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| Supreme Court'S Recent Opinion In Hicks v. State, 945 S.W.2D 706 (Tenn. 1997), We Find
01-9801-CC-00027
|
Court of Criminal Appeals | 05/28/93 | ||
| Burress vs. Sanders
M1999-00210-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas W. Graham |
Sequatchie County | Court of Appeals | 05/16/93 | |
| Gregory Scott Spooner vs. State
E2004-02160-CCA-R3-HC
The petitioner, Gregory Scott Spooner, appeals from the trial court's order dismissing his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petition fails to establish a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:James E. Beckner |
Hancock County | Court of Criminal Appeals | 04/28/93 | |
| Melissa Kornblee (Jaramillo) vs. Kevin Richard Kornblee
M2000-00379-COA-R3-CV
In this post-divorce proceeding, Melissa Danise Foster Kornblee (Jaramillo) appeals the trial court's actions in ordering mental health counseling and treatment of the parties' minor children by a court appointed professional, declining to allow her to relocate with the minor children to Wyoming, allowing Father unsupervised visitation with the children, and awarding Father attorney's fees in defending her motion to suspend unsupervised visitation. We affirm the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Thomas E. Gray |
Sumner County | Court of Appeals | 03/26/93 | |
| 01C01-9707-CC-00315
01C01-9707-CC-00315
|
Williamson County | Court of Criminal Appeals | 03/23/93 | |
| Metro Construction Co., Inc. vs. Cogun Industries, Inc.
02A01-9608-CH-00207
Originating Judge:C. Neal Small |
Shelby County | Court of Appeals | 01/28/93 | |
| In Re: Estate of George C. Vincent
E2001-03035-SC-R11-CV
In this will construction case, we address the question of whether or not the doctrine of exoneration applies to a mortgage on real property passing by right of survivorship where the decedent's will directed that his personal representative pay all his "just debts." We find that the general direction to pay "just debts" is not sufficient to require that the estate pay the remaining balance on the mortgage of non-probate property. Furthermore, additional language in the will regarding the payment of installment debts is not sufficient to indicate that the testator intended to include mortgages of non-probate property where the testator's will specified only one beneficiary and did not mention either the property held by joint tenancy or the joint tenant.
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:Billy Joe White |
Campbell County | Supreme Court | 01/22/93 | |
| 03A01-9509-CH-OO301
03A01-9509-CH-OO301
Originating Judge:Inman |
Court of Appeals | 01/19/93 | ||
| State vs. Bruce Reliford
W1999-00826-CCA-R3-CD
This direct appeal follows dismissal of the appellant's motion at the trial level for a "Correction/Reduction" of his sentences. The appellant is currently serving an effective sentence of life without parole after pleading guilty in 1995 to the offenses of first degree murder, two counts of aggravated robbery and one count of aggravated assault. He argues that his sentences are illegal and are subject to correction because (1) his life sentence is in direct contravention of statutory authority and (2) his negotiated plea agreement with the State is incapable of specific performance. The indictment alleges that these offenses occurred on December 24, 1992. On this date, life without the possibility of parole was not an available sentencing option for first degree murder. Although we find that appellate review of a "Motion for Correction or Reduction" of a sentence is not available, as of right, under Tenn. R. App. P. 3(b), nonetheless, we hold that review is available under the common law writ of certiorari. Upon review of the presented issues, we conclude that the trial court was without authority to impose a sentence of life without the possibility of parole for first degree murder. This conviction and sentence is vacated. Because the appellant's plea agreement encompassed all of his convictions and resulting sentences, we find it necessary upon vacating his first degree murder conviction to also vacate his convictions and sentences for aggravated robbery and aggravated assault. This case is remanded to the trial court for further proceedings.
Authoring Judge: Judge David G. Hayes
Originating Judge:W. Fred Axley |
Shelby County | Court of Criminal Appeals | 12/24/92 | |
| State vs. Donald Biggs
02C01-9901-CC-00017
|
Lake County | Court of Criminal Appeals | 12/17/92 | |
| Tiffany Senn v. Romando Haynes
M2002-01519-COA-R3-JV
Tiffany T. Senn (Williams) appeals the action of the Juvenile Court of Rutherford County, changing the primary residential custody of her minor child from Tiffany Senn to the biological father of the child, Romando Haynes. We affirm the action of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Donna A. Scott |
Rutherford County | Court of Appeals | 08/29/92 | |
| State vs. Stephen Stamps
W1999-01716-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:C. Creed Mcginley |
Henry County | Court of Criminal Appeals | 07/22/92 | |
| Leighann M. Gullett v. Michael J. Hopkins
M2003-02086-COA-R3-CV
This is a post-divorce change of custody proceeding wherein the trial court found no substantial change of circumstances and denied the Petition. The judgment of the trial court is affirmed.
Authoring Judge: Judge William B. Cain
Originating Judge:John W. Rollins |
Coffee County | Court of Appeals | 06/29/92 | |
| Sneed (Ford) vs. Sneed
01A01-9612-CH-00542
Originating Judge:William B. Cain |
Maury County | Court of Appeals | 06/25/92 | |
| 02C01-9508-CR-00222
02C01-9508-CR-00222
|
Shelby County | Court of Criminal Appeals | 06/24/92 | |
| State vs. Audrey Black
E1999-01391-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 06/23/92 | |
| DeShayne Neal v. Jerry Neal
M2003-02703-COA-R3-CV
This is an appeal from the chancery court order refusing to modify the parties' divorce decree and permanent parenting plan. Mother filed a Petition to Modify, and Father filed an Answer and Counter Petition also requesting modification. The Chancellor dismissed both the Petition and Counter Petition finding that there had not been sufficient change in circumstances since the initial entry of the divorce decree to justify modification. Upon review of the Permanent Parenting Plan and Final Decree of the Chancery Court, we find that this Permanent Parenting Plan and the judge's approval of such plan do not meet the requirements of Tennessee law. As such, the Permanent Parenting Plan is vacated, and the case is remanded to the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Gerald L. Ewell, Sr. |
Fentress County | Court of Appeals | 01/31/92 | |
| Eddie Dobbins vs. George Dobbins
02A01-9710-PB-00246
Originating Judge:Donn Southern |
Shelby County | Court of Appeals | 01/28/92 | |
| State vs. Frederick Sledge
W2001-02402-CCA-R3-CD
The defendant was convicted of first degree murder and especially aggravated robbery and was originally sentenced to death and twenty years, respectively. The trial court ordered the sentences to be served consecutively. On appeal, this court affirmed both convictions but reversed the death sentence and remanded it for resentencing. On remand, the defendant was sentenced to life imprisonment after a new sentencing hearing. The life sentence was ordered to be served consecutively to the original twenty-year sentence for especially aggravated robbery. The only issue raised on this appeal is whether, on remand, the trial court erred by not reconsidering the issue of consecutive sentencing when resentencing the defendant for the murder conviction. We affirm the sentence as imposed on remand by the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 12/10/91 | |
| State vs. Frederick Sledge
W2001-02402-CCA-R3-CD
The defendant was convicted of first degree murder and especially aggravated robbery and was originally sentenced to death and twenty years, respectively. The trial court ordered the sentences to be served consecutively. On appeal, this court affirmed both convictions but reversed the death sentence and remanded it for resentencing. On remand, the defendant was sentenced to life imprisonment after a new sentencing hearing. The life sentence was ordered to be served consecutively to the original twenty-year sentence for especially aggravated robbery. The only issue raised on this appeal is whether, on remand, the trial court erred by not reconsidering the issue of consecutive sentencing when resentencing the defendant for the murder conviction. We affirm the sentence as imposed on remand by the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 12/10/91 | |
| Traci Sorrells vs. Donald Lee Sorrells
E1999-01658-COA-R3-CV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:C. Van Deacon |
Bradley County | Court of Appeals | 11/15/91 | |
| State of Tennessee v. Robert Lee Smartt
M2005-00176-CCA-R3-CO
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:John W. Rollins |
Coffee County | Court of Criminal Appeals | 10/21/91 | |
| 01A01-9510-CV-00454
01A01-9510-CV-00454
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 06/28/91 | |
| Tamco Supply, et al vs. Tom Pollard, et al
W1999-01725-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Lee Moore |
Dyer County | Court of Appeals | 03/29/91 | |
| Kline vs. Kline
03A01-9706-CV-00240
|
Court of Appeals | 03/12/91 |