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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 926 S.W.2d 727 (1994)
Regular Panel Decision
May 23, 1994

State v. Keen

David M. Keen pled guilty to first-degree murder and aggravated rape of an 8-year-old girl. A jury sentenced him to death, finding multiple aggravating circumstances, including the victim's age, heinousness, and the murder occurring during rape. Keen appealed, raising 17 issues, primarily concerning jury instructions on mitigating circumstances and the death penalty statute. The Supreme Court of Tennessee found errors in the jury instructions regarding the weighing of aggravating and mitigating circumstances and the definition of 'heinous, atrocious, or cruel' aggravating circumstance. Consequently, the Court affirmed the conviction but remanded the case for a new sentencing hearing.

Capital PunishmentDeath PenaltySentencing ErrorJury InstructionsAggravating CircumstancesMitigating CircumstancesFelony MurderRapeChild VictimAutopsy
References
45
Case No. KA 14-00721
Regular Panel Decision
Mar 20, 2015

SCZERBANIEWICZ, THOMAS, PEOPLE v

The case involves an appeal by Thomas Sczerbaniewicz from an Onondaga County Court order classifying him as a level three risk under the Sex Offender Registration Act (Correction Law § 168 et seq.). The Board of Examiners of Sex Offenders initially recommended a level one risk but applied an override to level three due to a diagnosed psychological abnormality impacting impulse control. The County Court, while not applying the override, determined an upward departure to level three was warranted based on aggravating circumstances. The Appellate Division, Fourth Judicial Department, unanimously affirmed the order, finding clear and convincing evidence that aggravating circumstances, such as the defendant's involvement in a child pornography ring, possession of over 1,500 child pornography images, and admitted fantasies in prison, justified the upward departure. The court also rejected the defendant's request for a downward departure, concluding that his cited mitigating factors were outweighed by the aggravating circumstances.

Sex Offender Registration ActSORARisk AssessmentUpward DepartureChild PornographyPsychological AbnormalityAggravating CircumstancesDownward DepartureAppellate ReviewCriminal Law
References
8
Case No. M2003-00539-CCA-R3-DD
Regular Panel Decision
Dec 27, 2006

State v. Reid

The defendant, Paul Dennis Reid, Jr., was convicted of multiple counts of premeditated murder, felony murder, attempted murder, and especially aggravated robbery stemming from a McDonald's restaurant incident. He was subsequently sentenced to death. The Supreme Court of Tennessee affirmed the convictions and death sentences, addressing various issues including the defendant's competence to stand trial, the admissibility of evidence regarding weapon possession and financial condition, the introduction of evidence from prior murders to establish a 'mass murder' aggravating circumstance, and the trial judge's denial of a recusal motion. The court found no reversible error in the trial proceedings or the sentencing phase, upholding the death sentences based on overwhelming evidence of aggravating circumstances despite the presentation of mitigating factors related to his unstable childhood and mental health.

MurderFelony MurderAttempted MurderAggravated RobberyDeath PenaltyCompetency to Stand TrialAggravating CircumstancesMitigating CircumstancesProportionality ReviewEyewitness Identification
References
148
Case No. MISSING
Regular Panel Decision
Oct 19, 1999

Owens v. State

Gaile K. Owens appealed the denial of her petition for post-conviction relief by the Criminal Court of Shelby County. Owens was convicted in 1986 as an accessory before the fact to first-degree murder, alongside co-defendant Sidney Porterfield, and both were sentenced to death. Her direct appeal was affirmed by the Tennessee Supreme Court. In her post-conviction petition, Owens raised issues including ineffective assistance of counsel, the recusal of the post-conviction judge, alleged Brady violations, vicarious application of aggravating circumstances, constitutionality of the remuneration aggravator, reasonable doubt jury instructions, and the constitutionality of the death penalty statute. The court reviewed these claims, affirming the judgment of the post-conviction court. The court notably affirmed the vicarious application of the "heinous, atrocious, or cruel" aggravating circumstance and upheld the constitutionality of the death penalty statute against various challenges.

Capital PunishmentPost-Conviction ReliefIneffective Assistance of CounselAggravating CircumstancesVicarious LiabilityDeath PenaltyFelony MurderConstitutional LawCriminal ProcedureJudicial Recusal
References
75
Case No. 03C01-9403-CR-00094
Regular Panel Decision

State v. Bush

Defendant Michael Dean Bush was convicted of premeditated first-degree murder and first-degree burglary of 79-year-old Jodie Lefever, receiving a death sentence. The jury found two aggravating circumstances: torture/serious physical abuse and murder to avoid arrest/prosecution. The Tennessee Supreme Court affirmed the conviction and death sentence, rejecting claims regarding suppressed statements, sufficiency of evidence, rebuttal psychiatric evidence, jury instructions on parole eligibility and aggravating circumstances, and the constitutionality of the death penalty. The Court concluded that any instructional errors were harmless and the sentence was proportionate.

MurderCapital PunishmentFirst Degree MurderBurglaryPremeditationDeliberationAggravating CircumstancesMitigating CircumstancesMental IllnessMiranda Rights
References
98
Case No. MISSING
Regular Panel Decision
Mar 16, 2006

State v. Rollins

Steven James Rollins was convicted of premeditated murder, felony murder, and especially aggravated robbery for the brutal killing of eighty-one-year-old John Bussell during a robbery in Sullivan County, Tennessee. The jury imposed a death sentence, finding multiple aggravating circumstances including the victim's age and the torture involved. Rollins appealed, raising issues such as the lack of electronic recording of interrogations, alleged Sixth Amendment right to counsel violations, and the refusal to allow a co-defendant to invoke the Fifth Amendment in the jury's presence. The Supreme Court of Tennessee affirmed both the conviction and the death sentence, finding no reversible errors and concluding that the sentence was not disproportionate given the circumstances.

Premeditated murderFelony murderEspecially aggravated robberyDeath penaltyAggravating circumstancesMitigating circumstancesRight to counselFifth Amendment privilegeElectronic recording of interrogationsApprendi error
References
67
Case No. 03-S01-9604-CC-00047
Regular Panel Decision
Apr 07, 1997

Michael Dean Bush v. State of Tennessee

In this capital case, Michael Dean Bush was convicted of premeditated first-degree murder and first-degree burglary of Jodie Lefever, a 79-year-old widow. The jury imposed the death penalty, finding two aggravating circumstances: the murder involved torture or serious physical abuse beyond that necessary to produce death, and it was committed to avoid lawful arrest or prosecution for the burglary. Bush challenged his conviction and sentence on multiple grounds, including the suppression of his statements, sufficiency of evidence for premeditation, admission of psychiatric rebuttal testimony, jury instructions on parole eligibility and reasonable doubt, and the application of aggravating circumstances. The Supreme Court of Tennessee affirmed the trial court's judgment, finding no reversible errors and upholding the conviction and death sentence after a proportionality review.

Capital CasePremeditated MurderFirst Degree BurglaryDeath Sentence AffirmedAggravating CircumstancesMitigating CircumstancesMiranda Rights WaiverMental State DefenseProsecutorial MisconductJury Instructions Review
References
137
Case No. MISSING
Regular Panel Decision

Norma B. v. Sven H.

The Family Court of New York County, presided over by Justice Tandra L. Dawson, issued orders on March 31, 2008, September 8, 2008, and October 16, 2007. These orders, in part, found insufficient evidence for aggravating circumstances under Family Court Act § 827 (a) (vii) and denied a petitioner's motion to allow a social worker or the child to testify about out-of-court statements. Upon appeal, the Family Court's credibility findings were affirmed. The appellate court found that acts exposing family members to physical injury were not sufficiently contemporaneous to establish "immediate and ongoing danger." While acknowledging the Family Court's error in denying the child in camera testimony at the dispositional hearing, a remand was deemed unnecessary as such testimony would not have altered the finding regarding aggravating circumstances due to its lack of contemporaneity. The appeal was unanimously affirmed.

Family LawChild TestimonyAggravating CircumstancesCredibility FindingsAppellate ReviewFamily Court ActChild AbuseDomestic ViolenceContemporaneous ActsEvidentiary Ruling
References
2
Case No. E2013-00394-CCA-R3-DD
Regular Panel Decision

State of Tennessee v. Lemaricus Devall Davidson

Lemaricus Devall Davidson appealed his convictions for first-degree murder, especially aggravated robbery, especially aggravated kidnapping, aggravated rape, and facilitation of aggravated rape, along with two death sentences. The Supreme Court of Tennessee reviewed several claims of error, including the admission of evidence obtained during house searches, the defendant's statement to law enforcement, spectator buttons, post-mortem photographs, the jury's review of video evidence during deliberations, and expert testimony on ballistics and fingerprints. The Court affirmed Davidson's convictions and death sentences, concluding that the trial court did not err in admitting evidence, that the sentences were not arbitrary, and that the aggravating circumstances outweighed the mitigating factors. It also vacated the Court of Criminal Appeals' remand to the trial court for corrections to the judgment documents.

Capital PunishmentFirst Degree MurderAggravated RapeEspecially Aggravated RobberyEspecially Aggravated KidnappingDNA EvidenceFingerprint AnalysisBallisticsSearch Warrant ValidityMiranda Rights
References
268
Case No. W1999-00844-CCA-R3-DD
Regular Panel Decision
Mar 26, 2002

State v. McKinney

Timothy McKinney was convicted of premeditated first-degree murder and attempted second-degree murder. The jury imposed a death sentence for the first-degree murder, citing a prior violent felony as an aggravating circumstance, and a consecutive twelve-year sentence for attempted second-degree murder. The Tennessee Supreme Court affirmed the convictions and sentences, addressing various legal challenges. The Court found no error in denying expert testimony on eyewitness identification, upheld the clarity of the jury's verdict form on aggravating circumstances, and confirmed the sufficiency of evidence for the prior violent felony. It also ruled that the trial court's limitation on defense counsel's closing argument during the sentencing phase was harmless error and that victim impact evidence was properly admitted. Finally, the Court concluded that the death sentence was neither arbitrary nor disproportionate through a comparative proportionality analysis, aligning it with similar cases where capital punishment was upheld.

First Degree MurderAttempted Second Degree MurderDeath SentenceAggravating CircumstancePrior Violent FelonyEyewitness IdentificationVictim Impact EvidenceProportionality ReviewDue ProcessConstitutional Rights
References
46
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