State of Tennessee v. James W. Burton
A Fentress County jury convicted the Defendant of perjury, and the trial court sentenced him to serve eleven months and twenty-nine days on supervised probation. On appeal, the Defendant asserts that the evidence is insufficient to support the jury’s verdict against the Defendant for perjury. After review, we affirm the trial court’s judgment. |
Fentress | Court of Criminal Appeals | |
State of Tennessee v. Kalpesh Patel and Patikkumar v. Patel
The Defendants, Kalpesh Patel and Pratikkumar V. Patel, were each convicted of one count of conspiracy to commit first degree murder, a Class A felony, and one count of solicitation to commit first degree murder, a Class B felony. See Tenn. Code Ann. §§ 39-12-102, -103, -107. The trial court merged the solicitation convictions into the conspiracy convictions and sentenced each Defendant to fifteen years as Range I, standard offenders. On appeal, the Defendants raise the following issues: (1) both Defendants contend that the evidence was insufficient to sustain their convictions for conspiracy to commit first degree murder; (2) both Defendants contend that the trial court erred in denying their motions to suppress evidence retrieved during warrantless searches of their cell phones; (3) Defendant Kalpesh contends that the trial court erred by not sentencing him as an especially mitigated offender; (4) Defendant Kalpesh contends that a new trial is warranted based on newly discovered evidence impeaching the State’s primary witness; (5) Defendant Pratikkumar contends that the State withheld exculpatory evidence; and (6) Defendant Pratikkumar contends that he received ineffective assistance of counsel from his trial counsel. Following our review, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Edward Joseph Benesch, II
The Defendant, Edward Joseph Benesch II, stands convicted by a Dickson County jury of aggravated child neglect and voluntary manslaughter, for which the trial court sentenced him to an effective term of eighteen years’ incarceration. In this appeal as of right, the Defendant raises the following allegations of error: (1) that the trial court erred by denying the Defendant’s motion to suppress his statement to police after he first requested an attorney and that request did not need clarification in the Defendant’s opinion; (2) that the evidence was insufficient to support the Defendant’s convictions because he did not intentionally neglect the victim and because the element of adequate provocation was absent; (3) that the trial court abused its discretion when it admitted photographs of the victim taken at the crime scene and during the victim’s autopsy given their gruesome nature; (4) that trial court erred by allowing a paramedic to testify as an expert about the “significance of the force” that caused the victim’s injuries; (5) that it was improper for the trial court to allow two witnesses, Shannon Edmonson and Shara Tisdale, to testify about the Defendant’s alleged drug usage and drugs being found in his home; (6) that the trial court should not have allowed testimony from the Defendant’s next-door neighbor that bore “no indicia of reliability and was completely unverifiable”; (7) that the trial court’s refusal to allow the Defendant’s “mitigation expert” to testify regarding how the Defendant told her he fell on the victim violated the Defendant’s constitutional right to present a defense; and (8) that the trial court erred when it allowed the State to play, as a prior inconsistent statement, the video recording of Judith Lane’s interview with law enforcement. Following our review of the record and the applicable authorities, we must conclude that the evidence was insufficient to support the Defendant’s conviction for voluntary manslaughter because the Defendant was not adequately provoked by the eighteen-month-old victim, and therefore, that conviction is reversed and vacated. However, because the proof is sufficient to support the lesser-included offense of reckless homicide, we remand this matter to the trial court for entry of an amended judgment reflecting a reckless homicide conviction and imposition of a consecutive, four-year sentence for that conviction. The Defendant’s remaining issues do not entitle him to relief, and his conviction for aggravated child neglect is affirmed. Accordingly, the trial court’s judgments are affirmed in part and reversed in part. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Christopher Scottie Itzol-Deleon
