Raymond Douglas Myers v. State of Tennessee
Petitioner, Raymond Douglas Myers, was convicted of three counts of first degree murder, two counts of felony murder, one count of aggravated arson, and one count of conspiracy to commit murder. See State v. Raymond Douglas Myers, Sr., No. M2003-01099-CCA-R3-CD, 2004 WL 911280, at *1 (Tenn. Crim. App., at Nashville, Apr. 20, 2004), perm. app. denied, (Tenn. Nov. 8, 2004). The trial court merged the felony murder convictions and the conspiracy to commit murder conviction with the three convictions for first degree murder. Id. Petitioner was sentenced to consecutive life sentences without the possibility of parole for the murder convictions, and a consecutive twenty-four year sentence for the aggravated arson conviction. On direct appeal, this Court affirmed the judgments of the trial court. Id. at *7. Petitioner sought post-conviction relief in a lengthy pro se petition. Counsel was appointed. After a hearing on the petition for relief, the post-conviction court denied the petition. Petitioner has appealed the denial of post-conviction relief, arguing that the postconviction court should have determined that Petitioner received ineffective assistance of counsel at trial. After a thorough review of the record, we determine that Petitioner has failed to show that he received ineffective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Frank Deangelo Taylor
The Defendant-Appellant, Frank Deangelo Taylor, was convicted by a Shelby County jury of first degree felony murder and criminal attempt to commit especially aggravated robbery. He received a life sentence for the first degree felony murder and a concurrent term of eight years imprisonment for the attempted especially aggravated robbery. On appeal, Taylor claims: (1) the trial court erred in denying his motion to suppress, and (2) the insufficiency of the evidence. Upon review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Ricky L. Mayes v. Peebles, Inc.
Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. Ricky Mayes (“Employee”) sustained a compensable injury to his spine. His claim against Peebles, Inc. (“Employer”) was settled in accordance with the workers’ compensation statute. His authorized treating physician subsequently recommended a surgical procedure. Employer’s medical utilization review provider declined to approve the procedure. After an initial administrative appeal was denied, Employee filed a motion in the trial court, seeking to compel Employer to authorize the procedure. The trial court granted the motion, and awarded attorney’s fees to Employee. On appeal, Employer argues that the trial court did not have jurisdiction, because Employee did not exhaust his administrative appeals, and that the trial court erred by awarding attorney’s fees. We affirm the judgment. |
Knox | Workers Compensation Panel | |
Lyle Douglas Vaughn, et al vs. Darrell Brewer, et al
This action was brought to determine whether a roadway that serves the plaintiff and certain of the defendants is a public or private road. The trial court, after hearing the evidence, declared the road to be a private road. On appeal, we affirm. |
Hawkins | Court of Appeals | |
State of Tennessee ex rel. Arlie "Max" Watson, et al vs. Larry Waters, et al
A group of Sevier County residents identifying themselves as "Public Spirited Citizens" ("Plaintiffs") filed a set of quo warranto lawsuits against Sevier County, the Sevier County Board of Commissioners ("Board"), and Larry Waters, the County Mayor of Sevier County ("Mayor") (collectively "Defendants"). The trial court determined that Plaintiffs lacked standing. We affirm. |
Sevier | Court of Appeals | |
State of Tennessee ex rel. Arlie "Max" Watson, et al vs. Larry Waters, et al
A group of Sevier County residents identifying themselves as "Public Spirited Citizens" ("Plaintiffs") filed a set of quo warranto lawsuits against Sevier County, the Sevier County Board of Commissioners ("Board"), and Larry Waters, the County Mayor of Sevier County ("Mayor") (collectively "Defendants"). The trial court determined that Plaintiffs lacked standing. We affirm. |
Sevier | Court of Appeals | |
William C. Brothers v. Office of the Governor, Phil Bredesen, et al.
Appellant filed petitions seeking increased library access as well as his release from incarceration. Because Appellant has been unconditionally released from prison, we find his appeal moot and affirm the trial court's dismissal of his claims. |
Lauderdale | Court of Appeals | |
Veric Dean Osgood v. State of Tennessee
The Petitioner, Veric Dean Osgood, pled guilty in the Blount County Circuit Court to two counts of aggravated kidnapping, one count of aggravated robbery, and one count of aggravated burglary. He received a total effective sentence of thirty years in the Tennessee Department of Correction. Subsequently, he filed a petition for post-conviction relief, alleging that his trial counsel was ineffective and that his pleas were not knowingly and voluntarily entered. The post-conviction court denied the petition, and the Petitioner now appeals. Upon review, we affirm the judgment of the post-conviction court. |
Blount | Court of Criminal Appeals | |
Wellmont Health System vs. John Quinton Qualls, et al
Plaintiff hospital filed a lawsuit against defendant patient for unpaid medical expenses. Defendant patient filed a third party complaint against defendant insurance company alleging that the insurance company was responsible for the unpaid medical expenses pursuant to a health insurance policy. After a bench trial, the trial court concluded that the insurance contract was ambiguous and construed it against the defendant insurance company. Defendant insurance company appeals. After reviewing the record and the health insurance policy, we conclude that the policy was not ambiguous and the insurance contract specifically excluded coverage of patient's pre-existing condition. Accordingly, we reverse. |
Sullivan | Court of Appeals | |
American Legion Post 212 vs. Hollis F. Summers, et al
The trial court in this matter granted a motion to dismiss and entered a default judgment for the plaintiff, American Legion Post 212 ("Post 212"). The defendant, Hollis F. Summers ("Mr. Summers"), who was not present at the hearing, had removed the action to federal court days earlier. Under 28 U.S.C. _ 1446(d), once a case is removed to federal court, a state court has no authority to take further action in the matter. Accordingly, because the trial court had no jurisdiction over the case, we must summarily reverse the judgment of the trial court. |
Union | Court of Appeals | |
Dewayne Sharkey v. Molly O'Toole, M.D.
An inmate appeals a summary judgment dismissing his medical malpractice and 42 U.S.C._ 1983 claims against the correctional facility's psychiatrist. Since the defendant's doctor negated essential elements of both claims with her expert affidavit and plaintiff failed to create a genuine issue of material fact, the trial court is affirmed. |
Davidson | Court of Appeals | |
John A. Van Grouw v. Tracey P. Malone
Plaintiff appeals the trial court's award of summary judgment to defendant attorney in an action alleging professional malpractice, fraud, and violation of the consumer protection act. We affirm. |
Shelby | Court of Appeals | |
Trustmark National Bank, et al. v. Deutsche Bank National Trust Company, et al.
This case concerns the priority of lienholders' respective interests in real property. The plaintiffs/appellees, Trustmark National Bank and FirstBank, filed this joint action as amended for declaratory judgment against the defendants/appellants, Long Beach Mortgage Company, Sonya R. Thomas, and Deutsche Bank National Trust Company, and for enforcement of their liens through judicial sale of the property. The plaintiffs' amended complaint asserted that Trustmark and FirstBank held judgment liens against the property that were valid, enforceable, and superior to the defendants' interests. The defendants responded in pertinent part that they were entitled to priority under the doctrine of equitable subrogation, even if the plaintiffs held prior-recorded judgment liens against the property. The trial court granted summary judgment in favor of the plaintiffs, finding that the undisputed facts demonstrated that the plaintiffs' liens were enforceable and superior to the defendants' later-recorded deeds of trust and that the defendants were not entitled to equitable subrogation. The defendants appealed, challenging only whether the trial court erred when it granted summary judgment on the question of equitable subrogation. Because the plaintiffs failed to negate an essential element of equitable subrogation or show that the defendants cannot establish an essential element of equitable subrogation at trial, we reverse the grant of summary judgment in part and remand. |
Shelby | Court of Appeals | |
Thomas Greer v. City of Memphis, Tennessee
This case involves the award of attorney's fees and costs against the Appellant City of Memphis for its alleged failure to comply with the appellee's document request, made under the Tennessee Public Records Act, Tenn. Code Ann. _10-7-501 et seq. The trial court awarded fees and costs against the city under Tenn. Code Ann. _ 10-7-505(g), which requires a finding of knowledge and willful failure to comply with the public records act. Based upon the record, we conclude that the trial court abused its discretion because: (1) the trial court made no specific finding concerning the city's alleged willful failure to comply, and (2) the record does not support a finding of willful failure to comply on the part of the city. Reversed. |
Shelby | Court of Appeals | |
State of Tennessee v. Gary Wayne Armstrong
The defendant, Gary Wayne Armstrong, appeals from his Marshall County Circuit Court jury convictions of assault and aggravated assault. He claims that the evidence was insufficient to support the convictions and that the trial court erroneously sentenced him. Upon our review of the record, we affirm the trial court's judgments. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Herman Majors, Jr.
The defendant, Herman Majors, Jr., appeals the Montgomery County Circuit Court's revocation of his community corrections sentence for his conviction of aggravated assault, alleging that the trial court erred in not returning him to community corrections or placing him on probation. Discerning no error, we affirm. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Phillippe Rogers
A Davidson County jury convicted the defendant of one count of conspiracy to sell 300 grams or more of cocaine, see T.C.A. __ 39-17-417(a)(3), (j)(5); 39-12-103 (2003), and one count of possession with intent to sell 300 grams or more of cocaine, see id. _ 39-17- 417(a)(4), (j)(5). The defendant appeals, arguing that the evidence was insufficient to support his conviction of conspiracy to sell 300 grams or more of cocaine. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
Phedrek T. Davis v. State of Tennessee
The petitioner, Phedrek T. Davis, appeals from the dismissal of his petition for writ of error coram nobis. In this appeal, he contends that the coram nobis court erred by summarily denying his petition. Discerning no error, we affirm the judgment of the coram nobis court. |
Davidson | Court of Criminal Appeals | |
Jerry Robertson, a/k/a Jere Robertson vs. Clara Robertson Hodges, et ux., et al
In this action plaintiff asked the Court to declare that he had an interest in property which he inherited by will, and for a partition and sale of the land. The trial court determined that plaintiff was judicially estopped to claim an interest in the land and dismissed the action. On appeal, we affirm the Judgment of the trial court. |
Sevier | Court of Appeals | |
In the matter of: April F. (d.o.b. 11/20/98), Dylan F. (d.o.b. 3/30/00), and Devin F. (d.o.b. 7/24/06 et al.
This is a termination of parental rights case. The juvenile court terminated the parental rights of the father on the grounds of persistence of conditions, substantial noncompliance with the terms of the permanency plans, and abandonment by willful failure to support. The father appeals, arguing that the Department of Children's Services did not clearly and convincingly show that it made reasonable efforts to help him address his addiction to methamphetamine, clearly and convincingly prove grounds for termination, or clearly and convincingly demonstrate that termination of his parental rights was in the best interests of the children. Because DCS did not clearly and convincingly demonstrate that it made reasonable efforts to reunite the father with his children, we reverse. |
Campbell | Court of Appeals | |
Raymond Konop, et al. v. James Henry, et al.
Purchasers of real estate brought suit against the sellers as well as against the appraiser, the sellers' real estate agent, the agent's managing broker and brokerage firm alleging fraudulent misrepresentation and breach of duty to disclose adverse facts related to the property purchased. Upon their motions for summary judgment, the appraiser, real estate agent, the agent's managing broker and brokerage firm were dismissed as defendants; the purchasers appeal the dismissal of the real estate agent, the managing broker and the brokerage firm. Finding no error, we affirm. |
Marshall | Court of Appeals | |
Jonathon C. Hood v. State of Tennessee
Defendant, Jonathon C. Hood, appeals the dismissal of his motion to discharge fines. More specifically, he contends that because his sentence was expired, the trial court erred in dismissing the motion. The State argues that this Court does not have jurisdiction to hear this appeal because Rule 3 of the Tennessee Rules of Appellate Procedure does not provide for an appeal as of right from the denial of a motion to discharge fines. We agree. Additionally, the record is incomplete. Therefore, Defendant's appeal is dismissed. |
Franklin | Court of Criminal Appeals | |
Kardius Wilkes v. State of Tennessee
The Petitioner, Kardius Wilkes, was convicted by a jury of one count of first degree murder. This Court affirmed his conviction on direct appeal, and his application for permission to appeal was denied by the Tennessee Supreme Court. See State v. Kardius Wilkes, No. W2001-02172-CCA-R3-CD, 2002 WL 818255 (Tenn. Crim. App., Jackson, Apr. 26, 2002), perm. app. denied (Tenn. Oct. 7, 2002). He later filed a petition for post-conviction relief. Following an evidentiary hearing, the post-conviction court denied the Petitioner relief. In this appeal, the Petitioner contends that the post-conviction court erred in denying him relief because his trial counsel failed to: (1) impeach a particular witness using transcripts of the Petitioner's first trial, which ended in a mistrial; (2) adequately meet with the Petitioner before his second trial; (3) call the Petitioner's brother as a witness; and (4) adequately investigate and interview potential witnesses. After our review, we affirm the post-conviction court's denial of relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joshua Shane Hayes
Following a jury trial, Defendant, Joshua Shane Hayes, was convicted of possession with intent to deliver three-hundred grams or more of cocaine (count one), manufacturing twenty or more marijuana plants (count two), and possession with intent to deliver more than ten pounds but less than seventy pounds of marijuana (count three). The trial court conducted a sentencing hearing and imposed a sentence of twenty-four years for count one, five years for count two, and four years for count three. The court ordered counts one and two to run consecutively to each other and concurrently to count three for an effective twenty-nine year sentence in the Department of Correction. On appeal, Defendant argues that (1) the trial court erred in failing to suppress the evidence seized from the residence at Deer Valley Trail; (2) that the trial court erred in allowing the State to introduce evidence of seventeen firearms, ammunition, and photographs of multiple firearms at trial; and (3) that the trial court erred in sentencing Defendant to an effective twenty-nine year sentence. Following our review of the record, we reverse the judgments of the trial court because the warrant does not comply with the requirements of Rule 41 of the Tennessee Rules of Criminal Procedure. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Mario Chambers
In the Shelby County Criminal Court, the Defendant-Appellant, Mario Chambers, entered guilty pleas to four Class E felonies and one Class A misdemeanor. Specifically, Chambers pled guilty to possession of Morphine with intent to sell, possession of Hydrocodone with intent to sell, possession of Alprazolam with intent to sell and possession of marijuana. As a part of his plea agreement, Chambers received concurrent two-year sentences for each of the felony convictions to be served in the county workhouse and a concurrent thirty-four day sentence to be served in the county jail for the misdemeanor conviction, with the manner of service to be determined by the trial court. On appeal, Chambers argues that the trial court erred in denying an alternative sentence. Upon review, we affirm the trial court's judgments. |
Shelby | Court of Criminal Appeals |