State of Tennessee v. John G. Apfel aka Raymond Debartolomies
A Lawrence County Circuit Court Jury convicted the Appellant, John Apfel aka Raymond DeBartolomies, of theft of $1,000 or more but less than $10,000. The trial court imposed a sentence of four years. On appeal, the Appellant challenges the sufficiency of the evidence supporting his conviction, the trial court’s denial of alternative sentencing, and the amount of restitution imposed. Upon review, we affirm the judgment of the trial court. |
Lawrence | Court of Criminal Appeals | |
Tina Dawn Garner v. Scott Whitney Garner
This accelerated interlocutory appeal arises from the trial court's denial of Appellant's motion for recusal. Having reviewed the trial court's ruling on the motion for recusal pursuant to the de novo standard of review required under Tennessee Supreme Court Rule 10B, we affirm the judgment of the trial court. |
Hardin | Court of Appeals | |
State of Tennessee v. Mark Rollins
The defendant, Mark Rollins, pleaded guilty to first offense driving under the influence of an intoxicant and reserved as a certified question the propriety of the vehicle stop leading to his arrest. Discerning no error, we affirm. |
Rutherford | Court of Criminal Appeals | |
Michael Lamar Gaines v. State of Tennessee
Petitioner, Michael Lamar Gaines, filed a motion to reopen post-conviction proceedings. Because he failed to comply with the statutory requirements for seeking discretionary review of the dismissal of his motion, this Court has no jurisdiction over the case. Accordingly, the appeal is dismissed. |
Marion | Court of Criminal Appeals | |
Michael Lamar Gaines v. State of Tennessee
Petitioner, Michael Lamar Gaines, filed a motion to reopen post-conviction proceedings. Because he failed to comply with the statutory requirements for seeking discretionary review of the dismissal of his motion, this Court has no jurisdiction over the case. Accordingly, the appeal is dismissed. |
Marion | Court of Criminal Appeals | |
State of Tennessee v. Jimmy Wilson
The defendant, Jimmy Wilson, was indicted for theft of property valued at $1000 or more but less than $10,000, in violation of Tennessee Code Annotated section 39-14-103, after unlawfully receiving of $5,875.72 in travel reimbursements from the U.S. Department of Veterans Affairs. Following trial, a jury found the defendant guilty of the same. On appeal, the defendant argues that there was insufficient evidence to support his conviction. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Demarco Waters
The defendant, DeMarco Waters, was convicted by a Shelby County Criminal Court jury of premeditated first degree murder; three counts of attempted first degree murder, Class A felonies; attempted second degree murder, a Class B felony; and four counts of employing a firearm during the commission of a dangerous felony, Class C felonies. The defendant was sentenced to an effective term of life plus seventy-seven years. On appeal, the defendant argues that the evidence is insufficient to sustain his convictions and that the trial court abused its discretion in ordering consecutive sentencing. After review, we affirm the judgments of the trial court. However, we remand for entry of a corrected judgment in Count 6 to indicate that the conviction offense is a Class A felony. |
Shelby | Court of Criminal Appeals | |
Torian Dillard v. State of Tennessee
The petitioner, Torian Dillard, was convicted in 2006 of aggravated kidnapping and sentenced to twenty years. His conviction was affirmed on direct appeal. State v. Torian Dillard, No. W2007-00911-CCA-R3-CD, 2008 WL 3342952, at *1 (Tenn. Crim. App. Aug. 11, 2008), perm. app. denied (Tenn. Feb. 2, 2009). He then filed a timely petition for post-conviction relief, alleging that trial counsel had been ineffective in that counsel failed to properly investigate the facts of the case or to provide a sufficient reason to dismiss a prospective juror and that the trial court erred in allowing the victim to sit facing the jury, with her back to the petitioner. After an evidentiary hearing, the post-conviction court denied relief; and, following our review, we affirm that order. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Anthony Harville
Defendant, Anthony Harville, was convicted of three counts of the sale of a Schedule II controlled substance and received an effective sentence of fifteen years. Defendant appeals his convictions, challenging the sufficiency of the evidence and his sentence. After a review, we affirm the convictions and sentences. |
Smith | Court of Criminal Appeals | |
State of Tennessee v. Mandricuss Lashon Robertson
Defendant, Mandricuss Lashon Robertson, pled guilty to twelve counts of aggravated burglary and an agreed-upon effective sentence of twenty years as a Range II, multiple offender in exchange for the dismissal of the remaining twenty-three counts of the presentment. The trial court denied an alternative sentence after a lengthy sentencing hearing. Defendant now appeals. After a review, we conclude that the trial court did not abuse its discretion in imposing a sentence involving incarceration. Accordingly, the judgments of the trial court are affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Randall Boaz
Defendant, Randall Boaz, appeals his Giles County conviction for reckless endangerment with a deadly weapon. His single issue on appeal is a claim of insufficient evidence that he used his vehicle as a deadly weapon. Upon our review of the record, we affirm the judgment of the trial court. |
Giles | Court of Criminal Appeals | |
Jorge A. Alfonso, et al. v. Linda V. Bailey, Executrix and Personal Representative of the Estate of Robert M. Bailey, et al.
