Tarrants Yvelt Chandler v. State of Tennessee
The Petitioner, Tarrants Yvelt Chandler, appeals from the Davidson County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner contends that he is entitled to post-conviction relief due to (1) numerous instances of ineffective assistance of his trial counsel; and (2) the State’s failure to disclose “exculpatory evidence prior to trial.” Discerning no error, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Miguel Gomez
Defendant, Miguel Gomez, was convicted of three counts of aggravated assault. The trial court merged Counts Two and Three into Count One and sentenced Defendant to eleven years. On appeal, Defendant argues that the evidence at trial was insufficient to support his convictions and that his sentence was excessive. After review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Tobias Johnson
The petitioner, Tobias Johnson, appeals from the Shelby County Criminal Court’s denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. The petitioner contends his sentence for life with parole eligibility at thirty percent is illegal pursuant to Tennessee Code Annotated sections 40-35-501(i)(1), (i)(2)(A). The petitioner bargained for and received a life sentence pursuant to his plea agreement. The judgment of conviction contains a clerical error because “standard 30%” rather than “violent 100%” was checked for “release eligibility.” The petitioner’s concurrent sentences for rape and incest have expired. Discerning no error, we affirm the judgment of the trial court summarily dismissing the motion for failure to state a colorable claim, but remand for correction of the clerical error pursuant to Tennessee Rule of Criminal Procedure 36. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Shane McCullough
Defendant, Michael Shane McCullough, was indicted in February of 2016 by an Obion County grand jury for disorderly conduct, criminal littering, initiation of a process to manufacture methamphetamine, and promotion of methamphetamine manufacture. After a jury trial, Defendant was found guilty of criminal littering, initiation of process to manufacture methamphetamine, and promotion of methamphetamine manufacture. Defendant appeals from his convictions, challenging the sufficiency of the evidence for the methamphetamine-related convictions. Because we determine that the evidence was sufficient to support the convictions, we affirm the judgments of the trial court. |
Obion | Court of Criminal Appeals | |
Edward Hood, II v. State of Tennessee
The pro se Petitioner, Edward Hood, II, appeals the summary dismissal of his petition for writ of error coram nobis, arguing that a letter that he received from his daughter, K.P., constitutes newly discovered evidence of his innocence and that the coram nobis court erred in dismissing his petition without the appointment of counsel or an evidentiary hearing. Following our review, we affirm the dismissal of the petition. |
Henderson | Court of Criminal Appeals | |
Polly Spann Kershaw v. Jeffrey L. Levy
This is a legal malpractice case. Appellant filed suit against Appellee, who had previously served as Appellant’s attorney in a divorce matter. Appellant alleged that she suffered monetary damages and was convicted of criminal contempt as a result of the negligent legal representation she received from Appellee in her divorce case. Appellee filed a motion for summary judgment claiming that Appellant’s claims were, among other things, barred by the doctrine of judicial estoppel as a result of the sworn statements Appellant made in conjunction with her divorce settlement. The trial court agreed and granted summary judgment in favor of Appellee. We affirm. |
Davidson | Court of Appeals | |
In Re: Isaiah B.
Mother appeals the termination of her parental rights on grounds of (1) abandonment by failure to establish a suitable home; (2) persistence of conditions; (3) substantial noncompliance with permanency plans; and (4) failure to manifest a willingness and ability to assume custody of the child. We reverse the trial court’s ruling with regard to substantial noncompliance with permanency plans, but affirm the remaining grounds, as well as the trial court’s determination that termination is in the child’s best interest. The termination of Mother’s parental rights is therefore affirmed. |
Carter | Court of Appeals | |
Matthew Brock Hance v. Danielle Smith Hance
The issue on appeal is whether the commencement of a dependency and neglect action in the juvenile court deprived the chancery court of subject matter jurisdiction to rule on a pending motion to modify a parenting plan. Shortly after Father filed his petition to modify the parenting plan in the chancery court, the Department of Children’s Services filed a dependency and neglect petition in the juvenile court. After the juvenile court held a preliminary hearing on the dependency and neglect petition and assumed jurisdiction, the chancery court modified the parents’ child support obligations and awarded the father the federal income tax exemption for the child. Months later, the mother filed a motion to vacate the chancery court’s judgment on the basis it was void ab initio for lack of subject matter jurisdiction. The chancery court denied the motion, and this appeal followed. Tenn. Code Ann. § 37-1-103 vests juvenile courts with exclusive original jurisdiction over dependency and neglect proceedings and, once a juvenile court has exercised jurisdiction in a dependency and neglect proceeding, its exclusive jurisdiction continues until the case has been dismissed, the custody determination is transferred to another court exercising domestic relations jurisdiction, or a petition for adoption is filed. Because none of the jurisdiction exceptions had occurred prior to the chancery court modifying the parenting plan, the chancery court’s order was void ab initio for lack of subject matter jurisdiction. Accordingly, the chancery court’s order modifying the parenting plan is hereby vacated. |
Hamblen | Court of Appeals | |
Terry Lea Bunch v. State of Tennessee
Petitioner, Terry Lea Bunch, appeals the summary dismissal of his petition for post-conviction relief for being filed untimely. Petitioner alleged in his petition that defects in the affidavit of complaint rendered his conviction void. Having reviewed the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
Sammie L. Brookins, et al. v. Owen B. Tabor, Jr., et al.
A plaintiff filed a health care liability complaint in 2015 against several physicians and entities that he later non-suited in order to comply with the pre-suit notice requirements set forth in Tenn. Code Ann. § 29-26-121(a). The plaintiff then filed a second complaint against the same defendants, relying on the saving statutes of Tenn. Code Ann. § 28-1- 105 and Tenn. Code Ann. § 29-26-121(c) to extend his statute of limitations. The plaintiff’s wife joined him as a plaintiff in the second complaint. The defendants filed motions to dismiss, alleging non-compliance with the pre-suit notice requirements and the statute of limitations. The trial court granted all of the defendants’ motions and dismissed the complaint. The plaintiffs appealed the trial court’s dismissal of the complaint against the physicians. We affirm the trial court’s dismissal of the complaint against all three of the physicians on statute of limitations grounds. We also affirm the trial court’s judgment dismissing the wife’s claims against all of the defendants. |
Shelby | Court of Appeals | |
State of Tennessee v. James Wolford
The defendant, James Wolford, appeals the order of the trial court revoking his probation and ordering him to serve his original four-year sentence in confinement. Following our review of the record and applicable authorities, we conclude the trial court did not abuse its discretion in finding the defendant violated the terms of his probation and the imposed sentence is proper. Accordingly, we affirm the judgment of the trial court. |
White | Court of Criminal Appeals | |
State of Tennessee v. Patrick Jayson Reeners
The Defendant, Patrick Jayson Reeners, pleaded guilty to public intoxication and disorderly conduct and received concurrent thirty day sentences. In a separate case, he pleaded guilty to telephone harassment and received a probation sentence of eleven months and twenty-nine days. After the entry of his guilty pleas and sentencing, the Defendant filed a motion to withdraw his guilty pleas “made under life threatening needed medical attention.” The trial court denied the motion after a hearing. On appeal, the Defendant claims that the trial court erred when it did not find a “fair and just reason” to allow the Defendant to withdraw his pleas. After review, we affirm the trial court’s judgment. |
Sumner | Court of Criminal Appeals | |
John A. Gardner Et Al. v. R & J Express, LLC
In this negligence action that arose from a tractor-trailer accident, the trial court dismissed the plaintiffs’ claims following the court’s determination that a critical piece of evidence had been destroyed by the plaintiffs, resulting in severe prejudice to the defendant. The court further determined that dismissal was the only equitable remedy for the plaintiffs’ spoliation of evidence. The plaintiffs timely appealed the dismissal of their claims. Discerning no reversible error, we affirm. |
Hamblen | Court of Appeals | |
Antonio L. Freeman v. State of Tennessee
The Petitioner, Antonio L. Freeman, appeals the Sumner County Criminal Court’s denial of his petition for post-conviction relief from his conviction of possessing contraband in a penal facility and resulting sentence of ten years in confinement. On appeal, the Petitioner contends that he received the ineffective assistance of counsel on direct appeal of his conviction. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Sumner | Court of Criminal Appeals | |
Renee Ann Bradley v. Richard Bradley
A husband and wife were divorced in 2016, and the divorce decree permitted the husband to purchase the parties’ real property, which was in the wife’s name. The parenting plan provided the parties the opportunity to travel domestically or abroad with their minor son. The husband filed a contempt petition against the wife based on her refusal (1) to provide information to his lender that was necessary for him to close on the purchase of the property and (2) to cooperate with him to renew their child’s passport when the husband wanted to travel with the child to Europe. The trial court found the wife in contempt on both grounds and awarded the husband damages. The wife appealed, arguing that she was not willful in refusing to cooperate with the husband’s lender. The evidence showed that the wife believed the husband was trying to refinance her loan and add his name to her deed rather than purchase the property outright. We hold that the trial court erred in finding the wife willfully disobeyed the court’s order that she cooperate with the husband’s lender. We affirm the trial court’s order holding the wife in contempt for failing to cooperate with the husband in renewing the child’s passport. |
Morgan | Court of Appeals | |
State of Tennessee v. Douglas McArthur Wilson
Defendant, Douglas McArthur Wilson, was indicted for attempted first degree murder in 2012. After a jury trial, Defendant was convicted of the lesser included offense of attempted second degree murder. The trial court sentenced Defendant to ten years in incarceration. After the denial of a motion for new trial, Defendant presents a multitude of issues on appeal. After a thorough review of the record and applicable authorities, we affirm the judgment of the trial court. |
Smith | Court of Criminal Appeals | |
Randall E. Pearson, MD, Et Al. v. Paul Koczera, Et Al.
This appeal follows prior appeals in this litigation that has spanned a decade. In this latest appeal, the trial court determined that the motions filed by the administrator ad litem for the estate of the third-party plaintiff should be denied. We affirm. |
Anderson | Court of Appeals | |
State of Tennessee v. Teddie Elijah Fason
The Defendant, Teddie Elijah Fason, entered guilty pleas to burglary, theft of property valued at more than $1,000, vandalism, and evading arrest, and he was sentenced to serve four years on probation. The Defendant appeals the trial court’s revocation of his probation and its judgment ordering him to serve his sentences in confinement. After a thorough review of the record, we discern no abuse of discretion, and we affirm the trial court’s judgment. |
Henderson | Court of Criminal Appeals | |
Armard Reeves v. State of Tennessee
The Petitioner, Armard Reeves, appeals from the denial of post-conviction relief, alleging that he was deprived of an impartial jury based on juror misconduct and that trial counsel was ineffective in failing to pursue this issue in a motion for new trial and on direct appeal. Upon our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Bryant Williamson
The Defendant-Appellant, Bryant Williamson was convicted of one count each of first degree murder, attempted first degree murder, and unlawful employment of a firearm during the commission of a dangerous felony. The trial court sentenced him as a Range I, standard offender to an effective sentence of life plus ten years. The sole issue presented for our review is whether the evidence is sufficient to support the Defendant’s convictions. After a thorough review of the record and briefs, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Paul Flannigan
The defendant, Paul Flannigan, appeals the summary dismissal of his motion, filed pursuant to Tennessee Rule of Criminal Procedure 36.1, to correct what he believes to be an illegal sentence imposed for his Shelby County Criminal Court jury convictions of attempted first degree murder, especially aggravated robbery, aggravated rape, and aggravated burglary. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
Adam C. Butler v. State of Tennessee
The petitioner, Adam C. Butler, appeals the denial of his petition for post-conviction relief, which petition challenged his 2015 conviction of vandalism of property valued at $1,000 or more but less than $10,000. Discerning no error, we affirm. |
Madison | Court of Criminal Appeals | |
In Re: James Carl Cope, BPR #03340
This Court suspended attorney James Carl Cope pursuant to Tennessee Supreme Court Rule 9, section 22.3, based on his federal felony conviction for insider trading and referred the matter to the Board of Professional Responsibility (“Board”) to initiate proceedings to determine his final discipline. A hearing panel (“Panel”) imposed a final discipline of twenty-five months’ suspension, retroactive to the date of his initial suspension by this Court, which was on October 25, 2016. Neither the Board nor Mr. Cope appealed this judgment. The Board petitioned this Court for an order enforcing the Panel’s judgment. Pursuant to Tennessee Supreme Court Rule 9, section 15.4(b) and (c), we determined that the punishment imposed by the Panel appeared inadequate and proposed that it be increased. Mr. Cope subsequently requested oral argument, which we granted. We now consider whether the punishment imposed by the Panel is appropriate under the circumstances of this case and is in uniformity with prior disciplinary decisions in this state. Following a thorough review of the record and the law, we conclude that it is not. Therefore, we modify the Panel’s judgment to impose the twenty-five-month suspension prospectively from the filing of this opinion. |
Supreme Court | ||
In Re Justice H., Et Al.
This appeal concerns the termination of two parents’ parental rights. The Tennessee Department of Children’s Services (“DCS”) filed a petition in the Juvenile Court for Stewart County (“the Juvenile Court”) seeking to terminate the parental rights of Joshua H. (“Father”) and Amie H. (“Mother”) to their minor children Justice and Alijah (“the Children,” collectively). After a trial, the Juvenile Court found the ground of severe abuse with respect to both parents. The Juvenile Court also found that termination of Mother’s and Father’s parental rights is in the Children’s best interest. Mother and Father appeal to this Court. Neither parent contests grounds for termination, but both parents challenge the Juvenile Court’s finding that termination of their parental rights is in the Children’s best interest. We find by clear and convincing evidence, as did the Juvenile Court, that termination of Mother’s and Father’s parental rights is in the Children’s best interest. We affirm the judgment of the Juvenile Court. |
Stewart | Court of Appeals | |
State of Tennessee v. Mainor Celin Avilez Canales
The Defendant, Mainor Celin Avilez Canales, was convicted after a jury trial of aggravated sexual battery and sentenced to serve twelve years in prison. The Defendant appeals, contending that the jury instructions did not adequately specify the mens rea of the offense and that the trial court improperly enhanced the sentence. After a thorough review of the record, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals |