State of Tennessee v. Christian Aaron Needham
The Defendant, Christian Aaron Needham, appeals the McMinn County Circuit Court’s order revoking his probation for his convictions for two counts of felony theft and one count of aggravated burglary and ordering him to serve the remainder of his effective six-year sentence in confinement. The Defendant contends that the trial court abused its discretion by ordering his sentence into execution. We affirm the judgment of the trial court. |
McMinn | Court of Criminal Appeals | |
Kalpesh Patel and Pratikkumar V. Patel v. State of Tennessee
The Petitioners, Kalpesh Patel and Pratikkumar V. Patel, appeal from the Rutherford County Circuit Court’s summary dismissal of their respective petitions for post-conviction relief from their 2015 convictions for conspiracy to commit first degree murder and solicitation to commit first degree murder, for which the Petitioners each received fifteen-year sentences. The Petitioners contend that the post-conviction court erred by summarily dismissing their petitions for relief and motions to reconsider because (1) they received the ineffective assistance of trial counsel and (2) the trial court erred by denying their respective motions to suppress cell phone evidence at the trial. We affirm the judgments of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
City of Franklin, Tennessee v. W. L. Hailey & Co., Inc. Et Al.
Appellant city appeals from the dismissal of its negligent misrepresentation claim on the basis of the economic loss doctrine, arguing that Tennessee law recognizes an exception to the economic loss doctrine for negligent misrepresentations. Because we conclude that Tennessee law does not recognize a negligent misrepresentation exception to the economic loss doctrine, we affirm the decision of the trial court. |
Williamson | Court of Appeals | |
E Solutions For Buildings, LLC v. Knestrick Contractor, Inc., Et Al.
This appeal involves payment disputes arising out of a public construction project. Among other things, the case involves claims made by an equipment supplier against a subcontractor, the project’s general contractor, and the general contractor’s bonding company, and claims made by the same subcontractor against the general contractor. Following a trial, the trial court granted the supplier a judgment against the subcontractor and granted the subcontractor a judgment against the general contractor. The supplier’s claim against the general contractor and its bonding company was denied. The propriety of these rulings and numerous other issues are now before this Court. Having reviewed the record transmitted to us on appeal, we affirm in part, affirm in part as modified, reverse in part, and remand the case for such further proceedings as are necessary and consistent with this Opinion. |
Davidson | Court of Appeals | |
Robert Andrew Hawkins v. State of Tennessee
A Claiborne County jury convicted the Petitioner, Robert Andrew Hawkins, of one count of aggravated kidnapping and two counts of aggravated assault, and the trial court sentenced him to an effective sentence of sixteen years in confinement. The Petitioner appealed his convictions on the basis of a juror issue and sentencing. This court affirmed his convictions and sentence. State v. Robert Andrew Hawkins, No. E2015-01542-CCA-R3-CD, 2016 WL 5210770 (Tenn. Crim. App, at Knoxville, Sept. 19, 2016), perm. app. denied (Tenn. Dec. 14, 2016). The Petitioner filed a timely petition for post-conviction relief in which he alleged that: (1) the State withheld evidence in violation of Brady v. Maryland, 373 U.S. 93 (1965); (2) Counsel was ineffective for failing to investigate or communicate effectively with him; and (3) the cumulative effect of these errors entitles him to a new trial. The post-conviction court denied relief, and the Petitioner maintains his allegations on appeal. After review, we affirm the postconviction court’s judgment. |
Claiborne | Court of Criminal Appeals | |
In Re Adrian M.-M., et al.
This appeal concerns termination of parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Chancery Court for Obion County (“the Trial Court”) seeking to terminate the parental rights of Emily M. M.-A. (“Mother”) to her minor children Adrian, Maribel, Alisiana, and Elena (“the Children”). The Children had been exposed to methamphetamine in Mother’s care. After trial, the Trial Court entered an order terminating Mother’s parental rights to the Children on the grounds of abandonment by failure to provide a suitable home; abandonment by failure to visit; substantial noncompliance with the permanency plan; severe child abuse; and, being sentenced to more than two years’ imprisonment for child abuse. The Trial Court also found that termination of Mother’s parental rights is in the Children’s best interest. On appeal, Mother argues that she has made improvements such that termination of her parental rights is not in the Children’s best interest. First, apart from the grounds of failure to visit and failure to provide a suitable home, which we reverse, we affirm the grounds for termination found by the Trial Court. Regarding best interest, we find that Mother has no meaningful relationship with the Children and that her purported improvements are insufficient. The evidence is clear and convincing that termination of Mother’s parental rights is in the Children’s best interest. We affirm, in part, and, reverse, in part, the judgment of the Trial Court. |
Obion | Court of Appeals | |
Jeanie Morgan Beltz Et Al v. Brett Anthony Heffner
This appeal arises from the denial of a petition based on Tennessee’s Grandparent Visitation Statute. The parents of the deceased mother of a new-born child filed a petition to obtain visitation with their three-month-old granddaughter. The child’s father opposed the petition. Following discovery, the father filed a motion to dismiss or for summary judgment on the ground that there was no danger of substantial harm to the child if visitation was denied because there was no evidence that the grandparents had a significant relationship with the child. The petitioners opposed the motion relying on Tenn. Code Ann. § 36-6-306(b)(4), which established a rebuttable presumption of substantial harm to the child if visitation was denied because their daughter, the child’s mother, was deceased. The trial court found there was no significant existing relationship between the grandparents and the child. After analyzing the child’s best interests under Tenn. Code Ann. § 36-6-307, the court granted summary judgment to the father, finding the petitioners did not meet the requirements of the Grandparent Visitation Statute. We have determined that the trial court misconstrued the statutory scheme. The trial court failed to recognize that because the petitioners are the parents of the child’s deceased mother, they were entitled to the rebuttable presumption of substantial harm to the child if visitation was denied without having to establish that a “significant” relationship with their grandchild existed. Moreover, we have determined that more than one conclusion or inference can reasonably be drawn from the facts, thereby precluding summary judgment. Accordingly, we reverse and remand for further proceedings. |
Jefferson | Court of Appeals | |
Diane Kikue-Yasutake Winne v. Scott Anderson Winne
Husband petitioned the court to modify his alimony obligation after Wife moved in with her boyfriend. Wife maintained that her new living arrangement did not affect her need for alimony because she and her partner shared expenses equally and her living expenses after the move were unchanged. The trial court disagreed and suspended a portion of Husband’s alimony obligation. Both sides raise issues with the trial court’s decision. Contrary to Wife’s assertion, we conclude that the alimony provision in the parties’ marital dissolution agreement did not preclude modification of the alimony award as authorized by statute. We further conclude that the trial court did not err in basing its modification decision on the evidence of Wife’s financial circumstances at the time of trial. We affirm the alimony modification, but we modify the judgment so that the modification applies retroactively to the date of Husband’s petition. |
Hamilton | Court of Appeals | |
101 Construction Company v. Lawrence B. Hammet, II Et Al.
Plaintiff client sued Defendant attorney and law firm for damages tied to a breach of an attorney’s fees contract following the completion of an arbitration matter. Following a jury trial, the jury returned a verdict in favor of defendants. Plaintiff appeals the denial of its motion for directed verdict and motion for new trial. Because the trial court erred in denying plaintiff’s motion for directed verdict on interpretation of the written contract at issue, we reverse the verdict entered by the trial court and remand with instructions to enter a directed verdict against the attorney and law firm in the amount of $67,335.69 and to determine whether prejudgment interest is warranted in this case. |
Davidson | Court of Appeals | |
State of Tennessee v. James Anthony McCurry
A Madison County Circuit Court Jury convicted the Appellant, James Anthony McCurry, of aggravated kidnapping, a Class B felony, attempted aggravated robbery, a Class C felony, and being a felon in possession of a handgun, a Class E felony, and he received an effective sentence of twenty-one-years in confinement. On appeal, the Appellant claims that the evidence is insufficient to support the convictions and that his effective sentence is excessive. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Melvin Wiggins
The defendant, Melvin Wiggins, appeals his Shelby County Criminal Court jury convictions of especially aggravated kidnapping and aggravated robbery, arguing that the trial court erred by denying his motion to suppress certain statements he gave to the police, that the trial court erred by admitting certain statements in violation of evidence rule 404(b), and that the evidence was insufficient to support his convictions. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
Sonya Lee Westbrooks v. Earl Lavon Westbrooks
Appellant/Husband appeals the trial court’s denial of his Tennessee Rule of Civil Procedure 59.04 motion to reopen proof in this divorce case. By his motion, Husband sought to introduce allegedly “newly discovered evidence” concerning the premarital value of his retirement account. The trial court denied the motion, finding that the evidence, which consisted of Husband’s previous divorce decree, was a matter of public record and was available to Husband during discovery in the instant divorce matter. We conclude that the trial court did not abuse its discretion in denying Husband’s motion. Affirmed and remanded. |
Hamilton | Court of Appeals | |
Brewco, LLC Et Al. v. Martha R. Scent
The plaintiffs filed a complaint seeking recovery for improvements they had made to real property that had been purchased at a foreclosure sale by the defendant. When the plaintiffs originally purchased the property, the defendant as mortgagee held a deed of trust on it. Due to a fraudulently recorded release of that deed of trust, however, the plaintiffs purchased and improved the property, believing that they had clear title. The defendant did not learn of the various improvements to the property until after the improvements were complete. At approximately the same time, the defendant discovered that a third party had recorded a release of the deed of trust without her consent, with such release containing a forgery of her signature. The defendant filed suit against the third party who purportedly forged the release, the plaintiffs, and others, and she ultimately received a monetary judgment that resulted in a judicial foreclosure to enforce her deed of trust. At the foreclosure sale, the defendant purchased title to the property in question with a credit bid. Shortly before the foreclosure sale, the plaintiffs filed this action, ultimately asserting claims of unjust enrichment, quantum meruit, constructive trust, and an equitable lien. The trial court granted the defendant’s motion for summary judgment concerning the plaintiffs’ claims, determining that the plaintiffs had not demonstrated facts supporting their theories of recovery. The plaintiffs have appealed. Discerning no reversible error, we affirm. |
Scott | State Court Clerks | |
In Re Alexis S.
This is an appeal from the trial court’s termination of a mother’s parental rights and denial of the maternal grandmother’s petition for grandparent visitation. The court terminated the mother’s rights on the grounds that she abandoned the child by willfully failing to visit and support the child, and failed to manifest an ability or willingness to assume personal custody of the child. The court also found that termination of the mother’s rights was in the child’s best interest. The court awarded guardianship of the child to her paternal grandparents and denied the maternal grandmother’s intervening petition for visitation, finding that the risk of harm in permitting visitation was greater than the risk of harm in denying it. The mother appeals the termination of her parental rights, and the grandmother appeals the denial of her petition for visitation. Because the trial court failed to make sufficient findings as mandated by Tennessee Code Annotated § 36-1-113(k), we reverse the trial court’s determination that the ground of abandonment by willful failure to support the child was established and remand the issue for the trial court to make the requisite findings and to enter judgment accordingly. We reverse the court’s determination that the other two grounds for termination were proven because the record fails to establish either ground by clear and convincing evidence. Because no ground for termination has been proven, we also reverse the court’s determination regarding the child’s best interests. Because the court terminated the father’s parental rights, we affirm the court’s appointment of the paternal grandmother and her husband as the child’s guardians, subject to the mother’s rights, which have not been terminated. We also affirm the denial of the maternal grandmother’s petition for visitation. |
Hamblen | Court of Appeals | |
Takesha Curtiss Nelvis v. Lafayette Baptist, Jr.
Father appeals the juvenile court’s decision to deny him equal parenting time. Because the trial court’s order does not contain sufficient findings of fact and conclusions of law as to the statutory best interest factors contained in Tennessee Code Annotated section 36-6-106(a), we vacate the judgment of the trial court and remand for the entry of a proper order. |
Shelby | Court of Appeals | |
Brewco, LLC et al. v. Martha R. Scent
The plaintiffs filed a complaint seeking recovery for improvements they had made to real property that had been purchased at a foreclosure sale by the defendant. When the plaintiffs originally purchased the property, the defendant as mortgagee held a deed of trust on it. Due to a fraudulently recorded release of that deed of trust, however, the plaintiffs purchased and improved the property, believing that they had clear title. The defendant did not learn of the various improvements to the property until after the improvements were complete. At approximately the same time, the defendant discovered that a third party had recorded a release of the deed of trust without her consent, with such release containing a forgery of her signature. The defendant filed suit against the third party who purportedly forged the release, the plaintiffs, and others, and she ultimately received a monetary judgment that resulted in a judicial foreclosure to enforce her deed of trust. At the foreclosure sale, the defendant purchased title to the property in question with a credit bid. Shortly before the foreclosure sale, the plaintiffs filed this action, ultimately asserting claims of unjust enrichment, quantum meruit, constructive trust, and an equitable lien. The trial court granted the defendant’s motion for summary judgment concerning the plaintiffs’ claims, determining that the plaintiffs had not demonstrated facts supporting their theories of recovery. The plaintiffs have appealed. Discerning no reversible error, we affirm. |
Scott | Court of Appeals | |
Dr. Victor W. McLaughlin, M.D. v. Elizabeth King McLaughlin a/k/a Rev. Elizabeth King
The plaintiff filed this action on a sworn account, seeking to recover $20,451.00 that he had allegedly loaned in several money transfers to the defendant, plus prejudgment interest and costs. In her answer to the complaint, the defendant denied all substantive allegations but failed to raise any affirmative defenses. At trial, the defendant stipulated to having received the money transfers. However, she requested that the court allow her to orally swear under oath that the transfers did not constitute a valid debt. The trial court found that the defendant was attempting to assert an affirmative defense that the transfers constituted gifts rather than loans and that she had waived such a defense pursuant to Tennessee Rule of Civil Procedure 8.03 by failing to raise it in her responsive pleading. The trial court entered a judgment in favor of the plaintiff in the total amount of $33,942.69, including prejudgment interest. The defendant filed a motion to alter or amend, requesting that the judgment be vacated on the ground that under Tennessee Code Annotated § 24-5-107 (2017), she should have been allowed to raise any defense orally at trial. Following a hearing, the trial court found that because the defendant had elected to file a responsive pleading, she was required to raise the affirmative defense in the pleading. The trial court thereby declined to vacate the judgment. The defendant has appealed. Discerning no reversible error, we affirm. |
Anderson | Court of Appeals | |
State of Tennessee v. Brandon Cole-Pugh
The defendant, Brandon Cole-Pugh, was convicted of being a felon in possession of a handgun, in violation of Tennessee Code Annotated section 39-17-1307(b)(1). The evidence presented at trial suggested that the defendant obtained a handgun during a physical altercation, during which the handgun became loose, fell from another individual’s possession, and dropped to the floor. Prior to the trial court’s instructions to the jury, defense counsel orally requested an instruction on the defense of necessity. The trial court denied the request. Based upon the evidence presented at trial, the briefs of the parties, the arguments of counsel, and the applicable law, we hold that the defense of necessity was fairly raised by the evidence and that the trial court erred in refusing to instruct the jury accordingly. We further hold that Tennessee law does not preclude plenary review of a claim of error based on a trial court’s failure to instruct the jury on a general defense when the request was not made in writing. We, therefore, reverse the judgment of the Court of Criminal Appeals and remand this case to the trial court for further proceedings consistent with this opinion. |
Madison | Supreme Court | |
Malik Hardin v. State of Tennessee
The Petitioner, Malik Hardin, filed a petition for post-conviction relief, alleging that his trial counsel was ineffective and that his guilty pleas were not knowingly and voluntarily entered. The post-conviction court denied the petition, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Randall Ray Ward
A Madison County jury convicted the Defendant, Randall Ray Ward, of possession of cocaine with the intent to sell, possession of cocaine with the intent to deliver, and possession of illegal drug paraphernalia. The trial court merged the cocaine convictions and ordered that the Defendant serve ten years in confinement as a Range II, multiple offender. The trial court imposed a consecutive sentence of eleven months and twenty-nine days for the paraphernalia conviction. On appeal, the Defendant asserts that: (1) the evidence is insufficient to support his convictions; (2) the trial court erred when it admitted the Defendant’s statement to police; (3) the trial court erred when it instructed the jury regarding confessions; and (4) the trial court erred when it sentenced the Defendant. After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Madison | Court of Criminal Appeals | |
Michael McCloud v. Charter Communications, Inc.
The trial court found that Employee was permanently and totally disabled following a work-related injury to his back in January 2012. Employer’s appeal has been referred to this Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. Tenn. Sup. Ct. R. 51, § 1. After reviewing the evidence in the record and the parties’ arguments, we conclude that the evidence does not preponderate against the trial court’s decision and affirm the trial court’s judgment. |
Madison | Workers Compensation Panel | |
B. Nathan Hunt et al. v. David Lowery, et al.
This is an unlawful detainer action in which the owner permitted the defendants to live in her house rent-free. The owner was later declared incompetent, and her daughters/co-conservators sought to evict the defendants. The general sessions court awarded the co-conservators possession, and the defendants appealed to circuit court. Once the owner died, an administrator was substituted for the co-conservators as the plaintiff. The circuit court awarded the administrator rent for the period between the date the detainer summons was filed and the date the owner died. The defendants appealed, and we reverse the trial court’s judgment. Neither the |
Montgomery | Court of Appeals | |
State of Tennessee v. Prentice Farrell Anderson
Defendant, Prentice Farrell Anderson, was indicted by the Madison County Grand Jury for one count each of possession of more than 0.5 ounce of marijuana with intent to sell; possession of more than 0.5 ounce of marijuana with intent to deliver; possession of 0.5 gram or more of cocaine with intent to sell; possession of 0.5 gram or more of cocaine with intent to deliver; unlawful possession of hydrocodone; possession with intent to use drug paraphernalia; driving with a canceled, suspended, or revoked license; and driving in violation of the window tint law. A jury found Defendant guilty as charged on all eight counts. The trial court merged Defendant’s convictions for possession with intent to sell and possession with intent to deliver marijuana, as well as his convictions for possession with intent to sell and possession with intent to deliver cocaine, and Defendant received a total effective sentence of ten years’ incarceration. In this appeal as of right, Defendant contends that the evidence was insufficient to support his convictions because the State failed to prove possession beyond a reasonable doubt. Having reviewed the record and the briefs of the parties, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Todd Samuel Adcock
The Defendant, Todd Samuel Adcock, pled guilty to one count of sale of heroin, a class B felony. After entering his guilty plea, the trial court found the Defendant to be a Range III, persistent offender and sentenced him to twenty-five years’ incarceration. The trial court determined that the twenty-five-year sentence was to run consecutively to the Defendant’s previous eight-year sentence from Davidson County. On appeal, the Defendant contends that the trial court erred (1) by not merging his previous convictions and, thereby, sentencing the Defendant as a Range III, persistent offender and (2) by ordering the Defendant’s sentence to run consecutively to his Davidson County sentence. Following our review, we conclude that the trial court did not err and affirm the sentencing decision. |
Cheatham | Court of Criminal Appeals | |
Apexworks Restoration v. Derek Scott, Et Al.
This case involves statutory interpretation of the requirements for service by private process servers in the General Sessions Courts and whether or not a party has been properly served. Plaintiff obtained default judgments in General Sessions Court against two individuals, a man and a woman, who were living together. Although the process server stated on the return that both parties had been served, only the man had been served. Three years later, in an effort to aid in the execution on the default judgments, the plaintiff had subpoenas issued against both defendants, but only the woman was served. The defendants then moved to quash the subpoena as against her and, additionally, to void the default judgments, alleging that the plaintiff had failed to properly serve them with the civil warrant and the subpoenas. The General Sessions Court denied the motion, and the defendants thereafter appealed to the trial court. Having found that only the man had been properly served with the civil warrant, the trial court affirmed the default judgment as against him and voided the default judgment as against the woman. Additionally, the trial court found that, while the judgment was void as against the woman, she had been properly served with the subpoena and was thus required to respond to it. Defendants appealed. We affirm the judgment of the trial court as modified. |
Davidson | Court of Appeals |