State of Tennessee v. Carlous Leon Clark
W2009-00025-CCA-R3-CD
A Madison County grand jury indicted the Defendant, Carlous Leon Clark, for attempted first degree murder, two counts of aggravated assault, aggravated burglary, and assault. The Defendant moved to dismiss the charges, claiming that a trial would not comply with the speedy trial provisions of the United States and Tennessee constitutions. The trial court denied the Defendant’s motion to dismiss, and a Madison County jury convicted the Defendant of attempted first degree murder, assault, two counts of aggravated assault, and aggravated criminal trespass. On appeal, the Defendant contends that the trial court erred when it denied his motion to dismiss based on a violation of his right to a speedy trial. After a thorough review of the record and the applicable law, we affirm the trial court’s judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 03/18/10 | |
Joby Lee Teal v. State of Tennessee
W2008-02471-CCA-R3-CD
The petitioner, Joby Lee Teal, appeals the Shelby County Criminal Court’s summary dismissal of his “Motion for Correction of Void Judgment.” The State has filed a motion requesting that this court affirm the trial court’s dismissal pursuant to Rule 20, of the Rules of the Court of Criminal Appeals, arguing that the petitioner’s motion should be treated as a petition for writ of habeas corpus and that he failed to state a cognizable claim because he is not “imprisoned or restrained of liberty.” We agree, grant the State’s motion, and affirm the judgment from the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 03/18/10 | |
Michael Joseph Grant v. State of Tennessee
E2009-00311-CCA-R3-PC
The petitioner, Michael Joseph Grant, appeals the summary dismissal of his petition for writ of error coram nobis. The petitioner claims the trial court should have held an evidentiary hearing and allowed evidence of witness statements that would have impacted the outcome of the proceedings. We conclude the writ of error coram nobis upon this record is not available to the petitioner because he pled guilty. The summary dismissal is affirmed.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Carroll L. Ross |
Bradley County | Court of Criminal Appeals | 03/18/10 | |
Curtis Daniel Hart v. State of Tennessee
W2008-02715-CCA-R3-PC
The petitioner, Curtis Daniel Hart, appeals the denial of his petition for post-conviction relief and contends that he received ineffective assistance of counsel. He was initially convicted of second degree murder, simple possession of marijuana, and simple possession of Alprazolam, a Schedule IV controlled substance, and sentenced to thirty-five years in confinement as a Range II offender. On appeal, the petitioner argues that counsel was ineffective in a variety of areas but failed to prove any of the allegations. Therefore, we affirm the judgment from the post-conviction court.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Joseph H. Walker, III |
Tipton County | Court of Criminal Appeals | 03/18/10 | |
State of Tennessee v. Terry R. Cary
W2009-00583-CCA-R3-CD
The defendant, Terry Cary, was convicted by a Madison County jury of promoting the manufacture of methamphetamine, a Class D felony, and sentenced as a career offender to twelve years in the Department of Correction. On appeal, the defendant raises the single issue of sufficiency of the evidence. Following review of the record, we affirm the judgment of conviction.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Donald H. Allen |
Madison County | Court of Criminal Appeals | 03/18/10 | |
Barry I. Chook v. Tashawn N. Pirela Jones and Kenneth Jones
W2008-02276-COA-R3-CV
This is an appeal of a discovery matter. The plaintiff was involved in a motor vehicle
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Judge D'Army Bailey |
Shelby County | Court of Appeals | 03/17/10 | |
State of Tennessee v. Herman Sowell, Jr.
M2008-02358-CCA-R3-CD
Defendant, Herman Sowell, Jr., appeals the dismissal of his motion requesting the trial court to modify his sentence of confinement to a suspended sentence. On appeal, Defendant argues that the trial court abused its discretion in finding no change in circumstances which would justify the requested modification. After a thorough review, we affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Don R. Ash |
Rutherford County | Court of Criminal Appeals | 03/17/10 | |
State of Tennessee v. Ricky Eugene Scoville
M2009-00538-CCA-MR3-CD
A Marshall County jury convicted the defendant, Ricky Eugene Scoville, of two
Authoring Judge: Judge J.C. McLin
Originating Judge:Judge Robert G. Crigler |
Marshall County | Court of Criminal Appeals | 03/17/10 | |
State of Tennessee v. Joe Marvin Ellison
W2009-01134-CCA-R3-CD
The defendant, Joe Marvin Ellison, pled guilty to aggravated assault, aggravated robbery, aggravated kidnapping, and rape for an effective sentence of twenty-five years in the Department of Correction. He subsequently filed a motion to withdraw his guilty pleas, which was denied by the trial court. On appeal, he argues that the trial court erred in denying his motion. After review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 03/16/10 | |
Clarence Carnell Gaston v. State of Tennessee
W2009-01690-CCA-R3-PC
The petitioner, Clarence Carnell Gaston, appeals the trial court’s denial of his petition to reopen his post-conviction petition. The State has filed a motion requesting that this court affirm the trial court’s denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Because the petitioner did not comply with the statutory requirements for seeking discretionary review of the denial of his motion, this court has no jurisdiction in this case. Accordingly, the appeal is dismissed.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge William B. Acree |
Obion County | Court of Criminal Appeals | 03/16/10 | |
State of Tennessee v. Michael Collins Reed
M2009-00550-CCA-R3-CD
The Defendant-Appellant, Michael Collins Reed, appeals his sentence following the revocation of his probation. He originally pled guilty to attempted aggravated robbery, a Class C felony, and was sentenced as a multiple offender to eight years of confinement in the Tennessee Department of Correction. This sentence was suspended to ten years of supervised probation. Because this was Reed’s third probation violation, the trial court placed his eight-year sentence for attempted aggravated robbery into effect. On appeal, Reed concedes the probation violation, but argues the trial court should have reinstated his probation or imposed a rehabilitative sentence that addressed his drug addiction. Upon review, we affirm the judgment of the trial court.
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 03/16/10 | |
State of Tennessee v. Thomas Christopher Hayes, alias Christopher Hayes
E2009-00218-CCA-R3-CD
The Defendant, Thomas Christopher Hayes, appeals as of right his Hamilton County Criminal Court jury conviction for sexual battery, a Class E felony. The trial court sentenced the Defendant to four years as a Range II, multiple offender to be served in the Department of Correction. His sole issue on appeal is whether the evidence is sufficient to support his conviction. Following our review, we affirm the judgment of the trial court.
Authoring Judge: Judge D. Kelly Thomas, Jr.
Originating Judge:Judge Don W. Poole |
Hamilton County | Court of Criminal Appeals | 03/15/10 | |
Joanne Wells v. Mark Wells
W2009-01600-COA-R3-CV
This is divorce case, ending a fifteen year marriage. Appellant-Husband appeals from the trial court’s classification and division of marital property. Appellee-Wife appeals from the trial court’s decision to impute income to her. Finding no error, we affirm.
Authoring Judge: Judge J. Steven Stafford
Originating Judge:Judge Robert L. Childers |
Shelby County | Court of Appeals | 03/15/10 | |
Clifton Lake, et al. v. The Memphis Landsmen, L.L.C., et al.
W2009-00526-COA-R3-CV
This is an appeal from a jury verdict in a negligence and products liability case. Appellant-
Authoring Judge: Judge J. Steven Stafford
Originating Judge:Judge John R. McCarroll, Jr. |
Shelby County | Court of Appeals | 03/15/10 | |
Tina Taylor, et al. v. Lakeside Behavorial Health System
W2009-00914-COA-R3-CV
This is a medical malpractice case. Appellant filed suit against Appellee Hospital
Authoring Judge: Judge J. Steven Stafford
Originating Judge:Special Judge Charles O. McPherson |
Shelby County | Court of Appeals | 03/15/10 | |
Frankie E. Casteel v. State of Tennessee
E2008-01526-CCA-R3-PC
The Petitioner, Frankie E. Casteel, appeals the Hamilton County Criminal Court’s denial of his petition for post-conviction relief from his convictions for three counts of first degree murder. In this appeal, the Petitioner contends that the trial court erred in finding that he received the effective assistance of counsel. We affirm the judgment of the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Jerry Scott |
Hamilton County | Court of Criminal Appeals | 03/15/10 | |
Areties McKamey v. Lockheed Martin Energy Systems, Inc., et al.
E2009-00715-WC-R3-WC
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. The trial court found that the employee had sustained a hearing loss as a result of exposure to noise during her work from 1944 to 1989 as a telephone operator for her employer, and awarded 50% permanent partial disability (“PPD”) of the hearing of both ears. The employer has appealed, contending that the evidence preponderates against the trial court’s finding on the issue of causation. Alternatively, it argues that the award is excessive. We reverse the judgment and dismiss the complaint.
Authoring Judge: Justice Sharon G. Lee
Originating Judge:Judge Donald R. Elledge |
Knox County | Workers Compensation Panel | 03/12/10 | |
Brenda Duncan Albright vs. Randolph & Sherry Tallent - Concur
E2009-01983-COA-R3-CV
I concur with the majority’s decision to affirm the Trial Court’s denial of Plaintiff’s claim for adverse possession of the property in dispute. I also concur in the majority’s decision to affirm the Trial Court’s ruling that Defendants may construct the fence where proposed as that fence is constructed entirely on Defendants’ property and does not, as found by the majority, interfere with Plaintiff’s use of the easement in any way.
Authoring Judge: Judge D. Michael Swiney
Originating Judge:Chancellor Jerri S. Bryant |
McMinn County | Court of Appeals | 03/12/10 | |
Corey Lynn Clark v. State of Tennessee
W2009-01610-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Clayburn L. Peeples |
Gibson County | Court of Criminal Appeals | 03/12/10 | |
Marco Butler v. State of Tennessee
W2009-00860-CCA-R3-PC
The Petitioner, Marco Butler, appeals from the Shelby County Criminal Court’s denial of post-conviction relief from his guilty pleas to first degree murder and especially aggravated robbery, a Class A felony, and his concurrent sentences of life and twenty-five years, respectively. On appeal, the Petitioner argues that he received ineffective assistance of counsel because trial counsel failed to communicate his release eligibility date. He also contends that his plea was involuntarily and unknowingly entered. Upon review, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge W. Otis Higgs, Jr. |
Shelby County | Court of Criminal Appeals | 03/12/10 | |
State of Tennessee v. Michael Dewayne Brown
W2009-01742-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Originating Judge:R. Lee Moore Jr. |
Dyer County | Court of Criminal Appeals | 03/12/10 | |
Michael Joseph Grant v. Foreperson For The Bradley
E2009-01450-COA-R3-CV
This appeal arises from the trial court’s order overruling a pro se petition for writ of mandamus by the appellant. In the petition, the appellant sought access to the grand jury for Bradley County to present evidence of purported wrongdoing by the investigating officer of his case. The trial court denied the petition. On a different basis, we affirm.
Authoring Judge: Judge John W. McClarty
Originating Judge:Jerri S. Bryant |
Bradley County | Court of Appeals | 03/11/10 | |
Johnny Menifee v. State of Tennessee
M2009-00446-CCA-R3-CD
The petitioner, Johnny Menifee, was convicted in 2004 of Class D felony evading arrest with risk of injury, misdemeanor theft, Class E felony reckless endangerment with a deadly weapon, and resisting arrest. He received an effective sentence of eighteen years as a persistent offender. After his convictions and sentences were affirmed by this court in 2006, he filed a petition for post-conviction relief. Following an evidentiary hearing, the postconviction court denied the petition; and, after our review, we affirm that denial.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Stella L. Hargrove |
Maury County | Court of Criminal Appeals | 03/11/10 | |
Teresa Gard v. Dennis Harris, M.D.,
2008-01939-COA-R3-CV
Plaintiff filed a complaint alleging false light invasion of privacy and defamation after her physician sent a letter she considered defamatory. After finding that plaintiff consented to the disclosure by signing a consent form, the trial court granted summary judgment in favor of the defendants. We affirm. Originating Judge:Wheeler A. Rosenbalm |
Knox County | Court of Appeals | 03/11/10 | |
George Cecil Resh v. Building Materials Corporation D/B/A GAF Fiberglass Corporation
M2009-00028-WC-R3-WC
In this workers’ compensation case, the employee, George Cecil Resh, alleged that he sustained
Authoring Judge: Senior Judge Donald P. Harris
Originating Judge:Judge Clara Byrd |
Wilson County | Workers Compensation Panel | 03/11/10 |