State of Tennessee v. Steve Billman, Jr.
M2009-02169-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Jim T. Hamilton

The Defendant, Steve Billman, Jr., was convicted of driving under the influence (DUI), second offense, a Class A misdemeanor, and violation of the implied consent law, a Class C misdemeanor. Following a sentencing hearing, the trial court sentenced the Defendant for DUI, second offense, to 11 months and 29 days suspended to probation following the service of 60 days in the county jail. In this appeal as of right, the Defendant contends that (1) the evidence was insufficient to sustain his conviction for DUI and that (2) the trial court erred in denying the Defendant's motion for a mistrial. Following our review, we conclude that the trial court abused its discretion in declining to grant a mistrial. Therefore, we reverse the judgment of the trial court and remand the case for a new trial.

Wayne Court of Criminal Appeals

Jeremy Crosby v. State of Tennessee
M2009-00934-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Steve R. Dozier

The petitioner, Jeremy Crosby, appeals as of right the Davidson County Criminal Court's order denying his petition for post-conviction relief attacking his jury convictions of possession with the intent to sell .5 grams or more of cocaine and possession of drug paraphernalia. On appeal, he contends that appellate counsel committed ineffective assistance by failing to raise or effectively argue certain issues on direct appeal. Following our review, we affirm the order of the trial court.

Davidson Court of Criminal Appeals

Eric Davis v. State of Tennessee
M2009-01560-CCA-R3-PC
Authoring Judge: D. Kelly Thomas, Jr., J.
Trial Court Judge: Seth Norman, Judge
The Petitioner, Eric Davis, appeals as of right from the Davidson County Criminal Court's denial of his petition for post-conviction relief. The Petitioner pled guilty to possession with intent to sell 300 grams or more of cocaine, a Class A felony, and received a sentence of 15 years to be served consecutively to prior sentences. The Petitioner challenges the performance of trial counsel and the voluntariness of his guilty plea. Following our review, we affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

State of Tennessee v. Eddie Lattimore
M2008-02124-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge Leon C. Burns, Jr.

The Defendant, Eddie Lattimore, was found guilty by a Dekalb County Circuit Court jury of possession of schedule II hydromorphone with the intent to sell, a Class C felony; possession of schedule II morphine, a Class A misdemeanor; and possession of drug paraphernalia, a Class A misdemeanor. See T.C.A. __ 39-17-417(a)(4), -418(a), -425(a)(1) (2010). He was sentenced as a Range III, persistent offender to fourteen years' confinement for possession of hydromorphone with intent to sell and to eleven months, twenty-nine days' each for possession of morphine and possession of drug paraphernalia, all to be served concurrently. On appeal, he contends that the evidence was insufficient to support his convictions. We affirm the judgments of the trial court.

DeKalb Court of Criminal Appeals

Linda Blair v. State of Tennessee
W2010-00627-CCA-R3-PC
Authoring Judge: Judge J.C. McLin
Trial Court Judge: Judge Paula Skahan

The petitioner, Linda Blair, pled guilty to TennCare fraud, a Class E felony, in May 2007. She subsequently filed a petition for post-conviction relief, alleging that she entered the guilty plea unknowingly due to ineffective assistance of counsel. She now appeals the postconviction court's denial of relief. Following our review, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

Miko Burl v. James Fortner, Warden
W2009-02282-CCA-R3-HC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge W. Otis Higgs, Jr.

The pro se petitioner, Miko Burl, appeals the summary dismissal of his petition for writ of habeas corpus relief. On February 7, 2000, the petitioner was convicted of especially aggravated robbery, aggravated assault, and aggravated burglary, for which he was sentenced to thirty-three years in the Department of Correction. On appeal, he argues that his conviction for especially aggravated robbery is void because this court vacated his conviction for aggravated assault on direct appeal. After careful review, we conclude that the summary dismissal of the petition was proper, and we affirm the judgment from the habeas corpus court.

Shelby Court of Criminal Appeals

Sammie Maness and SKM Wood Products, LLC v. Joannie Collins, Mike Smith, Josh Smith, and SKM, LLC
W2008-00941-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Chancellor William C. Cole

This appeal involves an employment contract. The plaintiff employee owned a manufacturing business. He sold the business to the defendant new owners, and agreed to stay on as a management-level employee. To that end, the plaintiff entered into a three-year employment agreement with the company, and signed a non-competition agreement. After a few months, the company's new owners terminated the plaintiff employee on the basis that he had not fulfilled his job duties. The plaintiff filed this lawsuit against the company and the new owners, alleging breach of the employment agreement. After a bench trial, the trial court held that the company breached the employment agreement by terminating the plaintiff's employment without cause, finding that one of the new owners prevented the plaintiff from performing his job duties. However, the trial court declined to award damages to the plaintiff employee because the plaintiff did not seek other employment, and thus failed to mitigate his damages. Both parties appeal. We affirm the trial court's finding that the company breached the employment agreement, finding that one of the new owners prevented the plaintiff from performing his job duties, and therefore the plaintiff's failure to perform under the employment agreement was excused. We reverse the trial court's holding on mitigation of damages, finding that the defendant company and the new owners were required to prove the availability of suitable and comparable substitute employment, and failed to do so.

McNairy Court of Appeals

State of Tennessee v. Robert Lee Miller
E2008-01945-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Robert E. Cupp

The appellant, Robert Lee Miller, was found guilty of the first degree murder of the victim, Krystal Dubuque, during the perpetration of an aggravated rape, and he was sentenced to life imprisonment in the Tennessee Department of Correction. On appeal, the appellant argues (1.) that the trial court erred in admitting a videotaped interview of the appellant dressed in his prison uniform; (2.) that the trial court should have excluded the testimony of Rodney Perkins identifying the appellant as the person he saw near the victim's car; (3.) that the trial court erred in not granting a mistrial when the State disclosed that recent blood testing had revealed that blood in the victim's underwear was not that of the appellant; (4.) that the trial court erred in not granting the appellant's motion for a judgment of acquittal pursuant to Rule 29 of the Tennessee Rules of Criminal Procedure; (5.) that the trial court erred in permitting the introduction of prior act evidence regarding the appellant's dealings with other women and specifically regarding statements about his desire to be sexually involved with the victim; (6.) that the trial court erred in not suppressing all statements made by the appellant as they were obtained in violation of his right to counsel as secured by the Tennessee State Constitution Article I, Section 9 and Amendments Five and Six of the U.S. Constitution; and (7.) that the appellant's right to a speedy trial was violated. Upon review, we affirm the judgment of the trial court. However, we must remand to the trial court for entry of a corrected judgment of conviction to reflect the appellant's guilt of count one, felony murder, instead of count two, premeditated first degree murder.

Carter Court of Criminal Appeals

State of Tennessee v. Cecret C. Williams
M2009-01739-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Monte Watkins

The Defendant, Cecret C. Williams, was charged with one count of aggravated child abuse and one count of aggravated child neglect. Following a jury trial, she was convicted of both offenses; however, the trial court merged the two counts. In this direct appeal, the Defendant contends that: (1) the evidence was not sufficient to convict her on either count; (2) the trial court erred in failing to fulfill its duties as the thirteenth juror; and (3) the trial court erred in entering separate judgments and sentences for each of her convictions. After reviewing the record, we conclude that the trial court misconstrued its authority to grant a new trial under the thirteenth juror rule, Rule 33(d) of the Tennessee Rules of Criminal Procedure. We accordingly reverse and remand for a new trial.

Davidson Court of Criminal Appeals

State of Tennessee v. Derrick Lemon Goode
M2009-02259-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Robert Crigler

A Bedford County Circuit Court jury convicted the defendant, Derrick Lemon Goode, of one count of the sale of .5 grams or more of cocaine, see T.C.A. _ 39-17-417(a)(3) (2006), and one count of the delivery of .5 grams or more of cocaine, see id. _ 39-17-417(a)(2). The trial court merged the convictions and imposed a sentence of 12 years' incarceration. In this appeal, the defendant contends that the trial court erred by failing to excuse a juror for cause, that the trial court erred by denying his pretrial request for material pursuant to Rule 26.2 of the Tennessee Rules of Criminal Procedure, that the State withheld exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963), that the trial court erred by failing to give a limiting instruction regarding the jury's use of the defendant's prior convictions, and that the evidence was insufficient to support his convictions. Discerning no error, we affirm the judgment of the trial court.

Bedford Court of Criminal Appeals

Rodney Jeffries v. State of Tennessee
W2009-02188-CCA-R3-HC
Authoring Judge: Judge J.C. McLin
Trial Court Judge: Judge James C. Beasley, Jr.

The petitioner, Rodney Jeffries, appeals the habeas corpus court's order summarily dismissing his "Petition for Writ of Habeas Corpus or in the Alternative, Petition to Re-open Petition for Post-Conviction Relief." Following our review of the record and applicable law, we affirm the habeas court's denial of relief.

Shelby Court of Criminal Appeals

State of Tennessee v. Andre Jabbar Johnson
W2009-02366-CCA-R3-CD
Authoring Judge: Judge J.C. McLin
Trial Court Judge: Judge Donald H. Allen

A trial jury found the defendant, Andre Jabbar Johnson, guilty of resisting arrest, a Class B misdemeanor. The trial court sentenced the defendant to six months in the county jail, with a release eligibility of 75%. On appeal, the defendant contends that his sentence is excessive because the trial court failed to properly weigh the mitigation factors against the enhancement factors. Following our review, we affirm the judgment of the trial court.

Madison Court of Criminal Appeals

Spencer Peterson v. State of Tennessee
W2009-02433-CCA-R3-PC
Authoring Judge: Judge Judge Alan E. Glenn
Trial Court Judge: Judge John T. Fowlkes, Jr.

The petitioner, Spencer Peterson, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he received the effective assistance of counsel. After review, we affirm the denial of the petition.

Shelby Court of Criminal Appeals

James Daniel Marshall v. Jenine Estelle Marshall
M2009-02463-COA-R3-CV
Authoring Judge: Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Carol Solomon

Husband appeals the entry of a default judgment and the resulting Final Decree in a divorce action. Wife filed a complaint for divorce; Husband filed an answer and counter-complaint. Later in the proceedings, Wife filed a motion for default judgment and other relief against Husband due to his failure to comply with the court's discovery deadline. The trial court entered an order granting a default judgment against Husband, striking his pleadings, and deeming Wife's discovery requests admitted. Husband timely filed a motion to set aside the order on the ground he did not receive proper notice of the hearing, which the trial court denied. We have determined that Husband did not receive proper notice; as a consequence the order granting the default judgment and other relief is void. Therefore, the trial court erred as a matter of law in denying Husband's motion to set aside the order. The court's failure to set aside the order also greatly impaired Husband's right to assert the defenses and affirmative claims that were stricken. Accordingly, the Final Decree is also reversed and we remand for a new trial of the issues properly raised by the parties in their pleadings subject, of course, to Husband complying with discovery and the trial court's orders.

Davidson Court of Appeals

Gerald and Helen Lilly, Individually and as Guardians and Next of Kin of Tadarius M. Moore, Deceased v. Metropolitan Government of Nashville and Davidson County, et al.
M2010-00085-COA-R3-CV
Authoring Judge: Judge Frank G. Clement, Jr.
Trial Court Judge: Judge Amanda McClendon

Plaintiffs, the guardians and grandparents of a fourth-grader at Amqui Elementary School filed this wrongful death action against the Metropolitan Government of Nashville and Davidson County. While at school, the decedent became ill. After school employees cared for him for a period of time, his condition worsened; school employees then called 911 and performed CPR while awaiting for the paramedics. Tragically, the child died on the way to the emergency room. Plaintiffs allege that Defendant did not properly train or supervise its school employees and that Defendant's employees were negligent in failing to secure proper medical care. The trial court summarily dismissed the action upon findings that Defendant had not breached a duty to the decedent and that its actions were not the proximate cause of decedent's death. Plaintiffs appeal. We reverse finding there are genuine issues of material fact that preclude summary judgment.

Davidson Court of Appeals

First Horizons Home Loan Corporation d/b/a First Tennessee Home Loans, et al.
W2010-00310-COA-R3-CV
Authoring Judge: David R. Farmer, J.
Trial Court Judge: Arnold B. Goldin, Chancellor
The trial court dismissed Plaintiffs' action to quiet title for lack of justiciability. We affirm.

Shelby Court of Appeals

Rent-N-Roll v. Highway 64 Car and Truck Sales
W2010-01115-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge Roger A. Page

Appellee sold a vehicle to a third party, retaining a security interest duly perfected on the vehicle's certificate of title. Appellant later leased custom wheels and tires to the third party without the knowledge or consent of appellee. After the lease was signed, appellant modified the body of the vehicle to accommodate the custom wheels and tires, installed the custom wheels and tires on the vehicle, and gave the third party the old wheels and tires. The third party defaulted on both the security agreement with appellee and the lease with appellant. Appellee repossessed the vehicle and refused to relinquish the custom wheels and tires to appellant. The third party could not be located for service of process or recovery of the old wheels and tires. Appellant sued for recovery of the custom wheels and tires. The trial court found that, pursuant to Tenn. Code Ann. _ 47-2A-310, the wheels and tires became accessions at the point of installation, Appellant's leasehold interest in the accessions was superior to appellee's security interest in the vehicle as a whole, and appellant was liable for physical injury it caused to the vehicle when installing the accessions. Discerning no error, we affirm.

Madison Court of Appeals

State of Tennessee v. Siron S. Shields
W2010-00041-CCA-R3-CD
Authoring Judge: Judge J.C. Mclin
Trial Court Judge: Judge Roger Page

The defendant, Siron S. Shields, appeals the revocation of his community corrections sentence, claiming that the trial court erred by revoking his community corrections sentence and ordering him to serve his original sentence in the Tennessee Department of Correction. Following our review, we affirm the judgment of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. Kenneth Meyer
E2009-02294-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge Thomas W. Graham

The Defendant, Kenneth Meyer, was found guilty by a Bledsoe County Circuit Court jury of voluntary manslaughter, a Class C felony. See T.C.A. _ 39-13-211 (2010). He was sentenced as a Range II, multiple offender to ten years' confinement. On appeal, he contends that (1) the evidence was insufficient to support his conviction, (2) the trial court erred by admitting only part of a 9-1-1 tape into evidence, (3) the trial court erred by admitting hearsay into evidence, (4) the state improperly withheld exculpatory evidence, (5) the trial court erred by refusing to issue a self-defense instruction requested by the defendant, (6) the trial court erred by considering prior criminal convictions that were not proven by certified copies of conviction and were not disclosed to the defendant before the sentencing hearing, and (7) the trial court imposed an excessive sentence. We affirm the judgment of the trial court.

Bledsoe Court of Criminal Appeals

State of Tennessee v. Jimmy Daniel Prater
M2009-00527-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Jim T. Hamilton

A Wayne County jury acquitted the Defendant, Jimmy Daniel Prater, of driving under the influence and mitigated criminal littering, but it found that the Defendant violated the implied consent law and violated the open container law. On appeal, the Defendant challenges the sufficiency of the evidence supporting his conviction for violation of the implied consent law. After a review of the record, we affirm the judgments of the trial court.

Wayne Court of Criminal Appeals

Johnny M. Burroughs v. State of Tennessee
M2009-01466-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Robert E. Burch

A Dickson County jury convicted the Petitioner, Johnny M. Burroughs, of felony murder, especially aggravated robbery, and theft of property over $1000, and it imposed a life sentence for his murder conviction. The trial court sentenced him to twenty years for his robbery conviction and to two years for his theft conviction, to be served concurrently with his life sentence. On direct appeal, this Court affirmed the Petitioner's convictions and sentence. The Petitioner then filed a petition for post-conviction relief, claiming he received the ineffective assistance of counsel, which the post-conviction court dismissed after a hearing. On appeal, the Petitioner contends the post-conviction court erred when it dismissed his petition. After a thorough review of the record and applicable law, we affirm the postconviction court's judgment.

Dickson Court of Criminal Appeals

State of Tennessee v. Montorius G. Herron
W2009-02493-CCA-R3-CD
Authoring Judge: Judge J.C. McLin
Trial Court Judge: Judge Roy B. Morgan, Jr.

The defendant, Montorius G. Herron, stands convicted of identity theft, a Class D felony, and theft of property under $500, a Class A misdemeanor. The trial court sentenced him to eleven months, twenty-nine days in the county jail with a release eligibility of 75% for the misdemeanor conviction concurrent with twelve years as a career offender in the Tennessee Department of Correction with a release eligibility of 60% for the felony conviction. On appeal, the defendant argues that the evidence was insufficient to support his conviction for identity theft and the trial court committed plain error by not charging fraudulent use of a credit card as a lesser-included offense of identity theft. Following our review, we affirm the judgments of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. Krystal Johnson
W2010-00686-CCA-R3-CD
Authoring Judge: Judge J.C. McLin
Trial Court Judge: Judge Paula Skahan

The defendant, Krystal Johnson, pled guilty to criminal attempt to commit aggravated child neglect, a Class B felony. She received an eight-year sentence as a Range I, standard offender in the Tennessee Department of Correction. She petitioned the trial court for probation, which the court denied after a hearing. The defendant now appeals the denial of probation or alternative sentencing. Specifically, the defendant argues that the trial court (1) did not consider all of the factors enunciated in Stiller v. State, 516 S.W.2d 617 (Tenn. 1974) when denying probation; (2) improperly considered that the defendant pled guilty to a Class B felony when the grand jury indicted her for a Class A felony; and (3) did not consider a sentence involving community corrections. Following our review, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

John Steven Davidson, Jr. v. Mary Molteni Davidson
M2009-01990-COA-R3-CV
Authoring Judge: Judge Richard H. Dinkins
Trial Court Judge: Judge Carol Soloman

Wife appeals the trial court's designation of Husband as primary residential parent of the parties' two children and reduction of Wife's parenting time with one of the children. We vacate the trial court orders at issue and remand the case for further proceedings.

Davidson Court of Appeals

Oscar Paul Guess, III v. City of Manchester, a Tennessee Municipality, et al.
M2010-00250-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Judge William C. Lee

Discharged city employee filed a petition for writ of certiorari challenging his termination by the city. The trial court remanded the case to the board of mayor and aldermen based upon the court's determination that there was evidence of bias on the part of one alderman and that the record did not allow the court to determine the grounds relied upon by the board in terminating the employee. We have determined that the trial court erred in remanding this case. The city employee waived the issue of possible bias on the part of one alderman by failing to raise it at any time during the hearing before the board. Moreover, the board was not required to make specific findings on the reasons for its decision.

Coffee Court of Appeals