William & Rose Allgood v. Gateway Health Systems
This is an appeal from a grant of summary judgment. The plaintiff patient filed a lawsuit against the defendant physician alleging medical negligence. The patient attempted personal service on the physician by leaving the summons and the complaint at the reception desk of the hospital at which the physician practiced. Eventually, the summons and the complaint were delivered to the physician. The summons stated that service would be made by the commissioner of insurance or the U.S. mail. In his answer to the complaint, the physician asserted insufficiency of service of process, and stated that the summons indicated that service was made by the commissioner of insurance through the U.S. mail. No new process was issued. |
Montgomery | Court of Appeals | |
State of Tennessee v. Corey Gilliam
The Defendant-Appellant, Corey Gilliam, was convicted by a Shelby County jury of theft of property valued at over $1,000, felon in possession of a handgun, leaving the scene of an accident resulting in injury, and driving on a suspended license. He was sentenced to twelve years as a career offender for the theft of property conviction, six years as a career offender for the felon in possession of a handgun conviction, eleven months and twenty-nine days for the leaving the scene of an accident resulting in injury conviction, and eleven months and twenty-nine days for the second or subsequent driving on a suspended license conviction. The trial court ordered the sentences to be served consecutively. In this appeal, the defendant argues: (1) the insufficiency of the evidence; (2) the trial court erred by providing the jury with an instruction on reasonable doubt that was unconstitutional; (3) the trial court erred by finding that the defendant’s 2007 conviction for aggravated robbery was admissible for impeachment; (4) the imposition of consecutive sentencing violated the Sixth Amendment; (5) the State failed to elect when the defendant drove on a suspended license in the indictment; and (6) the jury instructions for leaving the scene of an accident resulting in injury and driving on a suspended license failed to charge a mens rea. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
James Miller v. State of Tennessee
The petitioner, James Leon Miller (hereinafter “the petitioner”), was convicted by a jury of criminal responsibility for first degree murder and criminal responsibility for aggravated assault. He now appeals the denial of post-conviction relief, claiming “the trial court erred in finding that the trial court counsel effectively assisted and represented the [petitioner].” Upon our review of the record, we affirm the judgment of the post-conviction court. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Brian David Thomason
Pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure, the Defendant-Appellant, Brian David Thomason (“Thomason”), appeals from the denial of his application for pretrial diversion to the Gibson County District Attorney General’s office, which was upheld by the trial court. Upon review of the record and applicable authority, we reverse the judgment of the trial court and remand this matter to the trial court to grant Thomason pretrial diversion under such terms and conditions as are deemed appropriate under all circumstances. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Wiley Rathbone
The Defendant, Wiley Rathbone, was convicted by a jury in Cocke County Circuit Court of three counts of aggravated assault, Class C felonies, and one count of domestic assault, a Class A misdemeanor. The trial court imposed sentences of five years for each aggravated assault offense and eleven months and twenty-nine days for the domestic assault offense, ordering all sentences to be served concurrently except for one aggravated assault sentence which is to be served consecutively and on probation, for a total effective sentence of five years incarceration followed by five years probation. In this appeal as of right, he contends (1) that the State’s comments before the jury denied him a fair trial, (2) that the evidence is insufficient to support his convictions, and (3) that the trial court imposed an excessive sentence both in length and manner of service. Following our review, we affirm the convictions but remand the case for reconsideration of the lengths of the sentences and imposition of consecutive sentences. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Timothy Garvin Odom
Following a jury trial, Defendant, Timothy Garvin Odom, was found guilty of rape of a child, a Class A felony. The trial court sentenced Defendant as a Range One, standard offender, to eighteen years. On appeal, Defendant argues that (1) the evidence was insufficient to support his conviction; (2) the trial court erred in denying his motion to suppress his statement; and (3) the trial court erred in its sentencing determinations. After a thorough review, we affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Jonathan Fredrick Walker
The State appeals the trial court’s grant of a motion to suppress the evidence seized as a result of a search of the vehicle of Defendant, Jonathan Frederick Walker. The seized items led to Defendant’s indictment for possession of more than 0.5 grams of cocaine with the intent to sell or deliver. Because the State was unable to prosecute the case without the suppressed evidence, the trial court entered an order dismissing the charges against the Defendant. After a review of the record, we affirm the judgment of the trial court. |
Obion | Court of Criminal Appeals | |
Victor L. Powell v. State of Tennessee
