State of Tennessee v. Bennie Osby
The defendant, Bennie Osby, appeals his Shelby County Criminal Court jury convictions of especially aggravated kidnapping, attempted second degree murder, aggravated robbery, and employing a firearm during the commission of a felony, arguing that the evidence was insufficient to support his convictions. Discerning no reversible error, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. James Allen Ward and Gregory Darryl Want
Defendant Ward pled guilty to one count of initiating a process intended to result in the manufacture of methamphetamine, a Class B felony, and Defendant Want pled guilty to one count of initiating a process intended to result in the manufacture of methamphetamine, a Class B felony, and one count of possession of drug paraphernalia, a Class A misdemeanor. Defendant Ward was sentenced to eight years, and Defendant Want was sentenced to eight years for the initiation conviction and to a concurrent eleven months and twenty-nine days for the possession conviction, for a total effective sentence of eight years. Both defendants reserved a certified question of law concerning the legality of a search conducted by police. On appeal, both defendants claim that the trial court erred by failing to suppress items seized pursuant to the warrantless search of Defendant Ward’s premises. After carefully reviewing the record and the arguments of the parties, we conclude that the certified question as phrased is not dispositive of the case, and we dismiss the appeals accordingly. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Joseph Thomas Blakely
The defendant, Joseph Thomas Blakely, was charged with two counts of rape of a child. A jury found him guilty of the first count but was unable to reach a unanimous decision on the second count. The defendant was sentenced to twenty years of imprisonment with a release eligibility of one hundred percent. The defendant appeals, challenging only the sufficiency of the evidence. After a thorough review of the record, we affirm the judgment of the trial court. |
Gibson | Court of Criminal Appeals | |
Laquenton Monger v. State of Tennessee
The petitioner, LaQuenton Monger, appeals the summary dismissal of his petition for post-conviction relief. The petitioner was convicted by a jury of first degree felony murder in the perpetration of aggravated child abuse and of aggravated child abuse. On direct appeal, the conviction for first degree murder was ultimately reversed and remanded for a new trial because the trial court failed to charge lesser included offenses. The petitioner pled guilty to second degree murder. The petitioner brought a pro se post-conviction petition asserting various errors, and the post-conviction court dismissed the petition based on the statute of limitations. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Robert Lee Yates v. State of Tennessee
The petitioner, Robert Lee Yates, appeals the Warren County Circuit Court’s denial of his petition for post-conviction relief. The petitioner was convicted by a jury of one count of aggravated robbery and sentenced to thirty years in the Department of Correction. On appeal, he contends he was denied his right to the effective assistance of counsel at trial and on appeal. Following review of the record, we affirm the denial of post-conviction relief. |
Warren | Court of Criminal Appeals | |
Tasha Dayhoff v. Joshua D. Cathey
Father appeals the Madison County Juvenile Court’s judgment, entering a permanent parenting plan, setting child support, awarding a child support arrearage, awarding attorney fees to Mother, and granting a wage garnishment. We affirm the trial court’s ruling that Father is the legal and biological parent of the children at issue. However, having determined that no testimony was elicited at the hearing on this cause, and thus no evidence was presented from which the trial court could make a determination, we vacate the judgment of the trial court and remand for an evidentiary hearing on all other issues in this case. |
Madison | Court of Appeals | |
State of Tennessee v. Michael E. Fischer
A Lewis County Circuit Court jury convicted the defendant, Michael E. Fischer, of misdemeanor reckless endangerment, see T.C.A. § 39-13-103; driving under the influence (“DUI”), fifth offense, see id. § 55-10-401; driving while his license was revoked (“DWLR”), fifth offense, see id. § 55-10-504; and violation of the open container law, see id. § 55-10-416. At sentencing, the trial court imposed a total effective sentence of three years’ incarceration by the agreement of the parties. In addition to challenging the sufficiency of the evidence to support his conviction of DUI, the defendant also argues that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the judgments of the trial court. |
Lewis | Court of Criminal Appeals | |
Lynn Gary Fryer v. State of Tennessee
The Petitioner, Lynn Garry Fryer, appeals the Lake County Circuit Court’s denial of his pro se petition for writ of habeas corpus. The State has filed a motion requesting that this Court affirm the trial 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 trial court. |
Lake | Court of Criminal Appeals | |
John Brockman v. Wesley Wolfe, et al.
Plaintiff sued multiple parties after trees on his property were allegedly erroneously removed during the development of an adjacent subdivision. The trial court ultimately granted summary judgment to a subdivision developer, who was sued in his individual capacity, finding that it was his limited liability company which had developed the property, and that the developer had not instructed that Plaintiff’s trees be removed. The trial court also granted summary judgment to the developer’s limited liability company, finding the claims against it were time-barred. A trial was held against the remaining defendant and a judgment was entered against him. However, the trial court then reduced the judgment against the remaining defendant based upon the comparative fault of the limited liability company. Plaintiff appeals. We affirm the trial court in all respects. |
Gibson | Court of Appeals | |
David Kyle Gilley v. State of Tennessee
After a trial by jury, the petitioner was found guilty of first degree (premeditated) murder, and he was sentenced to life in prison. His conviction was affirmed by this court on direct appeal. The petitioner filed a petition for post-conviction relief, which was denied by the post-conviction court following an evidentiary hearing. On appeal, the petitioner claims that the post-conviction court erred by: (1) ruling that the State did not violate the petitioner’s due process right to favorable evidence by failing to provide information related to the testimony of a State witness; (2) ruling that the petitioner did not receive ineffective assistance of counsel at this trial, and (3) denying his request for post-conviction DNA analysis. After carefully reviewing the record and the arguments of the parties, we conclude that the evidence does not preponderate against the post-conviction court’s finding that the State in fact provided the petitioner with access to the favorable evidence in question and that the trial court did not err in its conclusion that the petitioner received effective assistance of counsel at trial. We further conclude that the post-conviction court was within its discretion in denying the petitioner’s request for additional DNA analysis. Consequently, we affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Joseph Darryl Taylor
A Bedford County Circuit Court jury convicted the defendant, Joseph Darryl Taylor, of two counts of rape, see T.C.A. § 39-13-503(a)(1), (2); one count of contributing to the delinquency of a minor, see id. § 37-1-156; and one count of simple possession of marijuana, see id. § 39-17-418(a). At sentencing, the trial court merged the rape convictions into a single judgment of conviction and imposed an effective sentence of 20 years plus 11 months and 29 days’ incarceration for the offenses. On appeal, the defendant challenges the sufficiency of the evidence to support his convictions, the trial court’s allowing his impeachment by prior convictions of aggravated assault and statutory rape, and the trial court’s sentencing determination. Discerning no reversible error, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Deonte Matthews
Appellant, Deonte Matthews, was convicted by a Davidson County jury of especially aggravated robbery and the trial court sentenced Appellant to seventeen years at 100%. After the denial of a motion for new trial, Appellant initiated this appeal challenging the sufficiency of the evidence. Reviewing the evidence in the light most favorable to the State, we conclude that the proof supports the conviction for especially aggravated robbery. |
Davidson | Court of Criminal Appeals | |
Brenda Griffith, next of kin of Decedent, Bob Griffith v. Dr. Stephen Goryl and Upper Cumberland Urology Associates, P.C.
In this medical malpractice, wrongful death action the plaintiff alleges the defendant physician, a urologist, failed to timely diagnose and treat the decedent’s bladder cancer which caused his death. At the close of the plaintiff’s case in chief, the defendant moved for a directed verdict. The trial court held that the plaintiff’s only medical expert witness erroneously defined the standard of care and, upon that basis, excluded his testimony concerning the standard of care and breach thereof. With the exclusion of the plaintiff’s only expert testimony, the trial court held that the plaintiff failed to establish a prima facie case for medical malpractice and granted the motion for a directed verdict. We have determined the plaintiff’s medical expert did not erroneously identify the standard of care, he is competent to testify and, thus, the trial court erred in excluding his testimony and directing a verdict in favor of the defendant. We, therefore, reverse and remand for a new trial. |
Putnam | Court of Appeals | |
Tommy Wright, et al. v. The City of Shelbyville Board of Zoning Appeals, et al.
This case involves a prolonged dispute over a proposed stone quarry that the plaintiff landowners, the Wrights, wished to establish on their property. While their application was pending, the city changed the zoning ordinance to rezone the Wrights’ property so that a quarry was no longer permitted as a conditional use. The Wrights filed suit, and on appeal this court held that the notice of the zoning amendment had been defective and that the zoning change was therefore void. The Wrights subsequently asked the Board of Zoning Appeals to consider their application under the property’s original zoning, but the BZA refused to put the application on its meeting agenda. The Wrights filed a petition for writ of certiorari. The trial court found that the BZA’s action was arbitrary and illegal, but ruled that the Wrights were nonetheless precluded from obtaining any relief because of the operation of res judicata. We reverse the trial court’s dismissal of the petition on the basis of res judicata, because we find that doctrine inapplicable. We agree with the trial court that the BZA’s actions were arbitrary and capricious. |
Bedford | Court of Appeals | |
State of Tennessee v. Billy J. Blankenship
A Campbell County jury convicted the Defendant- Appellant, Billy J. Blankenship, of robbery, a Class C felony, and theft of property valued at $1000 or more but less than $10,000, a Class D felony. He received a sentence of four years for robbery and three years for theft, to be served concurrently in the Department of Correction. On appeal, Blankenship argues that the evidence is insufficient to support the convictions because the State failed to prove the particular allegations of the indictments. Upon review, we reverse and vacate the judgment for robbery, and remand for a new trial as to the robbery offense. The judgment for theft, however, is affirmed. |
Campbell | Court of Criminal Appeals | |
John Albert Cordell, Jr. et al. v. Burl Bruce Snyder et al.
This is an action for breach of warranty of title. The court found, after a bench trial, that the defendants breached the warranty by conveying an easement which they did not own. The defendants appeal. We affirm. |
Johnson | Court of Appeals | |
Sherry Hutson v. Safe Star Trucking et al.
In this case, Sherry Hutson filed a complaint in which she alleged her vehicle was struck by a tractor-trailer (“the tractor”) that left the scene of the accident. She seeks to recover under the uninsured motorist (“UM”) provisions of a policy providing coverage to the vehicle she was driving. The jury found that no “actual physical contact ha[d] occurred between” the plaintiff’s vehicle and the vehicle that left the scene. She appeals. We affirm. |
Cumberland | Court of Appeals | |
James Todd Harris v. Amy Price Harris
This appeal arises from a dispute over the trial court’s jurisdiction to hear an appeal from a magistrate’s order on child support. Amy Price Harris (“Mother”) filed a petition to increase child support from her former husband, James Todd Harris (“Father”), for their minor child. Two hearings were held before a magistrate, resulting in, among other things, an increase of child support. The trial judge did not confirm the magistrate’s order. This case later was transferred from the Fourth Circuit Court for Knox County to the Circuit Court for Sevier County (“the Trial Court”). Several months later, Father filed a motion to correct the magistrate’s order concerning child support. The Trial Court held that it lacked jurisdiction at that point to change the prior child support arrearage judgment or hold a rehearing on that issue. Father appeals. We vacate the judgment of the Trial Court and remand for further proceedings. |
Sevier | Court of Appeals | |
State of Tennessee v. Ronnie Ingram
A Shelby County Criminal Court jury convicted the defendant, Ronnie Ingram, of aggravated burglary, see T.C.A. § 39-14-403; theft of property valued at more than $500 but less than $1,000, see id. § 39-14-103, 105(2); criminal exposure to human immunodeficiency virus (“HIV”), see id. § 39-13-109; evading arrest, see id. § 39-16-603; and resisting arrest, see id. § 39-16-602. The trial court imposed a total effective sentence of 32 years plus 11 months and 29 days’ incarceration. On appeal, the defendant challenges only the sufficiency of the evidence to support his conviction of criminal exposure to HIV. Because we determine that the State failed to establish an element of the offense, we reverse the defendant’s conviction of criminal exposure to HIV and dismiss that charge. In lieu thereof, we impose a conviction of attempt to expose one to HIV and remand for sentencing on this modified conviction. Because the defendant raises no challenge to his remaining convictions, the judgments of the trial court are affirmed in all other respects. |
Shelby | Court of Criminal Appeals | |
Abron Spraggins v. State of Tennessee
Much aggrieved by his convictions of aggravated assault and felony reckless endangerment, the petitioner, Abron Spraggins, sought post-conviction relief in the Shelby County Criminal Court, alleging that he was deprived of the effective assistance of counsel. Following an evidentiary hearing, the post-conviction court denied relief. On appeal, the petitioner contends that trial counsel performed deficiently by failing to introduce alibi evidence at trial and by failing to object to a police officer’s testimony concerning his knowledge of the petitioner and that these omissions inured to his detriment. Discerning no error, we affirm the order of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Anthony Williams
Following his Shelby County Criminal Court jury convictions of premeditated murder, felony murder, and especially aggravated robbery, for which he received an effective sentence of life imprisonment, the defendant, Anthony Williams, appeals to this court, challenging only the sufficiency of the evidence to support his convictions. Discerning no paucity in the evidence, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Jerry D. Carney II v. Dwight Barbee, Warden
The Petitioner, Jerry D. Carney, II, appeals the summary dismissal of his petition for writ of habeas corpus, in which he contended that his life sentence for his first degree premeditated murder conviction was illegal and void. On appeal, the Petitioner challenges the summary dismissal of the petition. His primary claim is that his life sentence is illegal because the statute governing his release eligibility does not allow for the possibility of parole. Following our review, we affirm. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Danny Ray Hensley
The Defendant, Danny Ray Hensley, pleaded guilty to robbery, a Class C felony. See T.C.A. § 39-13-401 (2010). He was sentenced as a Range I, standard offender to eight years’ confinement. On appeal, he contends that the trial court erred in denying an alternative sentence. Because the trial court did not consider a presentence report, we reverse its judgment and remand for resentencing. |
Hawkins | Court of Criminal Appeals | |
MIchael J. Denson v. David A. Sexton, Warden
The petitioner, who stood convicted following a guilty plea to numerous crimes including aggravated kidnapping, brought a petition for habeas corpus claiming that the trial court was without jurisdiction to enter a pretrial order amending one count of his indictment from a charge of especially aggravated kidnapping to a charge of aggravated kidnapping. Consequently, he urged that his conviction for aggravated kidnapping was void. The habeas corpus court granted the State’s motion to dismiss the petition on the grounds that the petitioner’s claims, if sustained, would merely render his judgment voidable, not void. On appeal, the petitioner claims that the trial court violated his due process right to fair and impartial review by failing to accurately grasp the merits of his claims and including nongermane material in its order. After review, we conclude that the habeas corpus court’s order did fairly address his claims and did not violate his due process rights. Consequently, the judgment below is affirmed. |
Johnson | Court of Criminal Appeals | |
Joseph J. Levitt, Jr. v. City of Oak Ridge, et al.
This appeal involves the efforts of Oak Ridge’s Board of Building and Housing Code Appeals to demolish buildings in Applewood Apartment Complex pursuant to Tennessee Code Annotated section 13-21-101, Tennessee’s Slum Clearance and Redevelopment Statute. Owner filed a petition for writ of certiorari when the Board voted to demolish the buildings. The trial court granted the petition but granted the Board’s motion for summary judgment. Owner appeals. We reverse the grant of summary judgment on the issue of whether the Board acted without material evidence but affirm the grant of summary judgment on all other issues. The case is remanded for proceedings consistent with this opinion. |
Anderson | Court of Appeals |