State of Tennessee vs. James Richard Watson
03C01-9809-CR-00325
The defendant, James Richard Watson, appeals from his sentence imposed for aggravated assault, a Class C felony, in the McMinn County Criminal Court. See Tenn. Code Ann. § 39-13-102(a)(1)(B) (1997). The trial court imposed a five year sentence in the Tennessee Department of Correction. In this direct appeal, the defendant challenges the length of the sentence imposed and the manner of service. After a review of the record, the briefs of the parties, and the applicable law, we affirm the sentence.
Authoring Judge: Judge James Curwood Witt, Jr.
Originating Judge:Judge R. Steven Bebb |
McMinn County | Court of Criminal Appeals | 07/09/99 | |
State of Tennessee v. Louis Lavergne
01C01-9803-CR-00128
The appellant, Louis Lavergne, pled guilty to the offense of voluntary manslaughter in the Davidson County Criminal Court.1 Pursuant to the plea agreement, both the length of the sentence and the manner of service were submitted to the trial court for determination. The trial court subsequently imposed a four year sentence to be served in the Department of Correction. In this appeal, the appellant challenges both the length of the sentence and the trial court’s denial of a sentencing alternative to total confinement. After a review of the record, the appellant’s four year sentence is affirmed, however, the manner of service is modified to reflect a split confinement sentence of six months confinement in the local jail or workhouse with the remainder of the four year sentence to be served on supervised probation.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 07/08/99 | |
Jerry Nelms as next of kin and Executor of the Estate of Inez Nelms v. Walgreen Company
02A01-9805-CV-00137
Plaintiff Jerry Nelms, as next of kin and executor of the estate of his deceased wife,
Authoring Judge: Judge David R. Farmer
Originating Judge:Judge John R. McCarroll, Jr. |
Shelby County | Court of Appeals | 07/07/99 | |
State of Tennessee vs. Lamar Fletcher
02C01-9902-CC-00046
This matter is before the Court upon motion of the state to affirm the judgment of the trial court by order rather than formal opinion. See Rule 20, Rules of the Court of Criminal Appeals. This case represents an appeal from the trial court’s dismissal of the petitioner’s petition for writ of habeas corpus. The petitioner is currently serving a life sentence, having been found to be an habitual criminal in 1985. In his present petition, the petitioner claims that his conviction is void because his trial attorney worked as a Public Defender and Assistant District Attorney at the same time.
Authoring Judge: Judge Joe G. Riley
|
Lauderdale County | Court of Criminal Appeals | 07/07/99 | |
State of Tennessee vs. Charles R. Smith
02C01-9810-CC-00308
A Hardeman County jury convicted defendant of aggravated burglary, a Class C felony, and theft of property valued at $500, a Class A misdemeanor. The sole issue in this appeal as of right is sufficiency of the evidence. We find the evidence sufficient to support the convictions and AFFIRM the judgment of the trial court.
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge Jon Kerry Blackwood |
Hardeman County | Court of Criminal Appeals | 07/07/99 | |
State of Tennessee vs. Terry Wayne Hayman
02C01-9811-CC-00354
Defendant, Terry Wayne Haymon, appeals as of right his convictions by a Dyer County jury on three counts of aggravated robbery. Honorable J. Steven Stafford sentenced the defendant to concurrent terms of thirty years as a career offender. The following issues are presented for our review: 1. whether the evidence is sufficient to support the convictions;
Authoring Judge: Judge Joe G. Riley
Originating Judge:Judge J. Steven Stafford |
Dyer County | Court of Criminal Appeals | 07/07/99 | |
William K. Buchanan Jr., v. Kathy Young and Donnie Young - Concurring
03A01-9811-CV-00387
The plaintiff, a resident of Hawaii, contracted to buy D & K Auto Salvage from the defendants in August 1994, for $450, 000.00. He employed Tom Gargone to manage the business.
Authoring Judge: Judge William H. Inman
Originating Judge:Judge J. Curtis Smith |
Rhea County | Court of Appeals | 07/07/99 | |
State of Tennessee v. James R. Lemacks
01S01-9803-CC-00049
We granted this appeal by the State of Tennessee to address the issue of jury unanimity in cases where the State relies on alternative theories of guilt to convict an accused under a single count indictment. In this case, the appellee, James Lemacks, was charged with driving under the influence of an intoxicant (DUI). The trial court instructed the jury that it could convict the appellee of DUI based upon evidence that he operated his automobile while intoxicated or that he was criminally responsible for allowing his friend, Clinton Sanchez, to drive the automobile while intoxicated. The jury returned a general verdict convicting the appellee of DUI.
Authoring Judge: Justice William M. Barker
Originating Judge:Judge Robert E. Burch |
Humphreys County | Supreme Court | 07/06/99 | |
State of Tennessee v. Donald Ray Middlebrooks
01S01-9802-CR-00017
This case is before us for automatic review of the Court of Criminal Appeals’
Authoring Judge: Chief Justice E. Riley Anderson
Originating Judge:Judge Ann Lacy Johns |
Supreme Court | 07/06/99 | ||
State of Tennessee v. James R. Lemacks - Dissenting
01S01-9803-CR-00049
Because the opinion filed by the Court of Criminal Appeals states the view I take, I respectfully dissent from the view held by the majority of my colleagues and would adopt the opinion of the Court of Criminal Appeals.
Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge Robert E. Burch |
Humphreys County | Supreme Court | 07/06/99 | |
State of Tennessee vs. Michael D. Hawkins
03C01-9808-CC-00309
The appellant, Michael D. Hawkins, appeals as of right from the trial court’s revocation of his suspended sentence. Following a hearing, the trial court found that the appellant had violated conditions of his probation and ordered execution of the entire sentence as originally entered. On appeal, the appellant contends that the trial court should have granted intensive probation or an alternative sentence, specifically Community Corrections.
Authoring Judge: Judge David G. Hayes
Originating Judge:Judge D. Kelly Thomas, Jr. |
Blount County | Court of Criminal Appeals | 07/06/99 | |
State of Tennessee v. Jerry Wayne Edison
03S01-9803-CC-00022
We granted this Tenn. R. App. P. 11 appeal to determine the appropriate standard of review of a trial court’s decision to admit a breath-alcohol test result under State v. Sensing, 843
Authoring Judge: Justice Adolpho A. Birch
Originating Judge:Judge Ben W. Hooper, II |
Jefferson County | Supreme Court | 07/06/99 | |
Carl Hanks v. State of Tennessee
02A01-9810-BC-00295
This appeal is brought from the Claims Commission’s order dismissing the 2 appellant’s petition. Petitioner, a Tennessee Department of Correction inmate, was attacked by another inmate and sustained injuries as a result. Petitioner alleged in his complaint that the State of Tennessee was negligent in not providing adequate security. For the following reasons we affirm the Claims Commission’s order granting the State’s motion for summary judgment
Authoring Judge: Presiding Judge W. Frank Crawford
Originating Judge:Commissioner Martha Brasfield |
Jackson County | Court of Appeals | 07/02/99 | |
Carolyn Whitemore v. Diane Jones
02A01-9901-CV-00002
Defendant Diane Jones (“Jones” or “Appellant”) appeals the judgment of the trial court awarding Plaintiff Carolyn Whitemore (“Whitemore” or “Appellee”) the sum of $1,250.00 as reimbursement for money given to Jones by Whitemore for investment in an illegal “pyramid scheme.”
Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Jon Kerry Blackwood |
Hardeman County | Court of Appeals | 07/02/99 | |
Jennitia Jane Blanton Isbell v. Larry Euniel Isbell
02A01-9708-CH-00188
This is a divorce case. In dividing marital property, the trial court awarded the wife 50.5% of the marital property and awarded the husband 49.5%. The trial court did not award the wife alimony or attorney’s fees. The wife now appeals the division of marital property, and the failure to award alimony and attorneys’ fees. We affirm.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Joe C. Morris |
Madison County | Court of Appeals | 07/02/99 | |
Linda McDade and Gary Grooms, v. R. Henry Ivey
02A01-9805-CV-00124
This is a breach of contract case. The plaintiffs and the defendant orally agreed to each submit applications to the Federal Communications Commission (“FCC”) to obtain a license to construct and maintain cellular phone operations. The parties agreed to share the profits if any one of them was awarded a license. The defendant was awarded a license, and the plaintiffs sued to enforce the agreement. The trial court granted summary judgment to the defendant finding the contract was illegal under FCC rules and therefore unenforceable. The plaintiffs appeal. We affirm.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Judge Lee Moore |
Obion County | Court of Appeals | 07/02/99 | |
Carl Milliken v. Steven Feldt, Lori Feldt, and Robert Gaskin, Individually
01A01-9806-CV-00271
This case involves an appeal from the SumnerCounty Circuit Court’s de novo review of a case from General Sessions Court, in which only one of the General Sessions Defendants perfected an appeal to circuit court.
Authoring Judge: Judge William B. Cain
Originating Judge:Judge Thomas Goodall |
Sumner County | Court of Appeals | 07/01/99 | |
Cheryl Lynn (Douglas) Humphrey v. David Arnold Humphrey
01A01-9802-CV-00109
Appellant David A. Humphrey commenced this pro se appeal to challenge the trial court's Final Decree granting a divorce to Appellee Cheryl Lynn (Douglas) Humphrey on the ground of inappropriate marital conduct. He asserts that the divorce should have been granted to him or the court should have simply declared the parties divorced. He also challenges the trial court’s child custody and visitation order, asking that in person visitation be required. Finally, he objects to the assessment of costs against him.
Authoring Judge: Judge Thomas Goodall
Originating Judge:Judge Patricia J. Cottrell |
Sumner County | Court of Appeals | 07/01/99 | |
HBO Direct, Inc., v. Ruth E. Johnson, Commissioner of Revenue, State of Tennessee
01A01-9804-CH-00221
This case involves a contest of Tennessee sales and use tax assessed by the defendant Tennessee Commissioner of Revenue. The plaintiff satellite programming television company argues that its services are not taxable telecommunications because, as “broadcast[s] . . . for public consumption,” the satellite television services are excluded from the definition of taxable telecommunications. The trial court granted summary judgment in favor of the plaintiff satellite programming television company. The defendant Commissioner appeals. We affirm.
Authoring Judge: Judge Holly Kirby Lillard
Originating Judge:Chancellor Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/01/99 | |
State of Tennessee v. Richard Allen
01C01-9712-CR-00593
Defendant, Richard Allen, was indicted for the first degree murders of David Lee Day and James Kevin Huckaby. A Davidson County jury convicted the defendant of the lesser offense of second degree murder of David Lee Day and acquitted him of the Huckaby homicide. The trial court sentenced him as a Range I standard offender to twenty-five years incarceration. In this appeal as of right, defendant contends that his conviction must be reversed because of insufficient evidence to corroborate the testimony of an accomplice. The state prosecuted this accomplice for first degree murder, sought the death penalty, and allowed him to plead guilty to second degree murder during the accomplice's trial. The state has now changed its position and argues that he was not an accomplice. This is, however, impermissible. Since this felon-accomplice provided the only testimony linking the defendant to the crime, the long-standing, firmly established law in this state requires us to REVERSE the conviction.
Authoring Judge: Judge Joseph G. Riley
Originating Judge:Judge J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 07/01/99 | |
Willie Vann vs. Calvin Howell
02A01-9809-CV-00246
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 06/30/99 | |
State vs. Allen R. Jordan
01C01-9807-CC-00315
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 06/30/99 | |
State vs. Daniel M. Tidwell
01C01-9807-CC-00288
Originating Judge:Donald P. Harris |
Williamson County | Court of Criminal Appeals | 06/30/99 | |
Claude Garrett vs. State
01C01-9807-CR-00294
|
Davidson County | Court of Criminal Appeals | 06/30/99 | |
State vs. Calvin Havner
01C01-9806-CC-00275
Originating Judge:Thomas W. Graham |
Marion County | Court of Criminal Appeals | 06/30/99 |