We granted the State’s application for permission to appeal in this case in order to determine (1) whether we should expressly overrule our decision in State v. Barney, 986 S.W.2d 545 (Tenn. 1999), and (2) whether the Court of Criminal Appeals erred in merging two of the Defendant’s convictions. We expressly overrule Barney and hold that double jeopardy principles apply when determining whether multiple convictions of sexual offenses arise from a single act of sexual assault. We further hold that, in light of the factors we adopt herein, under the facts and circumstances of this case, the Court of Criminal Appeals did not err in merging two of the Defendant’s multiple convictions. Accordingly, albeit for different reasons, we affirm the judgment of the Court of Criminal Appeals. |
Davidson | Supreme Court | |
State of Tennessee v. Jeanet Marie Covington
A Davidson County jury convicted the Defendant, Jeanet Marie Covington, of aggravated arson, and the trial court sentenced her to serve fifteen years in the Department of Correction. The Defendant timely filed a motion for new trial, which the trial court denied. The Defendant appeals the trial court’s denial of her motion, maintaining that the evidence was insufficient to support her conviction. We affirm the trial court’s judgment. |
Davidson | Court of Criminal Appeals | |
Maurice O. Byrd, Jr. v. State of Tennessee
A Montgomery County jury convicted the Petitioner, Maurice O. Byrd, Jr., of aggravated robbery, first degree felony murder, and premeditated first degree murder, and the Petitioner received an effective sentence of life. On appeal, this court affirmed the judgments. See State v. Maurice O. Byrd, No. M2010-02405-CCA-R3-CD, 2012 WL 5989817, at *1 (Tenn. Crim. App., at Nashville, Nov. 29, 2012), perm. app. denied (Tenn. Dec. 11, 2013). The Petitioner filed a post-conviction petition, and the post-conviction court denied relief following a hearing. On appeal, the Petitioner maintains that he received the ineffective assistance of appellate counsel. After review, we affirm the post-conviction court’s judgment. |
Montgomery | Court of Criminal Appeals | |
Kristin Holloway v. Group Properties, LLC
This negligence case was brought by Appellee/Tenant, who suffered injuries when a light fixture and a portion of the rental property ceiling fell due to a water leak. Tenant received a judgment in the general sessions court, and Appellant/Landlord appealed to the circuit court. Following de novo review, the circuit court entered judgment in favor of Tenant. Landlord appeals. Discerning no error, we affirm and remand. |
Shelby | Court of Appeals | |
The Germantown Manor Homeowners Association, Inc. v. GGAT Development Corp., et al.
Appellee, homeowner’s association, filed suit against Appellants, owners of lots in the development, to collect association fees. The trial court held that Appellee, a non-profit corporation, was not authorized to formally assess association fees until it elected a board of directors. Tenn. Code Ann. § 48-58-101. The trial court charged Appellants’ with association fees accruing after the election of the board and also denied Appellants’ counter-complaint for quantum meruit damages allegedly accrued for upkeep of certain common areas, which remained under Appellants’ ownership. Discerning no error, we affirm and remand. |
Shelby | Court of Appeals | |
Jonah Paul Anders v. Mayla Anders
Because the order appealed is not a final judgment, we must dismiss this appeal for lack of jurisdiction. |
Shelby | Court of Appeals | |
State of Tennessee v. Raymond Deshun Ross
The defendant, Raymond Deshun Ross, appeals the dismissal of his motion, filed pursuant to Tennessee Rule of Criminal Procedure 36.1, to correct what he believes to be an illegal sentence imposed for his 2005 Henderson County Circuit Court jury convictions of aggravated assault, carjacking, felony theft, and misdemeanor reckless endangerment. Discerning no error, we affirm. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. William Christopher Davis
Upon the request of the Department of Safety, the State filed a petition to declare William Christopher Davis, the Defendant, a “habitual offender” pursuant to Motor Vehicle Habitual Offenders Act (“the MVHO Act”). The trial court dismissed the petition after concluding that the MVHO Act was ambiguous regarding when the State had a duty to file a petition. On appeal, the State argues that it has an appeal as of right under Tennessee Rule of Appellate Procedure 3(c) from the dismissal of its petition and that the trial court erred in dismissing its petition on the grounds that the MVHO Act was ambiguous and penal in nature. The Defendant argues that the State does not have an appeal as of right from the dismissal of its petition and that the trial court correctly dismissed the petition. After a thorough review of the facts of this case and applicable case law, we conclude that the State does not have an appeal as of right from the dismissal of a motor vehicle habitual offender petition, and thus we dismiss the State’s appeal. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Jonquarius Cunningham
The Defendant, Jonquarius Cunningham, was convicted of one count of attempted second degree murder, one count of reckless endangerment, two counts of employing a firearm during the attempt to commit a dangerous felony, and two counts of aggravated assault. The trial court sentenced the Defendant to an effective sentence of twenty-three years’ incarceration. On appeal, he argues that the evidence is insufficient to sustain his convictions and that the trial court erred by ordering consecutive sentences. Upon review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
Henriette M. Fisher v. Chandranita Ankton
The trial court dismissed this lawsuit because proper service of process was not effectuated on the defendant. Because the defendant waived the specific defense relied upon by the trial court to dismiss this case by failing to comply with Rule 8.03 of the Tennessee Rules of Civil Procedure, we reverse the decision of the trial court and remand for further proceedings. |
Shelby | Court of Appeals | |
State of Tennessee v. Tarell D. Lewis
The defendant, Tarell D. Lewis, appeals his Davidson County Criminal Court guiltypleaded convictions of two counts of the sale of heroin, one count of the possession with intent to sell heroin, and one count of being a felon in possession of a firearm, claiming that the trial court erred by ordering a fully-incarcerative sentence. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
In Re Homer D., et al.
This is a termination of parental rights case. Upon the trial court’s entry of an order terminating her parental rights, Appellant filed a timely notice of appeal. However, Appellant did not comply with Tennessee Code Annotated Section 36-1-124(d) (Supp. 2016) in that she failed to sign the notice of appeal. Although Appellant attempted to correct the error by filing an amended notice of appeal, the amended notice was filed after the thirty day time period for perfecting appeals had expired. As such, this Court lacks subject-matter jurisdiction to adjudicate the appeal, and it is dismissed with prejudice. |
Overton | Court of Appeals | |
In Re Homer D., et al. - Dissent
The majority opinion dismisses this appeal due to the failure of the appellant, Sarah R. P. B., the child’s mother, to sign the initial notice of appeal as required by Tenn. Code Ann. § 36-1-124(d) or to file an amended notice that included her signature within the thirty-day time period for perfecting appeals. The majority has concluded that although the amended notice of appeal “did contain Appellant’s signature, it was filed . . . more than thirty days after the entry of the trial court’s judgment. As such, it, too, is insufficient to confer subject-matter jurisdiction on this Court.” I recognize that the majority opinion is based on two recent Court of Appeals decisions, but I respectfully disagree with those decisions and with the notion that Tenn. Code Ann. § 36-1-124(d) is jurisdictional. I also disagree with the notion that the statute compels this court to dismiss appeals in parental termination cases without affording the parent the opportunity to cure the defect by subsequently signing an amended notice of appeal even if that occurs after the expiration of the thirty-day time period set out in Tenn. R. App. P. 4(a). |
Overton | Court of Appeals | |
Tony Britton v. State of Tennessee
The petitioner, Tony Britton, appeals pro se from the summary dismissal of his 2015 petition for post-conviction relief, which challenged his 2011 guilty-pleaded conviction of second degree murder. Because the petition was filed well beyond the applicable statute of limitations and because the petitioner failed to prove a statutory exception to the timely filing or a due process tolling of the statute of limitations, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Errol Johnson
The defendant, Errol Johnson, was convicted of two counts of aggravated child neglect, a Class A felony, and two counts of criminally negligent homicide, a Class E felony. The trial court merged the two aggravated child neglect convictions and sentenced the defendant as a violent offender to twenty-two years in the Department of Correction. The trial court also merged the defendant’s convictions for criminally negligent homicide and sentenced him to two years. The defendant’s sentences were ordered to be served concurrently for an effective sentence of twenty-two years in the Department of Correction. On appeal, the defendant argues that the evidence is insufficient to support his convictions for aggravated child neglect and that the trial court imposed an excessive sentence. We conclude that the evidence is sufficient to sustain the jury’s verdict and affirm the judgments of the trial court. However, because aggravated child neglect is not an enumerated offense included in Tennessee Code Annotated § 40-35-501(i)(2), the trial court erred in its applying the statute and sentencing the defendant as a violent offender at 100% release eligibility. Therefore, we remand the matter for a new sentencing hearing. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Leon Denton and Devan Denton
After a jury trial, the defendants, Leon Denton and Devan Denton, were convicted of three counts of aggravated rape, one count of facilitation of aggravated rape, one count of facilitation of especially aggravated robbery, and two counts of facilitation of aggravated robbery. On appeal, the defendants assert the evidence was insufficient to support their convictions, arguing the State failed to overcome the defense of duress. The defendants also claim their right to a speedy trial was violated. Independently, Leon Denton argues his convictions violate double jeopardy. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Elza Evans, III v. State of Tennessee
The Petitioner, Elza Evans III, appeals the post-conviction court’s denial of his petition for post-conviction relief in which he challenged his convictions for aggravated burglary, aggravated robbery, and two counts of especially aggravated kidnapping and his effective sentence of two consecutive terms of life imprisonment without the possibility of parole. On appeal, the Petitioner contends that trial counsel rendered ineffective assistance at trial and on appeal. Upon reviewing the record and the applicable law, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Roy Zumstein v. Roane County Executive/Mayor, Assessor Of Property, Trustee
This appeal arises from a taxpayer’s successful challenge of the appraisal value assigned to his real property by the Roane County Property Assessor. The taxpayer filed a petition for judicial review challenging an administrative decision that affirmed the assessor’s valuation. The trial court ruled in favor of the taxpayer, overturning the administrative decision and ordering Roane County to pay the taxpayer’s attorney’s fees. On appeal, Roane County argues that the trial court had no authority to assess attorney’s fees against it. We agree and reverse the trial court’s award of attorney’s fees. |
Roane | Court of Appeals | |
In Re: Dae'Jrien T.
This is an appeal from a final decree of adoption following the entry of an order terminating the parental rights of the appellant to her minor child. The only notice of appeal filed by the appellant within the time provided by Tennessee Rule of Appellate Procedure 4(a) for the filing of a notice of appeal did not comply with Tennessee Code Annotated § 36-1-124(d), which states: “Any notice of appeal filed in a termination of parental rights action shall be signed by the appellant.” Because this notice of appeal was insufficient to invoke the jurisdiction of this Court, this appeal is dismissed. |
Loudon | Court of Appeals | |
State of Tennessee v. Jabriel Linzy, Alias
The Defendant, Jabriel Linzy, alias, appeals as of right from his convictions for first degree murder, attempted first degree murder, and employment of a firearm during the commission of a dangerous felony. The Defendant argues (1) that there was insufficient evidence to support his convictions, and (2) that evidence from social media posts was improperly admitted. Following our review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Edward Keith Morelock v. Ruth Ellen Mick Morelock
In this divorce case, Edward Keith Morelock (Husband) appeals the trial court’s decisions regarding (1) co-parenting time with the parties’ child; (2) division of marital property, (3) valuation of one of the marital assets, and (4) refusal of the court to award him spousal support. Husband argues that the trial court should have designated him primary residential parent and granted him more residential time with the child. He also asserts that the trial court overvalued the business owned by the parties, and that the court should have equally divided the assets and liabilities of that business rather than awarding and assigning all of them to him. Finally, he argues that the trial court should have ordered Ruth Ellen Mick Morelock (Wife) to pay him alimony. Finding no abuse of discretion, we affirm the trial court’s judgment. |
Washington | Court of Appeals | |
Larry A. Pullum v. State of Tennessee
The Petitioner, Larry A. Pullum, appeals from the Wayne County Circuit Court’s denial of his petition for a writ of habeas corpus. The habeas corpus court dismissed the petition because it failed to state a cognizable claim. We affirm its judgment. |
Wayne | Court of Criminal Appeals |