State of Tennessee v. Mark Brian Dobson a/k/a Mark B. Martin
A Davidson County Criminal Court Jury convicted the Appellant, Mark Brian Dobson, of five counts of especially aggravated kidnapping, one count of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony. After a sentencing hearing, he received an effective seventy-year sentence. On appeal, the Appellant contends that (1) the evidence is insufficient to support the convictions, (2) the trial court improperly denied his motion for a continuance, (3) the trial court erred by admitting into evidence a recorded telephone call in which his mother mentioned a stolen firearm, (4) the indictment for the charge of employing a firearm during the commission of a dangerous felony was defective for failing to name the underlying dangerous felony, (5) the trial court improperly instructed the jury on employing a firearm during the commission of a dangerous felony, and (6) his effective sentence is excessive. Based upon the record and the parties’ briefs, we conclude that the Appellant’s sentence for employing a firearm during the commission of a dangerous felony in count eleven must be modified and remand the case to the trial court for correction of that judgment and to correct a clerical error on the judgment for count twelve. The judgments of the trial court are affirmed in all other respects. |
Davidson | Court of Criminal Appeals | |
Jana Maria Deboe Howard Sisco v. Robert Glynn Howard
Jana Maria Deboe Howard Sisco (“Mother”) appeals the March 31, 2015 order of the Circuit Court for Montgomery County (“the Trial Court”) modifying the Permanent Parenting Plan entered when Mother and Robert Glynn Howard (“Father”) divorced. Mother raises issues regarding whether a material change in circumstances justifying a modification had occurred and, if so, whether a modification was in the best interest of the parties’ minor children. We find and hold that the March 31, 2015 order fails to comply with Tenn. R. Civ. P. 52.01. We, therefore, vacate the March 31, 2015 order and remand this case to the Trial Court to make specific findings of fact and conclusions of law in compliance with Tenn. R. Civ. P. 52.01. |
Montgomery | Court of Appeals | |
State of Tennessee v. Candace Renee Bennett
The Defendant, Candace Renee Bennett, pleaded guilty to attempted aggravated child neglect in exchange for an agreed eight-year sentence. The trial court ordered that the Defendant serve her sentence on probation and that her sentence run concurrently with a sentence in another case. The Defendant filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1 contending that her sentence was illegal. She asked to withdraw her guilty plea and have the charges dismissed. The trial court denied her motion. On appeal, the Defendant contends that her sentence is illegal because it is not authorized by, and directly contravenes the criminal responsibility statute. After review, we affirm the trial court’s judgment. |
Davidson | Court of Criminal Appeals | |
Rodney Glover v. State of Tennessee
The Petitioner, Rodney Glover, was convicted of conspiracy to commit aggravated burglary, aggravated burglary, conspiracy to commit theft of property over $10,000, aggravated robbery, aggravated kidnapping, and theft of property under $500 and was sentenced to fifty years of incarceration to be served at 100%. This Court affirmed the judgments and sentence on appeal. State v. Rodney Glover, No. M2011-00854-CCA-R3-CD, 2012 WL 1071716, at *1 (Tenn. Crim. App., at Nashville, Mar. 28, 2012), no perm. app. filed. In 2013, the Petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel. We affirm the post-conviction court’s judgment. |
Montgomery | Court of Criminal Appeals | |
Tracy Vann Knocke v. James Joseph Knocke
The Final Judgment of Divorce entered in this case reserved the issue of the division of any deficiency indebtedness resulting from the foreclosure of the parties’ marital residence prior to the time of trial. The Permanent Parenting Plan, incorporated into the Final Judgment, also indicated that the precise amount of child support, as a portion of the total support payment ordered by the trial court, had yet to be determined. As such, it is clear that the order appealed from does not resolve all issues raised in the proceedings below. As a result of this jurisdictional defect, we lack jurisdiction to consider this appeal. |
Bradley | Court of Appeals | |
Heather McMurry v. State of Tennessee
The Petitioner, Heather McMurry, appeals the post-conviction court's denial of her petition for post-conviction relief from her convictions of numerous drug offenses within 1,000 feet of a school zone and resulting effective twelve-year sentence with a mandatory eight years to be served in confinement. On appeal, the Petitioner contends that she received the ineffective assistance of trial counsel. Based upon the record and the parties' briefs, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Jimmy Newell v. Tamara Ford, Warden
The Petitioner, Jimmy Newell, appeals the dismissal of his habeas corpus petition in which he challenged the legality of his two convictions for theft of property between $1,000 and $10,000 and his effective four-year sentence concurrently and with parole eligibility after service of thirty percent of his sentence. After a thorough review of the record, we conclude that the petition was properly dismissed, and we affirm the judgment of the habeas corpus court. |
Hardeman | Court of Criminal Appeals | |
In Re: A-River City Bail Bond, Inc.
