Tracy Lynn Harris v. Jim Worthington, Warden (State Of Tennessee)
The Petitioner, Tracey Lynn Harris, 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. |
Hardeman | Court of Criminal Appeals | |
Michael Hooper v. Steven Dotson, Warden (State of Tennessee)
The Petitioner, Michael Hooper, 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. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Cordaro Hughes
The defendant, Cordaro Hughes, was convicted by a Shelby County Criminal Court jury of first degree felony murder; especially aggravated robbery, a Class A felony; and attempted especially aggravated robbery, a Class B felony. He was sentenced to life imprisonment for the first degree murder conviction, fifteen years at 100% for the especially aggravated robbery conviction, and eight years at 30% for the attempted robbery conviction, with the trial court ordering that the sentences be served concurrently, for an effective sentence of life imprisonment. The defendant raises four issues on appeal: (1) whether this court should waive his untimely notice of appeal in the interests of justice; (2) whether the trial court erred in denying his motion to suppress his statements to police; (3) whether the evidence was sufficient to sustain his convictions; and (4) whether the trial court erred in granting the State’s motion in limine to suppress evidence that he initially denied any involvement in the crimes. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee ex rel. Michelle Strickland v. Terry Copley
This appeal arises from post-divorce proceedings involving child support obligations. The original divorce and support orders were entered in Michigan. The mother subsequently moved to North Carolina, and the child support order was transferred to that state. The father moved to Tennessee and became delinquent in making his support payments. The mother began to receive public assistance and executed an income assignment assigning to North Carolina the right to receive the back child support owed by the father. Upon request by North Carolina, Tennessee then brought suit to enforce the North Carolina order. In the Tennessee proceedings, the trial court changed custody from the mother to the father and ordered the mother to pay the father child support. In the process, the trial court determined that the mother owed back child support to the father and then used this amount to setoff the obligation owed by the father to North Carolina. For the reasons stated herein, we determine that a setoff cannot be used to deprive North Carolina of recoupment of its public assistance. The judgment below allowing the setoff is therefore vacated, and this case is remanded for further proceedings consistent with this opinion. |
Gibson | Court of Appeals | |
State of Tennessee v. Rapheal Love
The defendant, Rapheal Love, was convicted by a Shelby County Criminal Court jury of two counts of first degree premeditated murder and sentenced by the trial court to two consecutive terms of life imprisonment in the Department of Correction. The sole issue he raises on appeal is whether the trial court erred in ordering consecutive sentencing. Following our review, we affirm the consecutive sentences imposed by the trial court. |
Shelby | Court of Criminal Appeals | |
Meta-Sue Jones Woodall v. Jethero Jackson Woodall, Jr.
This appeal arises from a divorce action. The issues presented on appeal relate to the trial court’s classification and division of the parties’ property. We affirm. |
Shelby | Court of Appeals | |
In Re: Estate of William Anthony Lucy Rita Clark, Shelby County Assessor or Property, et al. v. Naomi Schutte, as Administratrix of the Estate of William Anthony Lucy
The Shelby County Assessor and Shelby County moved to intervene in a probate case in order to amend a prior order previously entered adjudicating a claim made against the decedent’s estate by the City of Memphis for delinquent personal property taxes. The would-be intervenors claimed as their interest in the case the possibility that the probate court’s decision might be deemed preclusive in a tangentially related chancery proceeding. The probate court denied the motion to intervene and ordered that the movants pay the estate’s attorney’s fees. We conclude that the movants did not possess a substantial legal interest in the litigation warranting their intervention under Tenn. R. Civ. P. 24.01, and we further conclude that the probate court did not abuse its discretion in finding the motion to be untimely. Accordingly, we affirm the probate court’s denial of the motion to intervene as well as its denial of a companion motion made under Tenn. R. Civ. P. 60.02. We, however, vacate its decision awarding the estate attorney’s fees. |
Shelby | Court of Appeals | |
State of Tennessee v. Keven Scott
The appellant, Keven Scott, was convicted by a jury in the Shelby County Criminal Court of possession of more than .5 grams of cocaine with the intent to deliver, possession of cocaine, and possession of marijuana. The trial court merged the cocaine convictions and sentenced the appellant to a total effective sentence of seventeen years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his conviction for possession of more than .5 grams of cocaine with the intent to deliver. Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Vicky Jones et al. v. Kindred Healthcare Opertaing, Inc. et al.
We here review a trial court’s denial of the defendants’ motion to compel arbitration. Each defendant is alleged to have been involved in the ownership and operation of a nursing home facility at which the mother of the plaintiff was a resident prior to her death. The mother had, several years earlier, executed a general durable power of attorney naming one of her daughters as her attorney-infact. Later that daughter signed a letter purporting to give another of the mother’s daughters certain powers. This daughter then secured the admission of their mother to the nursing facility in question here and in the admissions process signed an arbitration agreement. The defendants contend that her signature is effective to require arbitration of the claims raised in this suit. We conclude that the signing daughter did not possess the requisite authority to enter into a binding arbitration agreement. Accordingly, we affirm the trial court’s decision and remand for further proceedings. |
Shelby | Court of Appeals | |
United Parcel Service v. Jim Sanders
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. The employee, Jim Sanders, retired from his employment with the United Parcel Service in September 2003. In February 2004, he gave notice to his employer of a workers’ compensation claim. He alleged that he had sustained gradual injuries or aggravation of his pre-existing conditions as a result of his work activities. The claim was denied, and the Mr. Sanders filed suit. At trial, the court sustained objections by both parties to medical records attached to medical depositions. At the conclusion of the trial, the trial court found that the employee had failed to carry his burden of proof and also that the claim was barred by failure to give timely notice of the alleged injury. The employee has appealed, asserting that the trial court erred in sustaining the employer’s objection to medical records, in finding that he had not carried his burden of proof, and in finding that he had not complied with the notice requirement of the workers’ compensation law. We affirm the judgment of the trial court. |
Madison | Workers Compensation Panel | |
State of Tennessee v. Sanford Lee Parker
The Defendant, Sanford Lee Parker, was convicted of felony driving under the influence (fourth offense or greater), child endangerment, violation of the implied consent law, and driving on a revoked license. For these convictions, the Defendant received consecutive terms of four years, eleven months and twenty-nine days, eleven months and twenty-nine days, and six months respectively. In this direct appeal, the Defendant challenges the sufficiency of the evidence to support his convictions for driving under the influence and child endangerment and contends that his sentence is excessive. After a review of the record, we affirm the judgments of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Thornton Shayne Snapp
The Sullivan County Grand Jury indicted Appellant, Thornton Shayne Snapp, for theft of property valued over $1,000 but less than $10,000. At the conclusion of a jury trial, the jury found Appellant guilty as charged. On appeal, Appellant argues that the evidence was insufficient to support a conviction for theft, and instead only supported a conviction for joyriding. After a thorough review of the record, we have found the evidence to be sufficient to support the conviction and affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Thomas Jefferson Teague, Jr.
A Davidson County Criminal Court grand jury indicted the defendant, Thomas Jefferson Teague, Jr., on one count of possession of a handgun by a convicted felon and one count of possession of drug paraphernalia. The trial court accepted a plea agreement in which the defendant agreed to plead guilty to only felony possession of a weapon in exchange for a Range I sentence of two years’ confinement in a regional workhouse. Subsequently, the defendant filed a motion seeking placement in a community corrections program. Adopting the State’s view that the incarcerative sentence was embraced in a binding plea agreement and was not subject to modification, the trial court denied the motion, and the defendant appealed. Although the trial court applied an incorrect legal standard in denying relief, we affirm its order because the record demonstrated no factual basis for relief. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Ray Charles Nelson
A Montgomery County Circuit Court jury convicted the defendant, Ray Charles Nelson, of theft and criminal trespass, and the defendant, now on appeal, challenges the sufficiency of the convicting evidence. Because we hold that the evidence was sufficient, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
Jeanne W. Fickle v. James Edward Fickle
In this divorce action, Husband appeals the trial court’s valuation of his closely held stock and the classification of its appreciation as marital property; the $75,000 award of alimony in solido to Wife to account for her interest in the appreciation of that stock; the award of $1,500 per month in transitional alimony for 60 months; and the award to Wife of $25,000 in attorney’s fees incurred through trial and of $1,500 in attorney’s fees incurred in defending against husband’s motion to alter or amend the judgment. We affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Adrienne Hollowell
The defendant, Adrienne Hollowell, pled guilty to one count of theft of property valued over $500, a Class E felony. The Shelby County Criminal Court sentenced the defendant to one year in the Department of Correction as a Range I, standard offender. At the time of her guilty plea, the defendant filed a petition to suspend her sentence; following an August 2006 hearing, the trial court denied the petition and ordered the defendant to serve her sentence in incarceration. The defendant appeals, asserting that the trial court erred by ordering a sentence of full incarceration. After reviewing the record, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Bobby E. White and Ann H. White v. Pulaski Electric System
Bobby E. White and Ann H. White sought judgment granting them title to a small portion of property that they claim to own by deed, adverse possession and by payment of taxes. The trial court granted Pulaski Electric System, a public electric company, summary judgment. Finding no reversible error, we affirm the judgment of the trial court. |
Giles | Court of Appeals | |
Craig Robert Nunn v. State of Tennessee - Concurring
I join in the results reached by the majority but write separately to express a different conclusion regarding the tolling of the post-conviction statute of limitations. The majority opinion concludes that the trial court erred in finding that the post-conviction petition filed more than five years after the entry of judgment in this case is time-barred. This conclusion is based upon the belief that the evidence presented at the evidentiary hearing showed that the petitioner was misled by trial counsel regarding his right to pursue post-conviction relief under the terms of his guilty plea agreement. |
Davidson | Court of Criminal Appeals | |
Craig Robert Nunn v. State of Tennessee
The petitioner, Craig Robert Nunn, appeals the post-conviction court’s denial of his petition for post-conviction relief from his aggravated sexual battery convictions. The petitioner first argues that the post-conviction court erred in finding that due process considerations did not toll the statute of limitations. He further argues that the post-conviction court, which also considered his claims on the merits, erred in finding that he received effective assistance of trial counsel. Following our review, we affirm the post-conviction court’s denial on its merits of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Bryan Dale Farmer
A Montgomery County jury convicted the Defendant, Bryan Dale Farmer, of one count of sexual battery by an authority figure, and the trial court sentenced him to three years in prison, suspended after the service of sixty days. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain his conviction because he did not use his supervisory power over the victim to accomplish a sexual act; and (2) the trial court erred by not granting him full probation. After a thorough review of the applicable record and law, we affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Tony Draine
The defendant, Tony Draine, was convicted by a Shelby County jury of one count of theft of property over $10,000, a Class C felony, and sentenced to thirteen years in the Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence, specifically with regard to the requisite mental state. After review of the record, we conclude that the evidence is sufficient and affirm the judgment of conviction. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ariel Ben Sherman
A Loudon County grand jury indicted the defendant, Ariel Ben Sherman, and co-defendant, Jacqueline Crank, for child neglect. The trial court dismissed the indictment against Sherman. The Court of Criminal Appeals reversed and remanded. We granted Sherman’s application for permission to appeal to consider the issues presented for review, and hold as follows: (1) When deciding a motion to dismiss an indictment, a trial court may consider undisputed facts that are clearly and unequivocally agreed upon by the parties; (2) a person standing in loco parentis to a child may have a legal duty of care, the breach of which may result in criminal culpability; and (3) the State is not bound at the outset of a trial by the legal theories espoused in its bill of particulars. Because the trial court erroneously dismissed the indictment, we affirm the Court of Criminal Appeals, reinstate the indictment against Sherman, and remand the case for further proceedings consistent with this opinion. |
Loudon | Supreme Court | |
Elizabeth Bailey v. Mary Taylor, et al. and Mary Taylor v. Elizabeth Bailey, et al.
These consolidated appeals arise out of two forcible entry and detainer suits filed in general sessions court and appealed to circuit court. For the following reasons, we have determined that one appeal must be dismissed for lack of a final order, and one appeal must be reversed and remanded for further proceedings. |
Shelby | Court of Appeals | |
Ford Motor Credit Company v. Kurt F. Luna
This appeal arises from the dismissal of an appeal from a general sessions judgment. The appellant purchaser defaulted on a loan from the appellee finance company for the purchase of a vehicle. The finance company then filed an action to recover possession of the vehicle. The general sessions court entered a judgment in favor of the finance company. The purchaser appealed the judgment to the circuit court. The finance company moved to dismiss the appeal for failure to file the required bond. The circuit court found that the purchaser was not indigent and granted the motion to dismiss. The purchaser appeals, challenging the circuit court’s finding that he was not indigent. We find that an appeal bond was not required under Tennessee caselaw. Therefore, we reverse the decision of the circuit court and remand for further proceedings. |
Marshall | Court of Appeals | |
Ronnie Berke vs. Chubb Group of Insurance Companies and Pacific Indemnity Company
This action was filed on October 3, 1996 in the Chancery Court. The Final Judgment was entered in the Trial Court on September 13, 2007. On appeal, we vacate and remand for a new trial inter alia due to the unreasonable delay by the Trial Court in rendering judgment. |
Hamilton | Court of Appeals |