Christy D. Naillon v. State of Tennessee
Christy D. Naillon (“the Petitioner”) pleaded guilty to one count of aggravated child abuse. As part of her plea agreement with the State, the trial court sentenced her to fifteen years’ incarceration. The Petitioner subsequently filed for post-conviction relief, which the post-conviction court denied following an evidentiary hearing. The Petitioner now appeals, arguing that her indictment was deficient, that she received ineffective assistance of counsel, and that her guilty plea was not entered knowingly, intelligently, and voluntarily. After reviewing the record and the applicable law, we affirm the judgment of the post-conviction court. |
Sevier | Court of Criminal Appeals | |
In Re: Justin T. H.
This is a termination of parental rights case in which Mother and Stepfather filed a petition to terminate the parental rights of Father to the Child. Following a bench trial, the trial court found that clear and convincing evidence existed to support the termination of Father’s parental rights on the statutory ground of abandonment and that termination of his rights was in the Child’s best interest. Father appeals. We affirm the decision of the trial court. |
Greene | Court of Appeals | |
Maryam Ghorashi-Bajestani v. Masoud Bajestani
This is the second appeal in this post-divorce matter. Wife, Maryam Ghorashi-Bajestani (“Wife”), was granted a divorce from husband, Masoud Bajestani (“Husband”), on April 16, 2009. Following the first appeal to this Court, the case was remanded to the trial court. Various petitions and motions were filed by the parties, seeking modification of the trial court’s valuation of marital property, modification of child support, a lien on husband’s assets to secure his child support and alimony obligations, a finding of contempt, and an award of attorney’s fees. The trial court, inter alia, modified Husband’s child support obligation due to his reduced income, found Husband in contempt for his late payments of child support and alimony, and awarded Wife attorney’s fees. Both parties appeal the trial court’s order. We affirm in part, reverse in part, and remand for further proceedings. |
Hamilton | Court of Appeals | |
Angela Denise Jones v. Mark Allen Jones
Wife signed a marital dissolution agreement that was incorporated into a final divorce decree. After the final decree was entered, wife sought relief from the decree based on assertions that she was entitled to a greater portion of a settlement received by her husband prior to the divorce and that, contrary to the parties’ agreement, there was equity in the marital home. The trial court denied wife’s motion to alter or amend, and we find no abuse of discretion in the trial court’s decision. |
Wilson | Court of Appeals | |
James L. Massingille v. G. Wayne Vandagriff
In this malicious prosecution action, the jury awarded the plaintiff compensatory damages and punitive damages. The trial court affirmed the punitive damages award; the court suggested a remittitur of the compensatory damages award, which the plaintiff accepted under protest. The defendant appeals the finding of liability, the award of damages, the admission of evidence, and the procedure followed by the court in affirming the punitive damages award; the plaintiff appeals the remittitur of the compensatory damages award. Finding that the court erred when it failed to follow the appropriate procedures in affirming the punitive damages award, we vacate the award and remand the case for further proceedings; in all other respects the judgment of the trial court is affirmed. |
Coffee | Court of Appeals | |
IBM Corporation v. Reagan Farr, Commissioner of Revenue, State of Tennessee
Commissioner of Revenue assessed Company a sales and use tax for its sale of a wide area network (“WAN”) service during the period 1998 through 2003 on the basis that the service was a “telecommunication service” as that term is defined in Tenn. Code Ann. § 67-6102(a)(32) (2003). Company denied its WAN constituted a taxable telecommunication service because users were limited to accessing information on geographically remote computers; the WAN did not allow its users to communicate with one another. Following motions for summary judgment, the trial court concluded the WAN service was a taxable telecommunication service. Company appealed, and we reverse the trial court’s judgment. The primary purpose of the WAN was to enable a company’s authorized users to access information related to the company’s business,not to provide communication between users. The fact that Company itself did not provide information does not alter the result. |
Davidson | Court of Appeals | |
State of Tennessee v. Roy Len Rogers
The Defendant, Roy Len Rogers, was convicted by a Rhea County jury of first degree premeditated murder, second degree murder, and reckless endangerment. Subsequently, the trial court merged the second degree murder conviction into the first degree murder conviction and imposed a mandatory life sentence for that conviction and a concurrent term of eleven months and twenty-nine days for the reckless endangerment conviction. In this direct appeal, the Defendant contends (1) that the trial court erred by denying his motion to suppress evidence found during the search of his home; (2) that the evidence was insufficient to support his convictions and that the verdicts were inconsistent; (3) that the trial court erred by refusing to allow the Defendant to play a 911 tape; (4) that the trial court improperly admitted irrelevant photographs of tires of the Defendant’s vehicle; (5) that the State withheld Brady material, specifically the statement of a potential suspect; and (6) that a juror evidenced bias by her actions and body language prior to deliberations. Following our review of the record and the applicable authorities, we determine that there is no reversible error in the judgments of the trial court and affirm. |
Rhea | Court of Criminal Appeals | |
Malbrie Jane Francis, Executrix and in her individual capacity v. Jeffery C. Barnes, et al.
