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| State of Tennessee v. Mario Ricky Orlando Printiss
W2000-03032-CCA-R3-CD
Mario Ricky Orlando Printis appeals from his convictions of driving under the influence and evading arrest. He questions the sufficiency of the evidence that he committed Class D felony evading arrest, as opposed to the Class E form of that crime, and he complains that the trial court sentenced him too harshly. Because we are unpersuaded, we affirm the convictions and sentences imposed. Due to an omission from the DUI judgment form, however, we modify that judgment to correspond with the lower court's pronouncements at the sentencing hearing.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge William B. Acree |
Obion County | Court of Criminal Appeals | 02/27/02 | |
| Travis Poole v. State of Tennessee
W2001-01196-CCA-R3-PC
In his petition for post-conviction relief, petitioner alleges that he received ineffective assistance of counsel, he illegally pled guilty to second degree murder, and his guilty plea was not made knowingly and voluntarily. The trial court dismissed the petition. We affirm.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 02/26/02 | |
| State of Tennessee v. Winfred Lee Faulcon
W2001-01153-CCA-R3-CD
The Appellant, Winfred Lee Faulcon, was convicted after a trial by jury of two offenses of possession of a Schedule VI controlled substance, marijuana, with intent to sell, which stemmed from events that occurred on October 21st and November 16th of 2000. Faulcon received two consecutive eighteen-month community corrections sentences with nine months of continuous confinement in the county jail. On appeal, Faulcon raises the following issues for our review: (1) whether the State's action of releasing a witness which the State had subpoenaed for trial constituted misconduct when the witness thereafter became unavailable to the defense; (2) whether the evidence was sufficient to support his convictions; (3) whether the two charges against Faulcon should have been considered as one continuing criminal enterprise and thus, would have resulted in the imposition of only one sentence; (4) whether the trial court erred in imposing a sentence in excess of the minimum necessary for class E felonies; and (5) whether the trial court erred in not imposing an alternative non-incarcerative sentence for the entire period. After a review of the record, we find that Faulcon's issues are without merit. Accordingly, the judgment of the Dyer County Circuit Court is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:Lee Moore |
Dyer County | Court of Criminal Appeals | 02/26/02 | |
| Tony Makoka v. Wendy Makoka-Mhlanga
M2001-00363-COA-R3-CV
A prisoner filed a petition to enforce an agreed order that granted him visitation rights with his minor daughter. The child's mother asked the trial court to dissolve the agreed order. The court found that it was not in the best interests of the child to compel her to visit her father in prison, dissolved the agreed order, and enjoined the father from engaging in activities that amounted to harassment of the mother. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 02/26/02 | |
| Maurice Pierre Teague v. State of Tennessee
W2001-00533-CCA-R3-PC
The petitioner was convicted of possession of a controlled substance with intent to sell, and his conviction was affirmed on direct appeal. In his petition for post-conviction relief, he asserted that trial counsel was ineffective. The post-conviction court dismissed the petition, following a hearing. We affirm the order of the post-conviction court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Julian P. Guinn |
Carroll County | Court of Criminal Appeals | 02/26/02 | |
| State of Tennessee v. Danny Davidson
W2001-00118-CCA-R3-CD
Defendant was convicted of attempted manufacture of methamphetamine. On appeal, defendant submits that the evidence was insufficient to support the conviction, and the trial court erred in not charging the jury on facilitation. We conclude the evidence was sufficient to uphold the conviction, and defendant was not entitled to an instruction on facilitation. We affirm.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge William B. Acree |
Weakley County | Court of Criminal Appeals | 02/26/02 | |
| State of Tennessee v. F. Chris Cawood
E2000-02478-CCA-R3-CD
The Defendant was indicted for two counts of promoting prostitution and for two counts of patronizing prostitution. Following a bench trial, the Defendant was convicted of two counts of attempting to patronize prostitution, a Class C misdemeanor; sentenced to thirty days suspended; and fined $50.00 for each count. The Defendant now appeals, arguing the following: (1) that the evidence is insufficient to support the convictions; (2) that the conduct by law enforcement in this case was so outrageous as to constitute a defense; (3) that a fatal variance exists between the indicted charges and the evidence presented at trial; (4) that the trial court erred in failing to suppress the audio and video tape evidence that was introduced at trial; and (5) that the trial court erred in denying the Defendant's motion to seal the audio and video tape evidence in this case. Concluding that the evidence is insufficient to support the convictions, we reverse the judgment of the trial court and dismiss the charges against the Defendant.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Buddy D. Perry |
Roane County | Court of Criminal Appeals | 02/25/02 | |
| Erica Slaughter vs. Rosetta Rowe
E2001-00840-COA-R3-CV
Erica R. Slaughter ("Slaughter") sued Rosetta Rowe ("Rowe") for slander and harassment after an alleged physical altercation precipitated by Slaughter's affair with Rowe's husband. After the physical altercation, Slaughter filed assault charges against Rowe leading to her arrest. The assault charge was eventually dismissed. Rowe filed a counter-claim for malicious prosecution. Each party testified at trial to her version of the events. The Trial Court concluded neither party carried her burden of proof on her claim and dismissed the entire lawsuit. Rowe appeals, and we affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 02/25/02 | |
| State of Tennessee v. Christopher Charles Hall
M2001-00599-CCA-R3-CD
The defendant pled nolo contendere to reckless homicide, a Class D felony. The defendant contends the trial court erred in refusing to grant him full probation and sentencing him to two years of split confinement, with six (6) months to be served in the county jail and the remainder served on probation. Due to the reckless nature of the killing, involving alcohol use simultaneous with the handling of weapons, we conclude the trial court did not erroneously sentence the defendant to a two-year sentence involving some form of confinement. We affirm the defendant's sentence imposed by the trial court.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 02/24/02 | |
| State of Tennessee v. Billy Harold Arnold
E2000-03157-CCA-R3-CD
The defendant, Billy Harold Arnold, appeals his misdemeanor theft conviction for which the Sullivan County Criminal Court sentenced him to eleven months twenty-nine days, all suspended except for thirty days confinement, "day for day." He contests the sufficiency of the evidence, the admission into evidence of prior similar conduct, and his sentence. We affirm the trial court, although we also note that a "day for day" term of confinement does not bar application of relevant good conduct credit statutes.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 02/22/02 | |
| Mark Tinsley v. Suzanne Tinsley
M2001-02319-COA-R3-CV
Mother sought modification of child support and a judgment against Father for contempt in the form of retroactive child support due to his failure to supply her with a yearly statement of his income as required by the final divorce decree. The trial court ordered a modification of the prospective child support, determining the amount of the obligation by averaging Father's fluctuating income for the three years prior to the hearing and awarded Mother a $54,192.00 judgment for retroactive child support during the five years that Father failed to provide his income statements to Mother. Because the trial court correctly calculated the prospective child support obligation, we affirm the amount of Father's monthly obligation in the amount of $1,300.00 from the date the petition was filed. However, because the trial court has no authority to award retroactive child support modification, we vacate the $54,192.00 judgment for retroactive child support. We remand the case for further proceedings to set reasonable attorney fees.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Robert E. Burch |
Cheatham County | Court of Appeals | 02/22/02 | |
| State vs. Walter Lee Allen
E1998-00416-SC-R11-CD
Authoring Judge: Justice Janice M. Holder
Originating Judge:Ben W. Hooper, II |
Jefferson County | Supreme Court | 02/22/02 | |
| Steven Bohanon, et al vs. Jones Bros., Inc.
M1998-00954-COA-R3-CV
This appeal involves a property damage claim arising from blasting activities incident to the construction of improvements to State Highway 52 in Macon County. Two neighboring property owners filed suit against the contractor responsible for the blasting in the Circuit Court for Macon County seeking actual and punitive damages. A jury returned a verdict for the contractor, and the trial court denied the property owners' post-trial motions. The property owners assert on this appeal that the trial court erred by permitting the introduction of incompetent evidence regarding compliance with the Tennessee Blasting Standards Act of 1975 and by failing to give a promised curative instruction. They also challenge the evidentiary support for the verdict. We have determined that the trial court did not commit reversible error either by admitting the evidence regarding the contractor's seismic monitoring or by overlooking the requested curative instruction. We also decline to second-guess the verdict to the extent that it rested on an assessment of the property owners' credibility regarding the nature and extent of the damages caused by the blasting. Accordingly, we affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ernest B. Pellegrin |
Macon County | Court of Appeals | 02/22/02 | |
| Cecelia Hutcheson v. Andrew W. Hutcheson
M2000-02340-COA-R3-CV
On August 18, 2000, Appellant was held to be in civil contempt of court for failure to pay alimony and failure to deliver property to his former wife in compliance with the previous divorce judgment in the case. We affirm the judgment of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Arthur E. Mcclellan |
Sumner County | Court of Appeals | 02/22/02 | |
| Sylvester Young v. Leah Barrow
M2001-00876-COA-R3-CV
This appeal arises out of a minor intersection accident. The complaints of the driver and passenger of one of the motor vehicles against the driver of the second motor vehicle were consolidated in the Circuit Court for Davidson County. The trial court granted a directed verdict against the plaintiff driver at the close of the plaintiffs' proof. Thereafter, the plaintiff driver filed a second lawsuit against the defendant driver and her insurer. The trial court dismissed the second suit on the ground of res judicata and granted the insurer's motion for a judgment on the pleadings. The plaintiff driver has perfected this appeal. We affirm the dismissal of his second complaint.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 02/22/02 | |
| State vs. Walter Lee Allen
E1998-00416-SC-R11-CD
Authoring Judge: Justice Janice M. Holder
Originating Judge:Ben W. Hooper, II |
Jefferson County | Supreme Court | 02/22/02 | |
| Thomas Dyer v. TDOC
M2001-01446-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 02/22/02 | |
| Jeffrey Haithcote v. Donal Campbell
M2001-01828-COA-R3-CV
A prisoner convicted of numerous crimes filed a Petition for Declaratory Judgment, arguing that the Department of Correction had erred in its calculation of his sentence expiration date, and that he was entitled to be released. The Department stood by the correctness of its calculations. The petitioner's sentence expired during the course of the proceedings, and he was released. The trial court then dismissed the petition as moot. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 02/22/02 | |
| Mark Percy v. Dept of Correction
M2001-01629-COA-R3-CV
This appeal involves a dispute between a multiple rapist and the Tennessee Department of Correction regarding the prisoner's sentence expiration date. The prisoner filed a petition for a declaratory order in the Chancery Court for Davidson County asserting that the Department had misclassified him and that he was eligible to be released because his sentence had expired. The Department responded with a motion for summary judgment supported by an affidavit of a sentencing technician asserting that the prisoner had been correctly classified and that his sentence had not expired. The trial court granted the summary judgment and dismissed the petition. We find that the trial court reached the correct result, and, therefore, we affirm the judgment dismissing the prisoner's petition.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/22/02 | |
| Thomas Dyer v. TDOC
M2001-01446-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:William C. Koch |
Davidson County | Court of Appeals | 02/22/02 | |
| Nicole Keeler v. Michael Keeler
M2001-00684-COA-R3-CV
In this divorce case, the trial court awarded the parties joint custody of their minor children, with primary physical custody awarded to the father. The mother contends on appeal that she is the more fit parent and should have been given primary custody. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 02/22/02 | |
| James Emmett Moses, Jr. v. State of Tennessee
W2001-01394-CCA-R3-PC
The Petitioner pleaded guilty to one count of aggravated burglary, two counts of robbery and one count of theft under $500.00. Following a sentencing hearing, the trial court sentenced the Petitioner as a Range III persistent offender to twelve years for the aggravated burglary conviction, thirteen years for each of the robbery convictions, and eleven months and twenty-nine days for the misdemeanor theft conviction. The sentencing court imposed consecutive sentences for the robbery convictions, resulting in an effective sentence of twenty-six years in the Tennessee Department of Correction. This Court affirmed the sentences on appeal, and the Tennessee Supreme Court denied the Petitioner's application for permission to appeal. The Petitioner subsequently filed for post-conviction relief, claiming that his plea was constitutionally defective because he was inadequately represented and that his plea was not voluntarily, knowingly, and intelligently entered. The trial court denied relief. After review, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 02/22/02 | |
| Harrison M.X. Pearison v. Donal Campbell,
M2000-01105-COA-R3-CV
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 02/22/02 | |
| Tony Makoka v. Howard Cook
M2001-01013-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 02/22/02 | |
| Estate of Theresa Cunningham
M2001-01965-COA-R3-CV
The plaintiff filed a claim against the estate of the deceased more than eighteen months after the first publication of notice to creditors and twenty months after her death. The trial court granted him a judgment against the estate for the full amount of his claim. We reverse.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Floyd Don Davis |
Franklin County | Court of Appeals | 02/22/02 |