State of Tennessee v. John Liddell
Following a jury trial, Defendant, John Liddell, was convicted of two counts of theft of property valued at $500 or less, a Class A misdemeanor; one count of the aggravated assault of Robert Bolinger, a Class C felony; and one count of the aggravated assault of Cheffie Hurt, a Class C felony. The trial court sentenced Defendant to concurrent sentences of thirteen years as a Range III, persistent offender for each felony conviction, and eleven months, twenty-nine days for each misdemeanor conviction, for an effective sentence of thirteen years. Defendant does not appeal the length of his sentences or the sufficiency of the evidence supporting his theft convictions. In his appeal, Defendant argues that the evidence is insufficient to support his two convictions of aggravated assault. After a thorough review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ronald Clinton
Following a jury trial, Defendant, Ronald Clinton, was convicted of one count of the unauthorized use of a motor vehicle, a Class A misdemeanor; one count of evading arrest, a Class E felony; and one count of simple assault, a Class A misdemeanor. Following a sentencing hearing, the trial court sentenced Defendant to eleven months, twenty-nine days for each misdemeanor conviction, and six years as a Range III, career offender, for his felony conviction, and ordered the sentences to be served consecutively. Defendant does not challenge the sufficiency of the evidence supporting his assault conviction, or the length or manner of service of his sentences. In his appeal, Defendant argues that the evidence was insufficient to support his convictions for the unauthorized use of a motor vehicle and felony evading arrest. After a thorough review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jerry Bell
Following a jury trial, the Defendant, Jerry Bell, was convicted of two counts of aggravated robbery, one count of aggravated burglary, one count of aggravated assault, and one count of possession of a deadly weapon with the intent to employ it in the commission of aggravated robbery. On appeal, the Defendant argues that the evidence was insufficient to support his convictions because the State failed to prove his identity beyond a reasonable doubt. We conclude that the evidence is sufficient to support his convictions but that the convictions for both aggravated robbery and possession of a deadly weapon violate double jeopardy protections. The Defendant’s conviction for possession of a deadly weapon is dismissed. The Defendant’s remaining convictions and sentences are affirmed. We remand solely for the entry of an appropriate judgment consistent with this opinion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. DeCarlos Rodgers
The defendant, Decarlos Rodgers, pled guilty to possession of cocaine in an amount greater than 0.5 grams with intent to sell and convicted felon in possession of a handgun. He was sentenced to twelve and two years, respectively, to be served concurrently as a Range II offender. As a condition of his guilty plea, the defendant reserved a certified question of law pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure regarding whether the indictments against him should have been dismissed under a theory of promissory estoppel. After review, we conclude that the questions are properly certified and that the trial court ruled correctly in denying the motion to dismiss. |
Shelby | Court of Criminal Appeals | |
Dora W. Moore v. James G. Neeley, Commissioner of The Tennessee Department of Labor and Workforce Development, and U.S. Postal Service
This case involves a claim for unemployment compensation filed with the Tennessee Department of Labor and Workforce Development. The claimant was initially denied unemployment benefits based on the Agency’s finding that she had been terminated for work related misconduct. First-level appeals from agency decisions are allowed within fifteen days. The claimant appealed and an inperson hearing was scheduled. She requested a re-scheduling of the hearing, and her request was accommodated. She then canceled the second scheduled hearing and requested a withdrawal of her unemployment claim. Later, she attempted to re-appeal the initial agency determination outside the |
Shelby | Court of Appeals | |
Earl Ingram and Christa Ingram v. Cendant Mobility Financial Corporation, Cassandra Lee Dees, and John L. Dees, Jr., and Underwood Home Inspection
Plaintiffs, house purchasers, sued defendant, seller, for breach of contract, negligent and fraudulent concealment, negligence, wilful and negligent misrepresentation, and violations of the Consumer Protection Act on the grounds the house was subject to flooding. The Trial Court granted summary judgment. We affirm. |
Loudon | Court of Appeals | |
State of Tennessee v. Christopher S. Love
The Appellant, Christopher S. Love, appeals his conviction by a Hickman County jury for sexual battery, a Class E felony. Love was indicted for the offenses of aggravated rape, reckless endangerment, and aggravated assault. Following a jury trial, he was acquitted of reckless endangerment and found guilty of the lesser included offenses of sexual battery and misdemeanor assault. He was subsequently sentenced to concurrent sentences of two years and eleven months and twenty-nine days. On appeal, he raises the single issue of whether it was proper for the trial court to instruct the jury on the lesser included offense of sexual battery. After review, we conclude that the Appellant waived the issue by his failure to object to the inclusion of the instruction at trial. Accordingly, the judgment of conviction for sexual battery is affirmed. |
Hickman | Court of Criminal Appeals | |
Earl Ray Trotter v. State of Tennessee
The petitioner, Earl Ray Trotter, pled guilty in the Bedford County Circuit Court to attempted second degree murder, especially aggravated burglary, and especially aggravated robbery. He received a total effective sentence of twenty-five years incarceration in the Tennessee Department of Correction. Thereafter, the petitioner filed a petition for post-conviction relief, alleging that his trial counsel was ineffective. The post-conviction court denied the petition, and the petitioner now appeals. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Bedford | Court of Criminal Appeals | |
Billy James Matthews v. State of Tennessee
The Appellant, Billy James Matthews, appeals the dismissal of his petition for post-conviction relief. Matthews’ convictions stem from his guilty pleas to rape and robbery, for which he was sentenced to ten years and six years respectively. In this appeal, Matthews raises the following issue for our review: whether the evidence preponderates against the post-conviction court’s findings that he received the effective assistance of counsel. The State asserts that the post-conviction petition should be dismissed because it was filed outside the one-year post-conviction statute of limitations. We agree and conclude that Matthews’ petition is barred by the statute of limitations. Dismissal of the post-conviction petition is affirmed. |
Madison | Court of Criminal Appeals | |
In Re: H.A. (D.O.B. 10/08/98) & J.R.B., JR. (D.O.B. 11/24/99); State of TN, Department of Children Services v. Michelle Adair
This is a termination of parental rights case. In 1999, the children involved in this action were taken from the mother’s custody into state custody. They were later adjudicated dependent and neglected by the juvenile court. The children remained in foster care, and the state developed several permanency plans with the goal of returning the children to the mother. The plans required the mother to, inter alia, attend parenting classes and anger management programs and to obtain stable housing and employment. The children remained in foster care for the next six years. Meanwhile, the mother obtained stable housing, but she failed to complete either parenting classes or an anger management program, and she failed to obtain stable employment. The goal of the plans was changed to adoption. The state filed a petition to terminate the mother’s parental rights based on persistent conditions and failure to comply with the permanency plans. After a trial, the trial court terminated the mother’s parental rights on both grounds. The mother now appeals. We affirm, finding that the evidence supports termination on both grounds. |
Shelby | Court of Appeals | |
Richard Long v. Holli Colleen Hartsell Harbin
In this post-decree child custody case, the trial court changed custody from the mother to the father after finding, among other things, that the mother had smoked marijuana while operating a motor vehicle in which the child was a passenger. Based upon this finding and evidence that the change of custody was in the best interest of the child, we affirm the judgment of the trial court. |
Jefferson | Court of Appeals | |
Barabara L. Wolf, as Trustee for Lani Wolf and Shaye Wolf, v. John Luther Summitt
In this dispute over a right of way, the Trial Court granted summary judgment to defendant on grounds the suit was barred by res judicata or collateral estoppel. On appeal, we affirm. |
Monroe | Court of Appeals | |
State of Tennessee v. Ricky L. Trentham, Jr.
The defendant, Ricky Lee Trentham, Jr., was convicted of simple possession of marijuana, Tenn Code Ann. 39-17-418(a), a Class A misdemeanor, and sentenced to eleven months, twenty-nine days at 75%. On appeal, he raises three issues for our review: (1) whether the evidence was sufficient to support the conviction; (2) whether a copy of High Times magazine was erroneously admitted into evidence; and (3) whether he was properly sentenced. Following our review, we affirm the judgment of the trial court. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Robert L. Myers
The defendant, Robert L. Myers, pled guilty to two counts of attempted aggravated sexual battery, a Class C felony, and was sentenced as a Range I, standard offender to six years on each count, to be served concurrently. On appeal, he argues that the trial court erred in denying probation or alternative sentencing. Following our review, we conclude that the trial court properly sentenced the defendant and affirm the judgments of conviction. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Rick Hanebutt
The defendant, Rick Hanebutt, was convicted of first degree premeditated murder and attempted first degree premeditated murder. He received a sentence of life imprisonment for his murder conviction and a concurrent twenty year sentence for his attempted first degree murder conviction. On appeal, the defendant raises three issues for our review: (1) whether the evidence was sufficient to support his convictions; (2) whether the state failed to comply with discovery pursuant to Rule 16 of the Tennessee Rules of Criminal Procedure; and (3) whether the trial court erred in denying the defendant’s motion to change venue. Following our review of the parties’ briefs and the applicable law, we affirm the judgments of the trial court. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. James Howard Theus, III
The defendant, James Howard Theus, III, entered a best interest plea to facilitation of rape of a child. He was sentenced to eight years in the Tennessee Department of Correction, suspended after service of eleven months and twenty-nine days, with the remainder on intensive probation. Thereafter, the trial court revoked the defendant’s probation and placed his sentence into effect. On appeal, the defendant challenges the trial court’s revocation of his probation. Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
William A. Cohn v. Michael T. Baker, et al.
This case arises from the termination of Appellant’s membership in a private country club. Appellant asserts a proprietary interest in the assets of the club, and seeks to have his membership reinstated. The trial court granted summary judgment in favor of the club/Appellee and Appellant |
Shelby | Court of Appeals | |
Ed Hawkins, et al. v. Corliss Singletary
Plaintiffs sought property damages in the amount of $2000 for diminution of value. A jury awarded Plaintiffs damages in the amount of $500; the trial court denied Plaintiffs’ motion to alter/motion for a new trial. Plaintiffs appeal. We affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Frank Ramsey
The Appellant, Frank Ramsey, appeals the sentencing decision of the Sullivan County Criminal Court following his guilty plea to the crime of initiating a false report in violation of Tennessee Code Annotated section 39-16-502(a)(1)(c). Pursuant to the plea agreement, he was sentenced as a Range II multiple offender to a sentence of four years with the manner of service of the sentence to be determined by the trial court. On appeal, the Appellant argues that the trial court erred by denying his request for alternative sentencing. After review of the record, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
Terry R. Clayton, et al. v. Camille M. Hernandez
Trial court granted dismissal for failure of service of process although defendant failed to raise the defense timely by motion or in her answer. We reverse. |
Davidson | Court of Appeals | |
CNA (Continental Casualty) v. William King, et al.
A roofing contractor applied for workers compensation insurance, declaring in his application that he had no employees. He paid a $750 minimum premium, and the insurance company issued a policy. The company subsequently audited his records and assessed an additional premium of over $14,700 for roofers who worked under contract with him or his subcontractors, but who were not covered by their own workers compensation policies. The contractor refused to pay, and the insurance company brought suit. The contractor claimed at trial that all the workers were independent contractors and, thus, that he was not obligated to insure them. The trial court ruled against him. We affirm the trial court. |
Cheatham | Court of Appeals | |
Mary Taylor-Shelby v. Shelby County Election Commission, et al.
We dismiss this appeal for lack of subject matter jurisdiction under Rule 3 of the Tennessee Rules of Appellate Procedure where the record contains no final order(s) disposing of Plaintiff’s claims. |
Shelby | Court of Appeals | |
Jack T. McKinney, et al. v. Jeanetta K. Kimery, et al.
Jack T. McKinney and his wife Brenda McKinney, obtained a judgment against Charles T. Kimery. After the judgment was recorded in the Register of Deeds’ office, Mr. Kimery and his wife conveyed property they owned as tenants by the entirety to Mr. Kimery’s mother. The McKinneys filed this action to execute upon the property and have it sold to satisfy the judgment lien. The issue presented is whether the McKinneys may levy against the entire interest in the property and have the property sold to satisfy their judgment lien, or whether the McKinneys’ lien attached only to Mr. Kimery’s separate, alienable interest in the property at the time of recording of the judgment lien, which consisted of Mr. Kimery’s right of survivorship. The trial court held that the McKinneys’ judgment lien attached to Mr. Kimery’s survivorship interest in the property at the time the judgment was recorded, and that the subsequent transfer of the property by both tenants by the entirety (the Kimerys) did not augment the interest to which the judgment lien attached, so that the McKinneys continued to hold a lien against the survivorship interest only after the transfer. We affirm the judgment of the trial court. |
Unicoi | Court of Appeals | |
Alexander C. Wells v. Tennessee Board of Regents, et al. - Dissenting
It is elementary that a statute waiving sovereign immunity must clearly do so, and any statute purporting to waive that immunity must be strictly construed. Courts are to determine to what extent and in what ways the Legislature has allowed suits against the State. The statute allowing the suit herein, Tenn. Code Ann. § 49-8-304, authorizes de novo judicial review of the termination or suspension of tenured state university professors. The statute does not mention or refer to backpay or the award of damages. This court cannot imply such a remedy or interpret the statute so as to enlarge the waiver of sovereign immunity beyond that intended by the legislature. |
Davidson | Court of Appeals | |
Alexander Wells v. Tennessee Board of Regents, et al.
Following termination of his employment, a professor at Tennessee State University prevailed in this protracted tenure termination proceeding. On remand to Chancery Court following a successful appeal, the professor filed a Tenn. R. Civ. P. 60.02 motion for relief from the pre-appeal judgment to assert a claim for back pay. The Chancellor granted relief and awarded back pay, which the defendants challenge on two grounds. They contend the court abused its discretion by awarding Rule 60 relief, and because back pay is not specifically authorized by statute, an award of back pay violates the sovereign immunity doctrine. Finding no error, we affirm. |
Davidson | Court of Appeals |