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| State vs. Joe W. Steward
M1999-01284-CCA-R3-CD
Because the defendant, Joe W. Steward, was lawfully stopped at a traffic enforcement roadblock, his conviction for driving under the influence, second offense, is affirmed. The issue reserved on appeal by the defendant does not warrant suppression of the evidence.
Authoring Judge: Judge Gary R Wade
Originating Judge:Cornelia A. Clark |
Lewis County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Reggie Jones
W1999-00898-CCA-R3-CD
The defendant was found guilty of aggravated robbery, theft over $10,000 and felonious escape. The trial court merged the theft conviction into the aggravated robbery conviction. Defendant received a ten-year sentence for aggravated robbery and a consecutive one-year sentence for felonious escape. The defendant raises the following issues for review: (1) whether the defendant's prosecution in Haywood County for aggravated robbery, following an acquittal for the same offense in federal court, violated double jeopardy; (2) whether the trial court erred in failing to grant a new trial when it was discovered that a juror had a prior felony conviction; and (3) whether the defendant was improperly convicted of both aggravated robbery and the lesser-included offense of theft. Upon a review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:William B. Acree |
Haywood County | Court of Criminal Appeals | 08/18/00 | |
| State vs. James Snider
W1999-01849-CCA-R3-CD
The defendant was found guilty of rape of a child and aggravated sexual battery. He appealed, arguing that the evidence was insufficient to support a guilty verdict and that the trial court erred in allowing the victim's mother to testify to hearsay statements made by the victim, in prohibiting the defendant from questioning the victim's mother about sexual abuse in her childhood, and in sentencing the defendant in an excessive manner on the rape conviction. We conclude that these issues are without merit and affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Letivias Prince
M1998-00005-CCA-R3-CD
The defendant, Letivias Prince, was convicted of first degree murder and was sentenced to life imprisonment. On appeal, the defendant argues that the jury pool did not adequately represent the racial makeup of the community; that pre-trial publicity deprived him of a fair trial; that the trial court erred by permitting eight peremptory challenges in jury selection; that the trial court erred by allowing the state to either call a rebuttal witness or receive a missing witness instruction; that the trial court erred by instructing the jury regarding the order of consideration of offenses; and that the evidence was insufficient to sustain his conviction. The judgment of the trial court is affirmed.
Authoring Judge: Judge Jerry Smith
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Lee Townes
W1999-01126-CCA-R3-CD
The trial court dismissed the petitioner's post-conviction relief petition, based upon its findings that trial counsel rendered effective assistance and that the other grounds for relief had been waived or previously determined. On appeal, the record supports the trial court's judgment, and we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Julian P. Guinn |
Carroll County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Gerald W. McCullough
M1999-01525-CCA-R3-CD
The defendant, Gerald W. McCullough, was convicted of aggravated sexual battery. The trial court imposed a twelve-year sentence. In this appeal of right, the defendant contends that the trial court erred by allowing proof of more than one instance of sexual misconduct and by imposing an excessive sentence. Because the sentence was not excessive, and because the defendant waived the issue of the admissibility of uncharged sex crimes, the judgment is affirmed.
Authoring Judge: Judge Gary R Wade
Originating Judge:William Charles Lee |
Bedford County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Ricky Lee Cook
M2000-00178-CCA-R3-CD
Defendant appeals the revocation of his probation and reinstatement of a portion of his original sentence. The defendant plead guilty to possession of drug paraphernalia, and received a sentence of eleven (11) months, twenty-nine (29) days, which was completely suspended after the service of forty-eight (48) hours. After a revocation hearing, the trial court revoked defendant's probation and required him to serve a portion of his sentence. Concluding that the defendant violated at least four specific terms of his probation, we affirm the judgment of the trial court.
Authoring Judge: Judge Cornelia A. Clark
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 08/18/00 | |
| State vs. Derrick Williams
W1999-01231-CCA-R3-CD
This appeal arises from the defendant's challenge to his sentence of twelve years plus a $10,000 fine for vehicular homicide, four years for reckless aggravated assault, one year for leaving the scene of an accident, and eleven months and twenty-nine days plus a $350 fine for driving under the influence. The sentences are to be served concurrently. The defendant disputes the trial court's application of three of four enhancement factors and refusal to apply a mitigating factor in reaching the sentence. Based upon our review, we affirm the convictions for vehicular homicide, reckless aggravated assault, and leaving the scene of an accident, and reverse and dismiss the conviction for driving under the influence, this offense being merged into the conviction for vehicular homicide. Additionally, we conclude that the trial court incorrectly applied certain enhancement factors. According, we reduce the sentence for vehicular homicide to ten years and the sentence for reckless aggravated assault to three years. All sentences are to be served concurrently, as ordered by the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Dick Jerman, Jr. |
Crockett County | Court of Criminal Appeals | 08/18/00 | |
| State of Tennessee v. Kevin Wilkins
W1999-01462-CCA-MR3-CD
Authoring Judge: Judge David H. Welles
Originating Judge:James C. Beasley, Jr. |
Shelby County | Court of Criminal Appeals | 08/18/00 | |
| State vs. William M. Hukowicz
M1999-00073-CCA-R9-CD
Following a suppression hearing, the Wilson County Criminal Court, J.O. Bond, J., ordered certain portions of the defendant's statement given to police suppressed, holding that the defendant had exercised his right to remain silent. The state filed an interlocutory appeal. The Court holds that the evidence does not preponderate against the trial court's finding that the defendant's refusal to answer other questions by stating "no comment" or a similar declaration was a proper assertion of the defendant's right to remain silent. However, the trial court should have suppressed the entire statement given following the defendant's assertion of his right to remain silent. Remanded.
Authoring Judge: Judge Jerry Smith
Originating Judge:J. O. Bond |
Wilson County | Court of Criminal Appeals | 08/18/00 | |
| Construction Company, Appellee v. Pennsylvania National
M1999-01917-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with the Tenn. Code Ann. _5-6-225(e)(3) for hearing and reporting findings of fact and conclusions of law. In this case, a temporary employer and its insurance company contend the trial court erred in finding a deceased employee to be a loaned servant. The panel has concluded that the judgment of the trial court should be affirmed because the deceased employee was a loaned servant.
Authoring Judge: Turnbull, Sp.J.
Originating Judge:Hon. Carol Mccoy, Chancellor |
Davidson County | Workers Compensation Panel | 08/17/00 | |
| Walter Taylor, Jr. v. Athens Paper Company, Inc., et al.
M1999-00853-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 of findings of fact and conclusions of law. The employer contends the trial court erred in finding the employee did not intentionally misrepresent his physical condition to the employer, and in finding a causal connection between the June 1998 accident and the October 1998 surgery and permanent impairment, and in finding employer responsible for "unauthorized" medical benefits. The panel has concluded that the judgment of the trial court should be affirmed on all issues.
Authoring Judge: Turnbull, Sp. J.
Originating Judge:Hon. Ellen Hobbs Lyle, Judge |
Davidson County | Workers Compensation Panel | 08/17/00 | |
| Claudean Edwards Hulsey v. Peterbilt Motors
M1999-00350-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this case, the employer contends that the award of permanent partial disability benefits is excessive. The employee asserts that the appeal is frivolous. The panel has concluded the award should be affirmed and no damages should be awarded for a frivolous appeal.
Authoring Judge: Turnbull, Sp. J.
Originating Judge:Hon. James Walton, Judge |
Robertson County | Workers Compensation Panel | 08/17/00 | |
| Ella Pruett vs. Wal-Mart
W1999-01026-COA-R3-CV
Plaintiff sued employer under Americans With Disabilities Act and case was tried before a jury. After a jury verdict for plaintiff, defendant moved for judgment notwithstanding the verdict which the court granted. Plaintiff has appealed. The record reflects that defendant failed to move for a directed verdict at the conclusion of all of the evidence and also reflects that no judgment was entered on the jury verdict. Appeal dismissed.
Authoring Judge: Judge W. Frank Crawford
|
Madison County | Court of Appeals | 08/17/00 | |
| State vs. Arnold K. Ward
M1999-00357-CCA-R3-CD
The appellant/defendant, Arnold K. Ward, Jr., appeals as of right from a judgment of conviction and sentencing imposed by the Williamson County Circuit Court. Upon jury conviction for attempted murder second degree and assault, the trial court imposed sentences of eleven (11) years for attempted murder second degree and eleven (11) months and twenty-nine (29) days for assault. The trial court ordered the sentences to be served concurrently. In his appellate issues, the defendant asserts that: (1) the indictment for count one is defective; (2) the defendant was denied his right to compulsory process; (3) extra-judicial communication during the trial between a witness and a juror contaminated the proceedings; (4) there was insufficient evidence for which a rational trier of fact could find the defendant guilty; (5) the defendant was convicted of a charge that does not exist under Tennessee law; and (6) the defendant's sentence is excessive. After a review of the entire record, we find the appellate issues without merit and affirm the trial court's judgment.
Authoring Judge: Sr. Judge L. Terry Lafferty
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 08/16/00 | |
| Heathman-Wood vs. Wood
M1999-00341-COA-R3-CV
This is a post-divorce child custody case. When the mother and father divorced, by agreed order, they gave custody of their minor child to the child's maternal aunt and uncle. The aunt and uncle later petitioned the trial court to allow them to move with the child to another state. The father then sought custody of the child. The trial court found that the father had failed to prove a change in circumstances warranting a change in custody from the aunt and uncle. Consequently, the father's petition for custody was dismissed and the aunt and uncle's petition to move to another state was granted. We reverse, finding that an erroneous legal standard was used. The cause is remanded for a determination of whether granting the father's petition for custody would result in substantial harm to the child.
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Leonard W. Martin |
Cheatham County | Court of Appeals | 08/16/00 | |
| Ross vs. Campbell
M1999-01805-COA-R3-CV
An inmate in custody of the Tennessee Department of Correction brought an action for declaratory judgment contending that the Department failed to give him all sentence credits due. The trial court granted the respondent's motion for summary judgment and we affirm on the basis that no genuine issue of material fact was shown.
Authoring Judge: Judge David R. Farmer
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 08/16/00 | |
| State vs. Elpidio Valdez
M1999-00791-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 08/16/00 | |
| Johnson vs. Allstate
M1999-01639-COA-R3-CV
Insured sued his insurer to recover policy coverage due on a fire loss to his automobile after the insurer denied coverage under the fraud provision of the policy. Judgment was entered on a jury verdict for the insured, and the insurer has appealed.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Buddy D. Perry |
Grundy County | Court of Appeals | 08/16/00 | |
| Wright vs. Hull
M1999-02307-COA-R3-CV
Plaintiff/Appellee, Bill D. Wright, sued to set aside a 1986 deed whereby he conveyed a certain tract of land to Defendant/Appellant, Bonnie S. Hull. He charged failure of consideration and fraud. Defendant, Ms. Hull, asserted that she and Mr. Wright cohabited without marriage for twelve years until their separation in 1998. She asserted that the property conveyance was a gift and was also conveyed to her by Mr. Wright to put the property out of the reach of his creditors. The trial court held the parties to be equal tenants in common and ordered the property sold. We reverse the trial court and dismiss the case.
Authoring Judge: Judge William B. Cain
Originating Judge:Billy Joe White |
Fentress County | Court of Appeals | 08/16/00 | |
| Mills vs. Solomon
M1998-00393-COA-R3-CV
These proceedings began when David Mills filed a complaint seeking to condemn an easement across Linda Solomon's property. In bifurcated proceedings, the jury first determined the location of Mills' easement across Solomon's property and, later, found that Solomon was entitled to an award of damages totaling $11,908 for the easement, including $9900 in incidental damages. On appeal from the trial court's judgment entered on the jury's verdict, Mills challenges only the award of $9900 in incidental damages. We agree with Mills' contention that the record fails to contain material evidence to support the award of incidental damages, and we reverse that portion of the trial court's judgment.
Authoring Judge: Judge David R. Farmer
Originating Judge:Robert E. Corlew, III |
Cannon County | Court of Appeals | 08/16/00 | |
| State vs. William Dozier
W1999-00243-CCA-R3-CD
The defendant entered guilty pleas to three charges of sale of more than .5 grams of cocaine. The trial court sentenced the defendant as a Range I, standard offender to eight years in the Tennessee Department of Correction on each charge. The court ordered that the sentences be served concurrently for an effective sentence of eight years and fined the defendant $2,000. In this appeal as of right, the defendant challenges the sentence imposed by the trial court, arguing that the court erred by denying him an alternative method of punishment. We conclude that the trial court considered all relevant factors needed to reach an appropriate sentence and that its findings are adequately supported by the record. The defendant has failed to meet his burden of showing that the sentence was improper, and, accordingly, the judgment of the trial court is affirmed.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:William B. Acree |
Obion County | Court of Criminal Appeals | 08/16/00 | |
| Paul Wallace vs. Rhonda Mitchell
W1999-01487-COA-R3-CV
Tenured teacher was discharged after an evidentiary hearing before the school board upon finding that the teacher inappropriately touched students and failed to discontinue the practice after warnings. The teacher filed a petition for writ of certiorari for review by the chancery court and after the chancery court's review of the record of the school board hearing, the action of the board dismissing the teacher was affirmed. The teacher has appealed to this Court.
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Ron E. Harmon |
Decatur County | Court of Appeals | 08/16/00 | |
| State vs. Jerry W. Yancey, Jr.
M1999-02131-CCA-R3-CD
The appellant/defendant, Jerry W. Yancey, Jr., was convicted by the Williamson County Jury on four counts, two counts of aggravated assault and two counts of felony reckless endangerment. In count five, the defendant was found not guilty of felony reckless endangerment. Upon the defendant's conviction for aggravated assault, the trial court imposed sentences of three and one-half (3-_) years in the Department of Correction. However, the trial court placed the defendant on probation for four (4) years with certain special conditions, mainly that the defendant serve sixty (60) days, day for day, in the Williamson County Jail. In his appeal, the defendant challenges: (1) Whether the trial court erred in finding that the District Attorney General did not abuse his discretion in denying the defendant pre-trial diversion?; and (2) Whether the trial court erred in denying the defendant full probation? Upon our review of the entire record, we find no reversible error and affirm the judgment of the trial court.
Authoring Judge: Sr. Judge L. Terry Lafferty
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 08/16/00 | |
| Thomas H. Caffey vs. Kevin Myers, Warden
M2000-00200-CCA-R3-PC
Petitioner challenges the trial court's summary dismissal of his petition for writ of habeas corpus. Petitioner was convicted in Davidson County in 1985 of two counts of armed robbery and felonious use of a motor vehicle. He was sentenced to two terms of life imprisonment and an additional four years, to be served consecutively to one another and consecutively to a prior Oklahoma sentence. Petitioner does not challenge the legality of the convictions underlying his current sentences, but rather asserts that equitable estoppel and a due process violation mandate that he not be required to serve his Tennessee sentences. Upon our review of the record, we affirm the dismissal of the petition for writ of habeas corpus.
Authoring Judge: Sr. Judge L. Terry Lafferty
Originating Judge:Jim T. Hamilton |
Wayne County | Court of Criminal Appeals | 08/16/00 |