Jerry Ray, Executor of The Estate of James Earl Ray v. State Of
W2002-01611-COA-R3-CV
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Kay S. Robilio |
Shelby County | Court of Appeals | 05/16/03 | |
W2002-03045-COA-R3-JV
W2002-03045-COA-R3-JV
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Christy R. Little |
Madison County | Court of Appeals | 05/16/03 | |
State of Tennessee v. Mary Lee Dillihunt
W2002-00843-CCA-R3-CD
The defendant was convicted of delivery of less than .5 grams of cocaine, a Class C felony, and sentenced to eight years as a Range II, multiple offender, to be served consecutively to a sentence for a prior conviction. In a timely appeal to this court, she raises the sole issue of whether the evidence was sufficient to support her conviction. Following our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 05/16/03 | |
Christopher A. Johnson v. State of Tennessee
E2002-01208-CCA-R3-PC
In his pro se appeal, Petitioner, Christopher Johnson, seeks to reverse the trial court's dismissal of his petition for a writ of habeas corpus. In the petition, he contends that his sentence for second degree burglary has expired. We affirm the judgment of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 05/16/03 | |
State of Tennessee v. Jimmy Wayne Dudley
W2001-01381-CCA-R3-CD
A Madison County grand jury indicted the defendant for aggravated assault. Subsequently a trial jury convicted the defendant as charged. By the time of the sentencing hearing, the parties had reached an agreement involving a pending probation revocation matter, a pending assault charge, and the instant conviction. With respect to the probation revocation, the trial court ordered the defendant to serve four years at 30% as a standard offender. On the assault conviction, the court ordered the defendant to serve eleven months and twenty-nine days at 75%. Finally, the defendant received an agreed upon four-and-one-half-year sentence to be served at 30% as a standard offender for the aggravated assault conviction at issue in this case.1 The sentences were ordered run in such a manner that the defendant by agreement received an effective sentence of eight and one-half years. The defendant later filed a motion for new trial and an amended motion for new trial unsuccessfully raising five issues. Through this appeal the defendant continues to assert that 1) the evidence is insufficient to support his aggravated assault conviction; 2) the trial court erred in not allowing the defense to present evidence that the victim's bodily injury resulted from another incident, not the defendant's purported use of a deadly weapon; and 3) the trial court erred in admitting a photograph allegedly showing the victim's injuries and in admitting a shirt allegedly worn by the victim at the time of the offense as these items were not provided to the defense in pre-trial discovery. However, after reviewing the record and relevant authorities, we find that these contentions lack merit or have been waived. We, thus, affirm the lower court's denial of relief.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 05/16/03 | |
State of Tennessee v. Wesley D. Whittington
II-202-066-A
Defendant, Wesley D. Whittington, entered guilty pleas to the charges of possession of marijuana with the intent to sell or deliver, a Class E felony, and possession of drug paraphernalia, a Class A misdemeanor. Defendant and the State agreed to sentences of one year for the felony conviction and eleven months and twenty-nine days for the misdemeanor conviction, to be served concurrently. The negotiated plea agreement further stated that the trial court would determine the manner in which Defendant would serve his sentences. Following a sentencing hearing, the trial court ordered Defendant’s sentences to be served in confinement. Defendant appeals the trial court’s refusal to order alternative sentencing. After a careful review of the record, we affirm the judgments of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 05/16/03 | |
Roosevelt Malone v. State of Tennessee
E2002-00782-CCA-R3-PC
Petitioner, Roosevelt Malone, appeals the post-conviction court's dismissal of his petition for post-conviction relief. Petitioner contends that the post-conviction court erred when it failed to conduct an evidentiary hearing and failed to grant Petitioner sufficient time to amend his petition. Upon review of this matter, we reverse the judgment of the post-conviction court and remand this case for proceedings consistent with this opinion.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 05/16/03 | |
State of Tennessee v. Stephen Daniel Grande, Sr.
W2001-00998-CCA-R3-CD
The appellant, Stephen Daniel Grande, Sr., was convicted by a jury of the unlawful manufacturing of methamphetamine and of introducing contraband into a penal institution. He received two concurrent three year sentences to be served on community corrections following service of a year of incarceration. In this appeal the appellant raises seven issues including whether the evidence is sufficient to support the verdict. However, in his brief the appellant cites no relevant authority to support his arguments. Indeed, the brief of the appellant is little more than a written diatribe describing alleged unlawful activities on the part of the authorities in Henry County, Tennessee, and characterizing those alleged activities as unconstitutional. Under these circumstances we find that the appellant has waived review of the issues on appeal. Nevertheless, we have in the interests of justice, reviewed the primary issue of the sufficiency of the evidence. We hold that the evidence is more than sufficient to support the verdict of the jury. Accordingly, the judgments of the trial court are affirmed.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Julian P. Guinn |
Henry County | Court of Criminal Appeals | 05/16/03 | |
State of Tennessee v. Montrell Clements
W2002-01139-CCA-R3-CD
The defendant, Montrell Clements, was convicted of aggravated rape and aggravated assault and sentenced to twenty-two years and six years, respectively, to be served concurrently. The defendant timely appealed, arguing that the evidence was insufficient to support his convictions. Following our review, we affirm the judgments of the trial court but remand for entry of a corrected judgment in No. 00-14457 to reflect the defendant's conviction offense, which was omitted from the judgment form.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 05/16/03 | |
Allen Oliver v. State of Tennessee
W2002-02085-CCA-R3-PC
The petitioner, Allen Oliver, appeals the post-conviction court’s dismissal of his pro se petition for post-conviction relief as barred by the one-year statute of limitations. The petitioner pled guilty to various offenses pursuant to a plea agreement on July 2, 2001, and his petition for post-conviction relief was stamped filed in the clerk’s office on July 3, 2002. Because the judgment of conviction did not become final until thirty days after its entry, the petition for post-conviction relief was timely filed. Thus, we reverse and remand to the post-conviction court for further proceedings.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 05/16/03 | |
State of Tennessee v. Robert Frost
W2001-00818-CCA-R3-CD
A Tipton County jury convicted the defendant, Robert Frost, of bribery of a public servant. The trial court subsequently ordered the defendant to serve three years as a standard offender in community based alternative sentencing. The defendant now brings this direct appeal of his conviction, challenging (1) the trial court's decision to admit certain exhibits over his objection; (2) a certain portion of the trial court's instruction to the jury regarding his indicted offense; and (3) the sufficiency of the evidence to support his conviction. After a thorough review of the record, we find that none of the defendant's allegations merit relief and accordingly affirm the judgment of the trial court.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Joseph H. Walker, III |
Tipton County | Court of Criminal Appeals | 05/16/03 | |
State of Tennessee v. Chauncey Daugherty
W2002-01141-CCA-R3-CD
A Shelby County jury convicted the defendant, Chauncey Daugherty, of driving under the influence, second offense. The trial court sentenced him to eleven months and twenty-nine days and ordered 180 days be served in the county workhouse followed by probation. On appeal, the defendant maintains the evidence was insufficient to support the conviction. We affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge W. Fred Axley |
Shelby County | Court of Criminal Appeals | 05/16/03 | |
State of Tennessee v. Willie Lee Davidson
E2001-02659-CCA-R3-CD
The appellant, Willie Lee Davidson, pled guilty to the offenses of hindering a secured creditor and the sale of cocaine. As part of the plea agreement the appellant agreed to a sentence of two years for the former offense and three years for the latter. By agreement the sentences were to run concurrently, with the manner of service to be left to the trial court. The trial court denied any form of alternative service of the appellant's effective three-year sentence and ordered the appellant to serve his sentence in incarceration. From this decision the appellant brings this appeal. After reviewing the record and applicable authorities, we hold there is no reversible error in this case. The judgment of the trial court is therefore affirmed.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Rex Henry Ogle |
Sevier County | Court of Criminal Appeals | 05/16/03 | |
Randall Carver v. State of Tennessee
M2002-02891-CCA-R3-CO
On February 9, 2002, the petitioner pled guilty to aggravated assault and attempted especially aggravated kidnapping and was sentenced, respectively, to concurrent six- and eight-year sentences. On October 22, 2002, he filed a pro se “Petition for Writ of Error Coram Nobis and/or Writ of Habeas Corpus,” seeking relief because of newly discovered evidence that, at the time of his pleas of guilty, the victim “was under numerous felony charges,” which “information was flagrantly kept from the defense,” and because he pled guilty to aggravated assault which is not a lesser-included offense of attempt to commit first degree murder, for which he was indicted. Additionally, he argues on appeal that the post-conviction court erred in dismissing his petition without appointing counsel or conducting an evidentiary hearing. Following our review, we affirm the post-conviction court’s dismissal of the petition.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 05/16/03 | |
W2002-02767-COA-R3-CV
W2002-02767-COA-R3-CV
Authoring Judge: Judge Holly M. Kirby
Originating Judge:Dewey C. Whitenton |
Hardeman County | Court of Appeals | 05/16/03 | |
State of Tennessee v. Douglas R. Beecham
M2002-01859-CCA-R3-CD
After pleading guilty in the Cheatham County Circuit Court to felony possession of a firearm, the appellant, Douglas R. Beecham, was placed on probation. Immediately after the institution of probation, the appellant submitted a falsified urine sample to his probation officer to use in a drug screen. Based upon the falsified sample, the trial court revoked the appellant's probation and ordered the appellant to serve a portion of his sentence in confinement and the balance on probation. On appeal, the appellant complains that the trial court erred in revoking his probation. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Robert E. Burch |
Cheatham County | Court of Criminal Appeals | 05/16/03 | |
State of Tennessee v. Anthony Humphrey
W2002-00195-CCA-R3-CD
The defendant was convicted of voluntary manslaughter, attempted voluntary manslaughter, attempted aggravated robbery, and attempted especially aggravated robbery. He was sentenced to six years for the voluntary manslaughter conviction, four years for the attempted voluntary manslaughter conviction, six years for the attempted aggravated robbery conviction, and twelve years for the attempted especially aggravated robbery conviction. The attempted voluntary manslaughter conviction was ordered concurrent with the other three convictions which were ordered consecutive to one another, for an effective sentence of twenty-four years. On appeal, the defendant raises three issues for our review: (1) whether the evidence was sufficient to support his convictions; (2) whether the trial court committed plain error by allowing testimony concerning his gang affiliations; and (3) whether the trial court appropriately sentenced the defendant. Following our review, we affirm the judgments of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 05/16/03 | |
Randy Selby v. Highways, Inc.
M2002-00340-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann._ 5-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant appeals the trial court's decision on the grounds that it argues that the medical testimony preponderates against the trial court's finding that the August 22, 1998, incident was the cause of the plaintiff's psychological injury, that the trial court erroneously allowed Dr. John Averitt, a clinical psychologist, to testify on the issue of permanency and causation, that the trial court erroneously relied upon the testimony of Dr. Averitt in weighing the medical expert evidence, and that the trial court erroneously allowed Dr. Averitt to testify on the issue of maximum medical improvement. We affirm the decision of the trial court but modify the judgment as to the date of the plaintiff's maximum medical improvement. Tenn. Code Ann. _ 5-6-225(e) (1999) Appeal as of Right; Judgment of the Putnam County Circuit Court is Affirmed as Modified BYERS, SR.J., in which DROWOTA, C.J., and LOSER, SP.J., joined. John W. Barringer, Jr., of Nashville, Tennessee, for the Appellant, Highways, Inc. James P. Smith, of Crossville, Tennessee, for the Appellee, Randy Selby. MEMORANDUM OPINION Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. _ 5-6-225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial courts in workers' compensation cases. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). Facts The plaintiff (employee) was thirty-eight years of age at the time of trial. He testified that he left high school in the ninth grade and began working on a tobacco farm where he worked for approximately two years. He then worked on another farm, in a garment factory, and in a foam rubber factory. He then got married, obtained his graduate equivalency degree, and attended a communications vocational school in the state of Washington. He did not obtain a degree from this school, despite his having thought he did. His final job before working for the defendant was at a paving company where he ran machinery. The plaintiff testified that he began working for the defendant company in approximately 1993. He alleges that he received psychological injuries from an incident that occurred on August 22, 1998, in the course and scope of his employment with Townsend Tree Service. Specifically, the plaintiff alleges that while he was working on a sand crusher at a sand plant, he was "hit on the side of the head with a coke can which caused him to become psychologically unstable." The plaintiff testified that over the course of the years he worked for the defendant there were several "incidents that made him feel bad," and he felt he was abused, harassed, teased, and outright tortured by his co- workers. The testimony at trial showed that this harassment included the plaintiff being shot with a BB gun, being pushed into a lake, getting caught in flume box and drenched with thousands of gallons of water, having lit cigarettes placed in his pockets, having starter fluid sprayed down his pants, and having a rope tied around his neck and pulled by a loader. The plaintiff testified that following the can-throwing incident of August 22, 1998, he went to the emergency room after his eye began to swell and his mother could tell that something was wrong with him. In the emergency room, medical personnel determined that the plaintiff indeed had an injury to the right side of his face. Following his visit to the emergency room, the plaintiff was treated for symptoms of anxiety and panic. He testified that these symptoms manifested themselves in anxiety, hypersensitivity, difficulty focusing, difficulty sleeping, and delusions, including the delusion that his co-workers are trying to kill him. He was treated by Dr. Kirby Pate and examined by several doctors and psychiatrists who testified at trial. Pursuant to the testimony of these doctors, the trial court held that the plaintiff was permanently and totally disabled as a result of the injury of August 22, 1998, to his mental faculties. Medical Evidence The medical evidence for the purposes of the issues raised in this trial was presented by the depositions of Dr. Kirby Pate, Dr. James W. Varner, Dr. Ben Bursten, and Dr. Susan K. Vaught, and by the live testimony of Dr. John Averitt. Dr. Pate, a licensed psychiatrist in Nashville, Tennessee, testified by deposition that he first -2-
Authoring Judge: Byers, Sr.J.
Originating Judge:John A. Turnbull, Judge |
Putnam County | Workers Compensation Panel | 05/15/03 | |
State of Tennessee v. George Glenn King, Jr.
W2001-02823-CCA-R3-CD
The defendant, George Glenn King, Jr., appeals his convictions by a Gibson County Circuit Court jury for first degree murder for which he received an effective sentence of life in prison. He was also convicted of especially aggravated burglary, a Class B felony, for which he received a concurrent sentence of eight years. He contends that he is entitled to a new trial because the state's eliciting expert testimony on the ultimate issue of his insanity and prosecutorial misconduct in closing argument constitute plain error. He also argues that the trial court should have merged his convictions for premeditated and felony murder arising from a single killing. We agree that the defendant's first degree murder convictions should be merged, but we otherwise discern no plain error and affirm the judgments of conviction as modified.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge L. Terry Lafferty |
Gibson County | Court of Criminal Appeals | 05/15/03 | |
State of Tennessee v. Rashad J. Chandler
W2001-01565-CCA-R3-CD
A Shelby County grand jury indicted the defendant on charges of first degree premeditated murder, felony murder, and especially aggravated robbery. A trial jury subsequently convicted him of first degree premeditated murder and acquitted him of the remaining charges. The defendant then unsuccessfully pursued a new trial motion. In this appeal the defendant asserts that the trial court erred by not suppressing his statement and that the jury's verdict is inconsistent with the evidence presented at trial. After reviewing the record and relevant authorities, we find neither of the defendant's claims meritorious. We, therefore, affirm the judgment of the trial court.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 05/15/03 | |
State of Tennessee v. Jerry Lee Honey
W2002-01187-CCA-R3-CD
The Defendant, Jerry Lee Honey, was convicted by a jury of two counts of first degree premeditated murder and sentenced to two concurrent terms of life imprisonment. The Defendant now appeals, challenging the sufficiency of the evidence. We affirm the judgments of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Jon Kerry Blackwood |
Hardeman County | Court of Criminal Appeals | 05/15/03 | |
State of Tennessee v. Ronald W. Jenkins, II
E2002-02437-CCA-R3-CD
The Defendant, Ronald W. Jenkins, II, pled guilty to reckless homicide, felony reckless endangerment, and DUI, second offense. The Defendant was thereafter sentenced to two years for the homicide, one year for the reckless endangerment, to be served concurrently, and eleven months, twenty-nine days for the DUI, to be served consecutively. The Defendant's driver's license was also suspended for a period of two years. The Defendant's sentences were suspended after service of 150 days, and he was placed on three years of probation. Within a few months of beginning his probationary period, the Defendant was arrested and convicted of driving on a revoked license. A probation violation warrant was filed, a hearing conducted, and the trial court revoked the Defendant's probation. The Defendant now appeals, complaining that the trial court erred in revoking his probation. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Phyllis H. Miller |
Washington County | Court of Criminal Appeals | 05/15/03 | |
Fred Delaney v. State of Tennessee
W2002-00496-CCA-R3-PC
The petitioner appeals the denial of his petition for post-conviction relief. He claims ineffective assistance of counsel and that his sentence is excessive. Because this Court previously determined that the petitioner's sentence was not excessive on direct appeal, we dismiss this issue. We conclude that the evidence does not preponderate against the findings of the trial court and affirm the post-conviction court's denial of post-conviction relief.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Bernie Weinman |
Shelby County | Court of Criminal Appeals | 05/15/03 | |
State of Tennessee v. N'Kosi Tuggle
W2002-02625-CCA-R3-CD
The defendant, N'Kosi Tuggle, entered a plea of guilt to aggravated robbery. The trial court imposed a Range I sentence of eight years. In this appeal of right, the defendant argues that he should have been classified as an especially mitigated offender. The judgment is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge W. Otis Higgs, Jr. |
Shelby County | Court of Criminal Appeals | 05/15/03 | |
State of Tennessee v. Darrell M. Anderson
W2002-01269-CCA-R3-CD
The defendant, Darrell M. Anderson, was convicted of aggravated assault and simple assault. The trial court imposed a Range III, ten-year sentence for the aggravated assault and a concurrent 11-month, 29-day sentence for the assault. In this appeal of right, the defendant argues that the evidence was insufficient to support either conviction. The judgments are affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 05/15/03 |