Michael Golden v. Terry Murrell
Father and Mother are parents of a minor child born out of wedlock. After Mother regained custody of child, she petitioned the trial court for prospective and retroactive child support and medical insurance. Father also petitioned for retroactive child support. The juvenile referee set prospective child support and ordered Father to provide medical insurance for the child, but reserved the issue of retroactive child support pending the parties’ submission of their past years’ financial records. After multiple continuances and Father’s apparent unwillingness to comply with trial court’s discovery order, the Referee dismissed both parties petitions. A special judge affirmed. Father appealed and Mother cross-appealed. We remand the cause to the trial court to issue a ruling that contains a basis for the dismissal and for a determination of whether the trial court intended for its dismissal to serve as a denial of the parties’ petition for retroactive child support. |
Shelby | Court of Appeals | |
Wiled McMillian v. State of Tennessee
The petitioner, Wiled McMillIan, pleaded guilty in the Dyer County Criminal Court to one count of the sale of 0.5 grams or more of cocaine. He received a sentence of ten years, to be served in the Department of Correction (TDOC), although the court noted that the petitioner would be allowed to go to long-term drug rehabilitation after he had served six months in the Dyer County jail. Prior to the petitioner’s serving six months in the Dyer County jail, he was transferred to TDOC to serve the remainder of his sentence. Thereafter, the petitioner filed a petition for post-conviction relief, alleging ineffective assistance of counsel. The trial court denied the petition. On appeal, the petitioner asserts that he received ineffective assistance of counsel, that his guilty plea was involuntary, and that the post-conviction court erred in denying his separate motion to set aside the guilty plea. We affirm the judgment of the post-conviction court. |
Dyer | Court of Criminal Appeals | |
In the Matter of: JQW (D.O.B. 03/05/00) and LKW (D.O.B. 01/12/05)
This is a termination of parental rights case. On June 19, 2007, the Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Madison County to terminate the parental rights of Nikia Kiwan Long (“Mother”) and Terry Lowvall Woods (“Father”) to their minor children, JQW, born March 2000, and LKW, born January 2005. In its petition, DCS asserted the statutory grounds of abandonment, substantial noncompliance with the permanency plan, and persistence of conditions leading to the children’s removal from the home. Following a hearing on December 11, 2007, the trial court entered separate orders terminating Father’s rights and terminating Mother’s rights based on abandonment for failure to support, persistence of conditions that prevented the children’s return to Mother, and substantial noncompliance with the permanency plan. Only Mother appeals. We affirm. |
Madison | Court of Appeals | |
Maurice Tyrone Hendrix v. State of Tennessee
The petitioner, Maurice Tyrone Hendrix, seeks habeas corpus relief from 1988 Davidson County convictions for four counts of second degree burglary and one count of grand larceny and his resulting effective sentence of thirty-five years. The petitioner contends that his sentences have expired and that the judgments of conviction are void. We affirm the judgment of the trial court. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Lamar Fletcher
The petitioner, Lamar Fletcher, appeals from the trial court’s dismissal of his petition for error coram nobis relief. The state has filed a motion requesting that this court affirm the trial court’s denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We grant the state’s motion and affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Lloyd M. Pegues v. Illinois Central Railroad Company
Plaintiff failed to comply with the trial court’s discovery order to produce two witnesses for deposition within forty-five days, and Defendant moved to dismiss under Tennessee Rule of Civil Procedure 37.02. Plaintiff appeals, asserting the trial court abused its discretion where there was no evidence of willful or dilatory conduct by Plaintiff. We vacate and remand. |
Shelby | Court of Appeals | |
State of Tennessee v. Brian Charles LaDue
Appellant, Brian Charles LaDue, was indicted by the Knox County Grand Jury for attempted second degree murder and aggravated assault. After a jury trial, Appellant was found guilty of aggravated assault. As a result, the trial court sentenced Appellant as a Range I, standard offender to six years in incarceration. After the denial of a motion for new trial, Appellant seeks review of his sentence on appeal. We determine that Appellant has failed to show that plain error review of his sentence is warranted or that the trial court erred by denying probation. Accordingly, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
In Re: B.R.W., et al.
The mother of five children appeals the termination of her parental rights. The juvenile court terminated mother’s rights on the ground of severe child abuse due to her failure to protect the children from sexual abuse by her husband. The court also found that terminating her parental rights was in all five children’s best interests. We affirm. |
Dickson | Court of Appeals | |
State of Tennessee v. Shamarcus Antwan Hunt
The defendant, Shamarcus Antwan Hunt, was convicted of the sale of cocaine under .5 grams, a Class C felony, and possession of cocaine over .5 grams with intent to manufacture, deliver, or sell, a Class B felony. He was sentenced, respectively, to eight years and twelve years in the Department of Correction, to be served concurrently. On appeal, he argues that the evidence was insufficient to support his convictions and that the trial court should have declared a mistrial following allegedly improper remarks by the prosecutor during closing arguments. Following our review, we affirm the judgments of the trial court. |
Gibson | Court of Criminal Appeals | |
Eric Jason Tolley v. State of Tennessee
The petitioner, Eric Jason Tolley, appeals the denial of his petition for writ of habeas corpus, arguing that the court should have appointed counsel and held an evidentiary hearing to consider his claims. Following our review, we affirm the summary dismissal of the petition on the grounds that the petitioner failed to state a colorable claim for habeas corpus relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Shundell L. Dickerson
The defendant, Shundell L. Dickerson, was convicted of facilitation of first degree murder (Class A felony) and sentenced as a Range III, persistent offender to sixty years in prison. He appeals his conviction and sentence. He argues the trial court erred in: (1) precluding him from entering into evidence an anonymous letter mailed to the police in which other persons were named as responsible for the crime; (2) limiting the questioning of a witness regarding his expectations of favorable treatment in exchange for his testimony; and (3) allowing the prosecutor to make improper remarks during closing argument. Finally, the defendant argues enhancement factors were improperly applied to increase his sentence. After careful review, we affirm the judgment from the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Shundell L. Dickerson - Order
The court hereby grants the petition for rehearing filed by the State of Tennessee in this matter and withdraws the opinion and vacates the judgment previously filed on March 20, 2008. A new opinion and judgment are being filed contemporaneously with this order. |
Davidson | Court of Criminal Appeals | |
Bobby J. Burgess v. Kone, Inc.
A state maintenance worker was injured while cleaning water out of an elevator pit in the Legislative Plaza. The worker sued the contractor that provided elevator maintenance and repair services to the state. He claimed that the contractor was responsible for his injuries because the contractor violated its contract with the state by refusing to remove the water from the elevator pit and because it was negligent in not locking down the elevator when its employee knew people would be working in the pit. The trial court granted summary judgment in favor of the contractor. The worker appealed. We affirm. |
Davidson | Court of Appeals | |
State of Tennessee v. Katie Ann Walsh
The defendant, Katie Ann Walsh, pled guilty in the Sullivan County Criminal Court to violation of a habitual traffic offender order, reckless endangerment, and felony failure to appear, all Class E felonies. The Sullivan County Criminal Court sentenced her to concurrent one-year sentences as a Range I offender for the habitual traffic offender violation and reckless endangerment and fined her $250.00 on each offense. The court sentenced her to one year as a Range I offender for the failure to appear, with a $250.00 fine, to be served consecutively to the other sentences. The defendant appeals, contending that the trial court erred in interpreting and applying applicable law in denying her any form of alternative sentencing. We affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Michael Todd Kirkup
A Davidson County jury convicted the defendant, Michael Todd Kirkup, of one count of theft of property over $1000, one count of possession of drug paraphernalia, and one count of second offense driving on a revoked license. The trial court sentenced the defendant to an effective sentence of six years in prison. On appeal, the defendant contends that: (1) the trial court erred when it allowed the State to impeach his credibility with his prior convictions for theft and fraudulent use of a credit card; (2) there is insufficient evidence to support his convictions; and (3) the trial court erred when it enhanced his sentence. Finding no error, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. George Garner, Jr.
The defendant, George Garner, Jr., appeals his Rutherford County Criminal Court conviction of one count of attempted second degree murder. In this appeal, he contends that the evidence was insufficient and that his sentence is excessive. We affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
Stephen E. DePasquale, M.D. v. Donald H. Chamberlain, M.D., et al.
Stephen E. DePasquale, M.D. (“Plaintiff”) was employed by Chattanooga Gyn-Oncology, LLC. Plaintiff’s employment was terminated in August 2006. The parties entered into a negotiated settlement agreement (the “Agreement”), whereby Plaintiff was to receive $49,500 in severance pay, conditioned upon his abiding by the terms of the Agreement. The Agreement also provided that if either party defaulted, the non-defaulting party was entitled to attorney fees if suit was filed to enforce the terms of the Agreement. When Plaintiff did not receive payment, he filed this suit to enforce the terms of the Agreement and sought damages in the amount of $49,500, plus interest and attorney fees. Donald H. Chamberlain, M.D. and Chattanooga Gyn-Oncology, LLC (“Defendants”) claimed Plaintiff had breached the terms of the Agreement and was not entitled to any severance pay. Defendants also sought an award of attorney fees. Following a trial, the Trial Court determined that Plaintiff had breached the Agreement and was not entitled to any severance pay. The Trial Court further determined that Defendants were not entitled to an award of attorney fees. Defendants appeal claiming the Trial Court erred when it refused to award them attorney fees. Plaintiff raises a separate issue, claiming that the Trial Court erred when it determined that he had breached the Agreement. We reverse the Trial Court’s judgment against Plaintiff, and remand for the entry of judgment in favor of Plaintiff for $49,500, plus attorney fees to be determined by the Trial Court. |
Hamilton | Court of Appeals | |
State of Tennessee v. Perry A. March - Concurring
I concur in the results reached and most of the reasoning used in the majority opinion. I write separately to stress the importance of complying with Tennessee Code Annotated section 40-13-202, which requires that the “indictment must state the facts constituting the offense in ordinary and |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Perry A. March
The defendant, Perry A. March, appeals his jury-imposed, Davidson County Criminal Court theft conviction and his five-year sentence. In his appeal, the defendant claims that the convicting evidence was insufficient because of a variance between the indictment and the proof, that the trial court erred in denying his objection to the use of pattern jury instructions for theft, and that the court erred in enhancing his sentence. Claiming that the trial court did not enter an order to address the defendant’s timely motion for new trial, the State seeks dismissal of the appeal. We reject the State’s claim for dismissal, and because the proof supported the claim of theft, we affirm the conviction; however, we modify the sentence to three years. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Hosie Perry, Jr.
The defendant, Hosie Perry, Jr. was convicted by jury of two counts of first degree premeditated murder for which he received consecutive sentences of life imprisonment. On appeal, he contends that: (1) the evidence was insufficient to sustain his convictions because there was no proof connecting him to the crimes other than uncorroborated accomplice testimony; (2) the trial court erred in admitting autopsy photographs of the victims; and (3) the trial court erred in sentencing him to two consecutive life sentences. Upon review of the record and the parties’ briefs, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jeffery E. Long
The defendant, Jeffery E. Long, was convicted of aggravated robbery and sentenced to thirteen years as a Range II, multiple offender. On appeal, he argues that the evidence was insufficient to support the verdict and that the trial court erred in three areas: admission of a photographic lineup, failure to grant a mistrial, and failure to require a different jury panel when it was possible some members saw the defendant led into a holding cell in the courthouse prior to trial. After careful review, we conclude that no reversible error exists and affirm the judgment from the trial court. |
McMinn | Court of Criminal Appeals | |
State of Tennessee v. Joseph Bloodgood
The appellant, Joseph Bloodgood, pled guilty to facilitation of aggravated burglary and received a sentence of two years. The trial court denied the appellant alternative sentencing, and the appellant now appeals. Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Lebron Moore v. State of Tennessee - Dissenting
The last court to consider the petitioner’s mental fitness was the trial court that dismissed his post-conviction case without prejudice in 1988 because the petitioner was mentally incompetent to proceed. We are presently faced with a Motion to Reopen form that is quite limited when compared to the form for a petition for post-conviction relief. It does assert, however, that the petitioner was found incompetent and that he did not seek an appeal because he was unaware of the process due to his incompetence. |
Hamilton | Court of Criminal Appeals | |
Lebron Moore v. State of Tennessee
In 1982 the petitioner, Lebron Moore, was convicted of aggravated rape and second degree burglary and sentenced to forty years in the Department of Correction. Following an unsuccessful direct appeal, he filed a petition for post-conviction relief, which was dismissed in 1988 on the ground that he was mentally incompetent to proceed. In 2005, the petitioner filed a pleading styled “Motion to Reopen Post-Conviction Petition,” which the post-conviction court treated as a new petition for post-conviction relief and dismissed as untimely. The petitioner argues on appeal that the post-conviction court erred in finding the petition untimely. Following our review, we affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
Dennis J. Hughes v. Board of Professional Responsibility of the Supreme Court of Tennessee - Concurring/Dissenting
Although I concur in much of the majority opinion, I write separately to express my disagreement with the majority’s expansion of the scope of our standard of review in Board of Professional Responsibility (“BPR”) cases. Under its revised standard, the majority fails to give proper deference to the panel’s conclusion that Mr. Hughes clearly and convincingly demonstrated that his reinstatement would not be detrimental to the integrity of the bar, the administration of justice, or the public interest. Because the outcome of this case turns upon the proper application of our standard of review, I will explain my views on that standard in some detail. |
Davidson | Supreme Court |