Opinions
Eastman Credit Union v. Thomas A. Bennett
|
Unicoi | Court of Appeals | |
State of Tennessee v. Brian Pillow
A Maury County Circuit Court Jury convicted the Appellant, Brian Pillow, of three counts of selling .5 grams or more of cocaine in a drug-free zone. The trial court imposed a total effective sentence of twelve years in the Tennessee Department of Correction. On appeal, the Appellant contends that the trial court erred by requiring the Appellant to expose his tattooed arms to the jury and by admitting photographs of his tattoos into evidence. Additionally, the Appellant challenges the sufficiency of the evidence sustaining his convictions. Upon review, we affirm the judgments of the trial court. |
Maury | Court of Criminal Appeals | |
Teresa Deion Smith Harris v. State of Tennessee
In 1994, a Henry County jury convicted the Petitioner, Teresa Deion Smith Harris, of first degree felony murder, and she was sentenced to life in prison without the possibility of parole. The Petitioner appealed, and this Court affirmed the Petitioner's conviction and sentence. State v. Teresa Deion Smith Harris, No W2012-00540-CCA-R3-CD, 1996 WL 654335, at *1 (Tenn. Crim. App., at Jackson, Nov. 12, 1996), perm. app. granted (Tenn. June 8, 1998). The Tennessee Supreme Court affirmed the Petitioner's conviction and sentence but found that there existed some harmless error in sentencing. State v. Harris, 989 S.W.2d 301, 316 (Tenn. 1999). The Petitioner filed a petition for post-conviction relief and two previous petitions for writ of error coram nobis. All of these petitions were denied, the Petitioner appealed, and this Court affirmed their denial. In this, her third, petition for writ of error coram nobis, the Petitioner alleged that she had received newly discovered evidence in the form of an affidavit from a doctor who said that her attorney was cavalier about the charges the Petitioner faced and seemed to not want to talk to the doctor about the Petitioner's case. The coram nobis court summarily dismissed the petition, finding it was filed outside the statute of limitations and that the evidence presented by the Petitioner was not newly discovered and was available to her before her 1994 trial. On appeal, the Petitioner, proceeding pro se, contends that the coram nobis court erred when it dismissed her petition without conducting an evidentiary hearing. After a thorough review, we affirm the coram nobis court's judgment. |
Henry | Court of Criminal Appeals | |
Starla Merkel v. Carl Shane Merkel
|
Bradley | Court of Appeals | |
State of Tennessee v. Christopher Hammack
Christopher Hammack (“the Defendant”) was indicted for one count of initiation of the process to manufacture methamphetamine (Count 1), one count of possession of a firearm during the commission of or attempt to commit a dangerous felony (Count 2), and one count of convicted felon in possession of a firearm (Count 3). The Defendant was convicted by a jury of the lesser included offense of facilitation of initiation of the process to manufacture methamphetamine in Count 1 and as charged in Count 2. A judgment of conviction was entered by the trial court in Count 3. On appeal, the Defendant challenges the sufficiency of the evidence underlying his convictions in Counts 1 and 2. Upon review, we conclude that there was insufficient evidence to support the Defendant’s convictions for Counts 1 and 2. Additionally, we conclude that the Defendant did not effectively waive his right to a jury trial or enter a plea of guilty in Count 3. The judgments of the trial court are reversed and the charges are dismissed. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Eddie Williams, Jr.
Eddie Williams, Jr., the Defendant, appeals the summary denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. He claims that the trial court improperly used his prior petit larceny conviction to enhance his sentence. Because this claim has previously been rejected by this court on multiple occasions and because the Defendant’s motion failed to state a colorable claim, we affirm the trial court’s summary denial of the motion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Harold McDuffie
Pro se petitioner, Harold McDuffie, appeals from the Shelby County Criminal Court’s summary dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Upon review, we affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marcus Zeron Jones
The Appellant, Marcus Zeron Jones, is appealing the trial court’s denial of his motion to correct an illegal sentence filed pursuant to Rule of Criminal Procedure Rule 36.1 The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted. |
Maury | Court of Criminal Appeals | |
Loice E. Pittman v. State of Tennessee
The Petitioner, Loice E. Pittman, appeals as of right from the Coffee County Circuit Court’s summary dismissal of his petition for post-conviction relief. The Petitioner contends that the post-conviction court erred by summarily dismissing his petition for having been untimely filed. Discerning no error, we affirm the judgment of the post-conviction court. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Marcus Traveno Cox, Jr.
Appellant, Marcus Traveno Cox, Jr., stands convicted (after merger of duplicate counts) of possession with intent to sell less than .5 grams of cocaine, possession with intent to sell more than one-half ounce but less than ten pounds of marijuana, possession of a Schedule III controlled substance (Lortab), possession of drug paraphernalia, and possession of a firearm with intent to go armed during the commission of a dangerous felony. The trial court sentenced him to an effective sentence of nine years in the Tennessee Department of Correction. On appeal, appellant argues that the indictment and jury instructions for the possession of a firearm charge were fatally deficient and that he received ineffective assistance of counsel. Following our review, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. David William Lowery
An Anderson County jury convicted the Defendant-Appellant, David William Lowery, as charged of three counts of aggravated child abuse. See T.C.A. § 39-15-402(a)(1) (Supp. 2007). The trial court imposed concurrent twenty-five-year sentences with a release eligibility of one hundred percent for each count. See id. § 40-35-501(i) (Supp. 2008). Lowery’s sole issue on appeal is that the evidence is insufficient to sustain his convictions. Upon review, we affirm Lowery’s convictions but remand the case for entry of corrected judgments in counts 1, 2, and 3 to reflect that he was charged with and convicted of three counts of aggravated child abuse and that these convictions are Class A felonies. |
Anderson | Court of Criminal Appeals | |
Jacqueline Harrison v. Shelby County Board of Education
This is a termination of employment case. Appellant Shelby County Board of Education appeals the trial court’s decision to reinstate a tenured teacher whose employment was terminated for inefficiency. The trial court found that there was insufficient evidence to support a finding of inefficiency. Discerning no error, we affirm and remand. |
Shelby | Court of Appeals | |
Paul Williams EL v. Sheriff Andy Dickson, Carroll County
The Petitioner, Paul Williams el, filed a Petition for Writ of Habeas Corpus Relief, challenging his conviction for a second or subsequent offense of driving on a cancelled, suspended, or revoked license. The habeas court summarily dismissed the Petition. On appeal, we conclude that the Petition failed to meet the procedural requirements of Tennessee Code Annotated section 29-21-107. Additionally, the Petitioner's claim is based on a complete misreading of Tennessee Code Annotated section 55-50-504 and is without merit. The judgment of the habeas court is affirmed. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Brandon Waire
In December 2012, the Maury County Grand Jury indicted Brandon Waire (“the Defendant”) on three counts of sale of cocaine over .5 gram within a drug-free zone. Following a trial, a jury convicted the Defendant as charged, and the trial court sentenced the Defendant to an effective eight years’ incarceration. On appeal, the Defendant asserts that he is entitled to relief from his convictions because: (1) the trial court erroneously denied the Defendant’s motion for mistrial after the State’s confidential informant testified that he had served prison time with the Defendant; (2) the Defendant’s right to a fair trial was violated when the State failed to preserve video evidence of statements made by the confidential informant in violation of State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999); (3) the trial court erred when it failed to exclude the State’s late-disclosed witness from testifying; and (4) the evidence was insufficient to support his convictions. Upon review, we affirm the judgments of the trial court. |
Maury | Court of Criminal Appeals | |
In re Estate of Patrick Takashi Davis
Appellant appeals the trial court’s determination that Appellee, who was born in 1992, is an heir-at-law of the Decedent, who died intestate. Appellant argues that the Appellee, as a child born out of wedlock, was required to file a claim against decedent’s estate within the statutory period in order to inherit. However, the Decedent is listed on Appellee’s birth certificate. Under Tennessee Code Annotated Section 68-3-305(b) (1992), in order for his name to be listed on Appellee’s birth certificate, the decedent would have signed an “affidavit . . . acknowledging paternity.” With the enactment, in 1994, of Tennessee Code Annotated Section 27-7-113, such “affidavits” were deemed “voluntary acknowledgment[s] of paternity,” which constitute a “legal finding of paternity.” It is undisputed that the decedent’s estate consists only of real property. Because the inclusion of decedent’s name on Appellee’s birth certificate evinces the execution of a voluntary acknowledgment of paternity that constitutes a legal finding of paternity, Appellee’s portion of the estate vested, upon decedent’s death, in Appellee pursuant to Tennessee Code Annotated Section 31-2-103 and the laws of intestate succession, Tennessee Code Annotated Section 31-2-104. Affirmed and remanded. |
Davidson | Court of Appeals | |
Mahalet B. Girma v. Haile A. Berhe
This is a divorce case. Wife appeals the trial court’s order concerning the division of property and award of various fees and expenses. Because the trial court did not enter an order on Wife’s motion for reimbursement of certain fees and expenses, the judgment of the trial court is not final and appealable as of right. Accordingly, we dismiss the appeal. |
Rutherford | Court of Appeals | |
Wesley Dawone Coleman v. State of Tennessee
The Petitioner, Wesley Dawone Coleman, appeals from the denial of post-conviction relief by the Circuit Court for Obion County. He was convicted of aggravated burglary, theft over $500, and evading arrest, and received an effective sentence of ten years in the Tennessee Department of Correction. On appeal, the Petitioner argues that he received ineffective assistance of counsel and that the cumulative effect of counsel’s errors denied his constitutional right to a fair trial. Upon our review, we affirm the judgment of the post-conviction court. |
Obion | Court of Criminal Appeals | |
Victor Clark v. State of Tennessee
Victor Clark (“the Petitioner”) was indicted for two counts of attempted second-degree murder, two counts of aggravated assault, one count of reckless endangerment, and one count of employing a firearm during the commission of a dangerous offense. After a jury trial, the Petitioner was acquitted of both counts of attempted second-degree murder but convicted of all other charges. In this post-conviction proceeding, the Petitioner contends that he received ineffective assistance of counsel. The post-conviction court denied relief. Upon review of the record, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Darrel Pathrice McNeal
Following a jury trial, the Defendant, Darrel Pathrice McNeal, was convicted of aggravated robbery, a Class B felony, and evading arrest, a Class A misdemeanor. See Tenn. Code Ann. §§ 39-13-402, -16-603(a)(1). On appeal, the Defendant challenges only the sufficiency of the evidence underlying his conviction for aggravated robbery. However, because the Defendant filed an untimely notice of appeal and the interest of justice does not favor waiver of the timely filing requirement in this case, this appeal is dismissed. |
Madison | Court of Criminal Appeals | |
Derrick Rice v. State of Tennessee
The Petitioner, Derrick Rice, appeals as of right from the post-conviction court’s denial of his petition for post-conviction relief wherein he challenged his convictions for first degree premeditated murder and attempted first degree murder. In this appeal, the Petitioner contends that he received ineffective assistance of counsel in the following ways: (1) general sessions counsel failed to consult with the Petitioner regarding a plea offer from the State and to explain the consequences of declining that offer; (2) trial counsel failed to investigate and subpoena witnesses; (3) general sessions counsel and trial counsel failed to adequately communicate with the Petitioner; and (4) trial counsel failed to adequately investigate and prepare the case for trial. Discerning no error, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Reginald Rome v. State of Tennessee
Petitioner, Reginald Rome, appeals the dismissal of his petition for a writ of error coram nobis which alleged newly discovered evidence. The coram nobis court found that due process principles did not require tolling the statute of limitations and that Petitioner had failed to prove that he was without fault in failing to present this evidence at the proper time. Upon our review, we affirm the judgment of the coram nobis court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. David Reed
Defendant, David Reed, appeals the trial court's denial of his motion to correct an illegal sentence filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Defendant argues that the trial court's failure to award post-judgment jail credit for time he spent incarcerated out-of-state prior to the revocation of his probation renders his sentence illegal. Upon our review of the record and applicable authorities, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Kearn Weston v. State of Tennessee
Petitioner, Kearn Weston, appeals the denial of his petition for post-conviction relief. Petitioner argues that he received ineffective assistance of counsel when trial counsel failed to file a pre-trial motion to dismiss the charge based on the loss of a surveillance video. Upon our review, we affirm the decision of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
James A. Farley v. Tennessee Department of Safety and Homeland Security
This is an appeal from the trial court’s dismissal of a petition for judicial review for lack of subject matter jurisdiction. The petitioner is seeking to recover a motor vehicle he claims to own that was seized due to “illegal alterations to the vehicle’s identification numbers.” It is undisputed that the petitioner was never the registered owner of the vehicle, that he was not in possession of the vehicle when it was seized, and that he did not receive notice of the seizure of the vehicle or the issuance of the notice of forfeiture. More than 60 days after the Tennessee Department of Safety and Homeland Security issued the Order of Forfeiture, which constitutes the Department’s final order, the petitioner filed his petition for judicial review. His primary contention was that the Department of Safety failed to provide him with proper notice of the issuance of forfeiture warrant. The chancery court rejected this contention, concluding that he was not entitled to notice because he was never the registered owner. The court also found the petition for judicial review was untimely filed because administrative orders become final pursuant to Tenn. Code Ann. § 4-5-322(b)(1)(A) if a petition for judicial review is not filed within 60 days from the entry of the order. Concluding that the 60-day limitation period is jurisdictional, the court dismissed the petition for lack of subject-matter jurisdiction. We affirm. |
Davidson | Court of Appeals | |
In re Chris Highers Bail Bonds, et al.
Appellants are ten bail bonding companies that each posted a portion of a defendant’s $1 million bond. After the defendant failed to appear for trial and absconded from the state, the bond was forfeited. When the defendant was apprehended almost two years later, some of the Appellants filed separate petitions for exoneration of the forfeited bond. After a hearing, the trial court denied the petitions. Upon our review of the record, it appears that three of the Appellants—Neal Watson Bonding, Lucky’s Bonding, and Anytime Bail Bonds—never filed petitions with the trial court; therefore, we dismiss their appeals. As to the remaining seven Appellants, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals |