Court Opinions

Format: 05/25/2013
Format: 05/25/2013
State of Tennessee v. Collier Smith
W2012-01455-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Special Judge L.T. Lafferty

The defendant, Collier Smith, pled guilty to statutory rape, a Class E felony, and was sentenced as a Range I, standard offender to one year, suspended to two years probation. On appeal, he argues that the trial court erred in denying his request for judicial diversion. Following our review, we affirm the judgment of the trial court.

Shelby County Court of Criminal Appeals 05/16/13
Terry Wayne Robinson v. State of Tennessee
W2012-01014-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Donald H. Allen

The petitioner, Terry Wayne Robinson, appeals the denial of his petition for post-conviction relief. The petitioner was convicted of one count of theft of property over $10,000, a Class C felony, and sentenced as a multiple offender to ten years in the Department of Correction. On appeal, he contends that the post-conviction court erred in denying his petition because he was denied his right to the effective assistance of counsel. Specifically, he contends that trial counsel was ineffective by failing to interview witnesses and by failing to insist that the petitioner testify at trial. Following review of the record, we affirm the denial of the petition.

Madison County Court of Criminal Appeals 05/16/13
Anthony Leroy Harris v. Henry Steward, Warden
W2012-02461-CCA-R3-HC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge R. Lee Moore Jr.

The petitioner, Anthony Leroy Harris, appeals the summary denial of his petition for a writ of habeas corpus. The petitioner is currently serving an effective ninety-year sentence in the Department of Correction following convictions for aggravated kidnapping and armed robbery. In his petition, he alleges he is entitled to habeas corpus relief because his sentences are disproportionate to the severity of the offenses he committed. On appeal, he contends that the habeas corpus court erred in its denial because proportionality of a sentence has been recognized as a habeas corpus claim in the United State Court of Appeals for the Sixth Circuit. Following review of the record, we conclude no viable habeas corpus claim was presented and affirm the denial of the petition.

Lake County Court of Criminal Appeals 05/16/13
D'Army Bailey, et al. v. Shelby County, Tennessee, et al.
W2012-01498-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Senior Judge Donald P. Harris

Plaintiffs, former part-time Shelby County employees, claim they were wrongfully excluded from Shelby County’s retirement plan. The trial court dismissed all claims based on the six year limitations period applicable to contract actions. We affirm in part, reverse in part, vacate in part, and remand.

Shelby County Court of Appeals 05/16/13
Robert Trey Wood, III v. Jennifer Rose Wood
W2012-01250-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge W. Michael Maloan

Mother appeals the trial court’s order naming Father primary residential parent and setting child support. Discerning no error, we affirm and remand.

Obion County Court of Appeals 05/16/13
Tyrone Spates v. Tracy Howell and Robert Preston
W2012-02743-COA-R3-CV
Authoring Judge: Judge J. Steven Stafford
Trial Court Judge: Judge J. Weber McCraw

Appellant appeals the dismissal of his complaint against the prison’s medical staff for failure to properly diagnose and treat him. The trial court determined that Appellant prisoner’s claims were barred by the applicable statute of limitations, which was not tolled by operation of Tennessee Code Annotated Section 29-26-121. Appellant also appeals the trial court’s findings concerning his status as an indigent person. Discerning no reversible error, we affirm and remand.

Hardeman County Court of Appeals 05/16/13
State of Tennessee v. Jackie Ray Elkins
M2012-00238-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Cheryl Blackburn

Appellant, Jackie Ray Elkins, was indicted by the Davidson County Grand Jury for one count of possession with intent to sell or deliver not less than one-half of an ounce but not more than ten pounds of marijuana in a drug-free zone. This charge was the result of a traffic stop in Shelby Bottoms in Nashville, Tennessee and the subsequent search of the vehicle in which Appellant was travelling. Appellant filed a motion to suppress the proceeds of the search. The trial court denied the motion. A jury convicted Appellant as charged. On appeal, Appellant argues that the trial court erred in denying his motion and asks this Court to review his complaint under the plain error rule. In addition, Appellant argues that the evidence was insufficient to support his conviction. After a thorough review of the record, we conclude that plain error review is not necessary to do substantial justice and that the evidence was sufficient to support the conviction. Therefore, we affirm the judgment of the trial court.
 

Davidson County Court of Criminal Appeals 05/16/13
State of Tennessee v. Prince Adams
W2009-01492-SC-R11-CD
Authoring Judge: Chief Justice Gary R. Wade
Trial Court Judge: Judge James M. Lammey, Jr.

The defendant was convicted of first degree premeditated murder and received a life sentence. In his appeal to the Court of Criminal Appeals, he alleged that the evidence was insufficient to support his conviction; that a discharged alternate juror improperly communicated with the jury foreman; and that the trial court erred by failing to exclude from the evidence certain photographs and recordings and by failing to provide a special jury instruction on diminished capacity. The Court of Criminal Appeals affirmed the conviction and sentence. This Court granted permission to appeal to address whether the communication by the alternate juror to the foreman entitled the defendant to a new trial. Because the State successfully rebutted the presumption of prejudice that accompanies an improper communication with a juror, we find no error and, therefore, affirm the judgment of the Court of Criminal Appeals.
 

Shelby County Supreme Court 05/16/13
Minor Miracle Productions, LLC, An Idaho Limited Liability Company, and David L. Richards v. Randy Starkey
M2012-01145-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Judge George C. Sexton

This is the second appeal in this case. In the first appeal, this Court affirmed the trial court’s enrollment of a foreign judgment acquired by the petitioners against the respondent in Idaho, and the case was remanded for enforcement proceedings. On remand the respondent refused to comply with the Idaho judgment, so the petitioners filed a motion for contempt and for an order to compel compliance with the judgment. The respondent did not attend the hearing. The trial court found the respondent to be in contempt of court for refusing to comply with the Idaho judgment. The respondent now appeals. We dismiss the appeal, because the issues raised on appeal were not first raised in the trial court, and the respondent did not comply with either Rule 24(c) or Rule 27 of the Tennessee Rules of Appellate Procedure.
 

Cheatham County Court of Appeals 05/15/13
Kim Brown v. Autozone, Inc., et al.
W2012-01255-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Robert L. Childers

The trial court entered summary judgment in favor of Defendants in this action asserting claims for fraudulent misrepresentation; civil conspiracy; negligence, breach of contract; and violation of the Consumer Protection Act. Plaintiff appeals; we affirm.

Shelby County Court of Appeals 05/15/13
James William Taylor, a/k/a Lutfi Shafq Talal v. State of Tennessee
M2012-01549-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Robbie T. Beal

The Appellant, James William Taylor, appeals the Williamson County Circuit Court’s denial of his Tennessee Rule of Criminal Procedure 36 motion for correction of clerical errors on the face of his first degree murder judgment. On appeal, the Appellant argues that the trial court erred in denying his Rule 36 motion. Upon review, we reverse the Appellant’s first degree murder judgment in case number 188-108 and remand the case to the Williamson County Circuit Court for entry of a corrected judgment showing that the Appellant was convicted of first degree murder and his conviction offense was a Class X felony pursuant to Tennessee Code Annotated section 39-2-202 (Supp. 1987), that he was sentenced to a life sentence with release eligibility on that life sentence after service of thirty years pursuant to Tennessee Code Annotated section 40-35-501(f) (Supp. 1987), and that the trial court imposed consecutive sentencing for the first degree murder, burglary, and robbery convictions.
 

Williamson County Court of Criminal Appeals 05/15/13
James E. Williams v. State of Tennessee
M2012-02151-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Vanessa A. Jackson

In 1987, the Petitioner, James E. Williams, was convicted of armed robbery, assault with intent to commit first degree murder, and aggravated kidnapping. The trial court sentenced him to an effective sentence of life plus seventy-five years. This Court affirmed the Petitioner’s convictions and sentence on appeal. State v. James E. Williams, No. 88-172-III, 1988 WL 138843, at *1 (Tenn. Crim. App., at Nashville, Dec. 30, 1988), perm. app. denied (Tenn. Apr. 3, 1989). During the next sixteen years, the Petitioner filed two petitions for post-conviction relief and a petition for a writ of error coram nobis, all of which were denied by the post-conviction court. The Petitioner appealed each denial separately, and this Court affirmed the trial court each time. In 2012, the Petitioner filed a second petition for a writ of error coram nobis in which he presented multiple allegations. The coram nobis court summarily dismissed the petition. On appeal, the Petitioner alleges that the coram nobis court erred when it dismissed his petition without a hearing, contending that he presented in his petition newly discovered evidence. After a thorough review of the record and applicable authorities, we affirm the coram nobis court’s judgment.
 

Coffee County Court of Criminal Appeals 05/15/13
Federal National Mortgage Association v. TN Metro Holdings XII LLC et al
M2012-01803-COA-R3-CV
Authoring Judge: Judge Thomas R. Frierson, II
Trial Court Judge: Chancellor Tom E. Gray

Federal National Mortgage Association (“FNMA”) initially brought this action for foreclosure and damages against a borrower,TN Metro Holdings XII LLC (“TN Metro XII”) alleging default by failure to make scheduled principal and interest payments, by improperly allowing liens against the mortgaged property in violation of the loan agreements and by misapplication of rents collected from leasing the mortgaged property. FNMA subsequently filed an amended complaint seeking relief in the nature of personal liability against Defendant Selim Zherka under the loan. The trial court granted FNMA summary judgment and held both the borrower and “Key Principal” liable for the deficiency following a foreclosure sale and for damages. We vacate the summary judgment, holding that (1) FNMA failed to provide written notice and a thirty-day period to cure the alleged defaults as required by the parties’ agreement; and (2) there are genuine issues of material fact making summary judgment improper regarding FNMA’s claim for damages resulting from the alleged misapplication of rents.

Sumner County Court of Appeals 05/14/13