This appeal arises from an action filed by Plaintiff to set aside a quitclaim deed executed by Decedent conveying Decedent’s home to her grandsons. Following a bench trial, the Chancery Court of Fayette County concluded that Decedent was incompetent to execute the deed and that the grandsons exercised undue influence over Decedent to obtain the deed. In a subsequent order, the trial court concluded that the grandsons intentionally defrauded Decedent to obtain Decedent’s signature on the deed and ordered them to pay Plaintiff’s attorney’s fees. On appeal, the grandsons argue that the trial court erred in concluding that Decedent was incompetent to execute the deed and in concluding that the grandsons exercised undue influence over her to obtain the deed. Additionally, the grandsons contend that the trial court erred in concluding that they intentionally defrauded Decedent in order to obtain Decedent’s signature on the deed and in ordering them to pay Plaintiff’s attorney’s fees. Additionally, Plaintiff contends that the grandson’s appeal constitutes a frivolous appeal under Tenn. Code Ann. section 27-1-122. After thoroughly reviewing the record, we affirm the judgment of the trial court. |
Court of Appeals | ||
State of Tennessee v. Chris Nachampasak
Appellant, Chris Nachampasak, was indicted by the Rutherford County Grand Jury for one count of first degree murder, one count of felony murder, four counts of aggravated assault, and one count of reckless endangerment after a drive-by shooting at a graduation party that resulted in the death of a fourteen-year-old child. Appellant subsequently pled guilty to a single count of second degree murder and two counts of aggravated assault in return for the dismissal of the remaining counts of the indictment. In exchange for the guilty pleas, Appellant received an effective sentence of thirty-five years in incarceration. Subsequently, Appellant filed a motion to withdraw the guilty pleas. After a hearing, the trial court denied the motion. Appellant filed a timely notice of appeal challenging the trial court’s denial of the motion to withdraw the guilty pleas. After a review, we determine that the trial court did not abuse its discretion in denying the motion to withdraw the guilty pleas where Appellant failed to show a manifest injustice. Accordingly, the judgment of the trial court is affirmed. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. John Anthony Garrett
The defendant pled guilty to one count of the sale of less than 0.5 grams of cocaine, a Class C felony, one count of delivery of less than 0.5 grams of cocaine, a Class C felony, one count of maintaining a dwelling for purposes of selling controlled substances, a Class D felony, and one count of casual exchange of marijuana, a Class A misdemeanor. After accepting the defendant’s plea, the trial court merged the defendant’s convictions concerning the sale and the delivery of cocaine. Pursuant to his plea agreement, the defendant was sentenced as a Range I, standard offender to five years for the sale of cocaine, three years for maintaining a dwelling for purposes of selling a controlled substance, and eleven months and twenty-nine days for his casual exchange. The trial court ordered the defendant to serve these sentences concurrently, resulting in a total effective sentence of five years. The defendant moved the court for alternative sentencing, but the trial court denied this motion following a hearing and ordered the defendant to serve his sentence in confinement. On appeal, the defendant claims that the trial court erred by denying his motion for alternative sentencing. After carefully reviewing the record and the arguments of the parties, we conclude that the defendant has failed to establish that the trial court abused its discretion. The judgments denying alternative sentencing are affirmed. |
Sullivan | Court of Criminal Appeals | |
Charlotte Ann Goad Human v. Jeffrey Allen Human
After fifteen years of marriage, Charlotte Ann Goad Human (“Wife”) sued Jeffrey Allen Human (“Husband”) for divorce. After a trial, the Trial Court entered its Final Decree of Divorce which, inter alia, declared the parties divorced, divided the marital assets and debts, and entered a Permanent Parenting Plan designating Husband as the primary residential parent for the parties’ two minor children. Wife appeals to this Court alleging that the Trial Court erred in entering a Parenting Plan designating Husband as the primary residential parent when Husband did not request this designation. We find that the evidence does not preponderate against the Trial Court’s findings relative to the Permanent Parenting Plan, and we affirm. |
Morgan | Court of Appeals | |
Leslie Kay Johnson v. Darren Tracy Johnson
This appeal concerns a dispute over the modification of a permanent parenting plan. Leslie Kay Johnson (“Mother”) and Darren Tracy Johnson (“Father”) were divorced in the Chancery Court for Monroe County (“the Trial Court”). A permanent parenting plan was entered regarding the parties’ minor child (“the Child”). Mother was designated as the primary residential parent with the parties to have equal parenting time with the Child. Mother later filed an emergency petition for custody and contempt, alleging that the Child had severe anxiety about going to see Father. Father filed a motion to dismiss, arguing that because Mother failed to file a proposed parenting plan contemporaneously with her petition as required by statute, Mother’s petition should be dismissed. Both Mother and Father ultimately filed proposed parenting plans with Father’s being submitted with his own Petition for Change in Co-Parenting Time. The Trial Court denied Father’s motion to dismiss. After a hearing on the competing petitions, the Trial Court modified the parenting plan to grant Mother more time with the Child. Father appeals. We hold that the Trial Court had jurisdiction to decide Mother’s petition and that the Trial Court did not err in modifying the existing parenting plan. We affirm the Trial Court. |
Monroe | Court of Appeals | |
Tommy Lee Page v. State of Tennessee
Petitioner, Tommy Lee Page, was indicted by a Davidson County Grand Jury for one count of sale of a controlled substance in a Drug Free School Zone. He entered a guilty plea to the reduced charge of the sale of a controlled substance weighing less than .5 grams. Pursuant to the plea agreement, Petitioner was sentenced to fifteen years as a Range II, multiple offender. Petitioner subsequently filed a petition for post-conviction relief arguing that he was afforded ineffective assistance of counsel and that he entered his guilty plea unknowingly and involuntarily. After a thorough review of the record, we conclude that Petitioner has failed to prove any of his allegations that counsel’s representation was ineffective and we conclude that his plea was entered knowingly and voluntarily. Therefore, we affirm the post-conviction court’s denial of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Bruce Anton Parks, Jr.
A Bradley County Criminal Court Jury convicted the appellant, Bruce Anton Parks, Jr., of aggravated rape and aggravated robbery, and the trial court sentenced him to twenty-five years and six years, respectively, to be served consecutively. On appeal, the appellant contends that the evidence is insufficient to support the convictions, that the trial court committed plain error by failing to declare a mistrial when the State questioned a police officer about whether anyone had provided an alibi for the appellant, and that his effective thirty-one-year sentence is excessive. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court. |
Bradley | ||
Charles Nash v. State of Tennessee
Charles Nash (“the Petitioner”) filed a petition for post-conviction relief from his convictions for first degree murder and especially aggravated robbery. After an evidentiary hearing, the post-conviction court denied relief. The Petitioner appealed, claiming that he is entitled to relief because his lawyer provided ineffective assistance of counsel with regard to a motion to suppress, in failing to object to the State’s closing arguments, and in failing to present a defense of duress. Upon our thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
Eileen King, as Natural Parent and Next of Kin of Haley King v. Kenneth Foht, et al.
After her daughter was attacked by a tenant’s dog, the mother plaintiff sued the tenant and the property owners. The trial court granted summary judgment in favor of the property owners based upon a lack of knowledge/notice of the dog’s vicious propensities. For the following reasons, we reverse the grant of summary judgment and we remand for further proceedings. |
Shelby | Court of Appeals | |
Tennessee Asphalt Company v. Brian Fultz
This is a breach of contract case in which Company sought to hold Defendant personally liable for the amount remaining on a contract. During Company’s proof-in-chief, Defendant used parol evidence attempting to show that while he signed the contract, the parties understood that he was signing as a representative of his business. Following Company’s presentation of its proof, Defendant moved for involuntary dismissal pursuant to Rule 41 of the Tennessee Rules of Civil Procedure. The trial court granted Defendant’s motion, finding that Company failed to establish that Defendant was personally liable. Company appeals. We affirm the decision of the trial court. |
Knox | Court of Appeals | |
State of Tennessee v. Joshua Lynn Pitts
Following a bench trial, the trial court convicted the Defendant, Joshua Lynn Pitts, of driving under the influence (“DUI”). The trial court sentenced the Defendant to serve eleven months and twenty-nine days of probation after serving forty-eight hours in jail. On appeal, the Defendant contends that the trial court erred when it denied his motion to suppress the evidence obtained pursuant to an illegal stop of his vehicle. After thoroughly reviewing the record and applicable authorities, we conclude that the officer had reasonable suspicion to stop the Defendant’s vehicle. As such, we conclude that the trial court did not err when it denied the Defendant’s motion to suppress, and we affirm the trial court’s judgment. |
Rutherford | Court of Criminal Appeals | |
Johnny L. McGowan v. State of Tennessee
Pro se petitioner, Johnny L. McGowan, appeals the Davidson County Criminal Court’s summary dismissal of his petition for post-conviction relief. On appeal, the Petitioner asserts that the statute of limitations should be tolled because his claim is based on a constitutional right that did not exist at the time of his plea, and further contends that the post-conviction court erred in failing to appoint counsel prior to dismissal. Upon review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Christopher Lee Shaw
A Davidson County jury convicted the Defendant-Appellant, Christopher Lee Shaw, of possession of more than twenty-six grams of cocaine with the intent to sell or deliver within 1,000 feet of a child care agency, a Class B felony; evading arrest while operating a motor vehicle, a Class E felony; and possession of drug paraphernalia, a Class A misdemeanor. Shaw received an effective sentence of fifteen years in the Tennessee Department of Correction. The sole issue presented for our review is whether the evidence supporting Shaw’s drug-related convictions was sufficient to establish constructive possession. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Pierrette L. Wessels
After a bench trial, the Williamson County Circuit Court convicted the appellant, Pierrette L. Wessels, of driving under the influence (DUI), DUI per se, and failing to obey a traffic control device. The trial court merged the DUI per se conviction into the DUI conviction and sentenced the appellant to eleven months, twenty-nine days to be served as forty-eight hours in jail and the remainder on supervised probation. For failing to obey a traffic control device, the trial court sentenced the appellant to thirty days on probation to be served concurrently with the DUI sentence. On appeal, the appellant contends that the trial court erred by failing to grant her motion to suppress evidence. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Ginger Ilene Hudson Stump
The Defendant-Appellant, Ginger Ilene Hudson Stump, was indicted by a Bedford County Grand Jury for twenty-six counts of forgery. See T.C.A. § 39-14-114 (Supp. 2011). Pursuant to her plea agreement, Stump entered guilty pleas to six Class E felonies (counts 3, 7, 11, 13, 17, 19) involving more than $500 but less than $1,000 and one Class D felony (count 25) involving $1,000 or more but less than $10,000, with the trial court to determine the length and manner of service of the sentences. As a part of this agreement, the State dismissed the remaining nineteen forgery counts. Following a sentencing hearing, the trial court sentenced Stump as a career offender to twenty-four years in the Tennessee Department of Correction. On appeal, Stump argues that the trial court abused its discretion in denying her an alternative sentence and in denying her a community corrections sentence. Upon review, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Michael Alan Burleson
The appellant, Michael Alan Burleson, pled guilty to three counts of aggravated burglary of a vehicle and was sentenced to a total of five years to be served on community corrections. Thereafter, the trial court revoked the sentences and ordered the appellant to serve the balance of his sentence in confinement. On appeal, the appellant contends the trial court abused its discretion by denying an alternative sentence. Upon review, we affirm the judgments of the trial court. |
Blount | Court of Criminal Appeals | |
Charles Edward Graham v. State of Tennessee
The pro se petitioner, Charles Edward Graham aka Charles Edward Stevenson, appeals as of right from the Knox County Criminal Court’s order denying his petition for writ of error coram nobis alleging that newly discovered evidence concerning the judicial misconduct of a trial judge affected the outcome of his 2005 jury trial and 2010 post-conviction evidentiary hearing. The State has filed a motion to affirm the trial court’s order pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the order of the trial court. |
Knox | Court of Criminal Appeals | |
Level 3 Communications, LLC v. Richard Roberts, Commissioner of Revenue, State of Tennessee
Company providing dial-up and broadband Internet services to Internet Service Providers that in turn provided these services to end-users sought refund of sales taxes it had paid to the State from January 2001 through March 2004 on the ground that its services did not constitute “telecommunications” or “telecommunication services” as those terms are defined in Tenn. Code Ann. § 67-6-102(a)(32). Both the Company and the State filed motions for summary judgment and the trial court granted the Company’s motion. The trial court found the Company provided Internet access services, the services were “enhanced” rather than “basic” services, and the true object of the services was not telecommunications. We affirm the trial court’s judgment. |
Davidson | Court of Appeals |