State of Tennessee v. George Tucker
A Shelby County Criminal Court jury convicted the appellant, George Tucker, of theft of property valued one thousand dollars or more but less than ten thousand dollars, a Class D felony, and the trial court sentenced him as a Range III, career offender to twelve years in confinement. On appeal, the appellant claims that the evidence is insufficient to support the conviction. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Willie Hampton
A Shelby County jury convicted the Defendant-Appellant, Willie Hampton, of theft of property in excess of $10,000, a Class C felony. The Defendant-Appellant was sentenced as a Range III, persistent offender, to a term of fifteen years imprisonment in the Tennessee Department of Correction. In this appeal, the sole issue presented for our review is whether the evidence presented at trial was sufficient to support the Defendant-Appellant’s conviction of theft over $10,000. Upon our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Quincy Bryan Banks
The Defendant, Quincy Bryan Banks, was convicted by a Davidson County Criminal Court jury of two counts of aggravated rape and one count of especially aggravated kidnapping, class A felonies. He was sentenced as a violent offender to twenty years’ confinement for each conviction. The kidnapping conviction was ordered to be served consecutively to the rape convictions, for an effective forty-year sentence. On appeal, the Defendant contends that the trial court erred by ordering consecutive sentences. We affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Michael D. O'Guin v. State of Tennessee
The Petitioner, Michael D. O’Guin, appeals as of right from the Wayne County Circuit Court’s summary dismissal of his petition for a writ of habeas corpus. The Petitioner contends (1) that his sentence is illegal because it is in violation of Tennessee Code Annotated section 39-13-523(b) and (2) that his sentence has expired because he has served 85 percent of it. Following our review, we affirm the judgment of the habeas corpus court |
Wayne | Court of Criminal Appeals | |
Issac Eugene Jones, III v. State of Tennessee
The Petitioner, Isaac Eugene Jones, III, appeals as of right from the Hamilton County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner was convicted of second degree murder and sentenced as a Range I, standard offender to 25 years in the Tennessee Department of Correction. In this appeal as of right, the Petitioner contends that trial counsel was ineffective for failing to ensure that he was given the opportunity to testify at trial and for failing to object to his statement in which he said that he had molested his cousin. Following our review, we affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
K.F. v. State of Tennessee
In these two cases, consolidated for oral argument, defendants entered guilty pleas to one count in their respective indictments in exchange for dismissal of other counts. In both cases, the trial court denied their subsequent requests for expungement of the dismissed charges. Both defendants filed petitions for writ of certiorari. The Court of Criminal Appeals reversed both cases and remanded for entry of orders requiring the requested partial expungement. We granted the State’s applications for permission to appeal and ordered supplemental briefing on the issue of whether the Court of Criminal Appeals lacked subject matter jurisdiction. We hold that the procedural requirements for petitions for writ of certiorari set forth in Tennessee Code Annotated section 27-8-106 (2000) do not apply in criminal cases. We further hold that a conviction for one count in an indictment does not preclude expungement of the records relating to a dismissed charge in a separate count. Accordingly, we affirm the judgment of the Court of Criminal Appeals in both cases. |
Davidson | Supreme Court | |
State of Tennessee v. L.W.
In these two cases, consolidated for oral argument, defendants entered guilty pleas to one count in their respective indictments in exchange for dismissal of other counts. In both cases, the trial court denied their subsequent requests for expungement of the dismissed charges. Both defendants filed petitions for writ of certiorari. The Court of Criminal Appeals reversed both cases and remanded for entry of orders requiring the requested partial expungement. We granted the State’s applications for permission to appeal and ordered supplemental briefing on the issue of whether the Court of Criminal Appeals lacked subject matter jurisdiction. We hold that the procedural requirements for petitions for writ of certiorari set forth in Tennessee Code Annotated section 27-8-106 (2000) do not apply in criminal cases. We further hold that a conviction for one count in an indictment does not preclude expungement of the records relating to a dismissed charge in a separate count. Accordingly, we affirm the judgment of the Court of Criminal Appeals in both cases. |
Davidson | Supreme Court | |
Stephen Anthony Scott v. State of Tennessee
The defendant, Stephen Anthony Scott, appeals the sentencing decision of the Montgomery CountyCircuit Court. The defendantwas convicted of aggravated robbery, a Class B felony; attempted aggravated robbery, a Class C felony; especially aggravated kidnapping, a Class A felony; aggravated kidnapping, a Class B felony; and attempted robbery, a Class D felony. The defendant was originally sentenced to an effective term of thirty-seven years in the Department of Correction. After multiple appeals and new filings in both state and federal courts, the defendant’s case was eventually sent back to the trial court for re-sentencing in accordance with Blakely v. Washington, 542 U.S. 296 (2004). A resentencing hearing was held, and the trial court determined that one enhancement factor was applicable, that being that the defendant had juvenile adjudications which would have been felony convictions if they had occurred when the defendant was an adult. As such, the trial court, applying partial consecutive sentencing, resentenced the defendant to an effective sentence of thirty-four years and six months. On appeal, the defendant raises multiple sentencing issues for our review: (1) whether the imposed sentences are still in violation of Blakely, based upon the application of the single enhancement; (2) whether the imposed sentences are illegal as the State failed to file notice of intent to seek enhancement factors; (3) whether the court erred in imposing consecutive sentencing; (4) whether the court erred in treating a juvenile adjudication as a felony conviction for enhancement purposes; and (5) whether the court erred in failing to offer the defendant the right to waive his ex post facto rights and be sentenced pursuant to the 2005 amendments to the Sentencing Act. Following review of the record, we conclude that the trial court erred in applying the enhancement factor to the defendant’s sentences. Accordingly, we conclude that the presumptive minimum sentences for each conviction must be imposed in this case, and we remand to the trial court for entry of corrected judgments to so reflect. Additionally, we conclude that the defendant’s others issues are not meritorious and that no relief is warranted. |
Montgomery | Court of Criminal Appeals | |
James C. Osborne, IV v. State of Tennessee
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Wilson | Court of Criminal Appeals | |
Anita J. Cash, City of Knoxville Zoning Coordinator v. Ed Wheeler
The City of Knoxville Board of Zoning Appeals granted defendant a variance and the Knoxville City Council then nullified the variance granted by the Board of Zoning Appeals. Defendant then appealed to the Chancery Court of Knox County contending that the city ordinance which permitted the City Council to review the decisions of the Board of Zoning Appeals was invalid, and the Chancellor agreed. On appeal, we hold that the ordinance at issue is valid under the State's statutory scheme. We reverse the Chancellor and remand for further proceedings. |
Knox | Court of Appeals | |
State of Tennessee v. Maurice Johnson
A Bradley County jury convicted the Defendant, Maurice Johnson, of one count of especially aggravated robbery and three counts of first degree murder in the perpetration of an especially aggravated robbery. He was sentenced to life without the possibility of parole for each of the felony murder convictions and to twenty-five years for the especially aggravated robbery conviction. On appeal, the Defendant argues that the evidence was insufficient to sustain his convictions, that the district attorney engaged in repeated instances of misconduct substantially prejudicing the jury against him, and that the lead detective’s wrongdoing warrants a new trial. Following our review, we affirm the Defendant’s convictions and sentences for first degree murder during the perpetration of or attempt to perpetrate an especially aggravated robbery. The Defendant’s conviction for especially aggravated robbery is reversed and dismissed. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Donald A. Jahr, Jr.
The Defendant, Donald A. Jahr, Jr., appeals as of right from the Blount County Circuit Court’s revocation of his probation and order of incarceration. The Defendant contends that the trial court erred by ordering the previously imposed sentence to be served in confinement. Following our review, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Matthew Garrett
The Defendant-Appellant, Matthew Garrett, was indicted by a Rutherford County Grand Jury for aggravated assault. He was subsequently convicted by a jury of the lesser included offense of reckless aggravated assault, a Class D felony. The Defendant-Appellant was sentenced to three years imprisonment, which was suspended after service of six months. The sole issue presented for our review is whether the evidence was sufficient to support the Defendant-Appellant’s conviction. Upon review, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
In Re Noel B.F. The Department of Children's Services v. Veda L.M.
This is a parental termination case. The appellant mother has a history of serious mental illness and persistent difficulties in managing her mental illness, resulting in multiple hospitalizations and incarcerations. The Tennessee Department of Children’s Services took custody of the child immediately following her birth. After the guardian ad litem and the Department of Children’s Services filed petitions to terminate the mother’s parental rights, the child’s aunt filed an intervening petition for termination of the mother’s parental rights and for custody. The trial court terminated the mother’s parental rights and did not grant the aunt’s intervening petition for custody. The aunt did not appeal. The mother appeals, arguing that the trial court’s decision to allow the child to remain with the foster parents, instead of placing the child with the aunt was not in the child’s best interest. We affirm. |
Davidson | Court of Appeals | |
Monica Whitmore v. Shelby County Government
The trial court granted the defendant, Shelby County Government, judgment on the pleadings as to multiple causes of action brought by a former county employee. The trial court found, inter alia, the one-year statute of limitations of the Tennessee Governmental Tort Liability Act (“GTLA”) barred the plaintiff’s claim. Applying well-settled law, the court concluded the general saving statute does not apply to a claim non-suited and re-filed against a governmental entity under the GTLA. Although the trial court failed to address whether a different conclusion might apply to causes of action arising under the Tennessee Human Rights Act (“THRA”), we hold the saving statute does not “save” a claim non-suited and refiled against a State entity under the THRA. The trial court therefore properly concluded the plaintiff’s suit was time-barred. Because the trial court reviewed matters outside of the pleadings when deciding the defendant’s motion, we grant summary judgment in favor of the defendant. |
Shelby | Court of Appeals | |
State of Tennessee v. Quincy Mills
The appellant, Quincy Mills, appeals the trial court’s revocation of the appellant’s probation for failure to comply with the terms of release. The appellant contends that the trial court violated his due process rights by failing to reduce its findings to writing and by admitting unreliable hearsay at the revocation hearing. Upon review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Broderick Joseph Smith
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Davidson | Court of Criminal Appeals | |
State of Tennessee v. Varion Johnson
A Sevier County Circuit Court jury convicted the appellant, Varion Johnson, of facilitation of aggravated robbery. The trial court imposed a sentence of nine years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his conviction. Upon review, we reverse the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Myron Taylor
Defendant, Myron Taylor, was charged with rape of a child. Following a jury trial, Defendant was convicted of the lesser included offense of aggravated sexual battery. He was sentenced to twelve years in the Department of Correction as a violent offender. On appeal, Defendant argues that the trial court erred by allowing the victim’s sister to testify about an incident that she witnessed where Defendant pulled a cover off of the victim while she was sleeping. After a thorough review of the record, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Lisa Marie Butler v. State of Tennessee
The Petitioner, Lisa Marie Butler, appeals the Shelby County Criminal Court’s denial of post-conviction relief from her convictions for first degree felony murder and aggravated child abuse. On appeal, she contends that trial counsel rendered ineffective assistance by failing to exclude irrelevant evidence of the victim’s earlier injuries and that appellate counsel rendered ineffective assistance by failing to argue on appeal that the evidence should have been excluded. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Nakia Bohanan
A Shelby County Criminal Court jury convicted the defendant, Nakia Bohanan, of aggravated burglary, see T.C.A. § 39-14-403 (2006), and the trial court sentenced the defendant to serve 15 years’ incarceration as a Range III, persistent offender. On appeal, the defendant contends that the evidence is insufficient to support his conviction and that the trial court erred in its application of an enhancement factor to determine the length of his sentence. Discerning no infirmity in the evidence but that the trial court erred at sentencing, we affirm the defendant’s conviction and modify the sentence to 14 years’ incarceration. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Rickie Sipes
The defendant, Rickie Sipes, was convicted of first degree premeditated murder and sentenced to life imprisonment in the Department of Correction. On appeal, he argues that the trial court erred in denying his motion for judgment of acquittal and for a new trial because the evidence was insufficient to sustain his conviction. Following our review, we affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. James Michael Wise
The defendant, James Michael Wise, was convicted by a Sumner County jury of three counts of sexual battery by an authority figure, two counts of solicitation to commit rape, thirteen counts of rape, and thirteen counts of incest. Following a sentencing hearing, the trial court sentenced the defendant to an effective forty-eight-year sentence in the Department of Correction. On appeal, the defendant challenges the sentences imposed. Specifically, he contends that the trial court erred in failing to impose the minimum sentences within the range and in its application of consecutive sentencing. Following review of the record, we find no error and affirm the sentences as imposed |
Sumner | Court of Criminal Appeals | |
In The Matter of Keely A.J.
The appellant contends that the trial court made several serious errors, by inter alia, dismissing her claim for child support arrearages, reducing the father’s child support obligation, and denying her numerous motions to alter the agreed order after its entry, etc. The problem with these allegations is that they are wholly unfounded because the appellant agreed to settle and/or voluntarily dismiss all of her claims following the third day of trial, prior to the end of the trial. As for her claim that the trial court erred in awarding $10,000 in attorney’s fees against her, we find this argument is also frivolous for she was discharged of this specific obligation in bankruptcy. Therefore, we affirm the trial court in all respects. Further, upon the finding this appeal is frivolous, we remand with instructions for the trial court to award the appellee his reasonable and necessary attorney’s fees and costs against the appellant. |
Sumner | Court of Appeals | |
Sandi D. Jackson v. Mitchell B. Lanphere
The petitioner for an order of protection appeals the trial court’s decision dismissing her petition. While we reject most of the assignments of error identified by the petitioner, we agree that the trial court erred in failing to make findings of fact and conclusions of law as now required by Tenn. R. Civ. P. 41.02. We therefore vacate the trial court’s order and remand. |
Sumner | Court of Appeals |