State of Tennessee v. Jeremy Wendell Thorpe
Following a jury trial, Defendant, Jeremy Wendell Thorpe, was found guilty as charged of aggravated arson, a Class A felony, and vandalism of a structure of a value of sixty thousand ($60,000.00) dollars or more, a Class B felony. He was sentenced to concurrent sentences of seventeen years for the aggravated arson conviction and nine years for the vandalism conviction. In his appeal of right, Defendant challenges the legal sufficiency of the evidence to support his conviction for aggravated arson. Specifically, Defendant argues that the State failed to prove beyond a reasonable doubt that he “knowingly” committed the offense. An integral part of this issue is Defendant’s assertion that aggravated arson requires a “result-of-conduct” knowing mens rea. Defendant asserts there are conflicting opinions of this Court as to this issue. The State initially argues that Defendant’s motion for new trial was filed one day late, and that as a result, the notice of appeal was not timely filed. The State urges this Court to dismiss Defendant’s appeal. In a reply brief, Defendant concedes his motion for new trial was filed late by one day and although the notice of appeal was also late, the timely filing of the notice of appeal should be waived. The State declined to address Defendant’s argument that aggravated arson is a “result-of-conduct” offense. Defendant does not challenge the vandalism conviction. After a through review of the record, the parties’ briefs, and the applicable law, we conclude that the State’s argument that the notice of appeal was filed late is void of merit. Notwithstanding the fact the State waived argument on the “knowing” mens rea definition for aggravated arson, we conclude that aggravated arson is not a result-of-conduct offense. Following our review of the record, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Ashley Marie Witwer
Appellant, Ashley Marie Witwer, brings a certified question of law regarding whether the retroactive application of the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, as amended in 2012, to her conviction for promoting prostitution is an unconstitutional ex post facto law. After careful review of the parties’ briefs, the record, and the applicable law, we determine that the law is constitutional. Accordingly, the judgment of the criminal court is affirmed. |
Davidson | Court of Criminal Appeals | |
Harvey Taylor v. State of Tennessee
Petitioner, Harvey Taylor, pled guilty to rape on August 20, 2009. On October 11, 2012, Petitioner filed a petition for writ of error coram nobis, citing newly discovered evidence. The coram nobis court appointed counsel, who filed an amended petition. The State filed a motion to dismiss on the ground that the petition was untimely. Counsel then filed a motion to withdraw. The coram nobis court granted both the motion to withdraw and the motion to dismiss. On appeal, Petitioner argues that the coram nobis court erred in allowing his original counsel to withdraw without responding to the State’s motion to dismiss and by dismissing his petition as untimely without holding an evidentiary hearing to determine whether due process required tolling of the statute of limitations. Upon our review of the record, we determine that Petitioner’s claims, if true, would not entitle him to coram nobis relief and would not warrant tolling the statute of limitations. Therefore, we affirm the judgment of the coram nobis court. |
Davidson | Court of Criminal Appeals | |
James Autwell v. Back Yard Burgers, Inc., et al.
The employee was injured in a motor vehicle accident while driving from doing a personal task in Alabama to a meeting for his employer in Mississippi. The employer denied his workers’ compensation claim, so the employee filed this lawsuit. The trial court awarded benefits based on a finding that the claimant was a “traveling employee.” Its holding also implied, in the alternative, that the employee was on a “special errand” for the employer. The employer has appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We conclude that the injury did not arise from or in the course of the employment, and therefore, reverse the award of benefits to the employee |
Shelby | Workers Compensation Panel | |
Louis Dancy v. State of Tennessee
The Petitioner, Louis Dancy, appeals the post-conviction court‟s denial of relief from his conviction for second degree murder. On appeal, the Petitioner argues that he received ineffective assistance of counsel at trial. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Melissa L. Taylor Et al. v. James T. George, II et al.
The plaintiff filed this action seeking to enforce a judgment for child support and alimony entered in South Carolina and subsequently domesticated in Tennessee. One defendant serves as the trustee of a testamentary trust while the other defendant is a trust beneficiary and the judgment debtor. Before this action proceeded to trial, the trustee distributed all of the respective trust assets to the beneficiary/debtor. As the trial court determined that there was insufficient evidence of a fraudulent conveyance or civil conspiracy, it dismissed the plaintiff’s claims against the trustee. The trial court upheld the plaintiff’s judgment against the beneficiary/debtor and awarded pre- and post-judgment interest thereon. The plaintiff appealed. Discerning no error, we affirm the trial court’s judgment.
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Knox | Court of Appeals | |
Calvin Eugene Bryant v. State of Tennessee - CONCUR IN PART AND DISSENT IN PART
I concur with the majority that a conviction on a greater offense does not preclude a claim of ineffective assistance of counsel for the failure to request jury instructions on lesser included offenses. Although a small number of recent opinions by the Court of Criminal Appeals have held otherwise, most panels have endorsed the traditional view that the trial court has the obligation to provide instructions on the charged offense and all lesser included offenses warranted by the proof at trial, and that defense counsel, absent a reasonably based strategy, has the duty to seek instructions on all lesser included offenses. In contrast to the majority, I believe that trial counsel in this instance provided constitutionally inadequate representation by failing to request an instruction on facilitation as a lesser included offense of the sale of ecstasy within a school zone. I must, therefore, respectfully dissent to the extent that I would grant a new trial. |
Davidson | Supreme Court | |
Calvin Eugene Bryant v. State of Tennessee - CONCUR IN PART AND CONCUR IN RESULT
I concur with the lead opinion’s conclusion that trial counsel’s failure to request an instruction on facilitation did not amount to deficient performance. Because the petitioner has failed to establish deficient performance, I also agree with the lead opinion’s conclusion that the petitioner is not entitled to relief on his claim of ineffective assistance of counsel. Having so concluded, I decline to join Section B of the lead opinion, which addresses the prejudice prong of the petitioner’s ineffective assistance of counsel claim. I reserve decision on the issue of the proper prejudice analysis for an appeal in which it is squarely presented. Goad v. State, 938 S.W.2d 363, 370 (Tenn. 1996) (recognizing that a court need not address both prongs of a petitioner’s ineffective assistance of counsel claim when the court concludes that the petitioner has failed to establish either deficient performance or prejudice). |
Davidson | Supreme Court | |
State of Tennessee v. Anthony Wells
The defendant, Anthony Wells, appeals his Shelby County Criminal Court jury conviction of voluntary manslaughter, claiming that the evidence was insufficient to support his conviction, that the sentence imposed by the trial court was excessive, and that the trial court erred by refusing to admit certain hearsay statements. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Howard Hawk Willis
A Washington County jury convicted appellant, Howard Hawk Willis, of two counts of premeditated first degree murder and one count of felony murder in the perpetration of a kidnapping. Following the penalty phase, the jury sentenced appellant to death on each conviction. The trial court merged the felony murder conviction into one of the convictions for premeditated first degree murder. On appeal, appellant asserts that: (1) the trial court erred in finding that appellant implicitly waived and forfeited his right to counsel and requiring him to proceed pro se at trial; (2) the trial court erred in denying appellant’s motion to suppress his statements; (3) the searches of the residence and the storage unit were unconstitutional; (4) the trial court erred in denying appellant’s multiple motions to continue the trial; (5) the trial court erred in staying appellant’s funding and other privileges used in preparation for trial after this court granted an interlocutory appeal; (6) the evidence is insufficient to support the convictions; (7) the trial court erred in denying appellant’s ex parte motions for expert services for a crime scene expert and a false confession expert; (8) the trial court failed to apply a higher standard of due process in all aspects of the case; (9) the trial court erred in admitting certain photographs; (10) the prosecutor made improper statements during closing arguments in both phases of the trial; (11) the trial court erred in instructing the jury during the guilt phase; (12) the aggravating ircumstances upon which the State relied were not stated in the indictment; (13) the trial court erred in denying appellant’s motion to preclude for-cause removal of jurors who were not death qualified; (14) Tennessee’s death penalty statute is unconstitutional; (15) the trial court erred in failing to advise appellant with respect to his testimony during the penalty phase; (16) the trial court failed to make an adequate inquiry into appellant’s competency to waive is right to present mitigating evidence; (17) the trial court erred in instructing the jury during the penalty phase; (18) the trial court erred in admitting victim impact evidence; (19) the proportionality review is unconstitutional; and (20) cumulative error warrants reversal. Following our thorough review, we affirm the judgments of the trial court |
Washington | Court of Criminal Appeals | |
Eric Bike v. Johnson & Johnson Health Care Systems, Inc., et al.
An employee injured his knee while stepping off of a pallet. The trial court found that the injury was idiopathic and denied the employee’s claim for workers’ compensation benefits. The employee appealed. We reverse the trial court’s judgment. |
Shelby | Workers Compensation Panel | |
Calvin Eugene Bryant v. State of Tennessee
In this post-conviction appeal, we address two issues: 1) whether trial counsel provided ineffective representation by failing to request a jury instruction on facilitation as a lesser-included offense; and 2) whether a trial counsel‟s failure to request a jury instruction on a lesser-included offense is never prejudicial to a defendant convicted of a greater offense. The defendant was charged with selling illegal drugs to a police informant. The defendant‟s trial counsel argued that he was entrapped by the informant. A jury instruction on facilitation as a lesser-included offense was neither requested by the defendant‟s trial counsel nor given by the trial court. The defendant was convicted of selling illegal drugs. The Court of Criminal Appeals affirmed his convictions. The defendant filed a petition for post-conviction relief, alleging that his trial counsel provided ineffective representation by not requesting a jury instruction on facilitation of the sale of a controlled substance. The post-conviction court denied relief. The Court of Criminal Appeals affirmed, holding that 1) trial counsel was not deficient in failing to request a jury instruction on facilitation; and 2) when convicted of a greater charge, a defendant can never show that the absence of a jury instruction on a lesser-included offense was prejudicial to the defendant. We hold that the evidence in this case failed to warrant a jury instruction on facilitation. Accordingly, trial counsel‟s failure to request a facilitation instruction was not deficient performance. Further, we hold that under certain facts and circumstances, a trial counsel‟s failure to request a jury instruction on a lesser-included offense can be prejudicial to a defendant and entitle him or her to post-conviction relief based on ineffective assistance of counsel. Our decision in State v. Davis, 266 S.W.3d 896, 910 (Tenn. 2008), approving sequential jury instructions, doesnot obviate an attorney's responsibility to request lesser-included offense instructions when warranted by the proof. We affirm the judgment of the Court of Criminal Appeals, as modified. 1 We heard oral argument on this case on May 29, 2014, at the American Legion Auxiliary Volunteer GirlsState held at Lipscomb University in Nashville, Tennessee, as a part of the Court‟s S.C.A.L.E.S. (Supreme Court Advancing Legal Education for Students) project. |
Davidson | Supreme Court | |
In Re: Clarice R.
Father appeals the trial court’s determination that it was in the best interest of the child to terminate father’s parental rights. We find that clear and convincing evidence supports the decision of the trial court. |
Marshall | Court of Appeals | |
Richard Malone, et al v. Mathew Lasater, et al
The parties executed an arbitration agreement to submit disputes arising from their franchise agreement to binding arbitration. The trial court held that, under the arbitration agreement, the individual Defendants were liable, in their personal and corporate capacities, for amounts awarded to Plaintiffs by the arbitrators. Additionally, the trial court denied Defendants‟ motion to dismiss for failure to state a claim, in which Defendants contended that the arbitrators‟ decision was invalid as a matter of law. We affirm and remand. |
Montgomery | Court of Appeals | |
Roger G. Van Blarcom v. State of Tennessee
The petitioner, Roger G. Van Blarcom, was initially charged with first degree murder, a Class A felony, and several other crimes. In exchange for the dismissal of the other charges and a reduction of the first degree murder charge, the petitioner pled guilty to second degree murder, a Class A felony, and agreed to an out-of-range sentence of thirty years to be served at 100%. He now appeals the denial of his petition for post-conviction relief, arguing that he received the ineffective assistance of counsel and that his guilty plea was not knowing and voluntary. After reviewing the record, the briefs of the parties, and the applicable law, we affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
In Re Noah B.B.
This appeal involves the termination of a Mother's parental rights on the grounds of abandonment by willful failure to visit and willful failure to support. We affirm the trial court's finding that grounds for termination exist due to abandonment by willful failure to visit, and we also affirm the trial court's finding that termination is in the best interest of the child. We vacate the trial court‟s finding of abandonment by willful failure to support but otherwise affirm the order terminating Mother‟s parental rights as modified. |
Hamilton | Court of Appeals | |
Jim Ferguson v. Middle Tennessee State of University
This case is before us on remand from the Tennessee Supreme Court. Appellee/Employee filed suit against Appellant/Employer for discrimination. Appellee later filed a separate suit for retaliation and malicious harassment. The two lawsuits were consolidated in the trial court. The case was tried to a jury, which returned a verdict in favor of Appellant on the retaliation claim. The jury awarded Appellant $3,000,000 in compensatory damages. In Ferguson v. Middle Tennessee State University, No. M2012-00890-COA-R3-CV, 2013 WL 1304490 (Tenn. Ct. App. March 28, 2013), we reversed the jury verdict, finding that Appellant had failed to prove the knowledge element of his retaliation claim. In Ferguson v. Middle Tennessee State University, ___S.W.3d ___, No. M2012-00890-SC-R11-CV, 2014 WL 5463941 (Tenn. Oct. 29, 2014), the Supreme Court reversed this Court and remanded the case to us for the sole purpose of reviewing the award of damages. Because there is material evidence on which a reasonable jury could conclude that Appellant was entitled to $3,000,000 in compensatory damages, we affirm and remand. |
Rutherford | Court of Appeals | |
Starlink Logistics, Inc. v. Acc, LLC, et al
This appeal stems from an environmental dispute involving the Appellant, StarLink Logistics Inc. (“StarLink”), the Tennessee Department of Environment and Conservation (“TDEC”), and Appellee ACC, LLC (“ACC”). StarLink appeals the trial court’s affirmance of an order of the Tennessee Solid Waste Disposal Control Board (“Board”), which had adopted a consent order entered into between TDEC and ACC. We affirm in part, and remand the case to the trial court for further remand to the Board for further proceedings consistent with this Opinion. |
Davidson | Court of Appeals | |
Stephanie J. Solima v. David J. Solima
This appeal arises out of Mother’s and Father’s opposing motions to modify a parenting plan. Both of the parties and the court agreed that there had been a material change in circumstance warranting a modification of the plan. After a hearing, the court largely adopted Mother’s proposed parenting plan and reduced Father’s residential parenting time. The court also denied Mother’s request for attorneys’ fees. Shortly after the new parenting plan was entered, Mother filed a motion for a one-time modification of the plan to allow the child to attend a school trip that coincided with both parties’ parenting time. After a hearing, the court granted Mother’s motion. Father appealed the new parenting plan and the one-time modification. We find the modification issue moot and, therefore, dismiss that portion of Father’s appeal. We affirm the trial court’s judgment in all other respects. |
Williamson | Court of Appeals | |
State of Tennessee v. Kevin Dewitt Ford
Appellant, Kevin Dewitt Ford, appeals from the trial court’s summary dismissal of his pro se “Motion for Order Correcting Error in Judgment” filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Having reviewed the record and the briefs of the parties, we conclude that Appellant has failed to state a cognizable claim for relief, and therefore, the trial court did not err in summarily dismissing Appellant’s motion. Accordingly, the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Ashley Wheeler
Defendant, Ashley Wheeler, was indicted by the Shelby County Grand Jury for two counts of forgery valued at $1,000 or more, but less than $10,000, in Counts 1 and 2. In Count 3, Defendant was indicted for attempted theft of property valued at $1,000 or more, but less than $10,000. Following a jury trial, Defendant was convicted as charged. Following a sentencing hearing, the trial court merged Count 1 with Count 2 and sentenced Defendant to two years for her forgery conviction and one year for her attempted theft conviction. The trial court ordered Defendant’s sentences to be served concurrently and suspended on probation. In this appeal as of right, Defendant asserts that: 1) the prosecutor committed prosecutorial misconduct by making improper comments during closing argument; 2) the evidence was insufficient to support her convictions; and 3) the trial court abused its discretion by denying her requests to be granted judicial diversion and to be sentenced as an especially mitigated offender. Having carefully reviewed the record before us, we conclude that the comments of the prosecutor during closing argument constitute prosecutorial misconduct rising to the level of plain error. We therefore reverse the judgments of the trial court and remand this case for a new trial. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Lemaricus Devall Davidson
The defendant, Lemaricus Devall Davidson, appeals the Knox County Criminal Court jury convictions of two counts of first degree murder, two counts of especially aggravated robbery, two counts of especially aggravated kidnapping, three counts of aggravated rape, and one count of facilitation of aggravated rape that he received for his role in the January 2007 deaths of C.N. and C.C. The defendant claims that: the trial court 2 erred by refusing to suppress evidence obtained during the searches of his residence, his statements to the police following his arrest, and evidence obtained during searches of his person; the trial court erred by admitting into evidence postmortem photographs of the victims; the trial court should have excluded testimony and evidence regarding fingerprint examination and ballistics testing; the trial court erred by permitting courtroom spectators to wear buttons emblazoned with photographs of the victims during the guilt phase; the State violated his constitutional rights by intercepting and examining privileged communications to and from his attorneys; structural constitutional error occasioned by the out-of-court behavior of the trial judge entitles him to a new trial; the second successor trial judge erred by concluding that he could fulfill the statutory duty of thirteenth-juror review; the evidence was insufficient to support his convictions; errors related to the presentment require dismissal of the charges; the trial court erred by permitting jurors to submit questions for the witnesses; the trial court erred by allowing spectators to remain in the courtroom while jurors reviewed the defendant’s videotaped statement as part of their deliberations; the trial court should have dismissed the presentment due to constitutional deficiencies in the jury venire; the trial court erred by refusing to allow him to present evidence of the economic costs associated with the implementation of the death penalty; and the trial court erred by excusing those jurors who were not “death qualified.” The defendant also raises a number of challenges to the death penalty in general and its application in this case specifically. Because we conclude that no reversible error attends the convictions or sentences in this case and because it is our view, after a mandatory review, that the sentences of death imposed in this case were not disproportionate, we affirm the judgments of the trial court. We detect, however, clerical errors that require that the case be remanded for entry of corrected judgment forms. |
Knox | Court of Criminal Appeals | |
Stephen Michael West, et al v. Derrick D. Schofield, et al
We granted the State of Tennessee permission to appeal from the Court of Appeals’ decision on interlocutory appeal in which the intermediate appellate court affirmed the trial court’s order compelling discovery in this declaratory judgment action. The Plaintiffs are seeking a declaration that the lethal injection protocol in place for the execution of convicted criminal defendants sentenced to death is unconstitutional. In conjunction with pursuing their claim, the Plaintiffs sought to discover the identity of persons involved in facilitating and carrying out executions. Over the State’s objection, the trial court ordered the State to provide these identities to the Plaintiffs, and the Court of Appeals affirmed the trial court’s order. Upon due consideration, we reverse and remand this matter for further proceedings consistent with this Opinion and in compliance with the timelines set forth in the judgment order filed contemporaneously with this Opinion. |
Davidson | Supreme Court | |
State of Tennessee v. Thomas Lee Carey, Jr.
1998, Thomas Lee Carey, Jr. (“the Defendant”) was indicted in connection with the 1996 death of Michael Dickerson. The State entered a nolle prosequi as to the charges in 1999. In 2010, the Defendant was re-indicted for the same incident. After a trial, the jury returned guilty verdicts of first degree felony murder, second degree murder, and especially aggravated kidnapping. The Defendant raises four issues on appeal: (1) whether the evidence is sufficient to support his conviction for felony murder; (2) whether the trial court erred in denying the Defendant’s motion for speedy trial; (3) whether the trial court erred in admitting the testimony of a medical examiner who did not conduct the autopsy of the victim; and (4) whether the trial court erred by allowing the State to recall a witness. After a review of the M2013-02483-CCA-R3-CDrecord and applicable law, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Donnell Tunstall
Defendant, Donnell Tunstall, was convicted of attempted second degree murder, employing a firearm during the commission of a dangerous felony, and aggravated assault. He received an effective sentence of thirty-two years for these crimes. Defendant now appeals his convictions, claiming insufficient evidence and improper admission of unfairly prejudicial evidence regarding his previous arrest for the murder of the victim’s brother. After careful review, we conclude that the evidence was sufficient to support all of the convictions but that the admission of specific pieces evidence was improper and not harmless. Accordingly, the convictions are reversed and remanded for a new trial. |
Shelby | Court of Criminal Appeals |