Justin L. Horstead v. State of Tennessee
In 2013, the Petitioner, Justin L. Horstead, entered a best interest plea to aggravated robbery. The trial court sentenced him in accordance with the plea agreement to ten years, to be served concurrently with a previous probationary sentence of six years. The Petitioner timely filed a petition for post-conviction relief alleging that he had received the ineffective assistance of counsel and that, but for counsel’s errors, he would have insisted on taking his case to trial. After a hearing, the post-conviction court denied the petition. On appeal, the Petitioner contends that the post-conviction court erred when it denied his petition. We affirm the post-conviction court’s judgment. |
Montgomery | Court of Criminal Appeals | |
Joseph Gilbert Williams, Jr. vs. State of Tennessee
In 2013, a Davidson County jury convicted the Petitioner, Joseph Gilbert Williams, Jr., of violation of the sex offender registry, third offense. The Petitioner appealed, and this Court dismissed the appeal for failure to file a brief as ordered. State v. Joseph Gilbert Williams, Jr., No. M2014-00019-CCA-R3-CD, (Tenn. Crim. App., at Nashville, July 10, 2014). In 2015, the Petitioner filed a pro se petition for post-conviction relief, contending that the State failed to disclose favorable evidence to him and that he was denied the effective assistance of counsel. The trial court summarily dismissed the petition as untimely filed. The Petitioner then untimely filed his notice of appeal. On appeal, the Petitioner contends that the post-conviction court erred when it summarily dismissed his petition. Finding that the post-conviction petition was not timely filed, we dismiss the appeal. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Robert Henry Jackson
The Williamson County Grand Jury indicted the Defendant-Appellant, Robert Henry Jackson, for two counts of aggravated stalking, one count of coercion of a witness, and one count of contributing to the delinquency of a minor. During trial, the State dismissed the coercion of a witness count. The jury acquitted the Defendant-Appellant of the aggravated stalking counts but found him guilty of the count charging him with contributing to the delinquency of a minor, a Class A misdemeanor. See T.C.A. § 37-1-156. Following a sentencing hearing, the trial court imposed a sentence of eleven months and twenty-nine days, with the Defendant-Appellant to serve ninety days’ confinement before serving the remainder of his sentence on supervised probation. On appeal, the Defendant-Appellant argues that the evidence is insufficient to sustain his conviction and that his sentence is excessive. Upon review, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
Clean Harbors Environmental Services, Inc. v. State of Tennessee
This appeal arises from a contract dispute. The Tennessee Department of Environment and Conservation (“TDEC”) contracted with a third party for the collection and disposal of certain types of waste. The contract required the waste to be disposed of within the United States. TDEC claimed the contractor allowed waste to move outside the United States and, as a result of the alleged contract violation, recouped a portion of the contract payments by “short-paying.” The contractor filed a complaint with the Tennessee Claims Commission to recover the recouped payments. On cross-motions for summary judgment, the Claims Commission granted summary judgment in favor of the contractor but denied its request for pre-judgment interest. Although for purposes of summary judgment it assumed that some waste collected by the contractor left the country, the Claims Commission found such a breach by the contractor to be immaterial. TDEC and the contractor both appeal. We affirm the grant of summary judgment to the contractor, although on different grounds; we reverse the denial of pre-judgment interest. |
Court of Appeals | ||
Jill St. John-Parker v. Virgil Duane Parker
In this divorce, the trial court's main challenge was to classify and divide corporate debentures worth over two million dollars. After considering the evidence, the trial court classified all of the debentures as marital property and awarded Wife a share equal to $450,000. After this Court granted Husband's motion to stay execution on distribution of the assets, the trial court awarded Wife temporary alimony. We have concluded that the trial court erred in its division of the debentures and in awarding attorney fees to Wife for her attorney's work regarding Husband's motion to stay execution. In all other respects, we affirm the trial court's decision. |
Bradley | Court of Appeals | |
Credential Leasing Corporation of Tennessee, Inc. v Patrick L. White
The defendant, a practicing attorney, prepared a deed of trust for the benefit of the plaintiff lender concerning a loan made by the lender to the defendant‘s brother. The subject property was subsequently foreclosed upon by the first mortgage holder without notice to the lender. The lender later discovered that its deed of trust contained certain defects. The lender filed the instant action against the defendant, claiming that the defendant was liable for professional negligence, breach of contract, fraudulent misrepresentation, and a violation of the Tennessee Consumer Protection Act. The trial court granted summary judgment in favor of the lender on the professional negligence claim while granting summary judgment in favor of the defendant on the breach of contract claim. |
Monroe | Court of Appeals | |
State of Tennessee v. Larry Michael Berkley
The Defendant-Appellant, Larry Michael Berkley, was convicted by a Lauderdale County jury of two counts of rape, four counts of aggravated statutory rape, four counts of sexual battery by an authority figure, and four counts of statutory rape by an authority figure. On appeal, Berkley argues that (1) the evidence was insufficient to support his convictions; (2) the trial court erred in admitting cumulative and unduly prejudicial testimony; and (3) the trial court erred in allowing a witness to testify about a news report regarding Berkley in violation of Rule 404(b) of the Tennessee Rules of Evidence. Upon review, we affirm the judgments of the trial court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Pamela Moses
Defendant, Pamela Moses, was indicted by the Shelby County Grand Jury for theft under $500. Defendant was convicted by a jury as charged. The trial court imposed a $350 fine. Defendant appeals and raises the following issues for our review: 1) the trial court improperly allowed a witness for the State, who was an inmate, to wear “street” clothing when she testified; 2) the trial court erred by limiting cross-examination of a State's witness; and 3) the State committed prosecutorial misconduct during closing argument. Having reviewed the record on appeal, we conclude that the judgment of the trial court should be affirmed. |
Shelby | Court of Criminal Appeals | |
Craig Abston v. State of Tennessee
The Petitioner, Craig Abston, appeals as of right from the Shelby County Criminal Court’s denial of his petition for post-conviction relief. On appeal, he raises the same lone issue that he raised in his petition and at the evidentiary hearing: that trial counsel was ineffective for failing to file a motion to suppress a statement given to police following his arrest. The State first challenges our jurisdiction to hear this appeal, and, alternatively, contends that the Petitioner has failed to prove that the post-conviction court erred in denying him relief. In reply, the Petitioner disagrees with the State’s jurisdictional argument and asks that we proceed to consider the issue on its merits. Upon careful review, we reject the State’s jurisdictional challenge. After considering the merits of the Petitioner’s claim, we conclude that he is not entitled to relief. Accordingly, the judgment of the post-conviction court is affirmed. |
Shelby | Court of Criminal Appeals | |
Patricia Harper v. Eric Dixon Et Al.
This is a breach of contract action involving a residential kitchen remodeling project. The plaintiff homeowner filed a complaint against the defendant contractor and his construction company, alleging that the contractor had breached the parties' contract by failing to complete the project and walking off the job. The contractor filed a counter-complaint, alleging, inter alia, that the homeowner owed the construction company funds for work completed and reimbursement of material costs. Following a bench trial, the trial court dismissed the individual contractor as a party but found that the construction company had materially breached the contract. Setting off the amount the homeowner owed contractually from the damages determined, the court awarded a judgment to the homeowner in the amount of $3,555.40. The homeowner appeals the amount of the damages award and the set-off. She further appeals the trial court's denial of her oral motion to allow her substitution as party plaintiff in the capacity of trustee for her son, to whom she had conveyed her interest in the home in trust. Having determined that the trial court made two mathematical errors in calculating the final award to the homeowner, we modify the award to $4,055.40. We affirm the judgment in all other respects. |
Sevier | Court of Appeals | |
Jennifer Hannah v. State of Tennessee
The Petitioner, Jennifer Hannah, appeals as of right from the post-conviction court’s denial of her petition for post-conviction relief, wherein she challenged her convictions for four counts of child neglect, one count of first degree felony murder during the perpetration of aggravated child neglect, and two counts of delivering a controlled substance to a minor. On appeal, the Petitioner contends that she received ineffective assistance of counsel based on trial counsel’s failure to call a “material” witness for the defense. Following our review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Paul Brent Baxter
The Defendant, Paul Brent Baxter, appeals as of right from his jury convictions for aggravated assault and aggravated kidnapping. Following a sentencing hearing, the trial court imposed consecutive terms of fifteen years and twenty years, respectively. On appeal, the Defendant contends that the evidence is insufficient to support his convictions and that his effective thirty-five-year sentence is excessive. After a review of the record, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
In re Kaitlin W. et al.
This appeal arises from a termination of parental rights. The Tennessee Department of Children‘s Services ("DCS") filed a petition in the Juvenile Court for Knox County ("the Juvenile Court") seeking to terminate the parental rights of Remus W. ("Father") to his five children ("the Children"). After a trial, the Juvenile Court found that the grounds of wanton disregard, persistent conditions, and severe child abuse had been proven against Father by clear and convincing evidence, and that termination of Father‘s parental rights was in the Children‘s best interest. Father appeals. We reverse the judgment of the Juvenile Court as to the grounds of wanton disregard and persistent conditions. We affirm the Juvenile Court as to the ground of severe child abuse and as to its best interest determination. Having reversed the Juvenile Court as to only two of the three grounds found for termination, we, therefore, affirm the judgment of the Juvenile Court terminating Father‘s parental rights. |
Knox | Court of Appeals | |
In re Mason E., et al.
The trial court found by clear and convincing evidence that Father had committed severe child abuse by knowingly exposing his three minor children to methamphetamine. Father appealed the trial court's decision to admit positive drug tests for the children into evidence and the trial court's finding of severe child abuse. We affirm. |
Sullivan | Court of Appeals | |
Margaret McClain Sneed Wills v. David Kyle Wills
This is an appeal of the trial court’s award of alimony. Husband appeals the trial court’s decision to award alimony in futuro as well as the amount of alimony awarded. We vacate both the trial court’s award of alimony in futuro and the amount awarded. |
Sumner | Court of Appeals | |
Sandra Gibson v. Young Men's Christian Association Of Middle Tennessee
This is an appeal from an order denying summary judgment. The appellee signed a YMCA membership application and release agreement prior to tripping and falling on a sidewalk in front of the YMCA. The appellee filed suit, alleging negligence. The YMCA then filed a motion for summary judgment, claiming that the appellee expressly assumed the risk of her injuries. The trial court denied the YMCA’s motion for summary judgment but granted a motion for interlocutory appeal. We reverse the trial court’s order denying summary judgment and remand with instructions to enter summary judgment. |
Rutherford | Court of Appeals | |
State of Tennessee v. Donald Keith Watts a/k/a "Duck"
The defendant, Donald Keith Watts, a/k/a “Duck,” was convicted of rape and sentenced to eight years at 100%. On appeal, he argues that the trial court erred in denying his motion for mistrial because of an allegedly improper argument by the State and that the evidence is insufficient to sustain the verdict. Following our review, we affirm the judgment of of the trial court. |
Dickson | Court of Criminal Appeals | |
Marcus Anthony Pearson v. State of Tennessee
Marcus Anthony Pearson (“the Petitioner”) filed a petition for post-conviction relief alleging several claims of ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. On appeal, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Amy Denise Franklin
Amy Denise Franklin’s (“the Defendant”) probation officer filed an affidavit alleging that she had violated five rules of probation and had absconded. Following a hearing, the trial court revoked her probation and ordered her to serve the balance of her sentence in confinement. On appeal, the Defendant argues that the trial court abused its discretion by ordering her to serve her sentence in confinement without considering alternatives to incarceration. After a review of the record and applicable law, we conclude that the trial court did not abuse its discretion. The judgment of the trial court is affirmed. |
Sevier | Court of Criminal Appeals | |
Doris A. Whaley v. State of Tennessee
The Petitioner, Doris A. Whaley, appeals the Washington County Criminal Court's denial of her petition for post-conviction relief from her conviction of first degree premeditated murder and resulting life sentence. On appeal, the Petitioner contends that she received the ineffective assistance of counsel because trial counsel failed to present medical evidence that would have shown she was physically incapable of killing the victim. Based upon the oral arguments, the record, and the parties' briefs, we affirm the judgment of the post-conviction court. |
Washington | Court of Criminal Appeals | |
State of Tennessee v. James Allen Perry
The Defendant, James Allen Perry, pled guilty to fifty-nine counts of especially aggravated sexual exploitation of a minor, a Class B felony; three counts of statutory rape by an authority figure, a Class C felony; and one count of sexual exploitation of a minor, a Class D felony. See Tenn. Code Ann. §§ 39-13-532, -17-1003, -17-1005. The trial court imposed a total effective sentence of 106 years. In this appeal as of right, the Defendant contends that the trial court erred in imposing partially consecutive sentences. Following our review, we affirm the judgments of the trial court. |
Carter | Court of Criminal Appeals | |
Karla J. Dennis, et al. v. Donelson Corporate Centre I, LP, et al.
This is a negligence case. Appellee, an elevator maintenance company, contracted with building owner to provide maintenance service for the building’s elevators. Plaintiff was injured when one of the elevators allegedly did not level properly, causing her to fall as she was exiting the elevator. Plaintiff and her husband brought suit against the building’s owner, the building’s management company, and Appellee. Appellee filed a motion for summary judgment, which the trial court granted. Appellants appeal. |
Davidson | Court of Appeals | |
Siamak Kadivar v. Nahid Fathiamirkhiz a/k/a Nancy Amir
This is a divorce case. Prior to the parties’ marriage, Husband started a used car dealership with his father. Husband continued to operate the business after he and his wife were married. Husband bought his father’s interest in the company after the marriage and became the sole owner. After the parties separated, the business’s value continued to increase. Husband filed for divorce, citing irreconcilable differences. The trial court granted the divorce, and the parties agreed that the business was marital property at the time of the marriage. The trial court found that Wife did not substantially contribute to the business after the parties separated and that any increase in its value was Husband’s separate property. We reverse the trial court’s finding that the business was separate property after the parties separated, modify the judgment to reflect this reversal, and affirm in all other respects. |
Williamson | Court of Appeals | |
State of Tennessee v. Paul Clifford Moore, Jr.
A Knox County jury convicted the Defendant-Appellant, Paul Clifford Moore, Jr., of three counts of second degree murder. See T.C.A. § 39-13-210(a)(1). The trial court imposed three fifteen-year sentences and ordered two of the three sentences served consecutively for an effective sentence of thirty years in confinement. On appeal, Moore argues (1) the trial court erred in instructing the jury that state of passion produced by adequate provocation is an essential element of the offense of voluntary manslaughter that must be proven beyond a reasonable doubt; (2) the trial court erred in instructing the jury that it must determine whether the State had proven the element of state of passion beyond a reasonable doubt; (3) the sequential jury instructions prevented the jury from ever returning a verdict of voluntary manslaughter in his case; (4) the trial court abused its discretion in admitting eyewitness testimony that Moore threatened to kill victim Amber Snellings; (5) the evidence is insufficient to sustain his convictions; (6) the trial court abused its discretion in imposing partially consecutive sentences; and (7) the cumulative effect of these errors violated his due process rights. Upon review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Charles Benson et al v. Knox County et al.
This appeal arises from a zoning and land use dispute. The defendants applied to rezone most of the property at issue from Agricultural to Planned-Residential and sought approval of a development plan for a multi-dwelling project consisting of 312 apartment units. They also requested a Use-Permitted-on-Review approval for a marina on a portion of the property that would remain zoned as Agricultural. At issue before us are three separate actions taken by Knox County legislative and administrative bodies in relation to the requests, specifically: (A) the County Commission’s rezoning of the property from Agricultural to Planned-Residential at 1to 5 dwelling units per acre; (B) the Board of Zoning Appeals’ approval of the development plan for 312 apartment units; and (C) the Board of Zoning Appeals’ denial of the marina proposal. The trial court upheld the actions. We affirm. |
Knox | Court of Appeals |