State of Tennessee v. Tim Gilbert
The defendant, Tim Gilbert, appeals his Giles County Circuit Court Jury convictions of aggravated assault, reckless endangerment, unlawful possession of a weapon by a convicted felon, and resisting arrest, challenging the sufficiency of the convicting evidence and the rulings of the trial court permitting the State to amend the indictment and to admit the pretrial statement of a State’s witness as substantive evidence in violation of the rule against hearsay. The defendant also argues that permitting both the grand and petit juries to deliberate in a room in the Giles County Courthouse maintained by the United Daughters of the Confederacy (“U.D.C.”) and adorned with various mementos of the Confederacy exposed the jury to extraneous prejudicial information and violated his constitutional rights to a fair trial conducted by an impartial jury, due process, and equal protection under the law. The trial court did not err by permitting the State to amend the indictment because the amendment did not allege a new or different offense. The court did err, however, by admitting the challenged witness statement, and that error cannot be classified as harmless. Further, we conclude that the Confederate memorabilia in the jury room was extraneous information and that the State failed to rebut the presumption that the petit jury’s exposure to that extraneous information was prejudicial. Accordingly, we reverse the judgments of the trial court and remand the case for a new trial. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. Carl Dwayne Prince
The defendant, Carl Dwayne Prince, appeals his Robertson County Circuit Court Jury conviction of aggravated assault, arguing that the trial court erred by finding a valid waiver of the right to counsel and permitting him to proceed pro se, that the evidence was insufficient to support his conviction, and that the State’s failure to disclose certain evidence violated due process principles as announced in Brady v. Maryland, 373 U.S. 83 (1963). Because the trial court failed to conduct a sufficient inquiry to support a finding that the defendant effectuated a valid waiver of the right to counsel, the defendant is entitled to a new trial. Because the evidence was insufficient to support a conviction of aggravated assault but sufficient to support a conviction of simple assault, the judgment of the trial court is reversed, and the case is remanded to the trial court for a new trial on alternative counts of assault involving bodily injury and assault by offensive touching. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Eric Boyd
Defendant, Eric Boyd, was convicted of two counts of first degree felony murder, two counts of aggravated robbery, two counts of especially aggravated kidnapping, and four counts of aggravated rape. For his convictions, Defendant received an effective sentence of two consecutive life sentences for the felony murder convictions and an additional 90 years for the remaining convictions. Defendant appeals his convictions, asserting that: 1) the trial court erred by denying Defendant’s motion for a change of venue, or in the alternative, a special jury venire; 2) the trial court erred by allowing the State to introduce transcripts of a witness’s testimony from a federal court proceeding as substantive evidence against Defendant; 3) the evidence was insufficient to support Defendant’s convictions; and 4) he is entitled to relief under the cumulative error doctrine. After a thorough review of the record, we determine no error. Accordingly, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. G'Wayne Williams
A Lauderdale County jury convicted the Defendant, G’Wayne Williams, of numerous sexual offenses. State v. G’wayne Kennedy Williams a/k/a Kenney Williams, No. W2018- 00924-CCA-R3-CD, 2020 WL 211546, at *1 (Tenn. Crim. App, at Jackson, Jan. 14, 2020). The trial court imposed a sixty-four-year sentence. Id. On appeal, this court vacated and dismissed fifteen of the Defendant’s convictions and concluded that the trial court had improperly merged a number of the Defendant’s convictions. We remanded the case for entry of corrected judgments and resentencing where applicable and affirmed the Defendant’s remaining convictions. Id. On remand, the trial court dismissed the relevant convictions, merged the additional relevant convictions, and resentenced the Defendant on twelve of the convictions. The trial court concluded that it had lost jurisdiction as to the Defendant’s remaining convictions affirmed on appeal. On this second appeal, the Defendant asserts that the trial court erred in finding it had lost jurisdiction on the convictions affirmed by this court. He further contends his sentence is excessive. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments. |
Lauderdale | Court of Criminal Appeals | |
Keith Lamont Brown v. State of Tennessee
A Tipton County jury convicted the Petitioner, Keith Lamont Brown, of delivery of 0.5 grams or more of cocaine, and the trial court sentenced him as a Range III, persistent offender to twenty-five years of incarceration. The Petitioner appealed his convictions to this court, and we affirmed the judgments. State v. Keith Lamont Brown a.k.a. “Kee Kee”, No. W2018-00731-CCA-R3-CD, 2019 WL 2158103, at *6 (Tenn. Crim. App., at Jackson, May 16, 2019), no perm. app. filed. Subsequently, the Petitioner filed a petition for postconviction relief, claiming that he received the ineffective assistance of counsel, which the post-conviction court denied after a hearing. After review, we affirm the post-conviction court’s judgment. |
Tipton | Court of Criminal Appeals | |
In Re Markus E.
A mother and father appeal the termination of their parental rights. The trial court concluded that there was clear and convincing evidence of two statutory grounds for termination of the mother’s rights and one statutory ground for the termination of the father’s parental rights. The trial court also concluded that there was clear and convincing evidence that termination of their parental rights was in their child’s best interest. After a thorough review, we affirm. |
Davidson | Court of Appeals | |
In Re Conservatorship of Jerome Edward Douglas
This appeal arises from the grant of an emergency conservatorship. Specifically, the appellant, as the wife of the individual at issue, contends that the trial court improperly granted the emergency conservatorship, alleging that there existed no legal basis to do so. She further contends that the assessment of attorney’s fees against her was improper. Finding no error, we affirm the judgment of the trial court. |
Davidson | Court of Appeals | |
State of Tennessee v. Marvin Magay James Green
The Defendant pleaded guilty to several drug offenses stemming from a 2006 arrest, and the trial court sentenced him to a fifteen-year sentence. The Defendant appealed, it was denied, and he filed multiple motions challenging his convictions. Most recently, he filed a motion to correct an illegal sentence or correct a clerical error, contending that he had not received 128 days of pretrial jail credits. The trial court denied the motion, finding that it did not have jurisdiction to amend his sentence and that any alleged error in calculating time should be directed to the Tennessee Department of Correction. It is from that judgment that the Defendant now appeals. After review, we affirm the trial court’s judgment. |
Sullivan | Court of Criminal Appeals | |
In Re Bailey J. Et Al.
A mother appeals the termination of her parental rights to her twins. The juvenile court terminated on grounds of abandonment by an incarcerated parent and substantial noncompliance with the permanency plans. The court also determined that termination was in her children’s best interest. Mother argues that she lacked notice of the grounds and consequences of abandonment and the procedures for terminating her rights. She also argues that the evidence of the grounds for terminating her parental rights and of her children’s best interests was less than clear and convincing. We conclude Mother waived her notice argument. And while we agree that the evidence of substantial noncompliance with the permanency plans was less than clear and convincing, clear and convincing evidence does support the ground of abandonment by an incarcerated parent and the court’s best interest determination. So we affirm termination of Mother’s parental rights. |
Hamblen | Court of Appeals | |
State of Tennessee v. Marvin Magay James Green - concurring opinion
I write separately because I disagree with the majority’s interpretation of the issue raised on appeal by the Defendant. The majority, concluding that the Defendant’s contention is unclear, addresses the issue as one of pretrial jail credits or day-for-day service. I believe that, on the contrary, the Defendant asserts that his sentence is illegal or contains a clerical error because he was denied 128 days of sentence reduction credits which he earned prior to the imposition of his sentence. Because this type of claim must be addressed via the Uniform Administrative Procedures Act, I would affirm the denial of relief on this basis. |
Sullivan | Court of Criminal Appeals | |
James G. Akers v. Gregory Funding, LLC et al.
A homeowner sued to stop a foreclosure on his home. Most of the defendants filed motions to dismiss, which the trial court orally granted. But before written orders of dismissal could be entered, the homeowner filed a notice of voluntary dismissal. The court then entered an order of voluntary dismissal without prejudice, as well as the orders of dismissal with prejudice. Claiming that the orders were inconsistent, the homeowner filed a post-judgment motion for reconciliation of conflicting orders. The court clarified that the order granting the voluntary dismissal without prejudice only applied to claims against defendants that did not file motions to dismiss. But the dismissals with prejudice applied to claims against defendants that did file such motions. Finding no error, we affirm. |
Davidson | Court of Appeals | |
Brian Koblitz v. State of Tennessee
An out-of-state resident filed a petition for declaratory judgment to challenge the constitutionality of certain amendments to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, Tenn. Code Ann. |
Davidson | Court of Appeals | |
In Re Ashanti P. Et Al.
A mother appeals the termination of her parental rights, arguing only that the court abused its discretion in denying her motion to continue the trial. Upon our review of the record, we affirm the juvenile court’s denial of the motion to continue. The record contains clear and convincing evidence to support the grounds on which the mother’s rights were terminated and to support a conclusion that termination was in the children’s best interest; accordingly, we affirm the judgment of the juvenile court terminating the mother’s parental rights. |
Montgomery | Court of Appeals | |
First Community Mortgage, Inc. v. Appraisal Services Group, Inc., et al.
A mortgage company appeals the dismissal of its lawsuit against an appraisal company and its employee as barred by the applicable statute of limitations. The appraisal company and its employee urge this Court to affirm the dismissal of the lawsuit and to award them attorney’s fees under Tennessee Code Annotated section 20-12-119(c). We affirm the dismissal of the mortgage company’s action against the appraisal company and its employee. We conclude, however, that section 20-12-119(c) does not authorize the award of attorney’s fees incurred for appellate work. |
Weakley | Court of Appeals | |
State of Tennessee v. Joseph Gevedon
The Defendant-Appellant, Joseph Gevedon, pleaded guilty to two counts of driving under the influence and to one count each of leaving the scene of an accident, violation of the financial responsibility law, and simple possession of marijuana. He agreed to serve an effective sentence of three consecutive terms of eleven months, twenty-nine days, with ninety-six hours in confinement and the remainder on probation. He also agreed to a special condition that a restitution hearing would be held at a later time. A violation of probation warrant was issued before the restitution hearing was held, and following a hearing, the trial court found that the Defendant violated the terms of his probation, revoked his probation, and ordered him to serve his sentence in confinement and to pay $30,490.76 as restitution. On appeal, the Defendant challenges the trial court’s order requiring him to serve his sentence in confinement and its restitution order. After review, we conclude that we are without jurisdiction to consider the merits of this appeal. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. Joseph Gevedon (Dissent)
John Everett Williams, P.J., dissenting. I respectfully disagree with the majority’s conclusion that this court is without jurisdiction to hear the appeal because no final judgment has been entered. Tennessee Rule of Appellate Procedure 3(b) provides that a criminal defendant has “a right to appeal when the trial court has entered a final judgment of conviction.” State v. Comer, 278 S.W.3d 758, 760-61 (Tenn. Crim. App. 2008) (quotation omitted). However, “‘Rule 3 appeals … may be taken only from final judgments.’” State v. William Chandler Daniels, No. E2009-02172-CCA-R3-CD, 2010 WL 5343776, at *1 (Tenn. Crim. App. Dec. 23, 2010) (quoting State v. Maddox, 603 S.W.2d 740, 741 (Tenn. Crim. App. 1980)). A judgment is considered final “‘when it decides and disposes of the whole merits of the case leaving nothing for the further judgment of the court.’” State v. David Allan Bohanon, No. M2012-02366-CCA-R3-CD, 2013 WL 5777254, at *3 (Tenn. Crim. App. Oct. 25, 2013) (quoting Richardson v. Tenn. Bd. of Dentistry, 913 S.W.2d 446, 460 (Tenn. 1995)). |
Giles | Court of Criminal Appeals | |
Miracle Tenney Ex Rel. Desirae B. v. Daniel Paul Bullington
The father of a fourteen-year-old daughter appeals the propriety of two separate orders of protection issued upon the mother’s petition for the protection of their daughter. Because both orders of protection have expired, we dismiss the father’s challenges to the propriety of the orders of protection on the basis of mootness and decline the father’s claim to recover his attorney’s fees. Notwithstanding the dismissal of the father’s issues, the mother seeks to recover the attorney’s fees and costs she incurred in defending the father’s appeal. The Tennessee Supreme Court’s recent decision inNew v. Dumitrache, 604 S.W.3d 1 (Tenn. 2020), makes it clear that the legislative mandate in Tenn. Code Ann. § 36-3-617(a)(1) extends to the reasonable attorney’s fees and costs incurred on appeal by victims of domestic abuse, even if the respondent’s challenge to the order of protection is no longer justiciable. Accordingly, we hold that the mother is entitled to an award of the reasonable attorney’s fees and costs she incurred in defending this appeal and remand this case for the trial court to make the appropriate award. |
Williamson | Court of Appeals | |
Deborah P. Linn v. Mark A. Linn
At issue in this appeal is the trial court’s characterization of the alimony obligation in the parties’ divorce decree. The trial court determined that the alimony is part alimony in solido and part alimony in futuro. Based in part on this conclusion, the court denied Husband’s petition to modify his alimony obligation. The trial court also entered judgment against Husband for alimony arrearages, life insurance premiums, and Wife’s discretionary costs and attorney’s fees. Additionally, the court found Husband in contempt for failing to pay alimony and life insurance premiums. Because we conclude the trial court mischaracterized the alimony at issue, we affirm in part, reverse in part, and vacate in part its judgment. |
Sumner | Court of Appeals | |
Park Place Boat Dock Association, Inc. Et Al. v. Gary Phillips Construction, LLC Et AL.
This appeal concerns easement rights. The Park Place Community Association, Inc. (“the PPCA”) and the Park Place Boat Dock Association, Inc. (“the PPBDA”) (“Plaintiffs,” collectively) filed suit in the Chancery Court for Washington County (“the Trial Court”) against Gary Phillips Construction, LLC and Gary Phillips (“Phillips”). Plaintiffs sought access to a certain boat dock and sun deck on Boone Lake over a strip of land previously owned by the community’s developer that Phillips bought at a bankruptcy auction. After a trial, the Trial Court found Plaintiffs had proven the elements of an easement by implication and an easement by necessity over the property at issue. Phillips appeals raising a number of issues, including whether Plaintiffs have standing. We find, inter alia, that Plaintiffs have standing to bring this action. We further find that lake access has been, and is, essential for Plaintiffs’ use and beneficial enjoyment of Park Place, in some instances representing the exclusive reason why people bought their homes in the community. Plaintiffs have proven the elements of an easement by implication and an easement by necessity. We affirm the judgment of the Trial Court in all respects. |
Washington | Court of Appeals | |
State of Tennessee v. Jeremy Reynolds
Jeremy Reynolds was convicted of premeditated first-degree murder at the conclusion of a jury trial in which the State was permitted to introduce evidence related to gang membership. On appeal, the Court of Criminal Appeals concluded that the evidence of premeditation was legally insufficient and reversed the conviction. The intermediate appellate court noted that the evidence was legally sufficient to support a conviction for the lesser-included offense of second-degree murder, but it nevertheless remanded for a new trial based on its determination that the trial court had abused its discretion in admitting certain pieces of evidence related to gang membership. We accepted the State’s appeal. After a thorough review of the record, we conclude that the evidence was legally sufficient to support the conviction for premeditated first-degree murder. We further conclude that there was no reversible error on the part of the trial court in admitting evidence related to gang membership. Accordingly, we reverse the decision of the Court of Criminal Appeals and reinstate Reynolds’s conviction for premeditated first-degree murder. |
Hamilton | Supreme Court | |
Stefani Franklin v. Jimmy Franklin
In this post-divorce case, Father appeals the trial court’s order allowing Mother to relocate with the parties’ son from the Memphis area to Houston, Texas. Discerning no reversible error, we affirm. |
Shelby | Court of Appeals | |
Mark DeLong Et Al. v. Brian Paul General Partner, LLC
Appellant debtor appeals the judgment of the trial court on the sole basis that the choice of law provision in the parties’ contract means that another state is the exclusive forum for this action. We affirm the decision of the trial court and award Appellee creditors damages for responding to a frivolous appeal. |
Williamson | Court of Appeals | |
Perry Singo v. State of Tennessee
The pro se petitioner, Perry Singo, appeals the denial of his petition for writ of habeas corpus by the Circuit Court for Hickman County, arguing the trial court erred in summarily dismissing the petition. After our review, we affirm the summary dismissal of the petition pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Hickman | Court of Criminal Appeals | |
John William Owens v. Meredith Elizabeth Owens
This is an appeal of rulings by the trial court in a contentious divorce action. Following a bench trial, the trial court valued the parties’ marital assets and divided the marital estate equally. The court awarded the husband the marital home upon his payment to the wife of one-half the combined equity, equal parenting time, and designation as the primary residential parent. The court found that the wife was not entitled to alimony. The wife, inter alia, challenges the trial court’s division and valuation of the marital estate, in declining to award her attorney’s fees, in awarding the parties equal parenting time, and the designation of the husband as primary residential parent. Having carefully reviewed the voluminous record, we affirm in part and reverse in part. |
Meigs | Court of Appeals | |
Michael Kizer v. State of Tennessee
For offenses occurring in 2010, a Shelby County jury convicted the Petitioner, Michael Kizer, of two counts of aggravated robbery and one count of attempted aggravated robbery, and the trial court sentenced him to a total effective sentence of forty-five years of incarceration. This court affirmed the judgments on appeal. State v. Michael Kizer, No. W2013-02559-CCA-R3-CD, 2014 WL 5512863, at *1 (Tenn. Crim. App., at Jackson, Oct. 3, 2014), perm. app. denied (Tenn. Feb. 13, 2015). In 2017, the Petitioner filed a petition for a writ of error coram nobis. In it, he contended that there was newly discovered evidence about his mental capacity that was not considered by mental health professionals at the time of their evaluation. The coram nobis court summarily dismissed the petition, finding that the one-year statute of limitations had run and that the Petitioner had failed to establish that he was entitled to a hearing. The Petitioner filed this appeal. After review, we affirm the coram nobis court’s judgment. |
Shelby | Court of Criminal Appeals |