| State vs. Tracy L. Fry
E1999-02758-CCA-R3-CD
Tracy Fry, the Defendant and Appellant, pled guilty to driving under the influence, second offense. With the State's and trial court's agreement, however, she specifically reserved the right to appeal a dispositive question of law pursuant to Tenn. R. Crim. P. 37(b)(2)(1). The issue reserved for review is whether Officer Kyte "had reasonable suspicion based on specific and articulable facts, to approach and subsequently seize the defendant leading to the arrest of the defendant." We conclude that the initial encounter between Officer Kyte and the Defendant was not a seizure, that the encounter provided reasonable suspicion sufficient to justify an investigatory detention of the Defendant, and that sufficient probable cause to arrest the Defendant developed during the course of the brief investigatory detention. Thus, the judgment of the trial court is affirmed.
Authoring Judge: Judge Jerry Smith
Originating Judge:Lynn W. Brown |
Washington County | Court of Criminal Appeals | 09/27/00 | |
| State vs. Bernard K. Johnson
E2000-00009-CCA-R3-CD
The defendant appeals to challenge the sufficiency of the evidence supporting his convictions of sexual battery and aggravated kidnapping and the propriety of the felony sentences imposed by the trial court. We affirm the convictions, but upon notice of plain error, we reverse a misdemeanor conviction of aggravated criminal trespass. Finding the misapplication of some enhancement factors, we modify some of the sentences.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 09/27/00 | |
| State vs. Bruce Adams
E2000-00298-CCA-R3-CD
The defendant, Bruce Adams, appeals his convictions of resisting arrest and disorderly conduct and the manner of service of his effective six-month sentence. The trial court ordered ten days of confinement and probated the balance of the sentence. The resisting arrest conviction is supported by sufficient evidence, and we affirm that conviction and the sentence, including the confinement term. However, because we find insufficient evidence to support the disorderly conduct conviction, we reverse it and dismiss that charge.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/27/00 | |
| State vs. James E. Harman, Jr.
E2000-00437-CCA-R3-CD
In October of 1999, the defendant pled guilty to one count of theft over one-thousand dollars ($1,000.00) and one count of possession of less than .5 ounces of marijuana. His plea form indicated that he agreed to receive concurrent sentences of five and one-half years as a Range II, multiple offender for the former offense and eleven months and twenty-nine days for the latter. Subsequently, the trial court conducted a hearing to determine the manner in which these sentences were to be served. At the conclusion of such hearing, the trial court denied the defendant any form of alternative sentencing, and it is this denial that the defendant contests through his appeal. However, after having reviewed the record and applicable authorities, we find this contention to be without merit and, therefore, affirm the trial court's sentence.
Authoring Judge: Judge Jerry Smith
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/27/00 | |
| State vs. Frankie Lee Lunsford
E2000-00642-CCA-R3-CD
The defendant appeals from his sentences imposed in the Sullivan County Criminal Court for three counts of contributing to the unruliness of a minor, a Class A misdemeanor; one count of inhaling paint, a Class A misdemeanor; one count of public intoxication, a Class C misdemeanor; one count of giving paint to another for unlawful purposes, a Class E felony; and one count of possession of drug paraphernalia, a Class A misdemeanor. The trial court imposed a sentence of two years on the felony conviction to be served in the Department of Correction, with the misdemeanor sentences running concurrently to the felony and to each other. In this direct appeal, the defendant challenges the denial of probation or alternative sentencing. We affirm the judgment of the trial court.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/27/00 | |
| State vs. Susan Renee Whited
E1999-00493-CCA-R3-CD
The Defendant pled guilty to eight counts of theft in Bradley and McMinn Counties. Pursuant to a plea agreement, the Defendant agreed to serve a total of seventeen years in prison and pay restitution in the aggregate amount of $212,284.00. Although the record is silent on the matter, the Defendant was apparently granted parole in 1997 and released. Although not apparent from the record, statements of counsel indicate that the Board of Parolees ordered the Defendant to pay $50.00 per month toward her restitution upon release. On July 30, 1999, the District Attorney General filed an application for garnishment in both counties in order to satisfy the restitution. The trial court temporarily stayed the garnishments pending briefing by both parties, but ultimately issued an order removing the stays in both counties on October 4, 1999. The Defendant appeals that order here. After a careful review of the record, we find that (1) the Defendant has failed to provide an adequate record for our review, (2) Rule 3 of the Tennessee Rule of Appellate Procedure does not authorize an appeal as of right from an order removing a stay of garnishment, and, (3) the court is without jurisdiction to consider the Defendant's claim that her sentence of restitution was void. Accordingly, the appeal is dismissed.
Authoring Judge: Judge Jerry Smith
Originating Judge:R. Steven Bebb |
McMinn County | Court of Criminal Appeals | 09/27/00 | |
| State vs. Steve Jackson
E1999-02013-CCA-R3-CD
A Knox County jury convicted the defendant of aggravated burglary. For this offense the trial court sentenced him to twelve years as a Range III, persistent offender. Through the instant appeal the defendant challenges both the validity of his convictions and his sentence. More specifically, he alleges that the evidence is insufficient to support the jury's verdict of guilty; that the trial court did not appropriately carry out its role as the thirteenth juror; that the copies of prior convictions used to enhance his sentence were not properly certified; and that one of these prior convictions from another state should not have been utilized in sentencing because the State failed to prove that the offense would have been a crime in Tennessee. After reviewing the record, we find that these claims lack merit and, therefore, affirm the lower court's actions.
Authoring Judge: Judge Jerry Smith
Originating Judge:Mary Beth Leibowitz |
Knox County | Court of Criminal Appeals | 09/27/00 | |
| State sv. Marcus Anthony Parram
E2000-00581-CCA-R3-CD
The defendant appeals his convictions for aggravated robbery and aggravated burglary, contending that the evidence was insufficient to support his convictions, that the trial court erred in allowing hearsay statements into evidence, and that the trial court erred in allowing evidence of a prior robbery committed by the defendant. We affirm the judgments of the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:James B. Scott, Jr. |
Anderson County | Court of Criminal Appeals | 09/27/00 | |
| State vs. William Terrell Hampton
E2000-00582-CCA-R3-CD
The defendant appeals his conviction for aggravated sexual battery, contending that the evidence is insufficient to support his conviction, the trial court erred in admitting evidence of a fresh complaint, and the trial court erred in imposing a nine-year sentence. We affirm the defendant's conviction and sentence.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Carroll L. Ross |
Bradley County | Court of Criminal Appeals | 09/27/00 | |
| Walter E. Everette, et al vs. Hubert G. Berry, et al
E2000-00461-COA-R3-CV
In this dispute over real estate, the Plaintiffs seek to have a quit claim deed conveying certain property to the Defendants declared spurious, as well as injunctive relief relative to rights-of-way adjacent to their property. The Chancellor granted the relief the Plaintiffs sought, resulting in this appeal. We affirm.
Originating Judge:Daryl R. Fansler |
Knox County | Court of Appeals | 09/27/00 | |
| State vs. Ricky Lee Netherton
E2000-01016-CCA-R3-CD
The defendant appeals his conviction for especially aggravated robbery, contesting the validity of the indictment and the length of his sentence. We affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Lillie Ann Sells |
Cumberland County | Court of Criminal Appeals | 09/27/00 | |
| State vs. James E. Harman, Jr.
