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| State vs. Jimmy Wayne Baker
M1999-00454-CCA-R3-CD
The Defendant, Jimmy Wayne Baker, was convicted by a Bedford County jury of first degree felony murder during the perpetration of or the attempt to perpetrate theft of property, first degree premeditated murder, and aggravated arson. The trial court merged the felony murder conviction with the premeditated murder conviction. The Defendant was sentenced as a Range I standard offender to life imprisonment for the first degree murder conviction and to twenty-one years and nine months incarceration for the aggravated arson conviction, to be served concurrently. The Defendant now appeals, arguing the following: (1) that the trial court erred in instructing the jury to determine whether one of the witnesses was an accomplice; (2) that the evidence presented at trial was insufficient to convict the Defendant of premeditated murder, felony murder, or aggravated arson; (3) that the trial court erred in failing to instruct the jury that they must agree unanimously on a particular set of facts to support a finding of first degree felony murder; (4) that his convictions of both premeditated murder and felony murder violated the Double Jeopardy Clause and the Supremacy Clause; (5) that the Defendant was not properly informed of the elements of and facts necessary to constitute the offense of theft of property as the underlying felony in the felony murder conviction; (6) that the Defendant's sentence for aggravated arson was excessive; and (7) that the trial court erred in failing to instruct the jury on all elements of the offenses charged. After review, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:W. Charles Lee |
Bedford County | Court of Criminal Appeals | 08/22/00 | |
| Church vs. Perales
M1997-00227-COA-R3-CV
This appeal involves a dispute between an elderly patient and her physicians regarding their treatment of a severe post-operative infection caused by a bowel perforation that occurred during gynecological surgery. The patient filed suit in the Circuit Court for Davidson County against five physicians and a hospital alleging medical battery and malpractice. The trial court granted a summary judgment to the physicians and the hospital and dismissed the patient's case. On this appeal, the patient takes issue with the summary judgment granted to her gynecologist, a consulting general surgeon, and the gynecologist attending her following surgery in her gynecologist's absence. We have determined that the trial court properly dismissed the patient's medical battery and informed consent claims against her gynecologist. However, we have also determined that the three physicians have not demonstrated that they are entitled to a judgment as matter of law on the patient's medical malpractice claim based on the delay in diagnosing and treating the bowel perforation.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Barbara N. Haynes |
Davidson County | Court of Appeals | 08/22/00 | |
| Jerrell Livingston vs. James Dukes
W2000-00840-CCA-R3-CD
This appeal results from the trial court's denial of the petitioner's petition for writ of habeas corpus based on the fact that the challenged judgment was not invalid on its face, nor had the petitioner's sentence expired. The court also considered this request as a petition for post-conviction relief but dismissed the petition for lack of jurisdiction. Based upon our review of the record, we affirm the trial court's dismissal of the petitioner's request for habeas corpus or post-conviction relief.
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 08/22/00 | |
| Shelbourne vs. Shelbourne
M1999-02557-COA-R3-CV
The trial court granted the wife a divorce, awarded her custody of the parties' minor child, divided the marital property, and ordered the husband to pay rehabilitative alimony for two years. We affirm
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 08/22/00 | |
| Goggin Truck Line Co. vs. Brake Pro
M1999-01277-COA-R3-CV
This appeal arises from a breach of contract case initiated by Goggin Truck Line Company, Inc. ("Goggin") against Brake Pro, Inc. ("Brake Pro"). Goggin sought payment for unpaid freight shipping services provided to Brake Pro. In addition, as provided for under a company tariff, Goggin sought recovery of an additional amount because of the necessity to initiate legal action. The court below found in favor of Goggin. Brake Pro appeals.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Lee Russell |
Bedford County | Court of Appeals | 08/22/00 | |
| Johnson vs. Traughber
M1999-02472-COA-R3-CV
Appellant, Edward Johnson, is an inmate in the Tennessee Department of Corrections, and in this case, he has filed a Petition for Common Law Certiorari to review a denial of parole by the Board of Paroles. The Chancery Court of Davidson County sustained a motion to dismiss his petition, and we affirm the judgment of the Chancellor.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 08/22/00 | |
| State vs. Donald Ree Jones
M2000-00381-CCA-R3-CD
The defendant, Donald Ree Jones, challenges the trial court's dismissal of his motion to correct an illegal sentence. He argues that his sentence is illegal because his agreed sentence pursuant to a guilty plea following the remand of his case was higher than his initial sentence, which was overturned on appeal. We hold that a defendant may not bring an appeal as of right from the dismissal of a motion to correct an illegal sentence and that an illegal sentence is properly challenged in a petition for habeas corpus relief. Treating this appeal as a petition for a writ of certiorari, we hold that the defendant's sentence is legal and decline to grant the petition.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:J. O. Bond |
Wilson County | Court of Criminal Appeals | 08/22/00 | |
| W1999-1453-CCA-R3-PC
W1999-1453-CCA-R3-PC
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 08/22/00 | |
| State vs. Terrence Jackson
W2001-01001-CCA-R3-CD
The defendant appeals the revocation of his probation and reinstatement of his original six-year sentence for aggravated assault. The trial court found the defendant violated the terms of his probation by failing to verify employment, failing to exhibit conduct consistent with good citizenship, and failing to comply with curfew requirements; thus, it revoked his probation. We affirm.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 08/21/00 | |
| Larry Ward on behalf of Antonio Ward
W1999-01324-COA-R3-CV
This is a dispute between Plaintiff Larry D. Ward and Defendants A.C. Gilless, Jr., The Shelby County Sheriff's Office ("Sheriff's Office"), Ted Fox, and The Shelby County Division of Public Works ("Division of Public Works") regarding the cause of an automobile accident that resulted in the death of Reco Antonio Ward ("Decedent"), Mr. Ward's son. The trial court found that the Decedent was negligent, that the Decedent's own negligence was the proximate cause of his death, and that any negligence on the part of the Defendants was exceeded by the negligence of the Decedent. For the reasons set forth below, we affirm the ruling of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 08/21/00 | |
| Dwight Seaton v. State of Tennessee
E1999-01312-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Ben W. Hooper, II |
Sevier County | Court of Criminal Appeals | 08/21/00 | |
| State vs. Clarence Weaver
E1999-02005-CCA-R3-CD
This appeal arises from the sentence that the defendant received after pleading guilty to aggravated burglary. He challenges the trial court's application of one of the four enhancement factors found, refusal to apply three mitigating factors, and refusal to place him in the Community Alternatives to Prison Program (CAPP). Based upon our review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 08/21/00 | |
| Terence A. Johnson v. Saturn Corporation
M1999-01377-WC-R3-CV
The employer, Saturn Corporation, contends the evidence preponderates against the trial court's findings as to causation and notice.
Authoring Judge: Loser, Sp. J.
Originating Judge:Ellen Hobbs Lyle, Chancellor |
Johnson County | Workers Compensation Panel | 08/21/00 | |
| State vs. William M. Hukowicz
M1999-00073-CCA-R9-CD
Following a suppression hearing, the Wilson County Criminal Court, J.O. Bond, J., ordered certain portions of the defendant's statement given to police suppressed, holding that the defendant had exercised his right to remain silent. The state filed an interlocutory appeal. The Court holds that the evidence does not preponderate against the trial court's finding that the defendant's refusal to answer other questions by stating "no comment" or a similar declaration was a proper assertion of the defendant's right to remain silent. However, the trial court should have suppressed the entire statement given following the defendant's assertion of his right to remain silent. Remanded.
Authoring Judge: Judge Jerry Smith
Originating Judge:J. O. Bond |
Wilson County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Timothy C. Hutson
M1999-00329-CCA-R9-CD
This appeal arises from the order of the Davidson County Criminal Court upholding the district attorney general's refusal to accept the application of the defendant, Timothy C. Hutson, for pretrial diversion. The defendant asserts that the trial court erred in failing to determine that the district attorney general abused his discretion by relying on facts not supported by the evidence and by failing to consider all relevant factors. We conclude that substantial evidence was before the district attorney general to support the validity of each factor relied on in denying pretrial diversion and that there was substantial evidence to show that the district attorney general considered all relevant factors. Accordingly, the judgment of the trial court is affirmed.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Jesse Ross Tolbert
E1999-02326-CCA-R3-CD
Defendant appeals as of right from his conviction of aggravated assault. At trial the trial judge did not let defense counsel question the sole prosecution witness about the witness' guilty plea to extortion and subsequent judicial diversion. The court did allow questioning regarding the facts underlying the witness' prosecution. Defendant now alleges that this evidentiary ruling violated his rights under the confrontation clauses of the United States and Tennessee Constitutions. We hold that the trial court erred. Under Tennessee Rule of Evidence 608 defense counsel should have been allowed to question the witness regarding the guilty plea and judicial diversion. However, we conclude that the error is harmless beyond a reasonable doubt. We thus affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Reggie Jones
W1999-00898-CCA-R3-CD
The defendant was found guilty of aggravated robbery, theft over $10,000 and felonious escape. The trial court merged the theft conviction into the aggravated robbery conviction. Defendant received a ten-year sentence for aggravated robbery and a consecutive one-year sentence for felonious escape. The defendant raises the following issues for review: (1) whether the defendant's prosecution in Haywood County for aggravated robbery, following an acquittal for the same offense in federal court, violated double jeopardy; (2) whether the trial court erred in failing to grant a new trial when it was discovered that a juror had a prior felony conviction; and (3) whether the defendant was improperly convicted of both aggravated robbery and the lesser-included offense of theft. Upon a review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:William B. Acree |
Haywood County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Joe W. Steward
M1999-01284-CCA-R3-CD
Because the defendant, Joe W. Steward, was lawfully stopped at a traffic enforcement roadblock, his conviction for driving under the influence, second offense, is affirmed. The issue reserved on appeal by the defendant does not warrant suppression of the evidence.
Authoring Judge: Judge Gary R Wade
Originating Judge:Cornelia A. Clark |
Lewis County | Court of Criminal Appeals | 08/18/00 | |
| State vs. James Snider
W1999-01849-CCA-R3-CD
The defendant was found guilty of rape of a child and aggravated sexual battery. He appealed, arguing that the evidence was insufficient to support a guilty verdict and that the trial court erred in allowing the victim's mother to testify to hearsay statements made by the victim, in prohibiting the defendant from questioning the victim's mother about sexual abuse in her childhood, and in sentencing the defendant in an excessive manner on the rape conviction. We conclude that these issues are without merit and affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Lee Townes
W1999-01126-CCA-R3-CD
The trial court dismissed the petitioner's post-conviction relief petition, based upon its findings that trial counsel rendered effective assistance and that the other grounds for relief had been waived or previously determined. On appeal, the record supports the trial court's judgment, and we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Julian P. Guinn |
Carroll County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Letivias Prince
M1998-00005-CCA-R3-CD
The defendant, Letivias Prince, was convicted of first degree murder and was sentenced to life imprisonment. On appeal, the defendant argues that the jury pool did not adequately represent the racial makeup of the community; that pre-trial publicity deprived him of a fair trial; that the trial court erred by permitting eight peremptory challenges in jury selection; that the trial court erred by allowing the state to either call a rebuttal witness or receive a missing witness instruction; that the trial court erred by instructing the jury regarding the order of consideration of offenses; and that the evidence was insufficient to sustain his conviction. The judgment of the trial court is affirmed.
Authoring Judge: Judge Jerry Smith
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Dana Louise Solomon
E1999-01108-CCA-R3-CD
The appellant, Dana Louise Solomon, was convicted by a jury in the Knox County Criminal Court of first degree murder and received a sentence of life imprisonment in the Tennessee Department of Correction. On appeal, she raises several issues for our review. However, because the appellant failed to timely file her motion for new trial, she has waived all issues with the exception of her challenge to the sufficiency of the evidence underlying her conviction. Moreover, the appellant failed to timely file her notice of appeal. Nevertheless, in the interest of justice, we address the sufficiency of the evidence. Upon a review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Derrick Williams
W1999-01231-CCA-R3-CD
This appeal arises from the defendant's challenge to his sentence of twelve years plus a $10,000 fine for vehicular homicide, four years for reckless aggravated assault, one year for leaving the scene of an accident, and eleven months and twenty-nine days plus a $350 fine for driving under the influence. The sentences are to be served concurrently. The defendant disputes the trial court's application of three of four enhancement factors and refusal to apply a mitigating factor in reaching the sentence. Based upon our review, we affirm the convictions for vehicular homicide, reckless aggravated assault, and leaving the scene of an accident, and reverse and dismiss the conviction for driving under the influence, this offense being merged into the conviction for vehicular homicide. Additionally, we conclude that the trial court incorrectly applied certain enhancement factors. According, we reduce the sentence for vehicular homicide to ten years and the sentence for reckless aggravated assault to three years. All sentences are to be served concurrently, as ordered by the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Dick Jerman, Jr. |
Crockett County | Court of Criminal Appeals | 08/18/00 | |
| State of Tennessee v. Kevin Wilkins
W1999-01462-CCA-MR3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Gerald W. McCullough
M1999-01525-CCA-R3-CD
The defendant, Gerald W. McCullough, was convicted of aggravated sexual battery. The trial court imposed a twelve-year sentence. In this appeal of right, the defendant contends that the trial court erred by allowing proof of more than one instance of sexual misconduct and by imposing an excessive sentence. Because the sentence was not excessive, and because the defendant waived the issue of the admissibility of uncharged sex crimes, the judgment is affirmed.
Authoring Judge: Judge Gary R Wade
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 08/18/00 |