State of Tennessee vs. Tammy Bernice Davenport
The defendant, Tammy Bernice Davenport, appeals the Blount County Circuit Court’s revocation of her probation and subsequent sentencing. The defendant pled guilty in 2008 to the promotion of methamphetamine manufacture and received a ten-year sentence to be served on supervised probation. Following a prior revocation and reinstatement of her probation, a second violation warrant was issued alleging a violation based upon new charges and the use of intoxicants. Following a revocation hearing at which the defendant acknowledged her violations, the trial court revoked the defendant’s probation and ordered that her sentence be served in confinement. On appeal, the defendant contends that the trial court abused its discretion by ordering the defendant to serve the balance of her sentence in confinement. Following review, we find no abuse of discretion in the trial court’s actions as a defendant already on probation is not entitled to a second grant of an alternative sentence. Because we conclude no error occurred in this case and because the case has no precedential value, we affirm the judgment of the trial court in accordance with Rule 20 of the Tennessee Court of Criminal Appeals. |
Blount | Court of Criminal Appeals | |
Mary Lee Martin v. S. Dale Copeland
In this boundary line dispute, plaintiff sued defendant, the adjoining property owner, and defendant countersued. Each of the parties employed their own surveyors who testified at the trial, and the Trial Court ultimately established a boundary line between the parties. Defendant appealed to this Court. We affirm the Judgment of the Trial Court. |
Hamilton | Court of Appeals | |
State of Tennessee v. Joseph Dean Moore
The defendant, Joseph Dean Moore, appeals his conviction and sentence after being found guilty by a Cannon County jury on the charge of failure to appear, a Class E felony. On appeal, the defendant contends that the evidence is insufficient to support his conviction, arguing that his resolve to kill himself constituted a good, reasonable excuse for failing to appear at a legal proceeding. Further, he contends that the maximum sentence of four years, as a Range II offender, was excessive and that he should have been given an alternative sentence of probation. Concluding that no reversible error occurred upon this record, we affirm the judgment from the trial court. |
Cannon | Court of Criminal Appeals | |
State of Tennessee v. Georgia Ann Tate
Pursuant to a negotiated plea agreement Defendant, Georgia Ann Tate, pled guilty to three counts of the sale of less than 0.5 grams of cocaine, and received a sentence of five years for each count, to be served concurrently with each other. Also, pursuant to the plea agreement, she pled guilty to one count of sale of 0.5 grams or more of cocaine and received a sentence of eight years to be served consecutively to the other sentences, for an effective sentence of thirteen years. The manner of service of the effective sentence was agreed to be determined by the trial court. Other pending charges were dismissed. The trial court ordered the entire effective sentence to be served by incarceration. Defendant argues on appeal that the trial court erred by denying her an alternative sentence. We affirm the judgments of the trial court. |
Putnam | Court of Criminal Appeals | |
Barbara Jean Hooper Flynn v. Robert Dean Flynn
The trial court denied Husband’s petition to modify alimony upon finding he was voluntarily underemployed, and found him to be in civil contempt. We vacate the finding of voluntary underemployment, affirm the finding of contempt, and remand for further proceedings. |
Shelby | Court of Appeals | |
Scholastic Book Clubs, Inc. v. Reagan Farr, Commissioner of Revenue, State of Tennessee
The trial court determined that the Commissioner of Revenue’s assessment of sales and use taxes against out-of-state Plaintiff for sales to customers in Tennessee was not permitted under the Commerce Clause of the United States Constitution, and entered judgment in favor of Plaintiff. The Commissioner of Revenue appeals. We reverse and remand. |
Davidson | Court of Appeals | |
State of Tennessee v. Joshua David McBurnett
The Defendant, Joshua David McBurnett, pled guilty to five counts of statutory rape by an authority figure and three counts of incest, Class C felonies. See T.C.A. §§ 39-13-532, 39-15-302 (2010). The trial court sentenced the Defendant to four concurrent terms of four years’ confinement for two counts of statutory rape and two counts of incest, two concurrent terms of five years’ confinement for one count of statutory rape and one count of incest, and two concurrent terms of six years’ confinement for the remaining two counts of statutory rape. The trial court imposed partial consecutive sentencing yielding an effective fifteen year sentence. On appeal, the Defendant contends that his fifteen-year sentence is excessive. |
Marshall | Court of Criminal Appeals | |
Christopher J. Etheridge, Selena A. v. YMCA and West Tennessee, et al
A minor was injured in June 2008 when a sink, installed in November 2004, shattered. Suit was initially filed in June 2009, and Defendants were added in September 2009 and April 2010. The trial court granted summary judgment to Defendants based upon the construction statute of repose, Tennessee Code Annotated section 28-3-202, et seq., and we affirm. |
Madison | Court of Appeals | |
Todd Marsh, et al. v. Larry A. Storie, et al.
