State of Tennessee vs. Ricco R. Williams
A Lauderdale County Circuit Court jury convicted the defendant, Ricco R. Williams, of five counts of especially aggravated kidnapping, one count of aggravated burglary, two counts of aggravated robbery, one count of employing a firearm during the commission of a dangerous felony having been previously convicted of a felony, and one count of unlawful possession of a firearm by a convicted felon. The trial court imposed an effective sentence of 72 years’ incarceration. On appeal, the defendant challenges the sufficiency of the convicting evidence and also contends that the jury was exposed to prejudicial information during voir dire and that the imposition of partially consecutive sentences violated his Sixth Amendment right to a trial by jury. Because the trial court committed plain error by failing to require the State to elect a predicate felony for the defendant’s conviction under Code section 39-17-1324 and because 39-17-1324(c) precludes the defendant’s conviction when the underlying dangerous felony is aggravated kidnapping or especially aggravated kidnapping as charged in this case, the defendant’s convictions in counts seven and ten are reversed, and those charges are remanded for a new trial on the offense of employing a firearm during the commission of an aggravated burglary. Because principles of double jeopardy preclude dual convictions for the aggravated robberies of Mr. and Ms. Currie, the defendant’s conviction of the aggravated robbery of Ms. Currie is reversed and modified to a conviction of the lesser included offense of aggravated assault. Because the evidence was insufficient to support the defendant’s conviction of unlawful possession of a firearm by a convicted felon, that conviction is reversed, and the charge is dismissed. The defendant’s convictions of and sentences for especially aggravated kidnapping, aggravated burglary, and the aggravated robbery of Mr. Currie are affirmed. |
Lauderdale | Court of Criminal Appeals | |
James T. (Tom) Higdon v. State of Tennessee, et al.
The State of Tennessee Department of Revenue rendered an assessment against James T. Higdon (“Higdon”) for certain business taxes owed. Higdon, challenging the actions taken by the department, sued the State of Tennessee; Commissioner Richard Roberts of the Department of Revenue; and, M. Bernadette Welch of the Department of Revenue (“the Defendants,” collectively), in the Chancery Court for Campbell County (“the Trial Court”). The Defendants filed a motion to dismiss, which the Trial Court granted. The Trial Court held, among other things, that it lacked subject matter jurisdiction to hear the case as Higdon had not satisfied the statutory requirements for seeking relief regarding state tax claims. Higdon appeals to this Court. We affirm the judgment of the Trial Court in its entirety. |
Campbell | Court of Appeals | |
State of Tennessee v. James D. Morgan
The defendant, James D. Morgan, appeals the revocation of the probationary sentence imposed for his Hamilton County Criminal Court conviction of vandalism. Discerning no error, we affirm. |
Hamilton | Court of Criminal Appeals | |
Stephen S. Patterson, II v. Suntrust Bank, East Tennessee
This case was filed pursuant to the Electronic Funds Transfer Act. Customer sought reimbursement from Bank for unauthorized transactions made using a debit card linked to his account. Bank limited reimbursement to the transactions that occurred prior to and within 60 days of the transmittal of the bank statement that revealed the first unauthorized transaction. Customer filed suit. The trial court upheld Bank’s denial of recovery, finding that Customer’s failure to review his bank statements resulted in losses beyond the 60-day time period. Customer appeals. We affirm the decision of the trial court. |
Blount | Court of Appeals | |
Barry C. Melton v. Arvil "Butch" Chapman, Warden
The petitioner, Barry C. Melton, appeals the Wayne County Circuit Court’s summary dismissal of his petition for the writ of habeas corpus in which he challenged the legality of the sentences imposed for his Sevier County Criminal Court guilty-pleaded convictions of aggravated sexual battery. We reverse the habeas corpus court’s rejection of all forms of habeas corpus relief and hold that the petitioner is entitled to have his illegal sentences corrected. The habeas corpus court, however, correctly ruled that the petitioner failed to establish a basis for withdrawing his guilty pleas. We do not reach the issue whether the 2009 amendments to Tennessee Code Annotated section 29-21-101 violate Article I, section 15, and/or Article II, section 2, of the Tennessee Constitution. Accordingly, the judgment of the habeas corpus court is reversed in part and affirmed in part. |
Wayne | Court of Criminal Appeals | |
Curtis Keller v. State of Tennessee
The Petitioner, Curtis Keller, appeals the Circuit Court of Lauderdale County’s denial of his pro se petition for writ of habeas corpus. The State has filed a motion requesting that this Court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court. |
Lauderdale | Court of Criminal Appeals | |
In Re Madilene G. R.