E2000-00437-CCA-R3-CD
In October of 1999, the defendant pled guilty to one count of theft over one-thousand dollars ($1,000.00) and one count of possession of less than .5 ounces of marijuana. His plea form indicated that he agreed to receive concurrent sentences of five and one-half years as a Range II, multiple offender for the former offense and eleven months and twenty-nine days for the latter. Subsequently, the trial court conducted a hearing to determine the manner in which these sentences were to be served. At the conclusion of such hearing, the trial court denied the defendant any form of alternative sentencing, and it is this denial that the defendant contests through his appeal. However, after having reviewed the record and applicable authorities, we find this contention to be without merit and, therefore, affirm the trial court's sentence.
Authoring Judge: Judge Jerry Smith
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/27/00 | |
| Michael Bailey vs. State
E2000-00432-CCA-R3-PC
A Sullivan County jury convicted the petitioner of one count of second degree murder involving the death of his son. For this offense the petitioner received a sentence of twenty years as a Range I, standard offender, and a $50,000 fine. He unsuccessfully brought a direct appeal challenging both his conviction and sentence. Subsequently, he filed a pro se post-conviction petition and was appointed counsel from the public defender's office. Following an evidentiary hearing, the trial court took this matter under advisement and later issued a detailed order dismissing the petition. Thereafter, the petitioner requested that his appointed attorney withdraw from the case and that he be allowed to bring his appeal pro se. The trial court granted this motion, and the petitioner now brings this appeal raising three issues. More specifically, he asserts that (1) the jury instructions, when viewed overall, effectively denied him "a fair trial and a reliable verdict;" (2) the State engaged in misconduct and denied him a fair trial by withholding exculpatory material; and (3) the prosecuting officer made the result of the petitioner's trial unreliable because the officer perjured himself. After reviewing these issues, we find that all have been waived and/or lack merit. We, therefore, affirm the trial court's denial of post-conviction relief.
Authoring Judge: Judge Jerry Smith
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/27/00 | |
| State vs. Charles Arnold Ballinger
E2000-01339-CCA-R3-CD
On October 14, 1998, a Bradley County Grand Jury indicted Charles Ballinger, the defendant and appellant, for statutory rape and contributing to the delinquency of a minor. Following a jury trial, the defendant was convicted on both counts. The court sentenced the defendant to serve two years for statutory rape concurrently with eleven months and twenty-nine days for contributing to the delinquency of a minor. On appeal, the defendant claims (1) that the evidence was insufficient to support a statutory rape conviction, (2) that the trial court should have suppressed a tape recording of a telephone conversation, (3) that the defendant's sentence was excessive, and (4) that the trial court should have instructed the jury to consider mistake of fact as a defense. Because we find that statutory rape requires proof of at least a "recklessness" mens rea and that the trial court should have instructed the jury to consider mistake of fact as a defense to statutory rape, we reverse the judgment of the trial court and remand this case for a new trial.
Authoring Judge: Judge Jerry Smith
Originating Judge:R. Steven Bebb |
Bradley County | Court of Criminal Appeals | 09/27/00 | |
| Jimmy B. Hillard, et al vs. Buddie Ruth Franklin
E2000-00402-COA-R3-CV
This is a suit for specific performance. The plaintiffs entered into an agreement with the defendant to purchase certain real property for $80,000. Before the purchase was closed, a house on the property was destroyed by fire, and the defendant collected $35,000 as proceeds from her homeowners' insurance policy. The purchase of the property did not proceed to closing and the plaintiffs filed suit for specific performance of the contract at a purchase price of $45,000 -- this amount being the difference between the original purchase price and the insurance proceeds collected by the defendant. The trial court granted the plaintiffs summary judgment. The defendant appeals, contending that this case is not ripe for summary judgment. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Richard R. Vance |
Jefferson County | Court of Appeals | 09/27/00 | |
| State vs. Tony Allen Leonard
E1999-00971-CCA-R3-CD
The defendant appeals his conviction for aggravated sexual battery, contending that the evidence is insufficient to support his conviction, the trial court erred in allowing hearsay evidence, and the trial court erred in allowing the state to impeach the defendant on cross-examination with a prior felony conviction. We affirm the judgment of the trial court.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/27/00 | |
| Bobby Lee Tate vs. State
E2000-00796-CCA-R3-CD
The petitioner appeals the trial court's denial of his "Motion to Vacate Judgment." Even though we treat the motion as a petition for habeas corpus relief and countenance the appeal via Tennessee Rule of Appellate Procedure 3(b), the record supports the trial court's determination that the factual allegations of improper or invalid judgments are unfounded. Thus, the trial court's denial of the motion or petition is affirmed.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 09/27/00 | |
| Barry King v. City of Belle Meade, and
M1999-01432-WC-R3-CV
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. _5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this case, the employee contends the trial court erred in failing to award workers' compensation disability and/or medical benefits to the employee based upon his work-related hypertension and heart disease. As discussed below, the panel has concluded the trial court's dismissal of the employees workers' compensation claims should be affirmed. Tenn. Code Ann. _5-6-225(e)(3) Appeal as of Right; Judgment of the Chancery Court Affirmed Turnbull, Sp. J., in which Drowota, J., and Loser, Sp. J., joined. Daniel Carlton Todd, Nashville, Tennessee, for the appellant, Barry King. Teresa Reall Ricks, Farrar & Bates, Nashville, Tennessee, for the appellees, City of Belle Meade and TML Risk Management Pool, Inc., Appellees. MEMORANDUM OPINION The employee, Barry King ("King"), was employed as a police officer for the City of Belle Meade from January 1988 to September 1997. The City of Belle Meade is insured by TML Risk Management Pool, Inc. On January 6, 1988, prior to his employment as a police officer for the City of Belle Meade, King underwent a physical examination which failed to reveal any presence of hypertension or heart disease. On August 12, 1995, King was diagnosed with an irregular heartbeat and high cholesterol. The following day, he was hospitalized with chest pains. King continued his duties as a police officer for the City of Belle Meade after his release from the hospital. Upon the advice of King's cardiologist nearly two years later, King was referred to and treated by Dr. Marcus C. Houston, M.D., for high blood pressure, high cholesterol, coronary heart disease, carotid artery obstruction, and a history of transient ischemic attacks since June 3, 1997. On September 4, 1997, Dr. Houston suggested to King that he no longer continue to work as a police officer because the stress related to King's job as a police officer constituted a danger to King's health. On September 5, 1997, King terminated his employment as a police officer and submitted his First Report of Work Injury. King claims workers' compensation disability and/or medical benefits based upon his work-related hypertension and heart disease. He argues that job stress caused high blood pressure which in turn caused his heart disease. The employee insists he suffers an occupational disease under Tenn. Code Ann. section 5-6-31[6]. Subsequent to King's filing for workers' compensation, an independent health examination was conducted by Dr. Hal M. Roseman, M.D., who evaluated King's medical records, checked the calibration of King's blood pressure monitor, performed a physical examination of King, and had a psychological test of King performed. Dr. Roseman concluded to a reasonable degree of medical certainty that King's medical condition was not proximately caused by his employment as a police officer. Neither Dr. Roseman nor Dr. Houston can be characterized as a professional witness who commonly testify in worker's compensation cases. Charles Vincent Perry, Jr., the Chief of Police for Belle Meade, testified that King's duties as a police officer for the City of Belle Meade consisted of general patrol duties, specifically as a DUI enforcement officer. King does not specifically claim that any particular incident or event in performing his duties as a police officer precipitated his hypertension or coronary heart disease. From the above summarized evidence, the trial judge found that sufficient medical evidence rebutted the presumption, supplied by Tenn. Code Ann. _7-51-21(a)(1), that King's hypertension and heart disease were "accidental injur[ies] suffered in the course of employment." The trial court held that the employee failed to cite to a specific event or occurrence that precipitated his hypertension and heart disease. ISSUES Did the trial court properly find and conclude that the employee's heart disease is not compensable? [2]
Authoring Judge: Turnbull, Sp. J.
