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| State vs. Richard Allan Frye
E1999-01564-CCA-R9-RL
This appeal arises from the order of the Sullivan County Criminal Court upholding the district attorney general's refusal to accept the application of the defendant for pretrial diversion. The defendant asserts that the trial court erred in failing to determine that the district attorney general abused his discretion by relying on facts not supported by the evidence and by failing to consider all relevant factors. We conclude that substantial evidence was before the district attorney general to support the validity of each of the four factors relied on in denying pretrial diversion and that the district attorney general considered all relevant factors. Accordingly, the judgment of the trial court is affirmed.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 09/29/00 | |
| S.E.A., Inc. vs. Southside Leasing Company and Moss W. Yater
E2000-00631-COA-R3-CV
S.E.A., Inc. brought suit in Knox County Chancery Court seeking an injunction and alternatively, damages, against its lessor, Southside Leasing Company, and Southside's secured creditor, Moss W. Yater, regarding a non-disturbance agreement. Yater is also Southside's majority shareholder, president and director. S.E.A.sought to sublease a portion of the property. Pursuant to the terms of the lease between S.E.A. and Southside, Southside consented to the sublease and executed the requested non-disturbance agreement. However, Yater, Southside's secured creditor, refused to execute the non-disturbance agreement unless Southside received a portion of the rent from the sublease. Defendants filed motions for summary judgment which were granted by the Trial Court. S.E.A. appeals the Trial Court's granting of summary judgment to the Defendants. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John F. Weaver |
Knox County | Court of Appeals | 09/29/00 | |
| State vs. Raymond Jackson Collins
E1999-00233-CCA-R3-CD
The defendant appeals from his conviction of, and four-year sentence for, violation of a habitual traffic offender order, failure to stop for a red light, and violation of the seat belt law. He asserts that insufficient evidence supported the verdict, that the imposed sentence was excessive, and that the trial court improperly denied alternative sentencing. We affirm the convictions and sentence, holding that sufficient evidence supported the verdict and that the trial court properly sentenced the defendant.
Authoring Judge: Judge John Everett Williams
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/29/00 | |
| State vs. Dyron H. Yokley
M1999-00290-CCA-R3-CD
Pursuant to a plea agreement, Dyron Yokley, the defendant and appellant, entered "best interest" pleas to four (4) counts of aggravated robbery. The plea agreement provided that the "[d]efendant is to receive an [eight] 8 year package with a sentencing hearing to determine any alternative sentencing, if applicable." Following a sentencing hearing, the trial court sentenced the defendant to eight years for each count, concurrently, as provided in the plea agreement. Relying primarily on the defendant's criminal history and previous sentences of probation, the court ordered the defendant to serve his sentence in the Tennessee Department of Corrections. The defendant now appeals, arguing that all parties were unaware that the defendant was statutorily ineligible for probation and that his plea was thus involuntarily given. Because we find this matter is a post-conviction issue rather than one properly raised at this time, we affirm the judgment of the trial court
Authoring Judge: Judge Jerry Smith
Originating Judge:Robert L. Jones |
Lawrence County | Court of Criminal Appeals | 09/29/00 | |
| State vs. George O. Mears
M1999-01229-CCA-R3-CD
The appellant, George O. Mears, appeals his conviction in the Cannon County Circuit Court of driving under the influence of an intoxicant, second offense. Pursuant to the appellant's conviction, the trial court imposed a sentence of eleven months and twenty-nine days incarceration in the Cannon County Jail, suspending all but six months of the appellant's sentence and placing him on probation. On appeal, the appellant presents the following issues for our review: (1) whether the trial court erred in permitting the prosecutor to comment to the jury about the appellant's failure to call a witness and in providing a "missing witness" instruction to the jury; (2) whether the evidence adduced at the appellant's trial is sufficient to support the jury's verdict of guilt; and (3) whether the trial court erred in sentencing the appellant. Following a review of the record and the parties' briefs, we reverse the judgment of the trial court and remand this case for a new trial.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Don Ash |
Cannon County | Court of Criminal Appeals | 09/29/00 | |
| State vs. Joy A. Stinson
E1999-02082-CCA-R3-CD
The defendant was convicted of one count of theft of property over $1,000 for her unauthorized charge of items at a retail store to her former employer's account. The trial court sentenced her to four years imprisonment, with three years suspended. On appeal, the defendant presents the issues of whether the trial court erred in allowing the State to introduce the testimony of an alibi rebuttal witness whom the State did not identify as a witness prior to trial, and in allowing the State to present evidence which she alleges tied her to an uncharged crime. Based upon our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 09/29/00 | |
| State vs. Michael A. Janosky
M1999-02574-CCA-R3-CD
Michael Janosky appeals from his conviction of driving under the influence. In this direct appeal, he challenges his conviction based upon (1) erroneous admission of breath alcohol test results which he contends were involuntarily obtained and (2) the results of the breath test were not administered in accordance with the requirements of State vs. Sensing. As to issue (1), we hold that, absent a motorist's express refusal, consent to a breath test is deemed voluntary as a matter of law. With reference to issue (2), the improper administration of the breath test, we find this issue waived because it was not included in the appellant's motion for new trial. Tenn. R. App. P. 3(e). Accordingly, we affirm the judgment entered by the trial court.
Authoring Judge: Judge David G. Hayes
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 09/29/00 | |
| State vs. Douglas Canady
M1999-02135-CCA-R3-CD
Defendant, Douglas Canady, appeals his conviction for aggravated robbery, for which he received a sentence of ten years in the Department of Correction. The sole issue in this appeal is whether the evidence is sufficient to support the verdict. Finding the evidence sufficient, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Timothy L. Easter |
Hickman County | Court of Criminal Appeals | 09/29/00 | |
| State vs. Damon Theodore Marsh
M1999-01879-CCA-R3-CD
Defendant, Damon Theodore Marsh, appeals his conviction for second degree murder, for which he received a sentence of 23 years and 6 months. On appeal, the defendant raises the issue of sufficiency of the evidence to support his conviction. We conclude that the issue raised by the defendant in this appeal is without merit. The judgment of the trial court is affirmed.
Authoring Judge: Judge Joe G. Riley
Originating Judge:W. Charles Lee |
Bedford County | Court of Criminal Appeals | 09/29/00 | |
| State Dept. of Children's Svcs. vs. L.S., In the Matter of D.S.
M1999-00847-COA-R3-CV
The Trial Court removed minor child from the parental home on grounds child was dependent and neglected. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:John J. Maddux |
Pickett County | Court of Appeals | 09/28/00 | |
| Tammy Elizabeth Hickman & Danny Ray Hickman vs. Eugenia Darlene Hickman
E2000-00927-COA-R3-CV
Plaintiffs sued to terminate the mother's parental rights. The Trial Judge held plaintiffs failed to carry the burden of proof. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jeffrey F. Stewart |
Rhea County | Court of Appeals | 09/28/00 | |
| Franklin Nat'l Bank vs. Prowell
M2000-00580-COA-R3-CV
The Circuit Court of Williamson County refused to issue a writ of certiorari to review a judgment of the General Sessions Court of that county because the petition was untimely and the same issues were already pending in an action in Maury County. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Jeffrey S. Bivins |
Williamson County | Court of Appeals | 09/28/00 | |
| Barry Robinson v. Donald Brooks
M2003-00185-COA-R3-CV
This case involves the sale by auction of certain real property in Davidson County. The buyers brought suit in Davidson County Chancery Court seeking specific performance or, in the alternative, damages for breach of contract. From the trial court's grant of summary judgment for the defendants, the plaintiff buyers appeal. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 09/28/00 | |
| State vs. Chris Wilson a/k/a Calvin Clark
M1998-00395-CCA-R3-CD
Following a "best interest" plea to one count of aggravated burglary, the appellant was sentenced to a term of five years in the Department of Correction. On appeal, he challenges (1) the length of the sentence and (2) the imposition of a sentence of total confinement. After review, we affirm.
Authoring Judge: Judge David G. Hayes
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Criminal Appeals | 09/28/00 | |
| Lassiter vs. Lassiter
M1999-00374-COA-R3-CV
This case involves a divorce ending a seven-year marriage. The divorce was awarded to the wife on grounds of the husband's inappropriate marital conduct. The trial court divided the property and debts according to the parties' stipulations. The court then awarded the wife alimony in futuro and ordered the husband to pay $750 of the wife's attorney fees. The husband appeals the awards of alimony and attorney fees. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol A. Catalano |
Robertson County | Court of Appeals | 09/28/00 | |
| Dudley vs. Dudley
M1998-00982-COA-R3-CV
In this divorce case, the trial court awarded the divorce to the Wife and divided the property. Husband appeals the award of the marital residence and its contents to Wife. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 09/28/00 | |
| Moss vs. TN Board of Paroles
M2000-00128-COA-R3-CV
At the hearing where appellant's parole was revoked, the Hearing Officer admitted sworn statements of alleged victims. The Trial Court upheld the revocation. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 09/28/00 | |
| Wilson vs. So. Centr. Corr. Facility Disciplinary Bd
M2000-00303-COA-RM-CV
An inmate in a privately operated prison filed a Petition for Writ of Certiorari against the disciplinary board at that facility. The trial court dismissed his petition for failure to state a claim. We affirm
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Jim T. Hamilton |
Wayne County | Court of Appeals | 09/28/00 | |
| Joiner vs. Metro Gov't
M2000-00413-COA-R3-CV
The Trial Court entered consent Judgment over objection of defendant. We vacate Judgment and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 09/28/00 | |
| Paul Farnsworth, A/K/A Ronnie Bradfield v. Donita Moore,
01623-COA-R3-CV
Originating Judge:Thomas W. Graham |
Bledsoe County | Court of Appeals | 09/28/00 | |
| Turner vs. Turner
M1999-00482-COA-R3-CV
This is a divorce case. Following a bench trial, the court below (1) granted a divorce to wife; (2) divided the marital property; (3) awarded wife alimony in the form of a $1,640.55 monthly payment out of husband's retirement account; and (4) declared that the alimony award was to be secured by the husband's retirement account. Husband appeals the alimony award, the use of the retirement account as security for the payment of alimony, and the trial court's division of the marital property. Wife takes issue with the division of the parties' marital property. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 09/28/00 | |
| Turner vs. Turner
M1999-00482-COA-R3-CV
This is a divorce case. Following a bench trial, the court below (1) granted a divorce to wife; (2) divided the marital property; (3) awarded wife alimony in the form of a $1,640.55 monthly payment out of husband's retirement account; and (4) declared that the alimony award was to be secured by the husband's retirement account. Husband appeals the alimony award, the use of the retirement account as security for the payment of alimony, and the trial court's division of the marital property. Wife takes issue with the division of the parties' marital property. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 09/28/00 | |
| William Boyd vs. State
E1999-01279-CCA-R3-PC
The petitioner, William Boyd, appeals from the trial court's denial of his petition for post-conviction relief. Boyd alleges that his eight-year sentence for the offense of especially aggravated sexual exploitation of a minor, which is to be served at 100 percent, is illegal. We agree that the sentence is illegal and therefore reverse the trial court's dismissal of the post-conviction petition, vacate the conviction of especially aggravated sexual exploitation of a minor and the dismissal of the charge of aggravated rape, and remand to the trial court for further proceedings.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:William H. Inman |
Monroe County | Court of Criminal Appeals | 09/27/00 | |
| J.D. Hickman v. State of Tennessee
E1999-02756-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Lynn W. Brown |
Washington County | Court of Criminal Appeals | 09/27/00 | |
| State vs. Bernard K. Johnson
E2000-00009-CCA-R3-CD
The defendant appeals to challenge the sufficiency of the evidence supporting his convictions of sexual battery and aggravated kidnapping and the propriety of the felony sentences imposed by the trial court. We affirm the convictions, but upon notice of plain error, we reverse a misdemeanor conviction of aggravated criminal trespass. Finding the misapplication of some enhancement factors, we modify some of the sentences.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 09/27/00 |