State of Tennessee v. Michael Orlando Freeman
The Defendant, Michael Orlando Freeman, pled guilty to robbery, a Class C felony, in the Criminal Court of Hamilton County with sentencing to be determined by the trial court. The trial court sentenced the defendant as a Range I, standard offender to five years' incarceration. In this appeal as of right, the defendant contends that the trial court erred in its application of enhancement factors to his sentence and in its denial of alternative sentencing. Following our review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Samuel L. Giddens, Jr. v. State of Tennessee
A Davidson County jury convicted the Petitioner, Samuel L. Giddens, Jr., of reckless homicide, attempted especially aggravated robbery, and aggravated burglary, and the trial court sentenced him to an effective sentence of fourteen years. On direct appeal, this Court affirmed the petitioner's convictions and sentence. State v. Samuel L. Giddens, Jr., No M2005-00691-CCA-R3-CD, 2006 WL618312, at *1 (Tenn. Crim. App., at Nashville, Mar. 13, 2006), Tenn. R. App. P. 11 application denied (Tenn. June 26, 2006). The petitioner filed a petition for post-conviction relief, later amended by appointed counsel, alleging, in pertinent part, that he received the ineffective assistance of counsel. After a hearing, the post-conviction court dismissed the petition. After a thorough review of the record and applicable authorities, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Anthony L. Davis
A Davidson County grand jury indicted the Defendant, Anthony L. Davis, and his codefendant, Michael Ray Crockett, for the felony murder, premeditated murder, and especially aggravated robbery of victim Edgar Moreno-Gutierrez and for the especially aggravated robbery and two counts of felony murder of victim Michael Adams. The trial court severed the defendant's trials, and in his first trial a Davidson County jury convicted him of the felony murder, premeditated murder, and especially aggravated robbery of victim Moreno- Gutierrez. The trial court merged the premeditated murder conviction with the felony murder conviction and sentenced the defendant to life plus twenty-three years. In his second trial, a Davidson County jury convicted the defendant of the especially aggravated robbery andd two counts of the felony murder of victim Adams. The trial court merged the two felonyd murder convictions and sentenced the defendant to life plus eighteen years, to be served consecutively to his sentence from his first trial. The two cases were consolidated on appeal. On appeal, the defendant contends that the evidence is insufficient to support his convictions and that the trial court improperly imposed consecutive sentencing in his first trial. After a thorough review of the record and relevant authorities, we affirm the trial court's judgments. |
Davidson | Court of Criminal Appeals | |
Jeffery Aaron Lane v. State of Tennessee
We review this post-conviction case to determine the validity of defendant's guilty plea when the trial court did not specifically ask the defendant "How do you plead?" and he did not respond with the words, "Guilty" or "Not guilty." We hold that the defendant's guilty plea was valid because the facts and circumstances of the case show that the defendant intended to plead guilty, affirmatively admitted his guilt, stated that he was entering his plea voluntarily, and believed that he was pleading guilty. Accordingly, the defendant knowingly and voluntarily entered a guilty plea, and the guilty plea proceedings in this case substantially complied with the mandates of federal and state law. Therefore, the judgment of the Court of Criminal Appeals is reversed, and we remand for reinstatement of the defendant's conviction under the accepted plea agreement. |
Sullivan | Supreme Court | |
In Re: Caleb J.B.W.
This appeal involves the termination of a mother's parental rights to her son. Following a bench trial, the trial court determined that the mother knowingly failed to protect her child by not immediately seeking medical care and by not immediately reporting her child's injuries to medical providers or the authorities. Therefore, the trial court terminated the mother's parental rights. We affirm. |
Bradley | Court of Appeals | |
Glenda Hampton v. Northwest Tennessee Human Resource Agency
This is a personal injury case. The Appellant/Defendant's employee backed a van into a vehicle which the Appellee/Plaintiff was driving. Until the accident, the Plaintiff had not had any problems with her right shoulder. The morning after the accident the Plaintiff had pain and soreness in her shoulder. She was treated by three different orthopedic surgeons and ultimately had arthroscopic right shoulder surgery. The parties stipulated to liability. However, the Defendant disputed causation. A bench trial was held and the trial court found that the accident caused the Plaintiff's shoulder injury which necessitated the shoulder surgery. Defendant appealed from the trial court's judgment. We affirm. |
Carroll | Court of Appeals | |
Glenda Hampton v. Northwest Tennessee Human Resource Agency
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Carroll | Court of Appeals | |
Michael Cary Murphy v. Tennessee Department of Revenue
The chancery court upheld the administrative decision based on Tenn. Code Ann. _ 55-4-226(f) (2004); however, the statute was amended in a material way in 2009, during the pendency of this case, which was not brought to the attention of the court. The Department has acknowledged in this appeal that the current statute provides that a former "appointed" municipal court judge, such as Appellant, may obtain a judicial license plate. We have determined the 2009 amendment to Tenn. Code Ann. _ 55-4-226(f) provides the relief Appellant is seeking; therefore, the issues on appeal are moot. Accordingly, this appeal is dismissed for mootness. |
Davidson | Court of Appeals | |
State of Tennessee v. Jerry Wayne Watson, Jr.
