State of Tennessee v. Jeremy O'Neal
On October 1,2007, Appellant, Jeremy O’Neal, pled guilty in Blount County to one count of felony robbery. He was originally placed on judicial diversion. On April 5, 2010, the trial court set aside Appellant’s judicial diversion for violating the terms thereof. The trial court sentenced Appellant to six years with split confinement of thirty-five days with the remainder to be served on probation. Appellant’s probation officer subsequently filed a violation of probation report in September 2010. After conducting a probation revocation hearing, the trial court determined that Appellant had violated the terms of his probation and revoked Appellant’s probation. The trial court ordered Appellant to serve the balance of his six year sentence in incarceration. Appellant argues on appeal that the trial court abused its discretion in ordering Appellant to serve his sentence in incarceration. We conclude that there is ample evidence to support the trial court’s decision to revoke Appellant’s probation and to order him to serve the balance of his sentence in incarceration. Therefore, we affirm the revocation of probation and the order that Appellant to serve the balance of his sentence in incarceration. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Billy Tate, a/k/a James Moore, a/k/a Larry Moore
Appellant, Billy Tate, a/k/a James Moore, a/k/a Larry Moore, was indicted by the Hamilton County Grand Jury for burglary of a business and theft of property. Appellant was convicted of burglary of a business and theft of property valued at more than $1,000. As a result, Appellant was sentenced to twelve years of incarceration as a Career Offender. The trial court denied a motion for new trial. On appeal, Appellant complains that the trial court erred in denying the motion to suppress; the trial court erred in failing to grant a mistrial; and the trial court erred in admitting testimony about “bootprints” left at the scene of the crime. Because Appellant has failed to provide an adequate record for review on appeal, these issues are waived, and the judgments of the trial court are affirmed. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Ricky Ronell Jones
The appellant, Ricky Ronell Jones, pled guilty to rape, incest, and two counts of sexual battery relating to his eldest daughter and was convicted at trial of rape of a child and incest relating to his youngest daughter. He received a total effective sentence of thirty-seven years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his convictions and the imposition of consecutive sentencing. Upon review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Latasha Reid
The appellant, Latasha Reid, pled guilty in the Madison County Circuit Court to nine counts of identity theft and one count of felony theft. She received an effective four-year probation sentence for the identity theft convictions and a two-year probation sentence for the felony theft conviction, to be served consecutively, for a total effective sentence of six years. Almost six years later, the trial court revoked the appellant’s probation and ordered her to serve her entire sentence anew. On appeal, the appellant contends, and the State concedes, that the trial court erred by ordering her to serve her effective six-year sentence anew because part of the sentence had expired. Based upon the record and the parties’ briefs, we reverse the trial court’s revocation of the appellant’s expired four-year probation sentence. The trial court’s revocation of the appellant’s two-year probation sentence is affirmed. |
Madison | Court of Criminal Appeals | |
In Re Estate of Roger Washington Bouldin
Daughter of decedent filed claim against estate. The probate court dismissed the daughter’s claim on the ground that it was not timely filed. We affirm the trial court’s decision. |
Lewis | Court of Appeals | |
Cherokee Insurance Company, Inc. v. Ralph McNabb
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. Ralph McNabb (“Employee”) sustained a right rotator cuff tear as the result of a motor vehicle collision while employed as a truck driver by Everhart Transportation (“Employer”). Employer was insured for workers’ compensation by Cherokee Insurance Company, Inc. (“Insurer”). Employee underwent surgical repair of his right rotator cuff and was returned by Employer to a different, part- ime position. Employee suffered a recurrent rotator cuff tear and thereafter retired. It is undisputed that Employee was not returned to employment at the same or greater wage than prior to his injury. Employee’s treating physician and his evaluating physician both assigned him an anatomical impairment rating of 10% to the body as a whole, but with different restrictions. The trial court awarded 60% permanent partial disability (“PPD”) to the body as a whole. Insurer has appealed, asserting that the award was excessive. We affirm the judgment. |
Greene | Workers Compensation Panel | |
State of Tennessee v. Frederick Edward Braxton and Leonard Cardell Harris
