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| State vs. John Brown
W1999-00626-CCA-R3-CD
John Brown appeals from his Shelby County convictions of aggravated robbery and especially aggravated kidnapping. He alleges insufficiency of identification evidence and plain error in admission of evidence of arrests for other crimes. Because there is no error of record requiring reversal, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 10/27/00 | |
| State vs. Eric Hall
W1999-00610-CCA-R3-CD
A Shelby County jury convicted the appellant, Eric B. Hall, of one (1) count of robbery and one (1) count of theft of property over the value of $1,000. The trial court sentenced the appellant as a Range II, Multiple Offender, to consecutive sentences of ten (10) years for robbery and eight (8) years for theft of property. On appeal, the appellant contends that: (1) the evidence is insufficient to sustain his convictions; (2) the trial court improperly charged the jury with regard to the statutory elements of robbery; and (3) the trial court imposed excessive sentences by ordering consecutive sentencing. After a thorough review of the record before this Court, we hold that the evidence is sufficient to sustain the jury's guilty verdict for theft of property over $1,000 and that conviction is affirmed. Regarding the appellant's conviction for robbery, however, the state presented insufficient evidence that the requisite element of fear or violence was the mechanism by which the theft of jewelry was accomplished. Therefore, the appellant's conviction for robbery is reversed, and the conviction for that offense is dismissed. The case is remanded for a new trial on the offense of theft of property.
Authoring Judge: Judge Jerry Smith
Originating Judge:Joseph B. Brown |
Shelby County | Court of Criminal Appeals | 10/27/00 | |
| E2060-00255-COA-R3-CV
E2060-00255-COA-R3-CV
Originating Judge:John B. Hagler, Jr. |
McMinn County | Court of Appeals | 10/27/00 | |
| State vs. Frederick Parks
W1999-01357-CCA-R3-CD
Defendant, Frederick Parks, was found guilty by a Madison County jury of one count of burglary and one count of theft over $500, for which he received consecutive sentences of four years and two years, respectively. The jury also fined the defendant $750, and the trial court ordered the defendant to pay $1500 in restitution. On appeal, the defendant raises two issues: 1) whether the evidence presented at trial was sufficient to support his convictions; and 2) whether the trial court erred by imposing consecutive sentences on the defendant. The judgment of the trial court is affirmed.
Authoring Judge: Judge John Everett Williams
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 10/27/00 | |
| Roy R. Ferguson v. Sherry Hoppe, Donna Pierce, and Harold L. Underwood
03A01-9902-CV-00038
In this action, the Trial Court dismissed the plaintiff’s complaint, and he has appealed.
Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge Russell Simmons, Jr. |
Court of Appeals | 10/26/00 | ||
| Blumberg vs. Dept. of Human Svcs.
M2000-00237-COA-R3-CV
Frederic Blumberg ("Blumberg") filed a petition against his wife in the Sumner County Circuit Court, seeking all his wife's marital assets and an increase in his minimum monthly maintenance needs allowance. On September 16, 1998, the Sumner County Circuit Court issued an Order requiring Mrs. Blumberg to pay as support for the benefit of Mr. Blumberg, all of her monthly income. Subsequently, Blumberg applied for Medicaid benefits on behalf of Mrs. Blumberg, administered by the Tennessee Department of Human Services ("DHS"), for which he was approved. On October 26, 1998, Blumberg received notice from DHS that his request for an income allocation was denied. Thereafter, Blumberg requested an administrative hearing appealing the denial of spousal allocations. On December 8, 1998, an administrative hearing with DHS was held, and Blumberg's appeal was denied. The Chancery Court affirmed the decision of the DHS, finding that the support order was not validly adjudicated because of lack of notice to DHS. This appeal followed.
Authoring Judge: Judge Don R. Ash
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 10/25/00 | |
| Russell vs. Russell
E1999-02742-COA-R3-CV
This appeal from the Hamilton County Chancery Court concerns whether the Trial Court erred in awarding primary residential responsibility of the minor child to the Appellee, Burgess Stephen Russell. The Appellant, Linda Sharion Russell, appeals the decision of the Chancery Court. We affirm the decision of the Trial Court and remand for further proceedings, if any, consistent with this opinion. We adjudge costs of the appeal against the Appellant, Linda Sharion Russell and her surety.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Howell N. Peoples |
Hamilton County | Court of Appeals | 10/25/00 | |
| Maelene Fowler vs. Jerry Wilbanks
W2000-00452-COA-R3-CV
Plaintiffs sued to enjoin Defendant from denying their right to use a private dirt and gravel road on Defendant's property in order to access their property. The trial court held that Plaintiffs established an easement by implication and/or prescription in the private road, and enjoined Defendant from preventing Plaintiffs' future access to the road. Defendant appeals.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Dewey C. Whitenton |
McNairy County | Court of Appeals | 10/25/00 | |
| State vs. Prince Glass
W2000-00079-CCA-R3-CD
The defendant, Prince Terrell Glass, appeals from his conviction of possession with intent to deliver .5 grams or more of cocaine. He alleges the evidence of "intent to deliver" is insufficient to support his conviction and that he is guilty of no offense greater than simple possession. Upon review of the record, the briefs of the parties, and the applicable law, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 10/25/00 | |
| State vs. John Vengrin
W1999-01512-CCA-R3-CD
The defendant, John Joseph Vengrin, appeals the maximum, 25-year sentence imposed upon him for the crime of second degree murder. He alleges that the trial court erroneously relied on testimony given in another matter in considering whether certain enhancement factors applied. We agree that the trial court erred in relying on matters outside the record; however, we hold that the defendant waived any objection by advocating that the court consider matters outside the record in assessing mitigating factors. Moreover, we hold that the sentence imposed was a proper one. The judgment of the trial court is affirmed.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Robert A. Page |
Madison County | Court of Criminal Appeals | 10/25/00 | |
| Hunt vs. Claybrooks, et al
M1999-01582-COA-R3-CV
This litigation began as a pro bono case. Defendant/Appellant James Goodner ("Goodner") represented himself pro se on October 22, 1997 at the General Sessions Court and received a judgment against him. Goodner timely appealed the decision to the Circuit Court. Plaintiff/Appellee Allie Mae Hunt ("Hunt") died after the case was appealed from the General Sessions Court to the Circuit Court for Davidson County, Tennessee. Thereafter, the trial court dismissed Goodner's appeal and this case took on a different character. David E. Danner ("Danner") filed a Rule 60.02 motion to get the case reinstated, allegedly accusing Hunt's attorney, C. Bennett Harrison ("Harrison") of "fraud, misrepresentation or other misconduct." Harrison filed a response to the motion containing a motion for Rule 11 sanctions against Danner. Subsequently, Danner asked for sanctions against Harrison, which were denied. Hunt's case was reinstated, but the trial court ordered Danner to pay attorney fees of $100 to Harrison as a sanction of Rule 11. We affirm and modify the trial court's decision.
Authoring Judge: Judge Don R. Ash
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 10/25/00 | |
| Rackley vs. DeKalb Co. Fire Dept.
M2000-00885-COA-R3-CV
A purchaser of real property invited the DeKalb County Volunteer Fire Department to burn down a house on the property for training purposes. After the house was destroyed, the seller re-took possession of the property, because the buyer failed to pay the rest of the purchase price. The seller brought suit against the County for inverse condemnation and trespass. The trial court dismissed the complaint. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:John A. Turnbull |
DeKalb County | Court of Appeals | 10/25/00 | |
| Madu vs. Madu
M1999-02302-COA-R3-CV
This appeal involves the dissolution of a three-year marriage between a naturalized citizen and a foreign national attending school on a temporary student visa. Soon after the parties were divorced by agreement in the Circuit Court for Davidson County, the foreign national sought to set the divorce aside because of its effect on her efforts to remain in the United States. The trial court declined to set the divorce aside. The foreign national asserts on this appeal that the trial court should not have declared the parties divorced and that the trial court erred by denying her motion for a new trial based on newly discovered evidence. We have determined that the record supports the trial court's decision to declare the parties divorced and that the trial court did not err when it denied the foreign national's post-trial motion. Accordingly, we affirm the judgment.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 10/25/00 | |
| State vs. Lisa Ann Bargo
E1999-00156-CCA-R3-CD
Defendant Lisa Ann Bargo was convicted by a jury of one count of forgery, one count of attempt to commit theft over $10,000, and one count of criminal impersonation. The trial court subsequently set aside the jury verdicts on the attempt to commit theft and the criminal impersonation charges and sentenced the defendant on her forgery conviction to ten years as a Range II multiple offender to be served in the Department of Correction. In this appeal, the defendant challenges the sufficiency of the convicting evidence and the length of the sentence. We affirm the defendant's conviction and sentence.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 10/25/00 | |
| State vs. Carl Ross
W1999-01455-CCA-R3-PC
The petitioner, Carl Ross, appeals from the Shelby County Criminal Court's dismissal of his petition for post-conviction relief in which he asserted various instances of ineffective assistance of counsel. Because we conclude that the record supports the lower court's determination that the petitioner failed to establish his claims by clear and convincing evidence, we affirm the dismissal of the post-conviction petition.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Joe Brown |
Shelby County | Court of Criminal Appeals | 10/25/00 | |
| State vs. Benjamin Brown
W1999-00327-CCA-R3-CD
Benjamin Brown appeals from his convictions of one count of felony murder committed in the perpetration of aggravated child abuse and one count of aggravated child abuse. An effective sentence of life imprisonment was imposed. On direct appeal, he contends (1) the evidence is insufficient to support his convictions; (2) the lesser offense of criminally negligent homicide should have been instructed; (3) testimony regarding prior bad acts was erroneously admitted; and (4) his convictions violate the constitutional protections against double jeopardy. Following review, the appellant's conviction for aggravated child abuse is vacated and dismissed as violative of the protections against double jeopardy. We affirm the appellant's conviction for felony murder finding the evidence sufficient to support his conviction. Because the appellant's motion for new trial as to felony murder was untimely filed, the remaining issues related to this conviction are waived.
Authoring Judge: Judge David G. Hayes
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 10/24/00 | |
| State vs. Benjamin Brown
W1999-00327-CCA-R3-CD
Benjamin Brown appeals from his convictions of one count of felony murder committed in the perpetration of aggravated child abuse and one count of aggravated child abuse. An effective sentence of life imprisonment was imposed. On direct appeal, he contends (1) the evidence is insufficient to support his convictions; (2) the lesser offense of criminally negligent homicide should have been instructed; (3) testimony regarding prior bad acts was erroneously admitted; and (4) his convictions violate the constitutional protections against double jeopardy. Following review, the appellant's conviction for aggravated child abuse is vacated and dismissed as violative of the protections against double jeopardy. We affirm the appellant's conviction for felony murder finding the evidence sufficient to support his conviction. Because the appellant's motion for new trial as to felony murder was untimely filed, the remaining issues related to this conviction are waived.
Authoring Judge: Judge David G. Hayes
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 10/24/00 | |
| Tennessee Protection and Advocacy, Inc., et al v. Janis
M1999-00884-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Chancery Court Reversed in part and Affirmed in part; Remanded. LOSER, SP. J., in which BIRCH, J. , and KURTZ, SP. J., joined. Carson W. Beck, Nashville, Tennessee, for the appellant, Janis Greene. Richard E. Spicer, Nashville, Tennessee, for the appellees, Tennessee Protection and Advocacy, Inc., et al. MEMORANDUM OPINION By this appeal, the employee or claimant, Janis Greene, insists the evidence preponderates against the trial court's finding that her carpal tunnel syndrome did not arise out of and in the course of her employment. The employer, Tennessee Protection and Advocacy, Inc. contends the claim is barred by the employee's failure to give timely written notice. As discussed below, the panel has concluded the trial court's order dismissing the claim as not having arisen out of and in the course of employment should be reversed; and the panel has further concluded the trial court's findings with respect to notice and the extent of the claimant's permanent partial disability should be affirmed. The employer initiated this action on September 15, 1997, seeking a declaration that the employee's claimed injury did not arise out of and in the course of employment. The employee served her answer and a counterclaim. Construing the counterclaim fairly and consistently with the evidence and arguments, we have concluded the employee was and is seeking disability and medical benefits authorized by the Workers' Compensation Act. Tenn. Code Ann. _ 5-6- 11 et seq. After a trial of all the issues on February 25, 1999, the chancellor made her findings. Paraphrased, those findings were that (1) the claimant suffered "serious" carpal tunnel syndrome, cause unknown because of insufficient medical proof, (2) timely written notice of her claimed injury was given, (3) as a result of her carpal tunnel syndrome, the claimant retained a permanent partial vocational disability of twenty-five percent to the right hand and twelve and one-half percent to the left hand, (4) her claimed medical expenses were reasonable and necessary and (5) the claimant was a credible witness. Review of findings of fact by the trial court is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). This standard requires the panel to examine in depth a trial court's factual findings and conclusions. The reviewing court is not bound by a trial court's factual findings but instead conducts an independent examination to determine where the preponderance of the evidence lies.
Authoring Judge: Loser, Sp. J.
Originating Judge:Carol Mccoy, Chancellor |
Greene County | Workers Compensation Panel | 10/24/00 | |
| Janice Forbes, et al. v. Cna Insurance Company, et al.
W1999-00710-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendants CNA Insurance Company and Day After Day Service, Inc. appealed the judgment of the Chancery Court of Obion County awarding plaintiff Janice Forbes, for deceased husband Jerry Forbes, death benefits for the death of Jerry Forbes from a work-related heart attack. For the reasons stated in this opinion We affirm the judgment of the trial court.
Authoring Judge: Henry D. Bell, Sp. J.
Originating Judge:W. Michael Maloan, Chancellor |
Obion County | Workers Compensation Panel | 10/24/00 | |
| State vs. Nassel Brown
W1999-01558-CCA-R3-PC
The petitioner, convicted of one count of rape of a child and sentenced to fifteen years, appeals from the trial court's order dismissing his petition for post-conviction relief. He argues that his trial counsel was ineffective for failing, inter alia, to investigate his case and for failing to interview and subpoena certain witnesses. We conclude that the petitioner has not demonstrated that the trial court erred. Therefore, we affirm the order dismissing his petition.
Authoring Judge: Judge John Everett Williams
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 10/24/00 | |
| State vs. Jarvis Loverson
W1999-01750-CCA-R3-CD
A Shelby County jury convicted the appellant, Jarvis Loverson, of one (1) count of theft of property over $1,000, a Class D felony, and one (1) count of attempted theft of property over $10,000, a Class D felony. The trial court sentenced the appellant as a Range II offender to consecutive terms of twelve (12) years for each offense. On appeal, the appellant contends that the evidence is insufficient to sustain his convictions for theft of property and attempted theft of property. After thoroughly reviewing the record before this Court, we conclude that the state failed to present any evidence regarding the value of the subject property. As a result, the appellant's conviction for theft of property over $1,000 is modified to theft of property valued at $500 or less, and his conviction for attempted theft of property over $10,000 is modified to attempted theft of property with a value of $500 or less.
Authoring Judge: Judge Jerry Smith
Originating Judge:Joseph B. Dailey |
Shelby County | Court of Criminal Appeals | 10/23/00 | |
| State vs. Lon Pierce
W1999-01433-CCA-R3-CD
The defendant, Lon Adelbert Pierce, appeals from his conviction of the first degree premeditated murder of Larry Gene Peppers, Sr. He raises numerous issues on appeal. Significant among his appellate issues are his challenge to the sufficiency of the evidence based upon his claim of diminished capacity, his claim that a psychologist is incompetent to give rebuttal testimony on the issue of diminished capacity, and his claim that double jeopardy barred his retrial on first degree murder after the jury at his first trial determined that he was not guilty of the offense, as evidenced by juror affidavits. Because we find no error requiring reversal, we affirm the defendant's conviction.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:C. Creed Mcginley |
Benton County | Court of Criminal Appeals | 10/23/00 | |
| State vs. James Carter
W1999-00799-CCA-R3-PC
A Shelby County jury convicted the Defendant of first degree murder, and the trial court sentenced him to life imprisonment. The Court of Criminal Appeals affirmed the conviction, and the Tennessee Supreme Court denied permission to appeal. The Defendant filed a petition for post-conviction relief, which the trial court denied after an evidentiary hearing. The Defendant appeals the denial of post-conviction relief and raises the following two issues: (1) whether the jury instruction on circumstantial evidence was proper; and (2) whether he received effective assistance of counsel at his trial. Finding no error, we affirm.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 10/23/00 | |
| Rick Roelke vs. William Hickerson
W2000-00455-COA-R3-CV
This is a medical malpractice case. The trial court dismissed the plaintiff's complaint because it was not filed within the applicable statute of limitations. We affirm.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Karen R. Williams |
Shelby County | Court of Appeals | 10/23/00 | |
| Jackie Reynolds vs. Tammy Battles
W2000-00340-COA-R3-CV
This case involves three alleged criminal conspiracies committed by the Appellees against the Appellants. The Appellants filed a complaint against the Appellees in the United States District Court for the Western District of Tennessee. The district court dismissed the Appellants' complaint for lack of jurisdiction. The Appellants then filed a complaint against the Appellees in the Circuit Court of Hardin County. The Appellees brought a motion to dismiss. The trial court granted the Appellees' motion to dismiss, finding that the Appellants' complaint was barred by the statute of limitations and failed to state a claim for which relief can be granted. The Appellants appeal the dismissal of the Appellants' complaint. For the reasons stated herein, we reverse the trial court's decision.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Appeals | 10/23/00 |