State of Tennessee v. David Ingram Ownby, Alias
Following the Knox County Criminal Court’s denial of his motion to suppress evidence, the Defendant, David Ingram Ownby, alias, entered a guilty plea to driving under the influence (DUI), first offense. The trial court sentenced the Defendant to forty-eight hours incarceration, placed him on unsupervised probation for eleven months and twenty-nine days, and ordered the Defendant to pay a $350 fine. Pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure, the Defendant reserved a two-part certified question of law challenging the legality of his seizure and subsequent arrest. Following our review, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. David Ingram Ownby, Alias - concurring
I concur in that the facts of the case would engender a reasonable suspicion that the defendant was driving while impaired. I would emphasize that the presence of the defendant’s vehicle headed in the wrong direction in the restaurant’s drive-through lane, in addition to the condition of the driver, is the fact that justifies the seizure. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Alan Bryant Minchew
The defendant, Alan Bryant Minchew, pleaded guilty to first offense driving under the influence of an intoxicant (“DUI”) with a blood alcohol level of .08% or more and reserved as a certified question the propriety of the vehicle stop leading to his arrest. Determining that the evidence does not preponderate against the trial court’s findings in its order denying the motion to suppress, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Christopher Earl Watts
A Davidson County Criminal Court Jury convicted the appellant, Christopher Earl Watts, of four counts of aggravated child abuse, two counts of aggravated child neglect, and one count of child neglect. After a sentencing hearing, the appellant received an effective sentence of seventy-five years to be served at one hundred percent. On appeal, the appellant contends that (1) the trial court erred by denying his motion to sever the offenses; (2) the trial court erred by instructing the jury that the appellant’s co-defendant was an accomplice; (3) the evidence is insufficient to support the convictions; (4) the trial court erred by failing to merge the appellant’s aggravated child neglect convictions; and (5) his effective sentence is excessive. The State concedes that the trial court erred by failing to merge the appellant’s aggravated child neglect convictions. We conclude that the trial court erred by failing to grant the appellant’s motion to sever but that the error was harmless. We also conclude that the evidence is insufficient to support one of the appellant’s convictions for aggravated child abuse, one of his convictions for aggravated child neglect, and his conviction for child neglect. The appellant’s remaining convictions and effective seventy-five-year sentence are affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Brian Montrel Brawner, Randy Leon Miller, and Sam Edward Stevenson
The Madison County Grand Jury indicted the defendants, Brian Montrel Brawner, Randy Leon Miller, and Sam Edward Stevenson, with attempted first degree murder, aggravated assault, especially aggravated kidnapping, and aggravated arson for having assaulted, kidnapped, and set fire to the victim, Freddy Jones. At the conclusion of their joint trial, a Madison County jury convicted Defendants Brawner and Stevenson of aggravated assault, especially aggravated kidnapping, and facilitation of attempted first degree murder. The jury convicted Defendant Miller of aggravated assault, aggravated arson, especially aggravated kidnapping, and attempted first degree murder. The trial court merged Defendant Brawner’s and Defendant Stevenson’s aggravated assault convictions into their convictions for facilitation of attempted first degree murder and sentenced them to effective terms of thirty and fifty-three years, respectively. The trial court merged Defendant Miller’s aggravated assault conviction into his conviction for attempted first degree murder and sentenced him to an effective term of forty years in the Department of Correction. Defendant Miller raises the following four issues on appeal: (1) whether the evidence was sufficient to sustain his convictions for aggravated arson and especially aggravated kidnapping; (2) whether his dual convictions for attempted first degree murder and aggravated arson violate principles of double jeopardy; (3) whether the State should have been required to make an election of offenses for the aggravated assault charges; and (4) whether the trial court erred by ordering consecutive sentencing. Defendant Stevenson raises essentially two issues on appeal: (1) whether the evidence was sufficient to sustain his convictions for facilitation of attempted first degree murder and especially aggravated kidnapping; and (2) whether the State should have been required to elect the offenses for his aggravated assault charges. Defendant Brawner challenges the sufficiency of the evidence in support of his convictions for facilitation of attempted first degree murder and especially aggravated kidnapping. Following our review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Chesney Cheyenne Bowling
The Defendant, Chesney Cheyenne Bowling, was sentenced by agreement to consecutive sentences of three and one-half years and eleven months and twenty-nine days following her plea of guilty to various drug-related offenses. It is from the trial court’s denial of alternative sentencing that the Defendant appeals. Specifically, the Defendant argues that the trial court attributed excessive weight to her criminal history while not attributing sufficient weight to proof she offered in mitigation. Following our review, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Patricia Adkisson
The defendant, Patricia Adkisson, appeals her Hickman County Circuit Court jury convictions of 14 counts of aggravated cruelty to animals, see T.C.A. § 39-14-212, 16 counts of cruelty to animals, see id. § 39-14-202(a)(2), one count of the unlawful sale or transportation of dogs or cats, see id. § 44-17-103(a), and one count of unlawful administration of rabies vaccination, see id. § 68-8-103(d), for which she received an effective sentence of five years’ probation to be supervised in a community corrections program, see id. § 40-36-106(f), followed by five years of traditional probation, see id. § 4035-303. On appeal, she contends that trial counsel committed ineffective assistance of counsel, that the State failed to provide exculpatory material, and that the trial court imposed an excessive sentence. Discerning no error, we affirm the judgments of the trial court. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Jeremiah Dawson
A Shelby County Criminal Court Jury convicted the appellant, Jeremiah Dawson, of aggravated robbery, a Class B felony; carjacking, a Class B felony; and employing a firearm during the commission of a dangerous felony, a Class C felony. After a sentencing hearing, the appellant received an effective sentence of fourteen years in confinement. On appeal, the appellant contends that (1) his dual convictions for carjacking and employing a firearm during the commission of a dangerous felony violate double jeopardy and (2) the evidence is insufficient to support the convictions. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that dual convictions for carjacking by use of force or intimidation and employing a firearm during the commission of a dangerous felony do not violate double jeopardy and that the evidence is sufficient to support the convictions. Nevertheless, we conclude that the appellant’s convictions for carjacking and employing a firearm must be reversed because the trial court improperly instructed the jury. Therefore, the case is remanded to the trial court for a new trial as to those offenses. The appellant’s conviction for aggravated robbery is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Small
A Shelby County jury convicted the defendant, Michael Small, of two counts of aggravated robbery, Class B felonies, in case number 01-00913 and two counts of aggravated robbery, Class B felonies, in case number 01-00914. In each case, the trial court merged the convictions and sentenced the defendant as a Range II, multiple offender to twenty years in the Tennessee Department of Correction. The trial court ordered the defendant to serve his sentences in 01-00913 and 01-00914 concurrently with each other and consecutively to the defendant’s sentence in 01-00926. On appeal, the defendant argues that the trial court erred by (1) finding that the defendant’s right to a speedy trial had not been violated; (2) not striking the jury venire after a prospective juror’s outburst; and (3) not declaring a mistrial after the jury indicated it could not reach a unanimous verdict. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Dennis Burnett v. State of Tennessee
The petitioner, Dennis Burnett, appeals the Monroe County Criminal Court's denial of post-conviction relief from his second degree murder conviction. He argues that trial counsel was ineffective in failing to admit at trial a statement of an alleged witness who invoked the Fifth Amendment upon being subpoenaed to testify; advising the jury during voir dire that he, trial counsel, had been previously indicted; failing to respond to a judgment of conviction belonging to Burnett's co-defendant found in the jurors' bathroom furing trial; failing to adequately prepare Burnett to testify; failing to investigate and call Michael Gibson as a trial witness; and failing to preserve issues in a motion for new trial thereby securing review on direct appeal. Upon review, we affirm the judgment of the post-conviction court. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Wade Osborne
Defendant-Appellant, Jeffrey Wade Osborne, was convicted after a bench trial for failure to appear, a Class E felony. He was sentenced to five years in the Tennessee Department of Correction as a Range III, persistent offender. On appeal, Osborne argues that the trial court erred by (1) denying his motion for judgment of acquittal at the conclusion of the State’s proof, (2) relying on evidence that was not introduced at trial, namely Osborne’s signature on a form waiving his right to a jury trial, and (3) allowing the case to proceed to trial before the completion of a mental evaluation assessing Osborne’s diminished capacity at the time of the offense. Upon review, we affirm the judgment of the trial court |
Williamson | Court of Criminal Appeals | |
Brandon Watson v. State of Tennessee