The Defendant, Jerry Wayne Watson, Jr., pled guilty to sale of cocaine in an amount more than .5 grams in case number 36,430 and to sale of cocaine in an amount more than .5 grams in case number 36,431. Following a sentencing hearing for both cases, the defendant was sentenced to concurrent sentences of eight years, with 120 days in confinement followed by seven years and eight months on community corrections. In this appeal as of right, the defendant contends that the trial court erred in denying full probation. Following our review, we affirm the judgments of the trial court. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Hollena Arlene West
Following a jury trial, Defendant, Hollena Arlene West, was found guilty of driving under the influence ("DUI"). The trial court sentenced Defendant to eleven months, twenty-nine days, with the sentence suspended and Defendant placed on probation after serving ten days in confinement. On appeal, Defendant argues that the evidence was insufficient to support her conviction and the trial court erred in allowing expert testimony concerning the effect of taking multiple prescription medications. After a thorough review, we affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
Gladys Davis v. Nissan North America, Inc.
Gladys Davis ("Plaintiff") filed this retaliatory discharge case against her former employer, Nissan North America, Inc. ("Defendant"). Plaintiff claims Defendant retaliated against her for filing several workers' compensation claims. Prior to Plaintiff's discharge, she underwent a comprehensive medical examination and, based on this examination, two physicians who are board certified in occupational and preventive medicine opined that there was a high risk of re-injury should Plaintiff be returned to work. Relying on the medical opinions of these two physicians, Defendant filed a motion for summary judgment. The Trial Court concluded, among other things, that Defendant had negated an essential element of Plaintiff's claim and Defendant, therefore, was entitled to summary judgment as a matter of law. Plaintiff appeals, and we affirm. |
Rutherford | Court of Appeals | |
In Re Drake L.
Mother appeals the trial court's change of custody of the parties' minor child to Father. Father appeals the trial court's determination of Mother's child support obligation and its failure to award him a judgment for child support retroactive to the date he was awarded temporary custody. Both parties contest the trial court's findings of contempt. We affirm the trial court's change of custody to Father. We reverse its finding of contempt as to Mother and the denial of retroactive child support for Father. We remand the matter to the court for a determination of Mother's child support obligation. |
Dickson | Court of Appeals | |
Ruby E. Austin v. Genlyte Thomas Group, LLC et al.
Employee alleged that she sustained a compensable injury to her back. Employer referred her to a physician who opined that her condition was not work-related, and her claim was thereafter denied. After trial, the court found that Employee’s condition was compensable and awarded 65% permanent partial disability to the body as a whole and temporary total disability benefits. Employer has appealed, contending that the evidence preponderates against the trial court’s finding that a compensable injury occurred, or alternatively in ordering payment of temporary total disability benefits. We modify the award of temporary total disability benefits but otherwise affirm the judgment. |
White | Workers Compensation Panel | |
Dickson Housing Authority v. Ida Pearl Grimes, et al.
The circuit court entered judgment in favor of Plaintiff Dickson Housing Authority in this eviction action. Finding the trial court admitted no evidence which would support the Housing Authority's allegations of amounts earned by Defendant tenant, we reverse. |
Dickson | Court of Appeals | |
Jennifer Bivins, et al. v. City of Murfreesboro
Brandon Bivins died in an automobile accident on South Rutherford Boulevard in Murfreesboro. His mother sued the city, claiming that the road was unsafe or dangerous and that the city had notice of the condition of the road. The trial court held that the city did not have notice of an unsafe or dangerous condition at the spot of the accident. Because the city had notice of prior accidents along that segment of the road and had a consultant's report stating that the road did not meet design guidelines, we reverse the trial court and remand for a determination of whether the road was unsafe or dangerous. |
Rutherford | Court of Appeals | |
Cheryl Lingenfelter King v. Monte Joe King
In this post-divorce custody dispute, father asserts that the trial court erred in denying his petition to change custody and in granting mother's petition to relocate. We have concluded that the evidence does not preponderate against the findings of the trial court, and we affirm the decision of the trial court. |
Williamson | Court of Appeals | |
Ayatollah William Wallace v. State of Tennessee
A jury convicted the petitioner, Ayatollah William Wallace, of three counts of aggravated kidnapping. The trial court sentenced him to an effective sixteen-year sentence in the Tennessee Department of Correction. On direct appeal, this court upheld the convictions and sentences. The petitioner filed a petition for post-conviction relief alleging the ineffective assistance of counsel at trial and on direct appeal. The Criminal Court for Bradley County denied post-conviction relief, and the petitioner now appeals. Following a review of the parties' briefs, the record, and applicable law, we affirm the denial of post-conviction relief. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Manfred Steinhagen
The Defendant-Appellant, Manfred Steinhagen, appeals pro se from the Circuit Court of Cheatham County. He was initially found guilty by the General Sessions Court of Cheatham County of speeding and violating the Financial Responsibility Act, both Class C misdemeanors. Steinhagen was fined ten dollars for each conviction. He appealed to the Circuit Court, which upheld the judgments of the General Sessions Court. In this appeal, Steinhagen challenges the sufficiency of the evidence and raises several procedural claims. Upon review, we affirm the judgments of the Circuit Court. |
Cheatham | Court of Criminal Appeals | |
Shirley Ann Atkinson, Administrator of the Estate of Robert Lee Pattee, Jr., Deceased v. State of Tennessee
Tennessee Claims Commission - This is an appeal from the Tennessee Claims Commission. The claimant/appellant alleged that state employees or their agents negligently caused the death of her fianc_, who committed suicide while incarcerated at the Lois M. DeBerry Special Needs Facility in Nashville, Tennessee. The Commission determined the claimant was not entitled to recover because she failed to produce expert testimony to establish the standards of care by which to judge the conduct of the prison officials and mental health professionals allegedly responsible for the care, custody, and control of the deceased. Because the Commission correctly determined that the claimant is unable to prove a breach of duty without expert evidence to establish the applicable standards of care, we affirm. |
Davidson | Court of Appeals | |
TECO Barge Line, Inc., n/k/a U.S. United Barge Line, LLC v. Justin P. Wilson, Tennessee Comptroller of the Treasury, et al.
Tennessee Board of Equalization - Taxpayer, an interstate water transportation carrier company operating boats and barges over various waterways including the Mississippi and Tennessee Rivers, was assessed an ad valorem tax on personal property for the tax year 2005. Taxpayer appealed the assessment to the State Board of Equalization. Following the filing of Taxpayer's appeal, Taxpayer was retroactively assessed for the two tax years immediately preceding the original assessment, 2003 and 2004. Taxpayer appealed these assessments as well as assessments in subsequent tax years 2006, 2007 and 2008. A hearing was held before an Administrative Law Judge, who upheld both the regular as well as the retroactive assessments. Taxpayer appealed to the State Board of Equalization Assessment Appeals Commission and, following a hearing, the Commission affirmed the ALJ's decision. Taxpayer appeals; we affirm in part and reverse in part. |
Wilson | Court of Appeals | |
Betts Nixon v. City of Murfreesboro
City employee brought suit to challenge her dismissal for violation of the city's drug and alcohol policy. The trial court affirmed the decision of the city's disciplinary review board. The employee argues that the decision of the disciplinary review board should be reviewed de novo, that the city is estopped by its actions from relying on the blood alcohol test results and from terminating her employment, that she was denied due process by the actions of the city manager and the disciplinary review board, that the city abused its discretion, and that the city's decision is not supported by substantial and material evidence. We have concluded, as did the trial court, that the decision of the disciplinary review board is properly reviewable under the standards set forth in the Uniform Administrative Procedures Act. Under those standards, we affirm the trial court's decision. |
Rutherford | Court of Appeals | |
April Michelle Brady v. Colin Ashley Brady
Father appeals trial court finding of substantial and material change in circumstances and resulting modification of parenting plan. Finding no error, we affirm the judgment. |
Maury | Court of Appeals | |
John Doe v. Robert E. Cooper, Jr., as Attorney General for State of Tennessee
This is a declaratory judgment action in which Petitioner challenges as unconstitutional the retroactive application of the Tennessee Sexual Offender Registration, Verification, and Tracking Act of 2004. Petitioner was convicted of five counts of indecent exposure in 2001when the Sexual Offender Registration and Monitoring Act of 1994 was in effect. The 1994 Act did not classify indecent exposure as a "sexual offense." Three years after his convictions, the Tennessee Sexual Offender Registration, Verification, and Tracking Act of 2004 became law. Unlike the prior Act, the Act of 2004 classified persons convicted of "at least 3 indecent exposure offenses" as "sexual offenders," it required all persons classified as "sexual offenders" to register with the sex offender registry, and it prohibited sexual offenders whose victims were minors from working or residing within 1,000 feet of a school, child care facility, or public park. The trial court made the determination the 2004 Act was part of a non-punitive regulatory framework that did not constitute punishment and the retroactive application of the 2004 Act to Petitioner was not unconstitutional. Petitioner established standing to challenge the classification, registration and employment restraint provisions of the Act of 2004 as applied to him, and we have determined that the 2004 Act, as applied to Petitioner, is not unconstitutional. Accordingly, we affirm the trial court. |
Davidson | Court of Appeals | |
State of Tennessee v. Adrian Todd
The defendant, Adrian Todd, stands convicted of second degree murder, a Class A felony. The trial court sentenced him as a Range I violent offender to twenty-three years at 100% in the Tennessee Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence supporting his conviction. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Lisa P. Gray v. Odell Watkins, Jr.
The State of Tennessee filed a petition for child support on behalf of the child's mother. The respondent acknowledged his obligation to pay such support, and the juvenile court referee established his current and retroactive child support obligation. The respondent filed a request for rehearing before the juvenile court judge, which was dismissed for failure to prosecute. He appealed to this Court but failed to provide a transcript or statement of the evidence. Finding no error in the limited record before us, we affirm. |
Shelby | Court of Appeals |