State of Tennessee v. Tavarus Detterio Griffin
Following a jury trial, Defendant, Tavarus Detterio Griffin, was convicted of two counts of aggravated robbery and two counts of aggravated kidnapping. The trial court imposed an effective sentence of twenty years. Judgments of conviction were entered on October 2, 2008. An untimely motion for new trial was filed on January 30, 2009. On May 12, 2009, the trial court entered an order purporting to deny the motion for new trial, rather than dismissing the untimely motion as requested in a written response filed by the State. An untimely notice of appeal was filed May 12, 2009. Defendant, through counsel, has raised only two issues on appeal: (1) whether Defendant was denied his right to due process and a fair trial because the jury pool was allowed to see Defendant in the courtroom wearing jail clothing and restrained by leg irons and handcuffs; and (2) whether counsel who represented Defendant throughout the trial and sentence hearing (who is not the same counsel who filed the motion for new trial) rendered ineffective assistance of counsel. Because the only issues raised on appeal are waived as a result of not being included in a timely-filed motion for new trial, we conclude that this is not a case where timely filing of the notice of appeal should be waived. Accordingly, Defendant’s appeal is dismissed. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Maximo Marin In Re: E-Z Out Bail Agency
The defendant, Maximo Marin, failed to appear for his scheduled court date, and a conditional forfeiture was issued against E-Z Out Bail Agency in the amount of $100,000. With the final forfeiture date rapidly approaching, E-Z Out Bail Agency filed a motion to extend the final forfeiture date. The issue on appeal is whether the trial court abused its discretion in denying the motion to extend the final forfeiture date. We conclude the trial court did not abuse its discretion and affirm the judgment from the trial court. |
Henderson | Court of Criminal Appeals | |
Torrez Talley v. State of Tennessee
Petitioner, Torrez Talley, appeals the dismissal of his petition for post-conviction relief in which he alleged that he received ineffective assistance of trial counsel because counsel failed to sufficiently argue the standard of reasonable doubt during closing argument. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel and affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Phillip Wayne Flowers
The defendant, Phillip Wayne Flowers, who pled guilty to one count of sexual battery, a Class E felony, and was sentenced to one year on community corrections, appeals the trial court’s denial of his motion to withdraw his guilty plea. After review, we affirm the judgment of the trial court. |
Gibson | Court of Criminal Appeals | |
Christine Heyne, et al. v. Metropolitan Nashville Board of Public Education
This is a common law writ of certiorari review of a student’s ten-day suspension for a violation of the Student-Parent Code of Conduct for reckless endangerment. The student was suspended by the school principal following an incident where he drove his vehicle toward a group of students resulting in injury to one student. The suspension was appealed to a disciplinary panel, then to a discipline administrator, and lastly to the school board. The suspension was upheld at each level. Thereafter, this petition for common law writ of certiorari was filed. The trial court found that the suspended student’s due process rights were violated by the failure to provide an impartial panel and that the decision was arbitrary as it was not supported by the evidence. The court also awarded the petitioners their attorneys’ fees pursuant to 42 U.S.C. § 1983. We reverse finding the student’s due process rights were not violated and that the decision was not arbitrary because it is supported by material evidence. |
Davidson | Court of Appeals | |
State of Tennessee v. Walter Odell Savage
The Defendant, Walter Odell Savage, pled guilty to three counts of sale of . 5 grams or more of cocaine, a Class B felony. See Tenn. Code Ann. § 39-17-417. The trial court sentenced the defendant to an effective ten-year sentence to be served in confinement. In this appeal as of right, the Defendant contends that the trial court erred by ordering his sentence served in confinement. Following our review, we affirm the judgments of the trial court. |
Court of Criminal Appeals | ||
State of Tennessee v. Antonio T. Smith
In Hamilton County, Appellant, Antonio T. Smith, pled guilty to one count of possession of less than .5 grams of cocaine for resale and one count of attempted possession of contraband in a penal facility. The trial court sentenced him to an effective sentence of eight years to be served on probation. Subsequently, a probation violation report was filed, and the trial court held a hearing. At the conclusion of the hearing, the trial court revoked Appellant’s probation and ordered him to serve his six-year sentence in confinement and his remaining two-year sentence on probation. Appellant appeals the revocation of his probation. He argues that the trial court abused its discretion in revoking his probation because the testimony of the arresting officers was not credible. He also claims the trial court erred in denying his request for a mental evaluation. After a thorough review of the record, we conclude that the trial court did not abuse its discretion. Therefore, we affirm the decision of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Michael C. Bennett
