A Sullivan County jury convicted the defendant of theft over $1,000 for stealing a car. On appeal, he argues the evidence was insufficient to support his conviction. We affirm the judgment of the trial court.
State v. David Troxell M2000-01100-SC-R11-CD
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: Robert E. Burch
Dickson
Supreme Court
State of Tennessee v. Carl G. Dodd E2001-01304-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Thomas W. Graham
Carl G. Dodd appeals his rape conviction from the Rhea County Circuit Court. Dodd's conviction stems from a sexual assault upon a mentally retarded adult man. He is presently serving an eleven-year sentence in the Department of Correction for this crime. In this direct appeal, he claims that the trial court erred in admitting a psychological report as a business record even though it was not prepared by the agency through whose employee it was admitted, that the lower court erred in admitting evidence of the victim's statements to a caseworker about the crime, and that he was sentenced too harshly. Because we are unpersuaded of harmful error, we affirm.
Rhea
Court of Criminal Appeals
State of Tennessee v. Stevie Lawson E2001-01841-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Judge James E. Beckner
Convicted of facilitation of aggravated burglary, theft, and contributing to the delinquency of a minor, the defendant appeals and claims that (1) the trial court erroneously admitted the videotape deposition of the aggravated burglary and theft victim, (2) the jury's verdicts were inconsistent, and (3) the testimony of an accomplice was not adequately corroborated. On the issue of the admission of the victim's videotape deposition that was taken to preserve his testimony, we hold that the assistant district attorney general who took the deposition lacked authority to administer the oath to the deponent and that the lack of authority effectively resulted in no deposition being taken. However, we hold that the resulting videotape was a hearsay statement that was admissible into evidence for lack of a timely objection and that no plain error review is warranted. We also hold that the verdicts are valid despite any apparent inconsistency among them and that the testimony of an accomplice was adequately corroborated. Finding no reversible error, we affirm.
Hawkins
Court of Criminal Appeals
Jermaine A. Paine v. State of Tennessee W2001-01564-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Joseph B. Dailey
On February 23, 1999, the Defendant, Jermaine Payne, pled guilty to one count of second degree murder and two counts of attempted first degree murder. He was sentenced to twenty-five years for the second degree murder and fifteen years for each of the attempted murders. The sentences were to be served concurrently. The Defendant subsequently filed a pro se Petition for Post-Conviction relief which was amended with the aid of appointed counsel. The petition alleged that the Defendant was denied effective assistance of counsel. A hearing was held on the petition on January 12, 2001, and relief was denied. The Defendant now appeals the trial court's denial of post-conviction relief. We affirm the judgment of the trial court.
Shelby
Court of Criminal Appeals
Julia Beth Crews v. Buckman Laboratories W2000-01834-SC-R11-CV
Authoring Judge: Justice William M. Barker
Trial Court Judge: D'Army Bailey
The sole issue in this case is whether an in-house lawyer can bring a common-law claim for retaliatory discharge when she was terminated for reporting that her employer's general counsel was engaged in the unauthorized practice of law. The trial court dismissed the plaintiff's complaint for failure to state a claim, and the dismissal was affirmed by the Court of Appeals. We granted permission to appeal to the plaintiff and hold that in-house counsel may bring a common-law action for retaliatory discharge resulting from counsel's compliance with a provision of the Code of Professional Responsibility that represents a clear and definitive statement of public policy. Accordingly, the judgment of the Court of Appeals is reversed, and this case is remanded to the trial court for further proceedings.
Shelby
Supreme Court
State of Tennessee v. Charles Kirby W2001-00791-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge L. Terry Lafferty
The appellant, Charles Kirby, was found guilty of facilitation of the sale of cocaine in the amount of .5 gram or more. He was sentenced to five years incarceration in the Tennessee Department of Correction. The appellant timely filed a notice of appeal, alleging that the evidence is insufficient to support his conviction. After review of the record and the parties' briefs, we affirm the judgment of the trial court.
Defendant, James Robert Wilson, was convicted by a Davidson County jury of first degree felony murder and especially aggravated robbery. He was ordered to serve concurrent sentences of life imprisonment for the felony murder conviction and twenty years for the especially aggravated robbery conviction. Defendant appeals his convictions and presents the following five issues for review: (1) whether the trial court erred by admitting audio taped threat evidence; (2) whether the trial court erred by denying Defendant's motion for a mistrial based on a witness's characterization of Defendant as a "robber"; (3) whether the trial court erred by denying Defendant's motion for a mistrial based on the State's comment that Defendant failed to call a witness; (4) whether the trial court erred by denying Defendant's request for a jury instruction on accomplice testimony; and (5) whether the trial court erred in failing to charge all applicable lesser-included offenses. After a thorough review of the record, we affirm the judgment of the trial court.
Davidson
Court of Criminal Appeals
Pamela H Arvey v. Aztex Enterprises E2001-01262-WC-R3-CV
Authoring Judge: Howell N. Peoples, Special Judge
Trial Court Judge: Frank V. Williams, III, Chancellor
The employer contends the trial court erred in refusing to cap the award at two and one-half times the medical impairment and that the award is excessive under the facts. We affirm the judgment of the trial court.
Knox
Workers Compensation Panel
Pauline Cato v. Montgomery County Bd of Commissioners M2001-01846-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Michael R. Jones
This appeal arises from a property owner's efforts to rezone a 94-acre tract of property in the Sango community of Montgomery County from an agricultural to a residential classification. Despite the planning commission's approval of the proposal, the Montgomery County Commission declined to change the property's zoning classification. The property owner thereafter filed a petition for common-law writ of certiorari in the Chancery Court for Montgomery County asserting that the county commission had succumbed to community pressure and lacked any other appropriate basis for declining to rezone the property. The trial court, sitting without a jury, upheld the county commission's decision after concluding that it was fairly debatable whether the proposed development was compatible with the surrounding community. The property owner has appealed. We have determined that the courts have no basis to second-guess the county commission's decision and, therefore, we affirm the judgment.
Montgomery
Court of Appeals
Leo Davis Jr. vs. Angela Davis W2001-01748-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Joe C. Morris
This appeal arises from a divorce proceeding initiated by the husband. The trial court, holding that husband had engaged in inappropriate marital conduct, granted the divorce to the wife. The trial court valued and classified much of the parties' property with limited proof. The court further awarded wife attorney's fees and costs. Husband now raises several issues for our review. For the foregoing reasons, we affirm in part, reverse in part, and remand this case for further proceedings.
Madison
Court of Appeals
Donald King vs. Betty King W2001-01766-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Joe C. Morris
This is an alimony case. The parties were married for twenty-nine years. The wife is disabled and unable to work. Upon divorce, the husband was ordered to pay alimony in futuro until the wife reaches sixty-two years of age. On appeal, the husband argues that the trial court improperly assessed the wife's living expenses, and that the husband will not be able to afford the necessities of life if he is required to fulfill his alimony obligation. We affirm, finding that the trial court did not abuse its discretion.
Henderson
Court of Appeals
Lillard Watts vs. Kroger W2001-01834-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Rita L. Stotts
This is a personal injury case dismissed by the trial court as barred by the statute of limitation because it was filed more than one year after the first voluntary nonsuit. Plaintiff filed a motion to alter or amend the order of dismissal pursuant to Tenn. R. Civ. P. 59.04 and also filed a Tenn. R. Civ. P. 60.02 motion to set aside the orders of nonsuit as invalid. The trial court denied both motions, and plaintiff has appealed. We affirm.
Shelby
Court of Appeals
Ronnie Carroll vs. Nancy Braden vs. James Palmer W2001-01901-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: J. Steven Stafford
This appeal involves a disputed tract of land that the third-party plaintiff allegedly purchased in 1983 and received a deed for in 1987. The trial court held that plaintiff's statutes of limitation had expired and granted a motion for summary judgment in favor of the third-party defendant who executed the deed. For the following reasons, we affirm.
State of Tennessee v. Willie J. Miller, Jr. M2001-01868-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Judge Timothy L. Easter
The defendant appeals from his conviction for child rape rendered after a jury trial. On appeal, the defendant claims: (1) the trial court erred in denying the defendant's request for an appointed DNA expert; (2) the victim, who was five years old at the time of trial, was not competent to testify; and (3) the evidence was insufficient to support his conviction because the victim's testimony should not have been presented. We affirm the judgment of the trial court.
The appellant, Steven James McCain, was convicted by a jury in the Criminal Court of Davidson County of two counts of first degree premeditated murder. He received two consecutive sentences of life imprisonment with the possibility of parole. On appeal, the appellant raises the following issues for our review: (1) whether the trial court erred in denying the appellant's "Motion to Suppress Identifications Made During an Unconstitutional Photographic Line-Up Procedure"; (2) whether the trial court erred in denying the appellant's "Motion to Suppress Defendant's Statements"; (3) whether the trial court erred in admitting the audio-tape-recorded statement of Chad Collins; (4) whether the trial court erred in overruling the defense request for a mistrial when the prosecution improperly argued that the jury should consider Chad Collins' statement as substantive evidence at trial; and (5) whether the evidence was sufficient to support his convictions. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court.
Davidson
Court of Criminal Appeals
Frankie Davis vs. Jason Davis W2001-01842-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: George R. Ellis
In this post-divorce proceeding, the State of Tennessee filed a petition against Mr. Jason Davis (hereinafter "Father") for contempt and seeking child support arrears ordered to be paid to the custodial parent, Ms. Frankie Davis (Gant) (hereinafter "Mother"). The trial court granted the State a judgment in the amount of $1,660.00, representing the amount of State assistance paid to the Mother and children, to be liquidated by the Father at the rate of $10.50 per week. The State has appealed. We affirm as modified in part, reverse in part, and remand.
Larry Butler vs. Gwendolyn Butler W2001-01137-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: George R. Ellis
This is a contempt of court case. The father and mother were divorced in August 1999. The father was ordered to make child support payments to the mother. The mother later filed a motion to require the father to pay his child support obligation through income assignment. The mother then sought the assistance of a state-authorized child support enforcement contractor to assist her in obtaining an increase in child support. This act triggered statutory provisions associated with Title IV-D of the Social Security Act. The trial court denied the mother's motion to require income assignment, and ordered that the child support payments continue to be paid directly to the mother. The child support contractor then caused a child support payment coupon to be sent to the father, and also issued, on behalf of the Tennessee Department of Human Services, an administrative order to redirect the child support payments to the State's child support collection and disbursement unit. In response, the father filed a motion to hold the mother in civil contempt for taking actions to have the child support payments made by income assignment, and also sought an order enjoining the mother from utilizing the child support contractor. The trial court ordered that the administrative order be set aside. The mother then filed another motion, inter alia, to have the father pay child support by income assignment through the State's central child support collection and disbursement unit. The father filed another motion to have the mother and the child support contractor cited for contempt of court. The trial court held the mother and the child support contractor in contempt, fined each of them, ordered that they reimburse the father for the administrative fees and his attorney's fees, and pay court costs. We reverse, holding that the finding of contempt by the trial judge was an abuse of discretion because the original order was contrary to Tennessee law; Tennessee statutes require the father's child support payments to be redirected through the State child support collection and disbursement unit, and the record does not include evidence supporting an exemption from the statutory requirement that the payments be made by income assignment.
Haywood
Court of Appeals
CH-00-0659-1 CH-00-0659-1
Trial Court Judge: Walter L. Evans
Orlando Residence, Ltd. v. Nashville Lodging M2001-00648-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Ellen Hobbs Lyle
This is an action for damages for the fraudulent conveyance of a Nashville hotel to defeat the rights of a creditor of the original owner. After a trial and two prior appeals, the Chancery Court of Davidson County tried the case on the merits again in August of 2000. The jury returned a verdict in favor of the plaintiffs for $797,615. The defendants assert on appeal that the statute of limitations barred the claim, that the trial court erred in miscalculating the defendants' claim for restitution, and that there is no evidence in the record to support a finding that the transfer was fraudulent. We reverse the lower court's ruling that as a matter of law the statute of limitations had not run. In all other respects we affirm the lower court's judgment.
