| State of Tennessee v. Robert Joseph King, Sr.
W2002-01968-CCA-R3-CD
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 10/03/03 | |
| Jamie Dewayne Reed v. State of Tennessee
E2003-00942-CCA-R3-PC
The Defendant, Jamie Dewayne Reed, filed for post-conviction relief. The trial court summarily denied relief on the basis that the petition was time-barred. The Defendant now appeals. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Rex Henry Ogle |
Cocke County | Court of Criminal Appeals | 10/03/03 | |
| State of Tennessee v. Martin Todd Felts, Alias Marty Felts
M2002-02659-CCA-R3-CD
The defendant appeals the revocation of his probation contending that the trial court abused its discretion. We hold that the record contains substantial evidence to support the trial court's conclusion that a violation had occurred, and there was no abuse of discretion. Accordingly, we affirm the judgments.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Robert E. Burch |
Dickson County | Court of Criminal Appeals | 10/03/03 | |
| State of Tennessee v. Chett Allen Walker
E2002-03093-CCA-R3-CD
The Defendant, Chett Allen Walker, was indicted for first degree premeditated murder, setting fire to personal property, and abuse of a corpse. Prior to trial, the Defendant expressed his intent to plead guilty to setting fire to personal property and abuse of a corpse, which he did. However, the trial court submitted those charges to the jury, along with the charge of first degree murder, to which the Defendant pled not guilty. Following the jury trial, the Defendant was convicted of all three charges. In this direct appeal, the Defendant raises six issues: (1) whether the trial court erred by denying the Defendant's motion to suppress his confession; (2) whether the trial court erred by allowing the charges of setting fire to personal property and abuse of a corpse to be determined by the jury after the Defendant expressed his desire to plead guilty to those charges; (3) whether the trial court erred by allowing the jury to view certain photographs and the car that the Defendant burned; (4) whether the trial court erred by allowing the prosecutor to display a photograph of the remains of the victim to the jury during his closing argument; (5) whether the trial court erred by denying the Defendant's motion with respect to the jury instructions; and (6) whether the evidence is legally sufficient to support the Defendant's conviction for first degree premeditated murder. Finding no reversible error, we affirm the judgments of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 10/02/03 | |
| Pamela J. Moses v. State of Tennessee
E2002-02319-CCA-R3-PC
The Defendant, Pamela J. Moses, pled guilty pursuant to a plea agreement to aggravated assault and numerous misdemeanors. The plea agreement encompassed the length of the sentences, but left the manner of service for the trial court's determination. The trial court denied an alternative sentence and ordered the Defendant to serve her terms in confinement. The Defendant subsequently filed for post-conviction relief, alleging ineffective assistance of counsel in conjunction with her plea. After an evidentiary hearing, the post-conviction court denied relief and this appeal followed. We affirm the judgment of the post-conviction court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 10/02/03 | |
| William Jeffrey Tarkington v. Rebecca Juanita Tarkington
M2002-01914-COA-R3-CV
This appeal arises from the Father's post-divorce petition to set child support and to terminate previously ordered alimony in futuro. From an adverse decision of the trial court denying child support and termination of the alimony obligation, Father appeals. We affirm the portions of the trial court's ruling regarding alimony and reverse the award of attorney's fees and denial of support.
Authoring Judge: Judge William B. Cain
Originating Judge:Judge Muriel Robinson |
Davidson County | Court of Appeals | 10/02/03 | |
| State of Tennessee v. James Cravens
M2002-01216-CCA-R3-CD
The Putnam County trial court revoked the probation of the defendant, James Cravens, and ordered him to serve his original sentence of eleven months and twenty-nine days in confinement. On appeal, the defendant contends: (1) the evidence was insufficient to support the trial court's probation revocation order; (2) his sentence is excessive; and (3) the trial court erred in placing certain conditions on his bond pending appeal. We affirm the judgment of the trial court.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Lillie Ann Sells |
Putnam County | Court of Criminal Appeals | 10/02/03 | |
| State of Tennessee v. Rita Cates
W2003-00096-CCA-R3-CD
>The defendant pled guilty to attempted second degree murder, especially aggravated burglary, and reckless aggravated assault. Following a sentencing hearing, the trial court imposed an effective sentence of eight years and six months. In this appeal, the defendant argues her sentences are excessive because she should have received alternative sentencing. We affirm the judgments of the trial court, but, due to a clerical error, remand for entry of a corrected judgment.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Joseph H. Walker, III |
Lauderdale County | Court of Criminal Appeals | 10/02/03 | |
| State of Tennessee v. Anderson Toliver
E2001-00584-SC-R11-CD
The defendant was convicted of two counts of aggravated child abuse. The trial court imposed a
Authoring Judge: Chief Justice Frank F. Drowota, III
Originating Judge:Judge Stephen M. Bevil |
Hamilton County | Supreme Court | 10/02/03 | |
| State of Tennessee v. Anderson Toliver - Dissenting
E2001-00584-SC-R11-CD
The majority has concluded that the trial court committed reversible error by consolidating
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Judge Stephen M. Bevil |
Hamilton County | Supreme Court | 10/02/03 | |
| Ambrose Associates, v. W. Austin Musselman, Jr.
M2002-02780-COA-R3-CV
Action to collect rent owed by surety was dismissed by the Trial Court. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Chancellor Carol L. McCoy |
Davidson County | Court of Appeals | 10/02/03 | |
| State of Tennessee v. Anderson Toliver - Concurring
E2001-00584-SC-R11-CD
Although I concur in the analysis and holding of the majority, I write to address an issue of concern: whether in today’s society a parent’s right to corporally chastise a refractory child survives, and, if so, how does one reconcile that right with the child abuse statutes as currently written and interpreted. It is my intention by this concurring opinion to raise the level of discussion and to provide, perhaps, a measure of guidance for the trial court on remand.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge Stephen M. Bevil |
Hamilton County | Supreme Court | 10/02/03 | |
| Joe Clark Mitchell v. State of Tennessee
M2002-03011-CCA-R3-CO
Petitioner filed a petition for writ of habeas corpus alleging that the indictments against him were fatally defective and that this Court's reduction of one of his convictions for aggravated rape to rape violated the constitutional prohibition against double jeopardy. The trial court dismissed the petition without an evidentiary hearing. Following a review of the record in this matter, we affirm the order of the trial court's dismissing the petition for writ of habeas corpus.
Authoring Judge: Judge Jerry L. Smith
Originating Judge:Judge Robert L. Jones |
Wayne County | Court of Criminal Appeals | 09/30/03 | |
| State of Tennessee v. Patrick J. Gray
E2002-01003-CCA-R3-CD
The appellant, Patrick J. Gray, pled guilty in the Cumberland County Criminal Court to vehicular homicide and was placed on judicial diversion. During his probationary period, the appellant violated the terms of his probation. Accordingly, the trial court revoked the appellant's probation and ordered him to serve a six-year sentence in the Tennessee Department of Correction. On appeal, the appellant complains that the trial court erred in its rulings during the probation revocation hearing. 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 Lillie Ann Sells |
Cumberland County | Court of Criminal Appeals | 09/30/03 | |
| State of Tennessee v. Gerald E. Saylor
E2001-00604-SC-R11-CD
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Lynn W. Brown |
Washington County | Supreme Court | 09/30/03 | |
| Jodell Dunkin v. David Dunkin
M2002-01899-COA-R3-CV
This is a post-divorce dispute concerning the custody of Kaylea Jodell Dunkin ("the child") (DOB: July 1, 1994), the child of these litigants. The non-custodial parent, David H. Dunkin ("Father"), filed a petition seeking to enjoin the child's mother, Jodell L. Dunkin ("Mother"), from relocating with the child to Montana. Following a hearing, the trial court found that there was no reasonable purpose for the proposed move and that the relocation would not be in the best interest of the child. The trial court then denied Mother's request to relocate. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 09/30/03 | |
| State of Tennessee v. Gerald E. Saylor
E2001-00604-SC-R11-CD
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Lynn W. Brown |
Washington County | Supreme Court | 09/30/03 | |
| State of Tennessee v. Carl Watson
W2002-01679-CCA-R3-CD
A jury convicted the Defendant, Carl Watson, of rape, and the trial court imposed a ten-year sentence. On appeal, the Defendant contends: (1) the evidence was insufficient to support his conviction; (2) the State’s bill of particulars was inadequate; (3) the trial court erred in failing to grant him a continuance or a mistrial due to the State’s failure to comply with discovery; (4) the trial court erred in excluding evidence of the victim’s alleged gang affiliation and initiation as a possible source of her hymenal tear; and (5) the trial court erred in not recusing itself following an ex parte communication with jurors after trial. We affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Chris B. Craft |
Shelby County | Court of Criminal Appeals | 09/30/03 | |
| Michael Binkley v. Rodney Medling
M2001-01687-SC-R11-CV
The issue in this appeal is whether the defendant's motion to alter or amend filed thirty-three days after entry of judgment was timely under Tennessee Rule of Civil Procedure 58 and therefore sufficient to toll commencement of the thirty-day period for filing a notice of appeal. The Court of Appeals dismissed the defendant's appeal as untimely. We agree with the intermediate court's conclusion that the defendant has failed to carry his burden of proving that the motion to alter or amend was timely filed. We therefore affirm the judgment of the Court of Appeals, dismissing the appeal.
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:Allen W. Wallace |
Humphreys County | Supreme Court | 09/30/03 | |
| Willie Jason Christopher v. Plumley Marugo Limited
W2002-02007-SC-WCM-CV
The appellant presents the following issue for review: Whether the trial court erred in finding that the expert medical testimony established that the plaintiff's injury and/or medical impairment arose out of and in the course of his employment with the defendant.
Authoring Judge: Robert L. Childers, Sp.J.
Originating Judge:Julian P. Guinn, Judge |
Henry County | Workers Compensation Panel | 09/30/03 | |
| Mahle, Inc. v. Terry Reese
E2002-1199-WC-R3-CV
The issues are the amount of the award and whether the trial court erroneously applied the doctrine of intervening cause. We affirm.
Authoring Judge: Howell N. Peoples, Special Judge
Originating Judge:Thomas Frierson, Ii, Chancellor |
Knox County | Workers Compensation Panel | 09/30/03 | |
| John William Jones v. Conagra Grocery Products
W2002-01947-SC-WCM-CV
The trial court determined that: (1) the employee is 1% disabled and that he is limited by Tenn. Code Ann. 5-6-27(4)(A)(i) to 26 weeks of benefits; and (2) the employer is entitled to a reduction for the Social Security payments made on behalf of the employee totaling $25,296.. The employer was ordered to continue to be liable for employee's medical treatment for chronic obstructive pulmonary disease in accordance with the workers' compensation law. As discussed below, the panel has concluded the judgment should be affirmed.
Authoring Judge: Allen W. Wallace, Sr. J.
Originating Judge:George R. Ellis, Chancellor |
Gibson County | Workers Compensation Panel | 09/30/03 | |
| Beverly Wilson v. Thomas Wilson
M2002-02286-COA-R3-CV
This appeal arises from an order of the trial court distributing 25% of the increase in value of the husband's business to the wife as marital property. We affirm.
Authoring Judge: Judge David R. Farmer
Originating Judge:Steven A. Cassety |
Jackson County | Court of Appeals | 09/30/03 | |
| James E. Polk v. State of Tennessee
M2002-02430-CCA-R3-PC
A Maury County jury convicted the Petitioner of aggravated robbery, and the trial court sentenced him to twelve years in the Tennessee Department of Correction. On direct appeal, this Court affirmed the conviction, and the Tennessee Supreme Court denied the Defendant's application for permission to appeal. The Petitioner then sought post-conviction relief, alleging that he was denied due process and effective assistance of counsel. Following a hearing, the post-conviction court dismissed the petition, and this appeal ensued. We affirm the dismissal of the petition.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Jim T. Hamilton |
Maury County | Court of Criminal Appeals | 09/30/03 | |
| State of Tennessee v. Vidal L. Strickland
M2002-01714-CCA-R3-CD
The defendant, Vidal L. Strickland, was convicted by a Davidson County Criminal Court jury of aggravated robbery, a Class B felony; attempted aggravated robbery, a Class C felony; and felony possession of a weapon, a Class E felony. He was sentenced as a Range I, standard offender by the trial court to ten years for the aggravated robbery conviction, four years for the attempted aggravated robbery conviction, and two years for the felony possession of a weapon conviction, with the robbery sentences ordered to be served consecutively, for an effective sentence of fourteen years in the Department of Correction. Following the denial of his motion for a new trial, the defendant filed a timely appeal to this court, arguing: (1) the evidence was insufficient to support his robbery convictions; (2) the trial court erred in denying his motion to suppress the results of the victims' pretrial identifications; (3) the trial court erred in ordering consecutive sentencing; and (4) the trial court erred in granting the State's motion in limine to suppress the defendant's statements to law enforcement officers. Following our review, we affirm the judgments of the trial court.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 09/30/03 |