Vaughn Harris v. State of Tennessee
A Davidson County Grand Jury indicted Vaughn Harris, Petitioner, for two counts of coercion of a witness in case number 2019-D-3061. Petitioner also separately faced charges in case number 2013-C-2114 of attempted first degree murder (Count 1) and employing a firearm during the commission of or attempt to commit a dangerous felony (Count 2). Petitioner entered global pleas of guilty in both cases—pleading to the indictment in case number 2019-D-3061 and to reduced charges of attempted voluntary manslaughter and felon in possession of a weapon in case number 2013-C-2114. The trial court sentenced Petitioner to an effective term of six years in confinement followed by six years of community corrections. Petitioner filed a timely petition for post-conviction relief, which the post-conviction court denied after a hearing. On appeal, Petitioner alleges he was denied the effective assistance of counsel and that his guilty pleas were entered involuntarily because of coercion. After review, we affirm the judgment of the postconviction court. |
Davidson | Court of Criminal Appeals | |
Family Trust Services LLC et al. v. Green Wise Homes LLC et al.
In this case, plaintiffs alleged defendants committed fraud in connection with their property rights. After a jury trial, plaintiffs moved for a new trial asking the trial court to fulfill its role as thirteenth juror. The trial court denied the motion, and the Court of Appeals reversed upon finding the trial court misconceived its role as thirteenth juror. When a trial court misconceives its role as thirteenth juror or applies an incorrect standard, remand for a new trial historically has been the only remedy available under common law. In this appeal, we consider whether our law should allow the alternative remedy of remand for the trial court to fulfill its role as thirteenth juror under Tennessee Rule of Civil Procedure 59.06. We hold that remand for the trial court to fulfill its role as thirteenth juror is an appropriate remedy when a civil trial court misconceives that role or applies an incorrect standard. We further hold that the lower courts erred in finding that a claim for unjust enrichment requires a voluntary conferral of a benefit. Finally, we hold that our law does not recognize a claim for misappropriation or conversion of a right of redemption. We affirm in part and reverse in part the decision of the Court of Appeals, and remand for proceedings consistent with this opinion. |
Davidson | Supreme Court | |
State of Tennessee v. Todd Allen Robbins
A Chester County jury convicted the Defendant, Todd Allen Robbins, of theft of a vehicle, among other offenses. On appeal, the Defendant and the State agree that the proof did not establish the vehicle’s value at the time it was stolen. We agree and modify the Defendant’s conviction to a Class A misdemeanor offense. We respectfully remand the case for entry of a modified judgment of conviction reflecting the modified offense class and a sentence of eleven months and twenty-nine days. |
Chester | Court of Criminal Appeals | |
Susan B. Ferkin v. Katherine Bell
This case involves a petition for judicial review filed pursuant to the Tennessee Public Records Act, Tenn. Code Ann. § 10-7-503, et seq., after the petitioner requested audio recordings of a third-party’s post-conviction hearings from a court reporter. The circuit court dismissed the petition. The petitioner appeals. For the following reasons, the appeal is hereby dismissed. |
Shelby | Court of Appeals | |
State of Tennessee, ex rel., Alicia Janelle Collins v. Vikramjeet Sethi Singh
The State of Tennessee, on behalf of Mother, sought child support for a minor child. The trial court, finding that there was no reliable evidence of Father’s income, imputed the statutory median gross income. Father appeals, asserting that the trial court erred in setting child support above his stated income and in finding that the evidence of his income was unreliable. Father also asserts that the court’s oral finding that he was willfully underemployed was procedurally deficient. We conclude that the trial court erred in imputing the statutory amount, vacate the award of child support, and remand for further proceedings. |
Shelby | Court of Appeals | |
State of Tennessee v. Anthony E. Perry
Nearly 29 years ago, Anthony E. Perry, Defendant, kidnapped and killed Dorothy Webber. Defendant now appeals from the dismissal of his motion to correct a clerical error under Tennessee Rule of Criminal Procedure 36. In the motion, Defendant argued that he was entitled to release eligibility after serving 25 years in incarceration on a life sentence for first degree murder, that his sentence was illegal because there was no notation in the special conditions box on the judgment form to inform the Department of Correction to calculate his release date under Tennessee Code Annotated section 40-35-501(i), and that his release eligibility calculation violated the ex post facto clauses of the Tennessee and United States constitutions. Because the trial court did not abuse its discretion in dismissing the motion, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Juan Deshaun Hoyle
Defendant, Juan Deshaun Hoyle, was convicted by a Madison County jury of two counts of unlawful possession of a firearm after having been convicted of a felony crime of violence (counts one and two), and one count each of unlawful possession of a firearm after having been convicted of a felony drug offense (count three), and simple possession of marijuana (count four). The trial court imposed an effective twenty-year sentence. On appeal, Defendant argues that there was insufficient evidence that he possessed a firearm and that the sentence imposed was not the least severe measure necessary. Following review of the entire record, oral arguments, briefs of the parties, and the applicable law, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
Leiby Goldberger Et Al. v. Thomas J. Scott Et Al.
This is an appeal from the denial of a petition to dismiss under the Tennessee Public Participation Act (“TPPA”), Tenn. Code Ann. §§ 20-17-101 to -110. The defendantpetitioner asserted that this action was filed by the plaintiffs in response to his “exercise of the right of free speech,” which the TPPA defines as “communication made in connection with a matter of public concern.” Specifically, the defendant-petitioner asserted that he was exercising his right of free speech regarding a matter of public concern when he made public the plaintiffs’ failure to disclose their involvement in prior franchise litigation and regulatory actions as required by franchising laws. The trial court denied the petition, finding that the TPPA did not apply because the claims did not involve issues or matters of public concern and free speech as referenced in the TPPA. This appeal followed. We respectfully disagree with this finding. We conclude that the defendant-petitioner presented prima facie evidence that the plaintiffs commenced this action in response to the defendantpetitioner’s exercise of free speech on a matter of public concern related to goods, products, or services in the marketplace. Specifically, the defendant-petitioner’s public dissemination of information via a website alleging that the plaintiffs were continuing to market franchises while withholding material information required to be disclosed by the Federal Trade Commission Franchise Rule. See 16 C.F.R. pt. 436. Accordingly, we reverse the judgment of the trial court and remand for further proceedings. |
Davidson | Court of Appeals | |
Richard H. Niehaus Et Al. v. Darnell Wade Houfek Et Al.
This appeal, arising from a land dispute, concerns the trial court’s dismissal of several |
Dickson | Court of Appeals | |
In Re Leah T.
In the second appeal in this case, Mother appeals the trial court’s determination that termination of her parental rights is in her child’s best interest. Discerning no reversible error, we affirm. |
Rutherford | Court of Appeals | |
In Re Quentin G.
This appeal arises from a petition to terminate parental rights. The trial court found by clear and convincing evidence that one ground for termination existed as to the father based on a prior adjudication of severe child abuse and that termination was in the best interest of the child. The father appeals. We affirm the trial court’s decision and remand. |
Court of Appeals | ||
Tyrone E. Murphy v. State of Tennessee
Tyrone E. Murphy, Petitioner, appeals from the Hamilton County Circuit Court’s denial of |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Jaylon Lebron Hill
Defendant, Jaylon Lebron Hill, appeals his Hamilton County Criminal Court convictions |
Hamilton | Court of Criminal Appeals | |
Tino C. Sutton v. State of Tennessee
This is an interlocutory appeal as of right, pursuant to Tennessee Supreme Court Rule 10B, from the trial court’s orders denying the petitioner’s two pro se motions to recuse the trial court judge in the underlying restoration of citizenship action. The petitioner based his first motion to recuse in the instant case entirely upon actions and rulings made by the trial court judge in a previous civil case. He based his second motion to recuse on the same actions and rulings plus two additional orders, one entered by the trial court judge while the petitioner’s appeal of the first recusal denial was pending. Discerning no reversible error in the trial court judge’s denial of the motions to recuse, we affirm. |
Bedford | Court of Appeals | |
Jay William Edwards v. State of Tennessee
The Petitioner, Jay William Edwards, appeals from the denial of his petition seeking post-conviction relief from his convictions of aggravated kidnapping, assault, and interfering with an emergency call, for which he received an effective sentence of ten years’ confinement. On appeal, he argues: (1) trial counsels were ineffective in failing to object to (a) a constructive amendment to the indictment and (b) an incomplete White instruction; 1 and 2) he was deprived of his right to testify at trial.2 After review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
In Re Antonio P. et al.
The trial court terminated a mother’s parental rights to two of her minor children on the grounds of abandonment by failure to visit, substantial noncompliance with the permanency plans, persistent conditions, and failure to manifest an ability and willingness to assume custody or financial responsibility of the children. We affirm the trial court’s ruling on all grounds. We also conclude that terminating the mother’s parental rights is in the children’s best interests and affirm the trial court’s ultimate ruling. |
Davidson | Court of Appeals | |
Kenneth W. Barnett v. State of Tennessee
Petitioner, Kenneth Barnett, appeals from the Knox County Criminal Court’s denial of his |
Knox | Court of Criminal Appeals | |
Teofila H. Mocny v. Ronald G. Mocny
This is an appeal of a divorce case. Although we affirm in part and reverse in part, we also vacate several aspects of the trial court’s judgment for the reasons stated herein and remand for further proceedings consistent with this Opinion. |
Lawrence | Court of Appeals | |
Christine Christopher v. Walmart Associates, Inc.
A plaintiff sued a grocery store for premises liability, and the case was tried by a jury in June of 2023. The jury |
Hamilton | Court of Appeals | |
Bill Charles v. Donna McQueen
Ordinarily, a plaintiff asserting a defamation claim must prove that the defendant made a false statement and did so negligently. If the plaintiff is a public figure, however, he must prove that the statement was made with actual malice. This is a steep hill to climb, so determining whether the plaintiff is a public figure is a crucial inquiry in any defamation case. This case is no exception. The plaintiff here, Bill Charles, assisted with the development of the Durham Farms community in Hendersonville, Tennessee, and is president of its homeowners’ association. Charles brought defamation and false light claims against Donna McQueen, a Durham Farms resident who posted a Google review that was critical of him. McQueen sought dismissal of Charles’s claims under the Tennessee Public Participation Act, arguing that Charles could not establish a prima facie case for his claims because he could not prove actual malice. The trial court agreed with McQueen and dismissed the claims. The Court of Appeals reversed in part. It agreed with McQueen that Charles had to prove actual malice to prevail on his false light claim and had failed to do so. But it held that Charles is not a public figure and therefore need not prove actual malice for his defamation claim. We disagree with the Court of Appeals on that score. We hold that Charles is a limited-purpose public figure given the voluntary and prominent role he played in a controversy concerning changes to the Durham Farms development plan. We further hold that Charles failed to establish a prima facie case of actual malice. Finally, we reject Charles’s argument that McQueen waived her request for appellate attorney’s fees by failing to list it as an issue in her Court of Appeals brief. We reverse the Court of Appeals in part and affirm in part, and we remand for further proceedings. |
Williamson | Supreme Court | |
State of Tennessee v. Dan E. Durell
Petitioner, Dan E. Durell, filed a “Motion for Correction of Sentencing Documents” (“the |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Bobby Gene Carney
The Defendant, Bobby Gene Carney, appeals the trial court’s partial revocation of his probation, arguing that the trial court abused its discretion in revoking his probation and ordering him to complete inpatient drug treatment based on a single instance of what were only technical violations. Based on our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Rimon Abdou v. Wesley Ben Clark Et Al.
In this legal-malpractice case, the trial court granted Appellees’/Attorneys’ Tennessee Rule of Civil Procedure 12.02(6) motion to dismiss for failure to state a claim. Appellant/Client appeals. Discerning no error, we affirm and remand. |
Davidson | Court of Appeals | |
State of Tennessee v. Scott Allen Briggs
The Defendant, Scott Allen Briggs, was convicted by a Blount County Circuit Court jury of rape of a child, a Class |
Blount | Court of Criminal Appeals | |
F. W. White & Associates, LLC Et Al. v. John R. Chilton Et Al.
This appeal arises from a business relationship that deteriorated. F.W. White & Associates, LLC (“FWA”), through Fenton W. White, Jr. (“White”) (“Appellees,” collectively), sued John R. Chilton (“Chilton”), Centennial |
Court of Appeals |