General Motors Corporation v. Weisley Frazier, et al.
This workers’ compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for a hearing and a report of findings of fact and conclusions of law. Employee injured his back and knees at work. While he was receiving medical treatment, Employee offered a special retirement incentive package to decrease its workforce. Employee chose to accept this plan and retired while he was still receiving medical treatment. At trial, he contended that he was permanently and totally disabled. The trial court found that he was not permanently and totally disabled. The trial court also found that Employee’s recovery was limited to one and one-half times his anatomical impairment. Employee has appealed, and on appeal, Employee asserts that the trial court erred in finding that he was not permanently and totally disabled. In the alternative, he asserts that the trial court erred in applying the one and one-half times “cap.” We affirm the judgment. |
Cannon | Workers Compensation Panel | |
Gregory D. McDaniel v. State of Tennessee
The petitioner appeals the summary dismissal of his petition for post-conviction relief. The petitioner asserts that he received ineffective assistance of counsel at his probation revocation proceedings. Upon review of the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Donald Bradley Williams
The defendant, Donald Bradley Williams, pled guilty to one count of evading arrest while operating a motor vehicle, a Class E felony, and one count of joyriding, a Class A misdemeanor. The parties agreed to a six year sentence on the felony evading arrest conviction and an eleven month and twenty-nine day sentence on the joyriding conviction, to be served concurrently. At sentencing the trial court found that the sentences should be served consecutively to a previous sentence for which he was incarcerated. The defendant challenges the consecutive sentencing in this appeal. After reviewing the record, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jason Malone and Harold Robinson
Defendants Jason Malone and Harold Robinson, along with co-Defendant Johnny Miller, were indicted and tried jointly for aggravated robbery and aggravated burglary. Defendant Miller’s case is not part of this appeal. Following the jury trial, Defendant Malone was found guilty of aggravated robbery, a Class B felony, in count one of the indictment, and the lesser included offense of criminal trespass, a Class C misdemeanor, in count two. Defendant Robinson was found guilty of aggravated robbery in count one, and not guilty of aggravated burglary in count two. The trial court sentenced Defendant Malone as a Range II, multiple offender, to nineteen years for his aggravated robbery conviction, and to a concurrent sentence of thirty days for his criminal trespass conviction. The trial court sentenced Defendant Robinson to sixteen years for his aggravated robbery conviction. In their appeal, Defendant Malone and Defendant Robinson challenge the sufficiency of the convicting evidence. After a thorough review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Thomas Dewayne Moffatt
This appeal involves the question of whether a passenger in a car may be subjected to a pat-down search following a traffic stop if officers suspect the presence of a weapon. The appellee, Thomas Dewayne Moffatt, was indicted by an Obion County grand jury for possession of more than .5 grams of Schedule II cocaine with intent to sell or deliver within 1000 feet of a park (a Class B felony) and tampering with evidence (a Class C felony). He was the passenger in a car which was stopped for a traffic violation, and officers testified that, based upon their belief that a weapon was present, both the driver and the passenger were asked to exit the vehicle with the intent to conduct a pat-down search for weapons. The appellee filed a motion to suppress the evidence seized, the drugs, asserting that the officers did not have reasonable suspicion or probable cause to search him. After hearing testimony at the motion to suppress hearing, the Obion County Circuit Court, relying upon Johnson v. State, 601 S.W.2d 326 (Tenn. Crim. App. 1980), concluded that “there was nothing amiss” and that the officers were not entitled to conduct the pat-down search. Because the State was unable to prosecute the case without the suppressed evidence, the charges against the appellee were dismissed. The State now appeals the denial of the motion to suppress. Following review of the record, we conclude that the trial court erred in granting the motion as the evidence presented preponderates against the court’s findings. As such, we reverse the court’s decision granting the motion, and the case is remanded to the trial court for further action consistent with this opinion. |
Obion | Court of Criminal Appeals | |
William C. Brothers v. State of Tennessee
The petitioner, William C. Brothers, filed a petition for habeas corpus relief in the Circuit Court for Lauderdale County (hereinafter “habeas corpus court”) seeking relief from his two convictions for aggravated sexual battery. The habeas corpus court dismissed the petition, and the petitioner now appeals. Upon our review of the record and the parties’ briefs, we reverse the dismissal of the petition and remand with instructions for the habeas corpus court to transfer the case to the convicting court for correction of the judgments to reflect that the petitioner is required to provide a specimen for DNA analysis in compliance with Tennessee Code Annotated section 40-35-321. |
Lauderdale | Court of Criminal Appeals | |
Brandon McCaslin v. State of Tennessee
Petitioner, Brandon McCaslin, appeals the dismissal of his petition for post-conviction relief in which he alleged that his trial counsel rendered ineffective assistance of counsel at trial and on appeal. Specifically, Petitioner contends that trial counsel was ineffective because he failed (1) to challenge certain prospective jurors during voir dire; (2) to object to the State’s admission of evidence that Petitioner had a prior conviction for the unauthorized use of a vehicle; (3) to request the trial court to instruct the jury on the use of impeachment evidence; and (4) to preserve and raise issues on appeal other than the sufficiency of the convicting evidence. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance and affirm the judgment of the post-conviction court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Marvin Senathan Hall, Jr.
The defendant, Marvin Senathan Hall, Jr., was convicted by a Tipton County Circuit Court jury of reckless aggravated assault, reckless endangerment with a deadly weapon, and felon in possession of a handgun and sentenced as a multiple offender to four years in the Department of Correction. On appeal, he argues that (1) the trial court erred in allowing evidence of his prior felony conviction to be presented to the jury when he offered to stipulate to such, and (2) the evidence was insufficient to support his convictions. After review, we affirm the judgments of the trial court. |
Tipton | Court of Criminal Appeals | |
Albert F. Kelly v. State of Tennessee
The petitioner, Albert F. Kelly, proceeding pro se, presents a Rule 3 appeal from the Shelby County Criminal Court’s summary denial of his motion to reopen his post-conviction petition. In his motion to reopen, the petitioner asserted a new rule of constitutional law and relied upon Apprendi v. New Jersey, 530 U.S. 466, 120 S. Ct. 2348 (2000); Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004); Cunningham v. California, 549 U.S. 270, 127 S. Ct. 856 (2007); and State v. Gomez, 239 S.W.3d 733 (2007) (“Gomez II”), to support his argument that he is entitled to have his sentence reduced to the minimum within the range, as the trial court, not the jury, found applicable enhancement factors. The post-conviction court summarily denied the petition, finding that the petitioner had failed to assert a valid statutory basis for a motion to reopen a post-conviction petition. Following the denial, the petitioner filed a Rule 3 notice of appeal in the Shelby County Criminal Court. Because the petitioner has failed to comply with the statutory requirements for appealing the denial of a motion to reopen, this court is without jurisdiction to review the merits of the issue presented. Accordingly, the appeal is dismissed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Dan Maturen
The defendant, Dan Maturen, appeals the order of the Shelby County Criminal Court revoking his probation. The defendant, pursuant to a negotiated plea agreement, pled guilty to aggravated burglary, a Class C felony, and received a four-year suspended sentence. Subsequently, a probation violation warrant was filed alleging that the defendant had violated the terms and conditions of his probation. Following a hearing, his probation was revoked, and he was ordered to serve the balance of his sentence. On appeal, although conceding that he violated the conditions of probation, the defendant argues that the State’s interests in punishment, deterrence, and insuring restitution to victims would be best served by reinstating his probation. Finding no abuse of discretion in the revocation, the judgment of the trial court is affirmed |
Shelby | Court of Criminal Appeals | |
Karl Tartt v. City of Lavergne, et al.
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Tennessee Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) (2008) for a hearing and a report of findings of fact and conclusions of law. After sustaining injuries to his head and leg in a work-related motor vehicle accident, the employee filed suit seeking workers’ compensation benefits in the Chancery Court for Rutherford County. Following a bench trial, the trial court awarded the employee a 14% permanent partial disability to the leg and an additional 2% to the body as a whole due to chronic headaches. The employer has appealed, contending that the trial court erred in awarding benefits for the headaches. We disagree and affirm the judgment. |
Rutherford | Workers Compensation Panel | |
Thomas E. Kotewa v. State of Tennessee
The petitioner, Thomas Edward Kotewa, appeals the denial of his petition for post-conviction relief. He pled guilty to second degree murder and received an agreed-upon sentence of fifteen years as a Range I, violent offender. On appeal, he contends that: he received ineffective assistance of counsel; his guilty plea was not entered knowingly and voluntarily; the post-conviction court erred by failing to enter specific factual findings or legal conclusions; and Supreme Court Rule 28 was violated by both the State and the post-conviction court. After careful review, we affirm the judgment from the post-conviction court. |
Anderson | Court of Criminal Appeals | |
Rachel Sumner, et al v. Metropolitan Board of Public Health
Petitioners challenge a mosquito spraying plan adopted by a local board of health alleging that it violates an ordinance on the same subject. Dismissal by the trial court is affirmed since there is no conflict between the plan and ordinance and petitioners fail to allege a legally cognizable ground to challenge the plan since dissatisfaction with the plan is not sufficient. |
Davidson | Court of Appeals | |
Jasper D. Lewis v. State of Tennessee
The Appellant, Jasper D. Lewis, appeals the trial court's dismissal of his petition for habeas corpus relief. The Appellant fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
Apollo Hair Systems of Nashville v. Micromode Medical
Plaintiff filed suit against two defendants, and the trial court granted summary judgment in favor of one of the defendants. Plaintiff filed a notice of appeal to this Court. However, we find that this Court lacks jurisdiction to hear the appeal because the order appealed from is not a final judgment. Therefore, we dismiss the appeal and remand the case to the trial court. |
Davidson | Court of Appeals | |
Dennis Wayne Merriweather v. State of Tennessee
Appellant, Dennis Wayne Merriweather, filed a petition for the writ of habeas corpus in which he alleged that his fifteen year sentence for selling controlled substances within 1,000 feet of a school renders the judgment imposed as a result of his guilty plea void because the judgment provides the sentence is to be served at 100%. Because we find the judgment is not void, we hold the habeas court properly dismissed the habeas corpus petition. Accordingly, the judgment of the lower courtis affirmed. |
Hickman | Court of Criminal Appeals | |
Drexel Chemical Company, Inc. v. Gerald McDill
This breach of contract action arises from the parties’ employment agreement. Employer agreed to pay Employee $10,000.00 to relocate to the city where Employer’s plant was located. Employee moved to the local area without his family and Employer paid him $10,000.00. After Employee terminated his employment, Employer sued to recover the $10,000.00 because it claims that Employee failed to satisfy the relocation requirement because he did not move his family with him to the local area. The trial court held that Employee satisfied the relocation requirement. We affirm. |
Shelby | Court of Appeals | |
Connie Erdman v. Saturn Corporation
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. On appeal, Employee contends that the trial court erred in two ways: first, in finding that Employee’s permanent partial disability award should be capped at one and one-half times her medical impairment rating; and second, in finding that Employee is not entitled to reconsideration of a prior injury to her left shoulder. Because the evidence does not preponderate against the findings, we affirm the judgment of the trial court. |
Maury | Workers Compensation Panel | |
State of Tennessee v. Phyllis Ann Amos
Defendant, Phyllis Ann Amos, entered pleas of guilty to possession of marijuana, a Class E felony; possession of 0.5 grams or more of cocaine, a Class B felony; maintaining a dwelling where controlled substances are kept or sold, a Class D felony; possession of drug paraphernalia, a Class A misdemeanor; and felony possession of dihydrocodone, a Class D felony. In accordance with the negotiated plea agreement, Defendant accepted concurrent sentences of eleven months, twenty-nine days for her misdemeanor conviction, one year for her Class E felony conviction, two years for each Class D felony conviction, and ten years for her Class B felony conviction. The felony sentences are as a Range I, standard offender. Following a sentencing hearing, the trial court imposed the agreed upon sentences and ordered Defendant to serve her sentences in confinement. On appeal, Defendant argues that the trial court erred in refusing to grant alternative sentencing. After a thorough review of the record, the judgments of the trial court are affirmed. |
Sullivan | Court of Criminal Appeals | |
Ronald Fielding v. State of Tennessee
The petitioner, Ronald Fielding, appeals as of right the Davidson County Criminal Court’s denial of his petition for post-conviction relief challenging his convictions for three counts of rape of a child, two counts of aggravated sexual battery and one count of rape for which he received an effective fifty-year sentence to be served in the custody of the Department of Correction. On appeal, he alleges that his guilty plea was involuntary and that both trial and appellate counsel were ineffective. Following our review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Ronald Fielding v. State of Tennessee - Dissenting
I respectfully dissent. I concur with the analysis in the majority opinion, as far as it goes. I am concerned, though, with the trial court’s ruling that the Petitioner’s claims against trial counsel had been previously determined. I conclude that the record reflects that the Petitioner did not receive a full and fair hearing regarding trial counsel’s representation. I believe the case should be remanded to allow such a hearing on that issue. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Dwight Woodlee
he defendant, Dwight Woodlee, appeals as of right his guilty plea convictions for vandalism and civil rights intimidation, both Class D felonies, for which the trial court imposed concurrent four-year sentences to be served on probation. He contends that the trial court erred in denying his application for judicial diversion. Following our review, we affirm the judgment of the trial court. |
Warren | Court of Criminal Appeals | |
Wesley Roberts v. William D. Vaughn
This appeal involves the doctrine of res judicata. The plaintiff and the defendant had several business dealings, including loans, a marketing consultant agreement, and a lease agreement. The plaintiff filed a lawsuit against the defendant in general sessions court to recover monies allegedly owed under the marketing consultant agreement. The defendant failed to answer or appear. The general sessions court entered a default judgment in favor of the plaintiff. The plaintiff then filed the instant lawsuit against the same defendant in circuit court. |
Madison | Court of Appeals | |
Ronnie Bradfield v. Tony Parker, Warden
The petitioner, Ronnie Bradfield, appeals the Lauderdale County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the lower court’s denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Because the petitioner has failed to establish that his conviction is void or his sentence illegal, we conclude that the State’s motion is well-taken. Accordingly, we affirm the lower court’s summary dismissal of the petition. |
Lauderdale | Court of Criminal Appeals | |
Oliver J. Higgins v. State of Tennessee
The petitioner, Oliver J. Higgins, appeals the dismissal of his petition for post-conviction relief as time-barred, arguing that the post-conviction court erred by summarily dismissing the petition without holding an evidentiary hearing or making adequate findings of fact and conclusions of law. The State has responded with a motion that we affirm the summary dismissal pursuant to Rule 20, Rules of the Court of Criminal Appeals. Because the petitioner filed his petition well outside the statute of limitations and has not shown any reason why the limitations period should be tolled, we affirm the summary dismissal of the petition. |
Hardin | Court of Criminal Appeals |