State of Tennessee v. Ronnie Wayne Blair
A Williamson County jury convicted the Defendant, Ronnie Wayne Blair, of Driving Under the Influence (“DUI”), first offense. The trial court sentenced him to eleven months and twenty-nine days, all of which was suspended after the service of four days. On appeal, the Defendant contends that the trial court improperly limited his cross-examination of the arresting officer by preventing use of the National Highway Traffic Safety Administration (“NHTSA”) manual and that the trial court improperly commented on the evidence. The State counters that this appeal should be dismissed because the Defendant failed to timely file his notice of appeal. After a thorough review of the record and applicable law, we conclude that the interests of justice require waiver of the Defendant’s untimely filing of his notice of appeal. However, upon our consideration of the merits of the Defendant’s issues, we conclude the Defendant is not entitled to relief. The judgment of the trial court is, therefore, affirmed. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Stephano L. Weilacker
Appellant, Stephano L. Weilacker, was indicted by the Montgomery County Grand Jury for aggravated robbery and especially aggravated kidnapping for his role in the robbery of Triangle Kwik Stop in Montgomery County, Tennessee. At the conclusion of a jury trial, Appellant was found guilty of both offenses. Appellant was sentenced by the trial court to ten years for aggravated robbery and twenty years for especially aggravated kidnapping, to be served concurrently. The sentences were ordered to be served consecutively to an elevenyear sentence for aggravated robbery in another case. Appellant filed a motion for extension of time in which to file a motion for new trial more than thirty days after the entry of the judgments. The trial court granted the motion. Appellant filed a motion for new trial. After a hearing, the trial court denied the motion. On appeal, Appellant argues that the evidence was insufficient to support the convictions; that the trial court failed to properly charge the jury with lesser included offenses; and that the trial court improperly ordered consecutive sentencing. After a review of the record as a whole, we determine that the trial court improperly ruled on an untimely motion for new trial. Therefore, Appellant has waived all issues on appeal with the exception of sufficiency of the evidence, sentencing, and issues that would result in the dismissal of the prosecution. Because the evidence was sufficient to support the convictions and the trial court properly sentenced Appellant, the judgments of the trial court are affirmed. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Benjamin Randolph Hubard
The Defendant, Benjamin Randolph Hubard, pled guilty to driving under the influence (DUI), first offense, a Class A misdemeanor, and violation of the implied consent law. The trial court merged the convictions and sentenced the Defendant to 11 months and 29 days with 100 percent service of his sentence. The trial court also ordered the Defendant to pay a $350 fine, complete DUI school, and to perform 24 hours of community service in the form of litter removal. In this appeal as of right, the Defendant contends (1) that the trial court erred in setting the length of his sentence and (2) that the trial court erred in ordering the additional penalties. Following our review, we conclude that the trial court erred in ordering the Defendant to complete DUI school and to perform 24 hours of community service. The judgment of the trial court is affirmed in part and reversed in part. The case is remanded. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Dennis Neil Bizzoco
The appellant, Dennis Neil Bizzoco, pled guilty to vehicular homicide by intoxication, reckless homicide, vehicular assault, and driving under the influence (DUI). He received a total effective sentence of eight years in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court’s denial of his request for alternative sentencing and the denial of his Tennessee Rule of Criminal Procedure 35 motion. Additionally, the appellant argues that his convictions for DUI, vehicular homicide by intoxication, and vehicular assault violate double jeopardy. We conclude that the appellant’s double jeopardy claim has merit; therefore, we vacate his conviction for DUI. However, we affirm the appellant’s remaining convictions and sentences. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Dawn Davidson
A Chester County jury convicted the defendant, Dawn Kathleen Davidson, of attempted first degree murder, a Class A felony, and the trial court sentenced her as a Range I, standard offender to twenty-three years in the Tennessee Department of Correction. On appeal, the defendant claims that (1) the trial court erred by denying her motion for a bill of particulars; (2) the trial court erred by preventing her attorney from fully cross-examining the state’s witnesses; and (3) her sentence was excessive because the trial court incorrectly applied an enhancement factor and erroneously failed to apply any mitigation factors. Following our review, we conclude that the defendant waived all issues other than sentencing. Finding no reversible error, we affirm the judgment of the trial court. |
Chester | Court of Criminal Appeals | |
Larry J. Noel v. State of Tennessee
The petitioner, Larry J. Noel, appeals the denial of his petition for post-conviction relief, raising the following four issues on appeal: (1) whether his pretrial transfer of custody to the Department of Correction subjected him to double jeopardy and violated his due process rights; (2) whether he was incompetent to stand trial due to a stroke he suffered less than a month prior to trial; (3) whether he was denied the effective assistance of counsel at trial and on appeal; and (4) whether the post-conviction court erred by denying his motion for a continuance due to the unavailability of witnesses. Following our review, we affirm the denial of the petition for post-conviction relief. |
Lauderdale | Court of Criminal Appeals | |
Mancel Seals v. Lear Corporation
This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference. Whereupon, it appeals to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and It is, therefore, ordered that the Panel's findings of fact and conclusions of law are adopted and affirmed, and the decision of the Panel is made the judgment of the Court. Costs of this appeal are adjudged against the Employer, Lear Corporation, and its sureties, for which execution may issue if necessary. |
Hamblen | Workers Compensation Panel | |
Blake Michelle Bodle (Rooks) v. John Virgle Bodle
The mother has filed a notice of appeal challenging the trial court’s decision regarding the father’s child support obligation. Because the mother did not file her notice of appeal within the time permitted by Tenn. R. App. P. 4, we dismiss the appeal. |
Rutherford | Court of Appeals | |
Jamie Randolph, on behalf of her deceased mother, Carolyn Randolph v. Gianfranco Meduri, M.D., et al.
This appeal arises out of an action to hold UT Medical Group, Inc. vicariously liable for the alleged negligence of its employees. In 1997, the original plaintiff filed an amended complaint for medical malpractice and wrongful death which specifically named two doctors as employees of the defendant who negligently caused the death of a patient. As trial approached, a substitute plaintiff attempted to add new allegations concerning the negligence of a third doctor. The trial court denied the motion to amend and later granted a motion in limine to exclude evidence concerning the alleged negligence of the third doctor as beyond the scope of the 1997 amended complaint. The plaintiff consequently was unable to offer expert testimony at trial to prove an employee of the defendant negligently caused the patient’s death, and the trial court granted judgment in favor of the defendant. We affirm. |
Shelby | Court of Appeals | |
Patrick Riley v. Daron Hall, Sheriff
This is an appeal from a judgment dismissing an inmate’s petition for writ of certiorari challenging a disciplinary decision. Because the appellant did not file his notice of appeal within the time permitted by Tenn. R. App. P. 4, we dismiss the appeal. |
Davidson | Court of Appeals | |
Nesha Newsome v. State of Tennessee
The Petitioner, Nesha Newsome1, filed in the Shelby County Criminal Court a petition for post-conviction relief from her convictions for especially aggravated kidnapping, aggravated kidnapping, aggravated robbery, and robbery. The Petitioner contended that her trial counsel were ineffective by failing to object to the trial court’s definition of “aiding” in response to the jury’s question regarding the criminal responsibility jury instruction, failing to argue that her convictions violated due process, and failing to have the Petitioner undergo a pretrial mental evaluation. The post-conviction court denied the petition, and the Petitioner now appeals. In addition to the foregoing issues, the Petitioner also asserts that the supreme court’s denial of funding for a forensic psychologist violated her federal and state due process rights. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Issac Scott v. State of Tennessee
The petitioner, Issac Scott, appeals the post-conviction court’s denying his petition for postconviction relief from his conviction for first degree premeditated murder and resulting life sentence. On appeal, he contends that he received the ineffective assistance of trial counsel and that the post-conviction court’s denial of funding for him to hire a forensic pathologist violated his constitutional rights. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Raymond E. McNeil v. State of Tennessee
Following a jury trial, the Petitioner, Raymond E. McNeil, was convicted of Class D felony evading arrest and driving on a revoked license, a Class B misdemeanor. See Tenn. Code Ann. §§ 39-16-603(b)(3), 55-50-504(a)(1). This Court affirmed his convictions on direct appeal. See State v. Raymond McNeil, No. M2007-01566-CCA-R3-CD, 2008 WL 4170330 (Tenn. Crim. App., Nashville, Sept. 10, 2008), perm. to appeal denied, (Tenn. Feb. 17, 2009). The Petitioner filed a timely petition for post-conviction relief. Following an evidentiary hearing, the post-conviction court denied relief. In this appeal, the Petitioner raises the following issues for review: (1) Trial Counsel was ineffective for putting a police officer’s unredacted incident report on the overhead projector; (2) Trial Counsel was ineffective for acquiescing in the admission of the incident report into evidence; and (3) The trial court erred when it allowed the entire incident report into evidence. After our review, we affirm the post-conviction court’s denial of relief. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Juan Manuel Coronado, II
Upon finding a violation of probation, the trial court revoked the probationary sentence the appellant, Juan Manuel Coronado, II, was serving for a rape conviction and ordered him to serve his original eight-year sentence in the Tennessee Department of Correction. On appeal, the appellant contends that the trial court erred in revoking his probation and in ordering him to serve his sentence in confinement. Upon review, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
Charles Justin Wright, by next friend and Mother, Karen Pryor v. City of Lebanon, Tennessee
In a Governmental Tort Liability Act (“GTLA”) action, the City of Lebanon appeals the trial court’s decision to hold it liable for an accident that occurred on a swing in a city park. The City asserts that the court erred in failing to find that the swing was in a dangerous or defective condition or that the City had notice of such a condition. Additionally, the City insists that any defective condition was latent and governmental immunity was therefore not removed under the GTLA. The City also challenges the trial court’s denial of its motion for involuntary dismissal, its characterization of the case as “hybrid” in nature, its reliance on the doctrine of res ipsa loquitur in establishing negligence, and its admission of the plaintiff’s expert testimony. We conclude that the swing was in a dangerous or defective condition, which was not latent, and that the City had constructive notice of that condition. We find against the City on its remaining issues. |
Wilson | Court of Appeals | |
Robert H. Goodall, Jr. v. William B. Akers
Buyer of real property brought suit against seller for intentional misrepresentation, fraudulent misrepresentation, breach of contract, and breach of express warranty. The trial court determined that the buyer’s reliance upon the seller’s representations was reasonable. On appeal, the seller argues that the evidence does not support the trial court’s decision and that the trial court erred in excluding expert testimony offered by the seller. Because we have determined that the trial court erred in excluding the expert testimony in question, we reverse and remand. |
Sumner | Court of Appeals | |
Robert H. Goodall, Jr. v. William B. Akers - Dissenting
Unlike the majority, I do not believe the trial court abused its discretion by prohibiting Mr. Akers’ two expert witnesses from giving their opinions on whether Mr. Goodall’s reliance on Mr. Akers’ representations was reasonable. Furthermore, even if the exclusion of this testimony was error, I find it to be harmless error. Therefore, I respectfully dissent. |
Sumner | Court of Appeals | |
Raymond E. McNeil v. State of Tennessee
Following a jury trial, the Petitioner, Raymond E. McNeil, was convicted of Class D felony evading arrest and driving on a revoked license, a Class B misdemeanor. See Tenn. Code Ann. §§ 39-16-603(b)(3), 55-50-504(a)(1). This Court affirmed his convictions on direct appeal. See State v. Raymond McNeil, No. M2007-01566-CCA-R3-CD, 2008 WL 4170330 (Tenn. Crim. App., Nashville, Sept. 10, 2008), perm. to appeal denied, (Tenn. Feb. 17, 2009). The Petitioner filed a timely petition for post-conviction relief. Following an evidentiary hearing, the post-conviction court denied relief. In this appeal, the Petitioner raises the following issues for review: (1) Trial Counsel was ineffective for putting a police officer’s unredacted incident report on the overhead projector; (2) Trial Counsel was ineffective for acquiescing in the admission of the incident report into evidence; and (3) The trial court erred when it allowed the entire incident report into evidence. After our review, we affirm the post-conviction court’s denial of relief. |
Williamson | Court of Criminal Appeals | |
Shakir Adams v. State of Tennessee
The petitioner, Shakir Adams, appeals the denial of his petition for post-conviction relief from his first degree premeditated murder conviction, arguing that he received the ineffective assistance of counsel. Following our review, we affirm the post-conviction court’s denial of the petition. |
Shelby | Court of Criminal Appeals | |
Torian Dillard v. State of Tennessee
The petitioner, Torian Dillard, appeals the post-conviction court’s dismissal of his petition for post-conviction relief for failure to prosecute, arguing that the court abused its discretion by not appointing new counsel after the petitioner’s appointed counsel was allowed to withdraw and by requiring the petitioner to proceed with his petition pro se. Following our review, we affirm the post-conviction court’s dismissal of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Travis King
The defendant, Travis King, was convicted of aggravated robbery, a Class B felony, and sentenced as a Range I, standard offender to ten years in the Department of Correction. On appeal, he argues that the evidence was insufficient to support his conviction. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joe McKnight
The defendant, Joe McKnight, was convicted by a Shelby County Criminal Court jury of aggravated robbery, a Class B felony, and sentenced to ten years as a Range I offender in the Department of Correction. On appeal, he argues that (1) the trial court erred in allowing the State to question defense witness, Dr. Joseph Angelillo, about the defendant’s prior criminal history; (2) the trial court erred in allowing the State to lead its witness, Stanley Johnson; (3) the trial court erred in admitting co-defendant Stanley Johnson’s statement to authorities into evidence; and (4) the evidence was insufficient to sustain his conviction. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Dean G. Hafeman v. Protein Discovery, Inc., a Tennessee Corporation
This is a breach of employment contract action filed by Dean G. Hafemen (“the Employee”) against Protein Discovery, Inc., a Tennessee corporation (“the Employer” or “the Company”) after the Employer terminated the Employee’s employment before the expiration of the term of his “Amended and Restated Employment Agreement” (“the Agreement”). The complaint alleges that the Employee is entitled to certain severance benefits provided for in the Agreement for any termination that does not qualify as a “Termination For Cause” as defined in the Agreement. After a bench trial, the court found that the termination was for cause and entered judgment in favor of the Employer. The Employee appeals. We reverse. |
Knox | Court of Appeals | |
In Re Nirvanna S.
This is a dependent and neglected case concerning Nirvanna S. (“the Child”), the minor child of Heather S. (“Mother”) and Mark S. (“Father”). Following the death of the Child’s infant sister, the Department of Children’s Services (“DCS”) filed a petition in juvenile court alleging that, in the care of Mother and Father, the Child was dependent, neglected and severely abused. The juvenile court held an adjudicatory hearing and determined that the Child was dependent and neglected – but not severely abused – by her parents. The juvenile court awarded temporary custody of the Child to DCS and charged the department with undertaking reasonable efforts toward reunifying the Child with Mother and Father. DCS appealed the order to the trial court. Following a bench trial, the court found that both parents had committed severe abuse against the Child’s sister pursuant to Tenn. Code Ann. § 37-1-102(b)(23)(A) and that the Child was dependent and neglected and “severely abused” within the meaning of the law. The court ordered DCS to retain custody of the Child; it relieved DCS of its obligation to work toward reunifying the Child with Mother and Father. Mother appeals. Following our review, we modify that part of the trial court’s opinion finding that the Child was “severely abused.” In all other respects, the judgment is affirmed. |
Sullivan | Court of Appeals | |
In Re: Skyler J. H.
The father of a young child born out of wedlock petitioned the juvenile court to be awarded custody of the child. The mother responded by asking the court to award custody to her. After many delays, the juvenile court referee conducted a lengthy hearing and granted the father’s petition, holding that although it was a close question, it was in the child’s best interest for the father to exercise custody. The mother appealed to the Juvenile Court Judge, who reached the same conclusion after another hearing. The mother now appeals to this court, contending that custody should have been awarded to her for several reasons, including the operation of the tender years doctrine. We affirm the trial court. |
Davidson | Court of Appeals |