Rodney Nelson v. State of Tennessee
The petitioner, Rodney Nelson, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief. The petitioner, in three separate cases, pled guilty to eight counts of aggravated robbery, Class B felonies, and two counts of aggravated burglary, Class C felonies, and received an effective sentence of 21.6 years as a mitigated offender. On appeal, the petitioner raises the single issue of whether his guilty plea was entered knowingly and voluntarily. Following review of the record, we find no error and affirm the denial. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Darrell Anderson
Defendant-Appellant, Darrell Anderson, was convicted by a Shelby County jury of first degree premeditated murder and sentenced to life. In this appeal, he presents the following issues for our review: (1) whether the evidence was sufficient to support his conviction; (2) whether the trial court erred in giving a description of photographs that were not in evidence in response to a jury question; (3) whether the trial court erred in denying him an opportunity to make an offer of proof regarding the truthfulness of an officer's testimony; (4) whether the trial court erred in making comments in the presence of the jury which were unfairly prejudicial; (5) whether the trial court erred in excluding certain evidence; (6) whether he was unfairly prejudiced by the conduct of the State; (7) whether the trial court erred in qualifying an expert and admitting his conclusions; and (8) whether the trial court erred in failing to instruct the jury on the State's duty to preserve evidence. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Corterrius Worthy
The defendant, Corterrius Worthy, appeals the sentencing decision of the Shelby County Criminal Court. The defendant entered an open guilty plea to one count of robbery, a Class C felony. Following a hearing, the trial court denied the defendant's application for judicial diversion and sentenced the defendant to a term of three years. The court also denied the defendant's request for probation and ordered that the sentence be served in the Shelby County Workhouse. On appeal, the defendant argues that the trial court erred by denying judicial diversion and failing to grant probation. Following review of the record, we find no error and affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joseph Ray Pinson
The Defendant-Appellant, Joseph Ray Pinson, was convicted by a McNairy County jury of rape of a child, a Class A felony. He was sentenced as a child rapist to twenty years in the Tennessee Department of Correction. Pinson claims on appeal that the evidence was insufficient to support his conviction. Upon review, we affirm the judgment of the trial court. |
McNairy | Court of Criminal Appeals | |
State of Tennessee v. Corterrius Worthy
The defendant, Corterrius Worthy, appeals the sentencing decision of the Shelby County Criminal Court. The defendant entered an open guilty plea to one count of robbery, a Class C felony. Following a hearing, the trial court denied the defendant’s application for judicial diversion and sentenced the defendant to a term of three years. The court also denied the defendant’s request for probation and ordered that the sentence be served in the Shelby County Workhouse. On appeal, the defendant argues that the trial court erred by denying judicial diversion and failing to grant probation. Following review of the record, we find no error and affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Rodney Nelson v. State of Tennessee
The petitioner, Rodney Nelson, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief. The petitioner, in three separate cases, pled guilty to eight counts of aggravated robbery, Class B felonies, and two counts of aggravated burglary, Class C felonies, and received an effective sentence of 21.6 years as a mitigated offender. On appeal, the petitioner raises the single issue of whether his guilty plea was entered knowingly and voluntarily. Following review of the record, we find no error and affirm the denial. |
Shelby | Court of Criminal Appeals | |
Derrick D. Futch v. State of Tennessee
The petitioner, Derrick D. Futch, pleaded guilty to aggravated sexual battery, a Class B felony. The trial court sentenced him to 8 years, at 100 percent, in the Tennessee Department of Correction. The petitioner filed a petition for post-conviction relief, which the postconviction court summarily dismissed. The petitioner appeals the summary dismissal of his petition for post-conviction relief. After a review of the record, the parties’ briefs, and applicable law, we reverse the judgment of |
Shelby | Court of Criminal Appeals | |
Laura Wilburn, as the Personal Representative of Son Jones, Deceased v. City of Memphis
Decedent was struck and killed by an on-duty City of Memphis police officer while attempting to cross the street. The trial court awarded $7,500.00 in a wrongful death award. Decedent’s personal representative appeals, seeking an increased award. We affirm. |
Shelby | Court of Appeals | |
Thomas Gazley, D/B/A Personalized Planting, Inc., v. Tulsi Associates, et al., and The Estate of Howard Sexton, for decedent Howard Sexton, et al., D/B/A Precision Construction Company
Plaintiff subcontractor, sued contractor, who constructed a hotel for co-defendant owner of hotel for breach of contract. Construction company cross-filed against defendant hotel owner. The Trial Court, after hearing proof, entered a joint settlement judgment against both defendants on behalf of the plaintiff and based the judgment on the terms of the settlement agreement which had been entered in a prior action in a suit between the defendants. The owner of the hotel appealed. We hold the Trial Court erred in its interpretation of the settlement agreement between the defendants, and set aside the judgment against appellant and direct that the contractor is liable for all the damages awarded, based on appellants' cross-action against the contractor. |
Sevier | Court of Appeals | |
Alvin Flatt, Attorney in Fact and Next of Kin if Decedent Falnetta Noble v. Claiborne County Hospital and Nursing Home
In this medical malpractice action, the plaintiff offered evidence of the standard of care required of defendant by an expert witness, and defendant offered evidence that it complied with the standard of care by an expert witness, who was accepted as an expert by the Trial Court. The Trial Judge ruled in favor of defendant, essentially accepting the defendant's evidence that it had met the standard of care for the deceased. Plaintiff appealed, insisting that the Trial Court did not "correctly weigh the conflicting expert testimony" in its ruling for the defendant. On appeal, we affirm the Judgment of the Trial Court. |
Claiborne | Court of Appeals | |
Wayland-Goodman Properties, LP., v. Southside Package Store, Inc.
