Kimberly Mangrum v. State of Tennessee
M2016-00383-CCA-R3-PC
The Petitioner, Kimberly Mangrum, appeals the Dickson County Circuit Court’s denial of her petition for post-conviction relief from her convictions for first degree felony murder, attempted first degree premeditated murder, aggravated burglary, and especially aggravated kidnapping and her effective life sentence. The Petitioner contends that (1) she received the ineffective assistance of counsel on appeal and (2) counsel’s ineffective assistance deprived her of due process of law. We affirm the judgment of the post-conviction court.
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Larry J. Wallace |
Dickson County | Court of Criminal Appeals | 10/11/16 | |
State of Tennessee v. James Ronald Rollins
E2016-00186-CCA-R3-CD
The appellant, James Ronald Rollins, filed a motion to correct an illegal sentence in the Hamilton County Criminal Court pursuant to Tennessee Rule of Criminal Procedure 36.1. The trial court summarily dismissed the motion, and the appellant appeals the ruling. Based upon the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Barry A. Steelman |
Hamilton County | Court of Criminal Appeals | 10/11/16 | |
State of Tennessee v. Austin Dean
E2015-01217-CCA-R3-CD
The Defendant, Austin Dean, pleaded guilty to eleven counts of aggravated robbery, Class B felonies. See T.C.A. §§ 39-13-402 (2014). Pursuant to the plea agreement, the trial court merged Counts 2 and 3 into Count 1, merged Counts 5, 6, and 7 into Count 4, and merged Counts 9, 10, and 11 into Count 8, and the court would determine the length and manner of service of the sentences. The trial court imposed three eight-year sentences and ordered partial consecutive service, for an effective sixteen-year sentence. On appeal, the Defendant contends that the trial court erred by ordering consecutive service. We affirm the judgments of the trial court.
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Steven W. Sword |
Knox County | Court of Criminal Appeals | 10/07/16 | |
Cincinnati Insurance Company v. Josie Rochelle Malone
M2015-02362-COA-R3-CV
This is an appeal from an order granting summary judgment in which Defendant argues that summary judgment was improper because a dispute of material fact exists regarding her affirmative defenses. Finding no error, we affirm.
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Originating Judge:Judge J. Mark Rogers |
Rutherford County | Court of Appeals | 10/07/16 | |
Larry E. Parrish, P. C. v. Nancy J. Strong, et al.
M2015-02495-COA-R9-CV
This is a Tennessee Rule of Appellate Procedure 9 Interlocutory appeal. Upon further review, we have determined that none of the issues certified for interlocutory appeal are properly before us. Accordingly, we vacate our order granting interlocutory appeal and dismiss the appeal.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Chancellor J. B. Cox |
Lincoln County | Court of Appeals | 10/07/16 | |
State of Tennessee v. Ashley Kelso
M2015-00661-CCA-R3-CD
The trial court revoked Ashley Kelso’s (“the Defendant”)probation and ordered her to serve the balance of her sentence. After a review of the record and applicable law, we conclude that the trial court did not abuse its discretion in finding that the Defendant violated her probation or by ordering that she serve her sentence in incarceration. The judgment of the trial court is affirmed.
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Justin C. Angel |
Marion County | Court of Criminal Appeals | 10/07/16 | |
Adam C. Braseel v. State of Tennessee
M2016-00057-CCA-R3-PC
Petitioner, Adam Clyde Braseel, was convicted of first degree premeditated murder, felony murder, especially aggravated robbery, attempted first degree murder, aggravated assault, and assault and sentenced to an effective sentence of life imprisonment with the possibility of parole. State v. Adam Clyde Braseel, No. M2009-00839-CCA-R3-CD, 2010 WL 3609247, at *1 (Tenn. Crim. App. Sept. 17, 2010), perm. app. denied (Tenn. Feb. 17, 2011). On direct appeal, this Court merged the aggravated assault and attempted first degree murder convictions and corrected several clerical errors in the judgments. In all other respects, the convictions and sentences were affirmed. Petitioner subsequently sought post-conviction relief on the basis of ineffective assistance of counsel, arguing, among other things that trial counsel should have filed a motion to suppress the pre-trial identification of Petitioner as the perpetrator, should have challenged the eyewitness identification of Petitioner at trial, and should have requested a jury instruction on eyewitness identification. After a hearing, the post-conviction court granted relief. The State appealed. After a thorough review, we reverse and remand the judgment of the post-conviction court. All of Petitioner’s covictions are reinstated and his petition for post-conviction relief is dismissed.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Justin C. Angel |
Grundy County | Court of Criminal Appeals | 10/07/16 | |
State of Tennessee v. John Freitas
W2015-02492-CCA-R3-CD
The defendant, John Freitas, was convicted by a Shelby County Criminal Court jury of assault and domestic assault, both Class A misdemeanors, and sentenced to consecutive terms of eleven months and twenty-nine days in the county workhouse. On appeal, he argues that: (1) the evidence is insufficient to sustain his convictions; (2) his convictions for assault and domestic assault violate double jeopardy; and (3) the trial court abused its discretion by imposing consecutive sentences. After review, we conclude that it violates double jeopardy for the defendant to receive punishments for assault and domestic assault. Therefore, we order that the defendant's convictions stand but that amended judgments be entered showing that the simple assault conviction merges into the domestic assault conviction for imposition of one sentence.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge W. Mark Ward |
Shelby County | Court of Criminal Appeals | 10/07/16 | |
State of Tennessee v. Tonya Lavette Christopher - concurring
E2015-02038-CCA-R3-CD
I join in the majority's disposition of this case. I write separately only to highlight an apparent precedential conflict that came to light upon pondering footnote three in the majority opinion.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge Don W. Poole |
Hamilton County | Court of Criminal Appeals | 10/06/16 | |
In re Michael B.
