In Re Estate of Billy Hawk, Jr. Et Al v. Chambliss Bahner & Stophel, P.C.
The appellants sued the appellee, a law firm, alleging that the law firm committed legal malpractice when it gave the appellants legal advice with regard to the tax implications of a stock sale. The law firm filed two motions for summary judgment arguing that the legal malpractice case was barred by the applicable statute of limitations. Both motions were denied when the trial court determined that a genuine issue of material fact existed. The case proceeded to a jury trial, and the jury found that the legal malpractice case was timely filed but that the law firm had not committed legal malpractice. Upon our diligent review of the record, we affirm. |
Hamilton | Court of Appeals | |
Christopher A. Duncan v. State of Tennessee
The Petitioner, Christopher A. Duncan, appeals from the Cheatham County Circuit |
Cheatham | Court of Criminal Appeals | |
Peggy Mathes et al. v. 99 Hermitage, LLC
This appeal raises a thorny question about adverse possession. Under that doctrine, a party may gain legal title or a defensive possessory right to real property by maintaining exclusive, actual, adverse, continuous, open, and notorious possession of the property for a certain length of time. At issue here is the adversity requirement. The original plaintiff in this case, Ora Eads, Jr., obtained legal title to a commercial property near downtown Nashville years ago but did not register the deed. About two decades later, the individual who sold the property to Mr. Eads defaulted on a loan, and his creditor obtained a judgment lien against the property, which was eventually sold to enforce the lien. Plaintiffs argue that Mr. Eads adversely possessed the property during the intervening years. Defendant, the subsequent purchaser of the property, disagrees and argues that Mr. Eads’s possession was not adverse. We agree with defendant. Adversity, for purposes of both common-law and statutory adverse possession, requires either a conflict of title or a controversy about the right to possess the property. Because neither existed here for the requisite time period, we reverse the Court of Appeals’ contrary decision and reinstate the chancery court’s judgment in favor of defendant. |
Davidson | Supreme Court | |
Peggy Mathes et al. v. 99 Hermitage, LLC (Dissenting)
I agree with the majority that, to acquire legal title or a defensive possessory right to real property through adverse possession, the Plaintiffs must show Mr. Eads had “exclusive, actual, adverse, continuous, open, and notorious” possession of the property for the requisite time. I disagree with the majority’s conclusion that Mr. Eads’s possession of the property was not “adverse.” 1 I would hold Mr. Eads has met the requirements to show a hostile or adverse possession for common-law and statutory adverse possession.2 |
Davidson | Supreme Court | |
In Re Cartier H., Et Al.
This is the second appeal involving termination of the mother’s parental rights to her two children. In the first appeal, this Court vacated the trial court’s finding that the mother failed to manifest an ability and willingness to assume custody of the children and that termination was in the children’s best interest. We remanded the case for the trial court to make additional factual findings and conclusions of law. On remand, the trial court entered an amended order with additional findings and conclusions. The mother appeals again. We affirm. |
Davidson | Court of Appeals | |
In Re Violet R.
A father appeals the termination of his parental rights to his child. The trial court found clear and convincing evidence that the father abandoned his child by failure to visit. The court also determined that termination was in the child’s best interest. We affirm. |
Hamilton | Court of Appeals | |
James Nicholas Howard v. Ama Narvarte Howard
The parties to this appeal separated in 2019 and executed a separation agreement requiring |
Montgomery | Court of Appeals | |
Lisa Ann Welch v. William Mark Welch
The trial court found multiple counts of criminal contempt stemming from Husband’s failure to submit to court-ordered drug and alcohol testing. It fined him $7,100.00 and sentenced him to fifty days in jail. On appeal, Husband contends that the court’s order holding him in contempt lacked sufficient factual findings. He also contends that the orders requiring testing were ambiguous and unclear and that there was insufficient proof that his failure to submit to testing was willful. Finally, he challenges the punishment because of its impact on his parenting time. We affirm the finding of criminal contempt in part as modified and vacate the sentence. |
Shelby | Court of Appeals | |
State of Tennessee v. Andrew James Skaalerud
The Defendant, Andrew James Skaalerud, appeals from the Davidson County Criminal Court’s probation revocation of the three-year sentence he received for his guilty-pleaded conviction for possession with intent to sell or to deliver alprazolam. On appeal, the Defendant contends that the trial court abused its discretion by revoking his probation and ordering him to serve the remainder of his sentence in confinement. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Derrick Lee Johnson
Derrick Lee Johnson, Defendant, appeals from the Rutherford County Circuit Court’s judgment revoking his probation and ordering him to serve the balance of his probationary sentence of eight years in confinement. On appeal, Defendant argues the trial court abused its discretion by improperly considering Defendant’s indicted charges instead of the ones for which he was ultimately convicted, and by failing to consider whether alternative sentencing would serve the ends of justice. After review, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Eric Lee Hoosier, Sr.
The defendant, Eric L. Hoosier, Sr., was found guilty by a Montgomery County jury of criminal attempt to commit first-degree murder, criminal attempt to commit second-degree murder, employment of a firearm during a dangerous felony, reckless endangerment, and reckless endangerment firing a deadly weapon. The trial court imposed an effective sentence of seventy years in confinement. On appeal, the defendant contends the trial court erred in excluding character evidence of a victim, in denying the defendant’s motions for judgment of acquittal and new trial, and in sentencing the defendant to the maximum sentence within the range. The defendant also contends the evidence presented at trial was insufficient to support his convictions. Following our review, we affirm. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Gregory Cornielus Thompson
The Defendant, Gregory Cornielus Thompson, pled guilty to two counts of robbery. The trial court imposed an effective sentence of eight years and placed the Defendant on probation. Thereafter, the Defendant was arrested and convicted of driving under the influence of an intoxicant and felony evading arrest. Following a hearing, the trial court revoked his suspended sentences in full and ordered the original sentences into execution. On appeal, the Defendant argues that a complete revocation of his sentences was an abuse of discretion. We respectfully disagree and affirm the judgments of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Dedrick Wiggins
The pro se Defendant, Dedrick Wiggins, appeals the summary denial of his Tennessee Rules of Criminal Procedure 36.1 motion to correct an illegal sentence. Because the Defendant has not raised a colorable claim for Rule 36.1 relief, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
In Re Keira F. et al.
A mother appeals a juvenile court’s decision to terminate her parental rights to two of her children based on three statutory grounds. She also challenges the juvenile court’s finding by clear and convincing evidence that termination of her parental rights was in the best interests of the children. Discerning no error, we affirm the juvenile court’s termination of the mother’s parental rights. |
Davidson | Court of Appeals | |
Michelle Miller v. Carlos Durand
This is an accelerated interlocutory appeal as of right. Michelle Miller, pursuant to Rule 10B of the Rules of the Supreme Court of Tennessee, appeals from the trial court’s denial of her motion for recusal. Discerning no error upon our review of the petition for recusal appeal, we affirm. |
Carter | Court of Appeals | |
Marshall G. Tate v. State of Tennessee
After remand by the Tennessee Supreme Court, we reconsider Petitioner’s, Marshall G. Tate’s, appeal from the Franklin County Circuit Court’s order denying him post-conviction relief. On appeal, Petitioner argues he received ineffective assistance of counsel when he pleaded guilty to driving with a blood alcohol concentration of .08 percent or more (DUI per se). Petitioner also argues counsel’s ineffective assistance rendered his guilty plea unknowing and involuntary. Following our review of the record, the parties’ briefs, and the applicable law, we affirm the judgment of the post-conviction court. |
Franklin | Court of Criminal Appeals | |
In Re Logan F.
This appeal concerns a petition to terminate a father’s parental rights. The trial court found by clear and convincing evidence that four grounds for termination existed: (1) abandonment by failure to visit; (2) abandonment by failure to support; (3) incarceration under a ten-year sentence; and (4) failure to manifest an ability and willingness to assume custody or financial responsibility. The trial court also found that termination was in the best interest of the child. The father appeals. We reverse the trial court’s finding that clear and convincing evidence established the grounds of abandonment by failure to visit and abandonment by failure to support. However, we affirm its findings that the remaining grounds were proven and that termination was in the best interest of the child. |
Maury | Court of Appeals | |
In Re Bentley E.
This is a termination of parental rights and adoption case. Appellant/Father appeals the |
Obion | Court of Appeals | |
In Re Bentley E. - Dissent
The Majority Opinion concludes that the trial court erred in finding clear and |
Obion | Court of Appeals | |
Jack Scott v. Tennessee Department of Transportation
The Tennessee Department of Transportation terminated a preferred service employee. Following the Step I and Step II appeals, the Board of Appeals upheld the termination. The employee petitioned for judicial review in the trial court. The trial court initially affirmed the Board of Appeals’ decision. The trial court then granted the employee’s motion to alter or amend and reversed the decision of the Board of Appeals. We reverse the trial court’s order. |
Trousdale | Court of Appeals | |
State of Tennessee v. Jermaine Mitchell Gray
The Appellant, Jermaine Mitchell Gray, appeals his conviction of the sale of 0.5 grams or more of methamphetamine for which he received a sentence of ten years’ imprisonment. He argues: (1) the evidence is insufficient to support his conviction; (2) the State failed to reveal the existence and identity of a second confidential informant in violation of Brady v. Maryland, 373 U.S. 83 (1963); and (3) the trial court denied his right of allocution before sentencing. We additionally deny appointed counsel’s July 18 motion to withdraw as counsel in this case. After review, we affirm the trial court’s judgment. |
Hardin | Court of Criminal Appeals | |
Craig Charles Et Al. v. Raymond Keith McCrary Et Al.
Defendant appeals a jury verdict finding him liable for breach of contract and fraudulent inducement. We affirm the jury verdict, but reverse, in part, the trial court’s denial of attorney’s fees to the plaintiffs under the parties’ contract. We also award the plaintiffs their attorney’s fees incurred on appeal under Tennessee Code section 27 1-122. |
Washington | Court of Appeals | |
State of Tennessee v. Noah Rashad Lyles
The defendant, Noah Rashad Lyles, pleaded guilty to theft of property between $1,000 and $2,500, and the trial court imposed a sentence of three years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court erred in denying his request for alternative sentencing. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals | |
Michael Vitellaro v. Donna Goodall
The Plaintiff suffered significant injuries after falling through a plastic, debris-covered skylight embedded in the roof of the Defendant’s shop building. The Plaintiff sued the Defendant homeowner, alleging that the debris-covered skylight constituted a dangerous condition and that the Defendant failed to warn of its existence prior to the accident. After the Plaintiff did not call the Defendant as a witness and rested his case in chief, the Defendant sought a directed verdict, arguing that the Plaintiff could not establish that the Defendant had actual or constructive notice of the condition. The trial court agreed and granted the Defendant’s motion. Viewing the proof in the light most favorable to the Plaintiff, as required at this stage of the proceeding, we conclude that the trial court erred in granting a directed verdict. We remand for further proceedings. |
Wilson | Court of Appeals | |
State of Tennessee v. Cedric Price a/k/a Cedric Hopgood
The Defendant appeals as of right his jury conviction of reckless homicide for which he received a sentence of twelve years’ incarceration. The sole issue presented for our review is whether the evidence was sufficient to support the conviction. Upon our review, we affirm. |
Madison | Court of Criminal Appeals |