Thomas Fain Dalton, v. Linda Faye Dalton
In this divorce case, the appellant (wife) has appealed from the final divorce decree and division of marital assets by the Circuit Court for McMinn County.
|
Court of Appeals | ||
Joseph Granderson v. State of Tennessee
The petitioner, Joseph Granderson, was convicted by a jury of first degree murder and sentenced to life imprisonment. This Court affirmed the petitioner’s conviction and sentence on appeal. State v. Joseph Granderson, No. 02C01-9712-CR-00466, 1998 WL 506658 (Tenn. Crim. App. at Jackson, Aug. 20, 1998), perm. app. denied, (Tenn. Mar. 8, 1999). Subsequently, the supreme court denied permission to appeal. The petitioner filed a pro se petition for post-conviction relief alleging ineffective assistance of counsel on numerous grounds. Counsel was appointed and several amended petitions were filed. After hearing evidence on the petition over the course of several months, the post-conviction court entered an order granting post-conviction relief on the basis that trial counsel was ineffective because she failed to properly inform the petitioner of his potential sentence if convicted of first degree murder. The State appeals the post-conviction court’s decision. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Derrick L. Brown v. State of Tennessee
The Petitioner Derrick L. Brown 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. The Petitioner has failed to establish his entitlement to habeas corpus relief. Accordingly, we grant the State's motion and affirm the judgment of the lower court. |
Shelby | Court of Criminal Appeals | |
Isaac Jones v. State of Tennessee And Warden Stephen Dotson
The Petitioner, Isaac Jones, 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 pursuant to Rule 20, Rules of the Court of Criminal Appeals. The State’s motion is granted. The judgment of the trial court is affirmed. |
Hardeman | Court of Criminal Appeals | |
Sherry A. Hubble et al. v. Dyer Nursing Home
This workers’ compensation action arose out of an automobile accident occurring while the plaintiff was on her way to an orientation session held at a location separate from the nursing home facility at which she had been hired to work. The chancery court awarded the plaintiff 95% permanent partial disability and also ordered the defendant employer to reimburse State Farm, the insurer of the driver of the automobile, for medical payments made under the driver’s policy. The court did not order reimbursement for amounts paid by State Farm under the liability portion of the policy. On appeal, the defendant argues: 1) the plaintiff was not an employee at the time of the accident; 2) if she was an employee, the injury did not arise out of and in the course of the plaintiff’s employment; 3) the trial court erred in ordering the defendant to reimburse State Farm for medical payments made; and 4) the trial court erred in not allowing the defendant a credit for those amounts already paid by State Farm. The plaintiff appeals the finding of 95% permanent partial disability, arguing that the evidence supports a finding of permanent total disability. State Farm appeals the court’s denial of reimbursement for the amount State Farm paid under the liability provision of the policy. We accepted review before the case was heard or considered by the Special Workers’ Compensation Appeals Panel. Upon due consideration, we affirm the decision of the chancery court that the plaintiff was an employee, that she was injured in the course and scope of her employment, and that she suffered 95% permanent partial disability. We also hold that the trial court correctly ordered the defendant to reimburse State Farm for the medical benefits paid while denying reimbursement for the amounts paid under the liability provision. Finally, we conclude that the defendant is not entitled to a credit for the amount paid by State Farm. |
Gibson | Supreme Court | |
State of Tennessee v. James Leon Miller
On May 15, 2004, the victim, Charles Lawuary, was shot and killed in Humboldt, Tennessee in an area known as “the crossing.” A bystander was grazed by a bullet. The defendant, James L. Miller, and a co-defendant, Charles Lewis, were later arrested for the shootings. The Gibson County Grand Jury indicted the defendant for criminal responsibility for first degree murder and criminal responsibility for aggravated assault. Following a jury trial held on March 21, 2005, the jury found the defendant guilty as charged. The defendant was sentenced to life in prison for the murder conviction and six years for the aggravated assault conviction, to be served concurrently with the life sentence. The defendant appeals, arguing that, the State failed to prove the venue of the crime, the trial judge failed to charge the natural and probable consequences rule to the jury, there was juror misconduct when one juror felt she was coerced into voting for a guilty verdict, and there was insufficient evidence to support the defendant’s conviction. We have reviewed the record in this case and affirm the judgment of the trial court. |
Gibson | Court of Criminal Appeals | |
Charles Cross v. Norrod Builders, Inc., et al.
