State vs. James Carter W1999-00799-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Bernie Weinman
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.
Shelby
Court of Criminal Appeals
State vs. Jarvis Loverson W1999-01750-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Joseph B. Dailey
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.
Shelby
Court of Criminal Appeals
Jackie Reynolds vs. Tammy Battles W2000-00340-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: C. Creed Mcginley
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.
Hardin
Court of Appeals
Jerry Maness vs. Charles Woods W2000-01049-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Roger A. Page
This is an appeal by Plaintiffs from a grant of summary judgment in favor of Defendants. Plaintiffs sued to recover property which they claim was wrongfully seized by employees of the Defendant. Defendants filed a request for admissions which included an admission that the property seized did not belong to Plaintiffs. Plaintiffs failed to timely respond and thus the admission was conclusively established. We affirm.
Henderson
Court of Appeals
Rick Roelke vs. William Hickerson W2000-00455-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Karen R. Williams
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.
Shelby
Court of Appeals
State vs. Michael Spadafina W1999-00268-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Julian P. Guinn
The Benton County Circuit Court dismissed Michael Joseph Spadafina's petition for post-conviction relief in which Spadafina raised a number of issues of trial error and ineffective assistance of trial counsel in his conviction of first degree murder. On appeal, the petitioner limited his issues to the ineffective assistance of counsel in not seeking an individual, sequestered voir dire of the jury and in not challenging the use of damaging character evidence. Because we conclude that the petitioner failed to carry his post-conviction burden to prove his claims by clear and convincing evidence, we affirm the dismissal of the post-conviction petition.
State vs. Jerry Michael Green E1999-01815-CCA-R9-RL
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Carroll L. Ross
The appellant, Jerry Michael Green, proceeded to trial in the Monroe County Criminal Court for possession of more than .5 grams of cocaine with intent to deliver. Due to the State's improper cross-examination of defense witnesses, the trial court granted the appellant a mistrial. The appellant made a motion in limine to preclude the State, on double jeopardy grounds, from retrying the appellant on possession of cocaine with intent to deliver. The trial court denied the appellant's motion, but granted the appellant permission to appeal its decision. This court granted an interlocutory appeal. In this interlocutory appeal, the appellant claims that double jeopardy bars a retrial because the prosecutor goaded the appellant into requesting a mistrial. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Monroe
Court of Criminal Appeals
State vs. Culbreath, et al W1999-01553-SC-R11-CD
Authoring Judge: Justice E. Riley Anderson
Trial Court Judge: L. Terry Lafferty
Shelby
Supreme Court
State vs. Clint T. Melton E1999-02090-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Ray L. Jenkins
Knox
Court of Criminal Appeals
State vs. Nicholas Williams M1999-00780-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Jim T. Hamilton
In 1998, the Giles County Grand Jury indicted the Defendant for one count of statutory rape and ten counts of sexual battery. In 1999, a Giles County jury tried the Defendant and found him guilty of one count of statutory rape and five counts of sexual battery. Following a hearing, the trial court sentenced the Defendant to two years incarceration for each conviction and ordered that five of the six sentences be served consecutively, resulting in an effective sentence of ten years. The Defendant now appeals as of right, arguing (1) that the evidence presented at trial was insufficient to support his convictions for sexual battery; (2) that the trial court erred by consolidating all counts for trial; and (3) that he was improperly sentenced. We conclude that the evidence is insufficient as to one count of sexual battery and thus reverse one of the Defendant's convictions for sexual battery. In addition, we conclude that the trial court erred by consolidating all counts for trial, but conclude that this error was harmless. Finally, following our reversal of the sexual battery conviction in case 8652, count one, with a two-year sentence, and a de novo review of the remaining sentences imposed by the trial court, we conclude that an effective sentence of eight years in the Tennessee Department of Corrections is appropriate.
Giles
Court of Criminal Appeals
State vs. John Charles Johnson M2000-00529-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: J. Randall Wyatt, Jr.
Defendant John Charles Johnson was convicted by a Davidson County jury of second degree murder, facilitation of aggravated kidnapping, and especially aggravated robbery. The trial court sentenced Defendant to twenty-five years for second degree murder, five years for facilitation of aggravated kidnapping, and twenty years for especially aggravated robbery. The trial court further ordered that Defendant's sentences for second degree murder and facilitation of aggravated kidnapping be served consecutive to each other and concurrent with Defendant's sentence for especially aggravated robbery, resulting in an effective sentence of thirty years. Defendant raises the following issues in this appeal: (1) whether the evidence was sufficient to support his three convictions; (2) whether the trial court erred in not granting Defendant's motion for judgment of acquittal on the ground that the testimony of a co-defendant was uncorroborated; (3) whether the trial court erred in not allowing Defendant to play a tape containing exculpatory statements; (4) whether the trial court erred by failing to charge the lesser-included offenses of voluntary manslaughter and facilitation to commit voluntary manslaughter; and (5) whether the length of the sentences imposed by the trial court were proper. Following a review of the record, we affirm the judgment of the trial court concerning Defendant's convictions and the lengths of Defendant's sentences. We reverse the trial court's order of consecutive sentencing and remand for a new hearing solely on the issue of concurrent or consecutive sentencing.
Davidson
Court of Criminal Appeals
State vs. Amelia Kay Stem M2000-00600-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Stella L. Hargrove
The appellant, Amelia Kay Stem, entered a plea of nolo contendere in the Lawrence County Circuit Court to one count of second degree murder. The trial court sentenced the appellant to twenty-five years incarceration in the Tennessee Department of Correction. The appellant raises the following issue(s) for our review: whether the trial court erred in sentencing the appellant by incorrectly applying enhancement factors, by failing to apply mitigating factors, and by neglecting to make specific findings of fact on the record. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Lawrence
Court of Criminal Appeals
State vs. Gregory Lynn Redden M2000-00761-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Donald P. Harris
The appellant, Gregory Lynn Redden, pled guilty in the Williamson County Circuit Court to one count of burglary, a class D felony. The trial court sentenced the appellant as a Range III persistent offender to eleven years incarceration in the Tennessee Department of Correction. The trial court further ordered the appellant to serve this sentence consecutively to the appellant's unserved sentences imposed in Greene County, Missouri, in the United States District Court in the Northern District of Ohio, and in Robertson County, Tennessee. The appellant raises the following issue for our review: whether the trial court erred in ordering the appellant to serve his sentence in this case consecutively to his other sentences. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Williamson
Court of Criminal Appeals
Joseph Whitwell vs. State M1999-02493-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Cheryl A. Blackburn
Petitioner, Joseph Whitwell, filed a Petition for Post-Conviction Relief in the Davidson County Criminal Court, which the post-conviction court subsequently denied. Petitioner challenges the denial of his petition, raising the following issue: whether the trial court erred in dismissing his Petition for Post-Conviction Relief, based upon a ruling that Petitioner's allegations of ineffective assistance of counsel were without merit. After a thorough review of the record, we find that the Petitioner did not receive the ineffective assistance of counsel. We therefore affirm the trial court's denial of the Petitioner's Petition for Post-Conviction Relief.
Davidson
Court of Criminal Appeals
State vs. Charles Swaffer M2000-00058-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: J. O. Bond
Defendant Charles E. Swaffer was convicted by a Macon County jury of one count of Class C theft of property over $10,000 and one count of Class D vandalism over $1,000. The trial court subsequently imposed concurrent sentences of five years and three years, with Defendant to serve one year of incarceration followed by supervised probation. Defendant challenges his convictions, raising the following issues: (1) whether the trial court erred when it failed to grant a motion for a mistrial; (2) whether the evidence was sufficient to support his convictions; and (3) whether the trial court erred in applying improper enhancing factors and rejecting his mitigating factors. The judgment of the trial court is affirmed.
State vs. Richard M. Far, Jr. M1999-01998-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: James K. Clayton, Jr.
Defendant, Richard M. Far, Jr., was convicted by a Rutherford County jury of Class D forgery of a document valued at more than $1,000. Subsequently, the trial court sentenced Defendant as a Range III persistent offender to ten (10) years to be served consecutively to Defendant's sentence in an arson case (F-45893). Defendant raises two issues on appeal: 1) whether the trial court erred in excluding Defendant from his trial and sentencing hearing and 2) whether the trial court properly considered the sentencing guidelines in sentencing Defendant. After a review of the record, we reverse the judgment of the trial court and remand this matter for a new trial.
Rutherford
Court of Criminal Appeals
Peltz vs. Peltz M1999-02299-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Russell Heldman
The issue on appeal is whether a notary was negligent when she attached her certificate to a forged signature on a deed. The Chancery Court of Williamson County held that she was not. We affirm.
Williamson
Court of Appeals
State vs. Robert Mallard M2000-00351-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: J. Steve Daniel
In a two count indictment, Defendant was charged in Rutherford County Circuit Court with attempting to tamper with or fabricate evidence, and with resisting arrest. Following a jury trial, he was convicted of both offenses. In this appeal, the Defendant argues that the trial court erred by denying his motion to suppress evidence and he further asserts that the evidence is insufficient to sustain the conviction for attempting to tamper with or fabricate evidence. After a review of the record and the applicable law, we affirm the judgments of the trial court.
Rutherford
Court of Criminal Appeals
State vs. Ernest E. Pride M2000-00319-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Seth W. Norman
The appellant, Ernest E. Pride, was convicted by a jury in the Davidson County Criminal Court of one count of tampering with evidence, a class C felony; one count of possession of less than .5 grams of cocaine with the intent to sell, a class C felony; one count of simple possession of marijuana, a class A misdemeanor; one count of criminal trespass, a class C misdemeanor; one count of resisting arrest, a class B misdemeanor; and one count of unlawful possession of drug paraphernalia, a class A misdemeanor. The trial court sentenced the appellant, as a Range II offender, to the following terms of incarceration in the Tennessee Department of Correction: eight years for the tampering with evidence conviction, eight years for the possession of cocaine with intent to sell conviction, eleven months and twenty-nine days for the possession of marijuana conviction, thirty days for the criminal trespass conviction, and six months for the resisting arrest conviction. Additionally, the trial court ordered the appellant to serve all of the sentences concurrently. The trial court entered a verdict of not guilty for the possession of drug paraphernalia. The appellant raises the following issues for our review: (1) whether the evidence contained in the record is sufficient to support a finding by a rational trier of fact that the appellant is guilty beyond a reasonable doubt of possession of less than .5 grams of cocaine with intent to sell and tampering with the evidence as charged in the indictment; and (2) whether the trial court imposed excessive sentences for the convictions of tampering with evidence and possession of less than .5 grams of cocaine with intent to sell. Based upon our review of the record and the parties' briefs, we affirm the judgment of the trial court.
Davidson
Court of Criminal Appeals
State vs. Andre L. Mayfield M1999-02415-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Seth W. Norman
In 1999, the Defendant was tried by a Davidson County jury and found guilty of aggravated robbery, aggravated rape, rape, and two counts of aggravated kidnapping for crimes perpetrated on two victims. Following a sentencing hearing, the trial court sentenced the Defendant to an effective sentence of fifty years. In this appeal as of right, the Defendant argues that (1) the trial court erred by failing to sever the offenses against one victim from those against the second victim; (2) the trial court erred by failing to admonish the jury not to view, listen to, or read any news coverage of the case during trial; (3) the trial court erred by failing to grant his two motions for a mistrial; (4) the evidence presented at trial was insufficient to support his convictions; (5) the trial court erred by allowing the State to introduce evidence of the age of one victim; (6) the trial court erred by allowing into evidence altered documents and by instructing the jury that the documents were altered to remove inadmissible evidence; (7) the trial court erred by allowing into evidence inadmissible hearsay statements; (8) the trial court erred by refusing to instruct the jury on lesser-included offenses requested by the defense; and (9) the trial court sentenced him improperly. Having thoroughly reviewed the record in this case, we affirm the judgment of the trial court, as modified to indicate that the Defendant was sentenced as a Range II Multiple Rapist for the rape conviction.
Davidson
Court of Criminal Appeals
James Dubose vs. State M2000-00478-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Donald P. Harris
The petitioner, James DuBose, was convicted by a jury in the Williamson County Circuit Court of one count of first degree felony murder with the underlying felony being aggravated child abuse. The trial court sentenced the petitioner to life imprisonment in the Tennessee Department of Correction. This court and the Tennessee Supreme Court affirmed the petitioner's conviction. The petitioner subsequently filed a petition for post-conviction relief. After a hearing, the post-conviction court denied the petitioner's request for relief. On appeal, the petitioner raises the following issues for our review: (1) whether the State engaged in prosecutorial misconduct during the course of the petitioner's trial; (2) whether petitioner's trial counsel provided ineffective assistance of counsel; (3) whether the trial court erred in failing to give curative jury instructions; and (4) whether the petitioner was charged pursuant to a faulty indictment. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.
