State vs. Mark Steven Marlowe
E1998-00873-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:W. Lee Asbury |
Union County | Court of Criminal Appeals | 06/30/00 | |
State vs. Glenn A. Saddler
M1999-00934-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:James O. Bond |
Wilson County | Court of Criminal Appeals | 06/30/00 | |
State vs. Scotty Murphy
W1999-00728-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 06/30/00 | |
Graves vs. Cocke
E1999-01387-SC-R3-CV
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:Richard R. Vance |
Cocke County | Supreme Court | 06/30/00 | |
State vs. David Barron
W1999-01134-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:C. Creed Mcginley |
Carroll County | Court of Criminal Appeals | 06/30/00 | |
State vs. John Farner
E1999-00491-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 06/30/00 | |
State vs. Nichols
M1997-00260-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Thomas H. Shriver |
Davidson County | Supreme Court | 06/30/00 | |
State vs. Adams
W1997-00190-SC-R11-CD
Authoring Judge: Justice William M. Barker
Originating Judge:Chris B. Craft |
Shelby County | Supreme Court | 06/30/00 | |
State vs. Sonny Yarbro
W1999-01469-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 06/30/00 | |
State of Tennessee v. Christopher D. Thacker
M1999-01426-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:J. Curtis Smith |
Sequatchie County | Court of Criminal Appeals | 06/30/00 | |
State vs. Lawrence White
W1999-00735-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 06/30/00 | |
Morris Slutsky, et ux vs. City of Chattanooga, et al
E1999-00196-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Neil Thomas, III |
Hamilton County | Court of Appeals | 06/30/00 | |
State vs. Smith
W1998-00156-SC-R11-CD
In this appeal, we address whether prior inconsistent statements can be used substantively to corroborate a confession when the prior statements are admitted into evidence without objection. We also consider whether the failure of the trial court to instruct the jury as to the limited use of the prior statements constitutes plain error. The Court of Criminal Appeals held that prior inconsistent statements could not be used as substantive evidence and that the failure of the trial court in this case to give a limiting instruction amounted to plain error. For the reasons stated herein, we hold that by not objecting to the admission of the statements, the appellee waived any objection to their use by the jury as substantive evidence to corroborate the appellee’s two confessions. Consequently, we hold that the evidence in this case is sufficient to support a finding of guilt beyond a reasonable doubt. Finally, because the decision to forgo any objection to the hearsay testimony was a deliberate, tactical decision by trial counsel, we are precluded from considering admission of the evidence under a plain error analysis. We reverse the judgment of the Court of Criminal Appeals and reinstate the appellee’s conviction and sentence for aggravated sexual battery.
Authoring Judge: Justice William M. Barker
Originating Judge:Julian P. Guinn |
Henry County | Supreme Court | 06/30/00 | |
State vs. Jayson Soriano
M1999-00999-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 06/30/00 | |
Durroccus D. Harris vs. State
M1999-02171-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Originating Judge:James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 06/30/00 | |
State vs. DeJuan Jacques Scott
M1999-01672-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 06/30/00 | |
Jones vs. H.G. Hill Realty Co.
M1999-00633-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 06/29/00 | |
Washington vs. The 822 Corporation, et al
M1999-01318-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 06/29/00 | |
Terry Howard vs. Jack Morgan, et al
M2000-00548-COA-R3-CV
In this case, a prisoner appeals from dismissal of his lawsuit on the basis that the allegation of poverty in his affidavit of indigency was false. Because the record includes a certified copy of the prisoner's trust account statement showing a balance from $1,100 to over $1,200, we affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Jeffrey S. Bivins |
Hickman County | Court of Appeals | 06/29/00 | |
Newton, et al vs. Ceasar, et al
M2000-01117-COA-R10-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Jim T. Hamilton |
Lawrence County | Court of Appeals | 06/29/00 | |
Ceramic Tile Distributors vs. Western Express
M1999-02039-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 06/29/00 | |
Whiteaker vs. City of Cookeville
M1999-00732-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:John A. Turnbull |
Putnam County | Court of Appeals | 06/29/00 | |
Terry vs. Terry
M1999-01630-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 06/29/00 | |
Barge vs. Sadler
M1999-01923-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Allen W. Wallace |
Humphreys County | Court of Appeals | 06/29/00 | |
Raymond Hicks v. Wilbert Vault Company.
W1999-00182-WC-R3-CV
This is an appeal by the employer, Wilbert Vault Company, from a judgment awarding worker's compensation benefits to the employee, Raymond Hicks, based upon a finding that the employee sustained 40 percent permanent partial disability to the body as a whole. On this appeal, the defendant/employer presents issues alleging that the trial court erred in finding that the plaintiff/employee sustained any permanent disability as a result of the work-related injury and that the award of 40 percent permanent partial disability to the body as whole was excessive and not supported by a preponderance of the evidence. Upon our de novo review, we find that the award should be based upon permanent partial disability of 30 percent to the body and modify the judgment accordingly.
Authoring Judge: F. Lloyd Tatum, Senior Judge
Originating Judge:Joe C. Morris, Chancellor |
Madison County | Workers Compensation Panel | 06/29/00 |