State of Tennessee v. Bradley Hawks
The Defendant-Appellant, Bradley Hawks, pled guilty in the Circuit Court of Crockett County to possession of less than .5 grams of methamphetamine with intent to sell or deliver, a Class C felony. He was sentenced to eight years in the Tennessee Department of Correction and fined $2,000. Pursuant to Tennessee Rule of Criminal Procedure 37, Hawks attempted to reserve the following certified question of law: “Whether the search and arrest of the defendant was unconstitutional in violation of Article I, Section 7 of the [Tennessee] Constitution and the 4th Amendment of the U.S. Constitution.” Because the certified question fails to identify the scope and limits of the legal issue reserved, we conclude that we are without jurisdiction to consider this appeal, and therefore it is dismissed. |
Crockett | Court of Criminal Appeals | |
Evan Ethelread Arrindell v. Gail Marvita Shipp Arrindell
This is a divorce appeal. The parties had a twenty-one-year marriage and one minor child at the time of divorce. For the majority of the parties’ marriage, the husband owned a business, and the wife was a homemaker. After a trial, the trial court declared the parties divorced, designated the wife as the child’s primary residential parent, divided the martial estate, and awarded child support, transitional alimony, and alimony in futuro. The wife appeals. We affirm the judgment of the trial court as modified. |
Shelby | Court of Appeals | |
State of Tennessee v. Robert Dale Jarvis
The Lincoln County Grand Jury indicted Appellant, Robert Dale Jarvis, for a total of twenty-one counts including aggravated burglary, theft over $500, theft over $1,000, and vandalism. Appellant pled guilty to two counts of theft over $500 and five counts of theft over $1,000. As a result of the guilty plea, the trial court imposed an effective sentence of twelve years to be served as a career offender at sixty percent. At the guilty plea hearing, the parties discussed the reservation of a certified question upon which Appellant wanted to appeal. On appeal, after a thorough review of the record, we conclude that Appellant has not properly preserved the certified question of law. Therefore, we must dismiss this appeal for want of jurisdiction. |
Lincoln | Court of Criminal Appeals | |
State of Tennessee v. Sheila Marie Lott
The Bedford County Grand Jury indicted Appellant, Sheila Lott, for eight counts of criminal simulation, one count of theft over $1,000, and one count of fraudulent use of credit/debit card. Appellant pled guilty to all charges as set out in the indictments. The trial court sentenced Appellant as a Range II, multiple offender to an effective sentence of eighteen years and six months. On appeal, Appellant argues that the trial court erred in setting the length of her sentences within the range and in imposing consecutive sentences. After a thorough review of the record, we conclude that the trial court correctly applied enhancement and mitigating factors and that Appellant has waived her issue regarding the imposition of consecutive sentences for failure to include an argument or cite to authority in her brief. Therefore, the judgments of the trial court are affirmed. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Mitchell Garner
The Appellant-Defendant, Mitchell Garner, was convicted by a Shelby County jury of aggravated sexual battery, a Class B felony. The trial court sentenced Garner as a violent offender to the maximum sentence of twelve years in the Tennessee Department of Correction. On appeal, he claims: (1) the insufficiency of the evidence; and (2) the trial court erred in imposing the maximum sentence because it misapplied two enhancement factors. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Rudolph Powers v. State of Tennessee
A Shelby County Criminal Court jury convicted the Petitioner, Rudolph Powers, of aggravated rape and robbery accomplished with a deadly weapon against the victims Vivian Brodie and Carol Boone, and the Petitioner was sentenced to life imprisonment and twentyfive years respectively, which were to be served concurrently. A few months later, another Shelby County Criminal Court jury convicted the Petitioner of aggravated rape against victim Kris Brewer, and the trial court sentenced him to fifty years of imprisonment. The Petitioner was ordered to serve his fifty-year sentence consecutively to his concurrent sentences of life imprisonment and twenty-five years. Following a direct appeal and several collateral appeals, which were unsuccessful, the Petitioner filed a petition for post-conviction DNA analysis, which the post-conviction court denied. On appeal, the Petitioner contends that the post-conviction court erred in denying his petition for post-conviction DNA analysis. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Willie Wash v. Correctional Corporation of America
Appellant filed a complaint alleging various causes of action against numerous defendants. The trial court dismissed his complaint for failure to comply with the requirements of Tenn. Code Ann. § 41-21-801, et seq. We affirm. |
Hardeman | Court of Appeals | |
State of Tennessee v. Willie Hall
The defendant, Willie Hall, was convicted by a Shelby County jury of assault, a Class A misdemeanor, and was sentenced to eleven months, twenty-nine days in jail and assessed a $500 fine. On appeal, he argues that: (1) the trial court erred in denying his motion in limine to exclude the 911 tape; (2) the trial court gave improper jury instructions on self-defense and flight; (3) the evidence is insufficient to sustain his conviction; and (4) the trial court imposed an excessive sentence. After review, we affirm the judgment of the trial court and remand for entry of a corrected judgment to reflect that the defendant is to serve sixty percent of his sentence. |
Shelby | Court of Criminal Appeals | |
John Carroll Cook v. State of Tennessee
The Petitioner, John Carroll Cook, pled guilty in the Madison County Circuit Court to rape of a child and aggravated sexual battery. He received a total effective sentence of twentyfive years to be served at one hundred percent. Subsequently, the Petitioner filed for postconviction relief, alleging that his trial counsel was ineffective and that his guilty pleas were not knowingly and voluntarily entered. The post-conviction court denied relief, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Sheila White Carlton
The Defendant-Appellant, Sheila White Carlton, was indicted for one count of burglary of an automobile, a Class E felony; one count of assault, a Class A misdemeanor; and one count of theft of property valued at $500 or less, a Class A misdemeanor. A Gibson County Circuit Court jury subsequently acquitted Carlton of the burglary count, found her guilty of the theft count, and failed to reach a verdict on the assault count, which resulted in a mistrial on that |
Gibson | Court of Criminal Appeals | |
Allen Ray Wolfe v. Mayes Mortuary
This workers’ compensation appeal has been referred to the Special Workers’ Compensation |
Hamblen | Workers Compensation Panel | |
Yolanda D. Barefield v. State of Tennessee
The pro se petitioner, Yolanda D. Barefield, appeals the summary dismissal of her petition for post-conviction relief. On appeal, she alleges that she entered an involuntary guilty plea due to the ineffective assistance of counsel. After careful review, we remand to the trial court for appointment of counsel and a hearing regarding the issue of whether the petitioner received ineffective assistance of counsel with regard to her guilty plea to felony escape. |
Davidson | Court of Criminal Appeals | |
In Re: Emma E.
This case concerns the allocation of parental responsibility between two unmarried parents of a minor child. Prior to trial, the father’s attorney acknowledged removing a set of confidential records from the court clerk’s office in violation of a qualified protective order. The juvenile court declined to hold the father’s attorney in contempt and later admitted the records over the objection of the mother’s counsel. At trial, the court treated the father’s petition for change of custody as an original petition to establish residential parenting time. The court designated the mother primary residential parent, awarded the parties equal parenting time, granted the parties joint decision-making authority over all major life decisions, and ordered the mother to pay the father child support. The mother appeals. We affirm. |
Bedford | Court of Appeals | |
Johanna L. Gonsewski v. Craig W. Gonsewski
The wife in this divorce action contends the trial court erred in the division of the marital property, in denying her request for alimony, and in denying her request to recover her attorney’s fees. We have determined the wife is in need of and the husband has the ability to pay alimony in futuro, in the amount of $1,250 per month, and that she is entitled to recover attorney’s fees. We, therefore, reverse the judgment of the trial court regarding alimony in futuro and remand the issue of attorney’s fees, leaving it to the discretion of the trial court to determine an amount that is reasonable and necessary under the circumstances of this case. We affirm the trial court in all other respects. |
Sumner | Court of Appeals | |
Sheree Macleod vs. Loretta McKenzie
Plaintiff was injured in an accident while in an automobile operated by defendant. Plaintiff's action charges defendant with negligent operation of the motor vehicle, causing the accident and her resulting injuries. Defendant was operating her vehicle on a wet roadway. She skidded, which she claims was the sole cause of the accident. The Trial Court granted defendant summary judgment. On appeal, we hold that there are disputed issues of material fact as to whether defendant was negligent in the operation of her motor vehicle, independent of the vehicle's skidding, and remand the case for trial. |
Blount | Court of Appeals | |
Sherri J. Hager, et al., vs. Ramsey G. Larson, M.D., et al
In this medical malpractice action, defendants filed affidavits along with a summary judgment motion, setting forth that they had met the standard of care in their treatment of plaintiff, Sherri J. Hager. The hearing on the summary judgment was continued and plaintiffs were directed to furnish the Court with an affidavit to support their claims. Plaintiffs filed the affidavit of a physician who specialized in internal medicine, who opined that defendants failed to meet the standard of care in treating plaintiff, but stated repeatedly in the deposition that he could not offer an opinion on causation of any injury that would merit an award of damages, since he was an internal medicine specialist. The Trial Court granted defendants summary judgment and, on appeal, we affirm. |
Hamblen | Court of Appeals | |
In Re: Johnny E. K.
In this action to terminate the parental rights of both parents of J.E.K., the Trial Court, after hearing evidence, ruled that several statutory grounds for termination of both parents' parental rights had been established by clear and convincing evidence, as well as clear and convincing evidence that it was in the child's best interest for the parents' rights to be terminated. On appeal, we affirm the Judgment of the Trial Court. |
Hamilton | Court of Appeals | |
In the Matter of: Emily A., Megan A., and Lindsey A.
This is an appeal in a termination of parental rights case. Finding that the statutory grounds of substantial non-compliance with a permanency plan and persistence of conditions, and that termination is in the best interest of the children, have all been shown by clear and convincing evidence, we affirm. |
Maury | Court of Appeals | |
In Re Angela E. et al.
We granted this appeal to resolve a conflict within our Court of Appeals regarding the required contents of a trial court’s written order following a proceeding to terminate parental rights where the parent losing the rights does not oppose the termination. In this case, the trial court’s written order omitted findings of fact and conclusions of law concerning the grounds for termination. After rejecting the father’s contention that his rights were surrendered rather than terminated, the Court of Appeals held that the findings and conclusions required by statute were unnecessary because the father had consented to the petition to terminate. We agree with the Court of Appeals’ conclusion that the trial court terminated the father’s parental rights. Nonetheless, we hold that the trial court’s written order of termination must contain the findings and conclusions set forth in Tennessee Code Annotated sections 36-1-113(c) and (k), even where the parent consents to the termination of parental rights. Because the trial court’s order does not comport with the statute, we must reverse the judgment of the Court of Appeals and remand to the trial court for a new hearing |
Madison | Supreme Court | |
Michael Hoover v. State of Tennessee
Petitioner, Michael Hoover, appeals the post-conviction court’s dismissal of his postconviction petition in which Petitioner alleged that his trial counsel rendered ineffective assistance of counsel in connection with the entry of his plea of guilty, and that his guilty plea was not voluntarily or knowingly entered. After a thorough review we affirm the judgment of the post-conviction court. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Christopher J. Johnson
Appellant Christopher J. Johnson pled guilty to selling marijuana and especially aggravated burglary. He was given an effective sentence of 8 years, suspended and to be served on probation. He was then charged with violating the terms of his probation. After an evidentiary hearing, the trial court revoked his probation and ordered that the sentences be served in confinement. He appeals, arguing that revoking his probation in full was excessive. Upon review, we affirm. |
Dickson | Court of Criminal Appeals | |
State of Tennessee ex rel. Robert L. Wolfenbarger, III., et al., v. Scott Moore, et al.
Sixteen "citizen plaintiffs" filed this ouster suit against Scott Moore and Paul Pinkston, Knox |
Knox | Court of Appeals | |
State of Tennessee v. Robert Lee Archibald, Jr.
The Defendant, Robert Lee Archibald, Jr., was charged with one count of possession with intent to sell or deliver twenty-six grams or more of cocaine within 1000 feet of a school, one count of possession of drug paraphernalia, and one count of possession of a firearm during the commission of a dangerous felony. He filed a motion to suppress the evidence against him, arguing that the search warrant authorizing the search was defective. The Davidson County Criminal Court granted his motion. The State now appeals that grant. After our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Demetrius L. Lancaster v. State of Tennessee
The Petitioner, Demetrius L. Lancaster, pleaded guilty to possession of cocaine with intent to sell within 1,000 feet of a school zone, being a convicted felon in possession of a weapon, and sale of .5 grams or more of cocaine. He received an effective fourteen-year sentence, as a Range I, standard offender for these convictions, which sentence was to be served consecutively to a prior seventeen-year sentence. The Petitioner then filed a timely petition for post-conviction relief. The post-conviction court held an evidentiary hearing on the petition and subsequently entered an order denying relief. The Petitioner appeals. Because the record on appeal does not include a transcript of the evidentiary hearing in the post-conviction court, we conclude that the Petitioner has waived the issues argued on appeal. We must presume that the post-conviction court correctly denied post-conviction relief and, therefore, the judgment of the post-conviction court is affirmed. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. Benjamin Brown
The defendant was convicted of aggravated child abuse and felony murder in the perpetration of aggravated child abuse. The defendant appealed the felony murder conviction, and the Court of Criminal Appeals affirmed his conviction. We granted permission to appeal and address the issue of whether the trial court committed reversible error by failing to instruct the jury on the lesser-included offenses of felony murder, which include second degree murder, reckless homicide, and criminally negligent homicide. We conclude that the trial court erred by failing to instruct the jury as to these lesser-included offenses, and accordingly, we reverse the felony murder conviction and remand the case for a new trial on the felony murder count. |
Supreme Court |