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| State vs. Chris Wilson a/k/a Calvin Clark
M1998-00395-CCA-R3-CD
Following a "best interest" plea to one count of aggravated burglary, the appellant was sentenced to a term of five years in the Department of Correction. On appeal, he challenges (1) the length of the sentence and (2) the imposition of a sentence of total confinement. After review, we affirm.
Authoring Judge: Judge David G. Hayes
Originating Judge:John H. Gasaway, III |
Montgomery County | Court of Criminal Appeals | 09/28/00 | |
| Turner vs. Turner
M1999-00482-COA-R3-CV
This is a divorce case. Following a bench trial, the court below (1) granted a divorce to wife; (2) divided the marital property; (3) awarded wife alimony in the form of a $1,640.55 monthly payment out of husband's retirement account; and (4) declared that the alimony award was to be secured by the husband's retirement account. Husband appeals the alimony award, the use of the retirement account as security for the payment of alimony, and the trial court's division of the marital property. Wife takes issue with the division of the parties' marital property. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 09/28/00 | |
| Wilson vs. So. Centr. Corr. Facility Disciplinary Bd
M2000-00303-COA-RM-CV
An inmate in a privately operated prison filed a Petition for Writ of Certiorari against the disciplinary board at that facility. The trial court dismissed his petition for failure to state a claim. We affirm
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Jim T. Hamilton |
Wayne County | Court of Appeals | 09/28/00 | |
| Lassiter vs. Lassiter
M1999-00374-COA-R3-CV
This case involves a divorce ending a seven-year marriage. The divorce was awarded to the wife on grounds of the husband's inappropriate marital conduct. The trial court divided the property and debts according to the parties' stipulations. The court then awarded the wife alimony in futuro and ordered the husband to pay $750 of the wife's attorney fees. The husband appeals the awards of alimony and attorney fees. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol A. Catalano |
Robertson County | Court of Appeals | 09/28/00 | |
| Joiner vs. Metro Gov't
M2000-00413-COA-R3-CV
The Trial Court entered consent Judgment over objection of defendant. We vacate Judgment and remand.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 09/28/00 | |
| Franklin Nat'l Bank vs. Prowell
M2000-00580-COA-R3-CV
The Circuit Court of Williamson County refused to issue a writ of certiorari to review a judgment of the General Sessions Court of that county because the petition was untimely and the same issues were already pending in an action in Maury County. We affirm.
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Jeffrey S. Bivins |
Williamson County | Court of Appeals | 09/28/00 | |
| Turner vs. Turner
M1999-00482-COA-R3-CV
This is a divorce case. Following a bench trial, the court below (1) granted a divorce to wife; (2) divided the marital property; (3) awarded wife alimony in the form of a $1,640.55 monthly payment out of husband's retirement account; and (4) declared that the alimony award was to be secured by the husband's retirement account. Husband appeals the alimony award, the use of the retirement account as security for the payment of alimony, and the trial court's division of the marital property. Wife takes issue with the division of the parties' marital property. We affirm.
Authoring Judge: Judge Charles D. Susano, Jr.
Originating Judge:Marietta M. Shipley |
Davidson County | Court of Appeals | 09/28/00 | |
| Moss vs. TN Board of Paroles
M2000-00128-COA-R3-CV
At the hearing where appellant's parole was revoked, the Hearing Officer admitted sworn statements of alleged victims. The Trial Court upheld the revocation. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 09/28/00 | |
| Dudley vs. Dudley
M1998-00982-COA-R3-CV
In this divorce case, the trial court awarded the divorce to the Wife and divided the property. Husband appeals the award of the marital residence and its contents to Wife. We affirm.
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Carol A. Catalano |
Montgomery County | Court of Appeals | 09/28/00 | |
| Barry Robinson v. Donald Brooks
M2003-00185-COA-R3-CV
This case involves the sale by auction of certain real property in Davidson County. The buyers brought suit in Davidson County Chancery Court seeking specific performance or, in the alternative, damages for breach of contract. From the trial court's grant of summary judgment for the defendants, the plaintiff buyers appeal. We affirm.
Authoring Judge: Judge William B. Cain
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 09/28/00 | |
| Paul Farnsworth, A/K/A Ronnie Bradfield v. Donita Moore,
01623-COA-R3-CV
Originating Judge:Thomas W. Graham |
Bledsoe County | Court of Appeals | 09/28/00 | |
| Tammy Elizabeth Hickman & Danny Ray Hickman vs. Eugenia Darlene Hickman
E2000-00927-COA-R3-CV
Plaintiffs sued to terminate the mother's parental rights. The Trial Judge held plaintiffs failed to carry the burden of proof. We affirm.
Authoring Judge: Presiding Judge Herschel P. Franks
Originating Judge:Jeffrey F. Stewart |
Rhea County | Court of Appeals | 09/28/00 | |
| State vs. Kimberly Greene
E1999-02200-CCA-R3-CD
The defendant appeals from her Blount County Circuit Court conviction and sentence for criminal responsibility for rape of a child, a Class A felony. The trial court sentenced the defendant as a child rapist to 25 years incarceration in the Department of Correction. In this direct appeal, the defendant complains that the videotaped statement she made in response to questioning at the police station should have been suppressed; that the videotaped statement contained inadmissible references to uncharged misconduct; that the cautionary instruction about the evidentiary value of the videotaped statement was inadequate; that her sentence is excessive; and that she should have been sentenced as a Range I, standard offender with a 30 percent release eligibility date. We affirm the defendant's conviction and sentence.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/27/00 | |
| State vs. Joshua Webster
E1999-02203-CCA-R3-CD
The defendant appeals the trial court's denial of probation or split confinement as the manner of serving his eight-year rape sentence. Because the record supports the trial court's imposition of an incarcerative sentence, we affirm.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 09/27/00 | |
| Michael E. Christian vs. State
E2000-00922-CCA-R3-PC
The petitioner, Michael E. Christian, appeals the trial court's denial of his petition for post-conviction relief. He contends that he did not voluntarily enter his guilty pleas because he was experiencing panic attacks and confusion, which was a side effect of his medication, at the time he entered the pleas. He also claims that he received the ineffective assistance of counsel because his attorneys did not investigate the effects of his medication on his competency and scared him into pleading guilty. We affirm the trial court's denial of the petition.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 09/27/00 | |
| William Boyd vs. State
E1999-01279-CCA-R3-PC
The petitioner, William Boyd, appeals from the trial court's denial of his petition for post-conviction relief. Boyd alleges that his eight-year sentence for the offense of especially aggravated sexual exploitation of a minor, which is to be served at 100 percent, is illegal. We agree that the sentence is illegal and therefore reverse the trial court's dismissal of the post-conviction petition, vacate the conviction of especially aggravated sexual exploitation of a minor and the dismissal of the charge of aggravated rape, and remand to the trial court for further proceedings.
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:William H. Inman |
Monroe County | Court of Criminal Appeals | 09/27/00 | |
| J.D. Hickman v. State of Tennessee
E1999-02756-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Lynn W. Brown |
Washington County | Court of Criminal Appeals | 09/27/00 | |
| State vs. Bobby Wells
E2000-01496-CCA-R3-CD
A Monroe County jury convicted the defendant of the sale of .5 grams or more of cocaine and of a separate offense involving the sale of less than .5 grams of cocaine. For these crimes the trial court sentenced him to nine years and four years respectively as a Range I, standard offender. These sentences were ordered to run concurrently with one another. Furthermore, the jury assessed the defendant a fifteen thousand dollar fine on each conviction. At a subsequent hearing the trial court denied his new trial motion and revoked his probation from previous offenses. Appealing these decisions, the defendant raises the following six issues: 1) whether the trial court erred by permitting the State to introduce transcripts of taped conversations allegedly transpiring between the defendant and informant when such transcripts were admitted through a police officer who neither heard nor electronically monitored the involved conversations; 2) whether the trial court erred by permitting the prosecution to play and introduce the aforementioned tapes through the same officer; 3) whether the State failed to prove chain of custody because it neither called the lab technician who placed the evidence in the vault at the crime laboratory nor complied with Tennessee Rule of Evidence 803(6); 4) whether the trial court erred in refusing to grant the defendant a new trial based on newly discovered evidence involving the informant's motive for testifying against the defendant; 5) whether sufficient evidence existed to support the conviction; and 6) whether the defendant's probation revocation should stand when such was based upon the above-outlined new convictions and not the defendant's failure to report as was alleged in the probation violation warrant and when the convictions forming the basis for the revocation are allegedly not supported by sufficient evidence. After a review of the record, we find these claims to lack merit and, therefore, affirm the lower court's actions.
Authoring Judge: Judge Jerry Smith
Originating Judge:R. Steven Bebb |
Monroe County | Court of Criminal Appeals | 09/27/00 | |
| John E. Carter vs. Howard Carlton
E2000-00406-CCA-R3-PC
John E. Carter seeks the writ of habeas corpus. He claims that he is entitled to immediate release from his two 1981 convictions for the first degree murder of his grandparents. Carter alleges that he is being illegally restrained because he had inadequate notice of the charges against him, because the trial court excluded relevant evidence at his trial, and because the jury instructions given at his trial were flawed. We agree with the court below that these issues do not entitle Carter to issuance of the writ of habeas corpus. Accordingly, we affirm the lower court's dismissal of the petition.
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:Robert E. Cupp |
Johnson County | Court of Criminal Appeals | 09/27/00 | |
| 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 |