State of Tennessee v. Alvin Waller Jr.
The defendant, Alvin “A.J.” Waller, Jr., was convicted after a jury trial of especially aggravated kidnapping, a Class A felony, aggravated assault, a Class C felony, and attempted voluntary manslaughter, a Class D felony. The trial court merged the attempted voluntary manslaughter conviction into the aggravated assault conviction and sentenced the defendant to ten years as a multiple offender on that count. The trial court sentenced the defendant to thirty years as a multiple offender at one hundred percent for the especially aggravated kidnapping conviction and ordered the two sentences to be served concurrently. The defendant appeals, challenging only the sufficiency of the evidence. After a thorough review of the record, we conclude that the evidence is insufficient to support the defendant’s conviction for attempted voluntary manslaughter. In all other respects, the judgment of the trial court is affirmed. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Dwayne Wright
The defendant, Dwayne Wright, was convicted of one count of aggravated rape, a Class A felony, and sentenced to twenty-four years in the Department of Correction. On appeal, he raises five issues for our review: (1) whether the evidence is sufficient to support the conviction; (2) whether the trial court properly denied the defendant’s motion for the jury to visit the crime scene; (3) whether the trial court properly allowed the victim to testify regarding prior sexual abuse; (4) whether the trial court properly ruled that the victim’s statements were admissible under the excited utterance hearsay exception; and (5) whether the sentence imposed is proper. Following review of the record, we affirm the judgment and sentence as imposed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Timothy Davale Martin
A Davidson County jury convicted the Defendant-Appellant, Timothy Davale Martin, of attempted especially aggravated robbery, attempted second degree murder, attempted aggravated robbery, and aggravated assault. The trial court sentenced him as a Range I, standard offender to an effective sentence of thirteen years in confinement. On appeal, the Defendant argues that: (1) the evidence is insufficient to sustain his convictions; (2) the trial court committed plain error in failing to merge the convictions for attempted aggravated robbery and aggravated assault; and (3) the trial court erred in imposing a sentence of confinement. Upon review, we conclude that the evidence is sufficient to support the convictions. However, the Defendant’s dual convictions for attempted aggravated robbery and aggravated assault violate double jeopardy protections. Accordingly, we vacate his aggravated assault conviction in count four and remand the matter to the trial court for entry of an amended judgment reflecting the merger of the Defendant’s aggravated assault conviction into his attempted aggravated robbery conviction in count two. The judgments of the trial court are affirmed in all other respects. |
Davidson | Court of Criminal Appeals | |
James Allen Austin v. Marely Torres
The divorced father of an seven year old child filed a petition to transfer custody of the child from the mother to himself. The trial court heard expert proof that the child suffered from a rare genetic disorder that can cause grave neurological consequences if the child’s diet is not strictly controlled. The mother’s testimony indicated that she was unconvinced that the child had a disorder and that she was unwilling to adjust the child’s diet to meet his medical needs. The court found that there had been a material change of circumstances and that it was in the best interest of the child that custody be transferred to the father, with the mother’s visitation limited to fifty days per year. The mother argues on appeal that the trial court’s order should be reversed because it committed a number of procedural errors in the course of the custody proceedings. We affirm the trial court. |
Davidson | Court of Appeals | |
In Re: Anna L. J.
Husband and wife in dependent and neglect proceeding who were each held in criminal contempt for violating an order that they have no contact with other parties to the proceeding appeal their convictions, the sentences imposed, and other rulings of the trial court. We affirm the holding that the husband was in contempt, vacate the sentence imposed and remand the case for resentencing. We affirm the holding that the wife was in indirect contempt and the sentence imposed; we reverse the holding that wife was in direct contempt. In all other respects we affirm the judgment of the trial court. |
Williamson | Court of Appeals | |
In Re: Anna L. J. - Concurring
I write separately to emphasize the point that trial courts should not automatically impose the maximum sentence when consecutive sentencing is available; this is due in part to the recognition that “not every contemptuous act, or combination of contemptuous acts, justifies the imposition of a maximum sentence, particularly when consecutive sentencing is in play.” Simpkins v. Simpkins, 374 S.W.3d 413, 422 (Tenn. Ct. App. 2012). Imposition of the maximum sentence to be served consecutively is merely an option if the facts of the case justify the absolute maximum sentence. Further, there is a presumption in favor of concurrent sentencing as distinguished from consecutive sentencing. Id. at 424 (citing State v. Taylor, 739 S.W.2d 227, 230 (Tenn. 1987) (holding that consecutive sentences should not routinely be imposed in criminal cases and the aggregate maximum of consecutive terms must be reasonably related to the severity of the offenses involved)). |
Williamson | Court of Appeals | |
Five Oaks Golf & Country Club, Inc. v. Reagan Farr, as Commissioner of Revenue of the State of Tennessee
A taxpayer sued for a tax refund based on two issues. In response to the commissioner’s motion for summary judgment, the taxpayer conceded one issue, which constituted about 70% of the amount contested, and moved for summary judgment on the other issue. The trial court ruled for the commissioner on the conceded issue and for the taxpayer on the other issue. Both sides sought attorney fees and expenses. The trial court determined that the taxpayer was the prevailing party. The commissioner appealed. Finding that there is no prevailing party, we reverse the trial court. |
Wilson | Court of Appeals | |
Marcus Johnson v. State of Tennessee
The Petitioner, Marcus Johnson, appeals as of right from the Knox County Criminal Court’s dismissal of his petition for post-conviction relief. The Petitioner contends that the post-conviction court erred by dismissing his petition as having been untimely filed. Discerning no error, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Tonie V. Peterson v. Glenn E. Lepard, et al.
This case arises from the dismissal of the Appellant’s lawsuit in the Circuit Court of Shelby County for failure to timely perfect her appeal from General Sessions Court. Appellant filed her notice of appeal with the 24-hour General Sessions Criminal Clerk’s Office, but did not pay costs or bond because the 24-hour clerk’s office does not accept any payments for civil matters. As a result, Appellant’s bond was not paid until the eleventh day after the General Sessions Court’s judgment was entered, and was therefore outside the ten-day filing period. Tenn. Code Ann. § 27-5-108. Consequently, the trial court dismissed Appellant’s appeal for lack of jurisdiction. Discerning no error, we affirm and remand. |
Shelby | Court of Appeals | |
Tonie V. Peterson v. Glenn E. Lepard, et al. - Concurring Opinion
Because the requirements of Tennessee Code Annotated section 27-5-103 were clearly not met in this case, I concur fully in the result reached in this case. However, I write separately again to express my disagreement with this Court’s holding in Bernatsky v. Designer Baths & Kitchens, L.L.C., No. W2012-00803-COA-R3, 2013 WL 593911 (Tenn. Ct. App. Feb. 15, 2013) namely, that the statutory requirement of giving “bond with good security” for “the cost of the cause on appeal” is not satisfied by paying an initial filing fee. I find the statute unambiguous, and therefore, there is no need to attempt to discern legislative intent based upon the less than compelling legislative history of various statutory schemes relied upon by the majority in Bernatsky. |
Shelby | Court of Appeals | |
State of Tennessee v. Michael Goodrum
A Maury County jury convicted the Defendant-Appellant, Michael Goodrum, of one count of possession of .5 grams or more of cocaine with the intent to sell within 1,000 feet of a park, a Class B felony, and one count of possession of .5 grams or more of cocaine with the intent to sell within 1,000 feet of a public school, a Class A felony. See T.C.A. §§ 39-17-417, -432 (2008). The trial court merged the two counts into one conviction and sentenced the Defendant as a Range I, standard offender to fifteen years in the Tennessee Department of Correction. On appeal, the Defendant argues that: (1) the evidence was insufficient to support his conviction; (2) the trial court improperly excused a prospective juror; (3) the trial court erred in submitting his case to the jury for deliberation; and (4) application of the Drug-Free School Zone Act violated his constitutional rights to due process and equal protection. Upon review, we affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Russell Victor McCollum
The defendant, Russell Victor McCollum, was convicted by a Davidson County Criminal Court jury of three counts of aggravated sexual battery, a Class B felony, and one count of failure to appear, a Class E felony, and was sentenced to an effective term of twenty-two years in the Department of Correction. On appeal, he challenges the sufficiency of the evidence convicting him of aggravated sexual battery and the trial court’s consolidating the aggravated sexual battery and failure to appear indictments for trial. After review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
In the Matter of: B.M., C.M., and C.R.
This is an interlocutory appeal involving the trial court’s subject matter jurisdiction. The juvenile court entered an order declaring three children dependent and neglected; the order included a no-contact provision as to the father of one of the children. The mother appealed the juvenile court’s decision to the circuit court. After she filed the appeal to the circuit court, the father of the other two children filed a contempt petition in the circuit court asserting that the mother and the other father violated the no-contact provision in the juvenile court’s order. The mother filed a motion to dismiss, alleging that the circuit court was without subject matter jurisdiction to hear a contempt petition arising out of the juvenile court’s order. The circuit court denied the mother’s motion to dismiss but did not reach the merits of the contempt petition. The appellate court granted the mother permission for an extraordinary appeal under Tenn. R. App. P. 10, to address only the circuit court’s subject matter jurisdiction to adjudicate the petitioner father’s contempt petition. After permission for the extraordinary appeal was granted, the circuit court held an evidentiary hearing and determined that the petitioner father’s two children were not dependent and neglected. The circuit court then vacated the juvenile court’s order as to those two children, including the no-contact provision. Under the circumstances, we find that the issue presented on appeal is no longer justiciable and that this Court improvidently granted permission for the Rule 10 appeal. Accordingly, we decline to address the issue presented and dismiss the appeal. |
Shelby | Court of Appeals | |
In re: Free "U" Bonds, Inc. and Phillip Cole Hatmaker
The appellants, Free “U” Bail Bonds, Inc. and Phillip Cole Hatmaker, appeal the Campbell County Circuit Court’s revocation of a convicted felon’s ability to act as a bail bondsman. Upon review, we affirm the judgment of the trial court. |
Campbell | Court of Criminal Appeals | |
In Re Jalin M.B., et al
This is an appeal from the trial court’s final order modifying a custody arrangement that designated Mother as the primary residential parent and awarded Father limited visitation. Father filed a petition to modify, claiming that a material change in circumstances necessitated a change in the parenting plan. Following a hearing, the trial court designated Father as the primary residential parent, awarded the Parents equal time with the Children, and modified Father’s child support obligation. Mother appeals. We affirm the trial court’s custody determination but reverse its child support determination. The case is remanded for further proceedings consistent with this opinion. |
Knox | Court of Appeals | |
Melissa L. Blackshear (Thompson) v. Stephen D. Blackshear
This appeal arises from the parties’ post-divorce issues. The father moved to modify his child support obligation because of a significant variance in his income. Following a hearing, the trial court modified the father’s child support obligation from $2,000 a month to $73 per month, awarded a $21,124 judgment against the mother for overpayment, and awarded the father attorneys’s fees in the amount of $10,000. The mother appeals. We vacate and remand. |
Hamilton | Court of Appeals | |
Charles Blackstock v. State of Tennessee
The petitioner, Charles Blackstock, appeals the dismissal of his petition for writ of habeas corpus, which petition challenged his 2000 Hamilton County Criminal Court guilty-pleaded convictions of rape of a child, claiming that the habeas corpus court erred by correcting the judgments in his case and by dismissing the petition. Discerning no error, we affirm. |
Hamilton | Court of Criminal Appeals | |
In Re Kaylyn M.R.
This is a termination of parental rights case in which the Tennessee Department of Children’s Services filed a petition to terminate the parental rights of Father to the Child. Following a bench trial, the trial court found that clear and convincing evidence existed to support the termination of Father’s parental rights on the statutory grounds of persistence of conditions, abandonment for failure to provide a suitable home, and abandonment for wanton disregard of the Child’s welfare. The court likewise found that termination of Father’s parental rights was in the Child’s best interest. Father appeals. We affirm the decision of the trial court. |
Jefferson | Court of Appeals | |
State of Tennessee v. Edward Brown
The defendant, Edward Brown, was convicted of attempted second degree murder, a Class C felony, and reckless endangerment, a Class A misdemeanor. The defendant was sentenced to eight years at thirty percent as a Range I offender for his attempted second degree murder conviction and eleven months and twenty-nine days for the reckless endangerment conviction. On appeal the defendant argues that the evidence was not sufficient to sustain a conviction for attempted second degree murder and that the trial court erred in admitting photographs of the crime scene and of the injuries to the female victim. Having reviewed the record, we conclude that the evidence was sufficient to sustain the conviction for attempted second degree murder and that the trial court did not err in admitting the photographs. Accordingly, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Terence Davis v. Cherry Lindamood, Warden
The Petitioner, Terence Davis, appeals as of right from the Hardeman County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. The Petitioner contends that one of his judgments of conviction is void because it fails to properly reflect his pretrial jail credit. Following our review, we affirm the judgment of the habeas corpus court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Richard Dickerson
Richard Dickerson (“the Defendant”) was convicted by a jury of second degree murder. The trial court sentenced the Defendant to twenty-five years’ incarceration. In this direct appeal, the Defendant contends that the trial court (1) should have granted a mistrial following “jury misconduct”; (2) erred in admitting proof of prior bad acts; and (3) imposed an excessive sentence. After a thorough review of the record and the applicable law, we affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ramone Lawson
The Defendant, Ramone Lawson, was convicted by a jury of one count of first degree premeditated murder, two counts of attempted first degree murder, and two counts of employing a firearm during the commission of a dangerous felony. The Defendant was sentenced to an effective sentence of life imprisonment plus six years. In this direct appeal, the Defendant argues that the evidence is insufficient to support his convictions and that the trial court erred when it instructed the jury about the possible sentences and release eligibility dates for first degree murder. Finding no reversible error, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Anton Mayhew v. State of Tennessee
The Petitioner, Anton Mayhew, filed a petition for post-conviction relief attacking his two jury convictions for aggravated robbery and resulting twelve-year sentence. The post-conviction court denied relief following an evidentiary hearing, finding that the Petitioner had failed to prove his allegation of ineffective assistance of counsel by clear and convincing evidence. In this appeal as of right, the Petitioner contends that trial counsel was ineffective for failing to request a severance of the Petitioner’s trial from that of his co-defendant. After our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Brian Brawner v. State of Tennessee
The petitioner, Brian Brawner, appeals the denial of his petition for post-conviction relief. The petitioner was convicted of facilitation of attempted first degree premeditated murder, aggravated assault, and especially aggravated kidnapping. The conviction for aggravated assault was merged into the conviction for facilitation of attempted first degree premeditated murder. On appeal he contends that the post-conviction court erroneously denied his petition because he was denied the right to effective assistance of counsel when trial counsel failed to file a notice of alibi and failed to preserve the testimony of a witness for appeal. Following a review of the record, we affirm the denial of post-conviction relief. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Christopher Mark Bridges
The defendant, Christopher Mark Bridges, pled guilty to violating his probation and now appeals the trial court’s order requiring him to serve his sentence in confinement. We affirm the judgment of the trial court in accordance with Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. |
Madison | Court of Criminal Appeals |