Christopher Turner v. State of Tennessee
The Petitioner, Christopher Turner, appeals the Davidson County Criminal Court’s denial of post-conviction relief from his 2008 conviction for attempted aggravated robbery and his effective nine-year sentence. On appeal, he contends that counsel provided the ineffective assistance of counsel by failing to investigate and interview witnesses adequately and by failing to request that his case be severed from his codefendant’s case. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Carl Bond
Carl Bond (“the Defendant”) was convicted after a jury trial of aggravated robbery. Following a sentencing hearing, the trial court sentenced the Defendant as a Range II offender to seventeen years, to be served in confinement at 100%. On appeal, the Defendant contends that the evidence is not sufficient to support his conviction, that the trial court erred in its ruling on the admissibility of a prior conviction for impeachment purposes, and that the trial court imposed an excessive sentence. Upon our thorough review of the record, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Cheryl O. Charles v. Gisselle Carter Neely
This case involves an alleged agreement about funds distributed from a reopened estate. The decedent father died years ago, leaving three daughters and an estranged wife. The father’s estate was probated and closed. Long afterward, the petitioner daughter discovered unclaimed funds in the father’s name held by the State. Another daughter, the executrix of the father’s estate, reopened the father’s estate. Finding no claims against the estate, the probate court distributed the funds to the executrix, in accordance with the father’s will, and closed the estate. The daughter who discovered the unclaimed funds filed the instant petition in chancery court, asserting that the sisters had agreed that the funds would be split among them in accordance with their mother’s will. Based on the probate court’s adjudication of the father’s reopened estate, the chancery court granted summary judgment in favor of the executrix daughter, holding that res judicata barred the chancery court action. We affirm the grant of summary judgment as to allegations in the chancery court petition that the probate court should have distributed the funds differently. We reverse the grant of summary judgment as to the remainder of the chancery court petition, finding that the petition also asserts claims based on an alleged separate oral agreement among the sisters, and hold that the respondent executrix sister has not conclusively established the defense of res judicata as to these remaining claims. |
Shelby | Court of Appeals | |
Shundell Lynn Dickerson v. State of Tennessee
Petitioner, Shundell Lynn Dickerson, appealed the trial court’s denial of post-conviction relief, and this court affirmed the judgment of the post-conviction court. Shundell Lynn Dickerson v. State of Tennessee, No. M2011-00644-CCA-R3-PC, 2012 WL 2564376 (Tenn. Crim. App. at Nashville, filed July 3, 2012). In that opinion, Petitioner raised the issue of whether his appellate counsel was ineffective for failing to challenge the sufficiency of the convicting evidence on direct appeal. We acknowledged that pursuant to our supreme court’s decision in State v. Parker, 350 S.W.3d 883 (Tenn. 2011), appellate review of the sufficiency of the evidence must be undertaken with respect to the offense for which a defendant was convicted rather than the greater offense with which he or she was charged. We were precluded, however, from fully considering the issue because the summary of the facts contained in our opinion in the direct appeal was not adequate to allow for review of the issue, and, through no fault of Petitioner, the appellate record in the direct appeal was destroyed in the historic Nashville flood in May, 2010. Therefore, this court could not determine from the record whether Petitioner suffered prejudice by appellate counsel’s deficient performance in failing to challenge the sufficiency of the convicting evidence on appeal. Since the filing of that opinion, this court has granted Petitioner’s petition to rehear the issue of the ineffectiveness of appellate counsel, and Petitioner has supplemented the record with copies of the trial transcript. Both parties have filed supplemental briefs. After a review of the record before us, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Stephen Meacham, Personal Representative of the Estate of Robert E. Meacham v. William Earl Starnes, Sr.
This case involves the bond requirements for an appeal from General Sessions Court to Circuit Court. The plaintiff sued the defendant for damages in General Sessions Court, and a judgment was entered in favor of the defendant. The plaintiff sought a de novo appeal to Circuit Court. Within ten days of the General Sessions Court judgment, the plaintiff filed a notice of appeal and paid $211.50 to the General Sessions Court clerk, pursuant to T.C.A. 8-21-401(b)(1)(C)(i). The plaintiff did not file any further bond at that time. The defendant filed a motion to dismiss, asserting that the Circuit Court lacked subject-matter jurisdiction over the case because the plaintiff had not complied with the appeal-bond requirement in T.C.A. § 27-5-103. The trial court granted the motion to dismiss on that basis. The plaintiff now appeals. We reverse in light of our recent decision in Bernatsky v. Designer Baths & Kitchens, LLC, No. W2012-00803-COA-R3-CV, 2013 WL 593911 (Tenn. Ct. App. Feb. 15, 2013), and remand for further proceedings. |
Shelby | Court of Appeals | |
Richard Liput v. Bobby Grinder
Appellant appeals the trial court’s grant of summary judgment to the Appellee uninsured motorist carrier for failure to properly and timely serve the alleged tortfeasor. After a careful review of the record, we affirm. |
Hardin | Court of Appeals | |
Demario Johnson v. State of Tennessee
Post-conviction petitioner, Demario Johnson, challenges his 2008 conviction of first degree murder and resulting sentence of life imprisonment. On appeal, he alleges the following claims of ineffective assistance of counsel: (1) failure to investigate and present evidence of his mental health history; and (2) failure to challenge the medical examiner’s opinion regarding the victim’s cause of death. Discerning no error, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Wesley Jones
The Defendant-Appellant, Wesley Jones, appeals his conviction for first degree premeditated murder. On appeal, he argues that (1) the trial court abused its discretion in allowing a witness to be recalled to testify, and (2) the evidence is insufficient to support his conviction. Upon review, we affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Howard B. Lewis, III
A Dickson County grand jury indicted appellant, Howard B. Lewis, III, for especially aggravated burglary, aggravated assault, and domestic assault. He entered a guilty plea to aggravated assault, and the State dismissed the remaining charges. The parties agreed to submit the length of the sentence and any alternative sentencing decision to the trial court. Following a sentencing hearing, the trial court sentenced appellant to six years in the Tennessee Department of Correction. Appellant now challenges the trial court’s findings, alleging that the trial court impermissibly enhanced his sentence. Discerning no error, we affirm the judgment of the trial court. |
Dickson | Court of Criminal Appeals | |
Ann C. King (Walden) v. David M. King
Ann C. King (“Wife”) filed a motion seeking to renew a 2001 judgment against David M. King (“Husband”). After a hearing, the Chancery Court for Anderson County (“Anderson Chancery Court”) entered an order renewing the judgment. Husband appeals to this Court raising issues regarding whether the Anderson Chancery Court lacked jurisdiction and whether the renewal of judgment complied with Tenn. R. Civ. P. 69.04. We hold that the Anderson Chancery Court had jurisdiction and did not err in renewing the judgment. |
Anderson | Court of Appeals | |
Mary Sue Cook v. East Tennessee Human Resource Agency, Inc., et al
This is a negligence case in which Passenger sued ETHRA and Driver for injuries she sustained when exiting an ETHRA public transit vehicle. The trial court dismissed the claim against Driver but denied ETHRA’s motion for summary judgment. Following a bench trial, the court dismissed the claim against ETHRA, holding that Passenger failed to prove that Driver was negligent. Passenger appeals. We affirm the decision of the trial court. |
Blount | Court of Appeals | |
In the Matter of: Anna C.T.
