Clement Homes, Inc. v. Beth Chilcutt a/k/a Beth Correll
This is a breach of contract case. The trial court entered a final judgment in favor of the plaintiff but did not issue findings of fact or conclusions of law pursuant to Rule 52.01 of the Tennessee Rules of Civil Procedure. Because the trial court failed to comply with the mandatory requirements of Rule 52.01, we vacate and remand. |
Tipton | Court of Appeals | |
State of Tennessee v. Tony Lee Crowe
The Defendant, Tony Lee Crowe, was convicted by a Putnam County Jury of two counts of rape of a child and two counts of aggravated sexual battery. As a result, he was sentenced to sixteen years incarceration, to be served at 100%. On appeal, he alleges that the trial court improperly denied his motion for new trial based on newly discovered impeachment evidence and recanted testimony. After a review of the record, we affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
Paul Davis, M.D. v. Jackson Tennessee Hospital Company, LLC
This is an appeal from the trial court's grant of summary judgment. After reviewing the record, we find that the Notice of Appeal was not timely filed. Therefore, this Court does not have subject matter jurisdiction and the appeal is dismissed. |
Madison | Court of Appeals | |
State of Tennessee v. Matthew Steven Wright
Appellant, Matthew Steven Wright, was indicted by the Marion County Grand Jury for aggravated assault. Appellant pled guilty to the charge and received a sentence of four years. The trial court suspended the sentence to three years and ten months of probation after the service of thirty-five days in incarceration. After the issuance of a probation violation warrant and hearing, the trial court revoked appellant's probation and ordered him to serve his sentence. Appellant seeks a review of the denial of his probation. We determine that the trial court made adequate findings of fact with regard to the denial of probation. Therefore, the judgment of the trial court is affirmed. |
Marion | Court of Criminal Appeals | |
State of Tennessee v. Daniel Henderson Jones
The Defendant, Daniel Henderson Jones, appeals as of right from the Sullivan County Criminal Court's denial of his motions to withdraw guilty pleas and for reduction of sentences following his negotiated guilty pleas in case number S52,468 to one count of aggravated assault, a Class C felony; in case number S53,126 to one count of possession of .5 grams of cocaine for sale, a Class B felony; one count of possession of drug paraphernalia, a Class A misdemeanor; one count of maintaining a dwelling where drugs are sold or used, a Class D felony; and in case number S53,127 to possession of cocaine for sale, a Class C felony. He received a total effective sentence of twenty years as a Range I, standard offender. On appeal, the defendant argues that the trial court erred in denying his motions and that his sentences were imposed absent the trial court making required findings relative to enhancement and mitigating factors. Following our review, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Gary Dewayne Pitts
The Defendant, Gary Dewayne Pitts, appeals from the order of the Davidson County Criminal Court revoking his probation. In January 2009, the defendant pleaded guilty to felony simple possession of cocaine and vandalism over $500 and received an effective three-year sentence as a Range II, multiple offender. His sentence was partially suspended, and he was placed on probation. Subsequently, a violation warrant was issued, wherein it was alleged that the defendant violated his probation by using illegal drugs. After a hearing, the trial court took the matter under advisement so that the defendant could be evaluated for a drug and mental health program. Based upon the results of the assessment evincing an unwillingness on the part of the defendant to abide by the terms of the program, the trial court concluded that the defendant violated the conditions of his probationary sentence and ordered that his original three-year sentence to the Department of Correction be reinstated. On appeal, the defendant argues that the trial court abused its discretion by revoking his probation and ordering that the remainder of his sentence be served in confinement. After a review of the record, the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
Linda Smith, et al vs. Lane Family VIII, LLC, et al
These consolidates lawsuits involve claims by Linda Smith, Melinda Mischlich, Jennifer Hayles, and Fernando Hayles ("Plaintiffs") surrounding two homes purchased by plaintiffs located in a subdivision developed by Harry Lane or an affiliated limited liability company. The trial court granted rescission of the contracts and awarded plaintiffs their attorney fees. The trial court stated that the amount of attorney fees would be determined at a future hearing. Prior to the hearing on the amount of attorney fees to be awarded, several defendants filed a notice of appeal. We dismiss this appeal for lack of a final judgment. |
Knox | Court of Appeals | |
Vickie P. Jacobs, Surviving Spouse of Harris N. Jacobs, Deceased; and for the benefit of herself and the minor children of Harris N. Jacobs, Deceased v. Nashville Ear, Nose & Throat Clinic et al.