A Grainger County Circuit Court jury convicted the appellant, Michael C. Bennett, of aggravated burglary, a Class C felony, and theft of property valued one thousand dollars or more but less than ten thousand dollars, a Class D felony. After a sentencing hearing, the trial court sentenced him as a Range III, persistent offender to fifteen years for the aggravated burglary conviction and twelve years for the theft conviction. The sentences were to be served concurrently. On appeal, the appellant contends that the trial court’s failure to rule on his pretrial motion to prohibit the State from impeaching him with prior convictions pursuant to Rule 609, Tennessee Rules of Evidence, affected his right to a fair trial. The State contends that the issue is waived. Based upon the record and the parties’ briefs, we conclude that the appellant waived the issue and affirm the judgments of the trial court. |
Grainger | Court of Criminal Appeals | |
Margo Freshwater v. State of Tennessee
The petitioner, Margo Freshwater, was convicted of first degree murder and sentenced by the jury to imprisonment for 99 years. In 1970, she escaped from the Tennessee Prison for Women and was at large until 2002, when she was arrested in Columbus, Ohio, and returned to Tennessee to resume service of her sentence. She filed a petition for writ of error coram nobis which twice has been remanded to the trial court. The main issue in this appeal is whether the State withheld from the petitioner’s counsel the statement of Johnny Box that the petitioner’s co-defendant told him that he had been the lone shooter of the victim, which, had it been revealed to her counsel, more probably than not, according to the petitioner, would have resulted in a different judgment. Following our review, we concur with the argument of the petitioner in this matter. Accordingly, we reverse the petitioner’s conviction for first degree murder and remand for a new trial. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jason R. McCallum
The defendant, Jason R. McCallum, was convicted by a Dyer County Circuit Court jury of the sale of more than 0.5 grams of a Schedule II controlled substance, methamphetamine, within 1000 feet of a school, a Class A felony. He was sentenced to eighteen years as a Range I offender. On appeal, he challenges the sufficiency of the convicting evidence. After review, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
Nabeeh Jameel Mateen v. State of Tennessee
The petitioner, Nabeeh Jameel Mateen, appeals the denial of his petition for post-conviction relief from his especially aggravated robbery conviction, arguing that he received the ineffective assistance of counsel. Following our review, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
David Macklin v. Dollar General Corporation, d/b/a Dollar General Store #2311
This is a premises liability case. The plaintiff slipped and fell on a clear liquid at the defendant’s store. The defendant moved for summary judgment arguing it did not have a reasonable opportunity to clean the floor, warn the customer of the clear liquid, or take adequate precautionary measures upon receiving notice of the dangerous condition. The trial court granted the motion and the plaintiff appealed. Having determined the defendant effectively moved for and received only partial summary judgment, we dismiss this appeal for lack of subject matter jurisdiction. |
Haywood | Court of Appeals | |
Elmer Elliott, Jr. v. Pearl Elliott, et al.
The trial court granted summary judgment to defendants, finding that plaintiff was ousted from the property at issue, that defendant Pearl Elliott was the presumptive owner of the property due to recordation and payment of property taxes, and that plaintiff’s suit was statutorily barred. We affirm. |
Gibson | Court of Appeals | |
In Re: Caleb L. C.
This is a dependency and neglect case. The child’s mother is deceased, and the child’s father has a long history of physically abusing family members. Both the juvenile court and the circuit court, on de novo appeal, found the child to be dependent and neglected and determined that the child’s best interests were served by remaining in the custody of his maternal uncle and aunt. Discerning no error, we affirm. |
Sullivan | Court of Appeals | |
Jonathan K. Price v. State of Tennessee
On October 11, 2006, the petitioner, Jonathan K. Price, pleaded guilty to aggravated burglary, solicitation of a minor, and two counts of statutory rape. He received a negotiated sentence of six years on probation. The petitioner filed a petition for post-conviction relief alleging ineffective assistance of counsel, and the post-conviction court denied relief. On appeal, the petitioner argues that trial counsel provided ineffective assistance, and thus, he did not enter his guilty pleas knowingly, intelligently, and voluntarily. Following our review of the record, the parties’ briefs, and applicable law, we affirm the denial of post-conviction relief. |
Rutherford | Court of Criminal Appeals | |
Mubashir Mahmood v. Maryam Mubashir
This is a divorce case. Mubashir Mahmood (“Husband”) appeals from a judgment of the trial court raising four issues, including an issue challenging the trial court’s decree awarding Maryam Mubashir (“Wife”) attorney’s fees as alimony in solido. The judgment from which Husband seeks to appeal is not a final judgment. Accordingly, this appeal is dismissed. |
Hamblen | Court of Appeals | |
Robert B. Ledford v. State of Tennessee
The pro se petitioner, Robert B. Ledford, appeals the Hamilton County Criminal Court’s summary denial of his petition for writ of error coram nobis attacking his convictions of second degree murder, kidnapping, aggravated robbery, and theft. Because we conclude that coram nobis relief is not available to provide relief from a guilty-pleaded conviction, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Ben W. Watkins v. State of Tennessee
The petitioner, Ben W. Watkins, appeals from the Blount County Circuit Court’s denial of his petition for writ of habeas corpus. Because the trial court correctly found that the petitioner failed to present a cognizable habeas corpus claim, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Javon Frazier
The defendant, Javon Frazier, appeals the trial court’s termination of his judicial diversion, arguing that he was denied due process at the revocation hearing, and the State concurs. After review, we reverse the judgment of the trial court and remand for a new revocation hearing. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kevin Millen
The pro se defendant, Kevin Millen, appeals the order of the Shelby County Criminal Court affirming the Shelby County General Sessions Court’s finding that he was guilty of contempt. Following our review, we affirm the judgment of the criminal court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Montrel Gilliam
The defendant, Montrel Gilliam, was convicted by a Shelby County jury of first degree premeditated murder and three counts of attempted first degree murder. He was sentenced by the trial court to consecutive terms of life imprisonment for the first degree murder conviction and as a Range I standard offender to twenty-five years, twenty-two years, and twenty years, respectively, for the attempted murder convictions, for an effective term of life plus sixty-seven years in the Department of Correction. On appeal, he challenges the sufficiency of the evidence in support of his convictions and argues that the trial court erred by instructing the jury on his silence as a tacit admission to the crimes. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Roger Wilkes, et al. v. Shaw Enterprises, LLC
This is an appeal of the trial court’s determination on remand that the Appellee did not breach the parties’ contract when it constructed the Appellant’s house without through-wall flashing and weep holes, as required by the applicable building code. The parties’ contract provided that the builder would construct the house in accordance with “good building practices.” The trial court concluded the builder constructed the house in accordance with good building practices even though it was not in strict conformance with the building code. We affirm this holding. The Appellants also appeal the trial court’s failure to award them their attorneys’ fees and costs incurred in their first appeal. We remand this matter to the trial court with directions that it award to Appellants reasonable attorneys’ fees and costs incurred in their first appeal, as determined by the trial court. |
Maury | Court of Appeals | |
In Re Deciandra M., et al.
Mother and Father appeal the termination of their parental rights to four children. Father’s rights were terminated on grounds of abandonment by failure to visit the children within four months prior to the filing of the petition and wanton disregard for the children’s safety based on his criminal history; Mother’s rights were terminated on grounds of severe child abuse, substantial noncompliance with permanency plans, and persistence of conditions. Finding no error, we affirm the trial court’s judgment. |
Williamson | Court of Appeals | |
In Re Antonio C. F., Jr.
The State of Tennessee, Department of Children’s Services (“DCS”) filed a petition seeking to terminate the parental rights of LaCondra DeShay B. (“Mother”) to her minor child Antonio C. F., Jr. (“the Child”) (d.o.b. 7-26-96). Temporary custody of the Child was awarded to DCS on February 21, 2006, and the Child has been in foster care since that date. During this period of time, DCS made reasonable efforts by offering case management services to the paternal grandmother, Carrie F., who was the Child’s custodian at the time of removal, but because she was incapable of managing his behavior, the Child was adjudicated dependent and neglected on April 27, 2006. Following a bench trial on May 21, 2010, the court entered its order finding and holding, inter alia, that clear and convincing evidence existed to support the termination of Mother’s parental rights based upon, (a) willfully failing to visit or making only token visitation with the Child for four months immediately preceding the filing of the petition to terminate; (b) abandonment of the Child by willfully failing to support or to make reasonable payments toward the support of the Child for four consecutive months immediately preceding the filing of the petition; and pursuant to Tenn. Code Ann. § 36-1-113(i) it is in the best interest of the Child that Mother’s parental rights be terminated. Mother appeals, asserting that DCS failed to prove by clear and convincing evidence that termination of her parental rights was in the best interest of the Child. We affirm. |
Hamilton | Court of Appeals | |
Patricia Ann Gho Massey v. Gregory Joel Casals
Appellant filed a motion to quash garnishment of his individual retirement accounts to satisfy an award of attorney’s fees to Appellee, asserting the accounts were exempt pursuant to Tennessee Code Annotated §§ 26-2-105 and 26-2-111. The trial court denied the motion to quash. We reverse. |
Shelby | Court of Appeals |