Mai Gooch v. City of Murfreesboro
This workers’ compensation appeal has been referred to the Special Workers’ Compensation |
Rutherford | Workers Compensation Panel | |
State of Tennessee v. John Britt
The defendant, John Britt, appeals as of right his jury convictions in Shelby County Criminal Court for two counts of solicitation of first degree murder. The trial court imposed consecutive sentences of ten years as a Range I, standard offender for each count, resulting in a total effective sentence of twenty years. On appeal, he asserts that the trial court committed plain error in its admission of allegedly improper testimony, in failing to declare a mistrial due to improper behavior by the prosecutors during the trial, and in failing to adequately instruct the jury after the defendant was improperly impeached regarding a prior bad act. He also asserts that the trial court improperly overruled the defendant’s objection to testimony and commented on the evidence in the presence of the jury. Finally, he urges this court to find plain error in the trial court’s sentencing for multiple reasons, including allegations that the imposition of the enhanced length and consecutive manner of service violates Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004). Following our review, we affirm the defendant’s convictions for solicitation of first degree murder but conclude that the trial court’s imposition of sentences beyond the presumptive minimum violated Blakely. Therefore, upon remand, the trial court shall enter judgments to reflect sentences of eight years, for each count, to be served consecutively. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Timothy Ray Azbill
The defendant, Timothy Ray Azbill, was found guilty by a Decatur County jury of aggravated burglary, rape of a child, and especially aggravated kidnapping, and received an effective sentence of twenty-five years in the Department of Correction. The defendant challenges the sufficiency of the evidence supporting his convictions and the trial court’s application of sentencing enhancement factors. After review, we conclude that the defendant’s claims are without merit and affirm the judgments. However, we additionally conclude that, as to the convictions for rape of a child and especially aggravated kidnapping, the court began at the midpoint of the range, rather than the minimum as required, and, therefore, remand for resentencing as to those two offenses. |
Decatur | Court of Criminal Appeals | |
Tony Carruthers v. State of Tennessee
The petitioner, Tony Carruthers, appeals the denial of his petition for post-conviction relief. In April 1996, a Shelby County jury convicted the petitioner of the first degree murders of Marcellos Anderson, Delois Anderson, and Frederick Tucker and imposed a sentence of death for each conviction. The Tennessee Supreme Court affirmed the convictions and sentences on direct appeal. State v. Carruthers, 35 S.W.3d 516 (Tenn. 2000). In December 2001, the petitioner filed a pro se petition for post-conviction relief. By order entered April 16, 2002, the supreme court appointed a Davidson County post-conviction court to preside over the case. Post-conviction counsel was appointed and an evidentiary hearing was subsequently conducted on various dates between August 29, 2005, and November 3, 2005. On February 2, 2006, the post-conviction court entered an order denying the petition. On appeal to this court, the petitioner raises issues of ineffective assistance of pretrial and appellate counsel and prosecutorial misconduct. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Michael Hopkins. v. Bridgestone Firestone North American Tire, LLC
This worker's compensation appeal has been referred to the Special Worker's Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. Employee alleged that he had sustained a compensable aggravation of a pre-existing condition as a result of his employment. The trial court found that he failed to sustain his burden of proof on causation and dismissed his claim. Employee has appealed; he contends that the trial court erred in holding that he had not sustained a compensable injury. We affirm the trial court's judgment. |
Coffee | Workers Compensation Panel | |
Jonathan Ford, et al. v. Steve Corbin, et al.
This interlocutory appeal concerns the liability of a municipality. Pursuant to the municipality’s ordinances, a municipal inspector inspected a church building. The inspector sent a letter to the owners of the building notifying them that, due to the dilapidated condition of the building, they were in violation of a city ordinance. Over a year later, the building collapsed, killing four people, including three children, and injuring a fifth. The plaintiffs filed suit against the municipality for negligence based on the initial inspection and the municipality’s failure to take appropriate action after the initial inspection. Three separate lawsuits were consolidated into this action. The municipality filed a motion for summary judgment, arguing that it was immune from liability. The motion was denied. The municipality was then granted permission for this interlocutory appeal. On appeal, we affirm in part and reverse in part the trial court’s denial of summary judgment, holding that the defendant municipality may not be immune from liability for some claims under the facts presented in this case. |
Shelby | Court of Appeals | |
State of Tennessee v. Sherman Boddie
The defendant, Sherman Boddie, was convicted in the Tipton County Circuit Court of driving under the influence (DUI) and DUI per se. The trial court merged the convictions and sentenced the defendant to eleven months and twenty-nine days, to be served on unsupervised probation after fortyeight hours incarceration. On appeal, the defendant argues that the trial court erred in denying his motion to suppress evidence of his intoxication, because the sobriety roadblock where he was stopped violated the Tennessee Constitution. We hold that the roadblock was constitutional and affirm the trial court’s denial of the motion to suppress. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Sammy Morrison
A Grundy County jury convicted the Defendant, Sammy Morrison, of driving under the influence and resisting arrest. The trial court sentenced him to eleven months, twenty-nine days, with all but forty hours suspended for the DUI and to five days, suspended, for the resisting arrest conviction. On appeal, the Defendant argues that there was not sufficient evidence to support his convictions. After a thorough review of the evidence and applicable law, we affirm the judgments of the trial court. |
Grundy | Court of Criminal Appeals | |
State of Tennessee v. John Kenneth Hayes
The defendant, John Kenneth Hayes, was convicted of theft of property over $10,000, a Class C felony, and sentenced as a Range I, standard offender to four years in the Department of Correction. On appeal, he argues that the trial court erred in ordering that he serve 120 days in confinement prior to being placed on community corrections. Following our review, we affirm the judgment of the trial court but remand for entry of a corrected judgment to reflect the community corrections service of the defendant’s sentence. |
Lauderdale | Court of Criminal Appeals | |
Randy Bernard Mitchell v. State of Tennessee
The petitioner, Randy Bernard Mitchell, appeals the denial of his petition for post-conviction relief, arguing that his trial counsel was ineffective for failing to adequately investigate his case and for failing to fully explain the ramifications of his guilty plea. Following our review, we affirm the denial of the petition. |
Dyer | Court of Criminal Appeals | |
Rodney Smith v. State of Tennessee
The Appellant, Rodney Smith, appeals the trial court's dismissal of his petition for habeas corpus relief. The Appellant fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the judgment of the trial court is affirmed. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Danny Ray Thornhill
The Defendant, Danny Ray Thornhill, appeals from the order of the Blount County Circuit Court revoking his probation. In May of 2006, the Defendant pled guilty to aggravated assault, a Class C felony, and was sentenced as a Range I, standard offender to three years in the Department of Correction. His sentence was suspended, and he was placed on supervised probation. Approximately four months later, the trial court issued a violation of probation warrant. After a hearing, the trial court found that the Defendant had violated the conditions of his probation and ordered that his original three-year sentence be served in confinement. On appeal, the Defendant argues that the trial court abused its discretion by finding that he had violated the terms of his probation. Following our review, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Justin Bradley Haynie
A jury convicted the Defendants, Justin Bradley Haynie, Jonathan Anthony Morris, and Judson F. Ouzts, of one count of possession of over .5 grams of cocaine with the intent to deliver, a Class B felony, and one count of possession of alprazolam with the intent to deliver, a Class D felony. Defendants Haynie and Morris were both sentenced to eight years and ten months for the cocaine conviction and to a concurrent, two-year sentence for the alprazolam conviction. Defendant Ouzts was sentenced to eight years for the cocaine conviction; in all other regards, his sentence was the same. Each Defendant was ordered to complete his sentence through the Community Corrections Program after serving part of the sentence in the county jail. In this appeal, the Defendants collectively raise three issues: (1) whether the trial court erred by denying the Defendants’ pretrial motions to suppress the evidence recovered from a search of Defendant Ouzts’s vehicle; (2) whether the evidence was sufficient to support their convictions; and (3) whether the State’s closing argument was improperly prejudicial. Defendant Ouzts raises two additional issues: (1) whether the trial court erred in allowing testimony amounting to a legal conclusion; and (2) whether a juror’s bias required a new trial. Following our review, we affirm the judgments of the trial court on the cocaine convictions, but we reverse the judgments entered on the alprazolam convictions and remand for resentencing and proceedings consistent with this opinion. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Billy L. Couch, M.D. A/K/A Dr. B. L. Couch, et al.
Defendant doctor appeals an award of summary judgment to the State in this action brought pursuant to the Tennessee Consumer Protection Act (TCPA) in connection with the sale and administration of flu vaccine. The trial court found the defendant doctor guilty of two hundred seventy (270) violations of the TCPA for vaccinating fifty-four (54) patients with serum manufactured for the previous flu season while representing it would protect them in the upcoming flu season; awarded restitution to the patients, imposed a civil penalty of $50 per violation, and awarded $10,500 in attorney’s fees and costs for investigation; and issued permanent injunction prohibiting doctor from selling or administering a flu vaccine manufactured for a previous flu season. On appeal, defendant doctor contends he established that two material facts were in dispute. We affirm. |
Gibson | Court of Appeals | |
State Farm Fire & Casualty Company v. Darrell Sparks, et al.
This appeal arises out of an action for declaratory judgment brought by an insurer. The insurer asked the court to determine whether its homeowners’ and personal liability umbrella policies afforded coverage and required defense of a tort action filed against its insured. The tort action involved an accident that occurred at the site of an oil well, which was owned and operated by a partnership in which the insured parties were partners. The insureds’ insurance policies excluded coverage for losses arising out of their “business pursuits.” The trial court granted partial summary judgment to the insureds and ordered the insurer to defend and indemnify the insureds in the underlying tort action. For the following reasons, we reverse. |
Shelby | Court of Appeals | |
Thomas Len Proffitt v. Howard Carlton, Warden, and the State of Tennessee
The petitioner, Thomas Len Profitt, appeals the Johnson County Criminal Court’s dismissal of his 2007 petition for habeas corpus relief. In response, the State moved this court pursuant to Tennessee Court of Criminal Appeals Rule 20 to summarily affirm the criminal court’s order. Because the record shows that the Rule 20 terms for summary affirmance are met, we grant the motion and affirm the criminal court’s order. |
Johnson | Court of Criminal Appeals | |
Charles Raines, as Administrator of the Estate of Zelma Raines, deceased, v. National Health Corporation
This case was filed as a nursing home neglect case. The issue before the Court relates to the enforceability of an arbitration agreement signed during the nursing home admissions process by the holder of a durable power of attorney. The trial court denied the appellants’ motion to compel arbitration. It held that the arbitration agreement was beyond the authority of the attorney-in-fact, and, therefore, it did not reach questions related to the capacity of the decedent to execute the durable power of attorney; nor did it address the unconscionability of the agreement. We reverse the trial court as to its ruling on the authority of the attorney-in-fact and remand for a hearing and decision on the other issues not previously reached below. |
Rutherford | Court of Appeals | |
Ricky Holloway et al. v. Cyril Evers, et al.
A contractor who was a partner in a subdivision development venture sold his interest to the other partners for $175,000. He subsequently filed a complaint against them alleging that they had deliberately taken advantage of his weak financial and physical condition to force him out the partnership. His complaint included claims for violation of fiduciary duty, duress and fraud. The trial court dismissed the contractor’s claim on summary judgment. We affirm. |
Maury | Court of Appeals | |
State of Tennessee v. Charles Thomas Lard, II and Doreen Rebeca Gates Lard
The Appellants, Charles Thomas Lard, II, and Doreen Rebeca Gates Lard, each pled guilty in the Tipton County Circuit Court to possession of one-half ounce or more of marijuana with intent to deliver and to the manufacture of one-half ounce or more of marijuana, both Class E felonies. Pursuant to a plea agreement, the Lards reserved the following certified question for consideration by this court on appeal: whether the trial court erred in denying their respective motions to suppress evidence and statements obtained by the police after a search of their home, based upon its finding that the Lards knowingly and voluntarily consented to the search. After thorough consideration of the arguments of the parties and the record on appeal, we affirm. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Leodish Coe
The defendant, Leodish Coe, pled guilty to fourth offense driving under the influence (DUI) and reserved a certified question of law. The question presented for review is whether the indictment properly charged a fourth offense DUI and whether the defendant’s present offense constitutes a fourth offense DUI under Tennessee Code Annotated section 55-10-403. After review, we conclude the answer to both questions is affirmative and affirm the judgment from the trial court. |
Shelby | Court of Criminal Appeals | |
Jose Ramirez v. State of Tennessee
The petitioner, Jose Ramirez, pled guilty to aggravated assault and the trial court, pursuant to a plea agreement, sentenced him to a three-year sentence to be served on supervised probation. The court dismissed the petition, finding that the petitioner had filed his petition outside the one-year statute of limitations period. After review, we affirm the judgment of the post-conviction court. |
Wilson | Court of Criminal Appeals | |
Pervis Payne v. State of Tennessee
In 1988, the Petitioner, Pervis Payne, was convicted of two counts of first degree murder and one count of assault with intent to commit first degree murder. For the capital offenses, the jury imposed sentences of death. The trial court imposed a sentence of thirty years confinement for the non-capital conviction. The convictions and sentences were affirmed on direct appeal by the Tennessee Supreme Court. State v. Payne, 791 S.W.2d 10 (Tenn. 1990), aff’d by, 501 U.S. 808, 111 S. Ct. 2597 (1991). The Petitioner later sought post-conviction relief which pursuit was unsuccessful. See Pervis Tyrone Payne v. State, No. 02C01-9703-CR-00131 (Tenn. Crim. App., at Jackson, Jan. 15, 1998), perm. to appeal denied, (Tenn. Jun. 8, 1998). On September 7, 2006, the Petitioner filed a motion to compel testing of evidence under the Post-Conviction DNA Analysis Act of 2001. The post-conviction court denied the motion on March 29, 2007. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Ross Products Division Abbott Laboratories, v. State of Tennessee
A manufacturer of infant formula entered into a contract with the State of Tennessee to furnish large quantities of its products to retailers for the federally-funded WIC program. The contract included a cash rebate which the manufacturer agreed to pay the State for each can furnished, to offset the cost of administering the program. After operating under the contract for four years, the manufacturer unilaterally decided to reduce the size of the cans it was providing, and it asked the state to reduce the rebate proportionally. The State refused, citing a provision in the contract that precluded rebate reductions. The manufacturer then filed an administrative claim, asking for a $1.2 million refund of its alleged overpayment of rebates. The Claims Commissioner granted Summary Judgment to the State. We affirm the Commissioner’s judgment. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Tennessee Claims Commission Affirmed |
Davidson | Court of Appeals | |
State of Tennessee v. Heath Alan Womble
The defendant, Heath Alan Womble, pled guilty to possession with the intent to sell a schedule II drug, a class B felony, possession with the intent to sell a schedule III drug, a class D felony, and possession of a schedule IV drug, a class A misdemeanor, and received an effective total sentence of nine years and six months. The trial court denied his application for alternative sentencing and ordered that his sentence be served in confinement. He appeals the manner of service of his sentence, particularly the denial of community corrections. We affirm the judgment of the trial court. |
Moore | Court of Criminal Appeals | |
State of Tennessee v. Michael D. Boon
Following a bench trial, Defendant, Michael D. Boon, was found guilty of driving under the influence (DUI), first offense, a Class A misdemeanor. The trial court sentenced Defendant to eleven months, twenty-nine days, to be suspended after serving forty-eight hours in confinement. On appeal, Defendant argues that the trial court erred in denying his motion to suppress and contends that the admission of certain testimony violated his constitutional right to confront witnesses. After a thorough review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals |