State of Tennessee v. Terry Rainey
The State appeals the Chester County Circuit Court's decision to order pretrial diversion for the Defendant-Appellee, Terry Rainey. Rainey was indicted for reckless endangerment, a Class E felony, and two counts of aggravated assault, Class C and D felonies. The State claims it properly appealed as of right under Rule 3(c) of the Tennessee Rules of Appellate Procedure. Alternatively, the State asserts the circumstances of this case warrant review as an extraordinary appeal under Rule 10(a) of the Tennessee Rules of Appellate Procedure. Upon review, we hold that the State cannot appeal the trial court's decision to order pretrial diversion under Rule 3(c). We also decline review under Rule 10(a). Accordingly, the State's appeal is dismissed. |
Chester | Court of Criminal Appeals | |
State of Tennessee v. Patrick Trawick
The Defendant, Patrick Trawick, was convicted by a Shelby County jury of one count of premeditated first degree murder and two counts of aggravated assault related to the death of his estranged girlfriend and the aggravated assault of her companion. The jury found life without the possibility of parole to be the appropriate sentence for the premeditated first degree murder count. Following a separate sentencing hearing, the trial court imposed concurrent six year sentences for the two aggravated assault counts to be served consecutively to the sentence of life without the possibility of parole. In this appeal as of right, the Defendant contends that the trial court erred by (1) failing to recuse itself, (2) ruling admissible for impeachment purposes the Defendant's prior rape conviction, (3) admitting crime scene photographs of the victim's body, and (4) failing to instruct the jury regarding all lesser included offenses for premeditated first degree murder. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Danurico Dujuan Grundy
The Defendant-Appellant, Danurico Dujuan Grundy, appeals the revocation of his probation by the Circuit Court for Dickson County. On November 17, 2005, he pled guilty to theft under $500, a Class A misdemeanor, and five counts of uttering a forged instrument under $1,000, a Class E felony. Grundy received an effective sentence of two years in the Tennessee Department of Correction and was ordered to pay $26.50 to the Criminal Injuries Compensation Fund and $546.50 in court costs. On appeal, Grundy claims the trial court erred by revoking his probation and reinstating his original sentences of confinement. Upon review, we affirm the judgment of the trial court. |
Dickson | Court of Criminal Appeals | |
Larry Brian Shelton v. State of Tennessee
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Hawkins | Court of Criminal Appeals | |
Jerry Timberlake v. State of Tennessee
The petitioner, Jerry Timberlake, appeals the Henderson County Circuit Court's denial of his petition for post-conviction relief. The State has filed a motion requesting that this court affirm the lower court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Because the petitioner has failed to prove his allegations by clear and convincing evidence, we conclude that the State's motion is well-taken. Accordingly, we affirm the lower court's denial of post-conviction relief. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Tommy L. Wray
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Marshall | Court of Criminal Appeals | |
Tommy Ray Young v. State of Tennessee
The petitioner, Tommy Ray Young, appeals from the summary dismissal of his petition for post-conviction relief. In this appeal, both the petitioner and the State argue that the postconviction court erred by dismissing the petition without a hearing. We agree. Accordingly the judgment of the post-conviction court is reversed, and the case is remanded for the appointment of counsel and an evidentiary hearing. |
Campbell | Court of Criminal Appeals | |
State of Tennessee v. Richard Dean Nance
A Washington County jury convicted the defendant, Richard Dean Nance, of two counts of rape of a child and one count of incest. He appeals his convictions, arguing that the evidence was insufficient as a matter of law and that the trial court erred by permitting into evidence a prior conviction of one of his key witnesses. Discerning no error, we affirm the judgments of the trial court. |
Washington | Court of Criminal Appeals | |
State of Tennessee v. Daryl Powell
The Defendant-Appellant, Daryl Powell, appeals from the Sequatchie County Circuit Court's order denying his motion to determine the conditions and status of his probation and requiring him to provide a blood sample to the DNA database, which was entered more than four years after he was sentenced for his conviction for incest, a Class C felony. In his appeal, Powell argues that he complied with the provisions of Tennessee Code Annotated section 40-35-321 when he submitted a blood sample to the DNA database during the investigation of the charges against him in this case. Upon review, we conclude that Powell does not have an appeal as of right pursuant to Tennessee Rule of Appellate Procedure 3(b). Accordingly, we dismiss the appeal. |
Sequatchie | Court of Criminal Appeals | |
Charles McBee vs. Patricia Anne Greer, et al.
Plaintiff was violently attacked as he was attempting to serve process on the defendant in a divorce case. Plaintiff had been employed by a law firm to serve the divorce complaint on the defendant in the divorce case and the firm had attached a written statement to the process "Be forewarned he's an ex-cop with anger issues". Plaintiff's claims for recovery against defendants were intentional infliction of emotional distress/outrageous conduct, negligent misrepresentation and negligence. The trial court dismissed the action responding to defendants' Tenn R. Civ. P. 12.02(6), and plaintiff has appealed. On appeal, we hold that plaintiff failed to state a cause of action for negligent misrepresentation and intentional infliction of emotional distress/outrageous conduct, but vacate the dismissal of the claim for negligence against defendants, and remand for further proceedings. |
Knox | Court of Appeals | |
In the matter of: Nathan T.
Mother appeals the termination of parental rights to her child, asserting that the findings of the Juvenile Court that she abandoned the child by failing to provide a suitable home, that the conditions which led to the removal of the child persisted, and that termination of her rights were in the best interest of the child are unsupported by clear and convincing evidence. We affirm the judgment of the trial court. |
Dickson | Court of Appeals | |
State of Tennessee v. Ricky Lee Cook
On May 11, 2009, the Defendant, Ricky Lee Cook, pleaded guilty to Class D felony evading arrest and driving under the influence ("DUI"), third offense. Pursuant to the terms of the plea agreement, he received a sentence of eleven-months and twenty-nine days at 75% to serve for the DUI conviction and a sentence of three years at 30% to be probated for the felony evading arrest conviction. These sentences were consecutive terms. Thereafter, the Defendant filed a motion to withdraw his guilty plea. The Sumner County Criminal Court denied the motion. The Defendant now appeals, contending that this denial was error. After our review, we affirm the judgment of the trial court. |
Sumner | Court of Criminal Appeals | |
Christine Greenwood v. Kirby Family Dentistry, P.C., et al.
The trial court granted Defendants' motion for summary judgment in this action for dental malpractice. We affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. James Franklin Wiggins
The Defendant, James F. Wiggins, pled guilty to driving under the influence of an intoxicant (DUI), a Class A misdemeanor. He received a sentence of eleven months and twenty-nine days and was ordered to serve forty-eight hours in jail and the rest on probation. The Defendant's plea agreement reserved a certified question of law regarding the legality of the traffic stop which led to his arrest. We affirm the judgment of the trial court. |
Loudon | Court of Criminal Appeals | |
Charles E. Jackson, III v. Metropolitan Government of Nashville et al.
The matters at issue pertain to the alleged negligence of a Davidson County probation officer and the quasi-judicial immunity defense. Plaintiff, a probationer who was arrested and detained in jail on a probation violation warrant, filed this action alleging he was unlawfully arrested and jailed because his probation officer negligently failed to recall a probation warrant after he cured the deficiencies for which it was issued. The trial court granted the probation officer's Tenn. R. Civ. P. 12.02(6) motion to dismiss based on the defense of quasi-judicial immunity because the complaint asserted that she was acting in her capacity as his probation officer when she failed to recall the warrant. Plaintiff insists this was error, contending the probation officer is not entitled to quasi-judicial immunity because she was not performing a function essential to the judicial process and she had no discretion but to recall the warrant. We affirm. |
Davidson | Court of Appeals | |
Mario Antwan Fulgham v. State of Tennessee
The Petitioner, Mario Antwan Fulgham, appeals as of right from the Hamilton County Criminal Court's denial of his petition for post-conviction relief challenging his convictions for facilitation of first degree murder, attempted especially aggravated robbery, and attempted aggravated robbery. The Petitioner argues that he was entitled to post-conviction relief because his trial counsel committed ineffective assistance in failing to pursue defenses of intoxication or diminished capacity and in failing to advise the Petitioner of his right of allocution at sentencing. Following our review, we affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Anthony Levail Newsom
The appellant, Anthony Levail Newsom, was convicted of possession of .5 grams or more of cocaine for resale, and an eight-year sentence was imposed. The appellant was granted probation. However, the trial court subsequently found that the appellant violated the terms of his release, revoked the appellant's probation, and ordered him to serve his eight-year sentence in confinement. On appeal, the appellant contends that the trial court erred in revoking his probation and in ordering him to serve his sentence in confinement instead of on community corrections. Upon review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Robert M. Winters v. Jim Morrow, Warden
The pro se Petitioner, Robert M. Winters, appeals as of right from the Bledsoe County Circuit Court's order summarily dismissing his petition for a writ of habeas corpus attacking his convictions for felony murder and aggravated robbery. He alleges that his indictment is void for failing to charge an offense. Following our review, we affirm the judgment of the habeas corpus court. |
Bledsoe | Court of Criminal Appeals | |
State of Tennessee. v. Dwight J. Shankle
The Defendant-Appellant, Dwight Shankle, was convicted by a McMinn County jury of manufacture of methamphetamine under 0.5 grams, a Class C felony. He was sentenced as a multiple offender to eight years in the Tennessee Department of Correction and assessed a $25,000 fine. On appeal, he claims the insufficiency of the evidence. Upon review, we affirm the judgment of the trial court. |
McMinn | Court of Criminal Appeals | |
Harold James Greenleaf, Jr. v. State of Tennessee
The Petitioner, Harold James Greenleaf, Jr., appeals from the order of the trial court denying his petition requesting forensic DNA analysis. Upon his plea of guilty in 2000, the Petitioner was convicted of second degree murder and sentenced to forty years in the Department of Correction. The Petitioner seeks DNA testing of evidence related to the investigation and prosecution. After our review of the record, we affirm the judgment of the Rutherford County Circuit Court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Willie James Krisle
The appellant, Willie James Krisle, was convicted in the Sumner County Criminal Court of two counts of the sale of less than .5 grams of a substance containing cocaine, see Tenn. Code Ann. _ 39-17-417(c)(2)(A), and he received a total effective sentence of eight years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his convictions, specifically contending that there was insufficient evidence corroborating the testimony of his accomplice, co-defendant Robert Hargrove. Upon review, we affirm the appellant's convictions. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. James Rae Lewter
A jury convicted the defendant of burglary and theft in connection with the break-in of a dental office. The Court of Criminal Appeals reversed the convictions, finding that the evidence, which included a white shirt bearing the defendant's DNA found at the crime scene, was insufficient to support the jury's verdict. Upon further review by this Court, we hold that the evidence was sufficient to support a reasonable inference of guilt beyond a reasonable doubt. Accordingly, we reverse the judgment of the Court of Criminal Appeals and remand for further proceedings. |
Lincoln | Supreme Court | |
Jerry Ann Winn v. Welch Farm, LLC and Richard Tucker
This is an appeal from the trial court's decision to grant summary judgment to the Appellees. After reviewing the record, we find that the order granting summary judgment fails to comply with Tenn. R. Civ. P. 56.04, as it does not "state the legal grounds upon which the court denies or grants the motion." Consequently, this Court cannot proceed with our review and must vacate the judgment of the trial court. |
Montgomery | Court of Appeals | |
State of Tennessee v. James G. Coons, II
The Defendant, James G. Coons, pled guilty to second degree murder, and the trial court sentenced him to forty years in the Tennessee Department of Correction. The Defendant appeals, contending the trial court did not adequately consider his mental health as a mitigating factor in his punishment. After a thorough review of the record and applicable law, we conclude the trial court properly sentenced the Defendant. As such, we affirm the trial court's judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Andy B. McAmis
The Warren County Grand Jury indicted Appellant, Andy McAmis, for one count of aggravated assault in connection with a fight. After a jury trial, Appellant was found guilty of reckless aggravated assault. The trial court sentenced Appellant to eight years as a Range II, standard offender. On appeal, Appellant argues that the evidence was insufficient to support his conviction and to rebut his assertion of the affirmative defense of self-defense; the trial court erred in denying his motion for mistrial; and the trial court erred in admitting inflammatory photographs. After a thorough review of the record, we conclude that the evidence was sufficient and that the trial court did not err in denying the mistrial or allowing the photographs into evidence. However, there is a mistake on the judgment form identifying Appellant as a Range I offender instead of a Range II offender. Therefore we affirm Appellant's conviction but remand for correction of the judgment. |
Warren | Court of Criminal Appeals |