State vs. John Farner
E1999-00491-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:R. Jerry Beck |
Sullivan County | Court of Criminal Appeals | 06/30/00 | |
State vs. Mark Steven Marlowe
E1998-00873-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:W. Lee Asbury |
Union County | Court of Criminal Appeals | 06/30/00 | |
State of Tennessee v. Sonny Yarbro
W1999-00770-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 06/30/00 | |
State vs. Sonny Yarbro
W1999-01469-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:Carolyn Wade Blackett |
Shelby County | Court of Criminal Appeals | 06/30/00 | |
State vs. Smith
W1998-00156-SC-R11-CD
In this appeal, we address whether prior inconsistent statements can be used substantively to corroborate a confession when the prior statements are admitted into evidence without objection. We also consider whether the failure of the trial court to instruct the jury as to the limited use of the prior statements constitutes plain error. The Court of Criminal Appeals held that prior inconsistent statements could not be used as substantive evidence and that the failure of the trial court in this case to give a limiting instruction amounted to plain error. For the reasons stated herein, we hold that by not objecting to the admission of the statements, the appellee waived any objection to their use by the jury as substantive evidence to corroborate the appellee’s two confessions. Consequently, we hold that the evidence in this case is sufficient to support a finding of guilt beyond a reasonable doubt. Finally, because the decision to forgo any objection to the hearsay testimony was a deliberate, tactical decision by trial counsel, we are precluded from considering admission of the evidence under a plain error analysis. We reverse the judgment of the Court of Criminal Appeals and reinstate the appellee’s conviction and sentence for aggravated sexual battery.
Authoring Judge: Justice William M. Barker
Originating Judge:Julian P. Guinn |
Henry County | Supreme Court | 06/30/00 | |
State vs. Lawrence White
W1999-00735-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 06/30/00 | |
State vs. Scotty Murphy
W1999-00728-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 06/30/00 | |
State vs. David Barron
W1999-01134-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Originating Judge:C. Creed Mcginley |
Carroll County | Court of Criminal Appeals | 06/30/00 | |
State vs. Adams
W1997-00190-SC-R11-CD
Authoring Judge: Justice William M. Barker
Originating Judge:Chris B. Craft |
Shelby County | Supreme Court | 06/30/00 | |
State vs. Nichols
M1997-00260-SC-R11-CD
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Thomas H. Shriver |
Davidson County | Supreme Court | 06/30/00 | |
Durroccus D. Harris vs. State
M1999-02171-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Originating Judge:James K. Clayton, Jr. |
Rutherford County | Court of Criminal Appeals | 06/30/00 | |
State vs. Jayson Soriano
M1999-00999-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Originating Judge:Seth W. Norman |
Davidson County | Court of Criminal Appeals | 06/30/00 | |
State vs. Jeffrey L. Hammons
M1999-00756-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:J. O. Bond |
Wilson County | Court of Criminal Appeals | 06/30/00 | |
State of Tennessee v. Christopher D. Thacker
M1999-01426-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Originating Judge:J. Curtis Smith |
Sequatchie County | Court of Criminal Appeals | 06/30/00 | |
State vs. DeJuan Jacques Scott
M1999-01672-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Originating Judge:Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 06/30/00 | |
State vs. James Malcolm Davis
M2000-00089-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Originating Judge:Stella L. Hargrove |
Wayne County | Court of Criminal Appeals | 06/30/00 | |
State vs. Glenn A. Saddler
M1999-00934-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Originating Judge:James O. Bond |
Wilson County | Court of Criminal Appeals | 06/30/00 | |
Terry vs. Terry
M1999-01630-COA-R3-CV
Authoring Judge: Presiding Judge Patricia J. Cottrell
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 06/29/00 | |
Newton, et al vs. Ceasar, et al
M2000-01117-COA-R10-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Jim T. Hamilton |
Lawrence County | Court of Appeals | 06/29/00 | |
Ceramic Tile Distributors vs. Western Express
M1999-02039-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Walter C. Kurtz |
Davidson County | Court of Appeals | 06/29/00 | |
Barge vs. Sadler
M1999-01923-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:Allen W. Wallace |
Humphreys County | Court of Appeals | 06/29/00 | |
Jones vs. H.G. Hill Realty Co.
M1999-00633-COA-R3-CV
Authoring Judge: Judge William B. Cain
Originating Judge:Russell Heldman |
Williamson County | Court of Appeals | 06/29/00 | |
Washington vs. The 822 Corporation, et al
M1999-01318-COA-R3-CV
Authoring Judge: Judge W. Frank Crawford
Originating Judge:Carol L. Soloman |
Davidson County | Court of Appeals | 06/29/00 | |
Whiteaker vs. City of Cookeville
M1999-00732-COA-R3-CV
Authoring Judge: Judge Ben H. Cantrell
Originating Judge:John A. Turnbull |
Putnam County | Court of Appeals | 06/29/00 | |
William Garrett v. Board of Paroles
M2000-00219-COA-R3-CV
This appeal involves a dispute between a prisoner and the Tennessee Board of Paroles regarding the Board's decision to schedule his next consideration for parole in September 2003. Believing that his current sentence will expire in May 2002, the prisoner filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County asserting that the Board had acted illegally by deferring its next consideration of his parole until after the expiration of his sentence. He also asserted that the Board had misunderstood the evidence presented at his 1998 parole hearing and that the Board improperly denied him parole because of the seriousness of his offense. After the trial court dismissed his petition, Mr. Garrett appealed to this court. We have determined that the prisoner sued the wrong party with regard to the sentence expiration date claim and that his remaining claims do not entitle him to the relief available in a certiorari proceeding. Accordingly, we affirm the trial court's dismissal of the prisoner's petition.
Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Ellen Hobbs Lyle |
Davidson County | Court of Appeals | 06/29/00 |