Edward Beard v. State of Tennessee
W2004-00627-CCA-R3-PC
This appeal arises from the post-conviction court’s dismissal of the Petitioner’s petition for post-conviction relief. The Petitioner, Edward Beard, pled guilty to one count of rape, and the trial court sentenced him to eight years in prison, to be served at 100%. The Petitioner filed a pro se petition
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Clayburn L. Peeples |
Gibson County | Court of Criminal Appeals | 03/23/05 | |
Bobbie D. Gray, et al. v. The City of Memphis, Tennessee, et al.
W2004-00976-COA-R3-CV
The trial court permanently enjoined the City of Memphis from modifying its health care plan to require enrollees to obtain prescription medications through a mail-order pharmacy plan. We affirm in part, reverse in part, and remand.
Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor JWalter L. Evans |
Shelby County | Court of Appeals | 03/22/05 | |
Joshua Patrick Thompson v. State of Tennessee
W2004-00752-CCA-R3-PC
The petitioner appeals the denial of his petition for post-conviction relief. Specifically, he contends that the trial court erred (1) in failing to find ineffective assistance of trial counsel, and (2) in denying the petitioner’s motion for a continuance. Following our review, we affirm the denial of post-conviction relief.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Roger A. Page |
Henderson County | Court of Criminal Appeals | 03/22/05 | |
James Beasley v. Tony Parker, Warden
W2004-01899-CCA-R3-HC
The Petitioner James Beasley appeals the trial court's denial of his petition for habeas corpus ad testificandum. 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. An appeal as of right does not exist from a denial of a petition for habeas corpus ad testificandum. Accordingly, the above-captioned appeal is dismissed.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Jon K. Blackwood |
Hardeman County | Court of Criminal Appeals | 03/22/05 | |
Staubach Retail Services v. H. G. Hill Realty Co.
M2002-02661-SC-R11-CV
We granted this appeal to determine whether an unexecuted brokerage agreement incorporated into an executed lease constitutes an enforceable contract, thereby requiring payment of a brokerage fee to one of the real estate brokers who provided services pursuant to the unexecuted agreement. We conclude that all parties to the brokerage agreement assented to its terms and that the brokerage agreement's "occupancy" requirement was satisfied. Accordingly, we hold that the agreement is enforceable, and we affirm the Court of Appeals' award of the unpaid commission to the real estate broker.
Authoring Judge: Justice Janice M. Holder
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Supreme Court | 03/22/05 | |
State of Tennessee v. Dennis Watson
W2004-00153-CCA-R3-CD
The defendant, Dennis Watson, pled guilty to possession with the intent to sell or deliver a controlled substance, Schedule II, cocaine, in an amount over .5 grams, a Class B felony, in exchange for a sentence of twelve years as a standard Range I offender in the Department of Correction. The defendant reserved two certified questions of law for this appeal: (1) whether the trial court erred in denying his motion to dismiss based upon the right to a speedy trial; and (2) whether the trial court erred in denying his motion to suppress. After reviewing the issues, we affirm the judgment of the trial court.
Authoring Judge: Judge J. C. McLin
Originating Judge:Judge Lee Moore |
Dyer County | Court of Criminal Appeals | 03/22/05 | |
State of Tennessee v. Casey Austin
W2004-01448-CCA-R3-CD
The State appeals the trial court’s decision to dismiss the indictment against the defendant, Casey Austin, without prejudice. For reasons discussed below, we affirm the judgment of the trial court.
Authoring Judge: Judge J. C. McLin
Originating Judge:Judge W. Otis Higgs, Jr. |
Shelby County | Court of Criminal Appeals | 03/22/05 | |
State of Tennessee v. Doyle Arnel Whitlock
E2004-01852-CCA-R3-CD
The defendant, Doyle Arnel Whitlock, appeals from actions of the Washington County Criminal Court in the aftermath of his multiple, guilty-pleaded convictions, the denial of his motion to reduce his sentences, and his filing of a document titled "Appeal of Conviction," which despite the title raised issues of guilty plea validity and ineffective assistance of counsel. Upon our review, we dismiss the appeal in part and remand for further proceedings in the trial court.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Robert E. Cupp |
Washington County | Court of Criminal Appeals | 03/21/05 | |
Barry Halliburton v. Metokote Corporation
M2004-00364-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. § 50-6-225(e)(3) for reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer contends the trial court’s determination of sixty-five percent permanent partial impairment to the lower right extremity is excessive in light of the evidence. We hold that the evidence does not preponderate against the trial court’s findings. Accordingly, the judgment of the trial court is affirmed.
Authoring Judge: Senior Judge Jerry Scott
Originating Judge:Judge James O. Bond |
Smith County | Workers Compensation Panel | 03/21/05 | |
Luther E. Fowler v. Howard Carlton, Warden
E2004-01346-CCA-R3-HC
The petitioner, Luther E. Fowler, appeals from the Johnson County Criminal Court's summary dismissal of his petition for habeas corpus relief. We affirm.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Robert E. Cupp |
Johnson County | Court of Criminal Appeals | 03/21/05 | |
State of Tennessee v. Philander T. Fleming
W2003-02547-CCA-R3-CD
The appellant, Philander T. Fleming, was convicted by a jury in the Shelby County Criminal Court of voluntary manslaughter. The trial court sentenced the appellant to nine years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court’s ruling on his motion to suppress and the sufficiency of the evidence supporting his conviction. Upon our 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 Chris B. Craft |
Shelby County | Court of Criminal Appeals | 03/21/05 | |
The Estate of Floyd Olmstead, Deceased and Barbara D. Olmstead, Executrix, v. Betty Jayne Olmstead
E2004-01843-COA-R3-CV
In the Divorce Decree Decedent was ordered to pay alimony "until remarriage or death of plaintiff". Decedent's estate refused to pay alimony. The Trial Court held the Decree required the payment of alimony after Decedent's death. On appeal, we reverse and dismiss.
Authoring Judge: Presiding Judge Herschel Pickens Franks
Originating Judge:Chancellor Thomas R. Frierson, II |
Greene County | Court of Appeals | 03/21/05 | |
Tennessee Waste Movers, Inc. v. Loudon County, et. al.
E2002-02490-SC-R11-CV
We granted review in this case to determine the proper standard of review required by Tennessee Code Annotated section 68-211-704(c) (1996). We hold that the de novo review required by Tennessee Code Annotated section 68-211-704(c) requires the trial court to conduct an independent evaluation of all of the evidence before it. We overrule Tucker v. Humphreys County, 944 S.W.2d 613 (Tenn. Ct. App. 1996), upon which the Court of Appeals relied, and reverse the judgment of the Court of Appeals. We remand this case to the chancery court for a review of the county commission's findings using the proper de novo standard as required by Tennessee Code Annotated section 68-211-704(c) and this decision.
Authoring Judge: Justice Janice M. Holder
Originating Judge:Chancellor Frank V. Williams, III |
Loudon County | Supreme Court | 03/18/05 | |
State of Tennessee v. Aaron Edwin Aytes
E2004-01051-CCA-R9-CD
This is a state appeal from the Cumberland County Criminal Court's suppression of a handgun seized pursuant to a warrantless search of the defendant's vehicle. Because a "good faith" exception to the exclusionary rule has not been adopted as a facet of the state constitution, we affirm.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Leon C. Burns, Jr. |
Cumberland County | Court of Criminal Appeals | 03/18/05 | |
State of Tennessee v. Frazier Fashun Perry
W2004-00651-CCA-R3-CD
The appellant, Frazier Fashun Perry, was indicted for: (1) possession of cocaine over .5 grams with the intent to sell or deliver; (2) possession of marijuana over one-half ounce with the intent to sell or deliver; and (3) being a drug felon in possession of a handgun. The appellant filed a motion to suppress the items seized as a result of the execution of a “no knock” search warrant. The trial court denied the motion to suppress and the appellant entered a guilty plea to possession of more than .5 grams of cocaine with the intent to resell, a Class B felony. As part of the plea agreement, the appellant reserved a certified question of law to determine whether exigent circumstances existed to justify execution of the “no knock” search warrant in violation of Tennessee Rules of Criminal Procedure 41(e). The appellant filed a timely notice of appeal. We determine that the trial court did not err in denying the motion to suppress as the State proved that exigent circumstances existed which justified the issuance of a “no knock” search warrant. Therefore, we affirm the judgment of the trial court.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Lee Moore |
Dyer County | Court of Criminal Appeals | 03/18/05 | |
Terrance Dupree Woods v. State of Tennessee
W2004-00443-CCA-R3-PC
Petitioner, Terrance Dupree Woods, appeals the post-conviction court’s dismissal of his petition for post-conviction relief. Following a review of the record in this matter, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Clayburn L. Peeples |
Madison County | Court of Criminal Appeals | 03/18/05 | |
State of Tennessee v. Doreen Jones
M2003-01942-CCA-R3-CD
The defendant, Doreen Jones, was convicted of second degree murder. The trial court imposed a Range I sentence of twenty-one years. In this appeal, the defendant asserts (1) that the evidence is insufficient to support the conviction; (2) that the trial court erred in its instructions to the jury; (3) that the trial court erred by admitting into evidence certain photographs of the victim; (4) that the trial court erred by failing to instruct the jury regarding expert testimony provided by a defense witness; (5) that the trial court erred by admitting into evidence a videotape recording; (6) that the trial court erred by permitting the medical examiner to testify that the victim's death resulted from abuse and neglect and by refusing to redact this statement from the autopsy report; (7) that the trial court erred by permitting the state to read certain Social Security regulations; and (8) that the trial court erred by refusing to grant a change of venue. The defendant has also asked this court to review the propriety of the sentence in light of Blakely v. Washington, 542 U.S. ___, 124 S. Ct. 2531 (2004). The judgment of the trial court is affirmed.
Authoring Judge: Presiding Judge Gary R. Wade
Originating Judge:Judge Larry B. Stanley, Jr. |
Warren County | Court of Criminal Appeals | 03/18/05 | |
State of Tennessee v. William Timothy Carter, et al.
W2002-00947-SC-R11-CD
We granted this appeal to determine whether evidence seized from the defendants’ residence
Authoring Judge: Justice Janice M. Holder
Originating Judge:Judge Charles C. Mcginley |
Carroll County | Supreme Court | 03/18/05 | |
Drexel Wayne Long v. Mid-Tennessee Ford Truck Sales Inc. et al
M2003-00300-SC-WCM-CV
We granted review in this workers' compensation case to determine whether "nursing services," as used in Tennessee Code Annotated section 50-6-204(a) (1999), includes care provided by an injured employee's spouse where the spouse is a certified nurse technician. After reviewing the record and applicable authority, we conclude that care provided by a certified nurse technician is compensable under the Workers' Compensation Law irrespective of the relationship between the caregiver and the employee. We further hold that the care here was reasonably necessary and was provided pursuant to what the employee understood to be the physician's orders. Accordingly, we reverse the findings of fact and conclusions of law of the Special Workers' Compensation Appeals Panel as to this issue and remand to the trial court for a determination of the value of the nursing services rendered by Mrs. Long. We affirm as to the other issues raised by the appellant employee.
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Chancellor Robert E. Corlew, III |
Rutherford County | Supreme Court | 03/18/05 | |
Clarence Washington v. State of Tennessee
W2003-03033-CCA-R3-HC
Petitioner, Clarence Washington, appeals the trial court’s denial of his petition for writ of habeas corpus challenging the legality of his sentence for his conviction of the offense of escape from a penitentiary. After a review of the record, we affirm the trial court’s dismissal of Petitioner’s petition for writ of habeas corpus.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 03/18/05 | |
State of Tennessee v. Ronald Allen
E2004-01308-CCA-R3-CD
The defendant, Ronald Allen, was convicted of rape of a child. The trial court imposed a sentence of twenty-five years. In this appeal, he asserts (1) that the evidence is insufficient; (2) that the trial court erred by permitting the state to ask leading questions of the minor victim; (3) that the sentence is excessive under the terms of the 1989 Sentencing Act; and (4) that the sentence must be modified under the terms of Blakely v. Washington, 524 U.S. ___, 124 S. Ct. 2351 (2004). The sentence is modified to twenty-three years. Otherwise, the judgment is affirmed.
Authoring Judge: Presiding Judge Gary R. Wade
Originating Judge:Judge Lynn W. Brown |
Washington County | Court of Criminal Appeals | 03/17/05 | |
Cavalier Metal Corporation, et al. v. Finch & McBroom, et al.
W2004-01536-COA-R3-CV
Appellants, who were represented in a lawsuit by Appellees, appeal the dismissal of their attorney malpractice suit against Appellees on the ground, among other things, that the Appellants did not file suit within the one-year statute of limitations for attorney malpractice actions. Finding no error, we affirm.
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Judge Roy B. Morgan, Jr. |
Henderson County | Court of Appeals | 03/17/05 | |
Austa La Vista, LLC and Take It Easy, LLC, and Boardwalk Property Owners Association, v. Mariner's Pointe Interval Owners Association, Inc., and Henry Phillips, Individually
E2004-00184-COA-R3-CV
In this dispute, plaintiffs sought declaratory judgment as to use of their lake by defendant, payment of fees and injunctive relief. Defendant counter-claimed for a declaratory judgment as to its use of the lake, disputed any obligation to pay fees to the plaintiff, and sought monetary damages and attorney's fees. The Trial Court held that plaintiffs' owned the lake and the master deed provided for maintenance fee and membership fees, that defendant's members were required to pay. But if the defendants' members did not use the lake they would not be required to pay the fees. On appeal, we hold the Court correctly found that the lake was an amenity and that a lake use fee was required to be paid to plaintiffs pursuant to the master deed and exhibits. But the Court erred in holding that defendant owners could choose not to use the lake and not pay the fees. We otherwise affirm the Court's rulings on the issues raised on appeal.
Authoring Judge: Presiding Judge Herschel Pickens Franks
Originating Judge:Chancellor Vernon Neal |
Cumberland County | Court of Appeals | 03/17/05 | |
Larry Brent Darnell v. Connecticut Indemnity Company
M2003-00914-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with the Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of the findings of fact and conclusions of law. The issue in this case is whether the trial court's award of permanent total disability is supported by a preponderance of the evidence. We find no error and affirm the judgment of the trial court.
Authoring Judge: Special Judge Rita L. Stotts
Originating Judge:Judge Jim T. Hamilton |
Maury County | Workers Compensation Panel | 03/17/05 | |
State of Tennessee, Department of Children's Services v. RDV
E2004-01216-COA-R3-PT
In this action to terminate father's parental rights, the Trial Court refused to appoint counsel for father, despite his claim of indigence. On appeal, we vacate the Judgment and remand for further hearing on the issue of indigency.
Authoring Judge: Presiding Judge Herschel Pickens Franks
Originating Judge:Judge Patricia R. Hess |
Anderson County | Court of Appeals | 03/17/05 |