In Re: James Carl Cope, BPR #03340
This Court suspended attorney James Carl Cope pursuant to Tennessee Supreme Court Rule 9, section 22.3, based on his federal felony conviction for insider trading and referred the matter to the Board of Professional Responsibility (“Board”) to initiate proceedings to determine his final discipline. A hearing panel (“Panel”) imposed a final discipline of twenty-five months’ suspension, retroactive to the date of his initial suspension by this Court, which was on October 25, 2016. Neither the Board nor Mr. Cope appealed this judgment. The Board petitioned this Court for an order enforcing the Panel’s judgment. Pursuant to Tennessee Supreme Court Rule 9, section 15.4(b) and (c), we determined that the punishment imposed by the Panel appeared inadequate and proposed that it be increased. Mr. Cope subsequently requested oral argument, which we granted. We now consider whether the punishment imposed by the Panel is appropriate under the circumstances of this case and is in uniformity with prior disciplinary decisions in this state. Following a thorough review of the record and the law, we conclude that it is not. Therefore, we modify the Panel’s judgment to impose the twenty-five-month suspension prospectively from the filing of this opinion. |
Supreme Court | ||
In Re Justice H., Et Al.
This appeal concerns the termination of two parents’ parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Stewart County (“the Juvenile Court”) seeking to terminate the parental rights of Joshua H. (“Father”) and Amie H. (“Mother”) to their minor children Justice and Alijah (“the Children,” collectively). After a trial, the Juvenile Court found the ground of severe abuse with respect to both parents. The Juvenile Court also found that termination of Mother’s and Father’s parental rights is in the Children’s best interest. Mother and Father appeal to this Court. Neither parent contests grounds for termination, but both parents challenge the Juvenile Court’s finding that termination of their parental rights is in the Children’s best interest. We find by clear and convincing evidence, as did the Juvenile Court, that termination of Mother’s and Father’s parental rights is in the Children’s best interest. We affirm the judgment of the Juvenile Court. |
Stewart | Court of Appeals | |
State of Tennessee v. Mainor Celin Avilez Canales
The Defendant, Mainor Celin Avilez Canales, was convicted after a jury trial of aggravated sexual battery and sentenced to serve twelve years in prison. The Defendant appeals, contending that the jury instructions did not adequately specify the mens rea of the offense and that the trial court improperly enhanced the sentence. After a thorough review of the record, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Leonard Ross
The Defendant, Leonard Ross, appeals the Hamilton County Criminal Court’s summary denial of his pro se motion to correct an illegal sentence for his 1993 convictions for especially aggravated robbery, attempted second degree murder, and burglary and his effective thirty-five-year sentence. The Defendant contends that the trial court court erred by summarily dismissing his motion. We affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Larry Eugene Haynes
The Defendant, Larry Eugene Haynes, appeals the Sevier County Circuit Court’s order revoking his probation for his forgery and misdemeanor theft convictions and ordering him to serve the remainder of his effective six-year sentence in confinement. The Defendant contends that the trial court abused its discretion by ordering his sentence into execution. We affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Elijajuan Smith
The Defendant, Elijajuan Smith, appeals the Hamilton County Criminal Court’s order revoking his probation for his burglary of a business and vandalism convictions and ordering him to serve his effective four-year sentence in confinement. The Defendant contends that the trial court abused its discretion by revoking his probation. We affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Fred E. Smith, Jr.
Defendant, Fred E. Smith, Jr., is appealing the trial court’s denial of his motion to correct an illegal sentence filed pursuant to Rule of Criminal Procedure Rule 36.1 The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted. |
Wilson | Court of Criminal Appeals | |
In Re: Jury Venire for the Week of July 24, 2017
The trial court ordered the Appellant to pay its employee for the full twelve hours of a work shift excused due to the employee’s jury service. For the reasons stated herein, we vacate the trial court’s judgment and order that the case be dismissed. |
Davidson | Court of Appeals | |
State of Tennessee v. Joshua Thidor Cross
The State of Tennessee appeals the Knox County Criminal Court’s imposition of an eleven months, twenty-nine days’ confinement at 75% service for theft of property valued at more than $500 but less than $1000. See T.C.A. §§ 39-14-103 (2014) (theft); 39-14-105 (2014) (amended 2017) (grading of theft). On appeal, the State contends that the trial court erred by sentencing the Defendant pursuant to the amended version of the grading of theft statute that became effective after the commission of the offense. However, we have concluded that this court lacks jurisdiction to consider the issue because no appeal of right lies for the State pursuant to Tennessee Rule of Appellate Procedure 3 or Tennessee Code Annotated section 40-35-402. As a result, we dismiss the appeal. |
Knox | Court of Criminal Appeals | |
Anne Shacklett v. Anthony A. Rose, Et Al.
This is a slip-and-fall case. An employee of a catering company fell, injuring herself when leaving a private residence after dark as she attempted to traverse an outside staircase. The employee brought suit against the homeowners, and the homeowners filed a motion for summary judgment. The trial court granted the homeowners’ motion, concluding that the homeowners did not owe the employee a duty of care. Our review of the record has revealed that material, disputed facts remain which render this case inappropriate for summary judgment. Accordingly, we reverse and remand. |
Williamson | Court of Appeals | |
R.C. Ex Rel. Adam Elrod v. State of Tennessee
This action involves a claim filed against the State of Tennessee with the Tennessee Claims Commission. The Commissioner ultimately dismissed the claim with prejudice for failure to advance the case to disposition. The claimant filed a motion for relief from the judgment pursuant to Rule 60.02 of the Tennessee Rules of Civil Procedure.1 The claimant then filed a notice of appeal before the Commissioner ruled upon the motion. We dismiss the appeal for lack of subject matter jurisdiction and remand for further proceedings consistent with this opinion. |
Cocke | Court of Appeals | |
Terra Joy Marie Westfall v. Eric James Westfall
This case involves an order of protection sought by the petitioner against the respondent, who is the petitioner’s husband, on behalf of the petitioner and her three minor children. The trial court initially granted an ex parte order of protection and scheduled the matter for hearing. Following a subsequent bench trial, the trial court extended the ex parte order of protection for a period of one year, but it made no findings of fact or conclusions of law regarding the allegations in the petition or whether the petitioner had met her burden of proof. The petitioner timely appealed. Because the trial court failed to make adequate findings of fact and conclusions of law, we hereby vacate the trial court’s order and remand for entry of sufficient findings of fact and conclusions of law regarding whether the ex parte order of protection should be dissolved or an order of protection, not to exceed one year, be entered pursuant to Tennessee Code Annotated § 36-3-605 (2017). |
Jefferson | Court of Appeals | |
Candace McAllister v. Law Office of Stephen R. Leffler, PC, et al.
This appeal involves a breach of contract action in which the trial court granted summary judgment in favor of the defendant and later dismissed a motion to alter or amend its judgment. The plaintiff appeals the denial of her motion to alter or amend the judgment. We dismiss the appeal for lack of subject matter jurisdiction. |
Shelby | Court of Appeals | |
State of Tennessee v. Jenaline N. Fisher
The Appellant, Jenaline Fisher, is appealing the trial court’s denial of her motion to correct an illegal sentence. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Mark D. Moraca, Alias
The petitioner, Mark D. Moraca, appeals the denial of his motion to expunge the records of his 1994 convictions for simple possession of amphetamine and simple possession of cocaine. Discerning no error, we affirm. |
McMinn | Court of Criminal Appeals | |
State of Tennessee v. Andrew Young Johnson
The petitioner, Andrew Young Johnson, appeals the denial of his petition for writ of error coram nobis, which petition challenged his 1998 convictions of attempted first degree murder and felony reckless endangerment. Discerning no error, we affirm the denial of coram nobis relief. |
Sullivan | Court of Criminal Appeals | |
Candes Prewitt v. Kamal Brown
This is a personal injury action in which the plaintiff seeks to recover damages incurred in an automobile accident. Although several issues are raised, the principal issues on appeal are whether the trial court erred by ordering the plaintiff to submit to an independent medical examination, and whether the court erred by sanctioning the plaintiff for refusing to submit to the examination by prohibiting her from offering any evidence at trial regarding medical bills or medical records related to future pain and suffering, future loss of enjoyment of life, and/or permanent impairment. The case was tried before a jury with the sanctions in place, and the plaintiff was awarded damages in the amount of $500.00 for her past pain and suffering. This appeal followed. Finding no reversible error, we affirm. |
Davidson | Court of Appeals | |
In Re Kah'nyia J., Et Al.
A Mother and Father appeal the termination of their parental rights to their son on the grounds of abandonment by failure to support, substantial noncompliance with a permanency plan, and persistence of conditions. Father also appeals the termination of his rights on the ground of failure to provide prenatal support, and Mother also appeals the termination of her rights to her daughter on the grounds of abandonment by failure to support, substantial noncompliance with a permanency plan, and persistence of conditions. Upon a thorough review of the record, we reverse the termination of both parents’ rights on the ground of persistence of conditions, and the Father’s rights on the ground of failure to provide prenatal support; we affirm the trial court in all other respects. |
Robertson | Court of Appeals | |
In Re Zayne P.
This appeal arises from a Petition to Terminate Parental Rights filed by the foster parents. The Department of Children’s Services removed the child from the mother and father’s custody and placed the child in the custody of the foster parents because, shortly after the child was born, the child tested positive for drugs. On the petition of DCS, the juvenile court adjudicated the child dependent and neglected based on the finding that the parents committed severe child abuse. Thereafter, DCS filed a Petition to Terminate Parental Rights based, in part, on the records provided by the case worker. Subsequently, DCS determined that the case worker had falsely reported that the parents were noncompliant with the permanency plan. Following an inquiry that revealed the parents were in substantial compliance with the permanency plan and that all drug tests were negative, DCS dismissed its petition with court approval. Thereafter, the foster parents commenced a new and independent action to terminate mother and father’s parental rights; the petition also named DCS as a respondent. The foster parents subsequently filed a motion to compel joinder of DCS as a co-petitioner on the ground that Tenn. Code Ann. § 36-1- 113(h)(1)(D) mandated that DCS file a petition to terminate parental rights if a juvenile court has made a finding that the parents committed severe child abuse. DCS opposed the motion on the ground that it had the discretion not to pursue termination of parental rights if a compelling reason existed. The trial court denied the motion, and the case proceeded to trial on the foster parents’ petition. Following trial, the court found that the foster parents proved severe child abuse by clear and convincing evidence; however, the court determined that termination of the parents’ rights was not in the child’s best interests and dismissed the petition. This appeal followed. Having determined that the foster parents failed to prove by clear and convincing evidence that termination of the parents’ rights was in the child’s best interests, we affirm. |
Carroll | Court of Appeals | |
In Re Emma S.
A mother’s parental rights were terminated on the ground of abandonment by willfully failing to visit her daughter. Mother appeals, arguing that the petition initiating the proceeding did not include the notice required by Rule 9A of the Tennessee Rules of Civil Procedure; that the record did not contain clear and convincing evidence that she abandoned her child; and that termination was not in the child’s best interest. Upon our review, we conclude that the proof does not clearly and convincingly establish the ground of abandonment by failure to visit. We reverse the judgment of the trial court and dismiss the petition. |
Rutherford | Court of Appeals | |
City of Lebanon Ex Rel. Philip Craighead v. Derek M. Dodson
This appeal concerns the Tennessee Violence in the Workplace Act. After a citizen was disruptive at several city council meetings, the city filed a petition under the Act, seeking to enjoin the citizen from attending city council meetings and from contacting city officials. The trial court granted an ex parte temporary restraining order and, following an evidentiary hearing, granted an injunction for three years. On its own motion, the court also issued a three-year injunction “separate and apart” from the Act. Because the city failed to meet its burden of proof under the Act and there was no other basis on which to grant injunctive relief, we reverse. |
Wilson | Court of Appeals | |
Geoffrey Cale Vermilyea v. Jessica Lynn Vermilyea
Geoffrey Cale Vermilyea (“Husband”) sued Jessica Lynn Vermilyea (“Wife”) for divorce. After trial, the Chancery Court for Dickson County (“Trial Court”) entered its Final Decree of Divorce on June 13, 2017 (“Final Decree”) declaring the parties divorced, distributing the marital assets, denying Wife’s request to relocate to Canada with the parties’ minor child (“Cale”), denying Wife alimony, and entering a Permanent Parenting Plan with regard to Cale. Wife appeals the Final Decree raising issues regarding the Trial Court’s order denying Wife’s request to relocate to Canada with Cale and denying her an award of alimony. We find and hold that the Trial Court did not err in finding that it was not in Cale’s best interest to relocate to Canada and, therefore, denying Wife’s request to relocate. We further find and hold that the Trial Court did not abuse its discretion in denying Wife alimony. We, therefore, affirm the Final Decree. |
Dickson | Court of Appeals | |
Melvin Braison v. State of Tennessee
The Petitioner, Melvin Braison, appeals the denial of his petition for post-conviction relief, arguing that he was denied the effective assistance of counsel and his guilty pleas were therefore unknowing and involuntary. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Demond Hughes Gunn v. State of Tennessee
The pro se Petitioner, Demond Hughes Gunn, appeals the summary dismissal of his petition for writ of habeas corpus. Following our review, we affirm the dismissal of the petition. |
Hardeman | Court of Criminal Appeals | |
Isaiah Higgs v. State of Tennessee
The Petitioner, Isaiah Higgs, appeals as of right from the Shelby County Criminal Court’s order denying his petition for writ of error coram nobis. We affirm the coram nobis court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Shelby | Court of Criminal Appeals |