State of Tennessee v. Walfrido L. Rodriguez
The defendant, Walfrido L. Rodriguez, appeals from his Davidson County Criminal Court jury convictions of second degree murder and aggravated assault, claiming that the trial court erred by instructing the jury to consider the charges sequentially, that the convicting evidence is insufficient, and that the trial court erred in rejecting a request for a special jury instruction. We discern no reversible error and affirm the convictions. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Daniel Potin
The appellant, Daniel Potin, was found guilty by a jury in the Shelby County Criminal Court of possession of .5 grams or more of cocaine with the intent to sell. The trial court sentenced the appellant to nine years in the Tennessee Department of Correction and imposed a fine of $20,000. On appeal, the appellant challenges the sufficiency of the evidence, the trial court’s designation of a witness as an expert, and the fine imposed. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee, ex rel. Willie Beard v. Stacey Hannah
This is a Title IV child support case. The State appeals from the trial court’s Order refusing to set support because the Petitioner did not have legal custody of the child at the time she received public assistance from the Department of Human Services, nor was the biological parent given notice that she would have to reimburse the Department of Human Services for moneys spent on behalf of her son when she placed him in the custody of the Petitioner. We reverse and remand. |
Gibson | Court of Appeals | |
Martha Flowers (Hasenmueller) v. Steven Lee Hasenmueller
This is a contempt action arising out of a divorce. The parties’ final decree of divorce incorporated a marital dissolution agreement. The husband filed a petition for civil and criminal contempt against the wife for several alleged violations of the martial dissolution agreement. At the first hearing on the husband’s petition, the husband requested leave of court to amend his petition for contempt. Leave to amend was granted, and in light of the amendment, the trial court ordered a two-day continuance of the hearing. When the proceedings were reconvened, the trial court ruled that the wife had committed three violations of the marital dissolution agreement. The trial court awarded the husband $12,000 in attorney’s fees for prosecuting the contempt petition. The wife appeals, asserting that the trial court erred in granting the husband leave to amend his petition, finding that the wife violated the terms of the MDA, and in awarding the husband $12,000 in attorney’s fees. We affirm the grant of leave to amend the petition and the finding that the wife violated the terms of the MDA. However, the award of attorney’s fees is vacated and the cause remanded for reconsideration of this issue. |
Shelby | Court of Appeals | |
Lori Ann Russ v. Stephen Russ
This appeal stems from a divorce case. In this appeal, we are asked to determine whether the chancery court erred when it named the wife as the primary residential parent, when it adopted a visitation schedule requiring the children to be transported between husband and wife on a daily basis during the week, and when it declined to award husband alimony. The husband contends on appeal that naming him primary residential parent and adopting his permanent parenting plan would be less disruptive on the children. Further, he asserts that the court should have awarded him alimony as he was the economically disadvantaged spouse and has a limited income due to his medical condition. We affirm in part, reverse in part, and remand. |
Giles | Court of Appeals | |
Nicole Francois v. Linda Willis
This appeal involves a request for prejudgment interest in a personal injury case. After the Circuit Court for Cheatham County entered a $27,787.50 judgment for the prevailing motorist, the motorist filed a post-trial motion seeking prejudgment interest. The trial court denied the motion, and the prevailing motorist appealed. We affirm the trial court because prejudgment interest in not available in personal injury cases. |
Cheatham | Court of Appeals | |
Earl Jerome Lee v. Glen Turner, Warden
The petitioner, Earl Jerome Lee, pled guilty to aggravated kidnapping, attempted felony escape, concealing stolen property, and fraudulent use of a credit card, and he received a total effective sentence of forty years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for a writ of habeas corpus, alleging that the sentences imposed were illegal. The habeas corpus court dismissed the petition without appointing counsel or conducting an evidentiary hearing. The petitioner appeals the dismissal. Upon our review of the record and the parties’ briefs, we affirm the judgment of the habeas corpus court. |
Hardeman | Court of Criminal Appeals | |
George Palmetree, et al. v. Jess Rivera and Jess Rivera d/b/a Construction Services
The trial court entered a default judgment in favor of Plaintiffs in an action alleging breach of contract, fraud, and violations of the Tennessee Consumer Protection Act, and denied Defendant’s Rule 60.02 motion to set aside the judgment. We reverse and remand for further proceedings. |
Obion | Court of Appeals | |
Gary Weaver, et al. v. Thomas R. McCarter, et al.
