State of Tennessee v. Marcus J. Turco - Concurring
I join with the majority in concluding that the trial court was without authority to modify the defendant’s sentence after the sentence had expired. I write separately because I also find that the trial court was without authority to grant judicial diversion in this case even if the sentence had not expired. Absent appropriate legislation, the trial court is without authority to invent its own sentencing programs. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Paul H. Clever
The defendant pled guilty to driving under the influence and was sentenced as a multiple offender. In this appeal as of right, the defendant alleges that (1) the trial court erred in finding that he was a third offender for purposes of sentencing, and (2) the DUI sentencing statute is unconstitutional because it is vague and has an ex post facto effect. After careful review, we affirm the defendant's conviction and sentence. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Eric Terrell Glover
In July of 1999, a Fayette County Grand Jury indicted the appellant, Eric Terrell Glover, for the following offenses: (1) first-degree premeditated murder; (2) first-degree felony murder; (3) especially aggravated kidnapping; and (4) especially aggravated robbery. Following a jury trial, Glover was convicted on all charges and, in accordance with the jury's verdict, was sentenced to life imprisonment for first-degree premeditated murder. For his convictions of especially aggravated kidnapping and especially aggravated robbery, Glover was sentenced, as a violent offender, to concurrent twenty year sentences on each charge, with these sentences running concurrently to his life sentence. On appeal, Glover challenges the sufficiency of the evidence supporting his convictions as a principal offender under a theory of criminal responsibility for the conduct of another. He argues that the proof, at best, supports only the subordinate criminal responsibility of "facilitating." After review, we find no error and affirm the judgments of the trial court. |
Fayette | Court of Criminal Appeals | |
SUSAn Mason v. Old Time Pottery, Inc.,
|
Rutherford | Workers Compensation Panel | |
Owner-Operator Independent Drivers Association, Inc., et al vs. Concord EFS, Inc., et al
|
Williamson | Supreme Court | |
Dan Johnson v. Corrections Corporation of America,
|
Hardeman | Court of Appeals | |
State of Tennessee v. Charlie Logan
The defendant was indicted on twelve counts of aggravated rape and six counts of statutory rape. He pled guilty to four counts of statutory rape, a Class E felony, with an agreed sentence of two years on each count, to be suspended upon service of thirty days. The trial court ordered the sentences to run consecutively, which ruling the defendant now appeals. The defendant also appeals the court's denial of his application for judicial diversion. We affirm the judgment of the trial court. |
Pickett | Court of Criminal Appeals | |
Kennedy v. Titan Specialized Services
|
Rutherford | Court of Appeals | |
Walter E. Preston v. W.G. Lutche
|
Davidson | Court of Appeals | |
Wendy King vs. Timothy King
|
Warren | Court of Appeals | |
David Chilton v. James Austin
|
Davidson | Court of Appeals | |
State of Tennessee v. Johnathan Trice
The appellant, Jonathan Trice, pled guilty in the Chester County Circuit Court to five counts of theft and was sentenced to a total of four years incarceration in the Tennessee Department of Correction. The appellant's sentence was then suspended, and the appellant was granted service in a community corrections program. Due to the appellant's failure to comply with the terms of community corrections, the trial court revoked the appellant's suspended sentence and ordered that the appellant serve his sentence in confinement as originally ordered. The appellant appeals this ruling. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Chester | Court of Criminal Appeals | |
State of Tennessee v. Larry Mitchell Watson
The defendant, Larry Mitchel Watson, appeals his conviction and sentence for felony reckless endangerment in the Cumberland County Criminal Court. On appeal, the defendant argues that the evidence was insufficient to sustain his felony reckless endangerment conviction and that the trial court improperly sentenced him. Because the jury was erroneously instructed on felony reckless endangerment as a lesser-included offense of aggravated assault, we reverse his conviction for that offense and remand the cause for a new trial in accordance with this opinion. |
Cumberland | Court of Criminal Appeals | |
State vs. Larry Allen Hicks
|
Hamilton | Supreme Court | |
State vs. Larry Allen Hicks
|
Hamilton | Supreme Court | |
State of Tennessee v. Larry Allen Hicks
|
Hamilton | Supreme Court | |
X2010-0000-XX-X00-XX
|
Supreme Court | ||
State of Tennessee v. Charles Goode
Charles Goode was convicted by a jury of aggravated rape, and was sentenced to twenty-five (25) years in the Department of Correction. He challenges the sufficiency of the evidence and the actions of the judge in sentencing him to serve the maximum sentence. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Rickie Boyd
The defendant, Rickie Boyd, was convicted by a Shelby County, Tennessee jury of the offense of aggravated robbery. He was sentenced to 18 years incarceration as a Range II, multiple offender. In this appeal he maintains the trial court erred in failing to instruct the jury with respect to the lesser included offense of theft of property. We conclude that is was error to fail to instruct the jury with respect to theft of property. However, we also conclude that this error was harmless beyond a reasonable doubt, and we therefore affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
George Campbell, Jr. v. State of Tennessee
The petitioner appeals the dismissal of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he had effective assistance of trial counsel. After a careful review of the record, we conclude that the petitioner failed to meet his burden of proving ineffective assistance of counsel. Accordingly, we affirm the post-conviction court's dismissal of the petition for post-conviction relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Larry Dean Dickerson
The defendant appeals his premeditated first degree murder conviction for which he received a life sentence, arguing: (1) the evidence was not sufficient to convict him of first degree murder; (2) he should have been granted a mistrial due to the prosecutor's improper statements during closing arguments; and (3) he was entitled to a special jury instruction regarding diminished capacity. After reviewing the record, we affirm the judgment of the trial court. |
Crockett | Court of Criminal Appeals | |
State of Tennessee v. Sharon Rhea
The defendant pled guilty to two counts of introduction of drugs into a penal institution. Her plea agreement required her to serve two concurrent six-year sentences for the offenses, but left the manner of service to the discretion of the trial court. Following a sentencing hearing, the trial court ordered the defendant to serve her sentences in the Tennessee Department of Correction. The defendant appeals this decision, arguing that the trial court erred by not ordering an alternative sentence. Because we conclude that the record in this case supports the denial of alternative sentencing, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
Bobbie Woods v. Maytag Jackson Dishwashing Products
|
Madison | Workers Compensation Panel | |
Howard L. Fuller v. Astec Industries, Inc.
Plaintiff filed a retaliatory discharge action based on dismissal from employment for filing a worker's compensation claim. The Trial Judge held the record established the dismissal was not retaliatory. We affirm. |
Hamilton | Court of Appeals | |
State of Tennessee v. Barry Marable
The defendant, Barry Marable, appeals from his convictions for aggravated burglary, felony reckless endangerment, felony evading arrest, and misdemeanor theft, contesting the sufficiency of the evidence. We affirm the judgments of conviction except for the one for the evading arrest. We modify that conviction from a Class D felony to a Class E felony and remand the case for sentencing. |
Montgomery | Court of Criminal Appeals |