State of Tennessee v. Danny Ray Dunn
Appellant, Danny Ray Dunn, entered guilty pleas without recommended sentences to four counts of vehicular assault, one count of reckless aggravated assault, one count of driving under the influence, one count of driving on a revoked license, and one count of violation of the financial responsibility law. Following a sentencing hearing, the trial court sentenced him to an effective twenty-year sentence consisting of five consecutive sentences of four years each for the assaultive offenses; eleven months, twenty-nine days for driving under the influence; six months for driving on a revoked license; and thirty days for violation of the financial responsibility law, to be served in the Tennessee Department of Correction. Appellant challenges the length of his sentences, sentence alignment, denial of a suspended sentence, and denial of his motion to withdraw his guilty plea. Upon our review of the record, we affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Stephen Bartholomew Gillard
A Davidson County jury convicted the Defendant, Stephen Bartholomew Gillard, of possession of a controlled substance, third offense. On appeal, the Defendant challenges the prior conviction evidence introduced at trial to support the third offense classification for possession of a controlled substance. After a thorough review of the record and applicable law, we affirm the trial court’s judgment. |
Davidson | Court of Criminal Appeals | |
Ira Minnifee, Jr. v. State of Tennessee
The Petitioner, Ira Minnifee, Jr., appeals the denial of post-conviction relief by the Criminal Court for Knox County. He originally entered guilty pleas to one count of possession of more than one gram of cocaine with the intent to sell within a thousand feet of a school and six counts of half a gram of cocaine or more within a thousand feet of a school, all Class A felonies. Pursuant to the plea agreement, he received an effective sentence of twenty years. In this appeal, the Petitioner contends that he received ineffective assistance of counsel due to counsel’s failure to adequately investigate his case. Consequently, the Petitioner claims he did not enter a knowing and voluntary guilty plea. Upon review, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Dustin Lee Swaney
The Defendant-Appellant, Dustin Swaney, entered a plea of guilty to abuse of a child under the age of eight, a Class D felony, with the court to determine the length and manner of service of sentence. After a sentencing hearing, Swaney was sentenced to three years and six months’ confinement. The sole issue presented for our review is whether the trial court abused its discretion in imposing sentence. Upon review, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
Waste Connections of Tennessee, Inc. v. The Metropolitan Government of Nashville & Davidson County, Tennessee
The dispositive issue in this land use appeal highlights important legal distinctions between when a local governmental body is functioning in a legislative capacity or an administrative capacity, and what can go wrong when the governmental body fails to conduct its meetings pursuant to the proper legal standards. When the local governmental body is enacting laws, such as zoning ordinances, it is functioning in a legislative capacity; however, when the governmental body is implementing existing zoning ordinances it is functioning as an administrative body or board. In this case the Council of the Metropolitan Government of Nashville and Davidson County, Tennessee (“Metro Council”) was functioning as an administrative board, not in a legislative capacity, when it disapproved an application for the location of a waste transfer station located on property zoned “industrial restrictive.” When the application was disapproved, the applicant filed a petition for common law writ of certiorari seeking to set aside the disapproval on the ground that it was illegal, arbitrary, fraudulent, and/or capricious because the Metro Council failed to comply with the requirements of Metropolitan Code § 17.40.280 by making a decision for the sole reason that local residents opposed the station, and not because the proposed use was “consistent or not consistent” with the requirements of Metro Code § 17.16. The trial court dismissed the petition and this appeal followed. Under the common law writ of certiorari standard, our review of the Metro Council’s administrative decision is limited to determining whether the decision is clearly illegal, arbitrary, or capricious. An administrative decision that is not supportedby substantial and material evidence is, by definition, arbitrary and capricious.This record is devoid of any substantial or material evidence to support the decision to disapprove the location for a waste transfer station; accordingly, the decision was arbitrary. We, therefore, reverse the trial court’s dismissal of the common law petition for writ of certiorari and remand with instructions to set aside the Metro Council’s disapproval of the location and to order that the application for a special exception be submitted to the Board of Zoning Appeals for its consideration pursuant to Metro Code § 17.40.280. |
Davidson | Court of Appeals | |
In the Matter of: Justin K., Courtney K., Eva K.
Mother’s parental rights to three children were terminated based on her abandonment, failure to comply with family permanency plans the Department of Children’s Services developed, and persistence of the conditions that required removal of the children initially. Mother appealed, and we affirm the trial court’s judgment. The trial court’s findings are supported by clear and convincing evidence. |
Montgomery | Court of Appeals | |
Northland Insurance Company v. Michael Burton and Donald Burton d/b/a Burton Brothers Trucking
Insurance Company provided Trucking Company with a general liability insurance policy that included the MCS-90 endorsement required by the Motor Carrier Act of 1980. A woman who was a passenger in the insured’s tractor made a claim against Insurance Company for injuries she sustained after the tractor turned over. Insurance Company paid the woman’s claim even though she had not filed a complaint or obtained a judgment against Trucking Company/Insured. Insurance Company then filed a complaint against Trucking Company seeking reimbursement for the amount it paid out. Trial court awarded Insurance Company reimbursement. We reverse because no judgment had been obtained against Trucking Company when Insurance Company paid the woman’s claim. The MCS-90 endorsement is not triggered unless an injured member of the public recovers a final judgment against a motor carrier/insured. Therefore, Insurance Company had no right of reimbursement. |
Warren | Court of Appeals | |
Charles Rice v. State of Tennessee
The Petitioner, Charles Rice, appeals from the judgment of the Shelby County Criminal Court denying his petition for post-conviction relief. A Shelby County jury convicted the Petitioner of premeditated first degree murder and felony murder and imposed a sentence of death. The Tennessee Supreme Court affirmed the Petitioner’s convictions and sentence on direct appeal. See State v. Rice, 184 S.W.3d 646 (Tenn. 2006). On appeal, the Petitioner challenges the effectiveness of his counsel’s representation in both the guilt and penalty phases of the trial. We hold that the post-conviction court properly found that the Petitioner received effective assistance of counsel at trial. The judgment of the post-conviction court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Curtis Stanton
A Shelby County Criminal Court Jury convicted the appellant, Curtis Stanton, of the first degree premeditated murder of the victim, Regina Tidwell. The trial court sentenced the appellant to life imprisonment in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his conviction. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jason Allen Cobb
A Hardeman County jury convicted appellant, Jason Allen Cobb, of second degree murder. The trial court sentenced him to twenty-three years in the Tennessee Department of Correction. On appeal, appellant contends that (1) the trial court erred in admitting improper character evidence; (2) a witness’s false testimony violated his right to a fair trial; (3) the State engaged in prosecutorial misconduct; (4) the evidence was insufficient to support his conviction; and (5) the trial court erred in ordering him to serve his sentence in this case consecutively to his sentence in another case. Upon review of the record, the parties’ briefs, and applicable law, we affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
George Emrich, et al. v. Taylor Adams, et al.
In this post-trial dispute George Emrich and Mary Emrich (“Plaintiffs”) appeal the Trial Court’s order on Taylor Adams, Wanda Adams, and Adams Roofing Company, LLC’s (“Defendants”) emergency motion for relief from order and Plaintiffs’ motion for sanctions, among other things. We find no error in the Trial Court’s March 9, 2012 order, and we affirm. |
Loudon | Court of Appeals | |
Russell E. Downing, II v. Day & Zimmerman, NPS, Inc., et al.
An employee suffered multiple injuries in a work-related accident in November 2006 when a fan located in a boiler in which he was working suddenly deployed, causing him to lose his footing and fall. After providing medical treatment, the employer denied the employee’s claim for workers’ compensation benefits, and the employee sought additional medical treatment. The trial court found the claim to be compensable and awarded the employee permanent total disability benefits. The trial court imposed no liability on the Second Injury Fund. We affirm the trial court’s judgment. |
Henry | Workers Compensation Panel | |
State of Tennessee v. Shelton Hall
The Defendant-Appellant, Shelton Hall, appeals the revocation of his Rutherford County Circuit Court community corrections sentence. Following his revocation hearing, Hall was ordered to serve consecutive sentences of eight years for his two convictions for the sale of .5 grams or more of cocaine and twelve years for his convictions for the sale of .5 grams or more of cocaine and the sale of less than .5 grams of cocaine within 1000 feet of a school zone in the Tennessee Department of Correction. On appeal, Hall argues that (1) his probation officer wrongfully violated his community corrections sentence without just cause, and (2) the trial court abused its discretion in declining to appoint counsel, in determining that he had waived his issues, and in failing to consider his "Motion for Reconsideration of Judgment Orders" and "Motion for Modification of Judgment Orders." Upon review, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Taiwan S. Hoosier
The Defendant-Appellant, Taiwan S. Hoosier, entered a guilty plea to three counts of aggravated assault, Class C felonies, in the Montgomery County Circuit Court. He was sentenced to five years each on two counts and six years on the third. The trial court ordered these sentences to be served consecutively, for an effective sentence of sixteen years in the Tennessee Department of Correction. On appeal, Hoosier claims the trial court erred in imposing a consecutive sentence. Upon review, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Jermaine Johnson
The Defendant-Appellee, Jermaine Johnson, was indicted for one count of possession with intent to sell or deliver .5 grams or more of cocaine in a drug-free zone. The trial court granted in part and denied in part Johnson’s motion to suppress evidence. Pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure, we granted the State’s interlocutory appeal challenging the trial court’s suppression of 14.5 grams of cocaine found near Johnson, and we granted Johnson’s cross-appeal of the denial of his motion to suppress 1.43 grams of cocaine found on him. Upon review, we affirm the partial denial of Johnson’s motion, reverse the court’s decision to suppress evidence, and remand the case for further proceedings consistent with this opinion. |
Davidson | Court of Criminal Appeals | |
Frances G. Rodgers, et al. v. John Adam Noll, III
Frances G. Rodgers, as next friend of minors Julia Amber Noll and Joshua Aidan Noll (“Plaintiff”) sued John Adam Noll (“Defendant”) for the alleged wrongful death of their mother, Lori Bible Noll (“Deceased”). During discovery, Defendant filed multiple motions alleging discovery violations. After a hearing the Trial Court entered its order on April 25, 2012, which, among other things, imposed sanctions for certain discovery violations and then dismissed Plaintiff’s case due to discovery violations. Plaintiff appeals to this Court. We find and hold that dismissal was too severe a sanction for the discovery violations found. We reverse the dismissal; remand to the Trial Court for a more appropriate award of sanctions; and affirm the remaining specific sanctions awarded by the Trial Court and the remainder of the Trial Court’s April 25, 2012 order. |
Knox | Court of Appeals | |
State of Tennessee v. Gretchen Rochowiak
The defendant, Gretchen Rochowiak, appeals the Sullivan County Criminal Court’s denial of judicial diversion for her convictions of conspiracy to introduce contraband into a penal institution and introduction of buprenorphine into a penal institution. Discerning no error, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
Angela K. Thomas v. Jeffery K. Thomas
In this post-divorce appeal, Husband appeals the trial court’s imputation of income to him for the purpose of setting his alimony and child support obligations, the determination of parenting time, and the award of a retirement account to Wife. Finding no error, we affirm the trial court. |
Rutherford | Court of Appeals | |
Earl Greenwood v. Christi Purrenhage
Father seeks additional time with the children, alleging that a failed attempted reconciliation created a material change in circumstances. The trial judge found no material change in circumstances. We affirm. |
White | Court of Appeals | |
Elgene Porter v. State of Tennessee
Elgene Porter ("the Petitioner") was convicted by a jury of conspiracy to commit aggravated burglary, aggravated burglary, attempted aggravated robbery, aggravated rape, and two counts of aggravated kidnapping. The trial court sentenced the Petitioner as a Range I, violent offender to an effective sentence of forty-two years’ incarceration at 100%. The Petitioner subsequently filed for post-conviction relief, which the post-conviction court denied following an evidentiary hearing. The Petitioner now appeals, arguing that he received ineffective assistance of counsel. Upon our thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Jose L. Hidalgo
The Defendant, Jose L. Hidalgo, was convicted by a Davidson County jury of four counts of sexual battery by an authority figure, one count of aggravated rape, one count of aggravated child abuse, and one count of aggravated child neglect. Thereafter, the aggravated child neglect conviction was merged with the aggravated child abuse conviction. The Defendant received sentences of four years for each count of sexual battery by an authority figure, twenty years for the aggravated rape conviction, and ten years for the aggravated child abuse conviction. The trial court ordered each of the four-year sentences to run concurrently with one another but consecutive to the remaining sentences of twenty and ten years, which were likewise to be served consecutively, resulting in a total effective sentence of thirty-four years. On appeal, the Defendant raises the following issues for our review: (1) whether the trial court erred by allowing the victim’s mother to testify in rebuttal as to when the victim reported the sexual abuse to her; (2) whether the evidence was sufficient to support his aggravated child neglect conviction; and (3) whether partial consecutive sentences were appropriate. Following our review, we affirm the jury’s verdicts of guilt for each offense and the imposition of consecutive sentencing. However, we remand for entry of corrected judgment of conviction forms to properly reflect the counts as numbered in the amended indictment and the merger of the aggravated child neglect conviction into the aggravated child abuse conviction. The judgments are affirmed in part and vacated in part, and this case is remanded to the trial court for further proceedings in accordance with this opinion. |
Davidson | Court of Criminal Appeals | |
Lance Vogel v. State of Tennessee
The Petitioner, Lance Vogel, appeals the denial of post-conviction relief from his convictions of possession of over half a gram of methamphetamine with intent to sell or deliver, initiating a process intended to result in the manufacture of methamphetamine, possession of a controlled substance, and habitual traffic offender, for which he received an effective forty-year sentence. In this appeal, he contends that he received the ineffective assistance of counsel. Upon review, we affirm the judgment of the post-conviction court. |
Warren | Court of Criminal Appeals | |
Huedel Sparkman v. State of Tennessee
Much aggrieved by his conviction of possession of cocaine with intent to sell or deliver, the petitioner, Huedel Sparkman, sought post-conviction relief in the Marshall County Circuit Court, alleging that, among other things, he was deprived of the effective assistance of counsel at trial. Following an evidentiary hearing, the post-conviction court denied relief. On appeal, the petitioner contends that trial counsel performed deficiently by failing to file two motions to suppress. Discerning no error, we affirm the order of the post-conviction court. |
Marshall | Court of Criminal Appeals | |
Dakota Cisneros v. State of Tennessee
The Petitioner, Dakota Cisneros, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2010 convictions upon guilty pleas for aggravated sexual battery and three counts of aggravated robbery and his effective twenty-four-year sentence. On appeal, the Petitioner contends that the trial court erred by finding that his guilty pleas were knowing, voluntary, and intelligent. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Eugene M. Hogbin
A Cheatham County Circuit Court jury convicted the defendant, Eugene M. Hogbin, of two counts of aggravated sexual battery. The trial court imposed an effective sentence of 20 years’ incarceration. On appeal, the defendant challenges both the length and the alignment of the trial court’s sentencing determination. Discerning no reversible error, we affirm the judgments of the trial court. |
Cheatham | Court of Criminal Appeals |