State of Tennessee Ex Rel. Claiborne County v. Delinquent Taxpayer, Albertano Alvarez Et Al.
This appeal arises from the redemption of a parcel of real property purchased at a delinquent taxpayer sale. The appellants were lienholders on a parcel of real property sold to a third party purchaser at a delinquent tax sale. Within days after the tax sale, the lienholders filed a petition for redemption of the property. In response, the purchaser filed a motion to protest the validity of the lien or, alternatively, a claim to recover the expenses that had been incurred to preserve the value of the property by clearing debris and personalty from the property. The lienholders then filed a cross-claim alleging conversion and trespass to chattels. After the purchaser withdrew his objection to the validity of the lien, a bench trial was conducted, and the trial court granted the lienholders’ petition for redemption upon the following conditions relevant to this appeal: that they reimburse the purchaser in the amounts of $8,579.60 for expenses incurred in cleaning up the property and an additional $600.00 for the storage of personalty. The lienholders’ conversion and trespass to chattels claims were subsequently dismissed. Having determined that the expenses were incurred to prevent permissive waste on the property—and concluding that such expenses are recoverable despite having been incurred prior to the entry of the order confirming the sale—we affirm the judgment of the trial court. |
Claiborne | Court of Appeals | |
State of Tennessee v. Joshua Michael Ward
The Defendant, Joshua Michael Ward, entered a guilty plea to reckless homicide, a Class D felony, after the all-terrain vehicle (“ATV”) he was driving ran down an embankment, killing his passenger. The trial court denied the Defendant judicial diversion and sentenced him to three years, with ninety days to be served in confinement and the remainder on unsupervised probation. The Defendant appeals the denial of judicial diversion and the denial of full probation. We conclude that the trial court did not abuse its discretion in sentencing, and we affirm the judgment. |
Scott | Court of Criminal Appeals | |
Paul Hayes v. State of Tennessee
Petitioner, Paul Hayes, filed a petition for writ of error coram nobis based on a victim recanting her identification of him as one of the perpetrators of a home invasion that took place over two decades ago. The petition was denied by the trial court both for having been untimely filed and because the new evidence was neither credible nor was likely to have changed the outcome of the trial. On appeal, we affirm the judgment of the trial court that the petition should be denied on the merits. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Ray Howser
Defendant, Michael Ray Howser, pled guilty to aggravated assault, reckless endangerment with a deadly weapon, and possession of a weapon by a convicted felon with an agreed effective sentence of ten years as a Range II multiple offender with the trial court to determine the manner of service. A sentencing hearing was held, and the trial court ordered Defendant’s ten-year sentence to be served in confinement. On appeal, Defendant argues that the trial court erred by denying alternative sentencing. After a careful review of the record, we affirm the judgments of the trial court. |
Sumner | Court of Criminal Appeals | |
Adrian Delk v. State of Tennessee
Appellant inmate filed a petition for a writ of mandamus in the chancery court seeking redress for various errors involving the sentence he ultimately received following a plea of guilty to two felonies. Because we conclude that Appellant failed to show he had no other equally effective means to redress these alleged errors, we affirm the trial court’s dismissal of Appellant’s petition. |
Hardeman | Court of Appeals | |
Tennessee Farmers Cooperative, Et Al. v. Ted D. Rains
Defendant in a debt collection case appeals the entry of judgment against him, contending that the court erred in setting the case for trial with only two days’ notice, in granting a motion in limine on the day of trial, and in its award of attorney’s fees to the Plaintiff. We modify the judgment to reduce the amount of attorney’s fees awarded; in all other respects, we affirm the judgment. |
Perry | Court of Appeals | |
Noah Ryan Et Al. v. Laverna Soucie
This appeal arises from a dispute concerning the defendant’s conduct, which impeded the plaintiffs’ use of a state right of way for ingress to and egress from the plaintiffs’ commercial property. The trial court entered a judgment in favor of the plaintiffs following its determination that the defendant had created a nuisance and had intentionally interfered with the plaintiffs’ business relationships. The defendant has appealed. Discerning no reversible error, we affirm. |
Hamilton | Court of Appeals | |
Save Our Fairgrounds Et Al. v. Metropolitan Government Of Nashville And Davidson County, Tennessee
Appellants filed a complaint for a declaratory judgment and injunctive relief against the Metropolitan Government of Nashville & Davidson County related to the city’s decision to allow a soccer stadium to be built at the fairgrounds. The complaint alleged that the action violated several provisions of the city’s charter intended to protect the fairgrounds for fair uses. The trial court granted summary judgment in favor of the city on the basis that the additional uses for the fairgrounds did not violate Metropolitan Charter section 11.602. Because the trial court’s order fails to adjudicate Appellants’ claims that the city’s action violated additional charter provisions, we dismiss this appeal for lack of subject matter jurisdiction. |
Davidson | Court of Appeals | |
Gilbert Heredia, Et Al. v. Bill Gibbons, Et Al.
The plaintiffs, some of whom had an interest in property that had been subject to forfeiture proceedings, filed a quo warranto action alleging misconduct by public officials in the administration of the proceedings. The plaintiffs also sought declaratory relief and judicial review “from each final judgment of forfeiture during the period permitted by Tennessee law.” On The defendants’ motion, the trial court dismissed the case on various grounds, including lack of subject matter jurisdiction and lack of standing. In the case of one plaintiff, we conclude that the court lacked subject matter jurisdiction to entertain a petition for judicial review. We further conclude that the plaintiffs either failed to state a claim upon which relief could be granted or lacked standing to pursue the claims. So we affirm the dismissal. |
Davidson | Court of Appeals | |
State of Tennessee v. Tory Blackmon
The Defendant, Tory Blackmon, was convicted by a Shelby County Criminal Court jury of attempted first degree murder, a Class A felony; employing a firearm during the commission or attempted commission of a dangerous felony, a Class C felony; and aggravated assault, a Class C felony. See T.C.A. §§ 39-12-101(a)(1)-(3) (2018) (criminal attempt), 39-13-202(a) (2014) (subsequently amended) (first degree murder), 39-13-102(a) (2014) (subsequently amended) (aggravated assault), 39-17-1324(b)(2) (2014) (subsequently amended) (armed dangerous felonies). The court imposed a twenty-year sentence for attempted first degree murder, a six-year sentence for the employing a firearm conviction, and a four-year sentence for aggravated assault. The court merged the aggravated assault conviction with the attempted first degree murder conviction, and it ordered the firearm conviction to be served consecutively to the attempted murder conviction as required by Tennessee Code Annotated section 39-17-1324(e)(1) (2014) (subsequently amended). On appeal, the Defendant contends that the court erred in sentencing. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Albert J. Ahler v. Charles Steffan Scarborough Et Al.
Plaintiff filed a complaint for declaratory judgment seeking to declare Old Stage Road a public road. Plaintiff sought to use the disputed road to access his property; his property does not abut the road. The plaintiff, asserting that he was also there on behalf of the public, also sought to have the road declared public in order to access defendants’ private property for recreation. Defendants filed a counterclaim seeking a declaratory judgment. Defendants argued that absent a ruling related to defendants’ property rights, the plaintiff and those he represents were likely to interpret any ruling favorable to them as a declaration of their right to trespass upon defendants’ private property for recreational purposes, instead of a public road to gain access to some lawful destination. After a trial, the court held that defendants had shown that public use of the area in question had been abandoned. The disputed road was held to be the private property of defendants. Plaintiff appeals. We affirm. |
Roane | Court of Appeals | |
Sherita Michelle Polk v. Frank Edward Polk
This appeal arises from a divorce between parties with no minor children. The husband appealed raising numerous issues related to property division. He also challenges the trial court’s denial of his request for alimony. The appellate record contains no transcript or statement of evidence that complies with Rule 24 of the Tennessee Rules of Appellate Procedure. Further the husband’s brief is woefully deficient. Because of the husband’s failure to comply with the Tennessee Rules of Appellate Procedure and the Rules of this Court, there is no basis upon which to conclude that the evidence preponderates against the findings of the chancery court and the rulings based thereon. We affirm the judgment of the chancery court and remand the case for further proceedings consistent with this opinion. |
Madison | Court of Appeals | |
State of Tennessee v. Billy Eugene Cook, Jr.
The Appellant, Billy Eugene Cook, Jr., appeals the trial court’s revocation of his probation for aggravated burglary, contending that the trial court erred by denying a continuance of the revocation hearing and by revoking his probation on his first violation. Upon review, we affirm the judgment of the trial court. |
DeKalb | Court of Criminal Appeals | |
State of Tennessee v. Ashton Montrell Jones
Defendant, Ashton Montrell Jones, appeals from the trial court’s order denying Defendant’s Tennessee Rule of Criminal Procedure 36 motion (“Rule 36 motion”) to correct a clerical error in a community corrections revocation order. The trial court summarily denied the motion without an evidentiary hearing on the sole basis of “lack of jurisdiction.” Under the particular circumstances of this case, we reverse the trial court’s order and remand to the trial court for proper consideration of the motion. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Cedrick Dewayne Whiteside
Defendant, Cedrick Dewayne Whiteside, was found guilty of driving under the influence of an intoxicant, criminal impersonation, driving on a cancelled, suspended, or revoked, license, and failure to exercise due care. On appeal, he argues that the evidence presented at trial was insufficient for the trier of fact to find him guilty of driving under the influence of an intoxicant and for failure to exercise due care. In light of the evidence presented, we uphold Defendant’s driving under the influence conviction but reverse and dismiss the jury’s finding of failure to exercise due care. |
Henderson | Court of Criminal Appeals | |
In Re Nicholas C. Et Al.
The trial court terminated the parental rights of Mother and Father to their four children on the grounds of abandonment by failure to visit, substantial noncompliance with the permanency plan, and failure to manifest the ability and willingness to assume custody of the children. On appeal, we conclude that there is clear and convincing evidence to support all three grounds as well as the trial court’s best interest determination. We, therefore, affirm the trial court’s decision. |
Cocke | Court of Appeals | |
James M. Morris v. Tennessee Board of Probation & Parole
This appeal involves a petition for writ of certiorari filed in chancery court by a prisoner after he was denied parole. The chancery court concluded that the petition was timely filed but found that the issues presented were moot and lacked substantive merit. The prisoner appeals. For the following reasons, we affirm the trial court’s order of dismissal on other grounds. |
Davidson | Court of Appeals | |
State of Tennessee v. Roger F. Johnson
Following a bench trial in the Grundy County Circuit Court, the Defendant, Roger F. Johnson, was convicted as charged of indecent exposure, a Class B misdemeanor. He was subsequently sentenced to a six-month sentence, with service of forty-five days in jail prior to serving the remainder of the sentence on supervised probation. On appeal, the Defendant argues: (1) the indictment fails to charge an offense because it does not include the correct mens rea; (2) the indictment is duplicitous; and (3) the evidence is insufficient to sustain his conviction. We affirm the judgment of the trial court. |
Grundy | Court of Criminal Appeals | |
State of Tennessee v. Brandon Garrard
On April 2, 2018, the Defendant, Brandon Garrard, was found guilty of delivery of more than 0.5 grams of methamphetamine within 1,000 feet of a park and conspiring to introduce contraband into a penal facility. The trial court sentenced the Defendant as a Range III, career offender to concurrent terms of 60 years for the delivery charge and 12 years for the conspiracy charge. On appeal, the Defendant argues that the evidence is insufficient to sustain the delivery charge based on the jury verdict form and that the trial court erred in imposing a 60-year sentence. The State concedes that the Defendant was improperly sentenced. After thorough review, we remand for resentencing and affirm the trial court’s judgments in all other aspects. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Corderro Avant and Davario Fields aka Davario McNeary
Defendants, Corderro Avant and Davario Fields, aka Devario McNeary, appeal from their convictions for one count of first degree murder, one count of attempted first degree murder resulting in seriously bodily injury, nine counts of attempted first degree murder, and eleven counts of employing a firearm during the commission of a dangerous felony after shots were fired at a house in Memphis. As a result of the resulting convictions, Defendants were sentenced to effective sentences of life plus twenty-one years. In their direct appeal, Defendants challenge: (1) the trial court’s limitation of cross-examination regarding activity at the home prior to the shooting; (2) the trial court’s decision to allow the alleged child victims to sit in the courtroom; (3) the trial court’s decision to allow the State to use cell phone location data obtained without a warrant; (4) the dismissal of a juror after he told the trial court that he recognized a person identified as an unavailable witness; (5) the trial court’s comments to the jury about deliberation; and (6) the sufficiency of the evidence.1 After hearing oral arguments and a full review, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ricky Jordan
Defendant, Ricky Jordan, was convicted after a jury trial of aggravated sexual battery of a victim less than thirteen years of age and was sentenced to serve eleven years at 100 percent. On appeal, Defendant claims that the trial court committed plain error when it did not exclude evidence of other incidents of sexual contact between Defendant and the victim that occurred during the time period set forth in the indictment and that the evidence was insufficient to support his conviction. After a thorough review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Quadarious Devonta Bufford
The Defendant, Quadarious Devonta Bufford, was convicted by a Gibson County Circuit Court jury of first degree felony murder during the perpetration of aggravated child abuse and sentenced by the trial court to life imprisonment. On appeal, he argues that the evidence was insufficient to sustain his conviction, and the State committed reversible error by failing to make an election of offenses. Following our review, we affirm the judgment of the trial court. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Jerry Reginald Burkes
Jerry Reginald Burkes, Defendant, appeals from the order of the trial court that was entered after the case was remanded for resentencing. Following the resentencing hearing, the trial court denied Defendant’s request to serve his sentence on community corrections and ordered Defendant to serve his eighteen-year sentence in incarceration. Defendant claims the trial court erred by not allowing him to introduce proof at the resentencing hearing concerning certain out-of-state convictions used by the trial court at the first sentencing hearing to establish that Defendant was a Range II offender. We affirm the trial court’s judgment. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. David Keith Walker
The Defendant, David Keith Walker, pled guilty to aggravated burglary, theft of property valued at $500 or less, burglary, vandalism, and two counts of theft of property valued at $1,000 or more. The trial court imposed a total effective sentence of fifteen years’ incarceration. On appeal, the Defendant contends that he is a suitable candidate for alternative sentencing pursuant to the statutory considerations outlined in Tennessee Code Annotated section 40-35-103. Following our review, we affirm the trial court’s denial of alternative sentencing. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Christopher Colligan
Defendant, Christopher Colligan, appeals following the trial court’s revocation of his eight-year community corrections sentence. Defendant contends that the trial court erred by failing to award sentencing credit for his time served in the community corrections program from June 27, 2014, to March 29, 2017, and from October 4, 2017, to April 27, 2018. Following a thorough review, we affirm the judgment of the trial court, as modified, and remand for entry of an amended judgment awarding sentencing credits from October 4, 2017, to April 27, 2018. |
Davidson | Court of Criminal Appeals |