State of Tennessee v. Troy Ector
A Shelby County jury convicted the Defendant, Troy Ector, of especially aggravated kidnapping, carjacking, and employing a firearm during the commission of a felony, and the trial court sentenced him to a twenty-two year effective sentence. On appeal, the Defendant contends that the evidence was insufficient to sustain his convictions and that the trial court erred when it denied his request for a jury instruction on the lesser-included offense of unauthorized use of a motor vehicle. After a thorough review of the record and relevant authorities, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Susan Elaine Dobbs v. Brooke Anthony Dobbs
In appeal from final decree in divorce action, Husband contends that the trial court erred in designating Wife as primary residential parent, in valuing the marital residence which was awarded to Wife, and in failing to require Wife to refinance the marital residence in her name alone. We affirm the designation of Wife as primary residential parent and the court’s valuation of the marital residence and remand the case for the courtto determine a reasonable length of time for Wife to secure Husband’s release from the indebtedness on the marital residence and to amend the final decree accordingly. |
Sumner | Court of Appeals | |
In Re: Sandra M. and David M.
Mother and Father appeal the termination of their parental rights. Finding that two grounds for parental termination have been established and that termination is in the best interests of the children, we affirm. |
Bedford | Court of Appeals | |
Catherine Lee Poindexter v. John M. Poindexter, Sr.
This is a divorce action filed by the wife and counter-complaint by the husband both seeking the divorce. After the trial, the Trial Court divided the marital property, granted the wife a divorce, and granted the wife alimony. The husband has appealed. We affirm the award of alimony, but modify the marital property division. |
Sumner | Court of Appeals | |
Deanna Lynne Dodd v. Michael Thomas Dodd
In this post-divorce proceeding, the mother of the parties’ only minor child filed two motions to alter or amend the divorce decree in order to clarify the parties’ obligations under the marital dissolution agreement regarding their 2009 income tax returns, and two petitions for civil contempt. The contempt petitions alleged that the father failed to make timely child support payments and failed to reimburse the mother for mortgage payments, medical expenses, and school-related expenses for the parties’ child. The trial court denied the motions to alter or amend,finding that the amendment sought by the mother was unnecessary and that the father breached the tax provision of the MDA as written. The court also denied the petitions for civil contempt, finding that the father purged himself of the contempt prior to hearing on the petitions. The court ordered the father to pay the mother $10,302.36 plus post-judgment interest for the tax liability she incurred due to the father’s refusal to file a joint tax return and $3,500 for the attorney’s fees the mother incurred in filing the petitions for contempt. We affirm. |
Wilson | Court of Appeals | |
State of Tennessee v. Tomario Walton aka Quadricus Dean
A Shelby County jury convicted the Defendant-Appellant, Tomario Walton a.k.a. Quadricus Dean, of aggravated robbery, a Class B felony. He was sentenced as a Range I, standard offender to a nine-year term of imprisonment in the Tennessee Department of Correction. On appeal, Walton presents the following issues for our review: (1) whether the trial court erred in denying his motion to suppress the victim’s showup identification of him as the perpetrator of the offense, and (2) whether the evidence at trial, specifically that of Walton’s identity, was sufficient to support the jury’s verdict. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. David Weed
Defendant, David Weed, was indicted by the Shelby County Grand Jury for two counts of official misconduct, a Class E felony. Defendant pleaded guilty to the offenses charged and was sentenced by the trial court to two years in the Shelby County Workhouse for each count, with all but 90 days suspended, after which Defendant would be placed on probation for five years. Defendant’s sentences were ordered to be served concurrently. Defendant appeals his sentences and asserts that the trial court erred by denying his request for judicial diversion, or in the alternative, his request for full probation. After a careful review of the record, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. George Lee Jones
The defendant, George Lee Jones, was convicted by a Madison County Circuit Court jury of aggravated burglary, a Class C felony, and theft under $500, a Class A misdemeanor, and was sentenced to an effective term of ten years in the Department of Correction. On appeal, he challenges the sufficiency of the convicting evidence. After review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Heralal Nandlal
The Defendant, Heralal Nandlal, was indicted on one count of aggravated robbery. At the close of the State’s proof at trial, the trial court, out of the presence of the jury, sua sponte revoked the Defendant’s appearance bond. The jury convicted the Defendant of aggravated robbery, and the Defendant now appeals. On appeal, he asserts that the trial court demonstrated bias in its decision to revoke the Defendant’s bond. After a careful review of the record, we affirm the Defendant’s conviction. |
Shelby | Court of Criminal Appeals | |
Steve Allen Click v. State of Tennessee
Much aggrieved by his convictions of three counts of aggravated rape and one count of evading arrest, for which he received an effective sentence of 120 years incarceration, the petitioner, Steve Allen Click, filed a timely petition for post-conviction relief attacking the judgments based upon the ineffective assistance of counsel and other constitutional deprivations. Following the appointment of counsel, amendment to the petition, and a full evidentiary hearing, the post-conviction court ruled that the petitioner had failed to establish his claims by clear and convincing evidence and denied relief. The petitioner now appeals, claiming that the post-conviction court erred in denying him relief. Discerning no error, we affirm the judgment of the post-conviction court. |
Blount | Court of Criminal Appeals | |
Barry W. Ritchie v. Bruce Westbrooks, Warden
The petitioner appeals the summary dismissal of his petition for writ of habeas corpus, in which he challenged his 1981 Hamilton County Criminal Court jury convictions of aggravated rape and aggravated robbery. In this appeal, he claims that his aggravated rape conviction and accompanying sentence of life imprisonment are void because that offense was not actually classified as a Class X felony by the general assembly at the time of his crime. Discerning no error, we affirm the judgment of the habeas corpus court. |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. Earnest Laning
A Hamblen County Criminal Court Jury convicted the appellant, Earnest Laning, of driving under the influence (DUI), second offense, and the trial court sentenced him to eleven months, twenty-nine days to be served as 135 days in jail and the remainder on probation. On appeal, the appellant contends that the trial court erred by allowing the State to introduce his blood test result into evidence because the State failed to establish the chain of custody. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Randy Keith Wallace
Appellant, Randy K. Wallace, was indicted by the Sullivan County Grand Jury for one count of rape and one count of sexual battery. After a jury trial, Appellant was found guilty of two counts of sexual battery. As a result, he was sentenced as a Range II, multiple offender to an effective sentence of eight years. The trial court denied a motion for new trial, and this appeal followed. On appeal, Appellant challenges the sufficiency of the evidence and his sentence. Because we determine that the evidence was sufficient to support the convictions for sexual battery and that the trial court properly sentenced Appellant to an effective sentence of eight years, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
Corey Lynn Clark v. State of Tennessee
The petitioner, Corey Lynn Clark, appeals the post-conviction court’s denial of his petition for post-conviction relief from his guilty plea conviction for second degree murder, arguing that he received the ineffective assistance of counsel, which caused him to enter an unknowing and involuntary guilty plea. After review, we affirm the denial of the petition. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Andrew Hayes
The defendant, Andrew Hayes, appeals his Shelby County Criminal Court jury convictions of felony murder and aggravated robbery, claiming that the trial court erred by admitting certain evidence, that the trial court erred by denying his motion to suppress the statements he made to police, that the evidence was insufficient to support his convictions, and that the trial court committed plain error in its instructions to the jury. Discerning no error, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
ARI, Inc. v. James G. Neeley, Commissioner of the Tennessee Department of Labor and Workforce Development
This is an appeal of the Chancery Court’s order upholding the Tennessee Department of |
Davidson | Court of Appeals | |
Westgate Resorts v. James G. Neely, Commissioner, et al
This is an unemployment compensation case. Cynthia L. Vukich-Daw filed a claim for unemployment compensation following her termination from Westgate Resorts. The claim was originally granted by the Tennessee Department of Labor and Workforce Development and subsequently upheld by the Appeals Tribunal and the Board of Review. Westgate Resorts filed a petition for judicial review, and the trial court reversed the Board of Review’s decision, finding that Cynthia L. Vukich-Daw was ineligible to receive unemployment compensation benefits because she was a qualified real estate agent pursuant to Tennessee Code Annotated section 50-7-207. Cynthia L. Vukich-Daw and the Tennessee Department of Labor and Workforce Development appeal. We reverse the decision of the trial court. |
Sevier | Court of Appeals | |
Joseph Gunter v. State of Tennessee
Joseph Gunter ("the Petitioner") filed for post-conviction relief from his convictions of first degree felony murder and especially aggravated robbery, alleging ineffective assistance of counsel at trial. The Petitioner also sought DNA analysis of certain evidence introduced in his trial. After an evidentiary hearing, the post-conviction court denied relief and denied the Petitioner’s request for DNA analysis. This appeal followed. Upon our thorough review of the record and relevant authorities, we affirm the judgment of the post-conviction court.
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Fentress | Court of Criminal Appeals | |
State of Tennessee v. James Byron Wright
Defendant, James Byron Wright, entered a guilty plea to violation of an habitual motor offender order and to driving under the influence of an intoxicant (DUI) 6th offense, and received concurrent two-year sentences on the convictions to be served by incarceration. Pursuant to Tennessee Code Annotated section 40-35-212, he was released from confinement and placed on supervised probation. A little less than two months later, a probation violation warrant was filed alleging that Defendant failed to report to his probation officer as required. The trial court, following a hearing, found Defendant had violated his probation, revoked his probation, and ordered him to serve the balance of the sentence by incarceration. On appeal, Defendant asserts that the trial court’s disposition that Defendant serve the balance of his sentence by confinement is too harsh. After full review of the record and the parties’ briefs, we affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee. |
Cumberland | Court of Criminal Appeals | |
Melvin Crump v. State of Tennessee
Petitioner, Melvin Crump, was convicted of first degree premeditated murder, felony murder in perpetration of a rape, and felony murder in perpetration of larceny. The trial court merged Petitioner’s convictions, and Petitioner was sentenced by the jury to life imprisonment. On direct appeal, this Court affirmed Petitioner’s conviction and sentence. A summary of the facts underlying Petitioner’s conviction can be found in this Court’s opinion in the direct appeal. State v. Melvin Crump, No. M2006-02244-CCA-R3-CD, 2009 WL 723524 (Tenn. Crim. App. at Nashville, March 18, 2009), perm. app. denied, (Tenn., Aug. 24, 2009). Petitioner sought post-conviction relief on the grounds that his trial counsel was ineffective. The post-conviction court denied relief after an evidentiary hearing. After a careful review of the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Nicole Starcher
The Defendant, Nicole Starcher, pled guilty to one count of theft of property valued at $1,000 or more but less than $10,000, a Class D felony, and three counts of passing a worthless check, a Class A misdemeanor. See Tenn. Code Ann. §§ 39-14-103, -105, -121. Following a sentencing hearing, at which the trial court denied judicial diversion, the Defendant was sentenced to three years enhanced probation. In this appeal as of right, the Defendant contends that the trial court erred in denying her application for judicial diversion. Because the trial court failed to adequately state upon the record the basis for its denial of the Defendant’s application for judicial diversion, we vacate the Defendant’s sentences and remand this matter for a new sentencing hearing and correction of the judgments. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Xavier Bell
A Shelby County jury convicted the Defendant, Xavier Bell, of aggravated robbery, and the trial court sentenced the Defendant, as a Range I, standard offender, to serve nine years in the Tennessee Department of Correction. The Defendant appeals his conviction, contending that: (1) the evidence is insufficient to support his conviction; and (2) the trial court erred when it admitted recordings of the Defendant’s jail telephone conversations. After a thorough review of the record and applicable law, we affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals | |
Gossett Motor Cars, LLC v. Hyundai Motor America, Inc. et al.
This appeal concerns a car dealership’s protest of Hyundai’s proposal to enter into a |
Davidson | Court of Appeals | |
Dana Automotive Systems Group, LLC, et al. v. Larry Evans
An employee developed carpal tunnel syndrome. Before receiving medical treatment for that condition, he accepted an offer from his employer to resign in exchange for a lump sum payment of his retirement benefits. The offer was unrelated to the work injury. The trial court granted the employer’s motion for partial summary judgment, finding that Tennessee Code Annotated section 50-6-241(d)(1)(A) (2008) limited the employee’s award of benefits to one and one-half times the anatomical impairment in light of his voluntary retirement. On the date scheduled for trial, the trial court declined to hear evidence or permit an offer of proof concerning the voluntariness of his retirement and the extent of his vocational disability. Judgment was entered awarding permanent partial disability of one and one-half times the medical impairment. The employee has appealed. We vacate the judgment and remand the case to the trial court for a determination on the merits of the case. |
Gibson | Workers Compensation Panel | |
State of Tennessee v. Rickey Benson
The defendant, Rickey Benson, was convicted by a Shelby County Criminal Court jury of burglary of a building and theft over $1000, both Class D felonies, based on his theft of cigarettes from a Memphis Kroger. He was subsequently sentenced by the trial court as a multiple offender to concurrent terms of seven years for each conviction. He raises the following five issues on appeal: (1) whether the evidence was sufficient to sustain the convictions; (2) whether there was a proper chain of custody and authentication for the admission of the store’s surveillance videotape; (3) whether the trial court erred by admitting the store’s inventory review documents; (4) whether his constitutional rights were violated by the prosecutor’s allegedly improper closing comments; and (5) whether the trial court imposed an excessive sentence. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals |