State of Tennessee v. Aaricka Biley
Appellant, Aaricka Biley, was indicted by the Shelby County Grand Jury for aggravated child abuse in Count One and aggravated child neglect or endangerment in Count Two. At trial, after the State’s proof, the trial court granted a motion for judgment of acquittal with respect to Count Two. At the conclusion of the trial, the jury found Appellant guilty of aggravated child abuse. The trial court sentenced Appellant to thirteen years and six months in incarceration. After the denial of a motion for new trial, Appellant initiated this appeal. On appeal, Appellant argues: (1) the trial court erroneously failed to compel the State to elect a particular act or injury; (2) the trial court erroneously failed to charge the jury with an enhanced unanimity instruction; and (3) the evidence was insufficient to support the conviction. After a review of the record and applicable authorities, we conclude: (1) after the trial court dismissed one count of the indictment, the State was not required to make an election; and (2) the evidence was sufficient to support a conviction for aggravated child abuse. Consequently, the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joseph Floyd
The Defendant, Joseph Floyd, was convicted by a Shelby County Criminal Court jury of two counts of driving under the influence (DUI), Class A misdemeanors, and reckless driving, a Class B misdemeanor. See T.C.A. § 55-10-401, 55-10-205 (2012). The trial court merged the DUI convictions. The Defendant was sentenced to concurrent terms of eleven months and twenty-nine days for the DUI conviction and seven days for the reckless driving conviction, all suspended but seven days. On appeal, he contends that the evidence is insufficient to support his convictions. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Maurice Edward Carter v. State of Tennessee
The petitioner pled guilty in Smith County to one count of aggravated statutory rape and one count of criminal exposure to HIV and received an effective sentence of twenty years. The petitioner’s guilty pleas were entered with the condition that he reserved the right to appeal a certified question of law pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure regarding the search and seizure of certain evidence. The Court dismissed the appeal based on a lack of jurisdiction. The petitioner brought this post-conviction petition asserting that his trial counsel was ineffective in reserving the certified question and bringing the appeal. The post-conviction court dismissed the claim without a hearing or the appointment of counsel, finding that the issues had been previously determined on direct appeal. See T.C.A. § 40-30-106(h) (2010). The petitioner appeals, asserting that this Court on direct appeal concluded it was without jurisdiction and did not rule on the merits of his claims. After a thorough examination of the facts and law, we conclude that the petitioner has stated a colorable claim; and we reverse the judgment of the post-conviction court and remand the case for further proceedings. |
Smith | Court of Criminal Appeals | |
Jordan K. Wilson v. David W. Dossett, American Honda Motor Co., and Fox Head, Inc.
This appeal concerns a landowner’s potential liability to a person injured while riding a motorcycle on the landowner’s property. Jordan K. Wilson (“Wilson”) suffered severe injuries in a motorcycle accident on property owned by David W. Dossett (“Dossett”). Wilson sued Dossett in the Circuit Court for Campbell County (“the Trial Court”). Dossett filed a motion for summary judgment, asserting the affirmative defense for landowners under Tenn. Code Ann. § 70-7-102. The Trial Court held that Dossett was afforded protection under the statute as Wilson had been engaged in recreational activities on Dossett’s land. At a subsequent hearing, the Trial Court found that no exception to the statutory defense was applicable. Wilson appeals. We hold that Tenn. Code Ann. § 70-7-102 applies to shield Dossett from liability as Wilson was engaged in recreational activities on Dossett’s property, and that no exception to the defense is applicable. We affirm the judgment of the Trial Court. |
Campbell | Court of Appeals | |
State of Tennessee v. Steven Todd Andes
The Criminal Court for Carter County sentenced the Defendant, Steven Todd Andes, to community corrections sentences after his convictions in 2002, 2007, and 2010. In January 2012, the Defendant’s probation officer filed an affidavit alleging the Defendant had violated his probation. The trial court issued a warrant, and, after a hearing, at which the Defendant’s probation officer did not testify, the trial court revoked the Defendant’s community corrections sentences in all of his cases. On appeal, the Defendant contends the trial court erred when it revoked his probation because the trial court: (1) denied his due process rights by failing to allow him to confront and cross-examine adverse witnesses; and (2) failed to provide a written statement regarding the evidence and reasons upon which it relied when revoking his probation. After a thorough review of the record and applicable authorities, we conclude that the trial court did not err when it revoked the Defendant’s probation. The trial court’s judgment is, therefore, affirmed. |
Carter | Court of Criminal Appeals | |
State of Tennessee vs. Jeremy J. Edick - Concurring
I write separately to address the current split of authority on the standard to be applied to appellate review of consecutive sentencing. |
McNairy | Court of Criminal Appeals | |
Jiovani Castillo Galeana v. State of Tennessee
The petitioner, Jiovani Castillo Galeana, petitioned the Davidson County Criminal Court for post-conviction relief from his 2011 guilty-pleaded conviction of possession with intent to sell 300 grams or more of cocaine. The conviction resulted in a Range I sentence of 18 years to serve in the Department of Correction. Following an evidentiary hearing, the post-conviction court denied relief, and following our review, we affirm the order of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Don Mask Brown Jr. v. State of Tennessee
Don Mask Brown, Jr., (“the Petitioner”) was convicted by a jury of second degree murder and aggravated robbery. The trial court sentenced the Petitioner to an effective sentence of fifty-five years’ incarceration. The Petitioner, pro se, subsequently filed a petition for postconviction relief. The post-conviction court summarily denied relief, and this appeal followed. After a review of the record and applicable law, we affirm the post-conviction court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Jeremy J. Edick
Jeremy J. Edick (“the Defendant”) was convicted by a jury of one count of rape of a child, two counts of aggravated sexual battery, one count of solicitation of rape of a child, and one count of sexual exploitation of a minor by electronic means. Following a sentencing hearing, the trial court sentenced the Defendant to an effective sentence of fifty years’ incarceration. On appeal, the Defendant challenges the sufficiency of the evidence regarding his conviction for rape of a child. He also argues that the trial court erred in ordering partial consecutive sentencing. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court. |
McNairy | Court of Criminal Appeals | |
Mikel C. Hamrick v. State of Tennessee
The defendant, Mikel C. Hamrick, appeals from the Shelby County Criminal Court’s denial of his petition for reinstatement of his probationary sentence. Because the trial court correctly concluded that it lacked jurisdiction to reinstate the defendant’s probation, we affirm. |
Shelby | Court of Criminal Appeals | |
Leon Morris v. Henry Steward, Warden
The petitioner, Leon Morris, appeals from the summary dismissal of his petition for writ of habeas corpus. Discerning no error, we affirm the judgment of the habeas corpus court. |
Lake | Court of Criminal Appeals | |
Donna Perdue v. Estate of Daniel Jackson, et al.
The trial court granted summary judgment in this declaratory judgment action, finding that the will at issue was unambiguous. Having determined that the will at issue contains a latent ambiguity that must be resolved through the use of extrinsic evidence, we reverse the grant of summary judgment and remand for further proceedings. Affirmed in part, reversed in part, and remanded. |
Hardeman | Court of Appeals | |
State of Tennessee v. Scotty Dale Staggs
The Defendant-Appellant, Scotty Dale Staggs, was indicted by an Overton County Grand Jury for aggravated burglary, theft of property valued at more than $500 but less than $1000, theft of property valued at $500 or less, and evading arrest. Prior to trial, the State entered a nolle prosequi on the charge of theft of property valued at $500 or less. Staggs was subsequently convicted of aggravated burglary, a Class C felony; theft of property valued at more than $500 but less than $1000, a Class E felony; and evading arrest, a Class A misdemeanor. The trial court sentenced him as a Range III, persistent offender to concurrent sentences of fifteen years for the aggravated burglary conviction and six years for the theft conviction and sentenced him to a concurrent sentence of eleven months and twenty-nine days for the misdemeanor evading arrest conviction, for an effective sentence of fifteen years in confinement. On appeal, Staggs argues: (1) the evidence is insufficient to sustain his convictions for aggravated burglary, theft of property valued at more than $500 but less than $1000, and evading arrest; (2) the trial court abused its discretion in denying his motion to sever the evading arrest charge from the aggravated burglary and theft charges; (3) the trial court abused its discretion in admitting the victims’ surveillance videotape into evidence; (4) the trial court erred in instructing the jury on flight; (5) the State committed prosecutorial misconduct during its opening statement; and (6) his sentence was excessive. Upon review, we affirm the judgments of the trial court. |
Overton | Court of Criminal Appeals | |
State of Tennessee v. Donta Henry Ivory
The Defendant-Appellant, Donta Henry Ivory, appeals from the Montgomery County Circuit Court’s order revoking his probation. Ivory entered a guilty plea to statutory rape, and he received a suspended sentence of two years. In a separate case, he later entered a best interest plea to an amended charge of aggravated assault and received a five-year suspended sentence concurrent with the previous two-year sentence. On appeal, Ivory argues that the trial court erred in revoking his probation. Upon review, we affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Tony Dixon
A Knox County Criminal Court Jury convicted the appellant, Tony Dixon, of attempted aggravated burglary. The trial court sentenced the appellant as a Range I, standard offender to three years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence, the trial court’s admission of hearsay evidence indicating that the victim did not consent to the appellant’s entering the apartment, and the trial court’s failure to instruct the jury that an accomplice’s testimony must be corroborated. Upon review, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Corey D. Gilbert
A Montgomery County jury convicted the Defendant, Corey D. Gilbert, of first degree felony murder and attempted aggravated robbery. The trial court imposed a mandatory life sentence for the felony murder conviction and a three-year sentence for the attempted aggravated robbery conviction. On appeal, the Defendant challenges the evidence supporting his conviction for attempted aggravated robbery as the underlying offense for the felony murder conviction. After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Montgomery | Court of Criminal Appeals | |
James Wallie Robertson v. State of Tennessee
The Petitioner, James Wallie Robertson, appeals the Lawrence County Circuit Court’s summary dismissal of his petition for post-conviction relief from his 1995 guilty pleas to first degree murder, aggravated kidnapping, aggravated burglary, automobile burglary, two counts of forgery, and passing a forged check and his effective sentence of life imprisonment plus twenty-five years. He contends that the trial court erred by summarily dismissing his petition without appointing counsel or holding an evidentiary hearing. We affirm the judgment of the trial court. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. Robert Jason Burdick
A Williamson County Circuit Court Jury convicted the appellant, Robert Jason Burdick, of rape, aggravated kidnapping, and aggravated burglary. The trial court imposed a total effective sentence of thirty years in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court’s denial of his motion to suppress, the sufficiency of the evidence sustaining his convictions, and the trial court’s jury instructions regarding the kidnapping offense in light of State v. White, 362 S.W.3d 559 (Tenn. 2012). Upon review, we affirm the judgments of the trial court. |
Williamson | Court of Criminal Appeals | |
Orlando M. Ladd v. State of Tennessee
Petitioner, Orlando M. Ladd, was indicted by the Davidson County Grand Jury for possession with intent to sell or deliver in a drug-free zone, evading arrest, possession of drug paraphernalia, and two counts of felony simple possession of a controlled substance. He entered a negotiated plea to possession with intent to sell or deliver, evading arrest and one count of simple possession. He received an effective sentence of twelve years to serve at forty-five percent incarceration to be served concurrently to a twelve-year sentence he was already serving at the time of sentencing. Petitioner filed a petition for post-conviction relief arguing that he received ineffective assistance of counsel and that he entered his guilty plea unknowingly and involuntarily. The post-conviction court held a hearing and denied the petition. Petitioner appeals that denial to this Court. After a thorough review of the record, we conclude that the petition was properly denied, and we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Stephen M. Hernandez
Appellant, Stephen Miguel Hernandez, and co-defendant, Justin Dexter Brummett, were indicted by the Davidson County Grand Jury in October of 2010 for first degree murder and aggravated robbery. After a jury trial, Appellant was found guilty of felony murder and the lesser included offense of facilitation of aggravated robbery. As a result of the convictions, Appellant was sentenced to life in prison for the felony murder conviction and five years for the facilitation of aggravated robbery conviction, to be served concurrently with the life sentence. After the denial of a timely motion for new trial, Appellant appealed. On appeal, he challenges the sufficiency of the evidence, particularly the credibility of his accomplice’s testimony. After a thorough review of the record and authorities, we determine that the testimony of co-defendant Brummett was sufficiency corroborated by other State witnesses. Further, the jury assessed the credibility of the witnesses and determined that the evidence was sufficient to support convictions for felony murder and facilitation of aggravated robbery, a task within their province. Accordingly, the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
Jean Meadows, etc. v. Tara Harrison, etc., et al.