M2015-02497-COA-R3-PT
This is a termination of parental rights case. Father and Stepmother filed a petition to terminate the parental rights of Mother to the child. The trial court found that the grounds of abandonment for willful failure to visit, willful failure to support, and conduct demonstrating a wanton disregard for the welfare of the child had been proven by clear and convincing evidence. The trial court also found that termination was in the best interest of the child. Mother appeals. We reverse the finding of abandonment for willful failure to support but affirm the other grounds for termination and the finding that termination is in the best interest of the child. The termination of Mother’s parental rights to the child is therefore affirmed.
Authoring Judge: Presiding Judge J. Steven Stafford
Originating Judge:Judge Suzanne Lockert-Mash |
Humphreys County | Court of Appeals | 10/06/16 | |
Kenneth Sherron v. State of Tennessee
W2016-00515-CCA-R3-PC
The Petitioner, Kenneth Sherron, pleaded guilty to facilitation of kidnapping. Thereafter, the Petitioner filed an untimely petition for post-conviction relief, and the post-conviction court summarily dismissed the petition as time-barred. The Petitioner appeals, asserting that the post-conviction court erred when it summarily dismissed the petition. After review, we affirm the post-conviction court’s judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Roy B. Morgan, Jr. |
Madison County | Court of Criminal Appeals | 10/06/16 | |
State of Tennessee v. Tina Lynn Szabo
W2015-02264-CCA-R9-CD
This is an appeal by permission, pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. A Henry County grand jury indicted the Defendant, Tina Lynn Szabo, for various charges arising out of a traffic stop based upon the Defendant's erratic driving and the subsequent blood test results obtained by a search warrant for a blood draw. The Defendant filed a motion to suppress the blood test results obtained as a result of a search warrant, and the trial court suppressed the blood test results, ruling that an error within the warrant and an untimely return rendered the search warrant invalid. The State filed a motion for an interlocutory appeal, which was granted by the trial court. We granted the Rule 9 appeal, and the State asserts that the trial court erred when it granted the Defendant's Motion to Suppress. After review, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Donald E. Parish |
Henry County | Court of Criminal Appeals | 10/06/16 | |
Ocoee Utility District Of Bradley And Polk Counties, Tennessee v. The Wildwood Company, Incorporated
E2016-00382-COA-R3-CV
This appeal involves the condemnation of property by a utility district. The trial court entered an order of possession vesting title of the property in the utility district and reserved the issue of just compensation for a jury trial. Prior to trial, the utility district filed a motion in limine seeking to exclude the expert appraisal and testimony of the landowner‟s expert witness. The trial court permitted the expert to testify over the objections of the utility district. At the conclusion of the three-day jury trial, the jury returned a verdict of $417,000 for the seven-acre parcel at issue, which was the same value suggested by the landowner‟s expert witness. After the trial court denied the utility district‟s motion for a new trial, the utility district timely filed a notice of appeal. The utility district maintains on appeal that the trial court erred by failing to exclude the testimony of the landowner‟s expert witness, and it also argues that the jury verdict is not supported by material evidence. We vacate the judgment of the trial court and remand for a new trial.
Authoring Judge: Judge Brandon O. Gibson
Originating Judge:Judge Lawrence Howard Puckett |
Bradley County | Court of Appeals | 10/06/16 | |
State of Tennessee v. Khalid M. Mohssin
M2015-02125-CCA-R3-CD
The Defendant, Khalid M. Mohssin, entered an open guilty plea to conspiracy to sell and deliver more than 0.5 grams of methamphetamine, a Class C felony. See Tenn. Code Ann. §§ 39-12-103; -17-417. At the subsequent sentencing hearing, the trial court determined the Defendant would receive a five-year sentence, as a Range I, standard offender, and denied alternative sentencing. On appeal, the Defendant contends that the trial court erred by enhancing his sentence to five years and by denying his request for a suspended sentence. Following our review, we find no abuse of discretion in the trial court’s sentencing decision. Accordingly, the judgment is affirmed.
Authoring Judge: Judge D. Kelly Thomas, Jr.
Originating Judge:Judge Forest A. Durard, Jr. |
Bedford County | Court of Criminal Appeals | 10/06/16 | |
State of Tennessee v. Tonya Lavette Christopher
E2015-02038-CCA-R3-CD
The Defendant, Tonya Lavette Christopher, pled guilty to driving under the influence (DUI), first offense. See Tenn. Code Ann. § 55-10-401. The Defendant's plea agreement preserved a certified question of law regarding the legality of the police encounter which preceded her arrest. Following our review, we conclude that the police officer's detention of the Defendant was justified upon reasonable suspicion of obstructing a roadway in violation of Tennessee Code Annotated section 39-17-307. Accordingly, the DUI judgment is affirmed.
Authoring Judge: Judge D. Kelly Thomas, Jr.
Originating Judge:Judge Don W. Poole |
Hamilton County | Court of Criminal Appeals | 10/06/16 | |
State of Tennessee v. Brian Adams
W2015-02066-CCA-R3-CD
A jury found that the Defendant, Brian Adams, was guilty of rape of a child, a Class A felony, and aggravated sexual battery, a Class B felony. The trial court sentenced the defendant to an effective sentence of ninety years. The Defendant asserts that his convictions should be overturned on the basis of insufficient evidence. After a thorough review of the record, we affirm the judgments of the trial court.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge John Wheeler Campbell |
Shelby County | Court of Criminal Appeals | 10/05/16 | |
State of Tennessee v. Marty V. Bell
W2015-02525-CCA-R3-CD
The Defendant pled guilty to aggravated rape and received a sentence of twenty-five years as a multiple rapist. The Defendant now challenges his sentence as illegal pursuant to Tennessee Rule of Criminal Procedure 36.1, asserting that the trial court erred by failing to make a factual finding of his previous rape conviction and that a disparity exists between the length of his sentence and other shorter sentences for more serious convictions. After a thorough review of the record, we affirm the trial court's dismissal of the Defendant's motion to correct his sentence.
Authoring Judge: Judge John Everett Williams
Originating Judge:Judge Lee V. Coffee |
Shelby County | Court of Criminal Appeals | 10/05/16 | |
In Re Piper H.
W2015-01943-COA-R3-JV
This appeal involves a dispute between unmarried parents regarding a residential parenting schedule for their minor child. Following a hearing, a juvenile court magistrate ordered a structured parenting schedule permitting Father to exercise parenting time with the child during the first, third, and fifth weekends of each month. Father requested a rehearing before the juvenile court judge. The case was reheard, and the juvenile court judge ordered a similar parenting schedule permitting Father to exercise parenting time during the second, fourth, and fifth weekends of each month. The juvenile court also ordered Father to pay Mother’s attorney’s fees in the amount of $3,500. On appeal, Father takes issue with the parenting schedule and award of attorney’s fees ordered by the juvenile court. Having reviewed the record and considered the arguments presented, we affirm the juvenile court’s parenting schedule; however, we vacate the award of attorney’s fees and remand the case to the juvenile court for a determination as to the amount and reasonableness of the attorney’s fees incurred.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Dan H. Michael |
Shelby County | Court of Appeals | 10/05/16 | |
In Re Cannon H.
W2015-01947-COA-R3-JV
This appeal involves a dispute between unmarried parents regarding the modification of a residential parenting schedule for their minor child. Following a hearing, a juvenile court magistrate modified the parties’ existing parenting schedule to permit Father to exercise parenting time with the child during the first, third, and fifth weekends of each month. Father requested a rehearing before the juvenile court judge. The case was reheard, and the juvenile court judge ordered a similar parenting schedule permitting Father to exercise parenting time during the second, fourth, and fifth weekends of each month. The juvenile court also ordered Father to pay Mother’s attorney’s fees in the amount of $3,500. On appeal, Father takes issue with the parenting schedule and award of attorney’s fees ordered by the juvenile court. Having reviewed the record and considered the arguments presented, we affirm the juvenile court’s parenting schedule; however, we vacate the award of attorney’s fees and remand the case to the juvenile court for a determination as to the amount and reasonableness of the attorney’s fees incurred.
Authoring Judge: Judge Arnold B. Goldin
Originating Judge:Judge Dan H. Michael |
Shelby County | Court of Appeals | 10/05/16 | |
State of Tennessee v. Alberto Conde-Valentino
M2015-01872-CCA-R3-CD
The defendant, Alberto Conde-Valentino, appeals his Davidson County Criminal Court jury convictions of felony murder and especially aggravated robbery, claiming that the trial court abused its discretion by denying his motion for severance of co-defendants, that the trial court erred by refusing to instruct the jury on accomplice testimony, and that the evidence was insufficient to sustain his convictions. Discerning no error, we affirm.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 10/04/16 | |
Margaret Smith v. HSBC Mortgage Services, Inc., et al.
W2016-01159-COA-R3-CV
Because the order appealed does not comply with Rule 58 of the Tennessee Rules of Civil Procedure, the order is not a final judgment. Consequently, this Court lacks jurisdiction and this matter must be dismissed.
Authoring Judge: Per Curiam
Originating Judge:Chancellor Jim Kyle |
Shelby County | Court of Appeals | 10/04/16 | |
Eric Best v. Tennessee Department of Correction, et al.
M2016-00513-COA-R3-CV
Appellant, an inmate in the custody of Appellee, the Tennessee Department of Correction, filed a pro se petition for common law writ of certiorari in the trial court, seeking review of a prison disciplinary board’s decision finding him guilty of possession and use of a cell phone. Appellees moved to dismiss the petition for lack of subject matter jurisdiction on the ground that the petition was not verified as required by the Tennessee Constitution and Tennessee Code Annotated Sections 27-8-104(a) and 27-8-106. The trial court granted the dismissal, and Appellant appeals. Discerning no error, we affirm the dismissal of the petition.
Authoring Judge: Judge Kenny Armstrong
Originating Judge:Chancellor Russell T. Perkins |
Davidson County | Court of Appeals | 09/30/16 | |
In re Scott H.
W2016-00070-COA-R3-PT
This is a termination of parental rights case involving a ten-year-old child, Scott H. (“the Child”). On August 8, 2011, the Shelby County Juvenile Court (“trial court”) granted temporary legal custody of the Child to the Tennessee Department of Children's Services (“DCS”). The Child was immediately placed in foster care, where he has remained since that date. DCS subsequently filed a petition to terminate the parental rights of the Child's mother, Jill H. (“Mother”), and his father, William H. (“Father”), on April 17, 2015.1 Following a bench trial, the trial court terminated Mother's parental rights to the Child after determining by clear and convincing evidence that (1) Mother failed to substantially comply with the requirements of the permanency plans, (2) the conditions that led to the removal of the Child from Mother's custody still persisted, and (3) Mother was mentally incompetent to adequately care for the Child. The trial court further found by clear and convincing evidence that termination of Mother's parental rights was in the best interest of the Child. Mother has appealed. Discerning no error, we affirm.
Authoring Judge: Judge Thomas R. Frierson, II
Originating Judge:Special Judge David S. Walker |
Shelby County | Court of Appeals | 09/30/16 | |
In re Damian M.
E2015-02353-COA-R3-JV
This is a dependency and neglect action involving the respondent mother’s two minor children, ages five and six at the time the incident giving rise to this action occurred. After it was discovered that the older child suffered, inter alia, a liver laceration as a result of physical abuse, the Hamilton County Juvenile Court determined that both children were dependent and neglected in the care of their mother. The juvenile court also determined that the older child was a victim of severe child abuse. The mother perfected a de novo appeal to the Circuit Court for Hamilton County. The circuit court likewise found, by clear and convincing evidence, that the children were dependent and neglected and that the mother committed severe child abuse against the older child. The mother appeals the circuit court’s finding of severe child abuse. We have determined that the evidence clearly and convincingly supports the circuit court’s findings that the children are dependent and neglected, and that the mother severely abused the older child. Thus, we affirm.
Authoring Judge: Judge Frank G. Clement, Jr.
Originating Judge:Judge John B. Bennett |
Hamilton County | Court of Appeals | 09/30/16 | |
Willie Johnson v. Turney Center Disciplinary Board, et al.
M2016-00424-COA-R3-CV
An inmate of the Tennessee Department of Correction filed a petition for common law writ of certiorari seeking review of his prison disciplinary conviction. The trial court dismissed the petition on the grounds that the court lacked subject matter jurisdiction to review his petition because the petitioner failed to file the documents required under Tenn. Code Ann. § 27-9-102, and failed to comply with the filing requirements of Tenn. Code Ann. § 41-21-805 and § 41-21-807. This appeal followed. We affirm.
Authoring Judge: Presiding Judge Frank G. Clement, Jr.
Originating Judge:Judge Joseph A. Woodruff |
Hickman County | Court of Appeals | 09/30/16 |