Atavis Cortez Cunningham v. State of Tennessee
Following his conviction by a Dyer County Circuit Court jury of one count of aggravated assault for which he received a sentence of eight years’ incarceration as a Range II, multiple offender, the petitioner, Atavis Cortez Cunningham, filed a timely petition for postconviction relief based upon allegations of ineffective assistance of counsel and an unconstitutional jury composition. The Dyer County Circuit Court denied relief following an evidentiary hearing. On appeal, the petitioner contends that the post-conviction court erred by denying relief. Discerning no error, we affirm the order of the circuit court. |
Dyer | Court of Criminal Appeals | |
Michael Charles King v. Howard Carlton, Warden
Following an indictment by the Cheatham County Grand Jury, Petitioner, Michael Charles King, entered a plea of nolo contendere to one count of felony murder in Dickson County. He was subsequently sentenced to life in prison. Petitioner filed a petition for writ of habeas corpus. The habeas corpus court summarily dismissed the petition. On appeal, Petitioner argues that his plea of nolo contendere was not sufficient to waive venue because the district attorney did not authorize the waiver in writing. We have concluded that venue was properly waived, and Petitioner’s judgment is valid. Therefore, we affirm the decision of the habeas corpus court. |
Johnson | Court of Criminal Appeals | |
Jerome Lionel Price v. State of Tennessee
The petitioner, Jerome Lionel Price, appeals the Davidson County Criminal Court’s summary dismissal of his petition for post-conviction relief. The post-conviction court dismissed the petition, without appointment of counsel, finding that the petitioner had failed to present a claim upon which a petition for post-conviction relief may be founded. On appeal, the petitioner contends that the decision was in error because he asserts that he did, in fact, state a colorable claim for relief. We agree. As such, we reverse the order summarily dismissing the petition and remand the case for further proceedings pursuant to the Post-Conviction Procedure Act. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. William Randall Crawford
The defendant, William Randall Crawford, pled guilty to three counts of attempted first degree murder, two counts of aggravated assault, and one count of simple assault. He received an aggregate sentence of forty-six years in the Tennessee Department of Correction. On appeal, he challenges the sentencing determinations made by the trial court, specifically arguing that he should have received the minimum sentence for each individual offense and that the sentences should not have been ordered to run consecutively. After careful review, we conclude that the trial court imposed a lawful sentence and affirm the judgments of the trial court. |
Grainger | Court of Criminal Appeals | |
In the matter of: Shyronne D. H., et al.
This is a termination of parental rights case with an unusual procedural history. Following an incident with one of her children, Appellant Mother was charged with one count of aggravated child neglect or endangerment and one count of aggravated child abuse of a child under eight years of age. She pleaded guilty to aggravated assault and was sentenced to six years’ incarceration. In a separate proceeding, the children were adjudicated to be dependent and neglected and victims of severe child abuse. At the termination of parental rights hearing, which is the subject of this appeal, the trial court determined that the previous finding of severe child abuse was res judicata and did not permit the parties to relitigate the issue. We conclude that the trial court erred in finding the issue of severe child abuse to be res judicata because the order finding the children to be dependent and neglected and victims of severe child abuse is not a final judgment. Consequently, Appellant should have been permitted to present evidence and argument at the termination proceeding as to whether she committed severe child abuse. The judgment of the trial court is vacated and remanded. |
Shelby | Court of Appeals | |
Rebecca Gribble Waddell v. Gregory C. Rustin
This case stems from a lawsuit over an alleged implied partnership. Rebecca Gribble Waddell (“Waddell”) and Gregory C. Rustin (“Rustin”) were involved romantically for a number of years. After the couple separated, Waddell sued Rustin in the Chancery Court for Jefferson County (“the Trial Court”), alleging, among other things, that a partnership existed between Waddell and Rustin. The Trial Court held, inter alia, that there was no partnership between Waddell and Rustin and ordered divestiture of certain property from Waddell to Rustin. Waddell appeals to this Court, and both parties raise multiple issues. Rustin also argues that this appeal is frivolous. We affirm the judgment of the Trial Court on all issues except for that concerning divestiture of certain property from Waddell, which we reverse. We decline to hold this appeal frivolous. We affirm, in part, and, reverse, in part. |
Jefferson | Court of Appeals | |
Ann Laure Chamberlain v. Jeremy Steven Moore
On December 10, 2010 the Trial Court entered an Agreed Order on Parenting Time. Ann Laure Chamberlain (“Appellant”) filed a motion to set aside the December 10, 2010 order. On February 28, 2011 the Trial Court entered its order, inter alia, denying the motion to set aside, reserving child support matters, and stating that the parties may mediate any remaining issues regarding parenting time. Appellant appeals to this Court. We dismiss this appeal for lack of a final judgment. |
Hamilton | Court of Appeals | |
In Re: Gabriel D.A., ET AL
The order from which the appellant William E. J. seeks to appeal was entered on Tuesday, April 12, 2011. A notice of appeal was filed by the appellant on Thursday, May 19, 2011, the 37th day following the entry of the trial court’s order. Because the notice of appeal was not filed timely, we have no jurisdiction to consider this appeal. Accordingly, this appeal is dismissed. |
Anderson | Court of Appeals | |
State of Tennessee v. Allen Doane
The Defendant, Allen Doane, was indicted on four charges of aggravated sexual battery, a Class B felony. See Tenn. Code Ann. § 39-13-504. On April 25, 2007, the Defendant was convicted by a jury of four counts of sexual battery, a Class E felony. See Tenn. Code Ann. § 39-13-505. The trial court imposed a two-year sentence for each count and ordered all four counts to be served consecutively, for an effective sentence of eight years. The Defendant appealed to this court, and the case was remanded for a new sentencing hearing to determine the length of the sentences and whether they should be served concurrently or consecutively. See State v. Allen Doane, No. E2008-00125-CCA-R3-CD, 2009 WL 21032 (Tenn. Crim. App. Jan. 5, 2009). After a second sentencing hearing, the trial court again imposed two-year sentences for each count and ordered all four counts to be served consecutively, for an effective eight-year sentence. The Defendant then filed a petition for writ of habeas corpus alleging that the judgments in this case were void. Both matters were consolidated into this appeal. In this appeal as of right, the Defendant contends that (1) the judgments in this case are void because the statute of limitations expired prior to the commencement of the prosecution and (2) the trial court erred by imposing consecutive sentences. Following our review, we affirm the judgments of the trial court. |
Sevier | Court of Criminal Appeals | |
Barbara Ann Harville v. Emerson Electric Company
The employee sustained a compensable injury to her arm in 2001. In 2003, she entered into a settlement with her employer that preserved her right to receive reasonable and necessary medical treatment for the injury. In April 2008, the employee’s authorized treating physician recommended a diagnostic test. The employer submitted the recommendation to its utilization review provider, which declined to approve the recommended test. The employee and her physician were notified of the denial in May 2008. In June 2009, the employee filed a petition for contempt seeking to have the trial court order the recommended test. The trial court treated the petition as a motion for medical treatment pursuant to Tennessee Code Annotated section 50-6-204(b)(2) (2008). The trial court found the recommended test to be reasonably necessary for the treatment of the injury, ordered the employer to authorize it, and awarded the employee attorney’s fees. The employer appealed. We affirm the judgment of the trial court. |
Henry | Workers Compensation Panel | |
State of Tennessee v. Kenneth Webster
The defendant, Kenneth Webster, appeals his Shelby County Criminal Court jury conviction of burglary, a Class D felony, which resulted in his career-offender, Department of Correction sentence of 12 years. The defendant claims that the evidence was insufficient to support his conviction. We disagree and affirm the criminal court’s judgment. |
Shelby | Court of Criminal Appeals | |
Jada Flack v. Curtis McKinney
This appeal arises out of dependency and neglect proceedings in which custody of the minor child was awarded to the father. The mother appealed, but she failed to provide this Court with a transcript or statement of the evidence. Due to our inability to review the evidence, we affirm the decision of the lower court. |
Shelby | Court of Appeals | |
State of Tennessee v. Richard Alexander Herrea
The Defendant, Richard Alexander Herrera, was charged with sexual exploitation of a minor, a Class B felony. Following the denial of his motion to suppress evidence seized as a result of the issuance of a search warrant in another case, the Defendant pled guilty to sexual exploitation of a minor, a Class C felony. In accordance with the plea agreement, the trial court sentenced the Defendant as a Range II, multiple offender to eight years in the Tennessee Department of Correction. Pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure, the Defendant sought to reserve a certified question of law challenging the trial court’s denial of his motion to suppress. Following our review, we conclude that the certified question of law the Defendant sought to reserve on appeal is not dispositive of the case. The appeal is dismissed. |
Obion | Court of Criminal Appeals | |
Archie Story v. Civil Service Commission of the State of Tennessee, et al.
A highway patrolman was terminated for allegedly deploying a tire deflation device without prior authorization in violation of General Order 412 and for untruthfulness regarding such. On appeal, the trooper argues that his partial extension of the device did not constitute a “deployment.” Thus, he contends he did not violate General Order 412, nor was he untruthful when he denied deployment. We affirm the ALJ’s finding that the trooper “deployed” the device in violation of General Order 412 and that he was untruthful about doing so. Accordingly, we find there existed substantial and material evidence to support his termination. Additionally, we find that the trial court did not err in denying the trooper’s request to admit additional evidence and to supplement his brief. |
Davidson | Court of Appeals | |
Ricky Lynn Hill v. Tennessee Department of Corrections
Inmate appeals the grant of summary judgment to the Tennessee Department of Corrections in declaratory judgment action wherein inmate sought to be given credit on his sentence for work performed while housed in county jail. Finding no error, we affirm the judgment of the Chancery Court. |
Davidson | Court of Appeals | |
State of Tennessee v. Alvertis Boyd
Following a jury trial, the Defendant, Alvertis Boyd, was convicted of aggravated robbery, a Class B felony. The Defendant was sentenced as a repeat violent offender to life imprisonment without the possibility of parole. In this appeal as of right, the Defendant contends (1) that the evidence is insufficient to sustain his conviction; (2) that the trial court erred in admitting two prior convictions as impeachment evidence; and (3) that the trial court erred in sentencing him as a repeat violent offender. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Santiago Toscani v. Nader Rahbe
The order from which the appellant Nader Rahbe seeks to appeal was entered on Wednesday, January 5, 2011. A notice of appeal was filed by the appellant on Tuesday, February 8, 2011, the 34th day following the entry of the trial court’s order. Because the notice of appeal was not timely filed, we have no jurisdiction to consider this appeal. Accordingly, the motion of the appellee to dismiss is granted. This appeal is dismissed. |
Hamilton | Court of Appeals | |
Robert Stabler v. Ramie Stabler-Marston
The order from which the appellant Ramie Stabler-Marston seeks to appeal was entered on February 24, 2010. Notices of appeal were filed by the appellant on October 18, 2010, and October 20, 2010. Because neither of the notices of appeal was timely filed, we have no jurisdiction to consider this appeal. Accordingly, this appeal is dismissed. |
Knox | Court of Appeals | |
State of Tennessee v. Terry Gunter
The defendant, Terry Wayne Gunter, appeals the sentencing decision of the Sullivan County Criminal Court. The defendant pled guilty to Class E felony forgery and Class D felony identity theft. Pursuant to the agreement, he was to be sentenced to concurrent terms of one year and two years, respectively, with the manner of service to be determined by the trial court. Following a hearing, the court ordered that the sentences be served in confinement. On appeal, the defendant contends that the trial court erred in denying him an alternative sentence, specifically probation. Following review of the record, we find no error and affirm the sentences as imposed. |
Sullivan | Court of Criminal Appeals | |
John L. Houston v. Rhey Houston, et al.
The order of the trial court entered November 29, 2010, from which the appellant John L. Houston seeks to appeal, is not a final order. Accordingly, the appellant’s appeal is hereby dismissed. |
Rhea | Court of Appeals | |
Angelia Lynette Maupin v. Paul Wayne Maupin
The order of the trial court entered February 16, 2011, from which the appellant Angelia Lynette Maupin seeks to appeal, is not a final order. Accordingly, the appellant’s appeal is hereby dismissed. |
Greene | Court of Appeals | |
State of Tennessee v. Kenneth E. Ramsey
The order of the trial court entered February 9, 2011, from which the appellant Kenneth E. Ramsey seeks to appeal, is not a final order. Accordingly, the appellant’s appeal is hereby dismissed. |
Hamilton | Court of Appeals | |
In Re: Emily L.
In this Petition to terminate the parental rights of the father to two minor children, the Trial Court, following an evidentiary hearing, terminated the parental rights of the father on the statutory grounds of abandonment and held that it was in the best interests of the children that the father's parental rights be terminated. The father appealed, and upon our review we affirm the Judgment of the Trial Court. |
Hamilton | Court of Appeals | |
In Re: D.L.
In this Petition to terminate the parental rights of the father to two minor children, the Trial Court, following an evidentiary hearing, terminated the parental rights of the father on the statutory grounds of abandonment and held that it was in the best interests of the children that the father's parental rights be terminated. The father appealed, and upon our review we affirm the Judgment of the Trial Court. |
Hamilton | Court of Appeals | |
Keith Ezell v. State of Tennessee
The Petitioner, Keith Ezell, appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his convictions for seven counts of especially aggravated kidnapping and four counts of aggravated robbery, for which he is serving an effective 198-year sentence. He contends that his trial attorney failed to provide effective assistance because counsel did not advise him that accepting a guilty plea offer was in his best interest and did not accurately advise him of the likelihood he would receive a greater sentence after a trial than if he accepted the plea offer. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals |