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| State vs. Steve Jackson
E1999-02013-CCA-R3-CD
A Knox County jury convicted the defendant of aggravated burglary. For this offense the trial court sentenced him to twelve years as a Range III, persistent offender. Through the instant appeal the defendant challenges both the validity of his convictions and his sentence. More specifically, he alleges that the evidence is insufficient to support the jury's verdict of guilty; that the trial court did not appropriately carry out its role as the thirteenth juror; that the copies of prior convictions used to enhance his sentence were not properly certified; and that one of these prior convictions from another state should not have been utilized in sentencing because the State failed to prove that the offense would have been a crime in Tennessee. After reviewing the record, we find that these claims lack merit and, therefore, affirm the lower court's actions.
Authoring Judge: Judge Jerry Smith
Originating Judge:Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 09/27/00 | |
| State vs. Bruce Adams
E2000-00298-CCA-R3-CD
The defendant, Bruce Adams, appeals his convictions of resisting arrest and disorderly conduct and the manner of service of his effective six-month sentence. The trial court ordered ten days of confinement and probated the balance of the sentence. The resisting arrest conviction is supported by sufficient evidence, and we affirm that conviction and the sentence, including the confinement term. However, because we find insufficient evidence to support the disorderly conduct conviction, we reverse it and dismiss that charge.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/27/00 | |
| State vs. William Terrell Hampton
E2000-00582-CCA-R3-CD
The defendant appeals his conviction for aggravated sexual battery, contending that the evidence is insufficient to support his conviction, the trial court erred in admitting evidence of a fresh complaint, and the trial court erred in imposing a nine-year sentence. We affirm the defendant's conviction and sentence.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Carroll L. Ross |
Bradley County | Court of Criminal Appeals | 09/27/00 | |
| State vs. Kimberly Greene
E1999-02200-CCA-R3-CD
The defendant appeals from her Blount County Circuit Court conviction and sentence for criminal responsibility for rape of a child, a Class A felony. The trial court sentenced the defendant as a child rapist to 25 years incarceration in the Department of Correction. In this direct appeal, the defendant complains that the videotaped statement she made in response to questioning at the police station should have been suppressed; that the videotaped statement contained inadmissible references to uncharged misconduct; that the cautionary instruction about the evidentiary value of the videotaped statement was inadequate; that her sentence is excessive; and that she should have been sentenced as a Range I, standard offender with a 30 percent release eligibility date. We affirm the defendant's conviction and sentence.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/27/00 | |
| Barry King v. City of Belle Meade, and
M1999-01432-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this case, the employee contends the trial court erred in failing to award workers' compensation disability and/or medical benefits to the employee based upon his work-related hypertension and heart disease. As discussed below, the panel has concluded the trial court's dismissal of the employees workers' compensation claims should be affirmed. Tenn. Code Ann. _5-6-225(e)(3) Appeal as of Right; Judgment of the Chancery Court Affirmed Turnbull, Sp. J., in which Drowota, J., and Loser, Sp. J., joined. Daniel Carlton Todd, Nashville, Tennessee, for the appellant, Barry King. Teresa Reall Ricks, Farrar & Bates, Nashville, Tennessee, for the appellees, City of Belle Meade and TML Risk Management Pool, Inc., Appellees. MEMORANDUM OPINION The employee, Barry King ("King"), was employed as a police officer for the City of Belle Meade from January 1988 to September 1997. The City of Belle Meade is insured by TML Risk Management Pool, Inc. On January 6, 1988, prior to his employment as a police officer for the City of Belle Meade, King underwent a physical examination which failed to reveal any presence of hypertension or heart disease. On August 12, 1995, King was diagnosed with an irregular heartbeat and high cholesterol. The following day, he was hospitalized with chest pains. King continued his duties as a police officer for the City of Belle Meade after his release from the hospital. Upon the advice of King's cardiologist nearly two years later, King was referred to and treated by Dr. Marcus C. Houston, M.D., for high blood pressure, high cholesterol, coronary heart disease, carotid artery obstruction, and a history of transient ischemic attacks since June 3, 1997. On September 4, 1997, Dr. Houston suggested to King that he no longer continue to work as a police officer because the stress related to King's job as a police officer constituted a danger to King's health. On September 5, 1997, King terminated his employment as a police officer and submitted his First Report of Work Injury. King claims workers' compensation disability and/or medical benefits based upon his work-related hypertension and heart disease. He argues that job stress caused high blood pressure which in turn caused his heart disease. The employee insists he suffers an occupational disease under Tenn. Code Ann. section 5-6-31[6]. Subsequent to King's filing for workers' compensation, an independent health examination was conducted by Dr. Hal M. Roseman, M.D., who evaluated King's medical records, checked the calibration of King's blood pressure monitor, performed a physical examination of King, and had a psychological test of King performed. Dr. Roseman concluded to a reasonable