State of Tennessee v. Jamarcus Miller Defendant, Jamarcus Miller, was indicted by a Shelby County grand jury for first-degree premeditated murder (Count 1) and | Shelby | Court of Criminal Appeals | |
Adam Davis v. State of Tennessee The Petitioner, Adam Davis, sought post-conviction relief alleging ineffective assistance of counsel after he was convicted of two counts of aggravated sexual battery and received an effective sentence of eight years’ imprisonment. The post-conviction court denied relief. On appeal, the Petitioner asserts that his right to counsel was violated by trial counsel’s failure to investigate and call character witnesses and failure to investigate and present medical evidence regarding his erectile dysfunction. He also urges this court to remand the case with an order for the post-conviction court to make further factual findings and credibility determinations. After a thorough review of the record, we conclude that the post-conviction court’s findings are adequate to permit review and that the | Montgomery | Court of Criminal Appeals | |
Todd Randolph Napier v. Kristen C. Napier Father appeals the trial court’s denial of his motion to set aside a default judgment. Discerning no abuse of discretion in the trial court’s decision, we affirm and remand for a determination of Mother’s fees incurred in this appeal. | Williamson | Court of Appeals | |
Tazarius Jay Vond Leach v. State of Tennessee The Petitioner, Tazarius Jay Vond Leach, appeals from the denial of his petition for post-conviction relief from his convictions of two counts of aggravated robbery and one count of carjacking and his effective fifteen-year sentence. He contends that the | Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael Powell A Rhea County Circuit Court Jury convicted the Appellant, Michael Powell, of one count of aggravated statutory rape. The trial court imposed a sentence of three years and nine months in the Tennessee Department of Correction. On appeal, the Appellant challenges the trial court’s denial of alternative sentencing. Upon review, we affirm the judgment of the trial court. | Rhea | Court of Criminal Appeals | |
Dontayell Balfour v. State of Tennessee Petitioner, Dontayelle Balfour, appeals the denial of his post-conviction petition. Petitioner argues that he was denied effective assistance of counsel when his trial counsel failed to adequately consult with him and failed to fully investigate witnesses that Petitioner requested prior to Petitioner’s guilty plea to second degree murder. Following a review of the briefs of the parties and the record, we affirm the judgment of the postconviction court. | Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marvin Glenn Borden Defendant, Marvin Glenn Borden, was charged with one count of possession of more than 0.5 gram of methamphetamine with intent to sell or deliver and one count of possession of drug paraphernalia. Defendant filed a motion to suppress, which was denied by the trial court. Thereafter, Defendant pled guilty to the possession of methamphetamine charge with an agreed four-year sentence as a Range I offender to be served in confinement. The State dismissed the drug paraphernalia charge. Defendant reserved a certified question of law under Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure, challenging the trial court’s denial of the motion to suppress. After review, we affirm the judgment of the trial court. | Weakley | Court of Criminal Appeals | |
in Re Madison J. This case involves the termination of a biological mother’s parental rights to her minor child. The father and the stepmother initiated the case by filing a petition to terminate the mother’s rights and to allow stepmother to adopt the child. In their petition, the parties argued the mother abandoned the child by failing to visit and failing to provide support. Trial was held in March 2017, nearly three years after the petition was filed. In June 2019, the trial court granted the petition and entered its final order, finding there was clear and convincing evidence that the mother abandoned the child and that it was in the child’s best interests to terminate the mother’s parental rights. The mother timely appealed. We affirm in part, reverse in part, and remand. | Montgomery | Court of Appeals | |
State of Tennessee v. Kevin Lane Kevin Lane, Defendant, was indicted for multiple offenses stemming from incidents that occurred at the home of his mother and involved both Defendant's mother and brother. Prior to trial, Defendant filed a motion in limine seeking to prohibit the State from utilizing Defendant's prior convictions for impeachment. After a jury trial, Defendant was found guilty of three counts of aggravated criminal trespass, two counts of assault, one count of theft, five counts of domestic assault, one count of robbery, and one count of carjacking. As a result of the convictions, he was sentenced to an effective sentence of twenty-three years. After the denial of a motion for new trial, Defendant filed a timely notice of appeal. On appeal, the following issues are presented for our review: (l) whether the evidence is sufficient to support the convictions; and (2) whether the trial court erred by permitting the State to introduce evidence of prior bad acts in violation of Tennessee Rule of Evidence 404(b). After a thorough review, we affirm the judgments of the trial court. | Knox | Court of Criminal Appeals | |
This is an action to enforce a citation from the Codes Department of the Metropolitan Government for operating a short-term rental property without a permit. The owner of the property appeals the default judgment entered as a sanction for failing to comply with the trial court’s order granting a motion to compel discovery. Upon a thorough review of the record, we have determined that the trial court did not abuse its discretion in entering the judgment as a sanction; accordingly, we affirm the judgment in all respects. | Davidson | Court of Appeals | |
State of Tennessee v. Sparkle Trenetta Jones A Knox County Criminal Court Jury convicted the Appellant, Sparkle Trenetta Jones, of selling and delivering less than fifteen grams of heroin within a drug-free school zone, Class A felonies. After a sentencing hearing, the trial court ordered that she serve seventeen years for each conviction and merged the convictions. On appeal, the Appellant contends that the evidence is insufficient to support the convictions; that trial court committed plain error by allowing irrelevant testimony; and that the trial court erred by applying two enhancement factors. Based upon the record and the parties’ brief, we find no reversible error and affirm the judgments of the trial court. | Knox | Court of Criminal Appeals | |
State of Tennessee v. Danielle Lynette Wright Defendant, Danielle Lynette Wright, was convicted of second-degree murder by a Knox County Jury. She received a sentence of seventeen years’ incarceration. On appeal, Defendant argues that the evidence was insufficient to sustain her conviction of seconddegree murder. After a thorough review of the record, we affirm the judgment of the trial court. | Knox | Court of Criminal Appeals | |
In Re: Braelyn S. Father appeals the termination of his parental rights. The trial court found grounds for termination by abandonment by failure to visit, abandonment by failure to support, and failure to manifest an ability and willingness to assume legal and physical custody of the child. The trial court also found termination was in the best interests of the child. We affirm in part and reverse in part, but affirm the termination of the father’s parental rights. | Sullivan | Court of Appeals | |
In Re Braelyn S. - concurring and dissenting Because I believe that the line of cases holding that the petitioner seeking to terminate a parent’s rights under Tennessee Code Annotated section 36-1-113(g)(14) must prove both a “failure to manifest an ability and willingness to assume custody” with respect to the first prong of the analysis, I respectfully dissent from that portion of the majority’s opinion. See In re Ayden S., No. M2017-01185-COA-R3-PT, 2018 WL 2447044, at *7 (Tenn. Ct. App. May 31, 2018). In all other respects, including affirming the termination of Father’s parental rights, I concur. | Sullivan | Court of Appeals | |
State of Tennessee v. James Demoss James Demoss, Defendant, pleaded guilty to one count of voluntary manslaughter and two counts of aggravated assault. Pursuant to the plea agreement, the manner of service of the effective fifteen-year sentence was to be determined by the trial court. Following a sentencing hearing, the trial court ordered Defendant’s sentence to be served in the Tennessee Department of Correction. On appeal, Defendant claims that the trial court abused its discretion by sentencing him to serve his sentence in incarceration rather than granting an alternative sentence. Because the trial court failed to articulate adequate reasons for denying an eligible defendant an alternative sentence, the abuse of discretion standard with a presumption of reasonableness does not apply on appeal, and this court can either (1) conduct a de novo review to determine whether there is an adequate basis for denying an alternative sentence; or (2) remand for the trial court to consider the requisite factors in determining whether to grant an alternative sentence. We determine that the record on appeal is sufficient for this court to undertake a de novo review, and after a de novo review of the record and applicable law, we affirm the denial of an alternative sentence. | Davidson | Court of Criminal Appeals | |
Charles L. Jones, III v. State of Tennessee Charles L. Jones, III, Petitioner, appeals from the denial of habeas corpus relief from his sentence of life imprisonment without the possibility of parole after he pled guilty to second-degree murder. After a review, we affirm the denial of habeas corpus relief. | Davidson | Court of Criminal Appeals | |
Suzette Michelle Gibson v. Michael Wayne Gibson In this post-divorce proceeding, the trial court dismissed a Husband’s petition to modify or terminate the transitional alimony he was obligated to pay on the basis of the provision of the parties’ Marital Dissolution Agreement that made the alimony obligation nonmodifiable. Husband appeals. Finding no error, we affirm the judgment. | Knox | Court of Appeals | |
In Re Estate of Paul D. Freeman, Deceased This appeal arises from an action to remove the decedent’s son as the executor of the estate. The action also sought to remove the decedent’s son as the nominated trustee of two testamentary trusts; however, the trustee never assumed his duties because neither trust was ever funded. The decedent’s wife was the principal beneficiary of the estate and both testamentary trusts. The action was initiated by the conservator for the decedent’s wife who alleged, inter alia, that the executor/trustee failed to distribute any property or income to the wife and used the assets for his personal benefit. The conservator also alleged that he improperly used the estate’s assets to satisfy a bank loan that encumbered real property he jointly owned with the decedent for which he and the decedent were liable. The conservator claimed the bank loan was not a lawful debt of the estate because the bank failed to file a claim against the estate within the time limits set forth in Tenn. Code Ann. § 30-2-307. In response, the executor/trustee contended the action to remove him was barred by the one-year statute of limitations for breach of trust actions. He also contended the debt to the bank was properly paid in accordance with the law of exoneration. After a hearing, the trial court found that the law of exoneration did not apply and held that the estate was not obligated on the debt to the bank because the bank did not timely file a claim against the estate. Additionally, the trial court removed the decedent’s son as both the executor and trustee based on his persistent failure to administer the estate and appointed a successor executor and successor trustee. The successor executor filed an inventory and accounting for the estate, and the former executor filed an objection. At the hearing that followed, the former executor submitted into evidence a document entitled “Land Agreement” and claimed that the agreement was enforceable against the estate as a contract to make a will. The trial court determined that the Land Agreement was a contract to make a will, but the claim was time barred. In its final order, the court assessed damages against the former executor and awarded the conservator her attorney’s fees. The former executor appealed, arguing that (1) the action was barred by the statute of limitations for breach of trust actions, (2) the Land Agreement was enforceable against the estate, (3) the debt to the bank was properly paid under the law of exoneration, and (4) he was not liable for attorney’s fees. We affirm the trial court’s decision in all respects. | Sumner | Court of Appeals | |
Jeffery Yates v. State of Tennessee Petitioner, Jeffery Yates, appeals from the summary dismissal of his latest petition for post-conviction relief. Petitioner has repeatedly and unsuccessfully challenged his convictions and sentences. In this, his latest challenge, Petitioner filed a petition for | Shelby | Court of Criminal Appeals | |
State of Tennessee v. Tracy Lynn Harris Pro-se petitioner, Tracy Lynn Harris, appeals from the Carroll County Circuit Court’s summary dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36. Upon review, we affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. | Carroll | Court of Criminal Appeals | |
State of Tennessee v. Michael Ryan Boggs The Defendant, Michael Ryan Boggs, was indicted for theft of property valued at more than $10,000 and less than $60,000, a Class C felony; aggravated burglary, a Class C felony; possession of a firearm by a convicted felon, a Class E felony; and possession of a firearm during the commission of a dangerous felony. See Tenn. Code Ann. §§ 39-14-103(a), -14-105(a)(4), -14-402, -14-403(a), -17-1307(b)(1)(B), -17-1324(a). Following a jury trial, the Defendant was acquitted of the firearms offenses and convicted of the theft of property and aggravated burglary offenses. The trial court imposed a sentence of ten years on each count, to be served concurrently. On appeal, the Defendant challenges the sufficiency of the evidence relative to his identity as a perpetrator of the burglary, arguing that the accomplice testimony was incredible and not adequately corroborated. Following our review, we affirm the judgments of the trial court. | Benton | Court of Criminal Appeals | |
State of Tennessee v. Isaiah Kemp The defendant, Isaiah Kemp, appeals from the revocation of the probationary sentence imposed for his 2018 Sevier County Circuit Court guilty-pleaded conviction of passing worthless checks in an amount of $1,000 or more but less than $10,000, arguing that the trial court erred by ordering that he serve the balance of his sentence in confinement. Discerning no error, we affirm. | Sevier | ||
State of Tennessee v. Joshua Bryan Johnson After pleading guilty to several offenses, Defendant, Joshua Bryan Johnson, received an effective eight-year sentence to be served on probation. A violation of probation warrant was issued and the trial court fully revoked his probation after a hearing. Defendant filed a timely notice of appeal. After the notice of appeal was filed, Defendant filed a motion pursuant to Rule 35 of the Tennessee Rules of Appellate Procedure asking the trial court to modify his sentence to provide for inpatient rehabilitation. The trial court held a hearing on the motion and denied relief. Defendant filed an additional notice of appeal and this Court consolidated the appeals. After a review, we affirm the judgments of the trial court. | Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Curtis Lane The defendant, Curtis Lane, appeals his 2019 Knox County Criminal Court guilty-pleaded conviction of second degree murder, arguing that the 22-year sentence is excessive. Discerning no error, we affirm. | Knox | Court of Criminal Appeals | |
Sheila Mikel v. Tennessee Department Of Children's Services A foster parent appealed the removal of two foster children from her home. This appeal arises from a petition for judicial review of the Tennessee Department of Children’s Services Administrative Procedures Division’s decision to dismiss the foster parent’s appeal on the basis of mootness. The Chancery Court affirmed the Commissioner’s decision. Finding substantial and material evidence in support of the Commissioner’s decision, we affirm. | Court of Appeals |
