| State of Tennessee v. Antoinette Hill
E2001-02524-CCA-R3-CD
The defendant, Antoinette Hill, was convicted of first degree premeditated murder. The trial court imposed a life sentence. In this appeal of right, the defendant challenges the sufficiency of the evidence and argues that the trial court erred in its instructions to the jury. The judgment is affirmed.
Authoring Judge: Presiding Judge Gary R Wade
Originating Judge:Judge Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 12/13/02 | |
| State of Tennessee v. Harry Jamieson
W2001-02449-CCA-R3-CD
The defendant was convicted by a Shelby County Criminal Court jury of one count of aggravated robbery, a Class B felony, and two counts of aggravated assault, Class C felonies, based on his participation in an armed robbery of a Memphis restaurant. He was sentenced by the trial court as a standard, Range I offender to concurrent terms of nine years for the aggravated robbery conviction and four years for each aggravated assault conviction, for an effective sentence of nine years in the Department of Correction. He was fined $500 for each conviction. On appeal, the defendant argues that the trial court erred by failing to instruct the jury on the lesser-included offenses of facilitation of aggravated robbery and aggravated assault and by improperly applying enhancement factors to enhance his sentences from the minimum in his range. We conclude that the trial court’s failure to instruct the jury on the lesser-included offenses of facilitation constitutes reversible error under the circumstances of this case. Accordingly, we reverse the judgment of the trial court and remand the case for a new trial.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge W. Otis Higgs, Jr. |
Shelby County | Court of Criminal Appeals | 12/13/02 | |
| State of Tennessee v. David Earl Palmer
W2001-02515-CCA-R3-CD
Defendant, David Earl Palmer, was convicted by a jury of aggravated burglary and aggravated rape. The trial court sentenced Defendant to five years for the aggravated burglary conviction and twenty-five years for the aggravated rape conviction. In his appeal, Defendant contends that the evidence presented at trial was insufficient to sustain either conviction. After a thorough review of the record, we affirm the judgments of the trial court.
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Judge C. Creed McGinley |
Carroll County | Court of Criminal Appeals | 12/13/02 | |
| State of Tennessee v. Brenda McKenzie
W2001-03061-CCA-R3-CD
The appellant, Brenda McKenzie, pled guilty in the Chester County Circuit Court to one count of facilitating the manufacture of methamphetamine and one count of possession of anhydrous ammonia, both Class E felonies. The plea agreement provided for concurrent sentences of two years to be served on community corrections. The appellant moved the trial court to waive or suspend the mandatory fines on both offenses. The court denied the motion and the appellant now appeals. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Donald H. Allen |
Chester County | Court of Criminal Appeals | 12/13/02 | |
| Tonya L. Merrick v. Metropolitan Government of Nashville and Davidson County
M2006-01169-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 12/13/02 | |
| State of Tennessee v. Nicole Beaudion a/k/a Nikki Napier
M2001-01560-CCA-R3-CD
The defendant, Nicole Beaudion, also known as Nikki Jo Napier, appeals pursuant to Tennessee Rule of Criminal Procedure 35(b). After pleading guilty to facilitation of especially aggravated robbery, a Class B felony, and agreeing to accept a fifteen-year sentence to be served in the Department of Correction with a 30 percent release eligibility date, the defendant filed a timely Rule 35(b) motion to reduce her sentence to ten years. The trial court denied this motion, and the propriety of this action is now challenged on appeal.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 12/13/02 | |
| State of Tennessee v. Jeffrey Lynn Murphy
M2002-00984-CCA-R3-CD
The Defendant, Jeffrey Lynn Murphy, pled guilty to one count of fraud and was placed on probation for three years. The Defendant's supervising officer subsequently filed a probation violation warrant and a hearing was held. The trial court revoked the Defendant's probation and ordered him to serve his sentence in the Department of Correction. The Defendant now appeals, claiming that the trial court should have extended his period of probation, instead. We affirm the trial court's judgment.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Lillie Ann Sells |
DeKalb County | Court of Criminal Appeals | 12/13/02 | |
| John Robert Benson v. State of Tennessee
M2001-02510-CCA-R3-PC
The petitioner was convicted of two counts of attempted first degree murder and three counts of reckless endangerment and received an effective sentence of thirty years. On direct appeal, this court affirmed the petitioner's convictions and sentence. The petitioner now contends that his trial counsel provided ineffective representation. After reviewing the record, we conclude that the petitioner has failed to meet his burden of demonstrating that his trial counsel provided ineffective assistance. Accordingly, we affirm the denial of the petition for post-conviction relief.
Authoring Judge: Judge Alan E. Glenn
Originating Judge:Judge W. Charles Lee |
Bedford County | Court of Criminal Appeals | 12/12/02 | |
| State of Tennessee v. Tracy R. Pipes
W2002-00433-CCA-R3-CD
The defendant, Tracy R. Pipes, appeals the Hardin County Circuit Court's revocation of her drug-offense probation. The court ordered her to serve the effective eight-year sentence in the Department of Correction. Because the record supports the lower court's actions, we affirm.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge C. Creed McGinley |
Hardin County | Court of Criminal Appeals | 12/12/02 | |
| State of Tennessee v. Adrianne Elizabeth Noles
W2002-01558-CCA-R3-CD
Pursuant to Tennessee Code Annotated section 39-13-213(a)(1) (1997), the defendant, Adrianne Elizabeth Noles, was charged with vehicular homicide by recklessness in the Haywood County Circuit Court. She submitted a guilty plea to the charge, a Class C felony, and agreed to have the trial court determine the length and manner of service of her sentence. After a sentencing hearing, the trial court imposed a three-year sentence to be served in the Department of Correction. Aggrieved of the trial court’s rejection of any sentencing alternative to incarceration, she appeals. We affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Judge Clayburn L. Peeples |
Haywood County | Court of Criminal Appeals | 12/12/02 | |
| Nancy Webber vs. Gary Webber
E2002-01355-COA-R3-CV
The Trial Court held it had jurisdiction over marital property and alimony. Husband argued since the divorce was granted in Nevada, the Nevada Decree was res judicata on these issues. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:William E. Lantrip |
Anderson County | Court of Appeals | 12/12/02 | |
| In Re: Estate of Donald Henderson, Jeff Henderson vs. Kenneth Henderson
E2002-01155-COA-R3-CV
Donald Ben Henderson ("Deceased") died in 1998. Jeff Henderson ("Appellant") is the Deceased's grandson. Kenneth Henderson ("Appellee") is the Deceased's son. Appellant and Appellee each submitted documents for probate purporting to be the last will and testament of the Deceased. In total, three wills and a revocation were filed with the Probate Court. The Probate Court entered its Order of Probate on October 18, 2001, holding that none of the three documents submitted should be admitted to probate as the Deceased's will. Based upon this determination, the Probate Court held the Deceased died intestate. More than thirty days after October 18, 2001, Appellee filed a motion to excuse the administrator ad litem and requested he be appointed personal representative of the estate. Appellant opposed the motion and filed a will contest. The Probate Court's order of April 23, 2002, appointed Appellee personal representative of the estate and stated its earlier order holding the Deceased died intestate was a final order. Appellant appealed. Appellee argues this Court lacks jurisdiction to hear the appeal because the notice of appeal was filed late. We hold the notice of appeal was not filed timely. We, therefore, are without jurisdiction to hear this appeal and, accordingly, dismiss the appeal.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Edwin C. Harris |
Monroe County | Court of Appeals | 12/12/02 | |
| State of Tennessee v. Melvin L. Harper
E2001-01089-CCA-R3-CD
The appellant, Melvin L. Harper, was convicted by a jury in the Criminal Court of Sullivan County of aggravated robbery, a Class B felony. The appellant was sentenced as a Range II multiple offender to twenty years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges: (1) the sufficiency of the evidence to support his conviction of armed robbery; (2) the trial court's granting of the State's motion to amend the indictment on the day of trial; (3) the wording of the trial court's jury instructions regarding lesser-included offenses; and (4) the sentence imposed by the trial court. After a careful review of the record and the parties' briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Norma McGee Ogle
Originating Judge:Judge Phyllis H. Miller |
Sullivan County | Court of Criminal Appeals | 12/12/02 | |
| Jackie Wright & Kimberly Green vs. Azalea Rains
E2002-01107-COA-R3-CV
Cager M. Casey ("Deceased") executed a revocable inter vivos trust agreement in July of 1992. The trust named a number of family members and friends as beneficiaries ("Appellees"). In January of 1999, Deceased executed a will. While this will does not specifically reference the trust, it does direct Deceased's PaineWebber stock be sold at his death and the proceeds given to Jackie L. Wright, Kimberly A. Green ("Appellants") and other members of the Wright family. Deceased owned no stock in PaineWebber. However, the trust was administered by UBS PaineWebber, Inc. ("PaineWebber"). Appellants submitted the 1999 will for probate and were granted letters testamentary. PaineWebber refused to turn over the trust investments absent court order. Appellants sued Appellees and PaineWebber. After trial, the Probate Court entered its judgment on November 29, 2001, holding the 1999 will did not alter the trust and the trust would, by its terms, distribute the trust assets to the trust beneficiaries. Appellants appeal the November 29, 2001 judgment. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:William H. Russell |
Loudon County | Court of Appeals | 12/12/02 | |
| E2002-1735-COA-R3-CV
E2002-1735-COA-R3-CV
Originating Judge:L. Marie Williams |
Hamilton County | Court of Appeals | 12/12/02 | |
| Wanda F. Cherry, et al vs. First State Bank
E2002-00981-COA-R3-CV
Wanda F. Cherry and Daniel R. Greene ("Plaintiffs") are the owners of property located on the parkway in Pigeon Forge. Wayne Burroughs ("Burroughs") owned property adjacent to the Plaintiffs' property, but Burroughs' property did not adjoin the parkway. Burroughs leased Plaintiff's property and used their property and his property to operate a business. During this time, Burroughs borrowed money from First State Bank ("Defendant"). Burroughs' leasehold interest in Plaintiffs' property was part of the collateral for this loan. After Burroughs filed for bankruptcy, his leasehold interest in Plaintiffs' property was sold at auction. Defendant was the highest bidder at the auction. Defendant paid rent for a period of time, but then stopped paying rent. Plaintiffs sued for past due rent. The Trial Court granted summary judgment to Plaintiffs and awarded damages totaling $127,968.60. Defendant appeals the grant of summary judgment to Plaintiffs. We affirm.
Authoring Judge: Judge David Michael Swiney
Originating Judge:Ben W. Hooper, II |
Sevier County | Court of Appeals | 12/12/02 | |
| Taylor & Fleishman vs. Kenneth Seaton
E2002-00075-COA-R3-CV
This is a suit to recover a contractual attorney fee. By virtue of circumstances plaintiff Dudley Taylor had the exclusive standing to contest a petition for the involuntary bankruptcy of Taylor and Associates, LLP, from whom defendant and five other individuals had received preferential payments which were required to be returned to the Trustee if the bankruptcy was approved. Conversely, if the bankruptcy was not approved, the defendant and others similarly situated would retain the preferential payments. The plaintiffs had invested a substantial sum with Taylor and Associates, LLP, but had received no preferences. Dudley Taylor devised a plan whereby, for a fee, he would intervene in the bankruptcy and oppose it, and if he were successful the defendant would retain the preferential payments. The defendant proposed a contract by which the plaintiff, for a non-refundable up-front fee of $100,000.00, and a $200,000.00 additional fee contingent upon success, agreed to oppose the bankruptcy as a party litigant. He was successful, but the defendant refused to pay the fee, asserting the invalidity of the contract on various grounds, including ethical considerations. The Chancellor allowed a recovery. We affirm.
Authoring Judge: Sr. Judge William H. Inman
Originating Judge:Sharon J. Bell |
Knox County | Court of Appeals | 12/12/02 | |
| State of Tennessee v. Mark Anthony Griffin
E2001-01233-CCA-R3-CD
A jury convicted the Defendant of aggravated robbery and attempted robbery. The trial court sentenced the Defendant to an effective nine-year term. The Defendant appealed, and our Court affirmed the case in part, but remanded the case in part for the trial court to determine whether the Defendant's right to a speedy trial was violated. On remand, the trial court found that the Defendant's right to a speedy trial had not been violated. The Defendant now appeals from the trial court's order denying his motion to dismiss for a violation of his right to a speedy trial. Finding no error, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 12/11/02 | |
| Sandra Sparkman & Joe Sparkman vs. Bluecross Blueshield
E2002-00932-COA-R3-CV
Plaintiffs' action was dismissed by the Trial Court on the grounds plaintiffs failed to exhaust administrative appeals. On appeal, we Vacate and Remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Samuel H. Payne |
Hamilton County | Court of Appeals | 12/11/02 | |
| John Garland vs. Tonia Garland
E2002-00949-COA-R3-CV
In this divorce action, the wife appeals the alimony award and amount of attorney's fees awarded to her. On appeal, we Affirm as Modified.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:James W. Mckenzie |
Rhea County | Court of Appeals | 12/11/02 | |
| Rose Warnick vs. Carter County
E2002-00833-COA-R3-CV
This is a negligence action filed by Rose F. Warnick against Carter County ("the County") seeking damages for personal injuries arising out of an automobile accident involving the plaintiff and Keith G. Range ("Deputy Range"), a Carter County deputy sheriff, who, according to the complaint, was "acting within the course and scope of his authority as an agent, servant and employee of" the County at the time of the accident. The County filed a motion to dismiss pursuant to Tenn. R. Civ. P. 12.02(6). The trial court dismissed the plaintiff's complaint, holding that it was not filed within one year of the accident as required by the Governmental Tort Liability Act ("the GTLA"). We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Jean A. Stanley |
Carter County | Court of Appeals | 12/11/02 | |
| City of Oak Hill v. AAMP
M2001-00688-COA-R3-CV
This appeal concerns the City of Oak Hill's efforts to enforce its exclusively residential zoning restrictions over a parcel of land situated at the city's eastern border. The city appeals the trial court's finding that "parcel 109" was located outside of Oak Hill's city boundary and, therefore, not subject to the city's zoning ordinances. We affirm the action of the trial court.
Authoring Judge: Judge William B. Cain
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 12/11/02 | |
| Paul E. Johnson v. The Metropolitan Government Of
M2001-00633-COA-R3-CV
Authoring Judge: Judge Don R. Ash
Originating Judge:Carol L. Mccoy |
Davidson County | Court of Appeals | 12/11/02 | |
| E2002-01703-COA-R3-CV
E2002-01703-COA-R3-CV
Authoring Judge: Judge David Michael Swiney
Originating Judge:Telford E. Forgerty, Jr. |
Sevier County | Court of Appeals | 12/11/02 | |
| Pigeon Forge vs. William Loveday
E2002-00643-COA-R3-CV
Landowner seeks a new trial in eminent domain case on grounds that the Trial Court admitted in evidence the price paid for the land 19 years earlier. We reverse the Trial Court's Judgment.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Richard R. Vance |
Sevier County | Court of Appeals | 12/11/02 |
