Felix M. Woods, et al. v. James N. Faris
This appeal arises from an action brought by the plaintiff/seller to enforce an agreement made as an addendum to a contract for sale of a home purporting to give a mortgage to the seller. We find that both parties acted with unclean hands. Judgment of the trial court is affirmed in part, reversed in part, and this case is remanded for further proceedings consistent with this opinion. |
Davidson | Court of Appeals | |
Robert May v. Woodlawn Memorial Park
This appeal involves a dismissal in circuit court of a general sessions appeal for failure of plaintiff-appellant to obtain a trial date within 45 days of the appeal pursuant to local rule of court. After the trial court's dismissal, plaintiff filed a motion to alter or amend pursuant to Tenn.R.Civ.P., Rules 59 and 60, which motion was denied. Plaintiff has appealed. We reverse and remand. |
Davidson | Court of Appeals | |
Gabriel Dryden, et al. v. The Metropolitan Government of Nashville and Davidson County
This case involves a traffic accident and the application of the Tennessee Governmental Tort Liability Act. Plaintiff's vehicle was struck after Defendant failed to yield at an intersection. Defendant contended that the Metropolitan Government of Nashville and Davidson County (Metro) was partially at fault for its failure to properly warn motorists of the upcoming intersection. After Plaintiff and Defendant settled their suit, Defendant pursued a claim against Metro. The trial court granted Metro's motion for summary judgment, ruling that Metro was entitled to governmental immunity. We vacate the trial court's award of summary judgment and remand the case for further proceedings. |
Davidson | Court of Appeals | |
Cavalier Metal vs. Johnson Controls
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Henderson | Court of Appeals | |
Patsy Mitchell vs. Dr. James Ensor
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Shelby | Court of Appeals | |
General Construction vs. Greater St. Thomas Church
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Shelby | Court of Appeals | |
Roger Clayton Morris v. Lola Jane Morris
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Gibson | Court of Appeals | |
Beale St. Dev. vs. George Miller
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Shelby | Court of Appeals | |
Victoria Barnes vs. David Barnes
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Madison | Court of Appeals | |
State of Tennessee v.Vasile Cavopol
Apparently serving probationary terms on judicial diversion, Vasile Cavopol attempts to appeal from the Davidson County Criminal Court. He claims (1) that the lower court should have dismissed the vandalism and resisting arrest cases against him when the state's witnesses did not appear for trial on two occasions and (2) that the evidence insufficiently supports the determinations of guilt. Because the defendant who was granted judicial diversion has no rightful appeal, we dismiss this appeal. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jonathan Omar Echevarria
The Appellant, Jonathan Omar Echevarria, appeals from the sentencing decision of the Davidson County Criminal Court imposing a sentence of four years incarceration. The sentence arose from a guilty plea entered by Echevarria to one count of attempted aggravated robbery. In this appeal, Echevarria raises the issue of whether the trial court erred by ordering a sentence of total confinement rather than a less restrictive alternative. After review, we find no error. Accordingly, the judgment is affirmed. |
Davidson | Court of Criminal Appeals | |
John David Neblett v. State of Tennessee
The petitioner originally pled guilty to aggravated vehicular homicide, vehicular assault, and second offense driving on a revoked license. The trial court sentenced him to an effective sentence of twenty-four years. The effective sentence was affirmed on direct appeal. The petitioner sought post-conviction relief, alleging an unknowing guilty plea and ineffective assistance of counsel. The post-conviction court denied relief. In this appeal, the petitioner contends the post-conviction court erred in summarily dismissing the petition based solely upon the guilty plea transcript. We disagree and affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Randal Wayne Faulk
The defendant was convicted by a Davidson County jury of driving under the influence, third offense, and driving on a revoked license. He appeals only his DUI conviction, arguing the evidence was insufficient to support a finding that he was under the influence. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Michael A. Carter v. State of Tennessee
The petitioner originally pled guilty to aggravated robbery on June 1, 2000. He sought post-conviction relief alleging he received ineffective assistance of counsel which led to an involuntary guilty plea. Following a hearing, the trial court dismissed the petition. We affirm. |
Davidson | Court of Criminal Appeals | |
Corey Lamont Radley v. State of Tennessee
In this appeal from the denial of post-conviction relief, the sole issue is whether petitioner was deprived of the effective assistance of counsel in proceedings that led to his conviction for first degree murder with a resulting life sentence. We find no merit to his arguments and affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Kevin Island
Kevin Island appeals from his Shelby County conviction of robbery. He claims that the evidence presented at trial was insufficient to sustain the conviction. We disagree and affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ronnie Watson
Convicted of aggravated robbery, Ronnie Watson appeals the Gibson County Circuit Court’s denial of his motion to suppress the statements he gave to a law enforcement officer shortly after the commission of the crime. We hold that the issue has been waived by Watson’s failure to include it in his motion for new trial. |
Gibson | Court of Criminal Appeals | |
State v. Richard Hale Austin
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Shelby | Supreme Court | |
Policy of Insurance No. Ltc982015 v. Transcarriers Inc.,
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Shelby | Court of Appeals | |
State v. Richard Hale Austin
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Shelby | Supreme Court | |
State of Tennessee v. Asata Lowe
A Blount County jury convicted the Defendant of two counts of first degree premeditated murder and imposed concurrent sentences of life imprisonment without the possibility of parole. The jury also convicted the Defendant of especially aggravated robbery, and the trial court sentenced the Defendant to twenty-five years incarceration, to be served consecutive to the two sentences for first degree premeditated murder. The Defendant now appeals, raising the following issues: (1) whether the trial court properly instructed the jury on all lesser-included offenses raised by the evidence, (2) whether the trial court erred by refusing to instruct the jury on duress, necessity and accessory after the fact, (3) whether the trial court erred by allowing into evidence testimony regarding the Defendant's pending aggravated assault trial, (4) whether the trial court erred by allowing into evidence a magazine clip confiscated from the Defendant by police two months before the murders, (5) whether the trial court erred by refusing to find the sentencing provisions of the Tennessee homicide laws to be unconstitutional, (6) whether the Defendant's convictions for especially aggravated robbery and theft violated his right against double jeopardy, (7) whether the indictment was constitutionally defective on its face, and (8) whether there was sufficient evidence to convict the Defendant of the charged offenses. We affirm the judgment of the trial court, but remand for entry of a corrected judgment form in Count III of indictment number 11329. |
Blount | Court of Criminal Appeals | |
Dept of Children's Srvcs, vs. TLC
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Hamilton | Court of Appeals | |
Billy Joe Smith vs. Lisa Ricel
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Johnson | Court of Appeals | |
State of Tennessee v. Jason Howard Copely
The Defendant pled guilty to facilitation of attempt to commit especially aggravated robbery. The trial court sentenced the Defendant as a Range II multiple offender to seven years in the Tennessee Department of Correction, with eleven months of the sentence to be served in the Knox County jail followed by probation for the remainder of the sentence. A probation violation warrant was subsequently issued against the Defendant, alleging that the Defendant had violated his probated sentence by leaving his residence without permission and by removing his electronic monitor. An amended probation violation warrant was later filed alleging that the Defendant had also violated his probation by committing misdemeanor theft. Following a hearing, the trial court revoked the Defendant's probation and ordered him to serve his sentence in the Tennessee Department of Correction. This appeal ensued. After reviewing the record, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
E2002-00442-COA-R3-JV
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Greene | Court of Appeals |