In Re Aaliyah R.
Mother appeals the termination of her parental rights. The trial court found four grounds for termination of Mother’s parental rights: substantial noncompliance with the requirements of the permanency plan, failure to support financially, failure to provide a suitable home, and persistence of conditions; the court also determined that termination was in the best interest of the child. Mother appeals arguing the evidence is insufficient to establish any of the grounds and that termination was in the child’s best interest. We have determined that the evidence clearly and convincingly supported two of the grounds, that of substantial noncompliance with the requirements of the permanency plan and persistence of conditions. We have also determined that termination was in the child’s best interest. Therefore, we affirm the termination of Mother’s parental rights. |
Rutherford | Court of Appeals | |
State of Tennessee v. William Creggar Snodgrass
Appellant, William Creggar Snodgrass, was convicted of attempted rape, a Class C felony. The trial court sentenced appellant to eight years to be served in the Tennessee Department of Correction. On appeal, appellant argues that: (1) the trial court erroneously instructed the jury regarding flight; (2) the trial court erred in allowing testimony from an unsequestered witness; and (3) the evidence at trial was insufficient to support his conviction. Following our review of the parties’ briefs, the record, and the applicable law, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Charles Calhoun v. State of Tennessee
Petitioner, Charles Deon Calhoun, pled guilty to two counts of aggravated robbery. He then filed a pro se petition for post-conviction relief, alleging ineffective assistance of counsel. The post-conviction court summarily dismissed the petition for failing to state a colorable claim for relief. Petitioner appealed, arguing that the court erred in dismissing his petition without holding an evidentiary hearing and without appointing counsel to assist in presenting his claim. Upon review of the record, we affirm the decision of the post-conviction court dismissing the petition. |
Davidson | Court of Criminal Appeals | |
Tavares D. Braden v. State of Tennessee
Following a jury trial, petitioner, Tavares D. Braden, was convicted of the sale of less than 0.5 grams of cocaine, possession with intent to sell 0.5 grams or more of cocaine, promoting prostitution, possession of marijuana, and evading arrest, for which he received an effective eighteen-year sentence. Following an unsuccessful direct appeal, he filed a petition for post-conviction relief claiming two instances of ineffective assistance of counsel: (1) failure to advise him of his potential sentence exposure and (2) failure to adequately prepare for trial and prepare a defense. After an evidentiary hearing, the post-conviction court denied relief. Following our review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jonathan T. Deal
Jonathan T. Deal (“the Defendant”) filed a motion to correct an illegal sentence. The trial court summarily denied the Defendant’s motion, and this appeal followed. Upon our thorough review of the record and applicable law, we conclude that the Defendant set forth a colorable claim. Accordingly, we remand this matter to the trial court for further proceedings pursuant to Tennessee Rule of Criminal Procedure 36.1. |
Polk | Court of Criminal Appeals | |
STATE OF TENNESSEE v. JACQUELINE M. HIYAMA
The appellant, Jacqueline M. Hiyama, was indicted on alternative counts of driving under the influence (DUI) pursuant to Tennessee Code Annotated section 55-10-401(a)(1) and (a)(2). She filed a pretrial motion to suppress all evidence obtained as a result of her arrest, asserting that the arresting officer did not have reasonable suspicion to stop her vehicle. The trial court denied the appellant’s motion. The appellant pled guilty to the indicted offense reserving a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) concerning whether the stop of the appellant’s vehicle by law enforcement was lawful. After review, we conclude that the trial court did not err in denying the appellant’s motion to suppress and affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
Jay Wilfong v. CRK Real Estate , LLC, Et Al
This case arose out of a contract for the sale of real estate. The contract included a provision requiring the buyer to make “commercially reasonable efforts” to sell the property, and to split any profits with the seller if the property was resold within 36 months. The buyer did not sell the property, and the seller brought suit, raising numerous claims, including breach of contract, breach of fiduciary duty, violations of the Real Estate Settlement Practices Act (RESPA), the Truth in Lending Act (TILA), the Fair Debt Collection Practice Act, the Consumer Protection Act, RICO, wrongful foreclosure, promissory fraud, civil conspiracy, collusion, intentional infliction of emotional distress, constructive trust, conversion and unjust enrichment. After a hearing, the trial court granted the buyer’s motion to dismiss thirteen of the seller’s claims, denied the motion to dismiss another six of his claims, and certified its order as final for the purposes of appeal under Tenn. R. Civ. P. 54.02. We affirm the trial court. |
Wilson | Court of Appeals | |
State of Tennessee v. Glenn Climer, Jr.
Appellant, Glenn Climer, Jr., was indicted by the Rutherford County Grand Jury with attempted second degree murder, attempted aggravated child abuse, child abuse, assault, and resisting arrest. Appellant was convicted of attempted voluntary manslaughter, attempted aggravated child abuse, child abuse, assault, and resisting arrest. As a result, he was sentenced to a total effective sentence of twenty-six years, eleven months, and twenty-nine days. After the denial of a motion for new trial, Appellant sought this appeal. On appeal, the following issues are presented for our review: (1) whether the evidence is sufficient to support Appellant’s convictions for attempted voluntary manslaughter, attempted aggravated child abuse, and child abuse; (2) whether the trial court erred by allowing counsel for the State to present an improper argument; (3) whether Appellant’s conviction for child abuse violates double jeopardy; and (4) whether the trial court properly sentenced Appellant. After a review of the issues raised on appeal, this Court determines that the evidence was sufficient to support the offenses; Appellant waived any issue with regard to improper argument by failing to object at trial; Appellant’s convictions do not violate double jeopardy; and the trial court did not abuse its discretion in sentencing Appellant. Consequently, the judgments of the trial court are affirmed. |
Rutherford | Court of Criminal Appeals | |
David Frazier v. State of Tennessee
The Defendant, David Frazier, appeals as of right from the Polk County Criminal Court’s summary dismissal of his motion to correct an illegal sentence. See Tenn. R. Crim. P. 36.1. The Defendant contends that the trial court erred by dismissing his motion without a hearing. The State concedes that the trial court erred. Following our review, we reverse the judgment of the trial court and remand the case for a hearing on the Defendant’s motion. |
Polk | Court of Criminal Appeals | |
Tina Wilder v. Union County Board of Education
This appeal arises from the dismissal of a tenured teacher. The Union County Board of Education (“the Board”) dismissed Tina Wilder (“Wilder”) following an incident involving underage drinking at Wilder’s lake cabin. Wilder, contesting her dismissal, filed a petition for writ of certiorari in the Chancery Court for Union County (“the Trial Court”). The Trial Court concluded that the evidence sustained Wilder’s dismissal. Wilder raises several issues on appeal. We hold, inter alia, that Wilder was afforded due process, that the Trial Court applied the correct standard of review, and that the evidence supported the Trial Court’s decision. We affirm the judgment of the Trial Court. |
Union | Court of Appeals | |
Kathy D. Palmore v. Linda K. Neal, Et Al.
Former employee brought an action for retaliatory discharge and intentional interference with employment. The trial court dismissed the complaint pursuant to Tenn. R. Civ. P. 12.02(6). Having determined the complaint failed to state a claim upon which relief can be granted, we affirm the dismissal. |
Wilson | Court of Appeals | |
Terry R. Whitefield v. State of Tennessee
The petitioner, Terry R. Whitefield, appeals the denial of post-conviction relief from his 2012 Davidson County Criminal Court |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Christopher Lee Richardson
The defendant, Christopher Lee Richardson, appeals his Bedford County Circuit Court jury convictions of attempted theft of property valued at $1,000 or more but less than $10,000; disorderly conduct; simple possession of a Schedule IV controlled substance; resisting arrest; simple possession of a Schedule VI controlled substance; and attempted promotion of the manufacture of methamphetamine, claiming that the trial court erred by failing to grant his motion to sever the counts of the indictment; that the trial court erred by refusing to disqualify a juror; that the evidence is insufficient to support his convictions of attempted theft of property and attempted promotion of the manufacture of methamphetamine; and that the sentence is excessive. Discerning no error, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Paul Epps
The Defendant, Paul Epps, appeals the trial court’s revocation of his probation and reinstatement of his original two-year sentence in the Department of Correction. On appeal, the Defendant argues that the record does not contain substantial evidence to show that a violation of probation occurred and that the trial court erred in failing to consider a disposition other than incarceration after revoking his probation. Upon our review, we affirm the judgment of the trial court. |
Fayette | Court of Criminal Appeals | |
Guy Graves v. State of Tennessee
The Petitioner, Guy Graves, appeals from the denial of post-conviction relief by the Madison County Circuit Court. He was convicted of two counts of burglary and received an effective sentence of twenty-four years in the Tennessee Department of Correction. On appeal, the Petitioner argues that he received ineffective assistance of counsel. Upon review, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Billy Joe Harris
Following a bench trial, the Defendant-Appellant, Billy Joe Harris, was convicted in the Obion County Circuit Court of violation of the sexual offender registry, a Class E felony. See T.C.A. § 40-39-208 (2012). The trial court imposed a one-year sentence with ninety days to be served in the county jail and the balance to be served on community corrections. The sole issue presented for our review is whether the evidence is sufficient to support the conviction. Upon review, we affirm the judgment of the trial court. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Robert D. Ewing and Anthony T. Ewing
Robert D. Ewing (“Defendant Robert”) and Anthony T. Ewing (“Defendant Anthony”) (collectively “the Defendants”) each pleaded guilty to sexual exploitation of a minor. The Defendants reserved a certified question of law as to whether information received several months prior to obtaining and executing a search warrant was too stale to support probable cause. Pursuant to plea agreements, the trial court sentenced each of the Defendants to two years, suspended to supervised probation. This Court consolidated the Defendants’ appeals. Upon our thorough review of the record and applicable law, we reject the Defendants’ challenges to the search warrant and affirm the judgments of the trial court. |
Bradley | Court of Criminal Appeals | |
Cornelius O. Williams v. State of Tennessee
The petitioner, Cornelius O. Williams, appeals the denial of his petition for post-conviction relief. He alleges that he received ineffective assistance of counsel because his guilty plea was unlawfully induced and involuntarily made. After thoroughly reviewing the record, we conclude that the petitioner entered a knowing and voluntary plea of guilty and affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Shawn Thompson
The defendant, Shawn Thompson, was convicted after a jury trial of three counts of attempted voluntary manslaughter, a Class D felony; one count of reckless endangerment with a deadly weapon, a Class E felony; and one count of employing a firearm during the commission of a dangerous felony, a Class C felony. The trial court ordered the defendant’s attempted voluntary manslaughter convictions to run concurrently with one another, but ordered the reckless endangerment conviction to run consecutively to the first three counts and the weapons conviction to run consecutively to all counts. On appeal, the defendant asserts error in the trial court’s failure to dismiss the weapons charge in light of what he asserts is a material variance; in the trial court’s failure to charge the jury on the issue of self-defense; in the State’s improper argument to the jury; and in the trial court’s allegedly erroneous consideration of non-statutory factors in imposing a consecutive sentence. After a thorough review of the record, we affirm the judgments of the trial court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Wayne Rowe
The defendant, Jeffrey Wayne Rowe, pleaded guilty to four counts of aggravated burglary, one count of attempted aggravated burglary, one count of vandalism, and two counts of misdemeanor theft, and the Marshall County Circuit Court sentenced him as a Range I, standard offender to a term of 10 years’ imprisonment. On appeal, the defendant challenges the manner of service of his sentence. Discerning no error, we affirm. |
Marshall | Court of Criminal Appeals | |
Jerry Beech v. John Doe
The plaintiff in this case brought suit to recover uninsured motorist benefits. The insurance company moved for summary judgment contending that the plaintiff was not entitled to coverage because he was not “upon” the insured vehicle so as to “occupy” it. The trial court granted summary judgment in favor of the insurance company and we affirm. |
Maury | Court of Appeals | |
In Re: Conservatorship of Maurice M. Acree, Jr.
The trial court approved and affirmed the final accounting of a trust held in a conservatorship estate and closed the conservatorship following the death of the Ward. We affirm. |
Davidson | Court of Appeals | |
Larry W. Anderson v. State of Tennessee
Petitioner, Larry W. Anderson, pled guilty to one count of aggravated burglary and one count of evading arrest in a motor vehicle with a risk of death or injury to others and was sentenced by the Davidson County trial court to serve ten years as a Range III, persistent offender. Subsequently, Petitioner filed a pro se petition for writ of habeas corpus in Lauderdale County, alleging that his sentence was void because of the State’s failure to give notice of intent to seek enhanced punishment and because the original trial court did not enter judgment until more than forty-five days after Petitioner had entered his guilty plea. The habeas corpus court summarily dismissed the petition without an evidentiary hearing. Petitioner appeals the dismissal of his petition for writ of habeas corpus. Upon review of the record, we find that the Petitioner has failed to state a cognizable claim and affirm the decision of the habeas corpus court dismissing the petition. |
Lauderdale | Court of Criminal Appeals | |
William H. Fleming v. Tejinder Saini, M.D. and Healthquest Clinic
This is an appeal from the denial of a post-judgment motion. The defendants filed a motion to dismiss the plaintiff’s lawsuit. At the hearing on the motion, the plaintiff agreed to dismissal of his lawsuit. The trial court entered an order dismissing the lawsuit and assessing court costs against the plaintiff. The plaintiff filed a timely motion to alter or amend, asking the trial court to reconsider the award of court costs; this was denied. The plaintiff filed a second motion to alter or amend, again seeking reconsideration of the award of court costs; this request for reconsideration was denied as well. The plaintiff now appeals the trial court’s order on the second post-judgment motion. Discerning no error, we affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Harold D. Doss, Jr. and Jonathan Lamar Hathway
A Davidson County jury convicted Harold D. Doss, Jr., of first degree felony murder, second degree murder, especially aggravated robbery, and especially aggravated kidnapping. The jury convicted Johnathan Lamar Hathaway of first degree felony murder, especially aggravated robbery, and especially aggravated kidnapping. The trial court merged Defendant Doss’s convictions for first degree felony murder and second degree murder and ordered Defendant Doss to serve an effective sentence of life plus thirty years in the Tennessee Department of Correction. The trial court ordered Defendant Hathaway to serve an effective sentence of life in the Tennessee Department of Correction. On appeal, Defendant Doss asserts that: (1) the trial court erred when it denied his motion to sever; (2) the evidence is insufficient to support his convictions; (3) the trial court erred when it admitted hearsay evidence; (4) the trial court erred when it permitted the State to amend the indictment during the trial; (5) his dual convictions for especially aggravated kidnapping and especially aggravated robbery violate his right to due process; and (6) the trial court improperly imposed consecutive sentences. Defendant Hathaway asserts that: (1) there is insufficient evidence to support his convictions; (2) the trial court improperly allowed the State to present “unreliable evidence” of cellular telephone tower technology through a Tennessee Bureau of Investigation agent; (3) the trial court erred when it permitted the State to amend the indictment during the trial; (4) there was juror misconduct; and (5) the trial court applied the incorrect law governing circumstantial evidence. After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Davidson | Court of Criminal Appeals |