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| State vs. Joey Salcido
M1999-00501-CCA-R3-CD
Defendant Joey L. Salcido was indicted by the Giles County Grand Jury for three counts of incest and three counts of rape of a child. Following a jury trial, Defendant was convicted of three counts of aggravated sexual battery as a lesser-included offense of child rape and acquitted of the charges of incest. On March 15, 1999, the trial court sentenced Defendant as a violent 100% offender to a term of twelve years for each of his three convictions and ordered that all sentences be served consecutively. On April 15, 1999, thirty-one days after Defendant's judgment was entered, Defendant filed an untimely motion for new trial. The motion was nevertheless heard on April 19, 1999 and denied on April 20, 1999. On April 23, 1999, Defendant filed a notice of appeal which was also untimely due to the late filing of Defendant's motion for new trial. On May 25, 2000, Defendant filed a motion to waive the timely filing of his notice to appeal and on June 7, 2000, this Court granted Defendant's motion. In this appeal Defendant raises the following issues: (1) whether the Defendant's conviction of aggravated sexual battery, an offense which was neither charged in the indictment nor a lesser-included offense of the offenses charged, was error; (2) whether, assuming aggravated sexual battery is determined to be a lesser-included offense of child rape, the trial court erred in its jury instruction regarding the mental state necessary to convict him; (3) whether the trial court erred when it admitted certain evidence over Defendant's objections; (4) whether the cumulative effect of the trial court's errors renders the trial fundamentally unfair so as to offend Defendant's due process guarantees; and (5) whether the trial court erred when it imposed consecutive sentences. Defendant asserts that his first issue concerns subject matter jurisdiction and, therefore, must be heard by this Court pursuant to Tenn. R. App. P. 13(b). Defendant also urges this Court to exercise its discretion under Tenn. R. Crim. P. 52(b) or Tenn. R. App. P. 13(b) and consider the remaining four issues. After a thorough review of the record and applicable law, we find no errors requiring reversal and affirm the judgment of the trial court.
Originating Judge:Jim T. Hamilton |
Giles County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Randy Lee Bowers
E2000-00585-CCA-R3-CD
After entering guilty pleas to possession of a Schedule VI controlled substance (marijuana); driving under the influence, third offense; and driving while his license was revoked, after a second or subsequent conviction for driving under the influence, the Criminal Court for Sullivan County conducted a sentencing hearing and then sentenced the defendant. The defendant contends that the trial court erred in ordering consecutive sentences and in failing to place him on probation after the service of the minimum sentence of one hundred-twenty days for DUI third offense. After careful review, we interpret the defendant's sentence to be three hundred-eighteen (318) days of full incarceration followed by four hundred fifty-five (455) days on supervised probation. Further, we affirm the denial of alternative sentencing.
Authoring Judge: Judge John Everett Williams
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Christopher Knighton
E2000-00746-CCA-R3-CD
The defendant was convicted by a jury of aggravated rape, aggravated burglary and theft. In his direct appeal, he presents six issues for review. Three of those issues concern the jury selection process, one issue is an evidentiary issue, and the other issues concern the sufficiency of the indictment and the sufficiency of the evidence. With respect to the jury selection process, we hold: the failure to raise the issue of a "Batson violation" during jury selection constitutes a waiver of that issue; the failure to swear the jury before voir dire is not reversible error unless it is shown that a juror did not truthfully answer the questions as the result of not being sworn; and the trial court did not abuse his discretion in refusing to dismiss two jurors for cause. Additionally, we hold that felony drug crimes are relevant to the issue of credibility under Tenn.R Evid. 609, and that under the facts of this case, the unfair prejudicial effect did not outweigh the probative value of the impeaching convictions. Finally, we hold that the indictment charging the defendant with aggravated rape was legally sufficient, and that the evidence was sufficient to support the verdict of the jury for that offense.
Authoring Judge: Judge William B. Acree
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Nicholas Robert Brown
E1999-00110-CCA-R3-CD
The Defendant, Nicholas Roberts Brown, pleaded guilty to one count of statutory rape. Pursuant to his plea agreement, he received a sentence of one year, with the manner of service of the sentence to be determined by the trial court. After a sentencing hearing, the Defendant was ordered to serve sixty days in jail, with the remainder of his sentence to be served in community corrections. In this appeal as of right, the Defendant argues that he should have been placed on immediate probation. We hold that the Defendant failed to establish his suitability for full probation, but we modify the his sentence to sixty days incarceration followed by supervised probation because the Defendant is statutorily ineligible to participate in the community corrections program. The case is remanded for the trial court to determine the conditions of probation.
Authoring Judge: Judge David H. Welles
Originating Judge:Richard R. Vance |
Sevier County | Court of Criminal Appeals | 10/17/00 | |
| State vs. Chester Lebron Bennett
E2000-02735-CCA-RM-CD
This case presents an appeal to this court after remand by order of the Tennessee Supreme Court. The Appellant, Chester Lebron Bennett, pled guilty to five counts of criminal exposure to HIV and was sentenced to five concurrent four-year Department of Correction sentences. This court, on direct appeal, remanded the case to the trial court for consideration of alternative sentencing. See State v. Chester Lebron Bennett, No. 03C01-9810-CR-00346 (Tenn. Crim. App. at Knoxville, July 28, 1999), perm. to appeal granted, (Tenn. Oct. 16, 2000). Subsequent to this court's decision, the supreme court released its decision in the case of State v. Daryl Hooper, No. M1997-00031-SCR-11-CD (Tenn. at Nashville, Sept. 21, 2000) (for publication). In State v. Daryl Hooper, the court announced new sentencing considerations regarding the need for deterrence as grounds for denying an alternative sentence. In light of its decision in State v. Daryl Hooper, the court remanded the case to this court for reconsideration. See State v. Chester Lebron Bennett, No. E1998-00614-SC-R11-CD (Tenn. at Knoxville, Oct. 16, 2000). After revisiting this issue under the standards announced in State v. Daryl Hooper, we affirm the trial court's denial of alternative sentencing.
Authoring Judge: Judge David G. Hayes
Originating Judge:Stephen M. Bevil |
Hamilton County | Court of Criminal Appeals | 10/16/00 | |
| State vs. Michael Cook
W2001-01539-CCA-R3-CD
The Defendant, Michael Joseph Cook, was convicted of driving under the influence, second offense. The trial court sentenced him to 11 months and 29 days and required him to serve six months of that sentence in the local jail. On appeal, the Defendant contends that (1) the evidence was insufficient to establish guilt beyond a reasonable doubt and (2) the trial court improperly sentenced the Defendant. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:William B. Acree |
Obion County | Court of Criminal Appeals | 10/14/00 | |
| State vs. Michael Cook
W2001-01539-CCA-R3-CD
The Defendant, Michael Joseph Cook, was convicted of driving under the influence, second offense. The trial court sentenced him to 11 months and 29 days and required him to serve six months of that sentence in the local jail. On appeal, the Defendant contends that (1) the evidence was insufficient to establish guilt beyond a reasonable doubt and (2) the trial court improperly sentenced the Defendant. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:William B. Acree |
Obion County | Court of Criminal Appeals | 10/14/00 | |
| State vs. Coley
M1997-00116-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Donald P. Harris |
Williamson County | Supreme Court | 10/13/00 | |
| William Henderson vs. Donal Campbell
M2000-00411-COA-R3-CV
This is an appeal by a prison inmate from a dismissal of his suit for declaratory judgment in the Chancery Court of Davidson County. The trial court dismissed the claim pursuant to Tennessee Code Annotated section 41-21-804 for failure to state a claim on which relief could be granted. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 10/13/00 | |
| Thomas Gammons v. Peterbilt Motors Company,
M1999-02575-WC-R3-CV
The trial court found the plaintiff had sustained a permanent partial disability to his right arm of sixty percent, which would entitle him to one-hundred twenty weeks of partial permanent disability. The defendant argues the trial judge erred in setting the amount of the award because the treating physician fixed the medical impairment rating at six percent, and the independent medical examiner fixed the rate at thirty-four percent; the trial judge used neither of these ratings to reach the amount awarded. We affirm the judgment of the trial court.
Authoring Judge: John K. Byers, Sr. J.
Originating Judge:J. O. Bond, Judge |
Macon County | Workers Compensation Panel | 10/13/00 | |
| State vs. Charles B. Sullivan
M1999-02547-CCA-R3-CD
Charles B. Sullivan entered guilty pleas in the Davidson County Criminal Court to three counts of aggravated rape, one count of especially aggravated burglary, three counts of aggravated burglary, and one count of rape, for which the trial court imposed an effective sentence of fifty-nine years. In this appeal as of right, the appellant contends that the individual sentences are excessive and that partial consecutive sentences are not warranted. After review, we affirm.
Authoring Judge: Judge David G. Hayes
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Criminal Appeals | 10/13/00 | |
| State vs. Thomas Edward Ford
M1999-2362-CCA-R3-CD
The appellant, Thomas Edward Ford, was convicted of Class C felony aggravated assault and Class D vandalism. The Circuit Court of Warren County sentenced the appellant to five years for aggravated assault and two years for vandalism. The sentences were ordered to run consecutively. Upon appeal, the appellant raises the following issues for review: (1) propriety of the five-year sentence; (2) imposition of consecutive sentences; (3) sufficiency of the evidence for aggravated assault; and (4) misleading jury instruction. After review, we find no error. Accordingly, the judgment of the Circuit Court of Warren County is affirmed.
Originating Judge:Charles D. Haston, Sr. |
Warren County | Court of Criminal Appeals | 10/13/00 | |
| In re: K.D.D. (DOB 9/20/96) and B.T.D. (DOB 1/13/98)
M2000-01554-COA-R3-JV
The Juvenile Court terminated the parental rights of a mother to her young children. The mother appealed, arguing that she was not given an adequate opportunity to defend those rights. We find that she voluntarily failed to avail herself of the opportunities that were offered to her, and we affirm the trial court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Barry Tatum |
Wilson County | Court of Appeals | 10/13/00 | |
| Donna Marcom v. Pca Apparel Industries, Inc. and WaUSAu
M2000-00377-WC-R3-CV
The trial court found the plaintiff had suffered an injury arising out of her employment with the defendant and awarded her a vocational disability of sixty (6%) percent to the left leg. The defendant argues that the evidence does not support the award of sixty (6%) percent to the left leg based on an anatomical rating of twelve (12%) percent. We affirm the judgment of the trial court.
Authoring Judge: Tom E. Gray, Sp.J.
Originating Judge:John Rollins, Chancellor |
Coffee County | Workers Compensation Panel | 10/13/00 | |
| William H. Jett v. State of Tennessee
M1999-01409-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Originating Judge:Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 10/13/00 | |
| State vs. James McKinley Cunningham
M1999-01995-CCA-R3-CD
The defendant was convicted by a Grundy County jury of premeditated first degree murder and sentenced to life. In this appeal, he challenges: (1) the sufficiency of the evidence; (2) the admission of a photograph of the victim's body; (3) the exclusion of testimony relating to statements made by the victim; and (4) the evidentiary rulings relating to the victim's propensity toward violence. Upon our review of the record, we find no reversible error and affirm the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Buddy D. Perry |
Grundy County | Court of Criminal Appeals | 10/13/00 | |
| City of Springfield vs. Hobson Cleaning, Inc., et al
M2000-01114-COA-R3-CV
This case involves a contract between the City of Springfield and defendant, United Services Unlimited, formerly Hobson Cleaning, to clean the floors of the police department. Defendant appeals whether the evidence preponderated against the judgment of the trial court. We affirm the judgment.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:James E. Walton |
Robertson County | Court of Appeals | 10/13/00 | |
| State vs. Coley
M1997-00116-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Donald P. Harris |
Williamson County | Supreme Court | 10/13/00 | |
| Sweatt vs. Bd. of Paroles
M1999-02265-COA-R3-CV
Appellant Antonio L. Sweatt brings this Petition for a Common Law Writ of Certiorari regarding the Tennessee Board of Paroles' decision to deny him parole based on the seriousness of the offense that he committed. Appellant avers that the Board of Paroles acted illegally or arbitrarily in denying his parole because appellant asserts that his guilty plea agreement included the agreement that he would only serve thirty percent of his twenty-five-year sentence and then he would be released on parole.
Authoring Judge: Presiding Judge Alan E. Highers
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 10/12/00 | |
| Mandrell vs. McBee
M2000-00108-COA-R3-CV
This is a partnership dispute occasioned by the misappropriation of partnership funds by two of the five partners. In an earlier appeal in this case, this Court affirmed the judgment of the Trial Court awarding damages to the innocent partners but increased the amount of that judgment. This Court then remanded the case to the Trial Court, which heard further proof and made findings as to the distribution of partnership assets. In this appeal, a Defendant partner seeks reversal of the Trial Court's valuation and accounting of the partnership assets and computation of prejudgment interest. We find the concurrent findings of fact by the Special Master and the Trial Court are supported by material evidence in the record, and that the Special Master and the Trial Court properly interpreted this Court's earlier Opinion. Accordingly, we affirm the decision of the Trial Court in all respects.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Robert E. Corlew, III |
Rutherford County | Court of Appeals | 10/12/00 | |
| Cumberland Bank vs. Smith
M2000-00052-COA-R3-CV
A creditor filed an action to sell a parcel of the debtor's real estate to satisfy a judgment lien on the property. The Chancery Court of Smith County granted the relief requested. The judgment debtor asserts on appeal that the underlying judgment and a nulla bona sheriff's return are void. For the reasons set forth in our opinion below, we affirm the action of the lower court.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:C. K. Smith |
Smith County | Court of Appeals | 10/12/00 | |
| Next Generation, Inc. vs. Wal-Mart
M2000-00114-COA-R3-CV
In this contract dispute, the jury awarded damages to Wal-Mart, Inc., and the Trial Court concurred. Next Generation, Inc., appealed raising issues as to the admissibility of evidence and the Trial Court's instructions to the jury. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 10/12/00 | |
| Next Generation, Inc. vs. Wal-Mart
M2000-00114-COA-R3-CV
In this contract dispute, the jury awarded damages to Wal-Mart, Inc., and the Trial Court concurred. Next Generation, Inc., appealed raising issues as to the admissibility of evidence and the Trial Court's instructions to the jury. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Thomas W. Brothers |
Davidson County | Court of Appeals | 10/12/00 | |
| Burgess vs. Tie Co. 1, LLC
M1999-02232-COA-R3-CV
In this slip and fall action the Trial Court granted defendant summary judgment. We vacate and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:L. Craig Johnson |
Coffee County | Court of Appeals | 10/12/00 | |
| General Bancshares vs. Volunteer Bank & Trust
M2000-00231-COA-R3-CV
The Plaintiff, General Bancshares, Inc., filed a declaratory judgment action asking the Trial Court to declare a restrictive covenant in its warranty deed unenforceable. Defendant Volunteer Bank & Trust's predecessor in title of the property at issue originally placed the restriction on the property several years ago. Plaintiff contends, among other arguments, that the restrictive covenant does not bind it as a remote grantee because the restrictive clause does not contain specific "successors and assigns" language. Both parties filed Motions for Summary Judgment, and the Trial Court granted Defendant's Motion. Plaintiff appeals. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:John W. Rollins |
Marion County | Court of Appeals | 10/12/00 |