. Paul Robert Carrier, Jr.
Appellant, Paul Robert Carrier, Jr., who was a police officer, was indicted by the Gibson County Grand Jury for one count of reckless homicide for a shooting death that occurred while he was on duty. Following a change of venue, he was tried by a jury in Montgomery County. The jury convicted him as charged. The trial court sentenced Appellant to two years incarceration and denied his request for judicial diversion. On appeal, Appellant argues that the trial court erred in allowing certain testimony at trial and in denying his request for judicial diversion. After a thorough review of the record, we conclude that the trial court did not err and affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
In the Matter of: Jozie C.A.
The trial court granted Mother’s petition to modify custody and name Mother primary residential parent. We affirm. |
Madison | Court of Appeals | |
James Gibbs v. State of Tennessee
James Gibbs (“the Petitioner”) filed a petition for writ of habeas corpus, alleging that the trial court erred in not giving him his proper community corrections credit. The habeas corpus court dismissed his petition without a hearing, stating that the Petitioner failed to allege a cognizable claim for habeas corpus relief and that he failed to establish that his sentence had expired. The Petitioner now appeals. After a thorough review of the record and the applicable law, we hold that the Petitioner has failed to demonstrate that his sentence has expired. Accordingly, we affirm the habeas corpus court’s judgment denying relief. |
Lauderdale | Court of Criminal Appeals | |
Timothy O'Keefe and Sharon O'Keefe v. Barry Gordon, Roger Farley, and Plantation Title
Purchasers of home brought suit against sellers, purchasers’ investment advisor and real estate agent,title company,and several other parties seeking damages and other relief arising out of their purchase of the home. Jury found seller liable for intentional and negligent misrepresentation, negligence, breach of warranties, and violation of the Tennessee Consumer Protection Act and found purchasers’ investment advisor liable for intentional misrepresentation. Trial court ordered rescission of the sales contract and awarded purchasers damages and attorneys fees for seller’s violation of the Consumer Protection Act Seller and awarded plaintiffs damages against their investment advisor. Seller and investment advisor appeal. Finding no error, we affirm. |
Hickman | Court of Appeals | |
State of Tennessee ex rel Paul Allen, et al v. The City of Newport
The City of Newport sought to annex certain properties in Cocke County, Tennessee. A number of affected parties objected to the annexation and filed a complaint against the City. The trial court allowed the plaintiffs to amend their complaint to allege that the City was barred from annexing their properties because it had defaulted on a prior plan of services from an earlier annexation. The City filed a motion to dismiss. The trial court granted the City’s motion on the ground that the statutory amendments on which the plaintiffs relied to support their claim could not be retroactively applied. The plaintiffs appeal. We reverse the judgment of the trial court. |
Cocke | Court of Appeals | |
State of Tennessee v. Brandon L. Kirk
The Defendant, Brandon L. Kirk, contends (1) that the evidence presented at trial is insufficient to sustain his jury conviction for attempted second degree murder and (2) that the effective twenty-two year sentence imposed by the trial court is inconsistent with the purposes and principles of sentencing because the trial court failed to state the facts it considered in mitigation and to make the requisite findings to impose consecutive sentencing. After our review of the record and the applicable authorities, we affirm the judgments of the trial court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Lesergio D. Wilson
The defendant, Lesergio D. Wilson, appeals his Davidson County Criminal Court convictions of felony murder and especially aggravated robbery, claiming that the trial court erred by denying his motions to suppress both the statement he made to police and the evidence seized in his traffic stop, that the evidence was insufficient to support his convictions, and that the trial court erred by ordering consecutive service of his sentences. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
Chauncey Moore v. State of Tennessee
Petitioner, Chauncey Moore, was indicted by a Davidson County Grand Jury for one count of attempting to commit premeditated murder and one count of employing a firearm during the commission of a dangerous felony. He entered a guilty plea to the lesser included offense of attempt to commit manslaughter and employing a firearm during the commission of a dangerous felony. Pursuant to the plea agreement, Petitioner was sentenced to two years at thirty percent for the attempt to commit voluntary manslaughter conviction and six years at 100 percent for the employing a firearm during the commission of a dangerous felony conviction. Petitioner subsequently filed a petition for post-conviction relief arguing that he was afforded ineffective assistance of counsel and that he entered his guilty plea unknowingly and involuntarily. After a thorough review of the record, we conclude that Petitioner has failed to prove any of his allegations that counsel’s representation was ineffective and that his plea was entered knowingly and voluntarily. Therefore, we affirm the post-conviction court’s denial of the petition. |
Davidson | Court of Criminal Appeals | |
In Re: Jakaeha A. L., et al
This is a parental rights termination appeal. The Department of Children’s Services petitioned to terminate the parental rights of the mother to her daughters, ages 2 three and one. The ground alleged was severe child abuse against a half sibling for which the mother was sentenced to more than two years imprisonment. After conducting a hearing, the trial court terminated the mother’s parental rights pursuant to Tennessee Code Annotated section 36-1-113(g)(4) and (5) upon finding that termination was in the best interest of the children. The mother appeals. We affirm. |
Knox | Court of Appeals | |
State of Tennessee v. Quincy D. Moutry, Alias
The Defendant, Quincy D. Moutry, alias, was convicted by a jury of multiple offenses arising from a carjacking in March of 2008. He received an effective twenty-seven-year sentence for those convictions. In this direct appeal, the Defendant argues that the trial court erred by allowing the State to amend the date of the offenses alleged in the presentment after the jury had been sworn. Following our review of the record and the applicable authorities, the judgments are affirmed. |
Knox | Court of Criminal Appeals | |
Patrick Devin Camp v. State of Tennessee
The Petitioner, Patrick Devin Camp, appeals as of right from the Sullivan County Criminal Court’s denial of his petition for post-conviction relief. Pursuant to the terms of a negotiated plea agreement, the Petitioner pled guilty to second degree murder, especially aggravated robbery, and especially aggravated kidnapping and received an effective sentence of forty years. On appeal, the Petitioner challenges the voluntariness of his guilty plea and the performance of trial counsel. Specifically, the Petitioner contends that he received the ineffective assistance of counsel, leading to an involuntary plea, because trial counsel (1) failed to adequately communicate with him; (2) failed to inform him of State v. Dixon, 957 S.W.2d 532 (Tenn. 1997), due process issues; (3) failed to inform him of the factors involved in a consecutive sentencing determination; (4) failed to properly investigate the case; (5) failed to assess his mental status; (6) “abandoned” the Petitioner’s request to withdraw the plea; and (7) “never intended to fully represent [the Petitioner].” Following our review, we affirm the judgment of the post-conviction court. |
Sullivan | Court of Criminal Appeals |