In this case, Partner and Decedent created Double J Company for the purpose of buying and selling real estate. One month following the creation of Double J Company, Decedent personally purchased the Property, which he thereafter deeded to Double J Company. Following Decedent’s death, Partner filed a complaint against Heirs and the estate for partition. Heirs objected, arguing that Partner and Decedent never formed a valid partnership and that the Property was subject to the administration of Decedent’s estate. Following a hearing, the trial court deemed the Property partnership property and ordered the sale of the Property. Heirs appeal. We affirm the decision of the trial court. |
Loudon | Court of Appeals | |
Christopher Pirtle v. Turney Center Disciplinary Board et al
Petitioner, an inmate of the Tennessee Department of Correction, was charged with the prison disciplinary offense of Refusing a Drug Test because he failed to provide an adequate amount of urine for testing. Following a disciplinary hearing he was found guilty of the offense. He filed a Petition for Writ of Certiorari, which was granted, and Respondents filed a certified copy of the record of Petitioner’s disciplinary proceedings. The trial court found the disciplinary board did not act in an illegal or arbitrary manner, and dismissed the case. We affirm. |
Hickman | Court of Appeals | |
Rosalyn L. Caffey v. Metropolitan Government of Nashville and Davidson County, Tennessee Board of Zoning Appeals and Elizabeth W. Blair
Neighbor of property owner who received a variance from a side yard setback requirement in zoning ordinance filed an action seeking certiorari review of the Board of Zoning Appeals’ grant of the variance. The trial court determined that the Board’s action was within its authority pursuant to Tenn. Code Ann. § 12-7-207(3) and affirmed the grant of the variance. We concur with the trial court and affirm the Board’s action. |
Davidson | Court of Appeals | |
Steve Van Duyn d/b/a Steve's Old Junk v. Electronic Innovations, LLC, et al
This is an interlocutory appeal as of right pursuant to Tennessee Supreme Court Rule 10B from the denial of a motion to recuse the trial court judge from presiding over a civil action in which one of the Defendants served on a non-profit board with the trial court judge. Having reviewed the Plaintiff’s petition for recusal appeal pursuant to Rule 10B of the Rules of the Tennessee Supreme Court, we affirm the Trial Court’s denial of the motion to recuse. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Marcus Terrell Church
Defendant, Marcus Terrell Church, was indicted by a Davidson County Grand Jury for aggravated robbery and especially aggravated kidnapping. His first trial ended in a mistrial. At a subsequent trial, Defendant was convicted as charged. The trial court imposed concurrent sentences of fifteen years as a Range II offender for aggravated robbery and twenty-five years as a Range I offender for especially aggravated kidnapping. On appeal, Defendant argues: (1) the trial court erred in denying his motion to suppress identification evidence; (2) the trial court improperly admitted evidence that Defendant committed an unrelated purse-snatching during the kidnapping in this case; (3) the trial court erred in admitting hearsay testimony concerning Defendant’s nickname; and (4) the trial court improperly sentenced Defendant. After a thorough review of the record, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals |