William G. Norvell v. Menlo Logistics, Inc.
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employee insists the trial court erred in finding that his back injury was not causally related to an accidental injury occurring at work on October 4, 1999. As discussed below, the panel has concluded the judgment should be reversed and the cause remanded for an award of benefits. |
Tipton | Supreme Court | |
State of Tennessee, Department of Children's Services, v. Jennifer Simpson Blackwell, in the matter of: J.S. Jr. (DOB 6/21/1996)
This case involves the termination of Mother’s parental rights. The trial court found clear and convincing evidence to terminate Mother’s parental rights on the grounds of (1) persistent conditions and (2) substantial noncompliance with the permanency plan. Additionally, the trial court determined that termination of Mother’s parental rights was in Child’s best interest. Mother appeals the decision of the trial court. For the following reasons, we affirm. |
Henry | Court of Appeals | |
State of Tennessee v. Isiah Wilson
Isiah Wilson, a juvenile defendant, after transfer to Circuit Court, entered a guilty plea to aggravated rape and especially aggravated kidnapping and received agreed upon concurrent sentences of fifteen years. The defendant properly reserved a certified question of law challenging the appropriateness of the transfer ruling from juvenile court to circuit court. We conclude that the juvenile court judge adhered to the mandated statutory considerations, affirm the transfer, and, thus, also affirm the judgments of conviction. |
Haywood | Court of Criminal Appeals | |
Corey Kennerly v. State of Tennessee
The Appellant, Corey Kennerly, is currently serving concurrent sentences of life imprisonment and twenty years, as a result of his guilty pleas to first degree murder and aggravated robbery. Kennerly has filed a petition pursuant to the Post-Conviction DNA Analysis Act of 2001 requesting DNA analysis of evidence that resulted in his convictions. The trial court granted Kennerly's petition and ordered that DNA analysis be performed at state expense. After Kennerly was advised by the forensic laboratory that the DNA analysis was unfavorable, he moved to voluntarily dismiss his petition without prejudice. The trial court ruled that voluntary dismissal of the petition was not authorized by the Act and dismissed the petition upon its merits. Kennerly appeals this ruling. After review, we find no error and affirm. |
Franklin | Court of Criminal Appeals | |
Betty L. Hampton v. Wal-Mart Stores, Inc.
This is a premises liability case wherein the plaintiff alleges that she was injured when she slipped and fell on spilled baby food while shopping at the defendant's store. After trial of the case before a jury, the trial court granted the defendant's motion for a directed verdict and dismissed the case upon grounds that the plaintiff failed to present proof that the defendant had notice of an unreasonably dangerous condition. We affirm the judgment of the trial court and remand. |
Loudon | Court of Appeals | |
Anthony Sircy and Anethesiologists Professional Assurance Company v. Jerry Wilson
Workers compensation carrier, intervening Plaintiff in a suit to recover for personal injuries sustained by employee of its insured, appeals the Trial Court’s action in awarding one-third of the proceeds of settlement of damage suit to counsel for the injured employee as attorney fees. Finding no error in the action of the trial court, we affirm. |
Wilson | Court of Appeals | |
Greg Davidson, et al., v. Bank of Friendship, Inc. and Theoda Dunn v. Bank of Friendship, Inc.
The trial court awarded judgment to Plaintiffs upon determining that the Bank of Friendship could not foreclose on Plaintiffs’ properties because the Bank had failed to apply proceeds from a sale under a deed of trust to a senior deed of trust. We reverse and remand for further proceedings. |
Henderson | Court of Appeals | |
John Wesley Green v. Edna L. Green, et al.
Judgment debtor filed motion seeking to enjoin execution sale at which stock owned by debtor in judgment creditor corporation was scheduled to be sold; alternatively, debtor sought to quash the execution, alleging that the stock was exempt property. At execution sale, debtor’s stock was purchased by judgment creditor. Debtor subsequently sought to have execution sale set aside, alleging that there were defects in the manner in which the sale was conducted and asserting that the trial court should have held a hearing on his motion to quash the execution prior to the sale. Following a hearing the trial court denied relief holding that debtor had not pursued his request for injunctive relief and that the motion to quash was moot. Debtor appealed. While this case was pending on appeal, the Tennessee Supreme Court reversed the summary judgment against debtor, which led to the monetary judgment the execution sale was held to enforce and remanded for a trial on the merits. Having determined that the resolution of the issues raised in this appeal is subject to factual determinations which are within the scope of the remand, we vacate the decision of the trial court and remand this case for consideration in light of the issues to be determined. |
Davidson | Court of Appeals | |
Joseph D. Gaines v. Kevin Myers, Warden
The Appellant, Joseph D. Gaines, appeals the Wayne County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. On appeal, Gaines argues that: (1) his two convictions for rape of a child are void because the indictment returned against him was not signed by the district attorney general and the plea agreement was not signed bythe trial judge; and (2) his concurrent eighteen-year sentences are illegal because they are outside the statutory sentencing range. Finding these issues to be without merit, we affirm the summary dismissal of the petition. |
Wayne | Court of Criminal Appeals | |
Jacqueline Hurt v. State of Tennessee
The petitioner, Jacqueline Hurt, appeals the denial of her petition for post-conviction relief in which she asserted that her plea was not knowing and voluntary and that she was denied effective assistance of counsel. Following our review, we affirm the denial of the petition; however, we remand the matter for the limited purpose of entry of a corrected judgment. |
Shelby | Court of Criminal Appeals | |
Marsha Ricketts v. Sara M. Robinson, et al.
This is an appeal from a jury verdict finding that all parties involved were without fault in an automobile accident. We affirm. |
Weakley | Court of Appeals | |
Roger Neal James v. State of Tennessee
The petitioner, Roger Neal James, appeals the denial of post-conviction relief. The issues are whether the petitioner was denied the effective assistance of counsel and whether the jury was racially biased. The judgment is affirmed. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Clinton Ketron
The Defendant, Clinton Wade Ketron, pled guilty to one count of operating a motor vehicle while adjudged to be a Habitual Motor Vehicle Offender (HMVO), a Class E felony, and one count of criminal impersonation, a Class B misdemeanor. Pursuant to a plea agreement the Defendant was sentenced to concurrent terms of one year for his felony HMVO conviction and six months for his misdemeanor criminal impersonation conviction. The trial court denied alternative sentencing and ordered the Defendant to serve his sentences in confinement. The Defendant raises only one issue on appeal: The trial court erred in sentencing the Defendant to serve his one year felony sentence with the Tennessee Department of Corrections and in sentencing him to six months in the county jail for his misdemeanor conviction instead of placing him on enhanced probation or imposing some other form of alternative sentence. We affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
In the matter of: D.C. and S.C., State of Tennessee Department of Children's Services v. Karen Carey, et al.
This is a termination of parental rights case. Mother appeals from the order of the Juvenile Court of Benton County, terminating her parental rights on the grounds of persistence of conditions. Specifically, Mother asserts that the trial court erred in admitting evidence of an event that occurred after the Petition to Terminate had been filed, that the termination of her parental rights is not supported by clear and convincing evidence in the record, and that termination is not in the best interest of the children. We reverse and remand. |
Benton | Court of Appeals | |
Clinton Books, Inc. v. City of Memphis
At issue in this appeal is the legislature’s authority, under the Tennessee Constitution, to impose mandatory closing times on adult-oriented businesses in order to combat the secondary effects associated with those establishments. Appellants, Clinton Books, Inc. (“Clinton Books”) and Fantasy Warehouse, Inc. (“Fantasy Warehouse”), challenge the constitutionality of T.C.A. § 7-51- 1402 through 7-51-1406 (“the Act”), arguing that the Act violates several rights guaranteed by the Tennessee Constitution, among them the rights of religious and expressive freedom, due process, and equal protection of the law. Appellants further contend that the trial court erred in ruling on the merits of their claims during the hearing on a motion for temporary injunction. We affirm in part, reverse in part, and remand for further proceedings. |
Shelby | Court of Appeals | |
Bill Gibson, et al., v. Jimmy L. Gibson
Appellants sought the rescission of a quitclaim deed from a mother to her son upon the grounds of undue influence, fraud, and lack of independent advice. The trial court found that the quitclaim was not invalid on any of these grounds. We affirm. |
Tipton | Court of Appeals | |
Stephanie Dubois v. Radwan Haykal, M.D., et al.
This appeal arises out of a grant of summary judgment in favor of Appellees in a medical malpractice action. The trial court held a preliminary hearing, without a jury, to determine if Appellant could establish the essential elements of such an action, particularly the element of causation. After Appellant presented her experts’ testimony regarding causation for Appellant’s medical malpractice action, the trial court granted Appellees’ motions for summary judgment. Appellant filed an appeal to this Court, and, for the following reasons, we reverse and remand for further proceedings consistent with this opinion. |
Shelby | Court of Appeals | |
94th Aero Squadron of Memphis, Inc. v. Memphis-Shelby County Airport Authority v. Specialy restaurant Corporation
This appeal involves the termination of a commercial real estate lease agreement. Among a multitude of other claims, Plaintiff, Lessee, contends that Defendant, Lessor, breached the lease by failing to provide lessee with notice of default, sufficient to satisfy the terms of the lease. Additionally, Lessee argues that Lessor violated section 29-18-101, et seq. of the Tennessee Code Annotated (Forcible Entry and Detainer) by re-entering the leased premises without first obtaining a writ of possession. Lessee appeals from the trial court’s final judgment in favor of Lessor. We affirm as modified. |
Shelby | Court of Appeals | |
Arzolia Charles Goines v. Glen Turner, Warden
The petitioner, Arzolia Charles Goines, appeals the dismissal of his petition for writ of habeas corpus, in which he contends that: (1) the judge's handwritten signature was not subscribed on the judgments; (2) the judge ordered the present sentence to run concurrently with a previous unserved sentence in contravention of Tennessee Rule of Criminal Procedure 32(c); (3) in sentencing the petitioner, the court failed to consider a presentence report; and (4) the trial court erred in summarily dismissing his petition without appointment of counsel. After careful review, we affirm the dismissal of the petition. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Tory Nelson Nocho
The defendant, Tory Nelson Nocho, appeals his sentence of life without possibility of parole. The defendant contends that the failure to set forth aggravating circumstances within the indictment is a constitutional infirmity. The defendant secondly asserts error in that the State had not filed statutory notice of intent to seek life without possibility of parole as to one victim prior to the entry of the guilty plea. We affirm the sentence as imposed, but we remand the case for entry of corrected judgments. |
Hamilton | Court of Criminal Appeals | |
Kermit Penley v. State of Tennessee
The petitioner, Kermit Penley, appeals from a denial of post-conviction relief. On appeal, the petitioner alleges ineffective assistance of counsel, and that his plea of guilty was not knowing or voluntary. We affirm the post-conviction court's denial of relief. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Robert Banks
The defendant, Robert Banks, was convicted in the General Sessions Court of Shelby County of the misdemeanor offense of patronizing prostitution, fined $1000, and sentenced to twenty days in the county correctional center, to be served on weekends. He then appealed to the Shelby County Criminal Court, where, following a bench trial, he was convicted of patronizing prostitution within a mile and a half of a school, a Class A misdemeanor, ordered to pay a $100 fine, and sentenced to eleven months, twenty-nine days, with forty-five days to be served consecutively in the county workhouse and the remainder on supervised probation. On appeal to this court, the defendant raises two issues: (1) whether the evidence is sufficient to sustain his conviction; and (2) whether the trial court erred in denying his motion for a jury trial based on his claim of ineffective assistance of general sessions counsel. We conclude the evidence is sufficient to sustain the conviction and the trial court did not err in denying the defendant’s untimely request for a jury trial, made after his notice of appeal had already been entered. Accordingly, we affirm the judgment of the trial court, but modify the fine imposed from $100 to $1000, in accordance with the provisions of Tennessee Code Annotated section 39-13-514(b)(3) (2003), and remand for entry of a corrected judgment to reflect the defendant’s conviction offense which was omitted from the judgment form. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Bennie Nelson Thomas, Jr.
The defendant, Bennie Nelson Thomas, Jr., was convicted of sale of a Schedule II controlled substance, crack cocaine, a Class C felony, and sentenced as a Range I, standard offender to six years in the Department of Correction. He was also fined $2000. He raises two issues on appeal: (1) whether the evidence was sufficient to sustain his conviction; and (2) whether the trial court erred in refusing to declare a mistrial after the improper reference at trial to a prior drug sale by an undercover informant. Based on our review, we affirm the judgment of the trial court but remand for entry of a corrected judgment to reflect the defendant’s fine of $2000. |
Gibson | Court of Criminal Appeals | |
American Federation of State, County, and Municipal Employees Local 1733, and Willie Joe Alexander
This is a claim against a union for negligence. The plaintiff was a correctional officer at a county correctional facility and a member of the defendant union. The employee was terminated from his job after he was arrested for possession of a controlled substance. The employee sought the union’s assistance in appealing his termination through the county grievance process. After his grievance was preliminarily denied, the union had fifteen days in which to appeal the denial by requesting arbitration of the employee’s case. The employee urged the union to file a request for arbitration, and the defendant union officer agreed to do so. However, the defendant union officer failed to submit the request for arbitration by the deadline, and consequently the request was denied as untimely. The employee then sued the union and the union officer, alleging that the union officer’s conduct was negligent and that it constituted a breach of contract. After a bench trial, the trial court rejected the employee’s breach of contract claim. It concluded that the defendants’ failure to request arbitration in a timely manner was negligent, but that the negligence did not cause the employee’s damages. The employee now appeals. We affirm the dismissal of the breach of contract claim, but reverse the dismissal of the negligence claim, finding that the evidence preponderates against the trial court’s conclusion that the employee failed to prove causation of his damages. |
Shelby | Court of Appeals | |
State of Tennessee v. Shawn Rafael Bough
The defendant, Shawn Rafael Bough, was convicted of felony murder and especially aggravated robbery. The Court of Criminal Appeals held that the motion for new trial, which was not filed until the date of the sentencing hearing on the especially aggravated robbery conviction, fifty-two days after judgment was entered on the felony murder conviction, was untimely as to the felony murder conviction. The Court of Criminal Appeals also held that two amended motions for new trial were untimely. On these two issues, we reverse the Court of Criminal Appeals, finding that the original motion for new trial, as well as the two amended motions for new trial, were timely filed as to both convictions. The Court of Criminal Appeals found that the evidence was sufficient to support both convictions. The remaining issues addressed by the Court only related to the especially aggravated robbery conviction because the Court had held that the motion for new trial was untimely. On those issues, the Court held that (1) while the State’s reference to a “missing witness” during closing argument was improper, the error was harmless beyond a reasonable doubt; (2) the witnesses Deanna Jones, Edie Jones and Dante Smith were not accomplices whose testimony needed corroboration, and therefore the trial court did not err in failing to give a jury instruction on accomplice testimony; and (3) the defendant waived any objection to the testimony of Isaiah Dixon regarding the defendant’s out-of-court confession by his failure to raise the issue at trial. We affirm the Court of Criminal Appeals on these issues. However, because the Court of Criminal Appeals did not address these last three issues with respect to the felony murder conviction or any of the issues raised in the amended motions for new trial as to either conviction, we remand the case to the Court of Criminal Appeals for consideration of those issues. Tenn. R. App. P. 11 Permission to Appeal; Judgment of the Court of Criminal Appeals is Affirmed in Part, Reversed in Part, and Remanded to the Court of Criminal Appeals |
Knox | Supreme Court |