APPELLATE COURT OPINIONS

The petitioner, Edward P. Porter, appeals the Davidson County Criminal Court’s summary dismissal of his petition for writ of error coram nobis. The petitioner pled guilty in 1998 to possession with intent to sell over .5 grams of cocaine, a Class B felony, and was sentenced to eight years in the Department of Correction. In 2007, the petitioner filed the instant petition, alleging that he was being restrained by an illegal sentence. The trial court summarily dismissed the petition because it was filed outside the statute of limitations and because it failed to state a cognizable claim. On appeal, the petitioner contends that the court erred in determining that the petition was time-barred, asserting that the one-year statute of limitations is not applicable and that his assertion of an illegal sentence in violation of Tennessee Rule of Criminal Procedure 32  relief. Following review of the record, we find no error and affirm the judgment of the trial court.

This appeal involves a dispute over the interpretation of a buy-out provision. One of the four physicians in a medical practice retired and requested a repurchase of his stock. The physicians had previously adopted a formula for the valuation of stock in such situations, but when it came time to apply the agreement, they could not agree as to the meaning of several phrases within the agreement. The trial court heard testimony regarding the parties’ intentions as to the agreement and testimony from two accountants regarding their interpretations of the agreement. After interpreting the various phrases of the agreement, the trial court valued the physician’s stock and awarded prejudgment interest at the rate of ten percent since the date of the physician’s retirement. We reverse the trial court’s ruling as to the meaning of the agreement and affirm the trial court’s judgment as modified.

Personal injury plaintiffs filed suit against defendant motorist, who died prior to the filing of the suit, for injuries sustained in an automobile accident. By special appearance, the deceased tortfeasor’s estate filed a motion to dismiss on the grounds that plaintiffs had not properly instituted the action against the decedent in accordance with Tenn. Code Ann. § 20-5-103 prior to the expiration of the statute of limitations. The trial court denied the motion, but granted the estate a direct appeal to this Court. Finding error in the judgment below, we reverse and remand the case.

The defendant, Jeffrey Scott, was convicted by a Shelby County jury of two counts of aggravated robbery, a Class B felony; conspiracy to commit aggravated robbery, a Class C felony; and conspiracy to commit robbery and attempted robbery, both Class D felonies. He was sentenced by the trial court to concurrent terms of ten years for the aggravated robbery convictions, three years for the conspiracy to commit aggravated robbery conviction, and two years each for the conspiracy to commit robbery and attempted robbery convictions. In a timely appeal to this court, the defendant challenges the sufficiency of the convicting evidence and argues that the trial court erred indenying his motion to suppress his statement to police and in limiting defense counsel’s cross-examination of a witness. Following our review, we affirm the judgments of the trial court.

The Petitioner, Oliver J. Higgins, appeals the trial court’s denial of his petition for postconviction relief. The State has filed a motion requesting that this Court affirm the trial court’s denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We conclude that the State’s motion is meritorious. Accordingly, we grant the State’s motion and affirm the judgment of the lower court.

The petitioner, Solon Atwell Brown, appeals the Shelby County Criminal Court’s summary dismissal of his petition for post-conviction relief as time-barred. The State has filed a motion requesting that this court affirm the post-conviction court’s dismissal pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Because the petitioner has failed to establish that the petition was timely filed or that a recognized exception to the rule applies, we grant the State’s motion and affirm the judgment from the post-conviction court.

The appellant, Wiled McMillian,1 pled guilty in the Dyer County Circuit Court to one count of the sale of .5 grams or more of cocaine, and he received a sentence of ten years in the Tennessee Department of Correction. Thereafter, the appellant filed a motion to withdraw his guilty plea. The trial court denied the motion. On appeal, the appellant challenges the ruling of the trial court. Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court.

The petitioner, Kevin Lawrence, was convicted of felony murder and was sentenced to life with the possibility of parole. Subsequently, the petitioner filed a petition for post-conviction relief, alleging that his trial counsel were ineffective. The post-conviction court found that the petitioner’s counsel were not ineffective and denied the petition. On appeal, the petitioner challenges the court’s ruling. Upon review, we affirm the judgment of the post-conviction court.

