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| State vs. Freddie Norment
W1999-01928-CCA-R3-CD
The defendant was convicted of aggravated assault for wounding a jail cell mate with a homemade knife. On appeal, the defendant raises the following issues: whether the jury's verdict was supported by the evidence; whether the trial court erred in denying the defendant's motion to examine a potential witness outside the jury's presence; and whether the trial court erred in failing to issue curative jury instructions after the allegedly improper testimony of a prosecution witness. Based upon our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Jon Kerry Blackwood |
Fayette County | Court of Criminal Appeals | 07/11/00 | |
| State of Tennessee v. Shunna Demetria Hilliard
W1999-00483-CCA-R3-CD
Authoring Judge: Judge Cornelia A. Clark
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 07/11/00 | |
| State vs. Deshawn McClenton
W1999-00879-CCA-R3-CD
The Defendant, DeShawn McClenton, was convicted by a Shelby County jury of the offenses of aggravated robbery and especially aggravated kidnapping. The trial court sentenced the Defendant as a career offender to thirty years imprisonment for the aggravated robbery conviction and to sixty years imprisonment for the especially aggravated kidnapping conviction, with the sentences to be served consecutively. In this appeal as of right, the Defendant argues (1) that the evidence regarding his identity as the perpetrator was insufficient to support the convictions, (2) that the trial court erred in ruling that his prior aggravated robbery conviction and his three prior attempted second degree murder convictions were admissible to impeach his credibility if he chose to testify, and (3) that the movement and confinement of the victim were essentially incidental to the accomplishment of the aggravated robbery and were therefore insufficient to support a separate conviction for kidnapping. We find no error and affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 07/11/00 | |
| State vs. Manolito Jemison
M1999-00752-CCA-R3-CD
The defendant was found guilty by a Davidson County jury of the lesser offense of voluntary manslaughter on one count of first degree premeditated murder and the lesser offense of reckless homicide on one count of felony murder. The counts were merged into one conviction for voluntary manslaughter, and the defendant was sentenced as a Range I, standard offender to six years in confinement. In this appeal as of right, the defendant challenges the sufficiency of the evidence to support a conviction for voluntary manslaughter and the length of his sentence, arguing that the trial court erroneously applied one enhancement factor and failed to apply two mitigating factors. Based upon our review, we agree that an enhancement factor was improperly applied. However, since two other enhancement factors were properly applied, and the evidence was sufficient to support the conviction, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 07/11/00 | |
| Glenda Faye Tolliver v. National Health Care
E1999-01017-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 a hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court found that the plaintiff sustained an accidental injury during her employment with the defendant and that the trial court awarded the plaintiff a twelve and one-half (12-_) percent vocational disability. After a complete review of the record, briefs of the parties and applicable law, we affirm. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court is Affirmed. LAFFERTY, SR. J., in which BARKER, J., and PEOPLES, SP. J., joined. Robert W. Knolton, Oak Ridge, Tennessee, for the appellant, National Health Care Corporation. William A. Hotz, Knoxville, Tennessee, for the appellee, Glenda Faye Tolliver. MEMORANDUM OPINION The plaintiff, age 4, is a licensed practical nurse and a certified nursing assistant instructor. On March 6, 1996, the plaintiff was assisting Tracey Bunch, a nursing assistant trainee, in transferring a patient from a bed to a wheelchair in the defendant's health care center. The plaintiff testified that she felt pain in the right side of her neck, down her shoulders and at the base of her skull. The pain was in the cervical area and the right arm. The pain increased and the following day the plaintiff informed her supervisor. She was referred to Dr. Watson and then to Dr. Uzzle. The plaintiff testified that she had two past injuries, (1) in 199, she sustained a cervical strain while working. Her MRI was negative and she returned to work; (2) in 1993, she fell at the Cracker Barrel injuring her elbow, "it stoved up her neck" and she also injured her left knee. She returned to work. After treatment for her injury of March 6, 1996, the plaintiff returned to work on light duty. The plaintiff requested that her return be limited to an instructor, but she was made a supervisor on the three to eleven shift. On the same day that the plaintiff returned to work, she was fired. At the time of trial, the plaintiff was working two jobs, one as an LPN at the UT hospital and as a supervisor for Helen Ross McNabb, a rehabilitation center. The plaintiff testified that she has problems doing her work, such as giving EKG's, lifting woman's breast, and any computer work, since she must keep her head down. The plaintiff cannot work the floor, lift patients and deliver meal trays. By deposition, Tracey Michelle Bunch testified that on March 6, 1996, she was working as a nursing assistant trainee, working on her certified nursing assistant certification, when the plaintiff assisted her in moving an elderly patient in and out of bed. The plaintiff did not complain of any injury, but the following day the plaintiff was not available as the instructor. The following Monday, Ms. Bunch saw the plaintiff at work answering calls at the nurse's station. The plaintiff had to make a full body turn instead of just a simple head turn. Keri Trammell, Director of the National Health Center, testified that she hired the plaintiff as an instructor for the certified nursing assistant program and as an LPN supervisor. She stated that she was familiar with the report of March 6, 1996, and that the plaintiff was referred to see Dr. Uzzle. The plaintiff was allowed to continue to work but on light duty. About May 1, 1996, Dr. Uzzle removed these restrictions. On May 29, 1996, Ms. Trammell called the plaintiff into her office and advised the plaintiff, based upon the medical reports, that she would be returned to a supervisor's position. The plaintiff refused to accept the supervisor's position, stating that she could only work as an instructor. MEDICAL EVIDENCE By deposition, Dr. Maren L. Watson, a family practitioner, testified that he saw the plaintiff on March 11, 1996, with a complaint of neck pains as well as headaches. The plaintiff advised Dr. Watson that she was lifting a patient at the National Health Center and that evening the pain got worse. In his examination, Dr. Watson found that the plaintiff's vital signs were normal, she was in no distress and cooperative with the exam. As to the musculoskeletal exam, Dr. Watson palpated the plaintiff's neck, upper back and shoulders and found generalized mild tenderness. Although Dr. Watson found no muscle spasms, he did note that the plaintiff's right shoulder was resting one inch lower than her left shoulder. Dr. Watson opined that the plaintiff certainly sustained a cervical muscle strain due to lifting a patient and this caused some pain in her neck that had radiated to her shoulders and middle back, which warranted a few days off from work. Dr. Watson testified that the plaintiff was unhappy with his recommended course of treatment and he did not see her again. Dr. Watson could not give an opinion as to any assessment for physical impairment for the plaintiff. -2-
Authoring Judge: Lafferty, Sr. J.
Originating Judge:Daryl R. Fansler, Chancellor |
Knox County | Workers Compensation Panel | 07/11/00 | |
| Inscoe, et al vs. Kemper, et al
M1999-00741-COA-R3-CV
This appeal arises from a suit filed by Inscoe seeking the return of earnest money held in escrow for the purchase of Kemper's residence. When Inscoe decided not to purchase the residence, Kemper refused to return the earnest money. The trial court found in favor of Inscoe and ordered the return of the earnest money. In making its finding, the court stated that Inscoe's promise to buy was illusory and there was no meeting of the minds, thus the contract was void and unenforceable. Kemper appeals.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 07/11/00 | |
| State vs. Jerry Rodgers
W1999-01443-CCA-R3-CD
The defendant was convicted of reckless homicide and sentenced to eight years as a Range II, multiple offender. On appeal, the defendant raises the issue of whether the trial court erred in relying on New York convictions as prior felonies in order to sentence him as a multiple offender. After review, we conclude that the record does not support the trial court's finding that the New York convictions qualified as prior felonies for sentencing purposes. Accordingly, we reverse, and remand the case to the trial court for resentencing.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 07/11/00 | |
| State vs. Michael W. Smith
W1999-01817-CCA-R3-PC
The petitioner pled guilty in Shelby County Criminal Court to two counts of rape, two counts of aggravated burglary, and five misdemeanor counts. He was sentenced, pursuant to a negotiated plea agreement, to ten years for each of the rape counts; six years for each of the aggravated burglary counts; and eleven months and twenty-nine days for each of the misdemeanor counts, with all sentences to be served concurrently for an effective sentence of ten years. The sequence of the charges was that the petitioner was arrested and charged with a rape, an aggravated burglary, and all of the misdemeanor counts, released on bail, and later arrested for the second rape and aggravated burglary, both of which occurred while he was on bail for the first set of charges. In this petition for post-conviction relief, the petitioner sought to have his guilty pleas set aside on the grounds that his pleas were not voluntarily and knowingly made and he received ineffective assistance of counsel. It is unnecessary to address those issues because it appears from the record that the negotiated plea agreement was in violation of Tennessee Code Annotated Section 40-20-111(b), requiring that a sentence for a felony committed while on bail be served consecutively to the sentence for the initial felony charge. Because we do not know whether the petitioner would have entered his pleas of guilty had he known of the requirement regarding consecutive sentencing, on remand the petitioner must be allowed to withdraw his pleas of guilty as to both of the rape and both of the aggravated burglary charges.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 07/11/00 | |
| Merritt vs. Yates
M1999-00775-COA-R3-CV
This appeal involves a dispute between Plaintiff June Yates Merritt ("Ms. Merritt") and Defendants Aileen Biron Yates ("Mrs. Yates") and Claire Biron ("Mr. Biron") regarding the proper interpretation or construction of mutual wills executed in April of 1985 by Mrs. Yates and her husband Thomas Harry Yates ("Mr. Yates"), who was the father of Ms. Merritt. After the death of Mr. Yates in December of 1985, Mrs. Yates deeded certain real property to Mr. Biron, gifted certain personal property to Mr. Biron, and established a revocable trust using money received as a result of her husband's death. In an action filed by Ms. Merritt challenging these transactions, the trial court determined that there were no genuine issues of material fact and entered a judgment in favor of Ms. Merritt. Additionally, the court denied Ms. Merritt's motion for discretionary costs. Mrs. Yates appeals the court's order granting a judgment in favor of Ms. Merritt and Ms. Merritt appeals the court's ruling regarding her motion for discretionary costs. For the reasons set forth below, we affirm the ruling of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 07/11/00 | |
| Beavers vs. The Lebanon Democrat Newspaper
M1999-02401-COA-R3-CV
This appeal arises from an action initiated by Plaintiffs, Mae and Jerry Beavers, against the Defendant newspaper, the Lebanon Democrat, for libel and slander. The Beavers' claim arises out of two separate articles published by the newspaper. The trial court granted the newspaper's motion for summary judgment, holding that the first article was substantially true and the second article was a non-actionable opinion. The Beavers appeal.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Tom E. Gray |
Wilson County | Court of Appeals | 07/11/00 | |
| Jeremy Tompkins vs. Mary Rainey
W1999-01218-COA-R3-CV
In this action to establish parentage, Jeremy Earl Tompkins (Father) appeals the trial court's final judgment awarding Mary Helen Rainey (Mother) custody of the parties' infant son. We affirm the trial court's judgment.
Authoring Judge: Judge David R. Farmer
Originating Judge:A. V. Mcdowell |
Shelby County | Court of Appeals | 07/11/00 | |
| State vs. Michael Sample & Larry McKay
W1999-01202-CCA-R3-PC
The Defendants were each convicted in 1982 of two counts of felony murder. Each Defendant received two death penalties for the murders. On post-conviction, the Defendants contend that the State withheld exculpatory information and that their death penalties were predicated in part on an invalid aggravating circumstance. The trial court dismissed the petitions without a hearing, finding that the Brady claims were time-barred and finding beyond a reasonable doubt that the jury would have imposed the death sentences absent consideration of the invalid aggravating circumstance. The Defendants now appeal the trial court's findings on both claims for relief. We affirm the trial court's judgment.
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 07/11/00 | |
| State of Tennessee v. Michael Eisom
W1999-00739-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 07/11/00 | |
| Deshawn Mcclenton v. State of Tennessee
W2002-02745-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 07/11/00 | |
| State vs. Gene Logue
W1999-01795-CCA-R3-CD
Defendant was convicted of theft of property over $500.00, and sentenced to two (2) years as a Range I standard offender. Defendant now appeals as of right, and raises the following issues: the evidence is insufficient to sustain his conviction, the court erred in failing to grant his motion for judgment of acquittal because the state failed to prove the value of the property stolen and the venue of the crime in Benton County, and the court erred in sentencing defendant to serve two (2) years and failing to consider alternative sentencing. We affirm the decision of the trial court.
Authoring Judge: Judge Cornelia A. Clark
Originating Judge:Julian P. Guinn |
Benton County | Court of Criminal Appeals | 07/11/00 | |
| State vs. Christopher Henderson
W1999-00958-CCA-R3-CD
Defendant appeals the trial court's denial of judicial diversion and full probation following his guilty plea to possession of cocaine under 0.5 grams with intent to deliver and possession of drug paraphernalia. We affirm the judgment of the trial court pursuant to Rule 20, Tennessee Court of Criminal Appeals.
Authoring Judge: Judge Joe G. Riley
|
Lauderdale County | Court of Criminal Appeals | 07/11/00 | |
| Charles Montague vs. State
E2000-00083-CCA-R3-PC
Charles Montague appeals the Washington County Criminal Court's summary dismissal of his pro se post-conviction petition challenging his conviction for first degree murder. The appellant's original and supplemental petitions with attached affidavit present a myriad of claims within the trial process. The post-conviction court dismissed all claims without a hearing, finding the original and supplemental petitions were not properly verified and that the petitions failed to assert a sufficient factual basis for relief. After review of the petition, we affirm the post-conviction court's dismissal of certain claims and vacate its dismissal as to others. The case is remanded to the post-conviction court for further review of the surviving claims.
Authoring Judge: Judge David G. Hayes
Originating Judge:Lynn W. Brown |
Washington County | Court of Criminal Appeals | 07/11/00 | |
| State vs. Jeffrey Wayne Adkisson
E1999-01316-CCA-R3-CD
The defendant, convicted of one count of D.U.I., argues that the evidence was insufficient and that a police report submitted as evidence was unfairly redacted. After review, we find no reversible error and therefore affirm the judgment from the trial court.
Authoring Judge: Judge John Everett Williams
Originating Judge:E. Eugene Eblen |
Morgan County | Court of Criminal Appeals | 07/10/00 | |
| State vs. Henderson
W1998-00342-SC-DDT-DD
Authoring Judge: Justice William M. Barker
Originating Judge:Jon Kerry Blackwood |
Fayette County | Supreme Court | 07/10/00 | |
| State vs. Henderson
W1998-00342-SC-DDT-DD
Authoring Judge: Justice William M. Barker
Originating Judge:Jon Kerry Blackwood |
Fayette County | Supreme Court | 07/10/00 | |
| In Re: S.D., M.D., Sh.D., & Ma.S.
M2003-02672-COA-R3-PT
This case comes before the Court on appeal from the Sumner County Juvenile Court's termination of Appellant's parental rights as to four children. Each parent raises separate issues on appeal. We affirm the action of the trial court in all respects.
Authoring Judge: Judge William B. Cain
Originating Judge:Barry R. Brown |
Sumner County | Court of Appeals | 07/10/00 | |
| John Watson vs. Mike Young
W1999-00683-COA-R3-CV
This appeal arises from a lawsuit filed by an inmate at the Northwest Correctional Complex. The complaint sought damages for personal injuries sustained as a result of an electrical shock allegedly caused by the Defendant's inactions. The Lake County Circuit Court dismissed the complaint finding that the plaintiff's claim sounded in negligence and the defendants, as state employees, enjoyed absolute immunity from negligence claims.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:R. Lee Moore Jr. |
Lake County | Court of Appeals | 07/10/00 | |
| State vs. Morris
W1998-00679-SC-DDT-DD
Authoring Judge: Justice E. Riley Anderson
Originating Judge:John Franklin Murchison |
Madison County | Supreme Court | 07/10/00 | |
| James Powell vs. M.P. Gurkin
W1999-00827-COA-R3-CV
This is a personal injury action arising out of a slip-and-fall accident which occurred at a laundromat owned by the Gurkin Defendants. The fall was allegedly caused by a hole in the floor of the laundromat which was created by the Defendant Hardin in attempting to locate and repair a water leak in the laundromat. The Plaintiff fell while walking into the laundromat carrying his laundry basket. He brought the present suit claiming that the Defendants were negligent in failing to repair the hole or providing adequate warning of the dangerous condition. The Defendants filed a Motion for Summary Judgment claiming that the Plaintiff failed to use reasonable care in confronting a known risk. After arguments of counsel, the trial court granted both Defendants' Motions for Summary Judgment.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Jon Kerry Blackwood |
Fayette County | Court of Appeals | 07/10/00 | |
| State of Tennessee v. John H. Childress
M1999-00843-CCA-R3-CD
The Defendant was found guilty by a Davidson County jury of driving with a blood alcohol concentration of .10 percent or more (D.U.I. per se) and driving on a revoked license. In this appeal as of right, he argues that the trial court erred by admitting the results of his breathalyzer test because the admission of this evidence in a D.U.I per se case violates a defendant's confrontation rights. We hold that the trial court did not err by admitting the Defendant's breath test results. Accordingly, we affirm the Defendant's conviction.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Frank G. Clement, Jr. |
Davidson County | Court of Criminal Appeals | 07/07/00 |