Deron A. Hatton v. CSX Transportation
This is a an action for damages under FELA wherein the Plaintiff claimed that he was negligently exposed to toxic chemicals in the workplace. The Defendant pleaded, inter alia, the defense of the three-year statute of limitations, to which the discovery rule was applicable. This issue was bifurcated and tried separately, to the same jury, which found in favor of the Plaintiff. On the issues of liability, causation, and damages [the second phase of the trial] the jury found in favor of the Defendant. Plaintiff appeals, claiming that the issue of the statute of limitation should not have been bifurcated, that the court should have directed a verdict for the Plaintiff on account of OSHA violations, and the exclusion-admission of expert testimony. Finding no error, the judgment is affirmed. |
Hamilton | Court of Appeals | |
State of Tennessee v. Robert Yoreck, III
This case presents an appeal to this court after remand by order of the Tennessee Supreme Court. The Appellant, Robert James Yoreck, III, pled guilty to aggravated assault, a class C felony. Following a sentencing hearing, the trial court sentenced Yoreck, as a Range II multiple offender, to nine years in the Department of Correction. On appeal, Yoreck argues that his sentence was excessive. After a review of the record, we affirm the sentence as imposed by the Montgomery County Circuit Court |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Mario Estrada
This case presents an appeal to this court after remand by order of the Tennessee Supreme Court. The Appellant, Mario C. Estrada, appeals the imposition of a sentence of twelve years confinement in the Department of Correction. The sentence arose from a guilty plea entered by Estrada to one count of arson, eight counts of aggravated assault, and one count of possession of a prohibited weapon. In this appeal, Estrada raises the issue of whether the trial court erred by ordering a sentence of total confinement rather than a less restrictive alternative. After review, we find no error. Accordingly, the judgment is affirmed. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Renne Arellano
This case presents an appeal to this court after remand by order of the Tennessee Supreme Court. The Appellant, Renne Efren Arellano, appeals from the sentencing decision of the Maury County Circuit Court. In a negotiated plea agreement, Arellano pled guilty to arson, eight counts of aggravated assault, and felony possession of a weapon and received an effective twelve-year sentence as a Range I standard offender. The manner of service was to be determined by the trial court. Following a sentencing hearing, the trial court denied any form of alternative sentencing and imposed total incarceration for the twelve-year sentence. On appeal, Arellano contends that the trial court erred in not sentencing him to any form of alternative incarceration. Finding no error, the sentences of the trial court are affirmed. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Thaddaeus Medford
The Defendant, Thaddeaus Medford, was convicted of three counts involving the delivery and attempted delivery of cocaine. In his first appeal, the Defendant contended, in part, that the State used a peremptory challenge to exclude a potential juror based on race. We remanded the case for the trial court to determine whether the State’s challenge was based upon a racially-neutral reason. On remand, the trial court determined that the State’s challenge was based upon a racially-neutral reason, and the Defendant appeals, contending that this finding by the trial court is in error. Finding no error, we affirm the judgment of the trial court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Stephen Keith Frazier
A Hardin County jury convicted the Defendant, Stephen Keith Frazier, of vehicular homicide and two counts of driving while under the influence of an intoxicant or drug (“DUI”). The trial court merged the two DUI convictions and sentenced the Defendant to ten years for vehicular homicide, and eleven months and twenty-nine days for the DUI conviction, with both sentences to run concurrently. On appeal, the Defendant contends that: (1) the evidence was insufficient to support the convictions; and (2) the trial court erred in sentencing the Defendant by improperly applying enhancement factor (17) to increase the length of the sentence and in not imposing alternative sentencing. Based upon our review, we affirm the conviction for vehicular homicide and vacate the conviction for DUI, this offense being merged into the conviction for vehicular homicide. Additionally, we affirm the Defendant’s sentence for his vehicular homicide conviction, and we vacate the Defendant’s sentence for his DUI conviction. We therefore remand to the trial court for the entry of a single judgment in accordance with this opinion. |
Hardin | Court of Criminal Appeals | |
Quinton Armstrong v. Michael MaGill, Commissioner of the Tennessee Department of Labor and Workforce Development, and Piccadilly Cafeteria