Todd Marsh and Kari Marsh (“Plaintiffs”) sued Larry A. Storie (“Storie”) and First Tennessee Bank National Association (“First TN Bank”) with regard to, among other things, ownership of real property which had been the subject of both a tax sale and a foreclosure sale. After a hearing, the Trial Court entered an order on January 4, 2011 granting partial summary judgment dismissing First TN Bank from the case, and certifying the judgment as final as to First TN Bank pursuant to Tenn. R. Civ. P. 54.02. Plaintiffs appeal the dismissal of their claims against First TN Bank. We affirm. |
Blount | Court of Appeals | |
Artis Reese v. State of Tennessee
Artis Reese (“the Petitioner”) filed for post-conviction relief from his convictions of two counts of aggravated robbery and one count of aggravated criminal trespass, alleging that he received ineffective assistance of counsel at his jury trial and that one of his convictions offends due process. After a hearing, the post-conviction court denied relief, and this appeal followed. Upon our review of the record, we affirm the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Eric Thomas v. Charles Trauber, Chairman of Board of Probation and Parole, and State of Tennessee
The Petitioner, Eric Thomas, appeals the Shelby County Criminal Court’s dismissal of his petition for habeas corpus relief from his four 1999 convictions for robbery. He claims that he is illegally incarcerated because his sentences expired before his resentencing. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Jonathan Paul Gray v. Casey Renea Jeans
Casey Renea Jeans (“Mother”) and Jonathan Paul Gray (“Father”) are the parents of two minor children, Tyler and Alexia (“the Children”, collectively). Mother and Father never were married. As part of the Permanent Parenting Plan (“the PPP”), Mother and Father shared custody of the Children, with Father designated as the primary residential parent. |
Hamblen | Court of Appeals | |
In Re: Sierra D.M., et al
The State of Tennessee Department of Children’s Services (“DCS”) filed 1 a petition seeking to terminate the parental rights of Susan M.M. (“Mother”) and Mark M. (“Father”)2 to the minor children Sierra D.M. (“Sierra”) and Hunter Z.M. (“Hunter”) (or collectively “the Children”) pursuant to Tenn. Code Ann. §§ 36-1-113(g)(1) and (g)(3). After a trial, the Juvenile Court3 entered its order on August 17, 2011 finding and holding, inter alia, that clear and convincing evidence existed to terminate Mother’s parental rights to the Children under Tenn. Code Ann. §§ 36-1-113(g)(1) and (g)(3), and that clear and convincing evidence existed that the termination of Mother’s parental rights was in the Children’s best interest. Mother appeals to this Court. We affirm. |
Washington | Court of Appeals | |
Robert F. Meredith et al. v. Kenneth L. Weller et al.
The plaintiff, Robert F. Meredith (“the Owner”), appeals a judgment rendered against him in favor of his home builder, Kenneth L. Weller (“the Builder”), on the Builder’s counterclaim for breach of contract and for attorney’s fees incurred in defending the Owner’s claims for, among other things, defective construction, misrepresentation, breach of contract, and violations of the Tennessee Consumer Protection Act, Tenn. Code Ann. §§ 47-18-101 et seq. (2001)(“the TCPA”). The Builder asks us to award him his attorney’s fees incurred in defending the Owner’s appeal. We affirm the judgment of the trial court in all respects. We also award the Builder his reasonable attorney’s fees incurred on appeal and remand to the trial court for a hearing to determine those fees. |
Hamilton | Court of Appeals | |
In Re: Ronald L.D.
This is a termination of parental rights case in which the Tennessee Department of Children’s Services (the “Department”) removed Ronald L. D. (the “Child”) from the custody of Ronald B. (“Father”). The Child was adjudicated dependent and neglected, and after Father failed to comply with the permanency plan, the Department petitioned to terminate Father’s parental rights. Following a hearing, the court terminated Father’s parental rights, finding that Father failed to substantially comply with two permanency plans, that the conditions which led to removal persisted, and that termination of Father’s parental rights was in the best interest of the Child. Father appeals. We affirm the decision of the trial court. |
Roane | Court of Appeals | |
State of Tennessee v. Doyle Everette Haney
The defendant, Doyle Everette Haney, appeals his Cocke County Circuit Court jury convictions of sale of .5 grams or more of cocaine and delivery of .5 grams or more of cocaine for which he received concurrent sentences of 30 years’ incarceration as a career offender. In addition to contesting the sufficiency of the evidence to support his convictions, the defendant argues that the State failed to comply with discovery requirements, that juror misconduct infected his trial, and that the trial court erred at sentencing. Although not raised by the defendant, we determine that the trial court erred by failing to merge the jury verdicts into one judgment of conviction. On remand, the trial court shall enter a single judgment of conviction indicating the merger of the jury’s verdicts, and the judgment in count two shall be vacated. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Horace Oscar Wakefield
This is a delayed appeal from a jury conviction for driving under the influence of an intoxicant (DUI), ninth offense. Following a sentencing hearing, the Defendant, Horace Oscar Wakefield, received a sentence of four years in the Department of Correction. On appeal, the Defendant challenges the sufficiency of the evidence supporting his conviction. After a review of the record, we conclude that the evidence is sufficient to support the Defendant's conviction for DUI. Accordingly, we affirm the judgment of the trial court. |
Fentress | Court of Criminal Appeals | |
Donna Crawford v. Department of Finance and Administration and State of Tennessee Civil Service Commission
Appellant, a civil service employee with the State of Tennessee, appeals the trial court’s judgment affirming the decision of the Civil Service Commission terminating her employment. The Commission had affirmed the initial order by the Administrative Law Judge, who upheld the decision of the Department of Finance and Administration to terminate Appellant’s employment for the good of the service pursuant to Tennessee Code Annotated Section 8-30-326. Discerning no error, we affirm. |
Davidson | Court of Appeals | |
Oliver J. Higgins v. Mark Gwynn, et al.
Petitioner who sought judicial review of the Tennessee Bureau of Investigation’s denial of his request for disclosure of investigative records pursuant to the Tennessee Public Records Act appeals the trial court’s dismissal of the petition. Finding that the records requested are excepted from disclosure, we affirm the judgment. |
Davidson | Court of Appeals | |
State of Tennessee v. Alma Cisneros Childers
The defendant, Alma Cisneros Childers, appeals the sentence of incarceration she received following the revocation of her probation by the Lincoln County Circuit Court. She pled guilty to violating the terms and conditions of her probation but now contends that she should have been given a community corrections sentence rather than one of incarceration. After review, we conclude that the defendant has not shown that the trial court abused its discretion in ordering the revocation or in imposing a sentence of incarceration. Therefore, the judgments of the trial court are affirmed. |
Lincoln | Court of Criminal Appeals | |
State of Tennessee v. Andrew Mann
The defendant, Andrew Bryan Mann, was convicted of two counts of first degree premeditated murder after he shot and killed his girlfriend’s father and stepmother. He was sentenced to two consecutive life terms in the Department of Correction. The primary issue at the defendant’s trial was whether or not the defendant’s killing of the victims was premeditated. On appeal, the defendant claims that the trial court erred by: (1) denying his motion to suppress; (2) refusing to allow his expert witnesses to testify concerning the defendant’s ability to premeditate; (3) admitting photographs of the crime scene; (4) excluding a report made in 2003 by his girlfriend to the Department of Child Services claiming that she had been abused by one of the victims, and (5) imposing consecutive life sentences on the grounds that he was a dangerous offender. After carefully reviewing the record and the arguments of the parties, we reject each of these claims and affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Roger Joseph v. State of Tennessee
On April 25, 2001, Petitioner, Roger Joseph, pled guilty to first degree murder. The Bradley County Criminal Court sentenced him to life in prison with possibility of parole. Petitioner filed a pro se petition for post-conviction relief on February 17, 2010. On February 28, 2010, the post-conviction court summarily dismissed the petition for being untimely and because Petitioner had filed a previous petition. On appeal, Petitioner argues that he was taking various psychiatric medications at the time he entered his guilty plea and, therefore, his plea was not entered voluntarily. He also argues that trial counsel was ineffective because he knew Petitioner was taking medication. Because Petitioner has shown no due process violation or other reason for tolling the statute of limitations, we conclude that the post-conviction court properly dismissed the petition. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Brian David Thomason
We granted the State’s applications for permission to appeal in these two cases to clarify the remedy that should be applied when there is an abuse of prosecutorial discretion in the denial of an application for pretrial diversion. In each case, the prosecutor denied the defendant’s petition for pretrial diversion and the trial court ruled there was no abuse of discretion. The Court of Criminal Appeals decided in each case that there was an abuse of discretion because the prosecutor failed to weigh all the relevant factors in reaching his decision to deny pretrial diversion to the defendant and remanded the case to the trial court to order the prosecutor to approve the defendant’s pretrial diversion application. We hold that when a prosecutor has abused his or her discretion byfailing to consider and weigh all the relevant pretrial diversion factors or by considering and relying upon an irrelevant factor, the appropriate remedy is to vacate the prosecutor’s ruling and remand to the prosecutor to consider and weigh all of the relevant factors. Accordingly, the judgments of the Court of Criminal Appeals are reversed, and the cases are remanded to the trial courts with directions to remand the case to the district attorney general to consider and weigh all of the relevant pretrial diversion factors. |
Gibson | Supreme Court | |
State of Tennessee v. Nathanael Anderson
After being indicted by a Sevier County Grand Jury, the Defendant, Nathanael Anderson, representing himself, pled guilty to one count of perjury. The Defendant then, through counsel, filed a motion to continue the sentencing hearing, which the trial court denied. The trial court sentenced the Defendant to eleven months and twenty-nine days to be served in confinement. After the sentencing hearing, the Defendant filed a motion to withdraw his guilty plea and filed a motion to reconsider the denial of the motion to continue the sentencing hearing. The trial court overruled the motion to withdraw the guilty plea, but it granted the motion to reconsider the motion to continue the sentencing hearing. In a subsequent resentencing hearing, the trial court considered the testimony of a psychologist who had diagnosed the Defendant with Simple Deteriorative Disorder, or Simple Schizophrenia. After the second sentencing hearing, the trial court entered an amended judgment, sentencing the Defendant to eleven months and twenty-nine days with six months to be served in confinement and the remainder to be served on supervised probation. On appeal, the Defendant contends: (1) the trial court erred in overruling his motion to withdraw his guilty plea because it applied the incorrect legal standard; (2) his guilty plea was not knowingly and voluntarily entered; (3) the trial court improperly admitted evidence at the sentencing hearing; and (4) the trial court improperly sentenced him. After a thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Anthony Todd Ghormley
A Blount County jury convicted the Defendant-Appellant, Anthony Todd Ghormley, of two counts of attempted first degree murder, a Class A felony, one count of especially aggravated kidnapping, a Class A felony, two counts of especially aggravated burglary, a Class B felony, and three counts of aggravated assault, a Class C felony. He received an effective sentence of 105 years in the Tennessee Department of Correction. On appeal, Ghormley argues that the trial court erred by (1) refusing to hold a competency hearing or reset the trial date when Ghormley’s competency to stand trial was questioned two weeks before trial, (2) allowing Ghormley to represent himself for several months during the pretrial roceedings, and (3) allowing the State to amend the indictment on the day trial began. Upon review, we conclude that the trial court erred in not holding a hearing to determine Ghormley’s competency to stand trial. Accordingly, we reverse the denial of a competency hearing and remand for a hearing. As to the other claimed errors, we affirm the trial court’s judgments. |
Blount | Court of Criminal Appeals |