Plaintiffs Gary and Gail Weaver filed suit against Coldwell Banker Hoffman-Burke, Inc. Realtors (“Defendant CBHB”), Jim Perdue (“Defendant Perdue”), Thomas McCarter (“Defendant McCarter”), and Chip Hunter (“Defendant Hunter”) seeking damages resulting from a failed real estate sale. The Plaintiffs specifically sought damages from Defendants CBHB and Perdue for negligence per se, negligent misrepresentation, and fraud. The trial court granted summary judgment in favor of the Plaintiffs on the issue of liability for all Defendants, but reserved ruling on damages for trial. At trial, the trial court awarded the Plaintiffs damages in the amount of $134,225.06 plus attorney’s fees and held all Defendants jointly and severally liable for the entire award. Both the Plaintiffs and Defendants CBHB and Perdue assert various issues on appeal. For the reasons stated below, we affirm in part, reverse in part, and remand this case for further proceedings. |
Shelby | Court of Appeals | |
Peggy Armstrong v. Metropolitan Nashville Hospital Authority
This appeal involves the discharge of a clerical employee by the Metropolitan Nashville General Hospital. After her discharge was upheld by the Metropolitan Nashville Hospital Authority, the employee filed a petition in the Chancery Court for Davidson County seeking judicial review of the decision to discharge her. The trial court affirmed the discharge, and the employee has appealed. Like the trial court, we have determined that the decision to discharge the employee for deficient and inefficient performance of duties is supported by substantial and material evidence. |
Davidson | Court of Appeals | |
Jerry Joyner v. Personal Finance Corporation
This is a summary judgment case. Appellant/Husband and his ex-wife entered into a marital dissolution agreement wherein the ex-wife was awarded the marital residence subject to the condition that should she choose to sell the property Appellant was then entitled to $20,000.00 from the net proceeds of the sale. The ex-wife refinanced the property and executed a Deed of Trust in favor of the Appellee. When ex-wife defaulted on her payments, Appellee foreclosed on the property. Appellant/Husband filed suit against the Appellee seeking enforcement of an equitable lien against the property. The trial court granted summary judgment in favor of the Appellee. We affirm. |
Henry | Court of Appeals | |
David Keen v. State of Tennessee
Capital Petitioner David Keen appeals as of right the judgment of the Shelby County Criminal Court denying his petition for post-conviction relief. Petitioner Keen pled guilty to first degree felony murder committed in the perpetration of the rape of eight-year-old Ashley Nicole (Nikki) Reed. See State v. Keen, 31 S.W.3d 196 (Tenn. 2000); State v. Keen, 926 S.W.2d 727 (Tenn. 1996). He was sentenced to death. On direct appeal, the petitioner’s conviction was affirmed, but the supreme court reversed and remanded the sentence of death after finding reversible error due to erroneous jury instructions. Keen, 926 S.W.2d at 736. On remand, the jury, again, imposed the penalty of death. Keen, 31 S.W.3d at 202. Our supreme court affirmed the sentence of death on direct appeal. Id. A pro se petition for post-conviction relief was filed on May 3, 2001, which was followed by the appointment of counsel and an amended petition on November 16, 2001. An evidentiary hearing was conducted and, on August 2, 2004, the post-conviction court denied relief and dismissed the petition. On direct appeal to this Court, the petitioner presents for our review the following claims: (1) whether the petitioner was denied a fair trial due to jury misconduct; (2) whether the petitioner received constitutionally effective assistance of counsel at his sentencing hearing; (3) whether the death sentence violates the holdings in Apprendi, Ring, or Jones; (4) whether the prosecutor’s discretion in seeking the death penalty violates Bush v. Gore; (5) whether the imposition of the death penalty is unconstitutional; and (6) whether imposition of the death penalty violates international |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Edward Jankowski, Sr.
