Susan Louise Moor Weissfeld v. Steven Curtis Weissfeld
This appeal arises from a post-divorce case in which the trial court found the Appellant to be in both criminal and civil contempt for her failure to comply with the court's order respecting co-parenting time and division of property. The Appellant contends that the trial court erred in its finding of criminal contempt because she was not provided adequate notice under Tenn. R. Crim. P. 42(b). The Appellant also contends that the trial court erred in its award of attorney's fees to opposing counsel. We reverse the trial court's order to the extent that it decrees the Appellant to be in criminal contempt and we modify the trial court's order which awards attorney's fees to opposing counsel. |
Knox | Court of Appeals | |
Mary E. Fossett, et al., v. Dorothy Gray, et al.
Numerous heirs to property in Fayette County sought to sell two parcels of land for partition. Defendants/Appellees opposed the partition of one of the tracts. The trial court ordered that both tracts be sold for partition by auction, which was held on September 30, 2000. During the pendency of the partition suit, an investor bought the fractional interests in the property from numerous heirs, and intervened as a defendant in the case. The interest of the intervening defendant was foreclosed upon by the individual who had loaned him funds to purchase the fractional interests in the land. After the foreclosure, first intervening defendant brought a cross-claim against second intervening defendant/appellant. The trial court entered a judgment against second intervening defendant for the amount of overbid at foreclosure, $150,000. Second intervening defendant/appellant appeals and also appeals the final judgment in the partition case. We affirm in part, reverse in part, and remand. |
Fayette | Court of Appeals | |
Demetrius Lancaster v. State of Tennessee
The petitioner, Demetrius Lancaster, appeals as of right from the order of the Giles County Circuit Court holding that his petition for post-conviction relief was barred by the statute of limitations. The petitioner contends that the trial court erred in dismissing his petition for being filed outside the one-year statute of limitations for filing post-conviction relief. We affirm the trial court. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. Monqueze L. Summers
The case before us concerns the untimely death of Montrell Mason and the aggravated robbery of Clinton Anderson and Christopher Fears. The defendant stands convicted of Mason's felony murder in the perpetration of robbery, two counts of aggravated robbery, and weapon possession. We affirm the convictions and sentences. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Christopher Hatcher
The Defendant, Christopher Hatcher, was tried and convicted for first degree felony murder, second degree murder, attempted first degree murder and reckless endangerment for shooting three victims. The trial court merged the second degree murder conviction with the felony murder conviction and then sentenced the Defendant to life with the possibility of parole for the felony murder conviction, twenty years for the attempted murder conviction, and eleven months and twenty-nine days for the reckless endangerment conviction. The Defendant appeals, contending that: (1) the trial court erred by not granting his motion for new trial because the State failed to give the Defendant exculpatory evidence; (2) the trial court improperly allowed the State to refer to an alleged robbery previously committed by the Defendant; (3) the trial court erred when it allowed a witness to testify about the alleged robbery; (4) the trial court improperly allowed expert fingerprint testimony; (5) the trial court erred when it did not grant a mistrial based upon the State’s biblical references; (6) the trial court erred by refusing to dismiss a sleeping juror; (7) the trial court erred when it allowed hearsay testimony of a witness; and (8) the evidence is insufficient to sustain his conviction. After a thorough review of the record and applicable case law, we conclude that there is no reversible error in the judgments of the trial court. Accordingly, we affirm its judgments. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marcus Vashawn Nixon
The Appellant, Marcus Vashawn Nixon, appeals his jury conviction for rape of a child in the Lauderdale County Circuit Court. As grounds, he asserts that the trial court erred in denying his motion to suppress pre-trial photo identification evidence based upon a Rule 16 discovery violation. After review of the record, we find no reversible error and affirm the decision of the trial court. |
Lauderdale | Court of Criminal Appeals | |
Robert McChristian v. State of Tennessee
The petitioner, Robert McChristian, appeals from a summary dismissal of his petition for habeas corpus relief. We affirm. |
Lauderdale | Court of Criminal Appeals | |
Robert McChristian v. State of Tennessee - Concurring
I concur in the majority opinion, but I question its reliance upon the fact that our supreme court denied permission to appeal in Bland v. Dukes to validate Bland’s holding. Our supreme court has advised us not to attach significance to such a denial. See Meadows v. State, 849 S.W.2d 748, 752 (Tenn. 1993). |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Terrell Deberry and Damien LaShawn Nixon, A/K/A "Skinny"
The defendant Terrell Deberry was indicted for possession with intent to deliver .5 grams or more of cocaine. The defendant Damien Nixon was also indicted for possession with intent to deliver .5 grams or more of cocaine and for driving on a revoked license. After granting a motion to suppress the cocaine found in the possession of defendant Deberry, the trial court permitted the state an application for a discretionary appeal under Rule 9 of the Tennessee Rules of Appellate Procedure. Later, the state determined that because the substantive effect of the trial court’s ruling resulted in dismissal of the charges against each defendant, the more appropriate appellate remedy was under Rule 3 of the Tennessee Rules of Appellate Procedure. This court granted the motion to accept the appeal under Rule 3 and waived the timely filing of notice of appeal by the state. The issue presented for review is whether the trial court erred by granting the motion to suppress. Because the evidence was poperly suppressed, the judgment is affirmed |
Lauderdale | Court of Criminal Appeals | |
The City of Memphis v. Shelby County Election Commission, et al.
In this expedited appeal, this Court is asked to decide whether the Shelby County Election |
Shelby | Supreme Court | |
State of Tennessee v. Lilly Bell Gifford
The appellant, Lilly Bell Gifford, pled guilty in the Sumner County Criminal Court to the sale of cocaine, and the trial court sentenced her to six years incarceration in the Tennessee Department of Correction. However, the appellant was permitted to serve the bulk of her sentence on probation. Thereafter, the trial court revoked the appellant's probation and ordered her to serve the balance of her sentence in confinement. On appeal, the appellant challenges the revocation of her probationary sentence. Upon our review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Jeremy Daniel Loader
Defendant, Jeremy Loader, pled guilty on July 12, 2002, pursuant to a negotiated plea agreement, to two counts of theft of property over $1,000, a Class D felony, and two counts of arson, a Class E felony in Case No. 02-002. In Case No. 01-146, Defendant pled guilty to two counts of burglary other than a habitation, a Class D felony. The terms of Defendant's plea agreement set the length and manner of service of Defendant's sentence as follows. In Case No. 02-002, Defendant would serve four years on each of the theft of property convictions, all suspended but nine months, and two years for each of the arson convictions, all suspended but 144 days, with Defendant placed on probation for the remainder of his sentences on each count. For Case No. 01-146, Defendant would serve four years for each arson conviction, all suspended but nine months, with Defendant placed on probation for the remainder of his sentences. The sentences in Case No. 02-002 and Case No. 01-146 would be served concurrently for an effective sentence of four years. In exchange, the State withdrew other charges against Defendant. Defendant spent nine months in jail before entering his guilty pleas because he was unable to make bond. The trial court granted Defendant's request for judicial diversion, and Defendant was placed on judicial diversion for a period of six years. Defendant's judicial diversion in both cases was revoked on April 21, 2003, and the trial court sentenced Defendant to an effective sentence of four years in the Tennessee Department of Correction, with pretrial jail credit of nine months, in accordance with the terms of his plea agreement. Defendant does not appeal the revocation of his judicial diversion but argues that the trial court erred in ordering a sentence of confinement. Defendant contends that the terms of his plea agreement called for a sentence of split confinement, with the period of confinement already served, in the event his judicial diversion was subsequently revoked. Alternatively, Defendant argues that the trial court erred in not conducting a sentencing hearing prior to imposing Defendant's sentence. Following a thorough review, we affirm the judgments of the trial court. |
DeKalb | Court of Criminal Appeals | |
Steven Tutt v. State of Tennessee
The defendant, Steven Douglas Tutt, appeals the Marshall County Circuit Court's order that retired his motion for expungement. We dismiss the appeal. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Larry Hunt
The appellant, Larry Hunt, was convicted by a jury in the Shelby County Criminal Court of one count of aggravated rape, one count of aggravated robbery, and one count of aggravated kidnapping. Following a hearing, the trial court sentenced the appellant to twenty-five years incarceration for the aggravated rape conviction, twelve years incarceration for the aggravated robbery conviction, and twelve years incarceration for the aggravated kidnapping conviction. The trial court ordered the sentence for aggravated rape be served consecutively to the remaining sentences, for an effective thirty-seven year sentence. On appeal, the appellant challenges the sufficiency of the evidence to support his conviction of aggravated rape and the imposition of consecutive sentencing. In light of the United States Supreme Court’s decision in Blakely v. Washington, __ U.S. __, 124 S. Ct. 2531 (2004), we modify the appellant’s sentence for aggravated rape to twenty-two years and the sentences for aggravated robbery and aggravated kidnapping to ten years, for an effective sentence of thirty-two years incarceration. We also vacate the judgment of conviction for count two of indictment number 00-12640, which judgment was entered in error. We otherwise affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Cornelius D. Hicks, Aka "Hollywood," and Troy Lee Springfield
The defendants, Cornelius D. Hicks and Troy Lee Springfield, and two codefendants, Bryan T. Oldham and Kenyale M. Pirtle, were charged with aggravated assault, a Class C felony, for firing a gun at the victim, Keiston Campbell, as he drove his car down a Henning street. Pirtle subsequently pled guilty to aggravated assault, and a fifth individual involved in the incident had his case handled in juvenile court. The three remaining defendants, Springfield, Hicks, and Oldham, were tried jointly before a Lauderdale County Circuit Court jury, which acquitted Oldham but convicted both Hicks and Springfield of the lesser-included offense of facilitation of aggravated assault, a Class D felony. The trial court sentenced Hicks as a Range I, standard offender to three years in the Department of Correction, with the sentence suspended and the defendant placed on supervised probation following service of 250 days, to be served consecutively to a sentence for an offense for which he was on probation at the time of the instant offense. Springfield was sentenced as a Range I, standard offender to three years in the Department of Correction, with the sentence ordered to be served consecutively to his sentence for violation of parole. The sole issue Hicks raises on appeal is whether the evidence was sufficient to sustain his conviction. Springfield challenges the trial court’s denial of his motions to sever his trial and for judgment of acquittal. Following our review, we affirm the judgments of the trial court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Syreeta Patterson
The appellant, Syreeta Patterson, pled guilty in the Shelby County Criminal Court to voluntary manslaughter. Pursuant to a plea agreement, the appellant was sentenced to six years with the manner of service to be determined by the trial court. Following a hearing, the trial court denied the appellant’s request for alternative sentencing, and the appellant timely appealed. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Keith Dale Thomas v. State of Tennessee
The petitioner, Keith Dale Thomas, was convicted by a jury in the Madison County Circuit Court of first degree murder and possession of a deadly weapon with intent to employ it in the commission of an offense. He received a total effective sentence of life plus two years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for post-conviction relief, alleging that his trial counsel and his appellate counsel were ineffective. The post-conviction court denied the petition, and the petitioner now appeals. Upon our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
Robert Walker, et al., v. Michael S. Mullins, et al.
This appeal is from the chancellor’s decision in a property line dispute. In the absence of a transcript or statement of the evidence, we affirm. |
Fayette | Court of Appeals | |
First Tennessee Bank National Association v. Bad Toys, Inc., et al.
First Tennessee Bank National Association ("the Bank") sued Bad Toys, Inc. and Larry N. Lunan on a note that allegedly was "fully mature, owing and unpaid." The note had been cross collateralized with two other notes payable to the Bank. The three notes and the attendant guaranty agreements and security agreements were executed either by Bad Toys, Inc., Larry N. Lunan, or Susan H. Lunan ("Defendants" or as appropriate "the Lunans"). In addition to other collateral, shares of stock were pledged as collateral for the notes. Bad Toys, Inc. and Larry N. Lunan answered the complaint and filed a counter-complaint in which Susan H. Lunan joined as a counter-plaintiff. The counter-complaint alleged, in part, that the Bank had breached its fiduciary duty to the Lunans by failing to sell the pledged stock and that the Bank either had been grossly negligent or had intentionally caused harm to Defendants by refusing to sell the stock. The Bank filed a motion to dismiss and for summary judgment. Defendants opposed by filing the Lunans' affidavit claiming that the Bank had agreed to sell the shares of stock as soon as they were pledged, even though the Lunans were forbidden by an agreement with other shareholders from selling the stock themselves, and that the Bank failed to sell the shares of stock as it had agreed to do. The Trial Court held the Lunans' affidavit should be stricken, in part, and granted the Bank summary judgment. Defendants appeal. We affirm. |
Sullivan | Court of Appeals | |
Benjamin Pressnell v. Steve Hixon
This case essentially involves a dispute between the owners of adjoining properties in Grainger County. Specifically, the dispute focuses on (1) the ownership of a private road ("the disputed private road"); (2) the easement rights, if any, of the plaintiff Benjamin S. Pressnell with respect to a right-of-way over the property of the defendants Steve Hixon and wife, Betty Hixon; and (3) damages allegedly sustained by Pressnell and another plaintiff by virtue of the Hixons' interference with Pressnell's right to use the disputed private road and the easement. The trial court, following a bench trial, found the issues in favor of the plaintiffs. The defendants appeal. We affirm. |
Grainger | Court of Appeals | |
Karen B. Golightly v. Gary Kevin Golightly
This case involves a child custody dispute between the parents of two minor children. Following a bench trial, the trial court granted the parties an absolute divorce and designated the mother as the primary residential parent. In addition, the court below awarded the parties equal parenting time and provided for an alternating visitation schedule in the Permanent Parenting Plan. The mother subsequently filed a motion requesting the trial court to reconsider the custody arrangement, which the trial court denied. The mother filed this appeal contesting the determination of custody by the Circuit Court of Shelby County. For the reasons stated below, we affirm the decision of the circuit court. |
Shelby | Court of Appeals | |
State of Tennessee v. Alfonso Martinez
The appellant, Alfonso Martinez, was found guilty by a jury in the Henderson County Circuit Court of felony possession of drug paraphernalia and was sentenced to two years incarceration in the Tennessee Department of Correction. On appeal, the appellant’s sole issue is the constitutionality of Tennessee Code Annotated sections 39-17-424 and 39-17-425 (2003). Upon review of the record and the parties’ briefs, we conclude that the appellant has waived his issue. Therefore, we affirm the judgment of the trial court. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Darry Miller
Darry Miller appeals from his Lauderdale County Circuit Court conviction of delivery of a Schedule II controlled substance less than 0.5 grams. He claims that the evidence presented at trial is insufficient to sustain a conviction. We disagree and affirm. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Gregory Morrow
The appellant, Gregory Morrow, was found guilty by a jury in the Shelby County Criminal Court of possessing 300 grams or more of cocaine with the intent to sell, possessing 300 grams or more of cocaine with the intent to deliver, and two counts of possessing marijuana. The appellant received a total effective sentence of fifteen years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court’s ruling on his motion to suppress and raises complaints regarding the application of Rule 41(g) of the Tennessee Rules of Criminal Procedure. Upon our review of the record and the parties’ briefs, we affirm the judgments of the trial court, but we remand for a merger of the appellant’s two cocaine convictions and his two marijuana convictions. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Robert Love Taylor
The appellant, Robert Love Taylor, was convicted by a jury of driving while declared a habitual motor vehicle offender. He was sentenced to four years incarceration and fined $3,000 for the offense. Two motions for new trial were filed |
Sullivan | Court of Criminal Appeals |