The defendant, John Fred Howard, was convicted of first degree premeditated murder by a Shelby County jury and subsequently sentenced to a term of life imprisonment. On appeal, he has raised eight issues for our review: (1) whether the evidence at trial was sufficient to support the verdict, specifically the jury’s rejection of his claim of self-defense and the element of premeditation; (2) whether the trial court erred in refusing to sequester the jury; (3) whether the trial court erred in failing to suppress graphic photographs of the deceased; (4) whether the trial court erred in admitting test results from two blood samples which the defendant did not get until the second day of trial; (5) whether the trial court erred in admitting certain evidence without the establishment of a valid chain of custody; (6) whether the trial court erred in allowing witness testimony which was highly prejudicial to the defendant; (7) whether the trial court erred by refusing to allow defense counsel to publish certain exhibits to the jury immediately after they were admitted, which minimized their impeachment value and violated the defendant’s right of cross-examination; and (8) whether the cumulative error at trial demands a reversal in the case. Following review of the record, we find no reversible error and affirm the judgment of conviction.

The appellant, Kenneth Ford, was convicted by a jury in the Madison County Circuit Court of three counts of aggravated assault and one count of reckless endangerment. Following the verdict, the trial court sentenced the appellant to a total effective sentence of twenty-two years in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court’s imposition of consecutive sentencing. Upon our review of the record and the parties’ briefs, we affirm the judgments of the trial court.

The petitioner, Maurice Nash, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he received effective assistance of trial counsel. Following our review, we affirm the denial of the petition.

The defendant, Neil Thompson, was convicted by a Shelby County Criminal Court jury of robbery and sentenced to three years, suspended after service of six months, followed by three years of probation. He appeals, arguing: (1) the trial court erred in failing to grant a mistrial due to a tainted jury, (2) the trial court erred in admitting a copy of the victim’s telephone records into evidence, (3) the evidence is insufficient to sustain his conviction, (4) the trial court imposed an excessive sentence, and (5) he is entitled to relief due to cumulative error. After our review, we affirm the judgment of the trial court.

Appellant, Zendall Edward Campbell, was indicted by the Campbell County Grand Jury for one count of first degree murder and one count of aggravated assault. After a jury trial, Appellant was found guilty of second degree murder and aggravated assault. Appellant was sentenced to an effective sentence of twenty years. On appeal, Appellant complains that: (1) the trial court improperly denied Appellant the opportunity to admit the statements he gave to police immediately following the incident and after his arrest; (2) the trial court erred by failing to include reckless endangerment as a lesser included offense of aggravated assault; and (3) the evidence was insufficient to support a conviction for second degree murder. After a review of the record, we determine that the trial court properly excluded Appellant’s statements, instructed the jury properly on the lesser included offenses of aggravated assault, and the evidence was sufficient to support the second degree murder conviction. Accordingly, the judgment of the trial court is affirmed.

A Davidson County jury convicted the Petitioner, Jerry Jerome Primm, of first degree felony murder, second-degree murder, and especially aggravated kidnapping. The trial court merged the second degree murder conviction with the felony murder conviction and ordered the Petitioner to serve a life sentence at one hundred percent as a violent offender. For his especially aggravated kidnapping conviction, the trial court sentenced the Petitioner to serve a twenty-year sentence consecutive to his life sentence. On direct appeal, this Court affirmed the Petitioner’s convictions and sentences. The Petitioner then filed a post-conviction petition claiming he received the ineffective assistance of counsel at his trial. The post-conviction court denied relief, and the Petitioner now appeals claiming the post-conviction court erred when it dismissed his petition. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court.

The defendant, David F. Henning, appeals the order of the Dyer County Circuit Court revoking his probation. The defendant pled guilty to aggravated assault, a Class C felony, and received a three-year sentence, suspended to supervised probation except for ninety days to be served in the county jail. Subsequently, a probation violation warrant was filed, alleging numerous violations of the terms of the defendant’s probation. Following a hearing, his probation was revoked, and he was ordered to serve the balance of his sentence in the Department of Correction. On appeal, the defendant argues that the trial court abused it discretion when it found that he had violated the terms of his probation. Finding no abuse of discretion, the judgment of the trial court is affirmed.

A doctor who earlier submitted an affidavit in this medical malpractice action and who also participated in the peer review process at the defendant doctor’s hospital entered an appearance as plaintiffs’ counsel. The trial court declined the defendant doctor’s request to have the physician/attorney disqualified as plaintiffs’ counsel. After considering the issue on interlocutory appeal, we reverse and find that the physician/attorney is disqualified and may not represent plaintiffs.

The defendant, Mullandric Webb, was convicted by a Shelby County jury of two counts of robbery, Class C felonies, two counts of aggravated robbery, Class B felonies, and one count of intentionally evading arrest, a Class D felony. After merger of the robbery and aggravated robbery convictions, the defendant was sentenced as a Range I offender to twelve years to be served in the Tennessee Department of Correction concurrently with a four year sentence for intentionally evading arrest. On appeal, the defendant raises the following issues: (1) whether the trial court erred in denying the defendant’s motion to suppress his statement; (2) whether the evidence  sufficient to sustain his convictions; and (3) whether the trial court imposed an excessive sentence. After a thorough review of the record, we affirm the judgments of the trial court.

The Petitioner, Allen Jean Stephens, appeals the trial court’s denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court’s denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We conclude that the State’s motion is meritorious. Accordingly, we grant the State’s motion and affirm the judgment of the lower court.

The petitioner, Jason Settles,1 pled guilty in the Shelby County Criminal Court to attempted first degree murder, aggravated burglary, aggravated robbery, and two counts of aggravated assault. He received a total effective sentence of 13.5 years in the Tennessee Department of Correction. Subsequently, he filed a petition for post-conviction relief which the post-conviction court summarily dismissed for failure to state a claim upon which post-conviction relief could be granted. After the petition was dismissed, the petitioner filed a “Motion for Reconsideration to Re-Open Post Conviction Petition.” The post-conviction court denied the motion. On appeal, the petitioner challenges the dismissal of both his original petition and his motion to amend or reopen his postconviction petition. Upon our review of the record and the parties’ briefs, we affirm the judgment    of the post-conviction court.

On March 28, 2007, the petitioner pled guilty in the Tipton County Circuit Court to initiation of the manufacture of methamphetamine and was sentenced to twelve years to be served concurrently with a sentence imposed in Lauderdale County. On July 9, 2007, he filed a petition for post-conviction relief, claiming that he had not been afforded a hearing on his request for alternative sentencing, as he was told he would have. Following an evidentiary hearing, the post-conviction court found that  the petition was without merit. After our review, we affirm the dismissal of the petition.

A Shelby County jury convicted the appellant, Anthony Poole, of second degree murder, and the trial court sentenced the appellant to twenty-four years in the Tennessee Department of Correction. This appeal followed, with the appellant arguing that the trial court erred by (1) failing to instruct the jury to disregard a hearsay statement by the victim; (2) excluding the testimony of a mental health expert; (3) giving a sequential, “acquittal-first” instruction to the jury; and (4) imposing a twenty-four-year sentence in contravention of Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004). Upon review, we modify the appellant’s sentence to nineteen years. In all other respects, we affirm the judgment of the trial court.

The defendant, Patrick Brown, was convicted of criminal attempt to commit second degree murder, a Class B felony, and was sentenced to twelve years as a Range I, standard offender. On appeal, he argues that: the evidence was insufficient to support his conviction; the trial court erred in allowing the State to reopen its case in chief; and he was sentenced improperly. After careful review, we affirm the judgment from the trial court.

This is an appeal from the grant of a voluntary dismissal. The plaintiff homeowners’ association sued the defendants in general sessions court for dues owed. The homeowners’ association was awarded a judgment. The defendants appealed to the circuit court below, seeking a de novo hearing. For several years, the appeal remained pending with no activity. In the meantime, the defendants sold the subject property. The judgment due to the homeowners’ association was paid by the purchaser of the subject property to remove any cloud on the title. Having been paid, the homeowners’ association filed a notice of satisfaction of judgment in the circuit court. The defendants filed a motion to set aside the satisfaction of judgment. The circuit court entered an order dismissing the defendants’ appeal. The circuit court later denied the defendants’ motion to set aside the satisfaction of judgment. From that order, the defendants now appeal. We find that the circuit court order is not final and appealable. Therefore, we dismiss the defendants’ appeal for lack of jurisdiction.

The petitioner, Homer T. Rivers, appeals from the Hardeman County Circuit Court’s denial of his petition for post-conviction relief from his guilty plea convictions on one count of delivery of a schedule II controlled substance (cocaine), a Class B felony, and one count of simple possession of a Schedule VI controlled substance (marijuana), a Class A misdemeanor. On appeal, the petitioner argues that he received the ineffective assistance of counsel and that counsel’s ineffective assistance rendered his guilty pleas unknowing and involuntary. After reviewing the record, we affirm the judgment of the post-conviction court.

The State filed this action to terminate the parental rights of both parents to their three minor children. Upon hearing the evidence, the Trial Judge terminated the parental rights of both parents on several grounds. On appeal, we affirm the Judgment of the Trial Court.