State vs. Derrick Williams W1999-01231-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Dick Jerman, Jr.
This appeal arises from the defendant's challenge to his sentence of twelve years plus a $10,000 fine for vehicular homicide, four years for reckless aggravated assault, one year for leaving the scene of an accident, and eleven months and twenty-nine days plus a $350 fine for driving under the influence. The sentences are to be served concurrently. The defendant disputes the trial court's application of three of four enhancement factors and refusal to apply a mitigating factor in reaching the sentence. Based upon our review, we affirm the convictions for vehicular homicide, reckless aggravated assault, and leaving the scene of an accident, and reverse and dismiss the conviction for driving under the influence, this offense being merged into the conviction for vehicular homicide. Additionally, we conclude that the trial court incorrectly applied certain enhancement factors. According, we reduce the sentence for vehicular homicide to ten years and the sentence for reckless aggravated assault to three years. All sentences are to be served concurrently, as ordered by the trial court.
Crockett
Court of Criminal Appeals
State vs. James Snider W1999-01849-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Roy B. Morgan, Jr.
The defendant was found guilty of rape of a child and aggravated sexual battery. He appealed, arguing that the evidence was insufficient to support a guilty verdict and that the trial court erred in allowing the victim's mother to testify to hearsay statements made by the victim, in prohibiting the defendant from questioning the victim's mother about sexual abuse in her childhood, and in sentencing the defendant in an excessive manner on the rape conviction. We conclude that these issues are without merit and affirm the judgment of the trial court.
Madison
Court of Criminal Appeals
State vs. Dana Louise Solomon E1999-01108-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Mary Beth Leibowitz
The appellant, Dana Louise Solomon, was convicted by a jury in the Knox County Criminal Court of first degree murder and received a sentence of life imprisonment in the Tennessee Department of Correction. On appeal, she raises several issues for our review. However, because the appellant failed to timely file her motion for new trial, she has waived all issues with the exception of her challenge to the sufficiency of the evidence underlying her conviction. Moreover, the appellant failed to timely file her notice of appeal. Nevertheless, in the interest of justice, we address the sufficiency of the evidence. Upon a review of the record and the parties' briefs, we affirm the judgment of the trial court.
Knox
Court of Criminal Appeals
State vs. Jesse Ross Tolbert E1999-02326-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: E. Eugene Eblen
Defendant appeals as of right from his conviction of aggravated assault. At trial the trial judge did not let defense counsel question the sole prosecution witness about the witness' guilty plea to extortion and subsequent judicial diversion. The court did allow questioning regarding the facts underlying the witness' prosecution. Defendant now alleges that this evidentiary ruling violated his rights under the confrontation clauses of the United States and Tennessee Constitutions. We hold that the trial court erred. Under Tennessee Rule of Evidence 608 defense counsel should have been allowed to question the witness regarding the guilty plea and judicial diversion. However, we conclude that the error is harmless beyond a reasonable doubt. We thus affirm the judgment of the trial court.
Roane
Court of Criminal Appeals
State vs. Letivias Prince M1998-00005-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Robert W. Wedemeyer
The defendant, Letivias Prince, was convicted of first degree murder and was sentenced to life imprisonment. On appeal, the defendant argues that the jury pool did not adequately represent the racial makeup of the community; that pre-trial publicity deprived him of a fair trial; that the trial court erred by permitting eight peremptory challenges in jury selection; that the trial court erred by allowing the state to either call a rebuttal witness or receive a missing witness instruction; that the trial court erred by instructing the jury regarding the order of consideration of offenses; and that the evidence was insufficient to sustain his conviction. The judgment of the trial court is affirmed.
Montgomery
Court of Criminal Appeals
State vs. Timothy C. Hutson M1999-00329-CCA-R9-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Steve R. Dozier
This appeal arises from the order of the Davidson County Criminal Court upholding the district attorney general's refusal to accept the application of the defendant, Timothy C. Hutson, for pretrial diversion. The defendant asserts that the trial court erred in failing to determine that the district attorney general abused his discretion by relying on facts not supported by the evidence and by failing to consider all relevant factors. We conclude that substantial evidence was before the district attorney general to support the validity of each factor relied on in denying pretrial diversion and that there was substantial evidence to show that the district attorney general considered all relevant factors. Accordingly, the judgment of the trial court is affirmed.
Davidson
Court of Criminal Appeals
State vs. William M. Hukowicz M1999-00073-CCA-R9-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: J. O. Bond
Following a suppression hearing, the Wilson County Criminal Court, J.O. Bond, J., ordered certain portions of the defendant's statement given to police suppressed, holding that the defendant had exercised his right to remain silent. The state filed an interlocutory appeal. The Court holds that the evidence does not preponderate against the trial court's finding that the defendant's refusal to answer other questions by stating "no comment" or a similar declaration was a proper assertion of the defendant's right to remain silent. However, the trial court should have suppressed the entire statement given following the defendant's assertion of his right to remain silent. Remanded.
Wilson
Court of Criminal Appeals
State vs. Joe W. Steward M1999-01284-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Cornelia A. Clark
Because the defendant, Joe W. Steward, was lawfully stopped at a traffic enforcement roadblock, his conviction for driving under the influence, second offense, is affirmed. The issue reserved on appeal by the defendant does not warrant suppression of the evidence.
Lewis
Court of Criminal Appeals
State vs. Gerald W. McCullough M1999-01525-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: William Charles Lee
The defendant, Gerald W. McCullough, was convicted of aggravated sexual battery. The trial court imposed a twelve-year sentence. In this appeal of right, the defendant contends that the trial court erred by allowing proof of more than one instance of sexual misconduct and by imposing an excessive sentence. Because the sentence was not excessive, and because the defendant waived the issue of the admissibility of uncharged sex crimes, the judgment is affirmed.
Bedford
Court of Criminal Appeals
State vs. Ricky Lee Cook M2000-00178-CCA-R3-CD
Authoring Judge: Judge Cornelia A. Clark
Trial Court Judge: Jane W. Wheatcraft
Defendant appeals the revocation of his probation and reinstatement of a portion of his original sentence. The defendant plead guilty to possession of drug paraphernalia, and received a sentence of eleven (11) months, twenty-nine (29) days, which was completely suspended after the service of forty-eight (48) hours. After a revocation hearing, the trial court revoked defendant's probation and required him to serve a portion of his sentence. Concluding that the defendant violated at least four specific terms of his probation, we affirm the judgment of the trial court.
Sumner
Court of Criminal Appeals
Ella Pruett vs. Wal-Mart W1999-01026-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Plaintiff sued employer under Americans With Disabilities Act and case was tried before a jury. After a jury verdict for plaintiff, defendant moved for judgment notwithstanding the verdict which the court granted. Plaintiff has appealed. The record reflects that defendant failed to move for a directed verdict at the conclusion of all of the evidence and also reflects that no judgment was entered on the jury verdict. Appeal dismissed.
Madison
Court of Appeals
Construction Company, Appellee v. Pennsylvania National M1999-01917-WC-R3-CV
Authoring Judge: Turnbull, Sp.J.
Trial Court Judge: Hon. Carol Mccoy, Chancellor
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with the Tenn. Code Ann. _5-6-225(e)(3) for hearing and reporting findings of fact and conclusions of law. In this case, a temporary employer and its insurance company contend the trial court erred in finding a deceased employee to be a loaned servant. The panel has concluded that the judgment of the trial court should be affirmed because the deceased employee was a loaned servant.
Davidson
Workers Compensation Panel
Walter Taylor, Jr. v. Athens Paper Company, Inc., et al. M1999-00853-WC-R3-CV
Authoring Judge: Turnbull, Sp. J.
Trial Court Judge: Hon. Ellen Hobbs Lyle, Judge
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. __ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer contends the trial court erred in finding the employee did not intentionally misrepresent his physical condition to the employer, and in finding a causal connection between the June 1998 accident and the October 1998 surgery and permanent impairment, and in finding employer responsible for "unauthorized" medical benefits. The panel has concluded that the judgment of the trial court should be affirmed on all issues.
Davidson
Workers Compensation Panel
Claudean Edwards Hulsey v. Peterbilt Motors M1999-00350-WC-R3-CV
Authoring Judge: Turnbull, Sp. J.
Trial Court Judge: Hon. James Walton, Judge
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this case, the employer contends that the award of permanent partial disability benefits is excessive. The employee asserts that the appeal is frivolous. The panel has concluded the award should be affirmed and no damages should be awarded for a frivolous appeal.
Walter Jefferson vs. Captain D's et al W1999-00574-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: George H. Brown
In this personal injury action, plaintiff timely filed suit, which was subsequently dismissed for failure to prosecute. Another suit was commenced within one year of the first dismissal. This suit was voluntarily nonsuited at a later date. A third suit was commenced within one year of the voluntarily nonsuit, but more than one year from the date of the first dismissal. The trial court granted summary judgment on the ground that the suit was barred by the statute of limitations. Plaintiff has appealed.
Shelby
Court of Appeals
State vs. William Dozier W1999-00243-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: William B. Acree
The defendant entered guilty pleas to three charges of sale of more than .5 grams of cocaine. The trial court sentenced the defendant as a Range I, standard offender to eight years in the Tennessee Department of Correction on each charge. The court ordered that the sentences be served concurrently for an effective sentence of eight years and fined the defendant $2,000. In this appeal as of right, the defendant challenges the sentence imposed by the trial court, arguing that the court erred by denying him an alternative method of punishment. We conclude that the trial court considered all relevant factors needed to reach an appropriate sentence and that its findings are adequately supported by the record. The defendant has failed to meet his burden of showing that the sentence was improper, and, accordingly, the judgment of the trial court is affirmed.