The Defendants, Frederick Edward Braxton and Leonard Cardell Harris, were indicted for attempted premeditated first degree murder. Additionally, Defendant Braxton was charged with possession of marijuana, which was severed as unrelated. Following a jury trial, Defendants were convicted of attempted second degree murder. Defendant Braxton was sentenced to serve nineteen years in confinement as a Range II offender, and Defendant Harris was sentenced to serve eleven years in confinement as a Range I offender. On appeal, both Defendants argue that (1) the evidence was insufficient to support the convictions, and that the trial court erred in denying their motion for judgments of acquittal; (2) the trial court erred in precluding Defendants from questioning the victim about being previously shot in a home burglary and about the victim’s prior arrest sixteen months before the shooting; (3) their sentences are excessive; and (4) trial counsel were ineffective for failing to request a juryinstruction on the lesser-included offense of reckless endangerment. Defendant Braxton argues that the trial court erred in allowing the jail custodian of records to testify in rebuttal concerning Defendant Braxton’s period of confinement in the Davidson County jail; (b) trial counsel was ineffective for (i) failing to object to the sentence or request a continuance when the State did not provide proper notice of intent to seek enhanced punishment or provide certified copies of the convictions; (ii) failing to amend the original notice of alibi, filed by previous counsel, to include an additional witness; (iii) failing to investigate possible defenses and alibi witnesses; (i.v.) failure to adequately meet with Defendant Braxton and prepare for trial. Defendant Harris argues that trial counsel was ineffective for asking the victim about a prior altercation with Defendant Harris which opened the door to the victim’s testimony about an earlier attempt by Defendant Harris to harm or kill the victim. After careful review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Kerry Douglas Calahan
A Marshall County Circuit Court jury convicted the appellant, Kerry Douglas Calahan, of aggravated assault, aggravated criminal trespass, simple assault, two counts of theft of property valued less than five hundred dollars, and resisting arrest. After a sentencing hearing, the appellant received an effective sentence of six years, six months to be served in confinement. On appeal, the appellant contends that the evidence is insufficient to support his conviction foraggravated assaultand thathissentence foraggravated assaultis excessive. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Karen Ann Matthews
Following her Davidson County General Sessions Court conviction of criminal contempt based upon the violation of an order of protection, the defendant, Karen Ann Matthews, was charged via an indictment returned by the Davidson County grand jury with violating an order of protection, see T.C.A. § 39-13-113 (2006). The trial court granted the defendant’s motion to dismiss the indictment as violative of double jeopardy principles. In this State appeal, the State contends that the trial court erred by dismissing the indictment because convictions for criminal contempt and violating an order of protection do not violate double jeopardy principles. Discerning no error in the judgment of the trial court, we affirm. |
Court of Criminal Appeals | ||
SecurAmerica Business Credit v. Karl Schledwitz and Terry Lynch
This is a guaranty case. Appellants personally guaranteed a line of credit for their trucking company. Later, Appellants sold the trucking company to two employees, but were not released by the Appellee lender from their guaranties. Under new ownership, the company falsified borrowing documents so that more money was extended on the line of credit than was collateralized per the loan agreement. This was done with the complicity of the lender, but without the knowledge of the guarantors. The debtor trucking company defaulted, and the lender sought repayment of the loan from the guarantors. Following a bench trial, the trial court found Appellants liable for their personal guaranties, but denied prejudgment interest and punitive damages due to what the court characterized as the fraudulent actions of Appellee. In an apparent clerical mistake, on the same date that the trial court entered its final judgment, it also entered an order voluntarily dismissing all claims against Appellants. More than a year later, the trial court entered an order clarifying its prior order of dismissal. After a thorough review of the record, we conclude that: (1) the trial court properly afforded Appellee relief under Tenn. R. Civ. P. 60.01 to clarify its prior order of dismissal; and (2) the trial court made incomplete and contradictory findings of fact and conclusions of law, such that further appellate review is precluded. Consequently, we vacate and remand for additional findings. |
Shelby | Court of Appeals | |
State of Tennessee v. Ezra Taylor Shelton
Defendant, Ezra Taylor Shelton, was charged with first degree premeditated murder and felony murder. Following a jury trial, he was convicted of second degree murder and voluntary manslaughter. The trial court merged the offenses and imposed a sentence of fifteen years in the Department of Correction for the resulting conviction of second degree murder. On appeal, Defendant argues that (1) the evidence was insufficient to support his conviction for second degree murder; and (2) the trial court failed to “properly address an improper statement made by the prosecution during closing arguments.” After a thorough review of the record, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Sara Ann (Spencer) Wangerin v. Shawn Allen Wangerin
In an action for divorce and custody, Father appeals the trial court’s decision to declare Mother the primary residential parent of the parties’ minor child. Because Father failed to file a transcript or statement of the evidence pertaining to a portion of the trial, we affirm the judgment of the trial court |
Montgomery | Court of Appeals | |
K.B.J. v. T.J.
This is a contested divorce case involving two minor children. K.B.J. (“Husband”) was the first to file a complaint for divorce. T.J. (“Wife”) answered his complaint and coupled a counterclaim with her answer. The trial court found that Husband was guilty of inappropriate marital conduct and awarded Wife a divorce, but made Husband the primary residential parent of the minor children with final authority on certain parental decisions. The court ordered equal parenting time on an alternating week basis. It also denied Wife’s request for spousal support and allocated to her approximately $32,350 of the marital debt. Wife appeals. We reverse that part of the judgment making Husband the primary residential parent with final decision-making authority and modify the parenting schedule. In all other respects, the judgment of the trial court is affirmed. |
Hamblen | Court of Appeals | |
State of Tennessee v. Emory Leslie Letson
In a three-count indictment returned by the Hamilton County Grand Jury, Defendant, Emory Leslie Letson, was charged in Count 1 with attempted first degree murder of Jason Kellogg, and in Counts 2 and 3, with reckless endangerment with a deadly weapon, with each count involving a different named victim. Pursuant to a negotiated plea agreement, Count 1 was amended to a charge of aggravated assault to which Defendant pled guilty. He also pled guilty to Count 2 as charged (which involved a minor as the victim), and Count 3 was dismissed. Pursuant to the agreement, the length and manner of service of sentences for the convictions was determined by the trial court. Defendant was sentenced to serve six years as a Range I standard offender for the aggravated assault conviction, and to serve two years as a Range I standard offender for the reckless endangerment conviction. The sentences were ordered to be served concurrently with each other, and all forms of alternative sentencing were denied. On appeal, Defendant argues that the sentences are excessive and that the trial court erred by denying full probation or some other form of alternative sentencing. After a review of the record and the briefs, we affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
In Re: Maddox B.S., et al
Lyndsey S. (“Mother”) and Trey S. (“Father”) are the biological parents (“Parents”) of Maddox B.S. and Rylie M.S. (“Children”). Veronda S. and James S. (“Grandparents”) are the paternal grandparents of Children. Mother, acknowledging that her consent would result in the termination of her parental rights, sought to consent to the adoption of Children by Grandparents. Grandparents and Mother petitioned the trial court to terminate Mother and Father’s parental rights and allow Grandparents to adopt Children. The court accepted Mother’s consent and terminated her parental rights. The court terminated Father’s parental rights in a default judgment, citing abandonment as the ground for the termination of Father’s rights. Shortly thereafter, Mother moved the court to set aside the final order of adoption, citing fraud and duress as grounds. Father also moved the court to set aside the termination of his parental rights and the order of adoption, citing fraud and misrepresentation as grounds. Mother and Father subsequently alleged that the court failed to enter findings of fact and conclusions of law as to whether the termination of Father’s parental rights was in the best interest of Children. The trial court found that it had failed to enter sufficient findings of fact and conclusions of law and set aside the final order of adoption. Mother then sought to revoke her consent. The trial court allowed the revocation, finding that the final order of adoption that had been set aside was the only document in which Mother had consented to the termination of her parental rights and subsequent adoption. Grandparents appeal the court’s action of setting aside the order, the allowance of Mother’s revocation of consent, and the dismissal of the case. We affirm the decision of the trial court. |
Hamilton | Court of Appeals | |
James W. Grooms, Jr. v. State of Tennessee
The State of Tennessee (“the State”) appeals the Hawkins County Circuit Court’s determination that the Department of Safety could not suspend James W. Grooms, Jr.’s handgun permit because the permit had been confiscated previously by a police officer, and Mr. Grooms, therefore, was unable to surrender the permit. We reverse. |
Hawkins | Court of Appeals | |
John D. Glass v. SunTrust Bank, Trustee of The Ann Haskins Whitson Glass Trust; SunTrust Bank, Executor of the Estate of Ann Haskins Whitson Glass; and William Glass
This is an appeal from an action originally filed in the Chancery Court of Shelby County, seeking damages for Appellees’ alleged breach of trust, breach of fiduciary duty, mismanagement, negligence, and breach of duty to diversify in its roles as executor of Decedent’s estate and Decedent’s successor trustee. Decedent’s son, the Appellant herein, filed his original suit in the Probate Court of Shelby County, seeking return of administrative costs and fees charged by Appellee. The probate court affirmed the fees, and Appellant filed a subsequent complaint in the chancery court. The chancery court complaint was eventually transferred to the probate court, where it was dismissed on grounds of collateral estoppel and res judicata. Appellant appeals. We conclude that there was no final order in the first probate proceeding and, consequently, the criteria for both collateral estoppel and res judicata are not met. Reversed and remanded. |
Shelby | Court of Appeals | |
Shaun Alexander Hodge v. State of Tennessee
The petitioner, Shaun Alexander Hodge, was convicted of first degree murder in 2001 and sentenced to life in prison. Thereafter, the petitioner filed a petition seeking post-conviction relief, which was denied by the post-conviction court. The petitioner appeals, claiming constitutional violations arising from the ineffective assistance of his trial counsel and the State’s failure to disclose certain exculpatory evidence. The petitioner also seeks relief based on newly discovered evidence. After careful review of the record and the arguments of both parties, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Donna Dotson
The defendant, Donna Dotson, pled guilty to violating her probation and now appeals the trial court’s order requiring her to serve her sentence in confinement. We affirm the judgment of the trial court in accordance with Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. |
Sullivan | Court of Criminal Appeals | |
Dennis W. Blackmon, et al. v. LP Pigeon Forge, LLC, et al
This is a nursing home negligence case involving an arbitration agreement. The son of the decedent signed documents admitting his mother to the defendant nursing home. The admission documents included an arbitration agreement. After his mother’s death, the son filed a lawsuit on behalf of her estate against the defendant nursing home and others connected to its administration. The defendants filed a motion to compel arbitration pursuant to the agreement signed by the son. The trial court denied the motion, finding that the son was not the decedent’s agent and did not have authority to sign on her behalf. The defendants appeal. We affirm. |
Sevier | Court of Appeals | |
State of Tennessee v. David Nagele
The defendant pled guilty to attempted aggravated sexual battery and was sentenced to six years of enhanced probation. At the time, the trial court did not warn the defendant that, upon the expiration of his sentence, he would be subjected to lifetime community supervision,which is mandated by statute upon a conviction for attempted aggravated sexual battery and other sex offenses. Just before the sentence expired, the State filed a petition to amend the judgment to include lifetime community supervision. On the same day that the trial court corrected the judgment, the defendant filed a motion to withdraw his guilty plea, which the trial court denied. On appeal, the Court of Criminal Appeals affirmed, holding that the defendant had been adequately informed of the lifetime community supervision requirement by his trial counsel. We granted the defendant’s application for permission to appeal to determine the effect of our decision in Ward v. State, 315 S.W.3d 461 (Tenn. 2010), which was filed after the release of the opinion of the Court of Criminal Appeals. Because the trial court failed to warn the defendant of the mandatory nature of lifetime community supervision, as is required by our ruling in Ward, and the State was unable to establish that the error was harmless beyond a reasonable doubt, the judgment of the Court of Criminal Appeals is reversed and the cause is remanded to the trial court to permit the defendant to withdraw his plea of guilt. |
Knox | Supreme Court | |
William H. Mansell v. Bridgestone Firestone North American Tire, LLC
In June of 2008, William Mansell (the “Employee”) suffered a compensable injury to his right shoulder while working for Bridgestone/Firestone North American Tire, LLC (the “Employer”). Dr. Sean Kaminsky, an orthopaedic surgeon, served as the authorized treating physician and assigned an impairment rating of 3% to the body as a whole. The Employee obtained an Independent Medical Evaluation from another orthopaedic surgeon, Dr. Robert Landsberg, who assigned a 10% impairment rating. When the Benefit Review Conference at the Department of Labor and Workforce Development (“DOL”) ended in an impasse, the Employee filed suit. |
Smith | Supreme Court | |
State of Tennessee v. Barron Lamar Currie
The Defendant-Appellant, Barron Lamar Currie, entered a guilty plea to aggravated burglary, a Class C felony, and theft of property of property over $500, a Class E felony. Pursuant to his plea agreement, the Defendant-Appellant received an effective sentence of eight years with the manner of service to be determined by the trial court. The trial court ordered the Defendant-Appellant to serve the eight-year term in confinement. The Defendant-Appellant’s sole issue for our review is whether the trial court erred in denying any form of alternative sentencing. Finding no error, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
Kevin Wilkins v. State of Tennessee
The Petitioner, Kevin Wilkins, appeals the Criminal Court of Shelby County’s dismissal of his petition for writ of habeas corpus. The State has filed a motion requesting 1 that this court affirm the trial court’s dismissal pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Porsha Perkins v. Metropolitan Government of Nashville and Davidson County
A social worker employed by an agency of the Metropolitan Government of Nashville and Davidson County was discharged from her job following an allegation that she had pinched a child attending a Head Start program. She then filed a discrimination and wrongful termination claim with the Metro Civil Service Commission. After the allegations against her proved to be baseless, she settled her claim with Metro for $45,000 and agreed not to be reinstated in her former job. She subsequently filed a complaint in the Circuit Court of Davidson County for retaliatory discharge and for employment discrimination. The discrimination claim was eventually dismissed by agreed order. Metro filed a motion for summary judgment on the remaining claim for wrongful discharge. The trial court granted the motion, reasoning among other things that because of the settlement of her claim and her agreement not to be reinstated, she could not prove, as a matter of law, that she was “adversely affected” in any material way by the termination of her employment. We affirm the trial court. |
Davidson | Court of Appeals |