This is a medical malpractice case. Vicki P. Jacobs ("the Plaintiff") alleges that the failure of Stephen A. Mitchell, M.D., an otolaryngologist, and K. James Schumacher, M.D., a neuroradiologist, to diagnose cancer in the left sinus of her late husband, Harris N. Jacobs ("the Decedent"), in May 2000 caused his death in November 2001. The trial court granted all defendants summary judgment. The court held that the plaintiff, in the face of the defendants' motions for summary judgment, failed to demonstrate a genuine issue of material fact as to the element of causation. The court's ruling was premised, in part, on the court's holding that the affidavit of one of the experts was not timely filed and also because, according to the court, the plaintiff's experts gave deposition testimony that superseded and canceled out their assertions in affidavits. Plaintiff appeals, challenging the court's grant of summary judgment and an earlier order allowing the defendants to conduct ex parte interviews of treating physicians of the decedent. We vacate both orders and remand for further proceedings. |
Davidson | Court of Appeals | |
Antonio M. Miller v. Joe Easterling, Warden
The Petitioner, Antonio M. Miller, appeals the Hardeman County Circuit Court's summary dismissal of his petition for writ of habeas corpus. On appeal, the Petitioner contends that (1) the trial court did not have jurisdiction to try him as an adult; (2) the prosecutor breached the plea agreement; (3) he was not given a psychological evaluation or a pretrial suppression hearing to challenge his confession; (4) he was not allowed to develop alibi witnesses; and (5) his nineteen-year sentence at one hundred percent is incorrect. We affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
Kevin O. Hooks v. Steven Dotson, Warden
The pro se Petitioner, Kevin O. Hooks, appeals as of right from the Hardeman County Circuit Court's summary dismissal of his petition for a writ of habeas corpus challenging his conviction for first degree felony murder. Following our review, we affirm the judgment of the habeas corpus court. |
Hardeman | Court of Criminal Appeals | |
James Mark Thornton v. State of Tennessee
The petitioner, James Mark Thornton, appeals from the denial of his petition for writ of habeas corpus wherein he challenged his judgments in Cocke County case numbers 6617, 6618, 6820, and 9827. In this appeal, the petitioner claims entitlement to habeas corpus relief on the basis that he received concurrent sentences when consecutive sentences were statutorily required. He also contends that he should be permitted to withdraw his guilty pleas in each of the four cases because the concurrent sentence alignment was a bargained for element of each plea. We agree that the judgment in case number 6820 is void, but because the petitioner has failed to establish that he is restrained of his liberty by virtue of the void judgment, we affirm the denial of habeas corpus relief. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Patricia Howell
A Madison County Circuit Court jury convicted the Defendant, Patricia Howell, of aggravated assault, a Class D felony. The trial court sentenced her to four years incarceration as a Range I, standard offender, suspended to probation after the service of five months. In this appeal as of right, the Defendant contends that the evidence is insufficient to support her conviction because the victim's injury did not constitute serious bodily injury; thus, she should have been convicted of assault. Following our review, we agree with the Defendant and remand the case for entry of a modified judgment. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Curtis Lynn Hearon
The defendant, Curtis Glenn Hearon, appeals from the sentencing judgment of the Blount County Circuit Court. Upon review of the record and the parties' briefs, we affirm the judgment but remand the case for further findings and rulings on the issue of pretrial jail credit. |
Blount | Court of Criminal Appeals | |
Angela Brandenburg et al vs. James Steven Hayes et al
Plaintiff filed a complaint against Defendant Husband and Wife seeking injunctive relief. Wife filed a counterclaim and cross-claim against Plaintiff and Husband alleging fraudulent conveyance, conversion, and misappropriation of assets. After a bench trial, the trial court found that Plaintiff and Husband devised a scheme to cloud the ownership of the business jointly owned by Husband and Wife and to hide assets from Wife during an impending divorce. The trial court awarded damages totaling $175,000 to Wife. Plaintiff appeals. We affirm. |
Sevier | Court of Appeals | |
Andrew Neal Davis v. State of Tennessee
Petitioner, Andrew Neal Davis, was convicted by a Davidson County Jury of first degree felony murder and aggravated child abuse. State v. Andrew Neal Davis, No. M2002-02375- CCA-R3-CD, 2004 WL 1562544 (Tenn. Crim. App., at Nashville, Jul. 9, 2004), perm. app. denied, (Tenn. Dec. 6, 2004). Petitioner's convictions were affirmed on direct appeal. Id. at *1. Petitioner filed a petition for post-conviction relief primarily on the basis of ineffective assistance of counsel. Petitioner also argued that the trial court committed various constitutional errors during trial. After a hearing on the petition, the post-conviction court denied the petition for relief. Petitioner appealed to this Court. After a review, we conclude that the post-conviction court properly dismissed the petition for post-conviction relief. Consequently, the judgment of the post-conviction court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Sarah Ellen Eatherly
The Defendant, Sarah Ellen Eatherly, pled guilty to vehicular assault and reckless aggravated assault. Following a sentencing hearing, the trial court denied the defendant's request for judicial diversion and sentenced her to an effective sentence of two years, with seven days to be served in confinement and the remainder to be served on probation. The defendant appeals, contending the trial court erred when it denied her request for judicial diversion. After a thorough review of the record and applicable authorities, we affirm the trial court's judgments. |
Davidson | Court of Criminal Appeals | |
Kenneth L. Storey v. State of Tennessee
The Petitioner, Kenneth L. Storey, filed in the Knox County Criminal Court a pro se "Application for Post-Conviction or Habeas Corpus Relief," alleging that his sentence was void because the trial court did not follow the dictates of Blakely v. Washington, 542 U.S. 296 (2004). The post-conviction court dismissed the petition, finding that it was filed outside the statute of limitations. On appeal, the petitioner challenges the post-conviction court's ruling. Upon review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Michael Eugene Wilkerson v. State of Tennessee
A Warren County jury convicted the Petitioner, Michael Eugene Wilkerson, of three counts of the sale of more than .5 grams of cocaine and one count of the casual exchange of marijuana, and the trial court sentenced him as a Range II, multiple offender to an effective sentence of fifty-seven years. On direct appeal, the petitioner challenged the sufficiency of the evidence, and we affirmed the trial court's judgments. State v. Michael Wilkerson, No. M2005-02175-CCA-R3-CD, 2006 WL 2709240, at *1 (Tenn. Crim. App., at Nashville, Sept. 22, 2006), no Tenn. R. App. P. 11 application filed. The petitioner then filed a petition for post-conviction relief in which he alleged that he received the ineffective assistance of counsel and that the State withheld exculpatory evidence. After a hearing, the postconviction court dismissed the petition. After a thorough review of the record and applicable authorities, we affirm the judgment of the post-conviction court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Daniel Patrick Blankenship
The Defendant, Daniel Patrick Blankenship, pled guilty to aggravated burglary, theft over $10,000, and theft over $1,000. The trial court sentenced him to an effective sentence of six years to be served on probation. Soon thereafter, a violation of probation affidavit was filed against the defendant. After a hearing, the trial court revoked the defendant's probation and ordered him to serve his sentence in confinement. The defendant appeals, contending the trial court erred in placing his original sentence into effect. After a thorough review of the record and applicable law, we affirm the trial court's judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael Orlando Freeman
The Defendant, Michael Orlando Freeman, pled guilty to robbery, a Class C felony, in the Criminal Court of Hamilton County with sentencing to be determined by the trial court. The trial court sentenced the defendant as a Range I, standard offender to five years' incarceration. In this appeal as of right, the defendant contends that the trial court erred in its application of enhancement factors to his sentence and in its denial of alternative sentencing. Following our review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Samuel L. Giddens, Jr. v. State of Tennessee
A Davidson County jury convicted the Petitioner, Samuel L. Giddens, Jr., of reckless homicide, attempted especially aggravated robbery, and aggravated burglary, and the trial court sentenced him to an effective sentence of fourteen years. On direct appeal, this Court affirmed the petitioner's convictions and sentence. State v. Samuel L. Giddens, Jr., No M2005-00691-CCA-R3-CD, 2006 WL618312, at *1 (Tenn. Crim. App., at Nashville, Mar. 13, 2006), Tenn. R. App. P. 11 application denied (Tenn. June 26, 2006). The petitioner filed a petition for post-conviction relief, later amended by appointed counsel, alleging, in pertinent part, that he received the ineffective assistance of counsel. After a hearing, the post-conviction court dismissed the petition. After a thorough review of the record and applicable authorities, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Anthony L. Davis
A Davidson County grand jury indicted the Defendant, Anthony L. Davis, and his codefendant, Michael Ray Crockett, for the felony murder, premeditated murder, and especially aggravated robbery of victim Edgar Moreno-Gutierrez and for the especially aggravated robbery and two counts of felony murder of victim Michael Adams. The trial court severed the defendant's trials, and in his first trial a Davidson County jury convicted him of the felony murder, premeditated murder, and especially aggravated robbery of victim Moreno- Gutierrez. The trial court merged the premeditated murder conviction with the felony murder conviction and sentenced the defendant to life plus twenty-three years. In his second trial, a Davidson County jury convicted the defendant of the especially aggravated robbery andd two counts of the felony murder of victim Adams. The trial court merged the two felonyd murder convictions and sentenced the defendant to life plus eighteen years, to be served consecutively to his sentence from his first trial. The two cases were consolidated on appeal. On appeal, the defendant contends that the evidence is insufficient to support his convictions and that the trial court improperly imposed consecutive sentencing in his first trial. After a thorough review of the record and relevant authorities, we affirm the trial court's judgments. |
Davidson | Court of Criminal Appeals | |
Jeffery Aaron Lane v. State of Tennessee
We review this post-conviction case to determine the validity of defendant's guilty plea when the trial court did not specifically ask the defendant "How do you plead?" and he did not respond with the words, "Guilty" or "Not guilty." We hold that the defendant's guilty plea was valid because the facts and circumstances of the case show that the defendant intended to plead guilty, affirmatively admitted his guilt, stated that he was entering his plea voluntarily, and believed that he was pleading guilty. Accordingly, the defendant knowingly and voluntarily entered a guilty plea, and the guilty plea proceedings in this case substantially complied with the mandates of federal and state law. Therefore, the judgment of the Court of Criminal Appeals is reversed, and we remand for reinstatement of the defendant's conviction under the accepted plea agreement. |
Sullivan | Supreme Court | |
In Re: Caleb J.B.W.
This appeal involves the termination of a mother's parental rights to her son. Following a bench trial, the trial court determined that the mother knowingly failed to protect her child by not immediately seeking medical care and by not immediately reporting her child's injuries to medical providers or the authorities. Therefore, the trial court terminated the mother's parental rights. We affirm. |
Bradley | Court of Appeals | |
Glenda Hampton v. Northwest Tennessee Human Resource Agency
This is a personal injury case. The Appellant/Defendant's employee backed a van into a vehicle which the Appellee/Plaintiff was driving. Until the accident, the Plaintiff had not had any problems with her right shoulder. The morning after the accident the Plaintiff had pain and soreness in her shoulder. She was treated by three different orthopedic surgeons and ultimately had arthroscopic right shoulder surgery. The parties stipulated to liability. However, the Defendant disputed causation. A bench trial was held and the trial court found that the accident caused the Plaintiff's shoulder injury which necessitated the shoulder surgery. Defendant appealed from the trial court's judgment. We affirm. |
Carroll | Court of Appeals |