Connie Parsons v. State of Tennessee
M2002-00807-CCA-R3-CO
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Hamilton V. Gayden, Jr.

The petitioner, Connie Parsons, pled guilty to two counts of criminal responsibility for facilitation of rape of a child and was sentenced to an effective sentence of twenty years in the Tennessee Department of Correction. On September 17, 2001, the petitioner filed pro se in the Davidson County Circuit Court a petition for habeas corpus relief, alleging that the trial court impermissibly interfered in the plea negotiations and, thus, her convictions were void. The habeas corpus court dismissed the petition and the petitioner timely appealed. Upon review of the record and the parties' briefs, we affirm the judgment of the habeas corpus court.

Davidson Court of Criminal Appeals

State of Tennessee v. Consuela P. Carter
M2002-01100-CCA-R3-CD
Authoring Judge: Judge Joseph M. Tipton
Trial Court Judge: Judge Don R. Ash

The defendant, Consuela P. Carter, appeals the Rutherford County Circuit Court's denial of full probation for her conviction for possessing with intent to sell less than one-half gram of cocaine, a Class C felony. She was sentenced to five years, with probation after serving nine months. We affirm the judgment of the trial court.

Rutherford Court of Criminal Appeals

State of Tennessee v. William Rhea Jackson
M2002-00762-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Steve R. Dozier

The Defendant, William Rhea Jackson, was convicted by a jury of aggravated burglary, robbery, misdemeanor theft, attempted rape, aggravated kidnapping, and two counts of rape. The trial court sentenced the Defendant to an effective term of thirty-four years in the Department of Correction. In this direct appeal, the Defendant raises eight issues: (1) whether the trial court erred in denying his motion to suppress his statement to the police; (2) whether the trial court erred in admitting certain testimony concerning fingerprints; (3) whether the trial court erred in admitting hearsay testimony about the victim's response to a photographic line-up; (4) whether the Defendant was entitled to a mistrial due to statements made by the prosecutor during closing argument; (5) whether the evidence is sufficient to support his convictions; (6) whether the conviction for aggravated kidnapping violates due process under State v. Anthony; (7) whether the trial court properly instructed the jury concerning lesser-included offenses; and (8) whether the Defendant's sentences are excessive. Because the trial court committed reversible error when it failed to instruct the jury on all of the lesser-included offenses of the indicted offenses of robbery and aggravated rape, we reverse and remand for retrial the Defendant's convictions of robbery and rape. In all other respects, we affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

State of Tennessee v. Buren E. Laney
E2002-01579-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge R. Jerry Beck

Buren E. Laney, convicted on his guilty plea to the offense of violation of an habitual traffic offender order, appeals from the lower court's imposition of a six-year incarcerative sentence. Because we disagree with Laney, a career offender, that the sentence imposed was improper, we affirm.

Sullivan Court of Criminal Appeals

State of Tennessee v. Jesse David Teasley
E2002-02011-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Mary Beth Leibowitz

The Defendant appeals from the Knox County Criminal Court's revocation of his probation. He contends that the trial court abused its discretion in revoking his probation and ordering him to serve the remainder of his sentences in confinement. We affirm the judgment of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Guadalupe Arroyo
E2002-00639-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Ray L. Jenkins

The appellant, Guadalupe Arroyo, entered guilty pleas to two counts of vehicular homicide by intoxication, Class B felonies. The trial court sentenced the appellant on each count to twelve years incarceration in the Tennessee Department of Correction and ordered that the sentences be served consecutively. On appeal, the appellant contends that the trial court erred in imposing the maximum sentences and in ordering the sentences to be served consecutively. Upon review of the record and the parties' briefs, we affirm the convictions of vehicular homicide; however, finding error in the trial court's sentencing determinations, we remand for resentencing.

Knox Court of Criminal Appeals

Leroy McBee v. David Elliott
M2002-00277-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Jeffrey F. Stewart
In this case, a brother and sister dispute who is the actual owner of property formerly owned by their deceased parents. We are asked to decide if the trial court properly relied upon promissory estoppel and adverse possession to recognize that the brother had a defense to this claim for possession. We affirm the decision of the trial court.

Franklin Court of Appeals

State of Tennessee v. Kenneth Russell Amick
M2002-01931-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Jane W. Wheatcraft

The defendant challenges the revocation of his probation by the Sumner County Criminal Court. We affirm.

Sumner Court of Criminal Appeals

State of Tennessee v. Wallace Jones
M2002-00738-CCA-R9-CO
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge J. O. Bond

In a four-count indictment, Defendant, Wallace Jones, was charged with statutory rape, sexual battery, contributing to the delinquency of a minor, and exhibition of material harmful to a minor. He applied for pre-trial diversion, which the district attorney general declined to grant. Defendant filed a petition for writ of certiorari, and following a hearing, the trial court entered an order denying Defendant's request to be placed on pre-trial diversion. Defendant filed a motion for an interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure, which was granted by the trial court and this court. On appeal, the State concedes that the district attorney abused his discretion and that the judgment of the trial court should be reversed and this case remanded to the district attorney general to properly consider all facts pursuant to State v. Bell, 69 S.W.3d 171 (Tenn. 2002). We agree. Accordingly, the judgment of the trial court is reversed and this case is remanded to the district attorney general to consider and weigh all relevant factors to the pre-trial diversion determination. Furthermore, we conclude that the trial judge should be recused from further proceedings in this matter.

Wilson Court of Criminal Appeals

Edward Gray vs. Johnson Mobile Homes
W2001-01982-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Dewey C. Whitenton
This is a contract case. The buyer contracted to purchase a mobile home. After the home was delivered, the buyer inspected it and found it to be in unsatisfactory condition. The buyer complained to the seller and then to the manufacturer, each of whom attempted to remedy the problems. The buyer found the repairs to be unacceptable and revoked his acceptance of the mobile home. The buyer sued the seller, the manufacturer, and the finance company. The buyer settled with the finance company. The seller became insolvent and did not appear at the trial. Consequently, the buyer went to trial against the seller and the manufacturer, with only the manufacturer present. The trial court found for the buyer and apportioned the damages between the seller and the manufacturer. On appeal, the buyer argues that the trial erred in apportioning the damages between the seller and the manufacturer, and in awarding him insufficient damages. The manufacturer argues that the trial court erred in denying its motion for involuntary dismissal, and in awarding damages against the manufacturer. We affirm.

Hardeman Court of Appeals

State of Tennessee v. Rachel N. Bennett
M2002-01215-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Timothy L. Easter

The appellant, Rachel N. Bennett, pled guilty in the Williamson County Circuit Court to eighteen felony offenses. The trial court sentenced the appellant to a total effective sentence of nine years incarceration in the Tennessee Department of Correction. On appeal, the appellant contests the trial court’s imposition of consecutive sentencing. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court.

Williamson Court of Criminal Appeals

State of Tennessee v. Homer Frank Beavers
E2002-00781-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Douglas A. Meyer

The appellant, Homer Frank Beavers, pled guilty in the Hamilton County Criminal Court to two counts of aggravated assault and one count of assault. The trial court sentenced the appellant as a standard Range I offender to a total effective sentence of five years incarceration in the Tennessee Department of Correction. The trial court denied the appellant's request for probation and the appellant appealed to this court. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

Hamilton Court of Criminal Appeals

Leonard Hutchison and James Harper v. State of Tennessee
E2001-02737-CCA-R3-PC
Authoring Judge: Presiding Judge Gary R Wade
Trial Court Judge: Judge Richard R. Baumgartner

The post-conviction court granted each of the petitioners post-conviction relief on the grounds that the state had violated the requirements of Brady v. Maryland, 373 U.S. 83 (1963), by failing to disclose an exculpatory FBI laboratory report and an exculpatory witness statement. In this appeal of right, the state contends (1) that Harper's petition is barred by the applicable statute of limitations; (2) that the trial court erred by permitting the petitioners to amend their petitions and allege new grounds after a remand from this court; (3) that the trial court erred by determining that the state suppressed the FBI laboratory reports and a witness statement; and (4) that Hutchison received the effective assistance of counsel at trial, an alternative ground for relief asserted by Hutchison. In response to the state's appeal, the petitioners assert that the trial court erred by excluding from evidence the affidavit of a juror which would demonstrate that the FBI lab reports would have created reasonable doubt. The judgment is affirmed.

Knox Court of Criminal Appeals

State of Tennessee v. George H. Hutchins
E2002-00219-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge R. Jerry Beck

The defendant was convicted of violation of an habitual motor vehicle offender order, a Class E felony, and sentenced to two years as a Range I, standard offender in the Department of Correction. He argues on appeal that the trial court improperly set his sentence at the maximum by failing to give adequate weight to applicable mitigating factors and erred in denying his request for full probation or other alternative sentencing. Based on our review, we affirm the judgment of the trial court.

Sullivan Court of Criminal Appeals

Issac Milholen v. State of Tennessee
W2002-00963-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Roy B. Morgan, Jr.

The petitioner, Isaac Milholen, was convicted in 1997 of rape of a child and incest and sentenced to twenty-three years and eight years, respectively. His convictions were affirmed on direct appeal. Subsequently, he filed a petition for post-conviction relief alleging ineffective assistance of counsel. The post-conviction court dismissed his petition because he had brought an ineffective assistance of counsel claim in his direct appeal, and he now appeals that dismissal. We affirm the order of the post-conviction court dismissing the petition.

Chester Court of Criminal Appeals

State of Tennessee v. Michael Lewis
W2001-03121-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Joseph H. Walker, III

A Lauderdale County jury convicted the defendant, Michael Lewis, of reckless aggravated assault. On appeal, the defendant contends (1) the evidence was insufficient to support the conviction; (2) the trial court erred in conducting an ex parte hearing outside the presence of the defendant and his attorney; (3) the trial court erred in permitting a witness to testify to statements made by the co-defendant; (4) the trial court erred in refusing to admit into evidence a letter allegedly written by the victim; and (5) the trial court erred in permitting the defendant to represent himself. Upon reviewing the record and the applicable law, we affirm the judgment of the trial court.

Lauderdale Court of Criminal Appeals

State of Tennessee v. Boyd L. Jones, III
W2002-00827-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge John P. Colton, Jr.

The Defendant, Boyd L. Jones, III, pled guilty to possession of marijuana. As part of his plea agreement, he expressly reserved with the consent of the trial court and the State the right to appeal three related certified questions of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). The certified questions of law stem from the trial court's denial of the Defendant's motion to suppress. The central issue in this appeal is whether law enforcement officers violated the Defendant's Fourth Amendment right to be free from unreasonable searches and seizures when they entered his residence without a search warrant and detained him until they obtained written consent to search from the lessee of the residence. We affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Christopher A. Davis
M2001-01866-CCA-R3-DD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The Appellant, Christopher A. Davis, was found guilty by a jury of two counts of first degree murder, two counts of especially aggravated robbery, and two counts of especially aggravated kidnapping. The jury sentenced the Appellant to death for each of the first degree murder convictions. The Appellant presents the following issues in this appeal as of right: (1) The trial court erred by not granting the Appellant's motion to disqualify the Davidson County District Attorney General's office from prosecuting the case; (2) the trial court erred by not granting the Appellant's motion to prohibit the State from relying upon the Appellant's prior murder conviction as an aggravating circumstance, because the conviction was for a crime committed while the Appellant was a juvenile; (3) the trial court erred by not suppressing the statement the Appellant made to police; (4) the trial court erred by denying defense counsel's motion to be allowed to withdraw from representing the Appellant; (5) the trial court erred by granting the State's motion to require the Appellant to supply the State information concerning mental health expert testimony to be presented during the sentencing phase of the trial; (6) the trial court erred by allowing a physician who did not perform the autopsy to testify concerning the autopsy and evidence obtained in connection therewith; (7) the trial court erred in allowing victim impact evidence to be introduced; (8) that the evidence presented at trial was insufficient to support a finding of guilt beyond a reasonable doubt; (9) that the evidence presented was insufficient to support the jury's finding that the aggravating circumstances outweighed any mitigating circumstances beyond a reasonable doubt; (10) that the evidence presented was insufficient to support a finding that the aggravating factors were established beyond a reasonable doubt; (11) that Tennessee's death penalty statutory scheme is unconstitutional in several instances; (12) that the trial court erred in allowing certain cross-examination of defense witnesses; and (13) that the cumulative effect of errors made at trial denied the Appellant a fair trial in violation of his due process rights. Based on our review of the record on appeal, we affirm both the Appellant's convictions and the sentences imposed.

Davidson Court of Criminal Appeals

Sam Thomas Burnett v. Board of Professoinal Responsibility
M2002-01281-SC-R3-CV
Authoring Judge: Justice Frank F. Drowota, III
Trial Court Judge: J. S. Daniel
This appeal involves the petition of Sam Thomas Burnett for reinstatement to the practice of law pursuant to Tennessee Supreme Court Rule 9, section 19. The sole issue on appeal is whether the petitioner has the competency and learning in law required to practice law in this State. Both the hearing committee and the trial court found the petitioner to be morally fit to practice law in this State and determined that his resumption of the practice of law will not be detrimental to the integrity and standing of the bar or the administration of justice or subversive to the public interest. The Board has not challenged these findings on appeal. Petitioner argues that the Chancery Court erred by conditioning the reinstatement of his license to practice law upon successful completion of the Tennessee bar examination. The Board of Professional Responsibility ("Board") responds that the Chancery Court properly applied Board of Professional Responsibility v. Davis, 696 S.W.2d 528 (Tenn. 1985), which requires successful completion of the essay portion of the Tennessee bar examination as a condition of reinstatement in cases, such as this one, where the petitioner has not practiced law for a period of ten years. We are constrained to disagree. While Davis created a presumption that generally requires successful completion of the essay portion of the bar examination for persons seeking reinstatement who have not practiced law for ten years or more, this presumption may be overcome with clear and convincing proof that the petitioner has taken specific steps during the course of the suspension to maintain competency and knowledge of Tennessee law. The petitioner has offered evidence sufficient to overcome the presumption. Specifically, the record reflects that the petitioner obtained the required number of continuing legal education courses throughout his suspension, that he reviewed the advance sheets reporting Tennessee appellate decisions throughout his suspension, that he worked in law-related fields throughout his suspension, both while incarcerated and after his release, that following his release from prison he assisted two of his children in their law school studies and in their preparations for the bar examination, and that he discusses legal issues and legal developments on a regular basis with his children and other attorneys and also on a radio talk show in Nashville. We hold that the petitioner has offered clear and convincing evidence of his "competency and learning in law" which overcomes the presumption requiring successful completion of the essay portion of the Tennessee bar examination as a condition to reinstatement. Having satisfied the criteria, the petitioner is reinstated without condition. The judgment of the Chancery Court granting the petition for reinstatement therefore is affirmed as modified.

Fentress Supreme Court

Ben Wilson vs. Kate Wilson Ward
E2001-02177-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Thomas R. Frierson, II
The Trial Court, exercising its equitable powers, ordered property sold and proceeds distributed in accordance with the terms of a Will in an estate closed in 1982. On appeal, we affirm.

Greene Court of Appeals

State of Tennessee v. Christopher G. Greenwood
M2002-01349-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Donald P. Harris

The defendant was convicted of driving under the influence of an intoxicant with a blood alcohol content of .10% or more, third offense. On appeal, he contends: (1) the trial court erred in denying his motion for a mistrial after the jury heard evidence of other crimes committed by the defendant; (2) the trial court erred in barring testimony of the arresting officer that he opined the defendant's blood alcohol content was rising at the time of the blood withdrawal; and (3) the evidence was insufficient to support the conviction because the state presented no evidence extrapolating his .12% test result back to the time he was driving. We affirm the judgment of the trial court.

Williamson Court of Criminal Appeals

Robert Dallis Payne v. State of Tennessee - Order
M2002-01389-CCA-R3-PC
Authoring Judge: Judge David G. Hayes

The Appellant, Robert Dallis Payne, appeals the order of the Hickman County Circuit Court summarily dismissing his motion to reopen his petition for post-conviction relief. Upon review of the record before this Court, we conclude that the Appellant has failed to perfect his application for permission to appeal in accordance with the applicable statutory provisions and, therefore, the appeal should be dismissed.

Hickman Court of Criminal Appeals

State of Tennessee v. Robert Johnson
W2001-02611-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge J. C. Mclin

The appellant, Robert Johnson, was found guilty in the Shelby County Criminal Court of forgery and was sentenced to six years incarceration. On appeal, the appellant contests evidentiary rulings of the trial court and the sufficiency of the evidence supporting his conviction. Concluding that the appellant's arguments have no merit, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

Gurkin'S Drive-In Market v. Alcohol And Licensing
CH-01-2581-1
Trial Court Judge: Walter L. Evans

Shelby Court of Appeals

In Re: Shiann Horner
E2002-00588-COA-R3-JV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Thomas J. Wright
This appeal focuses on the trial court's guardianship decree regarding Shiann Marie Horner (DOB: November 18, 1996) ("the child"). When the child's mother died, she moved in with her father, Charles E. Horner ("the father"), in Greene County. Following the father's incarceration as a result of his second arrest for driving under the influence of an intoxicant ("DUI"), the child started living full-time with her weekend caregivers, Ralph L. Hensley and Diana Hensley ("the Greeneville couple"), a married couple who are not related to the child by blood or marriage. The child's maternal aunt, Lori Lynn Kopsi, a resident of Menominee, Michigan ("the Michigan aunt"), filed a petition seeking custody of the child. The Greeneville couple responded with their own petition for custody. Following a hearing on the competing petitions, the trial court determined that it was in the child's best interest that the Greeneville couple should serve as the child's guardian. The Michigan aunt appeals, challenging the trial court's judgment. We affirm.

Greene Court of Appeals