This appeal stems from a foreclosure. Jorge A. Alfonso and Madelyn Alfonso (“Plaintiffs”) defaulted on their mortgage on real property owed to CitiMortgage, Inc. (“Citi”). Plaintiffs wanted to effectuate a short sale in order to avoid foreclosure. However, certain real estate investors (“Defendants”) attended the foreclosure sale, bid on, and purchased the property. Plaintiffs sued Defendants and Citi in the Chancery Court for Sevier County (“the Trial Court”), alleging in part that Defendants knew that Plaintiffs and Citi were engaged in discussions to complete a short sale but purchased the property anyway. The Trial Court granted Citi’s motion to dismiss finding that Citi had the right to pursue foreclosure even if it was in talks with Plaintiffs to conduct a short sale. Plaintiffs do not appeal that order. The Trial Court later granted a motion to dismiss claims against the remaining Defendants. Plaintiffs appeal to this Court. We find and hold that Plaintiffs have stated no cause of action against the remaining Defendants. We affirm the judgment of the Trial Court. |
Sevier | Court of Appeals | |
Amanda Peters-Asbury, et al v. Knoxville Area Transit, Inc.
This is a Governmental Tort Liability Act (GTLA) case involving a plaintiff who fractured her ankle when she fell exiting a bus owned and operated by the defendant. The plaintiff filed this lawsuit alleging that the defendant negligently caused her fall by dropping her off in a dangerous location and/or causing the bus to move as she exited. Following a non-jury trial, the trial court found that the defendant did not negligently drop the plaintiff off in an unsafe location but did negligently cause the bus to move as she exited. The trial court assessed liability against the defendant and awarded the plaintiff $101,969.30 in damages. The defendant timely appealed. Having thoroughly reviewed the record, we hold that the evidence adduced at trial does not support the trial court’s finding that the bus was moving as the plaintiff exited. We therefore reverse the judgment of the trial court. |
Knox | Court of Appeals | |
State of Tennessee v. Rodney Love
The Appellant, Rodney Love, appeals as of right from the Davidson County Criminal Court’s denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. The Appellant contends that the trial court erred in concluding that Rule 36.1 relief was not available because the alleged illegal sentence had long ago expired. Following our review, we affirm the trial court’s denial of the Appellant’s Rule 36.1 motion. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Kari Diane Speck
Appellant, Kari Diane Speck, appeals the denial of her motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Because Appellant has failed to state a colorable claim that her sentences are illegal, the decision of the trial court is affirmed. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Edward Allen Carter
The defendant, Edward Allen Carter, pleaded guilty to possession of cocaine with intent to sell within a drug-free zone, possession of a firearm during the commission of a dangerous felony, unlawful possession of a firearm, possession of an item with a defaced serial number, evading arrest, and driving on a suspended license, and he reserved certified questions of law relative to the validity of the city ordinance that formed the basis of the traffic stop which led to his arrest. Because the certified questions are overbroad and fail to meet specificity requirements, the appeal is dismissed. |
Knox | Court of Criminal Appeals | |
Robert Harold Douglas v. Susan Mercedes Douglas
In this divorce proceeding, Husband appeals from the trial court’s classification of an account as Wife’s separate property. On appeal, Husband asserts that the account is marital property based on the doctrine of transmutation. Discerning no error, we affirm. |
Benton | Court of Appeals | |
State of Tennessee v. Marcus Hampton
The Defendant, Marcus Hampton, appeals from the Shelby County Criminal Court’s denial of his petition to suspend the remainder of his effective four-year workhouse sentence for his convictions of aggravated assault and evading arrest. Because he has failed to show facts supporting an alteration of the sentence in the interest of justice, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Shango Aton Ramsey v. State of Tennessee
Shango Aton Ramsey (“the Petitioner”) appeals the Cocke County Circuit Court's denial of his petition for post-conviction relief. The Petitioner contends that he received ineffective assistance of counsel in connection with his guilty plea and that the State withheld evidence pursuant to Brady v. Maryland, 373 U.S. 83 (1962). Upon review, we affirm the judgment of the post-conviction court. |
Cocke | Court of Criminal Appeals | |
Ashli Fallon Bryan v. Billie Dee Miller
At issue in this case is the custody of a minor child. Although the child had previously been in the physical custody of his maternal grandmother pursuant to a temporary order, the child’s mother regained custody after the grandmother failed to show that the child would be subjected to substantial harm if returned to the mother. We affirm. |
Montgomery | Court of Appeals | |
Adrian Delk v. State of Tennessee
Petitioner, Adrian Delk, appeals from the post-conviction court’s denial of his petition for post-conviction relief and from its dismissal as time-barred of his petition for writ of error coram nobis based on newly discovered evidence. Following a thorough review of the record, we affirm the judgments of the post-conviction court and remand for entry of a corrected judgment in Case No. 13-05543 to reflect the correct code sections. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Terron Kinnie
Defendant, Terron Kinnie, was indicted by the Madison County Grand Jury for two counts of felony murder, two counts of aggravated robbery, and one count each of aggravated burglary and aggravated assault. Defendant filed a motion to suppress a statement he gave to the police, arguing that his statement was not voluntarily given. Following an evidentiary hearing, the trial court granted Defendant's motion to suppress, finding that Defendant's statement was coerced. The State filed a motion seeking permission to file an interlocutory appeal under Rule 9 of the Tennessee Rules of Appellate Procedure, and it was granted. Upon a thorough review of the record, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Jennifer L. Al-Athari, et al v. Luis A Gamboa, et al
In the second appeal of this case, Plaintiffs seek reversal of orders awarding damages to Defendants for Plaintiffs’ prosecution of a frivolous appeal and denying motions for relief from orders which served as the basis of the first appeal. Finding no error, we affirm the judgments. We have also concluded that this appeal is frivolous and remand for the trial court to determine the amount of damages which Defendants are entitled to pursuant to Tenn. Code Ann. § 27-1-122. |
Davidson | Court of Appeals | |
In Re: Ryder R.
This case involves the termination of a mother’s parental rights to her son. The trial court found that two statutory grounds for termination were proven by clear and convincing evidence – abandonment by willful failure to support and persistence of conditions. The trial court also concluded that termination of the mother’s parental rights was in the child’s best interest. We conclude that there is not clear and convincing evidence of either ground for termination relied upon by the trial court. Therefore, we reverse the termination of the mother’s parental rights. |
Williamson | Court of Appeals | |
State of Tennessee v. Bryant M. Hunt
The defendant, Bryant Montrell Hunt, pled guilty to one count each of arson, aggravated burglary, and vandalism of property over $500. The plea agreement provided the defendant would be sentenced as a Range I, standard offender. Following a sentencing hearing, the trial court denied the defendant’s request for alternative sentencing and imposed the maximum sentences of six years for arson, six years for aggravated burglary, and two years for vandalism over $500, to be served concurrently in confinement. On appeal, the defendant contends the trial court erred in denying his motion for alternative sentencing. Following our review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals |