| State vs. Matau Goins
E2000-01159-CCA-R3-PC
The petitioner filed a petition for post-conviction relief alleging ineffective assistance of counsel. Specifically, the petitioner alleges that when his attorney informed him that a particular witness was going to testify against him he was scared into pleading guilty. We agree with the post-conviction court's findings that the plea was voluntarily, understandably, and intelligently made. We affirm the post-conviction court's dismissal of the petition.
Authoring Judge: Judge John Everett Williams
Originating Judge:James E. Beckner |
Hawkins County | Court of Criminal Appeals | 10/17/00 | |
| Rebecca Cooper vs. Porter Cooper
W1999-01450-COA-R3-CV
This appeal arises from a dispute over a term in a Property Settlement Agreement that obligated Mr. Cooper to pay for his son's college education. Ms. Cooper sought reimbursement for various expenses totaling over $16,000.00 associated with her son's first year of college at Mississippi State University. Mr. Cooper argues that he should be liable only for the cost of tuition, fees, and books. For the following reasons, we affirm as modified and remand.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Joe C. Morris |
Chester County | Court of Appeals | 10/17/00 | |
| State vs. Randy Lee Bowers
E2000-00585-CCA-R3-CD
After entering guilty pleas to possession of a Schedule VI controlled substance (marijuana); driving under the influence, third offense; and driving while his license was revoked, after a second or subsequent conviction for driving under the influence, the Criminal Court for Sullivan County conducted a sentencing hearing and then sentenced the defendant. The defendant contends that the trial court erred in ordering consecutive sentences and in failing to place him on probation after the service of the minimum sentence of one hundred-twenty days for DUI third offense. After careful review, we interpret the defendant's sentence to be three hundred-eighteen (318) days of full incarceration followed by four hundred fifty-five (455) days on supervised probation. Further, we affirm the denial of alternative sentencing.
Authoring Judge: Judge John Everett Williams
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Christopher Knighton
E2000-00746-CCA-R3-CD
The defendant was convicted by a jury of aggravated rape, aggravated burglary and theft. In his direct appeal, he presents six issues for review. Three of those issues concern the jury selection process, one issue is an evidentiary issue, and the other issues concern the sufficiency of the indictment and the sufficiency of the evidence. With respect to the jury selection process, we hold: the failure to raise the issue of a "Batson violation" during jury selection constitutes a waiver of that issue; the failure to swear the jury before voir dire is not reversible error unless it is shown that a juror did not truthfully answer the questions as the result of not being sworn; and the trial court did not abuse his discretion in refusing to dismiss two jurors for cause. Additionally, we hold that felony drug crimes are relevant to the issue of credibility under Tenn.R Evid. 609, and that under the facts of this case, the unfair prejudicial effect did not outweigh the probative value of the impeaching convictions. Finally, we hold that the indictment charging the defendant with aggravated rape was legally sufficient, and that the evidence was sufficient to support the verdict of the jury for that offense.
Authoring Judge: Judge William B. Acree
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Joseph Miles
M1998-00682-CCA-R3-PC
Defendant Joseph Miles was convicted by a Robertson County jury of second degree murder. After a sentencing hearing, the trial court sentenced Defendant as a Range II violent offender to forty years. On appeal, Defendant raises the following issues: (1) whether the evidence is sufficient to support his conviction for second degree murder, (2) whether the sentence imposed by the trial court is excessive, and (3) whether a finding of plain error pursuant to Tenn. R. Crim. P. 52(b) justifies a dismissal of charges on the ground that the State participated in a conspiracy to kill Defendant. After a review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Robert W. Wedemeyer |
Robertson County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Nicholas Robert Brown
E1999-00110-CCA-R3-CD
The Defendant, Nicholas Roberts Brown, pleaded guilty to one count of statutory rape. Pursuant to his plea agreement, he received a sentence of one year, with the manner of service of the sentence to be determined by the trial court. After a sentencing hearing, the Defendant was ordered to serve sixty days in jail, with the remainder of his sentence to be served in community corrections. In this appeal as of right, the Defendant argues that he should have been placed on immediate probation. We hold that the Defendant failed to establish his suitability for full probation, but we modify the his sentence to sixty days incarceration followed by supervised probation because the Defendant is statutorily ineligible to participate in the community corrections program. The case is remanded for the trial court to determine the conditions of probation.
Authoring Judge: Judge David H. Welles
Originating Judge:Richard R. Vance |
Sevier County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Carlos Demetrius Harris
E2000-00718-CCA-R3-CD
The Defendant, Carlos Demetrius Harris, appeals as of right from his reckless homicide conviction. On appeal, he presents the following six issues: (1) whether the trial court erred by granting the State's motion to amend the indictment from voluntary manslaughter to reckless homicide; (2) whether the trial court erred by allowing inadmissible items into evidence; (3) whether the trial court erred by not allowing testimony by the Hamilton County Medical Examiner that an ordinary person would be unaware that one blow to the head would cause death; (4) whether the trial court erred by granting the State's jury instruction request regarding causation and intent; (5) whether the evidence was sufficient to support the conviction; and (6) whether the trial court erred by sentencing the Defendant to a term of six years and by denying the Defendant alternative sentencing. We find no reversible error; accordingly, we affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Lester Parker
E2000-00282-CCA-R3-CD
The defendant appeals from a jury trial conviction for criminal attempt to possess Schedule II controlled substance with intent to deliver. In the appeal, the defendant alleges that the evidence was insufficient to support the jury's verdict, the trial court erred in allowing a positive drug test of the defendant to be admitted into evidence, and the trial court erred in denying the defendant's motion to remand the case to the General Sessions Court for a preliminary hearing. We conclude that the issues presented for appeal are without merit and affirm the trial court.
Authoring Judge: Judge William B. Acree
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 10/17/00 | |
| Larry Ray vs. TN Farmers
W1999-00698-COA-R3-CV
Appellant had a fire insurance policy with Appellee which covered Appellant's dwelling and the contents therein. After a fire completely destroyed Appellant's home and all of the contents therein, Appellee refused to pay Appellant for his losses. Appellee declared the policy to be void ab initio due to material misrepresentations contained in the application for insurance. Jury returned a verdict in favor of Appellant, finding that Appellant did not make the misrepresentations with the intent to deceive the Appellee. The trial court directed a verdict for Appellee, holding that the misrepresentations were material and increased the Appellee's risk of loss. We reverse the directed verdict and remand.
Authoring Judge: Judge David R. Farmer
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Appeals | 10/17/00 | |
| Phyllis McBride vs. State
M2000-00034-CCA-R3-PC
The Petitioner, Phyllis McBride, was convicted by a Rutherford County jury of first degree murder. On appeal, this Court affirmed the conviction. The Petitioner filed an application for permission to appeal to the Tennessee Supreme Court which was denied. The Petitioner then filed a petition for post-conviction relief. Following a hearing, the petition was dismissed. The Petitioner now appeals the trial court's denial of post-conviction relief. Finding no error, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 10/17/00 | |
| Harold Angus vs. Western Hert.
W2000-00902-COA-R3-CV
This appeal arises from a dispute between Contractor and Insurer over insurance coverage during a building demolition project. During the project, Contractor knowingly damaged an adjacent structure. When suit was brought against Contractor by the owners of the adjacent structure, Insurer refused coverage. The trial court found Insurers' policy and endorsement to be ambiguous and thus unenforceable. We disagree, finding that the policy and endorsement are not ambiguous and that they clearly state that Insurer will provide no coverage for intentional damage to other structures. We reverse the trial court's ruling and find that Insurer is not liable under the policy.
Authoring Judge: Judge David R. Farmer
Originating Judge:Joe C. Morris |
Madison County | Court of Appeals | 10/17/00 | |
| State vs. John Lee Dockery
E2000-00753-CCA-R3-CD
The Defendant, John Lee Dockery, was convicted after a bench trial of fourth offense driving under the influence (DUI) and driving on a revoked license. In this appeal as of right, the Defendant argues that the trial court erred by admitting into evidence statements the Defendant made to the arresting officer before Miranda warnings were given and that the evidence was insufficient to support the DUI conviction. We conclude that the statements made by the Defendant were properly admitted and that the evidence was sufficient to support the convictions. The judgment of the trial court is affirmed.
Authoring Judge: Judge David H. Welles
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Ezra Ervin & Andrew McKinney
E1999-00287-CCA-R3-CD
The defendants were found guilty of robbing a Krystal restaurant in Chattanooga. In this direct appeal, they allege four errors. They contend the evidence was insufficient to support their convictions; the trial court erred in allowing certain items of clothing found in one of the defendant's vehicle to be admitted into evidence because the clothing could not be positively identified as clothing worn by the people robbing the restaurant; the trial court erred in failing to suppress a statement made by one of the defendants at the time of his arrest because the defendant had not been given Miranda warnings; and the trial court erred in failing to declare a mistrial after the jury reported improper verdicts. We conclude there was no error made by the trial court, and the judgments below are affirmed.
Authoring Judge: Judge William B. Acree
Originating Judge:Rebecca J. Stern |
Hamilton County | Court of Criminal Appeals | 10/17/00 | |
| Vestal Mfg. Co. v. Anderson
E1999-01470-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 _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The appellant, Vestal Manufacturing Co., appeals an award of thirty-five percent disability to the body as a whole to Teresa Anderson. Appellant contends the trial court erred (1) in finding that Ms. Anderson has a twenty percent medical impairment rather than a five percent medical impairment, (2) in concluding Ms. Anderson has a permanent partial disability of thirty-five percent to the body as a whole, and (3) in construing the phrase, "The employer takes the employee as it finds her." We affirm the judgment of the trial court.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:Lawrence Howard Puckett, Judge |
Knox County | Workers Compensation Panel | 10/17/00 | |
| State vs. Larry Coulter
M1999-00784-CCA-R3-CD
The appellant, Larry Coulter, appeals his conviction by a jury in the Rutherford County Circuit Court of one count of first degree premeditated murder. For his offense, the appellant received a sentence of life imprisonment in the Tennessee Department of Correction. In this appeal, the appellant presents the following issues for our review: (1) whether the trial court erred in failing to disqualify the office of the District Attorney General for the Sixteenth Judicial District from participating in the appellant's case; (2) whether the trial court erred in denying the appellant's pre-trial motion to suppress a statement that he made to officers of the La Vergne Police Department following his offense; (3) whether the trial court erred in denying the appellant's pre-trial motion to suppress the fruits of a warrantless search of his home by officers of the La Vergne Police Department; (4) whether the trial court erred in denying the appellant's pre-trial motion to exclude from evidence notes and letters written by the appellant to the victim prior to this offense; (5) whether the trial court erred in denying the appellant's pre-trial motion to exclude from evidence any proof of the victim's plans to move away from the Coulters' mobile home; (6) whether the trial court erred in overruling the appellant's objection to testimony by Sybil Victory concerning a telephone conversation; (7) whether the trial court erred in overruling the appellant's Tenn. R. Evid. 615 objection to testimony by Fawn Jones; (8) whether the trial court erred in overruling the appellant's objection to testimony by the State's firearms identification expert concerning a bullet recovered from the victim's body; (9) whether the trial court erred in permitting each member of the jury to "dry-fire" the murder weapon during the State's case-in-chief; (10) whether the trial court erred in permitting a State's witness to testify by deposition pursuant to Tenn. R. Crim. P. 15; (11) whether the trial court erred in permitting the State to impeach the appellant's psychologist with a "learned treatise" without satisfying the requirements of Tenn. R. Evid. 618; (12) whether the trial court erred in overruling the appellant's objection to rebuttal testimony by the State's psychologist that violated Tenn. R. Crim. P. 12.2(c); (13) whether the trial court erred in failing to charge the jury with certain special instructions requested by the appellant; (14) whether the trial court erred in permitting the State to alter or amend an exhibit immediately prior to the jury's deliberations; (15) whether the evidence adduced at trial is sufficient to support the jury's verdict; and (16) whether the cumulative effect of any errors requires the reversal of the appellant's conviction and the remand of this case for a new trial. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:J. Steve Daniel |
Rutherford County | Court of Criminal Appeals | 10/17/00 | |
| Bobby Conlee vs. Juanita Conlee
W2000-00471-COA-R3-CV
This appeal involves a divorce ending a fourteen year marriage. The trial court granted the husband a divorce and divided the property. On appeal, the wife takes issue with the division of marital property, and the failure of the trial court to award her alimony or attorney's fees. For the following reasons, we affirm the judgment of the trial court in all respects.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Martha B. Brasfield |
Tipton County | Court of Appeals | 10/17/00 | |
| State vs. Jerry L. Johns
E2000-00505-CCA-R3-CD
The Defendant, Jerry L. Johns, appeals from the order of the trial court dismissing his "Motion to Vacate Judgment" as barred by the statute of limitations. The trial court apparently treated the Defendant's motion as a petition for post-conviction relief. We hold that the trial court properly treated the Defendant's motion as a petition for post-conviction relief and that the motion was properly dismissed because it was barred by the statute of limitations, because another post-conviction petition had already been filed and resolved on the merits, and because the grounds for relief alleged by the Defendant had been previously determined. Accordingly, we affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Joey Salcido
M1999-00501-CCA-R3-CD
Defendant Joey L. Salcido was indicted by the Giles County Grand Jury for three counts of incest and three counts of rape of a child. Following a jury trial, Defendant was convicted of three counts of aggravated sexual battery as a lesser-included offense of child rape and acquitted of the charges of incest. On March 15, 1999, the trial court sentenced Defendant as a violent 100% offender to a term of twelve years for each of his three convictions and ordered that all sentences be served consecutively. On April 15, 1999, thirty-one days after Defendant's judgment was entered, Defendant filed an untimely motion for new trial. The motion was nevertheless heard on April 19, 1999 and denied on April 20, 1999. On April 23, 1999, Defendant filed a notice of appeal which was also untimely due to the late filing of Defendant's motion for new trial. On May 25, 2000, Defendant filed a motion to waive the timely filing of his notice to appeal and on June 7, 2000, this Court granted Defendant's motion. In this appeal Defendant raises the following issues: (1) whether the Defendant's conviction of aggravated sexual battery, an offense which was neither charged in the indictment nor a lesser-included offense of the offenses charged, was error; (2) whether, assuming aggravated sexual battery is determined to be a lesser-included offense of child rape, the trial court erred in its jury instruction regarding the mental state necessary to convict him; (3) whether the trial court erred when it admitted certain evidence over Defendant's objections; (4) whether the cumulative effect of the trial court's errors renders the trial fundamentally unfair so as to offend Defendant's due process guarantees; and (5) whether the trial court erred when it imposed consecutive sentences. Defendant asserts that his first issue concerns subject matter jurisdiction and, therefore, must be heard by this Court pursuant to Tenn. R. App. P. 13(b). Defendant also urges this Court to exercise its discretion under Tenn. R. Crim. P. 52(b) or Tenn. R. App. P. 13(b) and consider the remaining four issues. After a thorough review of the record and applicable law, we find no errors requiring reversal and affirm the judgment of the trial court.
Originating Judge:Jim T. Hamilton |
Giles County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Ronald Byrd
E2000-00118-CCA-R3-CD
The Defendant, Ronald W. Byrd, was convicted of criminal trespass, a Class C misdemeanor. In this appeal as of right, he asserts that the evidence was insufficient to support the conviction. We hold that the evidence was sufficient to support the conviction, and we affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Chester Lebron Bennett
E2000-02735-CCA-RM-CD
This case presents an appeal to this court after remand by order of the Tennessee Supreme Court. The Appellant, Chester Lebron Bennett, pled guilty to five counts of criminal exposure to HIV and was sentenced to five concurrent four-year Department of Correction sentences. This court, on direct appeal, remanded the case to the trial court for consideration of alternative sentencing. See State v. Chester Lebron Bennett, No. 03C01-9810-CR-00346 (Tenn. Crim. App. at Knoxville, July 28, 1999), perm. to appeal granted, (Tenn. Oct. 16, 2000). Subsequent to this court's decision, the supreme court released its decision in the case of State v. Daryl Hooper, No. M1997-00031-SCR-11-CD (Tenn. at Nashville, Sept. 21, 2000) (for publication). In State v. Daryl Hooper, the court announced new sentencing considerations regarding the need for deterrence as grounds for denying an alternative sentence. In light of its decision in State v. Daryl Hooper, the court remanded the case to this court for reconsideration. See State v. Chester Lebron Bennett, No. E1998-00614-SC-R11-CD (Tenn. at Knoxville, Oct. 16, 2000). After revisiting this issue under the standards announced in State v. Daryl Hooper, we affirm the trial court's denial of alternative sentencing.
Authoring Judge: Judge David G. Hayes
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 10/16/00 | |
| State vs. Michael Cook
W2001-01539-CCA-R3-CD
The Defendant, Michael Joseph Cook, was convicted of driving under the influence, second offense. The trial court sentenced him to 11 months and 29 days and required him to serve six months of that sentence in the local jail. On appeal, the Defendant contends that (1) the evidence was insufficient to establish guilt beyond a reasonable doubt and (2) the trial court improperly sentenced the Defendant. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:William B. Acree |
Obion County | Court of Criminal Appeals | 10/14/00 | |
| State vs. Michael Cook
W2001-01539-CCA-R3-CD
The Defendant, Michael Joseph Cook, was convicted of driving under the influence, second offense. The trial court sentenced him to 11 months and 29 days and required him to serve six months of that sentence in the local jail. On appeal, the Defendant contends that (1) the evidence was insufficient to establish guilt beyond a reasonable doubt and (2) the trial court improperly sentenced the Defendant. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:William B. Acree |
Obion County | Court of Criminal Appeals | 10/14/00 | |
| State vs. Coley
M1997-00116-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Donald P. Harris |
Williamson County | Supreme Court | 10/13/00 | |
| State vs. Coley
M1997-00116-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Donald P. Harris |
Williamson County | Supreme Court | 10/13/00 | |
| William Henderson vs. Donal Campbell
M2000-00411-COA-R3-CV
This is an appeal by a prison inmate from a dismissal of his suit for declaratory judgment in the Chancery Court of Davidson County. The trial court dismissed the claim pursuant to Tennessee Code Annotated section 41-21-804 for failure to state a claim on which relief could be granted. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 10/13/00 |
