John Michael Singer v. Jessica Jo Singer
In this divorce proceeding, the Father appeals the designation of Mother as the primary residential parent of the parties’ minor child. Finding no reversible error, we affirm the judgment. |
Robertson | Circuit, Criminal & Chancery Courts | |
State of Tennessee v. Tyshon Booker
During a botched robbery, sixteen-year-old Tyshon Booker, the Defendant-Appellant, shot and killed the victim, G’Metrick Caldwell. Following extensive hearings in juvenile court, the Defendant was transferred to criminal court to be tried as an adult. At trial, the Defendant admitted that he shot the victim several times in the back while seated in the backseat of the victim’s car; however, he claimed self-defense. A Knox County jury convicted the Defendant of two counts of first-degree felony murder and two counts of especially aggravated robbery, for which he received an effective sentence of life imprisonment. In this appeal as of right, the Defendant raises the following issues for our review: (1) whether the process of transferring a juvenile to criminal court after a finding of three statutory factors by the juvenile court judge violates the Defendant’s rights under Apprendi v. New Jersey, 530 U.S. 466 (2000); (2) whether the State’s suppression of alleged eyewitness identifications prior to the juvenile transfer hearing constitutes a Brady violation, requiring remand for a new juvenile transfer hearing; (3) whether the juvenile court erred in transferring the Defendant to criminal court given defense expert testimony that the Defendant suffered from post-traumatic stress disorder (PTSD) and was amenable to treatment; (4) whether the trial court erred in finding that the Defendant was engaged in unlawful activity at the time of the offense and in instructing the jury that the Defendant had a duty to retreat before engaging in self-defense; (5) whether an improper argument by the State in closing arguments constitutes prosecutorial misconduct requiring a new trial; (6) whether evidence of juror misconduct warrants a new trial and whether the trial court erred in refusing to subpoena an additional juror; and (7) whether a sentence of life imprisonment for a Tennessee juvenile violates the United States and Tennessee Constitutions. Discerning no reversible error, we affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Anthony Wallace
Anthony Wallace (“Defendant”), pro se, appeals the summary dismissal of his Tennessee Rule of Criminal Procedure 36 motion to correct what he claims were errors in his judgments of conviction. Defendant filed an untimely notice of appeal. Because we can find no errors in the judgments of conviction, the interest of justice does not warrant waiver of timely filing. The appeal is dismissed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. John David Hudson
A Madison County jury convicted the Defendant-Appellant, John D. Hudson, of evading arrest (motor vehicle flight) (count one), criminal impersonation (count two), driving with a revoked license (count three), a first offense seat-belt infraction (count four), and failure to obey a traffic control device (count five). Following a hearing, the trial court sentenced the Defendant as a Range II multiple offender to four years for evading arrest, six months for criminal impersonation, six months for driving on a revoked license, thirty days for the seat belt infraction, and thirty days for the failure to obey a traffic control device. The trial court ordered counts one, two, and three to be served consecutively, and a concurrent term of thirty days for the remaining counts, for an effective sentence of five years imprisonment. The sole issue presented on appeal is whether the trial court abused its discretion in imposing partial consecutive sentencing. Upon review, we affirm. |
Madison | Court of Criminal Appeals | |
William Langston v. State of Tennessee
William Langston, Petitioner, was initially indicted for voluntary manslaughter. The State obtained a superseding indictment charging Petitioner with first degree murder. Following a jury trial, Petitioner was convicted of second degree murder. This court affirmed his conviction on direct appeal, and the Tennessee Supreme Court denied further review. State v. William Langston, No. W2015-02359-CCA-R3-CD, 2017 WL 1968827, at *1 (Tenn. Crim. App. May 12, 2017), perm app denied (Tenn. Sept. 22, 2017). Petitioner filed for post-conviction relief claiming that he was denied the effective assistance of his first retained counsel (“trial counsel”). Following a hearing, the post-conviction court denied relief. On appeal, Petitioner asserts that trial counsel failed to convey to him a four-year settlement offer before the State obtained the superseding indictment. After a thorough review of the facts and applicable case law, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Stephen Damian Ledet
Stephen Damian Ledet, Defendant, was convicted by a jury of possession of a Schedule II controlled substance for resale and tampering with evidence. On appeal, Defendant claims the evidence was insufficient to sustain the convictions. After review of the record and briefs, we affirm the convictions. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Shonique Nechelle Smith
Shonique Nechelle Smith, Defendant, appeals from the trial court’s judgment revoking community corrections and requiring her to serve the balance of her sentence in incarceration. Discerning no error, we affirm. |
Hamilton | Court of Criminal Appeals | |
Latoya Ledford, ex rel. Nayeli Roriguez v. State of Tennessee
This appeal is from the Claims Commission’s order granting the defendant’s motion to dismiss pursuant to Tennessee Code Annotated sections 9-8-402, 29-26-121, and 29-26- 122. We must affirm. |
Court of Appeals | ||
In Re Caydan T.
