The defendant was convicted of driving under the influence, second offense, and received a sentence of eleven months and twenty-nine days. The defendant was ordered to serve forty-five days in continuous confinement and five days on the weekends, with the remainder of his sentence to be served on probation. In this appeal as of right, the defendant makes the following allegations of error: (1) the trial court used an invalid judgment to elevate his DUI charge to a DUI second; (2) the trial court's initial denial of an appeal bond violated the Double Jeopardy Clause of the United States and Tennessee Constitutions; and (3) the trial court incorrectly concluded it was not authorized to grant work release or periodic confinement during the defendant's mandatory minimum period of incarceration for DUI. After a thorough review of the record, we conclude the trial court did not commit the above errors and affirm the defendant's conviction and sentence.
This is a case involving two defendants: O'Connor, the mother's friend, was convicted of Aggravated Child Abuse through injury and Aggravated Child Abuse through neglect. Lekin, the mother, was convicted of Aggravated Child Abuse through neglect. We affirm the conviction of Aggravated Child Abuse through injury, as we hold that a four-year-old who received a skull fracture, epidural bleeding, swelling and bruising around the eyes and face, and the pain associated with said injuries has sustained "serious bodily injury." Further, we find sufficient evidence to support both convictions for Aggravated Child Abuse through neglect. Finally, we reject the arguments that the state was required to elect a specific "serious bodily injury" and that Aggravated Child Abuse through neglect is not an offense in Tennessee.
I must respectfully dissent because, while I agree that the appellant’s confession to the police should have been suppressed, I do not believe that the trial court’s admission of the confession at trial constituted reversible error.
Defendant appeals his jury convictions on two counts of premeditated first degree murder for which he received concurrent life sentences. The following issues are presented for our review: (1) whether the evidence was sufficient to support the convictions; (2) whether the trial court erred in disallowing impeachment evidence against a state witness; (3) whether the trial court erroneously admitted evidence of defendant being a beneficiary of life insurance policies on one of the victims; (4) whether the trial court erroneously admitted inflammatory evidence relating to the crime scene; (5) whether the trial court erred in allowing evidence of alleged threats made by the defendant; (6) whether the trial court erred in allowing evidence of a prior argument between the defendant and one of the victims; and (7) whether the trial court erred in disallowing evidence of defendant's failure to flee and avoid arrest. We affirm the judgments of the trial court.
The appellant, Phillip Shead Jr., appeals from the order of the Madison County Circuit Court revoking his probation and reinstating his original eight year sentence in the Department of Correction. We affirm the judgment of the trial court pursuant to Rule 20, Tenn. Ct. Crim. App. R
State vs. Dyron H. Yokley M1999-00290-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Robert L. Jones
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
Lawrence
Court of Criminal Appeals
State vs. Douglas Canady M1999-02135-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Timothy L. Easter
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.
Hickman
Court of Criminal Appeals
State vs. George O. Mears M1999-01229-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Don Ash
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.
Cannon
Court of Criminal Appeals
State vs. Damon Theodore Marsh M1999-01879-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: W. Charles Lee
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.
Bedford
Court of Criminal Appeals
State vs. Michael A. Janosky M1999-02574-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Cheryl A. Blackburn
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.
Davidson
Court of Criminal Appeals
S.E.A., Inc. vs. Southside Leasing Company and Moss W. Yater E2000-00631-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Trial Court Judge: John F. Weaver
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.
Knox
Court of Appeals
State vs. Richard Allan Frye E1999-01564-CCA-R9-RL
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Phyllis H. Miller
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.
Sullivan
Court of Criminal Appeals
State vs. Joy A. Stinson E1999-02082-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: James B. Scott, Jr.
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.
Anderson
Court of Criminal Appeals
State vs. Raymond Jackson Collins E1999-00233-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: R. Jerry Beck
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.
Sullivan
Court of Criminal Appeals
Barry Robinson v. Donald Brooks M2003-00185-COA-R3-CV
Authoring Judge: Judge William B. Cain
Trial Court Judge: Ellen Hobbs Lyle
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.
Davidson
Court of Appeals
State vs. Chris Wilson a/k/a Calvin Clark M1998-00395-CCA-R3-CD
Authoring Judge: Judge David G. Hayes
Trial Court Judge: John H. Gasaway, III
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.
Montgomery
Court of Criminal Appeals
Dudley vs. Dudley M1998-00982-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Carol A. Catalano
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.
Montgomery
Court of Appeals
Turner vs. Turner M1999-00482-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Marietta M. Shipley
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.
Davidson
Court of Appeals
Turner vs. Turner M1999-00482-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Trial Court Judge: Marietta M. Shipley
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.
Davidson
Court of Appeals
Lassiter vs. Lassiter M1999-00374-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Trial Court Judge: Carol A. Catalano
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.
Robertson
Court of Appeals
State Dept. of Children's Svcs. vs. L.S., In the Matter of D.S. M1999-00847-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: John J. Maddux
The Trial Court removed minor child from the parental home on grounds child was dependent and neglected. We affirm.
Pickett
Court of Appeals
Franklin Nat'l Bank vs. Prowell M2000-00580-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Jeffrey S. Bivins
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.
Williamson
Court of Appeals
Moss vs. TN Board of Paroles M2000-00128-COA-R3-CV
Authoring Judge: Presiding Judge Herschel P. Franks
Trial Court Judge: Ellen Hobbs Lyle
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.