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court our findings of fact and conclusions of law. In this appeal, the employer asserts that the trial court erred in failing to order the Employee to submit to a medical examination requested by the Employer, in admitting improper evidence concerning a Form C-32, Standard Form Medical Report for Industrial Injuries (C-32) submitted by the Employer, in failing to consider that C-32, and in awarding to the Employee 75% permanent partial disability to the body as a whole as a result of an injury sustained during the course of his employment with Norrod Builders, Inc. We conclude that the trial court committed no error and the evidence presented does not preponderate against the findings of the trial judge. In accordance with Tennessee Code Annotated §50-6-225(e)(2), the judgment of the trial court is affirmed. |
Putnam | Workers Compensation Panel | |
Debra Ann Seybold v. Clarksville Montgomery County School System
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court our findings of fact and conclusions of law. In this appeal, the |
Montgomery | Workers Compensation Panel | |
Cora Jean Earls v. Sompo Japan Ins. Co. of America, et al.
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court our findings of fact and conclusions of law. In this appeal, the |
Warren | Workers Compensation Panel | |
State of Tennessee v. Frank Peake, III
The Defendant, Frank Peake, III, was convicted of aggravated assault, and the trial court sentenced him to prison for six years as a Range II offender. On appeal, the Defendant contends that: (1) the trial court erred when it allowed a witness to testify about a prior threat made by the Defendant; (2) the trial court erred by failing to provide a jury instruction on circumstantial evidence and failing to provide a limiting jury instruction as to the prior threat made by the Defendant; and (3) the evidence presented at trial is insufficient to support his conviction for aggravated assault. Finding no reversible error, we affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
Andre Keith Mays v. State of Tennessee
A Davidson County jury convicted the Petitioner of two counts of first degree murder, two counts of especially aggravated robbery, and one count of attempted first degree murder. The Petitioner was sentenced to life plus an additional fifty years. The Petitioner filed a petition for post-conviction relief, which the post-conviction court dismissed. On appeal, the Petitioner contends that, because his trial counsel was ineffective, the post-conviction court erred when it dismissed his petition. Finding no reversible error, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Charles C. Wiley v. Clarence Williams, et al.
The issues presented in this appeal are whether the trial court erred in dismissing the Plaintiff’s complaint based on the doctrine of prior suit pending, and its determination that the Chancery Court lacked jurisdiction to hear a claim for unliquidated damages for personal injuries. We hold that the doctrine of prior suit pending is not applicable in this case, because Plaintiff’s claims in this case involve neither the same parties nor subject matter identical to that in the prior lawsuit filed in Probate Court, and because the Probate Court would not have had jurisdiction over Plaintiff’s claims filed in Chancery Court, had they been raised there. We further hold that, pursuant to the Supreme Court’s decision in Flowers v. Dyer County, 830 S.W.2d 51 (Tenn. 1992) and its progeny, the Chancery Court erred in dismissing Plaintiff’s claim for unliquidated damages for personal injuries, and we instruct the Chancery Court to transfer this claim to Circuit Court. |
Sevier | Court of Appeals | |
State of Tennessee v. Allan Joseph Robles
The defendant, Allan Joseph Robles, was convicted by a Henry County jury of aggravated sexual battery, a Class B felony, and was sentenced as a 100% violent offender to twelve years in the Department of Correction and fined $10,000. On appeal, he argues: (1) the evidence was insufficient to support his conviction; (2) the trial court erred in not granting his motion for acquittal; and (3) the trial court erred in not charging a lesser-included offense. Following our review, we affirm the judgment of the trial court. |
Henry | Court of Criminal Appeals | |
Courtney Catrell Goss v. State of Tennessee
The petitioner, Courtney Catrell Goss, appeals t 1 he Fayette County Circuit Court’s denial of his petition for post-conviction relief from his guilty plea to rape and the resulting twelve-year sentence. He contends that he did not plead guilty voluntarily and that he received the ineffective assistance of counsel. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Fayette | Court of Criminal Appeals | |
Donnie W. Foulks v. State of Tennessee
The Appellant, Donnie W. Foulks, appeals the judgment of the Greene County Criminal Court denying post-conviction relief. On appeal, Foulks argues that he was denied his Sixth Amendment right to the effective assistance of counsel and that his sentencing violated the constitutional mandate of Blakely v. Washington. After review of the record, we affirm the denial of post-conviction relief. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Michael Kenneth Sisco
A Warren County Circuit Court jury convicted the defendant, Michael Kenneth Sisco, of driving under the influence (DUI), second offense, a Class A misdemeanor, and the trial court sentenced him to eleven months and twenty-nine days with sixty days to serve in confinement and the balance on probation. On appeal, the defendant contends that the evidence is insufficient, that the trial court erred in allowing the testimony of a rebuttal witness, and that the trial court erred in sentencing. We affirm the judgment of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Solomon Galloway
A Shelby County Criminal Court jury convicted the appellant, Solomon Galloway, of two counts of aggravated robbery. The trial court merged the convictions and sentenced the appellant as a Range I, standard offender to eight years in the Department of Correction. In this appeal, the appellant claims that the trial court improperly enhanced his sentence in light of Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), which resulted in his being improperly classified as a standard offender instead of an especially mitigated offender. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Edward Coleman v. State of Tennessee
The petitioner, Edward Coleman, was convicted of first degree premeditated murder, and he received a sentence of life imprisonment. 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 appeals. Upon our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Luther Kirkwood v. Shelby County Government, d/b/a Shelby County Sheriff's Department, Jail Division
Employee of Shelby County Sheriff’s Department sought review of Civil Service Commission’s order upholding employee’s termination. The Chancery Court, Shelby County remanded the issue to the Civil Service Merit Review Board, and held that the Board’s failure to require any live testimony of Shelby County employees who made accusations against the former employee was a violation of employee’s due process rights to cross-examine his accusers, and that the obligation to call the accusers is that of the employer and not that of the employee. The matter came before this Court on a Rule 9 application for Interlocutory Appeal to consider only (1) whether the Civil Service Merit Review Board’s failure to require any live testimony of Shelby County employees who made accusations against former employee was a violation of former employee’s due process rights to cross-examine his accusers, and (2) whether the obligation to call the accusers is that of the employer, Shelby County, or that of the employee. We hold that the Civil Service Merit Review Board’s failure to require any live testimony of Shelby County employees who made accusations against former employee was not a denial of the employee’s due process rights due to the fact that the employee waived the opportunity to confront or cross-examine his accusers. Further, we find that there exist no obligation on the part of Shelby County to call the employee’s accusers, only that Shelby County must meet its burden of going forward and establishing a prima facie case against the employee. The chancery court order is vacated, and the order of the Civil Service Merit Board is |
Shelby | Court of Appeals | |
Trustmark National Bank v. Alvis Miller
Trustmark National Bank (“Trustmark”) obtained a judgment of replevin in Mississippi for a truck in the possession of Alvis Miller (“Appellant”). Prior to the Mississippi hearing, Trustmark properly served Appellant with notice, and Appellant filed a hand-written statement informing the court that he had a possessory lien on the truck for repairs made by Appellant. Despite this, the Mississippi court held that Trustmark’s lien had priority over Appellant’s possessory lien. When Trustmark sought to enroll the Mississippi judgment in Tennessee, Appellant argued that Tennessee courts should not extend full faith and credit to the Mississippi judgment because under Tennessee law, common law possessory liens have priority over prior recorded interests. The trial court enrolled the judgment and Appellant appealed. We affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Tony Allan Phipps
On May 31, 2002, following a jury trial, Defendant, Tony Allan Phipps, was convicted of voluntary manslaughter. Defendant was sentenced to serve eleven (11) years in the Department of Correction and ordered to pay a fine in the amount of five thousand ($5000.00) dollars. Defendant filed a motion for new trial which the trial court granted on October 14, 2002. On August 11, 2004, following another jury trial, Defendant was convicted of reckless homicide, ordered to pay a five thousand ($5000.00) dollar fine and sentenced to ten (10) years in the Department of Correction. Defendant appeals his conviction for reckless homicide. In his appeal, Defendant argues (1) the evidence in the record is insufficient to sustain a conviction for reckless homicide; (2) the evidence in the record does not support the jury verdict; (3) the jury verdict is contrary to law and evidence; and (4) the State did not prove beyond a reasonable doubt that Defendant did not act in self-defense as required by Tennessee Code Annotated section 39-11-611(b) (2003). The judgment of the trial court is affirmed. |
Sullivan | Court of Criminal Appeals | |
State Of Tennessee v. Clarence David Schreane, Alias Isaac Clarence Edmond, Alias Isaac Edmound, Alias David L. Schreane
A Hamilton County Criminal Court jury convicted the defendant, Clarence David Schreane, of first degree felony murder and especially aggravated robbery, a Class A felony, and the trial court sentenced him to life imprisonment for the murder and sixty years for the robbery, ordering the defendant to serve his sixty-year sentence as a career offender consecutively for an effective sentence of life plus sixty years. The defendant appeals, claiming the trial court erred in failing to suppress his confession. We affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
Steve Davis v. Tennessee Wildlife Resources Agency, et al.
In this appeal, we are asked to determine whether the chancery court properly granted summary judgment to the appellees on the appellant’s claims of malicious harassment and malicious prosecution. When it granted summary judgment to the appellees, the chancery court found that the appellant did not have a cognizable claim for malicious harassment because his claim was not based on race, color, religion, national origin, or ancestry and that the appellant’s claims for malicious prosecution failed because the appellees had not initiated the prosecution and probable cause existed to prosecute the appellant. On appeal, the appellant asserts that the statute granting a civil cause of action for malicious harassment is not limited to cases based on race, color, religion, national origin, or ancestry and that no probable cause existed to prosecute the appellant. Further, the appellant argues that if he has stated a cognizable claim for malicious harassment, the appellees are not entitled to any absolute or qualified immunity for their actions. Additionally, although the appellees won on this issue at trial, the appellees have appealed whether section 39-17-309 of the Tennessee Code standing alone gives rise to a private cause of action. We affirm. |
Benton | Court of Appeals | |
State of Tennessee v. Abbigail Morton
Following a jury trial, Defendant, Abbigail Morton, was convicted of one count of attempted premeditated first degree murder and one count of conspiracy to commit premeditated first degree murder. The trial court sentenced Defendant as a Range I, standard offender, to concurrent sentences of twenty years for each conviction. In her appeal, Defendant argues that (1) the testimony of the co-defendant, Robert Hunter, was insufficiently corroborated to support Defendant’s convictions; (2) the evidence was insufficient to support her convictions; (3) the trial court erred in not instructing the jury on the lesser included offense of solicitation of first degree murder; and (4) the trial court erred in not sentencing Defendant as an especially mitigated offender. After a thorough review of |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Tony Samuel
The Defendant, Tony Samuel, was convicted by a Lauderdale County jury of burglary and Class E felony theft. He received an effective seven-year sentence for these convictions. In this appeal as of right, the Defendant argues that: (1) the evidence is insufficient to support his convictions and (2) his sentences are excessive. After a review of the record, the judgments of conviction and resulting sentences are affirmed. |
Lauderdale | Court of Criminal Appeals |