Romalis Gray v. Tennessee Department of Correction, et al.
The petitioner, a state prison inmate, appeals the trial court’s dismissal of his petition for declaratory order, in which he alleged that the respondents, Tennessee Department of Correction (“TDOC”) and Morgan County Correctional Complex (“MCCX”), denied his due process rights and violated TDOC policies when he was placed on administrative segregation following a disciplinary hearing. The trial court found that the petitioner had failed to pay court costs from a previously filed action and dismissed his petition pursuant to Tennessee Code Annotated § 41-21-812 (2010). Discerning no error, we affirm. |
Morgan | Court of Appeals | |
State of Tennessee v. Felton Neville Jackson
Appellant, Felton Neville Jackson, was indicted by a Wilson County grand jury for especially aggravated robbery and aggravated assault. He was convicted of both charges, and the trial court sentenced him to concurrent sentences of twenty-five years and six years, respectively. He now appeals his convictions and sentences on the following grounds: (1) the trial court erred by allowing a police officer to offer an allegedly testimonial statement attributed to the victim; (2) the evidence was insufficient to sustain his convictions; and (3) his sentences are excessive. Following our review, we discern no error and affirm appellant’s convictions. However, we vacate the judgments in this case and remand this cause for entry of a single judgment of conviction noting merger of the aggravated assault conviction into the especially aggravated robbery conviction. |
Wilson | Court of Criminal Appeals | |
Jeremy Keeton v. State of Tennessee
The Petitioner, Jeremy Keeton, appeals as of right from the Wayne County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner contends that he received ineffective assistance of counsel because his trial counsel failed to secure the appearance of several witnesses at his trial. Discerning no error, we affirm the judgment of the post-conviction court. |
Wayne | Court of Criminal Appeals | |
Clarence Dewayne Hayes v. State of Tennessee
The petitioner, Clarence Dewayne Hayes, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief, in which he alleged the ineffective assistance of trial counsel and the misconduct of the prosecutor. We affirm the order of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Dustin Marshall Goforth
Defendant, Dustin Marshall Goforth, was serving a suspended eight-year sentence on supervised probation. Violation of probation warrants were filed, and his suspended sentence was revoked after an evidentiary hearing. The trial court ordered the sentence to be served by incarceration in the Department of Correction. In his sole issue on appeal, Defendant asserts that the trial court erred by denying Defendant’s motion for the judge to recuse himself in this case prior to the evidentiary hearing. After review, we affirm the judgment of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Lavario Devon Kibble
Defendant, Lavario Devon Kibble, entered guilty pleas to reckless endangerment and aggravated assault pursuant to a negotiated plea agreement. Under the agreement he received consecutive sentences of one year for reckless endangerment and four years for aggravated assault. The manner of service of the effective sentence of five years was left to determination by the trial court after a sentencing hearing. The trial court ordered the sentences to be served totally by incarceration. Defendant appeals, arguing that the trial court should have ordered an alternative sentence of either split confinement or periodic confinement. After a thorough review, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Stephen Anthony Scott
Pursuant to this court’s opinion in Stephen Anthony Scott v. State, No. M2010-00448-CCA-R3-PC, 2011 Tenn. Crim. App. LEXIS 632, at *5 (Nashville, Aug. 16, 2011), the Montgomery County Circuit Court resentenced the appellant, Stephen Anthony Scott, to the presumptive minimum sentence in the range for his convictions of aggravated robbery, attempted aggravated robbery, especially aggravated kidnapping, aggravated kidnapping, and attempted robbery. Six months later, the trial court found the appellant to be an especially mitigated offender and further reduced his sentences for count 3, especially aggravated kidnapping, and count 4, kidnapping, by ten percent. On appeal, the appellant contends that the trial court erred by not allowing him to be sentenced pursuant to the 2005 amendments to the Tennessee Sentencing Reform Act of 1989, that the trial court erred by failing to sentence him as an especially mitigated offender for all of the offenses, and that his sentences violate Blakely v. Washington, 542 U.S. 296 (2004). Based upon the record and the parties’ briefs, we conclude that the trial court was without jurisdiction to classify the appellant as an especially mitigated offender and could not reduce his sentences by ten percent. Therefore, the case is remanded to the trial court for reinstatement of his previous sentences for counts 3 and 4. Regarding the issues raised on appeal, we conclude that the appellant is not entitled to relief and affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Kevin Bell
The appellant, Kevin Bell, appeals the trial court’s revocation of his probationary sentence and challenges the imposition of the original sentence to be served in confinement. Upon review, we affirm the judgment of the trial court. |
Robertson | Court of Criminal Appeals | |
City of Memphis, Tennessee et al. v. Tre Hargett, Secretary of State et al.
In May of 2011, the General Assembly enacted a law providing, with certain exceptions, that all citizens who appear in person to vote must present photographic proof of their identity. The statute authorized a variety of acceptable forms of identification, one of which was a valid photographic identification card issued by an entity of the State of Tennessee. Prior to the August 2012 primary election, the City of Memphis Public Library issued photographic identification cards to its patrons. When two Shelby County residents attempted to vote in the primary using photographic library cards as means of identification, however, election officials declined to accept the cards as the requisite proof. The two residents and the City of Memphis filed a declaratory judgment action against the Secretary of State, the State Coordinator of Elections, and the Attorney General, arguing that the photographic identification requirement violated constitutional protections and that the City of Memphis qualified as an entity of the state authorized to issue valid photographic identification cards through its public library. The trial court denied relief on all counts, ruling first that the plaintiffs lacked standing and holding in the alternative that the photographic identification requirement did not violate the state constitution and that the City of Memphis did not qualify as an entity of the state. The Court of Appeals affirmed in part and reversed in part, holding that each plaintiff had standing to sue and that photographic identification cards issued by a municipal library complied with the statute for voting purposes, but also concluding that the photographic identification requirement did not violate constitutional principles. Following the grant of an application for permission to appeal, briefing, and oral argument, the General Assembly enacted amendments to the statute which, among other things, precluded the use of photographic identification cards issued by municipalities or their libraries for voting purposes. In light of these recent amendments, we hold that each issue in this appeal that pertains to the validity of the Memphis Public Library cards as photographic identification is now moot. We further hold that the City of Memphis lacks standing, and, although the two residents of Shelby County have standing to file a declaratory judgment action, the photographic identification requirement, both on its face and as applied in this instance, meets constitutional scrutiny. Accordingly, we affirm the judgment of the Court of Appeals on the issue of constitutionality. |
Davidson | Supreme Court | |
City of Memphis, Tennessee et al. v. Tre Hargett et al. - CONCUR
In 2011, the Tennessee General Assembly amended Tennessee’s voting procedures to provide for the use of photographic identification in elections. The General Assembly amended these procedures in 20122 and again in 2013.3 I concur with the Court’s decision to uphold the constitutionality of these procedures as they stood in 2012. I write separately, however, to address the threshold matter of the standard of review that should be used to address the constitutionality of these amendments. |
Davidson | Supreme Court | |
John R. Roberts, M.D. v Saint Thomas Health Services d/b/a Saint Thomas Hospital, et al
St. Thomas Hospital suspended a surgeon’s hospital privileges and restored them less than three months later, as part of a settlement in which the doctor also waived a “fair hearing,” which was the next step in the hospital’s procedures. The surgeon subsequently sued the hospital, contending that it had not properly followed its own bylaws in regard to the suspension of his privileges and that he was therefore entitled to damages for breach of contract, defamation of character, and tortious interference with business relations. The hospital denied that it had violated any of its bylaws and asserted that it was entitled to immunity for its actions under the Tennessee Peer Review Law of 1967 and the Federal Health Care Quality Improvement Act of 1986. The trial court granted summary judgment to the hospital. Because the surgeon failed to show that the hospital did not follow its bylaws, because of his settlement and waiver of a fair hearing, the hospital was entitled to the immunity granted to the peer review process. We affirm. |
Davidson | Court of Appeals | |
State of Tennessee v. Darrell Carpenter
Appellant, Darrell Carpenter, was indicted by the Shelby County Grand Jury for second degree murder in November of 2007. At the conclusion of a jury trial, he was convicted of the offense as charged in the indictment and sentenced to twenty years in incarceration as a violent offender. After the denial of a motion for new trial, Appellant did not seek an appeal. Appellant subsequently filed a petition for post-conviction relief in which he sought a delayed appeal pursuant to Tennessee Code Annotated section 40-30-113. The trial court granted the motion for delayed appeal. In this Court, Appellant challenges the sufficiency of the evidence resulting in his second degree murder conviction. After a review of the record and the applicable authorities, we conclude that the evidence at trial was sufficient to support the conviction. Accordingly, Appellant is not entitled to relief, and the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Dameon Williams
Following a jury trial, the defendant, Dameon Williams, was convicted of voluntary manslaughter, a Class C felony, and sentenced as a Range I, standard offender to six years in the county workhouse. On appeal, he argues that the trial court erred in admitting an autopsy photograph of the victim’s skull and that the evidence is insufficient to support his conviction. Based upon our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee (Appellant) vs. Jay Hart Frier
Appellee, Jay Hart Frier, was indicted by the Williamson County Grand Jury for driving under the influence (“DUI”), DUI per se, DUI with a blood alcohol concentration of .20% or more, and DUI second offense. Prior to trial, Appellee filed a motion in limine to dismiss the last count of the indictment based on the fact that his prior DUI was facially invalid. The trial court held a hearing and denied the motion. Appellee filed a motion to reconsider. The trial court ultimately granted the motion in limine and dismissed the last count of the indictment. The State sought reconsideration of the ruling. The trial court declined to reconsider. The State sought an interlocutory appeal. The trial court denied the application. The State then sought an extraordinary appeal pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure. This Court granted the application. On appeal, after a review of the record and applicable authorities, we determine that the trial court improperly dismissed the indictment where Appellant sought to collaterally attack his previous conviction rather than seeking review of the underlying conviction via a writ of habeas corpus. As a result, thedecision of the trial court is reversed. On remand, the indictment should be reinstated and the matter set for further proceedings. |
Williamson | Court of Criminal Appeals | |
Venus L. Viera vs. State of Tennessee
Petitioner, Venus L. Viera, plead guilty in the Davidson County Criminal Court to one count of aggravated robbery. Pursuant to her plea agreement, Petitioner agreed to a sentence of eight years to be served at eighty-five percent incarceration. Petitioner filed a petition for post-conviction relief in which she argued that she was afforded ineffective assistance of counsel and that she entered her guilty plea unknowingly and involuntarily. The post-conviction court held an evidentiary hearing and subsequently entered a written order denying the petition. Petitioner appeals to this Court. After a thorough review of the record, we conclude that the denial of the petition should be affirmed. However, in our review of the record, we have discovered that the judgment form provides that the sentence is eight years to be served at 100 percent. Therefore, in addition to affirming the denial of the petition for post-conviction relief, we remand for the entry of a corrected judgment. |
Davidson | Court of Criminal Appeals | |
Antoinette Hill v. State of Tennessee
The Petitioner, Antoinette Hill, appeals the Knox County Criminal Court’s summary dismissal of her petition for a writ of error coram nobis. She asserts that newly discovered evidence, namely an addiction to alcohol and pills by the trial court judge who presided over her trial for first degree premeditated murder, warrants a new trial. Upon review, we affirm the judgment of the coram nobis court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. William Albert Kelly
The Defendant, William Albert Kelly, appeals the Sumner County Criminal Court’s order revoking his probation for perjury and attempted failure to report as a sex offender and ordering his effective two-year, eleven-month, and twenty-nine-day sentence into execution. The Defendant contends that the trial court (1) abused its discretion by revoking his probation and (2) illegally recommended that he not be eligible for release after serving thirty percent of his sentence. We affirm the judgment of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Dante Devon Omar Truitt
The Defendant, Dante Devon Omar Truitt, pled guilty to explosive weapon possession with an agreed eight-year sentence as a Range I, standard offender. At a subsequent sentencing hearing, the trial court sentenced the Defendant to serve the eight-year sentence in the Tennessee Department of Correction. The Defendant appeals, asserting that the trial court erred when it denied alternative sentencing. After a thorough review of the record and applicable law, we find no error in the trial court’s judgment. |
Davidson | Court of Criminal Appeals | |
Chandra Berry v. Mortgage Electronic Registration Systems Individually and as Nominee for Mortgage Lenders Network USA, et al.
Plaintiff defaulted on her mortgage and Defendants advised Plaintiff of their plan to foreclose. Plaintiff then sought an injunction and a declaratory judgment. The trial court entered a temporary restraining order preventing foreclosure, which it dissolved after granting Defendants’ motion for judgment on the pleadings. Plaintiff appeals the trial court’s grant of Defendants’ motion for judgment on the pleadings. We affirm in part and reverse in part, and we remand for further proceedings. |
Shelby | Court of Appeals | |
Timothy R. Chatmon v. State of Tennessee
The petitioner, Timothy R. Chatmon, filed in the Hamilton County Criminal Court a petition for a writ of habeas corpus, seeking relief from his two convictions for possession of cocaine with the intent to sell. The habeas corpus court denied the petition, and the petitioner appeals. Upon review, we affirm the judgment of the habeas corpus court. |
Hamilton | Court of Criminal Appeals | |
Stephan L. Beasley, Sr. v. State of Tennessee
The petitioner, Stephan L. Beasley, Sr., filed for habeas corpus relief from his conviction for first degree murder. The habeas corpus court denied the petition, and the petitioner appeals. Upon review, we affirm the judgment of the habeas corpus court. |
Hamilton | Court of Criminal Appeals | |
Gary Rickman v. Virginia Rickman, et al
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Warren | Court of Appeals | |
Jason Clark v. Avril Chapman, Warden
The Petitioner, Jason Clark, appeals the Wayne County Circuit Court’s dismissal of his petition seeking a writ of habeas corpus. The Petitioner contends that the habeas corpus court erred when it dismissed his petition without providing a reason for the dismissal in its order, depriving the Petitioner of an opportunity to respond. Upon a review of the record in this case, we are persuaded that the habeas court properly dismissed the petition for habeas corpus relief. Accordingly, the judgment of the habeas corpus court is affirmed. |
Wayne | Court of Criminal Appeals | |
Ako Hassan Nejad v. State of Tennessee
The Petitioner, Ako Hassan Nejad, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2008 convictions for conspiracy to commit first degree murder and attempt to commit second degree murder and his effective Range I, thirty-seven-year sentence. The Petitioner contends that he received the ineffective assistance of counsel because counsel failed to call a material witness and failed to present a defense. We affirm the judgment of the trial court.
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Davidson | Court of Criminal Appeals | |
Kevin D. McMillan v. State of Tennessee
The Petitioner, Kevin D. McMillan, pled guilty to the sale of a controlled substance, less than 0.5 grams of cocaine. The trial court sentenced the Petitioner to three years of incarceration, to be served consecutively to two other convictions, in the Tennessee Department of Correction. The Petitioner filed a pro se petition for a writ of habeas corpus, which the habeas court summarily dismissed. On appeal, the Petitioner contends that the habeas court erred when it summarily dismissed his petition. After a thorough review of the record and applicable law, we affirm the habeas corpus court’s judgment. |
Hickman | Court of Criminal Appeals |