Randy Bea Anderson v. State of Tennessee
The Petitioner, Randy Bea Anderson, appeals from the denial of post-conviction relief arising from his guilty plea to one count of aggravated burglary, one count of theft of property valued between $1,000 and $10,000, and one misdemeanor count of theft of property valued at $500 or less. On appeal, he contends he received ineffective assistance of counsel in connection with his guilty pleas. Upon review, we affirm the judgment of the post-conviction court. |
Maury | Court of Criminal Appeals | |
Dennis Miracle v. Roger Murray, et al.
This is an appeal from a Final Order and Judgment in a case arising out of a dispute over real property located in Roane County, Tennessee. There was no court reporter present for the trial. The Chancellor recused himself from the case post-judgment but before the record was prepared and transmitted for this appeal. The Circuit Court Judge accepted the case by interchange for purposes of resolving the parties' dispute regarding a statement of the evidence for inclusion in the record. The Circuit Court Judge concluded that he was unable to resolve the parties' dispute pursuant to Rule 24(f) of the Rules of Appellate Procedure, and granted a new trial. As a result, there is no longer a final judgment in the proceedings below, and this Court no longer has jurisdiction to consider this appeal. |
Roane | Court of Appeals | |
Tourie Bryant v. State of Tennessee
The petitioner, Tourie Bryant, appeals the denial of his petition for post-conviction relief. He pled guilty to one count of possession of a Schedule II controlled substance, a Class C felony, and received a six-year sentence in the Department of Correction. On appeal, he contends that his guilty plea was not entered knowingly and voluntarily because he was denied the effective assistance of counsel. Specifically, he contends that trial counsel was ineffective by: (1) failing to properly communicate with the petitioner; and (2) failing to “properly articulate” that the petitioner was waiving his right to appeal the denial of his motion to suppress by pleading guilty and failing to provide the petitioner with an opportunity to review the plea agreement terms prior to his acceptance. Following a thorough review of the record before us, we affirm the denial of post-conviction relief. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Tammy Marie Harbison
The Defendant-Appellant, Tammy Marie Harbison, entered an open guilty plea to one count of theft of property valued at more than $1,000 but less than $10,000 in the Lawrence County Circuit Court. As a Range I, standard offender, she received a three-year sentence, which was suspended following service of six months in incarceration. On appeal, the Defendant-Appellant contends that the trial court abused its discretion in denying her request for full probation. Upon review, we reverse the judgment of the trial court and remand for entry of a judgment sentencing the Defendant-Appellant to serve her three-year sentence on supervised probation. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. James Jordan Leggett
James Jordan Leggett appeals claiming that the trial court abused its discretion when it revoked his probation. Discerning no error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Auto-Owners Insurance Company v. Vanessa Holland, et al.
An insurance company which issued a commercial general liability policy to the owner of a lawn care business sought a declaratory judgment that the policy did not provide coverage for a claim brought by the parent of a child who was injured by the gate on a trailer which was used to transport lawn care equipment. The company appeals the denial of its motion for summary judgment. Having determined that the insurance policy does not provide coverage for the claim at issue, we reverse the judgment of the trial court and remand with instructions to grant summary judgment in favor of the insurance company. |
Franklin | Court of Appeals | |
William Lance Walker v. State of Tennessee
William Lance Walker (“the Petitioner”) filed a Petition for Post-Conviction Relief alleging ineffective assistance of counsel. The Petition was denied after a hearing. On appeal, the Petitioner asserts for the first time that trial counsel was ineffective for failing to call for the sequestration of witnesses during the Petitioner’s suppression hearing. We conclude that the Petitioner has waived this claim by failing to include it in the Petition and by failing to present any proof about this claim at the post-conviction hearing. Additionally, we conclude that, even if the issue were not waived, the Petitioner has failed to show that he was prejudiced by trial counsel’s alleged deficiency. We affirm the judgment of the post-conviction court. |
Marshall | Court of Criminal Appeals | |
Roger Joseph v. State of Tennessee
The petitioner, Roger Joseph, appeals the summary dismissal of his petition for post-conviction relief. The petitioner pled guilty to premeditated first degree murder and was sentenced to life imprisonment. In his instant petition, he contends that his guilty plea was not entered knowingly and voluntarily based upon the ineffective assistance of counsel. While acknowledging that the petition was filed well outside the statute of limitations, he claims that he has shown that due process requires the tolling of the statute based upon his mental condition. Based upon that assertion, he contends that the summary dismissal of the petition was erroneous. Following review of the record, we conclude that the law of the case doctrine prohibits our review of that issue and affirm the dismissal of the petition. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Bashan Murchison
Defendant, Bashan Murchison and his Co-Defendant, Garrick Graham, were convicted by a Sullivan County Jury of numerous drug offenses. Specifically, Defendant Murchison was convicted of delivery of .5 grams or more of cocaine within 1,000 feet of a school zone (count 9), sale of .5 grams or more of cocaine within 1,000 feet of a school zone (count 10), delivery of .5 grams or more of cocaine within 1,000 feet of a daycare (count 11), sale of .5 grams or more of cocaine within 1,000 feet of a daycare (count 12), facilitation of the delivery of .5 grams or more of cocaine (count 13), sale of .5 grams or more of cocaine (count 14), sale of .5 grams or more of cocaine within 1,000 feet of a school (count 15), delivery of .5 grams or more of cocaine within 1,000 of a school (count 16), conspiracy to sell more than 26 grams of cocaine within 1,000 feet of a school (count 21) and conspiracy to deliver more than 26 grams of cocaine within 1,000 feet of a school (count 22). Count 10 charging Defendant Murchison with sale of more than .5 grams of cocaine within 1,000 feet of a school was dismissed by the trial court upon motion by the State. The trial court merged counts 11 and 12, counts 13 and 14, counts 15 and 16, and counts 21 and 22. Defendant Murchison received twelve-year sentences for counts 11, and 14. He received twenty-five-year sentences for counts 9, 15, and 21. The trial court imposed concurrent sentences for counts 11, 14, 15, and 21 to be served consecutively to the twenty-five-year sentence in count 9 for an effective fifty-year sentence. On appeal, Defendant Murchison raises the following issues: (1) that the trial court erred by admitting laboratory reports prepared by the TBI forensic scientists and forensic drug chemists concerning testing on the substances purchased by Mr. Dukes from Defendants Murchison and Graham; (2) the evidence was insufficient to support Defendant Murchison's convictions; (3) the trial court erred in denying Defendant Murchison's Batson challenge; (4) the trial court erred in denying Defendant Murchison's request to determine the competency of the CI; (5) the trial court erred by allowing the State to “repeatedly” show the CI his statement to refresh his recollection; (6) the State committed prosecutorial misconduct; (7) the trial court erred by not severing the offenses; and (8) the trial court incorrectly sentenced Defendant Murchison. Defendant Graham also filed an appeal which is addressed in a separate opinion of this court. Following our review of the parties' briefs, the record, and the applicable law, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
Craig Beene v. State of Tennessee
The petitioner, Craig Beene, appeals the summary dismissal of his petition for the writ of habeas corpus. Because the petitioner failed to follow the procedural requirements governing the writ of habeas corpus and failed to state a cognizable claim for relief, we affirm the dismissal of the petition. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Amilcar C. Butler
The defendant, Amilcar C. Butler, appeals the denial of his Rule 36.1 motion to correct an illegal sentence. On appeal, he argues that he illegally received concurrent sentences when he should have received consecutive sentences. Following our review, we affirm the judgment of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Horace Dunlap
The defendant, Horace Dunlap, appeals the denial of his Rule 36.1 motion to correct an illegal sentence. Because the defendant’s sentences have expired, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. William Whitlow Davis, Jr.
We granted permission to appeal in this case to determine whether the traffic stop of the Defendant, William Whitlow Davis, Jr., violated the constitutional rights of the Defendant. The arresting officer initiated the stop after observing the Defendant cross the double yellow center lane lines with the two left wheels of the Defendant’s car. The Defendant subsequently was charged with driving under the influence and a traffic violation. The Defendant filed a motion to suppress, contending that the traffic stop was unconstitutional. After a hearing, the trial court denied the motion to suppress. The Defendant then pleaded guilty to driving under the influence and reserved a certified question of law regarding the legality of his traffic stop. The Court of Criminal Appeals affirmed the judgment. We hold that the traffic stop was supported by probable cause. Therefore, we affirm the Defendant’s judgment of conviction. |
Knox | Supreme Court | |
David C. Jayne v. Bass Annie Cosmetic Boat Repair
Because the order appealed is not a final judgment, we must dismiss this appeal for lack of jurisdiction. |
Shelby | Court of Appeals | |
State of Tennessee v. Linzey Danielle Smith
We granted permission to appeal in this case to determine whether the traffic stop of the Defendant, Linzey Danielle Smith, violated the constitutional rights of the Defendant. The arresting officer initiated the stop after observing the Defendant once cross and twice touch the fog line marking the outer right lane boundary on an interstate highway. After being pulled over, the Defendant was charged with alternative counts of driving under the influence. The Defendant filed a motion to suppress, contending that the traffic stop was unconstitutional. After a hearing, the trial court denied the motion to suppress. The Defendant then pleaded guilty to driving under the influence and reserved a certified question of law regarding the legality of her traffic stop. The Court of Criminal Appeals affirmed the judgment. We hold that the traffic stop was supported by reasonable suspicion and therefore met constitutional requirements. Accordingly, we affirm the Defendant’s judgment of conviction. |
Williamson | Supreme Court | |
State of Tennessee v. Valdez Domingo Wilson
Appellant, Valdez Domingo Wilson, pleaded guilty to possession with intent to sell more than twenty-six grams of a substance containing cocaine, possession with intent to sell not less than one-half ounce but not more than ten pounds of marijuana, possession with intent to sell less than 200 grams of a Schedule II controlled substance, and possession of drug paraphernalia. Appellant received a total effective sentence of ten years in confinement. As part of the plea agreement, appellant reserved a certified question of law that challenged the denial of his motion to suppress. On appeal, he argues that the trial court improperly denied his motion to suppress evidence discovered in his vehicle and home. Following our review of the briefs, the record, and the applicable law, we dismiss appellant’s appeal. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Dwight David Foster
Appellant, Dwight David Foster, pleaded guilty to possession of less than point five (.5) grams of methamphetamine with intent to sell or deliver, a Class C felony; simple possession of marijuana, a Class A misdemeanor; simple possession of buprenorphrine, a Schedule III controlled substance, a Class A misdemeanor; and possession of drug paraphernalia, a Class A misdemeanor. He received the agreed-upon effective sentence of five years as a Range I, standard offender to be served in the Tennessee Department of Correction. Pursuant to the plea agreement, he certified a question for our review. Upon the record, we affirm the judgments of the trial court. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. James Edward Church
Defendant, James Edward Church, was indicted by the Davidson County Grand Jury for three counts of rape of a child in Counts 1-3, five counts of aggravated sexual battery in Counts 4-8, and two counts of sexual battery by an authority figure in Counts 9-10. Upon motion by the State, Counts 9 and 10 were stricken from the indictment. Upon the State’s election of offenses, Count 3 was amended to allege aggravated sexual battery. A jury found Defendant guilty as charged on all counts. Following a sentencing hearing, the trial court imposed an effective sentence of 60 years to be served at 100 percent. Defendant appeals his convictions and sentences. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jodi N. Teets
Defendant, Jodi N. Teets, appeals her Robertson County conviction for assault. Her single issue on appeal is a claim of insufficient evidence of bodily injury to sustain a conviction for an assault. Upon our review of the record, we affirm the judgment of the trial court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Jacob A. Wright
The defendant, Jacob A. Wright, appeals the revocation of the probationary sentence imposed for his Davidson County Criminal Court conviction of kidnapping. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Melody Danielle Corum
Appellant, Melody Danielle Corum, entered guilty pleas to seven counts of aggravated burglary, seven counts of theft of property, one count of tampering with evidence, and one count of vandalism, for which she received the agreed-upon effective sentence of twelve years, suspended after time served. Appellant’s probation was revoked after she was convicted of an additional theft of property offense; the trial court reinstated her probation and added a consecutive four-year sentence, suspended to probation, to her probationary term, for an effective sixteen-year term of probation. The State obtained the instant probation of violation warrant alleging that appellant was found to be in possession of controlled substances, that she admitted using controlled substances, and that she had failed to pay restitution as required. Following a hearing, the trial court revoked appellant’s probation and ordered her sentence into execution. Appellant appeals the revocation, alleging that the trial court abused its discretion. We affirm. |
Lawrence | Court of Criminal Appeals | |
Rhyunia Lamont Barnes v. State of Tennessee
A Davidson County jury convicted the Petitioner, Rhyunia Lamont Barnes, of first degree premeditated murder, and the trial court sentenced him to life in prison. The Petitioner appealed, arguing that there was newly discovered evidence. This Court affirmed the Petitioner’s conviction. State v. Rhyunia Lamont Barnes, No M2010-00631-CCA-R3-CD, 2002 WL 1358717, at *1 (Tenn. Crim. App., at Nashville, June 24, 2008), perm. app. denied (Tenn. Dec. 2, 2002). In 2009, the Petitioner filed a petition for a writ of error coram nobis, which the coram nobis court summarily dismissed on the basis of it being untimely filed. This Court affirmed that judgment. In 2015, the Petitioner filed this, his second petition for a writ of error coram nobis, alleging that he had newly discovered evidence in the form of an ATF report that exonerated him as well as some emails between his attorney and the prosecutor that indicated his innocence. The coram nobis court summarily dismissed the petition, finding that it was untimely filed and that the allegations contained therein, even taken as true, did not prove his innocence or that the result of his trial would have been different. On appeal, the Petitioner contends that the coram nobis erred when it summarily dismissed his petition and that he is entitled to coram nobis relief. After a thorough review of the record and applicable authority, we affirm the coram nobis court’s judgment. |
Davidson | Court of Criminal Appeals | |
Darrell Kennedy v. State of Tennessee
Petitioner, Darrell Kennedy, was convicted of one count of aggravated rape and two counts of theft of property, for which he received an effective sentence of forty-one years in confinement. He filed a request pursuant to The Post-Conviction DNA Analysis Act of 2001 seeking retesting of various swabs that were analyzed in 1993. The post-conviction court denied relief, and this appeal follows. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
William Goetz v. Donel Autin, et al.
This is an appeal from the trial court‘s grant of a Tennessee Rule of Civil Procedure 12.02(6) motion to dismiss. In the proceedings below, the plaintiff filed an amended complaint alleging that false and defamatory statements made about him by the defendants, along with the defendants‘ subsequent lawsuit against him, caused him to suffer severe physical and emotional distress and incur $150,000 in attorney‘s fees. The trial court dismissed the amended complaint after determining that it fails to state a claim upon which relief could be granted. Having reviewed the amended complaint and thoroughly considered the arguments raised on appeal, we affirm. |
Shelby | Court of Appeals | |
David Hughes v. Meridian Property Management LLC
Appellant rented property managed by Appellee. Appellee filed a forcible entry and detainer action in the Shelby County General Sessions Court and was awarded possession of the rental property and past due rents. Appellant did not appeal this judgment. Rather, Appellant filed a separate civil warrant in general sessions court, seeking to be restored to possession of the property. Appellee filed a Tennessee Rule of Civil Procedure 12.02(6) motion to dismiss on the ground that the question of possession of the property was res judicata based on the general sessions court‘s prior adjudication. The general sessions court granted Appellee‘s motion, and Appellant, relying on the civil warrant filed in the second general sessions‘ case, appealed to the Shelby County Circuit Court. Again, Appellee moved for dismissal. The trial court granted Appellee‘s motion, finding that it did not have jurisdiction to address the question of possession of the rental property as this question was res judicata. Appellant appeals. Discerning no error, we affirm and remand. |
Shelby | Court of Appeals |