Michael South v. State of Tennessee - Order
This is an appeal from the trial court’s dismissal of a post-conviction relief petition. The appellant, Michael South, was convicted of aggravated rape and aggravated robbery and sentenced to serve 60 years and 30 years, respectively. The sentences were ordered to be served consecutively. We affirm the dismissal of the petition. In his petition seeking post-conviction relief, the sole issue was whether South had been denied effective assistance of counsel. After an evidentiary hearing, the trial judge filed an excellent, detailed opinion. The trial judge found that counsel’s performance was not deficient and denied relief. We have reviewed the briefs, transcript of the hearing, opinion and order denying relief and the entire appellate record. The evidence in the record does not preponderate against the findings and conclusions of the trial court. The judgment of the trial court is AFFIRMED pursuant to Rule 20 of the Tennessee Court of Criminal appeals. |
Shelby | Court of Criminal Appeals | |
BMC Enterprises, Inc. D/B/A Bond Memorial Chapel v. City of Mt. Juliet, et al.
Plaintiff has operated a funeral home on its property since 1997. In this zoning dispute, the City of Mt. Juliet Board of Zoning Appeals (“the Board”) refused to allow plaintiff to establish a crematory as an expansion of plaintiff’s funeral home services. The funeral home had been a legal nonconforming use of plaintiff’s property since the City’s zoning ordinance was amended in 1998. The Board refused to allow plaintiff to operate a crematory on the same property because crematories are not permitted in the zoning district for plaintiff’s property. Plaintiff filed a Petition for Writ of Certiorari to the Trial Court for judicial review of the Board’s decision. The Trial Court granted the writ and found that the Board’s decision was arbitrary, illegal, and capricious. The Trial Court reversed the Board’s decision and ordered defendants to allow plaintiff to build and operate the proposed crematory on its funeral home property. The Trial Court also granted plaintiff $10,000 in attorney fees and costs. Defendants appeal. We affirm. We also hold that BMC is entitled to its reasonable attorney fees and costs incurred during this appeal, not to exceed $10,000, pursuant to the Equal Access to Justice Act, Tenn. Code Ann. § 29-37-101, et seq. Therefore, we remand to the Trial Court for a determination of the proper amount of attorney fees and costs to be awarded to BMC and for collection of costs below. |
Wilson | Court of Appeals | |
Glen Cook v. State of Tennessee
The petitioner, Glen Cook, appeals the denial of his petition for post-conviction relief and argues that he received ineffective assistance of counsel and that he was sentenced improperly. Specifically, he argues that counsel failed to interview witnesses, never discussed trial strategy with the petitioner, and failed to file proper motions. After careful review, we affirm the judgment from the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee ex rel, Peggy Doreen (Hunn) Flatt v. Jerry Keith Flatt
This appeal involves a child support obligation. The mother and father had three minor children. When the parties divorced, they entered into a marital dissolution agreement and a permanent parenting plan, which were approved by the divorce decree. Relevant to this appeal, the parties owned a newer residence, which was their marital home, and also an older residence, which had been listed for sale. The permanent parenting plan provided that it would not become effective until the older residence was sold. The parties agreed that the mother and the three children would be allowed to continue living with the father in the newer residence after the divorce until the older residence was sold. The father would be paying several marital debts until the older home sold, including the mortgage on the older home. However, the parenting plan provided that the father’s obligation to pay child support would not begin until the older home was sold. The mother and children soon moved out of the marital home and into the older residence. Pursuant to the agreement, the father had no obligation to pay child support because the older residence had not been sold. Six weeks after the final divorce decree was entered, the mother filed a motion to set aside the divorce decree and parenting plan, claiming that the parties were not abiding by the decree and the father was not paying any child support. The mother began receiving public assistance benefits, and the State of Tennessee Department of Human Services filed a petition on her behalf seeking to modify the father’s child support obligation, claiming that the agreement relieving him of his duty to pay child support was void and that a significant variance existed between his current obligation and the Child Support Guidelines. The trial court entered a default order requiring the father to pay child support directly to the mother, but later set it aside, leaving the father with only his obligation, pursuant to the marital dissolution agreement, to pay the marital debts until the older residence sold. The State appeals. We reverse and remand. |
McNairy | Court of Appeals | |
Linda S. Mullins v. Lear Corporation
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The sole issue presented by this appeal is whether the trial court was correct in awarding benefits for 50% permanent partial disability to a scheduled member, i.e. hearing loss, rather than the body as a whole. We hold that the award should have been apportioned to the body as a whole and therefore capped at two and one half times the anatomical impairment. We modify the judgement accordingly. |
Claiborne | Workers Compensation Panel | |
Shore Trucking Co., Inc. v. B. J. Frashier
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. Employee alleged that he sustained a permanent injury to his lower back as a result of a fall. Employer took the position that Employee did not sustain a permanent injury. At trial, an evaluating physician testified that Employee had a 7% permanent impairment to the body as a whole; two physicians who examined Employee shortly after the accident testified that he had no impairment. The trial court awarded benefits for 33% permanent partial disability to the body as a whole. Employer has appealed, asserting that the trial court erred in finding that Employee had sustained a permanent injury. We conclude that the evidence does not preponderate against the decision of the trial court and affirm the judgment. |
Rhea | Workers Compensation Panel | |
Tammy Mathis v. Deer Ridge Mountain Resort and Sue Ann Head, Administrator, Second Injury Fund
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The issue presented by this appeal is whether the evidence preponderates against the trial court’s finding under TCA 50-6-207 (4) (B) that the employee is totally incapacitated from working at an occupation that brings the employee an income and the resulting award of one hundred percent permanent and total disability when the collective evidence of all the vocational experts was a vocational impairment ranging from 55% to a maximum of 80%. We conclude that the evidence does not preponderate against the trial court’s finding, and award and affirm the judgment. |
Cocke | Workers Compensation Panel | |
Adrian Wilkerson v. Howard Carlton, Warden
The petitioner, Adrian Wilkerson, appeals from the denial of his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petitioner has failed to establish a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Billy Joe Harris
The appellant, Billy Joe Harris, appeals as of right from a judgment of the trial court summarily dismissing his motion for a new trial. The appellant claimed he was entitled to a new trial due to newly discovered evidence. The trial court found the motion was not timely filed pursuant to the Tennessee Rules of Criminal Procedure. The appellant was tried and convicted on April 27, 1989. His motion for a new trial was denied. This Court affirmed his conviction and sentence, and the Supreme Court also affirmed the sentence. He subsequently instituted four suits for post-conviction relief. All four suits were denied at every stage of the proceedings. The present motion was filed June 26, 1995 as a separate action. After a thorough review of the record, the briefs of the parties, and the law governing the issue presented for review, it is the opinion of this Court the judgment of the trial court should be affirmed. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Bobby Baker
The appellant, Bobby Baker, was convicted of aggravated rape, a Class A felony, and aggravated burglary, a Class C felony, by a jury of his peers. The trial court, finding that the appellant was a multiple offender in the aggravated rape case, imposed a Range II sentence consisting of confinement for thirty-five (35) years in the Department of Correction. The trial court further found that the appellant was a persistent offender in the aggravated burglary case and imposed a Range III sentence consisting of confinement for twelve (12) years in the Department of Correction. The sentences are to be served consecutively. The effective sentence imposed was confinement for forty-seven (47) years in the Department of Correction. The appellant presents eleven issues for review. After a thorough review of the record, the briefs of the parties, and the authorities which govern the issues raised by the appellant, it is the opinion of this Court that the judgment of the trial court should be affirmed. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Perry A. Cribbs
The defendant, Perry A. Cribbs, was convicted of premeditated first degree murder, first degree murder during the perpetration of an aggravated burglary, first degree murder during the perpetration of aggravated robbery, aggravated burglary, and attempted first degree murder. The death penalty verdicts were based upon two of the aggravating circumstances prescribed by statute: (1) the defendant was previously convicted of one or more felonies, other than the present charge, whose statutory elements involve the use of violence to the person; and (2) the murder was committed while the defendant was engaged in committing a burglary. |
Shelby | Court of Criminal Appeals | |
Jerome Sydney Barrett v. State of Tennessee
