Willie L. Hicks, Jr. v. State of Tennessee
The petitioner, Willie L. Hicks, appeals from the trial court's order dismissing his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petitioner has failed to establish that he is entitled to habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Justin Paul Bruce
Before the court is an appeal by the State as of right pursuant to Rule 3(c) of the Tennessee Rules of Appellate Procedure. The defendant, Justin Paul Bruce, moved to suppress evidence seized during a search of his automobile. The trial judge concluded that the evidence had been illegally seized and granted the motion to suppress. We affirm the judgment of the trial court and remand this case for further proceedings. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Jeremiah E. Hayes
The State has appealed to this Court pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure from an interlocutory order of the trial court suppressing evidence resulting from a search and seizure. The question presented for our review is whether the defendant had standing to contest the search of an outbuilding located on property near his premises. Upon review of the record, we affirm the trial court's findings that the defendant had a reasonable expectation of privacy in the outbuilding but not in the area surrounding the outbuilding. |
Rhea | Court of Criminal Appeals | |
Robert William Fuller, Jr. v. Lynn Gail Fuller
In this post-divorce action, Robert William Fuller, Jr. ("Father") filed a petition seeking, among other things, a modification of the custody arrangement with respect to the parties' minor son, Ryan; an enforcement of parenting time with both Ryan and his daughter, Caitlyn; and a finding of contempt against his former wife, Lynn Gail Harrison, formerly Fuller ("Mother"). Mother filed a counterclaim, seeking an increase in child support. Following a hearing, the trial court essentially denied Father's petition. It left Mother as the primary residential parent of both children. In addition, the trial court ordered that Father's visitation with Caitlyn would be at the sole discretion of a named counselor. The trial court did not find Mother in contempt. Father appeals. We affirm in part, reverse in part, and modify in part. |
Bradley | Court of Appeals | |
Kim Wells, et al. v. Hamblen County Tennessee, et al.
The trial court dismissed an action against the county arising from a deputy sheriff's allegedly negligent failure to arrest a man who had just assaulted his former girlfriend, the mother of his child. The man later murdered his young son. The mother of the child appealed. Because the public duty doctrine provided a shield from liability, and the complaint did not allege facts sufficient to establish the special duty exception, we affirm the trial court. |
Hamblen | Court of Appeals | |
State of Tennessee v. Larry Vaughn, alias Demertruis Moore
The defendant, Larry Vaughn, alias Demertruis Moore, appeals the revocation of his community corrections sentence by the Hamilton County Criminal Court. He argues that the record does not contain sufficient evidence to support the revocation. We affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Sara H. Fischer v. The Eldon Stevenson, Jr. Scholarship Fund Trust
This appeal arises from a trial court's order granting Appellee's motion which was labeled a motion to dismiss but treated as a motion for summary judgment. The trial court determined that Appellant lacked standing to bring her cause of action, and, alternatively, was barred from bringing her claim by the doctrine of collateral estoppel. Appellant seeks review by this Court, and, for the following reasons, we affirm. |
Davidson | Court of Appeals | |
State of Tennessee v. Jessie Levent Tharpe
The Appellant, Jessie Levent Tharpe, was convicted by a Henry County jury of evading arrest, possession of drug paraphernalia, and Class B felony possession of cocaine. He was subsequently sentenced to an effective eight-year sentence, which was suspended upon conditions of probation. On appeal, Tharpe raises the single issue of sufficiency of the evidence. Specifically, Tharpe challenges his convictions based upon inconsistencies in the testimony of the State’s witnesses. After review of the evidence presented, we find the evidence sufficient and affirm the judgments of conviction. |
Henry | Court of Criminal Appeals | |
George Osborne Wade v. State of Tennessee
The petitioner challenges the denial of his post-conviction petition, in which he contended, inter alia, that counsel was ineffective in failing to object to the composition of the jury pool. Upon review, we conclude that the petitioner failed to demonstrate that the venire was violative of his Sixth Amendment rights. As such, he has likewise failed to prove that counsel’s failure to object to the venire amounted to deficient performance or resulted in prejudice to him. We affirm the judgment of the post-conviction court. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Arthur T. Copeland
The defendant, Arthur T. Copeland, was convicted by a Blount County jury of one count of first degree premeditated murder. The jury found that the state proved one aggravating circumstance: The defendant was previously convicted of one or more felonies involving violence to the person. Upon its further finding that the aggravating circumstance outweighed the mitigating circumstances beyond a reasonable doubt, the jury sentenced the defendant to death. In this appeal as of right, the defendant raises issues regarding the sufficiency of the evidence; the exclusion of jurors; an invalid indictment; the admission of certain testimony; the exclusion of expert testimony; his right to testify in his own defense; the denial of due process; the denial of his motion for continuance; the denial of his motion to suppress; error by the trial court during voir dire; the denial of a change of venue; prosecutorial misconduct during closing argument in the guilt and sentencing phases; discovery violations by the prosecution; error in allowing the introduction of certain photographs; denial of a request for a special jury instruction; the failure to charge the jury on a self-defense theory; the refusal to disqualify the district attorney's office; the refusal to excuse trial counsel from post-trial representation of the defendant; the failure to grant a new trial based on newly discovered evidence; improper jury instructions; the denial of expert funding for development and use of mitigation evidence; the admission of photos of the victim; the cumulative effects of errors during the guilt and sentencing phases; and various constitutional challenges to the death penalty and to the statutory capital sentencing procedure in this state. After review, this court concludes that reversible error attended the trial court's response to defendant's decision not to testify and that the death penalty in this case is disproportionate to the particular offense. We therefore reverse the conviction and sentence. |
Blount | Court of Criminal Appeals | |
Alice Ann Travis v. Kayser-Roth Corporation
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court dismissed the case finding plaintiff had not established sufficient evidence to prove notice and causation of injury. Plaintiff insists the court was in error in weighing the evidence. The judgment is affirmed. |
Rhea | Workers Compensation Panel | |
Terry L. Sahlin v. Laboratory Glass, Inc.
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court awarded the employee 100 percent permanent disability. The employer contends the trial court was in error in calculating the average weekly wage and in finding the employee was totally disabled. Judgment is affirmed. |
Sullivan | Workers Compensation Panel | |
Joseph A. Maine v. State of Tennessee
The petitioner, Joseph A. Maine, appeals the dismissal of his petition for post-conviction relief, arguing that his guilty pleas were not knowing or voluntary and that his trial counsel was ineffective for, among other things, erroneously advising him that he would be eligible for release after serving only twenty-five years of his life sentence.1 Because the record reflects that the petitioner was similarly misinformed by the trial court as to the release eligibility date for his life sentence, we conclude that his pleas were not knowing or voluntary. Accordingly, we reverse the post-conviction court’s dismissal of the petition and remand the case for the petitioner to withdraw his pleas of guilty. |
Cocke | Court of Criminal Appeals | |
Yolando Odom v. State of Tennessee
The Appellant, Yolando Odom, appeals the Knox County Criminal Court's denial of his petition for post-conviction relief. Under the terms of a plea agreement, Odom pled guilty to one count of robbery and accepted an eight-year sentence as a Range II offender, despite only meeting the statutory criteria for a Range I offender. On appeal, Odom contends that his plea was not knowingly and voluntarily entered due to trial counsel's ineffectiveness in failing to inform him of possible defenses at trial and in failing to review the proof with respect to the elements of the indicted offense of aggravated robbery. Following review of the record, we affirm the denial of the petition. |
Knox | Court of Criminal Appeals | |
Bronzo Gosnell, Jr. v. State of Tennessee
A Greene County jury convicted the Petitioner, Bronzo Gosnell, Jr., of second degree murder, and the trial court sentenced him to twenty-five years in prison. This Court affirmed the Petitioner's conviction on direct appeal, and the Tennessee Supreme Court denied permission to appeal. The Petitioner filed a petition for post-conviction relief, which the post-conviction court summarily dismissed as time-barred. Because we agree that the petition is time-barred, we affirm. |
Greene | Court of Criminal Appeals | |
Tyris Lemont Harvey v. State of Tennessee
The Petitioner, Tyris Lemont Harvey, pursuant to a negotiated plea agreement, pled guilty to burglary and theft of property valued over $500. Pursuant to the plea agreement, the trial court sentenced the Petitioner to an effective four-year sentence, as a Range II offender, and ordered that the Petitioner's sentences run consecutively to a prior sentence. The Petitioner filed a petition for post-conviction relief, alleging that he received ineffective assistance of counsel and that his guilty plea was involuntary and unknowing. The post-conviction court dismissed the petition, and the Petitioner now appeals. Finding no reversible error, we affirm the judgment of the post-conviction court. |
Blount | Court of Criminal Appeals | |
Jay Guinn Christenberry vs. Doris Annette Christenberry
This is an appeal of a divorce action in which the Wife argues that the trial court failed to make an equitable distribution of the marital estate and the trial court erred in dismissing her independent lawsuit against Husband, and a corporation owned by Husband, for wages claimed to be earned by Wife and owing by the corporation. We hold that the distribution of marital property should be modified so as to award Wife sole ownership of the marital home, subject to Husband's right of first refusal to purchase the home in the event it is sold, and Husband's right to visit and maintain the gravesite of the parties' daughter, located near the home on part of the marital estate, upon Husband's providing reasonable notice to Wife. We further find that the trial court erred in dismissing Wife's lawsuit against Husband and therefore vacate the trial court's order dismissing with prejudice the Wife's lawsuit against Husband and the corporation. We affirm the trial court's ruling in all other respects. |
Blount | Court of Appeals | |
Linda Kissell d/b/a Full Moon Sports Bar and Driving Range v. McMinn County Commission, et al. - Dissenting
I agree with the result reached by the majority. I write separately to point out that the applicable statute, Tenn. Code Ann. § 57-5-105, expressly provides that an application for a beer permit “shall disclose” that “no . . . person to be employed . . . has been convicted of any violation of the laws [pertaining to beer or other alcoholic beverages] or any crime involving moral turpitude within the past ten (10) years.” Tenn. Code Ann. § 57-5-105(c)(7). In addition to this requirement pertaining to the contents of the application, Tenn. Code Ann. § 57-5-105(b), dealing with what “an applicant must establish,” contains a proof requirement using the same language. See Tenn. Code Ann. § 57-5-105(b)(4). |
McMinn | Court of Appeals | |
Linda Kissell d/b/a Full Moon Sports Bar and Driving Range v. McMinn County Commission, et al.
This case involves the Petitioner’s application for a permit to sell beer both on and off-premises of her proposed business establishment. The trial court affirmed the Appellee McMinn County Commission’s decision to deny the permit, pursuant to Tenn. Code Ann. § 57-5-105, on grounds that Petitioner’s application contained a false statement. Petitioner contends on appeal that she should have been granted the permit because she did not know the statement was false at the time she made it, and because she attempted to amend the application to correct the false statement prior to the hearing before the McMinn County Chancery Court. We affirm the judgment of the trial court. |
McMinn | Court of Appeals | |
State of Tennessee v. Martez Towen Fitts
The defendant, Martez Towen Fitts, pled guilty to sale of cocaine over .5 grams and was sentenced as a Range I, standard offender to eight years, all suspended except for forty-eight hours and the balance to be served on probation, with the first six months on intensive probation. Additionally, he was ordered to comply with alcohol and drug assessment programs, obtain his GED, and pay a $2000 fine. The trial court subsequently revoked the defendant's probation, and he appealed. Following our review, we affirm the judgment of the trial court. |
Sumner | Court of Criminal Appeals | |
Calvin O. Tankesly v. State of Tennessee
The petitioner, Calvin O. Tankesly, appeals the denial of his petition for writ of error coram nobis, arguing that the trial court should have granted him relief on the basis of newly discovered evidence allegedly showing that extraneous prejudicial information was imparted to the jury at his trial. Following our review, we affirm the order of the trial court denying the petition. |
Davidson | Court of Criminal Appeals | |
Thomas Braden v. Ricky Bell, Warden - Dissenting
I respectfully disagree with the majority opinion. I believe the judgments of conviction provide illegal sentences and are, therefore, void. I believe the case should be remanded for the trial court to transfer the case to the Marshall County Circuit Court for entry of corrected judgments of conviction. |
Davidson | Court of Criminal Appeals | |
Thomas Braden v. Ricky Bell, Warden
The petitioner appeals the denial of his habeas petition, contending that the judgments reflect thirty percent release eligibility rather than the statutorily mandated one hundred percent service required of multiple rapists. Because the petitioner was convicted by a jury, as opposed to pleading guilty, we conclude that the trial court was required to impose the one hundred percent service requirement. Therefore, the trial court’s failure to properly mark the judgments does not render the judgments void but should be amended as a clerical error, pursuant to Tennessee Rule of Criminal Procedure 36. We affirm the denial of habeas relief. |
Davidson | Court of Criminal Appeals | |
Wausau Insurance v. Vivian Dorsett
We granted this interlocutory appeal to determine whether the trial court erred in awarding the employee temporary total disability benefits in excess of 400 weeks where the employee had not attained maximum medical improvement within the 400-week period. We hold that the statutory "maximum total benefit" of 400 weeks applies to temporary total disability benefits. Therefore, we reverse the judgment of the trial court and hold that the employer's liability for temporary total disability benefits is statutorily limited to 400 weeks. We remand this case to the trial court for further proceedings consistent with this opinion. |
Coffee | Supreme Court | |
State of Tennessee v. Antonio Sanders
A Shelby County Criminal Court Jury convicted the defendant, Antonio Sanders, of two counts of first degree felony murder; two counts of aggravated robbery, a Class B felony; one count of aggravated burglary, a Class C felony; and five counts of attempted aggravated robbery, a Class C felony. The trial court merged the two counts of first degree murder together and the two counts of aggravated robbery together and sentenced the defendant to life imprisonment for the felony murder, eight years for the aggravated robbery, three years for the aggravated burglary, and three years for each count of attempted robbery, all to be served concurrently. The defendant appeals, claiming that the evidence is insufficient, that the trial court improperly approved the use of an interpreter at trial, and that the trial court erred in ordering the sequestration of the jury. We affirm the trial court. |
Shelby | Court of Criminal Appeals |