Bob Patterson, Trustee of Shelby County, Tennessee v. A.C. Wharton, Jr., Mayor of Shelby County, Tennessee
After the Board of County Commissioners for Shelby County passed the county’s 2003–2004 budget, the Trustee of Shelby County filed suit against the county mayor pursuant to section 8-20-101 et seq. of the Tennessee Code seeking additional personnel and funding for his department. After entering into a settlement agreement with the county, the trustee filed a motion seeking to recover his attorney’s fees at a rate of $250 per hour. The county asserted that such fees were capped at $100 per hour pursuant to a budget resolution passed by the Board of County Commissioners. The trial court entered an order awarding the trustee his attorney’s fees at a rate of $250 per hour pursuant to section 8-20-107 of the Tennessee Code. The county appealed arguing that the trial court did not have the discretion to award attorney’s fees in excess of the $100 per hour limit placed on such fees by the county legislative body. We affirm the decision of the trial court. |
Shelby | Court of Appeals | |
Pun Wun Chan, D/B/A #1 China Buffett v. State of Tennessee, Knox County, and City of Knoxville
In this inverse condemnation action, the jury returned a verdict for the plaintiff which was approved by the Trial Court after a slight reduction in the amount. The State appealed and we affirm. |
Knox | Court of Appeals | |
Kenneth T. Whalum, Jr., et al. v. Pamela Harris Marshall, et al.
After delinquent property taxes accumulated on certain real property, the city and county pursued a tax sale of the subject property. The defendant purchased the property at the tax sale and received a deed from the clerk of the chancery court. After the one-year redemption period expired, the plaintiffs filed suit against various individuals and entities, including the present owner of the property and the county, seeking to rescind the sale. Specifically, the plaintiffs alleged that they were not provided with notice of the sale. The county subsequently conceded that it did not provide notice of the sale to the plaintiffs. The plaintiffs filed a motion for summary judgment. The present owner did not file an answer to the complaint and did not respond to the motion for summary judgment. After the trial court granted summary judgment to the plaintiffs, the present owner of the property filed a motion pursuant to Tennessee Rule of Civil Procedure 59.04 asking the trial court to set aside the order granting summary judgment. In her motion, the present owner sought to introduce evidence related to her claim that she was entitled to reimbursement for the approximately $68,000 spent improving the property. The trial court denied the motion, and the present owner appealed to this Court. We affirm the decisions of the chancery court in all respects. Moreover, we find this appeal to be so devoid of merit as to warrant the imposition of damages for the filing of a frivolous |
Shelby | Court of Appeals | |
George H. Ross, III v. Glen Turner (Warden) And State of Tennessee
The Petitioner, George H. Ross, III, appeals the trial court's denial of his petition for habeas corpus 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. Petitioner has failed to allege any ground that would render the judgments of conviction void. Accordingly, we grant the State's motion and affirm the judgment of the lower court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Darrell E. Pointer
The Defendant, Darrell E. Pointer, pled guilty to two counts of aggravated robbery, and the trial court sentenced him, as a Range III offender, to twenty years in prison for each count to be served consecutively. On appeal, the Defendant contends that the trial court erred when it imposed consecutive sentences. Finding that there exists no reversible error, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Marty Mitchell Clark
The defendant, Marty Mitchell Clark, was convicted by a Madison County jury of aggravated burglary, a Class C felony, attempted aggravated burglary, a Class D felony, theft of property under $500, and vandalism under $500, both Class A misdemeanors. He was sentenced as a Range II, multiple offender to ten and eight years, respectively, for the felony counts and eleven months and twenty-nine days for each misdemeanor, with all sentences to be served concurrently for a total effective sentence of ten years in the Department of Correction. On appeal, he argues the evidence was insufficient to support his convictions. Finding no error, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Spencer Peterson
The Appellant, Spencer Peterson, appeals the sentencing decision of the Shelby County Criminal Court. After a jury trial, Peterson was convicted of three counts of second degree murder, two counts of attempted second degree murder, eight counts of aggravated robbery, one count of aggravated burglary, three counts of attempted especially aggravated robbery, and two counts of attempted aggravated robbery. The trial court merged the three second degree murder convictions and the separate convictions of aggravated robbery involving the same victim and sentenced Peterson as a Range I offender to consecutive terms of twenty years for the second degree murder conviction and eight years for each of the four aggravated robbery convictions. The trial court ordered concurrent sentences for the remaining convictions, resulting in an effective sentence of fifty-two years in the Department of Correction. Peterson appealed the imposition of consecutive sentences, and this court remanded the case to the trial court for purposes of setting forth its reasons for consecutive sentencing, as required by Tenn. R. Crim. P. 32(c)(1). On appeal, Peterson again argues that the trial court erred in imposing consecutive sentences. After review of the record, we affirm the trial court’s sentencing decision. |
Shelby | Court of Criminal Appeals | |
In Re: Estate of James W. Ford, M.D.
This is the second appeal of this probate case in which this Court is asked to determine whether the Appellant’s claim against the decedent’s estate should be treated as a verified claim under the Claims Act, T.C.A. §30-2-306 et seq., as the trial court found, and controlled by the authorities therein, and then to determine the priority of Appellant’s claim as against the Internal Revenue Service/Appellee’s claim against the estate for decedent’s unpaid taxes. We find that Appellant’s claim is a verified claim against the estate and, as such, is subject to the Claims Act. Pursuant to both the Claims Act, T.C.A. §30-2-317, and the Federal Insolvency Act 31 U.S.C. §3713, the IRS’s claim is prime. Affirmed. |
Shelby | Court of Appeals | |
State of Tennessee v. Crystal Antonette Delaney
Pursuant to an open plea agreement, as provided by Tenn. R. Crim. P. 11(e)(1)(B), the Appellant, Crystal Antonette Delaney, aka Crystal Ward, pled guilty to identity theft, a Class D felony, and theft of property, a Class C felony. Following the guilty plea hearing, the Fayette County Circuit Court sentenced Delaney, as a Range III persistent offender, to ten years for the identify theft and twelve years for the theft of property. The court further ordered that the two sentences were to be served concurrently to each other but consecutively to an effective twelve-year sentence imposed in a separate Lauderdale County case. On appeal, Delaney contends that the trial court failed to properly consider and follow the sentencing guidelines and raises the following issues for our review: (1) whether the sentences imposed are excessive; and (2) whether the court erred in ordering that the sentences be served consecutively to her Lauderdale County sentence. Because the trial court failed to conduct a sentencing hearing as contemplated by our sentencing statutes, the record contains no findings of fact with regard to sentencing enhancement factors or the trial court’s reasons for imposing consecutive sentences. As such, we are unable to conduct a de novo review of the sentences imposed and, accordingly, remand the case to the Fayette County Circuit Court for a sentencing hearing and for written findings of fact and imposition of sentences in accordance with statutory law. |
Fayette | Court of Criminal Appeals | |
Sandra Denise Tomlin v. Federal Reserve Bank of Atlanta/Nashville Branch, et al.
This workers’ compensation appeal has been referred to the Special Workers’ Compensation |
Sumner | Workers Compensation Panel | |
Daryl Keith Holton v. State of Tennessee and Paul Denis Reid, Jr. v. State of Tennessee
We granted these appeals to determine whether a post-conviction trial court has the authority to consider petitions that are filed by the Post-Conviction Defender but are not verified under oath or signed by the petitioners. In Holton v. State, the post-conviction trial court entered an order staying Holton’s execution, appointing counsel, and requiring Holton to meet with counsel and a court appointed mental health expert. In Reid v. State, the post-conviction trial court entered an order staying Reid’s execution, appointing counsel, and staying the post-conviction proceedings. In both cases, the Court of Criminal Appeals denied the State’s application for an extraordinary appeal pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure. After reviewing the records and applicable authority, however, we conclude that the post-conviction trial courts did not have the authority to consider the petitions because they had not been signed or verified under oath and because the Post-Conviction Defender did not establish a proper basis to initiate the proceedings as “next friend.” Accordingly, the post-conviction trial courts’ orders are vacated, and the petitions are dismissed. |
Bedford | Supreme Court | |
In Re: Estate of Clifford Franklin Baker, et al. v. Lee King, et al.
This appeal involves a challenge to the validity of an antenuptial agreement. Executors under the decedent’s Will filed a petition in the General Sessions Court of Madison County, Probate Division, to have Will admitted to probate. Decedent’s wife then filed a notice and petition for elective share, for specific property, year’s support, homestead, and expedited hearing. The Executors, also beneficiaries under decedent’s Will, opposed the petition based on an antenuptial agreement the wife had entered into with the decedent prior to their marriage, and the wife challenged the enforceability of the antenuptial agreement. Following a hearing, the court upheld the validity of the antenuptial agreement, finding that the wife entered into the agreement knowledgeably and that the doctrine of equitable estoppel prohibited the wife from contesting the antenuptial agreement. Wife appeals. The dispositive question before this Court is whether the evidence preponderates against the trial court’s finding that the antenuptial agreement was valid and enforceable. We conclude that the record and applicable law do not support the trial court’s decision to enforce the antenuptial agreement. We reverse and remand this case to the probate court for further proceedings consistent with this Opinion. |
Madison | Court of Appeals | |
State of Tennessee v. Jerry Phillip Haley
The defendant, Jerry Phillip Haley, was convicted of aggravated burglary, theft over $1000, and assault. The trial court imposed Range II sentences of six years for the aggravated burglary, four years for the theft, and eleven months and twenty-nine days for the assault. The sentences were ordered to be served concurrently, for an effective sentence of six years. In this appeal, the defendant asserts (1) that the trial court erred by denying his motion for judgment of acquittal based on the insufficiency of the evidence and (2) that the trial court erred by failing to provide a jury instruction on facilitation of a felony. The judgments of the trial court are affirmed. |
Henry | Court of Criminal Appeals | |
State of Tennessee v. Marcus D. Hayes
The defendant, Marcus D. Hayes, was indicted for premeditated first degree murder. He was convicted by a jury of the lesser-included offense of second degree murder. He was sentenced to twenty-three years in confinement. On appeal, the defendant challenges the admissibility of his statements to police and the sufficiency of the convicting evidence. After review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Randy C. White
The State appeals the suppression of evidence by the Hardin County Circuit Court. Following his arrest for driving while intoxicated, the Defendant, Randy C. White, stated to the arresting officer that he was the driver of the vehicle. The trial court found that the statement was obtained in violation of Miranda v. Arizona. After review we conclude that, although the statement was made while White was in custody, it was not made in response to police interrogation. Thus, Miranda warnings were not required. Accordingly, we reverse the trial court’s suppression of the statement and remand for further proceedings consistent with this opinion. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Leroy Brimmer
A Shelby County Criminal Court jury convicted the appellant, Leroy Brimmer, of first degree premeditated murder, and the trial court sentenced him to life imprisonment. In this appeal, the appellant claims that the evidence is insufficient to support the conviction. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Paul Wilson v. Stephen Dotson, Warden
The petitioner, Paul Wilson, appeals the summary dismissal of his petition for writ of habeas corpus, arguing that prior judgments used to enhance his 2005 aggravated robbery sentence were illegal and void. Following our review, we affirm the judgment of the trial court dismissing the petition for writ of habeas corpus. |
Hardeman | Court of Criminal Appeals | |
Eddie Wayne Gordon v. State of Tennessee
The petitioner, Eddie Wayne Gordon, appeals the Gibson County Circuit Court’s denial of his petition for post-conviction relief from his guilty plea to first degree murder and resulting life sentence. He contends that he received the ineffective assistance of counsel and that his guilty plea was involuntary. Upon review of the record and the parties’ briefs, we affirm the post-conviction court’s judgment that the petitioner received the effective assistance of counsel. However, because the post-conviction court failed to address the issue of whether the petitioner pled guilty voluntarily, the case is remanded for further proceedings consistent with this opinion. |
Gibson | Court of Criminal Appeals | |
James Westbrook v. State of Tennessee
The petitioner, James Westbrook, appeals the dismissal of his petition for post-conviction relief, arguing that his trial counsel was ineffective for failing to file a motion to suppress evidence and for failing to call his codefendant as a witness at trial. Following our review, we conclude that the petitioner has failed to meet his burden of demonstrating either a deficiency in counsel’s performance or resulting prejudice to his case. Accordingly, we affirm the post-conviction court’s dismissal of the petition. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Shane M. McAnally - Dissenting
My colleagues conclude that, under the facts of this case, the appellant’s act of urinating in the patrol car constitutes vandalism. I respectfully disagree. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Shane M. McAnally
The appellant, Shane M. McAnally, was convicted by a Bedford County jury of misdemeanor vandalism and was sentenced to a term of eleven months and twenty-nine days, with sixty days to be served in confinement. On appeal, McAnally raises two issues for our review: (1) whether the evidence is sufficient to support the conviction; and (2) whether the sixty-day period of confinement is excessive. Following review of the record, we conclude that the evidence is sufficient to support McAnally’s conviction for vandalism, and therefore affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
Alexander C. Wells v. James Hefner, et al.
Plaintiff appeals the summary dismissal of his complaint for malicious prosecution against three officials at Tennessee State University. A former student of Plaintiff, a professor at Tennessee State University, filed a complaint with the Affirmative Action Officer at TSU, alleging sexual harassment by Plaintiff in the fall of 1990. Following a series of administrative proceedings within the university, Plaintiff was found to have violated its policy on sexual harassment and its standards of professional conduct and responsibility for which his employment was terminated. Plaintiff then filed a Petition for Review with the Chancery Court and successfully appealed his termination. As a consequence, his employment was reinstated. Thereafter, Plaintiff filed this action against three university officials who participated in the proceedings that led to his termination, asserting they lacked probable cause. We have determined the defendants never brought a lawsuit or judicial proceeding against Plaintiff, an essential element to a cause of action for malicious prosecution, and thus affirm the summary dismissal of the complaint. |
Davidson | Court of Appeals | |
Stacey Bold v. Sonoco Products Company, et al.
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Tennessee Supreme Court in accordance with the provisions of Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Employee has appealed the findings of the trial court, which determined that the Employee's claim was not compensable because she failed to establish a causal connection between her cervical injury and her employment. We conclude that the evidence is sufficient to establish causation. Therefore, we reverse the judgment of the trial court and remand the case for further proceedings consistent with this opinion. |
Madison | Workers Compensation Panel | |
William H. Stitts v. Clifford K. McGown, Jr.
The issue presented in this case is whether the trial court erred in dismissing with prejudice, on its own motion, a lawsuit alleging legal malpractice in which a summons was issued but never served on the defendant, and not reissued within one year. After careful review, we hold that the trial court did not err in dismissing the complaint. We affirm the judgment of the trial court. |
Johnson | Court of Appeals | |
James C. Johnson v. Tony Parker, Warden
The petitioner, James C. Johnson, was convicted of rape of a child, and he received a twenty-year sentence. Subsequently, he filed for habeas corpus relief, alleging that the Tennessee Department of Correction impermissibly changed his release eligibility from thirty percent to one hundred percent, his sentence is void because of Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), and his sentence is void because the State failed to file a notice of enhancement prior to trial. The habeas corpus court denied the petition, and the petitioner now appeals. Upon our review of the record and the parties’ briefs, we affirm the judgment of the habeas corpus court. |
Lake | Court of Criminal Appeals |