James R. Cranmer v. State of Tennessee
In 2011, the Petitioner, James R. Cranmer, pleaded guilty to one count of second degree murder, one count of attempted second degree murder, and two counts of reckless aggravated assault. The trial court sentenced him to an effective sentence of fifteen years in the Tennessee Department of Correction. The Petitioner filed a petition for post-conviction relief, alleging that he received the ineffective assistance of counsel, and the post-conviction court held an evidentiary hearing after which it denied the petition. On appeal, the Petitioner contends that the post-conviction court erred when it denied his post-conviction petition because he received the ineffective assistance of counsel at trial, and he further contends that his guilty plea was not voluntary, knowing, or intelligent because the State committed a Brady violation. After a thorough review of the record and applicable law, we affirm the post-conviction court’s judgment. |
Montgomery | Court of Criminal Appeals | |
Larry Stephen Brumit v. State of Tennessee
Larry Stephen Brumit (“the Petitioner”) appeals from the summary dismissal of his Petition for Writ of Error Coram Nobis. Upon review, we affirm the judgment of the coram nobis court. |
Rutherford | Court of Criminal Appeals | |
Arnold Harris v. Mr. Bult's Inc.
Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. Arnold Harris (“Employee”) injured his left shoulder in the course and scope of his employment with Mr. Bult’s, Inc. (“Employer”). The Chancery Court for Loudon County (“the Trial Court”) found that Employee did not have a meaningful return to work and awarded 40% permanent partial disability. Employer has appealed, arguing that the Trial Court erred in finding that Employee did not have a meaningful return to work. We affirm the Trial Court’s judgment.
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Loudon | Workers Compensation Panel | |
In re Ayris R.
This is a termination of parental rights appeal brought by the putative father. The trial court found clear and convincing evidence to support termination of the putative father’s parental rights because he failed to establish paternity. The court also found that termination of the putative father’s parental rights was in the best interest of the child. The putative father appeals the best interest finding. We affirm.
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Washington | Court of Appeals | |
Whitney Leigh Harmon, et al v. Gregg Ian Shore, et al
This is a Health Care Liability case. Appellees are the treating physician and hospital. The trial court granted Appellees' Tennessee Rule of Civil Procedure 12.02 motions to dismiss Appellant's lawsuit for failure to comply with the Tennessee Code Annotated Section 29-26-121(a)(2)(E) notice provision for health care liability claims. Specifically, the trial court determined that the required Health Insurance Portability and Accountability Act (HIPAA) medical authorization provided by Appellant was not substantially compliant with the statutory requirements in that the relevant medical records were released only to Appellant's lawyer. Discerning no error, we affirm and remand. |
Maury | Court of Appeals | |
James C. Loden, M.D., P.C. d/b/a Loden Vision Centers, and James C. Loden, M. D., Individually v. Gerald Michael Schmidt
Doctor filed this lawsuit against a former patient, alleging malicious prosecution, tortious interference, defamation, and intentional infliction of emotional distress. After the patient refused to respond to discovery, the trial court eventually entered an order striking the patient‘s answer and entering a default judgment against the patient. The trial court later awarded the doctor nominal damages and a permanent injunction. Affirmed. |
Davidson | Court of Appeals | |
In re Jaiden W., et al
This is the third appeal of this case, involving the issue of child support and arrears. In the second appeal, this Court remanded the case to the trial court for a determination of Appellant Father and Appellee Mother’s respective incomes for the period of August 22, 2008 through September 28, 2009. Based upon Mother’s testimony at the hearing on remand, the trial court set Mother’s income for the relevant period at $300 per month. Father appeals, arguing that, based upon the trial court’s previous finding that Mother was voluntarily unemployed, the trial court should have imputed income to Mother at the statutory rate. Because the law of the case is that the trial court should determine the parties’ actual circumstances, we conclude that the court correctly set Mother’s income as the amount she actually earned. Affirmed and remanded. |
Coffee | Court of Appeals | |
State of Tennessee v. Detrick Cole
A Shelby County jury found the Defendant, Detrick Cole, guilty of first degree premeditated murder and imposed a sentence of death. The Defendant’s conviction and sentence were affirmed by this Court, State v. Detrick Cole, No. W2002-01254-CCA-R3-DD, 2003 WL 22848969 (Tenn. Crim. App., at Jackson, Nov. 24, 2003), and by our Supreme Court, State v. Cole, 155 S.W.3d 885 (Tenn. 2005). The Defendant filed a petition for post-conviction relief alleging ineffective assistance of counsel, which was denied after a hearing. On appeal, this Court agreed with the Defendant’s contention that he had received the ineffective assistance of counsel during the penalty phase of his trial and remanded the case to the trial court for a new penalty phase proceeding. Detrick Cole v. State, No. W2008-02681-CCAR3-PC, 2011 WL 1090152, at *56 (Tenn. Crim. App., at Jackson, March 8, 2011), perm. app. denied (Tenn. July 14, 2011). On remand and prior to the new penalty phase proceeding, the Defendant filed a motion challenging the State’s introduction of his 1997 convictions in support of the prior violent felony aggravating circumstance, arguing that the violence of these convictions was ambiguous. See T.C.A. § 39-13-204(i)(2). The trial court denied the Defendant’s motion, concluding that the issue had been previously litigated and decided in the Defendant’s prior appeal. The Defendant then filed an extraordinary appeal, pursuant to Tennessee Rule of Appellate Procedure 10, which this Court denied. Thereafter, the Defendant agreed to accept a sentence of life without the possibility of parole, and a hearing was held to enter that sentence and a judgment of conviction reflecting that sentence. The Defendant appeals this judgment, contending that his sentence is illegal and void and should be set aside. He again argues that he is ineligible to receive this sentence because his 1997 convictions were insufficient to support the prior violent felony aggravating circumstance. After a thorough review of the record and applicable law, we dismiss the appeal. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Cedric Robertson
The Defendant, Cedric Robertson, was convicted by a Madison County Circuit Court jury of the sale and the delivery of more than one-half ounce of marijuana, a Class E felony. See T.C.A. §§ 39-17-417 (Supp. 2012) (amended 2014), 39-17-415 (2014). The trial court merged the convictions and sentenced the Defendant as a Range II, multiple offender to four years’ confinement. On appeal, the Defendant contends that the evidence is insufficient to support his conviction. We affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Anthony Dewayne Blaylock
A Madison County jury convicted the Defendant, Anthony Dewayne Blaylock, of two counts of aggravated assault, one count of attempted aggravated assault, and one count of criminal trespass, and the trial court sentenced him to an effective sentence of eight years in confinement. On appeal, the Defendant contends that the evidence is insufficient to sustain his convictions. After a thorough review of the record and applicable authorities, we affirm the trial court’s judgments. |
Madison | Court of Criminal Appeals | |
Nicholas Short v. State of Tennessee
Petitioner, Nicholas Short, was indicted by the Davidson County Grand Jury for one count of first degree premeditated murder and one count of felony murder in the perpetration of an especially aggravated robbery. Petitioner was convicted by a jury of first degree premeditated murder in count 1 and the lesser-included offense of second degree murder in count 2. The trial court merged the two offenses and sentenced Petitioner to a term of life imprisonment. Petitioner appealed his conviction, and this court affirmed. State v. Nicholas Short, No. M2010-01914-CCA-R3-CD, 2012 WL 1593174 (Tenn. Crim. App., May 7, 2012), perm. to app. denied (Tenn., Sept. 20, 2012). Petitioner filed a petition seeking post-conviction relief on the basis that his trial counsel provided ineffective assistance of counsel. Following an evidentiary hearing, the post-conviction court denied post-conviction relief. Petitioner appeals the post-conviction court’s denial of his post-conviction petition. Having carefully reviewed the record, we affirm the denial of post-conviction relief. |
Davidson | Court of Criminal Appeals | |
Vanderbilt University v. Tennessee State Board of Equalization, et al
Vanderbilt University applied for a 100% property tax exemption for eleven of its fraternity houses pursuant to the educational exemption, Tenn. Code Ann. § 67-5-212(a)(1), or the dormitory exemption, Tenn. Code Ann. § 67-5-213(a). The State Board of Equalization (“SBOE”) denied Vanderbilt’s application, and Vanderbilt sought administrative review. An administrative law judge and the Assessment Appeals Commission both reached the same conclusion as the SBOE. Vanderbilt then sought judicial review, and the trial court determined that the fraternity houses were entitled to the 100% exemption because they satisfied the requirements for the educational exemption. The State appealed, and we reverse the trial court’s decision. The fraternity houses are not used “purely and exclusively” for educational purposes, as that provision has been interpreted and applied by the courts. We also decline to find the fraternity houses qualify for the dormitory exemption because they are not used primarily for dormitory purposes, as the statute requires. |