The petitioner appeals the trial court's denial of his petition for a writ of habeas corpus. There was no evidentiary hearing. While the petitioner submits an extensive brief outlining a number of issues, we have summarized his claims as follows: (1) whether the trial court erred when it determined that sentence reform legislation adopted in 1979 and 1989 did not apply to petitioner's sentence; (2) whether the subsequent sentence reform acts deny petitioner equal protection under the law and due process of the law; (3) whether the petitioner's sentence is cruel and unusual punishment; (4) whether the trial court erred by not appointing counsel to represent the petitioner during this habeas corpus proceeding; (5) whether the trial court erred by not allowing the petitioner an evidentiary hearing on this petition; and (6) whether the trial court erred by determining that it did not have jurisdiction to alter the petitioner's sentence in a habeas corpus proceeding. We affirm the judgment of the trial court. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Solomon Akins - Order
This is an appeal as of right pursuant to Tenn. R. App. P. 3. On January 26, 1995, Appellant was convicted by a jury of five counts of selling less than .5 grams of cocaine. As a Range II offender, Appellant received a sentence of eight years and six months for each count. All five of these sentences were concurrent to each other, but consecutive to two previous convictions he was serving on probation. In this appeal Appellant alleges the evidence is insufficient to support the verdicts, and that his sentence is excessive. Having reviewed the record in this matter we are of the opinion that the convictions and sentence are fully supported by the law and evidence and that this matter should be affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Charles P. Grigsby
The appellant, Charles P. Grigsby, entered an Alford plea to one count of aggravated burglary in the Shelby County Criminal Court and received, pursuant to a plea agreement, a sentence of eight years as a range II offender. The manner of service of the appellant’s sentence was submitted to the trial court for its determination. Following the sentencing hearing, the trial court denied the appellant’s request for an alternative sentence and ordered that his sentence be served in the Department of Correction. The appellant appeals this sentencing decision, specifically contending that the trial court erred by failing to impose a sentence under the Community Corrections Act. After a review of the record, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Timothy Adams, a/k/a Skinny Rock
The Defendant appeals to this court as of right from a judgment entered on a Weakley County jury verdict convicting him of attempt to commit first degree murder and aggravated assault. The defendant presents four issues for review: (1) that the evidence was insufficient to support a guilty verdict for attempt to commit first degree murder; (2) that principles of double jeopardy prohibit his conviction for both attempt to commit first degree murder and aggravated assault; (3) that the twenty-five year sentence for attempt to commit first degree murder is excessive; and (4) that the court erred in ordering the sentences to be served consecutively to four prior sentences of incarceration. After review of the record, we affirm in part and reverse in part the trial court’s decision. |
Weakley | Court of Criminal Appeals | |
State of Tennessee v. James Edward Armstrong
Defendant Armstrong appeals as of right from a jury verdict of guilty for the sale of a Schedule II controlled substance (cocaine). Sentenced as a Range I standard offender, Armstrong received thirty-seven (37) months in the Tennessee Department of Correction and was fined $2,000. The sole issue for review is whether the evidence is sufficient to sustain Armstrong’s conviction. We affirm the judgment of the trial court. |
Henry | Court of Criminal Appeals | |
Stanley Adams v. State of Tennessee
The appellant, Stanley Adams, was indicted for first degree murder and especially aggravated robbery. The state sought the death penalty. Pursuant to a negotiated plea, however, the appellant pled guilty to second degree murder and aggravated robbery. He was sentenced to 45 years for second degree murder and 15 years for aggravated robbery. The sentences were ordered to be served concurrently. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Keeta Burden - Order
This is an appeal as of right from the judgment of the Circuit Court of Obion County, granting Appellant’s motion to modify her sentence, but denying her full probation. See, Tenn. R. Crim. P. 35. Appellant was convicted upon a plea of guilty of the offense of theft of property in excess of $60,000, a Class B felony. Her original sentence, imposed April 17, 1995, was to a term of eight years in the Department of Correction as a Range I standard offender. The sentence was suspended except for one year which Appellant was ordered to serve in the Obion County Jail. A probationary period was imposed for the balance of the term and restitution ordered as a condition thereof. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Elton Donald Bowers a/k/a Rashid Qawwi
The defendant, Elton Donald Bowers, also known as Rashid Qawwi, was convicted of aggravated robbery and possession of a weapon with the intent to employ in the commission of the robbery. Tenn. Code Ann. § 39-13-402 and Tenn. Code Ann. § 39-17-307. The trial court ordered the weapons conviction merged with the aggravated robbery, classified the defendant as a career offender, and imposed a thirty-year sentence. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Timothy Wade Hall, Sr.
The defendant was convicted by a jury of attempt to commit second-degree murder and aggravated assault. After a hearing, he was sentenced to twelve years on the attempt offense and eight years on the assault offense, to run concurrently. In this appeal as of right, the defendant argues that his two convictions must be merged; that the trial court erred in denying his motion for mistrial; and that his sentence is excessive. Finding merit in the first of these issues, we reverse and dismiss the defendant’s conviction for aggravated assault. We otherwise affirm the judgment below. |
Madison | Court of Criminal Appeals | |
Robert Glen Coe v. State of Tennessee - Order
Appellant, Robert Glen Coe, appeals from the dismissal of his third post-conviction relief petition. He has been convicted of first degree murder, aggravated rape, and aggravated kidnaping. He was sentenced to death for first degree murder and received two sentences of life imprisonment for the other charges. Coe contends the trial court erred in dismissing his petition and presents to this Court the following issues for review: (1) whether the state withheld exculpatory evidence and presented misleading testimony; (2) whether the use of the felony-murder aggravating circumstance rendered the death penalty unconstitutional; (3) whether the jury instruction defining “reasonable doubt” was unconstitutional; (4) whether the jury instruction on first degree murder omitted an essential element of the offense; (5) whether he was denied the fundamental right to a unanimous jury verdict; (6) whether the jury instruction on expert testimony was unconstitutional; (7) whether the jury was unconstitutionally instructed on the effect of a verdict of not guilty by reason of insanity; (8) whether the jury instructions precluded full consideration of the defense of insanity; (9) whether the failure to instruct the jury about eligibility for parole was unconstitutional; (10) whether the jury instructions erroneously omitted information about the effect of a non-unanimous verdict; (11) whether he was denied effective review of the death sentence; (12) whether he was denied effective assistance of counsel at trial and on appeal, including the denial of entitlement to investigative funds; (13) whether electrocution constitutes cruel and unusual punishment; (14) whether he was unconstitutionally precluded from consulting with counsel during trial; (15) whether the death sentence unconstitutionally infringes upon his fundamental right to life; and (16) whether he was arrested without probable cause. We affirm the dismissal of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Bellew
Appellant Michael Bellew pled guilty in the Henry County Circuit Court to operating a motor vehicle in violation of the Motor Vehicle Habitual Offenders Act. As a Range I standard offender, Appellant received a sentence of two years in the Tennessee Department of Correction. In this direct appeal, he presents the following issue: whether his sentence is excessive. After a review of the record, we affirm the judgment of the trial court. |
Henry | Court of Criminal Appeals | |
Willie Claybrook v. State of Tennessee
The petitioner, Willie Claybrook, appeals the trial court's denial of post-conviction relief. In this appeal of right, two issues are presented for our review: (1) whether the petitioner was denied effective assistance of counsel; and (2) whether the trial court's order denying relief met the minimum statutory requirements. |
Gibson | Court of Criminal Appeals | |
Terry L. Bomar v. State of Tennessee - Order
This matter is before the Court upon the state’s motion to affirm the judgment of the trial court under Rule 20, Rules of the Court of Criminal Appeals. The case before this Court represents an appeal from the trial court’s denial of the petitioner’s petition for writ of habeas corpus. The record was filed on October 3, 1996, and the petitioner filed his brief on October 21, 1996. The petitioner was originally indicted on eight counts of aggravated rape and one count of rape in May 1984, and was convicted of rape in October 1984. In the present appeal, the petitioner, relying in part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged. |
Lake | Court of Criminal Appeals | |
James Lee Blair v. State of Tennessee - Order
This matter is before the Court upon the state’s motion to affirm the judgment of the trial court under Rule 20, Rules of the Court of Criminal Appeals. The case before this Court represents an appeal from the trial court’s denial of the petitioner’s petition for writ of habeas corpus. The record was filed on October 3, 1996, and the petitioner filed his brief on October 24, 1996. The petitioner was originally indicted for aggravated rape in January 1981, and was convicted of the same in May 1981. In the present appeal, the petitioner, relying in part upon State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App. June 20, 1996), contends the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged. |
Lake | Court of Criminal Appeals |