The Defendant, Edward Jankowski, Sr., appeals from the sentencing decision of the Sequatchie County Circuit Court. The Defendant pled guilty to one count of incest. The victim was his eighteen-year-old daughter. Pursuant to the terms of the plea agreement, he received a six-year sentence as a Range I, standard offender, and the manner of service was to be determined by the trial court. 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. |
Sequatchie | Court of Criminal Appeals | |
State of Tennessee v. Mario Johnson
This is a direct appeal from convictions on a jury verdict of four counts of aggravated robbery. See Tenn. Code Ann. § 39-13-402. The Defendant was sentenced as a Range II, multiple offender to sixteen years for each conviction to be served consecutively in part for an effective thirty-two-year sentence. On appeal, the Defendant raises four issues: (1) the trial court erred in consolidating the Defendant’s two indictments for a single trial; (2) the admission of hearsay statements is plain error; (3) the trial court erred in failing to instruct the jury on the lesser-included offense of aggravated assault; and (4) the trial court’s imposition of consecutive sentences violated the Defendant’s constitutional rights pursuant to Blakely v. Washington, 542 U.S. 296 (2004). We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Cassandra Robinson
The defendant, Cassandra Robinson, was convicted of conspiracy to commit aggravated robbery, aggravated robbery, and aggravated assault. The trial court imposed Range I, concurrent sentences of four years, nine years, and four years, respectively. In this appeal, the defendant asserts that the evidence was insufficient to support her convictions. The judgments of the trial court are affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ernest Cunningham, Jr.
The defendant, Ernest Cunningham, Jr., appeals his convictions for facilitation of sale of cocaine under .5 grams (Class D felony) and possession of .5 grams or more of cocaine with the intent to sell (Class B felony). The defendant received concurrent sentences of twelve years for the facilitation offense and thirty years for possession with intent to sell, as a career offender with a 60% release eligibility date. The sole issue on appeal is whether the evidence was sufficient to support the convictions. Our review reveals that the evidence was sufficient. The judgments of conviction are hereby affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jonathan Wesley Stephenson - Concurring/Dissenting
While I concur in part with the conclusion of the majority affirming Stephenson’s convictions, I respectfully dissent from that portion of the majority’s opinion concluding that the Sixth Amendment right to confrontation of witnesses and the state constitutional right to confront witnesses “face-to-face” does not apply to capital sentencing hearings. The Sixth Amendment provides: “In all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.” U.S. Const. amend. VI. Similarly, Article I, section 9 of the Tennessee Constitution provides “[t]hat in all criminal prosecutions, the accused hath the right . . . to meet the witnesses face to face . . . .” It is disingenuous to argue that the sentencing phase of a capital murder case–tried before a jury–is not a critical part of a “criminal prosecution” covered by these provisions.1 |
Cocke | Supreme Court | |
State of Tennessee v. Jonathan Wesley Stephenson
The appeal in this capital case arises from the resentencing of Jonathan Wesley Stephenson, who was convicted in 1990 of first degree murder and conspiracy to commit first degree murder for his role in the contract killing of his wife. Following the resentencing hearing, the jury imposed a sentence of death, and the Court of Criminal Appeals affirmed. Upon automatic appeal under Tennessee Code Annotated section 39-13-206(a)(1), we designated the following issues for oral argument:1 1) Do dual sentences of incarceration for conspiracy and death for first degree murder in this case violate double jeopardy; 2) Did the trial court err in admitting the prior testimony of two witnesses, Glen Brewer and Michael Litz; 3) Did the trial court err in not considering the defendant’s motion to suppress his statement to the police; 4) Did the trial court lack jurisdiction to resentence the defendant; and 5) Is the defendant’s death sentence comparatively proportionate and is the sentence valid under the mandatory review of Tennessee Code Annotated section 39-13-206(c)(1). Having carefully reviewed the record and relevant legal authority, we conclude that none of the errors alleged by the defendant warrants relief. With respect to issues not herein specifically addressed, we affirm the decision of the Court of Criminal Appeals. Relevant portions of that opinion are published hereafter as an appendix. Accordingly, the judgment of the Court of Criminal Appeals is affirmed. Tenn. Code Ann. § 39-13-206(a)(1); Judgment of the Court of Criminal Appeals Affirmed. |
Cocke | Supreme Court | |
Jeffrey L. Barnett v. City of Murfreesboro
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 to the Supreme Court our findings of fact and conclusions of law. In this appeal, the |
Rutherford | Workers Compensation Panel | |
James McClennon v. State of Tennessee
The petitioner, James McClennon, appeals the denial of his petition for post-conviction relief in which he asserted various instances of ineffective assistance of counsel. A review of the record reveals support for the findings of the post-conviction court. We affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Larry Payne
A Shelby County Criminal Court jury convicted the appellant of four counts of aggravated robbery against two victims, and the appellant received an effective thirty-six-year sentence. In this appeal, the appellant claims (1) that the evidence is insufficient to support the convictions; (2) that the trial court erred by requiring Detention Response Team personnel to sit next to him in the courtroom and while he testified; and (3) that his sentences are excessive. After a thorough review of the record, we conclude that the four convictions should be merged into two convictions and that the case should be remanded for entry of corrected judgments consistent with this opinion. In all other respects, the judgments of the trial court are affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee, ex rel., Sharon Denise Townsend v. Eric Wayne Williamson
This appeal concerns two related, but distinct, proceedings in Juvenile Court. One was a custody proceeding, and the other a contempt of court proceeding arising from a failure to comply with child support obligations. Separate docket numbers were assigned to each case. After a judgment was rendered in the contempt proceeding, the father filed a notice of appeal. Several months later, another judgment was rendered in the custody modification proceeding. No notice of appeal was filed for the custody modification proceeding. After the case was appealed to the Court of Appeals, the father obtained a consolidation order from the Juvenile Court. On appeal, the father argues only that the Juvenile Court erred in its custody order. Finding that neither of the two orders is final and appealable, we must dismiss the father’s appeal based upon a lack of jurisdiction and remand all proceedings to the Juvenile Court. |
Shelby | Court of Appeals | |
State of Tennessee v. Robert L. Mitchell
The defendant, Robert L. Mitchell, was convicted of especially aggravated kidnapping, two counts of aggravated kidnapping, and assault. Later, the two aggravated kidnapping convictions were merged. The trial court sentenced the defendant as a violent offender to twenty-five years for the especially aggravated kidnapping, twelve years for the aggravated kidnapping, and eleven months and twenty-nine days for the assault. Because the kidnapping sentences are to be served consecutively, the effective sentence is thirty-seven years. In this appeal of right, the defendant claims that (1) the evidence is insufficient to support his kidnapping convictions; (2) the trial court erred by admitting evidence of prior bad acts; and (3) his sentence is excessive. The judgments of the trial court are affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Chad Michael Knight
The Appellant, Chad Michael Knight, appeals the sentencing decision of the Montgomery County Circuit Court. Following a jury trial, Knight was convicted of reckless endangerment, a Class A misdemeanor, and aggravated child abuse, a Class A felony, and sentenced to an effective term of twenty years, eleven months, and twenty-nine days in confinement. On appeal, Knight argues that the trial court erred in: (1) failing to apply various sentencing considerations which would have served to mitigate his sentence, as authorized by Tennessee Code Annotated section 40-35-113(13) (2003); and (2) refusing to sentence him as an especially mitigated offender in accordance with Tennessee Code Annotated section 40-35-109 (2003). After review of the record, we affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
Jerry Duke, d/b/a Moscow Manor Apartments v. Browning-Ferris Industries of Tennessee, Inc., et al.
Plaintiff/Appellant filed suit against Defendants/Appellees claiming that Defendants/Appellees had violated the Tennessee Trade Practices Act, the Tennessee Consumer Protection Act, and the common law doctrines of good faith and fair dealing, and unjust enrichment in its contracting for commercial waste hauling services in the Memphis area. The trial court granted summary judgment in favor of Defendants/Appellees on both the statutory violation claims and the common law claims. We affirm. |
Fayette | Court of Appeals |