Terry Lynn vs. City of Jackson W1999-01695-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Roy Morgan
Plaintiffs, personal representative of decedent, an adult child of decedent, and a minor child of decedent, filed a wrongful death suit more than one year after decedent's date of death against the City of Jackson pursuant to the Tennessee Governmental Tort Liability Act (TGTLA). Plaintiffs had filed suit within one year of the date of death in federal court, and after federal court dismissed the case, they filed the instant case two days later in circuit court. The circuit court dismissed plaintiffs' case because it was not filed within one year of the accrual of the cause of action as mandated by TGTLA. Plaintiffs have appealed.
Madison
Court of Appeals
Mary Slack vs. Bryan Antwine W2000-00961-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Joe C. Morris
Plaintiffs sued to quiet title to property and to establish boundary line. The trial court found that the deed description of plaintiffs' property established their title to the disputed property. Defendant has appealed. We affirm the judgment of the trial court.
Henderson
Court of Appeals
Jason Kim vs. Nancy Boucher W2000-00427-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: George H. Brown
A minor pedestrian and his father sued automobile driver for personal injury damages sustained by minor when struck by driver's vehicle. The trial court directed a verdict for the automobile driver at the close of plaintiff's proof. Plaintiff has appealed.
Shelby
Court of Appeals
Harry Tusant vs. City of Memphis W2000-01431-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Floyd Peete, Jr.
Petitioners, Memphis police officers, filed a petition in chancery court for writ of mandamus to require the city to promote them to certain civil service ranks after they successfully completed the promotional process and are otherwise eligible and qualified for promotion. The trial court denied the petition, and petitioners have appealed.
Shelby
Court of Appeals
HMC Technologies Corp.vs. Siebe, Inc. E2000-01093-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Sharon J. Bell
In this declaratory judgment action, the plaintiff, HMC Technologies Corp. a/k/a HMC Technologies, Inc. ("HMC"), sued to enforce an indemnification provision contained in a proposal submitted to, and accepted by, the defendant, Siebe, Inc.
State vs. Coley M1997-00116-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Supreme Court
Alvin Vonner vs. State M2000-00566-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Timothy L. Easter
The petitioner, Alvin Vonner, appeals the Hickman County Circuit Court's summary dismissal of his petition for habeas corpus relief and alleges that his 60 year second degree murder sentence has expired. Because the record fails to establish that the sentence has expired, we affirm the dismissal of the petition.
Hickman
Court of Criminal Appeals
Martino vs. Dyer M1999-02397-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: William M. Dender
The trial court granted the motion of an attorney seeking collection of a pro rata share of his fee from a hospital lien against his client's settlement. The effect of the trial court's order is to require the hospital to pay fees to an attorney it did not hire. We reverse the judgment.
Sumner
Court of Appeals
Tinkham vs. Beasley M1999-02809-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Clara W. Byrd
Wilson
Court of Appeals
Tinkham vs. Beasley M1999-02809-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Clara W. Byrd
Wilson
Court of Appeals
State vs. Jason Beeler W1999-01417-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: William B. Acree
The defendant appeals from jury trial convictions for reckless homicide, felony murder, aggravated burglary, and two counts of especially aggravated kidnapping. In this appeal, the defendant alleges insufficient evidence, errors in admitting certain evidence, prosecutorial misconduct, improper instructions, and error in denying his writ of error coram nobis. Concluding that it was reversible error to not instruct on the lesser-included offenses of felony murder, we remand for a new trial on the felony murder count. We affirm the remaining convictions.
Obion
Court of Criminal Appeals
State vs. Danny Harold Ogle E2000-00421-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Defendant entered a best interest plea of guilty to vehicular homicide by recklessness. The plea attempted to reserve a certified question of law relating to the destruction of evidence; namely, the victim's vehicle. Specifically, defendant contends the destruction of the vehicle while it was under state control deprived him of due process, and the trial court should have dismissed the indictment. Upon our review of the record, we conclude that we have no jurisdiction to address the certified question. The appeal is dismissed.
Sevier
Court of Criminal Appeals
Stephen L.Carey vs. State E2000-00847-CCA-R3-PC
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Richard R. Baumgartner
This is a post-conviction appeal. The petitioner is currently serving life as an habitual criminal plus a consecutive 105 years for other offenses, all imposed in 1987. The petitioner timely filed three petitions for post-conviction relief challenging his guilty pleas for offenses occurring in 1969, 1981, and 1983, all of which were subsequently used to establish his habitual criminal status. The petitioner attempted to amend his petitions for post-conviction relief by challenging two of his 1987 convictions, but it was denied as untimely. All petitions were dismissed by the trial court after a hearing. In this appeal as a matter of right, the petitioner contends (1) he received ineffective assistance of counsel and inadequate advice of his constitutional rights from the trial court, thereby rendering his guilty pleas involuntary and unknowing; and (2) the post-conviction court erroneously dismissed his amendment to the petition for post-conviction relief. After a thorough review of the record, we conclude that the post-conviction court correctly denied post-conviction relief.
Knox
Court of Criminal Appeals
State vs. Vance Shelton E2000-01632-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: James E. Beckner
Defendant was convicted of rape of a child and aggravated sexual battery. The defendant was sentenced to twenty-five years for rape of a child and twelve years for aggravated sexual battery, to run consecutively to each other and consecutively to a prior four-year sentence. In this appeal, the defendant makes the following allegations: (1) the evidence was insufficient to support his convictions; (2) the trial court erred in failing to grant a mistrial due to a variance between the indictment and the state's proof at trial; (3) the trial court erred in ruling his prior convictions for arson would be admissible if he testified; and (4) his sentences are excessive. Upon our review of the record, we remand for modification of the judgment for aggravated sexual battery to reflect the proper date of the offense, but affirm the judgments in all other respects.
Greene
Court of Criminal Appeals
State s. Ricky Eugene Cofer E2000-00532-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: E. Eugene Eblen
Defendant was indicted for aggravated robbery, and a Roane County jury found him guilty of the lesser offense of simple robbery, a Class C felony. The trial court sentenced him to six years as a Range II, multiple offender, to be served consecutively to a prior Anderson County sentence. In this appeal, defendant makes the following allegations: (1) the evidence was insufficient to support his conviction; (2) the jury foreman impermissibly interjected extraneous information into the jury deliberations; and (3) consecutive sentences were not warranted. Upon our review of the record, we affirm the judgment of the trial court.
Roane
Court of Criminal Appeals
State of Tennessee v. Harold L. Green E2000-00616-CCA-R10-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: James B. Scott, Jr.
Anderson
Court of Criminal Appeals
State vs. Jeffrey Dwight Whaley E2000-00646-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Richard R. Baumgartner
The trial court dismissed defendant's DUI presentment, finding a denial of the right to a preliminary hearing. Upon the state's appeal, we find no evidence of bad faith by the state. Accordingly, we reverse and remand to the trial court for further proceedings consistent with this opinion.
Knox
Court of Criminal Appeals
State vs. Garrison E1997-00045-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Thomas W. Graham
The defendant, John C. Garrison, was convicted by a jury of solicitation to commit first degree murder. In this appeal, he raises two issues: (1) whether trial counsel's failure to communicate a plea bargain offer from the State is per se prejudicial to the extent necessary to satisfy the prejudice prong of Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984); and (2) whether the trial court committed reversible error when it failed to instruct the jury that the "request," as used in the statutory definition of the offense of solicitation, must be intentional. After a thorough consideration of the record and a full review of the authorities, we conclude that trial counsel's failure to communicate a plea bargain offer does not demonstrate, alone, prejudice sufficient to satisfy the second prong of Strickland. We conclude also that the trial court's omission of certain required language from the jury instruction constitutes harmless error. The judgment of the Court of Criminal Appeals is, therefore, reversed and the case is dismissed.
