Justin Tyler Brewer v. State of Tennessee
Petitioner, Justin Tyler Brewer, appeals from the Wayne County Circuit Court’s denial of a petition for habeas corpus relief in which he claimed that he received a sentence outside of his range. Petitioner raises an additional claim on appeal, that the judgment for one of his convictions is void because it provides for release eligibility. After a review of the record, we determine that Petitioner has failed to show that his judgment for second degree murder is void or that his sentence has expired. Further, Petitioner is not entitled to habeas corpus relief for his aggravated kidnapping conviction according to Tennessee Code Annotated section 29-21-101. |
Wayne | Court of Criminal Appeals | |
In Re: Estate of Miriam L. Rinehart
This case concerns a holographic will executed by the testator while under a conservatorship. After the testator died, Appellant sought to be named personal representative over the decedent’s estate and to have the decedent’s holographic will probated. The decedent’s daughter objected, arguing that at the time the holographic will was executed, the decedent was under a conservatorship that expressly revoked the decedent’s right to make a will. The trial court granted the motion to dismiss in favor of the decedent’s daughter. Discerning no error, we affirm. |
Shelby | Court of Appeals | |
In the Matter of: Alex B.T.
This is a termination of parental rights case. The legal guardians of the child filed a petition to terminate Mother’s parental rights based on her alleged willful failure to visit and support the child. The trial court found that Mother’s efforts to visit and support had been frustrated by the legal guardians’ actions. Therefore, the trial court concluded that Mother’s failure to visit and support was not willful. Because the legal guardians failed to prove any of the grounds required to terminate Mother’s parental rights, the trial court denied the petition. We affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Frederick Edward Braxton
Appellant, Frederick Edward Braxton a/k/a Frederick Frank Brown, was convicted by a Davidson County Jury of selling less than .5 grams of cocaine within 1000 feet of a school, evading arrest, and criminal impersonation. On appeal, Appellant complains that: (1) the indictment did not adequatelycharge Appellant with selling a controlled substance in a drugfree school zone; (2) the State did not establish a sufficient chain of custody prior to the introduction of the cocaine into evidence; and (3) the evidence was insufficient to establish that he sold cocaine in a drug-free school zone. After a review of the record, we determine the indictment was not invalid for failing to reference the Drug Free School Zone Act because it adequately described the offense. Further, we determine that the trial court did not abuse its discretion in admitting the cocaine into evidence and that the evidence was sufficient to establish that Appellant sold cocaine weighing less than .5 grams within 1000 feet of a Drug Free School Zone. Accordingly, the judgments of the trial court are affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. James John Lewis
The Defendant, James John Lewis, pled guilty to four counts of rape of a child and four counts of incest, and the trial court sentenced him to an effective sentence of twenty-five years, twenty years of which to be served at 100% and the remaining five years to be served at 30%. Two years later, the Defendant filed a petition to correct an illegal sentence and to withdraw his guilty plea, contending that he was not informed his sentence required that he be placed on community supervision for the remainder of his life. The trial court summarily dismissed the petition. On appeal, the Defendant contends the trial court erred when it dismissed his petition. Finding no error, we affirm the trial court’s judgment. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Tianje R. Johnson
The Defendant, Tianje R. Johnson, pled guilty to four counts of sale of a controlled substance, four counts of delivery of a controlled substance, and two counts of possession with the intent to deliver or sell a controlled substance. The appropriate counts were merged and the trial court sentenced her on the five remaining counts to an effective sentence of fourteen years in the Tennessee Department of Correction. On appeal, the Defendant argues that the trial court improperly denied her an alternative sentence and erred when it denied her motion to reduce her sentence. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments. |
Marshall | Court of Criminal Appeals | |
Benjamin Indoccio v. M & A Builders, LLC, et al.
This appeal arises from injuries Plaintiff sustained after falling down a staircase while working on the construction of a home. Plaintiff filed a negligence action against the general contractorand the subcontractorresponsible for the construction ofthe custom staircase. The matter was tried before a jury, and the jury returned a verdict finding Plaintiff fifty percent at fault, the subcontractor thirty-five percent at fault, and the general contractor fifteen percent at fault. After his motion for new trial was denied, Plaintiff filed this appeal. Plaintiff asserts that the trial court erred by excluding evidence that the subcontractor’s employees used marijuana while working on the construction of the staircase, and erred by excluding evidence of misdemeanor convictions and probation violations of one of the subcontractor’s employees. Plaintiff also asserts that the trial court erroneously instructed the jury regarding notice, negligence, and foreseeability. After thoroughly reviewing the record, we find that the trial court did not abuse its discretion by excluding the evidence of alleged marijuana use or the evidence of misdemeanor convictions and probation violations. Similarly, we find that the jury instructions on notice, negligence, and foreseeability were proper. Accordingly, we affirm the judgment of the trial court. |
Rutherford | Court of Appeals | |
Forrest Erectors, Inc. v. Holston Glass Company, Inc.
A Tennessee corporation located in Montgomery County filed a breach of contract action against a Tennessee corporation located in Sullivan Countyto collect moneyallegedlyowing for services rendered in North Carolina. The defendant moved to dismiss the complaint for improper venue. The trial court granted the motion and dismissed the complaint because it concluded the proper venue was Sullivan County, where the defendant resides. We affirm the trial court’s judgment. The plaintiff’s action is transitory and therefore governed by Tenn. Code Ann. § 20-4-101. We conclude the cause of action arose in North Carolina and, pursuant to the statute, venue is proper in Tennessee where the defendant resides. |
Montgomery | Court of Appeals | |
State of Tennessee v. Eric Ricardo Middleton
The defendant, Eric Ricardo Middleton, was convicted by a Madison County Circuit Court jury of first degree premeditated murder; second degree murder, a Class A felony; and tampering with the evidence, a Class C felony. He was sentenced to an effective term of life imprisonment plus twenty-five years. On appeal, the defendant argues that: (1) the trial court erred in allowing the doctor who performed the autopsies on the victims to testify as an expert; (2) the trial court erred in denying his request for a jury instruction that Mary Thompson, the co-defendant, was an accomplice as a matter of law; (3) the evidence was insufficient to sustain his convictions; and (4) the trial court erred in imposing partial consecutive sentences. After review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Jessie Lee Palmer
The Defendant-Appellant, Jessie Lee Palmer, pled guilty in the Circuit Court of Dyer County to promotion of methamphetamine manufacture, a Class D felony. He was sentenced as a Range II, multiple offender and received four years’ imprisonment. Pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure, Palmer reserved certified questions of law addressing whether the trial court erred in denying his motion to suppress evidence obtained following the stop and search of a taxicab in which Palmer was a passenger. In this appeal, the Defendant-Appellant, raises the following issues for our review: (1) whether he has standing to challenge the search; (2) whether the officers had reasonable suspicion to stop the car; (3) whether the taxicab driver’s consent to search was obtained as a result of an illegal stop; and (4) whether the evidence seized from the taxicab should have been suppressed as fruit of the poisonous tree. Upon review, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Kristie M. Smith
Defendant, Kristie M. Smith, was indicted by the Knox County Grand Jury for the first degree premeditated murder of her boyfriend, Curtis Phoenix. Following a jury trial, Defendant was convicted as charged and sentenced to life imprisonment. On appeal, Defendant asserts that: 1) the evidence was insufficient to sustain her conviction; 2) the admission into evidence of Defendant’s recorded phone calls from jail was error; 3) the admission into evidence of letters written by the Defendant while in jail was error;and 4) Defendant received the ineffective assistance of counsel at trial. After a thorough review of the record before us, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Charles Roach and Joyce Roach v. Dixie Gas Company; Ben Thomas Williams, Jr., Individually and as Owner and Manager of Dixie Gas Company; Semstream, L.P.; Santie Wholesale Oil Company, A Division of Blue Rhino Reliable Propane; and John Does 1 through 10
This lawsuit for damages arises out of an explosion. The plaintiff customers went to the defendant propane gas facility to fill their recreational vehicle with propane. Soon after they arrived, one of the propane hoses began to leak, and propane gas vapor began to envelope the premises. After a short period of time, the propane gas tank exploded, causing devastating property damage and destroying the plaintiffs’ recreational vehicle. The plaintiffs filed this lawsuit against the defendants, alleging that they were near the explosion site when the explosion occurred, and that the explosion caused them numerous physical and psychological injuries. The defendants admitted liability and compensated the plaintiffs for their property damage. The defendants claimed, however, that the plaintiffs were not present at the explosion site when the explosion occurred and did not sustain any personal injuries caused by the explosion. After a jury trial, the jury returned a verdict in favor of the defendants, determining that the explosion did not cause any personal injuries to the plaintiffs and awarding zero damages. The plaintiffs now appeal. We affirm. |
Hardeman | Court of Appeals | |
Morgan Keegan & Company, Inc., v. William Hamilton Smythe, III, Individually; William H. Smythe, IV, Trust U/A/DTD 12/29/87, William H. Smythe, III, Trustee; and Smythe Children's Trust #2 FBO Katherine S. Thinnes U/A/DTD 12/29/87
This appeal involves a trial court’s order vacating an arbitration award. The parties engaged in arbitration over a dispute in which the respondent investors asserted that the petitioner investment company mismanaged their funds. The investors prevailed and received a substantial arbitration award against the investment company. The investment company filed a petition in the trial court to vacate the arbitration award, alleging partiality and bias on the part of two members of the arbitration panel. After a hearing, the trial court entered an order vacating the arbitration award and remanding the matter to the regulatory authority for a rehearing before another panel of arbitrators. The respondent investors now appeal. We |
Shelby | Court of Appeals | |
State of Tennessee v. Jonathan Ray Swanner
A Knox County Criminal Court jury convicted the defendant, Jonathan Ray Swanner, of three counts of rape of a child, see T.C.A. § 39-13-522 (2006), and one count of aggravated sexual battery, see id. § 39-13-504(a)(4). The trial court imposed sentences of 24 years’ incarceration for each rape of a child conviction and 11 years’ incarceration for the aggravated sexual battery conviction, to be served concurrently at 100 percent. In addition to challenging the sufficiency of the evidence on appeal, the defendant contends that the trial court’s ruling that the defendant could not testify about the victim’s prior allegation of molestation resulted in a denial of the defendant’s right to testify; that the trial court erred by allowing the State to use leading questions in its direct examination of the victim; that the trial court erred by allowing the State to introduce extrinsic evidence of a prior inconsistent statement to impeach the victim; that the State violated the rules of discovery by not disclosing the victim’s statement prior to trial; and that the trial court erred by not giving a limiting jury instruction regarding prior inconsistent statements. Discerning no error, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Michael Lee McKinney v. State of Tennessee
The Petitioner, Michael Lee McKinney, appeals the Hamilton County Criminal Court’s summary dismissal of his pro se petition for writ of habeas corpus seeking relief from his eight-year sentence for reckless aggravated assault. On appeal, the Petitioner contends that the habeas corpus court erred in dismissing his petition without a hearing or the appointment of counsel. Because the Petitioner has failed to comply with the procedural prerequisites for seeking habeas corpus relief, we affirm the summary dismissal of the petition. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Joseph Tipler
The state appeals from the post-conviction court’s judgment granting the petitioner a new sentencing hearing. A Shelby County jury convicted the petitioner on two counts of aggravated kidnapping, two counts of aggravated assault, one count of assault, and one count of aggravated burglary. The trial court - Division One of the Shelby County Criminal Court - sentenced him as a Range II, multiple offender to an effective sentence of twenty years in the Tennessee Department of Correction, with a release eligibility of thirty-five percent on all counts. The petitioner’s habeas corpus petition alleged that a release eligibility of thirty-five percent was illegal for his aggravated kidnapping convictions. The habeas court - Division Five of the Davidson County Criminal Court - agreed, and it vacated his sentences for aggravated kidnapping. The habeas court remanded the case to Division One of the Shelby County Criminal Court - for a new sentencing hearing in accordance with Tennessee Code Annotated section 40-35-501. On remand, the trial court corrected the judgment forms to reflect the 100% release eligibility required by statute for the aggravated kidnapping convictions but did not conduct a hearing. The petitioner filed a petition for post-conviction relief alleging that the corrected judgments were void and that the entry of corrected judgments violated double jeopardy. The post-conviction court - Division Eight of the Shelby County Criminal Court - granted relief, vacating the corrected judgments and remanding the case to Division One of the Shelby County Criminal Court for a new sentencing hearing. The state appeals the post-conviction court’s order, arguing that the only possible remedy for the petitioner was the entry of corrected judgments. Following our review, we reverse the postconviction court’s order granting relief and dismiss the post-conviction petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jacob Haliburton
A Shelby County jury convicted the Appellant, Jacob Haliburton, of theft of property over $10,000, a Class C felony, and intentionally evading arrest in a motor vehicle, a Class E felony. He received a five and two year sentence, ordered to be served consecutively, for an effective seven year sentence. In this appeal, the Appellant presents the following issues for our review: (1) whether the evidence is sufficient to support his convictions; (2) whether the trial court committed plain error by failing to charge the jury with instructions regarding duress and necessity; (3) whether the sentence imposed was excessive; and (4) whether the trial court erred in ordering consecutive sentences. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Danny Wayne Finchum v. Shanda Kay Finchum Cooper
This is an appeal from an order granting a partial summary judgment in an action to modify a final decree of divorce. Because the order appealed does not resolve all the claims between the parties but rather orders the remaining issues set for trial, we dismiss the appeal for lack of a final judgment. |
Franklin | Court of Appeals | |
Henry Zillon Felts v. State of Tennessee
In this post-conviction appeal, we must determine whether Petitioner Henry Zillon Felts was denied the effective assistance of counsel at his trial for aggravated burglary and attempted first degree murder. The post-conviction court vacated Petitioner’s convictions after concluding that trial counsel’s representation was ineffective because he: (1) pursued self-defense exclusively, rather than pursuing self-defense along with the alternative strategy of convincing the jury to convict Petitioner of the lesser-included offense of attempted voluntary manslaughter, and (2) failed to keep a promise to the jury made during opening statements that Petitioner would testify at trial. The Court of Criminal Appeals affirmed. We granted the State’s application for permission to appeal. We hold that the courts below erred by concluding that trial counsel performed deficiently. Accordingly, we reverse the judgment of the Court of Criminal Appeals and remand this case for reinstatement of Petitioner’s convictions. |
Sumner | Supreme Court | |
B & C Construction Co., Inc. v. Bancorp South Bank, et al.
Appellant appealed a non-final judgment and therefore, we dismiss this appeal for lack of jurisdiction. |
Shelby | Court of Appeals | |
State of Tennessee v. Eryk N. Carrasco and Luis Prieto
The Defendants, Eryk N. Carrasco and Luis Prieto, pled guilty as Range I offenders to possession with intent to deliver less than 0.5 gram of cocaine, a Class C felony. See T.C.A. §§ 39-17-417(a), (c)(2)(A) (2010). Each defendant was sentenced to serve four years. The Defendants’ plea agreements reserved a certified question of law regarding the legality of the traffic stop that led to their arrests. We affirm the judgments of the trial court. |
Dickson | Court of Criminal Appeals | |
John V. L. v. State of Tennessee, Department of Children's Services
Respondent father asserts the petition for dependency and neglect filed by the Department of Children’s Services in juvenile court should be dismissed for insufficient service of process, and that Tennessee Code Annotated 37-1-102(b)(23) is unconstitutional as applied to him. Upon de novo appeal, the circuit court affirmed the finding of dependency and neglect and dismissed the Constitutional challenge. We affirm. |
Shelby | Court of Appeals | |
Margaret A. Norfleet v. Pulte Homes Tennessee Limited Partnership
While touring a model home in a new residential home development, the plaintiff fell when she failed to see a four-inch step as she walked from the foyer into the sunken living room. This premises liabilityaction followed. The defendant constructed, owned, and managed the model home in which the plaintiff fell. Upon motion of the defendant, the trial court summarily dismissed the complaint upon two findings: that the defendant did not owe a legal duty to the plaintiff and that the plaintiff was more than fifty percent at fault. We affirm upon the finding that the plaintiff cannot establish that a duty was owed to her by the defendant. |
Davidson | Court of Appeals | |
State of Tennessee v. Derrick Rice
Derrick Rice (“the Defendant”) appeals jury convictions for first degree premeditated murder and attempted first degree premeditated murder, claiming that the trial court erred in denying extrinsic evidence of a prior inconsistent statement to impeach the testimony of a witness and challenging the sufficiency of the evidence for both convictions. After a thorough review of the record and the applicable law, we affirm the Defendant’s convictions. |
Shelby | Court of Criminal Appeals | |
Lue Holcomb v. State of Tennessee
The Petitioner filed for post-conviction relief alleging (1) that he received ineffective assistance of counsel in conjunction with his guilty plea to aggravated assault; and (2) that his plea was not voluntary as constitutionally required. After an evidentiary hearing, the post-conviction court denied relief, and the Petitioner has appealed. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals |