Four Seasons Heating & Air Conditioning vs. Beers Skanska.
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Montgomery | Court of Appeals | |
Elaine H. Deathridge, et ux vs. Richard T. Barksdale
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Davidson | Court of Appeals | |
Michael J. Grant v. State of Tennessee - Dissenting
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Bradley | Court of Criminal Appeals | |
Michael J. Grant v. State of Tennessee
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Bradley | Court of Criminal Appeals | |
State of Tennessee v. Christopher Todd Whitaker
The Washington County Grand Jury indicted the defendant, Christopher Whitaker, for three counts of robbery, and one count of theft valued over $500. The defendant pled guilty to all four counts. Following a sentencing hearing, the trial court denied the defendant's request for alternative sentencing and sentenced the defendant to serve six years in prison. The defendant appeals, contending that the trial court erred when it denied his request for alternative sentencing. Finding no reversible error, we affirm the trial court's judgments. |
Washington | Court of Criminal Appeals | |
State of Tennessee v. Howard Duty, Jr.
Convicted by a jury of assault and aggravated stalking, the defendant, Howard Duty, Jr., appeals. In addition to claiming that his convictions are not supported by sufficient evidence, he claims it was error for the trial court to enhance a charge of misdemeanor stalking to the felony of felony stalking. The lower court imposed the felony stalking conviction based upon a previous conviction of stalking that was adjudicated after the commission of the offense in the present case. Based upon our review, we conclude that sufficient evidence supports the stalking conviction; however, the aggravation of the stalking offense to a felony was improper. Thus, the lower court's actions are reversed in part and affirmed in part. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Jarvis Williams and John Williams
Defendant Jarvis Williams was convicted of seven counts of especially aggravated kidnapping and four counts of aggravated robbery. He was sentenced to an effective term of 360 years in the Department of Correction for these offenses. In this direct appeal, he challenges the length of his sentence. Co-defendant John Williams was convicted of five counts of especially aggravated kidnapping and three counts of aggravated robbery. He was sentenced to an effective term of 161 years in the Department of Correction for these offenses. In this direct appeal, he challenges the sufficiency of the evidence and the length of his sentence. We affirm the judgments of the trial court in all respects. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Dedrick Dewayne Chism
A Henry County Circuit Court jury convicted the defendant, Dedrick Dewayne Chism, of two counts of selling more than one-half gram of cocaine, a Class B felony, and the trial court sentenced him as a Range II, multiple offender to twelve years for each conviction to be served concurrently. The defendant appeals, claiming that (1) the evidence is insufficient to support his convictions, (2) the state improperly withheld an exculpatory witness’s name from the defense, and (3) the trial court erred by refusing to allow the defense to impeach a state witness with his prior conviction and bad acts. We affirm the judgments of the trial court. |
Henry | Court of Criminal Appeals | |
Alan Reece Cunningham vs. Sylvia Delain Cunningham
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Putnam | Court of Appeals | |
Alice Hale vs. Wayne Culpepper
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Coffee | Court of Appeals | |
Erik Maasikas vs. Metropolitan Government of Nashville and Davidson County
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Davidson | Court of Appeals | |
Thomas G. Hyde vs. Ishikawa Gasket America
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Rutherford | Court of Appeals | |
Clement Bernard vs. Sumner Regional Health System
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Sumner | Court of Appeals | |
State of Tennessee v. Donald P. McGuire
The defendant appeals the trial court's revocation of his community corrections placement. Because the record supports the trial court's ordering the defendant to serve the balance of his original sentences, we affirm. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. David Jennings
The defendant, David Jennings, pled guilty to burglary, a Class D felony; theft over $1,000, a Class D felony; vandalism, a Class D felony; simple possession of marijuana, a Class A misdemeanor; and possession of drug paraphernalia, a Class A misdemeanor. He was sentenced as a Range I, standard offender to an effective sentence of three years, fined a total of $400, and ordered to pay restitution. On appeal, he argues that the trial court erred in denying alternative sentencing. Following our review, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
Michael C. Adams v. State of Tennessee
The petitioner, Michael C. Adams, appeals the denial of his petition for post-conviction relief from his conviction for second degree murder and four counts of aggravated assault. He argues that he was denied effective assistance of counsel because his trial counsel failed to properly advise him of his right to testify and failed to properly communicate a plea offer and recommended that he proceed to trial. Following our review, we affirm the post-conviction court's denial of the petition. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Sharon J. Breeden
The defendant, Sharon J. Breeden, appeals the revocation of her probation. We affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Gene Shelton Rucker Jr.
