State of Tennessee v. Terry Johnson
Following a jury trial Defendant, Terry Johnson, was convicted of aggravated robbery of a Family Dollar Store in Memphis. The offense involved the theft of merchandise from the store. The trial court sentenced Defendant to serve twenty years in the Tennessee Department of Correction. In this appeal, relying upon State v. Owens, 20 S.W.3d 634 (Tenn. 2000) and State v. Swift, 308 S.W.3d 827 (Tenn. 2010), Defendant asserts that the evidence is legally insufficient to support his conviction for aggravated robbery. Defendant also argues that the trial court erred by overruling his objection to testimony concerning another theft related offense by Defendant of the same store, also involving merchandise, which occurred about two weeks prior to the offense in the case sub judice. After a thorough analysis, we distinguish Owens and Swift. We also conclude that the admission into evidence of the prior theft related offense was not error. Accordingly, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Devaron Taylor
Defendant, Devaron Taylor, was indicted by the Shelby County Grand Jury for two counts of felony murder and one count each of aggravated burglary and attempt to commit especially aggravated robbery. Prior to trial, one count of felony murder was dismissed on motion of the State. Following a jury trial, Defendant was convicted of felony murder, attempt to commit especially aggravated robbery, and aggravated burglary. Defendant was sentenced to life imprisonment for his felony murder conviction and concurrent sentences of eight years for attempted robbery and three years for aggravated burglary for an effective sentence of life imprisonment. In this appeal, Defendant raises the following issues for our review: 1) whether the trial court erred by refusing to grant a mistrial after a juror was dismissed for sleeping; 2) whether the trial court erred by failing to restrict the State’s use of a hypothetical fact pattern during voir dire and by limiting Defendant’s voir dire. After a thorough review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Terry Johnson
Following a jury trial Defendant, Terry Johnson, was convicted of aggravated robbery of a Family Dollar Store in Memphis. The offense involved the theft of merchandise from the store. The trial court sentenced Defendant to serve twenty years in the Tennessee Department of Correction. In this appeal, relying upon State v. Owens, 20 S.W.3d 634 (Tenn. 2000) and State v. Swift, 308 S.W.3d 827 (Tenn. 2010), Defendant asserts that the evidence is legally insufficient to support his conviction for aggravated robbery. Defendant also argues that the trial court erred by overruling his objection to testimony concerning another theft related offense by Defendant of the same store, also involving merchandise, which occurred about two weeks prior to the offense in the case sub judice. After a thorough analysis, we distinguish Owens and Swift. We also conclude that the admission into evidence of the prior theft related offense was not error. Accordingly, we affirm the judgment of the |
Shelby | Court of Criminal Appeals | |
Stephanie Denise Phillips v. State of Tennessee
The Petitioner, Stephanie Denise Phillips, appeals as of right from the Cocke County Circuit Court’s denial of her petition for post-conviction relief. The Petitioner argues that errors in her trial denied her due process of law. Following our review, we affirm the judgment of the post-conviction court. |
Cocke | Court of Criminal Appeals | |
Jeanette Rae Jackson v. Bradley Kent Smith
This is a grandparent visitation case. Following the death of her daughter (the minor child’s mother), the Appellant grandmother petitioned the trial court for visitation rights with her granddaughter pursuant to Tennessee Code Annotated Section 36-6-306. The trial court denied visitation based upon its finding that Appellant had not carried her burden to demonstrate a danger of substantial harm to the child. No appeal was taken from this order. Subsequently, the Legislature amended Tennessee Code Annotated Section 36-6-306 to create a rebuttable presumption of substantial harm based upon the cessation of the relationship between the child and grandparent. After the law was changed, Appellant filed a second petition for visitation with her granddaughter, citing the amended statute as grounds for re-visiting the issue of visitation. The trial court granted Appellee father’s Tennessee Rule of Civil Procedure 12.02 motion to dismiss the second petition on the ground of res judicata. We conclude that the doctrine of res judicata may apply even though there has been an intervening change in the substantive law. However, because the prior order, upon which the trial court based its res judicata finding, is not in the appellate record, this Court cannot review the question of whether the motion to dismiss was properly granted. Affirmed. |
McNairy | Court of Appeals | |
Misty Nanette Brooks v. Stephen Earl Brooks
This case involves the filing of three separate orders of protection that were requested by Misty Nanette Brooks (“Wife”) seeking protection from Stephen Earl Brooks (“Husband”). Based upon Wife’s initial petition, the trial court issued the first order of protection, which included a provision regarding the division of the mortgage payment for the marital home. Wife subsequently filed a motion to show cause as to why Husband should not be held in contempt for violating the protective order, and the trial court entered a second order of protection that also included the mortgage rovision. Wife subsequently filed two motions to show cause as to why Husband should not be held in contempt for violating the second protective order. The first motion related to Husband’s unwanted contact with Wife, while the second motion related to the mortgage payment. Following a hearing on the first motion, the trial court entered a third order of protection that did not include the mortgage provision. Following a hearing on the second motion, an order was entered by the trial court evidencing an agreement between the parties that Husband was to pay his portion of the mortgage payment. Wife then filed another motion to show cause as to why Husband should not be held in contempt for his failure to pay his portion of the mortgage, and a hearing was held on that motion. The trial court dismissed the motion, finding that the court lacked jurisdiction to enter the order directing Husband to pay his portion of the mortgage. Wife appeals. We affirm the decision of the trial court. |
Knox | Court of Appeals | |
In Re: London V.P.
The Juvenile Court terminated the parental rights of Andre T. (“Father”) to the minor child London V. P. (“the Child”) pursuant to Tenn. Code Ann. § 36-1-113 (g)(1) and § 36-1-113 (g)(6) (2010). Father appeals the termination of his parental rights to this Court. We find and hold that clear and convincing evidence existed to terminate Father’s parental rights pursuant to Tenn. Code Ann. § 36-1-113 (g)(1) and § 36-1-113 (g)(6), and that clear and convincing evidence existed that the termination was in the Child’s best interest. We, therefore, affirm the Juvenile Court’s January 3, 2011 order terminating Father’s parental rights to the Child. |
Washington | Court of Appeals | |
Thaddius Brown v. State of Tennessee
In August 2003, the Petitioner, Thaddius Brown, pleaded guilty to multiple counts of especially aggravated kidnapping and aggravated robbery. Pursuant to the terms of the plea agreement, he received an effective twenty-year sentence. He subsequently filed a petition for post-conviction relief, and the post-conviction court denied relief. On appeal, the crux of the Petitioner’s argument is that he received an illegal sentence because both boxes were checked on his judgment forms for especially aggravated kidnapping indicating that his sentences should run at 30% and 100%. The post-conviction court found that the error in the Petitioner’s judgment forms was a clerical error and that his plea was voluntarily and knowingly entered. We agree. We remand solely for entry of corrected judgment forms to reflect a single release eligibility of 100% for the Petitioner’s especially aggravated kidnapping convictions. |
Shelby | Court of Criminal Appeals | |
Daniel Deeter v. Cherry Lindamood, Warden
The Petitioner, Daniel Deeter, appeals from the dismissal of his petition for the writ of habeas corpus. 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. We find the State’s motion has merit. Accordingly, the motion is granted and the judgment of the trial court is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Tavares Duone Braden
A Davidson Countyjuryconvicted the Defendant,Tavares Duone Braden,for the sale of less than 0.5 grams of cocaine, possession with intent to sell 0.5 grams or more of cocaine, promotion of prostitution, possession of marijuana, and evading arrest. The trial court sentenced the Defendant to an effective sentence of eighteen years in the Tennessee Department of Corrections. On appeal, the Defendant contends: (1) the evidence is insufficient to sustain his convictions; (2) the trial court erred when it denied his motion for judgment of acquittal; (3) the trial court imposed an excessive sentence; and (4) he received the ineffective assistance of counsel. After a thorough review of the record and applicable authorities,we conclude the evidence is sufficient to sustain the Defendant’s convictions and that the trial court properly sentenced him. We, therefore, affirm the trial court’s judgments. |
Davidson | Court of Criminal Appeals | |
Maxine Watley v. Whirlpool Corporation and Sue Ann Head, Administrator, Second Injury Fund
In this workers’ compensation case, the employee injured her lower back at work in May 2006. She received medical treatment for a short period of time and was then released by her doctor. In July 2007, she consulted a neurosurgeon for continuing lower back pain. Around the same time, she accepted a voluntary layoff from her employer, then retired. She later had two surgeries on her lower back: a discectomy in October 2007, and a fusion in April 2008. She filed this action, alleging that the surgeries and resulting disability were caused by her employment. Her employer denied the claim. The trial court found that the October 2007 surgery was caused by her May 2006 injury, but the April 2008 surgery was not. It further found that her award of permanent disability benefits was “capped” at one and one-half times her anatomical impairment due to her voluntary retirement. Her employer has appealed, contending that the trial court erred by finding her claim was not barred by the statute of limitations, and by using an incorrect impairment rating as the basis of its award. Employee contends that the trial court erred by failing to find that she was permanently and totally disabled. We affirm. |
Rutherford | Workers Compensation Panel | |
Bobby Murray, et al. v. Dennis Miracle, et al.
