Please enter some keywords to search.
| Karen Garrett Humphries v. David Alison Humphries
E1999-02694-R3-CV
Originating Judge:Jean A. Stanley |
Washington County | Court of Appeals | 07/18/00 | |
| State vs. Marcus Morrow
M1999-00769-CCA-R3-CD
The appellant, the State of Tennessee, appeals the order of the Maury County Circuit Court permitting the appellee, Marcus Morrow, to participate in a work release program during his forty-five-day incarceration for driving under the influence of an intoxicant (DUI), second offense. Following a review of the record and the parties' briefs, we reverse the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Jim T. Hamilton |
Maury County | Court of Criminal Appeals | 07/18/00 | |
| State vs. Reginald Tyrone Donnell
M1999-02184-CCA-R3-CD
Defendant, Reginald Tyrone Donnell, was indicted on two counts of first degree murder. A Wilson County jury found him guilty of two counts of second degree murder. Following a sentencing hearing, the trial court sentenced the Defendant to twenty-five (25) years in the Department of Correction for each count, with the sentences to run consecutively. The Defendant now appeals contending: 1) the evidence was insufficient to support convictions of second degree murder, 2) the trial court failed to exclude autopsy photographs of the victims, 3) the sentences imposed by the trial court were excessive, and 4) the trial court erred in ordering consecutive sentences. After review of the record, we affirm.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:J. O. Bond |
Wilson County | Court of Criminal Appeals | 07/18/00 | |
| Robert B. Clark v. State of Tennessee
W2007-01440-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Originating Judge:Lee V. Coffee |
Shelby County | Court of Criminal Appeals | 07/18/00 | |
| Ann Phillips v. Marvin Windows
W1999-02243-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated _5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant, Marvin Windows (Marvin), appeals the judgment of the Lauderdale Chancery Court awarding the plaintiff, Ann Phillips (Phillips), permanent partial disability of seventeen percent (17%) to the body as a whole.
Authoring Judge: William Michael Maloan, Special Judge
Originating Judge:Martha B. Brasfield, Chancellor |
Lauderdale County | Workers Compensation Panel | 07/18/00 | |
| Ronald Bradford Waller vs. State
E1999-02034-CCA-R3-PC
The petitioner was convicted in the Hamilton County Criminal Court in 1992 of first degree murder, especially aggravated robbery, and theft over $1,000, receiving an effective sentence of life plus twenty-three years. The convictions and sentences were affirmed on direct appeal in 1993; and the petitioner subsequently filed a petition for post-conviction relief, presenting as issues, whether there was a variance between the indictment and the proof, whether he was improperly compelled to participate in a courtroom demonstration, whether he received ineffective assistance of counsel at trial and on direct appeal, whether his convictions constitute double jeopardy, whether the trial court erred in evidentiary rulings, whether he was improperly convicted because of prosecutorial misconduct or cumulative errors at the trial, and whether his convictions amount to a miscarriage of justice. Finding no error, we affirm the judgment of the trial court denying the petition for post-conviction relief.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 07/18/00 | |
| William Andrew Dixon vs. Flora J. Holland, Warden
M1999-02494-CCA-R3-PC
William Andrew Dixon was convicted of kidnapping for ransom in violation of Tennessee Code Annotated section 39-2603 in April 1981 in the Circuit Court of Dickson County. The offense was committed in April 1978. Between the time of the offense in 1978, and the time of trial in 1981, kidnapping for ransom was redesignated by the legislature as the offense of aggravated kidnapping; the maximum punishment was reduced by the legislature from life imprisonment without parole to life imprisonment with the possibility of parole. The Tennessee Department of Correction maintains that it is incarcerating Petitioner under a sentence of life imprisonment without the possibility of parole. Petitioner filed a Petition for Writ of Habeas Corpus in the Criminal Court of Davidson County, asserting the judgment is illegal and void. The petition was denied. The judgment is affirmed.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 07/18/00 | |
| Henry Eugene Hodges vs. State
M1999-00516-CCA-R3-PD
The appellant, Henry Eugene Hodges, seeks post-conviction relief from his 1992 first degree murder conviction and sentence of death. The Davidson County Criminal Court denied the appellant's petition and this appeal was taken. This court is presented with the following issues: (1) the effectiveness of trial counsel; (2) the post-conviction court's failure to provide funds for expert services; and (3) the post-conviction court's denial of a continuance and refusal to bifurcate the post-conviction evidentiary hearing. Following review of the record, we conclude (1) the appellant was not denied the effective assistance of counsel; (2) the post-conviction court properly denied the appellant's request for funds for additional expert services; and (3) the post-conviction court properly denied the appellant's request for a continuance of the evidentiary hearing. Accordingly, we affirm the post-conviction court's finding that the appellant is not entitled to post-conviction relief.
Authoring Judge: Judge David G. Hayes
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 07/18/00 | |
| M2008-01607-COA-R3-PT
M2008-01607-COA-R3-PT
Authoring Judge: Judge J. Steven Stafford
Originating Judge:Larry G. Ross |
Warren County | Court of Appeals | 07/17/00 | |
| State vs. Robert Eugene Finchum
E1999-00696-CCA-R3-CD
Defendant Robert Eugene Finchum, Jr., pled guilty to one count of simple possession of LSD, one count of simple possession of marijuana, one count of possession of untaxed whiskey, and one count of possession of drug paraphernalia. Pursuant to a negotiated plea agreement, Defendant received a total effective sentence of eleven months and twenty-nine days with 30% minimum service prior to eligibility for work release, furlough, trusty status, and rehabilitative programs. Following a hearing, the trial court denied Defendant's request for probation. Defendant contends that the trial court erred when it failed to impose an alternative sentence. The judgment of the trial court is affirmed.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:James E. Beckner |
Hawkins County | Court of Criminal Appeals | 07/14/00 | |
| Joseph Canepari vs. George Summers
W2000-00527-COA-R3-CV
This is a suit for the partition of land. The Appellees brought a Complaint for Partition of Land by Sale in the Chancery Court of Fayette County. The Appellants answered and brought a counterclaim requesting the trial court to order the Appellees' one third-interest in the property to be partitioned by sale to the Appellants. The Chancery Court of Fayette County found for the Appellees, ordering the property to be sold by partition.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Dewey C. Whitenton |
Fayette County | Court of Appeals | 07/14/00 | |
| State vs. Billy Bivens
E1999-00086-CCA-R3-CD
The defendant, Billy Bivens, was convicted of official misconduct and assault. On appeal, he argues that the evidence was insufficient to sustain his convictions;that the trial court erred by failing to require the state to elect the offenses for which it sought conviction; that the jury delivered inconsistent verdicts; and that the trial court imposed an excessive sentence. Because the jury was erroneously instructed on assault as a lesser included offense of sexual battery, we reverse the assault conviction. The conviction and sentence for official misconduct are affirmed.
Authoring Judge: Judge Gary R Wade
Originating Judge:Earle G. Murphy |
McMinn County | Court of Criminal Appeals | 07/14/00 | |
| State vs. Ducker
M1997-00074-SC-R11-CD
We granted review to determine (1) whether aggravated child abuse is a lesser-included offense of the charged offense of first degree murder for the reckless killing of a child; (2) whether the knowing mens rea of aggravated child abuse refers to the conduct of the defendant or to the result of that conduct; (3) whether the evidence supports the defendant's convictions; and (4) whether the defendant was properly convicted of Class A felonies when the trial court failed to charge the jury on the age element contained in the aggravated child abuse statute.
Authoring Judge: Justice Janice M. Holder
Originating Judge:Charles D. Haston, Sr. |
Warren County | Supreme Court | 07/14/00 | |
| Beasley Cotton Co. vs. Ralph
W1999-00273-COA-R3-CV
This appeal arises from a breach of contract between Farmer and Broker. After signing a contract to deliver cotton to Broker, Farmer failed to do so. Broker was then forced to purchase the cotton elsewhere for a substantial loss and brought suit to recover the losses. At the start of the trial, Farmer requested that the trial court dismiss the case and order the parties to proceed to arbitration. Finding that Farmer had waived his rights under the contract to arbitration, the trial court refused. Proceeding with the case, court found that Farmer had breached the contract and awarded damages to Broker. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Dewey C. Whitenton |
Tipton County | Court of Appeals | 07/14/00 | |
| Willie Toles/Ida Toles vs. City of Dyersburg
W1999-01238-COA-R3-CV
The present appeal arises out of a zoning dispute between the plaintiff property owner and the City of Dyersburg, Tennessee. The property in question had been operated as a tavern since 1960. In 1998, the area in which the property was located was re-zoned as a residential area. At that point, the tavern became a non-conforming use. Prior to the re-zoning, the tavern's business license had expired and the beer license had also lapsed. The operator of the club applied for a beer permit but was denied based upon the fact that at the time of the re-zoning there was no business in operation on the premises. Therefore, the City determined that the premises could not be "grandfathered" into the new zoning classification. The Plaintiffs filed a Statutory Writ of Certiorari challenging the City's actions. The trial court held a trial de novo after which the City's actions were upheld.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Lee Moore |
Dyer County | Court of Appeals | 07/14/00 | |
| Robinson Property vs. Yoanne Russell
W2000-00331-COA-R3-CV
This case arises out of a $23,800.00 debt incurred by appellee Yo Anne Russell at the Horseshoe Casino and Hotel in Robinsonville, Mississippi. The court below granted summary judgment to Yo Anne Russell because the court held that the debt represented by the drafts is unenforceable in Tennessee due to public policy considerations embodied in section 29-19-101 of the Tennessee Code. Plaintiff appeals from the court below, arguing that the trial court erred in granting summary judgment to Defendant Yo Anne Russell. For the reasons stated hereafter, we reverse the judgment of the trial court.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:D'Army Bailey |
Shelby County | Court of Appeals | 07/14/00 | |
| Hansom Davis vs. Alfred Earls
W2000-00280-COA-R3-CV
This is a suit by a prisoner against his former lawyer. The prisoner, convicted of rape and other crimes, was represented by the defendant, a former assistant public defender, in an unsuccessful attempt to obtain post-conviction relief. The prisoner later sought post conviction relief again in Circuit Court, proffering an affidavit purportedly signed by his victim recanting her statement that the prisoner had raped her. By this time, the defendant was no longer an assistant public defender, but had become employed as an assistant district attorney general. The defendant received information that the affidavit proffered by the prisoner was a forgery, and instigated proceedings that led to the prisoner's indictment for subornation of perjury. The prisoner sued the defendant attorney for breach of contract, official misconduct, and negligence per se. The trial court granted the defendant's motion to dismiss and/or for summary judgment. The prisoner appeals, and we affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 07/14/00 | |
| Victor Williams vs. Percey Pitzer
W2000-00028-COA-R3-CV
This is a habeas case. A Wisconsin inmate housed in a Tennessee prison filed a petition for a writ of habeas corpus. The prisoner was incarcerated in Tennessee pursuant to a contract between the Wisconsin correctional department and a private corporation. In his petition, the prisoner alleged that the Wisconsin correctional department did not have the authority to transfer him across state lines, and thus, his incarceration in Tennessee was illegal. The trial court dismissed his petition for failure to state a claim upon which relief can be granted. The plaintiff prisoner appealed. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 07/14/00 | |
| State vs. Frederick Cavitt
E1999-00304-CCA-R3-CD
While incarcerated in the Tennessee Department of Correction, the defendant was indicted for aggravated assault, pled guilty to the lesser included offense of simple assault, and received a sentence of eleven months and twenty-nine days. The defendant moved for pretrial jail credits, in the amount of three hundred and twenty-one days, calculated from the day the arrest warrant was served to the day the judgment was entered. We conclude that the defendant is not entitled to the claimed jail credits and therefore affirm the trial court's order dismissing the defendant's Motion to Modify Judgment to Reflect Jail Credits. We modify the sentence to indicate service in either the Carter County Jail or workhouse.
Authoring Judge: Judge John Everett Williams
Originating Judge:Robert E. Cupp |
Carter County | Court of Criminal Appeals | 07/13/00 | |
| In the Matter of T.S. and M.S.
M1999-01286-COA-R3-CV
This case involves the termination of parental rights regarding two children who were removed from the parental home by the Department of Children's Services in 1995 and placed in foster care. The mother was ordered to take steps to remedy the deficiencies in the home and made some efforts to comply. After four years, DCS petitioned to terminate the mother's parental rights. The trial court found that the mother had failed to substantially comply with the Plan of Care and terminated the mother's rights on grounds (1) that the conditions that led to the children's removal continued to persist with little likelihood of remedy and (2) that the mother was incompetent to adequately provide for the children. Because DCS has established grounds for termination and has also established that termination is in the best interest of the children, we affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ben Hall Mcfarlin |
Rutherford County | Court of Appeals | 07/13/00 | |
| City of Murfreesboro vs. Pierce Hardy Real Estate, Inc.
M2000-00562-COA-R9-CV
This case involves a dispute between the City of Murfreesboro and a landowner over the value and the acreage of a tract of land taken by the city to be used for a greenway along the Stones River. The city appeals the trial court's denial of a motion in limine that the city filed to exclude testimony of the landowner's appraiser. The motion stated that the expert's testimony relied on an inadmissible method of valuation and should, therefore, be excluded. Additionally, the landowner appeals the trial court's ruling that the landowner did not own a .61 acre portion of the of the land taken because, as it sits at the bottom of a navigable waterway, it is not subject to private ownership.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 07/13/00 | |
| Vonkrosigk vs. Rankin
M1999-02254-COA-R3-CV
Buyer in real estate sale contract contingent on obtaining the financing sued for return of earnest money after she failed to qualify for a loan to finance to purchase. The trial court found that buyer acted in good faith in attempting to secure financing and entered judgment for buyer. Sellers have appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Don Ash |
Rutherford County | Court of Appeals | 07/13/00 | |
| Murphy vs. Martin
M1999-02273-COA-R3-CV
The trial court dismissed this negligence action for the failure to prosecute. On appeal the plaintiff asserts that she did not have adequate notice that her lawsuit was in jeopardy. We affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Hamilton V. Gayden, Jr. |
Davidson County | Court of Appeals | 07/13/00 | |
| Dept. of Children's Services v. T.L.C.
M2003-00509-COA-R3-JV
In this appeal the Appellant, R.L.P, Sr., argues that the Trial Court erred in terminating his parental rights to his son, R.L.P., Jr. We vacate the judgment of the Trial Court and remand.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Timothy R. Brock |
Coffee County | Court of Appeals | 07/13/00 | |
| Geldreich vs. Hall
M1999-02258-COA-R3-CV
This appeal arises from a suit initiated by Geldriech ("Investors") alleging breach of fiduciary duty, fraud, and conversion by Hall in his capacity as corporate officer. When Hall failed to answer and appear for hearing, Investors' motion for default judgment was granted. Thereafter, Hall filed a motion to strike the default judgment that was denied by the court below. Hall appeals the trial court's failure to grant him relief from the default judgment.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Leonard W. Martin |
Dickson County | Court of Appeals | 07/13/00 |