Dorothy Denise Cross v. State of Tennessee
The Petitioner, Dorothy Denise Cross, filed a petition for post-conviction relief from her assault conviction, alleging that trial counsel was ineffective by failing to seek a continuance due to the Petitioner’s mental health issues. The post-conviction court denied the petition, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Latisha Jones v. Trinity Minter, Warden
The Petitioner, Latisha Jones, appeals the Shelby County Criminal Court’s denial of her petition for a writ of habeas corpus, wherein she sought relief from her convictions for first degree felony murder and especially aggravated robbery. In this appeal as of right, the Petitioner alleges that her convictions are void because she was illegally extradited from Mississippi to Tennessee, depriving the trial court of lawful jurisdiction. Discerning no error, we affirm the judgment of the habeas corpus court. |
Shelby | Court of Criminal Appeals | |
Charvasea Lancaster v. State of Tennessee
The Petitioner, Charvasea Lancaster, appeals from the Madison County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner contends that his guilty pleas were not knowingly and voluntarily entered because his trial counsel was ineffective in explaining the possible sentencing outcomes to him. Following our review, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
In Re Jabari B.
This appeal involves the termination of a mother’s parental rights to her minor child. Following a bench trial, the trial court found that clear and convincing evidence existed to support the termination of the mother’s parental rights on the statutory grounds of abandonment for failure to provide a suitable home, substantial noncompliance with the requirements of the permanency plan, and the persistence of conditions which led to removal. The court further found that termination of the mother’s rights was in the best interest of the child. The mother appeals. We affirm. |
Davidson | Court of Appeals | |
Suntrust Bank v. Matthew Robert Ritter
A bank filed an action against a debtor to collect the outstanding balance on an installment loan approximately five and one-half years after the cause of action accrued. After finding that Florida’s five-year statute of limitations for actions on contracts applied, the trial court denied the bank’s motion for summary judgment and granted the debtor’s motion to dismiss for failure to state a claim. The bank appeals, and we reverse the trial court’s judgment. |
Rhea | Court of Appeals | |
State of Tennessee v. Edward Jerome Harbison
The defendant, Edward Jerome Harbison, was convicted of first-degree murder, second degree burglary, and grand larceny for the 1983 death of Edith Russell and sentenced to death. State v. Harbison, 704 S.W.2d 314 (Tenn. 1986). The defendant’s death sentence was eventually commuted, and he is currently serving a term of life imprisonment without the possibility of parole. After numerous appeals, the defendant filed the present motion to correct an illegal sentence pursuant Tennessee Rule of Criminal Procedure 36.1. The defendant argues his sentence under the prior Tennessee statute, Tennessee Code Annotated § 39-2-202(a) (1982), is unconstitutional in addition to a plethora of other claims. Having reviewed the record and the procedural history of the defendant’s convictions, we conclude that the defendant’s claims are either not cognizable under Rule 36.1 and/or have been previously reviewed and resolved by our courts. As a result, the defendant is not entitled to relief. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Sandra Kay Stutts
The Defendant, Sandra Kay Stutts, was convicted by a Dyer County jury of one count of burglary of an automobile and one count of misdemeanor theft of property valued at $500 or less. The trial court sentenced the Defendant to one year in confinement for burglary of an automobile and to eleven months and twenty-nine days for misdemeanor theft and ordered the sentences to run concurrently. The trial court ordered the Defendant to serve sixty days of her sentence in confinement and the remainder on supervised probation. On appeal, the Defendant argues that the evidence was insufficient to convict her of burglary and of theft and that the trial court erred in sentencing her to continuous confinement for the non-violent property offense of burglary of an automobile. After a thorough review, we affirm the judgments of the trial court with respect to sufficiency of the evidence for both convictions but reverse the judgment for burglary of an automobile as to sentencing and remand for imposition of an appropriate sentence. |
Dyer | Court of Criminal Appeals | |
Starlink Logistics, Inc. v. ACC, LLC, Et Al.
In this case, several entities were attempting to address the pollution issues of Sugar Creek and Arrow Lake. An Amended and Restated Consent Order was approved. StarLink Logistics, Inc., a property owner, appealed. Initially, this court reversed. After an appeal, the Supreme Court of Tennessee remanded for this court to review under the proper standard of review. We now affirm the trial court’s decision to approve the Consent Order. |
Davidson | Court of Appeals | |
In Re Michael J.
Putative father appeals the juvenile court’s adjudication of parentage, arguing that the court erred in considering a paternity test report previously entered as an exhibit in proceedings before a magistrate. Although the court erred in taking judicial notice of the report, we conclude the error was harmless. We also conclude that the preponderance of the evidence supports the court’s paternity determination. Thus, we affirm. |
Rutherford | Court of Appeals | |
TWB Architects, Inc. v. The Braxton, LLC, Et Al.
This is the second appeal in a dispute over enforcement of a mechanic’s lien. An architect entered into an architect agreement with the developer to build a condominium project in Ashland City, Tennessee. The architect later entered into a purchase agreement with the successor developer to receive a penthouse as “consideration of design fees owed” on the first contract. The architect never received payment for its work and filed suit against the successor developer and its surety to enforce its mechanic’s lien for the amount owed under the architect agreement. The trial court held that the purchase agreement was a novation, extinguishing the rights and obligations of the parties under the architect agreement. In the first appeal, this Court found a lack of intent for a novation and, therefore, reversed the decision of the trial court and remanded the case for further proceedings. On remand, after additional discovery, the architect moved for summary judgment on its claim. The trial court granted summary judgment in favor of the architect. In this appeal, the developer argues that the trial court erred in granting summary judgment on its defense of novation and multiple other defenses. We affirm the decision of the trial court. |
Cheatham | Court of Appeals | |
State of Tennessee v. Roy Lee Ellis
The Carroll County Grand Jury issued a five-count indictment in Case No. 2015-CR-8, charging Roy Lee Ellis (“the Defendant”) with especially aggravated kidnapping, aggravated rape, aggravated assault, possession of drug paraphernalia, and theft of services. Following a jury trial, the Defendant was found guilty of possession of drug paraphernalia but was acquitted of especially aggravated kidnapping, aggravated rape, and aggravated assault of A.H., an adult female. The theft of services count was not presented to the jury. Based on video images captured from one of the Defendant’s cellular phones during the police investigation into Case No. 2015-CR-8, the State also obtained an indictment of the Defendant for two counts of sexual exploitation of a minor in Case No. 2016-CR-87. The Defendant filed a “Motion to Quash Indictment Because [o]f Misjoinder and/or Double Jeopardy” (“the Motion”). Following a hearing on the motion, the trial court found that the State violated the mandatory joinder requirement of Tennessee Rule of Criminal Procedure 8(a) and dismissed the indictment, and the State appealed. Because the two counts of sexual exploittion of a minor were not “based on the same conduct” nor did they “arise from the same criminal episode” as the offenses for which the Defendant was tried, we reverse the trial court, reinstate the indictment in Case No. 2016-CR-87, and remand for further proceedings. |
Carroll | Court of Criminal Appeals | |
Eddie Charles Warlick v. State of Tennessee
The petitioner, Eddie Charles Warlick, appeals the denial of his petition for postconviction relief, which petition challenged his 2015 guilty-pleaded conviction of second degree murder, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm. |
Gibson | Court of Criminal Appeals | |
In Re Catherine J.
This is a termination of parental rights case involving the parental rights of the father, Clyde J. (“Father”), to his minor child, Catherine J. (“the Child”). On October 27, 2015, the Shelby County Juvenile Court (“trial court”) placed the Child into the custody of the Tennessee Department of Children’s Services (“DCS”). The Child was immediately placed in foster care, where she remained at the time of trial. Following a hearing conducted on February 3, 2016, the trial court found the Child to be dependent and neglected as to Father due to improper guardianship. On August 4, 2016, DCS filed a petition to terminate Father’s parental rights. Following a bench trial before a special judge on January 26, 2017, the trial court found by clear and convincing evidence that Father had abandoned the Child by failing to visit the Child, failing to financially support the Child, and exhibiting wanton disregard for the Child’s welfare prior to his incarceration. The trial court also found clear and convincing evidence that termination of Father’s parental rights was in the best interest of the Child. The trial court entered a final judgment on February 13, 2017, terminating Father’s parental rights to the Child. Father has appealed. Discerning no error, we affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Ricardo Antonio Demling
The Bedford County Grand Jury indicted the Defendant, Ricardo Antonio Demling, for theft of property valued between $10,000 and $60,000. The jury found the Defendant guilty as charged, and the trial court sentenced him to fifteen years as a Range III persistent offender and ordered this sentence to be served consecutively to any unexpired sentences. On appeal, the Defendant contends that the evidence was insufficient for a rational juror to have found him guilty beyond a reasonable doubt of theft of property between the value of $10,000 and $60,000. He also argues that his sentence was excessive and asks this court to conduct a plain error review of “all objections” and “all issues regarding venue and jurisdiction[.]” After a thorough review of the facts and applicable case law, we affirm. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Timothy J. Hickman
The Appellant, Timothy J. Hickman, is appealing the trial court’s denial of his motion to correct an illegal sentence. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted. |
Davidson | Court of Criminal Appeals | |
In Re: A'Reeyon L.
This appeal arises out of a delinquency proceeding in Hamilton County Juvenile Court (“juvenile court”). The juvenile was accused of violating his probation by failing to report to his probation officer as required by the rules of his probation. Following a hearing and ruling by the juvenile court, the matter was appealed to the Hamilton County Criminal Court (“trial court”). Upon a bench trial and de novo review, the trial court found that the juvenile had violated his probation by failing to report to his probation officer. The trial court subsequently ordered that the juvenile be committed to the custody of the Department of Children’s Services (“DCS”) pursuant to Tennessee Code Annotated § 37-1-131(a)(4). Discerning no error, we affirm. |
Hamilton | Court of Appeals | |
State of Tennessee v. Devin Whiteside
The Appellant, Devin Whiteside, pled guilty to two counts of aggravated robbery, and he received concurrent sentences of eight years in the Tennessee Department of Correction. Thereafter, the Appellant filed a motion to withdraw his guilty pleas, alleging that after the plea hearing, he obtained information relating to the testimony of two of the State’s witnesses. He maintained that, if he had been provided the information prior to the plea, he would not have pled guilty. The trial court denied the motion, and the Appellant appeals. Upon review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
David Ivy v. State of Tennessee
The Petitioner, David Ivy, appeals the Shelby County Criminal Court’s denial of his petition for a writ of error coram nobis, seeking relief from his conviction of first degree premeditated murder and resulting sentence of death. On appeal, the Petitioner contends that the coram nobis court erred by dismissing his petition, by denying his Rule 36.1 motion to correct an illegal sentence, and by denying his writ of error audita querela. In addition, he asks that this court advise him as to the correct pleading to file in order to challenge his death sentence. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the coram nobis court did not err by denying relief, and we decline to provide an advisory opinion regarding future requests for relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Daniel Perez
The Defendant, Daniel Perez, was convicted of one count of aggravated robbery. The Defendant argues: (1) that the evidence was insufficient to support his conviction, and (2) that the trial court erred in allowing the State to reference witnesses that the Defendant could have produced at trial. Following our review, the judgment is affirmed. |
Shelby | Court of Criminal Appeals | |
In Re Alivia F.
A mother appeals from the termination of her parental rights to her child. The chancery court found clear and convincing evidence of two statutory grounds for termination: abandonment by willful failure to support and persistence of conditions. The court also found that termination of the mother’s parental rights was in the child’s best interest. Because we conclude that the evidence was less than clear and convincing as to each ground for termination, we reverse. |
White | Court of Appeals | |
Mardoche Olivier v. State of Tennessee
The Defendant, Mardoche Olivier, was indicted by the Montgomery County Grand Jury for the offense of driving a vehicle at a time when his license to drive had been canceled, suspended, or revoked. While this charge was pending in Montgomery County Circuit Court, the Defendant filed pro se a petition for habeas corpus relief as to the pending charge. The trial court summarily dismissed the petition and the Defendant has appealed. We conclude that the trial court lacked jurisdiction to consider the Defendant’s habeas corpus petition, and accordingly the trial court properly summarily dismissed the petition. Because the instant appeal is frivolous and because the Defendant is abusing the appellate process, we order that the Clerk of this Court shall not file any further notices of appeal from the Defendant in habeas corpus matters unless the Defendant attaches to the notice of appeal a copy of the final judgment challenged. We tax the costs to the Defendant. |
Montgomery | Court of Criminal Appeals | |
Jerome Lamont Wolley v. State of Tennessee
Jerome Lamont Wolley, the Petitioner, appeals from the post-conviction court’s order summarily dismissing his second |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Antonio Smith
Defendant, Antonio Smith, was indicted by the Knox County Grand Jury in a multi-count presentment with one count of sale of heroin in a drug-free zone, one count of delivery of heroin in a drug-free zone, three counts of possession of heroin with the intent to sell in a drug-free zone, three counts of possession of heroin with the intent to deliver in a drugfree zone, one count of possession of marijuana, two counts of possession of a firearm with the intent to go armed during the commission of a dangerous felony, two counts of felon in possession of a firearm with intent to go armed during the commission of a dangerous felony, three counts of felon in possession of a firearm, and four counts of criminal gang enhancement. A codefendant, Heather Montgomery, was also indicted for several offenses. The trial court dismissed the criminal gang enhancement counts prior to trial after the statute was found unconstitutional by this court in State v. Bonds, 502 S.W.3d 118 (Tenn. Crim. App. 2016). Following a jury trial, Defendant was acquitted of the two counts of felon in possession of a firearm with intent to go armed during the commission of a dangerous felony but found guilty of all other counts as charged. The trial court merged several of the convictions and sentenced Defendant as a career offender to an effective sentence of 72 years. After the denial of a motion for new trial, Defendant initiated this appeal. On appeal Defendant challenges the denial of a pretrial motion to suppress evidence and the sufficiency of the evidence. Having carefully reviewed the record before us and the briefs of the parties, we find no error and affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Andrew "Rome" Withers v. Rosalind D. Withers
This appeal revolves around a pro se litigant’s efforts to assume control of the assets of a trust and to replace the trustee. After the dismissal of his second petition related to the trust, the pro se litigant filed this appeal. We dismiss the appeal for failure to file a brief that complies with the appellate rules. We also grant the trustee’s request for attorney’s fees and expenses incurred on appeal. |
Shelby | Court of Appeals | |
Eric Bernard Howard v. Turney Center Disciplinary Board, Et Al.
Eric Bernard Howard, an inmate at the Turney Center Industrial Complex, was charged with the disciplinary offense of defiance. The conduct at issue occurred at the institution’s medical clinic. Howard became angry, used profanity, and physically struck clinic property. After a hearing, he was found guilty by “alternate disciplinary officer” Rachel McCauley. Howard filed a petition for common law writ of certiorari with the trial court, alleging that he was denied due process at his hearing. He further asserted that the governing Uniform Disciplinary Procedures of the Tennessee Department of Correction (TDOC) were not followed. He says this resulted in substantial prejudice to him. The trial court found no due process violation, and ruled that any deviation from the Uniform Disciplinary Procedures was minimal and did not result in substantial prejudice. The trial court dismissed the petition. We affirm the judgment of the trial court. |
Hickman | Court of Appeals |