William Artel Townsend aka Abdullah R.S. Ashanti v. State of Tennessee
The Petitioner, William Atrel Townsend aka Abdullah R.S. Ashanti, appeals the Shelby County Criminal Court’s denial of his petition for a writ of error coram nobis regarding his conviction for attempt to commit especially aggravated robbery, for which he is serving an eight-year sentence. The Petitioner contends that the trial court erred by denying him relief. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Vincent Garrard v. Tennessee Department of Correction
This appeal involves the trial court’s denial of relief to an inmate based upon a writ of certiorari.The inmate raises several issues regarding violations of the Tennessee Department of Correction Uniform Disciplinary Procedures, as well as basic due process. We affirm in part, vacate in part, and remand for further proceedings. |
Hickman | Court of Appeals | |
Antonius Harris, et al. v. Tennessee Rehabilitative Initiative in Correction et al.
Inmates in the custody of the Tennessee Department of Correction who are housed at Riverbend Maximum Security Institution in Nashville, Tennessee, filed various claims related to their “prison jobs,” inter alia, for wages and damages under the Tennessee Wage Regulation Act, specifically Tenn. Code Ann. §§ 50-2-101 and 50-2-104, and for breach of oral contract,promissory estoppel ,unjust enrichment, and conversion.The Tennessee Claims Commission dismissed all of the inmates’ claims upon the defendants’Tenn.R.Civ.P.12.02 (1) and (6) motion to dismiss. We affirm. |
Court of Appeals | ||
State of Tennessee v. Alan F. Watson
Appellant, Alan F. Watson, was indicted by the Houston County Grand Jury for aggravated robbery. Prior to trial, Appellant sought to suppress the evidence seized after execution of a search warrant at his home. The trial court denied the motion to suppress. At the conclusion of the jury trial, Appellant was found guilty of the aggravated robbery of Crystal’s Check Cashing. As a result, he was sentenced to nine years in incarceration as a Range I, standard offender. Appellant appeals, arguing: (1) that the trial court improperly denied the motion to suppress; (2) that he was denied a fair trial when the trial court excluded evidence; and (3) that the evidence is insufficient to support the conviction. After a review of the evidence, we determine that the trial court properly denied the motion to suppress where the affidavit in support of the search warrant established probable cause and did not contain false and misleading information. Additionally, we determine that the trial court did not abuse its discretion in excluding irrelevant evidence and that the evidence is sufficient to support the conviction for aggravated robbery. As a result, the judgment of the trial court is affirmed. |
Houston | Court of Criminal Appeals | |
In the Matter of: Kason K. C.
This is a dependency and neglect case. The trial court found, by clear and convincing evidence, that the minor child was dependent and neglected under Tennessee Code Annotated Section 37-1-102(b)(23)(A)(i) due to Appellant/Father’s knowing use of force upon the child, which force was likely to cause the child serious bodily injury. Father appeals this finding. We conclude that the evidence clearlyand convincingly establishes that Father did knowingly “use . . . force on [the] child that [was] likely to cause serious bodily injury or death.” Affirmed and remanded. |
Rutherford | Court of Appeals | |
Steven Malone v. State of Tennessee
The petitioner, Steven Malone, appeals the denial of his petition for post-conviction relief arguing that he received ineffective assistance of counsel pretrial and at trial. After review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. David Lee Hutcherson
The Defendant, David Lee Hutcherson, pled guilty to one count each of possession of less than .5 grams of methamphetamine with intent to deliver, promotion of methamphetamine manufacture, and possession of drug paraphernalia. See Tenn. Code Ann. §§ 39-17-417, - 17-433, -17-425. He received an effective sentence of three years on all counts. As a condition of his guilty plea, the Defendant sought to reserve the right to appeal a certified question of law challenging the trial court’s denial of his motion to suppress. Following our review of the record, we dismiss the appeal because the Defendant failed to properly certify his question of law in accordance with Tennessee Rule of Criminal Procedure 37(b)(2). |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Steven Deshawn Crawley
In two indictments, the Defendant, Steven Deshawn Crawley, pled guilty to one count of aggravated burglary, one count of aggravated robbery, one count of especially aggravated kidnapping, and three counts of aggravated rape. The trial court sentenced him to serve an effective sentence of forty-five years in the Tennessee Department of Correction. On appeal, the Defendant contends that the trial court erred when it sentenced him because it misapplied enhancement factors, failed to apply applicable mitigating factors, and failed to follow the sentencing guidelines set forth in Tennessee Code annotated sections 40-35-102, -103, and -115. After a thorough review of the record and the applicable authorities, we conclude no error exists in the judgments of the trial court. Accordingly, we affirm the trial court’s judgments. |
Davidson | Court of Criminal Appeals | |
Keith Whited v. State of Tennessee
Keith Whited (“the Petitioner”) was convicted by a jury of second degree murder, driving under the influence, and driving on a revoked license. The trial court sentenced the Petitioner to an effective sentence of twenty-three years’ incarceration. On direct appeal, this Court affirmed the Petitioner’s convictions. See State v. Keith A. Whited, No. M2010-00134-CCA-R3-CD, 2010 WL 4684468, at *8 (Tenn. Crim. App. Nov. 19, 2010), perm. app. denied (Tenn. May 25, 2011). The Petitioner subsequently filed for post-conviction relief, which the post-conviction court denied following an evidentiary hearing. The Petitioner now appeals, arguing that he was denied the effective assistance of counsel at trial and on appeal. Upon our thorough review of the record and the applicable law, we affirm the post-conviction court’s decision denying relief. |
Fentress | Court of Criminal Appeals | |
Leroy Williams v. State of Tennessee
Petitioner, Leroy Williams, appeals the denial of his petition for writ of habeas corpus regarding his conviction for being a habitual drug offender pursuant to Tennessee Code Annotated section 39-6-417(d). The trial court sentenced petitioner as a Range II offender to a forty-five-year sentence to be served in confinement. Petitioner argues that the judgment of the trial court was void due to a defective presentment. He also claims that the trial court had no jurisdiction because it erroneously classified him as a habitual drug offender and because it erroneously applied a sentencing enhancement. Following our review, we affirm the habeas corpus court’s denial of the petition. |
Knox | Court of Criminal Appeals | |
In Re: Alexander J. G.
In this termination of parental rights case, Mother appeals the trial court’s determination that she abandoned her son by failing to support him and that termination was in the child’s best interest. Finding clear and convincing evidence in support of the trial court’s determinations, we affirm the trial court. |
Montgomery | Court of Appeals | |
State of Tennessee v. Ricky Neal Forster, II
Appellant, Ricky Neal Forster, II, pleaded guilty to two counts of theft and received an effective six-year sentence, suspended to probation. A probation violation warrant and an amendment thereto were issued, alleging violations of the terms and conditions of probation by: (1) testing positive for marijuana; (2) using controlled substances; (3) failing to complete a drug rehabilitation program as instructed; (4) failing to make payments toward court costs and restitution; and (5) garnering new criminal convictions. Following a hearing, the trial court revoked appellant’s probation, which appellant now claims was an abuse of discretion. Following our review, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Lee C. Palmer
Lee C. Palmer (“the Defendant”) was convicted by a jury of one count of felony reckless endangerment and one count of driving under the influence. In this direct appeal, the Defendant contends that she is entitled to a new trial because the trial court afforded her only three peremptory challenges instead of the statutorily required eight. Upon our thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Knox | Court of Criminal Appeals | |
Brenda Dianne Cook Rayfield v. Tony Dale Rayfield
This appeal arises from a divorce action. The husband appeals the trial court’s division of marital property and debt and the award of compensatory and punitive damages to the wife for injuries she allegedly sustained at the hands of the husband. We affirm. |
Blount | Court of Appeals | |
State of Tennessee v. Harold Morris
Following a jury trial, the Defendant, Harold Morris, was convicted of aggravated rape, a Class A felony; aggravated robbery, a Class B felony; and aggravated burglary, a Class C felony. See Tenn. Code Ann. §§ 39-13-402, -13-502, -14-403. The trial court imposed an effective sentence of twenty-five years to be served at one hundred percent. On appeal, the Defendant contends (1) that the trial court erred in denying his motion to suppress evidence and (2) that the trial court erred in denying his motion to dismiss on the grounds that his right to a speedy trial had been violated. Following our review, we affirm the judgments of the trial court. |
Morgan | Court of Criminal Appeals | |
Leona Ruth Salyer, et al v. Courtney L. Linnen
This is a personal injury action in which Plaintiff sued Defendant for injuries she sustained as a result of a two-vehicle accident. The jury found the parties equally at fault, and the trial court affirmed the jury’s verdict. On appeal, Plaintiff argues that the verdict was contrary to the weight of the evidence and that the trial court erred in limiting testimony concerning Defendant’s acceptance of fault at the scene of the accident. We affirm. |
Sullivan | Court of Appeals | |
Jonathon C. Hood v. State of Tennessee
Petitioner, Jonathon C. Hood, appeals from the summary dismissal of his petition for writ of habeas corpus. On appeal, he contends that he is entitled to habeas corpus relief from the imposition of ongoing punishment in the form of fines. Following our review, we affirm the judgment of the habeas corpus court pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. |
Franklin | Court of Criminal Appeals | |
Donna Bobo v. State of Tennessee Real Estate Commission
