The petitioner, James William Taylor, appeals the dismissal of his petition for post-conviction relief by the Williamson County Circuit Court on September 9, 1998. In August 1988, the petitioner was convicted of felony murder, robbery, and second degree burglary in the Williamson County Circuit Court. The trial court sentenced the petitioner to life imprisonment on the murder conviction, to a fifteen year sentence on the second degree burglary conviction, and to a fifteen year sentence on the robbery conviction, with all sentences to be served consecutively to one another. The petitioner appealed and this court affirmed the petitioner’s convictions and sentence on April 25, 1990. See State v. Taylor, No. 89-93-III, 1990 WL 50751 (Tenn. Crim. App. at Nashville), perm. to appeal denied, (Tenn. 1990). The petitioner filed a timely pro se petition for post-conviction relief on April 10, 1991. The trial court appointed counsel and the petitioner amended the petition numerous times to allege additional grounds for relief. After hearing evidence on the issues raised by the petition, the post-conviction court filed a memorandum opinion denying relief. On appeal the petitioner presents the following issues for our consideration: (1) whether the post-conviction court erred by finding that the petitioner’s trial counsel was not ineffective; and (2) whether the post-conviction court erred by finding that the State did not violate the petitioner’s right to a fair trial by withholding exculpatory evidence. Following a review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.
Harris vs. Hensley M1999-00654-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Robert L. Jones
Wayne
Court of Appeals
State vs. Charles Eddie Hartman M1998-00803-CCA-R3-DD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Robert W. Wedemeyer
Montgomery
Court of Criminal Appeals
State vs. William Douglas Ellis M1999-783-CCA-R3-CD
Trial Court Judge: Jane W. Wheatcraft
The appellant, William Donald Ellis, was convicted by a Sumner County jury of one count of rape of a child, two counts of aggravated sexual battery, and two counts of assault. The trial court imposed a sentence of twenty-five (25) years incarceration in the Tennessee Department of Correction for the offense of rape of a child, ten (10) years incarceration in the Department for each count of aggravated sexual battery, and six (6) months incarceration in the Sumner County Jail for each count of assault. The trial court ordered that the appellant serve his sentences for rape of a child and aggravated sexual battery consecutively to each other and concurrently with his sentences for assault, resulting in an effective sentence of forty-five (45) years incarceration. On appeal, the appellant presents the following issues for our review: (1) whether the trial court erred in denying his motion to suppress evidence obtained by police as a result of the warrantless search of his home; (2) whether the trial court should have required the State to elect between Counts One and Six of the indictment; (3) whether the evidence adduced at trial supports the jury's findings of venue; and (4) whether the evidence adduced at trial supports the jury's verdict of guilt of rape of a child. Following a review of the record and the parties' briefs, we affirm in part and reverse and remand in part the judgments of the trial court.
Sumner
Court of Criminal Appeals
State, ex rel vs. Xantus M2000-00120-COA-R10-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol L. Mccoy
Davidson
Court of Appeals
State, ex rel vs. Xantus M2000-00120-COA-R10-CV
Authoring Judge: Judge Ben H. Cantrell
Trial Court Judge: Carol L. Mccoy
State vs. Damion Carrick w1998-00655-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: W. Fred Axley
Shelby
Court of Criminal Appeals
State vs. Willie Douglas W1999-00282-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: W. Fred Axley
Shelby
Court of Criminal Appeals
State vs. Michael Edwards W1999-00591-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Julian P. Guinn
Henry
Court of Criminal Appeals
Linda Gage vs. Riley Gage W1999-01513-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: George R. Ellis
This is a divorce case. The wife filed for divorce approximately fourteen months after she moved out of the marital home. The husband filed an answer and counter-complaint for divorce. The trial court granted the divorce to the wife and awarded her half of the value of the husband's pension and alimony in futuro. Husband appeals. We affirm.
Crockett
Court of Appeals
State vs. Tracy Davidson W1999-00080-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: W. Fred Axley
Shelby
Court of Criminal Appeals
Rebecca Cole-Turner vs. Christian Psy. W1999-00707-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: Floyd Peete, Jr.
This appeal involves a dispute over money Plaintiffs paid into a reserve fund while they were employed by Defendant Christian Psychological Center. Plaintiffs believed that the money they contributed to the fund would later be refunded. However, when Plaintiffs resigned from the Center and requested that the money be returned, the Center refused to return the money. The Chancery Court held that Plaintiffs might be entitled to a refund of a portion of monies that they had paid into the reserve fund if the funds were not used by Defendant for ordinary and necessary operating expenses. The Chancery Court then referred the case to a Special Master for a determination of how the funds were spent by the Center. The Special Master held that the Plaintiffs were not entitled to a refund, as the Defendant Center used the reserve funds for ordinary and necessary operating expenses. For the reasons stated hereafter, we affirm.
Shelby
Court of Appeals
Purchased Parts vs. Royal Appl. Co. W1999-01550-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Trial Court Judge: John R. Mccarroll, Jr.
This appeal involves a dispute over jurisdiction. The court below dismissed the case for lack of personal jurisdiction over the defendant, Royal Manufacturing Corporation. Appellant Purchased Parts Group, Inc. appeals from the trial court's decision.
Shelby
Court of Appeals
State vs. David Ryan Swanson E1998-00041-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Douglas A. Meyer
Hamilton
Court of Criminal Appeals
Martin, et al vs. Coleman E1998-00739-SC-R11-CV
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: John A. Turnbull
Cumberland
Supreme Court
Billy Childress vs. Natasha Currie W1999-00471-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Joseph H. Walker, III
Lauderdale
Court of Appeals
Cassandra Myles vs. Peter Myles W1999-00495-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: George H. Brown
This is a divorce case. The husband failed to appear for the rescheduled hearing on the wife's motion for default judgment. The trial court granted default judgment and, at a subsequent final divorce hearing from which the husband was also absent, granted the wife a divorce and awarded her alimony in solido. The husband then filed motions to set aside the default judgment and for a new trial, asserting that he had not received notice of either the rescheduled hearing on default judgment or the final divorce hearing. The trial court denied both motions. The husband appeals. We affirm, finding that the husband's neglect was not excusable.
