State of Tennessee v. Charles Middlebrook
Appellant, Charles Middlebrook, was indicted in two separate cases for one count of theft of property over $1,000, one count of theft of property over $500, and three counts of assault. After negotiation with the State, Appellant pled guilty to one count of theft of property over $1,000 and one count of simple assault. The remaining counts were dismissed. Appellant was sentenced to eight years as a Range III, persistent offender for the conviction for theft of property and eleven months and twenty-nine days for the conviction for assault. After a sentencing hearing, the trial court denied alternative sentencing. Appellant appeals, arguing that the trial court improperly denied an alternative sentence. Because the record supports the trial court’s finding that Appellant had a lengthy prior record and repeated unwillingness to comply with a sentence involving release in the community, we affirm the trial court’s denial of an alternative sentence. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Robert Fann, Jr.
After a trial by jury, the defendant was found guilty of rape, a Class B felony, and incest, a Class C felony. He was sentenced to a total effective sentence of ten years. On appeal, the defendant raises numerous challenges to his convictions and sentences. The defendant claims that the evidence is insufficient to support his convictions. However, his argument is based on alleged inconsistencies in the evidence, and conflicts in the evidence provide no basis for reversing a defendant’s convictions. The defendant claims that the trial court erred by admitting the testimony of a police officer concerning statements that the defendant made to his wife in the officer’s presence because these statements were protected by the martial privilege. However, we conclude that the statements were not privileged because the defendant had no reasonable expectation that they would remain confidential. The defendant claims that these same statements should also have been excluded because the officer did not give the defendant his Miranda warnings. However, this claim must fail because the defendant was neither in custody nor being interrogated by the police at the time the statements were made. The defendant claims that the trial court erred by admitting an exhibit containing a nurse’s handwritten notes repeating certain statements made by the victim concerning the cause of her injuries,because these statements were inadmissible under the hearsay rule. However, the trial court properly admitted the statements under the excited utterance exception to that rule. The defendant claims that the trial court erred by giving a pattern rape instruction that included references to “fellatio” and “cunnilingus” because there was no evidence presented at trial establishing that the defendant had committed either act. However, we conclude that the instruction at issue fully and accurately stated the law. The defendant argues that the trial court improperly admitted certain exhibits because no chain of custody had been established, but this argument has been waived. The defendant challenges his ten-year effective sentence as excessive, but after thorough review we can discern no error in the defendant’s sentencing. Finally, the defendant claims that the 2005 Sentencing Act is unconstitutional under Blakely v. Washington, 542 U.S. 296, 302 (2005), but we conclude that binding precedent firmly establishes that the 2005 Sentencing Act complies with Blakely. Consequently, we affirm the judgments of the trial court. |
Sequatchie | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Wade Osborne
Appellant,JeffreyOsborne,was convicted by a Williamson County jury of burglary and theft of property valued up to $500. Appellant’s sole argument on appeal is that the evidence presented at trial was insufficient to support his conviction of burglary because it failed to establish that Appellant lacked effective consent to enter the building that was the basis of the burglary charge. After a thorough review of the record on appeal, we find that a rational trier of fact could conclude that Appellant lacked effective consent. Therefore, we affirm the judgments of the trial court. |
Williamson | Court of Criminal Appeals | |
In the Matter of Robert B.
This appeal concerns the termination of a father’s parental rights with respect to his son. The father was incarcerated for sexually abusing his stepdaughters, the son’s half sisters, while all resided in the same home. The trial court also found that the father had physically abused the son. The trial court found that all of this conduct constituted severe abuse pursuant to Tennessee Code Annotated §§ 36-1-113(g)(4) and 37-1-102(b)(23)(C). It found that termination of the father’s parental rights was in the son’s best interest. The trial court entered an order terminating the father’s parental rights; the order was entered over thirty days after the termination hearing. The father appeals the tardiness of the termination order and the best interest finding. We affirm. |
Benton | Court of Appeals | |
State of Tennessee v. Joshua A. Randolph
Appellant, Joshua A. Randolph, was indicted by the Sumner County Grand Jury in March of 2010 for aggravated assault and domestic assault after an altercation took place at the home occupied by his estranged wife and children. Appellant was convicted by a jury of the lesser included offense of assault. He was acquitted of domestic assault. The trial court sentenced Appellant to eleven months and twenty-nine days of probation. After the denial of a motion for new trial, Appellant filed a notice of appeal. On appeal he insists that the trial court erred by failing to instruct the jury on self-defense. After a review of the record, we conclude, as the State concedes, that the trial court did err in failing to instruct the jury on self-defense where the evidence fairly raised a contested issue of fact, i.e., whether Appellant was in the home with consent of the lawful resident when the altercation took place, and therefore entitled to raise self-defense because he claimed he was attacked. As a result, the jury instructions failed to inform the jury of the applicable law. Consequently, Appellant’s conviction is reversed and remanded for a new trial. |
Sumner | Court of Criminal Appeals | |
Rosheay Ragland and wife, Theresa Ragland v. Oakland Deposit Bank
This appeal involves the foreclosure of real property owned by the Appellants. The Appellants filed a request for a temporary and permanent injunction, alleging that the Appellee bank that held the mortgage on the property had violated the Appellants’ rights. After the Appellants testified at the temporary injunction hearing, the Bank moved for involuntary dismissal and the trial court dismissed the case. Both parties filed post-trial motions regarding possession of the subject property. The appellate record contains no record that either of these motions was adjudicated by the trial court. Accordingly, the judgment of the trial court is not final, and this Court lacks subject matter jurisdiction over this appeal. Dismissed and remanded. |
Shelby | Court of Appeals | |
Depot Property, LLC and Terry C. Cox v. Town of Arlington, Tennessee
This appeal concerns the requirements for a petition for certiorari. This case is on remand from the Tennessee Supreme Court for reconsideration in light of Board of Professional Responsibility v. Cawood, 330 S.W.3d 608 (Tenn. 2010). After reviewing the petition for certiorari in light of the requirements set forth in Cawood, we find that the trial court was without subject matter jurisdiction to hear this case. Therefore, we vacate the trial court’s decision and dismiss the case. |
Shelby | Court of Appeals | |
State of Tennessee v. Wesley Trent Reaves
A Wayne County jury convicted Appellant, Wesley Trent Reaves, of theft of property worth more than $1,000 but less than $10,000. The trial court sentenced Appellant to eight years as a Range II, multiple offender. On appeal, Appellant argues that the evidence was insufficient to support his conviction because the State’s witnesses were mistaken or lied during their testimonyat trial and that the trial court erred in imposing an eight-year sentence because it failed to apply a mitigating factor. We conclude that the evidence was sufficient to support the conviction and that the trier of fact is the sole arbiter of the credibility of the witnesses. We also determine that although the trial court erred in failing to apply the mitigating factor in question, Appellant’s criminal history more than supports the imposition of an eight-year sentence. Therefore, we affirm the judgment of the trial court. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Monroe James Dodson, Jr.
Appellant, Monroe James Dodson, Jr. and his co-defendants were indicted by the Davidson County Grand Jury for three counts of aggravated rape, two counts of especially aggravated kidnapping, two counts of aggravated robbery, one count of aggravated burglary, and one count of possession of a weapon during the commission of a felony. Appellant pled guilty to one count of aggravated rape, two counts of especially aggravated kidnapping, two counts of aggravated robbery, one count of aggravated burglary, and one count of employing a weapon during a felony with prior convictions. The trial court held a separate sentencing hearing and sentenced Appellant to an effective sentence of eighty-two years. Appellant appeals both the length of his sentences and the imposition of consecutive sentences. After a review of the record on appeal, we have determined that the enhancement factors used by the trial court were supported by the record and that, therefore, the length of the sentences is affirmed. We also conclude that the record on appeal supports the trial court’s conclusion that Appellant is a dangerous offender and that consecutive sentences are warranted in his case. For these reasons, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
John P. Bilby v. Tennessee Board of Probation and Parole, et al.
A prisoner filed a pro se petition for writ of certiorari, which the trial court dismissed sua sponte for failure to prosecute due to the prisoner’s failure to file the necessary summonses. The prisoner appeals. We affirm. |
Davidson | Court of Appeals | |
In Re: Michael B.Q.
This is a termination of parental rights case. Father/Appellant appeals the trial court's termination of his parental rights to the minor child at issue. By clear and convincing evidence, the trial court found two grounds for termination of Father’s parental rights: (1) abandonment by an incarcerated parent, and (2) prison sentence of more than ten years, imposed when the child was under the age of eight. The trial court also found, by clear and convincing evidence, that termination of Father’s parental rights was in the child’s best interest. Discerning no error, we affirm. |
Anderson | Court of Appeals | |
State of Tennessee v. Shirea Barber
The Defendant, Shirea Barber, was convicted by a Shelby County Criminal Court jury of driving under the influence, a Class A misdemeanor. See T.C.A. § 55-10-401 (2010). The trial court sentenced the Defendant to eleven months and twenty-nine days, with ten days’ confinement and the remainder on probation. On appeal, the Defendant contends that the evidence is insufficient to support her conviction. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Mario Bateman v. State of Tennessee
The Petitioner, Mario Bateman, appeals from the Shelby County Criminal Court’s denial of post-conviction relief from his conviction for first degree murder and resulting life sentence. On appeal, the Petitioner contends that he did not receive the effective assistance of counsel. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Janice Gates
The Defendant, Janice Gates, pled guilty to two counts of vehicular homicide, a Class C felony. The trial court sentenced the Defendant as a Range I, standard offender, to a concurrent sentence of six years for each conviction and ordered her to serve eighteen months in confinement before being released on probation for the remainder of the sentence. On appeal, the Defendant argues that the trial court erred by denying a sentence of full probation. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Leonard Miller
The Defendant, Leonard Miller, appeals the Madison County Circuit Court’s order revoking his probation for aggravated burglary and theft of property valued at $1000 or more but less than $10,000 and ordering the remainder of his ten-year sentence into execution. We affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Robert Mears v. Kendra M. Williams, et al.
This appeal focuses on State Farm’s ability to claim an offset of uninsured motorist coverage for workers’ compensation benefits paid to its insured. The trial court construed the case of State Farm Insurance Company v. Schubert, et al., No. E2000-02054-COA-R3-CV, 2001 WL 584206 (Tenn. Ct. App. May, 31, 2001) so as to preclude offset. We reverse and we remand for further proceedings consistent with this opinion. |
Shelby | Court of Appeals | |
Amber D. Brewster v. Nicholas Galloway
This appeal arises out of a custody dispute over Amber D. Brewster and Nicholas Galloway’s minor child. When presented with a petition to establish paternity and set child support, Nicholas Galloway acknowledged paternity but filed a petition to be named the primary residential parent. The trial court denied Nicholas Galloway’s petition, designated Amber D. Brewster as the primary residential parent, and granted Nicholas Galloway co-parenting time. We affirm the decision of the trial court. |
Anderson | Court of Appeals | |
Amber D. Brewster v. Nicholas Galloway - Concurring
I concur in the result reached by the majority and, with one caveat, its rationale in reaching that result. While I agree with the majority that “[t]he record before this [C]ourt does not reflect that Father ever raised an issue regarding Mother’s ability to recover attorney fees because she was never his spouse,” I disagree with the majority’s holding, in dicta, that Tenn. Code Ann. § 36-5-103(c)(2010) supports such an award. |
Anderson | Court of Appeals | |
State of Tennessee v. Dewayne Collier aka Patrick Collier
Following a Shelby County jury trial, the Defendant, DeWayne Collier, was convicted of aggravated statutory rape. At the time of the crime, the Defendant was forty-two years old and the victim was fourteen years old. The trial court sentenced the Defendant to four years as a Range II, multiple offender. On appeal, the Defendant argues that the trial court erred in denying his motion for judgment of acquittal and that the evidence was insufficient to support his conviction because the fourteen-year-old victim was an accomplice and there was not sufficient corroborating evidence. After a thorough review of the record on appeal, we conclude that the victim is legally an accomplice regardless of the fact that she cannot be indicted for her own statutory rape. However, we also determine that there is additional evidence to adequately corroborate her testimony. Therefore, we conclude that the evidence is sufficient to support the Defendant’s conviction. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Smith County Planning Commission v. Carver Trucking, Inc.
This appeal involves a contempt finding against a closely-held corporation. The defendant closely-held corporation owned real property located on a highway. The trial court held that the corporation had violated zoning ordinances by maintaining and operating a trucking terminal and salvage yard in an unauthorized area. The trial court enjoined the corporation from maintaining a trucking terminal at this location and directed the corporation to remove junk from the property. The corporation then leased the property to a business associate who continued to operate a trucking terminal on the property and failed to remove the junk. A contemptpetition wasfiled againstthe defendantcorporation. The trialcourtdetermined that the defendant corporation had violated the injunction and was in contempt of court. The defendant corporation now appeals, arguing that the corporation cannot be held in contempt for the actions of the tenant on the property. We affirm. |
Smith | Court of Appeals | |
Willie Perry Jr. v. State of Tennessee
The petitioner, Willie Perry, Jr., pled guilty to two counts of theft of property valued $1,000 or more but less than $10,000, each a Class D felony, and was sentenced to serve, in prison, two twelve-year sentences to run concurrently with each other. The petitioner brought this post-conviction petition, seeking relief on the basis that his trial counsel failed to investigate and advise him regarding the possibility that the property was valued at less than $1,000. The post-conviction trial court denied the claim, and the petitioner appeals the denial of relief and the trial court’s refusal to admit certain evidence regarding the property’s value. After a thorough review of the record, we affirm. |
Madison | Court of Criminal Appeals | |
Willie Perry Jr. v. State of Tennessee - Concurring
I concur in the results reached in the majority opinion. Indeed, I join in the majority opinion on all but one issue. I write separately to address the issue of the appropriate standard of review by this Court on hearsay evidentiary issues. The majority applies an abuse of discretion standard of review to the hearsay issue in this case. |
Madison | Court of Criminal Appeals | |
Quinton Albert Cage v. David Sexton, Warden
The Petitioner, Quinton Albert Cage, filed a petition for a writ of habeas corpus, alleging that his convictions and sentences were illegal because the United States Constitution did not authorize the Tennessee Legislature to create criminal statutes. Upon motion by the State, the habeas court dismissed the petition without an evidentiary hearing, finding that the Petitioner failed to demonstrate that his judgments were facially void and noting that nothing on the face of the judgments indicated that the underlying sentences were invalid. Following our review of the record and applicable authorities, we affirm the summary dismissal by the habeas court. |
Johnson | Court of Criminal Appeals | |
Bobby MacBryan Green v. Jodi Jones, et al.
A neighborhood association president, fearing that members conspired to improperly oust him at an upcoming meeting, filed suit, requesting declaratory relief regarding the proper procedure for removal of a president. Prior to a hearing, the members voted to remove him from office and filed a motion to dismiss, alleging that the complaint failed to state a claim upon which relief could be granted. The court dismissed the complaint and denied a subsequent motion to alter or amend its judgment. The president appeals. We affirm. |
Washington | Court of Appeals | |
Terry Lewis v. State of Tennessee
The pro se petitioner, Terry Lewis, appeals the Davidson County Criminal Court’s summary dismissal of his petition for writ of error coram nobis attacking his convictions for first degree murder and attempted robbery. Petitioner claims that a report indicating that authorities performed a fingerprint analysis on a shell casing found near petitioner’s apartment is new evidence. Following our review of the record, the parties’ briefs, and the applicable law, we affirm the judgment of the coram nobis court. |
Davidson | Court of Criminal Appeals |