Kerry Chearis v. State of Tennessee
The petitioner, Kerry Chearis, appeals the summary dismissal of his petition for writ of habeas corpus, alleging that his convictions are void. Discerning no error, we affirm. |
Fayette | Court of Criminal Appeals | |
Michael Tyrone Gordon v. State of Tennessee
Petitioner, Michael Tyrone Gordon, has appealed from the trial court’s dismissal of the pleading he designated as a “Motion to Correct Illegal Sentence,” and which the trial court treated as a petition for writ of habeas corpus. The State has filed a motion for this Court to affirm the judgment by Memorandum Opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee. Upon review of Petitioner’s brief, the State’s motion and the entire record, we grant the State’s motion and affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Carl J. Wagner
A Davidson County Criminal Court jury convicted the defendant, Carl J. Wagner, of second degree murder, see T.C.A. § 39-13-210 (2006); first degree murder committed in the perpetration of an aggravated robbery, see id. § 39-13-202(a)(2); and especially aggravated robbery, see id. § 39-13-403. The trial court imposed concurrent sentences of 22 years’ incarceration, life imprisonment, and 22 years’ incarceration, respectively, and merged the conviction of second degree murder into the conviction of first degree murder. On appeal, the defendant challenges the sufficiency of the evidence to support his convictions. We determine that there is insufficient evidence to support the defendant’s convictions of first degree murder committed in the perpetration of an aggravated robbery and especially aggravated robbery. We also determine, however, that there is sufficient evidence to support the defendant’s conviction of second degree murder. Accordingly, we affirm the defendant’s conviction in count one and remand that count for resentencing, and we reverse and dismiss the charges in counts two and three. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Gregory D. Douglas
A Madison County jury convicted the defendant, Gregory D. Douglas, of second degree murder, a Class A felony. The trial court sentenced him as a Range I, violent offender to twenty-five years in the Tennessee Department of Correction. On appeal, the defendant argues that the evidence was insufficient to support his conviction and that his sentence was excessive. Following our review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Stanley Butler
A Shelby County Criminal Court jury convicted the defendant, Stanley Butler, of three counts of aggravated assault, see T.C.A. § 39-13-102(a)(1)(B)(2006), for which he received a total effective sentence of five years to be served on split confinement consisting of 12 months’ confinement in the local workhouse followed by probation. On appeal, the defendant contends that the evidence is insufficient to support his conviction for aggravated assault only in count two. Discerning no infirmity in the evidence, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. William Lamont Green
A Davidson County Criminal Court jury convicted the defendant, William Lamont Green, of second degree murder, and the trial court imposed a sentence of 23 years’ incarceration. In this appeal, the defendant challenges the sufficiency of the convicting evidence. Finding no deficiency in the proof, we affirm. |
Davidson | Court of Criminal Appeals | |
William Bryant v. State of Tennessee
Much aggrieved of his convictions by a Obion County Circuit Court jury of three counts of rape of a child, the petitioner, William Bryant, filed a timely pro se petition for post-conviction relief alleging his convictions resulted from an unconstitutional jury and the ineffective assistance of counsel. Following the appointment of counsel, amendment to the petition, and a full evidentiary hearing, the post-conviction court ruled that the petitionerfailed to prove his allegations by clear and convincing evidence and denied relief. Discerning no error, we affirm the order of the post-conviction court. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. William Keith Blackburn
A Lawrence County Circuit Court Jury convicted the appellant, William Keith Blackburn, of first degree premeditated murder and especially aggravated robbery. The trial court imposed an effective life sentence. On appeal, the appellant raises the following issues for review: 1. Whether the evidence is sufficient to support the appellant’s convictions; 2. Whether the trial court erred in refusing to grant a mistrial after a detective testified that the appellant exercised his right to remain silent and refused to give police a statement; 3. Whether the trial court erred in admitting, or in the alternative not redacting, an audio tape recording of telephone calls the appellant made while in jail; 4. Whether the trial court erred by instructing the jury on flight and attempting to conceal or suppress evidence; 5. Whether the court reporter’s failure to provide a complete transcript denied the appellant a full and complete appellate review; and 6. Whether the cumulative errors require a new trial. Upon review, we affirm the judgments of the trial court. |
Lawrence | Court of Criminal Appeals | |
Leonora Washington v. Gale Vogel, Ph.D., et al.
Teacher who received a reprimand brought this action to challenge the actions of school officials and the school board. She argues that the school failed to provide due process to her and defamed her. The trial court found in favor of the defendants, and we affirm. |
Rutherford | Court of Appeals | |
State of Tennessee, et a. v. Centurion Industria e Comercio de Cigarros, L.T.D. A., et al. and Tantus Tobacco, L.L.C. v. State of Tennesse, et al.
This is an appeal from the trial court's grant of summary judgment to the Appellee. After reviewing the record, we conclude that the order granting summary judgment fails to comply with Tennessee Rule of Civil Procedure 56.04, as it does not “state the legal grounds upon which the court denies or grants the motion.” Consequently, this Court cannot proceed with our review and must vacate the judgment of the trial court. Vacated and remanded. |
Davidson | Court of Appeals | |
Knox County ex rel. Environmental Termite & Pest Control, Inc. v. Arrow Exterminators, Inc. et al.
This appeal involves a claim under Tennessee’s False Claims Act. A local vendor of termite control services became suspicious that two of its competitors had overbilled Knox County for termite control services provided to Knox County’s public schools. After confirming its suspicions by obtaining and reviewing public records and by hiring an attorney and private investigator, the vendor presented a detailed report of its findings to county officials who were unaware that the overbilling had occurred. When the County delayed taking remedial action, the vendor filed a qui tam suit authorized by Tenn. Code Ann. § 4-18-104(c) (2005) in the Chancery Court for Knox County. The County joined the vendor’s lawsuit and eventually settled with both of the companies named as defendants in the vendor’s lawsuit. When the qui tam plaintiff sought a share of the County’s settlement with one of the defendants, the County asserted that the qui tam plaintiff was not eligible to receive any of the settlement proceeds. The trial court heard the matter without a jury and held that the qui tam plaintiff was an “original source” for the purpose of Tenn. Code Ann. § 4-18-104(d)(3)(A) and, therefore, was entitled to receive 28% of the settlement proceeds or $71,546.46. The Court of Appeals affirmed the trial court’s conclusion that the qui tam plaintiff was entitled to recover 28% of the value of the settlement proceeds but remanded the case for the purpose of redetermining the value of the settlement proceeds. In re Knox Cnty., Tenn. ex rel. Envtl. Termite & Pest Control, Inc., No. E2007-02827-COA-R3-CV, 2009 WL 2144478 (Tenn. Ct. App. July 20, 2009). The County filed a Tenn. R. App. P. 11 application on the sole issue of whether the qui tam plaintiff is eligible to recover a portion of the settlement proceeds. We affirm the decisions of both the trial court and the Court of Appeals that the qui tam plaintiff is an “original source” and, therefore, is eligible to receive a portion of the proceeds from the County’s settlement with one of the vendors. |
Knox | Supreme Court | |
Andre Baldwin v. State of Tennessee
The Petitioner, Andre Baldwin, appeals the Shelby County Criminal Court’s denial of post-conviction relief from his conviction for first degree murder, for which he is serving a life sentence. 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 | |
Derrick Sutton v. State of Tennessee
The Petitioner, Derrick Sutton, appeals as of right from the Shelby County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner was convicted of especially aggravated robbery and sentenced as a violent offender to 21 years in the Tennessee Department of Correction. The Petitioner contends that the trial court erred in failing to charge facilitation of especially aggravated robbery as a lesser-included offense and that the trial court erred in defining the term knowingly in response to a question from the jury. The Petitioner also challenges the performance of trial and appellate counsel. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Reginold Steed
A Madison County Circuit Court jury convicted the appellant, Reginold Steed, of aggravated assault, and the trial court imposed a sentence of four years and six months in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence underlying his conviction, the length of the sentence imposed by the trial court, and the trial court’s denial of judicial diversion and alternative sentencing. Upon review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Haweya-Surer Dahir v. Abdulrahim Muhammed Abshir
Former wife appeals the dismissal of an order of protection she had secured against her husband; the failure of trial court to hear her petition for annulment of the marriage; and the failure of trial court to state specifically the facts upon which the court’s finding of husband’s improper marital conduct was based. Finding no error, we affirm the trial court in all respects. |
Rutherford | Court of Appeals | |
State of Tennessee v. Paul Edward Corso, Jr.
The Defendant, Paul Edward Corso, Jr., was convicted by a Davidson County Criminal Court jury of felony murder; second degree murder, a Class A felony; aggravated robbery, a Class B felony; and theft of property over $10,000 but less than $60,000, a Class C felony. See T.C.A. §§ 39-13-202, 39-13-210, 39-13-402, 39-14-103 (2010). The trial court merged the convictions for felony murder and second degree murder and sentenced the Defendant to life for felony murder, to eight years’ incarceration for aggravated robbery, and to two years’ incarceration for theft, to be served concurrently. On appeal, he contends that the evidence was insufficient to support his convictions and that the trial court erred by denying his motion for a mistrial after the State asked his wife during cross-examination how often she visited the Defendant in jail. We affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
In Re: Allyn Hood d/b/a/ A-Hood Bonding Company
The appellant, Allyn Hood, is the owner of A-Hood Bonding Company and appeals the trial court’s denial of a motion to add his son, Daniel Hood, as a bail bond agent in the Second Judicial District. After our de novo review, we conclude that Daniel Hood meets all the statutory requirements to act as a bail bond agent. Therefore, the trial court’s decision to deny Daniel Hood’s application as a bail bond agent is reversed, and this case is remanded to the trial court with instructions to add Daniel Hood as a bail bond agent in the Second Judicial District. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. David A. Taylor
A Sevier County Circuit Court jury convicted the defendant, David A. Taylor, of aggravated rape of a child, see T.C.A. § 39-13-531(a) (2006), and the trial court imposed a sentence of 60 years’ incarceration to be served at 100 percent by operation of law, see id. § 40-35-501(i)(2)(L). In this appeal, the defendant challenges the trial court’s denial of the motion to suppress his pretrial statement to police, the admission of hearsay statements of the victim, the sufficiency of the convicting evidence, and the sentence imposed by the trial court. Discerning no error, we affirm. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. James Alfred Reed, Jr.
The Defendant, James Alfred Reed, Jr., was convicted by a Monroe County Criminal Court jury of the sale of one-half gram or more of cocaine within 1000 feet of a school, a Class A felony, and the sale of less than one-half gram of cocaine within 1000 feet of a school, a Class B felony. See T.C.A. §§ 39-17-417(a)-(b), -(i), 39-17-432(b) (2010). He was sentenced as a Range II, multiple offender to forty years’ confinement for the Class A felony and to a concurrent term of twenty years’ confinement for the Class B felony. On appeal, the Defendant contends that the trial court erred by (1) denying his motion for acquittal based on insufficiency of the evidence, (2) failing to instruct the jury on the lesser included offense of facilitation, (3) failing to instruct the jury on the missing witness rule, and (4) imposing the maximum length for each sentence. We affirm the judgments of the trial court. |
Monroe | Court of Criminal Appeals | |
State of Tennessee v. Rodney Porter
A Knox County Criminal Court jury convicted the defendant, Rodney Porter, of felony murder in the perpetration of aggravated child abuse, see T.C.A. § 39-13-202(a)(2) (2006), and aggravated child abuse, see id. § 39-15-402(a)(1). The trial court imposed an effective sentence of life plus 25 years’ incarceration. In this appeal, the defendant challenges the sufficiency of the convicting evidence and the sentence imposed for his aggravated child abuse conviction. Discerning no error, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Alonzo Thomas
The appellant, Alonzo Thomas, pled guilty to attempted aggravated sexual battery and was sentenced to four years and six months in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court’s denial of probation. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Harris and Eddie Harris
A Shelby County Criminal Court jury convicted the appellants, Michael Harris and Eddie Harris, of aggravated robbery, and the trial court sentenced them to nine years in confinement. On appeal, they contend that the evidence is insufficient to support their convictions. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Darryl J. Mayton v. Wackenhut Services, Inc.
Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation 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. The issue presented in this case is whether the employee’s request for a benefit review conference was filed more than one year after the employee had knowledge that his occupational disease was caused by his employment. The trial court ruled that the employee’s request was not timely and dismissed the case. After careful review, we hold that the evidence does not preponderate against the trial court’s finding that Employee had knowledge that his illness was related to his employment more than one year before the filing of his request for a benefit review conference. We affirm the judgment of the trial court. |
Roane | Workers Compensation Panel | |
Regency Construction LTD, Inc. et al. v. Kathy Leslie et al.
This dispute arises from an agreement to construct a duplex in a residential area. The issue in dispute pertains to the cost of change orders that were not reduced to writing as the construction contract required. To resolve the dispute amicably, the parties entered into an agreement titled “Settlement of Disputed Amount.” The defendant paid part of the agreed amount timely but failed to pay the balance of $23,000. This action followed. The trial court ruled in favor of the contractor for the balance owed pursuant to the agreement and applied an offset in favor of the defendant in the amount of $5,220.55. Defendant appealed. We affirm. |
Davidson | Court of Appeals | |
State of Tennessee v. Benjamin Wheeler Word
The petitioner, Benjamin Wheeler Word, pleaded guilty to underage consumption. The trial court sentenced him to serve eleven months and twenty-nine days in jail but suspended the petitioner’s sentence to probation. The petitioner filed a petition for post conviction relief, which the post-conviction court denied. The petitioner appeals the denial of post-conviction relief arguing that (1) his conviction is unconstitutional; (2) the conduct with which he was charged was not an offense; (3) his conviction is void because it denied him expungement of his record; and (4) his sentence violated the jurisdictional limits of the court. After a thorough review of the parties’ briefs, the record, and the applicable law, we reverse the judgment of the post-conviction court and grant post-conviction relief. |
Putnam | Court of Criminal Appeals |