State of Tennessee v. Kim Geselbracht
On January 22, 2009, the Rhea County Criminal Court dismissed two counts of driving under the influence (“DUI”) against the defendant, Kim Geselbracht. The trial court determined that a law enforcement officer’s ignoring the defendant’s repeated requests for an independent blood test for blood alcohol content (“BAC”) denied the defendant his constitutional and statutory rights. The State appeals, arguing that the trial court erred by dismissing the charges. Upon our review, we affirm the judgment of the trial court. |
Rhea | Court of Criminal Appeals | |
State of Tennessee v. William Keith Paulson, alias
The defendant, William Keith Paulson, was convicted by a Knox County jury of reckless endangerment, a Class E felony; two counts of felony evading arrest, Class D felonies; evading arrest, a Class A misdemeanor; driving without a license, a Class C misdemeanor; and violation of the state registration law, a Class C misdemeanor. Subsequently, he was sentenced to an effective eighteen-year sentence, as a career offender, in the Department of Correction. On appeal, he raises the single issue of whether double jeopardy principles require the merger of his convictions for reckless endangerment, felony evading arrest, and evading arrest into a single conviction for felony evading arrest. Following review of the record, we conclude that the two counts for felony evading arrest should have been merged into a single count as they were simply alternative charges for the same conduct. Further, we determine that the misdemeanor evading arrest should have also been merged with the felony evading arrest as it represented a single course of conduct. However, merger of the single remaining felony evading arrest and the reckless endangerment convictions is not required. As such, the case is remanded for entry of corrected judgments of conviction in accordance with this opinion. |
Knox | Court of Criminal Appeals | |
Metropolitan Government of Nashville v. James E. Brown, et al.
The matters at issue arise from the demolition of a dilapidated residential structure by the Metropolitan Government of Nashville and Davidson County. Following the demolition of the property, the Metropolitan Government filed this action to recover the cost of demolition. The homeowners, who purchased the property at a delinquent property tax sale after the Metropolitan Government had filed Notice of Violation with the Register of Deeds Office, but prior to the structure’s demolition, responded by filing a counter-claim for inverse condemnation. The homeowners contended that the Metropolitan Government had no right to demolish their property and was not entitled to recover its costs for demolition, due to the intervening delinquent property tax sale. They also asserted in the counterclaim that the Metropolitan Government intentionally destroyed their property without the right to do so and, as a consequence, they are entitled to recover the value of the structure demolished. Both parties filed motions for summary judgment. The trial court ruled in favor of the homeowners on both motions by summarily dismissing the Metropolitan Government’s claim for reimbursement and granting summary judgment to the homeowners on their inverse condemnation claim. The trial court then awarded the homeowners damages for the value of the structure and attorney’s fees; however, the court denied their request for prejudgment interest. Both parties appeal. We affirm the summary dismissal of the Metropolitan Government’s claim and the grant of summary judgment to the homeowners on their inverse condemnation claim. We also affirm the award of damages for the value of the structure and the amount of attorney’s fees awarded to the homeowners. We reverse on the issue of prejudgment interest, finding that the award of prejudgment interest in inverse condemnation cases is mandatory under Tenn. Code Ann. § 29-17-813(a). |
Davidson | Court of Appeals | |
State of Tennessee v. Roger Glenn Dile
A Davidson County jury convicted the Defendant, Roger Glenn Dile, of rape of a child, a Class A felony; attempted rape of a child, a Class B felony; and two counts of aggravated sexual battery, a Class B felony. The trial court imposed a total effective sentence of thirty-two years to be served at 100% as a child rapist. The Defendant appeals, contending: (1) the evidence, as a matter of law, was insufficient to support his convictions because the proof at trial fatally varied from his indictments; (2) the trial court erred when it failed to merge one of his aggravated sexual battery convictions into his rape of a child conviction; and (3) the trial court erred when it set the length and alignment of his sentences. After a thorough review of the record and relevant authorities, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
James Young v. State of Tennessee
The petitioner, James Young, filed a timely petition for post-conviction relief and two amended petitions for post-conviction relief. He appeals the denial of post-conviction relief, contending that he received ineffective assistance of counsel based on trial counsel’s failure to: (1) impeach a State’s witness, (2) subpoena an eyewitness to testify, and (3) request a jury instruction on selfdefense. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Tony Curtis Holmes
The defendant, Tony Curtis Holmes, was convicted of one count of first degree premeditated murder and one count of attempted first degree premeditated murder, a Class A felony. He was sentenced to consecutive life sentences. On appeal, he contends that the trial court abused its discretion in three areas: failing to grant a mistrial; allowing irrelevant testimony; and allowing hearsay testimony. After careful review, we conclude no error exists and affirm the judgments from the trial court. |
Shelby | Court of Criminal Appeals | |
Kyle McDonnell v. Continental Machine Movers
In this workers’ compensation action, the employee, Kyle McDonnell, was assigned to work at a job site in Kentucky. His employer, Continental Machinery Movers, paid for food and lodging. While waiting in a truck for his co-workers to return from breakfast, he suffered an apparent seizure. Subsequently, his shoulder was painful and he sought and received medical care at a local emergency room. An evaluating physician testified that the seizure had caused a dislocation of his shoulder joint. Mr. McDonnell sought workers’ compensation benefits, but the employer denied liability. The trial court found that Mr. McDonnell was a “traveling employee,” and that the injury was compensable. Continental Machinery Movers has appealed.1 We conclude that the injury did not arise from the employment and, therefore, reverse the trial court’s decision. |
Marshall | Workers Compensation Panel | |
State of Tennessee v. Corey Eshmon
The defendant, Corey Eshmon, was convicted by a Shelby County jury of one count of aggravated robbery, a Class B felony; two counts of aggravated assault, a Class C felony; and one count of theft of property under $500, a Class A misdemeanor. The trial court sentenced him as a Range I offender to eight years for the aggravated robbery conviction, three years for each of the aggravated assault convictions, and eleven months, twenty-nine days for the theft conviction. Finding the defendant to be a dangerous offender, the court ordered that the robbery sentence run consecutively to one of the assault sentences, for an effective sentence of eleven years in the Department of Correction. In a timely appeal to this court, the defendant raises the following issues: (1) whether the trial court erred in denying his motion to suppress witness identifications; (2) whether the evidence was sufficient to sustain the convictions; and (3) whether the trial court erred in ordering consecutive sentencing. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Angelo Allen
The defendant, Angelo Allen, was convicted of possession of cocaine and two counts of possession of marijuana, all Class A misdemeanors. The defendant was sentenced to eleven months and twentynine days for each conviction. The court ordered that the marijuana convictions be merged and that the remaining two convictions run concurrently, for a total effective sentence of eleven months and twenty-nine days. The defendant raises four issues on appeal: (1) the trial court improperly denied his motion to suppress; (2) count two of his indictment should have been dismissed; (3) venue was not established at trial; and (4) he was sentenced improperly. After careful review, we conclude that the motion to suppress was properly denied, count two was proper, and venue was established. However, we remand for affixing a percentage of the sentence to be served by the defendant. |
Shelby | Court of Criminal Appeals | |
Gregory L. Smith v. State of Tennessee
The petitioner, Gregory L. Smith, appeals the Madison County Circuit Court’s denial of his petition for post-conviction relief. The petitioner is currently serving a twelve-year sentence following his conviction for aggravated sexual battery, a Class B felony. On appeal, he contends that the postconviction court erred in determining that he received the effective assistance of counsel. Specifically, he contends that trial counsel was ineffective by failing to: (1) adequately investigate; 2) adequately communicate with the petitioner, provide and discuss discovery, prepare the petitioner to testify, and convey plea offers; (3) elicit facts helpful to the defense at trial; and (4) interview and call witnesses for the defense. Following review of the record, we find no error and affirm the denial of post-conviction relief. |
Madison | Court of Criminal Appeals | |
William Arthur Shelton v. State of Tennessee
The petitioner, William Arthur Shelton, appeals from the dismissal of his petition for post-conviction relief. In this appeal, he contends that he was denied the effective assistance of counsel at trial and on appeal. Discerning no error, we affirm the judgment of the post-conviction court. |
Bradley | Court of Criminal Appeals | |
Danny Ray Lacy v. Cherry Lindamood, Warden, and State of Tennessee
The Petitioner, Danny Ray Lacy, was convicted by a jury of first degree murder and sentenced to life without parole. The Petitioner filed a petition for habeas corpus relief, contending that his conviction was void due to erroneous jury instructions at trial and ineffective assistance of counsel. The Wayne County Circuit summarily dismissed the petition, finding that the Petitioner had failed to state a cognizable claim for relief. After our review of the record, we agree and affirm the order summarily dismissing the petition. |
Wayne | Court of Criminal Appeals | |
Alejandro Avila-Salazar v. State of Tennessee
The Petitioner, Alejandro Avila-Salazar, pleaded guilty on September 6, 2006, to one count of second degree murder and one count of attempted aggravated rape. He was sentenced to serve forty years for the second degree murder conviction and twelve years for the attempted aggravated rape conviction, those sentences to be served concurrently at 100%. He later filed a petition for postconviction relief alleging that his guilty plea was not knowingly and intelligently entered because he received ineffective assistance of counsel. A post-conviction hearing was held on March 10, 2008, after which the post-conviction court denied the Petitioner relief. In this appeal, the Petitioner contends that the post-conviction court erred in holding that he received the effective assistance of counsel and that he entered his guilty plea knowingly and intelligently. After our review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Bethany A. Adkins v. Robin Swensen
Driver of automobile which struck pedestrian appeals jury award of damages for future pain and suffering, asserting that there is no material evidence to support the award. Finding the verdict of the jury to be supported by the evidence we affirm the judgment. |
Davidson | Court of Appeals | |
State of Tennessee v. Corey Danielle Wellman
A Davidson County Criminal Court jury convicted the defendant, Corey Danielle Wellman, of one count of possessing with intent to sell .5 grams or more of cocaine, one count of possession of drug paraphernalia, one count of attempted felony possession of a weapon, and one count of introducing contraband into a penal facility. The defendant appeals his convictions, maintaining that the trial court erred in denying his motion to suppress evidence that he argues resulted from an illegal search. The defendant also challenges the sufficiency of evidence for all his convictions except for his introducing contraband into a penal facility conviction. We hold that the defendant has waived his suppression issue. We affirm the judgments of the trial court regarding his drug and drug paraphernalia convictions, and we reverse his attempted felony possession of a weapon conviction, and dismiss that charge. |
Davidson | Court of Criminal Appeals | |
William & Rose Allgood v. Gateway Health Systems
This is an appeal from a grant of summary judgment. The plaintiff patient filed a lawsuit against the defendant physician alleging medical negligence. The patient attempted personal service on the physician by leaving the summons and the complaint at the reception desk of the hospital at which the physician practiced. Eventually, the summons and the complaint were delivered to the physician. The summons stated that service would be made by the commissioner of insurance or the U.S. mail. In his answer to the complaint, the physician asserted insufficiency of service of process, and stated that the summons indicated that service was made by the commissioner of insurance through the U.S. mail. No new process was issued. |
Montgomery | Court of Appeals | |
State of Tennessee v. Corey Gilliam
The Defendant-Appellant, Corey Gilliam, was convicted by a Shelby County jury of theft of property valued at over $1,000, felon in possession of a handgun, leaving the scene of an accident resulting in injury, and driving on a suspended license. He was sentenced to twelve years as a career offender for the theft of property conviction, six years as a career offender for the felon in possession of a handgun conviction, eleven months and twenty-nine days for the leaving the scene of an accident resulting in injury conviction, and eleven months and twenty-nine days for the second or subsequent driving on a suspended license conviction. The trial court ordered the sentences to be served consecutively. In this appeal, the defendant argues: (1) the insufficiency of the evidence; (2) the trial court erred by providing the jury with an instruction on reasonable doubt that was unconstitutional; (3) the trial court erred by finding that the defendant’s 2007 conviction for aggravated robbery was admissible for impeachment; (4) the imposition of consecutive sentencing violated the Sixth Amendment; (5) the State failed to elect when the defendant drove on a suspended license in the indictment; and (6) the jury instructions for leaving the scene of an accident resulting in injury and driving on a suspended license failed to charge a mens rea. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
James Miller v. State of Tennessee
The petitioner, James Leon Miller (hereinafter “the petitioner”), was convicted by a jury of criminal responsibility for first degree murder and criminal responsibility for aggravated assault. He now appeals the denial of post-conviction relief, claiming “the trial court erred in finding that the trial court counsel effectively assisted and represented the [petitioner].” Upon our review of the record, we affirm the judgment of the post-conviction court. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Brian David Thomason
Pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure, the Defendant-Appellant, Brian David Thomason (“Thomason”), appeals from the denial of his application for pretrial diversion to the Gibson County District Attorney General’s office, which was upheld by the trial court. Upon review of the record and applicable authority, we reverse the judgment of the trial court and remand this matter to the trial court to grant Thomason pretrial diversion under such terms and conditions as are deemed appropriate under all circumstances. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Wiley Rathbone
The Defendant, Wiley Rathbone, was convicted by a jury in Cocke County Circuit Court of three counts of aggravated assault, Class C felonies, and one count of domestic assault, a Class A misdemeanor. The trial court imposed sentences of five years for each aggravated assault offense and eleven months and twenty-nine days for the domestic assault offense, ordering all sentences to be served concurrently except for one aggravated assault sentence which is to be served consecutively and on probation, for a total effective sentence of five years incarceration followed by five years probation. In this appeal as of right, he contends (1) that the State’s comments before the jury denied him a fair trial, (2) that the evidence is insufficient to support his convictions, and (3) that the trial court imposed an excessive sentence both in length and manner of service. Following our review, we affirm the convictions but remand the case for reconsideration of the lengths of the sentences and imposition of consecutive sentences. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Timothy Garvin Odom
Following a jury trial, Defendant, Timothy Garvin Odom, was found guilty of rape of a child, a Class A felony. The trial court sentenced Defendant as a Range One, standard offender, to eighteen years. On appeal, Defendant argues that (1) the evidence was insufficient to support his conviction; (2) the trial court erred in denying his motion to suppress his statement; and (3) the trial court erred in its sentencing determinations. After a thorough review, we affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Jonathan Fredrick Walker
The State appeals the trial court’s grant of a motion to suppress the evidence seized as a result of a search of the vehicle of Defendant, Jonathan Frederick Walker. The seized items led to Defendant’s indictment for possession of more than 0.5 grams of cocaine with the intent to sell or deliver. Because the State was unable to prosecute the case without the suppressed evidence, the trial court entered an order dismissing the charges against the Defendant. After a review of the record, we affirm the judgment of the trial court. |
Obion | Court of Criminal Appeals | |
Victor L. Powell v. State of Tennessee
After a trial by jury, Victor L. Powell, the petitioner, was convicted of vehicular homicide by intoxication and three counts of vehicular assault. He now appeals the denial of post-conviction relief. Upon our review of the record, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Maurice Currie
Following a jury trial, Defendant, Maurice Currie, was found guilty of possession of more than 0.5 grams of cocaine with the intent to sell or deliver, a Class B felony. The trial court sentenced Defendant, as a Range I, standard offender to eight years. On appeal, Defendant argues that (1) the evidence is insufficient to support his conviction; (2) the trial court erred in denying his motion for a continuance; (3) the sentence imposed is excessive; and (4) the trial court erred in denying Defendant’s motion that he be declared indigent for appellate purposes. Upon our close review of the evidence, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
James Jeffrey Jackson v. Kristi Lyn Williams
This is a post-divorce petition for contempt and to modify a parenting plan. The parties divorced when their son was about three years old. They were awarded joint custody of their son and the mother was designated as the primary residential parent. Many disputes ensued. The father filed a contempt petition against the mother, claiming that she was in contempt for failing to schedule compensatory weekend parenting time for the father after the child spent one of his weekends with the mother, and for causing the father to miss six scheduled telephone calls with their son over an eight-month period. The father asserted that this and other conduct showed that the mother intended to alienate the child from him, and on this basis filed a petition to modify the parenting plan. After a hearing, the trial court denied the father’s petitions for contempt and for modification. We affirm. |
Dyer | Court of Appeals |