The plaintiffs, Bobby Murray and Loretta Murray (“the Murrays”), asserted a complaint against the defendants, Dennis Miracle and Robert Daniel Smith, for denying them access to a road and interfering with their use and enjoyment of their property. After several hearings, the trial court concluded that the Murrays were not following the court’s orders and dismissed their claims against both Mr. Miracle and Mr. Smith without prejudice. The Murrays appeal. We reverse. |
Roane | Court of Appeals | |
James Eldridge v. Katie Hundley
Father filed a petition to modify the juvenile court’s order naming Mother primary residential parent and establishing a visitation schedule. The trial court modified the visitation schedule, but did not establish visitation as requested by Father. Father appeals. We affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Richard E. Brown, Jr.
Following a bench trial, the Defendant, Richard E. Brown, Jr., was convicted of one count of driving on a revoked license. See Tenn. Code Ann. § 55-50-504. In this appeal as of right, the Defendant contends (1) that the trial court improperly found him guilty of driving on a revoked license when the indictment charged him with driving on a suspended license; (2) that he could not be convicted of driving on a revoked license because the Department of Safety never revoked his license; and (3) that he did not effectively waive his right to a jury trial. Following our review, we conclude that the Defendant’s driver’s license had not been revoked, as the term is defined in Tennessee Code Annotated section 55-50-102, prior to the alleged criminal act. Accordingly, we reverse and dismiss the Defendant’s conviction for driving on a revoked license. |
Williamson | Court of Criminal Appeals | |
Kynaston Scott v. State of Tennessee
The Petitioner, Kynaston Scott, appeals as of right from the Davidson County Criminal Court’s dismissal of his petition for a writ of error coram nobis. The Petitioner contends that the coram nobis court erred by summarily dismissing his petition without an evidentiary hearing. Following our review, we affirm the judgment of the coram nobis court. |
Davidson | Court of Criminal Appeals | |
Boyd L. Hughes et al v. Curtis E. Hughes, Executor Of The Estate Of Lucille C. Luttrell
This is a will contest case in which the plaintiffs attempt to invalidate the will of Lucille C. Luttrell due to her supposed lack of testamentary capacity. The executor of Ms.Luttrell’s estate filed two motions for summary judgment. The first one was denied; the second one was granted. The court ultimately held that the affidavits of medical doctors who evaluated the testator’s mental faculties approximately six months before she signed her will do not create a genuine issue of fact regarding her testamentary capacity at the time she signed the will. The plaintiffs appeal. We vacate the order granting summary judgment and remand for further proceedings. |
Hamilton | Court of Appeals | |
Sean L. Johnson v. Randstad North America, L.P. and Ace American Insurance Company
Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. The employee suffered an episode of serious breathing difficulty after work while at home. He was transported by ambulance to a hospital where an emergency tracheotomy was performed to allow him to breathe. He alleged that this episode was caused by exposure to airborne contaminants in his workplace. His employer denied the claim. The trial court found that the employee had sustained a compensable injury and awarded permanent total disability benefits. The employer has appealed, contending that the trial court erred by finding that employee had a compensable injury, and by finding him to be permanently and totally disabled. We affirm the judgment. |
Lawrence | Workers Compensation Panel | |
Naomi Jewell Kelley v. Union Carbide Corporation
This case involves a claim for workers’ compensation benefits by the dependent spouse of a deceased employee. The decedent was exposed to asbestos in the course of his employment and contracted asbestosis as a result. His claim for benefits was settled in 1991. He died in December 2007, and his widow filed this action seeking death benefits under the workers’ compensation law. The trial court awarded benefits, and the employer has appealed, contending that the widow’s claim was barred by the terms of the 1991 settlement. The widow contends that the trial court incorrectly set the rate at which benefits are to be paid. We affirm the judgment. |
Maury | Workers Compensation Panel | |
State of Tennessee v. Matthew Perry
A Shelby County jury convicted the Defendant, Matthew Perry, of first degree felony murder and attempted aggravated robbery, and the trial court sentenced the Defendant to serve an effective sentence of life in the Tennessee Department of Correction. On appeal, the Defendant contends that the trial court erred when it: (1) denied a pretrial motion to suppress his admissions to police; (2) improperly allowed certain photographs of the victim into evidence at trial; and (3) allowed irrelevant testimony. Finally, the Defendant asserts that the evidence is insufficient to support his convictions. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Steven Malone
