State of Tennessee v. Michael Rimmer
The Defendant, Michael Rimmer, was convicted by a Shelby County jury of first degree premeditated murder, first degree felony murder, and aggravated robbery. T.C.A. §39-13-202(1), (2) (Supp. 1998) (first degree murder), §39-13-402 (1997) (aggravated robbery). The trial court merged the felony murder conviction into the premeditated murder conviction. The jury sentenced the Defendant to death for the first degree murder conviction, and the trial court sentenced him to eighteen years for the aggravated robbery conviction and ordered it to be served consecutively to the sentence for the murder conviction. On appeal, the Defendant contends that: (1) the evidence is insufficient to support his convictions for first degree murder and aggravated robbery; (2) the trial court erred in denying his motion to dismiss the felony murder charge; (3) the trial court erred in denying his motion to suppress DNA evidence; (4) the trial court erred in not striking the State’s opening statement or declaring a mistrial based on a comment made by the State; (5) the trial court erred in admitting evidence of the Defendant’s prior convictions; (6) the trial court erred in limiting the testimony of William Baldwin; (7) the trial court erred in admitting a drawing of the backseat of the Honda the Defendant was driving when he was arrested; (8) the trial court erred in finding James Allard was unavailable and allowing his testimony from the previous trial to be entered into evidence; (9) the trial court erred in admitting hearsay testimony through witness Rhonda Bell; (10) the trial court erred in allowing Chris Ellsworth to display his scars to the jury; (11) the trial court erred in allowing hearsay testimony through witness Tim Helldorfer; (12) the trial court erred in limiting the testimony of Tim Helldorfer regarding a photograph identification and the release of the Honda from police custody; (13) the trial court erred in allowing Joyce Carmichael to testify about Tommy Voyles; (14) the trial court erred in admitting previous testimony of deceased or otherwise unavailable witnesses; (15) the trial court erred in admitting Richard Rimmer’s prior statement and related exhibits as substantive evidence; (16) the trial court erred in limiting the testimony of Kenneth Falk; (17) the trial court erred in limiting the testimony of Marilyn Miller; (18) the trial court erred in excluding documents relating to a lawsuit involving the Shelby County Jail; and (19) the trial court erred in applying an aggravating factor and imposing a consecutive sentence for the aggravated robbery conviction. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Billy Dean Sizemore v. State of Tennessee
The petitioner, Billy Dean Sizemore, appeals the denial of his petition for post-conviction relief, which petition challenged his 2012 conviction of delivery of a controlled substance, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of post-conviction relief. |
Lewis | Court of Criminal Appeals | |
Dialysis Clinic, Inc. Et Al. v. Kevin Medley, Et Al.
The owner of four contiguous properties filed unlawful detainer actions against the entities that were occupying the properties. The owner did not name as defendants the individual who signed the lease or his company. A year and a half after the cases were filed, the lessee moved to intervene, claiming that it was entitled to intervene pursuant to Tenn. Rs. Civ. P. 24.01 and/or 24.02 and that it was a necessary party pursuant to Tenn. R. Civ. P. 19.01. The trial court denied the lessee’s motion on the grounds of prior suit pending and timeliness. The lessee appealed. Because the court failed to address the lessee’s claim that it was a necessary party, we are unable to address that argument on appeal. We vacate the trial court’s judgment and remand the case for further proceedings. |
Davidson | Court of Appeals | |
State of Tennessee v. Anthony Humberto Cuevas
The defendant, Anthony Humberto Cuevas, appeals the Hamilton County Criminal Court’s decision imposing consecutive sentences for his guilty-pleaded convictions of aggravated burglary and theft of property valued at $60,000 or more but less than $250,000. Discerning no error, we affirm. |
Hamilton | Court of Criminal Appeals | |
Josiah Manual Davis v. Akira Hayes
The father has filed a notice of appeal from a final judgment entered on January 7, 2019. Because the father did not file his notice of appeal within thirty days after entry of the judgment as required by Tenn. R. App. P. 4(a), we dismiss the appeal. |
Franklin | Court of Appeals | |
In Re Raeshad B.
