Mira Ann (Waller) Mosley v. Charles Raymond Mosley
The parties were married in 1980 with no children born of the marriage. The parties separated a number of times during their marriage. During a period of separation, in April of 1995, the parties signed a contract entitled Marital Dissolution Agreement, which, among other things, settled their rights in property acquired during their marriage. They reconciled in 1997 and lived together for some six months until their final separation, which was followed by Wife’s Complaint for Divorce filed June 11, 2001. The trial court held that the Agreement had been freely executed by both parties and meticulously followed until the time of the divorce Complaint. The parties were divorced by joint stipulation pursuant to Tennessee Code Annotated section 36-4-129, and following final hearing, the trial court held the 1995 Agreement to be fair and equitable and divided property accordingly. Wife appeals, and we affirm the judgment of the trial court. |
Rutherford | Court of Appeals | |
State of Tennessee v. Linc Sebastian Baird
The Appellant, Linc Sebastian Baird, appeals the sentencing decision of the Knox County Criminal Court. Baird pled guilty to the crimes of robbery and attempt to obtain a controlled substance by fraud and was sentenced to consecutive sentences of five years for robbery and three years for the criminal attempt. On appeal, Baird asserts that the trial court erred by: (1) imposing excessive sentences and (2) denying him an alternative sentence. After review of the record, we find no error and affirm the sentences. |
Knox | Court of Criminal Appeals | |
Kevin L. Marshall v. State of Tennessee
The petitioner, Kevin L. Marshall, appeals the dismissal of his motion to correct an illegal sentence. Because this is not the appropriate context for this appeal and because we conclude that the record supports the trial court's determination that the petitioner failed to set forth a factual or legal basis on which to justify relief, we affirm the dismissal of the post-conviction petition. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Lucy Thompson
The defendant, Lucy Thompson, contends that the trial court erred in overruling her motion for judicial diversion. Specifically, she contends that the court accorded controlling weight to the deterrence value and the circumstances of the case, while it ignored other factors that it was required to consider. Because we conclude that the trial court did not abuse its discretion, the judgment is affirmed. |
Cannon | Court of Criminal Appeals | |
State of Tennessee v. Robert L. Evans, Jr.
The defendant, Robert L. Evans, Jr., was indicted for aggravated robbery, first degree premeditated murder, and first degree felony murder. A jury convicted the defendant on all counts. The two murder convictions were merged, and the jury imposed life without parole. The trial judge sentenced the defendant to life without parole plus twelve years for aggravated robbery. The twelve-year sentence was ordered served consecutively to the murder sentence and a previous sentence of death in Illinois. The defendant now appeals his convictions and the consecutive sentencing. We affirm both the convictions and sentencing. |
Shelby | Court of Criminal Appeals | |
Rebecca Paige Mulkey (Hurd) v. Bradley Warren Mulkey
Rebecca Paige Mulkey (“Mother”) and Bradley Warren Mulkey (“Father”) were divorced in 1996. The parties agreed that Mother would be the primary residential parent of their two minor daughters with Father having reasonable visitation rights. Several years later and after Mother had remarried, Father filed a Petition for Change of Custody claiming the older child had been physically abused by her step-father. The Trial Court temporarily transferred custody of the children to Father and indicated this arrangement would be reviewed periodically. After the older child recanted her allegations of physical abuse, the Trial Court ordered that she be examined by a psychiatrist. An examination was undertaken and the psychiatrist concluded there was no evidence of abuse “of any kind.” The Trial Court later entered a judgment and held that its previous temporary decision to designate Father as the primary residential parent was to be the final determination. Mother appeals claiming the Trial Court erred when it transferred custody of the children to Father because Father failed to prove there had been a material change in circumstance. We agree and reverse the judgment of the Trial Court. |
Hawkins | Court of Appeals | |
Rebecca Paige Mulkey (Hurd) v. Bradley Warren Mulkey - Concurring
The majority Opinion notes that the Trial Court talked to the minor children in camera in the presence of the parties’ attorneys, but no court reporter was present, and a record of that proceeding is not before us. We directed in Rutherford v. Rutherford, 971 S.W.2d 955 (Tenn. Ct. App. 1997), p. 956: The Trial Judge has discretion to interview children apart from the courtroom setting if he considers it is in the best interest of the child. However, if he elects to follow this procedure, he must examine the child “in the presence of attorneys for each side and in the presence of the court reporter.” Newburger v. Newburger, 10 Tenn. App. 555, 566 (1930), and in order to have a complete record on appeal, a transcript of such evidence must be filed. This procedure was not followed in this case and the failure to follow this procedure is grounds, standing alone, to vacate and/or reverse the Judgment of the Trial Court, as we noted in Rutherford. |
Hawkins | Court of Appeals | |
Donald Mays v. State of Tennessee
The petitioner, Donald Mays, appeals the trial court's denial of post-conviction relief. Although the petitioner bases his claim on three grounds, the primary issue is whether the petitioner was denied the effective assistance of counsel at trial and on appeal. The judgment is affirmed. Because the post-conviction court failed to address the issue of whether counsel were ineffective by failing to challenge the trial court's failure to charge the jury on certain lesser included offenses, the cause is remanded for further proceedings. |
Shelby | Court of Criminal Appeals | |
Darrell Braddock v. State of Tennessee
The Petitioner, Darrell Braddock, appeals the trial court's denial of his petition for post-conviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Because the petition for post-conviction relief is time-barred by the statute of limitations, we grant the State's motion and affirm the judgment of the lower court. |
Shelby | Court of Criminal Appeals | |
Vaccaro Construction Co., Inc. v. Louis L. Schafer and C. Marie Schafer
This is a construction case. The defendant homeowners had an oral contract with the plaintiff contractor to perform renovations on their home. After problems with the renovations arose, including flooding of the home after a rainstorm, the homeowners terminated the contractor. The contractor filed a claim seeking enforcement of a lien on the improved property or payment for the work done on theories of breach of contract, quantum meruit, and unjust enrichment. The homeowners counter-claimed that the contractor owed them for the cost of repairing the contractor’s defective work. After a bench trial, the trial court found that the contractor’s work fell well below the applicable standard and awarded the homeowners damages for the repair of the contractor’s defective work. We affirm. |
Sequatchie, Sevier | Court of Appeals | |
Bill Fox et al. v. State of Tennessee
In this premises liability action,Debby Fox (“the plaintiff”)1 and her husband, Bill Fox, filed a claim against the State of Tennessee (“the State”) for damages sustained by the Foxes when the plaintiff was injured as a result of a fall from a stage during a play rehearsal on the campus of the University of Tennessee at Knoxville (“UT”). The claims commission found in favor of the State, holding (1) that the plaintiff failed to prove her claim of negligence and (2) that she was guilty of 100% of the fault in the accident. The plaintiff and her husband appeal, arguing, inter alia, that the evidence preponderates against the claims commission’s determinations. We affirm. |
Court of Appeals | ||
Roy Hugh Rushing, II v. Jill Marianne Rushing
This is a post-divorce child custody case. The parties were divorced by a final decree which incorporated the parties’ marital dissolution agreement (“MDA”). The MDA provided, among other things, that the parties would have joint custody of their two minor children, and that the mother would be the primary residential parent. The MDA also stated that the father would provide life insurance on the children’s lives, and that the maternal grandmother would arbitrate the parties’ disputes. Approximately two years later, the mother filed a motion for contempt, claiming that the father had failed to provide the required life insurance on the children’s lives. In response, the father filed a motion to increase his residential time with the children and also sought court approval to provide term-life insurance as opposed to whole-life insurance on the children’s lives. In addition, the father asked the court to strike the MDA provision stating that the maternal grandmother would be the final arbiter of the parties’ child rearing disputes. The trial court denied the mother’s motion for contempt and granted the father’s motion for modification of the MDA. The mother now appeals. We affirm. |
Madison | Court of Appeals | |
In Re Estate of James A. Champion, Deceased
This appeal challenges the chancery court’s subject matter jurisdiction to hear a will contest. The petitioner daughter filed a petition to probate the last will and testament of her father. Other siblings filed an objection to probate, alleging that their father did not have the requisite testamentary capacity to execute the will. After a hearing, the chancery court rejected the siblings’ claims and admitted the will to probate. Later, the siblings filed another petition contesting the will, again challenging testamentary capacity and, in addition, alleging undue influence. The chancery court certified the will contest to the circuit court. The circuit court granted summary judgment to the petitioner, finding that the issues raised by the siblings had been addressed in the former proceedings and were res judicata. The siblings then filed a Rule 60 motion in chancery court to set aside the order probating the will. The motion was denied. The siblings now appeal, arguing that the chancery court did not have subject matter jurisdiction to hear the will contest. We affirm, finding that the chancery court had concurrent jurisdiction with the circuit court to adjudicate a will contest. |
Gibson | Court of Appeals | |
Seiller & Handmaker, L.L.P. and Glen Cohen v. Kelly Finnell
This is an action to enroll a foreign judgment. A Tennessee resident was represented by a Kentucky lawyer in a Kentucky lawsuit. When the Kentucky lawyer pursued collection of his fees, the Tennessee client filed a bar complaint against him in Kentucky. The bar complaint was dismissed, and the Kentucky lawyer filed a malicious prosecution lawsuit in Kentucky against the client, and obtained a judgment. In this action, the Kentucky lawyer seeks to enroll the Kentucky judgment against the Tennessee client. The client asserts that the judgment should not be enrolled in Tennessee because it falls under the public policy exception to the full faith and credit clause of United States Constitution. The client bases this argument on Tennessee Supreme Court Rule 9, section 27.1, which prohibits any lawsuit based on a bar complaint, asserting that the enrollment of a foreign judgment based on this cause of action would violate Tennessee public policy. The trial court held that the Kentucky judgment was entitled to full faith and credit and domesticated the judgment. We affirm the decision of the trial court, finding that the enrollment of the foreign judgment does not violate Tennessee public policy. |
Shelby | Court of Appeals | |
State of Tennessee, ex rel., Donna Cottingham v. William B. Cottingham
This appeal concerns an order of the Williamson County Chancery Court finding William B. Cottingham in criminal contempt of court for failure to pay court-ordered child support and alimony. Mr. Cottingham appeals the order of the chancery court sentencing him to 170 days in jail for failure to comply with court orders concerning child support and alimony. We affirm. |
Williamson | Court of Appeals | |
Jeremy Wayne Humphrey v. State of Tennessee
The Petitioner, Jeremy Wayne Humphrey, appeals the trial court's dismissal of his petition for post conviction relief or in the alternative for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner filed his petition outside the statute of limitations for post-conviction purposes. Further, the petitioner does not state any cognizable habeas corpus claims. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed. |
Sumner | Court of Criminal Appeals | |
Charles Mullins v. State of Tennessee
The Appellant, Charles Mullins, proceeding pro se, appeals the Maury County Circuit Court’s summary dismissal of his motion to correct an illegal sentence. On appeal, Mullins argues that his effective thirty-two-year sentence for two counts of aggravated sexual battery is illegal because (1) the judgment forms provide for an improper release eligibility date and (2) the trial court failed to award pretrial jail credits on the judgment forms. Finding merit to the Appellant’s contentions, we remand for further proceedings consistent with this opinion. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Tracy Lynn Franks
The appellant, Tracy Lynn Franks, pled guilty to aggravated assault, felony reckless endangerment, and felony evading arrest. Pursuant to the plea agreement, the appellant was sentenced to six years in the Tennessee Department of Correction for the aggravated assault conviction and four years each for the reckless endangerment and evading arrest convictions, with the sentences to be served concurrently. Additionally, the trial court imposed a $500.00 fine for the evading arrest conviction. On appeal, the appellant argues that the trial court erred in denying him probation. Upon review of the record and the parties’ briefs, we affirm the judgments of the trial court. |
Hardin | Court of Criminal Appeals | |
Jean Ann Trudeau, et al. v. Department of Labor and Workforce Development for the State of Tennessee, et al.
This is an age discrimination case. In October 2001, a thirty-seven year old woman interviewed for a job position at the defendant’s Career Center. She was recommended for hire for the job. Subsequently, the defendant Career Center began accepting applications for a second job position, similar to the first. The forty-five year old aunt of the first applicant submitted an application for the second job position. The second job position was never filled. The forty-five year old job applicant filed a lawsuit, alleging that she was not hired due to age discrimination. The trial court granted summary judgment in favor of the Career Center. We affirm, finding that the forty-five year old applicant failed to establish a prima facie case of age discrimination. |
Henry | Court of Appeals | |
State of Tennessee v. Timothy Davis
The defendant, Timothy Wade Davis, was convicted by a jury of four counts of rape of a child and one count of aggravated sexual exploitation of a minor. Sentences of twenty-two years were imposed for each child rape conviction and ten years for aggravated sexual exploitation of a minor. Three of the child rape convictions and the especially aggravated sexual exploitation of a minor were ordered to run consecutively for an effective sentence of seventy-six years at 100%. The defendant appeals his convictions and sentencing and alleges that the trial court erred in the following respects: (1) in failing to suppress the search warrant and the defendant’s statements; (2) by denying the defendant the right to represent himself; (3) by refusing to instruct the jury on insanity; (4) in finding the defendant competent to stand trial; and (5) in regard to sentencing. After review of the issues presented and the record as a whole, we conclude that no reversible error was present and affirm the convictions and sentencing. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Timothy Davis - Concurring
I concur in the results and most of the analysis in the majority opinion. However, I believe the differences reflected in the search warrant affidavits in the record would justify suppression of the items seized pursuant to Rule 41(c), Tenn. R. Crim. P. Such a result, though, is not needed, because the record does not reflect that the copies of the affidavits in the record are thoserequired by Rule 41(c) to be identical. On the other hand, even if suppression were required, I believe many of the defendant’s statements against interest could be admissible. |
Knox | Court of Criminal Appeals | |
Tony Hopkins v. State of Tennessee
The petitioner, Tony Hopkins, appeals the dismissal of his petition for writ of habeas corpus, contending that, following his guilty plea, he was wrongfully sentenced to a fifteen-year sentence as a Range I offender on a Class B felony. After careful review, we affirm the dismissal of the petition. |
Morgan | Court of Criminal Appeals | |
James A. Bledsoe and Nannie Bledsoe v. Randall Buttry and Grange Insurance Company
James A. Bledsoe and wife, Nannie, sued Randall Buttry and Grange Insurance Company (uninsured motorist carrier) for damages sustained in a motor vehicle crash. The Bledsoe's claim the jury verdict was insufficient and that the trial court erred in certain evidentiary rulings. We affirm. |
Hawkins | Court of Appeals | |
Charles Smith, Executor of the Estate of Ethel Rogers Smith v. Jerry Smith
The Trial Court held that the confidential relationship between defendant and deceased voids the transaction because deceased did not have independent advice. On appeal, we reverse. |
Hamblen | Court of Appeals | |
Pete Wayne Duncan v. State of Tennessee Parole Board
This matter is before the Court upon the State’s motion to affirm the judgment of the trial court by opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner is appealing the trial court's denial of habeas corpus relief. A review of the record reveals that the Petitioner is not entitled to habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Lake | Court of Criminal Appeals |