Appellate Court Opinions

Ashley Mai Cook v. State of Tennessee

Vickie.Smith@tncourts.gov — Thu, 23 May 2013 19:40:02 +0000

Case Number: M2012-01876-CCA-R3-PC

Authoring Judge: Judge Roger A. Page

Originating Judge: Judge Robert Crigler

Date Filed: Thursday, May 23, 2013

Petitioner, Ashley Mai Cook, was convicted of first degree murder and conspiracy to commit first degree murder, for which she received consecutive sentences of life in prison and twenty years, respectively. In this petition for post-conviction relief, petitioner alleges that trial counsel rendered ineffective assistance by failing to properly advise her with regard to whether to testify at trial. Discerning no error, we affirm the judgment of the post-conviction court.

State of Tennessee v. Steven O. Hughes-Mabry

Joanne.Newsome@tncourts.gov — Thu, 23 May 2013 18:50:02 +0000

Case Number: E2011-02255-CCA-R3-CD

Authoring Judge: Judge D. Kelly Thomas, Jr.

Originating Judge: Judge R. Jerry Beck

Date Filed: Thursday, May 23, 2013

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The Defendant, Steven O. Hughes-Mabry, was convicted by a Sullivan County jury of possession of .5 grams or more of cocaine with intent to sell or deliver within 1000 feet of a school zone, introduction of contraband into a penal institution, and driving on a suspended license. He was sentenced to concurrent terms of fifteen years, three years, and six months, respectively. In this direct appeal, the Defendant challenges (1) the denial of his motion to suppress, arguing that the officers lacked reasonable suspicion for an investigatory stop; (2) the sufficiency of the evidence establishing that the possession offense occurred within 1000 feet of a school zone; and (3) the trial court’s refusal to impose sanctions against the State for failing to preserve the identity of a witness. After a thorough review of the record and the applicable authorities, we affirm the judgments of the trial court.

State of Tennessee v. Willie Earl Brown, Jr.

Vickie.Smith@tncourts.gov — Thu, 23 May 2013 19:42:17 +0000

Case Number: M2012-01286-CCA-R3-CD

Authoring Judge: Judge Roger A. Page

Originating Judge: Judge Steve R. Dozier

Date Filed: Thursday, May 23, 2013

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This appeal arises from the second jury trial in this matter. At his first trial, a Davidson County jury convicted appellant, Willie Earl Brown, Jr., of eleven counts of rape of a child, and he received a sentence of seventy-four years in the Tennessee Department of Correction. On appeal, this court reversed his convictions based on the improper admission of evidence relating to uncharged sexual conduct and remanded for a new trial. See State v. Willie Earl Brown, Jr., No. M2009-00505-CCA-R3-CD, 2010 WL 4396490, at *1 (Tenn. Crim. App. Nov. 15, 2010). Following the remand, the parties amended the indictment to charge eight counts of rape of a child. At his second trial, the jury convicted him as charged, and the trial court sentenced him to an effective sentence of eighty years in the Tennessee Department of Correction. In this appeal, appellant argues that (1) the State’s election of offenses failed to distinguish count seven from counts one and four; (2) the trial court erred by admitting the victim’s forensic interview; (3) the trial court erred by imposing a harsher sentence after appellant’s second trial; and (4) the trial court erred by imposing partial consecutive sentences. Following a thorough review of the record, we affirm the trial court’s judgments.

Martis J. Kelley and Joseph Kelley, Sr. v. Chattanooga-Hamilton County Hospital Authority, individually and d/b/a Erlanger Health System

Francesca.Kraft@tncourts.gov — Thu, 23 May 2013 18:51:09 +0000

Case Number: E2011-02665-COA-R3-CV

Authoring Judge: Presiding Judge Charles D. Susano, Jr.

Originating Judge: Judge W. Neil Thomas, III

Date Filed: Thursday, May 23, 2013

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This is a medical malpractice action filed pursuant to the Tennessee 1 Medical Malpractice Act (“the TMMA.”) The plaintiffs are wife and husband. The sole defendant is a governmental entity subject to the Governmental Tort Liability Act (“the GTLA”). The defendant operates a hospital in Chattanooga. The complaint alleges that wife was a victim of medical malpractice at the hospital in February 2010. On February 2, 2011, the plaintiffs sent the notice required by Tenn. Code Ann. § 29-26-121(a) (2012), a part of the TMMA. On June 3, 2011, the plaintiffs filed suit against the Hospital Authority. The Authority filed a motion to dismiss pursuant to the provisions of Tenn. R. Civ. P. 12(6), arguing that the suit was not timely filed because it was not filed within the one-year statute of limitations, Tenn. Code Ann. § 29-20-305(b) (2012), set forth in the GTLA. The plaintiffs responded that the period of limitations was extended by 120 days by Tenn. Code Ann. § 29-26-121(c) because the plaintiffs had complied with the pre-suit notice requirements of Tenn. Code Ann. § 29- 26-121(a). The trial court dismissed the complaint as untimely filed. The plaintiffs appeal. We affirm.

State of Tennessee v. Ernest Dodd

Vickie.Smith@tncourts.gov — Thu, 23 May 2013 19:37:50 +0000

Case Number: M2011-02259-CCA-R3-CD

Authoring Judge: Judge Jerry L. Smith

Originating Judge: Judge Larry B. Stanley

Date Filed: Thursday, May 23, 2013

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Appellant, Ernest Dodd, was indicted by the Warren County Grand Jury in 2010 along with three other defendants for initiating a process intended to result in the manufacture of methamphetamine and promoting the manufacture of methamphetamine. Appellant was convicted by a jury of initiating a process to manufacture methamphetamine and attempt to promote the manufacture of methamphetamine. As a result, Appellant was sentenced to an effective sentence of nineteen years at thirty-five percent. After the denial of a motion for new trial, Appellant filed a timely notice of appeal. On appeal, he presents the following issues: (1) whether the trial court improperly denied Appellant’s motion in limine to exclude photographs of precursors to manufacturing methamphetamine; (2) whether the evidence was sufficient to support the convictions; (3) whether the trial court imposed an excessive sentence; and (4) whether the convictions should be reversed for cumulative error. After a review of the record, we determine: (1) that the trial court properly admitted photographs of the precursors to manufacturing methamphetamine where the actual evidence was destroyed as hazardous material; (2) the evidence was sufficient to support the convictions; and (3) the trial court properly sentenced Appellant. Consequently, the judgments of the trial court are affirmed.

Omar Theron Davis v. State of Tennessee

Vickie.Smith@tncourts.gov — Wed, 22 May 2013 18:28:11 +0000

Case Number: M2012-01061-CCA-R3-PC

Authoring Judge: Judge James Curwood Witt, Jr.

Originating Judge: Judge John H. Gasaway

Date Filed: Wednesday, May 22, 2013

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The petitioner, Omar Theron Davis, appeals the denial of his petition for post-conviction relief from his 2006 Montgomery County Circuit Court convictions of aggravated rape, aggravated burglary, aggravated robbery, especially aggravated kidnapping, and theft of property valued over $500, claiming that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm the order of the Circuit Court.

State of Tennessee v. Kimar Rashad Peebles

Vickie.Smith@tncourts.gov — Wed, 22 May 2013 13:40:08 +0000

Case Number: M2012-00942-CCA-R3-CD

Authoring Judge: Judge Robert W. Wedemeyer

Originating Judge: Judge Cheryl Blackburn

Date Filed: Wednesday, May 22, 2013

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A Davidson County jury convicted the Defendant, Kimar Rashad Peebles, of aggravated robbery, and the trial court sentenced him to ten years in the Tennessee Department of Correction. On appeal, the Defendant contends: (1) the evidence is insufficient to sustain his conviction; and (2) the trial court erred when sentencing him. After a thorough review of the record and applicable authorities, we affirm the trial court’s judgment.

State of Tennessee v. Daniel David Colby

Vickie.Smith@tncourts.gov — Wed, 22 May 2013 18:30:01 +0000

Case Number: M2012-00261-CCA-R3-CD

Authoring Judge: Judge Thomas T. Woodall

Originating Judge: Judge Robert E. Burch

Date Filed: Wednesday, May 22, 2013

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Defendant, Daniel David Colby, was charged in a presentment returned by the Dickson County Grand Jury with two counts of rape of a child, a Class A felony. He subsequently was allowed to plead guilty to two counts of aggravated sexual battery, a Class B felony, in lieu of the greater offense of rape of a child. Defendant submitted to the trial court’s determination the length and manner of service of the sentences following a hearing. The trial court imposed the minimum sentence of eight (8) years for each conviction and ordered the sentences to be served consecutively. In Defendant’s only issue on appeal, he argues that the trial court erred by imposing consecutive sentencing. After a thorough review, we affirm the sentences and the imposition of consecutive sentencing, but remand to the trial court for entry of appropriate amended judgments which set forth all pretrial jail credits to which Defendant may be entitled, and for correction to show the convictions are in Dickson County rather than Anderson County.

State of Tennessee v. Toni S. Davis

Joanne.Newsome@tncourts.gov — Wed, 22 May 2013 14:59:10 +0000

Case Number: E2012-00495-CCA-R3-CD

Authoring Judge: Special Judge Christopher Craft

Originating Judge: Judge Robert H. Montgomery

Date Filed: Wednesday, May 22, 2013

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The appellant, Toni S. Davis, entered a plea of guilty to six counts of the sale and delivery of Suboxone, a Schedule III controlled substance used for treatment of opioid addiction. The trial court denied her request for judicial diversion, instead imposing concurrent two-year suspended sentences. The appellant challenges the denial of judicial diversion and also the imposition of a special condition of her probation that she must petition the trial court if she wishes to remain in her Suboxone treatment program for opiate addiction past six months. Following our review of the record, we affirm the judgment of the trial court.

Leonard Embody v. Robert E. Cooper, Jr.

christy.peoples@tncourts.gov — Thu, 23 May 2013 21:06:27 +0000

Case Number: M2012-01830-COA-R3-CV

Authoring Judge: Judge D. Michael Swiney

Originating Judge: Chancellor Russell T. Perkins

Date Filed: Wednesday, May 22, 2013

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This appeal arises from a challenge to the constitutionality of Tenn. Code Ann. § 39-17-1307 (a)(1), a law restricting the carrying of firearms in Tennessee. Leonard Embody (“Embody”) challenged the validity of Tenn. Code Ann. § 39-17-1307 (a)(1) in a case filed against Attorney General and Reporter Robert E. Cooper, Jr. (“Respondent”) in the Chancery Court for Davidson County (“the Trial Court”) on grounds that the law violates the Second Amendment to the United States Constitution and Tenn. Const. Art. I, § 26. The Trial Court upheld the law as constitutional. Embody filed an appeal to this Court. We hold that Tenn. Code Ann. § 39-17-1307 (a)(1) is a valid regulation of the carrying of firearms that does not contravene either the Second Amendment or Tenn. Const. Art. I, § 26. We affirm the judgment of the Trial Court.

In Re: Taylor H., et al

Francesca.Kraft@tncourts.gov — Wed, 22 May 2013 18:41:18 +0000

Case Number: E2012-01818-COA-R3-PT

Authoring Judge: Judge Thomas R. Frierson, II

Originating Judge: Judge Rex A. Dale

Date Filed: Wednesday, May 22, 2013

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This is a termination of parental rights case focusing on the four minor children (“the Children”) of mother, Kelly H. (“Mother”) and father, Bernard H. (“Father”). A termination petition was filed by the Tennessee Department of Children’s Services (“DCS”) after the third custody episode involving these parents. The petition alleges the sole statutory ground of severe child abuse. Following a bench trial, the trial court granted the petition upon its finding, by clear and convincing evidence, that Mother and Father had committed severe child abuse pursuant to Tennessee Code Annotated § 36-1-113(g)(4) and § 37-1-102. The court further found, by clear and convincing evidence, that termination of parental rights was in the Children’s best interest. Father has appealed. We affirm.

State of Tennessee v. Scotty Wayne Poarch

Vickie.Smith@tncourts.gov — Wed, 22 May 2013 18:18:40 +0000

Case Number: M2012-01979-CCA-R3-CD

Authoring Judge: Judge D. Kelly Thomas, Jr.

Originating Judge: Judge Robert Crigler

Date Filed: Wednesday, May 22, 2013

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The Defendant, Scotty Wayne Poarch, challenges (1) the length of his sentence imposed by the trial court as a result of his guilty pleas and (2) the trial court’s denial of alternative sentencing. After a review of the record and the applicable authorities, we discern no error in the trial court’s determinations and affirm the judgments of the trial court.

In Re: Estate of John Leonard Burke

christy.peoples@tncourts.gov — Wed, 22 May 2013 19:44:50 +0000

Case Number: M2012-01735-COA-R3-CV

Authoring Judge: Judge D. Michael Swiney

Originating Judge: Chancellor Timothy L. Easter

Date Filed: Tuesday, May 21, 2013

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Robert LaFever appeals the Trial Court’s order of July 12, 2012 dismissing his notice of will contest after finding and holding, inter alia, that the Last Will and Testament of John Leonard Burke had been admitted to probate in solemn form and could not be challenged in a later will contest. We affirm the Trial Court’s July 12, 2012 order.

State of Tennessee v. Jerrico D. Graves

Vickie.Smith@tncourts.gov — Tue, 21 May 2013 13:55:32 +0000

Case Number: M2012-01026-CCA-R3-CD

Authoring Judge: Special Judge Christopher Craft

Originating Judge: Judge John H. Gasaway, III

Date Filed: Tuesday, May 21, 2013

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The Appellant, Jerrico D. Graves, appeals as of right from the trial court’s revocation of his probation for Aggravated Assault. Although admitting to the violation, the appellant argues that ordering the original sentence of six years to be served in the Department of Correction was not ‘the right thing to do” because of his mental health issues. Following our review, we affirm the trial court’s revocation of probation and the appellant's sentence to the Department of Correction.

State of Tennessee v. William Henry Smith, Jr.

Vickie.Smith@tncourts.gov — Tue, 21 May 2013 13:49:30 +0000

Case Number: M2012-00784-CCA-R3-CD

Authoring Judge: Special Judge Christopher Craft

Originating Judge: Judge F. Lee Russell

Date Filed: Tuesday, May 21, 2013

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The appellant, William, Henry Smith, Jr., appeals his Bedford County jury conviction for Driving while Motor Vehicle Habitual Offender, arguing that the evidence was insufficient to support his conviction. He also states that his six year sentence in the Department of Correction was excessive. Finding the evidence sufficient and the sentence proper, we affirm the judgments of the trial court.

James G. Coons, II v. State of Tennessee

Vickie.Smith@tncourts.gov — Tue, 21 May 2013 13:51:57 +0000

Case Number: M2012-00529-CCA-R3-PC

Authoring Judge: Special Judge Christopher Craft

Originating Judge: Judge Cheryl A. Blackburn

Date Filed: Tuesday, May 21, 2013

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James G. Coons, II ("the petitioner") filed for post-conviction relief from his open plea of guilty to the lesser included offense of Second Degree Murder and received a maximum Range II sentence of 40 years in the Department of Correction. Specifically, he asserts that counsel did not investigate or prepare for trial properly or advise him properly as to the possibilities of sentencing. The petition was denied and this appeal followed. Upon a thorough review of the record, we affirm the judgment of the post-conviction court

State of Tennessee v. Gerald Branden Fitzpatrick

Vickie.Smith@tncourts.gov — Mon, 20 May 2013 18:20:58 +0000

Case Number: M2012-00186-CCA-R3-CD

Authoring Judge: Judge Norma McGee Ogle

Originating Judge: Judge Monte Watkins

Date Filed: Monday, May 20, 2013

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The Petitioner, Gerald Branden Fitzpatrick, was convicted in the Davidson County Criminal Court of aggravated sexual battery, a Class B felony. After a sentencing hearing, the trial court sentenced him to eleven years in confinement to be served at 100%. On appeal, the appellant contends that (1) the evidence is insufficient to support the conviction; (2) the trial court erred by failing to grant his motion for judgment of acquittal when the minor victim placed the date of the crime outside the dates alleged in the indictment; (3) the trial court erred by allowing the victim to testify through anatomical drawings rather than verbal testimony, which permitted the State to lead the victim; and (4) the trial court erred by allowing two State witnesses to give hearsay testimony. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court.

Kenneth Miller v. State of Tennessee

Vickie.Smith@tncourts.gov — Mon, 20 May 2013 14:06:49 +0000

Case Number: M2012-01781-CCA-R3-PC

Authoring Judge: Judge James Curwood Witt, Jr.

Originating Judge: Judge Cheryl Blackburn

Date Filed: Monday, May 20, 2013

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The petitioner, Kenneth Miller, appeals the denial of his petition for post-conviction relief from his Davidson County Criminal Court jury convictions of conspiracy to deliver 300 grams or more of cocaine, delivery of 300 grams or more of cocaine, and possession with intent to deliver 300 grams or more of cocaine. In this appeal, he contends that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm the judgment of the post-conviction court.

State of Tennessee v. Gabriella M. Dorado

Joanne.Newsome@tncourts.gov — Fri, 17 May 2013 14:52:50 +0000

Case Number: E2012-00308-CCA-R3-CD

Authoring Judge: Judge Robert W. Wedemeyer

Originating Judge: Judge Jon Kerry Blackwood

Date Filed: Friday, May 17, 2013

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The Defendant, Gabriella M. Dorado, pled guilty to attempted possession with intent to sell a Schedule I controlled substance, simple possession of a Schedule VI controlled substance, and possession of drug paraphernalia. Pursuant to the plea agreement, the trial court sentenced the Defendant to an effective six-year sentence to be served on supervised probation. Thereafter, the Defendant filed a motion to withdraw her guilty plea, claiming that she received the ineffective assistance of counsel, which constituted a “manifest injustice.” After a hearing, the trial court denied her motion. The Defendant appeals the trial court’s denial, claiming the trial court erred when it found that she had not proved that Counsel’s representation prejudiced her. After a thorough review of the applicable law and the record, we affirm the trial court’s judgment.

State of Tennessee v. Tolbert Cates Kail

Mia.Myles@tncourts.gov — Mon, 20 May 2013 13:22:46 +0000

Case Number: W2011-01474-CCA-R3-CD

Authoring Judge: Judge Camille R. McMullen

Originating Judge: Judge Clayburn Peeples

Date Filed: Friday, May 17, 2013

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The Defendant-Appellant, Tolbert Cates Kail, was convicted by a Crockett County jury of two counts of especially aggravated sexual exploitation of a minor, a Class B felony, sexual exploitation of a minor with fifty images or less, a Class D felony, contributing to the delinquency of a minor, a Class A misdemeanor, and assault, a Class B misdemeanor. The trial court sentenced Kail as a Range I, standard offender to an effective sentence of twelve years at 100%. On appeal, Kail argues (1) the evidence was insufficient to support his convictions; and (2) the trial court erred in denying his motion to sever. Upon review, we affirm the judgments of the trial court.

Timothy Clinger v. State of Tennessee

Vickie.Smith@tncourts.gov — Fri, 17 May 2013 14:57:06 +0000

Case Number: M2012-02296-CCA-R3-HC

Authoring Judge: Judge Thomas T. Woodall

Originating Judge: Judge J. Randall Wyatt, Jr.

Date Filed: Friday, May 17, 2013

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Petitioner, Timothy Clinger, appeals from the trial court’s summary dismissal of his petition for habeas corpus relief. The State has filed a motion for this court to affirm pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Having reviewed the record, we affirm the trial court’s judgment.

Eugene Spivey v. State of Tennessee

Mia.Myles@tncourts.gov — Mon, 20 May 2013 13:26:45 +0000

Case Number: W2012-01417-CCA-R3-PC

Authoring Judge: Judge Camille R. McMullen

Originating Judge: Judge Clayburn Peeples

Date Filed: Friday, May 17, 2013

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The Petitioner, Eugene Spivey, appeals the Crockett County Circuit Court’s denial of post conviction relief from his conviction of second degree murder, a Class B felony. In this appeal, the Petitioner argues that he received ineffective assistance of counsel and that he entered an involuntary and unknowing guilty plea. In the alternative, he argues the State withheld exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 87, 83 S. Ct. 1194, 1196-97 (1963). Upon review, we affirm the judgment of the post-conviction court.

Ruby Blackmon v. Eaton Electrical, et al.

Nancy.Acred@tncourts.gov — Fri, 17 May 2013 17:38:56 +0000

Case Number: W2012-02039-COA-R3-CV

Authoring Judge: Presiding Judge Alan E. Highers

Originating Judge: Chancellor Arnold B. Goldin

Date Filed: Friday, May 17, 2013

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Appellant’s claim for unemployment benefits was denied based upon a finding of work-related misconduct. Appellant sought review in the chancery court, which upheld the decision of the Commissioner’s Designee. On appeal to this Court, Appellant claims that the chancery court erred in denying her request for a continuance and in affirming the decision of the Commissioner’s Designee without considering the evidence which purportedly would have been introduced had a continuance been allowed. We affirm the decision of the chancery court.

Willowmet Homeowners Association, Inc. v. City of Brentwood, Tennessee

christy.peoples@tncourts.gov — Fri, 17 May 2013 19:39:42 +0000

Case Number: M2012-01315-COA-R3-CV

Authoring Judge: Judge Frank G. Clement

Originating Judge: Judge Timothy L. Easter

Date Filed: Thursday, May 16, 2013

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The homeowners’ association of a residential subdivision in Brentwood,Tennessee seeks just compensation from the City of Brentwood for loss of property rights in a portion of the subdivision’s open space. The City acquired the property by purchasing it from the developers of the subdivision without the Association’s knowledge. The Declaration of Protection Covenants, Conditions, and Restrictions of the subdivision, which the developers drafted and of which the City was on notice, states that the developers “will deed the completed Open Space on the subject Properties to the Association free and clear of any encumbrances before the first Lot is conveyed to a Lot Owner.” Although they sold the first individual lot in 2001, the developers did not convey any of the open space to the homeowners’ association until after the sale to the City. This action by the homeowners’ association ensued. The trial court summarily dismissed the action on the City’s motion, finding the homeowners’ association did not own a compensable property right in the Open Space when it was sold to the City. We have determined the homeowner’s association had an equitable interest in the Open Space pursuant to the Declaration of Protective Covenants, Conditions, and Restrictions when it was sold to the City; therefore, we reverse and remand for further proceedings.

Anthony L. Washington v. Dwight Barbee

Mia.Myles@tncourts.gov — Fri, 17 May 2013 13:49:55 +0000

Case Number: W2012-01888-CCA-R3-HC

Authoring Judge: Judge John Everett Williams

Originating Judge: Judge Joseph Walker

Date Filed: Thursday, May 16, 2013

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Petitioner pro se appeals the Lauderdale County Circuit Court’s denial of his petition for habeas corpus. The petitioner contends that his conviction for first degree (felony) murder is void because of a defect in his indictment. This issue was previously adjudicated in one of the petitioner’s prior petitions for habeas corpus, and this court is bound by the result reached in the prior case. The judgment of the habeas corpus court is affirmed.

Tyrone Spates v. Tracy Howell and Robert Preston

Nancy.Acred@tncourts.gov — Thu, 16 May 2013 18:08:37 +0000

Case Number: W2012-02743-COA-R3-CV

Authoring Judge: Judge J. Steven Stafford

Originating Judge: Judge J. Weber McCraw

Date Filed: Thursday, May 16, 2013

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Appellant appeals the dismissal of his complaint against the prison’s medical staff for failure to properly diagnose and treat him. The trial court determined that Appellant prisoner’s claims were barred by the applicable statute of limitations, which was not tolled by operation of Tennessee Code Annotated Section 29-26-121. Appellant also appeals the trial court’s findings concerning his status as an indigent person. Discerning no reversible error, we affirm and remand.

Anthony Leroy Harris v. Henry Steward, Warden

Mia.Myles@tncourts.gov — Fri, 17 May 2013 13:38:20 +0000

Case Number: W2012-02461-CCA-R3-HC

Authoring Judge: Judge John Everett Williams

Originating Judge: Judge R. Lee Moore Jr.

Date Filed: Thursday, May 16, 2013

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The petitioner, Anthony Leroy Harris, appeals the summary denial of his petition for a writ of habeas corpus. The petitioner is currently serving an effective ninety-year sentence in the Department of Correction following convictions for aggravated kidnapping and armed robbery. In his petition, he alleges he is entitled to habeas corpus relief because his sentences are disproportionate to the severity of the offenses he committed. On appeal, he contends that the habeas corpus court erred in its denial because proportionality of a sentence has been recognized as a habeas corpus claim in the United State Court of Appeals for the Sixth Circuit. Following review of the record, we conclude no viable habeas corpus claim was presented and affirm the denial of the petition.

State of Tennessee v. Prince Adams

Lisa.Marsh@tncourts.gov — Thu, 16 May 2013 15:56:20 +0000

Case Number: W2009-01492-SC-R11-CD

Authoring Judge: Chief Justice Gary R. Wade

Originating Judge: Judge James M. Lammey, Jr.

Date Filed: Thursday, May 16, 2013

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The defendant was convicted of first degree premeditated murder and received a life sentence. In his appeal to the Court of Criminal Appeals, he alleged that the evidence was insufficient to support his conviction; that a discharged alternate juror improperly communicated with the jury foreman; and that the trial court erred by failing to exclude from the evidence certain photographs and recordings and by failing to provide a special jury instruction on diminished capacity. The Court of Criminal Appeals affirmed the conviction and sentence. This Court granted permission to appeal to address whether the communication by the alternate juror to the foreman entitled the defendant to a new trial. Because the State successfully rebutted the presumption of prejudice that accompanies an improper communication with a juror, we find no error and, therefore, affirm the judgment of the Court of Criminal Appeals.

Robert Trey Wood, III v. Jennifer Rose Wood

Nancy.Acred@tncourts.gov — Thu, 16 May 2013 18:14:15 +0000

Case Number: W2012-01250-COA-R3-CV

Authoring Judge: Judge J. Steven Stafford

Originating Judge: Judge W. Michael Maloan

Date Filed: Thursday, May 16, 2013

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Mother appeals the trial court’s order naming Father primary residential parent and setting child support. Discerning no error, we affirm and remand.

Terry Wayne Robinson v. State of Tennessee

Mia.Myles@tncourts.gov — Fri, 17 May 2013 13:42:01 +0000

Case Number: W2012-01014-CCA-R3-PC

Authoring Judge: Judge John Everett Williams

Originating Judge: Judge Donald H. Allen

Date Filed: Thursday, May 16, 2013

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The petitioner, Terry Wayne Robinson, appeals the denial of his petition for post-conviction relief. The petitioner was convicted of one count of theft of property over $10,000, a Class C felony, and sentenced as a multiple offender to ten years in the Department of Correction. On appeal, he contends that the post-conviction court erred in denying his petition because he was denied his right to the effective assistance of counsel. Specifically, he contends that trial counsel was ineffective by failing to interview witnesses and by failing to insist that the petitioner testify at trial. Following review of the record, we affirm the denial of the petition.

State of Tennessee v. Jackie Ray Elkins

Vickie.Smith@tncourts.gov — Thu, 16 May 2013 17:02:07 +0000

Case Number: M2012-00238-CCA-R3-CD

Authoring Judge: Judge Jerry L. Smith

Originating Judge: Judge Cheryl Blackburn

Date Filed: Thursday, May 16, 2013

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Appellant, Jackie Ray Elkins, was indicted by the Davidson County Grand Jury for one count of possession with intent to sell or deliver not less than one-half of an ounce but not more than ten pounds of marijuana in a drug-free zone. This charge was the result of a traffic stop in Shelby Bottoms in Nashville, Tennessee and the subsequent search of the vehicle in which Appellant was travelling. Appellant filed a motion to suppress the proceeds of the search. The trial court denied the motion. A jury convicted Appellant as charged. On appeal, Appellant argues that the trial court erred in denying his motion and asks this Court to review his complaint under the plain error rule. In addition, Appellant argues that the evidence was insufficient to support his conviction. After a thorough review of the record, we conclude that plain error review is not necessary to do substantial justice and that the evidence was sufficient to support the conviction. Therefore, we affirm the judgment of the trial court.

D'Army Bailey, et al. v. Shelby County, Tennessee, et al.

Nancy.Acred@tncourts.gov — Thu, 16 May 2013 18:20:42 +0000

Case Number: W2012-01498-COA-R3-CV

Authoring Judge: Judge David R. Farmer

Originating Judge: Senior Judge Donald P. Harris

Date Filed: Thursday, May 16, 2013

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Plaintiffs, former part-time Shelby County employees, claim they were wrongfully excluded from Shelby County’s retirement plan. The trial court dismissed all claims based on the six year limitations period applicable to contract actions. We affirm in part, reverse in part, vacate in part, and remand.

State of Tennessee v. Collier Smith

Mia.Myles@tncourts.gov — Fri, 17 May 2013 13:45:36 +0000

Case Number: W2012-01455-CCA-R3-CD

Authoring Judge: Judge Alan E. Glenn

Originating Judge: Special Judge L.T. Lafferty

Date Filed: Thursday, May 16, 2013

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The defendant, Collier Smith, pled guilty to statutory rape, a Class E felony, and was sentenced as a Range I, standard offender to one year, suspended to two years probation. On appeal, he argues that the trial court erred in denying his request for judicial diversion. Following our review, we affirm the judgment of the trial court.

John Williams v. State of Tennessee

Mia.Myles@tncourts.gov — Fri, 17 May 2013 14:00:26 +0000

Case Number: W2012-00746-CCA-R3-PC

Authoring Judge: Judge John Everett Williams

Originating Judge: Judge John Fowlkes

Date Filed: Thursday, May 16, 2013

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The petitioner, John Williams, appeals the denial of his petition for post-conviction relief. The petitioner is currently serving an effective sentence of 161 years following his convictions for five counts of especially aggravated kidnapping and three counts of aggravated robbery. In this appeal, he contends that his petition for relief was erroneously denied because his right to a public trial was violated and that trial counsel was ineffective in failing object to or raise that violation. Following review of the record, we affirm the denial of the post-conviction petition.

Minor Miracle Productions, LLC, An Idaho Limited Liability Company, and David L. Richards v. Randy Starkey

christy.peoples@tncourts.gov — Thu, 16 May 2013 20:31:21 +0000

Case Number: M2012-01145-COA-R3-CV

Authoring Judge: Judge Holly M. Kirby

Originating Judge: Judge George C. Sexton

Date Filed: Wednesday, May 15, 2013

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This is the second appeal in this case. In the first appeal, this Court affirmed the trial court’s enrollment of a foreign judgment acquired by the petitioners against the respondent in Idaho, and the case was remanded for enforcement proceedings. On remand the respondent refused to comply with the Idaho judgment, so the petitioners filed a motion for contempt and for an order to compel compliance with the judgment. The respondent did not attend the hearing. The trial court found the respondent to be in contempt of court for refusing to comply with the Idaho judgment. The respondent now appeals. We dismiss the appeal, because the issues raised on appeal were not first raised in the trial court, and the respondent did not comply with either Rule 24(c) or Rule 27 of the Tennessee Rules of Appellate Procedure.

James E. Williams v. State of Tennessee

Vickie.Smith@tncourts.gov — Wed, 15 May 2013 13:50:44 +0000

Case Number: M2012-02151-CCA-R3-PC

Authoring Judge: Judge Robert W. Wedemeyer

Originating Judge: Judge Vanessa A. Jackson

Date Filed: Wednesday, May 15, 2013

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In 1987, the Petitioner, James E. Williams, was convicted of armed robbery, assault with intent to commit first degree murder, and aggravated kidnapping. The trial court sentenced him to an effective sentence of life plus seventy-five years. This Court affirmed the Petitioner’s convictions and sentence on appeal. State v. James E. Williams, No. 88-172-III, 1988 WL 138843, at *1 (Tenn. Crim. App., at Nashville, Dec. 30, 1988), perm. app. denied (Tenn. Apr. 3, 1989). During the next sixteen years, the Petitioner filed two petitions for post-conviction relief and a petition for a writ of error coram nobis, all of which were denied by the post-conviction court. The Petitioner appealed each denial separately, and this Court affirmed the trial court each time. In 2012, the Petitioner filed a second petition for a writ of error coram nobis in which he presented multiple allegations. The coram nobis court summarily dismissed the petition. On appeal, the Petitioner alleges that the coram nobis court erred when it dismissed his petition without a hearing, contending that he presented in his petition newly discovered evidence. After a thorough review of the record and applicable authorities, we affirm the coram nobis court’s judgment.

James William Taylor, a/k/a Lutfi Shafq Talal v. State of Tennessee

Vickie.Smith@tncourts.gov — Wed, 15 May 2013 13:55:47 +0000

Case Number: M2012-01549-CCA-R3-PC

Authoring Judge: Judge Camille R. McMullen

Originating Judge: Judge Robbie T. Beal

Date Filed: Wednesday, May 15, 2013

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The Appellant, James William Taylor, appeals the Williamson County Circuit Court’s denial of his Tennessee Rule of Criminal Procedure 36 motion for correction of clerical errors on the face of his first degree murder judgment. On appeal, the Appellant argues that the trial court erred in denying his Rule 36 motion. Upon review, we reverse the Appellant’s first degree murder judgment in case number 188-108 and remand the case to the Williamson County Circuit Court for entry of a corrected judgment showing that the Appellant was convicted of first degree murder and his conviction offense was a Class X felony pursuant to Tennessee Code Annotated section 39-2-202 (Supp. 1987), that he was sentenced to a life sentence with release eligibility on that life sentence after service of thirty years pursuant to Tennessee Code Annotated section 40-35-501(f) (Supp. 1987), and that the trial court imposed consecutive sentencing for the first degree murder, burglary, and robbery convictions.

Kim Brown v. Autozone, Inc., et al.

Nancy.Acred@tncourts.gov — Wed, 15 May 2013 16:25:32 +0000

Case Number: W2012-01255-COA-R3-CV

Authoring Judge: Judge David R. Farmer

Originating Judge: Judge Robert L. Childers

Date Filed: Wednesday, May 15, 2013

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The trial court entered summary judgment in favor of Defendants in this action asserting claims for fraudulent misrepresentation; civil conspiracy; negligence, breach of contract; and violation of the Consumer Protection Act. Plaintiff appeals; we affirm.

Federal National Mortgage Association v. TN Metro Holdings XII LLC et al

christy.peoples@tncourts.gov — Wed, 15 May 2013 21:04:03 +0000

Case Number: M2012-01803-COA-R3-CV

Authoring Judge: Judge Thomas R. Frierson, II

Originating Judge: Chancellor Tom E. Gray

Date Filed: Tuesday, May 14, 2013

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Federal National Mortgage Association (“FNMA”) initially brought this action for foreclosure and damages against a borrower,TN Metro Holdings XII LLC (“TN Metro XII”) alleging default by failure to make scheduled principal and interest payments, by improperly allowing liens against the mortgaged property in violation of the loan agreements and by misapplication of rents collected from leasing the mortgaged property. FNMA subsequently filed an amended complaint seeking relief in the nature of personal liability against Defendant Selim Zherka under the loan. The trial court granted FNMA summary judgment and held both the borrower and “Key Principal” liable for the deficiency following a foreclosure sale and for damages. We vacate the summary judgment, holding that (1) FNMA failed to provide written notice and a thirty-day period to cure the alleged defaults as required by the parties’ agreement; and (2) there are genuine issues of material fact making summary judgment improper regarding FNMA’s claim for damages resulting from the alleged misapplication of rents.

In Re: Mya E. et al

christy.peoples@tncourts.gov — Tue, 14 May 2013 21:05:14 +0000

Case Number: M2012-02323-COA-R3-PT

Authoring Judge: Judge Thomas R. Frierson, II

Originating Judge: Judge Betty Adams Green

Date Filed: Monday, May 13, 2013

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This is a termination of parental rights case involving a set of young twins, Mya E. and Kaleah E. (“the Children”). The Children were born out of wedlock to Jasmine E. (“Mother”) and Darius M. (“Father”) on June 1, 2008. The Children, found to be dependent and neglected by Juvenile Court Order entered January 28, 2011, were placed in the custody of their maternal grandmother, Olivia E. Olivia E. filed a petition seeking to terminate the parental rights of Father and Mother on March 30, 2012. The petition alleged as grounds statutory abandonment and persistence of conditions. Mother later joined in the petition to terminate her parental rights. Following a bench trial, the trial court granted the petition to terminate Father’s parental rights upon its finding, by clear and convincing evidence, that Father had abandoned the Children by willfully failing to visit and support them. The court also found clear and convincing evidence that the conditions leading to removal persisted and were unlikely to be remedied in the near future. The court further found, by clear and convincing evidence, that termination of parental rights was in the Children’s best interest. Father has appealed. We affirm.

Gregory Justice v. State of Tennessee

Vickie.Smith@tncourts.gov — Mon, 13 May 2013 19:11:10 +0000

Case Number: M2012-00183-CCA-R3-PC

Authoring Judge: Presiding Judge Joseph M. Tipton

Originating Judge: Judge Steve R. Dozier

Date Filed: Monday, May 13, 2013

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The Petitioner, Gregory Justice, appeals the Davidson County Criminal Court’s denial of post-conviction relief from his jury convictions for possession with the intent to sell or deliver one-half gram or more of a controlled substance, facilitation of the sale of less than one-half gram of a controlled substance, and felonious possession of marijuana, and his concurrent sentences of fourteen years, five years, and three years, respectively. The Petitioner contends that the convictions should be set aside and that he should be granted a new trial because (1) the count charging possession with the intent to sell or deliver more than one-half gram of a controlled substance was duplicitous, (2) he was denied his constitutional right to a trial by a jury and jury unanimity, and (3) trial counsel provided the ineffective assistance of counsel. We affirm the judgment of the trial court.

Clayton Bezuidenhout v. State of Tennessee

Vickie.Smith@tncourts.gov — Mon, 13 May 2013 19:13:33 +0000

Case Number: M2012-01114-CCA-R3-PC

Authoring Judge: Presiding Judge Joseph M. Tipton

Originating Judge: Judge James G. Martin, III

Date Filed: Monday, May 13, 2013

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The Petitioner, Clayton Bezuidenhout, appeals from the Williamson County Circuit Court’s summary dismissal of his petition for post-conviction relief from his 2009 guilty plea to theft of property valued at more than $500 but less than $1000. He contends that the trial court erred by concluding that the petition was untimely and that the one-year statute of limitations was not tolled. We affirm the judgment of the trial court.

State of Tennessee v. Samuel L. Giddens

Vickie.Smith@tncourts.gov — Mon, 13 May 2013 14:59:42 +0000

Case Number: M2012-00858-CCA-R3-CD

Authoring Judge: Judge Thomas T. Woodall

Originating Judge: Judge J. Randall Wyatt, Jr.

Date Filed: Monday, May 13, 2013

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Appellant, Samuel L. Giddens, seeks relief from the trial court’s order denying Appellant’s “Motion Nunc Pro Tunc,” which sought amendment of a judgment to increase his pretrial jail credits. The trial court denied relief without having a hearing. We conclude that Appellant’s appeal must be dismissed because there is no appeal as of right from the denial of the motion filed by Appellant.

State of Tennessee v. Kenneth Lewis

Mia.Myles@tncourts.gov — Mon, 13 May 2013 21:50:00 +0000

Case Number: W2011-02219-CCA-R3-CD

Authoring Judge: Judge Camille R. McMullen

Originating Judge: Judge J. Robert Carter Jr.

Date Filed: Monday, May 13, 2013

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The Defendant-Appellant, Kenneth Lewis, was indicted by a Shelby County Grand Jury for second degree murder, a Class A felony, and was convicted as charged. See T.C.A. § 39-13-210 (2006). The trial court sentenced Lewis as a Range II, multiple offender to a sentence of thirty-five years at one hundred percent release eligibility. On appeal, Lewis argues: (1) the evidence is insufficient to sustain his conviction; (2) the trial court abused its discretion in denying his request to question a witness about the witness’s failure to appear at two prior court proceedings in his case; and (3) his sentence is excessive. Upon review, we affirm the judgment of the trial court.

State of Tennessee v. Timothy P. Guilfoy

Vickie.Smith@tncourts.gov — Mon, 13 May 2013 19:08:57 +0000

Case Number: M2012-00600-CCA-R3-CD

Authoring Judge: Judge Jeffrey S. Bivins

Originating Judge: Judge Monte Watkins

Date Filed: Monday, May 13, 2013

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Timothy P. Guilfoy (“the Defendant”) was convicted by a jury of two counts of rape of a child, four counts of aggravated sexual battery, and one count of assault. After a hearing, the trial court sentenced the Defendant to twenty years for each of the rapes, ten years for each of the aggravated sexual batteries, and six months for the assault. The trial court ordered partial consecutive service, resulting in an effective sentence of seventy years to be served in the Tennessee Department of Correction. In this direct appeal, the Defendant contends as follows: (1) the trial court erred in allowing the State to ask leading questions of one of the victims; (2) the trial court erred in admitting two expert opinions; (3) the trial court erred in admitting recordings of phone calls between the Defendant and the victims’ mother; (4) the trial court erred in admitting the videotaped forensic interviews of the victims as substantive evidence; (5) the State’s election of offenses was ineffective; (6) the evidence is not sufficient to support his convictions; (7) cumulative errors entitle him to a new trial; and (8) his sentence is excessive. Upon our thorough review of the record and applicable law, we merge the Defendant’s two convictions of aggravated sexual battery entered on Counts One and Two into a single conviction of aggravated sexual battery. We also merge the Defendant’s two convictions of rape of a child into a single conviction of rape of a child. Finally, we merge the Defendant’s conviction of assault into his conviction of aggravated sexual battery entered on Count Three. In light of our holdings, we remand this matter for a new sentencing hearing. The Defendant’s convictions are otherwise affirmed.

Jonathan Fortener v. State of Tennessee

Joanne.Newsome@tncourts.gov — Fri, 10 May 2013 17:33:14 +0000

Case Number: E2011-02575-CCA-R3-PC

Authoring Judge: Judge Thomas T. Woodall

Originating Judge: Judge Amy Reedy

Date Filed: Friday, May 10, 2013

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The petitioner, Jonathan Fortener, appeals the Monroe County Criminal Court’s denial of his petition for post-conviction relief. The petitioner was convicted of one count of second degree murder and sentenced to a term of twenty-five years in the Department of Correction. On appeal, he contends that the post-conviction court erred in denying the petition because trial counsel was ineffective in that he had reason to know of mitigating factors, failed to investigate those mitigating factors, and failed to hire an expert to present evidence of the mitigating factors at the sentencing hearing. The petitioner also faults the post-conviction court for failing to allow testimony at the post-conviction hearing regarding traumatic brain injuries. Following our review of the record, we affirm the denial of relief.

State of Tennessee v. Demeko Gerard Duckworth

Stephanie.Wilson@tncourts.gov — Fri, 10 May 2013 20:19:50 +0000

Case Number: M2012-01234-CCA-R3-CD

Authoring Judge: Judge James Curwood Witt, Jr.

Originating Judge: Judge Cheryl Blackburn

Date Filed: Friday, May 10, 2013

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The defendant, Demeko Gerard Duckworth, appeals his Davidson County Criminal Court jury convictions of two counts of first degree murder, one count of attempted first degree murder, and one count of employing a firearm during a dangerous offense, claiming that the trial court erred by denying his motion to sever offenses, that the evidence was insufficient to support his convictions, and that the trial court erred by imposing partially consecutive sentences. Because we discern no reversible error, the judgments of the trial court are affirmed in all other respects.

Jerry Dean Harkleroad v. Linda Althea Turner Harkleroad

Francesca.Kraft@tncourts.gov — Fri, 10 May 2013 17:16:38 +0000

Case Number: E2012-01804-COA-R3-CV

Authoring Judge: Judge John W. McClarty

Originating Judge: Judge Jean A. Stanley

Date Filed: Friday, May 10, 2013

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This appeal concerns a requested post-divorce modification of alimony in futuro. Husband sought a reduction in his support obligation owed to Wife, alleging that he had not received a paycheck in two years and that Wife was eligible for Medicare and no longer in need of his assistance for health insurance coverage. Following a hearing, the trial court reduced Husband’s health insurance obligation but held that Husband failed to prove a material change in circumstances that necessitated a modification in the remainder of his support obligation. Husband appeals. We affirm the decision of the trial court.

In Re: Hope A.A.

Francesca.Kraft@tncourts.gov — Fri, 10 May 2013 17:27:59 +0000

Case Number: E2012-01209-COA-R3-PT

Authoring Judge: Judge John W. McClarty

Originating Judge: Chancellor James E. Beckner

Date Filed: Friday, May 10, 2013

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This case concerns the termination of the mother’s parental rights. The subject child is the second born to the mother. The petitioner is a friend of the mother with whom the child has lived continuously for several years. We have determined that the record contains clear and convincing evidence to support terminating the mother’s parental rights on the three grounds relied upon by the trial court: abandonment for failure to visit and to provide support and persistence of conditions. The record further supports the conclusion that terminating the mother’s parental rights is in the child’s best interest. Accordingly, we affirm the findings of the trial court.

State of Tennessee v. Deangelo M. Moody and Martez D. Matthews

Vickie.Smith@tncourts.gov — Thu, 09 May 2013 19:19:55 +0000

Case Number: M2011-01930-CCA-R3-CD

Authoring Judge: Judge Roger A. Page

Originating Judge: Judge Mark J. Fishburn

Date Filed: Thursday, May 9, 2013

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A jury convicted appellants, Deangelo M. Moody and Martez D. Matthews, of first degree murder. The trial court imposed life sentences. On appeal, both appellants challenge the sufficiency of the convicting evidence. In addition, appellant Matthews argues that the trial court erred in the following rulings: (1) admitting a hearsay statement pertaining to motive that was attributed to a severed co-defendant; (2) allowing certain statements, including “gang lingo”; (3) permitting testimony regarding witnesses’ gang involvement for impeachment purposes; (4) admitting evidence of the personal history between two witnesses; (5) allowing the State to introduce a crime scene photograph that depicted a pool of blood; and (6) permitting the State to introduce proof of his conviction for possession of a handgun. After reviewing the record, the parties’ briefs, and applicable law, we affirm the judgments of the trial court. However, we remand this cause for entry of judgment forms reflecting dismissal of appellant Matthews’s indictment for employing a firearm during commission of a dangerous felony and appellant Moody’s acquittal of the same charge.