State of Tennessee v. Dexter McMillan
The appellant, Dexter McMillan, filed in the Knox County Criminal Court a motion to reopen his case, which the trial court treated as a petition for post- onviction relief. The trial court dismissed the petition, and the appellant appeals. The State 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. Upon review of the record and the parties’ briefs, we conclude that the trial court properly dismissed the petition. Accordingly, the State’s motion is granted, and the judgment of the trial court is affirmed. |
Knox | Court of Criminal Appeals | |
Scotty Lee Myers v. State of Tennessee
The petitioner, Scotty Lee Myers, was convicted of second degree murder, and he received a sentence of twenty-three years in the Tennessee Department of Correction. Thereafter, he filed a petition for post-conviction relief, alleging that his trial counsel was ineffective. The post-conviction court denied the petition, and the petitioner now appeals. Upon review, we affirm the judgment of the post-conviction court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Hanes Cooper
The Defendant, Hanes Cooper, appeals as of right from the trial court’s denial of judicial diversion. The Defendant pled guilty to attempted theft of $10,000 or more but less than $60,000, official misconduct, and conspiracy to commit forgery of $10,000 or more but less than $60,000. After the plea agreement was entered, the Defendant filed an application for judicial diversion which the trial court denied. Following the denial of his application for judicial diversion, the Defendant was sentenced, pursuant to the plea agreement, to a six-year term of probation. The Defendant contends that the trial court abused its discretion in denying his application for judicial diversion. Discerning no error, we affirm the trial court, but we remand the case for correction of the judgments. |
Bradley | Court of Criminal Appeals | |
Glen Curtis Letsinger v. State of Tennessee
Glen Curtis Letsinger (“the Petitioner”) filed for post-conviction relief from his conviction of rape of a child and the resulting minimum sentence of fifteen years. He alleges that he received ineffective assistance of counsel in conjunction with his guilty plea and that his plea thereby was rendered constitutionally infirm. After an evidentiary hearing, the postconviction court denied relief, and this appeal followed. Upon our careful review of the record, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
In Re: T.W.
This case arises from juvenile proceedings concerning the minor child T.W. The Juvenile Court for Knox County (“the Juvenile Court”) found T.W. to be an unruly child. T.W. filed a Petition to Vacate Orders and to Dismiss (“Petition to Vacate”) regarding the order finding T.W. to be an unruly child. The Juvenile Court denied the Petition to Vacate. T.W. appealed to the Circuit Court for Knox County, Fourth Circuit (“the Circuit Court”). The State of Tennessee (“the State”) moved to dismiss the appeal arguing the appeal was untimely. The Circuit Court granted the State’s motion to dismiss. T.W. appeals to this Court, arguing that the Circuit Court should have heard T.W.’s appeal from Juvenile Court. We hold that the Circuit Court erred in granting the State’s motion to dismiss T.W.’s appeal of the Juvenile Court’s order denying T.W.’s Petition to Vacate. We reverse the judgment of the Circuit Court. |
Knox | Court of Appeals | |
In Re: M.R.
This case arises from juvenile proceedings concerning the minor child M.R. The Juvenile Court for Knox County (“the Juvenile Court”) found M.R. to be an unruly child. M.R. filed a Petition to Vacate Orders and to Dismiss (“Petition to Vacate”) regarding the order finding M.R. to be an unruly child. The Juvenile Court denied the Petition to Vacate. M.R. appealed to the Circuit Court for Knox County, Fourth Circuit (“the Circuit Court”). The State of Tennessee (“the State”) moved to dismiss the appeal arguing the appeal was untimely. The Circuit Court granted the State’s motion to dismiss. M.R. appeals to this Court, arguing that the Circuit Court should have heard M.R.’s appeal from Juvenile Court. We hold that the Circuit Court erred in granting the State’s motion to dismiss M.R.’s appeal of the Juvenile Court’s order denying M.R.’s Petition to Vacate. We reverse the judgment of the Circuit Court. |
Knox | Court of Appeals | |
Michael Wilsey v. State of Tennessee
The petitioner, Michael Wilsey, appeals the denial of his petition for writ of habeas corpus challenging his detention via rendition warrant, and the State moves this court to summarily affirm the denial via Rule 20 of the Rules of the Tennessee Court of Criminal Appeals .The State’s motion is well taken, and accordingly, the denial of habeas corpus relief is affirmed pursuant to Rule 20. Additionally, the petitioner’s request for bond pursuant to Rule 8 of the Tennessee Rules of Appellate Procedure is denied. |
Hamilton | Court of Criminal Appeals | |
Michael Hong v. Leroy Foust, et al.
In this boundary line dispute, the defendants sought to claim property beyond a road known as “Creek Road.” The trial court concluded that the road constituted the defendants’ southern boundary. However, because the plaintiff’s complaint sought the adoption of a survey that conceded a small strip of land south of Creek Road to the defendants, along with the fact that the plaintiff testified that he believed that the defendants owned some property south of Creek Road, the trial court granted the defendants a strip alongside the road about four feet deep. After the defendants moved to conform their pleading to the proof and sought relief under the doctrine of adverse possession, the trial court reopened the proof to consider adverse use. Another opinion was issued awarding the defendants a strip extending approximately ten feet from the southern edge of Creek Road. The defendants appeal. We affirm the findings of the trial court. |
Anderson | Court of Appeals | |
State of Tennessee v. Chad Allen Love
Following a jury trial, the Defendant, Chad Allen Love, was convicted of one count of aggravated robbery. See Tenn. Code Ann. § 39-13-402. In this appeal as of right, the Defendant contends that the evidence was insufficient to sustain his conviction. Following our review, we conclude that the evidence was insufficient to establish the Defendant’s identity as the perpetrator of the crime. Accordingly, we reverse and dismiss the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Kale Sandusky
The Defendant, Kale Sandusky, pled guilty to possession of marijuana with intent to sell, a Class E felony, and possession of drug paraphernalia, a Class A misdemeanor. See T.C.A. §§ 39-17-417, -425 (2010). He was sentenced as a Range I, standard offender to two years’ probation for the possession with intent to sell conviction and to eleven months and twenty-nine days’ probation for the possession of drug paraphernalia conviction, to be served concurrently. The Defendant’s plea agreement reserved a certified question of law regarding the legality of the arrest warrant that led to a search of his home. We reverse the judgments of the trial court and dismiss the charges against the Defendant. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Larry Thomas Johnson
The defendant, Larry Thomas Johnson, appeals his Bedford County Circuit Court guilty- pleaded convictions of the sale of .5 grams or more of cocaine and possession with the intent to sell .5 grams or more of cocaine, claiming that the trial court erred by imposing a Range II sentence in the absence of any notice from the State that it would seek enhanced punishment. Discerning no error, we affirm |
Bedford | Court of Criminal Appeals | |
Megan A. Rowe Ellis v. Sammy D. Rowe, Jr.
The divorce action in this case was commenced in 2001. The Final Decree in the divorce action was entered in January 2008. Subsequently, the case was transferred to the Circuit Court in an adjoining county. Post to that transfer, numerous motions and petitions were filed in the Trial Court and on January 5, 2011 the Trial Court tried the issues relating to child support and a parenting plan. As a result of that hearing a Judgment was entered which held that the father failed to appear for the hearing, despite proper notice, had failed to respond to discovery and mediation in violation of the Court's order and the Court found that the mother's proposed parenting plan was in the children's best interest and incorporated the same in its Decree. The Court awarded child support based on the computed amount of income of the father, and also awarded the mother Judgment for her attorney's fees. The Court dismissed all of the father's request for relief and the father appealed. We hold that the facts relied on by the father in his brief are not supported by any evidence in the record, and his conclusions of law are not supported by authority, and the record establishes no basis for finding any merit in the issues raised on appeal. We affirm the Judgment of the Trial Court. |
Jefferson | Court of Appeals | |
Jerome Degans v. Tennessee Department of Corrections, et al.
Inmate filed petition seeking review of decision of prison disciplinary board. Trial court dismissed petition for failure to comply with applicable constitutional and statutory provisions. Finding that the trial court did not err, we affirm the dismissal of the petition. |
Hickman | Court of Appeals | |
In Re Estate of Reginald Boya Demonbreun
Personal representative appeals from order granting $27,900 claim against decedent’s estate. Discerning no error, we affirm. |
Davidson | Court of Appeals | |
James P. Hurt v. State of Tennessee
Inmate filed petition seeking review of decision of prison disciplinary board convicting him of various disciplinary offenses. Trial court dismissed petition for failure to comply with Tenn. Code Ann. § 27-8-106. Finding that the trial court did not err in dismissing the Petition, we affirm the judgment. |
Hickman | Court of Appeals | |
John A. Brubaker v. H.T. Beckham
This appeal arises out of a dispute over personal property located on land sold at a foreclosure sale. Because the order appealed does not resolve all the claims between the parties, we dismiss the appeal for lack of a final judgment. |
Cheatham | Court of Appeals | |
Teton Transportation, Inc. v. Todd White
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 alleged that he injured his back at work. His employer denied the claim. While the trial court found that the employee was not a credible witness, it found that he had sustained a compensable injury based upon the testimony of an independent lay witness and the treating physician. The trial court awarded 78% permanent partial disability benefits. The employer has appealed, asserting that the evidence preponderates against the trial court’s finding of compensability. We affirm the judgment. |
Blount | Workers Compensation Panel | |
State of Tennessee v. Ernest W. Mays
The defendant, Ernest W. Mays, pled guilty, in two separate cases, in the Dickson County Circuit Court to: (1) two counts of selling cocaine less than .5 grams, a Class C felony; (2) conspiracy to commit aggravated kidnapping, a Class C felony; (3) simple assault, a Class A misdemeanor; and (4) retaliation for past action, a Class E felony. Pursuant to the plea agreement, the defendant was to receive an effective sentence of ten years, as a Range II offender, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court ordered that the sentence be served in confinement. On appeal, the defendant contends that the court erred in denying him an alternative sentence. Following review of the record before us, we conclude no error occurred and affirm the sentences as imposed. |
Dickson | Court of Criminal Appeals | |
Kenard P. Wallace v. Commissioner of Labor & Workforce Development et al.
Truck driver was discharged for having too many accidents pursuant to employer’s policy on preventable accidents. He was denied unemployment benefits and the denial was upheld by the Appeals Tribunal, the Board of Review and the Chancery Court. We affirm. |
Lawrence | Court of Appeals | |
Household Financial Center, Inc. v. Darrell Kirby
Lender appeals the trial court’s decision awarding judgment in its favor for only part of the debt it claims to be owed by borrower. Finding no error in the trial court’s factual findings and conclusions, we affirm the decision of the trial court. |
Davidson | Court of Appeals | |
In Re: Andrea A. R.
Father appeals an order of the juvenile court requiring Father to pay private school tuition as an upward deviation from the presumptive child support amount, which more than doubled his child support obligation. We have determined that the trial court erred by ordering an upward deviation for private school tuition without first determining whether the extraordinary educational expense was appropriate based upon the parents’ financial abilities and the lifestyle of the child and by failing to make the requisite findings of fact to establish that Father has the abilityto payall of the tuition in addition to the presumptive child support. Therefore, we reverse the upward deviation for private tuition and remand the issue of the extraordinary educational expense to the trial court to make the requisite findings to determine, inter alia, whether private schooling is appropriate based upon the facts of this case and, if so, to determine which parent pays what portion of the private school tuition and costs. |
Davidson | Court of Appeals | |
Arthur Lee Taylor v. State of Tennessee
Arthur Lee Taylor (“the Petitioner”) filed for post-conviction relief from his convictions of possession of cocaine with intent to sell and/or deliver and possession of dihydrocodeinone and his resulting effective thirty-year sentence as a career offender. He alleges that he received ineffective assistance of counsel at his jury trial. After a hearing, the postconviction court denied relief, and this appeal followed. Upon our careful review of the record, we affirm the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Johnny Coffey
The defendant, Johnny Coffey, appeals his Bradley County Circuit Court jury conviction of second degree murder, claiming that the trial court erred by denying him funds to procure additional expert assistance, by denying his request to play witness statements in their entireties, by refusing to grant his motion for a mistrial, by denying his request for a jury instruction on self-defense, and by failing to apply certain mitigating factors to reduce his sentence. Discerning no reversible error, we affirm. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Jessica Birkhead
Appellant, Jessica Birkhead, appeals under Tennessee Rule of Appellate Procedure 3 after the trial court’s grant of judicial diversion on a charge of vandalism under $500. On appeal |
Hamilton | Court of Criminal Appeals | |
Gary Wayne Calhoun v. David Mills, Warden
The Criminal Court of Morgan County granted habeas corpus relief to the Petitioner, Gary Wayne Calhoun, for convictions in the Criminal Court of Sullivan County for “bringing stolen property into the State valued in excess of $200.00” in case number 21,478 and for “simple robbery” in case number 22,532. The Respondent, David Mills, Warden, has appealed. After a thorough review of the record, we reverse the judgment of the habeas corpus court. |
Morgan | Court of Criminal Appeals |