Ronald L. Taylor v. State of Tennessee
On April 23, 2012, the petitioner, Ronald L. Taylor, filed pro se a petition for post-conviction relief challenging his 2005 conviction of aggravated assault. The post- onviction court summarily dismissed the petition based, in part, upon the bar of the statute of limitations. The State has moved this court pursuant to this court’s rule 20 to summarily affirm the postconviction court’s order of dismissal. Because the record evinces no basis for tolling the statute of limitations and because the petition was untimely and barred by the statute, we grant the State’s motion and affirm the post-conviction court’s order. |
Knox | Court of Criminal Appeals | |
George Edwards v. Alice Edwards
This is a divorce case in which the husband challenges the award of alimony. After the divorce trial, the trial court awarded the wife transitional alimony and alimony in futuro. It also awarded the wife a monetary amount per month for her share of the husband’s military pension benefits. The husband filed a motion to alter or amend arguing inter alia that the military would not make direct payments to the wife from his military benefits because the marriage did not overlap the husband’s active-duty military service for the requisite number of years. Based on the husband’s argument, the trial court modified the alimony award by deleting the requirement that the husband divide his military pension benefits with the wife, but increasing the husband’s in futuro alimony obligation by an equal amount. The husband now appeals. Discerning no error, we affirm. |
Dyer | Court of Appeals | |
Gloria Sesay v. Tennessee Department of Labor and Workforce, et al.
This appeal arises from the denial of Plaintiff/Appellant’s claim for unemployment compensation benefits. We affirm. |
Wilson | Court of Appeals | |
Lawrence Taylor, Jr. v. LaDonna Knott
Mother of two children appeals the trial court’s finding of a material changeof circumstances and modification of the parenting plan; Mother also appeals the requirement that she reimburse Father for certain costs incurred. Finding no error, we affirm. |
Davidson | Court of Appeals | |
Brooke Buttrey v. Holloway's, Inc., et al.
A homeowner sued builders for the defective construction of a house, alleging breach of contract, intentional misrepresentations, and violations of the Tennessee Consumer Protection Act. The trial court dismissed the Tennessee Consumer Protection Act claims, but found the builders liable for intentional misrepresentations and breach of the contract by failing to build the house in a workmanlike manner. The trial court awarded the homeowner the full amount she paid to have the house built as well as her attorney’s fees. The builders appealed, claiming the evidence did not support the amount of damages awarded, the evidence did not support the court’s finding of intentional misrepresentation, and the homeowner was not entitled to attorney’s fees. We modify the damages awarded to the homeowner to conform to the evidence presented. We reverse the court’s award of attorney’s fees, and we reverse the court’s finding that the builders intentionally misrepresented material facts. |
Maury | Court of Appeals | |
Thomas Grigsby et al v. W. Arlen Harris, Sr. et al.
The parties, owners of adjoining rural property in Hickman County who shared a single driveway that was used as access to their respective properties, filed competing pleadings to establish the common boundary line and to quiet title. On the day of trial, the parties announced their agreement to settle the dispute; the agreement was read in open court, counsel for both parties acknowledged their client’s consent to the settlement as read, and a diagram of the new boundary line was made an exhibit to the transcript of the evidence. The court approved the parties’s settlement in open court; however, before the judgment could be entered, Plaintiffs’ withdrew their consent to the settlement. Over Plaintiffs’ objections, the trial court entered judgment based upon the settlement announced in open court. Plaintiffs filed a Tennessee Rule of Civil Procedure Rule 60.02 motion to set aside the judgment. The trial court denied the motion. In this appeal, Plaintiffs contend the trial court abused its discretion in failing to allow Plaintiffs’ to withdraw from the agreement or, alternatively, in failing to conduct a hearing on the issue of whether or not Plaintiffs were bound by the agreement. Finding no error, we affirm. |
Hickman | Court of Appeals | |
In Re Tony W. H. et al.
