Candace Renea Cavness Howard (Beasley) v. Breck Markham Beasley
This appeal concerns a post-divorce motion to terminate transitional alimony. In the parties’ MDA, they agreed the ex-wife would receive transitional alimony for eleven years. In 2013, the ex-husband filed the motion to terminate, alleging that the ex-wife had remarried and was cohabitating with her new spouse and that the new spouse was providing financial support. Several years later, the trial court heard the motion and terminated transitional alimony as of December 31, 2018. In rendering its decision, the trial court failed to comply with the requirements of Tennessee Rule of Civil Procedure 52.01. Therefore, we vacate the trial court’s decision and remand with instructions to make the necessary findings of fact and conclusions of law. |
Tipton | Court of Appeals | |
City of Athens v. William Straser
In a direct appeal from the Athens City Court (“municipal court”), the McMinn County Circuit Court (“trial court”) determined that the defendant, William Straser, was not entitled to a trial by jury in defense of a citation issued by the plaintiff city. Following a bench trial conducted on November 22, 2019, the trial court further determined that Mr. Straser had erected a carport on his property in violation of a municipal ordinance requiring a thirty-foot minimum setback. Mr. Straser has appealed. Discerning no reversible error, we affirm. |
McMinn | Court of Appeals | |
STATE OF TENNESSEE v. CHRISTOPHER MCLAWHORN
The Defendant, Christopher McLawhorn, was convicted by a Davidson County Criminal Court jury of first degree premeditated murder, first degree felony murder; especially aggravated burglary, a Class B felony; and two counts of theft of property valued at $1000 or less, Class A misdemeanors. See T.C.A. §§ 39-13-202 (first degree murder) (2014) (subsequently amended), 39-14-404 (2018) (especially aggravated burglary), 39-14-146 (2014) (subsequently amended) (theft). The trial court merged the first degree murder convictions and imposed a life sentence. Following a sentencing hearing, the court imposed a sentence of twelve years as a Range I offender for especially aggravated burglary, to be served consecutively to the life sentence. The court imposed sentences of eleven months and twenty-nine days for each of the two theft convictions and ordered them to be served consecutively to each other and concurrently to the life sentence. On appeal, the Defendant contends that the evidence is insufficient to support his convictions and that the trial court erred in denying his motion to suppress and admitting evidence obtained from a search of his cell phone. We affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jeffery Siler
Jeffery Siler, Defendant, appeals the trial court’s summary dismissal of his Tennessee Rule of Criminal Procedure 36 motion to correct a clerical error in the trial court’s order revoking Defendant’s probation. Defendant claims that the revocation order erroneously failed to award 622 days’ jail credit for the time Defendant served on a concurrent federal sentence while his state court sentence was suspended and Defendant was on unsupervised probation. Defendant’s probationary period ran from the date of his state court convictions until the date the probation revocation warrant was issued. This probationary period encompassed the 622 days Defendant was incarcerated on the concurrent federal sentence. Because Defendant’s probation was revoked before his probationary period expired, Defendant was not entitled to credit upon reinstatement of the original state court sentence. State v. Hunter, 1 S.W.3d 643, 644 (Tenn. 1999). Therefore, there is no clerical error in the revocation order. We affirm the trial court’s summary denial of the Rule 36 motion. |
Knox | Court of Criminal Appeals | |
Alexandra Mattie Steadman v. Christopher John Sakacsi
The notice of appeal filed by the appellant, Alexandra Mattie Steadman, stated that the appellant was appealing the judgment entered on July 10, 2020. As the July 10, 2020 order does not constitute a final appealable judgment, this Court lacks jurisdiction to consider this appeal. |
Sullivan | Court of Appeals | |
Ezra Maize v. Friendship Community Church Inc, Et Al.
Plaintiff, a former pastor at a church in Chattanooga, brought suit against the church, church elders, and another pastor at the church, alleging that various torts were committed against him. Following a series of motions by the defendants that sought the dismissal of plaintiff’s claims, the trial court ultimately dismissed all legal theories that were asserted in the case. Among other bases for the dismissal, the trial court held that a number of plaintiff’s claims were barred by the ecclesiastical abstention doctrine. Discerning no error in the trial court’s decision to dismiss plaintiff’s claims, we affirm its judgment. |
Hamilton | Court of Appeals | |
In Re Meghan M.R.
A trial court terminated the parental rights of a mother based on the grounds of abandonment by failure to visit, abandonment by failure to provide a suitable home, substantial noncompliance with permanency plans, persistence of conditions, and failure to manifest an ability and willingness to assume custody. The mother appealed, and we affirm the termination on all grounds. |
Campbell | Court of Appeals | |
State of Tennessee v. Robert Glen Gray
A McNairy County jury convicted the Defendant, Robert Glen Gray, of two counts of delivery of methamphetamine weighing .5 grams or more. The trial court sentenced the Defendant to a total effective sentence of twenty-five years. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. After review, we affirm the trial court’s judgments. |
McNairy | Court of Criminal Appeals | |
State of Tennessee v. Ronald Davis
The Defendant, Ronald Davis, appeals the trial court’s revocation of his three-year probationary sentence for identity theft. The trial court determined that the Defendant’s failure to report to his probation officer violated the terms of his probation sentence and ordered the Defendant to serve his sentence. The Defendant asserts that the trial court’s revocation of his probation sentence was an abuse of discretion because he “was trying to connect with his probation officer.” The record supports the trial court’s finding that the Defendant failed to report to his probation officer during a six-month period. Based upon this evidence, we conclude that revocation of the probation sentence was not an abuse of discretion. |
Shelby | Court of Criminal Appeals | |
Corey Mitchell v. State of Tennessee
Following the reversal and remand of this case for a new evidentiary hearing, Corey Mitchell v. State, No. W2016-01818-CCA-R3-PC, 2018 WL 3005379, at *7 (Tenn. Crim. App. June 14, 2018), the post-conviction court again denied relief to the Petitioner, Corey Mitchell. In this appeal, the Petitioner argues that he received ineffective assistance of counsel, that his guilty plea was unknowing and involuntary, and that his plea should be withdrawn to correct manifest injustice. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Peter R. Culpepper v. Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. Et Al.
In this legal malpractice action, the trial court granted judgment on the pleadings in favor of the defendants, determining that the plaintiff had waived any conflict of interest in his signed engagement letter. The court also ruled that the plaintiff’s legal malpractice claims were barred by the applicable statute of limitations. The plaintiff has appealed. Upon our review of the pleadings and acceptance as true of all well-pleaded facts contained in the plaintiff’s complaint and the reasonable inferences that may be drawn therefrom, we determine that the plaintiff has pled sufficient facts in support of his claim of legal malpractice. We therefore reverse the trial court’s grant of judgment on the pleadings with regard to the plaintiff’s legal malpractice claim. |
Knox | Court of Appeals | |
James Kelly v. State of Tennessee
The pro se Petitioner, James Kelly, appeals as of right from the Bradley County Criminal Court’s order summarily denying his pro se pleading that the trial court treated as a petition for post-conviction relief. The State has filed a motion to affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the judgment of the trial court. |
Bradley | Court of Criminal Appeals | |
Darrell A. Cooper v. State of Tennessee
The Petitioner, Darrell A. Cooper, appeals from the Knox County Criminal Court’s denial of his petition for post-conviction relief from his 2016 convictions for two counts of aggravated robbery, two counts of aggravated kidnapping, and one count of possession of a firearm while being a convicted felon, for which he is serving a twenty-year sentence. The Petitioner contends that he received the ineffective assistance of counsel, rendering his guilty pleas involuntary. We remand the case to the post-conviction court for the entry of an order setting forth findings of facts and conclusions of law in compliance with Tennessee Code Annotated section 40-30-111(b) (2018). |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Nelson P. Troglin
The Defendant, Nelson P. Troglin, appeals from the Bledsoe County Circuit Court’s denial of his motion to correct an illegal sentence. See Tenn. R. Crim. P. 36.1. He contends that the trial court erred in denying relief on the basis that he was illegally convicted of the offense of attempted first degree felony murder. We affirm the judgment of the trial court. |
Bledsoe | Court of Criminal Appeals | |
State of Tennessee v. Carl Allen
Defendant, Carl Allen, is appealing the trial court’s denial of his motion to correct illegal sentence filed pursuant to Tennessee Rule of Criminal Procedure 36.1. After a thorough review of the record, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Brandon Harris v. State of Tennessee
The Petitioner, Brandon Harris, appeals from the denial of post-conviction relief arguing that trial counsel was ineffective in failing to investigate and call witnesses, failing to present expert testimony of mental impairment, and failing to object to the State’s certification of a voice recognition expert. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
In Re Adoption of M.L.S.
This case involves a petition to set aside a final decree of adoption. The trial court granted the adoptive parents’ motion to dismiss the petition. We affirm and remand for further proceedings. |
Hawkins | Court of Appeals | |
In Re M.L.S.
This appeal involves a petition to enforce a visitation order after the entry of a final decree of adoption. The adoptive parents filed a motion to dismiss, which the trial court granted in part and denied in part. The trial court ordered the parties to participate in depositions to address the issue of “acquiescence” and determine “if an enforceable right of visitation with the minor Child was acquired by the Petitioners being allowed to visit after the adoption of the minor Child was finalized.” The adoptive parents sought and were granted permission to file an interlocutory appeal, challenging the denial in part of their motion to dismiss. We reverse and remand for further proceedings. |
Hawkins | Court of Appeals | |
State of Tennessee v. Gil Jackson Groseclose
The Appellant, Gil Jackson Groseclose, pled guilty in the Sullivan County Criminal Court to driving under the influence (DUI) and DUI, per se, and the trial court convicted him after a bench trial of DUI, second offense. The trial court merged the convictions, Class A misdemeanors, and sentenced the Appellant to eleven months, twenty-nine days to be served as one hundred twenty days in jail followed by supervised probation. On appeal, the Appellant claims that the evidence is insufficient to support his conviction of DUI, second offense, because the judgment of conviction for his prior DUI was void and that the trial court erred by ordering confinement of more than the mandatory minimum sentence in jail. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
In Re John B.
Father appeals the trial court’s decision to reduce his parenting time significantly. Discerning no reversible error, we affirm. |
Macon | Court of Appeals | |
Jeremy Archer, Et Al. v. The Home Team, Inc. Et Al.
This appeal arises from an alleged misrepresentation of real estate acreage. The plaintiffs commenced an action against both the real estate agent and the seller claiming they misrepresented that the property was 1.9 acres when it was only 1.16 acres. They asserted claims against the real estate agent for misrepresentation and concealment and claims against the seller for, inter alia, misrepresentation, concealment, and breach of contract. Following discovery, the seller and real estate agent each filed motions for summary judgment. The trial court summarily dismissed all claims against the real estate agent. The court granted the seller partial summary judgment dismissing the claims based on misrepresentation, concealment, and breach of contract. We affirm the dismissal of the misrepresentation claims against both defendants because the undisputed facts establish that the plaintiffs did not rely on the alleged misrepresentations in deciding to purchase the property. We also affirm the dismissal of the plaintiffs’ concealment claims based on the plaintiffs’ constructive notice of the correct acreage by way of a publicly recorded plat. Additionally, we affirm the summary dismissal of the breach of contract claim given that the warranty deed identifies the property by reference to the recorded plat, which shows the correct acreage. |
Rutherford | Court of Appeals | |
James Justice v. Paul Gaiter, Et Al.
This appeal arises from a motor vehicle accident in a shopping center complex during the Christmas season. Plaintiff appeals the jury’s finding that he was sixty percent at fault for the accident and the trial court’s denial of his motion for a new trial. Finding that the jury’s apportionment of fault is supported by material evidence and that the trial court did not abuse its discretion in denying the motion for a new trial, we affirm the trial court in all respects. |
Williamson | Court of Appeals | |
Rodney Stafford, et al. v. Christy M. Lucas, A.P.N., et al.
The trial court dismissed this lawsuit for failure to timely serve the defendants after finding that it was “unaware of an exception to this rule or authority to expand the time for service.” Prior to the hearing, however, the plaintiffs filed a motion for enlargement of time under Rule 6.02 of the Tennessee Rules of Civil Procedure. The trial court did not specifically address this motion. As such, the trial court’s dismissal of the complaint is vacated, and this matter is remanded with instructions for the trial court to rule on plaintiffs’ motion for an enlargement of time. |
Shelby | Court of Appeals | |
State of Tennessee v. Adonis Donnell Holbrooks
Adonis Donnell Holbrooks, Defendant, was indicted by the Davidson County Grand Jury in a superseding indictment for one count of attempted rape of a child, one count of solicitation of a minor, one count of especially aggravated sexual exploitation of a minor, and one count of sexual exploitation of a minor via electronic means. After a jury trial, Defendant was convicted as charged. As a result of the convictions, Defendant received an effective sentence of twelve years in incarceration with 100% release eligibility. The trial court denied a motion for new trial and motion to reconsider the denial of the motion for new trial. Defendant appealed, arguing that the evidence was insufficient to support the convictions for attempted rape of a child and especially aggravated sexual exploitation of a minor. After a thorough review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
In Re: Rosylyn W.
Sarah E. (“Mother”) and Scott W. (“Father”) appeal the termination of their parental rights to their minor child, Roslyn W. (“the Child”). In September 2018, Michael D. (“Uncle”) and Megan D. (“Aunt”) (collectively, “Petitioners”) filed a petition to terminate the parental rights of the parents to the Child in the Hawkins County Chancery Court (“Trial Court”). The Trial Court conducted a trial in August 2019. Following the close of Petitioners’ proof, the Trial Court involuntarily dismissed the statutory ground of abandonment for failure to visit against both parents upon oral motion by the parents, pursuant to Tennessee Rule of Civil Procedure 41.02. At the conclusion of the trial, the Trial Court terminated Mother’s parental rights based on the statutory grounds of abandonment by failure to support the Child and failure to manifest an ability and willingness to assume custody or financial responsibility of the Child. The Trial Court terminated Father’s parental rights on the ground of abandonment by failure to support the Child. The Trial Court further found that termination of Mother’s and Father’s parental rights to the Child was in the Child’s best interest. Upon its termination of the parents’ rights to the Child, the Trial Court ordered that Petitioners and the parents must enter into an agreed order or a “preadoption contract” that will survive the adoption to allow for reasonable visitation between the Child and the parents to continue their relationship. Both Mother and Father timely appealed the Trial Court’s judgment. The Petitioners raise two additional issues. We reverse the Trial Court’s involuntary dismissal of the statutory ground of abandonment by failure to visit pertaining to Father at the conclusion of Petitioner’s proof, as well as the requirement that the parties enter into an agreed order or “preadoption contract” allowing reasonable visitation between the parents and the Child after the adoption. We affirm the Trial Court’s judgment in all other respects, including the termination of Mother’s and Father’s parental rights. |
Hawkins | Court of Appeals |