Nearly three years after a child was placed with them by an unlicensed child placing agency, the child’s guardians petitioned to terminate the parental rights of the child’s parents. The chancery court found two statutory grounds for termination: abandonment by willful failure to visit and abandonment by willful failure to support. The court also found that termination of parental rights was in the child’s best interest. Only the child’s mother appeals. We conclude that the evidence was less than clear and convincing as to each of the alleged statutory grounds. So we reverse the termination of mother’s parental rights. |
Sumner | Court of Appeals | |
In Re Raeshad B. - Concurring
I concur in the result reached in this very difficult case. Our holding that the record does not clearly and convincingly establish the grounds for termination means that we do not reach the question of what is in Raeshad’s best interest. The dismissal of the termination proceeding means that Mother and Raeshad retain the parent-child relationship and does not compel his return to her custody. Neither does it necessarily lead to the lack of involvement by the Guardians in his life; it is clear that Raeshad and the Guardians, along with their other children, have formed familial bonds. |
Sumner | Court of Appeals | |
Bendale Romero v. State of Tennessee
The petitioner, Bendale Romero, appeals the denial of his petition for post-conviction relief, which petition challenged his 2014 convictions of attempted first degree murder, employing a firearm during the commission of a dangerous felony, and aggravated assault on grounds that he was deprived of the effective assistance of counsel. Because the indictment was constitutionally deficient as to the charge of employing a firearm during the commission of a dangerous felony, we vacate that conviction but otherwise affirm the denial of post-conviction relief. |
Knox | Court of Criminal Appeals | |
John Vergos v. Randall Swaney
A private citizen initiated a proceeding in Shelby County Environmental Court to remove a billboard; the environmental court denied the petition, and the citizen appealed to Circuit Court. That court held that the citizen did not have standing to initiate the action and granted summary judgment to the billboard’s owner. The citizen appeals, contending that he has standing. The undisputed facts show that the Memphis and Shelby County Office of Construction Code Enforcement issued a citation to the billboard’s owner indicating that the billboard violated the Uniform Development Code, and initiated a proceeding in Shelby County General Sessions Court against the billboard owner, which was dismissed and no appeal was taken. We conclude that the fact that a proceeding to remove the billboard was initiated by the City deprives the citizen of standing to enforce the pertinent provisions of the Code himself. Accordingly, we affirm the judgment of the trial court granting summary judgment. |
Shelby | Court of Appeals | |
William Michael Grissom v. Nicole Xiomara Grissom
The trial court designated Father primary residential parent of the parties’ minor child, and adopted Father’s proposed parenting plan. Mother appeals. Because we conclude that the trial court’s order regarding the designation of the child’s primary residential parent does not contain sufficient findings of fact such that meaningful appellate review is possible, we vacate the order of the trial court and remand for further proceedings. |
Crockett | Court of Appeals | |
Ronald R. Lemonte, Jr. v. Elke Lemonte, Et Al.
The day before a hearing on a motion to dismiss for lack of prosecution was held, Plaintiff filed a notice of voluntary dismissal. Plaintiff did not appear at the hearing the following day. As such, the trial court granted the motion to dismiss and dismissed the case with prejudice. We reverse and remand for the entry of an order of dismissal without prejudice pursuant to Rule 41.01 of the Tennessee Rules of Civil Procedure. |
Montgomery | Court of Appeals | |
Stephen Simpson Et Al. v. William B. Simpson
Siblings appeal the trial court’s refusal to set aside a deed conveying real property from their decedent father to their brother. The siblings also appeal the trial court’s denial of their post-trial motion to consider purported newly discovered evidence. Discerning no error, we affirm. |
Loudon | Court of Appeals | |
Shane Maddox Bruce v. Carolyn Marsh Jackson Et Al.
The petitioner commenced this action in the Knox County Circuit Court (“trial court”), naming as respondents his mother, his brother, and a purported family trust. He alleged, inter alia, that his mother and brother had “brought about” the wrongful death of his father and had mishandled trust funds. Additionally, the petitioner requested “financial separation” from familial assets, a money judgment, and injunctive relief to freeze familial assets. Following a hearing, the trial court entered an order dismissing this action with prejudice upon finding that the trial court lacked jurisdiction because all parties involved in the matter resided in Campbell County and all acts forming the basis for the petitioner’s claims had occurred in Campbell County. The petitioner has appealed. We determine that although the trial court correctly found that it lacked subject matter jurisdiction, the court erred by dismissing this action with prejudice. We further determine that, pursuant to Tennessee Code Annotated § 16-1-116 (2009), this matter should be transferred to the court wherein jurisdiction lies. We therefore vacate the portion of the trial court’s judgment dismissing the case with prejudice and remand for entry of an order transferring this action to the Campbell County Circuit Court. |
Knox | Court of Appeals | |
Charles Stinson, Et Al. v. David E. Mensel, Et Al.
Charles Stinson and Glenda Stinson (“the Stinsons”) appeal the November 17, 2017 order of the Chancery Court for Hickman County (“the Trial Court”) expanding the injunctive relief granted in our Opinion in Stinson v. Mensel, No. M2016-00624-COA-R3-CV, 2017 WL 2972219 (Tenn. Ct. App. July 12, 2017), no appl. perm. appeal filed. We find and hold that the Trial Court lacked the authority to modify or revise the injunction entered by this Court in the first appeal of this case. We, therefore, vacate the portion of the Trial Court’s November 17, 2017 order modifying the injunction. |
Hickman | Court of Appeals | |
State of Tennessee v. Telvin Toles
Defendant, Telvin Toles, was convicted by a Shelby County jury of one count of felony murder. On appeal, Defendant argues that the trial court erred by refusing to instruct the jury on self-defense and voluntary manslaughter; that the evidence is insufficient to support his conviction; that the trial court abused its discretion in ruling on the admissibility of certain photographs; that the trial court erred by allowing additional security officers to sit behind Defendant throughout the trial; that the trial court erred in overruling Defendant’s objections to certain questions asked by the State; and that the trial court erred in allowing expert testimony when the full ballistics report had not been produced during discovery. Upon our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Derius Pettis
A Shelby County Criminal Court Jury convicted the Appellant, Derius Pettis, of one count of attempted voluntary manslaughter, a Class D felony; one count of employing a firearm during the attempt to commit a dangerous felony, a Class C felony; one count of reckless aggravated assault, a Class D felony; and three counts reckless endangerment, a Class E felony. After a sentencing hearing, he received an effective twenty-year sentence. On appeal, the Appellant contends that the evidence is insufficient to support the convictions and that the trial court erred by refusing to instruct the jury on duress and defense of a third person. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Jennifer Ann Spergl v. Stephen Phillip Spergl
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Williamson | Court of Appeals | |
Ameenah House v. Amazon.Com, Inc.
An employee filed workers' compensation claims against her employer for alleged workrelated back and leg injuries. The Court of Workers' Compensation Claims (the trial court) ruled against the employee, finding that the employee failed to show that her alleged injuries were work-related. The Workers' Compensation Appeals Board affirmed the trial court's decision. The employee appealed. This appeal was referred to the Special Workers' Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law under Tennessee Supreme Court Rule 51. After careful consideration, we affirm the judgment of the Appeals Board and adopt its opinion as set forth in the attached Appendix. |
Hamilton | Supreme Court | |
State of Tennessee v. Keith Lamont Brown aka "Kee Kee"
The Defendant, Keith Lamont Brown, appeals his conviction for the delivery of 0.5 grams or more of cocaine for which he received a sentence of twenty-five years as a persistent offender. On appeal, the Defendant contends that the evidence is insufficient to support his conviction. Upon reviewing the record and the applicable law, we affirm the judgment of the trial court. |
Tipton | Court of Criminal Appeals | |
Diane Drain Shackelford v. Jerry Robert Shackelford
In a case involving a long-term marriage, the trial court found that the husband performed most of the household duties and the wife earned most of the income. Moreover, the husband’s earning capacity was substantially less than that of the wife at the time of the divorce. The trial court denied the husband’s request for alimony, and the husband appealed. We conclude that the trial court erred in failing to award the husband alimony and reverse and remand that part of the trial court’s decision. |
Rutherford | Court of Appeals | |
Ameenah House v. Amazon.Com, Inc.
An employee filed workers’ compensation claims against her employer for alleged work-related back and leg injuries. The Court of Workers’ Compensation Claims (the trial court) ruled against the employee, finding that the employee failed to show that her alleged injuries were work-related. The Workers’ Compensation Appeals Board affirmed the trial court’s decision. The employee appealed. This appeal was referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law under Tennessee Supreme Court Rule 51. After careful consideration, we affirm the judgment of the Appeals Board and adopt its opinion as set forth in the attached Appendix. |
Workers Compensation Panel | ||
Sara Elizabeth Arnold v. State of Tennessee
In 2017, the Petitioner, Sara Elizabeth Arnold, pleaded guilty to aggravated assault in exchange for an agreed eight-year sentence and the dismissal of an attempted first degree murder charge she also faced. The Petitioner filed a petition for post-conviction relief, alleging that her guilty plea was not knowingly and voluntarily entered because she was mentally incompetent and her trial counsel was ineffective for failing to have her mental condition evaluated. The post-conviction court denied the petition, finding that she had undergone two mental evaluations that concluded she was competent prior to entering her plea. On appeal, the Petitioner contends that the mental evaluations conducted on her were not proper assessments of her mental state and asks this court to obtain a copy of her institutional record. After review, we reverse the post-conviction court’s judgment. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. John Steven Hernandez
In 2013, a Davidson County jury convicted the Defendant, John Steven Hernandez, of first degree premeditated murder for a killing that occurred in 1993, for which the trial court imposed a sentence of life in prison. On appeal, the Defendant contends that the trial court erred when it: (1) did not dismiss the charge against him based on pre-indictment delay; (2) did not dismiss the charge against him based on post-indictment delay; (3) denied his motion to suppress evidence; (4) made several erroneous evidentiary rulings; and that (5) the evidence is insufficient to sustain his conviction; and that (6) the Defendant is entitled to a new trial based upon the cumulative effect of the errors. After review, we affirm the trial court’s judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Ronnie Joe Edwards, Jr.
The defendant, Ronnie Joe Edwards, Jr., appeals the order of the trial court revoking his probation and ordering him to serve his original five-year sentence in confinement. Upon review of the record, we conclude the trial court did not abuse its discretion in finding the defendant violated the terms of his probation and the imposed sentence is proper. Accordingly, the judgment of the trial court is affirmed. |
Tipton | Court of Criminal Appeals | |
Christopher Danta Logan v. State of Tennessee
The Petitioner, Christopher Danta Logan, appeals the Tipton County Circuit Court’s summary dismissal of his pro se petition for |
Tipton | Court of Criminal Appeals |