Edmund Zagorski vs. State of Tennessee
Petitioner, Edmund George Zagorski, appeals from the dismissal of his post-conviction relief petition. He was previously convicted of two (2) counts of first degree murder and sentenced to death by electrocution. Zagorski contends the trial court erred in dismissing his petition for post-conviction relief and presents to this Court the following issues for review: (1) whether the jury charge on the “heinous, atrocious or cruel” aggravating circumstance was unconstitutional; (2) whether he received effective assistance of counsel regarding the motion to suppress his statements; (3) whether he received effective assistance of counsel due to the failure of counsel to present mitigating evidence at his sentencing hearing; (4) whether the trial court’s denial of certain expert services and the failure of trial counsel to request other expert services violated his constitutional rights; and (5) whether the state withheld exculpatory evidence from trial counsel. Finding that the petition for post-conviction relief was properly dismissed, we AFFIRM the judgment of the trial court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Rod Mills
In January 2004, a Sevier County grand jury indicted the defendant, Rod Mills, on one count of theft over $10,000, a Class C felony. The defendant waived his right to a jury trial. In May 2006, a bench trial was held and the defendant was found guilty on the sole count of the indictment. The trial court sentenced the defendant to five years in prison as a Range I, standard offender. The defendant appeals, alleging that the evidence was insufficient to support his conviction. We conclude that the evidence was insufficient to prove that the defendant possessed the requisite mental state and therefore reverse the judgment of the trial court and dismiss the case. |
Sevier | Court of Criminal Appeals | |
Christy L. Taylor v. Randall Robinson, Jr.
The mother of a twelve year old boy filed a petition to establish the paternity of the child. A DNA test confirmed that the man named in the petition was indeed the biological father, and he agreed to pay temporary child support during the pendency of the case. The mother asked the court to order the father to pay retroactive child support back to the date of the child’s birth, in accordance with the child support guidelines. After a hearing, the trial court decided that a deviation from the guidelines was warranted because of the mother’s failure to inform the father of his possible paternity prior to filing the legitimation petition. The court accordingly ordered that retroactive support be paid only from the date of the filing of the petition. We affirm the trial court, but remand this case so the court can state in its order the “the total amount of retroactive support that would have been paid retroactively to the birth of the child, had a deviation not been made by the court,” as is required by Tenn. Code Ann. § 36-2-311(a)(11)(F). |
Rutherford | Court of Appeals | |
WATCO, a joint venture comprised of Wayne Todd and Wilson Holdings, LP v. Pickering Environmental Consultants, Inc., a Tennessee Corporation
The plaintiff, a real estate development company, conditionally agreed to purchase real property from a trustee bank if the bank first obtained a satisfactory “Phase I” environmental site assessment of the property. The trustee bank hired the defendant environmental consulting company to perform a Phase I environmental site assessment. After performing an assessment, the defendant prepared a report in which it represented that it had conformed with the applicable professional standard in its assessment, that it had not detected any hazardous materials or environmental concerns at the subject property due to current or past uses of the property, that it had not identified any significant environmental concerns in the surrounding area of the subject property, and that it did not recommend further environmental review of the subject property. The plaintiff purchased the subject property in 1995. During residential development of the subject property in 2004, the plaintiff discovered the remains of a municipal garbage dump which had previously existed adjacent to the subject property, and which extended under a portion of the subject property. The plaintiff had the garbage removed and the land filled, and development was delayed as a result. The plaintiff development company sued the defendant environmental consulting company, alleging professional negligence and negligent misrepresentation. A bench trial was held, and the trial court entered judgment in favor of the defendant. For the following reasons, we affirm. |
Shelby | Court of Appeals | |
Daniel Lynn Owens v. State of Tennessee
The petitioner, Daniel Lynn Owen, pled guilty to arson (Class A felony) and setting fire to personal property (Class E felony), agreeing to a concurrent sentence of ten years for arson and two years for setting fire to personal property, as a Range II, multiple offender. The original judgment incorrectly listed the conviction for arson as a Class B felony rather than a Class C felony, and the trial court later amended the judgment to correctly indicate the petitioner had been convicted of a Class C felony. The petitioner filed this appeal to contest the amended judgment. We conclude that correcting a clerical mistake does not trigger a Tennessee Rule of Appellate Procedure 3 appeal as of right. No error exists, and the appeal is dismissed. |
Blount | Court of Criminal Appeals | |
Carlos Sommerville v. State of Tennessee
The petitioner, Carlos Sommerville, was convicted of first degree felony murder, second degree murder, and attempted first degree murder. The murders were merged, and the petitioner is serving an effective life sentence. The petitioner appeals from the trial court’s summary dismissal of his post-conviction petition. He contends his petition contained an allegation of ineffective assistance of trial counsel, which should have protected the petition from summary dismissal. After review, we conclude the post-conviction court improperly summarily dismissed the petition because it did state a basis to support the petitioner’s claim of ineffective assistance of counsel. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Frank Brzezowski
The defendant, Frank Brzezowski, was convicted of two counts of aggravated assault and three counts of aggravated rape and was sentenced to an effective term of twenty-two years to be served at 100%. On appeal, he argues that: (1) the evidence was insufficient to support his convictions; (2) the trial court erred in denying his motion for new trial; and (3) the trial court erred in its sentencing determination. Upon our review of the record and the parties’ briefs, we affirm the defendant’s convictions, but remand for a new sentencing hearing. |
Benton | Court of Criminal Appeals | |
State of Tennessee v. Janice Burnette - Concurring
David G. Hayes, Judge, separate concurring. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Janice Burnette
The defendant, Janice Burnette, was convicted of theft of property valued between $1,000 and $10,000, and was sentenced to three years, suspended after service of thirty days with the balance on probation. On appeal, she argues that: (1) there was a material and highly prejudicial variance between the indictment and the evidence presented at trial; (2) there was a material variance between the indictment and the jury charge; (3) the trial court erred in denying her request that the jury be instructed she was indicted for theft of pseudoephedrine not general merchandise; (4) the charge given to the jury was insufficient; (5) the indictment was flawed and the trial court cured it by giving the jury the general theft charge; (6) she was denied her 6th Amendment right to face her accusers and be adequately prepared to defend herself against the charge of theft of general merchandise; (7) the state did not meet its burden of proof as to theft of pseudoephedrine products; and (8) the state’s closing argument was improper. After our review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
Homer T. Rivers v. State of Tennessee
The petitioner, Homer T. Rivers, appeals from the Hardeman County Circuit Court’s dismissal of his post-conviction petition. He claims that the trial court erred in dismissing his petition for failure to state a colorable claim and seeks appointment of counsel and an evidentiary hearing. The state agrees that the trial court should not have dismissed the petition. We agree and reverse the dismissal and remand the case for further proceedings. |
Hardeman | Court of Criminal Appeals | |
Nanci I. Holden v. Paul D. Holden
This is a post-divorce case. Paul D. Holden (“Husband”) filed a petition against his former spouse, Nanci I. Holden (“Wife”), seeking to modify the parties’ residential parenting plan pertaining to their minor children. Around the same time, the Department of Children’s Services (“DCS”) received an anonymous referral regarding the children’s “safety and possible sexual abuse” at Wife’s residence. The trial court subsequently appointed a guardian ad litem for the children. The court found, as was recommended by the guardian ad litem, that Husband was entitled to more parenting time with the children. The court also found that there was no foundation for the complaint made to DCS regarding the children. The court ordered Husband to pay the fees of the guardian ad litem. Husband appeals that order. We affirm. |
Hamilton | Court of Appeals | |
State of Tennessee v. Trisha Plemmons
Blount County- The Defendant, Trisha Plemmons, appeals the revocation of her community corrections sentence. Finding no error on the part of the trial court, we affirm. |
Blount | Court of Criminal Appeals | |
Virginia Dell Person v. James R. Wilson, et al., and Coffee County, Tennessee, et al.
This appeal arises from a two-car accident at the intersection of two county roads in Coffee County. The sixteen year-old driver of one of the two vehicles and his parents and sister, who were passengers in his vehicle, filed suit against the County for injuries they sustained in the accident, contending the County was at fault for failing to properly maintain the stop sign and vegetation at the intersection. The trial court attributed 50% of the fault to the County and 50% of the fault to the sixteen year-old driver. Because he was 50% at fault, the sixteen year-old driver was not awarded damages against the County; however, his parents and sister were awarded judgments against the County for 50% of their damages. On appeal, the County contends the parents are barred from recovering against it due to their negligence and negligent entrustment. The County also contends his sister was negligent for riding in the vehicle. We affirm. |
Montgomery | Court of Appeals | |
Ronald Ian Quimby v. State of Tennessee
The petitioner, Ronald Ian Quimby, was found guilty of incest (Class C felony) by a Giles County jury on November 12, 2003. On November 12, 2004, he agreed to a five-year sentence in the Department of Correction as a Range I, standard offender. On that day, the petitioner also pled guilty to five additional charges of incest, each carrying a five-year sentence, to be served consecutively for a total effective sentence of thirty years. On appeal, the petitioner contends that trial counsel was ineffective and argues that: (1) he did not knowingly, voluntarily, or intelligently waive his right to appeal his conviction; (2) counsel was not adequately prepared for trial; and (3) counsel failed to advise him regarding sentencing. After careful review, we conclude that counsel rendered effective assistance, and we affirm the judgment of the post-conviction court. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. Roseanne K. Ward and Jerry W. Ward
This appeal arises from the Benton County Circuit Court’s continued denial of pretrial diversion notwithstanding approval by the District Attorney General and previous reversal by this Court. This is the second interlocutory appeal in this matter. Upon due consideration of the record and the parties’ briefs, we reverse the circuit court’s judgment and remand for entry of an order approving the pretrial diversion agreement between the prosecutor and the defendants. |
Benton | Court of Criminal Appeals | |
Marcus Deangelo Lee A/K/A Marcus Jones v. State of Tennessee
The Petitioner, Marcus Deangelo Lee aka Marcus Jones, appeals the trial court's denial of his petition for coram nobis relief. The State has 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. We conclude that the State’s motion is meritorious. Accordingly, we grant the State's motion and affirm the judgment of the lower court. |
Shelby | Court of Criminal Appeals | |
John E. Lynch v. Tony Parker, Warden
The Petitioner, John E. Lynch, appeals the lower court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to assert a ground that would entitle him to habeas corpus relief. Accordingly, we affirm the trial court's dismissal. |
Lauderdale | Court of Criminal Appeals | |
Donna Funk v Target National Bank/Target Visa
In this suit on a credit card debt, the Trial Court granted plaintiff summary judgment on the amount claimed. On appeal, we affirm. |
Knox | Court of Appeals | |
Matthew Flory and Christi Flory v. John Arnold Fitzgerald
Plaintiffs purchased property from defendant by Warranty Deed which stated the property contained 15 acres. Plaintiffs subsequently learned in litigation with a neighbor over the boundary line, that the parcel only contained 10.66 acres. Plaintiffs then filed this action against defendant to recover damages and the Trial Court held that plaintiffs were entitled to damages under the warranties in the Deed in the amount of $6,660.00 for the shortage of acreage plus costs and the judgment they incurred in the boundary line dispute with their neighbor. On appeal, we affirm the Judgment of the Trial Court. |
Rhea | Court of Appeals | |
Charles Smith, Executor of the Estate of Ethel Rogers Smith v. Jerry Smith
The issue in this case is whether the trial court erred in denying the plaintiff’s Tenn. R. Civ. P. 60.02 motion for relief from judgment. Following a bench trial and judgment in favor of the defendant, a third party provided additional materials pursuant to an agreed discovery order, which were not previously disclosed to the parties before trial. The plaintiff filed a motion pursuant to Rule 60.02, requesting that the judgment be set aside based on this newly discovered evidence. The plaintiff also argued that the doctrines of equitable estoppel and judicial estoppel should be applied to grant relief from the judgment. The trial court denied the motion, and the plaintiff appealed. After careful review, we find that the trial court incorrectly applied the law in deciding on the plaintiff’s Rule 60.02 motion. Therefore, we vacate and remand. |
Hamblen | Court of Appeals | |
Diana B. Hannahan v. Terry Q. Hannahan
The trial court held Husband in contempt because he failed to comply with the terms of a postdivorce agreed order which modified the terms of the divorce decree regarding the disposition of the marital residence. On appeal, Husband argues that the agreed order was void because the trial court was without jurisdiction to modify the divorce decree after it became final. We hold that the agreed order, which was a modification of the divorce decree by the parties, was valid and enforceable. Accordingly, the trial court did not err in enforcing the terms of the agreed order by holding Husband in contempt of court for noncompliance with the order. |
Cumberland | Court of Appeals | |
State of Tennessee v. Anthony Tyrone Robertson
The Defendant, Anthony Tyrone Robertson, appeals from the order of the Montgomery County Circuit Court revoking his probation. In July of 2000, the Defendant pled guilty to sexual battery and received a six-year sentence as a Range III, persistent offender. The sentence was suspended following service of one year in the county jail, and the Defendant was placed on probation. On July 16, 2004, a warrant was issued, wherein it was alleged that the Defendant violated the conditions of his probation. The warrant was twice amended to include additional violations. After a hearing, the trial court concluded that the Defendant violated the conditions of his probationary sentence and ordered that his original six-year sentence to the Department of Correction be reinstated. On appeal, the Defendant argues that the trial court abused its discretion by revoking his probation and ordering that the remainder of his sentence be served in confinement. After a review of the record, the judgment of the trial court is affirmed. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Leah Joy Ward
The defendant, Leah Joy Ward, was found guilty by a jury of first degree premeditated murder. She was sentenced to life imprisonment. The only issue presented on appeal is whether the evidence supports the element of premeditation. After review, we conclude the evidence was sufficient and affirm the conviction. |
Shelby | Court of Criminal Appeals | |
Guillermo Matias Juan v. Virginia Lewis, Warden and State of Tennessee
The petitioner, Guillermo Matias Juan, pled guilty in the Hamilton County Criminal Court to second degree murder and received a sentence of sixty years incarceration in the Tennessee Departmentof Correction. Thereafter, the petitioner filed a petition for habeas corpus relief, alleging that his sentence was void because he did not have the requisite criminal history to qualify as a persistent offender. The habeas corpus court denied the petition, and the petitioner appeals. Upon review of the record and the parties’ briefs, we affirm the judgment of the habeas corpus court. |
Bledsoe | Court of Criminal Appeals | |
State of Tennessee v. Alton Tappan
A Shelby County jury convicted the defendant, Alton Tappan, of aggravated burglary and theft of property valued at $1,000 or more but less than $10,000. The trial court imposed an effective incarcerative sentence of 14 years. On appeal, the defendant challenges the sufficiency of the convicting evidence and complains that his sentence is excessive because the State failed to prove an offender range above Range I. Our review assures us that the evidence is sufficient and that the defendant was properly sentenced. We therefore affirm the convictions and sentence. |
Shelby | Court of Criminal Appeals |