Plaintiff landlord brought a detainer action against defendant in Sessions Court. On appeal to the Circuit Court, the Trial Court in its Judgment, awarded possession to plaintiff and awarded plaintiff a Judgment of $17,800.00 for the rent due and one-half of the 2009 ad valorem property taxes. Defendant has appealed. We affirm the Judgment of the Circuit Court. |
Knox | Court of Appeals | |
Alvin Flatt, Attorney in Fact and Next of Kin of Decedent Falnetta Nobel vs. Claiborne County Hospital and Nursing Home
In this medical malpractice action, the plaintiff offered evidence of the standard of care required of defendant by an expert witness, and defendant offered evidence that it complied with the standard of care by an expert witness, who was accepted as an expert by the Trial Court. The Trial Judge ruled in favor of defendant, essentially accepting the defendant's evidence that it had met the standard of care for the deceased. Plaintiff appealed, insisting that the Trial Court did not "correctly weigh the conflicting expert testimony" in its ruling for the defendant. On appeal, we affirm the Judgment of the Trial Court. |
Claiborne | Court of Appeals | |
Thomas Gazley, d/b/a Personalized Planting, Inc., v. Tulsi Associates, et al., and The Estate of Howard Sexton, for decedent Howard Sexton, et al., d/b/a Precision Construction Company
Plaintiff subcontractor, sued contractor, who constructed a hotel for co-defendant owner of hotel for breach of contract. Construction company cross-filed against defendant hotel owner. The Trial Court, after hearing proof, entered a joint settlement judgment against both defendants on behalf of the plaintiff and based the judgment on the terms of the settlement agreement which had been entered in a prior action in a suit between the defendants. The owner of the hotel appealed. We hold the Trial Court erred in its interpretation of the settlement agreement between the defendants, and set aside the judgment against appellant and direct that the contractor is liable for all the damages awarded, based on appellants' cross-action against the contractor. |
Sevier | Court of Appeals | |
State of Tennessee v. Vincent Hunt
The Defendant, Vincent Hunt, was convicted by a Shelby County jury of premeditated first degree murder and especially aggravated kidnapping. The trial court imposed an effective sentence of life plus forty years to be served in the custody of the Department of Correction. In this appeal as of right, the Defendant contends that (1) the evidence is insufficient to support his convictions and (2) the trial court erred in its application of enhancement factors in arriving at the forty-year sentence for the especially aggravated kidnapping conviction and in ordering the sentence to be served consecutively to the sentence of life imprisonment for the first degree murder conviction. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Timothy Scott Rauhuff
The appellant, Timothy Scott Rauhuff, pled guilty in the Blount County Circuit Court to manufacturing no less than 20 and no more than 99 marijuana plants. He received a four-year suspended sentence. Subsequently, the State brought a revocation action, alleging that the appellant violated the terms of his probation. The trial court revoked the appellant's probation and ordered him to serve one year in confinement and the remainder of the sentence on intensive probation. On appeal, the appellant challenges the trial court's imposition of a period of continuous confinement. The State filed a motion requesting that this court affirm the trial court's ruling pursuant to Rule 20, Rules of the Court of Criminal Appeals. After review, we conclude that the trial court did not err in sentencing the appellant to a period of continuous confinement. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Blount | Court of Criminal Appeals | |
Gregory Poole v. Union Planters Bank, N.A.
The plaintiff/appellant, an owner-operator truck driver, entered into a note, disclosure, and security agreement with the defendant/appellee, Union Planters Bank, for the purchase of a tractor-trailer truck. At the time of the original agreement, the bank promised to have the vehicle's title converted to a Tennessee certificate of title. The plaintiff filed suit several years later to recover damages incurred due to the bank's failure to timely provide a copy of said title. Prior to trial, the bank moved to compel arbitration and to strike the plaintiff's jury demand based on contractual language found in the original agreement and a subsequent refinancing agreement. The trial court declined to compel arbitration but granted the motion to strike. At trial, the plaintiff recovered in breach of contract. On appeal, the plaintiff challenges the enforcement of his pre-dispute contractual waiver of the right to trial by jury, the involuntary dismissal of his Tennessee Consumer Protection Act claim, the calculation of his damages, and the denial of his claim for prejudgment interest. We affirm. |
Shelby | Court of Appeals | |
Jason Sherwood v. Cheryl Blackburn, Judge
This is an appeal from the trial court's dismissal of the Appellant's petition for writ of mandamus for failure to state a claim. Because the Appellant failed to timely file his notice of appeal, this Court does not have subject matter jurisdiction over this appeal. Accordingly, we dismiss. |
Davidson | Court of Appeals | |
Gregory Poole v. Union Planters Bank, N.A.
The plaintiff/appellant, an owner-operator truck driver, entered into a note, disclosure, and security agreement with the defendant/appellee, Union Planters Bank, for the purchase of a tractor-trailer truck. At the time of the original agreement, the bank promised to have the vehicle’s title converted to a Tennessee certificate of title. The plaintiff filed suit several years later to recover damages incurred due to the bank’s failure to timely provide a copy of said title. Prior to trial, the bank moved to compel arbitration and to strike the plaintiff’s jury demand based on contractual language found in the original agreement and a subsequent refinancing agreement. The trial court declined to compel arbitration but granted the motion to strike. At trial, the plaintiff recovered in breach of contract. On appeal, the plaintiff challenges the enforcement of his pre-dispute contractual waiver of the right to trial by jury, the involuntary dismissal of his Tennessee Consumer Protection Act claim, the calculation of his damages, and the denial of his claim for prejudgment interest. We affirm. |
Shelby | Court of Appeals | |
In Re: Estate of Anderson Charles Carter, III, Deceased
This appeal involves a mother’s claims against her deceased adult son’s estate. The trial court denied the majority of her claims but granted her partial relief on one issue that was not disputed by the son’s estate. The mother appealed. We affirm. |
Lauderdale | Court of Appeals | |
James LaFayette Moore v. Turney Center Disciplinary Board, et al.
Inmate appeals the trial court’s dismissal of a petition for writ of certiorari challenging a decision of the prison disciplinary board. Because we have determined that the trial court erred in failing to allow the inmate to amend his petition, we vacate the trial court’s order of dismissal and remand for further proceedings. |
Hickman | Court of Appeals | |
Jocques Lyons v. State of Tennessee
The Petitioner, Jocques Lyons, was charged with one count of first degree premeditated murder, one count of first degree felony murder, and one count of especially aggravated robbery. On June 27, 2007, he pleaded guilty to one count of second degree murder and one count of especially aggravated robbery, accepting under the terms of his plea agreement a twenty-five year sentence for each charge, to be served concurrently as a violent offender at 100%. The petitioner filed a petition for post-conviction relief on April 24, 2008. A postconviction hearing was held on March 16, 2009, following which the post-conviction court denied the petitioner relief. He now appeals that denial, contending that he is entitled to post-conviction relief because: (1) his plea was not knowingly and voluntarily entered; and (2) trial counsel was ineffective in investigating the petitioner's case. After our review, we affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. David A. Phillips
A Washington County Criminal Court jury convicted the appellant, David A. Phillips, of reckless homicide, vehicular homicide, reckless aggravated assault, felony reckless endangerment, and misdemeanor drag racing. The trial court merged the reckless homicide conviction into the vehicular homicide conviction and sentenced the appellant to six years. The trial court sentenced the appellant to two years for the reckless aggravated assault conviction and one year for the felony reckless endangerment conviction with all the sentences to be served concurrently for a total effective sentence of six years. The trial court dismissed the misdemeanor drag racing conviction because it was barred by the statute of limitations. On appeal, the appellant contends that (1) the evidence is insufficient to support the convictions; (2) the trial court erred by denying his motion to sever his trial from that of his co-defendant; (3) the trial court erred by allowing two State witnesses to give improper testimony; (4) his sentence is excessive and the trial court should have ordered alternative sentencing; and (5) the trial court erred by denying his motions for judgment of acquittal and a new trial. Upon review, we affirm the judgments of the trial court but remand the case to the trial court for entry of a corrected judgment as to the appellant's felony reckless endangerment conviction. |
Washington | Court of Criminal Appeals | |
James Morton Burris v. Lisa Estes Burris
This is a divorce case ending a twenty-one year marriage. Following a three day trial, the trial court entered a parenting plan naming Appellee/Father as the primary residential parent, granting Father decision making authority, and providing Appellant/Mother with visitation. The trial court also entered judgment against Mother for retroactive child support since the parties separation and for marital debts that had been paid by the Father during the separation. Discerning no error, we affirm. |
Rutherford | Court of Appeals | |
State of Tennessee v. John Lee Shields
The Defendant, John Lee Shields, pled guilty to one count of reckless aggravated assault, a Class D felony, with sentencing left to the determination of the trial court. Following a sentencing hearing, the trial court sentenced the Defendant to two years suspended to probation after the service of ten months incarceration in the county jail. In this appeal as of right, the Defendant contends that the trial court erred in sentencing him to split confinement. Following our review, we affirm the judgment of the trial court as modified by this opinion. |
Bradley | Court of Criminal Appeals | |
William Hunter Williams v. Howard Carlton, Warden
The pro se Petitioner, William Hunter Williams, appeals from the trial court's order denying his petition for the writ of habeas corpus. The State has filed a motion requesting that this court affirm the order pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petition fails to state a cognizable claim for habeas corpus relief. The State's motion is granted, and the judgment of the trial court is affirmed. |
Johnson | Court of Criminal Appeals |