| State vs. Edward Mitchell
W1999-01314-CCA-R3-CD
The defendant, Edward Mitchell, appeals as of right from his conviction by a jury in the Shelby County Criminal Court for two counts of aggravated assault, a Class C felony. His sole issue on appeal is whether the trial court erred by denying him a continuance because of the unavailability of a witness. After a review of the record, we reverse the judgment of the trial court and remand for a new trial.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 09/13/00 | |
| State vs. Ronnie Bradfield
W1999-02344-CCA-R3-PC
Petitioner, Ronnie Bradfield, was convicted by a jury in the Shelby County Criminal Court of three counts of attempt to commit second degree murder, which this Court affirmed on direct appeal. Petitioner subsequently filed a pro se petition together with an amended and supplemental petition for post-conviction relief alleging, primarily, ineffective assistance of counsel. The post-conviction judge denied relief following an evidentiary hearing which took place over numerous days. Petitioner now appeals the judgment of the post-conviction court denying his petition. We affirm.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 09/13/00 | |
| State vs. James M. Loveday
E1999-02072-CCA-R3-CD
Following a jury trial, Defendant, James M. Loveday, was convicted of one count of attempted first degree murder, four counts of aggravated assault, and two counts of reckless endangerment. The trial court sentenced him to twenty-five (25) years for the attempted first degree murder conviction, six (6) years for each of the four aggravated assault convictions, and two (2) years for each of the reckless endangerment convictions. The sentences were ordered to be served consecutively to each other for a total sentence of fifty-three (53) years. On appeal, he challenges the sufficiency of the evidence to sustain the convictions of attempted first degree murder and aggravated assault, and argues that the trial court erroneously admitted testimony of prior bad acts, improperly considered victim impact letters in the presentence report, and argues that the sentences are excessive and that the trial court erred by ordering consecutive sentencing. After a review of the record, we affirm the judgment of the trial court as modified herein.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Richard R. Vance |
Sevier County | Court of Criminal Appeals | 09/13/00 | |
| Johnny L. Frye v. Athens Products
03S01-9904-CV-00043
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. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). The plaintiff appeals from the trial court finding that he had failed to show by a preponderance of the evidence that he had sustained an injury arising out of and in the course of his work. We affirm the judgment of the trial court. There is little need to go into significant detail concerning the facts in this case. There are significant discrepancies between the testimony of the plaintiff at trial and in the statements he made to medical providers concerning whether he sustained an injury on June 1, 1998, or whether he experienced pain on the prior Sunday while walking in the mall, or whether he sustained an injury at work on June 2nd. The plaintiff gave the only evidence concerning an alleged accidental injury. The determination of the trial judge was, by necessity, based upon his assessment of the evidence and his ruling based upon the testimony of the plaintiff. The trial court found that the plaintiff did not tell the defendant of any work- related accident until June 28th but found that he did notify the physician and especially the nurse practitioner on June 2nd that he sustained a work-related injury on June 1. The court found this unusual and ruled that the two histories cancelled out each other, thus causing the plaintiff to fail in carrying his burden of proof. 2
Authoring Judge: John K. Byers, Senior Judge
Originating Judge:Hon. John B. Hagler |
Knox County | Workers Compensation Panel | 09/13/00 | |
| State vs. Willie Boyland
W1999-00634-CCA-R3-CD
Following a jury trial in the Hardeman County Circuit Court, Defendant was convicted of the offense of casual exchange of marijuana. On appeal, Defendant challenges the sufficiency of the evidence to sustain the conviction. He also asserts that the trial court erred by prohibiting Defendant from questioning a state witness about a civil warrant and judgment against the witness and that the trial court erred by overruling his objection to the State eliciting testimony from its primary witness regarding the witness' employment. We have reviewed the record on appeal and the briefs of the parties and find no reversible error. Accordingly, the judgment of the trial court is affirmed.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Jon K. Blackwood |
Hardeman County | Court of Criminal Appeals | 09/13/00 | |
| State vs. Henry Marshall Jr.
W1999-01159-CCA-R3-CD
Defendant Henry Marshall, Jr. was convicted of reckless aggravated assault following a jury trial in the Madison County Circuit Court. After a sentencing hearing, the trial court sentenced Defendant as a Range I Standard Offender to a term of two years, with the Defendant to serve eleven months and twenty-nine days in the local jail, and the remaining one year and one day on supervised probation. The Defendant challenges his conviction and his sentence, raising the following issues: (1) whether the trial court erred in denying Defendant's request for an instruction on self-defense, (2) whether the trial court erred in denying Defendant's request for an instruction on the lesser-included offense of simple assault and (3) whether the trial court correctly sentenced the defendant. After a review of the record, we affirm the judgment of the trial court as modified herein.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 09/13/00 | |
| State vs. Joshua Dailey
E1999-01342-CCA-R3-CD
The Defendant, Joshua Dailey, pled guilty to two counts of the Class E felony offense of violation of the Habitual Motor Vehicle Offender Act. The trial court sentenced Defendant to two years for each conviction, to be served consecutively. Furthermore, the trial court ordered the first sentence to be served in split confinement, with 300 days incarceration in the county jail followed by placement in Community Corrections. The Defendant appeals, challenging the length of the total effective sentence and arguing that he should serve the entire sentence in Community Corrections. We affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/13/00 | |
| State vs. John Palmer
W1999-01310-CCA-R3-CD
Defendant, John David Palmer, was convicted of voluntary manslaughter and especially aggravated robbery following a jury trial in Gibson County Circuit Court. He was sentenced to serve three years for voluntary manslaughter and twenty years for especially aggravated robbery with the sentences to be served concurrent with each other. He does not appeal the voluntary manslaughter conviction or sentence. However, regarding the conviction for especially aggravated robbery, Defendant challenges the sufficiency of the evidence to support the conviction and argues that the trial court committed reversible error by not instructing the jury on the lesser-included offense of theft and unauthorized use of a vehicle, i.e., joyriding. After review, we reverse and remand for a new trial on the offense of especially aggravated robbery.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Dick Jerman, Jr. |
Gibson County | Court of Criminal Appeals | 09/13/00 | |
| State vs. Michael Upshaw
W1999-00777-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Gilford Williams
W1999-01556-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:John Franklin Murchison |
Madison County | Court of Criminal Appeals | 09/12/00 | |
| Mervin Reed v. Abb Combustion Engineering, Inc.
E1999-00589-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 of findings of fact and conclusions of law. In this appeal, the plaintiff/appellant asserts that the trial court erred in basing plaintiff's award of permanent disability benefits on a percentage of impairment other than that supported by the medical evidence at trial. After a complete review of the entire record, briefs of the parties and applicable law, we affirm the trial court's judgment.
Authoring Judge: L. Terry Lafferty, Senior Judge
Originating Judge:W. Frank Brown, III, Chancellor |
Knox County | Workers Compensation Panel | 09/12/00 | |
| William Collins vs. State
E1999-02759-CCA-R3-PC
Because the trial court properly treated a habeas corpus petition as one for post-conviction relief and because the statute of limitations barred any review of constitutional issues, the petition was properly dismissed.
Authoring Judge: Judge Gary R Wade
Originating Judge:Lynn W. Brown |
Washington County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Johnny Jones
W2000-01241-CCA-R3-PC
This appeal follows dismissal of the Appellant's petition for post-conviction relief. The Appellant, Jones, was convicted by a Fayette County jury of possession of cocaine (over 26 grams) with intent to sell and possession of marijuana. On direct appeal, his convictions and sentences were affirmed. The Appellant filed this post-conviction petition asserting the following errors: (1) the trial court erred in not granting the Appellant's motion to sever; (2) the trial court erred in sentencing the Appellant; and (3) deficient representation by defense counsel including failing to timely file a Rule 11 application to the supreme court from this court's decision. We find that Appellant's defense counsel was ineffective with respect to his failure to timely file a Rule 11 application. Accordingly, the Appellant is granted the right to seek a delayed appeal to the Tennessee Supreme Court. Denial of post-conviction relief is affirmed as to the remaining issues.
Authoring Judge: Judge David G. Hayes
Originating Judge:Jon Kerry Blackwood |
Fayette County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Mark Williams
W1999-01456-CCA-R3-CD
The defendant, Mark Williams, was indicted for attempted first degree murder. After being convicted for attempted second degree murder, he was sentenced, as a Range I offender, to 12 years in the Tennessee Department of Correction. In this appeal of right, the defendant contends that because the indictment did not allege an overt act, the conviction is void. He further asserts that the jury charge on attempted second degree murder was erroneous in that it did not require the jury to find that he intended to kill the victim. The judgment of the trial court is affirmed.
Authoring Judge: Judge Gary R Wade
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Myra L. Smith
E1999-02196-CCA-R3-CD
Myra L. Smith appeals the sentencing decision of the Knox County Criminal Court revoking her non-incarcerative sentence and ordering service of the sentence in the TDOC. In September 1998, Smith pled guilty to the class C felony of facilitating aggravated robbery and was placed under the supervision of the Knox County Community Alternative to Prison Program (CAPP). Four months later, a violation warrant issued. On appeal, Smith argues that the trial court acted arbitrarily in revoking her suspended sentence by failing to consider her extreme drug addiction, her history of mental illness, and her lack of intent to violate the conditions of probation. Finding that the trial court did not abuse its discretion, we affirm.
Authoring Judge: Judge David G. Hayes
Originating Judge:Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 09/12/00 | |
| E1999-02594-COA-R3-CV
E1999-02594-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:William R. Brewer |
Blount County | Court of Appeals | 09/12/00 | |
| State vs. Jack North
W1999-01301-CCA-R3-PC
The appellant, Jack Jay North, Jr., was convicted of first degree murder by a Hardin County jury and was sentenced to life imprisonment without the possibility of parole. On appeal, he asserts that the post-conviction court erred in finding trial counsel's performance to be effective during the sentencing phase of trial. Specifically, the appellant contends that trial counsel was ineffective for (1) failing to offer mitigating proof at the sentencing phase; (2) for failing to request funds for a mitigation specialist; and (3) for not objecting to comments made by the State during closing arguments of the sentencing phase. After review, we affirm the judgment of the Circuit Court of Hardin County.
Authoring Judge: Judge David G. Hayes
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Jenniefer Oakley
W1999-00850-CCA-R3-CD
Jennifer E. Oakley entered guilty pleas to three counts of misdemeanor possession of a controlled substance and one count of possession of drug paraphernalia. The manner of service, including the request for judicial diversion, was submitted to the trial court. The trial court denied a grant of judicial diversion based upon the circumstances of the offenses and the inherent dangerous effect of drugs to our communities. After review, we conclude that the record supports the trial court's denial of diversion. The judgment, accordingly, is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Julius Parker
W1999-01327-CCA-R3-PC
Because the petitioner, Julius Parker, who was convicted of aggravated robbery and felony murder, received the effective assistance of counsel at trial, he is not entitled to post-conviction relief.
Authoring Judge: Judge Gary R Wade
Originating Judge:Joseph B. Brown |
Shelby County | Court of Criminal Appeals | 09/12/00 | |
| Jimmy Lee Pierce v. State of Tennessee
W2000-00630-CCA-R3-CD
Originating Judge:Jon Kerry Blackwood |
Fayette County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Michael Addison
W1999-00432-CCA-R3-PC
Because the evidence does not preponderate against the trial court's determination that the petitioner received the effective assistance of counsel at trial and on direct appeal, the order denying post-conviction relief is affirmed.
Authoring Judge: Judge Gary R Wade
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 09/12/00 | |
| State vs. Joe C. Anderson a/k/a Uncle Tom
E1999-02485-CCA-R3-CD
Raising issues of sufficiency of the evidence and improper sentencing, Joe C. Anderson appeals from his conviction of second degree murder in the Loudon County Criminal Court. Because we discern no error requiring reversal, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:E. Eugene Eblen |
Loudon County | Court of Criminal Appeals | 09/12/00 | |
| State vs. John Hampton
W1999-00983-CCA-R3-CD
The defendant, John Lee Hampton, who was charged with two counts of rape, was convicted of two counts of statutory rape. The trial court imposed two concurrent one-year sentences, with all but sixty days suspended. In this appeal as of right, the defendant asserts that the evidence was insufficient. He also argues that the trial court erred by admitting certain photographs into evidence, by rehabilitating a juror, by denying his motion in limine to exclude evidence of uncharged sexual offenses involving the victim, by permitting the victim to testify in rebuttal regarding an uncharged sexual offense, and by refusing to suspend his entire sentence. We affirm the judgment of the trial court.
Authoring Judge: Judge Gary R Wade
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Criminal Appeals | 09/12/00 | |
| James Karls vs. Percy Pitzer, et al
W1999-01107-COA-R3-CV
This is an appeal from the trial court's order dismissing a petition for writ of habeas corpus for failure to state a claim upon which relief can be granted. We affirm the ruling of the trial court.
Authoring Judge: Judge David R. Farmer
Originating Judge:Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 09/12/00 | |
| Clementine Newman vs. Allstate Insurance Co.
W1999-02064-COA-R3-CV
Automobile owner sued body shop and her insurance company for alleged faulty repairs to vehicle after it was involved in a collision. The body shop repaired what the insurance company authorized, but owner initially claimed other damages which the insurance company and body shop determined were not a result of the collision. During attempts to resolve the dispute, body shop was willing to repair anything authorized by the insurance company, but requested the owner to pay the deductible and retrieve her automobile from their facility. Owner refused to take the automobile, and the body shop, after notification to her, started charging storage charges. In the suit that was initially tried in general sessions court, then de novo in the circuit court, owner sought to recover storage charges paid an additional award for other damage to her vehicle and for relief under the Tennessee Consumer Protection Act. The trial court awarded owner a judgment against the insurance company for additional damages and denied her claims under the Tennessee Consumer Protection Act and for repayment of the storage charges. Owner has appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Robert L. Childers |
Shelby County | Court of Appeals | 09/12/00 |