Because the order appealed is not a final judgment, we dismiss this appeal for lack of jurisdiction. |
Shelby | Court of Appeals | |
In Re: Estate of Raymond L. Smallman
The primary issue we address in this appeal is whether certain evidence was erroneously admitted at trial and if so, whether it more probably than not affected the jury’s verdict. This case arose out of the death of Raymond Smallman and the ensuing dispute between his two sons from a previous marriage and Linda Caraway, whom he married two weeks before his death. Mr. Smallman’s sons challenged the validity of their father’s marriage to Ms. Caraway and the validity of the lost will that Ms. Caraway sought to have established. Ms. Caraway claimed to be Mr. Smallman’s surviving spouse and the sole beneficiary of his estate pursuant to the terms of his will. The case went to trial, and the jury was allowed to hear evidence about Ms. Caraway’s real estate holdings and her late mother’s will. The jury found in favor of Mr. Smallman’s sons. The Court of Appeals affirmed. We granted Ms. Caraway permission to appeal to address whether Mr. Smallman’s sons had standing to contest the validity of their father’s second marriage and whether the introduction of evidence regarding Ms. Caraway’s late mother’s will and her real estate holdings was error and if so, whether it more probably than not affected the jury’s verdict. We hold that Ms. Caraway waived her argument that Mr. Smallman’s sons lacked standing to contest the validity of her marriage to their father. We further hold that the trial court erred in allowing into evidence testimony regarding Ms. Caraway’s real property holdings and her late mother’s will. Because this evidence more probably than not affected the jury’s verdict, we reverse the judgment of the trial court and remand for a new trial. |
Hamblen | Supreme Court | |
In Re: Estate of Raymond L. Smallman - Concur and Dissent
I concur with the Court’s decision to remand this case for a new trial because the trial court erred by admitting into evidence testimony regarding Ms. Caraway’s real estate holdings and regarding the execution and substance of Ms. Caraway’s late mother’s will. However, I disagree with the Court’s refusal to address Ms. Caraway’s challenge to the standing of Mr. Smallman’s sons to contest the validity of her marriage to their father and with the Court’s decision that Ms. Caraway may not raise the standing issue on remand. |
Hamblen | Supreme Court | |
State of Tennessee v. Christopher Martin
The petitioner, Christopher Martin, was convicted in 1997 for rape of a child and received a twenty-five-year sentence. He was also convicted in Georgia of similar offenses and received a twenty-year sentence. The Georgia and Tennessee sentences were to be served concurrently. The petitioner filed a motion in the trial court, seeking to remove a Tennessee detainer against him. He asserted that the detainer prevented him from being eligible for parole in Georgia. The trial court denied the motion, and the petitioner now appeals. Upon review, we conclude that the appellant does not have an appeal as of right from the order. Therefore, the appeal is dismissed. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Eddie Leroy Rowlett
The Defendant, Eddie Leroy Rowlett, was convicted by a Stewart County jury of aggravated assault and resisting arrest. Following a sentencing hearing, the trial court imposed an effective six-year sentence. In this direct appeal, the Defendant challenges (1) the denial of his motion to suppress, arguing that the entry into his home and his subsequent detention and arrest violated his Fourth Amendment rights; (2) the sufficiency of the evidence supporting his convictions; (3) several evidentiary rulings, including the admission of certain photographs and limitations on establishing a "criminal trespass" defense; and (4) the jury instructions, arguing that a special instruction should have been given for the State’s failure to disclose the deputy’s telephone records, and that instructions on self-defense and defense of others should have been included in the final charge to the jury. Because the evidence of serious bodily injury was insufficient, the Defendant’s conviction for aggravated assault is reversed and modified to a conviction for Class A misdemeanor assault. The judgment for resisting arrest is affirmed. The case is remanded for resentencing. |
Stewart | Court of Criminal Appeals | |
Stephen Taylor v. Airgas Mid-South, Inc., et al.
In this workers’ compensation appeal, it is undisputed that the employee sustained a compensable injury, that the employer was providing medical care as required by the workers’ compensation statute, and that the employee sought and received a spinal fusion treatment without informing or consulting with his employer. The trial court ordered the employer to pay for the unauthorized treatment, and the employer has appealed from that decision. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law in accordance with Tennessee Supreme Court Rule 51. We reverse the judgment of the trial court and remand for further proceedings. |
Obion | Workers Compensation Panel | |
State of Tennessee v. Lindsey Brooke Lowe
The Appellant, Lindsey Brooke Lowe, petitions this Court for an accelerated interlocutory appeal as of right pursuant to Tennessee Supreme Court Rule 10B, Section 2. The Appellant seeks review of the trial court’s order denying her motion to recuse. After a thorough review of the petition, this Court concludes that the trial court properly denied the Appellant’s motion for recusal. The order of the trial court is affirmed. |
Sumner | Court of Criminal Appeals | |
Ruby Lois Dye v. Leonard Waldo, et al
This case involves a dispute over the ownership of a parcel of real property to which the appellees obtained title in May 2010. The appellant argued that the property belonged to her through the doctrine of adverse possession because she and her mother had used the property exclusively since 1937. The appellees proved at trial that the appellant had not paid taxes on the land for more than 22 years and moved for a directed verdict at the close of the appellant’s case-in chief. The trial court granted the motion based upon the statutory bar imposed by Tennessee Code Annotated section 28-2-110. The appellant appeals. We affirm. |
Rhea | Court of Appeals | |
State of Tennessee v. Scott McLain
The appellant, Scott McLain, pled guilty to driving under the influence (DUI) and received a sentence of eleven months and twenty-nine days with seven days to be served in confinement. As a condition of his plea, he reserved certified questions of law concerning the suppression of the results of his blood alcohol test. This court affirmed the judgment of the trial court; however, our supreme court subsequently remanded to this court for reconsideration in light of State v. Harrison, 270 S.W.3d 21 (Tenn. 2008). Upon reconsideration, we reverse the judgment of the trial court and remand for dismissal of the indictment. |
Washington | Court of Criminal Appeals | |
In Re: Dacia S., et al.
The State of Tennessee Department of Children’s Services (“DCS”) filed a petition seeking to terminate the parental rights of Donald R.S., Jr. (“Father”) to the minor children Dacia S., Aerial W. , and Teagan W. After a trial, the Trial Court entered its order terminating Father’s parental rights to the Children after finding and holding, inter alia, that DCS had proven by clear and convincing evidence that grounds existed to terminate Father’s parental rights pursuant to Tenn. Code Ann. § 36-1-113(g)(1) and Tenn. Code Ann. § 36-1- 102(1)(A)(iv) and that the termination was in the Children’s best interest. Father appeals to this Court. We affirm. |
Hamilton | Court of Appeals | |
State of Tennessee v. Eddie Leroy Rowlett-concurring in part and dissenting in part
I respectfully dissent from the majority’s reversal of the Defendant’s conviction for aggravated assault. The majority concludes that the State failed to present sufficient evidence of serious bodily injury to Deputy Saltkill. Nowhere in the Defendant’s brief does he even mention the issue of the sufficiency of the proof as to serious bodily injury. As the majority points out, the "crux of the Defendant’s sufficiency argument is that the State failed to prove that he did not act in self-defense." Indeed, I submit that, not only is it the "crux" of his argument, it is his only argument. The Defendant’s entire argument on the sufficiency issue is comprised of only one paragraph that consumes less than one-half of a page of the Defendant’s brief. The only citation in the paragraph is to the seminal case Jackson v. Virginia, 443 U.S. 307 (1979), regarding the general standard of appellate review on sufficiency issues. Moreover, the only reference to the proof was with regard to the issue of self defense. Under these circumstances, the Defendant clearly has failed to support any argument on the sufficiency of the evidence as to the issue of serious bodily injury "with argument, citation to relevant authorities, or any references to the appellate record." See Tenn. R. App. P. 27. Accordingly, I would find that the Defendant has waived any sufficiency argument with regard to the issue of serious bodily injury. |
Stewart | Court of Criminal Appeals | |
Melissa Barnett v. State of Tennessee
The Petitioner, Melissa Barnett, appeals the Polk County Criminal Court’s denial of her petition for a writ of error coram nobis regarding her convictions for first degree murder and conspiracy to commit first degree murder, for which she is serving a life sentence. The Petitioner contends that the trial court erred by denying her relief. We affirm the judgment of the trial court. |
Polk | Court of Criminal Appeals | |
Wade P. Tucker v. State of Tennessee
The petitioner, Wade P. Tucker, appeals the summary dismissal of his pro se petition for writ of habeas corpus, arguing that the court erred in failing to consider his motion for appointment of counsel and that the indictment was defective so as to deprive the trial court of subject matter jurisdiction. After review, we affirm the summary dismissal of the petition. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Eric Pernell Taylor
Appellant, Eric Pernell Taylor, was on probation after entering guilty plea in the Montgomery County Circuit Court on January 7, 2011. On July 13, 2011, a probation violation warrant was issued alleging that Appellant had failed to report his arrest, failed to report to his probation officer, failed to pay litigation taxes, and tested positive for cocaine. He also admitted to the cocaine usage in writing. After holding a probation revocation hearing, the trial court revoked Appellant’s probation and ordered him to serve his sentence in incarceration. After a thorough review of the record, we conclude that the trial court did not abuse its discretion in revoking the probation or ordering the service of the sentence in incarceration. Therefore, we affirm the decision of the trial court. |
Montgomery | Court of Criminal Appeals |