Rhonda Leigh Jones Robinson v. Russell Raynor Robinson
W2003-01836-COA-R3-CV
This is a divorce case about dissipation of marital assets and custody. Throughout the marriage, the wife took care of the children while the husband provided financial support. The husband was the owner and operator of several automobile businesses. After the wife filed for divorce, the husband’s automobile businesses failed, resulting in the husband’s father purchasing the businesses. After a lengthy trial, the trial court found that the husband intentionally dissipated marital assets, including the automobile businesses. The wife was designated the children’s primary residential parent. The husband appeals. We affirm, finding that the evidence supports the trial court’s finding that the husband dissipated the businesses by failing to preserve them, and the designation of the wife as primary residential parent.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Judge James F. Russell |
Shelby County | Court of Appeals | 05/09/05 | |
State of Tennessee v. Anthony D. Parr
W2004-01458-CCA-R3-CD
The defendant, Anthony D. Parr, was convicted by a Dyer County jury of the sale of over .5 grams of a Schedule II controlled substance, cocaine, a Class B felony, and was sentenced as a Range I, standard offender to ten years in the Department of Correction. On appeal, he asserts: (1) the evidence was insufficient to sustain his conviction; (2) the State failed to establish evidentiary chain of custody; and (3) the prosecutor made prejudicial comments in the State’s opening arguments. Following our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Lee Moore |
Dyer County | Court of Criminal Appeals | 05/09/05 | |
State of Tennessee v. Steven John Chromik, III
M2004-01865-CCA-R9-CD
In this interlocutory appeal arising from the Davidson County Criminal Court's order suppressing certain statements and writings made by the defendant, Steven John Chromik, III, the state claims that the trial court erred in finding the defendant's statements and writings constituted inadmissible hearsay. The defendant contends that the trial court erred in denying his motion to suppress the statements and writings because of violation of his rights under the United States and Tennessee constitutions. We affirm the trial court's judgment concerning the defendant's constitutional claims but reverse its suppression of the defendant's statements on evidentiary grounds, and we remand the case for further proceedings consistent with this opinion.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Monte D. Watkins |
Davidson County | Court of Criminal Appeals | 05/06/05 | |
David Johnson Hartsell v. State of Tennessee
E2004-02876-CCA-R3-HC
The petitioner, David Johnson Hartsell, appeals the dismissal by the Johnson County Circuit Court of his petition for writ of habeas corpus. The state has moved this court to affirm the judgment of the trial court pursuant to Tennessee Court of Criminal Appeals Rule 20. On review, this court affirms the order of dismissal.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Lynn W. Brown |
Johnson County | Court of Criminal Appeals | 05/06/05 | |
Anthony Norfleet v. State of Tennessee
W2004-01293-CCA-MR3-PC
The petitioner, Anthony Norfleet, appeals the denial of his petition for post-conviction relief from his aggravated robbery conviction, arguing that the post-conviction court erred in finding he received effective assistance of trial counsel. Following our review, we affirm the denial of the petition.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge J. C. Mclin |
Shelby County | Court of Criminal Appeals | 05/06/05 | |
Albert Smith v. State of Tennessee
W2004-02169-CCA-R3-PC
The petitioner, Albert Smith, appeals the denial of his petition for post-conviction relief as time-barred. He contends that Blakely v. Washington, 542 U.S. ___, 124 S. Ct. 2531 (2004), announced a new rule of constitutional law that applies retroactively to his case, thereby creating an exception to the one-year statute of limitations for filing a post-conviction petition. He further contends that the post-conviction court should have held an evidentiary hearing to determine the reason for his late filing of the petition. We conclude that the petitioner has not demonstrated that a valid exception to the one-year statute of limitations exists in his case or that the post-conviction court erred by denying the petition without an evidentiary hearing. Accordingly, we affirm the post-conviction court’s summary denial of the petition.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge W. Fred Axley |
Shelby County | Court of Criminal Appeals | 05/06/05 | |
Montez Antuan Adams v. State of Tennessee
W2004-01013-CCA-R3-PC
On February 2, 1999, the petitioner, Montez Antuan Adams, filed a petition for post-conviction relief to challenge his 1997 Madison County Circuit Court convictions of first degree felony murder, especially aggravated burglary, conspiracy to commit especially aggravated burglary, and theft over $500, all of which were affirmed on appeal. See State v. Montez Antuan Adams, No. 02C01-9709-CC-00352 (Tenn. Crim. App., Jackson, Sept. 1, 1998). The post-conviction court appointed counsel, and after conducting an evidentiary hearing, it denied relief. The petitioner appealed in a timely manner. Following our review upon the record, we affirm the order denying post-conviction relief.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Clayburn L. Peeples |
Madison County | Court of Criminal Appeals | 05/06/05 | |
James William Parsons, Jr. v. State of Tennessee
E2004-01838-CCA-R3-HC
The petitioner, James William Parsons, Jr., filed a petition for a writ of habeas corpus, alleging that he pled guilty to an illegal sentence. The trial court denied the petition, and the petitioner now appeals. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Lynn W. Brown |
Johnson County | Court of Criminal Appeals | 05/06/05 | |
Linda June Cross v. State of Tennessee
E2003-01969-CCA-MR3-PC
The petitioner, Linda June Cross, was convicted by a jury in the Cumberland County Criminal Court of first degree murder. She was sentenced to life imprisonment in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for post-conviction relief, alleging that because her trial counsel had an actual conflict of interest in representing her, counsel was therefore ineffective. The post-conviction court denied the petition, and the petitioner now appeals. Upon our review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Leon C. Burns, Jr. |
Cumberland County | Court of Criminal Appeals | 05/06/05 | |
State of Tennessee v. Donald Blevins
M2004-01906-CCA-R3-CD
The defendant, Donald Blevins, was convicted for contributing to the delinquency of a minor. The trial court imposed a sentence of 11 months and 29 days. On appeal, the defendant asserts that the trial court erred by failing to instruct the jury on the defenses of necessity and duress. The conviction and sentence are affirmed; the case is remanded for entry of an amended judgment to correct a clerical error.
Authoring Judge: Presiding Judge Gary R. Wade
Originating Judge:Judge Larry B. Stanley, Jr. |
Warren County | Court of Criminal Appeals | 05/06/05 | |
Jimmy Jennett, Jr. a/k/a Michael Brewer v. State of Tennessee
M2004-01414-CCA-R3-HC
The petitioner, Jimmy Jennett, Jr., appeals the trial court's dismissal of his petition for writ of habeas corpus. In this appeal, he asserts that the trial court erred by dismissing the petition because he is "restrained of his liberty" by virtue of a 1977 Tennessee conviction that was used to increase his sentence for a 1985 Mississippi conviction. The judgment of the trial court is affirmed.
Authoring Judge: Presiding Judge Gary R. Wade
Originating Judge:Judge Don Ash |
Rutherford County | Court of Criminal Appeals | 05/06/05 | |
State of Tennessee v. Steve Cornell Snipes
W2004-01619-CCA-R3-CD
The defendant, Steve Cornell Snipes, pled guilty in the Haywood County Circuit Court to possession of over .5 grams of a Schedule II controlled substance with the intent to deliver or sell, a Class B felony, and was sentenced as a Range I, standard offender to eight years in the Tennessee Department of Correction. As a condition of his guilty plea, the defendant sought to reserve as a certified question of law whether the trial court erred in finding that the affidavit supporting the search warrant set forth sufficient facts establishing the credibility of the confidential informant. Based on our review, we affirm the order of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Clayburn L. Peeples |
Haywood County | Court of Criminal Appeals | 05/05/05 | |
Eric Bernard Chism v. State of Tennessee
W2004-01690-CCA-R3-PC
The petitioner, Eric Bernard Chism, appeals from the Madison County Circuit Court’s dismissal of his petition for post-conviction relief, through which he had attacked his Madison County jury convictions of felony murder, especially aggravated kidnapping, aggravated rape, and aggravated sexual battery. The post-conviction court determined that the petitioner failed to establish his claims of ineffective assistance of trial counsel. We conclude that the record supports this adjudication and affirm the order.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Roger A. Page |
Madison County | Court of Criminal Appeals | 05/05/05 | |
State of Tennessee v. Jason Brian Hargrove
M2003-00333-CCA-R3-PC
The petitioner, Jason Brian Hargrove, pled guilty to multiple counts of theft and burglary and was ordered to serve an effective sentence of twenty (20) years. This Court affirmed his sentence on direct appeal. See State v. Jason Brian Hargrove, No. M2001-01579-CCA-R3-CD, 2002 WL 1585638 (Tenn. Crim. App., at Nashville, July 18, 2002). The petitioner filed a timely petition for post-conviction relief, alleging ineffective assistance of counsel at trial and arguing that his guilty plea was not knowingly and voluntarily entered. After a hearing, the post-conviction court denied the petition. On appeal, the petitioner challenges the denial of the petition for post-conviction relief based on a claim of ineffective assistance of counsel. He also argues that the holding in Blakely v. Washington, 542 U.S. ___, 124 S. Ct. 2531 (2004), requires a reduction in his sentence. For the following reasons, we affirm the decision of the post-conviction court and decline to modify the petitioner's sentence.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge W. Charles Lee |
Marshall County | Court of Criminal Appeals | 05/05/05 | |
State of Tennessee v. Kenneth Carter
W2004-01627-CCA-R3-CD
The defendant, Kenneth Carter, was indicted along with the co-defendant, Varnard Wheeler, for theft of property over $60,000. By agreement with the state, the defendant pled guilty to a reduced charge of attempt to commit theft of property over $60,000, a Class C felony with a Range I sentence of six years. The trial court denied judicial diversion and ordered a sentence of ninety days in jail followed by supervised probation. In this appeal of right, the defendant argues that the trial court erred first by denying judicial diversion and second by denying immediate probation.
Authoring Judge: Presiding Judge Gary R. Wade
Originating Judge:Judge James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 05/05/05 | |
Niccole A. Naifeh, et al., v. Valley Forge Life Insurance Company, et al.
W2003-02800-COA-R3-CV
This appeal arises out of the interpretation of a life insurance contract. The trial court determined that the Decedent’s life insurance policy was in effect and had not lapsed due to Decedent’s failure to pay the premium due in January 2000. It ordered Valley Forge Life Insurance Company to pay the sum of $1,000,000.00 to Cathy Naifeh plus prejudgment interest of 8% per annum beginning on June 1, 2000. The lower court dismissed Valley Forge Life Insurance Company’s counterclaim against William McGowan, Jr. and Bill McGowan & Company. Further, it dismissed the claim of Decedent’s estate and Cathy Naifeh against Bill McGowan, Jr. and Bill McGowan & Company for negligent misrepresentation and their claims against Union Planters Bank. Finally, it dismissed the claims of Decedent’s estate and Cathy Naifeh against Union Planters Bank, William McGowan, and Valley Forge Life Insurance Company for violations of the Tennessee Consumer Protection Act. Valley Forge Life Insurance Company now seeks review by this Court. For the following reasons, we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Chancellor Dewey C. Whitenton |
Tipton County | Court of Appeals | 05/05/05 | |
State of Tennessee v. Robert Bradley, Jr.
W2004-00113-CCA-R3-CD
The Appellant, Clarence Keeley, d/b/a A-Bail Bond Company, appeals the order of the Lauderdale County Circuit Court denying his petition for reimbursement of the bond in the case of State of Tennessee v. Robert Bradley, Jr. On appeal, Keeley argues that the trial court erred in denying reimbursement of the $10,000 bail bond because (1) the circuit court was without jurisdiction to enter a forfeiture on the bond which secured Bradley’s appearance in the general sessions court and (2) Bradley’s guilty pleas to the charges released A-Bail Bond Company from its surety obligations. After review, we hold that the circuit court was without jurisdiction to enforce the bail bond. Accordingly, the judgment of the trial court is reversed, and reimbursement of the bond is ordered as provided below.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 05/05/05 | |
State of Tennessee v. Monoleto D. Green
M2003-02774-CCA-R3-CD
The Defendant was convicted on a jury verdict of three counts of aggravated robbery and three counts of robbery. Following a sentencing hearing, he was sentenced on all six convictions as a Range II offender to an aggregate sentence of eighty-four years with all sentences to be served consecutively. On appeal, the Defendant argues two issues: 1) there was insufficient evidence to support one of his robbery convictions and all three aggravated robbery convictions; and 2) the trial court erred by imposing excessive sentences and by ordering all the sentences to be served consecutively. We affirm the judgments of the trial court as to the convictions but modify the Defendant's sentences to an aggregate term of seventy-eight years.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 05/05/05 | |
State of Tennessee v. William Henry Wilson
E2004-01983-CCA-R3-CD
The Defendant, William Henry Wilson, pled guilty to one count of delivery of .5 grams or more of a schedule II controlled substance, and to one count of delivery of less than .5 grams of a schedule II controlled substance. The trial court sentenced the Defendant to an effective sentence of ten years, and the Defendant appeals, contending that his sentence is excessive. Finding no reversible error, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 05/04/05 | |
Martha Hallowell v. Vestco, Inc., d/b/a Wendy's, et al.
W2004-01322-COA-R3-CV
Appellant was asked to leave her job after she failed to comply with an order from her supervisor to comply with the dress code. Appellant was denied unemployment benefits because of work-related misconduct which was affirmed by the Board of Review. Appellant filed a Petition for Judicial Review in the chancery court. The chancery court affirmed the Board of Review and Appellant appeals. We affirm.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Chancellor James F. Butler |
Henderson County | Court of Appeals | 05/04/05 | |
Charlene Bennett v. Magna Seating Systems, et al.
W2004-01177-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 section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the Employee, Charlene Bennett, insists that the trial court erred in dismissing her complaint, finding that she had failed to prove that her injuries arose out of and in the course of her employment. For the reasons set out below, the Panel has concluded that the evidence fails to preponderate against the findings of the trial court. Judgment of the trial court is affirmed with costs assessed against the employee.
Authoring Judge: Special Judge Martha B. Brasfield
Originating Judge:Judge C. Creed McGinley |
Carroll County | Workers Compensation Panel | 05/04/05 | |
State of Tennessee v. William Henry Wilson
E2004-01983-CCA-R3-CD
The Defendant, William Henry Wilson, pled guilty to one count of delivery of .5 grams or more of a schedule II controlled substance, and to one count of delivery of less than .5 grams of a schedule II controlled substance. The trial court sentenced the Defendant to an effective sentence of ten years, and the Defendant appeals, contending that his sentence is excessive. Finding no reversible error, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 05/04/05 | |
In Re Adoption of John A. Kleshinski and Kevin na KleKleshinski, Chirleshinski and John E. Kleshinski v. Julia Elizabeth Kleshinski - Concurring
M2004-00986-COA-R3-CV
While I concur with the decisions reached by the majority in this case, I write separately to voice my concerns regarding the manner in which the majority approaches the best interest analysis mandated by section 36-1-113(c)(2) of the Tennessee Code.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Chancellor J. B. Cox |
Lincoln County | Court of Appeals | 05/04/05 | |
State of Tennessee v. Timothy D. Prince
M2004-01262-CCA-R3-CD
The appellant, Timothy D. Prince, was indicted by the Williamson County Grand Jury for one count of possession of marijuana. Prior to trial, the appellant filed a motion to suppress the evidence. The trial court denied the motion and found the appellant guilty of possession of marijuana after a bench trial. As a result, the trial court sentenced the appellant to serve eleven (11) months and twenty-nine (29) days in the county jail. After the denial of a motion for new trial and an amended motion for new trial, the appellant filed a timely notice of appeal. On appeal, the appellant challenges: (1) the trial court's denial of the motion to suppress; (2) the sufficiency of the evidence despite the possibility of missing evidence; and (3) the sentence imposed by the trial court. We affirm the judgment of the trial court.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Russell Heldman |
Williamson County | Court of Criminal Appeals | 05/03/05 | |
Vanessa Sircy v. Metropolitan Government of Nashville and Davidson County
M2004-00405-COA-R3-CV
This is a breach of contract action involving employment with a government municipality. In this case, the defendant municipality offered the plaintiff a job as a dispatcher at an annual salary of approximately $30,000, and the plaintiff accepted the position. Meanwhile, the defendant underwent job reclassifications and salary restructuring. On the second day of the plaintiff's employment with the defendant, she was informed that she would be paid an annual salary of approximately $24,000. After working for approximately five and one-half months for the defendant, the plaintiff resigned, citing the uncertainty regarding whether the defendant would adjust her salary, as they had suggested. Following her resignation, the plaintiff brought this action. Following a bench trial, the trial court determined that the defendant had made promises of employment at a certain salary that induced the plaintiff to resign her position at her former employment, and the defendant had breached those promises. As a result, the trial court found that the plaintiff had suffered damages in the amount of $16,500. The defendant has appealed the judgment of the trial court. Because we conclude that the trial court erroneously calculated damages, we modify the judgment of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge Walter C. Kurtz |
Davidson County | Court of Appeals | 05/03/05 |