Obion
Court of Criminal Appeals
Paul Wallace vs. Rhonda Mitchell W1999-01487-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Trial Court Judge: Ron E. Harmon
Tenured teacher was discharged after an evidentiary hearing before the school board upon finding that the teacher inappropriately touched students and failed to discontinue the practice after warnings. The teacher filed a petition for writ of certiorari for review by the chancery court and after the chancery court's review of the record of the school board hearing, the action of the board dismissing the teacher was affirmed. The teacher has appealed to this Court.
The Trial Judge granted the Department's petition to terminate parental rights of the mother to her ten year old child on numerous grounds. The mother has appealed, and we affirm termination.
Greene
Court of Appeals
State vs. Wayne Michael Fuller E1999-01676-CCA-R3-CD
Trial Court Judge: Ray L. Jenkins
The defendant appeals from his sentence imposed for seven counts of statutory rape, a Class E felony, in the Knox County Criminal Court. The trial court imposed a sentence of two years for each count to be served in the Department of Correction. The trial court imposed consecutive sentencing on five counts and concurrent sentencing was imposed on two counts, for an effective sentence of ten years. In this direct appeal, the defendant challenges the length of the sentence and consecutive sentencing. We affirm the judgment of the trial court.
Knox
Court of Criminal Appeals
Carl O. Koella, Jr. vs. Fred McHargue, et al E1999-02752-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: C. K. Smith
This is the second time that this case has been before us on appeal. On the first appeal, which was filed with respect to an order entered pursuant to Tenn. R. Civ. P. 54.02, we affirmed the trial court's grant of partial summary judgment to the plaintiff on the primary issue raised by the original complaint for declaratory judgment. While that case was pending on appeal, the original plaintiff, Carl O. Koella, Jr., died, and, on motion of his counsel, we entered an order substituting his widow, Maribel Koella, in his place. On remand, the plaintiff -- not otherwise identified in the pleading -- filed a motion in the trial court to dismiss the defendants' still-pending counterclaim. That motion was based on the failure of the defendants, in their capacity as counter-plaintiffs, to file a motion "to substitute the proper party for [Mr. Koella] in the trial court." The trial court granted the motion. We reverse.
Blount
Court of Appeals
Byron Lowell Mitts vs. Virginia Ann Jones Mitts E2000-00374-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: W. Neil Thomas, III
The trial court dissolved a marriage of over 26 years. Wife appeals, arguing (1) that the increase in value of Husband's separate property interest in two stock holdings is, in each instance, marital property; (2) that the trial court erred in its award of alimony; (3) that the trial court erred in calculating Husband's child support obligation; and (4) that she is entitled to an award of attorney's fees, both at the trial level and on appeal. We affirm the trial court's classification of the increase in value of Husband's Rivermont stock as his separate property. We also affirm the trial court's finding that no portion of the value of the Coca-Cola stock is marital property. We modify the award of rehabilitative alimony so as to provide for a monthly payment of $2,000 for a period of four years beginning with the first full month after the entry of the divorce judgment below. We find that Wife is entitled to her attorney's fees at both stages of this proceeding. We remand this case for the trial court to determine if the child support obligation should be increased due to Husband's lack of standard visitation.
Hamilton
Court of Appeals
International Flight Center vs. City of Murfreesboro M1999-00324-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Royce Taylor
This appeal arises out of a dispute between Plaintiff International Flight Center ("IFC") and Defendants City of Murfreesboro ("City") and City of Murfreesboro Airport Committee ("Airport Committee") regarding the alleged breach of a lease agreement and the nonpayment of certain property taxes. The trial court granted a judgment in favor of IFC in the amount of $174,718.00 plus ten percent prejudgment interest. Additionally, the court ruled that the City is estopped from collecting the property taxes allegedly owed to the City by IFC. On appeal, we reverse the trial court's finding that the City breached the parties' 1989 lease agreement, vacate the court's ruling regarding the jet fuel equipment that was purchased by IFC but that remained at the Airport following the expiration of the parties' 1989 lease agreement, remand the cause for further findings of fact regarding this jet fuel equipment, affirm the court's ruling regarding the matter of prejudgment interest to the extent hereinafter discussed, and reverse the court's ruling that the City is estopped from collecting the real and personal property taxes allegedly owed to the City by IFC.
Rutherford
Court of Appeals
Richardson vs. Miller M1997-00205-COA-R3-CV
Authoring Judge: Judge William C. Koch, Jr.
Trial Court Judge: Marietta M. Shipley