This is an appeal from an administrative decision permanently revoking a real estate broker’s license. The Chancery Court reversed the decision of the administrative panel, finding that the decision was not based on substantial and material evidence, that the procedure utilized violated both statutory and constitutional principles, and that the administrative panel demonstrated “evident partiality.” We reverse the decision of the Chancery Court and reinstate the decision of the administrative panel. Reversed and remanded. |
Davidson | Court of Appeals | |
Joyce E. Monday, et al v. Earl D. Thomas, et al
The trial court dismissed this tort action as barred by the statute of limitations upon determining that Plaintiffs had failed to comply with Rule 4.03(1) of the Tennessee Rules of Civil Procedure where they failed to return alias summonses until 235 days after they were issued. We reverse in part, vacate in part, and remand for further proceedings. |
Fentress | Court of Appeals | |
Robert C. Litton v. Jennifer M. Litton
In the parties’ divorce, the trial court denied Wife’s request for spousal support and her request for reimbursement for medical expenses incurred. We affirm. |
Sumner | Court of Appeals | |
Lena Barner v. Burns Phillips, Acting Commissioner of the Tennessee Department of Labor and Workforce Development, et al
This case involves Employee’s right to unemployment compensation benefits. The Tennessee Department of Labor and Workforce Development denied Employee’s claim for unemployment compensation benefits after finding that she voluntarily quit her job based on her belief that she would soon be terminated. Employee appealed that finding in the trial court, where she also contended that she was denied her due process rights of notice and representation during the agency proceedings. The trial court upheld the denial of benefits, finding substantial and material evidence that Employee voluntarily quit her job, and finding that Employee was not denied due process during the agency proceedings. We affirm. |
Maury | Court of Appeals | |
State of Tennessee v. Malcolm Wayne Bennett
Defendant, Malcolm W. Bennett, was charged by indictment with Class C felony aggravated assault. In a negotiated plea agreement, he entered a “best interest” guilty plea to the amended charge of Class D felony reckless aggravated assault of the victim, a ten-year-old boy. The parties also agreed that Defendant would be sentenced as a Range II multiple offender, with the length and manner of service to be determined by the trial court. After the sentencing hearing, the trial court sentenced Defendant to serve eight years in the Department of Correction. In this appeal Defendant argues that his sentence is excessive. After a thorough review of the record and the briefs of the parties, we affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of the Criminal Appeals of Tennessee. |
Williamson | Court of Criminal Appeals | |
In Re D'Vante P.
This is a termination of parental rights case, focusing on D’Vante P., the minor child (“Child”) of Ashley C. (“Mother”) and Sylvester P. (“Father”). The Child was taken into protective custody by the Tennessee Department of Children’s Services (“DCS”) on October 27, 2010, following investigation of lack of supervision in the home. On October 10, 2012, DCS filed a petition to terminate the parental rights of both parents. The proceeding to terminate Father’s parental rights subsequently became a separate action, and Father is not a party to this appeal. Following a bench trial conducted on July 15, 2013, the trial court granted the petition as to Mother upon the court’s finding, by clear and convincing evidence, that (1) Mother had failed to substantially comply with the permanency plans and (2) the conditions causing the removal of the Child into protective custody persisted. The court further found, by clear and convincing evidence, that termination of Mother’s parental rights was in the Child’s best interest. Mother has appealed. Discerning no error, we affirm. |
Bradley | Court of Appeals | |
State of Tennessee v. Jonathan Ray Chapman
Appellant, Jonathan Ray Chapman, was convicted of aggravated robbery, and the trial court sentenced him to ten years in confinement. On appeal, appellant argues that the trial court erred by: (1) admitting his videotaped confession into evidence and (2) failing to admit a statement made by his girlfriend into evidence. Following our review of the parties’ briefs, the record, and the applicable law, we affirm the trial court’s judgment. |
Carter | Court of Criminal Appeals | |
Cederick Earl Johnson v. State of Tennessee
Petitioner, Cedric Earl Johnson, appeals from the trial court’s summary dismissal of his post-conviction petition. On October 11, 2010, judgments of conviction were entered against Petitioner pursuant to his negotiated guilty pleas to attempted first degree murder, aggravated robbery, and especially aggravated burglary. Petitioner received an effective sentence of twenty-five years of incarceration. On February 1, 2013, Petitioner filed a pro se petition for post-conviction relief. On February 27, 2013, the trial court entered an order dismissing the petition with prejudice because it was filed outside the one-year applicable statute of limitations. On April 11, 2013, Petitioner filed his notice of appeal. In its brief, the State moves this court to dismiss the appeal because the notice of appeal was filed almost two weeks late. See Tenn. R. App. P. 4(a) (a notice of appeal must be filed within thirty days of entry of the judgment appealed from). We decline to dismiss the appeal and waive the timely filing of the notice of appeal. However, we affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee. |
Davidson | Court of Criminal Appeals |