Davidson | Court of Appeals | |
Alvertis Boyd v. State of Tennessee
The Petitioner, Alvertis Boyd, was convicted of aggravated robbery, and the trial court sentenced him as a repeat violent offender to life imprisonment. This Court affirmed his conviction and sentence on appeal. State v. Alvertis Boyd, No. W2010-01513-CCA-R3-CD, 2011 WL 2586811, at *1 (Tenn. Crim. App., at Jackson, July 1, 2011), perm. app. denied (Tenn. Nov. 16, 2011). The Petitioner filed a petition seeking post-conviction relief, and, after a hearing, the post-conviction court denied the Petitioner relief. After review, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
In re Dayton R., et al.
This case involves a petition for grandparent visitation filed by the great-grandparents of the children at issue. The trial court concluded that great-grandparents do not qualify as “grandparents” under Tennessee’s grandparent visitation statute, Tennessee Code Annotated section 36-6-306. Accordingly, the court concluded that the great-grandparents lacked standing to pursue their petition and dismissed the petition for lack of subject matter jurisdiction. We reverse and remand for further proceedings. |
Henderson | Court of Appeals | |
In re Adison P.
This accelerated interlocutory appeal results from the trial court’s denial of Appellant William R. F.’s (“Father”) motion for recusal. Having reviewed the trial court’s ruling on the motion for recusal pursuant to the de novo standard of review required under Tennessee Supreme Court Rule 10B, we reverse the judgment of the trial court. |
Henderson | Court of Appeals | |
In re Adison P. - dissent
I must respectfully dissent from the majority opinion for two reasons. |
Henderson | Court of Appeals | |
Anthony Holder, et al. v. Shelby County, Tennessee
Appellant father filed a complaint for damages against the defendant county, alleging that the negligence of a county employee caused the death of his son. The county filed a motion to dismiss the complaint based upon sovereign immunity. The trial court granted the motion to dismiss, concluding that the county employee’s actions constituted intentional torts for which immunity was not removed, and that the employee’s actions were outside the scope of his employment. We reverse and remand. |
Shelby | Court of Appeals | |
State of Tennessee v. Damien Clark
The Defendant, Damien Clark, was convicted of second degree murder in 2006 and received a twenty-year sentence at 100% service. Seven years later, the Defendant filed a motion pursuant to Tennessee Criminal Procedure Rule 36.1 requesting that the trial court correct an illegal sentence because his sentence was in violation of Tennessee Code Annotated section 40-35-120(g) (2014). The trial court summarily denied relief for failure to state a colorable claim. On appeal, he contends that the trial court erred in denying him relief. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Mikel C. Hamrick
The Defendant, Mikel C. Hamrick, pleaded guilty to aggravated burglary, especially aggravated stalking, domestic assault, and theft and received an effective four-year sentence to be served consecutively to the sentences he received in two unrelated cases. Less than four years later, the Defendant filed a motion pursuant to Tennessee Criminal Procedure Rule 36.1 requesting that the trial court correct an illegal sentence on the ground that he pleaded guilty to the aggravated burglary of his own home, a legal impossibility. The trial court summarily dismissed the motion for failure to state a colorable claim. On appeal, he contends that the trial court erred in dismissing his motion. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Anthony Washington v. James Holloway, Warden
The petitioner, Anthony Washington, appeals the Circuit Court for Lauderdale County’s denial of his pro se petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court. |
Lauderdale | Court of Criminal Appeals | |
Amelia Jane Langlo v. Roger Eldar Langlo
This appeal arises from the parties’ post-divorce issues. The mother filed a petition for contempt for failure to remit alimony. The father responded with a petition to reduce his alimony obligation. He later orally requested to modify his child support obligation. Following a hearing, the trial court denied the mother’s petition for contempt, the father’s petition to reduce his alimony obligation, and the father’s request to reduce his child support obligation. The father appeals. We affirm the decision of the trial court.
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Bradley | Court of Appeals | |
State of Tennessee v. Talmadge Hurt
Defendant, Talmadge Hurt, was indicted by the Shelby County Grand Jury in September of 2009 for aggravated robbery and attempted aggravated robbery. He was tried with co-defendant Adrian Chaney for events that occurred at La Playita Mexican Restaurant in Memphis in April of 2007. The jury convicted Defendant of facilitation of aggravated robbery and facilitation of attempted aggravated robbery. After a sentencing hearing, Defendant was sentenced to consecutive sentences of ten years for facilitation of aggravated robbery and eight years for facilitation of attempted aggravated robbery. Defendant did not file a motion for new trial or seek a direct appeal. He filed a petition for post-conviction relief in October of 2011, in which he alleged, among other things, that he received ineffective assistance of counsel when trial counsel failed to file a motion for new trial. The post-conviction court granted leave for Defendant to file a delayed appeal pursuant to Tennessee Code Annotated section 40-30-113(a)(3) and Tennessee Supreme Court Rule 28, Section 9. Defendant filed a motion for new trial. The motion was denied by the trial court and this appeal followed. Defendant presents the following issues for our review on appeal: (1) whether the evidence was sufficient to support the convictions; and (2) whether the trial court erred by refusing to allow a defense witness to testify whether he could identify Defendant from a still photograph taken from surveillance video of the incident. After a review, we determine that the evidence was sufficient to support the convictions for aggravated robbery and attempted aggravated robbery. Additionally, we determine that the trial court did not err by excluding the opinion testimony of a lay witness that was not helpful to a determination of a fact in issue. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Brian Lee Johnson
A Wilson County Criminal Court Jury convicted the appellant, Brian Lee Johnson, of driving under the influence (DUI). Subsequently, the trial court convicted him of DUI, fifth offense; violating a habitual traffic offender order; and driving on a revoked license, fourth offense. After a sentencing hearing, the trial court sentenced him to an effective four-year sentence to be served as 315 days in confinement and the remainder on supervised probation. On appeal, the appellant contends that the evidence is insufficient to support the convictions. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Wilson | Court of Criminal Appeals | |
Lydranna Lewis, et al. v. Shelby County, Tennessee
Plaintiffs worked as counselors in a correctional facility that houses male inmates in a dorm-like setting in Shelby County. In September 2010, they were attacked and beaten by an inmate. Plaintiffs filed an action for negligence against Shelby County under the Governmental Tort Liability Act, alleging the County was liable for damages caused by the negligent acts and/or omissions of County employees. Plaintiffs alleged that the supervising counselor/shift supervisor negligently failed to respond to their “code red” calls for help; that he negligently failed to provide adequate staffing and equipment; and that he negligently failed to implement the facility directives. The trial court determined that the County was entitled to summary judgment under the discretionary function exception contained in Tennessee Code Annotated § 29-20-205. We reverse and remand the case to the trial court for further proceedings consistent with this opinion. |
Shelby | Court of Appeals | |
State of Tennessee v. Justin Allen Stratton
The Defendant, Justin Allen Stratton, was convicted of first degree premeditated murder by a Washington County Criminal Court jury. See T.C.A. § 39-13-202 (2014). He was sentenced to life in prison. On appeal, he contends that the evidence is insufficient to support his conviction and that plain error exists because the jury was not instructed regarding corroboration of accomplice testimony. We affirm the judgment of the trial court. |
Washington | Court of Criminal Appeals |