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| State vs. Tyaneshia Turner & Johnathan Webster
W1999-00530-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Chris B. Craft |
Shelby County | Court of Criminal Appeals | 06/21/00 | |
| Claude Garrett vs. State
M1999-00786-CCA-R3-PC
The defendant, after being convicted of first degree murder and sentenced to life imprisonment, was denied post-conviction relief by the Criminal Court of Davidson County. Defendant now appeals that denial and asserts that (1) the State withheld exculpatory evidence in violation of Brady v. Maryland, thereby undermining the confidence of the outcome of the trial; (2) the trial court erred by unconstitutionally instructing the jury; (3) the defendant was not afforded effective assistance of counsel; and (4) juror misconduct and bias violated the defendant's constitutional rights. The issue of juror misconduct was addressed by this court on direct appeal and, therefore, is not properly before this court. After review, we affirm the trial court's finding that the defendant received effective assistance of counsel; however, we reverse and remand the case for a new trial because the prosecution withheld exculpatory evidence in violation of Brady v. Maryland, thereby undermining the confidence in the outcome of the trial.
Authoring Judge: Judge John Everett Williams
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 06/21/00 | |
| State vs. Glenda Dotson
E1999-02330-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Lynn W. Brown |
Sullivan County | Court of Criminal Appeals | 06/21/00 | |
| 1999-00946-COA-R3-CV
1999-00946-COA-R3-CV
Originating Judge:Jeffrey F. Stewart |
Rhea County | Court of Appeals | 06/21/00 | |
| Hampton-Hoover vs. Hoover
M1999-01922-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Muriel Robinson |
Davidson County | Court of Appeals | 06/20/00 | |
| State of Tennessee v. Jeffrey Antwon Burns
M1999-01830-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 06/20/00 | |
| Paul Barnett vs. State
E1999-01583-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Lynn W. Brown |
Unicoi County | Court of Criminal Appeals | 06/20/00 | |
| In the matter of B.B.
M1999-00643-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Burton D. Glover |
Davidson County | Court of Appeals | 06/20/00 | |
| Appellate Court To Apply a Clearly Erroneous Standard of Review, Coln v. City of Savannah, 966
1998-00091-SC-R11-CV
Originating Judge:George H. Brown |
Shelby County | Supreme Court | 06/20/00 | |
| State vs. Winfield
E1996-00012-SC-R11-CD
Authoring Judge: Justice E. Riley Anderson
Originating Judge:Douglas A. Meyer |
Hamilton County | Supreme Court | 06/20/00 | |
| James Earl Kirk, et al. vs. State
M1999-01369-CCA-OT-CO
In this interlocutory appeal the State raises the question of whether the Maury County Circuit Court, relying on Tenn. R. Crim. P. 5(a), erred by ordering that all proceedings in a case heard in general sessions court must be heard in the court closest to the location of the offense. It is the opinion of this Court that the plain language of Tenn. R. Crim. P. 5(a) controls the outcome of this case. The controversy in this case turns on the word "nearest" as used in the statute. A cursory reading of the statute could understandably lead one to believe that the term "nearest" was intended to convey geographic proximity. However, such a narrow reading of the word does not yield the desired result the Rule was intended to have, and cannot be read within the strict confines of the plain language set forth therein. The term "nearest" is broader in scope than mere geographical distance. It is the opinion of this Court that as used in Tenn. R. Crim. P. 5(a), "nearest" was intended to be analyzed temporally.
Authoring Judge: Judge John Everett Williams
Originating Judge:Jim T. Hamilton |
Maury County | Court of Criminal Appeals | 06/20/00 | |
| Jackie William Crowe vs. State
E1998-00016-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Originating Judge:Carroll L. Ross |
McMinn County | Court of Criminal Appeals | 06/20/00 | |
| Felix Wilkey, et al vs. Rhea County, TN et al
E1999-00307-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jeffrey F. Stewart |
Rhea County | Court of Appeals | 06/20/00 | |
| Homer Ernest Weeks, III vs. Kristina Lea Corbitt
E1999-02698-COA-R3-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Bill Swann |
Knox County | Court of Appeals | 06/20/00 | |
| Clark Earls vs. Shirley Earls
M1999-00035-COA-R3-CV
This extraordinary appeal involves the efforts of one party to effectuate an opinion of this court which the Tennessee Supreme Court declined to review. On the first appeal, this court reversed portions of the trial court's final decree and remanded the case with specific directions regarding the details of the order to be entered. After the Tennessee Supreme Court denied the wife's application for permission to appeal, the husband asked the trial court to enter an order consistent with the directions in this court's opinion. After conducting two hearings, the trial court declined to enter the proposed order. We have granted the husband's application for an extraordinary appeal because the trial court, by its refusal to enter a judgment consistent with this court's opinion, has so far departed from the accepted and usual course of judicial proceedings that immediate review of its actions is required. We now (1) vacate the trial court's orders filed after March 29, 2001, (2) direct the clerk of the trial court to enter this opinion and the order accompanying it as the final order in this proceeding, and (3) direct that this case be assigned to another judge in the Twenty-First Judicial District for any further proceedings.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 06/20/00 | |
| John Paul Seals v. State of Tennessee
E1998-00367-SC-R11-PC
Authoring Judge: Justice E. Riley Anderson
Originating Judge:James E. Beckner |
Hamblen County | Supreme Court | 06/20/00 | |
| Design Concept Corporation vs. Ralph Phelps, et ux
E1999-00259-COA-R9-CV
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:W. Dale Young |
Blount County | Court of Appeals | 06/20/00 | |
| State vs. Frank Tate
W1999-01068-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Bernie Weinman |
Shelby County | Court of Criminal Appeals | 06/20/00 | |
| State vs. Clifford Douglas Peele
E1999-00907-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
|
Carter County | Court of Criminal Appeals | 06/20/00 | |
| State vs. Bobby Garner
M1999-01427-CCA-R3-CD
Following a Montgomery County Grand Jury indictment, Bobby Garner, the defendant and appellant, pled guilty to one count of aggravated burglary and one count of theft of property over one-thousand dollars. After a sentencing hearing, the trial court sentenced the defendant to serve five years for aggravated burglary and three years for theft. The trial court ordered the defendant to serve the sentences consecutively. On appeal, the defendant argues (1) that the sentences imposed were excessive, (2) that he should have been sentenced alternatively, and (3) that consecutive sentences were inappropriate. After a thorough review of the record, we affirm the judgment of the trial court.
Authoring Judge: Judge Jerry Smith
Originating Judge:Robert W. Wedemeyer |
Montgomery County | Court of Criminal Appeals | 06/20/00 | |
| John Paul Seals v. State of Tennessee
E1998-00367-SC-R11-PC
Authoring Judge: Justice E. Riley Anderson
Originating Judge:James E. Beckner |
Hamblen County | Supreme Court | 06/20/00 | |
| State vs. Sheila Kay Cooper
E1999-00220-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 06/20/00 | |
| State of Tennessee v. Jeffrey English
II-1298-401-A
Originating Judge:Timothy L. Easter |
Williamson County | Court of Criminal Appeals | 06/20/00 | |
| Wilson vs. Wilson
M1999-01274-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Larry G. Ross |
Warren County | Court of Appeals | 06/20/00 | |
| State vs. Charles S. Jones
M1999-02335-CCA-R3-CD
On October 30, 1997, the defendant offered guilty pleas to six counts of aggravated burglary, five counts of theft over one thousand dollars, one count of theft under one thousand dollars, and one count of possession of an illegal weapon. After a December sentencing hearing, the trial court ordered the defendant placed on probation and granted him post-trial diversion for a period of six years during which he was to comply with a variety of requirements. Subsequently, separate affidavits were filed in July and September of 1998 alleging that the defendant had violated the terms of his probation. Following a March 1999 hearing concerning these allegations, the trial court entered judgment on the defendant's aforementioned twelve guilty pleas and sentenced him as a Range I Standard Offender to serve an effective sentence of four years for the burglary and theft charges consecutively to eighteen months for the possession of an illegal weapon offense. On appeal, the defendant claims that the trial court erred by (1) failing to consider him for alternative sentencing; (2) improperly enhancing his possession of an illegal weapon sentence and one of his aggravated burglary sentences; and (3) ordering the possession of an illegal weapon charge to run consecutively. After having reviewed the record and applicable authorities, we find these issues to be without merit and, therefore, affirm the trial court's sentence.
Authoring Judge: Judge Jerry Smith
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Criminal Appeals | 06/20/00 |