Marcus Nixon v. State of Tennessee
The petitioner, Marcus Nixon, was convicted by a Lauderdale County jury of rape of a child. His conviction was affirmed on appeal. State v. Marcus Vashawn Nixon, No. W2003-01909-CCA-R3-CD, 2004 WL 2058927, at *1 (Tenn. Crim. App. Sept. 15, 2004). The petitioner subsequently filed a petition for DNA analysis pursuant to Tennessee Code Annotated section 40-30-304, that was denied by the trial court; the denial was affirmed by this court. Marcus Nixon v. State, No. W2005-02158-CCA-R3-WM, 2006 WL 851764 (Tenn. Crim. App. Apr. 3, 2006). On September 15, 2005, he filed a pro se petition for post-conviction relief alleging ineffective assistance of counsel and due process violations. After the appointment of counsel, appropriate amendment to the petition, and a full evidentiary hearing, the trial court denied relief. Following our review, we affirm. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Alonzo Ladon Mason
The defendant, Alonzo Ladon Mason, appeals from his Bedford County Criminal Court jury conviction of possession of a handgun by a convicted felon. He claims that the trial court erred in admitting a 9-1-1 tape recording into evidence and that the verdict is not supported by legally sufficient evidence. Because we disagree, we affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. James Albert Pippin
The Defendant, James Albert Pippin, was convicted by a Putnam County jury of seven counts of aggravated assault and one count of resisting arrest. On appeal, he alleges the trial court improperly denied him judicial diversion at sentencing. After a thorough review of the record and applicable law, we affirm the judgments of the trial court. |
Putnam | Court of Criminal Appeals | |
Crystal Capitol, LLC v. Katharine McManus Barber - Dissenting
I regret that I cannot concur with the court’s opinion in this case. Based on the law, I cannot conclude, as the court has done, that the trial court abused its discretion by denying Ms. McManus’s tardy Tenn. R. Civ. P. 60.02 motion to set aside the properly granted default judgment. |
Davidson | Court of Appeals | |
Crystal Capitol, LLC v. Katharine McManus Barber
The trial court refused to set aside a default judgment based upon the defendant’s delay in filing a motion to set aside. Because the defendant promptly notified the court that she had a meritorious defense, because the only evidence in the record shows the defendant did not willfully ignore the action against her, because the plaintiff has failed to allege or show any prejudice that would result from setting aside the judgment, and because relief should be granted where there is any reasonable doubt that the judgment by default should be set aside, we reverse. |
Davidson | Court of Appeals | |
State of Tennessee v. Klein Adlei Rawlins
The Defendant, Klein Adlei Rawlins, was convicted by a Sumner County jury of aggravated child abuse and first degree felony murder. On appeal, he alleges that: (1) his right to counsel was violated during police questioning in jail; (2) the trial court erred when it allowed autopsy photographs of the victim into evidence; (3) the trial court erred when it allowed an unqualified witness to give expert testimony; and (4) the evidence was insufficient to sustain his convictions. Because we conclude that no reversible error exists, we affirm the judgments of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Larry Daniel
The Defendant, Larry Daniel, appeals the sentence imposed after his probation was revoked due to an arrest for driving under the influence. Additionally, the Defendant asserts that the statute which prohibits credit from being given for time spent on probation is unconstitutional. After reviewing the record and applicable law, we find no error in the judgment of the trial court and affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. William Andrew Long
The Defendant, William Andrew Long, appeals from the sentencing decision of the Campbell County Circuit Court. In February of 2006, the Defendant pled guilty to kidnapping and robbery. Pursuant to the terms of the plea agreement, he received an effective twelve-year sentence as a Range I, standard offender, and the trial court was to determine the manner of service. Following a sentencing hearing, the trial court ordered the sentence to be served in the Department of Correction. On appeal, the Defendant argues that the trial court erred by ordering a sentence of total confinement rather than a less restrictive alternative. After review, the sentencing decision is affirmed. |
Campbell | Court of Criminal Appeals | |
Tri-State Home Improvement v. Marilyn Starks
The plaintiff contractor filed a complaint in Shelby County General Sessions Civil Court against the defendant for a debt owed for various house repairs performed according to a service contract. The case was appealed to the Shelby County Circuit Court. Discovery was conducted, and the defendant filed a motion for leave to file a counter-complaint, which the trial court granted. In her countercomplaint, the defendant alleged that the contractor had not fulfilled the terms of the contract within the specified time period, that the contractor had failed to make repairs in compliance with local building codes as provided by the contract, and that the contractor had failed to perform repairs in a workmanlike manner. A bench trial was held, and the trial court found that the defendant was entitled to offset the original contract price of $14,981 by $5,500, and it entered judgment in favor of the contractor for $9,481 representing the remaining contract price. The trial court denied the contractor any award of attorney’s fees, and it assessed court costs against the defendant. The defendant appealed to this Court. We affirm in part, reverse in part, and remand. |
Shelby | Court of Appeals | |
Madison County, Tennessee v. Dee Ann Culbreath, et al. and City of Jackson, Intervenor
This is a declaratory judgment action. The plaintiff county filed the instant lawsuit seeking a declaration that the defendant county library board of trustees has no authority under the pertinent Tennessee statute to contract with private entities for the management of the local library. The city intervened, arguing that the library board had the authority under the statute to enter into such contracts. Upon stipulated facts, the trial court held that the statute at issue authorizes the library board to contract with private entities for the management of the county library. The county now appeals. We affirm, concluding that the authority conferred upon the county library board in Tennessee Code Annotated § 10-3-104 includes the authority to enter into private contracts for the management of the local library. |
Madison | Court of Appeals | |
State of Tennessee v. Marlon Meacham
Following a jury trial, Defendant, Marlon Meacham, was convicted of one count of aggravated robbery and one count of aggravated burglary. Defendant was sentenced to serve nine years for the robbery conviction and six years for the burglary conviction, to be served concurrently in the Tennessee Department of Correction, for a total effective sentence of nine years. In this appeal, Defendant argues that 1) the evidence was insufficient to sustain his convictions for aggravated robbery and aggravated burglary, (2) the State improperly refreshed the recollection of Javonta Charles, and (3) the State improperly questioned Defendant about his pre-arrest silence in violation of his Fifth Amendment due process rights. After a thorough review of the record, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
O'Rane M. Cornish, Sr. v. The Home Depot, Incorporated
This case arises from the trial court’s grant of summary judgment in favor of Defendant/Appellee on a malicious prosecution complaint filed by Plaintiff/Appellant. Defendant/Appellee certified that it mailed copies of its filings, including its motion for summary judgment, to an incorrect address for Plaintiff/Appellant. Under Tenn. R. Civ. P. 5.02, if by mail, service must be made to the last known address of the party. Because Defendant/Appellee mailed its notice to an incorrect address, Plaintiff/Appellant was not properly noticed. We reverse and remand. |
Shelby | Court of Appeals | |
Robert J. Denley Co., Inc. v. Neal Smith Construction Company, Inc., et al.
The parties to a construction contract dispute the enforceability of its arbitration provision. The trial court refused to enforce the arbitration provision. The construction company appealed. The developer argues that the arbitration provision is unenforceable because it did not assent to arbitration, or alternatively, the arbitration provision was induced by fraud or unconscionable. The developer also claims that the defendants waived their right to arbitrate, and that they lack standing to enforce the right to arbitrate. For the following reasons, we reverse the decision of the chancery court and remand for entry of an order compelling arbitration. |
Madison | Court of Appeals | |
State of Tennessee v. Devonna Barbee
Following a jury trial, the defendant, Devonna Barbee, was found guilty of felony reckless endangerment (Class E felony). She was sentenced as a Range I, standard offender, to a one-year community corrections sentence with sixty days to be served in jail. She appeals, contending the trial court erred by failing to grant her judicial diversion. After careful review, we conclude the trial court properly denied judicial diversion, and we affirm the judgment from the trial court. |
Lauderdale | Court of Criminal Appeals | |
Daniel Bradshaw v. Chattanooga Railcar Services, LLV, and Kingsport Rail Car Services, LLC
Plaintiff sued corporate defendants alleging that defendants failed to make proper distribution to shareholders under the operating agreements of each company. The Trial Court held that plaintiff received cash distributions from one of the companies or from KRS sufficient to pay his income tax liability under the terms of the operating agreement, but no distribution was made by CRS. On appeal, plaintiff argues that CRS, a separate entity from KRS, was required under the operating agreement to distribute to the plaintiff funds sufficient to pay his tax liability, since distributions were made to other members. Under the plain language of the agreement, we agree that plaintiff was due a distribution and we remand for the Trial Court to determine the proper amount. |
Hamilton | Court of Appeals | |
State of Tennessee v. Tony Bell
After a bench trial, the Shelby County Criminal Court convicted the appellant of burglary of a building, a Class D felony, and sentenced him as a career offender to twelve years in the Department of Correction. On appeal, the appellant claims the evidence is insufficient to support the conviction. Upon review of the record and the parties briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Barry Sotherland v. State of Tennessee
The Petitioner, Barry Sotherland, appeals the summary dismissal of his petition for a writ of habeas corpus. The Petitioner claims that his concurrent life sentences for aggravated rape and aggravated kidnapping are illegal because he was convicted of these charges while on parole for another felony and the sentencing court failed to explicitly order that this new sentence be served consecutively to the sentence for the paroled offense. Following a thorough review of the record and applicable law, we affirm the judgment of the Wayne County Circuit Court summarily dismissing the petition. |
Wayne | Court of Criminal Appeals | |
Calvin Westervelt v. State of Tennessee
Claimant sought to recover for injuries allegedly caused by an agency of the State. The Claims Commission found claimant to be 65% at fault. Therefore, under the rule of comparative fault adopted in McIntyre v. Ballentine, Claimant was precluded from an award of damages. Claimant asks this Court to affirm in order that he may proceed with the appellate process. We affirm. |
Court of Appeals | ||
Outdoor Management, LLC, et al. v. William H. Thomas, Jr.
Appellant appeals from the trial court’s orders finding Appellant in civil contempt and awarding attorneys’ fees and costs to Appellees. We affirm. |
Shelby | Court of Appeals | |
Kenneth Polly v. Saturn Corporation
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. On this appeal, the employer, Saturn Corporation (Saturn), challenges the finding of the trial court that the avascular necrosis (AVN) suffered by the employee, Kenneth Polly, was advanced by his work activities and that the injury sustained by him was compensable under the Workers’ Compensation Law. We agree with the trial court’s finding and affirm. |
Marshall | Workers Compensation Panel | |
Samantha D. Reed v. First Horizon National Bank, et al.
Appellant challenges the trial court’s order adopting the Report of the Special Master, dismissing her case, and authorizing foreclosure proceedings. We affirm. |
Shelby | Court of Appeals | |
Lanier Worldwide, Inc. v. State of Tennessee, et al.
This case involves the protest of a bid made pursuant to an invitation to bid issued by the State for copy machines. Upon protest made by several of the bidders as to the bid made by the selected bidder, the board of standards, after review, awarded the contract to the selected bidder. The next qualified bidder filed suit in chancery court, and the chancery court reversed the decision of the board of standards and awarded the contract to the complaining bidder. The State-defendants and the selected bidder appeal. We reverse and remand. |
Davidson | Court of Appeals | |
State of Tennessee v. Jonathan P. Taylor
The defendant, Jonathan P. Taylor, was convicted by a Dyer County jury of aggravated robbery and was sentenced to eight years incarceration. On appeal, he challenges the sufficiency of the convicting evidence. Following our review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
Anthony Bond #249793 v. Tennessee Department of Correction
While an inmate at the South Central Correctional Facility, Anthony Bond was found guilty by the prison disciplinary board of assault on a visitor, placed in punitive segregation for 15 days, and ordered to pay a $5 fine. Mr. Bond challenged the conviction by filing a petition for writ of certiorari in the Wayne County Chancery Court. The trial court, after granting the petition and reviewing a certified copy of the disciplinary record, found that Mr. Bond was not entitled to any relief and dismissed the case. After careful review, we affirm the judgment of the trial court. |
Wayne | Court of Appeals | |
Donald F. Bradford, et al v. James W. Sell, et al
The issue presented in this lease dispute is whether the landlord or the tenant is responsible for payment of the costs of ad valorem real estate taxes and premiums for fire and extended coverage insurance. We hold that pursuant to the clear and unambiguous agreement of the parties, the tenant is responsible for the costs at issue. We therefore reverse the judgment of the trial court. |
Washington | Court of Appeals |