Mike Dwayne Rahming v. State of Tennessee
The petitioner, Mike Dwayne Rahming, appeals the Davidson County Criminal Court’s summarily dismissal of his petition for post-conviction relief as time-barred. The petitioner pled guilty to Class D felony burglary and received a two-year probated sentence in 2007. In 2011, he filed the instant petition for relief asserting ineffective assistance of counsel. On appeal,hecontends that the post-conviction court’s summary dismissal resulted in a violation of his due process rights. Because the petitioner has failed to establish that the petition was timely filed or that a recognized exception to the statute of limitation applies, we find no error in the post-conviction court’s dismissal. |
Davidson | Court of Criminal Appeals | |
Robin Paul Cagle v. State of Tennessee
Robin Paul Cagle (“the Petitioner”) filed a petition for post-conviction relief from his conviction of aggravated sexual battery, alleging that his guilty plea was constitutionally infirm and that it was entered due to the ineffective assistance of counsel. After a hearing, the post-conviction court denied relief, and this appeal followed. Upon our careful review of the record and relevant authorities, we affirm the judgment of the post-conviction court. |
Dyer | Court of Criminal Appeals | |
Darryl Thompson v. Sate of Tennessee
The petitioner, Darryl Thompson, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief. The petitioner, pursuant to a negotiated plea agreement, pled guilty to second degree murder, a Class A felony, and was sentenced as a Range II offender to a term of forty years. On appeal, he contends that his guilty plea was not knowingly and voluntarily entered due to the ineffective assistance of counsel. Specifically, the petitioner contends that trial counsel was ineffective by failing to properly advise him of the consequences of pleading outside his range. Following careful review of the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Douglas Emory Carlton
Douglas Emory Carlton (“the Defendant”) appeals his jury conviction for burglary. On appeal, he asserts that the trial court erred in denying his motion to suppress his statement made to police officers. He also alleges that the evidence presented at trial was insufficient to support his conviction. After a thorough review of the record and the applicable law, we affirm the Defendant’s conviction. |
Weakley | Court of Criminal Appeals | |
Tony Chandler v. State of Tennessee
In 2005, the Petitioner, Tony Chandler, pled guilty to two counts of aggravated burglary, two counts of theft under $500, two counts of aggravated robbery, evading arrest in a motor vehicle, and burglary. For these convictions, the trial court sentenced him to an effective sentence of sixteen years. In 2011, the Petitioner filed a petition for post-conviction relief and for a writ of error coram nobis. The State filed a motion to dismiss because the petition was untimely filed. The post-conviction court dismissed the petition, finding that the petition was untimely filed. On appeal, the Petitioner contends the post-conviction court erred when it dismissed his petition without a hearing. Following our review of the record and the law, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
Shaun Danielle Stafford v. State of Tennessee
The Petitioner, Shaun Danielle Stafford, appeals the Bradley County Criminal Court’s denial of her petition for post-conviction relief from her conviction of selling more than .5 grams of methamphetamine and resulting sentence of fifteen years as a Range II, multiple offender. On appeal, she contends that she received ineffective assistance of counsel and that her guilty plea was rendered involuntary by the ineffective assistance of counsel. Based upon our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee ex rel. Robin Lipski v. Jerry Burkes
The order from which the appellant, Jerry Burkes, seeks to appeal was entered on Monday, October 24, 2011. A notice of appeal was filed by the appellant on Monday, November 28, 2011, the 35th day following the entry of the trial court’s order. Because the notice of appeal was not filed timely, we have no jurisdiction to consider this appeal. Accordingly, this appeal is dismissed. |
Greene | Court of Appeals | |
Elsie Renee Braswell v. Randy Bernard Braswell, Sr.
The order from which the appellant, Randy Bernard Braswell, Sr., seeks to appeal was entered on Wednesday, April 18, 2012. A notice of appeal was filed by the appellant on Friday, June 29, 2012, the 72nd day following the entry of the trial court’s order. Because the notice of appeal was not filed timely, we have no jurisdiction to consider this appeal. Accordingly, this appeal is dismissed. |
Hamilton | Court of Appeals | |
In Re: Vysin C.G., Urrye E.G. and Zyren M.G.
The trial court terminated Mother’s parental rights based on abandonment for the failure to visit or support. On appeal, Mother asserts the trial court erred by determining that her failure to visit or support her children was willful. We affirm. |
Sevier | Court of Appeals | |
Leon Flannel v. State of Tennessee
The petitioner, Leon Flannel, appeals the denial of his petition for post-conviction relief. The petitioner was convicted by a jury of one count of murder in the perpetration of a theft and one count of premeditated murder; the convictions were merged, and the petitioner was sentenced to imprisonment for life. After the denial of his direct appeal, the petitioner filed a petition for post-conviction relief, asserting ineffective assistance of counsel. Specifically, the petitioner urges that, because he expressed his dissatisfaction with his trial counsel prior to trial, his trial counsel should have withdrawn. The trial court found no deficiency in the petitioner’s trial counsel’s performance and no resulting prejudice. After a thorough review of the petitioner’s claim, we affirm. |
Shelby | Court of Criminal Appeals | |
Gerraldo White v. State of Tennessee
The petitioner, Gerraldo White, appeals the denial of his petition for post-conviction relief. The petitioner asserts that the post-conviction court erred in dismissing his petition without appointing an attorney to represent him, without holding an evidentiary hearing on the issues raised, and without allowing him an opportunity to respond to the State’s brief opposing his petition. After a thorough review of the record, we conclude that the petitioner has asserted no colorable claim to relief, and we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
In the Matter of: Jonathan S. C-B
The mother of a five year old boy alleged that the boy’s father had sexually abused him, and she petitioned the juvenile court to have the father’s visitation privileges revoked. After a long course of proceedings that included an investigation by the Department of Children’s Services, testimony by a number of mental health professionals, and a report by the guardian ad litem, the court concluded that the Mother’s allegations were unfounded, that her hostility against the father was having a detrimental effect on the child, and that it was in the child’s best interest that the father be named as the child’s primary residential parent in place of the mother. The mother raises numerous procedural issues on appeal, and she also contends that her allegations of abuse against the father were true, or at the very least that she had a good faith belief in their truth. Having carefully considered the mother’s allegations and her arguments, we affirm the trial court. |
Davidson | Court of Appeals | |
Cheyenne Duffer v. Keystops, LLC
This appeal arises out of a personal injury suit, wherein the plaintiff and Dewayne Duffer filed suit against a trucking company for injuries suffered in an accident and for loss of consortium as a result of the accident. Plaintiff’s employer intervened to recover worker’s compensation benefits paid to plaintiff. Soon thereafter, the trucking company discovered that plaintiff was male, had filed the action using an assumed female identity, and had lied throughout the discovery process. The trucking company filed a motion for summary judgment. The court granted the motion and dismissed plaintiff’s and employer’s complaints,finding that plaintiff had committed a fraud upon the courtand thatemployerhad failed to file suitwithin the applicable statute of limitations because plaintiff’scomplaintwas rendered void ab initio. Plaintiff and employer appeal. We affirm the dismissal of plaintiff’s complaint but reverse the dismissal of employer’s complaint. |
Davidson | Court of Appeals | |
Tony Williams et al. v. Tennessee Farmers Life Reassurance Company et al.
This action was filed after the defendant, a life insurance company, denied payment of benefits on the grounds that the decedent/insured made material misrepresentations in her application for life insurance. The specific basis for the denial was that the insured allegedly failed to disclose “methadone treatment for a narcotic addiction.” The trial court found there was no proof that the insured was taking methadone at the time of the application or that she was ever treated for “drug related problems.” On this basis, the trial court concluded the insured did not make anymisrepresentations in her application for life insurance and ordered the defendant to pay the death benefit plus pre-judgment interest. We affirm. |
Hamilton | Court of Appeals | |
In Re: K. B. Ronald Lynn Brewer, Jr., et al. v. Ronald Lynn Brewer, Sr., et al.
This is a termination of parental rights case. The trial court concluded that it was in the best interests of the child to terminate Mother’s parental rights on the ground of severe child abuse. On appeal, the sole issue presented by Mother is whether the trial court erred in determining that termination of her parental rights was in the best interests of the child. After thoroughly reviewing the record, we affirm. |
Rutherford | Court of Appeals | |
Edward G. rochelle v. Grange Mutual Casualty Company, et al.
This appeal results from the grant of summary judgment in favor of Appellee insurance company. Appellee denied Appellant’s claim for fire loss on the ground that Appellant made material misrepresentations in the application for insurance. The trial court determined that Appellant took contradictory positions in his examination under oath and in his discovery deposition on the question of whether his application for insurance was completed when he signed it, or whether he signed it in blank before it was completed by the insurance agent. The trial court determined that Appellant’s inconsistent statements were not effective to create a dispute of material fact for purposes of summary judgment. We conclude that the motion for summary judgment was improperly granted. Reversed and remanded. |
Humphreys | Court of Appeals | |
Ashley D. Ramsay v. Starlett J. Custer
In this case, the Trial Court initially granted plaintiff a default judgment against the defendant, and set a trial on the issue of damages. Defendant was given notice of the subsequent hearing, and defendant's attorney moved to set aside the default judgment, which the Trial Court granted and dismissed plaintiff's case. Plaintiff has appealed. We affirm the Judgment of the Trial Court. |
Rutherford | Court of Appeals | |
State of Tennessee v. Christopher Hembrook
Defendant, who was arrested for DUI and subsequently refused to submit to a blood test, appeals the revocation of his driver’s license, contending that he was not properly informed of the consequences of refusal to take the test. We hold that the defendant was adequately advised under the circumstances presented and affirm the judgment of the trial court. |
Van Buren | Court of Appeals | |
In Re James Preston Hess, IV
This is an appeal from an order appointing a conservator for the adult son of divorced parents. The father contends that the evidence does not support the determinations that the son lacks the capacity to fully attend to his needs without assistance and that the appointment of a conservator is warranted; Mother contends that the father does not have standing to appeal. We affirm the court in all respects. |
Williamson | Court of Appeals | |
Robert Jason Burgess v. State of Tennessee
The Petitioner, Robert Jason Burgess, appeals from the Marshall County Circuit Court’s denial of post-conviction relief from his convictions for two counts of rape and two counts of possession with intent to sell a controlled substance, for which he is serving an effective twenty-six-year sentence. On appeal, the Petitioner contends that he did not receive the effective assistance of counsel. He also contends that the trial court erred in treating his letters as a petition for post-conviction relief. We affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
Wade Robinson, et al v. State of Tennessee
Wade Robinson and Melanie Robinson (“Plaintiffs”) sued the State of Tennessee (“State”) regarding a motor vehicle accident that resulted in the death of Plaintiffs’ son, Zachary L. Robinson. After a bench trial, the Trial Court entered its judgment finding and holding, inter alia, that the State had not violated Tenn. Code Ann. § 9-8-307(a)(1)(I) or § 9-8-307(a)(1)(J), and that the actions of Zachary L. Robinson were the sole proximate cause of the accident. We find and hold that the evidence preponderates against the Trial Court’s findings that the State did not violate Tenn. Code Ann. § 9-8-307(a)(1)(I), that the State did not violate Tenn. Code Ann. § 9-8-307(a)(1)(J), and that Zachary L. Robinson was the sole proximate cause of the accident. We find and hold that Zachary L. Robinson was 50% at fault for the accident and that the State was 50% at fault for the accident. |
Knox | Court of Appeals | |
Rebecca W. Ford v. State of Tennessee
Rebecca W. Ford (“Plaintiff”) sued the State of Tennessee (“State”) regarding a motor vehicle accident that resulted in the death of Plaintiff’s daughter, Lynsey M. Ford. After a bench trial, the Trial Court entered its judgment finding and holding, inter alia, that the State had not violated Tenn. Code Ann. § 9-8-307(a)(1)(I) or § 9-8-307(a)(1)(J), and that the actions of Zachary L. Robinson were the sole proximate cause of the accident. Plaintiff appeals to this Court. We reversed the Trial Court’s judgment as to Zachary L. Robinson being solely at fault, and held that the State was 50% at fault for the Accident in our Opinion in Robinson v. State, docket No. E2011-01540-COA-R3-CV (“Robinson v. State”), released contemporaneously with this Opinion. We, therefore, remand this case to the Trial Court for the calculation of damages awarded to Plaintiff from the State for the death of Lynsey M. Ford. |
Knox | Court of Appeals | |
State of Tennessee v. Derrick Keith Walker
The Hamilton County Criminal Court grand jury charged the defendant, Derrick Keith Walker, with one count of attempt to commit the premeditated first degree murder of the victim, Charles Vandergriff, and one count of the aggravated assault of the victim. The defendant and the State entered into a plea agreement calling for dismissal of the attempted murder count and a plea of guilty to aggravated assault, a Class C felony, with a six-year Range I sentence to be served as 11 months and 29 days in confinement followed by supervised probation. The agreement provided for the defendant to pay $13,000 in restitution at the rate of $175 per month beginning on March 15, 2010. On December 17, 2009, the trial court entered a judgment that implemented the terms of the plea agreement. In August 2011, the State obtained a probation violation warrant claiming that the defendant garnered new arrests and had failed to pay restitution. Following a revocation hearing, the trial court revoked the defendant’s probation and ordered him into confinement to serve the balance of his sentence. In this appeal, the defendant claims that the trial court erred by revoking the probation and by ordering him to fully serve his original sentence. Because the record supports the order of the trial court, we affirm the order. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Jason Peter Meeks
The Defendant, Jason Peter Meeks, was convicted of driving under the influence (DUI), violating the implied consent law, and leaving the scene of an accident, all misdemeanor offenses. The Defendant appeals pursuant to Rule 3, Tennessee Rules of Appellate Procedure, contending that he should be granted a new trial because the State failed to record his trial. We disagree with the Defendant’s claim and affirm the judgments of the trial court. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Glenda Nash Clemmons
The appellant, Glenda Nash Clemmons, pled guilty in the Marion County Circuit Court to failure to appear in case numbers 8109 and 8721. In case number 8109, the trial court sentenced her to two years to be served as sixty days in jail and one year, ten months in community corrections. In case number 8271, the trial court sentenced her to three years to be served in community corrections and consecutively to the two-year sentence in case number 8109. Subsequently, the trial court revoked her community corrections sentences and ordered her to serve her effective five-year sentence in confinement. The appellant contends that the trial court erred by revoking her community corrections sentences and ordering her to serve her original sentences in confinement. She also contends that she did not receive all the jail credits to which she was entitled. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Marion | Court of Criminal Appeals |