State of Tennessee v. Christopher Duwan Robertson
M2001-00976-CCA-R3-CD
The defendant, Christopher Duwan Robertson, appeals as of right from his conviction by a jury in the Davidson County Criminal Court of first degree, premeditated murder. The defendant received a sentence of life imprisonment with the possibility of parole. He contends that (1) the evidence is insufficient to support his conviction, (2) the trial court erroneously failed to instruct the jury to determine whether witnesses Karen Mullins and Michael Simpson were accomplices as a matter of fact, and (3) the trial court should have granted a mistrial after the victim's mother testified that the defendant had committed another murder. We affirm the trial court's judgment of conviction.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 10/02/02 | |
State of Tennessee v. Ralph Taylor Hopson
E2001-02113-CCA-R3-CD
Defendant, Ralph Taylor Hopson, was indicted by the Grand Jury of Claiborne County for one count of second degree murder and one count of attempted second degree murder. Prior to trial, Defendant stated his desire to waive his right to representation by counsel and requested to proceed pro se. Four days later, the trial court conducted an inquiry into Defendant’s ability to represent himself and granted his request. Following a jury trial, Defendant was convicted of the offenses charged. The trial court subsequently sentenced Defendant to twenty-five years for the second degree murder conviction and ten years for the attempt conviction, to be served concurrently. In this appeal, Defendant challenges both convictions on the ground that the waiver of his right to counsel was not knowingly and intelligently made. In addition, Defendant contends that his sentence for the second degree murder conviction is excessive. After a review of the record and applicable law, we conclude that Defendant did not knowingly and intelligently waive his right to counsel and that the trial court erred in determining Defendant’s sentences. Accordingly, we reverse the judgments of the trial court and remand this matter for a new trial.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge E. Shayne Sexton |
Claiborne County | Court of Criminal Appeals | 10/02/02 | |
Andrade Bruce Williams, Jr. v. State of Tennessee
M2002-00357-CCA-R3-PC
Petitioner appeals the denial of his petition for post-conviction relief. He was originally convicted of felony murder and attempted especially aggravated robbery and received an effective life sentence. He now contends he received ineffective assistance of counsel at his jury trial. We conclude otherwise and affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Seth W. Norman |
Davidson County | Court of Criminal Appeals | 10/02/02 | |
State of Tennessee v. James L. Carrethers
M2001-01503-CCA-R3-CD
James L. Carrethers appeals his second-degree murder conviction. He was found guilty of that offense by a Davidson County Jury. He is presently serving an eighteen-year sentence in the Department of Correction for the crime. In this direct appeal, he claims that the evidence does not sufficiently support the conviction and that the lower court erred in denying a motion to suppress his inculpatory, pretrial statements. Because we are unconvinced of error in either respect, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 10/02/02 | |
State of Tennessee v. Michael George Medina
M2001-02412-CCA-R3-CD
The Appellant, Michael George Medina, appeals his conviction by a Smith County jury finding him guilty of first-degree murder. On appeal, Medina challenges (1) the sufficiency of the convicting evidence, as it relates to the element of premeditation, and (2) the trial court's ruling which he asserts interfered with the defense's order of proof, thus, "forcing a premature election on defendant's right to testify." After review, we find no error. Accordingly, the judgment is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge J. O. Bond |
Smith County | Court of Criminal Appeals | 10/02/02 | |
State of Tennessee v. Lonnie Keith Dishner
E2001-00870-CCA-R3-CD
The appellant was convicted at a jury trial of the offense of felonious reckless endangerment. He was sentenced to a term of one year imprisonment in the Greene County workhouse. In this appeal the appellant claims that the indictment is defective, that the evidence is insufficient to support the verdict, and that the prosecution improperly commented in closing argument that the appellant should have produced a certain tape recording. After a review of the record we are of the opinion that the indictment and evidence are constitutionally sufficient to support the verdict. We are also of the opinion that the appellant has waived any error concerning closing argument by failing to include the transcript of the arguments in the record. Accordingly, the judgment of the trial court is affirmed.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:James E. Beckner |
Greene County | Court of Criminal Appeals | 10/02/02 | |
Clayton Eugene Turner v. State of Tennessee
E2001-02476-CCA-R3-PC
The Defendant, Clayton Eugene Turner, brings this appeal from the trial court's denial of post-conviction relief. The Defendant was convicted by a jury of rape of a child, incest, and assault. He argues two issues in this appeal: (1) that he was denied the effective assistance of counsel at trial, and (2) that the trial court erred by denying the Defendant's post-conviction request for the appointment of experts in the fields of DNA analysis and the transmission of infectious diseases. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 10/01/02 | |
Floyd Woody vs. Joy Woody
E2001-02078-COA-R3-CV
In this case from the Chancery Court of Hamblen County the Appellant, Floyd Michael Woody contends that the Trial Court erred in amending a final judgment for divorce to include one half of his pension fund as part of the marital property to be awarded the Appellee, Joy Darlene Woody. The judgment of the Trial Court is affirmed as modified.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Thomas R. Frierson, II |
Hamblen County | Court of Appeals | 09/30/02 | |
State of Tennessee v. Jonathan Thornton
E2001-02491-CCA-R3-CD
The defendant, Jonathan Thornton, was convicted of one count of theft of property valued at more than $1,000 but less than $10,000 and one count of theft of property valued at less than $500. The trial court imposed concurrent sentences of two years and 11 months and 29 days, respectively. In this appeal of right, the defendant asserts (1) that the evidence is insufficient to support his convictions, (2) that the trial court erred in its instructions to the jury, and (3) that the trial court erred by denying an alternative sentence. Because the trial court erred by denying an alternative sentence, the defendant's sentence is modified to a sentence of split confinement with nine months to be served in confinement and the balance to be served on probation.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge James Edward Beckner |
Greene County | Court of Criminal Appeals | 09/30/02 | |
Larry Parrish vs. Robert Marquis
E2002-01131-COA-R3-CV
In this appeal from the Circuit Court for Knox County the Appellants, Larry E. Parrish and Larry E. Parrish, P.C., contend that the Trial Court erred in dismissing their cause of action upon grounds that it was not timely filed under T.C.A. 28-1-105(a). We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 09/30/02 | |
William Duty vs. Joseph Daugherty
E2001-02861-COA-R3-CV
In this boundary line dispute, the Trial Court established the boundary line between the parties' properties based on testimony that prior owners had agreed on the location of the boundary, which altered the boundary established by an accurate survey. We reverse.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Billy Joe White |
Scott County | Court of Appeals | 09/30/02 | |
The Oceanics Schools vs. Clifford Barbour, Jr.
E2002-00181-COA-R3-CV
This matter is before us on the petition of the plaintiff for a rehearing pursuant to Tenn. R. App. P. 39.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 09/30/02 | |
Dept. of Children's Srvcs vs. T.M.K.
E2000-02840-COA-R3-JV
The State of Tennessee, through the Department of Children's Services, seeks to terminate the parental rights of T.M.K. and G.L.K., as to their children, E.K. (d.o.b. 1/3/88), C.K. (d.o.b. 1/17/90), and twin daughters, A.K. and E.K. (d.o.b. 5/4/92). The Trial Court found the State had carried the burden of proof by clear and convincing evidence as to grounds for termination, as well as the best interest of the children. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:John B. Hagler, Jr. |
Bradley County | Court of Appeals | 09/30/02 | |
Alvin Mays vs. Helen Mays
E2001-02630-COA-R3-CV
In post-divorce action, the Trial Court changed from the mother to the father, the role as primary custodian of the minor child. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas R. Frierson, II |
Hawkins County | Court of Appeals | 09/30/02 | |
Billy Allan Braswell, et ux vs. AC and S, Inc., et al
E2002-00093-COA-R9-CV
The trial court allowed plaintiff to add seller as party to products liability action more than one year after injury and denied seller summary judgment on defense of the statute of limitations. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 09/30/02 | |
Natasha W. Cornett v. State of Tennessee
E2002-00034-CCA-R3-PC
The petitioner, Natasha W. Cornett, appeals the trial court's denial of post-conviction relief. The issues presented for our review are (1) whether the petitioner properly waived her right to a jury trial at sentencing; (2) whether her guilty pleas to three counts of first degree murder, one count of attempted first degree murder, two counts of especially aggravated kidnapping, two counts of aggravated kidnapping, and one count of theft over $1,000 were knowingly and voluntarily entered; and (3) whether the petitioner was denied the effective assistance of counsel. The judgment is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge James E. Beckner |
Greene County | Court of Criminal Appeals | 09/30/02 | |
Larry Parrish vs. Robert Marquis
E2004-00875-COA-RM-CV
In this malicious prosecution case the Appellants, Larry E. Parrish and Larry E. Parrish, P.C., contend that the Knox County Circuit Court erred in granting motions for summary judgment filed by the Appellees, Robert S. Marquis and Ronald C. Koksal. We reverse the Circuit Court's judgment of dismissal as to Mr. Koksal and we affirm the Circuit Court's judgment of dismissal as to Mr. Marquis on alternative grounds.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 09/30/02 | |
State vs. Steven Arrington
E2002-00249-COA-R3-CV
In this case from the Greene County Criminal Court the Appellant, Steven Keith Arrington, a juvenile, contends that there was insufficient evidence to support the jury's finding that he was guilty of aggravated kidnaping. Mr. Arrington also asserts that, assuming his conviction was proper, the Trial Court erred in failing to sentence him to an indeterminate commitment. We affirm the judgment of the Trial Court and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:James E. Beckner |
Greene County | Court of Appeals | 09/30/02 | |
Charles William Young v. State of Tennessee
M2000-02007-CCA-MR3-PC
The appellant, Charles WilliamYoung, was convicted in a jury trial of the offense of theft over $500. He was sentenced to one year and six months and ordered to serve 60 days of incarceration, to pay a $500 fine and restitution of $800. The appellant's probation was revoked for the first time in 1997, but he was again placed on probation for 18 months. Two years later his probation was again revoked and the appellant was ordered to serve his original sentence with 94 days of jail credit. He subsequently filed a petition for post-conviction relief, or in the alternative, a writ of habeas corpus and alleged inter alia that a number of alleged constitutional errors occurred at both probation revocation hearings. The trial court summarily dismissed the petition. We hold that the Post-Conviction Procedures Act, Tennessee Code Annotated Section 40-30-201, et seq., does not provide a cause of action for a collateral attack on a probation revocation proceeding. Moreover, the appellant's allegations, taken as true, would at most render the results of the probation revocation proceedings voidable, not void, and therefore the writ of habeas corpus is not available to the appellant. The judgment of the trial court is therefore affirmed.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge W. Charles Lee |
Marshall County | Court of Criminal Appeals | 09/27/02 | |
State ex Rel. Dorothy Phillips vs. James Phillips
E2001-02081-COA-R3-CV
This is a post-divorce case involving child support issues. James Daniel Phillips ("Father") appeals the order below, in which the trial court held that it lacked the authority to reduce the child support arrearage due Father's former spouse, Dorothy Ellen Phillips ("Mother"). Father argued below that he had recently discovered that one of his "children" is not actually his biological child. He contends that this entitles him to the requested relief. Father further challenges the trial court's refusal to declare his 1990 divorce judgment invalid on the ground that it was not signed by Father who was then proceeding pro se. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Billy Joe White |
Scott County | Court of Appeals | 09/27/02 | |
Steven Belford vs. J & J Plastering
E2001-02575-COA-R3-CV
Steven R. Belford (Plaintiff") sued Danny W. Cox ("Cox") and J & J Plastering, Inc., ("Company") after he was rear-ended by a vehicle owned by the Company and driven by Cox. The jury returned a verdict for $9,000 in favor of Plaintiff. Plaintiff appealed to this Court without first filing a motion for new trial. Plaintiff raises four issues on appeal, all of which center around the exclusion or admission of evidence at trial. Because Plaintiff did not raise these issues in a motion for new trial, we deem them to be waived and dismiss this appeal.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Jacqueline E. Schulten |
Hamilton County | Court of Appeals | 09/27/02 | |
State of Tennessee v. Christopher Robert Smith
M2001-02297-CCA-R3-CD
The appellant, Christopher Robert Smith, was convicted in the Criminal Court of Davidson County of conspiracy to possess with the intent to manufacture, deliver or sell 300 grams or more of any substance containing cocaine, a Class A felony. The trial court sentenced the appellant to twenty-four years incarceration in the Tennessee Department of Correction and imposed a fifty thousand dollar ($50,000) fine. On appeal, the appellant complains that the evidence was insufficient to support his conviction and that his sentence was excessive. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 09/27/02 | |
E2001-02326-COA-R3-CV
E2001-02326-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Billy Joe White |
Claiborne County | Court of Appeals | 09/27/02 | |
State of Tennessee v. Marthias S. Phillips and Lanard Keith Armstrong
M2000-02575-CCA-R3-CD
A Davidson County jury found the defendants, Marthias S. Phillips and Lanard Keith Armstrong, guilty of facilitation of first-degree murder, criminal attempt to facilitate especially aggravated kidnapping, and criminal attempt to facilitate especially aggravated robbery. The trial court sentenced both defendants to serve 4-year sentences for their criminal attempt to facilitate especially aggravated kidnapping convictions, 4-year sentences for their criminal attempt to facilitate especially aggravated robbery convictions, and 20-year sentences for their facilitation of first-degree murder convictions. The trial court sentenced both defendants as Range I offenders and ordered them to serve their 4-year sentences for criminal attempt to facilitate especially aggravated kidnapping concurrently to their 20-year sentences for facilitation of first-degree murder. The court then ordered them to serve their 4-year sentences for criminal attempt to facilitate especially aggravated robbery consecutively to their concurrent 20-year sentences, resulting in an effective sentence of 24 years. The defendants now bring the instant appeal. Defendant Armstrong and Defendant Phillips both challenge the sufficiency of the evidence to support their convictions, the propriety of the trial court's jury instructions, and the effectiveness of their trial counsel. Defendant Armstrong additionally challenges the propriety of his sentence. After thoroughly reviewing the record and applicable law, we find that none of these allegations merit relief.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 09/27/02 | |
State of Tennessee v. Wanda Hinson - Dissenting
M2000-02762-CCA-R3-CD
I am unable to agree that the trial court’s error in admitting the victim’s hearsay statement is harmless error. I believe the error requires reversal of the conviction, and I therefore dissent.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Timothy L. Easter |
Lewis County | Court of Criminal Appeals | 09/27/02 |