Earl A. Crow, III v. Daniel R. LeDoux, et al.
Earl A. Crow, III, brought this action against his landlords, Daniel R. LeDoux and wife, Katherine Marie LeDoux (collectively "the defendants"), for injuries sustained by him in a fall caused by an allegedly defective heating grill in his apartment. The defendants filed a motion for summary judgment, arguing, inter alia, that the plaintiff's knowledge of the condition of the grill was at least co-extensive with that of the defendants, and that, as a consequence of this fact, no liability attached. The trial court agreed and granted the defendants' motion. The plaintiff appeals. We vacate the trial court's grant of summary judgment and remand for further proceedings. |
Anderson | Court of Appeals | |
William Brown v. State of Tennessee
The petitioner, William Brown, appeals the trial court's denial of his petition for post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel. After reviewing the record, we affirm the dismissal of the petition for post-conviction relief. |
Williamson | Court of Criminal Appeals | |
Roger M. Ralph, et al. v. Robert Pipkin, et al.
Plaintiffs in this action, Roger Ralph and Kem Ralph, were sued in federal court for patent infringement and breach of contract. Their farmer’s liability insurance carrier, Grange Mutual, denied coverage and refused to defend. Plaintiffs filed a complaint in the Lauderdale County Chancery Court against Grange Mutual seeking a declaratory judgment, a judgment for breach of contract, and specific performance. They also filed a complaint for professional negligence and breach of contract against their insurance agent, Pipkin Insurance Agency/Mr. Robert Pipkin. The trial court granted Grange Mutual’s motion to dismiss and awarded the Pipkin Insurance Agency/Mr. Pipkin summary judgment. We affirm. |
Lauderdale | Court of Appeals | |
State of Tennessee v. Steve Brian Hannah
The appellant, Steve Brian Hannah, pled guilty in the Blount County Circuit Court to one count of theft of property over $10,000, three counts of theft of property over $1,000, and one count of possession of marijuana with intent to resell. Pursuant to the plea agreement, the appellant received an effective five-year sentence with the manner of service to be determined by the trial court. After a sentencing hearing, the trial court ordered the appellant to serve one year in confinement and the remainder of his sentence on community corrections. On appeal, the appellant claims the trial court erred by refusing to grant his request for full probation. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court but remand for entry of corrected judgments as to the thefts. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. David James Wiley
The appellant, David James Wiley, pled guilty in the Hamilton County Criminal Court to arson and received a probationary sentence of six years. Subsequently, the trial court revoked the appellant's probation. The appellant now appeals, contesting the trial court's evidentiary rulings during the revocation hearing and the sufficiency of the evidence supporting the revocation. Upon our review of the record and the parties' briefs, we reverse the judgment of the trial court and remand for a new hearing. |
Hamilton | Court of Criminal Appeals | |
Douglas L. Brown v. State of Tennessee
The petitioner, Douglas L. Brown, has appealed from the Bledsoe County Circuit Court's dismissal of his petition for habeas corpus relief. The petition attacked the petitioner's two 1998, Davidson County, guilty-pleaded convictions of rape of a child. The state has moved the court pursuant to Rule 20 of this court's rules to summarily affirm the judgment of the habeas corpus court. We sustain the motion and affirm the judgment. |
Bledsoe | Court of Criminal Appeals | |
Milta D. Blanchard v. State of Tennessee
The petitioner, Milta D. Blanchard, appeals the Shelby County Criminal Court’s denial of habeas corpus relief and claims that his 1992 conviction of reckless endangerment is void because the charging instrument did not charge the offense of reckless endangerment. We affirm the dismissal of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Mack T. Transou
Following a jury trial, Defendant Mack Transou was convicted of aggravated burglary and rape. He was sentenced to concurrent sentences of fifteen years for aggravated burglary and sixteen years for rape. On appeal, Defendant argues that the evidence presented at trial was insufficient to support the jury's verdict, that the trial court erred in admitting DNA evidence, and that his sentence was improper in light of Blakely v. Washington. We conclude that the evidence was sufficient to support the Defendant's convictions, the DNA evidence was properly admitted, and that the trial court did not err in its application of one enhancement factor when sentencing Defendant. Accordingly, we affirm Defendant’s convictions and sentences. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Harlen Roy L. Zirker, aka Anthony Lamont Zirker
The defendant, Harlen Roy L. Zirker, aka Anthony Lamont Zirker, was convicted by a Davidson County jury of two counts of rape of a child, a Class A felony, and four counts of aggravated sexual battery, a Class B felony, and received an effective sentence of seventy-two years. The defendant raises the following issues on appeal: (1) whether the evidence is sufficient to support his convictions; (2) whether the trial court erred in denying his motion to strike two jurors for cause, in admitting evidence of the defendant's prior criminal convictions, and in imposing consecutive sentences. Following our review, we affirm the convictions and sentences. |
Davidson | Court of Criminal Appeals | |
Christa Gail Pike v. State of Tennessee
This appeal presents two determinative issues: (1) whether post-conviction review of a death sentence should be mandatory and should proceed over the objection of a competent death-sentenced inmate; and if not, (2) whether, and under what circumstances, a competent death-sentenced inmate may revoke her waiver of post-conviction review. We conclude that post-conviction review is not mandatory and may be waived by a competent death-sentenced inmate. We also conclude that a competent death-sentenced inmate may revoke a waiver of post-conviction review so long as the revocation occurs within thirty days of the trial court's order permitting the inmate to waive post-conviction review. Our holding is limited to death-sentenced inmates who seek to revoke an initial waiver of post-conviction relief. Our holding does not apply to death-sentenced inmates who attempt to manipulate and to delay the judicial process by repeatedly seeking to waive and thereafter to reinstate post-conviction review. Applying this rule, we conclude that Christa Gail Pike may revoke her waiver and reinstate her post-conviction petition. Pike filed a motion seeking to revoke her waiver on the twenty-ninth day after the trial court filed its order permitting her to waive post-conviction review. Pike had not previously waived post-conviction review. Accordingly, we reverse the judgment of the Court of Criminal Appeals and remand this case to the trial court with instructions to reinstate the petition for post-conviction relief and to schedule an evidentiary hearing. |
Knox | Supreme Court | |
Gatha Blankenship v. American Ordinance Systems, LLS, d/b/a Milan Army Ammunition Plant
The employee in this workers’ compensation case injured her back while taking an upper body strength test on the employer’s premises. The employee, who was laid off at the time of the injury, voluntarily took the strength test as part of the application process for new jobs being created in the employer’s factory. The trial court found that the employee’s injury was not compensable because it did not arise out of her employment. The employee’s appeal was transferred to the full Supreme Court prior to the Special Workers’ Compensation Appeals Panel hearing oral argument. The dispositive question before this Court is whether the evidence preponderates against the trial court’s finding that the employee’s injury did not arise out of her employment. After carefully examining the record and the relevant authorities, we hold that the evidence does not preponderate against the trial court’s finding that the employee’s injury did not arise out of her employment. We also conclude that the employee’s injury did not occur in the course of her employment. Accordingly, we affirm the trial court’s judgment. |
Carroll | Supreme Court | |
Prentiss Phillips v. State of Tennessee
The petitioner, Prentiss Phillips, appeals the denial of his petition for post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel at trial. The judgment is affirmed. |
Shelby | Court of Criminal Appeals | |
Willie Tom Ensley v. State of Tennessee
The petitioner appeals from the dismissal of his Post-Conviction DNA Analysis Petition. Dismissal followed an unfavorable result for the petitioner after DNA analysis of a portion of the evidence. Upon review, we affirm the dismissal. |
Davidson | Court of Criminal Appeals | |
Kathy McPeak v. Virginia Thomas
Defendant appealed from the Trial Court's Judgment in favor of plaintiff. On appeal, appellant argues the Trial Court erred in ruling for appellee and appellee should be estopped from gaining possession of the property in dispute. We affirm. |
Hawkins | Court of Appeals | |
State of Tennessee v. Douglas E. Copeland
The defendant, Douglas E. Copeland, was convicted by a Putnam County Criminal Court jury of driving under the influence of an intoxicant (DUI), a Class A misdemeanor, and driving on a suspended license, a Class B misdemeanor. The trial court imposed a sentence of eleven months, twenty-nine days for the DUI conviction, with probation after ten days in jail, to be served concurrently with his sentence of six months on probation for the driving with a suspended license conviction. The trial court also ordered that the defendant pay fines totaling $860.00. On appeal, the defendant contends that the evidence was insufficient to support his DUI conviction and that the trial court erred by failing to instruct the jury that his inoperable vehicle was a defense to the DUI offense. We affirm the trial court. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Nathaniel Champion
A Coffee County jury convicted the Defendant, Nathaniel Champion, of the sale of a controlled substance, cocaine, and the trial court sentenced the Defendant to three years. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain his conviction for the sale of cocaine; and (2) the trial court erred when it denied the Defendant's motion for dismissal of appointed counsel. Finding no reversible error, we affirm the judgment of the trial court. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Leonard Dale Kincer
A Van Buren County Jury found the Defendant, Leonard Dale Kincer, guilty of facilitation of the manufacture of one hundred grams or more of a substance containing methamphetamine. The trial court sentenced the Defendant to four years. On appeal, the Defendant contends that: (1) the evidence is insufficient to support his conviction; (2) the trial court erred in its instruction to the jury on facilitation; (3) the State committed prosecutorial misconduct by introducing prejudicial information during its closing argument; and (4) the statute under which the Defendant was convicted is unconstitutional. After thoroughly reviewing the record and the applicable authorities, we affirm the Defendant’s conviction and sentence, and remand for entry of an amended judgment in Count one. |
Van Buren | Court of Criminal Appeals | |
State of Tennessee v. Luis Perez
The defendant appeals his dual convictions for possession of marijuana with intent to sell and with intent to deliver. We affirm the sufficiency of the evidence and the denial of the defendant’s motion to suppress. We remand for merger of the offenses as the dual convictions are violative of double jeopardy. Further, we modify the sentence to two years in our de novo review, due to error in failure to make findings of fact in sentencing. |
Shelby | Court of Criminal Appeals | |
Alliance for Native American Indian Rights in Tennessee, Inc. et al. v. Gerald F. Nicely et al.
This appeal involves the effect of a highway improvement project on ancient Native American graves. After discovering the graves during construction, the Tennessee Department of Transportation filed petitions in the Chancery Courts for Williamson and Davidson Counties seeking permission to disinter the remains and reinter them in another location. Despite prevailing in protracted litigation with Native American organizations and individuals, the Department voluntarily dismissed both petitions after deciding to bury the remains in place, to encapsulate them in reinforced concrete, and to continue construction on top of the encapsulated graves. A Native American organization and several Native American individuals filed this suit in the Chancery Court for Davidson County asserting that the Department's actions violated their equal protection and due process rights under the Fourteenth Amendment to the United States Constitution. The trial court dismissed the complaint on the ground that it failed to state a claim upon which relief could be granted, and the Native American parties appealed. Construction continued while the appeal was pending because the Native American parties failed to request the trial court or this court to stay the construction during the appeal. Before oral argument in this appeal, the Department completed the construction project, including the reinterment of the remains and encapsulation of the graves in concrete. In light of these later developments, we have determined that this appeal is now moot and should be dismissed. |
Davidson | Court of Appeals | |
Louis Hudson Roberts v. Mary Elizabeth Todd Roberts
This is an appeal by the former wife from the denial of her Tennessee Rule of Civil Procedure 60.02 Motion to Strike or Modify a Marital Dissolution Agreement relative to marital property. We modify and affirm the action of the trial court. |
Davidson | Court of Appeals | |
Barbara C. Watts, et al. v. Randall Lovett, et al.
In this appeal, the defendants argue that the trial court erred in the amount of money it awarded the plaintiffs for damages incurred by the plaintiffs when a truck owned by the defendants and operated by the defendants’ employee struck the plaintiffs’ garage. The sole issue at trial was the proper amount of damages the plaintiffs should receive for injuries to their property. The plaintiffs introduced evidence showing that the market value of their property as a whole - their residence, garage and acreage - depreciated as a result of the fact that the color of brick necessary to restore the garage to its original condition is no longer available. Considering this evidence, the trial court awarded the plaintiffs a judgment in the amount of $8,000.00. The defendants contend that the trial court erred in its award and that the proper measure of damages should have been solely the cost of repairing the garage, which the defendants’ expert estimated to be approximately $2,000.00. We affirm the judgment of the trial court and remand. |
Scott | Court of Appeals | |
Raymond P. White, et al. v. Hickman County, Tennessee
In these consolidated cases, certain property owners in Hickman County, Tennessee, challenged the way Hickman County imposed and administered solid waste disposal fees, asserting the improper use of disposal fees to retire debt incurred in closing a previous landfill and further asserting collection of fees beyond what was necessary for the operation of the solid waste department. Judge R.E. Lee Davies granted a partial summary judgment to the County, and following trial on the merits on the remaining issue, Judge Timothy Easter rendered judgment for Defendant, Hickman County. We affirm the actions of both of the trial judges. |
Hickman | Court of Appeals | |
State of Tennessee v. Terry Wayne Mitchell
The Defendant, Terry Wayne Mitchell, pled guilty to burglary of an automobile and theft of property over $500.00, in case number 5504, and possession of a schedule IV controlled substance, in case number 5505. The trial court sentenced the Defendant to three years and six months, as a Range II offender, for each of the convictions in case 5504, and it sentenced the Defendant to eleven months and twenty-nine days for the conviction in case 5505. The trial court further ordered that the two sentences in case 5504 would be served consecutively, and the sentence in 5505 would run concurrently. On appeal, the Defendant contends that: (1) the trial court erred by not recusing itself; and (2) the trial court erred when it sentenced the Defendant. After a thorough review of the record, we affirm the Defendant's convictions and sentences. |
Overton | Court of Criminal Appeals | |
State of Tennessee v. Jerry Bell
The Appellant, Jerry Bell, was convicted by a Shelby County jury of two counts of theft of property under $500, one count of aggravated burglary, two counts of kidnapping, and two counts of rape. As a result of these convictions, Bell received an effective sentence of fourteen years, eleven months, and twenty-nine days. On appeal, Bell raises the following issues for our review: (1) whether the evidence is sufficient to support his convictions, (2) whether the trial court’s ruling permitting introduction of his juvenile record was error, (3) whether the fines imposed by the trial court are excessive, and (4) whether he was sentenced in violation of Blakely v. Washington. After review of the record, we affirm. |
Shelby | Court of Criminal Appeals | |
Emma Lynn Nuchols v. Methodist Medical Center of Oak Ridge
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court awarded the employee 50 percent disability to the body as a whole based upon a 20 percent impairment. The employer contends the award was excessive because the trial court failed to allocate impairment to a preexisting spondylolisthesis. Judgment is modified to find impairment to be 11 percent from last injury and recovery is limited to two and one-half times impairment rating. |
Anderson | Workers Compensation Panel |