A Hamilton County Grand Jury indicted the defendant, Gene Shelton Rucker, Jr., for felony murder and aggravated arson in connection with a fire that took the life of an individual who resided in the apartment structure that was burned. Following a jury trial, the defendant was convicted of the lesser-included offense of criminally negligent homicide and aggravated arson, as charged. The defendant now appeals his convictions and sentence. Specifically, the defendant argues (1) that the trial court erred by instructing the jury on criminal responsibility for the conduct of another; (2) that setting fire to personal property is a lesser-included offense of aggravated arson and should have been included in the charge to the jury; (3) that the instruction on the knowing mens rea element of aggravated arson was incorrect; (4) that the state violated the defendant's due process rights by advancing impermissibly inconsistent positions relative to the defendant and an indicted co-defendant; (5) that the evidence was insufficient to support his convictions; and (6) that his sentence should not have been enhanced on the basis of prior convictions that were not proven by certified copies of the underlying judgments. After a thorough review of the record, we affirm the defendant's convictions and sentence. |
Hamilton | Court of Criminal Appeals | |
Taurys K. Walls v. State of Tennessee
Petitioner, Taurys K. Walls, appeals from the trial court's dismissal of his petition for post-conviction relief. Petitioner argues that his confession was coerced in violation of the United States and Tennessee constitutions. Additionally, petitioner argues that he received ineffective assistance of counsel at trial and on direct appeal. After a careful review of the record, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Jason M. Weiskopf v. State of Tennessee
Petitioner, Jason M. Weiskopf, was convicted of first degree premeditated murder and was sentenced to life imprisonment. This Court affirmed Petitioner’s conviction. State v. Jason M. Weiskopf, No. W2000-02308-CCA-RM-CD, 2000 Tenn. Crim. App. LEXIS 787 (Tenn. Crim. App. at Jackson, October 11, 2000). Petitioner timely filed a petition for post-conviction relief. Following an evidentiary hearing, the trial court denied post-conviction relief. In this appeal, Petitioner raises one issue for our review: whether trial counsel was ineffective for failing to present evidence of Petitioner’s diminished capacity. After a careful review of the record, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Grady Paul Daverson
A jury convicted the defendant, Grady Paul Daverson, of driving under the influence, fourth or subsequent offense. In this appeal, the defendant argues his arrest was illegal; therefore, the trial court erred by not suppressing the evidence against him. We affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Stanley Gunter vs. Labcorp, et al
We granted permission to appeal to determine the applicable statute of limitations in this action against a laboratory that analyzes blood for purposes of providing evidence in paternity cases. The trial court ruled that the case was "governed by the applicable one year statute of limitations" in Tennessee Code Annotated sections 28-3-104 and 29-26-116, which refer to injuries to the person and medical malpractice claims, and dismissed the action because the suit was filed outside the one-year limitation. The intermediate court applied the three-year statute of limitations applicable to suits for recovery of monetary damages for injuries to personal property and, thereby, reversed the trial court's ruling. We conclude that this action sounds in negligence rather than medical malpractice. Further, we conclude that the economic loss sustained by the plaintiff is an injury to property rather than to the person. Thus, we hold that the three-year statute of limitations for injury to personal property applies. Accordingly, we affirm the judgment of the Court of Appeals and remand the case to the trial court for further proceedings consistent with this opinion. |
Davidson | Supreme Court | |
Lewis Langley vs. Sarah Langley
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Davidson | Court of Appeals | |
Ricky Lynn Frazier v. State of Tennessee
The petitioner, Ricky Lynn Frazier, appeals the trial court's dismissal of his post-conviction petition. In this appeal, he argues that the Department of Correction has failed to properly apply the jail credits he earned prior to the entry of his guilty plea. Because the proper avenue for review of the application of sentence reduction credits is the Administrative Procedures Act, the judgment of the trial court is affirmed. |
Chester | Court of Criminal Appeals | |
Kenneth Robert Daniels v. Howard Carlton, Warden
The petitioner, Kenneth Robert Daniels, appeals as of right the Johnson County Circuit Court's dismissal of his petition for habeas corpus relief. In this pro se appeal, the petitioner contends that he should be granted habeas corpus relief because his judgment of conviction for especially aggravated robbery is void. The state contends that the trial court properly dismissed the petition for failure to state a claim. We affirm the trial court's dismissal of the petition. |
Johnson | Court of Criminal Appeals |