APPELLATE COURT OPINIONS

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Marcus Stallworth v. State of Tennessee

W2007-00675-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:James M. Lammey
Shelby County Court of Criminal Appeals 12/01/10
02C01-9603-CC-00080

02C01-9603-CC-00080

Originating Judge:John F. Murchison
Madison County Court of Criminal Appeals 12/01/10
State vs. John James

01C01-9712-CR-00563
Davidson County Court of Criminal Appeals 12/01/10
State vs. Antonious Poole

02C01-9709-CR-00350

Originating Judge:W. Fred Axley
Shelby County Court of Criminal Appeals 12/01/10
03C01-9510-CC-00329

03C01-9510-CC-00329

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 12/01/10
State vs. Richard Caldwell

02C01-9711-CC-00446
Henderson County Court of Criminal Appeals 12/01/10
State of Tennessee v. Rickey Dickerson

W2008-00301-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Originating Judge:John T. Fowlkes, Jr.
Shelby County Court of Criminal Appeals 12/01/10
State vs. Floyd Williamson

02C01-9803-CC-00085

Originating Judge:Jon Kerry Blackwood
Fayette County Court of Criminal Appeals 12/01/10
State vs. Gray

03C01-9603-CC-00104
McMinn County Court of Criminal Appeals 12/01/10
State vs. Michelle Ferguson

E1999-01302-CCA-R3-CD
Defendant Michelle Ferguson was convicted by a jury of two counts of aggravated child abuse and one count of first degree murder in perpetration of aggravated child abuse. The trial court subsequently imposed concurrent sentences of eighteen years, eighteen years, and life. Defendant challenges her convictions, raising the following issues: (1) whether the evidence was sufficient to support her convictions; (2) whether the trial court erred when it failed to sever the trials for the charges in this case; and (3) whether the trial court erred when it failed to grant a motion for a mistrial. The judgment of the trial court is reversed, and the case is remanded for a new trial.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Carroll L. Ross
McMinn County Court of Criminal Appeals 12/01/10
State vs. Phenix Ross

02C01-9808-CC-00246

Originating Judge:John Franklin Murchison
Chester County Court of Criminal Appeals 12/01/10
01C01-9411-CC-00387

01C01-9411-CC-00387
Wayne County Court of Criminal Appeals 12/01/10
03C01-9609-CC-00352

03C01-9609-CC-00352

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 12/01/10
Villaneuva vs. State

03C01-9611-CR-00425

Originating Judge:Lynn W. Brown
Johnson County Court of Criminal Appeals 12/01/10


Knight vs. Knight

01A01-9710-CV-00609
Court of Criminal Appeals
State of Tennessee v. Ricky Anderson

W2022-00452-CCA-R3-CD

Defendant, Ricky Anderson, appeals his Shelby County convictions for two counts of first
degree premeditated murder, for which he received concurrent life sentences. Defendant
contends that the evidence presented at trial was insufficient to support his convictions and
that the trial court abused its discretion in admitting photographs of one of the deceased
victims. Following a thorough review, we affirm the judgments of the trial court.

Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Glenn Ivy Wright
Shelby County Court of Criminal Appeals


Daniel B. Taylor v. Donal Campbell, et al.

M1998-00913-COA-R3-CV

This appeal involves a dispute between a prisoner and the Department of Correction regarding the prisoner's request for access to the Department's rules governing prisoner sentence credits. The Department responded by informing the prisoner that its policies governing prisoner sentence reduction credits could be found in the prison law library. Thereafter, the prisoner filed suit in the Chancery Court for Davidson County complaining that he had been wrongfully denied access to public records. The Commissioner of Correction moved to dismiss the complaint. Alternatively, the Commissioner sought a summary judgment and supported his motion with affidavits asserting that the prisoner had already received all the information he sought. Based on these affidavits, the trial court granted the Commissioner's summary judgment motion and dismissed the prisoner's complaint. We have determined that the Commissioner has not demonstrated that he is entitled to a judgment as a matter of law and, therefore, reverse the summary dismissal of the prisoner's complaint.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals


April Wallace, Vickie Guinn, et al., v. National Bank of Commerce, et al.

02S01-9509-CV-00074

This case presents for review the decision of the Court of Appeals affirming the trial court's award of summary judgment for the defendants. The trial court found that the
record shows, as a matter of law, that the defendant banks did not breach the duty of good faith in imposing fees for returned checks drawn on accounts with insufficient funds.
This Court concurs in the decision made by the trial court and the Court of Appeals.

Authoring Judge: Justice Lyle Reid
Originating Judge:Judge James M. Tharpe
Shelby County Supreme Court
Johnny L. Butler, v. State of Tennessee

02C01-9509-CR-00289

The petitioner, who is serving a sentence for a federal court conviction, has filed two petitions attacking prior state convictions which were used to enhance the sentence for the federal conviction. These two petitions, called petitions for the writ of coram nobis or for habeas corpus, were dismissed by the trial court without a hearing on the basis that they were actually petitions for post-conviction relief and barred by the statute of limitations. We agree with the trial court.

Authoring Judge: Judge John H. Peay
Originating Judge:Judge W. Fred Axley
Shelby County Court of Appeals
Steven Totty v. The Tennessee Department of Correction and the State of Tennessee

01A01-9504-CV-00139

This appeal involves a state prisoner’s efforts to enforce a plea bargain agreement. The prisoner filed a petition for a common-law writ of certiorari in theCircuit Court for Davidson County after the Department of Correction refused to release him in accordance with his understanding of the agreement. The trial court granted the department’s motion to dismiss for lack of subject matter jurisdiction, and the prisoner has appealed. We affirm the dismissal of the petition because it fails to state a claim upon which relief pursuant to a common-law writ of certiorari can be granted.1

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Walter C. Kurtz
Davidson County Court of Appeals
Tamara E. Lowe, Administrator of the Estate of Terry Allen Lowe, Deceased, v. Gransville Simpson, and wife, Judy Simpson

X2010-0000-XX-X00-XX

This is a wrongful death action. On April 28, 1998, Cynthia Low Armes ("Sister"), the sister of the late Terry Allen Lowe ("decedent"), instituted this action against Granville Simpson ("Granville") and his wife, Judy Simpson ("Judy"), (collectively, "the Simpsons"), alleging that the Simpsons were negligent in allowing three men, including Granville, to go armed on the Simpson's premises on December 10, 1995, and that their negligence directly contributed to the shooting death of the decedent. The trial court granted the Simpsons summary judgment on the ground that the complain was not filed within the applicable one-year statute of limitations. Sister appeals, raising the following issue for our consideration: Did the trial court err in holding that Sister was aware of the injury and the cause of action on December 10, 1995, and therefore her action was barred by the statute of limitations?

 

Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Judge Russell E. Simmons, Jr.
Morgan County Court of Appeals