State of Tennessee v. Lance Elliott Falcon - concurring
I concur with the majority’s opinion affirming the judgments of the trial court. I write separately to express my opinion that the question posed by the trial judge was essentially a comment on credibility and violated an unequivocal rule of law. “[J]udges in Tennessee are prohibited by our constitution from commenting upon the credibility of witnesses or upon the evidence in the case.” State v. Suttles, 767 S.W.2d 403, 406 (Tenn. 1989); see also Tenn. Const. Art. VI, § 9. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Javonte Thomas
The defendant, Javonte Thomas, was convicted by a Shelby County Criminal Court jury of first degree premeditated murder and sentenced to life imprisonment. In this appeal, he challenges the sufficiency of the convicting evidence and the trial court's denial of his motion to suppress his statement to police. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Mohnika M. King
Mohnika M. King (“the Defendant”) pleaded guilty to one count of theft of property valued at $10,000 or more but less than $60,000 and one count of forgery. During the sentencing hearing, the trial court denied the Defendant’s request that she be placed on judicial diversion. On appeal, the Defendant contends that the trial court abused its discretion when it denied judicial diversion. Discerning no error, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Charles Beaty
The State appeals from the trial court's dismissal of a three-count indictment based on the trial court's finding that there was an excessive delay in prosecuting the defendant, Charles Beaty. The State contends that the trial court erred in dismissing the indictment on finding a violation of the defendant's right to a speedy trial and due process. We conclude that the trial court correctly dismissed any offenses which were merely the reindictment of a previously dismissed case. However, the trial court erred in dismissing any new charges, because the defendant's right to a speedy trial was not violated and the defendant failed to show that he was prejudiced by the delay as required for due process relief. Accordingly, we remand for further proceedings in accordance with this opinion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Tanyawa Sallie
Defendant, Tanyawa Sallie, was indicted for the offense of cutodial interference, but a Lake County Circuit Court jury convicted her of custodial interference with voluntary return of the child, a Class A misdemeanor. She was sentenced by the trial court to eleven months, twenty-nine days, with ten days to serve and the remainder of the time on supervised probation. On appeal, Defendant challenges the sufficiency of the evidence in support of her conviction and argues that the trial court erred in sentencing by considering her 2004 felony conviction in an unrelated matter and by imposing an excessive sentence. After a careful review of the record, we affirm the judgment of the trial court. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Christopher Lynn Clark
An Obion County jury convicted the Defendant, Christopher Lynn Clark, of one count of vehicular homicide by intoxication and four counts of vehicular assault with intoxication. The trial court ordered concurrent sentences for an effective sentence of ten years in the Department of Correction. The Defendant appeals, claiming: (1) the evidence is insufficient to support his convictions; (2) the trial court invaded the province of the jury by commenting on the evidence in response to a juror question; and (3) his sentence is excessive. After review, we affirm the trial court's judgments. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Ramon Curry
A Shelby County jury convicted the Defendant, Ramon Curry, of one count of false imprisonment, two counts of aggravated kidnapping, and one count of aggravated assault. The trial court ordered an effective sentence of thirty years to be served at 100%. On appeal, the Defendant contends that: (1) the evidence is insufficient to support his convictions; (2) he was entitled to a mistrial because a State's witness assisted the prosecutor by carrying a box of evidence; and (3) the trial court abused its discretion by ordering partial consecutive sentencing. After review, we affirm the trial court's judgments. |
Shelby | Court of Criminal Appeals | |
In Re Gabriella M.
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 her rights on the statutory grounds of abandonment for failure to visit; substantial noncompliance with the requirements of the permanency plan; and the persistence of conditions which led to removal. The court further found that termination was in the best interest of the child. The mother appeals. We affirm. |
Greene | Court of Appeals | |
Katherine C. Dubis v. Yolanda E. Loyd, et al.
After the death of the original plaintiff while this case was pending, a timely motion for substitution was filed to substitute the original plaintiff's parents as the real party in interest pursuant to Rule 25.01 of the Tennessee Rules of Civil Procedure. The motion indicated that the original plaintiff's parents were her only heirs and that no estate was to be opened for the original plaintiff in her home state of Missouri. The defendant filed an objection to the substitution asserting that the original plaintiff's heirs were not the proper parties, but the trial court eventually allowed parents to be substituted as plaintiffs. After the parties became aware that an estate had been opened for the original plaintiff in Missouri, defendant filed a motion to dismiss based upon non-compliance with Tennessee Code Annotated Section 20-5-104, which requires a showing that no person is willing to administer the estate of a deceased party before his or her heirs may revive a claim. Parents filed a response in opposition and, in the alternative, a motion for enlargement of time to file a motion to substitute the original plaintiff's personal representative. The trial court denied the motion for enlargement of time and granted the defendant's motion to dismiss. Because parents have shown excusable neglect sufficient to justify an enlargement of time under Rule 6.02 of the Tennessee Rules of Civil Procedure, we reverse and remand for further proceedings. |
Shelby | Court of Appeals | |
Kathryn Lynn Jones v. Gary Edward Jones
The parties to this appeal are a former Husband and Wife who each challenge the classification and division of certain assets upon their divorce. Additionally, Husband challenges the finding that $2,000 owed to the parties’ son is a separate rather than a marital debt, and Wife challenges the failure to award her one-half of funds Husband withdrew from marital accounts during the pendency of the divorce. We modify the judgment to reflect that the $2,000 payment is a marital debt and affirm the order that Husband be responsible for it; in all other respects, the judgment is affirmed. |
Coffee | Court of Appeals | |
State of Tennessee v. Jeffrey Lee Sowers
The Defendant, Jeffrey Lee Sowers, pleaded guilty in the Greene County Criminal Court pursuant to a negotiated plea agreement to official misconduct, a Class E felony, with the length and the manner of service of the sentence to be determined by the trial court. See T.C.A. § 39-16-402 (2014). The court sentenced the Defendant as a Range I, standard offender to eighteen months’ incarceration. On appeal, the Defendant contends that the trial court erred in denying his request for judicial diversion. We affirm the judgment of the trial court. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. George Mark Alan Greene
The defendant, George Mark Alan Greene, pled guilty to one count of incest, a Class C felony, and the trial court denied his application for judicial diversion. On appeal, he contends that the judgment of the trial court should be reversed because he is a suitable candidate for judicial diversion. We conclude that although the trial court did not properly consider all of the factors in denying judicial diversion, a de novo review of the record supports the denial of diversion. We affirm the judgment of the trial court. |
Claiborne | Court of Criminal Appeals | |
State of Tennessee v. Tabitha Gentry, aka Abka Re Bay
A Shelby County jury convicted the Defendant, Tabitha Gentry, aka Abka Re Bay, of theft of property valued over $250,000 and aggravated burglary. The trial court ordered an effective sentence of twenty years in the Tennessee Department of Correction, to be served consecutively to a prior sentence from another Shelby County conviction. The Defendant appeals contending that: (1) the evidence is insufficient to support her convictions, (2) the trial court improperly limited cross-examination of a State witness about adverse possession; (3) the trial court improperly limited the Defendant's closing argument; and (4) consecutive sentencing was inappropriate in this case. After review, we remand the case for resentencing and affirm the trial court's judgments in all other respects. |
Shelby | Court of Criminal Appeals | |
Wesley Jones v. State of Tennessee
The Petitioner, Wesley Jones, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief from his first degree murder conviction and resulting life sentence. On appeal, he contends that he received the ineffective assistance of counsel in numerous respects and that the post-conviction court erred by denying his request for a DNA expert and for DNA testing. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Wesley Jones v. State of Tennessee-Concurring
I concur with most of the majority opinion, but write separately to express my opinion that Detective Lundy and the unnamed uniformed patrol officer unconstitutionally seized Petitioner by handcuffing him and taking him to the police department and placing a leg shackle restraint on him inside the interview room. Although testimony by law enforcement officers was at best equivocal (and probably better described as “evasive” in a reading of the transcript) about restraints used on Petitioner, two things are clear: the officers dutifully followed police department “policy” and the policy dictated that “witnesses” be transported while handcuffed via marked patrol cars to interviews at the police station. |
Shelby | Court of Criminal Appeals | |
Emily Wade Turner v. John B. Turner, Jr.
Mother filed a petition to enroll and enforce a Mississippi divorce decree in Tennessee requesting the trial court to order Father to continue paying one-half of the parties' child's private school tuition and costs. Father opposed Mother's request and instead argued that the parties' property settlement agreement did not mandate private schooling, that it was reasonable for him to withhold consent to private schooling, and that, in the alternative, the costs associated with private schooling should be apportioned based on the parties' incomes. The trial court found in favor of Mother on all issues. Father appealed. Discerning no error, we affirm |
Shelby | Court of Appeals | |
Jami Logian a/k/a Jami Logian Gobea v. Lee R. Morisy MD, et al.
This is a jury case arising from Appellant's healthcare liability claim against Appellee doctors. The jury returned a verdict in favor of the doctors. Appellant asserts that the trial court erred in allowing a pictograph to be passed to the jury and admitted into evidence. Appellant also asserts that the trial court should have charged the jury with a special instruction on damages. Discerning no error, we affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Bobby Lynn Dockery
A Sevier County jury found Defendant, Bobby Lynn Dockery, guilty of forgery. He was sentenced to serve 5 years at 45% as a Range III offender. Defendant alleges on appeal that his conviction for forgery violates the double jeopardy clause of the United States Constitution. Defendant further argues that there was insufficient evidence to sustain the conviction. After a thorough review, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
In Re Rylee R., et al.
This is a termination of parental rights case. Mother/Appellant appeals the termination of her parental rights to two minor children on the statutory grounds of: (1) persistence of the conditions that led to the removal of the children from Appellant’s home; and (2) substantial noncompliance with the requirements set out in the permanency plan. Appellant also appeals the trial court’s determination that termination of her parental rights is in the best interests of the children, and she raises several issues concerning the admission of evidence. We conclude that the state did not establish the predicate for termination of Appellant’s parental rights on the ground of persistence of conditions; however, we affirm the termination of Mother’s parental rights on the ground of substantial noncompliance with the requirements of the permanency plan. We also affirm the trial court’s finding that termination of Mother’s parental rights is in the children’s best interests. |
Bradley | Court of Appeals | |
C. Wesley Fowler as Administrator Ad Litem of the Estate of Frank Jackson v. City of Memphis, et al.
In this premises liability case, the plaintiff appeals from the trial court's grant of summary judgment to a governmental defendant. We affirm in part, vacate in part, and remand. |
Shelby | Court of Appeals | |
John Jack Lynch v. State of Tennessee
Petitioner, John Jack Lynch, appeals from the denial of post-conviction relief in which he argued that he received ineffective assistance of counsel. After a thorough review, we determine Petitioner has failed to show clear and convincing evidence that he received ineffective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Dannie Brumfield
The Defendant, Dannie Brumfield, appeals as of right from the Rutherford County Circuit Court’s revocation of his probation and order of confinement for six years. The Defendant contends that the trial court abused its discretion in revoking his probation and ordering him to serve two additional sentences concurrently with the remainder of his original sentence. Following our review, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
Gregory Eidson v. State of Tennessee
In 2012, the Petitioner, Gregory Eidson, pleaded guilty to aggravated assault and attempted second degree murder, and the trial court imposed consecutive sentences of three and eight years, respectively, to be served on Community Corrections. The Petitioner filed a timely petition for post-conviction relief, which the post-conviction court denied. This Court affirmed the denial. Gregory Eidson v. State, No. M2012-02482-CCA-R3-PC, 2013 WL 6405782, at *1 (Tenn. Crim. App., at Nashville, Dec. 6, 2013), perm. app. denied (Tenn. Mar. 5, 2014). In 2014, the Petitioner’s Community Corrections sentence was revoked, and the trial court ordered the Petitioner to serve his eleven-year sentence in confinement. After filing several motions and petitions, the Petitioner filed a petition for writ of habeas corpus, which he also termed a second motion to reopen his post-conviction petition, and a motion for correction of an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. The trial court entered an order dismissing the petition and motion. We affirm the trial court’s judgments. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. James M. Grant
Defendant, James M. Grant, appeals the denial of his motion filed pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure in which he claimed that he received an illegal sentence after a 1998 guilty plea to one count of facilitation of first degree murder and two counts of attempted first degree murder. Upon our review of the record and applicable authorities, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Alice Wheeler Et Al v. Mark Abbott Et Al.
Catherine McCulley, Jean Abbott, Steven Abbott, Jerry Abbott, Larry Abbott, Diane West, and Geraldine Abbott (“Plaintiffs”) sued Mark Abbott and Stephanie Abbott (“Defendants”)1 with regard to an alleged easement located across real property in Sevier County, Tennessee. During the pendency of the suit, Catherine McCulley died and a motion was made to substitute her four children as party plaintiffs. Without benefit of a hearing, the Chancery Court for Sevier County (“the Trial Court”) entered an order allowing the substitution. The case then was tried, and the Trial Court entered its judgment finding and holding, inter alia, that “the Plaintiffs, the heirs of Elmer Abbott, have an easment across the property of the Defendant, Mark Abbott . . . .” Defendants appeal to this Court raising several issues. We find and hold that the motion for substitution and the Trial Court’s order granting the motion failed to comply with Tenn. R. Civ. P. 25, which deprived Defendants of an opportunity to be heard prior to entry of the order allowing substitution. We, therefore, vacate both the April 22, 2015 order allowing substitution of parties and the June 5, 2015 judgment holding that “the Plaintiffs” have an easement, and we remand this case for further proceedings consistent with this Opinion. |
Sevier | Court of Appeals |