After a trial by jury, Victor L. Powell, the petitioner, was convicted of vehicular homicide by intoxication and three counts of vehicular assault. He now appeals the denial of post-conviction relief. Upon our review of the record, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Maurice Currie
Following a jury trial, Defendant, Maurice Currie, was found guilty of possession of more than 0.5 grams of cocaine with the intent to sell or deliver, a Class B felony. The trial court sentenced Defendant, as a Range I, standard offender to eight years. On appeal, Defendant argues that (1) the evidence is insufficient to support his conviction; (2) the trial court erred in denying his motion for a continuance; (3) the sentence imposed is excessive; and (4) the trial court erred in denying Defendant’s motion that he be declared indigent for appellate purposes. Upon our close review of the evidence, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
James Jeffrey Jackson v. Kristi Lyn Williams
This is a post-divorce petition for contempt and to modify a parenting plan. The parties divorced when their son was about three years old. They were awarded joint custody of their son and the mother was designated as the primary residential parent. Many disputes ensued. The father filed a contempt petition against the mother, claiming that she was in contempt for failing to schedule compensatory weekend parenting time for the father after the child spent one of his weekends with the mother, and for causing the father to miss six scheduled telephone calls with their son over an eight-month period. The father asserted that this and other conduct showed that the mother intended to alienate the child from him, and on this basis filed a petition to modify the parenting plan. After a hearing, the trial court denied the father’s petitions for contempt and for modification. We affirm. |
Dyer | Court of Appeals | |
State of Tennessee v. Johnny Peterson
The defendant, Johnny Peterson, was convicted of first degree murder and attempted first degree murder. He received a life sentence for his first degree murder conviction and a sentence of twenty-one years for his attempted first degree murder conviction to run concurrently with his life sentence. On appeal, the defendant argues that the evidence presented at trial was insufficient to sustain his convictions. Following our review of the parties’ briefs, the record, and the applicable law, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Joseph Marion Barker v. Angel Chandler
This post-divorce appeal challenges the “overnight paramour” provision in the parties’ parenting plan. By agreement, the parties sought to modify the parenting plan for their two teenage children, a son and a daughter. At the time, the father lived with his new wife, and the mother lived with her unmarried partner of nine years. The parties agreed that the father would be the primary residential parent of their son, and that the mother would be the primary residential parent of their daughter. The permanent parenting plan form completed by the parties included a “paramour provision,” in accordance with a local court rule mandating that parenting plans prohibit the non-spouse paramour of either parent from spending the night in the same residence as the minor child. The mother objected to the inclusion of this provision, arguing that the children’s best interest would be served by permitting them to stay in her home along with her partner. Despite finding that the children’s well-being would not be adversely impacted by the arrangement on which the parties had agreed, |
Gibson | Court of Appeals | |
Jeffery Yates v. State of Tennessee
The petitioner, Jeffery Yates, was convicted of aggravated robbery and sentenced as a career offender to confinement for thirty years at sixty percent. Following his unsuccessful appeal of his conviction, he filed a petition for post-conviction relief, alleging that trial and appellate counsel were ineffective. After an evidentiary hearing, the post-conviction court determined that the petition was without merit, and we affirm the dismissal. |
Shelby | Court of Criminal Appeals | |
Mark VII Transportation Co., Inc. v. Responsive Trucking, Inc.
This action arises from an agreement between Appellant Mark VII Transportation Co. and Appellee Responsive Trucking, Inc. Appellant filed suit seeking to recover for breach of contract based on the Carmack Amendment standard of liability adopted by the parties in their agreement and for indemnification as allowed by their agreement. Both parties moved for summary judgment. The trial court denied Appellant’s motion for summary judgment and granted Appellee’s motion for summary judgment. Finding material issues of fact in dispute, we affirm in part and reverse in part. |
Shelby | Court of Appeals | |
Timothy Casterlow v. State of Tennessee
The petitioner, Timothy Casterlow, pro se, appeals the summary dismissal of his writ of error coram nobis as being filed outside the one-year statute of limitations. He contends due process principles should toll the running of the statute of limitations because the newly discovered evidence was not timely sent to him by his attorney. After review of this record, we conclude that due process does not require the tolling of the statute of limitations. |
Shelby | Court of Criminal Appeals | |
Jerry Sandridge v. State of Tennessee
