Michael R. Moody v. State of Tennessee
The petitioner, Michael Robert Moody, filed a "Motion to Correct Errors in Judgment" in which he claimed that the two sentences requiring him to register as a sexual offender are illegal. The trial court dismissed the motion, and the Court of Criminal Appeals denied Moody's request for discretionary review through the common law writ of certiorari. We conclude that the writ of certiorari is not available to review the denial of a motion to correct an illegal sentence and that a habeas corpus action, not a motion, is the proper procedure for collaterally attacking an illegal sentence. Accordingly, we affirm the judgment of the Court of Criminal Appeals. |
Knox | Supreme Court | |
State of Tennessee v. Edward E. Keathley
A jury convicted the defendant, Edward E. Keathley, of simple possession of a Schedule II controlled substance and of possession of drug paraphernalia, Class A misdemeanors. Following a sentencing hearing, the defendant was fined a total of $900.00 and sentenced to eleven months and twenty-nine days for each offense. The trial court ordered the defendant to serve the sentences in concurrent split confinement with ninety days in the county jail and the balance of the sentence on probation. On appeal, the defendant argues that the trial court erred in denying alternative sentencing. Based upon our review, we affirm the decision of the trial court. |
Campbell | Court of Criminal Appeals | |
Kenneth I. Campbell v. State of Tennessee
The petitioner, Kenneth I. Campbell, was convicted of first degree murder and theft of property and received an effective sentence of life imprisonment. He later sought both direct and post-conviction appeals, both of which were denied by this court. Subsequently, he filed a petition for post-conviction relief based on the Post-Conviction DNA Analysis Act of 2001, which was dismissed. He appeals that dismissal, arguing that the post-conviction court erred in dismissing the petition without ordering DNA testing on a bullet introduced at the petitioner’s trial. Following our review, we affirm the post-conviction court’s dismissal of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Richard P. Holt
he Defendant, Richard P. Holt, pled guilty to various drug related felonies in four separate cases, and he was placed on community corrections, and then transferred to supervised probation for a period of eight years. Subsequently, a probation violation warrant was issued because the defendant left the state without permission, and the defendant was indicted and arrested for theft of property valued over $500.00. After a hearing, the trial court revoked the defendant's probation and ordered the defendant to serve the remainder of his sentences in prison. The defendant now appeals, contending that: (1) the evidence is insufficient to revoke the defendant's probation; and (2) the trial court erred in ordering the defendant to serve the remainder of his sentence in prison. Finding no error, we affirm the judgment of the trial court. |
Warren | Court of Criminal Appeals | |
Wilbert Rogers v. State of Tennessee
The petitioner, Wilbert Rogers, appeals the denial of post conviction relief, alleging ineffective assistance of counsel by his trial attorney. The petitioner was originally convicted by jury of second degree murder. After careful review, we affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
John Edward Bell, Jr., v. Vickie Lee Bell
This is a child custody dispute. The parties were married and had one child. When the child |
Tipton | Court of Appeals | |
Karen Renee Howell v. State of Tennessee
The Defendant, Karen Renee Howell, pled guilty to three counts of first degree felony murder, one count of attempted first degree murder, two counts of especially aggravated kidnapping, two counts of aggravated kidnapping, and one count of theft over $1,000. After a sentencing hearing, the trial court sentenced the Defendant to three consecutive terms of life without the possibility of parole for the murders, a consecutive term of twenty-five years for the attempted murder, and a concurrent effective term of twenty-five years for the remaining convictions. The Defendant's convictions and sentences were affirmed on direct appeal. See State v. Howell, 34 S.W.3d 484 (Tenn. Crim. App. 2000). The Defendant subsequently filed for post-conviction relief, alleging that her guilty pleas and sentencing were marred by the ineffective assistance of counsel, and that her guilty pleas were not entered voluntarily, intelligently and knowingly. After a hearing, the trial court denied relief. This direct appeal followed. We affirm the judgment of the trial court. |
Greene | Court of Criminal Appeals | |
Andre Mayfield v. Howard Carlton, Warden
The Defendant, Andre Mayfield, filed for a writ of habeas corpus, seeking to invalidate several convictions he obtained in 1989. The State responded by filing a motion to dismiss. The trial court granted the State's motion and this appeal followed. We affirm the trial court's judgment. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. John Allan Lezotte
The defendant, John Allan Lezotte, entered pleas of guilt to driving under the influence and child endangerment, reserving the right to appeal a certified question of law. See Tenn. R. App. P. 3(b); Tenn. R. Crim. P. 37(b)(2). The single issue presented for review is whether the trial court erred by denying the defendant's motion to suppress. The judgments are affirmed. |
Monroe | Court of Criminal Appeals | |
Carolyn Curtis v. G. E. Capital Modular Space, et al
Pursuant to Rule 23 of the Supreme Court of Tennessee, this Court accepted certification of the following two questions from the United States District Court for the Eastern District of Tennessee, at Greeneville: (1) In an action instituted against an employer for workers' compensation benefits and in which the employer files an answer or amended answer naming a third party as having caused all or a part of the plaintiff's injuries, does Tennessee Code Annotated section 20-1-119 extend the limitation period and allow the filing of an amended complaint against the third party named by the employer and/or other persons named as tortfeasors(s) by the third party in its answer? In the event the first question is answered in the affirmative, then the second question is posed: (2) In Tennessee Code Annotated section 20-1-119(a), does the term "applicable statute of limitations" appearing in the phrase "or named in an amended complaint filed within the applicable statute of limitations" refer to the one year limitation period for personal injury only or to the limitation period as extended by the ninety-day "window" provided by Tennessee Code Annotated section 20-1-119(a)? As to the first question, we answer in the negative. We hold that because Tennessee Code Annotated section 20-1-119 applies only to cases in which comparative fault is or becomes an issue, and because workers' compensation benefits are awarded without regard to fault, section 20-1-119 may not be invoked as authority to amend a complaint in a workers' compensation action to include a claim against a third party tortfeasor that would otherwise be time-barred. Because our answer to this first question renders the second question moot, we do not address it at this time. |
Supreme Court | ||
Virgil E. Rushing v. Walter E. Crockett, Sr.
This appeal questions the apportionment of attorney fees and costs. The plaintiff suffered a compensable on-the-job injury and by the negligence of a third party. He recovered workers' compensation benefits, and settled his tort action thereafter. The employer's subrogation rights were stipulated, but the parties could not agree upon a proportional allocation of fees. |
Montgomery | Court of Appeals | |
Randall Edwin Cobb v. State of Tennessee
The petitioner, Randall Edwin Cobb, appeals pro se from the order of the Obion County Circuit Court dismissing his petition for habeas corpus relief for failure to state a claim. The petitioner pled guilty in June 2000 to one count for possession of cocaine, a Schedule II controlled substance, with the intent to sell within 1000 feet of a school zone, a Class B felony, and on two counts for sale of a controlled substance within 1000 feet of a school zone, each a Class B felony. In this appeal, he challenges: (1) whether the trial court properly dismissed his habeas corpus petition; (2) whether the petition stated a claim for relief; (3) whether the judgments are void; and (4) whether the indictments were defective. After reviewing the matter, we affirm the decision of the trial court, but remand for entry of corrected judgments. |
Obion | Court of Criminal Appeals | |
Steven L. Anderson v. Warden Glen Turner and State of Tennessee
The Petitioner Steven L. Anderson appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we grant the State's motion and affirm the judgment of the lower court. |
Hardeman | Court of Criminal Appeals | |
Marquez Winters v. State of Tennessee
The petitioner, Marquez Winters, was found guilty by a jury in the Shelby County Criminal Court of attempted first degree murder and aggravated kidnapping. He received a total effective sentence of thirty-seven years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of trial and appellate counsel. The post-conviction court denied the petition, and the petitioner now appeals that ruling. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Lucite International, Inc. v. Peter Runciman, PH.D.
This case arises from the trial court’s grant of Appellee’s Tenn. R. Civ. P. 12.02 Motion to Dismiss for lack of personal jurisdiction. Under the Tennessee long-arm statute and the relevant case law, we find that the criteria for personal jurisdiction over Appellant are met. Consequently, we reverse and remand. |
Shelby | Court of Appeals | |
Raymond E. Plemons v. Union Carbide Corporation, Martin Marietta Energy System, Inc., and Lockheed Martin Energy System, Inc.
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The trial court found the employee failed to prove his chronic lung problems were related to his occupational exposure. We affirm. |
Roane | Workers Compensation Panel | |
William Rosenberg Richards v. Joy Wood Richards
This appeal involves a post-divorce petition for a reduction or termination of alimony. Following a bench trial, the trial court ordered petitioner to continue paying $1,000 per month in alimony in futuro to Wife and granted Wife's request for her attorney's fees and court costs. Wife's counter-petition for an increase in alimony was denied. Both parties appeal. We affirm. |
Davidson | Court of Appeals | |
Helen Broyels v. Emma Woodson, et al
Helen Broyles ("Plaintiff") sued Emma Woodson and the Estate of H.Y. Woodson, Emma Woodson, Executrix ("Defendants") claiming that her husband and H.Y. Woodson entered into an agreement in 1990 for Plaintiff's husband to purchase a house located in LaFollette, Tennessee for $21,000. Both Plaintiff's husband and H.Y. Woodson had passed away when the complaint was filed. Plaintiff claimed Emma Woodson was not calculating interest properly and had not given Plaintiff proper credit for the house payments that had been made. Plaintiff requested the Trial Court examine the relevant documentation and establish the amount of Plaintiff's equity and the amount still owing. It was admitted by the parties that there was an agreement of some sort between their deceased husbands. However, that agreement was either an oral agreement or, if it had been reduced to writing, the written instrument appeared to be lost or destroyed. The Trial Court granted summary judgment to Defendants after concluding: (1) the Statute of Frauds rendered the agreement unenforceable; (2) the Dead Man's Statute precluded admission into evidence of any proof regarding the terms of the agreement; and (3) Defendants had negated an essential element of Plaintiff's contract claim which required her to establish the essential elements of the alleged contract with reasonable definiteness. Plaintiff appeals, and we affirm as modified. |
Campbell | Court of Appeals | |
State of Tennessee v. Michael Paul Mondell
The defendant, Michael Paul Mondell, was convicted of facilitation of the second degree murder of his father, Francis Mondell. The trial court imposed a 12-year Department of Correction sentence. The defendant appeals and challenges the sufficiency of the convicting evidence and the propriety of the sentence. We affirm the conviction but modify the sentence to eight years. |
Jefferson | Court of Criminal Appeals | |
State of Tennessee Department of Children's Services v. M.P., et al.
Two cases that pertain to the same child are consolidated on appeal. The child was placed in custody of the Department of Children’s Services at the age of two and one-half years due to filthy conditions at home, lack of supervision, exposure to pornography and drug paraphernalia and parents drug use when both parents were arrested at the family’s home. The Juvenile Court found the child to be dependent and neglected and a victim of aggravated sexual battery. Parents appealed and received de novo trial in Circuit Court which separately concluded the child was dependent, neglected and a victim of severe child abuse and sexual battery. In a separate action, DCS petitioned the Juvenile Court to terminate both parents’ parental rights. DCS investigator interviewed the mother while she was in custody on unrelated charge and after the mother had been appointed counsel. The DCS investigator had not consulted with nor been encouraged by DCS attorneys about questioning the mother. After being released from custody the mother was interviewed by detective. After being advised of her Miranda rights she signed a statement waiving the rights and admitted that she and the father sexually abused the child. The mother had been apprised of her rights against selfincrimination, yet she made a voluntary statement. Thus, she waived her rights against selfincrimination. Juvenile Court terminated the rights of both parents based on abandonment, persistent conditions, and severe child abuse. Both parents appeal. We affirm. |
Putnam | Court of Appeals | |
State of Tennessee v. Michael Woods
The Appellant, Michael Woods, was convicted by a Shelby County jury of second degree murder and sentenced to twenty-five years imprisonment. On appeal, Woods raises four issues for our review: (1) whether the evidence is sufficient to support the conviction; (2) whether the trial court erred by allowing the State to use Woods’ prior criminal convictions for purposes of impeachment when the convictions were more than ten years old; (3) whether the trial court erred by refusing to allow Woods to present proof that two other co-defendants had been convicted of the crime; and (4) whether the sentence is excessive. After review of the record, we find that because Woods’ motion for new trial was not timely filed, issues 2 and 3 are waived. After review of issues 1 and 4, we find no error and affirm the conviction and resulting sentence. |
Shelby | Court of Criminal Appeals | |
Kenneth B. White v. State of Tennessee
The petitioner challenges the trial court’s denial of a delayed appeal by which to present his petition for writ of error coram nobis. Upon review of the record, we conclude that the petitioner’s due process right to appeal was not violated simply because he failed to take action to secure representation. The record reflects that the petitioner was not declared indigent and that the onus in obtaining representation rested with him. His coram nobis petition was outside the applicable statute of limitations and was properly dismissed. We affirm. |
Shelby | Court of Criminal Appeals | |
In the Matter of: The Estate of Lucille Johnson Hill, Deceased
This case involves a surviving spouse’s attempt to set aside a financial transaction made by the decedent approximately one year prior to the decedent’s death. The trial court voided the transfer and awarded the proceeds to the surviving spouse, determining that the transfer was fraudulent and intended to defeat the interest of the surviving spouse. For the reasons stated herein, we reverse. |
Henry | Court of Appeals | |
James Irvin Cole v. Deborah Conley Cole
In post-divorce proceedings, Husband/Appellant sought modification of his support obligation to Wife/Appellee. Divorce Referee found no change in circumstances on which to base a modification. The trial court affirmed the Referee’s findings. Husband/Appellant appeals. We affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Michael Woods - Concurring
I concur in the results reached and most of the reasoning used in the majority opinion. I disagree, though, with the conclusion that Blakely v. Washington, 542 U.S. ____, 124 S. Ct. 2531 (2004), does not affect the sentencing. However, I believe the defendant’s history of criminal of convictions justifies the sentence he received. |
Shelby | Court of Criminal Appeals |