Marcellus Hurt v. State of Tennessee
The petitioner, Marcellus Hurt, appeals the Madison County Circuit Court’s denial of his petition for post-conviction relief. On appeal, the petitioner argues he was denied the effective assistance of counsel based upon trial counsel’s failure to exercise his influence and persuade the petitioner to plead guilty. The State has filed a motion requesting that this court affirm the post-conviction court’s dismissal pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Because the petitioner has failed to allege any ground which would establish a claim of ineffective assistance of counsel, we grant the State’s motion and affirm the judgment of the Madison County Circuit Court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Walter Pablo
The Appellant, Walter Pablo, appeals the sentencing decision of the Shelby County Criminal Court in ordering that his sentence for DUI, first offense, be served in total confinement. Pablo and the State reached a guilty plea agreement providing that he would plead guilty to DUI, leaving the scene of an accident, and failure to appear, and receive an effective sentence of eleven months and twenty-nine days, with fifteen days to be served in confinement and the balance to served on probation. At a guilty plea hearing, after questioning by the trial court, Pablo provided information to the court that he was a Mexican citizen, and that he did not know whether the federal authorities were aware of his presence in this country. After four days of guilty plea proceedings over a period from August 7, 2007, to August 28, 2007, during which Pablo was in confinement, the trial court rejected the guilty plea agreement insofar as it provided for a probationary sentence. Pablo was allowed the opportunity to withdraw his guilty plea, which he declined. The trial court then summarily sentenced Pablo to eleven months and twenty-nine days’ incarceration in the workhouse for the DUI conviction. On appeal, Pablo argues that the trial court erred in denying him probation based solely upon his perceived status as an illegal alien. After review, we conclude that there was insufficient evidence to support the trial court’s determination that Pablo’s presence in the United States was unlawful and that the trial court’s summary sentencing decision failed to consider relevant principles of sentencing in denying probation. Accordingly, we reverse the judgment of the trial court and remand for resentencing. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Devin James
The Appellant, Devin James, appeals the sentencing decision of the Shelby County Criminal Court after a jury found him guilty of the reckless homicide of Rodney Steward. After a sentencing hearing, James received a thirty-month sentence in the “workhouse,” with all but ninety days suspended, followed by five years of probation. On appeal, James argues: (1) that the trial court’s denial of judicial diversion was error; (2) that the trial court erred in failing to grant him full probation; and (3) that the trial court erred in enhancing his sentence six months beyond the presumptive minimum and in imposing a probationary term of five years. After thorough review of the record and the briefs of the parties, we affirm. |
Shelby | Court of Criminal Appeals | |
Theresa L. Caldwell v. Canada Trace, Inc.
This is an appeal from a damage award. In the underlying litigation, the plaintiff owner of a mobile home sued the defendant owner of the mobile home park in which the mobile home was located, over the defendant’s eviction of the plaintiff and alleged conversion and trespass, resulting in damages to the mobile home. The trial court held in favor of the defendant mobile home park owner, and the plaintiff appealed. The trial court’s decision was reversed on appeal, and the case was remanded for the determination of the damages to the plaintiff mobile home owner. The trial court awarded compensatory damages to the plaintiff mobile home owner, who now appeals again, arguing that she should have received consequential and punitive damages. We affirm. |
Shelby | Court of Appeals | |
Geraldrick Jones v. State of Tennessee
The petitioner, Geraldrick Jones, was convicted of first degree premeditated murder and sentenced to life without the possibility of parole. Following an unsuccessful direct appeal, he sought post-conviction relief, alleging that he received ineffective assistance of counsel. Specifically, he alleged that trial counsel (1) should have requested dismissal of the indictment or a special jury instruction after the State lost samples of his blood; (2) should have moved to suppress evidence found after the police searched his home; (3) and failed to object to improper closing remarks by the State. The post-conviction court concluded that the petitioner failed to prove these claims and dismissed the petition. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Morris Neal Davis v. Steven Dotson, Warden
The petitioner, Morris Neal Davis, appeals the Hardeman County Circuit Court’s summary dismissal of his petition for the writ of habeas corpus. On appeal, the petitioner argues that the trial court was without authority or jurisdiction to sentence him outside his statutory sentencing range and, further, that the court lacked jurisdiction to sentence him above the statutory minimum sentence. The State has filed a motion requesting that this court affirm the lower court’s dismissal pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Because the petitioner has failed to allege any ground which would render the judgments of conviction void, we grant the State’s motion and affirm the judgment of the Hardeman County Circuit Court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Lana Billings Henry
The Defendant, Lana Billings Henry, appeals from the sentencing decision of the Sullivan County Criminal Court. In October 2007, the Defendant entered guilty pleas to multiple counts of forgery and theft. Under the terms of the agreement, the Defendant received an effective six-year sentence as a Range II, multiple offender, and the manner of service was submitted to the trial court. Following a sentencing hearing, the trial court ordered the Defendant to serve her sentences in the Department of Correction. On appeal, the Defendant argues that a sentence of community corrections was appropriate. After review, we affirm the sentencing decision of the trial court. |
Sullivan | Court of Criminal Appeals | |
Kenneth Pettitt, et al. v. Curtis Williamson d/b/a Williamson Construction, et al.
Finding that the home purchasers created genuine issues of material fact as to whether the defendant facilitated the home sale for the contractor/seller, we reverse the trial court’s grant of summary judgment. |
Coffee | Court of Appeals | |
Doris P. Williams v. Jimmy D. Williams
This is a divorce case. During the course of the parties’ long-term marriage, the wife retired from her job as a teacher because of multiple health problems. In the divorce decree, the wife was awarded alimony in futuro. The husband filed a motion to alter or amend the judgment, which was denied. The husband appeals the award of alimony in futuro, and the denial of his motion to alter or amend. The wife asserts that this is a frivolous appeal. We affirm and find that this is a frivolous appeal. |
Shelby | Court of Appeals | |
Stanley A. Dumbaugh, et al. v. Dr. George E. Thomas, Individually and as an Employee of Transouth Healthcare, P.C., et al.
In this medical malpractice action, the trial court granted summary judgment in favor of the defendant doctor because the plaintiff had not personally served the defendant doctor; was put on notice of this insufficiency in the defendant’s answer; and took no action to re-issue the summons and serve the doctor. Following entry of summary judgment, the plaintiff sought relief from this judgment pursuant to Rule 60.02 (1), arguing that the statements of the trial court and the actions of the parties implied that service was proper and led his counsel to believe there was no need to reserve the defendant doctor. The trial court denied plaintiff’s motion, and the plaintiff appealed. Finding no abuse of discretion, we affirm. |
Madison | Court of Appeals | |
State of Tennessee v. Timothy Lee Demery
Appellant, Timothy Lee Demery, was convicted by a Carter County Jury of second degree murder. As a result, he was sentenced to twenty-three years in incarceration. After the denial of a motion for new trial, Appellant initiated the appeal herein. On appeal, he argues that the trial court improperly denied the motion for new trial on the basis of newly-discovered evidence that exonerated Appellant and was withheld from the defense during trial. We determine that the trial court did not abuse its discretion in denying a new trial on the basis of newly-discovered evidence and, therefore, affirm the judgment of the trial court. |
Carter | Court of Criminal Appeals | |
Michael Wallace Sherrod v. Tennessee Department of Human Service, et al.
The circuit court affirmed a final administrative order of the Tennessee Department of Human Services establishing a divorced father’s child support arrearage, directing that support be paid to the Central Child Support Receipting Unit, and issuing tax refund intercept notices. On appeal, the father contends that he did not owe the arrearage assessed against him, making the intercept notices invalid, that there were numerous irregularities in the administrative proceedings, and that |
Robertson | Court of Appeals | |
Bernard Henry v. State of Tennessee
The Petitioner, Bernard Henry, appeals from the Shelby County Criminal Court’s order dismissing his petition for post-conviction relief. He argues that the dismissal was erroneous because he did not receive the effective assistance of trial counsel and because the post-conviction court improperly prevented him from presenting evidence that his appellate counsel was ineffective. After a review of the record, we conclude that the post-conviction court erred in denying the Petitioner an opportunity to be heard on his claim of ineffective assistance of appellate counsel. Accordingly, the case is remanded for further proceedings. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Calvin Landers
A Shelby County Criminal Court jury convicted the defendant, Calvin Landers, of rape of a child, and the trial court sentenced him to serve a 20-year sentence in the Department of Correction. The defendant now appeals and claims that the evidence is insufficient to support the conviction and that the sentence is excessive. Because the record supports the judgment of the trial court, we affirm both the conviction and the sentence. |
Shelby | Court of Criminal Appeals | |
Jeremy Flax, et al. v. Daimler-Chrysler Corporation, et al. - Concurring
I concur with Justice Holder and Chief Justice Barker as to the propriety of the award of $5 million for the wrongful death of Jeremy Flax, apportioned one-half to the fault of the DaimlerChrysler Corporation [the “Defendant”] and the other one-half to Lewis Stockell. I further concur in their affirmance of the trial court’s reduction of punitive damages against the Defendant regarding the wrongful death action from $65,500,000 to $13,367,345. Finally, I agree that the $2.5 million in compensatory damages awarded Rachel Sparkman for the negligent infliction of emotional distress, one-half of which was adjudged against the Defendant, and the punitive damages of $6,632,655, all of which was assessed against the Defendant, should be set aside. |
Davidson | Supreme Court | |
Jeremy Flax, et al. v. Daimler-Chrysler Corporation, et al.
The plaintiffs filed this products liability case against Daimler-Chrysler seeking damages for the wrongful death of their son and for emotional distress suffered by the mother. The plaintiffs also sought punitive damages. We granted review to determine: 1) whether a negligent infliction of emotional distress claim brought simultaneously with a wrongful death claim is a “stand-alone” claim that requires expert medical or scientific proof of a severe emotional injury; 2) whether the evidence presented at trial was sufficient to support an award of punitive damages; 3) whether the punitive damages awarded by the trial court were excessive; and 4) whether the trial court erred by recognizing the plaintiffs’ second failure to warn claim. We hold that the simultaneous filing of a wrongful death suit does not prevent a negligent infliction of emotional distress claim from being a “stand-alone” claim. Therefore, negligent infliction of emotional distress claims brought under these circumstances must be supported by expert medical or scientific proof of a severe emotional injury. In addition, we conclude that the punitive damages awarded by the trial court were adequately supported by the evidence and were not excessive. Finally, we hold that the trial court erred by recognizing the plaintiffs’ second failure to warn claim but conclude that the error did not prejudice the judicial process or more probably than not affect the jury’s verdict. Accordingly, we affirm the Court of Appeals’ reversal of the compensatory and punitive damage awards based on the negligent infliction of emotional distress claim and reverse the Court of Appeals’ decision to overturn the punitive damage award related to the plaintiffs’ wrongful death claim. |
Davidson | Supreme Court | |
Jeremy Flax, et al. v. Daimler-Chrysler Corporation, et al. - Concurring/Dissenting
The heart-wrenching facts of this wrongful death/emotional distress case, which are adequately set forth in the majority opinion, need not be restated here. The tragedy visited upon this family is indeed great. The record, like the trial itself, is lengthy. The trial testimony is extensive and, at times, contradictory. The fact that the members of this Court disagree as to how to resolve some of the difficult legal issues–which are hotly contested–is no surprise. The case is complex on multiple levels and resolving the issues presented while attempting to achieve a just result has proven to be no easy task. |
Davidson | Supreme Court | |
Jeremy Flax, et al. v. Daimler-Chrysler Corporation, et al - Dissenting
The Court has decided to uphold a judgment for $18,367,345 in compensatory and punitive damages arising out of the death of an eight-month-old child in a collision between a minivan and a truck. While the parents’ loss of their child is heart-wrenching and tragic, I cannot concur in affirming the awards of either compensatory or punitive damages against the manufacturer of the minivan in which the child was a passenger. The child’s parents are not entitled to $13,367,345 in punitive damages because they have failed to present clear and convincing evidence that the manufacturer acted recklessly in the design, construction, or marketing of the minivan. They are likewise not entitled to recover $5,000,000 in compensatory damages because of the erroneous admission of evidence regarding twenty-five “similar incidents” occurring after the date that the minivan was sold. Accordingly, rather than approving the award of $18,367,345 in compensatory and punitive damages, I would remand the case for a new trial on the issue of compensatory damages only. |
Davidson | Supreme Court | |
State of Tennessee v. Grady Hayes Brown
The Defendant pled guilty to one count of rape and two counts of sexual battery by an authority figure. Pursuant to the plea agreement, the Petitioner received an eight year sentence for the rape conviction and three year sentences on each sexual battery conviction. The trial court held a sentencing hearing to determine the manner of service. At the sentencing hearing, the Defendant complained that his counsel forced him to plead guilty, after which counsel moved to withdraw. The trial court denied the motion to withdraw, and it ordered the Defendant to serve the sexual battery convictions concurrently to each other but consecutively to the rape conviction. The court also denied alternative sentencing. On appeal, the Defendant raises three issues: (1) the trial court erred in refusing to allow Counsel to withdraw during the sentencing hearing; (2) the trial court erred in imposing consecutive sentencing for the sexual battery and rape convictions; and (3) the trial court erred in denying alternative sentencing. After a thorough review of the record and applicable law, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Eric Shane Heller
The defendant, Eric Shane Heller, was convicted of initiation of a process to manufacture methamphetamine and possession of methamphetamine with intent to manufacture, sell or deliver, both Class B felonies. On appeal, the defendant argues that the trial court erred in finding that the defendant lacked standing to contest the search warrant which led to his arrest, that the evidence was insufficient to sustain his convictions, and that the trial court erred by issuing a jury instruction on the flight of the defendant. Following our review of the parties’ briefs, the record, and the applicable law, we reverse and vacate the judgments of the trial court and dismiss the defendant’s convictions. |
Weakley | Court of Criminal Appeals | |
State of Tennessee v. Trumaine Winters
The Appellant, Trumaine Winters, appeals his convictions and the resulting sentencing decisions of the Shelby County Criminal Court. After a jury trial, Winters was found guilty of first degree murder and aggravated robbery. Winters was sentenced to consecutive sentences of life imprisonment for first degree murder and twelve years for aggravated robbery. On appeal, Winters argues: (1) that the evidence was legally insufficient to sustain his convictions; (2) that the trial court “erred in failing to suppress the identification and subsequent identification testimony of State’s witnesses”; (3) that the trial court erred in its application of enhancement factors at sentencing for the conviction of aggravated robbery; and (4) that the trial court erred in imposing consecutive sentencing. After review, we conclude that issues (1), (2) and (4) are without merit. However, with regard to issue (3), we conclude, following plain error review, that Winters’ sentence for aggravated robbery must be reversed in light of Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), and the case remanded for resentencing. |
Shelby | Court of Criminal Appeals | |
Arthur Kahn, et al. v. Paul J. Penczner, et al.
Lessees/Appellants filed suit against Lessors/Appellees for breach of a commercial lease after Lessors/Appellees refused to approve Lessees/Appellants’ proposed subtenants. The trial court found that Lessors/Appellees had failed to fully mitigate damages, and granted Lessor/Appellees only 50% of rents as damages, along with damages for taxes and insurance. Lessees/Appellants appeal the trial court’s award of rents, and the judgment for taxes and insurance. Lessors/Appellees raise additional issues concerning the trial court’s award of only a portion of its claimed attorneys fees, and the judgment based upon damage to the demised Building by Lessees/Appellants. Finding no error, we affirm. |
Shelby | Court of Appeals | |
Ahmad Suleiman d/b/a Barksdale Market v. City Of Memphis Alcohol Commission
Following a trial de novo on writ of certiorari, the trial court reversed the City of Memphis Alcohol Commission’s denial of a beer permit, ruling that the evidence did not support a finding that the sale of beer from the applicant’s market would interfere with the public health, safety, and morals. It ordered the City of Memphis to issue a beer license to the applicant. We conclude that the evidence preponderates against the trial court’s decision. We reverse and remand. |
Shelby | Court of Appeals | |
Martha Valentine v. Raymond Hobson
Pro se Appellant filed suit against Appellee Landlord for damages following a forcible entry and detainer. Appellant appealed the decision of the general sessions court to the Circuit Court at Fayette County. The circuit court found that Appellant had failed to meet her burden of proof and dismissed the appeal. Finding no error, we affirm. |
Fayette | Court of Appeals | |
State of Tennessee v. William Earl Starks
The appellant, William Earl Starks, was found guilty by a jury in the Tipton County Circuit Court of rape of a child, and he received a sentence of twenty-two years in the Tennessee Department of Correction. On appeal, the appellant contends that the State adduced insufficient proof of venue. Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Tipton | Court of Criminal Appeals |