The petitioner, Jerry Sandridge, was convicted of two counts of aggravated robbery and, upon his direct appeal, this court modified one of the convictions to aggravated assault and remanded for resentencing. The resentencing was affirmed on direct appeal. On January 15, 2009, the petitioner filed a petition for post-conviction relief, asserting prosecutorial misconduct and denial of the effective assistance of counsel. Concluding that the petition was untimely, the post-conviction court dismissed it without a hearing, and this appeal resulted. Following our review, we affirm the dismissal. |
Lauderdale | Court of Criminal Appeals | |
Brenda Stone, individually and derivatively in her capacity as a director of Appalachian caverns Foundation vs. Scott Smile, et al
The plaintiff initiated this action on behalf of a foundation of which she was formerly a director. She sought to reinstate a deed of trust securing a note belonging to the foundation and to set aside a fraudulent conveyance of the property that was subject to the deed of trust. The trial court found that the release of the deed of trust was improper and that the conveyance was fraudulent and, thus, reinstated the deed of trust and set aside the conveyance of the property. We affirm. |
Sullivan | Court of Appeals | |
Jose Zacarias Quinteros v. State of Tennessee
Petitioner, Jose Zacarias Quinteros, filed a petition for post-conviction relief in which he alleges that his guilty plea was involuntary and that he received ineffective assistance of counsel after he pled guilty to driving without a license in Davidson County in April of 2007. After a hearing, the post-conviction court denied relief. We determine that Petitioner has failed to show that he received ineffective assistance or that his guilty plea was entered involuntarily. Accordingly, the judgment of the post-conviction court is affirmed. |
Davidson | Court of Criminal Appeals | |
Renee L. Johnson v. Grayson Rowsell, et al
Jackson County- This is a summary judgment case arising from a personal injury lawsuit. Plaintiff/Appellant alleged liability on the part of Appellee delivery company arising from the negligent acts of its driver. Finding that the driver was an independent contractor, and that the exceptions to the general rule of non-liability on the part of the employer of an independent contractor do not apply in this case, we affirm the grant of summary judgment in favor of Appellee delivery company. |
Jackson | Court of Appeals | |
State of Tennessee v. Melvin Jerome Reed, Jr.
The defendant, Melvin Jerome Reed, Jr., pled guilty to possession of 300 grams or more of a Schedule I controlled substance with intent to sell or deliver, a Class A felony, in exchange for a Range I sentence of twenty years, to be served consecutively to two other sentences. As a condition of his guilty plea, the defendant reserved three certified questions of law pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure regarding the legality of the traffic stop, detention, and search of his vehicle on March 16, 2007. We conclude that the questions are properly certified and that the trial court ruled correctly in denying the motion to suppress. |
Davidson | Court of Criminal Appeals | |
Keith M. Farnham v. Donna M. Farnham
The plaintiff filed this action seeking to review the business records of the defendant, asserting under oath that she is a 25 percent shareholder of the defendant corporation. The defendant moved to dismiss. The trial court found that the plaintiff had complied with the requirements of Tenn. Code Ann. §48-26-104(a) – the corporate records statute – and ordered the defendant to comply with the request to inspect and/or copy corporate records. The trial court also ordered the defendant to pay the plaintiff’s attorney fees. We reverse. |
Knox | Court of Appeals | |
Michael D. Reed vs. Darla Carden Steadham
The father left his salaried employment and began his own construction business, which resulted in a substantial decrease in his annual income. As a result the father reduced his child support payments to the mother, who then asked the Trial Court to find the father was voluntarily under employed and the Court should impute additional income, based upon his true earning capacity. After an evidentiary hearing, the Trial Court found the father was not willfully unemployed and adjusted the child support amount in accordance with the guidelines based on his then income. The mother has appealed. On appeal, we affirm the Judgment of the Trial Court and remand. |
Hamilton | Court of Appeals | |
State of Tennessee v. Atavis Cortez Cunningham
The defendant, Atavis Cortez Cunningham, was convicted by a Dyer County Circuit Court jury of aggravated assault, a Class C felony, and sentenced to eight years as a Range II offender. On appeal, he argues that the jury was unconstitutionally empaneled and the evidence was insufficient to support his conviction. After review, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Robert J. Lewellen
The defendant, Robert J. Lewellen, pled guilty in two different cases to nineteen counts of burglary, thirteen counts of theft, five counts of vandalism, and one count of fraudulent use of a credit card and was sentenced to sixteen years, suspended to probation after service of twenty-four months in jail. On appeal, he argues that the trial court’s imposition of an effective sixteen-year was excessive. After review, we remand for entry of a judgment in Count 20 of Case Number 08-310 judgments of the trial court in all other respects. |
Madison | Court of Criminal Appeals | |
Alanna Christy Daniels Howe v. John Ashley Howe
In this divorce action, after a long and contentious trial, the Trial Court awarded the mother the divorce and awarded custody of the parties' minor child to the father. The sole issue on appeal by the mother is the award of custody to the father. We affirm the Judgment of the Trial Court. |
Hamilton | Court of Appeals |