In the Matter of Lakita E. P. and Michael A. P.
A father’s parental rights to his two children were terminated on the grounds of abandonment by engaging in conduct exhibiting a wanton disregard for the welfare of the children, non-compliance with the permanency plan, and severe child abuse against children who resided with Father. He appeals, contending that the Department of Children’s Services failed to expend reasonable efforts to reunite him with the children and that termination of his rights was not in the children’s best interest. Finding no error, we affirm the judgment of the trial court. |
Clay | Court of Criminal Appeals | |
Patsy Freeman, Personal Representative & Administratrix of the Estate of John R. Freeman v. CSX Transportation, Inc. et al.
After a lengthy trial, the trial court determined that the decedent was more than 50% at fault for the collision that resulted in his death. The evidence does not preponderate against the trial court’s findings and we therefore affirm. |
Bedford | Court of Appeals | |
State of Tennessee v. Albert Lamont Bennett, Jr.
A Davidson County Criminal Court Jury convicted the appellant, Albert Lamont Bennett, Jr., of attempted aggravated assault and attempted aggravated burglary. The trial court sentenced the appellant as a Range III, persistent offender to ten years for each offense, to be served consecutively, for a total effective sentence of twenty years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his convictions and the sentences imposed by the trial court. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Brian Wesley Lacey v. State of Tennessee
Petitioner, Brian Wesley Lacey, appeals from the trial court’s dismissal of his petition for post-conviction relief following an evidentiary hearing. Petitioner asserts he received ineffective assistance of counsel at the trial and on appeal. After a thorough review, we affirm the judgment of the trial court dismissing the petition for post-conviction relief. |
Davidson | Court of Criminal Appeals | |
Antonio Angel Onate v. State of Tennessee
Petitioner, Antonio Angel Onate, appeals from the Davidson County Circuit Court’s summary dismissal of his petition for post-conviction relief after a 2011 guilty plea to facilitation to sell cocaine weighing less than .5 grams. Petitioner argues that the trial court erred by concluding that the petition was untimely and that the one-year statute of limitations was not tolled. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Sandeep Gadhok v. Zameer Merchant
The trial court granted Defendant’s motion to dismiss for lack of prosecution. We affirm. |
Shelby | Court of Appeals | |
Darryl Jerome Moore v. State of Tennessee
The Petitioner, Darryl Jerome Moore, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his guilty pleas to conspiracy to deliver 300 grams or more of cocaine, possession with intent to deliver 300 grams or more of cocaine, conspiracy to deliver 300 pounds or more of marijuana, money laundering, possession with intent to deliver ten pounds or more of marijuana, and unlawful possession of a weapon after having been convicted previously of a felony drug offense, and his resulting effective sentence of ninety-three years in confinement. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel and that he pled guilty unknowingly and involuntarily. Based upon the record and the parties’ briefs, we affirm the post-conviction court’s denial of the petition. |
Davidson | Court of Criminal Appeals | |
Wilma Ann Vance v. Donah Howard Arnold
The trial court dismissed Husband’s post-judgment motion based on its conclusion that it lacked subject matter jurisdiction. We reverse. |
Campbell | Court of Appeals | |
State of Tennessee v. Samuel Glass
In this appeal as of right, the State contends that the trial court erred by setting aside the jury verdicts of attempted second degree murder and entering judgments of acquittal for those counts based upon the doctrine of transferred intent. Also in this appeal, the defendant challenges his convictions of first degree premeditated murder, felony murder, and attempted first degree murder on grounds that the evidence was insufficient to support those convictions. Because the trial court erred by setting aside the jury verdicts of attempted second degree murder, the judgments effecting those verdicts and the 12-year sentences are reinstated. The judgments of the trial court are affirmed in all other respects. |
Knox | Court of Criminal Appeals | |
William Paul Eblen v. State of Tennessee
The Petitioner, William Paul Eblen, appeals from the Knox County Criminal Court’s denial of his petition for writ of error coram nobis. The Petitioner contends that the coram nobis court erred in concluding that testimony from two witnesses alleging that the victim later recanted her allegations against the Petitioner was not credible. Following our review, we affirm the judgment of the coram nobis court. |
Knox | Court of Criminal Appeals | |
Fred Barnes v. Herbert Hamm
This appeal concerns the circuit court’s dismissal of an appeal from the general sessions court. We dismiss the appeal for failure to comply with Rule 29 of the Tennessee Rules of Appellate Procedure. |
Shelby | Court of Appeals | |
State of Tennessee v. Billy Wayne Vestal
Appellant, Billy Wayne Vestal, entered a guilty plea to aggravated assault without a recommended sentence. Following the sentencing hearing, the trial court sentenced him to serve five years in the Tennessee Department of Correction (“TDOC”). Appellant challenges the sentence as being excessive. Upon our review, we discern no error and affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Sarah Lynn Hannon
Appellant, Sarah Lynn Hannon, pleaded guilty to possession with intent to sell or deliver 0.5 grams or more of cocaine in exchange for a sentence of ten years and dismissal of all remaining charges. Per the terms of the plea agreement, the parties left determination of the manner of service of her sentence to the trial court. Following a sentencing hearing, the trial court ordered that appellant serve her ten-year sentence in the Tennessee Department of Correction. It is from this judgment that appellant now appeals. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Randy Clayton Norman v. State of Tennessee
The Petitioner, Randy Clayton Norman, appeals the Maury County Circuit Court’s denial of his petition for post-conviction relief from his conviction of second degree murder and resulting fifteen-year sentence. On appeal, the Petitioner contends that he received the ineffective assistance of trial and appellate counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Maury | Court of Criminal Appeals | |
Shelvy Baker v. State of Tennessee
The Petitioner, Shelvy Baker, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his conviction of second degree murder and resulting twenty-five-year sentence. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
The Metropolitan Government of Nashville & Davidson County, Tennessee v. Metropolitan Nashville Education Association
County board of education filed a declaratory judgment action seeking declaration that the high school principal’s decisions to re-assign certain extracurricular sponsorships were not subject to arbitration under the collective bargaining agreement between the board of education and the education association. The trial court entered judgment in the board of education’s favor and the education association appealed. We affirm. |
Davidson | Court of Appeals | |
IN RE: Adoption of Alexander M. S. F. et al
The mother and stepfather of two children filed a petition to terminate the parental rights of the children’s father on the ground of abandonment. The trial court terminated father’s rights on the grounds that he willfully failed to visit the children and paid only token support for the children in the four months preceding the filing of the petition. After a careful review of the record and the applicable law, we reverse the trial court, finding there is not clear and convincing proof that father’s lack of visitation was willful. We further hold that father’s payment of $697.76 in child support during the relevant time period was not mere “token support.” |
Hickman | Court of Appeals | |
In Re: Aspyn S. J.
Mother challenges the decision of the trial court terminating her parental rights to her daughter, Aspyn S.J. We find clear and convincing evidence to support the trial court’s determination that Mother abandoned her child by willfully failing to provide support and that termination of Mother’s parental rights is in the best interest of the child. |
Wayne | Court of Appeals | |
Richard McGarity and Teresa McGarity v. Corbin Jerrolds and Amber Jerrolds
This is a grandparent visitation case. The trial court awarded visitation to paternal grandparents on the basis of a finding of severe emotional harm to the child if visitation was not granted. The child’s mother and adoptive father appeal. We affirm the trial court’s ruling with regard to the evidentiary and procedural issues, but reverse as to the finding of a likelihood of severe emotional harm. Affirmed in part, reversed in part, and remanded. |
Shelby | Court of Appeals | |
State of Tennessee v. Franklin D. Moore
The Defendant-Appellant, Franklin D. Moore, was convicted by a Madison County jury of driving under the influence (DUI), fourth offense, and sentenced to two years in the Tennessee Department of Correction. The sole issue presented for our review is whether the evidence is sufficient to support the conviction. Upon our review, the judgment of the trial court is affirmed. |
Madison | Court of Criminal Appeals | |
Greg Parker, et al. v. Holiday Hospitality Franchising, Inc., et al.
This is a premises liability case in which Plaintiffs alleged that a shower bench in Hotel collapsed, causing Husband to fall and sustain injuries. Plaintiffs filed suit against Defendant, claiming negligence. Defendant filed a motion for summary judgment, asserting that he did not install the bench and did not have actual or constructive notice of the independent contractor’s negligent installation of the bench. The trial court granted the motion for summary judgment and dismissed the case. Plaintiffs appeal. We reverse the decision of the trial court and remand for further proceedings. |
Roane | Court of Appeals | |
In Re: Johnny K.F. - Dissenting
The termination of Father’s parental rights was based upon his alleged abandonment of the Child because he had engaged in conduct prior to incarceration that exhibited a wanton disregard for the Child’s welfare. The majority held that the trial court improperly relied upon this ground of abandonment because the termination petition merely alleged abandonment for failure to visit and to submit child support. I respectfully disagree. |
Hamilton | Court of Appeals | |
In Re: Johnny K.F.
Grandparents Johnny F. and Sharon E. F. (“the Petitioners”) filed a petition in the Chancery Court for Hamilton County (“the Trial Court”) seeking to terminate the parental rights of Shawn L. F. (“Father”) and Shauna L. F. (“Mother”) to the minor child Johnny K. F. (“the Child”). After trial, the Trial Court entered an order finding and holding, inter alia, that clear and convincing evidence existed to terminate Father’s and Mother’s parental rights under Tenn. Code Ann. § 36-1-102 (1)(A)(iv) with respect to Father and Tenn. Code Ann. § 37-1- 102 (b)(23) and Tenn. Code Ann. § 36-1-113 (g)(3) with respect to Mother, and that termination was in the best interests of the Child. Father and Mother appeal to this Court. We reverse, in part, and vacate, in part, the judgment of the Trial Court and remand for a new trial. |
Hamilton | Court of Appeals | |
State of Tennessee v. Kurt Gadke
The Defendant-Appellant, Kurt Gadke, entered a guilty plea to driving under the influence (DUI) in exchange for a sentence of eleven months and twenty-nine days probation after service of forty-eight hours in jail. As a condition of his guilty plea, the Defendant-Appellant reserved a certified question of law challenging the denial of his motion to suppress which was based upon an alleged unconstitutional stop and arrest. Following our review, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
Randy Lynn Shelby v. State of Tennessee
Petitioner, Randy Lynn Shelby, timely filed a pro se petition for post-conviction relief which attacked his convictions for two counts of aggravated burglary and one court of especially aggravated kidnapping. After appointment of counsel and the filing of an amended petition, the trial court held an evidentiary hearing, at which only Petitioner and his trial counsel testified. The trial court dismissed the petition for post-conviction relief and Petitioner appeals. We affirm. |
Montgomery | Court of Criminal Appeals |