This is a claim for unemployment benefits. The claimant was terminated from her employment at the defendant business. Her separation notice indicated that she was terminated for improper conduct and having a disrespectful attitude. Subsequently, the claimant filed a claim for unemployment benefits. The agency denied benefits. The claimant appealed. The appellate tribunal conducted a telephonic hearing and affirmed the denial of benefits. The claimant filed the instant petition for judicial review, claiming that the administrative proceedings were so fundamentally flawed that her procedural due process rights were violated. The trial court denied the petition and affirmed the denial of benefits. The claimant now appeals. We affirm, finding that the claimant’s due process rights were not violated, and that there is substantial and material evidence to support the denial of benefits. |
Shelby | Court of Appeals | |
Larry Benton v. The Vanderbilt University - Dissenting
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Davidson | Supreme Court | |
Larry Benton v. The Vanderbilt University
We granted this appeal to determine whether a third-party beneficiary who seeks to enforce a contract between a hospital and an insurance carrier may be bound by an arbitration provision in the contract. The trial court denied the hospital’s motion to compel arbitration, finding that the thirdparty beneficiary was not a party to the contract between the hospital and the insurance carrier. The Court of Appeals reversed, concluding that the arbitration provision could be enforced against the third- party beneficiary in this case. After reviewing the record and authority, we conclude that an arbitration provision in a contract is enforceable against a third-party beneficiary who has filed a cause of action seeking to enforce the contract. |
Davidson | Supreme Court | |
Clayton O. Lovlace, Jr. v. Susan Verlain Irvine Lovlace
The trial court granted Mother's petition for conservatorship of the parties' disabled son; enforced MDA provision requiring Father to pay child support beyond child attaining age of majority; increased Father's child support obligation; and ordered Father to continue to maintain life and disability insurance. We affirm. |
Hickman | Court of Appeals | |
State of Tennessee v. Dennis James Varner
The Defendant, Dennis James Varner, entered a conditional plea of guilty to driving under the influence following the trial court's denial of his motion to suppress evidence attendant upon his stop at a roadblock. The Defendant reserved for this Court's ruling a certified question of law regarding the constitutionality of his stop by law enforcement officers. Upon our review of the record and pertinent legal authority, we have determined that the trial court erred in denying the Defendant's motion to suppress. Accordingly, we reverse the trial court's judgment and dismiss the charges against the Defendant arising out of his stop at a roadblock conducted in contravention of Tennessee's constitution. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Robert L. Stevenson
A Shelby County Criminal Court jury convicted the defendant, Robert L. Stevenson, of burglary of a building, a Class D felony, and the trial court sentenced him as a career offender to twelve years in the Department of Correction. The defendant appeals, claiming (1) that the evidence is insufficient to support his conviction and (2) that the trial court erred by allowing the state to impeach him with prior convictions. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Michael R. Lewis v. State of Tennessee
The petitioner, Michael R. Lewis, appeals the Lauderdale County Circuit Court’s dismissal of his petition for post-conviction relief. On appeal, he claims that ineffectiveness of trial counsel resulted in an invalid, 2001 jury conviction of reckless aggravated assault and that post-conviction relief from the conviction is warranted. Because the record supports the post-conviction court’s findings and conclusion, we affirm. |
Lauderdale | Court of Criminal Appeals | |
James Galloway v. Liberty Mutual Insurance Company
We granted review in this workers’ compensation appeal to determine whether an employee who was less than age 60 on the date of injury, but who reached maximum medical improvement and permanent total disability status after age 60, is entitled to a minimum of 260 weeks of benefits under Tennessee Code Annotated section 50-6-207(4)(A)(i) (Supp. 2003). The Chancellor determined that because the employee was less than 60 years of age when the injury occurred, he was entitled to permanent total disability benefits for only 232 weeks until he was eligible for full benefits under the Social Security Act. The employee’s appeal was transferred to the full Supreme Court prior to the Special Workers’ Compensation Appeals Panel hearing argument and issuing its decision. After reviewing the record and applicable authority, we conclude that the Chancellor properly construed the statute in awarding the employee 232 weeks of permanent total disability benefits pursuant to Tennessee Code Annotated section 50-6-207(4)(A)(i). We therefore affirm the Chancellor’s judgment. |
Dyer | Supreme Court | |
Theresa Caldwell, et al., v. Canada Trace, Inc.
This case involves the attachment of a mobile home and its subsequent transport to a storage facility. The Appellee sued out an attachment on the Appellants’ mobile home to secure payment of past rent due on a tenancy at Appellee’s trailer park. Appellee had the mobile home transported after it was attached and Appellants sued Appellee for damages to the mobile home. The Shelby County General Sessions Court found in favor of Appellants, and Appellee appealed to the Circuit Court. The Circuit Court found in favor of Appellee, and Appellants now appeal to this Court. For the following reasons, we affirm in part, reverse in part, and remand for further proceedings. |
Shelby | Court of Appeals | |
State of Tennessee v. Christopher Davis
The Petitioner, Christopher A. Davis, appeals the trial court's denial of his petition for writ of error coram nobis. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner failed to file his petition within the applicable statute of limitations, failed to assert a claim that is cognizable in a petition for writ of error coram nobis, and the statute of limitations should not be tolled. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Joseph Chi-Choi Wong
The appellant, Joseph Chi-Choi Wong, was convicted by a jury on three counts of promoting prostitution and three counts of money laundering. As a result, he was sentenced to an effective sentence of twenty-four (24) years. In this direct appeal, the appellant challenges: (1) the trial court's decision to admit certain evidence that was found in the appellant's apartment; (2) the trial court's failure to dismiss the indictment due to the asserted unconstitutionality of the Tennessee prostitution and money laundering statutes; (3) the trial court's failure to sever the prostitution counts from the money laundering counts; (4) the trial court's failure to suppress the evidence procured from the appellant's apartment as a result of the search warrant; (5) the trial court's imposition of an excessive sentence; and (6) the trial court's failure to mitigate the appellant's sentence. After a thorough review of the record, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
John W. Smith v. State of Tennessee
The petitioner, John W. Smith, appeals the denial of his petition for post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel at trial. The judgment is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Daryl Eugene Fortner
Following a jury trial, the defendant was convicted of two counts of attempted first degree murder, Class A felonies. He was also convicted of one count of aggravated burglary, a Class C felony. The defendant contends on appeal that (1) the evidence was insufficient to establish the requisite intent required for committing first degree murder, (2) the trial court erred in instructing the jury on diminished capacity, and (3) the sentence was excessive. Finding no reversible error, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
Damien M. Jackson v. State of Tennessee
The petitioner appeals from his denial of post-conviction relief. He alleges ineffective counsel and error by the post-conviction judge. After careful review, we conclude that the petitioner failed to prove ineffective counsel. Accordingly, we affirm the denial of relief. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Stephen Gass
The petitioner, Steven Gass, was convicted by a jury in the Rutherford County Circuit Court of rape of a child, aggravated sexual battery, and attempted rape of a child. The petitioner received a total effective sentence of thirty-two years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for post-conviction relief, citing several instances of ineffective assistance of counsel. After a hearing, the post-conviction court denied the petition, and the petitioner timely appealed. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Carl E. Leggett, Sr.
The Defendant, Carl E. Leggett, Sr., was indicted by the Franklin County Grand Jury for possession of .5 grams or more of cocaine with the intent to sell or deliver. Following a jury trial, the Defendant was convicted of facilitation of possession with intent to sell over .5 grams of cocaine. The Defendant was sentenced as a Range II multiple offender to serve nine years in confinement and ordered to pay a $70,000 fine. In this appeal as of right, the Defendant challenges the sufficiency of the convicting evidence. The Defendant also challenges his sentence. After a careful review of the record, we reverse the judgment of the trial court on sufficiency grounds and dismiss the charges against the Defendant. |
Franklin | Court of Criminal Appeals | |
State of Tennessee v. Carl E. Leggett, Sr. - Dissenting
I concur with the portion of the majority opinion which would affirm the trial court’s judgment regarding sentencing. However, I respectfully dissent from that portion of the opinion which holds that the evidence is insufficient to sustain the conviction of facilitation of possession with intent to sell over .5 grams of cocaine. |
Franklin | Court of Criminal Appeals | |
Terry L. Shropshire, Pro Se v. State of Tennessee
The Petitioner, Terry Shropshire, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to establish by a preponderance of the evidence that his conviction is void or his term of imprisonment has expired. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Wayne | Court of Criminal Appeals | |
James Edward Dicken v. State of Tennessee
The petitioner, James Edward Dicken, appeals the denial of his petition for post-conviction relief. He contends that he was denied the effective assistance of counsel. The judgment of the post-conviction court is affirmed. |
Sumner | Court of Criminal Appeals |