State of Tennessee v. James Earl Pinchon, Jr.
In 2008, the Defendant pled guilty to introduction of contraband into a penal institution, and the trial court sentenced him to serve four years and nine months in the Tennessee Department of Correction. The Defendant now appeals his sentence claiming that the trial court erroneously denied his request for alternative sentencing. After a thorough review of the record and the applicable law, we conclude that the trial court properly sentenced the Defendant. |
Coffee | Court of Criminal Appeals | |
Coleman Management, Inc v. David Meyer, James W. Rayner, Richard D. Baker, Rose McKee, and NCF Associates
This is an action to recover a real estate commission. The defendants are the general partners of a partnership that owned a single asset, an apartment complex. In 1992, the partnership filed a reorganization petition in bankruptcy. The partnership hired the plaintiff real estate agency to sell the apartment complex while it was in bankruptcy. After a hearing to establish the value of the property, the bankruptcy court permitted the partnership to buy back the property for $9.8 million. Soon after the bankruptcy plan was confirmed, however, the partnership, through the plaintiff real estate agency, contracted to sell the property to a third party for $12.5 million. Upon discovering this, the bankruptcy court permitted the sale to the third party to take place for $12.5 million, but it ordered that the excess proceeds of the sale be placed in escrow. When the escrow funds were released, the plaintiff real estate agency did not receive its commission on the sale of the property. Consequently, the real estate agency filed this lawsuit against the general partners to recover its commission. The defendants filed a motion to dismiss based on the statute of limitations and on the equitable doctrine of “unclean hands.” The trial court denied the motion and awarded the plaintiff real estate agency the commission sought plus prejudgment interest. The defendants now appeal. We affirm, finding that the lawsuit was timely filed, that the trial court did not err in declining to apply the unclean hands doctrine, and that the trial court did not abuse its discretion in awarding prejudgment interest. |
Shelby | Court of Appeals | |
Edward P. Porter v. State of Tennessee
The petitioner, Edward P. Porter, appeals the Davidson County Criminal Court’s summary dismissal of his petition for writ of error coram nobis. The petitioner pled guilty in 1998 to possession with intent to sell over .5 grams of cocaine, a Class B felony, and was sentenced to eight years in the Department of Correction. In 2007, the petitioner filed the instant petition, alleging that he was being restrained by an illegal sentence. The trial court summarily dismissed the petition because it was filed outside the statute of limitations and because it failed to state a cognizable claim. On appeal, the petitioner contends that the court erred in determining that the petition was time-barred, asserting that the one-year statute of limitations is not applicable and that his assertion of an illegal sentence in violation of Tennessee Rule of Criminal Procedure 32 relief. Following review of the record, we find no error and affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Richard F. Stroud
The Defendant, Richard F. Stroud, was indicted on one count of driving under the influence, first offense, a Class A misdemeanor. After a motion to suppress was heard and denied, the Defendant entered a guilty plea. In the negotiated plea agreement, the parties purported to reserve a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2). After review, we conclude that the Defendant has failed to comply with the strict requirements of Tennessee Rule of Criminal Procedure 37(b)(2). The appeal is dismissed. |
Williamson | Court of Criminal Appeals | |
Frank Lee Tate v. State of Tennessee
The petitioner, Frank Lee Tate, appeals the Circuit Court for Fayette County’s dismissal of his pro se petition for post-conviction relief from his convictions for aggravated rape, a Class A felony, and incest, a Class C felony. He received concurrent sentences of sixty years for aggravated rape and fifteen years for incest. The trial court dismissed his petition without appointing counsel and without holding a hearing. On appeal, the petitioner lists over thirty claims. We affirm the dismissal of the petition for post-conviction relief. |
Fayette | Court of Criminal Appeals | |
Daniel Sanders v. Henry County, Tennessee
This appeal involves a statutory retaliatory discharge claim pursuant to Tennessee Code Annotated section 50-1-304. The trial court granted summary judgment to the employer, finding that the employee failed to establish that he had refused to participate in or remain silent about “illegal activities,” within the meaning of the statute. The employee appeals. We affirm. |
Henry | Court of Appeals | |
Stephanie Bryant v. Henry Klein
Personal injury plaintiffs filed suit against defendant motorist, who died prior to the filing of the suit, for injuries sustained in an automobile accident. By special appearance, the deceased tortfeasor’s estate filed a motion to dismiss on the grounds that plaintiffs had not properly instituted the action against the decedent in accordance with Tenn. Code Ann. § 20-5-103 prior to the expiration of the statute of limitations. The trial court denied the motion, but granted the estate a direct appeal to this Court. Finding error in the judgment below, we reverse and remand the case. |
Sumner | Court of Appeals | |
Daniel E. Gremillion, M.D. v. Nashville Gastrointestenal Specialists, Inc.
This appeal involves a dispute over the interpretation of a buy-out provision. One of the four physicians in a medical practice retired and requested a repurchase of his stock. The physicians had previously adopted a formula for the valuation of stock in such situations, but when it came time to apply the agreement, they could not agree as to the meaning of several phrases within the agreement. The trial court heard testimony regarding the parties’ intentions as to the agreement and testimony from two accountants regarding their interpretations of the agreement. After interpreting the various phrases of the agreement, the trial court valued the physician’s stock and awarded prejudgment interest at the rate of ten percent since the date of the physician’s retirement. We reverse the trial court’s ruling as to the meaning of the agreement and affirm the trial court’s judgment as modified. |
Davidson | Court of Appeals | |
State of Tennessee v. Jeffrey Scott
The defendant, Jeffrey Scott, was convicted by a Shelby County jury of two counts of aggravated robbery, a Class B felony; conspiracy to commit aggravated robbery, a Class C felony; and conspiracy to commit robbery and attempted robbery, both Class D felonies. He was sentenced by the trial court to concurrent terms of ten years for the aggravated robbery convictions, three years for the conspiracy to commit aggravated robbery conviction, and two years each for the conspiracy to commit robbery and attempted robbery convictions. In a timely appeal to this court, the defendant challenges the sufficiency of the convicting evidence and argues that the trial court erred indenying his motion to suppress his statement to police and in limiting defense counsel’s cross-examination of a witness. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Solon Atwell Brown v. State of Tennessee
The petitioner, Solon Atwell Brown, appeals the Shelby County Criminal Court’s summary dismissal of his petition for post-conviction relief as time-barred. The State has filed a motion requesting that this court affirm the post-conviction court’s dismissal pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Because the petitioner has failed to establish that the petition was timely filed or that a recognized exception to the rule applies, we grant the State’s motion and affirm the judgment from the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Oliver J. Higgins v. State of Tennessee
The Petitioner, Oliver J. Higgins, appeals the trial court’s denial of his petition for postconviction 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. We conclude that the State’s motion is meritorious. Accordingly, we grant the State’s motion and affirm the judgment of the lower court. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. John Fred Howard
The defendant, John Fred Howard, was convicted of first degree premeditated murder by a Shelby County jury and subsequently sentenced to a term of life imprisonment. On appeal, he has raised eight issues for our review: (1) whether the evidence at trial was sufficient to support the verdict, specifically the jury’s rejection of his claim of self-defense and the element of premeditation; (2) whether the trial court erred in refusing to sequester the jury; (3) whether the trial court erred in failing to suppress graphic photographs of the deceased; (4) whether the trial court erred in admitting test results from two blood samples which the defendant did not get until the second day of trial; (5) whether the trial court erred in admitting certain evidence without the establishment of a valid chain of custody; (6) whether the trial court erred in allowing witness testimony which was highly prejudicial to the defendant; (7) whether the trial court erred by refusing to allow defense counsel to publish certain exhibits to the jury immediately after they were admitted, which minimized their impeachment value and violated the defendant’s right of cross-examination; and (8) whether the cumulative error at trial demands a reversal in the case. Following review of the record, we find no reversible error and affirm the judgment of conviction. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Ford
The appellant, Kenneth Ford, was convicted by a jury in the Madison County Circuit Court of three counts of aggravated assault and one count of reckless endangerment. Following the verdict, the trial court sentenced the appellant to a total effective sentence of twenty-two years in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court’s imposition of consecutive sentencing. Upon our review of the record and the parties’ briefs, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Neil Thompson
The defendant, Neil Thompson, was convicted by a Shelby County Criminal Court jury of robbery and sentenced to three years, suspended after service of six months, followed by three years of probation. He appeals, arguing: (1) the trial court erred in failing to grant a mistrial due to a tainted jury, (2) the trial court erred in admitting a copy of the victim’s telephone records into evidence, (3) the evidence is insufficient to sustain his conviction, (4) the trial court imposed an excessive sentence, and (5) he is entitled to relief due to cumulative error. After our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Kevin Lawrence v. State of Tennessee
The petitioner, Kevin Lawrence, was convicted of felony murder and was sentenced to life with the possibility of parole. Subsequently, the petitioner filed a petition for post-conviction relief, alleging that his trial counsel were ineffective. The post-conviction court found that the petitioner’s counsel were not ineffective and denied the petition. On appeal, the petitioner challenges the court’s ruling. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Maurice Nash v. State of Tennessee
The petitioner, Maurice Nash, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he received effective assistance of trial counsel. Following our review, we affirm the denial of the petition. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Wiled McMillian
The appellant, Wiled McMillian,1 pled guilty in the Dyer County Circuit Court to one count of the sale of .5 grams or more of cocaine, and he received a sentence of ten years in the Tennessee Department of Correction. Thereafter, the appellant filed a motion to withdraw his guilty plea. The trial court denied the motion. On appeal, the appellant challenges the ruling of the trial court. Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Zendall Edward Campbell
Appellant, Zendall Edward Campbell, was indicted by the Campbell County Grand Jury for one count of first degree murder and one count of aggravated assault. After a jury trial, Appellant was found guilty of second degree murder and aggravated assault. Appellant was sentenced to an effective sentence of twenty years. On appeal, Appellant complains that: (1) the trial court improperly denied Appellant the opportunity to admit the statements he gave to police immediately following the incident and after his arrest; (2) the trial court erred by failing to include reckless endangerment as a lesser included offense of aggravated assault; and (3) the evidence was insufficient to support a conviction for second degree murder. After a review of the record, we determine that the trial court properly excluded Appellant’s statements, instructed the jury properly on the lesser included offenses of aggravated assault, and the evidence was sufficient to support the second degree murder conviction. Accordingly, the judgment of the trial court is affirmed. |
Campbell | Court of Criminal Appeals | |
Richard V. Fuller, et al. v. John Dennie Crabtree, Jr., M.D.
A doctor who earlier submitted an affidavit in this medical malpractice action and who also participated in the peer review process at the defendant doctor’s hospital entered an appearance as plaintiffs’ counsel. The trial court declined the defendant doctor’s request to have the physician/attorney disqualified as plaintiffs’ counsel. After considering the issue on interlocutory appeal, we reverse and find that the physician/attorney is disqualified and may not represent plaintiffs. |
Coffee | Court of Appeals | |
Jerry Jerome Primm v. State of Tennessee
A Davidson County jury convicted the Petitioner, Jerry Jerome Primm, of first degree felony murder, second-degree murder, and especially aggravated kidnapping. The trial court merged the second degree murder conviction with the felony murder conviction and ordered the Petitioner to serve a life sentence at one hundred percent as a violent offender. For his especially aggravated kidnapping conviction, the trial court sentenced the Petitioner to serve a twenty-year sentence consecutive to his life sentence. On direct appeal, this Court affirmed the Petitioner’s convictions and sentences. The Petitioner then filed a post-conviction petition claiming he received the ineffective assistance of counsel at his trial. The post-conviction court denied relief, and the Petitioner now appeals claiming the post-conviction court erred when it dismissed his petition. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Mullandric Webb
The defendant, Mullandric Webb, was convicted by a Shelby County jury of two counts of robbery, Class C felonies, two counts of aggravated robbery, Class B felonies, and one count of intentionally evading arrest, a Class D felony. After merger of the robbery and aggravated robbery convictions, the defendant was sentenced as a Range I offender to twelve years to be served in the Tennessee Department of Correction concurrently with a four year sentence for intentionally evading arrest. On appeal, the defendant raises the following issues: (1) whether the trial court erred in denying the defendant’s motion to suppress his statement; (2) whether the evidence sufficient to sustain his convictions; and (3) whether the trial court imposed an excessive sentence. After a thorough review of the record, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. David F. Henning
The defendant, David F. Henning, appeals the order of the Dyer County Circuit Court revoking his probation. The defendant pled guilty to aggravated assault, a Class C felony, and received a three-year sentence, suspended to supervised probation except for ninety days to be served in the county jail. Subsequently, a probation violation warrant was filed, alleging numerous violations of the terms of the defendant’s probation. Following a hearing, his probation was revoked, and he was ordered to serve the balance of his sentence in the Department of Correction. On appeal, the defendant argues that the trial court abused it discretion when it found that he had violated the terms of his probation. Finding no abuse of discretion, the judgment of the trial court is affirmed. |
Dyer | Court of Criminal Appeals | |
Jon Lee Fields v. State of Tennessee
On March 28, 2007, the petitioner pled guilty in the Tipton County Circuit Court to initiation of the manufacture of methamphetamine and was sentenced to twelve years to be served concurrently with a sentence imposed in Lauderdale County. On July 9, 2007, he filed a petition for post-conviction relief, claiming that he had not been afforded a hearing on his request for alternative sentencing, as he was told he would have. Following an evidentiary hearing, the post-conviction court found that the petition was without merit. After our review, we affirm the dismissal of the petition. |
Tipton | Court of Criminal Appeals | |
Jason Settles v. State of Tennessee
The petitioner, Jason Settles,1 pled guilty in the Shelby County Criminal Court to attempted first degree murder, aggravated burglary, aggravated robbery, and two counts of aggravated assault. He received a total effective sentence of 13.5 years in the Tennessee Department of Correction. Subsequently, he filed a petition for post-conviction relief which the post-conviction court summarily dismissed for failure to state a claim upon which post-conviction relief could be granted. After the petition was dismissed, the petitioner filed a “Motion for Reconsideration to Re-Open Post Conviction Petition.” The post-conviction court denied the motion. On appeal, the petitioner challenges the dismissal of both his original petition and his motion to amend or reopen his postconviction petition. Upon our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Allen Jean Stephens v. State of Tennessee
The Petitioner, Allen Jean Stephens, 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. We conclude that the State’s motion is meritorious. Accordingly, we grant the State’s motion and affirm the judgment of the lower court. |
Lauderdale | Court of Criminal Appeals |