John Tallardy v. William Jones
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Montgomery | Court of Appeals | |
State of Tennessee v. Howard Keith Lightsey
The appellant, Howard Keith Lightsey, was indicted by the Williamson County Grand Jury, on one count of possession of cocaine with intent to sell or deliver, one count of possession of marijuana, and one count of drug paraphernalia. The appellant entered a plea agreement and pled guilty to one count of simple possession of cocaine, one count of possession of marijuana and one count of possession of drug paraphernalia. Following a sentencing hearing on February 19, 2002, the trial court ordered another sentencing hearing for April 19, 2002. At that sentencing hearing the court sentenced the appellant to eleven months twenty-nine days on each count. This sentence was suspended except for twenty days and an aggregate fine of $1,150. The appellant now brings this appeal claiming that the trial erred in denying him full probation. We find the judgment of the trial court should be affirmed. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Abel Caberra Torres
The defendant, Abel Caberra Torres, was convicted of attempted especially aggravated robbery, two counts of attempted second degree murder, aggravated assault, and attempted aggravated assault. The trial court merged the last two offenses into the attempted second degree murder convictions and ordered consecutive sentences of twelve years for each offense, for an effective sentence of thirty-six years. In this appeal of right, the defendant asserts (1) that the evidence was not sufficient; (2) that the trial court erred by failing to suppress his statements to police; (3) that the trial court erred in its instructions to the jury; and (4) that the sentence was excessive. The judgments of conviction are affirmed. Because of the misapplication of enhancement factors, each of the sentences are modified to ten years. The cause is remanded to the trial court for further findings on the consecutive sentencing issue. |
Warren | Court of Criminal Appeals | |
Clinton Wayne Lynch v. State of Tennessee
The petitioner, Clinton Wayne Lynch, appeals from the order of the trial court denying his petition requesting forensic DNA analysis of evidence related to the investigation and prosecution which resulted in the petitioner's conviction for second degree murder entered upon his plea of guilty in 1986. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
In the Matter of TBS.& AKS.; Dept of Children's Srvc v. Nancy Shortt
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Jackson | Court of Appeals | |
State of Tennessee v. Giesela Robinson
The Defendant pled guilty to one count of facilitation of the possession of over .5 grams of cocaine with the intent to sell or deliver, a Class C felony. In accordance with her plea agreement, she was sentenced to a term of six years, with the manner of service of the sentence to be determined by the trial court. After a sentencing hearing, the trial court ordered her sentence to be served in the Department of Correction. In this appeal, the Defendant argues that the trial court erred by not granting her probation or some other form of alternative sentence. We affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
Donita Piper v. Curtis Mize
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Montgomery | Court of Appeals | |
Triple Rock v. A.C. Rainey
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Davidson | Court of Appeals | |
State of Tennessee v. Thomas L. Jackson
A Lauderdale County Jury convicted the Appellant, Thomas L. Jackson, of possession of contraband in a penal institution, a class C felony. On appeal, Jackson argues that the evidence was insufficient to support his conviction. After review, we conclude that the proof is sufficient to establish that Jackson knowingly possessed the marijuana found in his cell. Accordingly, the judgment of conviction is affirmed. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Jonathan Dean
In a bench trial, the Obion County trial court convicted the defendant, Jonathan Dean, of sexual battery and sentenced him to two years in the Department of Correction. On appeal, the defendant contends (1) the evidence was insufficient to support his conviction, and (2) his sentence is excessive. Upon review of the record and the applicable law, we affirm the judgment of the trial court. |
Obion | Court of Criminal Appeals | |
Joyce M. Lindsey v. State of Tennessee
The petitioner was originally convicted of second degree murder, aggravated kidnapping, forgery, and theft and received an effective thirty-three-year sentence. In this appeal from the denial of post-conviction relief, the petitioner argues the post-conviction court erred in finding she failed to establish ineffective assistance of counsel. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Raymond Writer
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Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Raymond Writer - Concurring
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Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Robert Lee Fox
The Appellant, Robert Lee Fox, appeals the sentencing decision of the Hamilton County Criminal Court. Fox entered a Tennessee Rule of Criminal Procedure 11(e)(1)(B) "open" plea to conspiracy to commit first degree murder and was sentenced to twenty-two years in the Department of Correction. On appeal, Fox argues that the sentence is improper because (1) it is disparate to the sentence received by his co-defendant and (2) four enhancement factors were erroneously applied. After review, we find no error and affirm the decision of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Tracy Larenzo Goodwin, alias Lawanda Carter
A Hamilton County Criminal Court jury convicted the defendant, Tracy Larenzo Goodwin, of two counts of reckless aggravated assault, a Class D felony; one count of reckless endangerment, a Class E felony; and one count of criminally negligent homicide, a Class E felony. The trial court sentenced him as a Range III, persistent offender to concurrent sentences of twelve years in the Department of Correction (DOC) for the reckless aggravated assault convictions. For the reckless endangerment and criminally negligent homicide convictions, the defendant received six-year sentences to be served concurrently to each other but consecutively to the reckless aggravated assault sentences for an effective sentence of eighteen years. The defendant appeals, claiming (1) that the evidence is insufficient to support the convictions; (2) that the trial court erred by denying his motion to sever the aggravated assault offenses from the reckless endangerment and criminally negligent homicide offenses; (3) that his convictions for reckless endangerment and criminally negligent homicide violate protections against double jeopardy; and (4) that his sentences are excessive. We affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Walter Clyde Rainey, Jr.
The appellant, Walter Clyde Rainey, Jr., was convicted by a jury in the Wayne County Circuit Court of seven counts of sexual battery by an authority figure and seven counts of statutory rape. The trial court sentenced the appellant to a total effective sentence of four years incarceration in the Tennessee Department of Correction. On appeal, the appellant raises the following issues for our review: (1) whether the evidence was sufficient to sustain his convictions; (2) whether the trial court erred by consolidating the offenses for trial; (3) whether the trial court erred in its ruling regarding the admissibility of the testimony of prosecution witness Tabitha Smith; (4) whether the prosecution's closing argument was improper; and (5) whether the trial court erred in sentencing the appellant. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. |
Wayne | Court of Criminal Appeals | |
Thomas & Associates, Inc., v. The Metropolitan Government of Nashville and Davidson County, et al.
This appeal involves a dispute between a road contractor and the Tennessee Department of Transportation involving two construction projects in the Nashville area. Following extensive construction delays attributed to the relocation of utilities, the contractor filed claims based on negligence and breach of contract with the Tennessee Division of Claims Administration which were transferred to the Circuit Court for Davidson County. The trial court granted the Department's motion for summary judgment and dismissed all the contractor's claims. We have determined that the trial court correctly dismissed the contractor's negligence claims but that the trial court erred by denying the contractor's breach of contract claims. Accordingly, we vacate the portion of the judgment dismissing the contractor's contract claims and remand the case for further proceedings. |
Davidson | Court of Appeals | |
Royal Insurance, v. R & R Drywall and Tennessee Department of Commerce and Insurance
A workers' compensation insurance carrier assessed a retrospective premium increase of over $60,000 against a contractor after auditing the company's books and finding evidence that its subcontractors employed more workers than the contractor had declared. The contractor filed an administrative appeal of the assessment, arguing that the additional workers were not actually employees of its subcontractors, but members of de facto partnerships, and thus not covered under the contractor's policy. The administrative law judge agreed, and found that the contractor was not liable for the additional premium. The Chancery Court of Davidson County reversed the administrative law judge, finding that the insurance company was entitled to the additional premium, because it had borne the risk of liability to those workers for on-the-job injuries. We affirm the Chancery Court. |
Davidson | Court of Appeals | |
State of Tennessee v. Oscar Reynolds