The Petitioner, Brandon Watson, appeals the Davidson County Criminal Court’s denial of post-conviction relief from his convictions for two counts of aggravated robbery and his effective eight-year sentence. On appeal, the Petitioner contends that his guilty pleas were not knowingly and voluntarily entered. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Gary V. Bullard v. State of Tennessee
The Petitioner, Gary V. Bullard, appeals from the Rutherford County Circuit Court’s denial of his petition for post-conviction relief. After trial, a jury convicted him of attempted aggravated rape, a Class B felony, and aggravated assault, a Class C felony. In this appeal, Bullard argues that he received the ineffective assistance of counsel based on a failure to (1) sufficiently cross-examine the investigating police officer,(2) cross-examine the victim,and (3) offer any proof in defense.Upon review, we affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Martin
The defendant, Jeffrey Martin, was convicted by a Maury County jury of sale of cocaine in an amount of .5 grams or more, a Class B felony. Following a hearing, the trial court sentenced him, as a Range III offender,to twenty-five years in the Department of Correction. The court further ordered that the sentence be served consecutively to prior unserved sentences in separate cases. On appeal, the defendant contends that: (1) the evidence is insufficient to support his conviction; (2) the trial court erred in sentencing him as a Range III offender; and (3) the trial court erred in imposing consecutive sentencing. Following review of the record, we find no error and affirm the conviction and sentence. |
Maury | Court of Criminal Appeals | |
Priscilla Lee Slagle v. Lawrence Fred Slagle
This is a divorce case. The parties are Priscilla Lee Slagle (“Wife”) and Lawrence Fred Slagle (“Husband”). They were married for more than thirty years and, prior to the entry of the divorce judgment, they shared the custody of their adopted grandson (“the Child”). Wife sued for divorce on the grounds of inappropriate marital conduct and irreconcilable differences. Husband filed a counterclaim on the same grounds. At a pre-trial hearing, the court held Husband in contempt for violating the statutorily-mandated injunction prohibiting, among other things, the transferring of or the borrowing against “any marital property.” Following the trial, the court additionally found Husband in contempt (1) for failing to comply with discovery requests and (2) for dissipating marital assets. Husband left the country and did not appear at trial. The court granted Wife a divorce predicated on Husband’s inappropriate marital conduct; designated Wife as the Child’s primary residential parent; and prohibited any contact between Husband and the Child until he had purged himself of contempt. The court classified and divided the parties’ assets, awarded Wife $5,000 a month in alimony in futuro, and set Husband’s child support obligation. Husband appeals. He challenges the contempt findings and some financial aspects of the court’s decree. We reverse that part of the judgment barring contact between Husband and the child and downwardly adjust the award of alimony to $3,200 per month. In all other respects, the judgment is affirmed. |
Cumberland | Court of Appeals | |
State of Tennessee v. Sean Higgins
A Shelby County Criminal Court jury found the appellant, Sean Higgins, guilty of driving under the influence (DUI) and reckless driving. The appellant received a total effective sentence of eleven months and twenty-nine days. On appeal, the appellant argues that the evidence was insufficient to sustain his convictions and that the trial court’s allowing the State to question the appellant regarding “the whereabouts of his witnesses and why they were not present to testify on his behalf” shifted the burden of proof to the appellant. Upon review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
In Re: Roni M.H.
The Juvenile Court for Bradley County (“the Juvenile Court”), upon a petition by the State of Tennessee, Department of Children’s Services (“DCS”) and following a trial, terminated the parental rights of Debbie D. (“Mother”) to the minor child Roni M.H. (“the Child”) pursuant to Tenn. Code Ann. § 36-1-113 (g)(1) and Tenn. Code Ann. § 36-1-113 (g)(3) (2010). Mother appeals the termination of her parental rights. We find and hold that clear and convincing evidence existed to terminate Mother’s parental rights pursuant to Tenn. Code Ann. § 36-1-113 (g)(1) and Tenn. Code Ann. § 36-1-113 (g)(3), and that clear and convincing evidence existed that the termination was in the Child’s best interest. We, therefore, affirm the Juvenile Court’s order terminating Mother’s parental rights to the Child. |
Bradley | Court of Appeals | |
LVNV Funding, LLC as Assignee of Sears Gold Mastercard v. Kevin Mastaw
This appeal concerns the collection of credit card debt. The plaintiff, a subsequent purchaser of the debt, filed this collection action against the appellant debtor. On appeal, the appellant debtor argues, inter alia, that the trial court erred in admitting into evidence various documents from a previous owner of the debt, pursuant to the hearsay exception for business records under Tenn. R. Evid. Rule 803(6). We hold that two of the exhibits were not appropriately admitted into evidence under the business records exception. Without those exhibits, we find that the evidence preponderates against the trial court’s judgment in favor of the creditor, and reverse. |
Davidson | Court of Appeals | |
H. Jewell Tindell v. Callie A. West, et al.
A dispute over the extent of lawn being mowed and the manner in which it was being mowed |
Knox | Court of Appeals | |
State of Tennessee v. Ronald Duckett
Defendant, Ronald Duckett, was indicted by the Shelby County Grand Jury for two counts of first degree premeditated murder. Following a jury trial, Defendant was convicted as charged and sentenced by the trial court to serve two concurrent life sentences. In this direct appeal, Defendant asserts that: 1) the trial court erred in refusing to instruct the jury as to voluntary intoxication; 2) the evidence at trial was insufficient to support his convictions; and 3) the trial court erred by reconvening the jury to alter its verdict after the jury had been discharged. Finding no error, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Roy Allen Scott v. David Osborne, Warden
Petitioner, Roy Allen Scott, appeals the Morgan County Criminal Court’s summary dismissal of his petition for writ of habeas corpus. He claims entitlement to habeas corpus relief because the trial court for the underlying convictions was without jurisdiction to enter his conviction for aggravated assault. In addition, he contends that his convictions for driving under the influence and vehicular assault violate double jeopardy principles. Discerning no error, we affirm the judgment of the habeas corpus court. |
Morgan | Court of Criminal Appeals | |
Milton Lee Cooper v. Howard Carlton, Warden
Petitioner, Milton Lee Cooper, appeals the Johnson County Criminal Court’s summary dismissal of his petition for writ of habeas corpus. In this appeal, petitioner claims entitlement to habeas corpus relief because of alleged jurisdictional defects in the indictment. He also contends that the trial court constructively amended the indictment by its jury instructions. Discerning no error, we affirm the judgment of the habeas corpus court. |
Johnson | Court of Criminal Appeals | |
Randall Norwood v. Maytag Corporation d/b/a Maytag Jackson Dishwashing Products
In this workers’ compensation action, the employee contended that he struck his head against the casing of a conveyor belt, causing permanent and total disability due to a resulting cervical strain and mental injury. His employer denied that he sustained any permanent disability as a result of the incident. The trial court awarded 95% permanent partial disability benefits. The employer has appealed, contending that the evidence preponderates against the trial court’s finding. We affirm the judgment. |
Henderson | Workers Compensation Panel | |
Donna Bellomy v. AutoZone, Inc.
The plaintiff in this case is Donna Bellomy. The defendant is a prior employer of hers, AutoZone, Inc. In Bellomy v. AutoZone, Inc., No. E2009-00351-COA-R3-CV, 2009 WL 4059158 (Tenn. Ct. App. E.S., filed Nov. 24, 2009) (“Bellomy I”), we vacated, in part, a summary judgment dismissing the Plaintiff’s entire complaint. We held that the Plaintiff had created genuine issues of material fact with respect to her Tennessee Human Rights Act (“THRA”) claims. On remand, the case progressed through discovery and opening statements, following which the trial court granted a mistrial, holding that the Plaintiff had violated certain rulings made by the court on AutoZone’s motions in limine. The court later granted the defendant partial summary judgment and dismissed the constructive discharge aspect of the Plaintiff’s THRA claims. In the same order, the trial court held the Plaintiff in civil contempt and ruled that the dismissal of the constructive discharge claim was also appropriate as a sanction for violating the court’s rulings entered on AutoZone’s motions. The Plaintiff appeals. We vacate the judgment of dismissal and all other orders of the trial court inconsistent with this opinion and remand for further proceedings. |
Hamilton | Court of Appeals | |
State of Tennessee v. Nathaniel P. Carson
A Davidson County Criminal Court jury convicted the appellant, Nathaniel P.Carson, of two counts of first degree felony murder and two counts of especially aggravated robbery. After a sentencing hearing, the trial court sentenced him to concurrent sentences of life for the murder convictions and fifteen years for the especially aggravated robbery convictions. On appeal, the appellant contends that (1) the evidence is insufficient to support the convictions, (2) the trial court allowed improper evidence under Rule 404(b), Tennessee Rules of Evidence, and (3) the trial court should have granted his motion to suppress telephone records. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals |