State of Tennessee v. James Corey Edmiston
M2002-00059-CCA-R3-CD
A jury convicted the Defendant, James Corey Edmiston, of attempted second degree murder, especially aggravated robbery, especially aggravated burglary, aggravated assault, vandalism and resisting arrest. The trial court merged the aggravated assault conviction into the attempted murder conviction. The court sentenced the Defendant as a Range I offender to ten years for the attempted murder; twenty-four years for the especially aggravated robbery; ten years for the especially aggravated burglary; and eleven months, twenty-nine days for each of the two misdemeanor convictions. The trial court ordered the felony sentences to run consecutively to each other, with the misdemeanor sentences to run concurrently with the attempted murder sentence, for an effective sentence of forty-four years. The Defendant now appeals, challenging the sufficiency of the evidence for the attempted second degree murder conviction, and the trial court's imposition of consecutive sentences. We affirm the trial court's judgment.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge W. Charles Lee |
Marshall County | Court of Criminal Appeals | 11/15/02 | |
State of Tennessee v. James Dewey Jensen, Jr.
E2002-00712-CCA-R3-CD
A Hamilton County jury convicted the defendant, James Dewey Jensen, Jr., of a seventh offense of driving under the influence, theft of identity, and violation of the Motor Vehicle Habitual Offenders Act. The sole issue presented by the defendant in this appeal is whether the trial court erred in denying the motion to suppress evidence obtained as a result of the vehicle stop. We affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 11/15/02 | |
Harper Enterprises vs. City of Bean Station
E2002-01734-COA-R3-CV
The City of Bean Station ("the City") denied the application of the plaintiff ("the applicant") for a permit to sell beer for off-premises consumption. The applicant filed a petition for certiorari, naming the City and seeking a writ of mandamus to compel it to issue the requested permit. On cross motions for summary judgment, the trial court granted the City summary judgment. The applicant appeals. It contends that the City, "by actions and/or inaction," has caused its beer ordinance, which limits beer permits within the municipality to two, to be invalid. In the alternative, it contends that the City "has engaged in discriminatory, arbitrary and capricious application of the ordinance." We vacate the trial court's judgment and remand for further proceedings.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Richard R. Vance |
Grainger County | Court of Appeals | 11/15/02 | |
State of Tennessee v. Jason Allen Mobley
W2001-02022-CCA-MR3-CD
The defendant, Jason Allen Mobley, appeals as of right from the Henry County Circuit Court's revoking his eight-year probation. The defendant contends that the trial court erroneously revoked his probation without sufficient proof that he was using drugs. We affirm the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Julian P. Guinn |
Henry County | Court of Criminal Appeals | 11/15/02 | |
State of Tennessee v. Joe L. Jones
W2002-00168-CCA-R3-CD
The Appellant, Joe L. Jones, appeals from the sentencing decision of the Weakley County Circuit Court. After a trial by jury, Jones was convicted of casual exchange, a class A misdemeanor. Following a sentencing hearing, Jones received a split confinement sentence of eleven months and twenty-nine days, with forty-five days to be served in the county jail followed by probation. The trial court also imposed a $500 fine. On appeal, Jones contends that the trial court erred in imposing a sentence of continuous confinement and that the fine was excessive. Finding no error, the judgment is affirmed.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge William B. Acree |
Weakley County | Court of Criminal Appeals | 11/15/02 | |
State of Tennessee v. Quawn L. Lillard
M2001-02136-CCA-R3-CD
The defendant, Quawn L. Lillard, appeals his Davidson County Criminal Court convictions for aggravated robbery and aggravated assault. On appeal, he insists that the convicting evidence is not legally sufficient to support his convictions, and he claims that the trial court should not have admitted the identification testimony of one of the victims. After review, we affirm the judgments of the trial court.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 11/15/02 | |
Hillsboro Plaza v. H.T. Pope Enterprises
M2001-02943-COA-R3-CV
This cause of action involves damages resulting from the breach of a commercial lease agreement. The trial court awarded judgment to the landlord, including forfeiture damages, prejudgment interest and attorney's fees. We affirm in part and reverse in part.
Authoring Judge: Judge David R. Farmer
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 11/15/02 | |
Denver Waddell vs. Lawrence Ogledzinkski
E2001-03131-COA-R3-CV
Knox County -In this appeal from the Knox County Circuit Court the Appellant, Denver J. Waddell, contends that the Trial Court erred in dismissing his case by grant of summary judgment upon grounds that the cause of action against the Appellee, Lawrence M. Ogledzinkski, is precluded by T.C.A. 50-6-108(a). We affirm the judgment of the Trial Court.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 11/15/02 | |
State of Tennessee v. Daniel James Cosgrove
M2001-02127-CCA-R3-CD
The defendant, Daniel James Cosgrove, pled guilty in the Bedford County Circuit Court to nineteen felonies and thirty-one misdemeanors. The trial court sentenced him to an effective sentence of twenty-one years and eleven months, twenty-nine days in confinement to be served consecutively to another sentence for which his probation was revoked. The defendant appeals, claiming that the trial court failed to apply and weigh mitigating factors properly and improperly ordered consecutive sentencing. We affirm the judgments of the trial court.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge William Charles Lee |
Bedford County | Court of Criminal Appeals | 11/15/02 | |
State of Tennessee v. Samuel Lee Partin
E2002-00094-CCA-R3-CD
The defendant pled guilty to two counts of driving after being declared an habitual motor vehicle offender and one count each of "third or subsequent" offense DUI, child endangerment, and vehicular assault, and it was agreed the trial court would determine the sentences. The trial court imposed a total effective sentence of five years, eleven months, and twenty-eight days in incarceration. In this appeal, the defendant argues the trial court erred in sentencing him. We conclude the defendant was indicted for fourth offense DUI, a Class E felony; he pled guilty to the offense as charged in the indictment, yet the plea erroneously referred to the non-existent enhancement classification of "third or subsequent" offense DUI rather than fourth offense DUI; and the defendant was erroneously sentenced for a misdemeanor based upon this non-existent enhancement classification. Because the defendant's guilty plea and sentence for this offense were erroneous and his pleas to all other offenses were part of his agreement to plead guilty, we vacate all judgments of conviction and remand to the trial court for further proceedings.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 11/15/02 | |
Sammy Vest vs. Francis Goswitz
E2001-01613-COA-R3-CV
This is a medical malpractice case filed on January 3, 2000, and amended on January 11 of the same year. The suit was by Sammy W. Vest and his adult children, Anglia M. Somner, Cheryl D. Travis, and Danny W. Vest, against Dr. Francis Goswitz and Dr. Helen Vodopick. The suit seeks damages for the Defendants' failure to refer Mr. Vest to a specialist, resulting in an injury to him as well as to his children. The Trial Judge sustained a motion by the Defendants to dismiss the children as parties Plaintiff, and later a motion for summary judgment as to Mr. Vest's suit. He further granted sanctions pursuant to Rule 11.03 against counsel for the Plaintiff. We affirm.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Appeals | 11/14/02 | |
Kevin Wilkins v. State of Tennessee
W2002-00436-CCA-R3-PC
Petitioner, Kevin Wilkins, filed his petition for post-conviction relief in the Shelby County Criminal Court on December 6, 2001. The State filed a response moving the trial court to dismiss the petition because it was filed after the statute of limitations had expired. Without a hearing, the trial court entered an order granting the State's request and dismissed the petition on the basis that it was filed past the one-year limitation set forth in Tennessee Code Annotated section 40-30-202. Petitioner filed a timely notice of appeal. We reverse the judgment of the trial court and remand this case for a hearing.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 11/14/02 | |
Alica Rakestraw vs. Gregory Rakestraw
E2002-01151-COA-R3-CV
The sole issue in this divorce case is whether the Trial Court reached the correct decision regarding custody of the parties' child. The Court granted primary custodial care of the parties' daughter, Kendra Paige Rakestraw, then 10 years old, to Gregory Keith Rakestraw ("Father"). Alica Delane Rakestraw ("Mother") argues on appeal that the evidence preponderates against the Court's exercise of discretion in rendering its custody decision, and that the Court erred in denying her motion to alter or amend the judgment and her motion for a new trial. We affirm the judgment of the Trial Court in all respects.
Authoring Judge: Judge Houston M. Goddard
Originating Judge:Jerri S. Bryant |
Bradley County | Court of Appeals | 11/14/02 | |
Nancy Crawford vs. Roger Crawford
E2002-00372-COA-R3-CV
Plaintiff/Appellant Nancy Crawford owns an interest in a parcel of real property located in Hawkins County, Tennessee as tenants in common with the Defendants/Appellees. Appellant Nancy Crawford filed suit seeking a partial partition in kind of the subject property and requesting a tract containing approximately .604 acre be set aside for her. The .604 acre adjoins land owned by Ms. Crawford. The .604 acre contains a barn, which Ms. Crawford and her late husband had maintained, improved, and used since the late 1980's believing it was located on their property. Appellees opposed a partition in kind and requested a partition sale. The Trial Court found it in the manifest best interest of all parties for the property to be sold, rather than partitioned in kind, and ordered a sale. We modify the judgment, affirm as modified, and remand.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Thomas R. Frierson, II |
Hawkins County | Court of Appeals | 11/14/02 | |
Michael Eugene Duff v. State of Tennessee
E2000-03041-CCA-R3-PC
The petitioner, Michael Eugene Duff, appeals the Knox County Criminal Court’s denial of his petition for post-conviction relief from his convictions for two counts of aggravated rape and one count of aggravated kidnapping for which he received three twenty-five-year sentences to be served consecutively. This court affirmed the judgments of conviction on direct appeal. See State v. Michael Eugene Duff, No. 03C01-501-CR-00008, Knox County (Tenn. Crim. App. Feb. 8, 1996), app. denied (Tenn. July 8, 1996). The petitioner claims that he received the ineffective assistance of counsel because his trial attorney (1) failed to call a DNA serologist to testify and (2) failed to present witnesses who could testify about his physical appearance at the time of the offenses. We conclude that the trial court’s findings are insufficient for us to determine whether the petitioner received the ineffective assistance of counsel. We reverse the trial court’s judgment and remand the case in order for the trial court to make findings of fact and conclusions of law consistent with this opinion.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 11/14/02 | |
Gweneth J. Freels vs. Evelyn Jones
E2002-00895-COA-R3-CV
Defendant demanded a jury in Answer but the trial judge ruled defendant waived right to a jury trial. On appeal, we affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Frank V. Williams, III |
Morgan County | Court of Appeals | 11/14/02 | |
Michael Eugene Duff v. State of Tennessee - Order
E2000-03041-CCA-R3-PC
The state has filed a Petition to Rehear relative to our opinion’s apparent imposition of limitations upon the trial court’s reconsideration of the facts upon remand. The state asserts that the trial court should have the ability to determine whether prejudice exists by considering the evidence in toto. The state notes that the trial court has not made any findings regarding prejudice and should not be restricted in its assessment. The petitioner responds that our court’s opinion foreclosed any need for the trial court to assess prejudice generally. He states that we have already concluded that prejudice exists if the trial court finds a particular witness to be credible.
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Knox County | Court of Criminal Appeals | 11/14/02 | |
Kenneth Smith v. State of Tennessee
W2001-02088-CCA-R3-PC
Petitioner, Kenneth Smith, appeals pro se the trial court's dismissal of his Petition for Post-Conviction Relief, which he also filed pro se. The record on appeal does not contain the transcript of the proceedings below. There is nothing in the record to indicate that Petitioner's court-appointed counsel was allowed to withdraw or that Petitioner waived the assistance of counsel on appeal. Pursuant to our holding in Drummer v. State, 6 S.W.3d 520 (Tenn. Crim. App. 1999), the judgment of the trial court is vacated and this case is remanded for the trial court to reinstate the order dismissing the Petition for Post-Conviction Relief. If Petitioner is still indigent, counsel appointed to represent Petitioner at the post-conviction hearing shall continue to represent Petitioner on appeal and the case shall proceed pursuant to the Tennessee Rules of Appellate Procedure.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Jon Kerry Blackwood |
Fayette County | Court of Criminal Appeals | 11/14/02 | |
State of Tennessee v. Opal Gause
W2002-01225-CCA-R3-CD
Defendant, Opal Gause, entered a guilty plea to two counts of aggravated assault. The trial court sentenced Defendant to two consecutive three-year terms, for an effective sentence of six years. The sentences were suspended, and Defendant was placed on probation for the length of his original sentences. A violation warrant was subsequently issued alleging Defendant had failed to meet the conditions of his probation. Following a hearing, Defendant's probation was revoked, and he was ordered to serve his original sentence with credit for time served pre-trial. Defendant now challenges the revocation of his probation. Following a review of the record, we affirm the decision of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge Clayburn L. Peeples |
Haywood County | Court of Criminal Appeals | 11/14/02 | |
Chelsea Pirkle vs. Justin Parker
E2002-01751-COA-R3-CV
The trial court refused to set aside the Default Judgment. On appeal, we vacate and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Dale C. Workman |
Knox County | Court of Appeals | 11/14/02 | |
State of Tennessee v. Shaun Lamont Hereford
E2002-01222-CCA-R3-PC
The petitioner, Shaun Lamont Hereford, appeals the Hamilton County Criminal Court's dismissal of his petition for post-conviction relief, in which he alleged void convictions, misrepresentation by his trial attorney, and that he was entitled to DNA analysis of physical evidence. Discerning no error in the trial court's dismissal of the petition without an evidentiary hearing, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 11/13/02 | |
Connie Lee Arnold v. State of Tennessee
E2001-02526-CCA-R3-PC
The petitioner was convicted of child rape and especially aggravated exploitation of a minor and sentenced to consecutive sentences of twenty-five years and twelve years, respectively. Following the affirmance of his convictions and sentences on direct appeal, he filed a pro se petition for post-conviction relief. Concluding that the claims consisted of conclusory allegations without necessary supporting facts, the post-conviction court dismissed the petition without affording the petitioner the opportunity to amend the petition. The petitioner timely appealed. Following our review, we affirm the dismissal of the petition.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge Robert E. Cupp |
Carter County | Court of Criminal Appeals | 11/13/02 | |
Troy Buckles vs. Shira Riggs
E2002-00649-COA-R3-CV
Shira Dawn McKay Buckles Riggs ("Mother") and Troy Dale Buckles ("Father") were divorced in 1994. Mother was awarded custody of the parties' minor son. In 2001, Father first sought increased visitation and then custody. Mother claimed Father was in arrears in his child support payments. After a trial, the trial court concluded there had been no material change in circumstances and custody should, therefore, remain with Mother. The trial court determined Father was in arrears in his child support payments in the amount of $13,894. The trial court also prohibited both parties from drinking alcohol "while in possession of the child." Father appeals. We modify the judgment to require the parties to undergo counseling, and affirm as modified.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Thomas R. Frierson, II |
Hawkins County | Court of Appeals | 11/13/02 | |
State of Tennessee v. John Briggs
E2001-01933-CCA-R3-CD
The appellant, John Briggs, a pharmacist, pled guilty in the Sullivan County Criminal Court to sixteen counts of unlawfully dispensing a controlled substance. The trial court sentenced the appellant to a total effective sentence of twenty years incarceration in the Tennessee Department of Correction, with all but eight years to be served on probation. On appeal, the appellant argues that the trial court erred in denying full 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 R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 11/13/02 | |
Connie Lee Arnold v. State of Tennessee - Dissenting
E2001-02526-CCA-R3-PC
I respectfully dissent. I believe the pro se petition sufficiently complies with the 1995 Post-Conviction Procedure Act and states a colorable claim for relief.
Authoring Judge: Judge Joseph M. Tipton
Originating Judge:Judge Robert E. Cupp |
Carter County | Court of Criminal Appeals | 11/13/02 |