Mother of two children appeals an order terminating her parental rights. Both children were taken into Department of Children’s Services custody after they tested positive for cocaine. The trial court found several grounds for termination and determined that termination is in the children’s best interests. Mother contends the trial court erred in finding clear and convincing evidence that termination of her rights is in the best interest of the children. Finding no error, we affirm the trial court’s judgment. |
Dickson | Court of Appeals | |
State of Tennessee v. Greg Lance
Petitioner, Gregory Lance, was convicted of two counts of first degree murder, especially aggravated burglary, and arson. His convictions were affirmed on direct appeal. State v. Gregory Lance, No. M2001-02507-CCA-R3-CD, 2003 WL 1960270, at *1 (Tenn. Crim. App., at Nashville, Apr. 28, 2003), perm. app. denied, (Tenn. Oct. 27, 2003). Petitioner sought post-conviction relief. The denial of his petition was affirmed by this Court on appeal. Gregory Paul Lance v. State, No. M2005-01765-CCA-R3-PC, 2006 WL 2380619 (Tenn. Crim. App., at Nashville, Aug. 16, 2006), perm. app. denied (Tenn. Dec. 18, 2006). In March of 2012, Petitioner filed a petition for writ of error coram nobis. It was dismissed as untimely. After a review of the record, we affirm the dismissal of the untimely petition for coram nobis relief as Petitioner made no allegations that would toll the statute of limitations. Accordingly, the judgment of the coram nobis court is affirmed. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Carolyn Nadine Killian
The Defendant-Appellant, Carolyn Nadine Killian, appeals her conviction for driving under the influence (DUI), first offense, and her sentence of eleven months and twenty-nine days with ten days to be served in confinement and the remainder of the sentence to be served on probation. On appeal, she argues that (1) the evidence was insufficient to support her conviction and (2) the trial court imposed an excessive sentence by failing to consider the purposes and principles of the sentencing act. Upon review, we affirm the trial court’s judgment, but we remand the case for entry of a percentage of service for the DUI conviction. |
Marion | Court of Criminal Appeals | |
Martin Lewis Privette v. State of Tennessee
The Petitioner, Martin Lewis Privette, appeals the Sumner County Criminal Court’s denial of his petition for post-conviction relief from his 2011 conviction for incest and his four-year sentence. On appeal, the Petitioner contends that the trial court applied an impermissible legal standard in determining whether he received the effective assistance of counsel when entering his guilty plea. We affirm the judgment of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Joseph Anthony Gonzales
The Defendant, Joseph Anthony Gonzales, appeals from the trial court’s partial revocation of his probation and order that he serve one of his two eight-year sentences, imposed pursuant to his guilty pleas to dual counts of attempted voluntary manslaughter, in the Department of Correction (DOC). He contends that the evidence relied upon by the trial court was insufficient to support the revocation and requests that this court reinstate his probation. Following our review, we affirm the judgment of the trial court. The case is remanded to reflect the proper award of jail credits on the judgment form. |
Montgomery | Court of Criminal Appeals | |
Jose Juan Frierson v. State of Tennessee
The Petitioner, Jose Juan Frierson, entered a "best interest" plea, on January 7, 1999, to criminal attempt to commit aggravated rape and was ordered to serve an eight-year split-confinement sentence. The Petitioner filed a petition for post-conviction relief on December 30, 2009, alleging that he was entitled to the tolling of the one-year statute of limitations period for post-conviction petitions due to his mental incompetence. The Petitioner further alleged that his guilty plea was not knowing and voluntary because the trial court failed to ensure that he was aware that the sentence included a requirement of lifetime supervision. After hearings on the petition, the post-conviction court entered an order denying post-conviction relief. The Petitioner filed, at the same time, both an appeal to this Court and a motion for new trial. Thereafter, the post-conviction court issued a subsequent order granting post-conviction relief. Upon our review of the record, we conclude that the subsequent order granting post-conviction relief is void because the trial court lacked jurisdiction to enter the second order. As to the first order denying post-conviction relief, we affirm the judgement of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Malcolm H. Jones
The Defendant, Malcolm H. Jones, appeals from his dual jury convictions for aggravated robbery, a Class B felony, and the trial court’s subsequent sentence, after merging the two convictions, to serve nine years in the Department of Correction (DOC). He contends that the evidence is insufficient to support his convictions for, that the trial court erred in denying his motion for a continuance, and that the trial court’s sentence of nine years was excessive because the trial court misapplied an enhancement factor, and the remaining two enhancement factors are not sufficient to support a one-year enhancement beyond the minimum in the range. Following our review of the record and the applicable authorities, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Kyrie T. Adams v. State of Tennessee
The Petitioner, Kyrie T. Adams, appeals as of right from the Madison County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner contends that he received ineffective assistance of counsel because trial counsel failed to file a motion to suppress his statement to the police prior to the Petitioner entering a guilty plea. Discerning no error, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Jackie Ewing
A Madison County jury convicted the Defendant, Jackie Ewing, of theft of property valued over $1,000.00. The trial court sentenced the Defendant to twelve years in the Tennessee Department of Correction. On appeal, the Defendant asserts that the evidence is insufficient to support his conviction. After a thorough review of the record and applicable law, we affirm the trial court’s judgment. |
Madison | Court of Criminal Appeals | |
Antoinette Horton v. State of Tennessee
The petitioner, Antoinette Horton, appeals the Shelby County Criminal Court’s denial of her petition for post-conviction relief. The petitioner was convicted of second degree murder and sentenced to a term of eighteen years in the Department of Correction. On appeal, she contends that the court erred in denying her petition because she was denied her right to the effective assistance of counsel. Specifically, she contends that trial counsel was ineffective by: (1) failing to present a witness who would have established that the gunshot fired by the petitioner could not have killed the victim; and (2) failing to adequately advise the petitioner with regard to the State’s plea offers. The petitioner also asserts that the post-conviction court’s denial of her request for funding for a ballistics expert violated her Due Process rights. Following review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Willie Howard Mull
The Defendant, Willie Howard Mull, pled guilty to aggravated assault, felony reckless endangerment, and unlawfully carrying a weapon. The trial court sentenced him to an effective sentence of four years, to be served on probation. A warrant was issued alleging the Defendant had violated his probation. After a hearing, the trial court revoked the Defendant’s probation and ordered him to serve his sentence in confinement. On appeal, the Defendant contends the trial court abused its discretion when it revoked his probation. After a thorough review of the record and applicable law, we affirm the trial court’s judgment. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Greg Patterson
A Lauderdale County Circuit Court Jury convicted the appellant, Greg Patterson, of felony reckless endangerment, and the trial court sentenced him to eighteen months to be served in community corrections. On appeal, the appellant contends that the evidence is insufficient to support the conviction. Based upon the record and the parties’ briefs, we agree that the evidence is insufficient. Therefore, the conviction is reversed, and the original charge is dismissed. |
Lauderdale | Court of Criminal Appeals | |
Michael W. Smith v. State of Tennessee
The Petitioner, Michael W. Smith, appeals the Shelby County Criminal Court’s denial of his pro se petition for post-conviction relief. The State has filed a motion requesting that this Court affirm the post-conviction court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Steven D. Pippin
A Sullivan County jury convicted the Defendant, Steven D. Pippin, of aggravated sexual battery and incest. The trial court imposed a sentence of twenty years for the aggravated sexual battery conviction and a consecutive ten-year sentence for the incest conviction. On appeal, the Defendant argues that: (1) the evidence is insufficient to support his convictions; and (2) the trial court’s sentence was excessive. After thoroughly reviewing the record and applicable authorities, we hold that the evidence is sufficient to sustain the Defendant’s convictions and that the trial court properly sentenced the Defendant. Accordingly, we affirm the trial court’s judgments. |
Sullivan | Court of Criminal Appeals | |
Cadlerock, LLC v. Sheila R. Weber
This is the second appeal of this case in which Cadlerock, LLC attempted to domesticate a foreign judgment that it had purportedly received by assignment. The judgment had been entered against Sheila R. Weber. The trial court refused to enroll the judgment and dismissed the case because Cadlerock, LLC was merely an assignee of the judgment. Cadlerock, LLC appealed, and this court directed the trial court to enroll the judgment. On remand, the trial court enrolled the judgment as directed. Sheila R. Weber appeals. We affirm the decision of the trial court. |
Sevier | Court of Appeals | |
Eric Payne v. State of Tennessee Department of Human Services, et al
Appellant appeals from an order dismissing his claims for monetary damages against the State of Tennessee, the Tennessee Department of Human Services, and the Assistant Commissioner of the Child Support Services Division of the Tennessee Department of Human Services. Having determined that sovereign immunity bars the lawsuit, we affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Anthony Dewight Washington
The Defendant, Anthony Dewight Washington, appeals from his conviction by a Davidson County Criminal Court jury of possession with intent to sell or deliver more than one-half gram of cocaine in a drug-free zone, a Class B felony. See T.C.A. § 39-17-417(a)(4), (c)(1) (2010) (amended 2012) (possession of cocaine), 39-17-432 (2010) (increased penalty for a drug offense committed in a drug-free zone). The Defendant was sentenced to serve thirty years as a Range III, persistent offender. On appeal, he contends that the evidence is insufficient to support his conviction and that the trial court erred in sentencing him. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Alveraz Ramirez Rigoberto, a/k/a Rigoberto A. Ramirez v. State of Tennessee
The Petitioner, Alveraz Ramirez Rigoberto, appeals the Williamson County Circuit Court’s denial of his petition for post-conviction relief from his convictions of simple possession of marijuana; misdemeanor evading arrest; and driving on a revoked license, sixth offense, and resulting sentences of eleven months, twenty-nine days to be served concurrently on supervised probation. On appeal, the Petitioner contends that he is entitled to post-conviction relief because trial counsel failed to advise him about the consequences of his guilty pleas, which resulted in his entering his pleas unknowingly and involuntarily. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the post-conviction court’s denial of the petition. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Deshaun Emmanuel Brown and Jerome Cardell Holt
The appellants, Deshaun Emmanuel Brown and Jerome Cardell Holt, pled guilty in the Davidson County Criminal Court to ten counts of aggravated rape, two counts of aggravated robbery, one count of especially aggravated kidnapping, and one count of reckless endangerment. The trial court sentenced Appellant Brown to a total effective sentence of 60 years and Appellant Holt to a total effective sentence of 72 years in the Tennessee Department of Correction. On appeal, the appellants challenge the sentences imposed by the trial court. Upon review, we affirm the judgments of the trial court; however, we must remand for entry of corrected judgments for the aggravated rape convictions to reflect that each appellant is a multiple rapist rather than a violent offender as indicated on the judgments. |
Davidson | Court of Criminal Appeals |