State of Tennessee v. Samantha Grissom Scott - dissenting
I dissent from the dismissal of this appeal. The majority contends that the certified question is not dispositive of the case because “even if the Defendant’s consent to search the home was constitutionally invalid and exigent circumstances did not exist, the evidence would have been inevitably discovered.” The majority rests its decision on the theory that the deputies could have obtained and executed a search warrant to search the Defendant’s home for the third-party arrestee, Dishman, which would have eventually revealed the drug-related evidence. I believe that the majority misapprehends the inevitable discovery doctrine in rejecting the certified question in this case. See United States v. Quinney, 583 F.3d 891, 894-95 (6th Cir. 2009) (reversing denial of motion to suppress evidence seized from defendant’s residence without a warrant based on misapplication of inevitable discovery doctrine after recognizing that finding the evidence admissible simply because the agents could have obtained a warrant would have totally obviated the warrant requirement); State v. Cothran, 115 S.W.3d 513, 525 (Tenn. Crim. App. 2003) (“Proof of inevitable discovery ‘involves no speculative elements but focuses on demonstrated historical facts capable of ready verification or impeachment.’”) (quoting Nix v. Williams, 467 U.S. 421, 444 n.5 (1984)). Applying the inevitable discovery doctrine, as the majority has done here, would render virtually every Fourth Amendment determination certified pursuant to Rule 37 meaningless. Regardless, based on this record, the inevitable discovery doctrine does not defeat the dispositive nature of the certified question in this case. |
Warren | Court of Criminal Appeals | |
Montez Deontay Ridley v. State of Tennessee
The Petitioner, Montez Deontay Ridley, was convicted by Davidson County jury of aggravated robbery and received a sentence of nine years’ imprisonment. State v. Montez Deontay Ridley, No. M2015-01607-CCA-R3-CD, 2017 WL 359091, at *1 (Tenn. Crim. App. Jan. 24, 2017)(no perm. app filed). He appeals from the denial of his petition for post-conviction relief, alleging ineffective assistance of trial counsel based on the failure to cross-examine the victim concerning his inconsistent description of the gun used in the robbery. Upon our review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Debra Lovelace, et al. v. Baptist Memorial Hospital-Memphis
Plaintiff filed a health care liability action against Defendant hospital following the death of Plaintiff’s husband in 2014. The trial court granted summary judgment to the hospital on two alternative, independent grounds: that the Plaintiff’s expert witness, a registered nurse, was not competent to testify as an expert witness, and that the expert witness failed to provide causation testimony as required to prove liability. Plaintiff appealed the trial court’s ruling about the competency of her expert witness, but she failed to raise the failure to provide causation testimony as an issue on appeal. As no argument was made to challenge a distinct ground for summary judgment, we consider the argument waived and affirm the trial court’s order granting summary judgment. |
Shelby | Court of Appeals | |
Jacqueline Graybill McSurley v. Michael Glen McSurley
This appeal arises out of a Final Decree of Divorce entered on June 19, 2019, and the denial of the husband’s post-judgment motions. Because the husband did not file his notice of appeal within the time required by Tenn. R. App. P. 4, we dismiss the appeal. |
Davidson | Court of Appeals | |
In Re Ronon G.
Mother appeals the termination of her parental rights to her two children on grounds of abandonment by failure to establish a suitable home, substantial noncompliance with permanency plans, and persistence of conditions. We conclude that two grounds were not applicable to Mother’s younger child because she was not removed from Mother’s home. Because at least one ground was supported by the evidence as to each child, and the evidence clearly and convincingly shows that termination is in their best interest, we affirm the overall termination of Mother’s parental rights as modified. |
Lewis | Court of Appeals | |
David Allen Binkley v. State of Tennessee
The Petitioner, David Allen Binkley, appeals the post-conviction court’s denial of his petition for post-conviction relief in which he challenged his guilty plea to aggravated robbery and his effective sentence of eight years with a release eligibility date of eighty-five percent. On appeal, the Petitioner alleges that he received ineffective assistance of counsel and that his guilty plea was not knowingly entered. After a review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. William Thomas Reed
The Defendant, William Thomas Reed, was convicted after a jury trial of attempted rape of a child, three counts of rape of a child, and two counts of sexual exploitation of a minor by electronic means, and he received an effective sentence of thirty-five years. The State’s evidence included DNA analysis, and after conviction, the Defendant requested but was denied post-conviction DNA analysis. On appeal, the Defendant asserts that the trial court erred in denying him a hearing on the admissibility of the DNA analysis technique used by the State’s expert, that the trial court erred in admitting the DNA evidence, and that the trial court erred in denying his motion for post-conviction DNA analysis and appointment of an expert witness. We conclude that the trial court did not abuse its discretion in admitting the evidence and that the Defendant did not establish the necessary criteria for post-conviction DNA analysis. Accordingly, the trial court’s judgments are affirmed. |
Montgomery | Court of Criminal Appeals | |
Jonathan Mitchell Grimes v. State of Tennessee
Petitioner, Jonathan Grimes, appeals from the denial of his petition for post-conviction relief, which sought relief from his conviction of aggravated sexual battery. On appeal, Petitioner asserts four claims of ineffective assistance of counsel: (1) trial counsels did not take reasonable steps to keep the State from presenting prejudicial allegations at trial that were not included in the indictment; (2) trial counsels failed to communicate a favorable plea and failed to actively seek out a favorable plea for Petitioner; (3) trial counsels failed to visit or take photos of the crime scene; and (4) trial counsels failed to present evidence of the victim’s medical history regarding her credibility. After reviewing the briefs and the record, we affirm the judgment of the post-conviction court. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Alejandro Avila-Salazar
Alejandro Avila-Salazar, Petitioner, appeals the dismissal of what the post-conviction court determined to be his second petition for post-conviction relief (the “2018 Petition”). The State concedes that the post-conviction court “improperly dismissed” the 2018 Petition and asks this court to remand the case to the post-conviction court for a ruling on Petitioner’s claims “based on the evidence received at the hearing already afforded.” We hold that the amended judgment of conviction correcting an illegal sentence in the original judgment by imposing a new, more punitive sentence that includes community supervision for life was a separate judgment for the purposes of Tennessee Code Annotated section 40-30-102, that the 2018 Petition presented an issue that had not been previously litigated, that the 2018 Petition was the first post-conviction challenge to the new judgment, and that the post-conviction court erred in finding the 2018 Petition was a second petition. We reverse and remand for a determination on the merits of the claims raised in the 2018 Petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Robert D. Cameron, III
Following a bench trial, Robert D. Cameron, III, Defendant, was convicted of driving under the influence (“DUI”) and DUI per se. On appeal, Defendant asserts that the trial court erred in denying his Motion to Suppress the video recording of his traffic stop, the blood test results, and the results of his field sobriety tests. The trial court found reasonable suspicion for the stop and probable cause for the ensuing arrest. Finding no error, we affirm. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Steven Dale Davidson, Jr.
The Defendant, Steven Dale Davidson, Jr., was convicted by a jury of voluntary manslaughter and vehicular homicide. Thereafter, the trial court merged the counts and imposed an effective ten-year sentence, to run consecutively to a previous sentence for which probation had been revoked due to the convictions in this case. On appeal, the Defendant contends that the trial court erred by excluding the complete police interview of a defense witness and in its consideration during sentencing of enhancement and mitigating factors. Upon review of the record and the applicable law, we affirm the judgments of the trial court. |
White | Court of Criminal Appeals | |
State of Tennessee v. John P. Russell
John P. Russell, Defendant, appeals the trial court’s denial of his “Motion to Receive Jail Credits and Time at Liberty.” Because Defendant’s Notice of Appeal was not timely filed and the interest of justice does not warrant waiver, we dismiss the appeal. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. G'Wayne Kennedy Williams aka Kenney Williams
The Defendant, G’wayne Kennedy Williams, a/k/a Kenney Williams, was convicted by a jury of three counts of rape, eight counts of rape of a child, three counts of aggravated statutory rape, three counts of statutory rape by an authority figure, three counts of sexual battery by an authority figure, eleven counts of incest, eight counts of aggravated sexual battery, and two counts of violating the sex offender registry. The trial court imposed an effective sentence of sixty-four years’ incarceration. On appeal, the Defendant argues (1) that the evidence was insufficient to support his convictions for rape and rape of a child; (2) that the trial court erred by admitting evidence of the Defendant’s prior bad acts; (3) that admission of the victim’s complete hospital record was improper given that the records contained hearsay statements and that the record was prepared for purposes of prosecution; (4) that the trial court erred by qualifying a witness as an expert in sexual assault nurse examination; (5) that the trial court erred by not declaring a mistrial after the State attempted to enter a recording of the victim’s forensic interview into evidence without having provided the interview to the defense before trial; (6) that the trial court erred by failing to sever the sex offender registry charges; and (7) that the trial court erred in its application of enhancement and mitigating factors in sentencing. Following a thorough review of the record, we conclude that the evidence is insufficient to support five counts of rape of a child, five counts of aggravated sexual battery, and five counts of incest. In addition, some of the convictions for incest, aggravated statutory rape, statutory rape by an authority figure, and sexual battery by an authority figure were improperly merged. We remand the case for resentencing and the entry of new judgments. In all other respects, we affirm the judgments of the trial court. |
Lauderdale | Court of Criminal Appeals | |
Sherrilyn Kenyon v. Kerrie Ann Plump, Et Al.
During a hearing on a party’s motion for a protective order, the trial court summarily found the party to be in contempt of court and sentenced her to spend ten days in jail after she described members in the gallery as pedophiles and abusers of her children. The party appealed, and we affirm the trial court’s judgment and sentence. |
Williamson | Court of Appeals | |
State of Tennessee v. Jeffrey Wooten
The Defendant-Appellant, Jeffrey Wooten, was convicted as charged by a Knox County jury of three alternative counts of first degree felony murder; first degree premeditated murder; two counts of especially aggravated burglary; especially aggravated robbery; two counts of aggravated robbery; two counts of attempted especially aggravated kidnapping; two counts of carjacking; two counts of evading arrest; two counts of employment of a firearm during the commission of a dangerous felony; aggravated burglary; and automobile theft, for which he received an effective sentence of life imprisonment without parole plus forty-eight years to be served in the Tennessee Department of Correction. In this appeal as of right, the Defendant contends that the trial court erred in admitting portions of a 911 call; that there was insufficient evidence to support the Defendant’s convictions; that the trial court erred in allowing evidence of an alleged offense in Georgia during the penalty phase; and that the trial court erred in imposing partial consecutive sentencing. Upon our review, we affirm the judgments of the trial court. However, we remand this case for entry of judgment forms for each count of the indictment. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Wooten - concurring opinion
I agree with all of Judge McMullen’s well-reasoned opinion except the determination that the trial court abused its discretion in allowing the audio recording of the 911 call to be played in its entirety before the jury. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Aaron Dale Dodson
The Defendant, Aaron Dale Dodson, was convicted by a jury of one count of first degree felony murder; one count of especially aggravated robbery, a Class A felony; and one count of aggravated kidnapping, a Class B felony. See Tenn. Code Ann. §§ 39-13-202, -304, -403. The trial court imposed an effective sentence of life imprisonment. On appeal, the Defendant contends that the evidence was insufficient to sustain his felony murder and especially aggravated robbery convictions. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Shalonda Weems
Shalonda Weems, Defendant, was indicted in a two-count indictment for aggravated child neglect and felony murder in connection with the starvation death of her six-month-old child. The jury found Defendant guilty of aggravated child neglect and reckless homicide. Defendant filed a Tennessee Rule of Criminal Procedure 29(e) Motion for Judgment of Acquittal (“the Motion”) as to both counts. Following a hearing, the trial court granted the Motion in part, set aside the guilty verdict for aggravated child neglect, and entered a judgment of acquittal. The court denied the Motion as to the reckless homicide verdict and entered a judgment of conviction. The State appeals claiming that the trial court erred in granting the Motion. After a thorough review of the record and applicable law, we affirm the trial court’s judgment of acquittal for aggravated child neglect. |
Davidson | Court of Criminal Appeals | |
Antonio M. Crockett v. State of Tennessee
The Petitioner, Antonio M. Crockett, appeals from the denial of his petition for post-conviction relief, wherein he challenged his jury conviction for first-degree felony murder. On appeal, the Petitioner alleges the following grounds of ineffective assistance of trial counsel: (1) failure to impeach a witness; (2) failure to assert a proper basis for severance pretrial or renew the motion to sever at trial; (3) failure to request a jury instruction; (4) failure to object to the State’s articulating multiple theories during its closing argument; (5) failure to object to the prosecutor’s inflammatory comments during the State’s rebuttal argument; (6) failure to develop and present evidence of the disproportionality of a mandatory life sentence. The Petitioner also argues that his mandatory life sentence is unconstitutional and that he was deprived of a fair trial on the basis of cumulative error. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Hill Boren Properties, et al. v. Ricky Lee Boren v. Tamara Hill, et al.
Third-party defendants in a lawsuit moved to disqualify the trial judge, asserting that the judge is a material witness in the case and demonstrated bias and prejudice against one of the parties in another case; the trial court denied the motion and the parties filed an expedited interlocutory appeal pursuant to Tennessee Supreme Court Rule 10B. Upon a thorough review of the petition for recusal appeal and supporting materials, we affirm the decision of the trial court denying the motion for recusal and remand for further proceedings. |
Madison | Court of Appeals | |
In Re O.W., Jr., et al.
Father appeals the termination of his parental rights, arguing that one ground for termination was not proven and that the trial court’s ruling as to that ground did not reflect its independent judgment and did not include sufficient findings of fact and conclusions of law. After a thorough review of the record, we affirm five grounds for termination and vacate the ground of failure to manifest an ability and willingness to parent the children. We also affirm the trial court’s finding that termination is in the child’s best interest. As such, we affirm the termination of Father’s parental rights. |
Shelby | Court of Appeals | |
Amanda Bliss Gricunas (Harmon) v. Andrew James Gricunas
In this post-divorce proceeding, the mother filed a petition to modify time sharing arrangements between the mother and the father with regard to the minor children of the parties. The parties have been divorced since 2010. The mother also requested a modification of the father’s child support obligation and asked that the father pay for onehalf of the children’s past and future medical expenses. |
Greene | Court of Appeals | |
In Re Mahaley P. Et Al.
This is the second appeal concerning the petition filed by the Tennessee Department of Children’s Services (“DCS”) in the Claiborne County Juvenile Court (“Juvenile Court”) to terminate the parental rights of Ed P. (“Father”) to the children, Mahaley P. and Morgan P. (“the Children”). During the first appeal as to Father, this Court reversed the statutory ground of substantial noncompliance with the permanency plan and remanded for the Juvenile Court to make additional findings of fact and conclusions of law related to the two remaining grounds and as relevant to the best interest analysis. See In re Mickeal Z., No. E2018-01069-COA-R3-PT, 2019 WL 337038 (Tenn. Ct. App. Jan. 25, 2019). On April 4, 2019, the Juvenile Court entered an order making additional findings of fact and conclusions of law. Father appeals the April 4, 2019 order of the Juvenile Court terminating his parental rights to the Children upon its determination that DCS had proven by clear and convincing evidence the statutory grounds of persistent conditions and failure to manifest an ability and willingness to assume custody of the Children and that the termination of Father’s parental rights was in the Children’s best interest. Discerning no error, we affirm. |
Claiborne | Court of Appeals | |
In Re Emma S.
In this parental termination case, the juvenile court found two statutory grounds for termination of a mother’s parental rights: substantial noncompliance with the requirements of the permanency plan and persistence of conditions. The juvenile court also found that termination of the mother’s parental rights was in her child’s best interest. Because the record contains clear and convincing evidence to support the grounds for termination and the best interest determination, we affirm. |
Hamilton | Court of Appeals | |
Trumaine Winters v. State of Tennessee
A Shelby County jury convicted the Petitioner, Trumaine Winters, of first-degree murder and aggravated robbery, and the trial court sentenced him to life in prison for the murder conviction plus twelve years for the robbery conviction. The Petitioner appealed his convictions and sentence to this court, and we affirmed the convictions but remanded for resentencing. State v. Trumaine Winters, No. W2007-00529-CCA-R3-CD, 2008 WL 2901616 (Tenn. Crim. App., at Jackson, July 24, 2008), perm. app. denied (Tenn. Apr. 13, 2015). The Petitioner filed a timely petition for post-conviction relief, alleging that his trial counsel was ineffective for improperly |
Shelby | Court of Criminal Appeals |