APPELLATE COURT OPINIONS

Frank Crittenden v. State of Tennessee

M2002-01856-CCA-R3-PC

The Appellant, Frank Crittenden, appeals the Davidson County Criminal Court's dismissal of his petition for post-conviction relief. Crittenden pled guilty to eight counts of aggravated rape and, following a sentencing hearing, received an effective one-hundred-year sentence in the Department of Correction. On appeal, the single issue presented for our review is whether Crittenden was denied the effective assistance of counsel. Following a review of the record, we affirm the judgment of the post-conviction court dismissing the petition.

Authoring Judge: Judge David G. Hayes
Originating Judge:Judge J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 11/20/03
State of Tennessee v. Traci L. Crews

M2002-02908-CCA-R3-CD

The defendant entered a best interest plea to theft over $10,000, as a Range I, standard offender. She was sentenced to six years, with eight months of confinement and the remainder suspended with ten years of intensive probation. Restitution was included. On appeal of her sentence, the sentence was modified to three years and the remaining terms of the sentence affirmed in all respects.

Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Donald P. Harris
Williamson County Court of Criminal Appeals 11/20/03
State of Tennessee v. Torrance Maurice Knight

E2003-00079-CCA-R3-CD

The defendant pled guilty to three counts of aggravated assault, two counts of solicitation of a minor, four counts of indecent exposure, and possession of a dangerous weapon. He agreed to an effective five-year sentence, with the manner of service to be determined by the trial court. The defendant contends that the trial court erred in denying him an alternative sentence. We affirm the judgments of the trial court.

Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Douglas A. Meyer
Hamilton County Court of Criminal Appeals 11/19/03
In Re: J.J.C., D.M.C., S.J.B. vs. John Calabretta

W2002-01400-COA-R3-JV
This is a termination of parental rights case. While the father was incarcerated for driving offenses, the mother was arrested for possession of drug paraphernalia. As a result, the parties' two young children were placed in state custody. When the father was released from prison, he contacted the state to enter into a plan of permanency. Subsequently, the state filed a petition to terminate the parental rights of both the mother and the father, alleging that they had failed to comply with the permanency plan, and that they abandoned the children by willfully failing to pay child support to the state. Almost a year later, the trial court conducted a trial in the matter. After the trial, the trial court entered an order terminating the parental rights of both the mother and the father. The father's parental rights were terminated based, in part, upon abandonment. Only the father has appealed from the trial court's decision. We reverse, finding that the evidence does not establish by clear and convincing evidence that the father's failure to make support payments was willful.
Authoring Judge: Judge Holly M. Kirby
Shelby County Court of Appeals 11/19/03
Debbie Legens v. Darin Marshall D/B/A Marshall Recovery

W2003-00005-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:William B. Acree
Weakley County Court of Appeals 11/19/03
State of Tennessee, ex.rel. Vikki Davis vs. John Davis

W2001-02565-COA-R3-CV
This case involves a judge's sua sponte decision not to enforce a Tennessee statute. The parties divorced in 1997, and the mother was awarded custody of the parties' minor daughter. The father was required to pay child support. The father failed to pay, and the State filed a petition for contempt on the mother's behalf. The father was found in contempt for his failure to pay. Sua sponte, the trial judge refused to enforce the Tennessee statute requiring the payment of a child support processing fee, citing a perceived violation of an unspecified federal law. The State appeals. We reverse, finding that the trial judge erred in refusing to apply the statute.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:George R. Ellis
Haywood County Court of Appeals 11/19/03
Richard Rehagen v. State of Tennessee

W2003-00894-CCA-R3-PC

The Defendant, Richard Rehagen, pled guilty to one count of first degree murder, one count of attempted first degree murder, and one count of aggravated arson. He was sentenced to life imprisonment without the possibility of parole for the murder, and to twenty-five years for each of the other two offenses, to run concurrently. The Defendant subsequently challenged his pleas by filing a petition for post-conviction relief. The trial court denied the Defendant’s petition after an evidentiary hearing, and the Defendant now appeals. We affirm the judgment of the trial court.

Authoring Judge: Judge David H. Welles
Originating Judge:Judge John P. Colton, Jr.
Shelby County Court of Criminal Appeals 11/19/03
Terry Baker Smithson v. James Alvin Smithson, Jr.

W2003-00204-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Shelby County Court of Appeals 11/19/03
State of Tennessee v. Kevin D. Guffey

E2002-02527-CCA-R3-CD

The appellant, Kevin D. Guffey, pled guilty in the Hamilton County Criminal Court to driving under the influence (DUI), a Class A misdemeanor. The trial court sentenced the appellant to eleven months and twenty-nine days in the county workhouse, to be suspended after serving forty-eight hours, and imposed a fine in the amount of three hundred sixty dollars ($360). The trial court also suspended the appellant's driver's license for one year and ordered the appellant to attend "DUI school." Pursuant to the plea agreement, the appellant reserved the right to appeal a certified question of law challenging the trial court's denial of his motion to suppress. 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 Rebecca J. Stern
Hamilton County Court of Criminal Appeals 11/19/03
Ira Miles v. State of Tennessee

W2003-00784-CCA-R3-PC

The Defendant, Ira Miles, brings this appeal from the trial court’s denial of post-conviction relief. The Defendant pled guilty to especially aggravated robbery and received an agreed sentence of seventeen years to be served at one hundred percent. In this appeal, he argues that he is entitled to post-conviction relief because he was denied the effective assistance of counsel during the course of his plea. We affirm the judgment of the trial court.

Authoring Judge: Judge David H. Welles
Originating Judge:Judge Chris B. Craft
Shelby County Court of Criminal Appeals 11/19/03
Mohammad Rafieetary v. Maryam Khoshroo Rafieetary

W2003-00121-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:John R. Mccarroll, Jr.
Shelby County Court of Appeals 11/18/03
Charles R. Newman v. The City of Knoxville,

E2003-00841-WC-R3-CV
In this appeal, the employee insists the trial court erred in granting summary judgment in favor of the employer. As discussed below, the panel has concluded the trial court erred in granting the employer summary judgment.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Sharon Bell, Chancellor
Knox County Workers Compensation Panel 11/18/03
W2003-00017-COA-R3-CV

W2003-00017-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Appeals 11/18/03
W2003-00461-COA-R3-CV

W2003-00461-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Karen R. Williams
Shelby County Court of Appeals 11/18/03
State of Tennessee v. John Johnson

W2002-01333-CCA-R3-CD

The jury convicted the defendant of especially aggravated robbery and theft over $10,000. The trial court imposed consecutive twenty-five-year and ten-year sentences, respectively. On appeal, the defendant argues: (1) there was insufficient evidence to support his conviction for especially aggravated robbery; (2) the trial court erred in not allowing him to move from the defense table to view evidence on a monitor; and (3) the trial court erred in sentencing him. We affirm the judgments of the trial court.

Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Joseph B. Dailey
Shelby County Court of Criminal Appeals 11/18/03
CH-01-1611-3

CH-01-1611-3

Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 11/18/03
W2002-03139-COA-R3-CV

W2002-03139-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Kay S. Robilio
Shelby County Court of Appeals 11/18/03
State of Tennessee v. Eslie L. Morgan

W2003-00172-CCA-R3-CD

A Shelby County jury convicted the defendant, Eslie L. Morgan, of attempted voluntary manslaughter. The trial court sentenced him to eight years in confinement as a Range II multiple offender. On appeal, the defendant contends: (1) the evidence is insufficient to support his conviction; and (2) the trial court erred in permitting the prosecutor to ask the victim an improper question during redirect examination. Upon review of the record and the applicable law, we affirm the judgment of the trial court.

Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge W. Otis Higgs, Jr.
Shelby County Court of Criminal Appeals 11/18/03
W2002-02228-COA-R3-CV

W2002-02228-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert L. Childers
Shelby County Court of Appeals 11/18/03
Nadia Coffer v. State of Tennessee

W2003-00529-CCA-R3-PC

The petitioner, Nadia Coffer, appeals the lower court’s denial of her post-conviction relief petition. The petitioner originally entered guilty pleas in the Shelby County Criminal Court to especially aggravated kidnapping and attempted first degree murder and received two concurrent fifteen-year sentences, the minimum sentences for these Class A felonies. On appeal, the petitioner contends her pleas were unknowingly and involuntarily entered due to ineffective assistance of counsel. We affirm the judgment of the post-conviction court.

Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Arthur T. Bennett
Shelby County Court of Criminal Appeals 11/18/03
Traci L. Nolan v. Covenant Health

E2003-00288-WC-R3-CV
The trial court found the plaintiff did not prove that she contracted Hepatitis C while in the course and scope of her employment. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:Frank V. Williams, III, Chancellor
Knox County Workers Compensation Panel 11/17/03
Jeanne L. Schuett v. Egon Horst Schuett, Jr.

W2003-00337-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Rita L. Stotts
Shelby County Court of Appeals 11/17/03
Maria Louise Bernhard Kollasch Krahn v. Todd Michael

W2002-02931-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:George H. Brown
Shelby County Court of Appeals 11/17/03
CH-02-1470-3

CH-02-1470-3

Originating Judge:D. J. Alissandratos
Shelby County Court of Appeals 11/17/03
State of Tennessee v. Tim Holt

E2002-02471-CCA-R3-CD

The defendant, Tim Holt, appeals as of right from his conviction by a jury in the Hancock County Criminal Court for first degree, premeditated murder. The defendant received a sentence of life imprisonment with the possibility of parole. He contends that (1) the evidence is insufficient to support his conviction, (2) the trial court erroneously allowed the defendant's wife to testify, violating his privilege regarding marital communications, (3) the trial court erroneously allowed prejudicial exhibits to be entered into evidence, and (4) the trial court erroneously instructed the jury on second degree murder. We affirm the trial court.

Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge James E. Beckner
Hancock County Court of Criminal Appeals 11/17/03