APPELLATE COURT OPINIONS

A Dickson County jury convicted the Petitioner, Johnny M. Burroughs, of felony murder, especially aggravated robbery, and theft of property over $1000, and it imposed a life sentence for his murder conviction. The trial court sentenced him to twenty years for his robbery conviction and to two years for his theft conviction, to be served concurrently with his life sentence. On direct appeal, this Court affirmed the Petitioner's convictions and sentence. The Petitioner then filed a petition for post-conviction relief, claiming he received the ineffective assistance of counsel, which the post-conviction court dismissed after a hearing. On appeal, the Petitioner contends the post-conviction court erred when it dismissed his petition. After a thorough review of the record and applicable law, we affirm the postconviction court's judgment.

Plaintiffs, the guardians and grandparents of a fourth-grader at Amqui Elementary School filed this wrongful death action against the Metropolitan Government of Nashville and Davidson County. While at school, the decedent became ill. After school employees cared for him for a period of time, his condition worsened; school employees then called 911 and performed CPR while awaiting for the paramedics. Tragically, the child died on the way to the emergency room. Plaintiffs allege that Defendant did not properly train or supervise its school employees and that Defendant's employees were negligent in failing to secure proper medical care. The trial court summarily dismissed the action upon findings that Defendant had not breached a duty to the decedent and that its actions were not the proximate cause of decedent's death. Plaintiffs appeal. We reverse finding there are genuine issues of material fact that preclude summary judgment.

Appellee sold a vehicle to a third party, retaining a security interest duly perfected on the vehicle's certificate of title. Appellant later leased custom wheels and tires to the third party without the knowledge or consent of appellee. After the lease was signed, appellant modified the body of the vehicle to accommodate the custom wheels and tires, installed the custom wheels and tires on the vehicle, and gave the third party the old wheels and tires. The third party defaulted on both the security agreement with appellee and the lease with appellant. Appellee repossessed the vehicle and refused to relinquish the custom wheels and tires to appellant. The third party could not be located for service of process or recovery of the old wheels and tires. Appellant sued for recovery of the custom wheels and tires. The trial court found that, pursuant to Tenn. Code Ann. _ 47-2A-310, the wheels and tires became accessions at the point of installation, Appellant's leasehold interest in the accessions was superior to appellee's security interest in the vehicle as a whole, and appellant was liable for physical injury it caused to the vehicle when installing the accessions. Discerning no error, we affirm.

The Defendant-Appellant, Jeffrey Booth, was convicted by a Shelby County Criminal Court jury of two counts of especially aggravated kidnapping, a Class A felonies; one count of aggravated robbery, a Class B felony; and one count of aggravated assault, a Class C felony. Booth received concurrent sentences of twenty years for each of the two especially aggravated kidnapping convictions, eight years for the aggravated robbery conviction, and three years for the aggravated assault conviction, for an effective sentence of twenty years in confinement. On appeal, Booth argues that (1) the evidence was insufficient to support his convictions; (2) the prosecutor made improper comments during closing argument; (3) his separate convictions for especially aggravated kidnapping, aggravated robbery, and aggravated assault violate due process pursuant to State v. Anthony, 817 S.W.2d 299 (Tenn. 1991) and State v. Dixon, 957 S.W.2d 532 (Tenn. 1997); (4) the trial court erred in failing to instruct the jury on voluntary intoxication; (5) the trial court erred in failing to merge the two convictions for especially aggravated kidnapping. Upon review, we merge the dual especially aggravated kidnapping convictions into a single conviction and remand the case to the trial court for entry of corrected judgments to reflect the merger of these convictions. We affirm the judgments of the trial court in all other respects.

The Defendant-Appellant, George John Byrd, was convicted by a Knox County jury of three counts of aggravated rape, a Class A felony, and one count of aggravated assault, a Class C felony. He was sentenced to twenty-five years for each aggravated rape and to twelve years for aggravated assault. The trial court ordered the sentences to be served concurrently, for an effective sentence of twenty-five years in the Tennessee Department of Correction. The sole issues presented for our review are whether the trial court erred by (1) allowing testimony of certain thefts by Byrd; and (2) allowing a nurse to testify about statements made by the victim during her medical examination. Upon review, we affirm the judgments of the trial court.

The petitioner, Charles Bates, appeals the denial of his petition for post-conviction relief. He pled guilty to criminal attempt to commit aggravated sexual battery, a Class C felony, in exchange for a sentence of six years in the Shelby County Correction Center as a Range I, standard offender. On appeal, he argues that counsel was ineffective and that his guilty plea was not entered knowingly, voluntarily, and intelligently. After careful review, we affirm the denial of relief.

Defendant, Jose A. Iniguez, was convicted by a Madison County jury of stalking, a Class A misdemeanor, and driving while unlicensed, a Class C. Misdemeanor. For stalking, the trial court imposed a sentence of 11 months, 29 days and for driving while unlicensed a sentence of 30 days, to be served concurrently in the county jail. On appeal, Defendant's sole issue is a challenge to the sufficiency of the evidence for his stalking conviction. After a thorough review of the record, we affirm the judgments of the trial court.

Discharged city employee filed a petition for writ of certiorari challenging his termination by the city. The trial court remanded the case to the board of mayor and aldermen based upon the court's determination that there was evidence of bias on the part of one alderman and that the record did not allow the court to determine the grounds relied upon by the board in terminating the employee. We have determined that the trial court erred in remanding this case. The city employee waived the issue of possible bias on the part of one alderman by failing to raise it at any time during the hearing before the board. Moreover, the board was not required to make specific findings on the reasons for its decision.

Machine Tool & Die, Inc., now known as CMTD, Inc. ("the Seller"), and Modern Machine Corporation, a Tennessee corporation ("Modern Tennessee" or "the Buyer"), regarding a machine that the Seller had agreed to build for the Customer. After the Seller agreed to build the machine, the Seller entered into an agreement with the Buyer to sell its assets to the Buyer, including the Seller's contract to build the machine for the Customer. The machine was never built, prompting this lawsuit. Following a bench trial, the court held that the Seller and Buyer were liable to the Customer for the down payment made on the machine purchase. The court further held that the Buyer was liable to the Customer under the Tennessee Consumer Protection Act ("the TCPA"), trebled the Customer's damages, and held the Buyer responsible for the attorney's fees of the Customer. The court also held the Buyer liable to indemnify the Seller, including the attorney's fees of the Seller. The court also pierced the corporate veil of the Buyer and held parties related to the Buyer jointly liable with the Buyer. The Buyer and its related parties appeal. We reverse in part and modify in part. Except as modified or reversed, the judgment is affirmed. Case remanded.

Plaintiff filed suit in chancery court to challenge an assessment of Plaintiff's franchise tax liability by the Department of Revenue. The chancery court upheld the assessment. We affirm.

Wife appeals the trial court's designation of Husband as primary residential parent of the parties' two children and reduction of Wife's parenting time with one of the children. We vacate the trial court orders at issue and remand the case for further proceedings.

The defendant, Terry James Lee aka Terry Lee Williams, appeals the revocation of his probation. He initially entered guilty pleas to felony evading arrest, reckless endangerment, and reckless aggravated assault, for which he received a total effective sentence of four years in the Tennessee Department of Correction. He served six months of his sentence before being placed on intensive probation. On appeal, he argues that the trial court did not have jurisdiction to revoke his probation and contends his sentence had expired. The State has moved the Court to affirm the revocation of probation pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. After careful review, we affirm the revocation of probation pursuant to Rule 20.

Defendant, Lindsey Ray Butler, was indicted by the Maury County Grand Jury in a one-count indictment for possession of marijuana with intent to sell in violation of Tenn. Code Ann. _ 39-17-417(a)(4)(g)(1). Following a jury trial, Defendant was convicted of the lesser included offense of simple possession of marijuana, and the judgment reflects that he was sentenced by the trial court to serve 11 months and 29 days, consecutive to a five-year sentence he is currently serving. In this direct appeal, Defendant challenges the legality of a search of his residence. Finding no error, we affirm the judgment of the trial court.

Following a jury trial, the Petitioner, Johnny Lee Lewis, was convicted of two counts of facilitation of second degree murder, a Class B felony, and one count of aggravated arson, a Class A felony. See Tenn. Code Ann. __ 39-11-403, -13-210, -14-302. This Court affirmed his convictions on direct appeal. See State v. Johnny Lee Lewis, No. M2002-01350-CCA-R3-CD, 2003 WL 22398394 (Tenn. Crim. App., Nashville, Oct. 21, 2003). The Petitioner filed a timely petition for post-conviction relief. Following an evidentiary hearing, the post-conviction court denied relief. In this appeal, the Petitioner contends that the post-conviction court erred in denying him relief because: (1) trial counsel failed to request that the jury be sequestered; (2) trial counsel failed to interview and present witnesses; (3) trial counsel failed to object, based on Apprendi v. New Jersey, 530 U.S. 466 (2000), to the use of enhancement factors during the Petitioner's sentencing hearing; (4) trial counsel failed to object, based on the Confrontation Clause, to testimony regarding a co-conspirator's statements; and (5) the cumulative effect of trial counsel's errors denied him a fair trial. After our review, we affirm the post-conviction court's denial of relief.

The Defendant-Appellant, Don Mask Brown, Jr., was convicted by a Hardeman County jury of second degree murder, a Class A felony, and aggravated robbery, a Class B felony. He was sentenced as a violent offender to forty years for second degree murder and, as a multiple offender, to fifteen years for the aggravated robbery. The trial court ordered these sentences to be served consecutively, for an effective sentence of fifty-five years in the Tennessee Department of Correction. On appeal, Brown claims: (1) the trial court violated the principles of Blakely v. Washington by finding that several enhancement factors were applicable; and (2) the trial court should not have imposed consecutive sentencing. Upon review, we affirm the judgments of the trial court.

Father seeks to intervene in the wrongful death action filed by Mother for the death of the parties' daughter. The trial court found Father waived his right to intervene through inaction. We find the trial court abused its discretion in declaring Father's motion untimely, and therefore, we vacate the order denying Father's motion to intervene, and we remand for further proceedings.

Appellants, police officers with the Memphis Police Department, filed suit against the City and the Director of Police Services, claiming that the City violated Memphis City Charter Section 67 by failing to promote the officers to the rank of Captain after thirty years of service. The trial court entered summary judgment in favor of the City, and the officers appeal. Finding that the relevant case law clearly establishes: (1) that Appellants have no legal right to work as Captains, a rank that no longer exists; (2) that the City's decision to abolish this rank for operational purposes was not discriminatory; and (3) that Section 67 of the City Charter is a retirement tool and not a guarantee of employment, we affirm.

The defendant, Kane Stackhouse, aggrieved of his Knox County Criminal Court jury convictions of first degree felony murder, second degree murder, and especially aggravated robbery, for which he received an effective sentence of life imprisonment plus twenty years, appeals contending that the trial court erred in overruling his motion to suppress his statements. We discern no error regarding the motion to suppress; however, we conclude, via plain error, that the trial court erred by failing to merge the second degree murder conviction into the merged convictions of first degree felony murder. Accordingly, we vacate and remand for the verdict of second degree murder to be merged into the judgment of first degree felony murder. In all other respects, the judgments of conviction are affirmed.

The defendant, Dionis Nick Papa, appeals the sentencing decision of the Davidson County Criminal Court. Because the record supports the trial court's ordering a sentence of confinement, we affirm.

Petitioner, Andre L. Mayfield, filed a petition for writ of error coram nobis, challenging his convictions for aggravated robbery, aggravated rape, rape, and two counts of aggravated kidnapping based on newly discovered evidence. The coram nobis court summarily dismissed the petition without a hearing. Petitioner appeals. We determine that the coram nobis court properly dismissed the petition after finding that the "newly discovered" evidence relied upon by Petitioner would have provided "insignificant assistance to the defense of the charges" had it been presented at trial. Accordingly, the judgment of the coram nobis court dismissing the petition is affirmed.

The defendant, Jonathan Greer, was convicted by a Fayette County jury of robbery, a Class C felony, and sentenced to serve fifteen years in the Department of Correction. On appeal, the defendant has raised the single issue of sufficiency of the evidence. Specifically, he contends that his conviction is precluded by State v. Owens, 20 S.W.3d 634, 638 (Tenn. 2000), because the State failed to establish that the taking of the property was contemporaneous with the use of violence or fear. Following review of the record, we affirm the judgment of conviction.

Following a bench trial, the Petitioner, Victor L. Dobbins, was found guilty of being a convicted felon in possession of a handgun, a Class E felony. See Tenn. Code Ann. _ 39-17- 1307(b)(2). This Court affirmed his conviction on direct appeal. State v. Victor L. Dobbins, No. M2007-01751-CCA-R3-CD, 2008 WL 2648951 (Tenn. Crim. App., Nashville, July 3, 2008), perm. to appeal denied, (Tenn. Dec. 22, 2008). The petitioner filed a timely petition for post-conviction relief. Following an evidentiary hearing, the post-conviction court denied relief. In this appeal, the petitioner contends that the post-conviction court erred in denying him relief because: (1) trial counsel failed to properly investigate his case and (2) the cumulative effect of trial counsel's errors entitles him to a new trial. After our review, we affirm the post-conviction court's denial of relief.

Following a jury trial, Defendant, Kelvin Reed, was convicted of first degree premeditated murder, felony murder, and aggravated burglary. The trial court merged the offenses of first degree murder and felony murder, and defendant was sentenced to serve concurrent sentences of life imprisonment for his murder conviction and three years for aggravated burglary. On appeal, defendant argues that (1) the evidence is insufficient to support his convictions; (2) the trial court erred in admitting certain evidence, including testimony about the music played at defendant's birthday party, testimony that one witness had seen defendant with a gun, and photographs of the victim; and (3) that the judgment for aggravated burglary should be corrected to reflect defendant's actual sentence. Following review, we affirm the convictions and remand to the trial court solely for entry of a corrected amended judgment for aggravated burglary in accordance with this opinion.

This is a termination of parental rights case. The trial court terminated both parents' rights to the children on grounds of: (1) abandonment by failure to provide a suitable home pursuant to Tenn. Code Ann. _ 36-1-102(1)(A)(ii); and (2)persistence of conditions as set out at Tenn. Code Ann. _ 36-1-113(g)(3). The trial court also terminated Father's parental rights on the additional ground of abandonment by failure to support pursuant to Tenn. Code Ann. _ 36-102(1)(A)(i), and Mother's parental rights on the additional ground of mental incompetence pursuant to Tenn. Code Ann. _ 36-1-113 (g)(8)(B). Finding clear and convincing evidence in the record to support each of these grounds, as well as clear and convincing evidence that termination of Mother's and Father's parental rights is in the best interests of the children, we affirm.

After unsuccessfully appealing his worker's compensation lawsuit, appellant was assessed appellate court costs. A Fieri Facias/Writ of Execution was executed, and appellant's car was attached and sold at a sheriff's sale. Appellant then filed a lawsuit against the sheriff's office claiming he had been carjacked. The trial court dismissed appellant's complaint and we affirm.