State of Tennessee v. David Frazier
The pro se defendant, David Frazier, appeals as of right from the Polk County Criminal Court’s order summarily dismissing his motion for correction of illegal sentence. Tenn. R. Crim. P. 36.1. The State has filed a motion to affirm the trial court’s order pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the order of the trial court. |
Polk | Court of Criminal Appeals | |
State of Tennessee v. Austin Randall Britt
The defendant, Austin Randall Britt, through counsel, appeals as of right from the Sullivan County Criminal Court’s order revoking his probation and ordering him to serve his sentence in the custody of the Department of Correction. The State has filed a motion to affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
Teddy Robbins, Jr. v. State of Tennessee
The Petitioner, Teddy Robbins, Jr., was convicted after a jury trial of domestic assault, aggravated assault, especially aggravated kidnapping, and aggravated rape for crimes committed against his wife, and he was sentenced to an aggregate sentence of fifty years’ imprisonment. The Petitioner filed a timely post-conviction petition, asserting that he received the ineffective assistance of counsel when his trial counsel failed to adequately prepare for trial and failed to present certain defense witnesses. After a hearing, the trial court found that counsel prepared adequately for trial, that a defense witness presented at the post-conviction hearing was not credible, and that the Petitioner failed to demonstrate any prejudice. The Petitioner appeals, contending that trial counsel’s testimony at the hearing demonstrated inadequate preparation and that as a result, his strategic decision not to call a witness was not entitled to deference. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Scott | Court of Criminal Appeals | |
Lorese Douglas Jones, et al. v. Stephen W. Behrman, et al.
This is a medical malpractice action in which the trial court granted summary judgment for failure to file suit within the applicable statute of limitations. We affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. David Wayne Hearing
The pro se appellant, David Wayne Hearing, appeals as of right from the Greene County Criminal Court’s order denying his motion for correction of clerical mistake. Tenn. R. Crim. P. 36. The State has filed a motion requesting that this court affirm the trial court’s denial of relief pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the judgment of the Greene County Criminal Court. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Terry Charles Jordan
Following the Defendant’s, Terry Charles Jordan’s, guilty-pleaded conviction for felony failure to appear, the trial court imposed a sentence of four years’ incarceration. The Defendant appeals, arguing that the trial court erred in enhancing his sentencing term to the maximum within the range because several of his felony convictions should have been merged. Following our review of the record, we affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Elgain Ricky Wilson
The Defendant, Elgain Ricky Wilson, pleaded guilty to first degree felony murder, armed robbery, and two counts of assault with the intent to commit armed robbery in 1984 and received an effective sentence of life imprisonment plus fifty years. Almost thirty-two years later, the Defendant filed a motion pursuant to Tennessee Criminal Procedure Rule 36.1 requesting that the trial court correct an illegal sentence because although the indictment alleged the murder victim was killed when the victim was being robbed, the evidence showed the murder victim was killed during the robbery of another person. As a result, the Defendant argued that his guilty plea was unknowing and involuntary and that he received the ineffective assistance of counsel. The trial court summarily dismissed the motion after determining that the Defendant’s motion failed to state a colorable claim for relief because the motion was not based upon the imposition of an illegal sentence but rather upon insufficient evidence and the ineffective assistance of counsel. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Rocky Burton
Defendant, Rocky Burton, was convicted by a Rutherford County Jury of felony vandalism, assault, disorderly conduct, and public intoxication after an incident involving his neighbor. He appeals, arguing that the trial court erred by allowing the State to use prior convictions to impeach him and that the State’s closing argument was improper. Because Defendant opened the door to impeachment by his own testimony and the State did not engage in improper closing argument, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Anthony Blackwell
The Defendant, Anthony Blackwell, was convicted by a Giles County jury of the aggravated rape of a child, a Class A felony, and sentenced as a Range III, Persistent Offender to fifty-years’ imprisonment at one-hundred percent service. On appeal, the Defendant contends that the evidence was insufficient to support his conviction, that the trial court erred by allowing certain medical testimony and records pertaining to “child sexual abuse,” and that his sentence was unlawful. Upon review, we affirm the judgment of the trial court. |
Giles | Court of Criminal Appeals | |
In Re: Francis P
The appellant, Tony P., filed a “Complaint and Petition to Terminate Parental Rights and/or for Adoption” in the Circuit Court for McMinn County (“trial court”) on September 18, 2015. This petition sought to terminate the parental rights of the “unknown father” of a child for whom Tony P. had signed a voluntary acknowledgment of paternity (“VAP”). Jon F. filed a motion to intervene, asserting that he was the biological father of the child. The trial court allowed Jon F. to intervene in the action pursuant to an agreed order. The child’s mother later filed a motion seeking to dismiss Tony P.’s petition for failure to state a claim upon which relief could be granted and lack of subject matter jurisdiction. By oral motion, Jon F. joined with the mother in seeking dismissal. The trial court entered a Memorandum and Order on August 15, 2016, finding that (1) Jon F. was the biological and legal father of the child, (2) Tony P.’s VAP had been rebutted, and (3) any and all parental rights of Tony P. as legal father were “terminated by operation of law under Tenn. Code Ann. § 36-1-102(28)(C).” The trial court entered a subsequent order dismissing the petition filed by Tony P. Tony P. timely appealed. Having determined that the trial court properly found that Jon F. challenged and rebutted the VAP executed by Tony P., we conclude that Tony P. no longer enjoyed any parental rights with regard to the child. Although we determine that the trial court erred by applying Tennessee Code Annotated § 36-1-102(28)(C) retrospectively to this action filed before the statutory subsection’s enactment, we determine this error to be harmless inasmuch as Tony P.’s parental rights were a nullity. We therefore modify the judgment to reflect that Tony P. had no parental rights to be terminated following the court’s rescission of the VAP. We affirm the trial court’s dismissal of Tony P.’s petition seeking termination of Jon F.’s parental rights. We decline to award fees and costs to the mother and Jon F. |
McMinn | Court of Appeals | |
State of Tennessee v. Ebony Houston
The Defendant, Ebony Houston, appeals the Wilson County Criminal Court’s finding of criminal contempt for failure to appear at a show cause hearing. The Defendant argues, and the State concedes, that the trial court violated her due process rights when it found her in contempt without providing notice or an opportunity to prepare for the hearing. Following our review, we reverse the Defendant’s conviction. |
Wilson | Court of Criminal Appeals | |
Carlos Smith v. State of Tennessee
The petitioner, Carlos Smith, appeals the denial of post-conviction relief from his 2012 Shelby County Criminal Court jury convictions of attempted second degree murder, aggravated assault, aggravated robbery, especially aggravated burglary, employing a firearm during the commission of a dangerous felony, and being a felon in possession of a handgun, claiming that he was denied the effective assistance of counsel at trial. Because the post-conviction court failed to make any findings with regard to the petitioner’s claim that trial counsel did not properly inform him of his potential sentencing exposure, we remand for the limited purpose of making the requisite findings on this issue. In all other respects, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Kimberly K. Carr v. Floyd K. Sutton
The State of Tennessee filed a petition in 2013 on behalf of the mother of a child who was born in 1996 to legitimate the child and to require the father to provide health insurance for the child; the requested relief was granted. In 2014, the mother filed a petition to set child support and, following a hearing before a juvenile court magistrate, the father was ordered to pay child support; the magistrate determined that child support should not be made retroactive to the birth of the child but, rather, to the date that the petition to have the child legitimated was filed. Mother appealed the decision to the juvenile judge; after a de novo hearing, the juvenile judge adopted the findings of the magistrate and ordered Father to pay support of $549.00 per month from the date the petition to legitimate was filed. Mother appeals the ruling, contending that the obligation to pay support should be retroactive to the date of the child’s birth. Concluding that the trial court did not abuse its discretion, we affirm the judgment. |
Sumner | Court of Appeals | |
Kenneth Jackson v. State of Tennessee
The Petitioner, Kenneth Jackson, appeals as of right from the Knox County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner contends that his guilty pleas were not voluntary because trial counsel stated that she was not prepared for trial the day before the trial was scheduled to begin. Discerning no error, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Marcus Johnson v. State of Tennessee
The pro se Petitioner, Marcus Johnson, appeals as of right from the Knox County Criminal Court’s order summarily denying his petition for post-conviction relief. The State has filed a motion requesting that this court affirm the trial court’s denial of relief pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the judgment of the Knox County Criminal Court. |
Knox | Court of Criminal Appeals | |
State of Tennessee Stephan Lajuan Beasley, Sr.
The pro se appellant, Stephan Lajuan Beasley, Sr., appeals as of right from the Hamilton County Criminal Court’s order denying his motion for correction of illegal sentence. Tenn. R. Crim. P. 36.1. The State has filed a motion requesting that this court affirm the trial court’s denial of relief pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the judgment of the Hamilton County Criminal Court. |
Hamilton | Court of Criminal Appeals | |
Phillip W. Kelley v. Shawn Phillips, Warden, et al.
The pro se Petitioner, Phillip W. Kelley, appeals as of right from the Morgan County Criminal Court’s order summarily dismissing his petition for writ of habeas corpus alleging that his 1982 convictions for three counts of first degree murder and one count of assault with intent to commit murder are void because the trial court’s minutes failed to reflect the indictments. The State has filed a motion to affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the judgment of the trial court. |
Morgan | Court of Criminal Appeals | |
Marquise Harris v. Gerald McAllister, Warden
The pro se petitioner, Marquise Harris, appeals as of right from the Johnson County Criminal Court’s order summarily dismissing his fourth petition for writ of habeas corpus alleging that his 2006 guilty-pleaded convictions for two counts of attempted first degree murder, two counts of aggravated assault, and one count of felonious possession of a weapon are void because the general sessions and trial courts did not have jurisdiction over him due to his alleged mental incompetency. The State has filed a motion to affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is welltaken and affirm the order of the trial court. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Willie Johnson
The pro se Appellant, Willie Johnson, appeals as of right from the Knox County Criminal Court’s order denying his motion to correct illegal sentence. Tenn. R. Crim. P. 36.1. The State has filed a motion to affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the order of the trial court. |
Knox | Court of Criminal Appeals | |
William B. Gatlin v. State of Tennessee
Petitioner, William B. Gatlin, appeals the denial of his petition for post-conviction relief. Petitioner alleges that the jury at his original trial was subjected to an improper outside influence, thereby violating his Sixth Amendment right to an impartial jury. Petitioner also contends that the post-conviction judge was disqualified and should have recused himself because he had also presided as the trial judge in Petitioner’s original trial. Upon our review of the record and applicable authorities, we affirm the judgment of the post-conviction court. |
Marshall | Court of Criminal Appeals | |
The Metropolitan Government of Nashville And Davidson County v. Delinquent Taxpayers As Shown On The 2006 Real Property Tax Records, et al
Delinquent taxpayer appeals the denial of his Tenn. R. Civ. P. 60.02(3) motion to set aside a 2009 final decree confirming a tax sale of his property as void on due process grounds. Having determined that the doctrine of collateral estoppel precluded the delinquent taxpayer from relitigating the issue of notice, we affirm. |
Davidson | Court of Appeals | |
Phillip Neal Kennedy v. Jane Kennedy
This post-divorce appeal concerns the father’s petition to modify the residential schedule in an agreed parenting plan. Following a hearing, the trial court found that a material change in circumstances necessitated a change in the schedule. The court modified the plan by awarding the father additional co-parenting time. The court also entered a new child support order and directed the mother to remit payment for retroactive child support and the father’s attorney fees. The mother appeals. We affirm. |
Williamson | Court of Appeals | |
Brenda Ramsey v. Cocke County, Tennessee, Et Al.
In this wrongful death action, the decedent’s mother filed suit alleging that the county emergency communications district and the city police department refused to send help when the plaintiff called to report that her daughter was making suicidal threats and that, as a result, her daughter committed suicide later the same night. The trial court granted summary judgment in favor of the defendants on the ground that the decedent’s suicide constituted an intervening, superseding cause. Viewing the evidence in the light most favorable to the plaintiff, we conclude that the decedent’s suicide was foreseeable and that the special duty exception to the public duty doctrine applies. We, therefore, reverse the trial court’s grant of summary judgment and remand for further proceedings. |
Cocke | Court of Appeals | |
State of Tennessee v. Robert G. Thornton, Jr.
Following a jury trial in Hickman County Circuit Court, Defendant, Robert G. Thornton, Jr., was convicted of two counts of rape. The trial court merged the convictions and sentenced Defendant to twelve years in the Department of Correction to be served at 100%. On appeal, Defendant argues: (1) that the trial court improperly refused to strike a juror for cause; (2) that the trial court erred by denying his motion for a mistrial; (3) that the evidence was not sufficient to support his rape convictions; and (4) that his sentence is excessive. After a thorough review of the record, we affirm the judgments of the trial court. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Daniel Inmon
Pro se Defendant, Daniel Inmon, was indicted by the Rutherford County grand jury with four counts of educational neglect, Tennessee Code Annotated sections 49-6-3001 to -3006, a class C misdemeanor, for failing to cause his four children to attend school for a period of seventeen days. He was subsequently convicted as charged and sentenced to thirty days supervised probation for each count, to be served consecutively. On appeal, the Defendant argues that the evidence was insufficient to sustain his convictions. Upon our review, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals |