Jeffrey Scott Widby v. The City of East Ridge, TN, Et Al.
Pro se appellant appeals the trial court’s dismissal of the complaint pursuant to Tennessee Rule of Civil Procedure 12.02(6). We affirm the trial court. |
Hamilton | Court of Appeals | |
State of Tennessee v. Kimberly Ann Lennon
The Defendant, Kimberly Ann Lennon, was convicted by a Henderson County Circuit Court Jury of driving under the influence, a Class A misdemeanor. See T.C.A. § 55-10-401 (2017). The trial court sentenced her to eleven months and twenty-nine days at 75% service, to be served on probation, supervised by the community corrections program, after two days’ jail service. On appeal, the Defendant contends that the evidence is insufficient to support her conviction. We affirm the judgment of the trial court, and we remand the case for correction of a clerical error on the judgment form. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. David Byron Alexander, Jr.
The Defendant, David Byron Alexander, Jr., was convicted by a Henderson County Circuit Court jury of aggravated assault, a Class C felony; two counts of vandalism valued at $1000 or less, a Class A misdemeanor; aggravated criminal trespass, a Class A misdemeanor; and domestic assault, a Class A misdemeanor. See T.C.A. §§ 39-13-102 (2018) (aggravated assault); 39-14-408 (2018) (vandalism); 39-14-105 (2018) (grading); 39-14-406 (2018) (aggravated criminal trespass); 39-13-111 (2018) (domestic assault). The trial court sentenced the Defendant to eleven months, twenty-nine days for each misdemeanor conviction and to six years for aggravated assault. The court ordered concurrent service of the misdemeanor sentences and consecutive service with the six-year sentence, for an effective sentence of six years, eleven months, and twenty-nine days. The court, likewise, ordered the Defendant to serve his effective sentence consecutively to a six-year sentence imposed in an unrelated drug case. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions and (2) his sentence is excessive. We affirm the judgments of the trial court. |
Henderson | Court of Criminal Appeals | |
Brandon D. Theus v. State of Tennessee
The Petitioner, Brandon D. Theus, appeals the Madison County Circuit Court’s denial of his petition for post-conviction relief from his 2016 conviction for unlawful possession of a firearm by a convicted felon. The Petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Melvin Terry
The defendant, Melvin Terry, appeals the order of the trial court revoking his probation and ordering him to serve his original ten-year sentence in confinement. Upon review of the record, we conclude the trial court did not abuse its discretion in finding the defendant violated the terms of his probation, and the imposed sentence is proper. Accordingly, the judgment of the trial court is affirmed. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. William Grant Morgan, Alias
A Knox County jury convicted the Defendant, William Grant Morgan, alias, of first degree premeditated murder and possession of drug paraphernalia. He received concurrent terms of life imprisonment and eleven months and twenty-nine days, respectively. In this appeal as of right, the Defendant raises the following issues: (1) whether the evidence was sufficient to sustain the Defendant’s murder conviction, specifically, challenging the element of premeditation; (2) whether the trial court failed to ensure that the Defendant voluntarily and knowingly waived certain defenses against the advice of his attorneys; (3) whether the trial court erred in admitting an autopsy photograph depicting the multiple cuts to the victim’s throat; and (4) whether the trial court committed plain error by admitting evidence that the Defendant invoked his right to remain silent. After our review of the record, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
IN RE: KAMBRI P. ET AL.
This is a termination of parental rights case. Appellants, mother and father, appeal the trial court’s termination of their respective parental rights to the two minor children. The court terminated mother’s parental rights on the grounds of: (1) abandonment by failure to provide a suitable home; (2) failure to substantially comply with the requirements of the parenting plans; and (3) persistence of the conditions that led to the children’s removal. The trial court terminated father’s parental rights on the grounds of: (1) abandonment by failure to provide a suitable home; (2) abandonment by an incarcerated parent by wanton disregard; (2) persistence of the conditions that led to the children’s removal; and (3) severe child abuse. The trial court also found that termination of appellants’ parental rights was in the children’s best interest. Discerning no error, we affirm. |
Dickson | Court of Appeals | |
Faye Rennell Hobson v. Joshua A. Frank, et al.
This appeal involves a legal malpractice suit. Previously, the defendants represented the plaintiff in a federal failure to hire case. In the federal case, the jury rendered a defense verdict. Thereafter, the plaintiff sued her attorneys, alleging legal malpractice. The defendants filed a motion for summary judgment, arguing they exercised the required standard of care in representing the plaintiff. In support of their motion, the defendants submitted their own affidavits and an affidavit of a third-party attorney who was retained as a testifying expert. In response, the plaintiff did not provide expert proof on whether the defendants met the appropriate standard of care. The trial court granted the defendants’ motion for summary judgment and dismissed the plaintiff’s complaint. The plaintiff appealed. We affirm the trial court’s grant of summary judgment and remand. |
Davidson | Court of Appeals | |
IN RE MICHAEL B., ET AL.
This is a termination of parental rights cases. The trial court terminated Appellant mother’s parental rights on the grounds of: (1) abandonment by failure to provide a suitable home; (2) abandonment by an incarcerated parent by wanton disregard; (3) failure to substantially comply with the requirements of the permanency plans; (4) persistence of the conditions that led to removal of the children; (5) severe child abuse; and (6) failure to manifest an ability and willingness to assume custody. The trial court also found that termination of her parental rights was in the children’s best interests. Discerning no error, we affirm and remand. |
Cheatham | Court of Appeals | |
In Re Rahjada W. Et Al.
This appeal involves a petition to terminate parental rights to three children. The trial court found there was clear and convincing evidence to terminate on multiple grounds and that termination is in the best interest of the children. Only the mother appealed. We affirm the trial court’s decision to terminate the mother’s parental rights and remand. |
Blount | Court of Appeals | |
Timothy Eugene Keeble v. Crystal Yvonne Keeble
This is a divorce case. Husband/Appellant appeals the trial court’s: (1) decision denying Husband credit for premarital payments he made on certain marital assets; (2) division of certain marital assets and debts; (3) award of transitional alimony to Wife; (4) award of alimony in solido to Wife; and (5) calculation of the amount of child support. Discerning no reversible error, we affirm. |
Loudon | Court of Appeals | |
In Re Zoey L.
In this termination of parental rights case, we do not reach the substantive issues because the trial court’s order is not compliant with the findings and conclusions requirements of Tennessee Code Annotated section 36-1-113(k); thus, this Court is unable to conduct its review. |
Hawkins | Court of Appeals | |
Troy Michael Wheeler v. Angela Marie (Turner) Wheeler
Husband appeals the denial of his motion for relief under Tennessee Rule of Civil Procedure 60.02. Husband argues that a divorce decree and marital dissolution agreement should be set aside for his lack of capacity to understand the agreement and advocate for himself. Separately, he claims the agreement itself is unconscionable. Discerning no reversible error, we affirm. |
Macon | Court of Appeals | |
Matthew D. Varney v. Katherine Mechelle Stooksbury
This is a post-custody contempt case. We do not reach the substantive issues because the order appealed is not final. As such, this Court lacks subject matter jurisdiction over the appeal, and the appeal is dismissed. Tenn. R. App. P. 3. |
Knox | Court of Appeals | |
State of Tennessee v. Patrick Carmody
A Hamilton County Criminal Court Jury convicted the Appellant, Patrick Carmody, of first degree felony murder and especially aggravated robbery, a Class A felony, and the trial court sentenced him to concurrent terms of life and twenty-two years, respectively. On appeal, the Appellant contends that the evidence is insufficient to support his convictions because the only evidence against him was that of co-conspirators and accomplices and that the trial court erred by allowing the State to introduce evidence about his ownership of a gun. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Ashley Wright
Defendant, Ashley Donielle Wright, entered guilty pleas to five counts of identity theft and one count of misdemeanor theft. Pursuant to the plea agreement, she was to receive an effective sentence of two years, with the manner of service to be determined by the trial court. After a hearing, the trial court denied judicial diversion and sentenced Defendant to serve forty-eight hours in confinement and the remainder of the agreedupon sentence on supervised probation. Defendant appeals, asserting that the trial court erred in denying diversion and in ordering confinement. Because the record reflects that the trial court did not make necessary factual finding or indicate on the record the sentencing considerations that warranted imposition of the sentence, we reverse the judgments and remand for the trial court to make adequate factual findings, engage in the requisite legal analysis, and impose judgments in accordance with the mandated statutory and common law considerations and in conformity with the plea agreement. |
Knox | Court of Criminal Appeals | |
Joey Lee v. State of Tennessee
The Petitioner, Joey Lee, appeals from the Shelby County Criminal Court’s denial of post-conviction relief from his conviction for aggravated robbery. On appeal, the Petitioner argues that his trial counsel provided ineffective assistance in failing to challenge the victim’s identification of the Petitioner after she sat next to him in court at a suppression hearing without recognizing that he was one of the men who robbed her and in failing to challenge the prosecutor’s actions, in suggesting to the victim that she was sitting next to her aggressor, as prosecutorial misconduct. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee, Ex Rel. Robbie B. v. Siva M.
The Father appeals the imposition of a retroactive child support obligation for more than five years, contending that the Mother did not show good cause for imposing the obligation, as required by Tennessee Code Annotated section 36-2-311(a)(11)(G)(i); he also contends that the calculation of his income was erroneous. Upon our review, we affirm the imposition of the retroactive child support obligation in excess of five years; we vacate that portion of the order establishing the amount of Father’s obligation and remand for the trial court to recalculate the same. |
Davidson | Court of Appeals | |
Howard Brackson Carrier v. State of Tennessee
The Petitioner, Howard Brackson Carrier, appeals the Sullivan County Criminal Court’s denial of his petition for post-conviction relief, asserting that he received ineffective assistance of counsel and that he is entitled to cumulative error relief. After thorough review, we affirm the denial of the petition. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Monterio Funzie
Defendant, Monterio Funzie, was indicted by the Shelby County Grand Jury for sexual battery by an authority figure and sexual battery. According to the judgment, Defendant pleaded guilty to sexual battery, and the remaining charge was dismissed on motion of the State. Following a sentencing hearing, the trial court sentenced Defendant as a multiple offender to three years to be served in a workhouse. On appeal, Defendant contends that the trial court abused its discretion by denying his request for judicial diversion and that his sentence is excessive. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
In Re Cassi J.
After experiencing financial difficulties, a mother sent her child to live temporarily with a cousin. The cousin filed a petition in the juvenile court seeking temporary custody of the child. After the juvenile court granted the cousin’s petition, the child’s grandmother filed a petition for custody alleging that the child was dependent and neglected and then filed a motion to dismiss the cousin’s petition for temporary custody. The juvenile court denied the grandmother’s motion to dismiss and ordered that temporary custody of the child remain with the cousin. The grandmother sought and was granted a rehearing. After the rehearing, the juvenile court affirmed its decision and the grandmother appealed. We affirm. |
Hamilton | Court of Appeals | |
Tracy Robinson v. Chester Ault
A tenant evicted from her home filed a de novo appeal in circuit court from a general sessions judgment for back rent and dismissal of her counterclaim. The circuit court refused to hear any evidence from the pro se tenant as to her counterclaim based on a local court rule requiring litigants to submit a witness list and exhibits ten days prior to trial. Because of the absence of a transcript and the discretion of trial courts to apply local rules, this court must affirm. |
Hamilton | Court of Appeals | |
State of Tennessee v. Ferderic Lamont Byrd
Following the denial of a suppression motion, the defendant, Ferderic Lamont Byrd, pled guilty to attempted possession of less than 15 grams of a Schedule I controlled substance with intent to sell. As a condition of his plea agreement, the defendant reserved the right to appeal a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(A), challenging the evidence obtained as a result of the warrantless traffic stop of the vehicle he was driving. Upon our review, we find no error in the denial of the motion and affirm the judgement of the trial court. |
Knox | Court of Criminal Appeals | |
GEORGE GRANT ET AL. v. ELAINE ANDERSON, CLERK OF WILLIAMSON COUNTY ET AL.
This case is before us for the second time. In the first appeal, we affirmed the dismissal of the case after determining that the plaintiffs lacked standing. After the mandate issued, the plaintiffs moved for relief from the judgment under Rule 60.02 of the Tennessee Rules of Civil Procedure. The trial court denied the motion. In this second appeal, the plaintiffs claim the trial court abused its discretion in denying their requested relief. We affirm. We also conclude the appeal is frivolous and remand for an assessment of damages. |
Williamson | Court of Appeals | |
Kevin W. Taylor v. G.UB.MK Constructors
An employee filed a workers' compensation claim alleging he suffered permanent hearing loss in the course and scope of his employment. The trial court ruled that the employee's hearing loss was compensable and, based on an anatomical impairment rating of 14.1 percent, awarded the employee 56.4 percent vocational disability for loss of hearing in both ears. We affirm the trial court's judgment as to compensability but find that the award of vocational disability was excessive. We modify the award of vocational disability to thirty percent for loss of hearing in both ears. |
Roane | Workers Compensation Panel |