Opinions
State of Tennessee v. David Nelson McCoy
The defendant, David Nelson McCoy, pled guilty to voluntary manslaughter, a Class C felony, and received a negotiated sentence of ten years, as a Range I standard offender, in the Tennessee Department of Correction. On appeal, the defendant challenges the trial court's imposition of a sentence of continuous confinement. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. James Edgar Leverette
The defendant, James Edgar Leverette, stands convicted of theft of property over $500, a Class E felony. The trial court sentenced him as a career offender to six years in the Tennessee Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence, arguing that the value of the property was under $500. Following our review, we affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Jeffery Lee Arnold
The defendant, Jeffrey Lee Arnold, pled guilty to simple possession of marijuana, a Class A misdemeanor, but reserved a certified question for appeal. The question presented is whether law enforcement officers who entered the defendant's house and discovered the marijuana forming the basis for the charge in this cause, had the right to enter under the Fourth Amendment to the United States Constitution and Article I, section 7 of the Tennessee Constitution. After reviewing the record, we conclude that the marijuana was lawfully seized from the defendant, and we affirm the judgment from the trial court. |
Franklin | Court of Criminal Appeals | |
State of Tennessee v. Jennifer Leeann Nowlin
The defendant, Jennifer LeeAnn Nowlin, pled guilty to aggravated burglary, a Class C felony, and conspiracy to commit aggravated burglary, a Class D felony. The trial court sentenced her as a Range II multiple offender to eight years for aggravated burglary concurrent with six years for the conspiracy charge, to be served in the Tennessee Department of Correction. On appeal, the defendant argues that her sentence is excessive. Following our review, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
Jimmy Gray v. State of Tennessee - Concurring
I concur in the result, but I respectfully disagree with the conclusion that the petitioner is presumed to have the same knowledge as his attorney regarding the photograph and the timing of its discovery. I do not believe that such a presumption applies to all facts that an attorney uncovers during representation. |
McMinn | Court of Criminal Appeals | |
Jimmy Gray v. State of Tennessee
The petitioner, Jimmy Gray, stands convicted of four counts of aggravated rape and is serving a sentence of eighty years in the Tennessee Department of Correction. On September 14, 2009, the petitioner filed a petition for writ of error coram nobis on the basis of newly discovered evidence. The trial court summarily dismissed the petition as filed outside the statute of limitations. On appeal, the petitioner claims that (1) due process requires tolling of the statute of limitations; (2) he filed his petition within one year of discovering new evidence; and (3) the trial court erred by summarily dismissing his petition. Following our review of the parties' briefs, the record on appeal, and the applicable law, we affirm the judgment of the trial court. |
McMinn | Court of Criminal Appeals | |
State of Tennessee v. Tarrence Parham
The defendant, Tarrence Parham, stands convicted of attempted second degree murder, a Class B felony, and reckless aggravated assault, a Class D felony. The trial court sentenced him as a Range II multiple offender to an effective sentence of twenty years in the Tennessee Department of Correction. On appeal, the defendant challenges (1) the trial court's admission of his prior conviction of reckless homicide for impeachment purposes and (2) the sufficiency of the evidence. Following our review of the parties' briefs, the record, and the applicable law, we affirm the judgments of the trial court as modified to reflect that the defendant's conviction for reckless aggravated assault is merged into his conviction for attempted second degree murder. |
Shelby | Court of Criminal Appeals | |
Orlando Knox v. State of Tennessee
The petitioner, Orlando Knox, appeals the Madison County Circuit Court's denial of his petition for post-conviction relief. The petitioner entered best interest pleas to two counts of aggravated burglary, a Class C felony; one count of burglary, a Class B felony; two counts of vandalism, a Class A misdemeanor; and one count of theft, a Class A misdemeanor. The agreement prescribed an eight-year sentence, which was to be suspended following service of six months. On appeal, the petitioner contends that his guilty plea was not knowingly and voluntarily entered due to the ineffective assistance of counsel. Specifically, he contends that trial counsel was ineffective in failing to adequately investigate the case and prepare for trial. Following review of the record, we affirm the denial of post-conviction relief. |
Madison | Court of Criminal Appeals | |
Barbara Ann Wyatt vs. Delmer Colemen Wyatt
In this divorce case, the trial court granted the parties a divorce on stipulated grounds and, pursuant to their agreement, divided the bulk of their property. The parties litigated the issue of how the proceeds from the sale of a piece of improved real estate should be distributed. Following a hearing, at which each of the parties testified, the court awarded Delmer Coleman Wyatt ("Husband") $6,500, the stipulated pre-marital value of the unimproved lot, based upon Husband's ownership of the lot before the parties' marriage. It then divided the remaining net proceeds from the sale of the improved property, i.e., $111,376.37, equally between Husband and his wife, Barbara Ann Wyatt ("Wife"). Husband appeals. We affirm. |
Cumberland | Court of Appeals | |
Lonnie H. Williams et al vs. Estate of James P. Hollingsworth, III, et al
At a bench trial, the court permitted the Williams to take a non-suit as to the estate of Mr. Hollingsworth.The trial court found Laurel Valley in violation of the court's orders and awarded the Williams damages of $194,915.60. Laurel Valley appeals. We affirm. |
Blount | Court of Appeals | |
Robert A. Leedy v. The Realty Store, Inc., et al
After a bench trial, the court found that, in September 2005, the principals "settled up" their affairs and that thereafter Leedy wrongfully took an excess of $131,489.99, for which the court gave the Agency a judgment. The court declined to award the Agency approximately $70,000 that it claimed Leedy had taken before September 2005 in excess of what he had earned. Leedy appeals, challenging the trial court's denial of a continuance, among other things, including the award to the Agency. Jones and the Agency challenge the trial court's refusal to award judgment against Leedy for the monies taken before September 2005. We affirm. |
Sevier | Court of Appeals | |
Teresa Lynn Stanfield, et al. v. John Neblett, Jr., M.D., et al.
This is a medical malpractice case. The jury returned a verdict, finding that the Appellee/Doctor deviated from the standard of care, but that his deviation was not the legal cause of the injury. Appellant contends that the trial court erred in denying her motion for a directed verdict, erred in ruling on her objections to Appellee's experts and the impeachment of her experts, that she was prejudiced by the language used on the verdict form, and that the trial court abused its discretion in allowing Appellee to make a powerpoint presentation during opening statements and closing arguments. Finding no error, we affirm. |
Madison | Court of Appeals | |
Teresa Lynn Stanfield, et al. v. John Neblett, Jr., M.D., et al.
This is a medical malpractice case. The jury returned a verdict, finding that the Appellee/Doctor deviated from the standard of care, but that his deviation was not the legal cause of the injury. Appellant contends that the trial court erred in denying her motion for a directed verdict, erred in ruling on her objections to Appellee's experts and the impeachment of her experts, that she was prejudiced by the language used on the verdict form, and that the trial court abused its discretion in allowing Appellee to make a powerpoint presentation during opening statements and closing arguments. Finding no error, we affirm. |
Madison | Court of Appeals | |
Tennessee Protection Agency, Inc. vs Jordon D. Mathies
Party A obtained a default judgment in general sessions court against Party B. The general sessions court subsequently granted Party B's motion to set aside the default judgment. Party A appealed to circuit court. The circuit court reversed the general sessions court's decision to set aside the default judgment. Party B appeals to this court. We affirm the decision of the circuit court. |
Davidson | Court of Appeals | |
State of Tennessee v. Tracy Thomas Hepburn
Following a jury trial, Defendant, Tracy Thomas Hepburn, was convicted of twenty-four counts of burglary, a Class D felony, three counts of attempted burglary, a Class E felony, fourteen counts of misdemeanor vandalism, six counts of vandalism, a Class E felony, two counts of vandalism, a Class D felony, ten counts of misdemeanor theft, one count of theft, a Class E felony, and two counts of theft, a Class D felony, in case nos. 02-0844, 02-0875, 02-0876, 02-0888, and 02-0291. The trial court sentenced Defendant as a Range III, persistent offender, to ten years for each Class D felony conviction, five years for each Class E felony conviction, and eleven months, twenty-nine days for each Class A misdemeanor conviction. The trial court imposed a combination of concurrent and consecutive sentencing for an effective sentence of one hundred years. On appeal, Defendant argues that the trial court erred in denying his motion to suppress and in imposing consecutive sentencing. After a thorough review, we affirm the judgments of the trial court. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Sedric Lamont Holt
A Davidson County Grand Jury returned an indictment against Defendant, Sedric Holt, for nine counts of aggravated robbery. Defendant subsequently pled guilty to five counts of robbery, all Class C felonies. The trial court sentenced defendant as a Range I, standard offender, to five years each in counts two, three, seven, and eight, and four years in count four. Counts two and three were ordered to be served concurrently with each other and consecutively to count four. Counts seven and eight were ordered to be served concurrently with each other and consecutively to counts two, three, and four for an effective fourteen year sentence in the Department of Correction. On appeal, defendant argues that his sentence is excessive and that he should have been granted an alternative sentence. After a thorough review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Paul Wallace Dinwiddie, Jr.
A Knox County jury convicted the defendant, Paul Wallace Dinwiddie, Jr., of two counts of aggravated rape and two counts of aggravated sexual battery. The defendant appeals, alleging that the trial court erred by instructing the jury on flight and by allowing a nurse practitioner to testify as an expert witness. The defendant also challenges the sufficiency of the convicting evidence and the length of his sentences. Upon our review, we find no error in the convictions; however, we remand to the trial court to merge the two aggravated sexual battery jury verdicts into one conviction judgment and the two aggravated rape jury verdicts into one conviction judgment. |
Knox | Court of Criminal Appeals | |
In Re: Cynthia M-M, Et Al.
Father of child appeals the trial court's denial of his motion to continue hearing to terminate his parental rights and subsequent termination of his rights on the grounds of abandonment and failure to establish/exercise paternity. Finding that the court erred not recessing the hearing to allow Father to be present at the termination hearing, we vacate the judgment terminating Father's parental rights and remand for further proceedings. |
Rutherford | Court of Appeals | |
In Re: Cynthia M-M, Et Al. - Dissenting
I respectfully disagree with the majority’s conclusion that the trial court erred by denying Father’s request for a continuance and proceeding with the trial on the petition to terminate his parental rights. I reach my decision based on two factors: (1) the decision to grant a continuance or to proceed with the trial was within the discretion of the trial court, a decision that will be upheld so long as reasonable minds can disagree as to the propriety of the decision made; and (2) the fact that Father was arrested three weeks prior to trial and knew he would be unable to attend, yet he did not inform his attorney until the night before trial. |
Rutherford | Court of Appeals | |
Adam Wester v. State of Tennessee
The Petitioner, Adam Wester, appeals the Anderson County Criminal Court's denial of postconviction relief from his conviction for felony murder in the perpetration of aggravated child abuse, for which he received life imprisonment. The defendant contends that trial counsel was ineffective in failing to suppress the petitioner's written statements to law enforcement and in failing to challenge the State's expert regarding the cause of the victim's injuries. We affirm the judgment of the trial court. |
Anderson | Court of Criminal Appeals | |
Duane Michael Coleman v. State of Tennessee
Petitioner, Duane Michael Coleman, appeals the dismissal of his petition for post-conviction relief. The Petitioner filed his petition outside the statute of limitations. Accordingly, the judgment of the post-conviction court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Theresa W. Robinson
The defendant, Theresa W. Robinson, was indicted for soliciting unlawful compensation, misuse of official information, and official misconduct. She applied for pretrial diversion, and the district attorney general denied her request. After granting her petition for a writ of certiorari, the trial court ruled that the district attorney general abused his discretion in denying pretrial diversion. The State appealed. Following our review, we conclude that we are without jurisdiction because the State cannot appeal the trial court's decision to grant pretrial diversion under Tennessee Rule of Appellate Procedure 3 and we decline review under Tennessee Rule of Appellate Procedure 10. Accordingly, the State's appeal is dismissed. |
McNairy | Court of Criminal Appeals | |
State of Tennessee v. Cecil Hughes, Jr.
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Sequatchie | Court of Criminal Appeals | |
Grady Wayne Mealer v. State of Tennessee
Petitioner, Grady Wayne Mealer, appeals the dismissal of his petition for post-conviction relief in which he alleged that he received ineffective assistance of counsel because he was denied the right to testify at trial. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel and affirm the judgment of the post-conviction court. |
Marshall | Court of Criminal Appeals | |
Gary Cooper vs. Clinton Utilities Board
Plaintiff brought this action, charging defendant utility breached its contract with plaintiff to construct a line and deliver electricity to his property. Defendant filed a Motion for Summary Judgment and the trial judge held that there was no meeting of the minds between the parties and defendant was not obligated to construct a line to deliver electricity to plaintiff's dwelling. On appeal, we affirm. |
Anderson | Court of Appeals |