State of Tennessee v. Leroy Sexton
Following a jury trial, Defendant, Leroy Sexton, was convicted of rape of a child and was sentenced to serve twenty-five years confinement in the Department of Correction. Defendant subsequently filed a motion for new trial which was denied by the trial court. He now appeals arguing that he is entitled to a new trial because (1) he received ineffective assistance of counsel at trial, and (2) the trial court committed reversible error by allowing the prosecutor to make improper statements during closing argument. After a thorough review of the record, we affirm the judgment of the trial court. |
Fentress | Court of Criminal Appeals | |
Bobby Blackmon v. State of Tennessee
The petitioner, Bobby Blackmon, appeals the denial of his post-conviction petition and asserts that: (1) he was denied a full and fair post-conviction hearing; and (2) he received ineffective assistance of appellate counsel. Upon review, we conclude that the petitioner received a full and fair hearing and effective assistance of appellate counsel. The judgment denying post-conviction relief is affirmed. |
Sumner | Court of Criminal Appeals | |
Michael Dwayne Edwards v. State of Tennessee
Petitioner, Michael Dwayne Edwards, was convicted by a Henry County jury of burglary and received a sentence of nine years as a Range III, persistent offender. His conviction was affirmed on appeal. State v. Michael Dwayne Edwards, No. W1999-00591-CCA-R3-CD, 2000 WL 674671 (Tenn. Crim. App. at Jackson, May 16, 2000), perm. to appeal denied (Tenn. Dec. 4, 2000). On March 22, 2006, the petitioner filed a pro se petition for writ of habeas corpus challenging his classification as a persistent offender. The trial court dismissed his petition without the appointment of counsel or an evidentiary hearing. Following our review, we reverse the judgment of the trial court and remand for appointment of counsel and an evidentiary hearing to determine whether the petitioner received an illegal sentence as the result of an improper range classification. |
Hickman | Court of Criminal Appeals | |
CitiFinancial Mortgage Company, Inc. v. Augustus Beasley, et al.
Appellants Augustus and Sheila Beasley (the Beasleys) seek to challenge the denial of their request to appeal an adverse unlawful detainer judgment to circuit court and to set aside the foreclosure of their residence. Specifically, the Beasleys appeal the trial court’s grant of summary judgment to CitiFinancial Mortgage, Inc. (Citi) and denial of their petition for writs of certiorari and supersedeas, filed after the deadline for appealing the judgment as of right. The court denied the petition on the grounds that it did not set forth sufficient merits for removal to circuit court for a trial de novo. In the petition for writs of certiorari and supersedeas, the Beasleys advanced as grounds for review the insufficiency of funds for filing a timely appeal and premature foreclosure on their residence in violation of the deed of trust. On appeal, they contend these allegations constituted sufficient merits as required by Tennessee Code Annotated Section 29-18-129. We reverse and remand. |
Tipton | Court of Appeals | |
State of Tennessee v. Robert Barnett
In this case appealed by Defendant Robert Barnett from the Criminal Court of Shelby County, we review the sufficiency of the evidence convicting the defendant of theft of property valued between $1,000 and $10,000 and aggravated burglary. We find the evidence sufficient and affirm the judgments. |
Shelby | Court of Criminal Appeals | |
Charles Jackson v. Shelby County Civil Service Merit Board, et al.
Petitioner/Appellant appeals the trial court’s denial of his appeal under a writ of certiorari arising from the decision of the Shelby County Civil Service Merit Board to terminate his employment with the Criminal Court Clerk’s Office. We affirm. |
Shelby | Court of Appeals | |
Christopher Harville v. Olive Hill Lumber Company
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 5-6-225(e) (3) for hearing and reporting of findings of fact and conclusions of law. At trial, the Appellant, Christopher Harville, was awarded benefits for total loss of his left arm. He has appealed alleging that the trial court erred in limiting benefits to those provided for a scheduled member under the Workers' Compensation Law and in not finding him permanently and totally disabled. We affirm. |
Hardin | Workers Compensation Panel | |
State of Tennessee v. Eric Williams
The Defendant, Eric Williams, was convicted by a Shelby County jury of aggravated robbery. On appeal, he alleges there was insufficient evidence for any rational jury to convict him of that crime. Finding no reversible error exists, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Antonio D. Adams
Appellant appeals the Criminal Court of Shelby County’s dismissal of his appeal from the Juvenile Court of Shelby County. The Criminal Court found that Appellant’s notice of appeal was not timely filed under T.C.A. § 37-1-159. Finding that the Appellant’s appeal was timely, we reverse and remand. |
Shelby | Court of Appeals | |
State of Tennessee v. Ronnie R. Charleston
The defendant, Ronnie R. Charleston, was convicted of felony murder, especially aggravated robbery, and second degree murder. He was sentenced as a Range III, persistent offender to a total effective sentence of life imprisonment plus fifty-five years. On appeal, he presents two issues for our review: (1) whether the evidence was sufficient to support his convictions; and (2) whether the trial court erred in determining the length and the manner of service of his sentences. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Christopher Neil Schultz v. State of Tennessee
On March 3, 2004, Petitioner, Christopher Schultz, pled guilty to two counts of first degree murder. The trial court sentenced Petitioner to serve two concurrent life sentences. On November 30, 2004, Petitioner filed a petition for post-conviction relief which the post-conviction court subsequently denied. In this appeal, Petitioner argues that the post-conviction court erred in denying him post-conviction relief because his guilty pleas were not knowingly and voluntarily entered. After a thorough review of the record, the judgment of the post-conviction court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Efrem Ira McCory, aka Efrem Hampton
Following a revocation hearing, the trial court revoked the probation of Defendant, Efrem Ira McCory, and ordered him to serve his two-year sentence in confinement. In his appeal, Defendant argues that the trial court abused its discretion in revoking his probation. After a review of this matter, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Lisa Dawn Winton Haines v. Lee Alan Haines
In this post-divorce proceeding, the trial court granted the petition of Lee Alan Haines (“Father”) to change the custody of the parties’ two minor children from Lisa Dawn Winton Haines (“Mother”) to Father. The change in custody followed a bench trial at which the trial court heard, in chambers, the testimony of the children as elicited by the leading questions of the Guardian Ad Litem (“the GAL”). The examination took place outside the physical presence of counsel for the parties. Mother appeals, (1) challenging the change of custody; (2) questioning evidentiary rulings by the trial court; and (3) asserting that the trial court erred in allowing the children to be questioned in chambers by the GAL outside the physical presence of counsel for the parties. We hold that the in-chambers proceeding, as designed and conducted by the trial court, constitutes error. Because we deem the error to be a violation of due process and prejudicial to the judicial process, we vacate the trial court’s judgment in toto and remand for a new trial before a different judge. |
Blount | Court of Appeals | |
Neva Jane Marcrum v. Thomas T. Marcrum, Sr.
The sole issue in this appeal involves the division of property upon the divorce of the two parties. Having reviewed the record, we modify the division as to one specific finding of fact and affirm the judgment as modified. |
Lewis | Court of Appeals | |
Patricia Conley, as Executor and Personal Representative of the Estate of Martha Stinson, Deceased v. Life Care Centers of America, Inc., et al. - Concurring
Although I concur in the result and reasoning of reached by the majority opinion, I think it important to emphasize one point. I agree with the trial court that none of the allegations regarding Ms. Stinson’s stay at the nursing home prior to January 1, 2000, state any cause of action warranting relief. They were properly dismissed because there was no causal connection between those alleged incidents or omissions and the injuries suffered by Ms. Stinson due to the assault by Mr. Johnson. That determination eliminates most of the allegations supporting the TAPA claims that Plaintiff wanted to add. |
Hickman | Court of Appeals | |
Patricia Conley, as Executor and Personal Representative of the Estate of Martha Stinson, Deceased v. Life Care Centers of America, Inc., et al.
The estate of a former nursing home resident brought this wrongful death action, asserting sundry claims against the nursing home arising out of an attack on Mrs. Stinson by another resident. As a result of the attack, Mrs. Stinson was hospitalized and treated for injuries including a broken hip. She died four months later of pneumonia. Initially, the claims against the nursing home sounded principally in medical malpractice, with the plaintiff contending the attack, injuries, and death were the result of a variety and series of acts and omissions of the nursing home, including failing to properly screen and/or subsequently discharge the resident who attacked Mrs. Stinson. The plaintiff additionally asserted claims against Genesis of Jackson, Inc., a provider of psychiatric services, and the State of Tennessee, contending they, along with the nursing home, were responsible for determining whether the resident who assaulted Mrs. Stinson should have been admitted or retained as a resident at the nursing home. The plaintiff’s claim against Genesis was dismissed by the trial court, and the claim against the State was denied by the Claims Commission. The plaintiff sought to amend the complaint to add a claim for attorney fees against the nursing home under the Tennessee Adult Protection Act. The trial court dismissed the TAPA claim finding the plaintiff’s claims sounded in medical malpractice and therefore, by statute, the exclusive remedy was under the Medical Malpractice Act. The plaintiff’s medical malpractice claims against the nursing home went to the jury. Following a six-day jury trial, the plaintiff was awarded $130,000 in compensatory damages against the nursing home. The plaintiff and the nursing home appeal. We affirm in part, vacate in part, and remand the surviving claims for a new trial. |
Hickman | Court of Appeals | |
State of Tennessee v. Robert Weaver
Following a jury trial, Defendant, Robert Weaver was convicted of one count of robbery, a Class C felony. The trial court sentenced Defendant as a Range II, multiple offender, to ten years. Defendant does not appeal the length of his sentence. Defendant argues, however, that the evidence was insufficient to support his conviction. After a thorough review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Travis Parson v. State of Tennessee
Petitioner, Travis Parson, was convicted of two counts of especially aggravated robbery and one count of criminally negligent homicide. He was sentenced to consecutive sentences of twenty years for each robbery conviction, and a concurrent sentence of two years for his homicide conviction, for a total effective sentence of forty years. On direct appeal, this Court ruled that the record did not support consecutive sentencing, and that dual convictions for especially aggravated robbery violated principles of double jeopardy. We therefore modified one of the convictions to aggravated assault and remanded that conviction for sentencing. His total effective sentence was amended and reduced to twenty years. In September 2004, Petitioner filed a pro se petition for post-conviction relief alleging ineffective assistance of counsel. Counsel was appointed and an amended petition was filed. The post-conviction court subsequently denied relief. Petitioner now appeals that denial arguing that counsel was ineffective for (1) failing to present a second defense of misidentification, and (2) failing to call Petitioner’s mother to “bolster” his alibi. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ernest Banks
Defendant, Earnest Banks, pled guilty to burglarizing a motor vehicle. The trial court held a separate sentencing hearing. At the conclusion of the hearing, the trial court sentenced Defendant to three years as a Range II, multiple offender, to be served consecutively to a previous conviction. The trial court also denied Defendant’s request for alternative sentencing. Defendant appeals on the grounds that the trial court erred in setting his sentence above the minimum and in denying his request for probation. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Lisa Dawn Winton Haines v. Lee Alan Haines
In this post-divorce proceeding, the trial court granted the petition of Lee Alan Haines (“Father”) to change the custody of the parties’ two minor children from Lisa Dawn Winton Haines (“Mother”) to Father. The change in custody followed a bench trial at which the trial court heard, in chambers, the testimony of the children as elicited by the leading questions of the Guardian Ad Litem (“the GAL”). The examination took place outside the physical presence of counsel for the parties. Mother appeals, (1) challenging the change of custody; (2) questioning evidentiary rulings by the trial court; and (3) asserting that the trial court erred in allowing the children to be questioned in chambers by the GAL outside the physical presence of counsel for the parties. We hold that the in-chambers proceeding, as designed and conducted by the trial court, constitutes error. Because we deem the error to be a violation of due process and prejudicial to the judicial process, we vacate the trial court’s judgment in toto and remand for a new trial before a different judge. |
Court of Appeals | ||
Antonius Harris v. State of Tennessee
Petitioner, Antonius Harris, appeals the dismissal of his petition for post-conviction relief which alleged that his trial counsel rendered ineffective assistance of counsel. Specifically, Petitioner contends that trial counsel’s assistance was ineffective for failure to call certain witnesses at trial. Petitioner also contends that the trial court erred in failing to instruct the jury on self-defense as an affirmative defense and in imposing consecutive sentencing. After a thorough review of the record, we conclude that Petitioner has failed to show any deficiencies in his counsel’s assistance or prejudice for failing to call Petitioner’s suggested witnesses. Petitioner’s challenges to the trial court’s jury instructions and the imposition of consecutive sentencing were raised in Petitioner’s direct appeal and thus have been previously determined. Accordingly, we affirm the judgment of the post-conviction court. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Roshad Romanic Siler - Concurring and Dissenting
I concur with the majority’s opinion regarding the evidentiary issue. I dissent from the majority’s opinion insofar as it finds insufficient evidence to support the convictions. |
Roane | Court of Criminal Appeals | |
State of Tennessee v. Roshad Romanic Siler
Following a jury trial, the appellant, Roshad Romanic Siler, was convicted of three counts of the sale of a counterfeit controlled substance, a Class E felony. The trial court sentenced the appellant as a Range I, standard offender to concurrent sentences of one year for each conviction, but suspended the sentences and placed the appellant on community corrections. The appellant challenges the sufficiency of the evidence and an evidentiary ruling made by the trial court on appeal. Because we determine that the evidence was insufficient to support the appellant’s convictions, we reverse and dismiss. |
Roane | Court of Criminal Appeals | |
Jean E. Hood v. J. Daniel Freemon, et al.
The owner of a tract of undeveloped commercial property in the city of Lawrenceburg asked the trial court to enjoin the lessees of that property from subletting it to the city for the purpose of building a retention pond. She claimed that such a use would constitute waste or create a permanent and private nuisance on the land. The trial court declined to issue the injunction and certified its decision as final for purposes of appeal. We reverse. |
Lawrence | Court of Appeals | |
Anita Wadhwani v. Peter White
A former spouse challenges the extension and modification of an Order of Protection, contending the proof was insufficient to justify either the extension or modification. Finding the record contains sufficient evidence from which the trial court could determine an extension and modification of the Order was necessary, we affirm. |
Davidson | Court of Appeals |