Mother appeals the termination of her parental rights, which the trial court granted on the grounds of persistent conditions, severe child abuse, and failure to manifest a willingness and ability to parent. Mother also appeals the trial court’s finding that the termination of her parental rights was in the child’s best interests. Finding no error, we affirm. |
Tipton | Court of Appeals | |
State of Tennessee v. Benjamin Scott Brewer
Benjamin Scott Brewer, Defendant, was convicted after a jury trial of six counts of vehicular homicide by intoxication, four counts of reckless aggravated assault, driving under the influence, violation of motor carrier regulations, and speeding. As a result, Defendant was sentenced to an effective sentence of 55 years in incarceration. Defendant appeals his convictions and sentences, arguing on appeal that the State violated Brady v. Maryland, 373 U.S. 83, 87 (1963); that the trial court improperly certified a witness as a drug recognition expert; that the evidence was insufficient to show intoxication; and that the trial court improperly sentenced Defendant to consecutive sentences. Following our review, the judgments of the trial court are affirmed. |
Hamilton | Court of Criminal Appeals | |
Leonard Edward Smith v. State of Tennessee
In 1985, a Hamblen County jury convicted the Petitioner, Leonard Edward Smith, of the first degree felony murder of victim Pierce and the first degree premeditated murder of victim Webb. Multiple appeals and remands ensued, following which the Petitioner was ultimately sentenced to two consecutive life terms. In 2017, the Petitioner filed a motion to reopen post-conviction proceedings and a petition for a writ of error coram nobis. The trial court held a hearing and denied relief. On appeal, the Petitioner contends that his motion to reopen should have been granted based on newly discovered evidence, which deprived him of a fair trial, and that he is entitled to coram nobis relief based upon the newly discovered evidence. After review, we affirm the trial court’s judgment. |
Hamblen | Court of Criminal Appeals | |
In Re: Cumberland Bail Bonding
We granted this appeal to determine whether a trial court may suspend a bonding company for violating a local rule of court requiring an agent of the bonding company to be present at court appearances of defendants for whom the bonding company serves as surety. We conclude that the local rule does not conflict with state statutes and is not arbitrary, capricious, or unreasonable, and that the trial court did not err by suspending the bonding company for violating the local rule. Accordingly, the judgment of the Court of Criminal Appeals is reversed, and the judgment of the trial court is reinstated. |
Van Buren | Supreme Court | |
Jason Matthew Wyatt v. State of Tennessee
The Petitioner, Jason Matthew Wyatt, appeals the Sumner County Criminal Court’s order summarily denying relief pursuant to Tennessee Rule of Criminal Procedure 36.1 and summarily dismissing post-conviction relief. The Petitioner argues the trial court erred in (1) holding that the Criminal Savings Statute in Code section 39-11-112 did not apply to the amendments to the theft grading statute in Code section 39-14-105 and (2) dismissing his Rule 36.1 motion/post-conviction petition without appointing counsel. We reverse the judgment of the trial court and remand for further proceedings in accordance with this opinion. |
Sumner | Court of Criminal Appeals | |
In Re The Estate of Jesse L. McCants, Sr.
This is the second appeal arising from probate proceedings involving the estate of Jesse McCants, Sr. The first appeal concerned the accuracy of the personal representative’s final accounting. The trial court determined that some expenses identified by the personal representative should not be allowed. This Court affirmed in part, reversed in part, and remanded “for the entry of a modified order consistent with this Opinion and for such further proceedings as may be necessary and consistent with our direction herein.” The primary issue in this appeal is whether the trial court properly followed our instructions on remand. We conclude that the trial court did so; therefore, we affirm. |
Hamilton | Court of Appeals | |
Charles Huddleston Heaton Jr. Et Al. v. Catherine L. Mathes Et Al.
The plaintiffs filed a health care liability action against a pharmacy and other medical defendants, claiming, inter alia, that the defendants failed to provide proper patient counseling and failed to warn of the risks associated with a prescription drug. The pharmacy defendants subsequently filed a motion to dismiss, asserting that the gravamen of the complaint against them was a products liability action rather than a health care liability action. The defendants further asserted that the “seller shield” defense found within the Tennessee Products Liability Act provided them with immunity from liability. The trial court denied the defendants’ motion to dismiss, ruling that the complaint stated a health care liability action rather than a products liability action. The trial court subsequently granted the defendants’ motion for permission to seek interlocutory appeal regarding whether the seller shield defense contained within the Tennessee Products Liability Act could be asserted when the plaintiffs’ claim is made pursuant to the Tennessee Health Care Liability Act. Following our thorough consideration of the issue, we affirm the trial court’s judgment, determining that the seller shield defense found in the Tennessee Products Liability Act is inapplicable to claims made under the Tennessee Health Care Liability Act. |
Knox | Court of Appeals | |
ORNL Federal Credit Union Et Al. v. Estate of Helen D. Turley Et Al.
This appeal concerns a lawsuit between brothers over funds belonging to their late mother, Helen D. Turley (“Decedent”). Tim Turley, executor of Decedent’s estate (“the Estate”), deposited $138,605.14 from a Y-12 Federal Credit Union (“Y-12 FCU”) account owned by Decedent into an estate account at ORNL Federal Credit Union (“ORNL FCU”). An issue arose because William Dean Turley was named sole payableon- death beneficiary on the Y-12 FCU account, and he asserted the funds were his. ORNL FCU filed a complaint for interpleader in the Chancery Court for Anderson County (“the Trial Court”) to determine the funds’ owner. In a cross-claim, Tim Turley and the Estate alleged that William Dean Turley exercised undue influence over Decedent and that Decedent was incompetent when she named William Dean Turley as the payable-on-death beneficiary on the account. William Dean Turley filed a motion for summary judgment, which the Trial Court granted. The Estate and Tim Turley appeal. We hold that William Dean Turley successfully demonstrated that the evidence at the summary judgment stage is insufficient to establish undue influence, fraud, or lack of mental competency, and there are no genuine issues of material fact for trial. We reverse the Trial Court’s judgment, however, to the extent it awarded attorney’s fees and expenses to William Dean Turley, as these fees and expenses were awarded in contravention of the American Rule. Otherwise, we affirm. |
Anderson | Court of Appeals | |
Jeremy Cooper v. State of Tennessee
Petitioner, Jeremy Cooper, pled guilty to possession with intent to sell or deliver methamphetamine in an amount over .5 grams. Petitioner was sentenced to twelve-years’ incarceration to be served concurrently with a ten-year, Madison County, sentence he was already serving. Petitioner filed a petition for post-conviction relief arguing he received ineffective assistance of counsel. The |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Quintin Brittenum
The Defendant-Appellant, Quintin Brittenum, was convicted by a Shelby County jury of rape of a child and two counts of aggravated sexual battery, for which he received an effective sentence of fifty-five years’ imprisonment. Tenn. Code Ann. §§ 39-13-504, -522. In this appeal as of right, the Defendant’s sole issue for our review is whether the evidence is sufficient to support each of his convictions. Upon our review, we affirm. |
Shelby | Court of Criminal Appeals | |
Carlos Rice v. Jonathan Lebo, Warden
The pro se petitioner, Carlos Rice, appeals the denial of his petition for writ of habeas corpus by the Circuit Court for Lauderdale County, arguing the habeas corpus court erred in summarily dismissing the petition. The petitioner asserts that his sentence has expired and that he is being held past his release date. Following our review, we affirm the habeas court’s dismissal of the petition because the petitioner has failed to show he is entitled to relief. |
Lauderdale | Court of Criminal Appeals | |
Roy L.Crawford v. Georgia Crowell, Warden
The Petitioner, Roy L. Crawford, appeals the Johnson County Criminal Court’s summary dismissal of his petition for a writ of habeas corpus for the alleged unlawful detainment related to an escape charge, for which he was not convicted, and to his second degree murder conviction, for which he received a life sentence. The Petitioner contends that the habeas corpus court erred by summarily dismissing his petition. We affirm the judgment of the habeas corpus court. |
Johnson | Court of Criminal Appeals | |
In Re Estate of Alys Harris Lipscomb
In this appeal of a probate matter, Appellant argues that the trial court erred in ruling that undue influence, breach of fiduciary duty, and conversion occurred as a result of transactions conducted by Appellant as attorney-in-fact of Decedent. Appellant also argues that the trial court erred in ruling that a bank account where both Appellant and Decedent signed a signature card was an individual account instead of a joint account with rights of survivorship. Discerning no reversible error, we affirm the trial court. |
Shelby | Court of Appeals | |
State of Tennessee v. Marcellus Hurt
A Shelby County Criminal Court Jury convicted the Appellant, Marcellus Hurt, of aggravated assault, vandalism, and domestic assault. The trial court imposed a total effective sentence of sixteen years, eleven months, and twenty-nine days. On appeal, the Appellant contends that: (1) the trial court erred by allowing the State to argue a new theory during rebuttal, (2) the trial court erred by allowing the victim to testify regarding the cost of the repairs to his car; (3) the evidence was not sufficient to sustain his convictions of aggravated assault and felony vandalism; and (4) the trial court erred by sentencing the Appellant for a Class D felony for the vandalism conviction, by erroneously applying enhancement factors, and by imposing consecutive sentencing. Upon review, we agree that the trial court erred by admitting hearsay testimony regarding the amount of the damages. Therefore, we must reverse the Appellant’s vandalism conviction and remand for a new trial on that charge. The Appellant’s judgments are affirmed in all other respects. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marcellus Hurt Dissent in Part/Concur in Part
Respectfully, I disagree with the majority opinion’s conclusions that the victim’s testimony regarding the cost of the repairs to his car was inadmissible hearsay and that admission of this evidence necessitates a new trial for the vandalism conviction. |
Shelby | Court of Criminal Appeals | |
Paul Affainie Et Al. v. Heartland Express Maintenance Services, Inc. Et Al.
This appeal arises from a hit–and–run involving a tractor-trailer and a passenger vehicle. The plaintiffs—the car driver and passenger—alleged in their complaint that the defendant trucking company owned the tractor-trailer that collided with their vehicle on the interstate. The plaintiffs also served a copy of the complaint on the car owner’s uninsured motorist carrier as an unnamed defendant. Following discovery, the trucking company moved for and was granted summary judgment on the ground that the plaintiffs were unable to establish liability because they were unable to prove that the trucking company owned the tractor-trailer. The court also dismissed the claims against the uninsured motorist carrier because the plaintiffs failed to establish legal liability against the alleged defendant tortfeasor. Plaintiffs appeal. We affirm. |
Davidson | Circuit, Criminal & Chancery Courts | |
State of Tennessee v. Markist Kantrell Cole
The Defendant, Markist Kantrell Cole, appeals his convictions for attempted second degree murder, aggravated assault, employing a firearm during the commission of a dangerous felony, and reckless endangerment, alleging that the evidence was insufficient to support his convictions and that the trial court erred by issuing a jury instruction on flight. Following our review, we affirm. |
Madison | Court of Criminal Appeals |