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| Jason Kim vs. Nancy Boucher
W2000-00427-COA-R3-CV
A minor pedestrian and his father sued automobile driver for personal injury damages sustained by minor when struck by driver's vehicle. The trial court directed a verdict for the automobile driver at the close of plaintiff's proof. Plaintiff has appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 11/27/00 | |
| Terry Lynn vs. City of Jackson
W1999-01695-COA-R3-CV
Plaintiffs, personal representative of decedent, an adult child of decedent, and a minor child of decedent, filed a wrongful death suit more than one year after decedent's date of death against the City of Jackson pursuant to the Tennessee Governmental Tort Liability Act (TGTLA). Plaintiffs had filed suit within one year of the date of death in federal court, and after federal court dismissed the case, they filed the instant case two days later in circuit court. The circuit court dismissed plaintiffs' case because it was not filed within one year of the accrual of the cause of action as mandated by TGTLA. Plaintiffs have appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Roy Morgan |
Madison County | Court of Appeals | 11/27/00 | |
| Elpidio Placencia vs. Lauren Placencia
W1999-01812-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 11/27/00 | |
| HMC Technologies Corp.vs. Siebe, Inc.
E2000-01093-COA-R3-CV
In this declaratory judgment action, the plaintiff, HMC Technologies Corp. a/k/a HMC Technologies, Inc. ("HMC"), sued to enforce an indemnification provision contained in a proposal submitted to, and accepted by, the defendant, Siebe, Inc.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 11/27/00 | |
| Elpidio Placencia vs. Lauren Placencia
W1999-01812-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 11/27/00 | |
| State vs. Johnnie Bell, Jr.
E1999-00819-CCA-R9-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 11/27/00 | |
| Mary Slack vs. Bryan Antwine
W2000-00961-COA-R3-CV
Plaintiffs sued to quiet title to property and to establish boundary line. The trial court found that the deed description of plaintiffs' property established their title to the disputed property. Defendant has appealed. We affirm the judgment of the trial court.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Joe C. Morris |
Henderson County | Court of Appeals | 11/27/00 | |
| Alvin Vonner vs. State
M2000-00566-CCA-R3-CD
The petitioner, Alvin Vonner, appeals the Hickman County Circuit Court's summary dismissal of his petition for habeas corpus relief and alleges that his 60 year second degree murder sentence has expired. Because the record fails to establish that the sentence has expired, we affirm the dismissal of the petition.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Timothy L. Easter |
Hickman County | Court of Criminal Appeals | 11/22/00 | |
| Stephen L.Carey vs. State
E2000-00847-CCA-R3-PC
This is a post-conviction appeal. The petitioner is currently serving life as an habitual criminal plus a consecutive 105 years for other offenses, all imposed in 1987. The petitioner timely filed three petitions for post-conviction relief challenging his guilty pleas for offenses occurring in 1969, 1981, and 1983, all of which were subsequently used to establish his habitual criminal status. The petitioner attempted to amend his petitions for post-conviction relief by challenging two of his 1987 convictions, but it was denied as untimely. All petitions were dismissed by the trial court after a hearing. In this appeal as a matter of right, the petitioner contends (1) he received ineffective assistance of counsel and inadequate advice of his constitutional rights from the trial court, thereby rendering his guilty pleas involuntary and unknowing; and (2) the post-conviction court erroneously dismissed his amendment to the petition for post-conviction relief. After a thorough review of the record, we conclude that the post-conviction court correctly denied post-conviction relief.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 11/22/00 | |
| State vs. Vance Shelton
E2000-01632-CCA-R3-CD
Defendant was convicted of rape of a child and aggravated sexual battery. The defendant was sentenced to twenty-five years for rape of a child and twelve years for aggravated sexual battery, to run consecutively to each other and consecutively to a prior four-year sentence. In this appeal, the defendant makes the following allegations: (1) the evidence was insufficient to support his convictions; (2) the trial court erred in failing to grant a mistrial due to a variance between the indictment and the state's proof at trial; (3) the trial court erred in ruling his prior convictions for arson would be admissible if he testified; and (4) his sentences are excessive. Upon our review of the record, we remand for modification of the judgment for aggravated sexual battery to reflect the proper date of the offense, but affirm the judgments in all other respects.
Authoring Judge: Judge Joe G. Riley
Originating Judge:James E. Beckner |
Greene County | Court of Criminal Appeals | 11/22/00 | |
| State vs. DeWayne Greene
E1999-01288-CCA-R3-CD
Defendant, Dewayne Greene, was convicted by a guilty plea of simple assault, resisting arrest, evading arrest, and reckless endangerment in Hamblen County Circuit Court. The trial court sentenced Defendant to eleven months and twenty-nine days, with three-hundred days to be served in confinement. Defendant was also indicted by the Jefferson County Grand Jury for two counts of aggravated assault arising from incidents involving the same victim as those which generated the Hamblen County indictments. Defendant pled guilty in the Jefferson County Circuit Court with the condition that the trial court "reserve an entry of conviction" until the court heard Defendant's motion to dismiss on grounds of double jeopardy. After the trial court heard and denied Defendant's motion, it sentenced Defendant as a Range I offender to concurrent terms of six years for each count of aggravated assault. In this appeal, Defendant argues that (1) double jeopardy bars the Jefferson County convictions because Defendant's previous Hamblen County convictions were based upon the same conduct, and (2) Defendant's sentence for the aggravated assault convictions is excessive. After a thorough review of the record, we find that only Defendant's sentencing issue is properly before this Court. Defendant failed to properly reserve the double jeopardy issue as a certified question of law for appellate review. We affirm the sentence of six years for count 1 and reduce the sentence for count 2 to five years; the total effective sentence remains at six years.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:O. Duane Slone |
Jefferson County | Court of Criminal Appeals | 11/22/00 | |
| State vs. Ernest B. Eady
E2000-00722-CCA-R3-CD
The defendant appeals from his conviction for second degree murder, contesting the sufficiency of the evidence, the timeliness of the state's disclosure of a potentially exculpatory witness, and the trial court's failure to declare a mistrial. We affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 11/22/00 | |
| State vs. Coley
M1997-00116-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
|
Supreme Court | 11/22/00 | ||
| State vs. Jeffrey Dwight Whaley
E2000-00646-CCA-R3-CD
The trial court dismissed defendant's DUI presentment, finding a denial of the right to a preliminary hearing. Upon the state's appeal, we find no evidence of bad faith by the state. Accordingly, we reverse and remand to the trial court for further proceedings consistent with this opinion.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 11/22/00 | |
| State vs. Danny Harold Ogle
E2000-00421-CCA-R3-CD
Defendant entered a best interest plea of guilty to vehicular homicide by recklessness. The plea attempted to reserve a certified question of law relating to the destruction of evidence; namely, the victim's vehicle. Specifically, defendant contends the destruction of the vehicle while it was under state control deprived him of due process, and the trial court should have dismissed the indictment. Upon our review of the record, we conclude that we have no jurisdiction to address the certified question. The appeal is dismissed.
Authoring Judge: Judge Joe G. Riley
|
Sevier County | Court of Criminal Appeals | 11/22/00 | |
| State of Tennessee v. Harold L. Green
E2000-00616-CCA-R10-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 11/22/00 | |
| State vs. Jason Beeler
W1999-01417-CCA-R3-CD
The defendant appeals from jury trial convictions for reckless homicide, felony murder, aggravated burglary, and two counts of especially aggravated kidnapping. In this appeal, the defendant alleges insufficient evidence, errors in admitting certain evidence, prosecutorial misconduct, improper instructions, and error in denying his writ of error coram nobis. Concluding that it was reversible error to not instruct on the lesser-included offenses of felony murder, we remand for a new trial on the felony murder count. We affirm the remaining convictions.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:William B. Acree |
Obion County | Court of Criminal Appeals | 11/22/00 | |
| State vs. Deborah Graham & Denice Smith
E1999-02248-CCA-R3-CD
After a jury trial, a Cocke County jury found the Defendants, Deborah Graham and Denice Smith, guilty of the first degree murder of Aaron Smith. Following a sentencing hearing, the trial court sentenced both Defendants to life imprisonment with the possibility of parole. In this appeal as of right, the Defendants raise the following issues: 1) whether the trial court erred in not dismissing the indictments because of the State's failure to provide the Defendants with a speedy trial; 2) whether the trial court erred by allowing the State to decide not to consolidate Alexandro Rivera's case with the Defendants' case, because of a potential Bruton problem, without first granting the Defendants an opportunity to be heard on the issue; 3) whether the trial court erred in failing to sever Defendant Smith's case from Defendant Graham's case; 4) whether the trial court erred in consolidating Defendant Graham's case with Defendant Smith's case; and 5) whether the evidence was sufficient to convict each of the Defendants of first degree murder. After a thorough review of the evidence and the applicable law, we affirm the decision of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Rex H. Ogle |
Cocke County | Court of Criminal Appeals | 11/22/00 | |
| State s. Ricky Eugene Cofer
E2000-00532-CCA-R3-CD
Defendant was indicted for aggravated robbery, and a Roane County jury found him guilty of the lesser offense of simple robbery, a Class C felony. The trial court sentenced him to six years as a Range II, multiple offender, to be served consecutively to a prior Anderson County sentence. In this appeal, defendant makes the following allegations: (1) the evidence was insufficient to support his conviction; (2) the jury foreman impermissibly interjected extraneous information into the jury deliberations; and (3) consecutive sentences were not warranted. Upon our review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 11/22/00 | |
| Tinkham vs. Beasley
M1999-02809-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Clara W. Byrd |
Wilson County | Court of Appeals | 11/22/00 | |
| White vs. Revco Discount Drug Centers, Inc.
E1999-02023-SC-R11-CV
We granted permission to appeal in this case to address whether a private employer may be held liable for the negligent actions of an off-duty police officer who was hired by the employer for private security purposes. In the circuit court, the defendant employer moved to dismiss the plaintiffs' wrongful death action for failure to state a claim, and the motion was granted by the trial judge. The Court of Appeals affirmed the dismissal, holding that the actions of the off-duty officer were taken in furtherance of his official duties as a peace officer, and therefore, the defendant employer could not be held liable for the officer's negligent actions. After reviewing the complaint in this case, along with the applicable legal authority, we hold that the complaint does state a claim against the defendant employer for the negligence of the off-duty officer. The judgment of the Court of Appeals is reversed, and the case is remanded to the Knox County Circuit Court for further proceedings consistent with this opinion.
Authoring Judge: Justice William M. Barker
Originating Judge:Dale C. Workman |
Knox County | Supreme Court | 11/22/00 | |
| State vs. Garrison
E1997-00045-SC-R11-CD
The defendant, John C. Garrison, was convicted by a jury of solicitation to commit first degree murder. In this appeal, he raises two issues: (1) whether trial counsel's failure to communicate a plea bargain offer from the State is per se prejudicial to the extent necessary to satisfy the prejudice prong of Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984); and (2) whether the trial court committed reversible error when it failed to instruct the jury that the "request," as used in the statutory definition of the offense of solicitation, must be intentional. After a thorough consideration of the record and a full review of the authorities, we conclude that trial counsel's failure to communicate a plea bargain offer does not demonstrate, alone, prejudice sufficient to satisfy the second prong of Strickland. We conclude also that the trial court's omission of certain required language from the jury instruction constitutes harmless error. The judgment of the Court of Criminal Appeals is, therefore, reversed and the case is dismissed.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Thomas W. Graham |
Bledsoe County | Supreme Court | 11/22/00 | |
| Darrick Edwards vs. State
E1999-01204-CCA-R3-PC
The petitioner, Darrick Edwards, appeals the trial court's denial of his petition for post-conviction relief. Because the petitioner was provided the effective assistance of counsel and knowingly and voluntarily entered his pleas of guilt to first degree murder, conspiracy to commit first degree murder, aggravated robbery, and conspiracy to commit aggravated robbery, the judgment is affirmed.
Authoring Judge: Judge Gary R Wade
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 11/22/00 | |
| Martino vs. Dyer
M1999-02397-COA-R3-CV
The trial court granted the motion of an attorney seeking collection of a pro rata share of his fee from a hospital lien against his client's settlement. The effect of the trial court's order is to require the hospital to pay fees to an attorney it did not hire. We reverse the judgment.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:William M. Dender |
Sumner County | Court of Appeals | 11/22/00 | |
| Tinkham vs. Beasley
M1999-02809-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Clara W. Byrd |
Wilson County | Court of Appeals | 11/22/00 |