The biological father of the child at issue appeals the termination of his parental rights and the dismissal of Father and Step-Mother’s petition for custody and counter-petition for stepparent adoption. The petition for termination was filed by the partial guardians who were seeking to adopt the minor child. The trial court determined that there was clear and convincing evidence that Father willfully failed to support the mother for the four months prior to the birth of the child and willfully failed to support the child for the four months prior to the filing of the petition. The trial court also found that termination was in the best interest of the child. We have determined that one ground for abandonment was established by clear and convincing evidence, however, we have also determined that the evidence does not clearly and convincingly demonstrate that termination of Father’s parental rights is in the child’s best interest. Accordingly, we reverse the termination of Father’s parental rights. We have also determined the trial court erred in dismissing Father and Step-Mother’s petition for custody and counter-petition for step-parent adoption and remand this issue for further proceedings consistent with this opinion. The judgment of the trial court is affirmed in part, reversed in part, and this matter is remanded for further proceedings consistent with this opinion. |
Rutherford | Court of Appeals | |
In Re Madilene G. R. - Concur
I concur in the reversal of the trial court’s termination of Father’s parental rights. However, it is my opinion that the Guardians failed to prove by clear and convincing evidence that Father willfully failed to support the child in the four months prior to the filing of the petition. The evidence set out in the majority opinion does not, in my opinion, meet the Constitutionally required standard |
Rutherford | Court of Appeals | |
Creekside Partners v. Albert Nathan Scott et al.
This is an action to recover damages for breach of a commercial lease from an individual whom the lessor claims guaranteed the obligations of the corporate tenant. The only issue on appeal is whether the individual defendant signed the lease solely in his capacity as the president of and on behalf of the corporate tenant, or whether the parties also intended to bind the individual defendant as a guarantor of the tenant’s obligations. The trial court distinguished the facts of this case from those in the recent Tennessee Supreme Court decision in 84 Lumber Co. v. Smith, 356 S.W.3d 380 (2011), and summarily dismissed the claims against the individual defendant. We affirm. |
Davidson | Court of Appeals | |
In Re: Pauline Martin, Deceased
Edith M. Ramsey and Mary E. Horton filed a petition seeking a declaratory judgment with regard to the interpretation of the Last Will and Testament of Pauline Martin (“the Will”). Specifically, Ms. Ramsey and Ms. Horton sought an order establishing the location and width of a right-of-way granted in the Will. After a trial, the Trial Court entered its judgment on October 11, 2011 finding and holding, inter alia, that the right-of-way referenced in the Will was a farm road with a width of twelve feet as shown on an August 25, 2009 survey. Charles E. Martin, another beneficiary under the Will, appeals to this Court. We find and hold that the right-of-way referenced in the Will is not the farm road, but is what is referred to as the Ramsey right-of-way as shown on the August 25, 2009 survey, and we reverse the Trial Court’s judgment as to the location. We affirm the remainder of the Trial Court’s judgment. |
Hancock | Court of Appeals | |
Willis Benjamin Willocks v. Irene Ward Willocks
In this action for divorce the Chancery Court of Jefferson County awarded the parties a divorce, divided the marital property and awarded the wife alimony in futuro. On appeal, both parties attack the appropriateness of the alimony award. The wife also asserts that the court erred in classifying one asset as the husband’s separate property. We affirm. |
Jefferson | Court of Appeals | |
Octavis Arnold v. Cherry Lindamood, Warden
The Petitioner, Octavis Arnold, pro se, appeals the Hardeman County Circuit Court’s dismissal of his petition for a writ of habeas corpus from his 2006 convictions for robbery and his resulting effective eight-year sentence. The Petitioner contends that the trial court erred by summarily dismissing his habeas corpus claim that he was denied pretrial jail credit. We affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
Terrance Rose v. State of Tennessee
The petitioner, Terrance Rose, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of counsel due to counsel’s failure to properly communicate with him and to prepare him to testify at trial. Following our review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ryan James Howard
The Defendant, Ryan James Howard, was convicted by a Washington County Criminal Court jury of second degree murder, a Class A felony, and voluntary manslaughter, a Class C felony. See T.C.A. §§ 39-13-210, -211 (2010). He was sentenced to consecutive terms of twenty years for second degree murder and five years for voluntary manslaughter. On appeal, he contends that (1) the evidence is insufficient to support his convictions and that the trial court erred in (2) allowing hearsay testimony into evidence; (3) allowing unauthenticated recordings of telephone calls into evidence; and (4) sentencing him to an effective twenty-five years’ confinement. We affirm the judgments of the trial court. |
Washington | Court of Criminal Appeals | |
Anthony M. Jordan v. Whirlpool/Jackson Dishwashing Products
An employee alleged an injury to his shoulder caused by repetitive work activity. His employer denied the employee’s workers’ compensation claim because the initial report of the injury and early medical records described only injuries to the employee’s hand and wrist. The trial court found that the shoulder injury was compensable and awarded workers’ compensation benefits. The employer appealed, arguing that the evidence preponderates against the trial court’s findings on the issues of causation and notice. After reviewing the record and considering the employer’s arguments, we affirm the judgment of the trial court. |
Madison | Workers Compensation Panel | |
Latosha Read v. Hill Services, Inc., et al.
An employee was found dead at a job site, and his widow made a claim for workers’ compensation death benefits. The claim was denied by his employer. A trial court found that the widow did not sustain her burden of proving that her husband’s death was caused by his employment and entered judgment in favor of the employer. The widow has appealed, contending that the evidence preponderates against the trial court’s finding. We affirm the judgment of the trial court. |
Shelby | Workers Compensation Panel | |
Terry Flatt v. ERMC
An employee sought reconsideration of his workers’ compensation settlement after his position was terminated due to a reduction in workforce. His employer subsequently offered employment to the employee on two occasions after his termination. His employer contended that the employee did not have a loss of employment. The trial court found that the employee was eligible for reconsideration and awarded additional benefits. The employer has appealed, contending that the trial court erred by finding that the employee was eligible for reconsideration. In the alternative, the employer contends that the trial court’s award was excessive. We affirm the judgment of the trial court. |
Madison | Workers Compensation Panel | |
Eric Thomas v. State of Tennessee
The Petitioner, Eric Thomas, appeals the Circuit Court of Lake County’s denial of his pro se petition for writ of habeas corpus. The State has filed a motion requesting that this Court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Thomas James Heffner
The defendant, Thomas James Heffner, appeals the revocation of the community corrections sentence imposed for his Hamilton County Criminal Court conviction of theft of property valued at $10,000 or more but less than $60,000. Discerning no error, we affirm. |
Hamilton | Court of Criminal Appeals | |
Tom Perry Bell v. State of Tennessee
The petitioner, Tom Perry Bell, appeals the summary dismissal of his petitions for post-conviction relief, wherein he challenged his 1983 conviction of petit larceny and his 1978 conviction of receiving stolen property. Because the petitions are time-barred and because the petitioner failed to establish grounds for tolling the statute of limitations for filing a petition for post-conviction relief, we affirm the judgments of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
Raymond Darryl Young v. Bridgestone Americas Tire Operations, LLC
In this workers’ compensation appeal, the employee injured his right shoulder in the course of his employment in July 2009. He missed only a few days of work and reached maximum medical improvement in August 2010. Prior to his reaching maximum medical improvement, a collective bargaining agreement reduced the hourly wages of all of the employer’s production workers. The trial court held that he had a meaningful return to work, thereby limiting his award of benefits to one and one-half times the anatomical impairment in accordance with Tennessee Code Annotated section 50-6-241(d)(1)(A). The employee has appealed, contending that the trial court’s interpretation of the statute was erroneous.We affirm the judgment. |
Wilson | Workers Compensation Panel | |
State of Tennessee v. Jerry Kirkpatrick
The defendant was convicted of burglary and theft, both Class D felonies. The defendant was sentenced to two concurrent seven-year terms in the Department of Correction. On appeal, the defendant claims that the trial court erred by admitting evidence of the defendant’s participation in an additional burglary and by ordering him to serve his sentence in confinement. After review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Michael Wayne Davis
A Davidson County Criminal Court Jury convicted the appellant, Michael Wayne Davis, of attempted second degree murder and aggravated assault. The trial court merged the convictions and sentenced the appellant to nineteen years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his attempted second degree murder conviction, the trial court’s denial of his motion for continuance based upon an unavailable witness, the trial court’s admission of an alleged hearsay statement by a witness, and the trial court’s admission of his statement that was not timely disclosed during discovery. Upon review, we conclude that there is no error. The judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Stephanie Rena Holt
The defendant, Stephanie Rena Holt, after pleading guilty to various offenses, was granted probation and placed into the Williamson County Drug Court program, with a condition of probation being that she complete the program. While serving an initial seventy-day period of incarceration, she received write-ups for infractions of several jail rules, resulting in her termination from the drug court program. Following a revocation hearing, her probation was revoked because she had not completed the drug court program. On appeal, she argues that the trial court abused its discretion in revoking her probation and requiring that she be incarcerated for the remainder of her sentence. Following our review, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Dexter Cox
A Shelby County grand jury indicted appellant for first degree premeditated murder, first degree felony murder, attempted first degree murder, and especially aggravated robbery. A jury returned verdicts of guilty on both counts of first degree murder, the lesser-included offense of attempted second degree murder, and especially aggravated robbery, for which the trial court sentenced appellant to an effective sentence of life without the possibility of parole. Appellant challenges his convictions, claiming that his confession was the product of an illegal arrest and was involuntary. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals |