Alonzo Quawndell Vinson v. State of Tennessee
Petitioner, Alonzo Quawndell Vinson, appeals the post-conviction court’s dismissal of his petition for post-conviction relief following an evidentiary hearing. The sole ground for relief presented at the hearing was that Petitioner’s sentence for aggravated assault, imposed pursuant to a negotiated plea agreement, is illegal, and the judgment of conviction is therefore void. After a thorough review of the record and the briefs, we affirm the judgment of the post-conviction court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Randall Mason Nunn
Defendant, Randall Mason Nunn, pursuant to a plea agreement, pled guilty in the Criminal Court of Sullivan County to misdemeanor theft of services, a Class A misdemeanor, and to the Class A misdemeanor offense of failure to appear. Pursuant to the agreement, he received concurrent sentences of 11 months and 29 days with a 75% service of the effective sentence prior to eligibility for work release, furlough, trusty status, and related rehabilitative programs. The issue of whether Defendant would serve his sentence totally in confinement or by some other alternative sentence was to be determined by the trial court on a later date announced in open court and acknowledged by Defendant. Defendant, whowas represented by counsel throughout the proceedings, failed to appear for his scheduled sentencing hearing, or for any of the three subsequently scheduled sentencing hearings. Each time Defendant’s counsel announced that Defendant had just reported to counsel that Defendant’s child had a medical condition which required Defendant’s presence at hospitals in Knoxville and later in Nashville. The trial court held the last scheduled hearing with Defendant absent and ordered Defendant to serve his entire sentence. Defendant appeals, arguing he should have been granted alternative sentencing. We affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of TN ex rel Patricia Kimbrough v. Brian Hales
In 1991, the parties divorced via a Final Decree which decreed that the husband was not the father of the wife’s expected child. In 2010, the State moved toestablish the husband’s paternity and for Rule 60.02 relief. The trial court denied the State’s requests finding the 1991 paternity determination res judicata. Because we find the paternity provision void as against public policy, we find the trial court erred in dismissing the State’s Motion to Establish Paternity and its motion for Rule 60.02 relief. The case is remanded for further proceedings consistent with this opinion. |
Carter | Court of Appeals | |
State of TN ex rel Patricia Kimbrough v. Brian Hales - Partial Concurrence
I agree fully with the majority’s conclusions in this case. I write separately only because I would use different reasoning for holding that the trial court erred in applying the doctrine of unclean hands. |
Carter | Court of Appeals | |
State of Tennessee v. Joshua Shell
Defendant, Joshua Shell, appeals from the trial court’s order which revoked Defendant’s probation and ordered him to serve by incarceration his effective sentence of four years for one count of burglary, three counts of vehicle burglary, and four counts of theft. The State concedes error in the trial court’s proceedings and admits the case must be remanded for a probation violation hearing. We agree and reverse the judgment of the trial court and remand for a probation violation hearing. |
Union | Court of Criminal Appeals | |
In the Matter of: Steven P.D. (D.O.B. 02/24/2007 and Dalton D. (D.O.B. 05/19/2008), Children Under Eighteen (18) Years of Age
This is a termination of parental rights case. The trial court concluded that it was in the best interests of the children to terminate the parental rights of Mother and Father on the grounds of abandonment by incarcerated parents, substantial noncompliance with the permanency plans, and persistence of conditions. On appeal, Mother and Father argue that DCS did not clearly and convincingly prove grounds for termination. Father further argues that DCS did not clearly and convincingly prove that termination was in the best interests of the children. Finally, Mother and Father argue that DCS failed to make reasonable efforts to reunify them with their children. After thoroughly reviewing the record, we affirm. |
Henry | Court of Appeals | |
Terry Mullins v. Alfred L. Locke, et al
Terry Mullins (“the Plaintiff”) filed this action seeking a declaratory judgment and an injunction to prohibit landowners (collectively “the Defendants”) to his south from using a driveway they constructed across his property. Following a bench trial, 1 the court dismissed the Plaintiff’s complaint. The court held that the proof established that the Defendants had a prescriptive easement over the Plaintiff’s property. The Plaintiff appeals. We remand to the trial court for the purpose of allowing that court to correct a defect in the record. |
Rhea | Court of Appeals | |
Griffith Services, LLC, et al v. Arrow Gas & Oil, Inc.
This appeal is from an order of the trial court entered February 23, 2012, which order denied the motion of the plaintiffs below, as later supplemented, seeking to amend, alter or set aside a prior order of the trial court dismissing the plaintiffs’ complaint. The order appealed from is not a final order. Accordingly, the plaintiffs’ appeal is hereby dismissed. |
Anderson | Court of Appeals | |
Wells Fargo Bank, N.A. v. Mark L. Holton, et al
The defendants filed a notice of appeal in the trial court seeking to appeal the court’s order of May 11, 2012. That order is not a final judgment. Accordingly, the defendants’ putative appeal is hereby dismissed. |
Hamilton | Court of Appeals | |
J.M. Hanner Construction Co. v. Thomas Brothers Construction Co.
The plaintiff filed suit against the defendants to recover monies alleged to be due the plaintiff on two construction projections. The first complaint was involuntarily dismissed. The defendants averred that the plaintiff’s claims against them in the second complaint are barred by the doctrine of res judicata. The trial court found that the involuntary dismissal was not an adjudication on the merits. The defendants pursued this interlocutory appeal. We affirm the decision of the trial court. |
Hamilton | Court of Appeals | |
Charles Raymond Loveday, et al v. Blount County, Tennessee, et al
Charles Raymond Loveday and his wife, Virginia Hope Loveday (collectively “the Plaintiffs”), filed this action in January 2011 against Blount County and the Blount County School Board (collectively “the Defendants”) to recover for flood damage to their property allegedly caused by the construction of a new school next to the Plaintiffs’ property. The school was built in 2007. The Plaintiffs allegedly sustained “permanent” damage in 2008, 2009 and 2010. The Defendants filed a motion to dismiss asserting that the action was barred by the statute of limitations for a taking. The trial court granted the motion. The Plaintiffs appeal. We affirm. |
Blount | Court of Appeals | |
Deborah Mason Hawkins, as Administratrix of the Estate of Wayne Hawkins, Deceased, and Deborah Mason Hawkins, Individually, v. Rodney A. Martin, M.D., et al.
The trial court granted Defendants’ motion to dismiss in this medical malpractice action where Plaintiff failed to attach a HIPPA compliant medical authorization to her notice to Defendants prior to filing her complaint as required by Tennessee Code Annotated 29-26-121. Plaintiff appeals. We vacate and remand for further proceedings. |
Shelby | Court of Appeals | |
Erie Insurance Exchange v. Gary Rose, Individually and d/b/a American Masonry and Capital Builders, LLC
Defendant in a lawsuit filed in Williamson Countyappeals the dismissal of its separate action filed in Davidson County seeking a declaratory judgment; the Davidson County action was dismissed on the basis of prior suit pending. Finding no error, we affirm. |
Davidson | Court of Appeals | |
In Re Ashley E., Robert E., Jr. and Evan E.
Parents appeal the termination of their parental rights to three children, contending that the court erred in finding that the Department of Children’s Services complied with the notice requirements of Tenn. Code. Ann. § 37-2-403. We affirm the judgment terminating parental rights. |
Montgomery | Court of Appeals | |
In Re Estate of Robert Beazley, Jr.
This case concerns a dispute over attorney’s fees. Attorney, who was hired to represent a client in connection with the probate of her uncle’s estate, sued his former client and the beneficiaries of the estate under theories of civil conspiracy and inducement of breach of contract. Court found in favor of attorney and held the attorney was entitled to $20,000 in damages. The court trebled the damages in accordance with Tenn. Code Ann. § 47-50-109. Finding that the evidence preponderates against the trial court’s holding regarding inducement of breach of contract, we reverse the judgment of the trial court. |
Davidson | Court of Appeals | |
Barry W. Bethel, et al. v. Neill Sandler Buick Pontiac GMC, Inc., et al.
This is an appeal of a jury verdict in favor of Plaintiff in an action for misrepresentation and breach of contract. The jury returned a general verdict finding Defendant liable and awarding Plaintiff $62,083.18 in compensatory damages. Defendant appeals, asserting that the elements of misrepresentation are not supported by the evidence and that the jury was improperly instructed on the issue of damages. We hold there is substantial and material evidence in supportof a finding that Defendant breached the contract between the parties and affirm the jury’s verdict in all respects. |
Rutherford | Court of Appeals | |
Phedrek Davis v. State of Tennessee
The Petitioner, Phedrek Davis, appeals from the Davidson County Criminal Court’s summary dismissal of his petition for writ of error coram nobis. In this appeal as of right, the Petitioner contends that the coram nobis court erred by summarily dismissing his petition. Following our review, we affirm the judgment of the coram nobis court. |
Davidson | Court of Criminal Appeals | |
Tommy Lee Pendleton v. State of Tennessee
Petitioner, Tommy Lee Pendleton, pled guilty to two counts of aggravated sexual battery and received concurrent sentences of fourteen years. He filed a petition for post-conviction relief alleging that his trial counsel provided ineffective assistance of counsel by failing to file a bill of particulars, by failing to obtain an expert witness to review the statements of the child victim, and by failing to spend adequate time investigating the case and preparing for trial. He further contends that his guilty pleas were involuntary because trial counsel’s errors tainted the plea process. Finally, he claims that the trial court should not have accepted his plea in light of his hesitance during the guilty plea hearing. Discerning no error in the proceedings, we affirm the judgment of the post-conviction court. |
Franklin | Court of Criminal Appeals | |
Mickel Hoback v. City of Chattanooga
The City Commission terminated plaintiff as a police officer. He then filed a certiorari petition to the Chancery Court, where the Chancellor held that the Commission applied the wrong legal standard to the case, and the Chancellor reversed the Commission and ordered plaintiff to be reinstated as a policeman. On appeal, we affirm the Trial Court's ruling that the Commission applied the wrong legal standard to the facts of the case, but vacate the reinstatement of the officer and remand to the City Commission to apply the proper legal standards in a new trial in plaintiff's case. |
Hamilton | Court of Appeals | |
Roger D. Roach v. Don Bunch, et al
Plaintiffs who own homes in Mallard Baye subdivision, brought this action against defendants who had constructed a septic system on several of the residential lots serving other properties, alleging that defendants acted in violation of the restrictive covenants of their subdivision. Following a bench trial, the Trial Court held that the defendants' construction of the septic system violated the subdivision restrictive covenants, and the defendants appealed. On appeal, we affirm the Judgment of the Trial Court. |
Grainger | Court of Appeals | |
In the Matter of: Alijah K.F.
Because the order appealed is not a final judgment, we dismiss this appeal for lack of jurisdiction. |
Shelby | Court of Appeals | |
O'Rane M. Cornish, Sr. v. Steven C. Cooper, et al.
Appellant filed his Notice of Appeal one day past the deadline imposed by Rule 4 of the Tennessee Rules of Appellate Procedure. Accordingly, this Court lacks jurisdiction and we must dismiss this appeal. |
Shelby | Court of Appeals | |
Heritage Operating, LP v. Henry County Propane Gas, Inc., et al.
The trial court entered an order granting Plaintiff’s motion to compel discovery and for discovery sanctions, and stated that the order was final under Tennessee Rules of Civil Procedure 54.02. Defendant did not file a notice of appeal within 30 days of entry of the trial court’s order. Plaintiff subsequently filed a notice of voluntary nonsuit. Defendants filed a notice of appeal within 30 days of the trial court’s entry of an order of voluntary dismissal, and appeal the trial court’s award of discovery sanctions to Plaintiff. We hold that the order awarding sanctions was not an effective final judgment under Rule 54.02. Defendants’ appeal accordingly is timely. We vacate the award of sanctions and remand for further proceedings. |
Henry | Court of Appeals | |
Michael Jones v. State of Tennessee
The Petitioner, Michael Jones, appeals the Shelby County Criminal Court’s denial of post-conviction relief from his conviction for second degree murder and resulting thirty-year sentence. The Petitioner contends that he received the ineffective assistance of counsel and that his guilty plea was unknowing, involuntary, and unintelligent because he received the ineffective assistance of counsel. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Gabriel Demon Williams
The Defendant, Gabriel Demon Williams, pled guilty to aggravated burglary, and the trial court sentenced him to five years of split confinement, with eleven months and twenty-nine days to be served in jail followed by intensive probation. The Defendant’s probation officer filed a probation violation warrant that alleged that the Defendant had violated the terms of his probation by being arrested for aggravated assault and driving on a suspended license. After a hearing, the trial court revoked the Defendant’s probation and ordered the Defendant to serve the balance of his sentence in confinement. On appeal, the Defendant contends that the trial court improperly considered hearsay evidence during the revocation hearing and that its revocation order is contrary to the evidence. After reviewing the record, we affirm the trial court’s judgment. |
Hamilton | Court of Criminal Appeals |