State of Tennessee v. Rodney Northern - Dissenting
I respectfully disagree with the majority opinion’s dismissal of this appeal for lack of jurisdiction. I believe the record contains final orders addressing all issues in the trial court, and I do not believe the failure to place all of the orders in a single judgment document bars our reviewing the restitution issue in this appeal. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Rodney Northern
The defendant, Rodney Northern, pleaded guilty to one count of theft in exchange for a four-year sentence to be served as 50 days' incarceration with the remainder on supervised probation. The plea agreement provided that the trial court would later determine the amount of restitution, and after a hearing the trial court ordered $10,500 in restitution to the victim, Melvin Hance. On appeal, the defendant challenges the amount of restitution. After review of the record, we hold that this court lacks jurisdiction to hear this case because the trial court failed to enter a final judgment. |
Cocke | Court of Criminal Appeals | |
Rob Matlock d/b/a Rob Matlock Construction vs. Regina M. Rourk
A homeowner and a contractor agreed to use mediation to resolve their disagreement over the contractor's bill for home renovations. The mediation resulted in an agreement, signed by both parties and their attorneys, which provided that the homeowner would pay the contractor $14,000 and that the parties would release each other from any and all claims. The homeowner paid $11,000, but refused to pay the rest. The contractor sued for the deficiency and filed a motion for summary judgment. The homeowner argued that she did not owe the money because the mediation procedure was unfair and because it did not comply with the requirements of Supreme Court Rule 31. The trial court granted summary judgment to the contractor and ordered the homeowner to pay him $3,000. We affirm the trial court. |
Franklin | Court of Appeals | |
Thelma Morris vs John Morris
Husband appeals trial court's finding of substantial and material change in circumstances and modification of alimony awarded Wife in the parties' divorce. Finding no error, the trial court's judgment is affirmed. |
Marion | Court of Appeals | |
Berkeley Park Homeowners Association, Inc., et al vs. John Tabor, et al
Berkeley Park Homeowners Association, Inc., and Southern Traditions Partners, LLC (collectively referred to as "Berkeley Park") filed a motion for contempt against John Tabor and Tabor Construction, Inc. (collectively called "Tabor"), seeking 1 to enforce a 2006 mediated settlement agreement governing the construction of a house being built by Tabor in Southern Traditions' development known as Berkeley Park Subdivision. Berkeley Park alleged that Tabor was in violation of numerous provisions of the mediated agreement, while Tabor contended that the parties had reached another agreement in 2007 that superseded the earlier agreement. Following a bench trial, the court held that there was no superseding agreement and that the evidence clearly and convincingly showed Tabor had violated the provisions of the mediated agreement. The court entered judgment in favor of Berkeley Park, awarding it damages of $34,042.11, including attorney's fees. Tabor appeals. We affirm. |
Knox | Court of Appeals | |
Sarrah Hewlett v. State of Tennessee
Petitioner, Sarrah Hewlett, appeals the trial court's dismissal of her petition for postconviction relief because it is time-barred. On appeal, Petitioner argues that due process considerations require the tolling of the one-year statute of limitations for filing a postconviction petition. After a thorough review, we affirm the judgment of the trial court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Deonray J. Fisk
Following a jury trial, Defendant, Deonray J. Fisk, was found guilty of three counts of attempted second degree murder, a Class B felony, three counts of aggravated assault, a Class C felony, and one count of unlawful possession of a handgun by a convicted felon, a Class E felony. The Trial Court sentenced Defendant as a Range I, standard offender, to eleven years for each attempted murder conviction, six years for each aggravated assault conviction, and two years for the weapons conviction. The trial court ordered Defendant to serve his sentences for attempted murder consecutively. The trial court ordered Defendant to serve his sentences for aggravated assault concurrently with each other and with Defendant's sentence for attempted second degree murder in count one of the indictment. The trial court ordered Defendant to serve his sentence for his weapons conviction consecutively with his conviction for attempted second degree murder in count one and concurrently with the other sentences for an effective sentence of thirty-five years. On appeal, Defendant argues that the trial court erred in determining the length and manner of service of his sentences. After a thorough review, we affirm the trial court's judgments. We conclude, however, that double jeopardy principles require that Defendant's aggravated assault convictions in counts 4, 5, and 6 of the indictment be merged with Defendant's convictions of attempted second degree murder in counts 1, 2, and 3, and we remand for the entry of corrected judgments consistent with this opinion. Defendant's effective sentence of thirty-five years remains unchanged. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Eric Cathey
In December 2006, the Shelby County Grand Jury indicted Appellant, Eric Cathey, for one count of felony first degree murder, one count of aggravated child abuse, and one count of aggravated child neglect. These charges were the result of the death of appellant's two-month-old daughter. At the conclusion of a jury trial, the jury found appellant guilty of all three counts. The trial court held a sentencing hearing and merged the aggravated child neglect conviction into the aggravated child abuse conviction. The trial court imposed a sentence of life with parole for the felony first degree murder and twenty years for the aggravated child abuse. The trial court ordered that these sentences be served concurrently. Appellant now appeals his convictions and sentence arguing that: (1) the trial court erred in overruling his objection to the State's use of its peremptory challenges at jury selection; (2) the evidence was insufficient to support his convictions; (3) the trial court erred in allowing certain photographs into evidence; and (4) the trial court erred by imposing an excessive sentence. After a thorough review of the record, we conclude that appellant's issues do not require reversal. Therefore, the judgments of the trial court are affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joseph Daniel Drew
The defendant, Joseph Daniel Drew, appeals the Knox County Criminal Court's denial of probation on his 12-year effective sentence for guilty-pleaded convictions of robbery and attempted aggravated robbery. Discerning no reversible error, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Ladonte Smith
Petitioner, Ladonte Smith, was convicted by a Davidson County jury of one count of first degree murder and two counts of attempted first degree murder stemming from a drive-by shooting that occurred at a market. State v. Ladonte Montez Smith, M1997-00087-CCA-R3- CD, 1999 WL 1210813, at *1-5 (Tenn. Crim. App., at Nashville, Dec. 17, 1999), perm. app. denied, (Tenn. Oct. 9, 2000). He received a sentence of life with the possibility of parole for the first degree murder conviction and seventeen years for each conviction for attempted first degree murder, to run consecutively to the life sentence. Petitioner subsequently filed a timely pro se petition for post-conviction relief, alleging, among other things, ineffective assistance of counsel. The post-conviction court held a hearing on the petition, after which the petition was denied. Petitioner now appeals. After a thorough review, we conclude that petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel and affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Deborah Miller Gentile vs Michael Charles Gentile
Husband appeals the trial court's order under Rule 35 requiring the parties in this divorce action to undergo a mental examination and the court's alleged reliance on that examination. He also appeals the trial court's finding that the home titled solely to husband had transmuted to marital property. We affirm the trial court. |
Williamson | Court of Appeals | |
Mary Lou Gammo vs. Richard Rolen, et al
The parties were previously before this Court in an appeal by reason of an easement claim by the plaintiff. This Court ruled that plaintiff had an easement, and we remanded the case to the trial court and defendants filed a motion to determine the extent of the easement. A trial ensued and the trial judge ordered defendants to remove a gate and a fence which impaired plaintiff's use of her easement. On appeal, we affirm the judgment of the trial court, as modified. |
Washington | Court of Appeals | |
Jevon Bryant v. State of Tennessee
The petitioner, Jevon Bryant, appeals the denial of post-conviction relief. On appeal, he argues that: counsel was ineffective; the trial court erred in denying his request to wear his wedding ring at trial; the prosecution made improper comments during voir dire; his prior felony should not have been stipulated for admission; his relatives were improperly banned from the courtroom; and his right to the Confrontation Clause was violated. After careful review, we affirm the judgment from the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Jonathan Davis v. Jim Morrow, Warden
The Petitioner, Jonathan Davis, appeals from the Bledsoe County Circuit Court's summary dismissal of his petition for habeas corpus relief. The habeas corpus court found that the petitioner failed to state a cognizable claim for relief. Upon review, we affirm the judgment of the habeas corpus court. |
Bledsoe | Court of Criminal Appeals | |
State of Tennessee v. Hugo Mendez
Pursuant to a negotiated plea agreement, the defendant, Hugo Mendez, pled guilty in 2007, to vehicular homicide by intoxication, a Class B felony, and to leaving the scene of an accident causing death, a Class E felony. The agreement provided for sentences of eight years and one year for the respective convictions, to be served concurrently in the Department of Correction. Nonetheless, the record indicates that the defendant remained incarcerated in the Shelby County Jail. Approximately two years later, the defendant filed a pro se petition requesting that he be allowed to serve the balance of the sentence on probation. The trial court issued an order summarily denying the petition without conducting a hearing. On appeal, the defendant contends that the court abused its discretion in denying his request for probation and also challenges findings which he alleges were set forth in the order. Following review of the record before us, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Terry Lynn Byington
Defendant, Terry Byington, was convicted of DUI, fourth offense, and was sentenced to three years in the Department of Correction as a Range II, multiple offender for this Class E felony, with a minimum of 150 days to be served day for day. On direct appeal, this Court held that he waived all issues presented except for the sentencing issue and a challenge of the sufficiency of the evidence, because the motion for new trial was not timely filed, and was therefor a nullify. See State v. Terry Lynn Byington, No. E2003-02316-CCA-R3-CD, 2004 WL 1606993, (Tenn. Crim. App. at Knoxville, July 19, 1004) perm. app. denied. (Tenn. Dec. 28, 2004). Subsequently, defendant filed a petition for post-conviction relief and, pursuant to T.C.A. _ 40-30-113, a delayed appeal was ordered by the post-conviction court. Upon delayed appeal, this Court dismissed the appeal because the order denying the motion for new trial was not in the record. The Supreme Court granted defendant's application for permission to appeal, and subsequently vacated this Court's judgment and remanded the case to this Court "for review of the issues raised by [Defendant] in his motion for new trial." See State v. Byington, 284 S.W.3d 220, 227 (Tenn. 2009). After review of the issues presented, the briefs of the parties, and the entire record, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
Clement Homes, Inc. v. Beth Chilcutt a/k/a Beth Correll
This is a breach of contract case. The trial court entered a final judgment in favor of the plaintiff but did not issue findings of fact or conclusions of law pursuant to Rule 52.01 of the Tennessee Rules of Civil Procedure. Because the trial court failed to comply with the mandatory requirements of Rule 52.01, we vacate and remand. |
Tipton | Court of Appeals | |
Paul Davis, M.D. v. Jackson Tennessee Hospital Company, LLC
This is an appeal from the trial court's grant of summary judgment. After reviewing the record, we find that the Notice of Appeal was not timely filed. Therefore, this Court does not have subject matter jurisdiction and the appeal is dismissed. |
Madison | Court of Appeals | |
Warren A. Hakanson, et al vs. Judith K. Holland, Trustee of the G.W. Hakanson Living Trust, et al
Warren A. Hakanson and Sylvia Harris sued Judith K. Holland both as Trustee of the G.W. Hakanson Living Trust dated November 19, 1996 ("the Trust"), and individually, seeking, among other things, to have Ms. Holland removed as Trustee and to have the Trust correctly administered. The case was tried, and the trial court entered an order finding and holding, inter alia, that the Trust, as written, did not comport with the intent of G.W. Hakanson, that Ms. Holland had proposed a distribution which she believed met G.W. Hakanson's intent, that Ms. Holland remain as Trustee, and that prior distributions to Mr. Hakanson and Ms. Harris should be added back into the Trust with Mr. Hakanson and Ms. Harris each to receive $247,800 from the Trust and then the remaining Trust assets divided equally three ways with Mr. Hakanson, Ms. Harris, and Ms. Holland each to receive one-third. Mr. Hakanson and Ms. Harris appeal to this Court. We reverse, in part, finding and holding that there is no ambiguity in the written Trust and that the Trust shall be distributed in accordance with its clear written directions. We affirm the remainder of the trial court's order. |
Sullivan | Court of Appeals | |
Linda Smith, et al vs. Lane Family VIII, LLC, et al
These consolidates lawsuits involve claims by Linda Smith, Melinda Mischlich, Jennifer Hayles, and Fernando Hayles ("Plaintiffs") surrounding two homes purchased by plaintiffs located in a subdivision developed by Harry Lane or an affiliated limited liability company. The trial court granted rescission of the contracts and awarded plaintiffs their attorney fees. The trial court stated that the amount of attorney fees would be determined at a future hearing. Prior to the hearing on the amount of attorney fees to be awarded, several defendants filed a notice of appeal. We dismiss this appeal for lack of a final judgment. |
Knox | Court of Appeals | |
State of Tennessee v. Daniel Henderson Jones
The Defendant, Daniel Henderson Jones, appeals as of right from the Sullivan County Criminal Court's denial of his motions to withdraw guilty pleas and for reduction of sentences following his negotiated guilty pleas in case number S52,468 to one count of aggravated assault, a Class C felony; in case number S53,126 to one count of possession of .5 grams of cocaine for sale, a Class B felony; one count of possession of drug paraphernalia, a Class A misdemeanor; one count of maintaining a dwelling where drugs are sold or used, a Class D felony; and in case number S53,127 to possession of cocaine for sale, a Class C felony. He received a total effective sentence of twenty years as a Range I, standard offender. On appeal, the defendant argues that the trial court erred in denying his motions and that his sentences were imposed absent the trial court making required findings relative to enhancement and mitigating factors. Following our review, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Gary Dewayne Pitts
The Defendant, Gary Dewayne Pitts, appeals from the order of the Davidson County Criminal Court revoking his probation. In January 2009, the defendant pleaded guilty to felony simple possession of cocaine and vandalism over $500 and received an effective three-year sentence as a Range II, multiple offender. His sentence was partially suspended, and he was placed on probation. Subsequently, a violation warrant was issued, wherein it was alleged that the defendant violated his probation by using illegal drugs. After a hearing, the trial court took the matter under advisement so that the defendant could be evaluated for a drug and mental health program. Based upon the results of the assessment evincing an unwillingness on the part of the defendant to abide by the terms of the program, the trial court concluded that the defendant violated the conditions of his probationary sentence and ordered that his original three-year sentence to the Department of Correction be reinstated. On appeal, the defendant argues that the trial court abused its discretion by revoking his probation and ordering that the remainder of his sentence be served in confinement. After a review of the record, the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Matthew Steven Wright
Appellant, Matthew Steven Wright, was indicted by the Marion County Grand Jury for aggravated assault. Appellant pled guilty to the charge and received a sentence of four years. The trial court suspended the sentence to three years and ten months of probation after the service of thirty-five days in incarceration. After the issuance of a probation violation warrant and hearing, the trial court revoked appellant's probation and ordered him to serve his sentence. Appellant seeks a review of the denial of his probation. We determine that the trial court made adequate findings of fact with regard to the denial of probation. Therefore, the judgment of the trial court is affirmed. |
Marion | Court of Criminal Appeals | |
State of Tennessee v. Tony Lee Crowe
The Defendant, Tony Lee Crowe, was convicted by a Putnam County Jury of two counts of rape of a child and two counts of aggravated sexual battery. As a result, he was sentenced to sixteen years incarceration, to be served at 100%. On appeal, he alleges that the trial court improperly denied his motion for new trial based on newly discovered impeachment evidence and recanted testimony. After a review of the record, we affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
Vickie P. Jacobs, Surviving Spouse of Harris N. Jacobs, Deceased; and for the benefit of herself and the minor children of Harris N. Jacobs, Deceased v. Nashville Ear, Nose & Throat Clinic et al.
This is a medical malpractice case. Vicki P. Jacobs ("the Plaintiff") alleges that the failure of Stephen A. Mitchell, M.D., an otolaryngologist, and K. James Schumacher, M.D., a neuroradiologist, to diagnose cancer in the left sinus of her late husband, Harris N. Jacobs ("the Decedent"), in May 2000 caused his death in November 2001. The trial court granted all defendants summary judgment. The court held that the plaintiff, in the face of the defendants' motions for summary judgment, failed to demonstrate a genuine issue of material fact as to the element of causation. The court's ruling was premised, in part, on the court's holding that the affidavit of one of the experts was not timely filed and also because, according to the court, the plaintiff's experts gave deposition testimony that superseded and canceled out their assertions in affidavits. Plaintiff appeals, challenging the court's grant of summary judgment and an earlier order allowing the defendants to conduct ex parte interviews of treating physicians of the decedent. We vacate both orders and remand for further proceedings. |
Davidson | Court of Appeals |