Freida Louise Climer v. Stephen Franklin Climer
This is a divorce action. Husband appeals the trial court’s division of marital property and award of alimony to Wife. Discerning no error, we affirm. |
Madison | Court of Appeals | |
Romglobal, Inc. Et Al. v. Steve Miller Et Al.
The plaintiff corporation filed an action for breach of contract, claiming that the defendants had failed to recognize the plaintiff’s ownership in a limited liability company that was allegedly based on an oral agreement between the plaintiff and defendants. The trial court dismissed the plaintiff’s claims, determining that the plaintiff had failed to present clear and convincing evidence establishing the parties’ agreement that the plaintiff would have an ownership interest in the company. The plaintiff has appealed. Discerning no reversible error, we affirm. |
Sevier | Court of Appeals | |
Deborah Balzer v. Joseph Balzer
Following a divorce, husband and wife agreed that wife was to receive monthly alimony payments from husband for eight and a half years. The last four years of payments were contingent upon husband attaining the rank of airline captain. The type of alimony awarded was never specified. Wife later remarried and cohabitated with her new husband. Husband filed for a modification alleging that the alimony was transitional alimony and therefore statutorily modifiable upon wife’s cohabitation with a third person. See Tenn. Code Ann. § 36–5–121(g)(2)(C) (2019). Wife instead argued that the alimony awarded was alimony in solido and therefore not modifiable except by agreement of the parties. See Tenn. Code Ann. § 36–5–121(h)(2). The trial court held that the expressly conditional nature of the alimony rendered it more properly classifiable as transitional alimony. The court terminated husband’s alimony obligation based upon wife’s remarriage and cohabitation with her new husband. Wife appeals. Discerning no error, we affirm. |
Sevier | Court of Appeals | |
Bonnie Harmon, Et Al. v. Hickman Community Healthcare Services, Inc.
In this healthcare liability action, the trial court held that the plaintiffs’ sole expert witness was not competent to testify on causation and for that reason granted summary judgment to the defendant. The plaintiffs then filed a motion to alter or amend, proffering causation testimony from a new expert witness. The trial court denied the motion to alter or amend, and the plaintiffs appealed. The Court of Appeals, in a split decision, reversed the trial court’s denial of the motion to alter or amend. This Court granted permission to appeal. A trial court’s decision on a motion to alter or amend is reviewed under an abuse of discretion standard; this standard of review does not permit the appellate court to substitute its judgment for that of the trial court. We hold that the trial court’s decision in this case was within the range of acceptable alternative dispositions of the motion to alter or amend and was not an abuse of the trial court’s discretion. For this reason, we reverse the Court of Appeals and affirm the decision of the trial court. |
Hickman | Supreme Court | |
State of Tennessee v. Palace R. Chandler
The Defendant, Palace R. Chandler, was charged with theft of property valued at $2,500 or more but less than $10,000. See Tenn. Code Ann. § 39-14-103. Following a bench trial, the Defendant was found guilty and sentenced to a three-year suspended sentence to be served on community corrections. On appeal, the Defendant contends that error exists because there was no proof showing the victim did not consent to the Defendant’s taking the property. Following our review, we affirm the judgment of the trial court; however, we remand this case to correct the judgement to reflect the full measure of the Defendant’s pre-trial jail credit. |
Davidson | Court of Criminal Appeals | |
Brenda Merriweather v. UGN, INC., ET AL.
Brenda Merriweather (“Employee”) alleged she injured her left knee in the course and scope of her employment with UGN, Inc. (“Employer”). Following the trial, the trial court determined Employee did not satisfy her burden of proving causation and therefore dismissed the case. Employee appeals. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the trial court’s judgment. |
Madison | Workers Compensation Panel | |
State of Tennessee v. Jermaine Nelson Buford
Jermaine Nelson Buford, Defendant, appeals from his convictions for possession of .5 grams of more of cocaine with intent to sell, aggravated assault, felony evading arrest, evading arrest, vandalism of property over $500, and simple possession. On appeal, Defendant argues, among other things, that (1) the State violated State v. Ferguson by failing to preserve an audio recording of the drug transaction that formed the basis of the indictment; (2) the trial court erred by refusing to give the missing witness instruction when the confidential informant did not testify at trial; and (3) the State committed a Brady violation by failing to disclose witness information. After a review, we determine Defendant has waived several issues for failure to either raise them in the trial court and/or properly present argument or authority to support the issues in this Court. As to the remaining issues, we determine Defendant is not entitled to relief. However, we remand the matter to the trial court for entry of a corrected judgment form for the conviction for vandalism. |
Davidson | Court of Criminal Appeals | |
In Re: Kelsea L.
This appeal involves the termination of a father’s parental rights based on the ground of abandonment by willful failure to visit and willful failure to support. The father appeals. We reverse the trial court’s finding of willful failure to support but affirm the trial court’s finding of willful failure to visit and its determination that termination of parental rights is in the best interest of the child. Accordingly, we affirm termination of the father’s parental rights. |
Hawkins | Court of Appeals | |
State of Tennessee v. LaToya Ann Shelton
The Defendant, LaToya Ann Shelton, was convicted by a Bedford County jury of the sale or delivery of .5 grams or more of cocaine, a Class B felony; two counts of the sale or delivery of less than .5 grams of cocaine, a Class C felony; the possession of .5 grams or more of cocaine with the intent to sell or deliver, a Class C felony; simple possession of marijuana, a Class A misdemeanor; and possession of drug paraphernalia, a Class A misdemeanor. The trial court sentenced the Defendant as a Range II, multiple offender to an effective term of twenty years in the Department of Correction. On appeal, the Defendant challenges the sufficiency of the convicting evidence and argues that the twenty-year sentence of incarceration is excessive. Following our review, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
Joel David Cormier v. Pat Hankins Et Al.
A prisoner filed suit against a fellow inmate and several county defendants. The county defendants filed a motion to dismiss for failure to state a claim. The trial court granted the motion to dismiss and dismissed the prisoner’s cause of action as to the county defendants. The prisoner appealed. Because the order appealed does not dispose of all of the prisoner’s claims against all defendants, we dismiss the appeal for lack of a final judgment. |
Greene | Court of Appeals | |
Brent G. Pitchford v. Loves Truck Stop
This appeal arises out of an inmate’s lawsuit alleging that an employee of Loves Truck Stop filed a false police report. The trial court dismissed the suit on September 4, 2019, for failure to file an affidavit of indigency and failure to comply with Tenn. Code Ann. § 41-21-407. The inmate, Brent G. Pitchford, filed a notice of appeal with the clerk of this court on December 16, 2019. |
Davidson | Court of Appeals | |
Richard Terry Woodson v. State of Tennessee
The Petitioner, Richard Terry Woodson, appeals the denial of his petition for post-conviction relief. He argues that his conviction should be set aside because requiring him to register as a sex offender violates his right to be free from ex post facto laws, his right to due process, his right to be free from cruel and unusual punishment, and violates principles of double jeopardy. After review, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
Gary Fisher v. Villages At Henley Station, LLC, Et Al.
This appeal involves a slip and fall premises liability claim filed by a tenant against his landlord. The trial court granted summary judgment to the landlord because the tenant’s evidence did not show that the allegedly dangerous condition was in existence as of the date of the lease or that the landlord had actual or constructive notice of the allegedly dangerous condition. The tenant appeals. Discerning no error, we affirm. |
Rutherford | Court of Appeals | |
State of Tennessee v. Ronnie Ray Myatt
The Defendant, Ronnie Ray Myatt, appeals the judgments of the trial court following a June 25, 2018 probation violation hearing in which the court revoked his probation in case numbers CR7357, CR7358A, and 22CC-2010-CR-115. The Defendant argues that the trial court lacked jurisdiction in the first two cases because the sentences for those cases had expired prior to the filing of the revocation warrant. The Defendant also requests that we remand to the trial court for entry of a modified judgment in case number 22CC-2010-CR-115 to award to the Defendant applicable jail credits. The State concedes that the sentences in case numbers CR7357 and CR7358A expired before the filing of the instant revocation warrant and that the trial court therefore lacked jurisdiction to revoke the probation in those cases. Although not raised as an issue by the Defendant, the State argues that the trial court appropriately revoked the Defendant’s probation in Case Number 22CC-2010-CR-115. Following our review, we reverse the probation revocation orders in case numbers CR7357 and CR7358A, affirm the revocation of probation in case number 22CC-2010-CR-115, and remand to the trial court for determination of the appropriate jail credits to be applied toward the Defendant’s sentence in the latter case. |
Dickson | Court of Criminal Appeals | |
Pamela Cotham v. Nicholas Jay Yeager Et Al.
The plaintiff filed this action seeking to recover damages on behalf of Anderson County based upon the plaintiff’s allegations that the defendants had submitted false claims for payment by the county. The trial court dismissed the action, determining that the plaintiff’s amended complaint had failed to state a claim upon which relief could be granted. The plaintiff has appealed. Discerning no reversible error, we affirm the trial court’s judgment of dismissal. |
Anderson | Court of Appeals | |
State of Tennessee v. Matthew Jackson
The Appellant, Matthew Jackson, appeals the Robertson County Circuit Court’s denial of his motion to withdraw his guilty pleas to two counts of aggravated rape, which resulted in an effective twenty-five-year sentence. Based upon the record and the parties’ briefs, we reverse the judgment of the trial court and remand the case for an evidentiary hearing. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Shandejah Andrea Stone
A Davidson County jury convicted Shandejah Andrea Stone of simple assault. The trial court sentenced Defendant to eleven months and twenty-nine days, with all suspended except ninety days to be served by incarceration. Following release from jail, Defendant is to be on two years of unsupervised probation. On appeal, Defendant argues that her sentence is excessive and that her alternative sentence should not include any period of incarceration. In addition, Defendant asserts as an issue that during the sentencing hearing, the trial court erroneously allowed admission into evidence a Facebook video over objection that the exhibit had not been properly authenticated. After review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Tony Young v. State of Tennessee
The pro se Petitioner, Tony Young, appeals the trial court’s summary dismissal of his motion to correct an illegal sentence and/or petition for writ of habeas corpus. The Petitioner has failed to show that his sentence is illegal or that he is otherwise entitled to habeas corpus relief; therefore, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kristie Ward Thompson
The Defendant, Kristie Ward Thompson, pleaded guilty to reckless homicide and received a twelve-year sentence to be served concurrently to a sentence in a separate case. The Defendant challenges the trial court’s denial of alternative sentencing. Upon review of the record and applicable law, we affirm the judgment of trial court but remand for correction of the judgment form in compliance with Tennessee Code Annotated section 40-35-209. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Jerry Lee Joyner
Defendant, Jerry Joyner, was indicted by the Dyer County Grand Jury on the following counts: (1) possession with intent to sell or deliver a controlled substance, schedule II, to wit, methamphetamine, in an amount in excess of 0.5 grams; (2) possession with intent to sell or deliver a controlled substance, schedule II, to wit, cocaine, in an amount in excess of 0.5 grams; (3) possession with intent to sell or deliver a controlled substance, schedule II, to wit, morphine; (4) possession with intent to sell or deliver a controlled substance, schedule II, to wit, hydrocodone; and (5) possession with intent to sell or deliver a controlled substance, schedule IV, to wit, alprazolam. Following an evidentiary hearing on Defendant’s motion to suppress the evidence retrieved from a search of his person, the trial court granted his motion and dismissed, in separate judgments, all five counts of the indictment against Defendant. The State appeals the granting of Defendant’s motion to suppress on grounds that the search at issue was constitutional. After review, we reverse the judgments of the trial court, reinstate the charges in the indictment, and remand for further proceedings. |
Dyer | Court of Criminal Appeals | |
Maurice Jevon Chapman v. State of Tennessee
The Petitioner, Maurice Jevon Chapman, pleaded guilty to aggravated robbery, and the trial court entered the sentence to which the parties agreed, twenty years, as a Range II offender. The State filed a notice of nolle prosequi of nine other counts against him. The Petitioner filed a timely petition for post-conviction relief in which he alleged that his counsel was ineffective for failing to explain to him the theory of criminal responsibility for another, rendering his guilty plea unknowingly and involuntarily entered. The post-conviction court dismissed the petition after a hearing. On appeal, we affirm the post-conviction court’s judgment. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Christopher Bretton Bly
Christopher Bretton Bly, Defendant, was arrested in Coffee County for two counts of aggravated burglary, one count of theft under $500, two counts of vandalism over $1,000, one count of theft over $1,000, one count of theft over $500, and one count of vandalism under $500. Subsequent to this arrest, Defendant was incarcerated in the Tennessee Department of Correction (“TDOC”) for a probation violation in Wilson County. After Defendant completed his service on the Wilson County sentence, he pled guilty to the charges in Coffee County. Defendant later filed a Rule 36 motion to obtain pretrial jail credit on the Coffee County case, and the trial court partially granted the motion. On appeal, Defendant argues that he is entitled to the time he served in TDOC on the Wilson County probation violation as pretrial jail credit on the Coffee County case. After a thorough review of the record and applicable case law, the judgments of the trial court are affirmed. |
Coffee | Court of Criminal Appeals | |
Benigo Cruz v. Sherman Byrd
This is an appeal regarding the breach of a lease agreement between Mr. Cruz, the landlord, and Mr. Byrd, the tenant. Mr. Cruz initiated this action against Mr. Byrd because he did not pay any rent for the term of the lease. Mr. Byrd argued that he was not obligated to pay rent because the lease was rendered void and unenforceable upon discovery of a city ordinance that prohibited the intended use of the Property. We disagree. There was no evidence, and Mr. Byrd did not assert, that Mr. Cruz took any action that would violate the agreement; he was able to exercise his right to occupy the Property for the entire term of the lease. Therefore, the lease was enforceable. Furthermore, the lease provided Mr. Byrd a right to terminate if the designated use of the Property was prohibited by law; he did not invoke this remedy. Thus, Mr. Byrd was obligated to pay the rent owed under the lease. Finding no error in the trial court’s decision, we affirm. |
Hamilton | Court of Appeals | |
In Re Michael W. Et Al.
Mother appeals the termination of her parental rights on grounds of abandonment, substantial noncompliance with permanency plans, and persistence of conditions. Because the record on appeal contains no permanency plans that apply to the children at issue in this case, we reverse the substantial noncompliance with permanency plans ground for termination. We affirm the remaining grounds for termination, as well as the trial court’s best interest finding. |
Cumberland | Court of Appeals | |
Bakersouth, LLC v. Green Hills Mall TRG, LLC, Et Al.
This appeal involves a long-running dispute among neighboring property owners over a parking easement near the Green Hills Mall that was formerly owned by the Metropolitan Government of Nashville and Davidson County in connection with its operation of a public library. The chancery court declared that the plaintiff now owns fee simple title to its lots in addition to the easement appurtenant over the defendants’ lots for parking purposes. The defendants appeal. We affirm and remand for further proceedings. |
Davidson | Court of Appeals |