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| 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 | |
| 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. 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. 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. 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 | |
| State vs. Ricky Lee Cook
M2000-00178-CCA-R3-CD
Defendant appeals the revocation of his probation and reinstatement of a portion of his original sentence. The defendant plead guilty to possession of drug paraphernalia, and received a sentence of eleven (11) months, twenty-nine (29) days, which was completely suspended after the service of forty-eight (48) hours. After a revocation hearing, the trial court revoked defendant's probation and required him to serve a portion of his sentence. Concluding that the defendant violated at least four specific terms of his probation, we affirm the judgment of the trial court.
Authoring Judge: Judge Cornelia A. Clark
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 08/18/00 | |
| 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 | |
| Claudean Edwards Hulsey v. Peterbilt Motors
M1999-00350-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 employer contends that the award of permanent partial disability benefits is excessive. The employee asserts that the appeal is frivolous. The panel has concluded the award should be affirmed and no damages should be awarded for a frivolous appeal.
Authoring Judge: Turnbull, Sp. J.
Originating Judge:Hon. James Walton, Judge |
Robertson County | Workers Compensation Panel | 08/17/00 | |
| Construction Company, Appellee v. Pennsylvania National
M1999-01917-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with the Tenn. Code Ann. _5-6-225(e)(3) for hearing and reporting findings of fact and conclusions of law. In this case, a temporary employer and its insurance company contend the trial court erred in finding a deceased employee to be a loaned servant. The panel has concluded that the judgment of the trial court should be affirmed because the deceased employee was a loaned servant.
Authoring Judge: Turnbull, Sp.J.
Originating Judge:Hon. Carol Mccoy, Chancellor |
Davidson County | Workers Compensation Panel | 08/17/00 | |
| Ella Pruett vs. Wal-Mart
W1999-01026-COA-R3-CV
Plaintiff sued employer under Americans With Disabilities Act and case was tried before a jury. After a jury verdict for plaintiff, defendant moved for judgment notwithstanding the verdict which the court granted. Plaintiff has appealed. The record reflects that defendant failed to move for a directed verdict at the conclusion of all of the evidence and also reflects that no judgment was entered on the jury verdict. Appeal dismissed.
Authoring Judge: Judge W. Frank Crawford
|
Madison County | Court of Appeals | 08/17/00 | |
| Walter Taylor, Jr. v. Athens Paper Company, Inc., et al.
M1999-00853-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. __ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer contends the trial court erred in finding the employee did not intentionally misrepresent his physical condition to the employer, and in finding a causal connection between the June 1998 accident and the October 1998 surgery and permanent impairment, and in finding employer responsible for "unauthorized" medical benefits. The panel has concluded that the judgment of the trial court should be affirmed on all issues.
Authoring Judge: Turnbull, Sp. J.
Originating Judge:Hon. Ellen Hobbs Lyle, Judge |
Davidson County | Workers Compensation Panel | 08/17/00 | |
| State vs. Jerry W. Yancey, Jr.
M1999-02131-CCA-R3-CD
The appellant/defendant, Jerry W. Yancey, Jr., was convicted by the Williamson County Jury on four counts, two counts of aggravated assault and two counts of felony reckless endangerment. In count five, the defendant was found not guilty of felony reckless endangerment. Upon the defendant's conviction for aggravated assault, the trial court imposed sentences of three and one-half (3-_) years in the Department of Correction. However, the trial court placed the defendant on probation for four (4) years with certain special conditions, mainly that the defendant serve sixty (60) days, day for day, in the Williamson County Jail. In his appeal, the defendant challenges: (1) Whether the trial court erred in finding that the District Attorney General did not abuse his discretion in denying the defendant pre-trial diversion?; and (2) Whether the trial court erred in denying the defendant full probation? Upon our review of the entire record, we find no reversible error and affirm the judgment of the trial court.
Authoring Judge: Sr. Judge L. Terry Lafferty
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 08/16/00 | |
| Thomas H. Caffey vs. Kevin Myers, Warden
M2000-00200-CCA-R3-PC
Petitioner challenges the trial court's summary dismissal of his petition for writ of habeas corpus. Petitioner was convicted in Davidson County in 1985 of two counts of armed robbery and felonious use of a motor vehicle. He was sentenced to two terms of life imprisonment and an additional four years, to be served consecutively to one another and consecutively to a prior Oklahoma sentence. Petitioner does not challenge the legality of the convictions underlying his current sentences, but rather asserts that equitable estoppel and a due process violation mandate that he not be required to serve his Tennessee sentences. Upon our review of the record, we affirm the dismissal of the petition for writ of habeas corpus.
Authoring Judge: Sr. Judge L. Terry Lafferty
Originating Judge:Jim T. Hamilton |
Wayne County | Court of Criminal Appeals | 08/16/00 | |
| Kenneth L. Bonner vs. TN Dept. of Correction
M1999-00343-COA-R3-CV
The petitioner contends that the trial court erred in dismissing his petition regarding the Department of Correction's calculation of his release eligibility date. An adjustment of the release eligibility date, made subsequent to the filing of this appeal, has rendered most of the petitioner's arguments moot. As to the remaining issue, we affirm the dismissal of the petition because we agree with the trial court that it lacked jurisdiction to consider the petition.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 08/16/00 | |
| Welborn vs. Sellars
M1999-00164-COA-R3-CV
This is an insurance case. The plaintiff was driving a motorcycle when he was involved in an accident with an automobile driven by an uninsured motorist. The plaintiff's motorcycle was not listed in his insurance policy. The plaintiff filed suit seeking damages for his injuries sustained in the accident. The plaintiff's insurance company moved for summary judgment in the case based on an exclusion in the plaintiff's insurance policy which denied uninsured motorist coverage for vehicles for which insurance was not afforded under the policy. The trial court granted the insurance company's motion and the plaintiff appealed. We affirm, finding that the policy exclusion applies to the plaintiff's motorcycle.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 08/16/00 | |
| State of Tennessee v. Carolyn L. Curry
W1999-00688-CCA-R10-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:C. Creed Mcginley |
Carroll County | Court of Criminal Appeals | 08/16/00 | |
| Hartsville Hospital vs. Bay Nat'l Bank & Trust Co.
M1999-01276-COA-R3-CV
This appeal arises from a dispute over the ownership of monies held in a bond fund. Hartsville Hospital Incorporated ("Hartsville") filed suit against Bay National Bank ("Bank") seeking the contents of the fund. The court below entered judgment for Hartsville, holding that Bank had no claim to the bond fund money pursuant to a release agreement between the parties and that Hartsville was not estopped from asserting ownership. Bank appeals.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:C. K. Smith |
Trousdale County | Court of Appeals | 08/16/00 |