Originating Judge:Hon. Irvin H. Kilcrease, Jr., Chancellor |
Davidson County | Workers Compensation Panel | 09/27/00 | |
| State vs. Randall Best
E1999-00120-CCA-R3-CD
The defendant, Randall E. Best, appeals his first degree murder conviction and the resulting sentence of life without parole. He contends: (1) that the evidence is insufficient to show premeditation and deliberation, (2) that certain photographs of the victim were inadmissible at the sentencing phase of the trial, and (3) that the felony murder aggravating circumstance does not sufficiently narrow the class of death-eligible offenders when the jury convicts the defendant of both premeditated murder and felony murder. We hold that the evidence is sufficient, that the challenged photographs are admissible because they are relevant to the aggravating and mitigating circumstances, and that the jury properly based the defendant's sentence on the felony murder aggravator. We affirm the trial court's judgment of conviction.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Carroll L. Ross |
Monroe County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Roy Ray Wallace
E2000-00046-CCA-R3-CD
The defendant appeals his convictions for burglary and theft of property valued at less than five hundred dollars. He challenges the sufficiency of the evidence in light of the uncorroborated testimony of an accomplice, the admissibility of a recording of his co-defendant's testimony, and the length of his sentence. We affirm the convictions and sentences.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:O. Duane Slone |
Grainger County | Court of Criminal Appeals | 09/26/00 | |
| State vs. James McBride
E2000-00096-CCA-R3-CD
The defendant appeals his convictions for two counts of first degree murder and one count of attempted first degree murder. He contends that the evidence is insufficient to show premeditation, that his confession should have been suppressed, that the trial court erred in admitting gory photographs of the victims and of the motor vehicle, and that the trial court erred in sentencing him to consecutive sentences. We affirm the convictions and the sentence.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:E. Eugene Eblen |
Roane County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Jimmy Cullop
E2000-00095-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Jimmy Cullop
E2000-00095-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/26/00 | |
| J.Y. Sepulveda vs. State
E1999-02766-CCA-R3-PC
This is an appeal from the denial of the appellant, J. Y. Sepulveda's petition for post-conviction relief on the grounds that he was denied the effective assistance of counsel at the pre-trial stage of the prosecution. Appellant also alleges that the trial judge erred in not allowing testimony at the post-conviction hearing concerning ineffective assistance of trial counsel during trial. We find that none of these issues constitute error and affirm the trial court's denial of the petition for post-conviction relief.
Authoring Judge: Judge Jerry Smith
Originating Judge:Rex Henry Ogle |
Jefferson County | Court of Criminal Appeals | 09/26/00 | |
| State vs. Almeer Nance
E2000-00170-CCA-R3-CD
Following the transfer of his case from juvenile court, a Knox County grand jury indicted the defendant on one count of premeditated murder, one count of felony murder, one count of especially aggravated robbery, two counts of especially aggravated kidnapping, three counts of aggravated robbery, one count of aggravated assault, and two counts of theft over one thousand but under ten thousand dollars. Prior to trial the defendant filed an unsuccessful motion to suppress the statement he gave to authorities. The case proceeded to trial wherein the defendant was convicted as charged on seven of the aforementioned counts: more specifically, the jury found him guilty of the felony murder, especially aggravated robbery, especially aggravated kidnapping, and aggravated robbery offenses. For these crimes he received an agreed upon effective sentence of life plus twenty-five years in prison. He then filed a "Motion for Judgment of Acquittal, or in the Alternative, Motion for New Trial" alleging the trial court erred in failing to suppress his statement. After the denial of this motion, the defendant brought the instant appeal again raising the suppression issue. However, upon reviewing the record and applicable case law, we affirm the trial court's denial of the motion to suppress the defendant's statement.
Authoring Judge: Judge Jerry Smith
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 09/26/00 |
