State of Tennessee v. Donald Mullins
The defendant appeals his conviction for theft of property, contending that the evidence failed to establish that he took the property without the owner's effective consent. However, upon review, we conclude that the evidence was sufficient to support the verdict and affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
Willie Johnson v. Corrections Corporation of America
An inmate incarcerated in a prison operated by Corrections Corporation of America sued the corporation for damages arising from its alleged failure to provide him with proper dental care while he was in its custody. The defendant filed a motion to dismiss for improper venue and/or for untimeliness. The trial court granted the motion and dismissed the case with prejudice, but did not state the reason for its decision. We affirm the trial court because the one-year statute of limitations had passed before the plaintiff filed his complaint. |
Davidson | Court of Appeals | |
State of Tennessee v. Larry Ballentine
The appellant, Larry Ballentine,1 was convicted by a jury in the Wayne County Circuit Court of possession of a Schedule III controlled substance with the intent to sell. He received a sentence of six years incarceration in the Tennessee Department of Correction. On appeal, the appellant contests the sufficiency of the evidence supporting his conviction and the trial court's evidentiary rulings on impeachment evidence. Upon our review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Wayne | Court of Criminal Appeals | |
Allison Lyn Simmons v. Richard Lee Simmons
Both parties appeal aspects of the final divorce decree. Husband contends the trial court erred by awarding wife transitional alimony in excess of his ability to pay and in excess of her need. Wife raises six issues, contending she should have been granted the divorce due to his abuse; that child support should be increased; that she should be awarded the tax deductions for all three children; that she should be named trustee of life insurance for the benefit of the children; and that husband should pay her attorney fees at trial and on appeal. We affirm the trial court in all respects but one, finding the transitional alimony was set at an amount greater than husband's ability to pay. |
Robertson | Court of Appeals | |
Larry Dotson v. State of Tennessee, Ricky Bell, Warden - Dissenting
For the reasons stated herein, I respectfully dissent from the majority’s conclusion. I further wish to express concerns over a recurring anomaly with which we are faced. An ever-increasing number of incarcerated inmates are filing habeas corpus petitions in reliance upon the holding in McLaney v. Bell, 59 S.W.3d 90 (Tenn. 2001). These petitioners complain that their sentences are illegal, as they were required to be sentenced consecutively rather than concurrently. In the instant case, the petitioner received an effective sentence of twenty years but complains that he should have received a sentence of at least twenty-three years. At the time of his guilty plea, he was facing a sentence of forty-three years minimum, if all sentences ran consecutively. I fail to understand how the petitioner is aggrieved by the agreed sentence. |
Davidson | Court of Criminal Appeals | |
Larry Dotson v. State of Tennessee, Ricky Bell, Warden
The petitioner, Larry Dotson, appeals from the lower court’s summary dismissal of his pro se petition for writ of habeas corpus. Following our review of the parties’ briefs and applicable law, we reverse the court’s dismissal of the petition and remand for further proceedings consistent with this opinion. |
Davidson | Court of Criminal Appeals | |
Ronnie Finch v. State of Tennessee
The petitioner, Ronnie Finch, was convicted by a jury of facilitation of first degree murder, two counts of attempted first degree murder and two counts of aggravated assault. As a result, the petitioner was sentenced to a total of forty-nine years in incarceration. The petitioner's convictions and sentence were affirmed by this Court on appeal. See State v. Frank E. Huey, et al, No. M2000-02793-CCA-R3-CD, 2002 WL 517132 (Tenn. Crim. App. at Nashville, Apr. 5, 2002), perm. app. denied, (Tenn. Oct. 14, 2002). The petitioner subsequently filed a pro se petition for post-conviction relief, alleging inter alia ineffective assistance of counsel. After an evidentiary hearing, the post-conviction court denied the petition. On appeal, the petitioner challenges the post-conviction court's denial of the petition. For the following reasons, the judgment on post-conviction petition is reversed; the judgment of acquittal is entered; and verdicts of guilt are vacated and dismissed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Kervin Mercel Collins - Dissenting
The majority concludes that the trial court committed reversible error by failing to grant a mistrial. I respectfully dissent. The majority opines that trial counsel’s overreaching remarks made during his opening statement, informing the jury that it was the victim who first struck the defendant, so tilted the scales of justice as to require the granting of a mistrial for reasons of manifest necessity. See generally Millbrooks, 819 S.W.2d at 443; Zimmerman, 823 S.W.2d at 226. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Kervin Mercel Collins
The defendant, Kervin Collins, was involved in an altercation with his father, the victim. The defendant hit the victim several times with a shovel. After an indictment for aggravated assault, a Davidson County jury found the defendant guilty as charged. The trial court sentenced the defendant to five years as a Range I standard offender, and the defendant appealed. We reverse the judgment of the trial court with regard to the denial of the defendant’s motion for mistrial and remand for a new trial. |
Davidson | Court of Criminal Appeals | |
Richard L. Howell, Jr., v. State of Tennessee
Petitioner, Richard Howell, appeals the dismissal of his petition for post-conviction relief which alleged that his trial counsel rendered ineffective assistance of counsel. Specifically, Petitioner contends that trial counsel's assistance was ineffective for failure to object to the admission of certain evidence at trial. After a thorough review of the record, we conclude that Petitioner has failed to show that he was prejudiced by any deficiencies in his trial counsel's performance and affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Freddy Lee Parrish, Jr. v. David Mills, State of Tennessee
The Petitioner, Freddy Lee Parrish, Jr., appeals the trial court’s denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The State’s motion is granted. The judgment of the trial court is affirmed. |
Lauderdale | Court of Criminal Appeals | |
Pamela C. Lichtenwalter v. Chris Edward Lichtenwalter
This appeal illustrates the problems that befall divorcing parents when they agree, without court approval, to a child support arrangement that is inconsistent with the Child Support Guidelines. Five years after the parents' divorce, the mother filed a petition in the Circuit Court for Davidson County seeking to increase the father's child support obligation. The trial court approved a formula devised by the parties that did not comply with the Child Support Guidelines. The parties later ignored that formula and followed another ad hoc arrangement for approximately ten years. Eventually, the mother filed a petition in the trial court seeking to hold the father in contempt for failing to pay child support and to collect the arrearage. The trial court turned the matter over to a substitute judge who determined that the father was not in contempt because both parties had followed their formula to the best of their abilities even though it was ambiguous. The trial court also set the father's support for the remaining minor child and directed the father to pay $2,375 in additional support for that child. The mother appealed. We have determined that the father owes $64,529 in back child support and that the parties' three children are entitled to this arrearage. Therefore, we vacate the portion of the judgment regarding back child support and remand the case for the entry of an appropriate payment plan. |
Davidson | Court of Appeals | |
State of Tennessee v. Alfonzo Thomas Peck
A Hamilton County jury convicted the defendant, Alfonzo Thomas Peck, of two counts of aggravated rape (a Class A felony), and the trial court sentenced him as a repeat violent offender to concurrent sentences of life without the possibility of release. On direct appeal, the defendant raises multiple issues for our review, including the sufficiency of the evidence, challenges to the admission of a prior conviction, a limiting instruction, and sentencing. Upon review, we conclude that the trial court erred in allowing the defendant to be cross-examined regarding his prior conviction of aggravated rape. However, given the overwhelming proof of the defendant's guilt notwithstanding the conviction, we further conclude that the error was harmless. Moreover, we find no error in the balance of the issues presented. Therefore, we affirm. |
Hamilton | Court of Criminal Appeals | |
Joel T. Shuman v. Sharon Louise Alder Shuman
After the divorce where the wife was awarded alimony for two years, the wife petitioned the Court for alimony in futuro, which the Trial Court granted. On appeal, we affirm. |
Knox | Court of Appeals | |
State of Tennessee v. William G. Arterburn
A Hamblen County Criminal Court jury convicted the defendant, William G. Arterburn, of driving under the influence, second offense ("DUI"), a Class A misdemeanor, and driving on a revoked license, a Class B misdemeanor, and the trial court sentenced him to eleven months and twenty-nine days for the DUI and six months for the driving on a revoked license, ordering the defendant to serve fifty percent of his sentence in incarceration. The defendant appeals, claiming that the evidence is insufficient and that a rebuttal witness violated Rule 615 of the Tennessee Rules of Evidence, thereby denying him a fair trial. We affirm the judgments of the trial court. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Al M. Williams
The defendant was convicted of attempted second degree murder and sentenced as a Range II, multiple offender to confinement for nineteen years to be served consecutively to two prior sentences. In his appeal, he argues that the trial court erred in allowing hearsay testimony as to the desire of one of the witnesses, prior to the incident, to leave the house where the offense occurred, and that the evidence is insufficient to sustain the conviction. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Rahim Al Zarkani v. David G. Mills, State of Tennessee
The Petitioner, Rahim Al Zarkani, appeals the trial court’s denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The State’s motion is granted. The judgment of the trial court is affirmed. |
Lauderdale | Court of Criminal Appeals | |
John W. Foster v. Gallagher-Basset Insurance, et al.
This workers’ compensation appeal has been referred to the Special Workers’ Compensation |
Wilson | Workers Compensation Panel | |
Curtis Lee Cantrell v. Jami Lynn Cantrell
This appeal arises from a divorce case. After ten years of marriage, the husband filed a divorce complaint in the Chancery Court for Lincoln County. Even though both parties sought to be the primary residential parent prior to the trial, the court placed the children in the husband's custody after the wife attempted suicide. After conducting a bench trial, the court designated the father as the primary residential parent and granted the mother unsupervised visitation. On this appeal, the mother asserts that the trial court erred with regard to the custody of the children and the division of marital assets. She also insists that the trial court erred by holding her in criminal contempt. While we reverse the trial court's finding that the mother was in criminal contempt, we affirm the court's decisions regarding custody and the division of the marital estate. |
Lincoln | Court of Appeals | |
State of Tennessee v. Norman Kyle Lewis
The Appellant, Norman Kyle Lewis, was convicted by a Washington County jury of attempted first degree murder and was sentenced as a Range I standard offender to twenty-five years in the Department of Correction. On appeal, Lewis argues that the evidence is insufficient to support his conviction. After review of the record, we conclude that the convicting evidence was legally sufficient. Accordingly, the judgment of conviction is affirmed. |
Washington | Court of Criminal Appeals | |
Tim Holt v. State of Tennessee
The Appellant, Tim Holt, appeals the judgment of the Hancock County Criminal Court denying post-conviction relief. Holt was convicted of first degree murder and sentenced to life imprisonment. On appeal, Holt argues that he was denied his Sixth Amendment right to the effective assistance of counsel. After review, the judgment of the post-conviction court is affirmed. |
Hancock | Court of Criminal Appeals | |
Michael Sims v. Brenda Williams
The trial court found a divorced father guilty of criminal contempt and sentenced him to ninety days in jail after a hearing on the mother's petition for contempt at which the father failed to appear. We reverse because the father did not receive notice of the contempt proceedings sufficient to meet the requirements of Rule 42 of the Tennessee Rules of Criminal Procedure. |
White | Court of Appeals | |
Michael Lynn Younger v. State of Tennessee
Appellant, an inmate who was housed in a prison operated by a private prison operating company, filed a claim against the State for medical malpractice with the Claims Commission pursuant to T.C.A. § 9-8-307. The Claims Commission dismissed the claim for lack of jurisdiction because the treating physicians and staff allegedly responsible for the injuries to Appellant were not “state employees,” as defined by T.C.A. § 8-42-101(3)(A). We affirm. |
Davidson | Court of Appeals | |
William Wiley v. State of Tennessee
We granted the applications for permission to appeal filed by the State of Tennessee and the petitioner to determine 1) whether State v. Burns, 6 S.W.3d 453 (Tenn. 1999), which clarified the analysis for determining lesser-included offenses, created a new constitutional rule that must be applied retroactively to post-conviction cases, 2) whether the petitioner was entitled to post-conviction relief under the DNA Relief Act, and 3) whether the petitioner was denied his right to the effective assistance of counsel at trial. The trial court and the Court of Criminal Appeals granted a new trial as to the petitioner's felony murder conviction because the jury had not been charged on the lesser-included offense of second degree murder but denied post-conviction relief as to the petitioner's conviction for especially aggravated robbery. After due consideration, we conclude 1) that State v. Burns did not create a new constitutional rule that must be retroactively applied to post-conviction cases, 2) that the petitioner was not entitled to a new trial or other relief based on DNA results, and 3) that the petitioner was denied his constitutional right to effective assistance of counsel. Accordingly, the judgment of the Court of Criminal Appeals is reversed, and the case is remanded for a new trial on felony murder and especially aggravated robbery. |
Davidson | Supreme Court | |
Don Daugherty v. Sony Electronics, Inc., et al. - Concurring
I concur in the opinion authored by Judge Swiney to the extent that it affirms the trial court’s dismissal of the plaintiff’s claims based upon breach of express warranty, breach of implied warranty, unjust enrichment, and money had and received. I also concur that the plaintiff’s Tennessee Consumer Protection Act (“the TCPA”) claims are not subject to dismissal at this stage of the proceedings. I write separately to express my opinion that many of the plaintiff’s morespecific allegations pertaining to his general allegation of “unfair and/or deceptive acts or practices” under the TCPA appear to fall within the “loose general praise of wares sold” referred to in Restatement (Second) of Torts § 402B. See also Ladd v. Honda Motor Co., Ltd., 939 S.W.2d 83, 100 (Tenn. Ct. App. 1996). For example, I believe a reference to one’s product as “superior” in an advertisement or other writing is nothing more than a statement of the seller’s opinion as to the worth of its product. How does one measure whether a product is superior or not? For example, it may be superior in one aspect but not in another. If a company’s DVD player emits a sound that is rated better by independent experts when compared to the products of others; but has a lower rating in the same competition from a mechanical standpoint, should a jury be permitted to speculate as to which quality the company was touting when it referred to its product as “superior”? I think not. “Superior,” like beauty, is in the eyes of the beholder. |
Knox | Court of Appeals |