The appellant, A-River City Bail Bond, Inc., appeals its suspension from writing bonds in the Thirtieth Judicial District due to its failure to comply with the local rules. The appellant argues that a local rule requiring the posting of at least $75,000 in cash or certificate of deposit with the Criminal Court Clerk does not apply to it and that the trial court failed to provide it with procedural due process when suspending its ability to write bonds. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Martrell Holloway v. State of Tennessee
Petitioner, Martrell Holloway, appeals the post-conviction court’s denial of post-conviction relief following an evidentiary hearing. The petition challenged Petitioner’s convictions for two counts of especially aggravated kidnapping, three counts of aggravated robbery, and one count of especially aggravated robbery. The convictions resulted from guilty pleas pursuant to a negotiated plea agreement with the Shelby County District Attorney’s Office which was approved by the trial court for a total sentence of 18 years. After review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Leo H. Odom
Defendant, Leo H. Odom, is appealing the trial court’s denial of his motion to correct an illegal sentence filed pursuant to Rule of Criminal Procedure Rule 36.1 The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Tony Ladd Meeks
Defendant, Tony Ladd Meeks, is appealing the trial court’s order dismissing his motion to correct an illegal sentence filed pursuant to Rule of Criminal Procedure Rule 36.1 The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted. |
Grundy | Court of Criminal Appeals | |
In Re: La'Trianna W.
This appeal involves the termination of a father's parental rights to his minor child. Following a bench trial, the trial court found that clear and convincing evidence existed to support the termination of his rights on the statutory ground of mental incompetence. The court further found that termination was in the best interest of the child. The father appeals. We affirm. |
Knox | Court of Appeals | |
Jeremy David Parvin v. Jackie LaDean Newman
In this post-divorce action, the husband filed a complaint alleging abuse of process on the part of the wife during the divorce proceedings. He asserted that prior to the parties' stipulation to grounds for divorce and presentation of a settlement agreement, subsequently adopted by the trial court in a final divorce judgment, the wife had filed a motion for contempt against him with the intent to harass him, cause him to incur unnecessary expense, and “weaken his resolve” to litigate for more favorable terms. The wife filed a motion to dismiss this action, which the trial court treated as a motion for summary judgment because the wife had requested that the court consider the record of the divorce proceedings. Following a hearing, the trial court granted summary judgment in favor of the wife upon finding, inter alia, that the husband's complaint was barred by the doctrine of res judicata. Upon the wife's subsequent motion, the trial court imposed a sanction against the husband's counsel, pursuant to Tennessee Rule of Civil Procedure 11.02, in the amount of $9,745.25, comprising the wife's reasonable attorney's fees and expenses incurred in defending against this action. The husband appeals. Discerning no reversible error, we affirm. We deny the wife's request for attorney's fees on appeal. |
Hamilton | Court of Appeals | |
Sheddrick Harris v. State of Tennessee
The Petitioner, Sheddrick Harris, appeals the Johnson County Criminal Court’s summary dismissal of his petition for a writ of habeas corpus from his 2010 first degree murder and especially aggravated robbery convictions and his effective sentence of life without the possibility of parole plus sixty years. The Petitioner contends that the habeas corpus court erred by denying relief because the trial court judge was without jurisdiction to preside over his trial after signing the search warrant executed by the police. We affirm the judgment of the habeas corpus court. |
Johnson | Court of Criminal Appeals | |
Jeremy David Parvin v. Jackie Ladean Parvin - dissenting in part
I fully concur in the majority's opinion with one exception—I would grant Wife's request for attorney's fees on appeal. I respectfully dissent on this one issue. |
Hamilton | Court of Appeals | |
William Lane Lanier v. Corie J. Lanier
The Mother and Father of three children were divorced in 2007; in the parenting plan Father was designated primary residential parent, and Mother and Father received equal parenting time. Five years after entry of the plan, the trial court found a material change in circumstances with respect to the oldest child; determined that modification of the parenting plan was in her best interest; and reduced Mother’s parenting time with that child. Seven months later, Mother filed a petition to modify the plan; Father answered and filed a counter-petition for contempt and modification of the parenting plan based on changed circumstances. A hearing was held on both petitions and the trial court entered an order which, inter alia, gave Father sole decision-making responsibility with respect to each of the children and reduced Mother’s parenting time. Both parties appeal, raising numerous issues. We vacate that portion of the judgment that sets the parenting time during the children’s vacation schedule and remand this issue for further consideration; in all other respects we affirm the judgment. |
Marshall | Court of Appeals | |
American Mining Insurance Company v. Terry H. Campbell
In 1992, Terry Campbell (“Employee”) suffered injuries to his lumbar and cervical spine as a result of a workplace accident. In 1998, the trial court awarded permanent and total disability benefits and ordered the employer’s insurer, American Mining Insurance Company (“Insurer”), to provide medical treatment in accordance with Tennessee Code Annotated section 50-6-204. Dr. Gregory Ball was Employee’s treating physician. In 2008, and again in 2010, Employee filed contempt petitions alleging Insurer failed to provide medical treatment recommended by Dr. Ball. On each occasion, the trial court found in favor of Employee. In 2013, Insurer filed a petition, asserting Dr. Ball’s treatment was neither reasonable nor necessary and seeking the removal of Dr. Ball as Employee’s physician. The trial court denied the petition and awarded attorney fees to Employee. Insurer appealed, asserting the trial court erred by denying its petition and awarding attorney fees. The Supreme Court referred this appeal 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 judgment. |
Grundy | Workers Compensation Panel | |
State of Tennessee v. Jeffrey Odom
The Defendant, Jeffrey Odom, appeals the trial court’s dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1 due to the Defendant’s failure to appear at the scheduled hearing. Upon reviewing the record and the applicable law, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
John Anthony Gentry v. Katherine Wise Gentry
Appellant seeks review of three appellate judges’ denial of his motion asking them to recuse themselves. We find no bias, and no error, in the matters appellant raises and therefore deny the motion to recuse the judges. |
Sumner | Court of Appeals | |
Ace Design Group, Inc. v. Greater Christ Temple Church
Appellant/Church appeals the trial court’s entry of default judgment against it and the trial court’s award of damages for breach of contract in favor of Appellee, an architectural and design firm. Appellee served its complaint for breach of contract on Appellant’s registered agent at an address other than the one listed with the Secretary of State. The trial court found that service was proper and entered default judgment against Appellant for failure to appear. Thereafter, the trial court entered judgment in favor of Appellee for the alleged balance on the contract price, lost profits, and interest. We conclude that the default judgment was proper. However, as to the type and measure of damages, we vacate and remand. |
Davidson | Court of Appeals | |
Mark W. Lovett v. Frank Lynch, et al.
Appellant, the first, but not the highest nor successful bidder on a piece of real property in a delinquent tax property sale, filed a quo warranto action alleging that the tax sale was conducted illegally. The trial court dismissed appellant’s suit for lack of standing because the property at issue had been redeemed by an individual with a mortgage on the property. Discerning no error, we affirm. |
Franklin | Court of Appeals | |
Valerie Miller v. Jackson-Madison County General Hospital District, et al.
This is a case, brought pursuant to the Tennessee Governmental Tort Liability Act, involving a plaintiff who was injured when she slipped and fell in a municipal hospital owned and operated by the defendant. The plaintiff alleged that she suffered injuries after slipping in water that was on the hospital's floor. Following a bench trial, the trial court found that the defendant had no actual or constructive notice of the water and entered judgment in its favor. The plaintiff appealed. We affirm. |
Madison | Court of Appeals | |
Douglas Marshall Mathis v. Bruce Westbrooks, Warden
Petitioner, Douglas Marshall Mathis, appeals the summary dismissal of his third petition for habeas corpus relief. Because Petitioner’s claims have been previously litigated and are not cognizable in a habeas corpus proceeding, we affirm the summary dismissal of the petition for habeas corpus relief. |
Davidson | Court of Criminal Appeals | |
Kathy Hudson v. William T. Hudson
This is the second appeal of this case. In the first appeal, the Husband appealed the trial court’s valuation of the marital assets and its overall distribution of the marital estate. Appellant Husband now appeals the trial court’s adoption of Appellee Wife’s property survey dividing certain real property. Husband also appeals the trial court’s valuation of a tractor and attachments, which were awarded to Wife in the final decree of divorce. Because Wife’s survey does not comport with the division of real property as set out in the final decree of divorce, the trial court abused its discretion in adopting it. Accordingly, we reverse the trial court’s order as to the adoption of Wife’s survey. As to the value of the tractor, we conclude that the trial court’s valuation is within the range of values represented by the evidence and affirm this portion of the trial court’s order. Reversed in part, affirmed in part and remanded. |
McNairy | Court of Appeals | |
Samuel Chandler v. Cynthia Perkins Frazier a/k/a Cynthia Edwards
Appellant appeals the trial court’s dismissal of his complaint to quiet title. Appellant claimed that Appellee’s title was procured by fraud. The trial court denied relief. Because the trial court’s order does not contain sufficient findings and conclusions of law |
Shelby | Court of Appeals |