A Shelby County jury convicted the Defendant, Steven Malone, of second-degree murder and aggravated assault. He was sentenced to concurrent sentences of twenty-five years for the second-degree murder and four years for the aggravated assault. On appeal, the Defendant argues that the evidence was insufficient to sustain his conviction for second-degree murder, that the State failed to establish a proper chain of custody as to certain evidence, that extraneous information improperly influenced the jury’s verdict, and that cumulative error requires a reversal of his convictions. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Robert Earl Smith v. State of Tennessee
The petitioner, Robert Earl Smith, appeals from the denial of post-conviction relief by the Criminal Court for Shelby County. He was originally convicted of second degree murder and received a sixty-year sentence as a Range III, career offender. In this appeal, the petitioner claims that he received ineffective assistance of counsel based on the following grounds: (1) trial counsel’s failure to argue the standard of proof beyond a reasonable doubt during closing argument; (2) trial counsel’s failure to prepare and investigate the case; (3) trial counsel’s failure to challenge the validity of four prior felony convictions at sentencing; and (4) appellate counsel’s failure to argue the validity of the same prior convictions on appeal. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Elmer Harris v. State of Tennessee
The Petitioner, Elmer Harris, appeals the post-conviction court’s denial of his petition for post-conviction relief. He was convicted by a jury of aggravated assault, attempted aggravated robbery, and aggravated robbery. The Petitioner received an effective sentence of twenty-nine years in confinement. In this appeal, he argues that he was denied the effective assistance of counsel at trial and on appeal. He claims that trial counsel was ineffective for failing to adequately investigate witnesses, failing to question discrepancies in the witnesses’ statements, and failing to provide complete discovery until after trial. He further claims appellate counsel was ineffective because the Petitioner was not notified that his direct appeal had been denied until after the deadline to file a Rule 11 appeal to the Tennessee Supreme Court had expired. We affirm the judgment of the post-conviction court with respect to trial counsel. In regard to appellate counsel, we conclude that the Petitioner is entitled to petition the Tennessee Supreme Court for further review pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure. |
Shelby | Court of Criminal Appeals | |
Artis Whitehead v. State of Tennessee
The petitioner, Artis Whitehead, appeals from the denial of his untimely petition for postconviction relief. The post-conviction court denied the petition after finding that due process concerns did not toll the statute of limitations. The petitioner argues that due process concerns should toll the statute of limitations because (1) appellate counsel still represented him when she sent a letter informing him of the incorrect deadline for filing his petition for post-conviction relief and (2) that incorrect information was a misrepresentation sufficient to cause due process concerns to toll the statute of limitations. Upon our careful review of the record, the parties’ arguments, and the applicable law, we affirm the denial of postconviction relief. |
Shelby | Court of Criminal Appeals | |
O'Rane M. Cornish, Sr. v. The City of Memphis, et al.
Petitioner filed a complaint for declaratory judgment seeking a declaration that the city council’s decision one year earlier to grant a special use permit was arbitrary and capricious. The trial court dismissed the complaint upon concluding that the petitioner should have challenged the decision by filing a petition for writ of certiorari within sixty days. We affirm. |
Shelby | Court of Appeals | |
Daniel H. Jones v. Mark Gwyn, Director, et al.
Daniel H. Jones (“Jones”) filed a petition for writ of mandamus against Mark Gwyn and Avis Stone (“Respondents”), Director and Coordinator, respectively, of the Tennessee Bureau of Investigation (“TBI”), in the Circuit Court for Sullivan County (“the Trial Court”).1 Jones sought to have the Trial Court direct Respondents to act on an earlier order by the Criminal Court for Sullivan County at Blountville, Tennessee (“the Criminal Court”) to expunge all public records related to a dismissed rape charge against Jones. Respondents moved to dismiss. The Trial Court granted Respondents’ motion to dismiss on the basis of improper venue. Jones appeals. We find that the Trial Court did not err in dismissing Jones’s petition. We affirm the judgment of the Trial Court. |
Sullivan | Court of Appeals |