degree of medical certainty that King's medical condition was not proximately caused by his employment as a police officer. Neither Dr. Roseman nor Dr. Houston can be characterized as a professional witness who commonly testify in worker's compensation cases. Charles Vincent Perry, Jr., the Chief of Police for Belle Meade, testified that King's duties as a police officer for the City of Belle Meade consisted of general patrol duties, specifically as a DUI enforcement officer. King does not specifically claim that any particular incident or event in performing his duties as a police officer precipitated his hypertension or coronary heart disease. From the above summarized evidence, the trial judge found that sufficient medical evidence rebutted the presumption, supplied by Tenn. Code Ann. _7-51-21(a)(1), that King's hypertension and heart disease were "accidental injur[ies] suffered in the course of employment." The trial court held that the employee failed to cite to a specific event or occurrence that precipitated his hypertension and heart disease. ISSUES Did the trial court properly find and conclude that the employee's heart disease is not compensable? [2]
Authoring Judge: Turnbull, Sp. J.
Originating Judge:Hon. Irvin H. Kilcrease, Jr., Chancellor |
Davidson County | Workers Compensation Panel | 09/27/00 | |
| Bobby Lee Tate vs. State
E2000-00796-CCA-R3-CD
The petitioner appeals the trial court's denial of his "Motion to Vacate Judgment." Even though we treat the motion as a petition for habeas corpus relief and countenance the appeal via Tennessee Rule of Appellate Procedure 3(b), the record supports the trial court's determination that the factual allegations of improper or invalid judgments are unfounded. Thus, the trial court's denial of the motion or petition is affirmed.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 09/27/00 | |
| State vs. Ricky Lee Netherton
E2000-01016-CCA-R3-CD
The defendant appeals his conviction for especially aggravated robbery, contesting the validity of the indictment and the length of his sentence. We affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Lillie Ann Sells |
Cumberland County | Court of Criminal Appeals | 09/27/00 | |
| State vs. Joshua Webster
E1999-02203-CCA-R3-CD
The defendant appeals the trial court's denial of probation or split confinement as the manner of serving his eight-year rape sentence. Because the record supports the trial court's imposition of an incarcerative sentence, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/27/00 | |
| Christopher J. Moore vs. Robert S. Johnson, et al
E2000-00385-COA-R3-CV
This is a personal injury action arising out of an automobile accident. The jury returned a verdict in favor of the plaintiff, finding that the defendant and an unidentified driver were equally at fault in causing the accident. The defendant appeals, raising issues that require us to determine whether there is material evidence in the record to support the jury's verdict. We conclude that there is material evidence to support the verdict and thus affirm the judgment.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 09/26/00 | |
| State vs. Treva Dianne Green
E1999-02204-CCA-R3-CD
The defendant appeals from her Blount County Circuit Court conviction and sentence for driving under the influence, a Class A misdemeanor. The trial court sentenced the defendant to eleven months and 29 days in the Blount County Jail, all of which was suspended except for service of eight days incarceration. The jury imposed a fine of $1,500. In this direct appeal, the defendant complains that the evidence is insufficient to support her conviction, that statements she made to the arresting officer should have been suppressed, that prosecutorial misconduct taints the verdict, that the jury should have been charged on reckless driving as a lesser-included offense, and that her sentence and fine are excessive. We affirm the judgment of the trial court, as modified.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Jimmy Cullop
E2000-00095-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/26/00 | |
| Steamfitters vs. Phillip Morris
W1999-01061-COA-R9-CV
Union health and welfare funds brought an action against tobacco companies and their trade associations to recover the funds' costs of treating their participants' smoking-related illnesses. The tobacco companies moved to dismiss the complaint, arguing that the funds' economic injuries were derivative of the participants' physical injuries and, consequently, too remote for recovery. The trial court granted the motion to dismiss on the funds' antitrust claim but denied the motion on the funds' claims for fraud and deceit, misrepresentation, conspiracy and violation of the Tennessee Consumer Protection Act. Permission for interlocutory appeal was granted to the tobacco companies by both the trial court and the appellate court. We affirm the trial court's dismissal of the antitrust claim and reverse the trial court's denial of the motion to dismiss on the remaining claims, finding the plaintiffs' alleged injuries are too remote, as a matter of law, to permit recovery. The cause is remanded for entry of an order dismissing the plaintiffs' complaint.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:James F. Russell |
Shelby County | Court of Appeals | 09/26/00 | |
| State vs. Amy Boyd
E1999-02218-CCA-R3-CD
The defendant was indicted on two counts of aggravated assault. A Hawkins County jury found her guilty of one count and not guilty of the other. In this appeal as of right, the defendant challenges the sufficiency of the convicting evidence and the trial court's denial of alternative sentencing. Upon a thorough review of the record, we conclude the evidence was sufficient to sustain the defendant's conviction for aggravated assault and that alternative sentencing was properly denied. Thus, the judgment of the trial court is affirmed.
Authoring Judge: Judge Joe G. Riley
Originating Judge:James E. Beckner |
Hawkins County | Court of Criminal Appeals | 09/26/00 | |
| State vs. James Douglas Hampton
E1999-00115-CCA-R3-CD
The defendant appeals from the trial court's revocation of his probation. The defendant admits that he materially violated his probation, but contends that the trial court's disposition of the case was improper. The judgment of the trial court is affirmed.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/26/00 | |
| State s. Anthony Lynn Wyrick
E1999-02206-CCA-R3-CD
The defendant was convicted of two counts of aggravated rape and sentenced to concurrent terms of life without parole as a repeat violent offender. He challenges the sufficiency of the presentment, the sufficiency of the evidence, the admission of the victim's in-court identification of him as the attacker, the exclusion of evidence of a prior false accusation of rape by the victim, his inability to discover the victim's rape crisis center file, and the constitutionality of the repeat violent offender statute under which he was sentenced. Because the defendant should have been allowed to impeach the victim by cross-examining her about the prior false accusation of rape, we reverse the judgments of conviction and remand the case for a new trial.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 09/26/00 | |
| State vs. James McBride
E2000-00096-CCA-R3-CD
The defendant appeals his convictions for two counts of first degree murder and one count of attempted first degree murder. He contends that the evidence is insufficient to show premeditation, that his confession should have been suppressed, that the trial court erred in admitting gory photographs of the victims and of the motor vehicle, and that the trial court erred in sentencing him to consecutive sentences. We affirm the convictions and the sentence.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Wendell Lewis
W2001-03098-CCA-R3-CD
When the defendant's status on community corrections was revoked, the trial court should have given the defendant credit for the time served in the community corrections program. We, therefore, reverse and modify the judgment of the trial court.
Authoring Judge: Judge John Everett Williams
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Nathaniel Lynn Crockett
E1999-00694-CCA-R3-CD
The Defendant pleaded guilty to two counts of burglary and two counts of theft over $1,000. The trial court sentenced the Defendant to two years for each count of theft over $1,000 and to one year for each count of burglary. The trial court ordered that all sentences be served concurrently and that the Defendant serve six months in the county jail followed by intensive probation for the remainder of the sentence. The Defendant was ordered to pay $2,500 in restitution and to perform one hundred hours of community service. On appeal, the Defendant argues that the trial court erred in sentencing him to six months in confinement. Finding no error, we affirm.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/26/00 | |
| Rhea E. Burns, Jr. vs. New York Life Ins. Co. & Robert H. Noe
E2000-00158-COA-R3-CV
Plaintiff, an insurance sales agent for New York Life Insurance Company, alleged that he entered into an oral agreement with another New York Life Insurance agent for the two agents to sell life insurance policies to a particular family and share the sales commissions. Some time later, a dispute arose between Plaintiff and the second New York Life Insurance agent over who was entitled to receive certain sales commissions. After Plaintiff did not receive a share of those sales commissions, he sought the assistance of New York Life in resolving his dispute with the second agent. New York Life accepted statements from both agents and then declined to intervene on Plaintiff's behalf. Plaintiff brought suit against the second agent and New York Life, but later non-suited the claim against the agent. Plaintiff alleged that New York Life was contractually required to make a decision in a commission dispute between its agents, and that if it had made a decision, the industry standard practice would have required the company to decide in his favor. He sought damages from New York Life for breach of contract and under a quantum meruit theory. The Trial Court granted New York Life's Motion for Summary Judgment. Plaintiff appeals. We affirm the Judgment of the Trial Court.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Harold Wimberly |
Knox County | Court of Appeals | 09/26/00 | |
| State vs. Robbie Carriger
E2000-00823-CCA-R3-CD
The state challenges the trial court's order placing the defendant, Robbie Carriger, on pretrial diversion based upon its finding that the prosecutor abused his discretion for failing to consider all the factors relevant to pretrial diversion in his written response denying diversion. The state contends that the trial court erred in refusing to consider the prosecutor's amended response to the application for pretrial diversion. We hold that the trial court properly refused to consider the prosecutor's amended response, but we reverse the trial court's automatic grant of pretrial diversion and remand the case for the trial court to consider the defendant's entitlement to pretrial diversion in light of the relevant factors.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Robert E. Cupp |
Carter County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Randall Best
E1999-00120-CCA-R3-CD
The defendant, Randall E. Best, appeals his first degree murder conviction and the resulting sentence of life without parole. He contends: (1) that the evidence is insufficient to show premeditation and deliberation, (2) that certain photographs of the victim were inadmissible at the sentencing phase of the trial, and (3) that the felony murder aggravating circumstance does not sufficiently narrow the class of death-eligible offenders when the jury convicts the defendant of both premeditated murder and felony murder. We hold that the evidence is sufficient, that the challenged photographs are admissible because they are relevant to the aggravating and mitigating circumstances, and that the jury properly based the defendant's sentence on the felony murder aggravator. We affirm the trial court's judgment of conviction.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Carroll L. Ross |
Monroe County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Roy Ray Wallace
E2000-00046-CCA-R3-CD
The defendant appeals his convictions for burglary and theft of property valued at less than five hundred dollars. He challenges the sufficiency of the evidence in light of the uncorroborated testimony of an accomplice, the admissibility of a recording of his co-defendant's testimony, and the length of his sentence. We affirm the convictions and sentences.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:O. Duane Slone |
Grainger County | Court of Criminal Appeals | 09/26/00 | |
| Rongie Taylor vs. State
M2002-01780-CCA-R3-PC
The post-conviction court denied the appellant's petition for post-conviction relief following his guilty plea to robbery with an agreed five-year sentence. In this appeal, the appellant argues: (1) his guilty plea was not entered voluntarily and knowingly; and (2) his trial counsel failed to provide him effective assistance relating to the entry of his plea. We affirm the judgment of the post-conviction court.
Authoring Judge: Judge Jerry Smith
Originating Judge:James L. Weatherford |
Warren County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Almeer Nance
E2000-00170-CCA-R3-CD
Following the transfer of his case from juvenile court, a Knox County grand jury indicted the defendant on one count of premeditated murder, one count of felony murder, one count of especially aggravated robbery, two counts of especially aggravated kidnapping, three counts of aggravated robbery, one count of aggravated assault, and two counts of theft over one thousand but under ten thousand dollars. Prior to trial the defendant filed an unsuccessful motion to suppress the statement he gave to authorities. The case proceeded to trial wherein the defendant was convicted as charged on seven of the aforementioned counts: more specifically, the jury found him guilty of the felony murder, especially aggravated robbery, especially aggravated kidnapping, and aggravated robbery offenses. For these crimes he received an agreed upon effective sentence of life plus twenty-five years in prison. He then filed a "Motion for Judgment of Acquittal, or in the Alternative, Motion for New Trial" alleging the trial court erred in failing to suppress his statement. After the denial of this motion, the defendant brought the instant appeal again raising the suppression issue. However, upon reviewing the record and applicable case law, we affirm the trial court's denial of the motion to suppress the defendant's statement.
Authoring Judge: Judge Jerry Smith
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 09/26/00 | |
| Slater Belcher vs. State
E1999-02287-CCA-R3-PC
Authoring Judge: Judge Jerry Smith
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/26/00 |