The defendant was found guilty of robbery. His sole issue on appeal is whether the trial court erred in refusing to instruct the jury on the lesser included offense of theft. Theft is a lesser included offense of robbery. However, we conclude the failure to instruct the jury was harmless beyond a reasonable doubt. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Randall A. Myers
The Appellant, Randall A. Myers, appeals the revocation of his community correction sentences by the Blount County Circuit Court. Myers pled guilty to seven counts of deceptive business practices and eight counts of theft, and he received an effective four-year sentence. As a result of these convictions, he was placed on intensive probation but, following violations of his release, he was re-sentenced to community corrections. Myers then proceeded to violate his community corrections agreement, and the trial court ordered him to serve the remainder of his sentences in the Department of Correction. On appeal, Myers asserts that the evidence was insufficient to establish that the violations occurred. After review of the record before us, we find no error. Accordingly, the judgment is affirmed. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Cortland Keshira Cates
The defendant, Cortland Keshira Cates, pled guilty to two counts of rape. The trial court sentenced him to eight years' incarceration for each count, to be served concurrently. On appeal, the defendant contends the trial court erred in denying probation. We affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Brigitte Pauli
A Williamson County jury convicted the defendant, Brigitte Pauli, of three counts of theft of property over $60,000, one count of theft of property over $1,000, and one count of forgery. The trial court imposed an effective sentence of ten years and ordered the defendant to pay $4,458,203 as restitution. In this appeal, the defendant contends (1) the evidence was insufficient to support her convictions; (2) the trial court erred in prohibiting the defendant from questioning a witness regarding an alleged prior bad act by another witness; (3) the trial court erred in admitting evidence of the values and costs of producing various products; (4) the state made an untimely and improper election of offenses; (5) the trial court erred in allowing the state to present the testimony of a rebuttal witness; (6) the trial court erred in instructing the jury on flight; and (7) the trial court erred in sentencing the defendant. Upon our review, we merge the three counts of theft over $60,000 into one conviction and remand for a redetermination of restitution. Otherwise, we affirm the judgments of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Phillip Francis Morales
A Blount County grand jury indicted the defendant on one count of simple possession or casual exchange of Lorazepam, a schedule IV controlled substance, and on one count of possession with intent to sell or deliver an E felony amount of marijuana, a schedule VI controlled substance. After unsuccessfully seeking suppression of the items seized in the search involved in this case, the defendant waived his right to a trial by jury. At the conclusion of a bench trial, the lower court found the defendant guilty as charged. The trial court later sentenced the defendant to concurrent terms of eleven months and twenty-nine days for the simple possession offense and eighteen months for the possession with intent to sell or deliver offense. Though otherwise placed on supervised probation, the trial court ordered the defendant to serve sixteen days of these sentences on eight consecutive weekends. The defendant subsequently filed a new trial motion alleging that the trial court erred in not suppressing the aforementioned evidence and that the proof is insufficient to support the E felony conviction. The trial court denied this motion, and the defendant appeals the denial to this Court raising the same issues. After a review of the record and relevant authorities, we find that the defendant's suppression claim has merit though the sufficiency allegation does not. Because of our finding regarding the suppression matter, we must reverse and remand the defendant's convictions. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Jamie H. Jones
The appellant, Jamie H. Jones, was convicted by a jury in the Davidson County Criminal Court of five counts of forgery and received a total effective sentence of eight years incarceration in the Tennessee Department of Correction. On appeal, the appellant raises several issues for our review, including the sufficiency of the evidence, the correctness of the trial court's rulings, the propriety of the sentences imposed, and the denial of the appellant's motion for new trial. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Franklin Iron & Metal Recycling, Inc., v.Worley Enterprises, Inc., et al.
Defendants appeal the action of the trial court denying a Tennessee Rule of Civil Procedure 59.04 |
Williamson | Court of Appeals |