Holt vs. Lewis
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Davidson | Supreme Court | |
King vs. State
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Knox | Supreme Court | |
State vs. Small
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Knox | Supreme Court | |
State vs. Harris
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Henry | Supreme Court | |
State of Tennessee v. Teresa Dion Smith Harris - Separate Concurring
The majority concludes that the jury’s finding of an incomplete aggravating circumstance permits Tenn. R. Crim. P. 52(a), harmless error review, holding the error statutory rather than constitutional. I agree that the error is statutory and that harmless error analysis applies. Accordingly, I join with the majority in affirming the judgment of the Court of Criminal Appeals. I write separately, however, because I find that, in conducting harmless error review, the majority fails to perform a sufficient analysis to support its finding that the invalid aggravating circumstance did not “affirmatively appear to have affected the result of the trial on the merits.” See Tenn. R. Crim. P. 52(a). |
Henry | Supreme Court | |
Brewer vs. Lincoln Brass Works
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Wayne | Supreme Court | |
Helms vs. Dept. of Safety
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Supreme Court | ||
State vs. Crutcher
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Supreme Court | ||
State vs. Crutcher
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Supreme Court | ||
State vs. Madkins
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Supreme Court | ||
State vs. Tyrone Chalmers
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Shelby | Supreme Court | |
Teri Michelle Parker v. Richard Ken Parker - Concurring
Although I concur in the majority’s decision to affirm the grant of custody to the father, I write separately to condemn the appearance of impropriety this case exudes. As the United |
Davidson | Supreme Court | |
State of Tennessee v. Carolyn L. Curry - Dissenting
I disagree with the majority's holding in this case that the district attorney |
Jackson | Supreme Court | |
State of Tennessee v. Carolyn L. Curry
We granted this appeal to determine whether the trial court properly ruled that the prosecution abused its discretion by failing to consider all of the relevant factors in denying the defendant’s application for pretrial diversion, and whether the Court of Criminal Appeals erred in remanding the case for an evidentiary hearing.1 The Court of Criminal Appeals agreed that the prosecutor’s written letter denying diversion did not discuss all of the relevant factors, but remanded for an evidentiary hearing to allow the prosecutor to testify as to the factors that were considered in denying pretrial diversion. |
Carroll | Supreme Court | |
Teri Michelle Parker v. Richard Ken Parker
We granted the appeal in this child custody case to determine whether the trial court erred in admitting expert testimony regarding the effects of an interracial relationship on the child and in later excluding the trial court’s comments from the statement of evidence. |
Supreme Court | ||
Diana Morris v. State of Tennessee
This case requires us to determine whether the Tennessee Claims Commission has subject-matter jurisdiction over actions filed against the State for the tort of retaliatory discharge.1 Because we conclude that the Claims Commission does not have such jurisdiction, the judgment of the Court of Appeals vacating the Claims Commission’s award and dismissing the retaliatory discharge action is affirmed. |
Davidson | Supreme Court | |
Frances Miller Bell by Janet Snyder, Conservator & Attorney-In-Fact v. Icard, Merrill, Cullis, Timm, Furen, and Ginsburg, P.A., and William Gordon Bell and Hunton & Williams and Long, Ragsdale and Waters
We granted this appeal to determine whether the plaintiff’s complaint states a cause of action for abuse of process. We conclude that the complaint fails to allege one of the essential elements of the tort -- an improper act in the use of process. Accordingly, we affirm the judgment of the Court of Appeals which upheld the trial court’s dismissal of the plaintiff’s complaint for failure to state a claim upon which relief can be granted. Tenn. R. Civ. P. 12.02(6). |
Knox | Supreme Court | |
Zagorski vs. State of TN
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Robertson | Supreme Court | |
Hooker vs. Thompson
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Supreme Court | ||
Charles Walton Wright v. State of Tennessee
We granted this appeal to determine whether the appellant’s due process rights were violated when the lower courts dismissed his post conviction petition as timebarred by the three-year statute of limitations since the asserted violation of Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963), did not arise until after expiration of the three-year statute of limitations. |
Davidson | Supreme Court | |
Estate of Foster Hume, III, Deceased, The University of the South v. Meredith Klank
We granted this appeal to determine whether the probate rule of ademption by extinction applies to the specific bequest of a house, where the house is sold at foreclosure before the testator’s death and sales proceeds representing the testator’s interest are identifiable after his death. |
Supreme Court | ||
State of Tennessee v. William Henry Barney
The defendant, William Henry Barney, was convicted of eleven counts of rape of a child and seven counts of aggravated sexual battery. He is currently serving a total effective sentence of eighty years. Upon the Court of Criminal Appeals’s affirmance of these judgments, the defendant filed an application for permission to appeal to this Court. We granted the application in order to determine whether the language of the indictment was sufficient under State v. Hill, 954 S.W.2d 725 (Tenn. 1997), and to determine whether the multiple convictions for rape of a child and aggravated sexual battery violate the constitutional principles of due process or double jeopardy. We conclude that the indictment is sufficient under Hill. In addition, we conclude that, under the facts and circumstances of this case, multiple convictions for rape of a child and aggravated sexual battery are justified and do not violate the constitutional principles of due process or double jeopardy. |
Davidson | Supreme Court | |
Robby McCurry v. Container Corp. of America, a Division of Jefferson Smurfit Corporation
The appellee, Robby McCurry, filed a second motion to rehear on December 28, 1998, petitioning this Court to reconsider our decision in the above styled case. The appellee filed this petition without first seeking permission from this Court as prescribed in Rule 39(f) of the Tennessee Rules of Appellate Procedure. Accordingly, the motion is not well taken. |
Campbell | Supreme Court | |
State of Tennessee v. Kristina Schindler
We granted this appeal to address whether a trial court can consider prior grants of diversion or previously expunged offenses in determining a defendant's suitability for diversion. In the case now before us, the trial court denied the defendant's request for judicial diversion because the defendant had previously been placed on diversion on two different occasions. The appellate court affirmed the trial court's decision to deny the defendant's application for judicial diversion. Upon review, we hold that evidence of prior diversions may be considered in determining whether a defendant is a suitable candidate for diversion. |
Knox | Supreme Court | |
State of Tennessee v. Preston Carter - Concurring
In this capital case, the defendant, Preston Carter, pled guilty and was convicted on two counts of felony murder. A jury sentenced him to death on both counts, finding that the murders of Thomas and Tensia Jackson were especially heinous, atrocious, and cruel. Tenn. Code Ann. § 39-2-203(i)(5). The jury imposed sentences of death based upon the presence of this sole aggravating circumstance. |
Shelby | Supreme Court |
