In the Matter of L.F.B. and D.M.D.
This is a mother’s appeal of the termination of her parental rights to her oldest son and daughter. Because we find that there is clear and convincing evidence in the record to support the trial court’s termination on three (3) alternative grounds and that termination is in the children’s best interest, we affirm. |
Dickson | Court of Appeals | |
Torris Benson v. Glen Turner, Warden
The petitioner, Torris Benson, was convicted in 1987 of robbery and aggravated assault and sentenced to life in prison as a habitual criminal. In a pro se petition for writ of habeas corpus, he claimed his habitual criminal sentence is illegal and void because the prior judgments on which the sentence was based were unsigned. The trial court dismissed the petition, and this timely appeal followed. Following our review, we affirm the dismissal. |
Loudon | Court of Criminal Appeals | |
Miracle Kaa Nichols vs. James Virgil Nichols, Jr.
In July of 2002, Miracle Kaa Nichols ("Wife") sued James Virgil Nichols, Jr. ("Husband") for divorce. The case was tried and a Final Decree was entered in September of 2004 awarding, inter alia, Wife a divorce, and finding and holding that the real property located at 24766 Martel Road in Lenoir City, Tennessee ("the Farm") was marital property and should be divided with each party to receive "one-half the value of the land and mobile home." Husband appeals claiming that the Trial Court erred in classifying the Farm as marital property, or, in the alternative, that the Trial Court erred by failing to divide the marital estate equitably. Wife also appeals the marital property division. We affirm. |
Loudon | Court of Appeals | |
Michael Settle v. State of Tennessee
Aggrieved of the Davidson County Criminal Court's summary dismissal of his petition for habeas corpus relief, the petitioner, Mike Settle, appeals. The habeas corpus court dismissed the petition because the petitioner did not pay the court costs due upon filing the petition. The state has filed a response, conceding that the trial court erred in dismissing the petition for failure to pay a filing fee. However, we disagree and affirm the order of dismissal. |
Davidson | Court of Criminal Appeals | |
Shirley Huffnagle v. Frederick Huffnagle
This appeal involves post-divorce criminal contempt sanctions. The former wife filed a petition in the Circuit Court for Davidson County seeking to hold her former husband in contempt for failing to pay spousal support and to maintain a life insurance policy and a club membership. The trial court determined that the former husband was guilty of eighteen separate acts of criminal contempt and sentenced him to 180 days in jail. After the former husband appealed the contempt sanction, the trial court stayed its order pending appeal. We have determined that the former wife failed to present sufficient evidence to prove beyond a reasonable doubt that her former husband had willfully failed to pay spousal support or to discharge his other financial obligations. |
Davidson | Court of Appeals | |
State of Tennessee v. Young Bok Song, a/k/a Mike
The defendant, Young Bok Song, a/k/a Mike, was convicted by a jury of seven counts of rape of a child, a Class A felony, and four counts of aggravated sexual battery, a Class B felony, and received an effective sentence of sixty-five years, to be served at 100% in the Tennessee Department of Correction. On appeal, he argues the trial court erred by: (1) not appointing an interpreter; (2) not providing the defendant with a copy of a forensic interview tape; (3) allowing the State to ask the defendant numerous argumentative questions; and (4) not granting a new trial based on newly discovered evidence. Following our review, we affirm the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Shawn Peele
The Appellant, Shawn Peele, appeals the sentencing decision of the Shelby County Criminal Court. Peele pled guilty to facilitating aggravated robbery, a Class C felony, and was sentenced as a Range I offender to three years incarceration. On appeal, Peele argues that the trial court erred in denying a suspended sentence. After review of the record, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee ex rel. Wendy S. Rushing v. Christopher B. Spain
The trial court denied the State’s petition for child support and retroactive child support for Respondent/Father’s two minor children. We reverse. |
Hardeman | Court of Appeals | |
State of Tennessee v. Jeffrey Lee Scales
This is a direct appeal as of right from convictions on a jury verdict for burglary and theft of property. The Defendant, Jeffrey Lee Scales, was sentenced to concurrent sentences of four years for his Class D felony burglary conviction and two years for his Class E felony theft conviction. On appeal, the Defendant argues only one issue: there is insufficient evidence to find him guilty beyond a reasonable doubt of the two offenses for which he was convicted. We affirm the judgments of the trial court. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Catherine May Cooper
The defendant, Catherine May Cooper, pled guilty to one count of attempt to obtain a controlled substance by altered prescription, a Class D felony, and one count of felony failure to appear, a Class E felony. The Sullivan County Criminal Court sentenced her to two years for the Class D felony and one year for the Class E felony to be served concurrently in the Department of Correction as a Range I, standard offender. The defendant appeals, contending that the trial court erred in denying her probation or alternative sentencing. We affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Lisa Durbin Howard
A Bradley County Criminal Court jury convicted the appellant, Lisa Durbin Howard, of first degree premeditated murder, and the trial court sentenced her to life imprisonment. The appellant appeals her conviction, claiming (1) that the trial court's comments to the jury during deliberations amounted to an improper "dynamite" or Allen charge; (2) that the trial court erred by excluding a defense expert's testimony; (3) that the State impermissibly excluded the only African-American from the jury pool; (4) that juror misconduct denied her the right to a fair and impartial jury; (5) that the State failed to preserve the audiotaped recording of the preliminary hearing as required by Tennessee Rule of Criminal Procedure 5.1(a); and (6) that the trial court erred by not conducting a proper jury poll. We conclude that the appellant has waived these issues because she failed to file a timely motion for new trial. Moreover, we discern no plain error and affirm the judgment of the trial court. |
Bradley | Court of Criminal Appeals | |
Stacy Allen Melton v. State of Tennessee
The petitioner, Stacy Allen Melton, appeals from the Greene County Criminal Court's dismissal of his petition for post-conviction relief from his guilty plea to especially aggravated kidnapping, a Class A felony, and attempted second degree murder, a Class B felony. He contends that his guilty plea was involuntary and that he received the ineffective assistance of counsel. We affirm the trial court. |
Greene | Court of Criminal Appeals | |
Alan E. Monday v. State of Tennessee
The petitioner, Alan E. Monday, appeals from the Knox County Criminal Court's dismissal of his petition for post-conviction relief from his conviction for reckless homicide, a Class D felony. He contends that he received the ineffective assistance of counsel because his attorney advised him not to testify and failed to call a favorable witness. We affirm the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. William A. Hawkins
The appellant, William A. Hawkins, was convicted of first degree premeditated murder, and he received a sentence of life imprisonment. On appeal, the appellant challenges the sufficiency of the evidence, the trial court's evidentiary rulings, and the jury instructions. Following our review, we affirm the judgment of the trial court but remand for entry of a corrected judgment to reflect the correct date of the judgment. |
Sullivan | Court of Criminal Appeals | |
Wayne Michael Fuller v. State of Tennessee
The petitioner, Wayne Michael Fuller, appeals the Knox County Criminal Court's denial of post-conviction relief. His post-conviction petition attacked his 1998 guilty-pleaded convictions and sentence for seven counts of statutory rape and one count of contributing to the delinquency of a minor. The petitioner received maximum two-year sentences for each statutory rape conviction and 11 months, 29 days for the contributing to the delinquency of a minor conviction. The court ordered five of the statutory rape sentences to be served consecutively, resulting in an effective sentence of ten years. The post-conviction petition, amended on multiple occasions, alleged ineffective assistance of trial and appellate counsel and violations of Blakely v. Washington and of the petitioner's right against self-incrimination. The post-conviction court denied relief, and we affirm. |
Knox | Court of Criminal Appeals | |
Finova Capital Corporation v. Billy Joe Regel, Individually, d/b/a Bartlett Prescription Shop
The trial court awarded summary judgment to Defendant Billy Joe Regel, Individually, and d/b/a/ Bartlett Prescription Shop on the grounds of laches, and Plaintiff Finova Capital Corporation appeals. We affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Stanley Phillip Chapman
The appellant, Stanley Phillip Chapman, was convicted by a jury in the Tipton County Circuit Court of second degree murder. He received a sentence of twenty-two years incarceration in the Tennessee Department of Correction. On appeal, the appellant raises several issues for our review, including the trial court’s evidentiary rulings and sentencing. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Tipton | Court of Criminal Appeals | |
Morris M. Dickson v. City of Memphis Civil Service Commission
The City of Memphis appeals from the trial court’s reversal of the Civil Service Commission’s decision to terminate a City employee/Appellee for violation of the substance abuse policy. The trial court found that the positive drug test, which provided the only substantial and material evidence for Appellee’s termination, was inadmissible as evidence for failure of the City failed to comport with 42 U.S.C. §290. We affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Jamie Brown
The appellant, Jamie Brown, was convicted by a Knox County Jury of simple possession of marijuana. As a result, the trial court sentenced the appellant to eleven months and twenty-nine days, to be served on probation. On appeal, the appellant challenges the trial court's denial of a motion to suppress. Because the trial court properly denied the motion to suppress, the judgment of the trial court is affirmed. |
Knox | Court of Criminal Appeals | |
Tyrone D. Conley v. Howard Carlton, Warden - Concurring
I concur in the result reached in the majority opinion. However, I do so on the merits, as opposed to the petitioner’s failure to follow procedural requirements for habeas corpus petitions. |
Johnson | Court of Criminal Appeals | |
Tyrone D. Conley v. Howard Carlton, Warden
The petitioner pled guilty to second degree murder on November 14, 1997. The trial court sentenced the petitioner on the same day to twenty years to be served as a Range I, standard offender with a release eligibility of thirty percent. On July 27, 1999, the trial court amended the judgment stating that the petitioner’s release eligibility would be one hundred percent with credit given for time served up to fifteen percent of his sentence. The petitioner filed a petition for habeas corpus relief on October 12, 2004. On November 15, 2004, the habeas court summarily dismissed the petitioner’s petition. The petitioner appealed this decision. We affirm the decision of the habeas court. |
Johnson | Court of Criminal Appeals | |
Darrell Carter v. State of Tennessee
The petitioner, Darrell Carter, pled guilty to five counts of aggravated sexual battery. As a result, he was sentenced to an effective sentence of twenty-one years in the Tennessee Department of Correction to be served at one hundred percent. The petitioner subsequently sought post-conviction relief on the basis of ineffective assistance of counsel and an alleged unknowing and involuntary guilty plea. The post-conviction court denied the petition. For the following reasons, we affirm the post-conviction court's denial of the petition. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Curtis Emmanuel Lane
The appellant, Curtis Emmanuel Lane, pled guilty to simple possession of marijuana and was sentenced to eleven months and twenty-nine days, suspended upon payment of court costs and fines. Pursuant to Rule 37 (b)(2)(i) of the Tennessee Rules of Criminal Procedure, the appellant attempted to reserve a certified question of law to this Court on the issue of whether the evidence should have been suppressed as the result of an illegal arrest. After a thorough review of the record, we conclude that the appellant failed to properly reserve a certified question of law. Therefore, the appellant's issue is not properly before this Court, and this appeal is dismissed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. James D. Black
Following a jury trial, Defendant, James D. Black, was found guilty of aggravated perjury, a Class D felony. The trial court sentenced Defendant as a Range I, standard offender, to two years, all suspended but sixty days, and placed Defendant on supervised probation for four years. Defendant challenges the sufficiency of the convicting evidence. After a thorough review of the record, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Homer Alson Maddin, III
The appellant, Homer Alson Maddin, III, was convicted by a jury of four counts of aggravated rape in violation of Tennessee Code Annotated section 39-13-502. As a result, the appellant was sentenced to an effective sentence of twenty-five years at one hundred percent. The appellant appeals, arguing that the trial court erred in instructing the jury on the mental state of reckless, and that the trial court erred in applying certain enhancement factors to determine his sentence. For the following reasons, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals |