State of Tennessee v. Billy Applegate
The Defendant, Billy Applegate, was indicted for one count of driving under the influence (DUI); one count of DUI per se; one count of leaving the scene of an accident resulting in damage to property adjacent to a highway; one count of driving a motor vehicle with an expired registration; and two counts of resisting arrest. See Tenn. Code Ann. §§ 39-16-602, 55-4-104, -10-105, -10-401. Following a jury trial, the Defendant was acquitted of the DUI, DUI per se, and leaving the scene of an accident charges. The jury convicted the Defendant of driving with an expired registration and both resisting arrest charges. The trial court imposed a total effective sentence of six months' incarceration to be served at seventy-five percent. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his resisting arrest convictions; and (2) that the trial court erred in denying the Defendant's request for alternative sentencing. Following our review, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
In Re Bailey W., et al
This case involves termination of the parental rights of a mother to her four children. After investigating a report of drug exposure, the Tennessee Department of Children’s Services (“DCS”) obtained emergency temporary custody of the children. Ten months after the children were removed from the mother’s home, DCS filed a petition to terminate the mother’s parental rights on the grounds of abandonment by willful failure to support and failure to establish a suitable home, substantial noncompliance with the permanency plan, and persistence of conditions. The juvenile court found all grounds were established by clear and convincing evidence and that termination of the mother’s parental rights was in the children’s best interests. The mother appeals both the grounds for termination and that termination was in the children’s best interests. The mother also argues her due process rights were violated because the court admitted testimony by deposition. Although we conclude that the proof was less than clear and convincing that the mother willfully failed to support her children, we affirm the termination of parental rights. |
Fentress | Court of Appeals | |
HCA Health Services of Tennessee, Inc., et al v. Bluecross Blueshield of Tennessee, Inc.
Interlocutory appeal in suit brought by healthcare corporations to recover costs for emergency medical services rendered to patients participating in Defendant’s insurance plans. We conclude that the Employee Retirement Income Security Act (“ERISA”) preempts plaintiffs’ state-law cause of action based on implied-in-law contract; that we are without subject matter jurisdiction to rule on whether Plaintiffs should be deemed to have exhausted the insurance company’s appeals process and therefore decline to consider whether summary judgment should have been granted on the defense of failure to exhaust administrative remedies; that Plaintiff is not entitled to relief under an implied-in-law contract cause of action as to those plans which are not governed by ERISA based upon the duties imposed on the parties by state and federal law; that the insurance company should have been granted summary judgment on certain coverage claims arising from plans not governed by ERISA because Plaintiffs failed to exhaust grievance procedures; that Tenn. Code Ann. § 56-7-110(b) does not bar coverage claims; and that 47 coverage claims were improperly included in this lawsuit and should have been dismissed on summary judgment. Accordingly, we affirm in part, reverse in part, and vacate in part the lower court’s order and remand for further proceedings. |
Davidson | Court of Appeals | |
Austin Davis v. Covenant Presbyterian Church of Nashville, et al.
Following the trial court’s dismissal of their complaint, the plaintiffs filed a motion for relief from judgment pursuant to Rule 60.02 of the Tennessee Rules of Civil Procedure (“Rule 60.02”). The trial court found no basis for setting aside the judgment under Rule 60.02 and denied the motion. The plaintiffs appealed. We affirm. |
Davidson | Court of Appeals | |
State of Tennessee v. Dewey Burton, Jr.
Defendant, Dewey Burton, Jr., appeals his conviction for aggravated child neglect, raising the following issues: (1) whether the child neglect statute is unconstitutionally vague; (2) whether the jury instructions inadequately explained the mens rea requirement; (3) whether the trial court erred by permitting the medical expert to offer an opinion as to an ultimate issue; and (4) whether the evidence was sufficient to support his conviction. The judgment of the trial court is affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Shaun Royal Hill
A Tipton County jury convicted the Defendant, Shaun Royal Hill, of rape, and the trial court sentenced him to fifteen years in confinement. On appeal, the Defendant contends that: (1) the evidence was insufficient to sustain his conviction; (2) the trial court erred when it admitted the Defendant's phone records into evidence; (3) the Defendant was prejudiced by the jury venire and the jury selection process; (4) the trial court erred when it failed to instruct the jury regarding the collection and preservation of evidence; (5) the trial court erred when it allowed the State to impeach a witness through another witness's testimony; (6) the trial court erred when it restricted the Defendant's cross-examination of the victim; (7) the State made improper comments throughout trial; and (8) the trial court erred when it sentenced him. After a thorough review of the record and applicable authorities, we affirm the trial court's judgment. |
Tipton | Court of Criminal Appeals | |
Victoria Haynes v. Benton Ned Bass, et al.
Ex-wife sued ex-husband, mortgage company, title company, and attorney alleging causes of action for fraud, negligent misrepresentation, promissory estoppel, breach of contract, negligence, and civil conspiracy. Pursuant to the terms of a postnuptial agreement, a residence purchased in Collierville, Tennessee was to be ex-wife's separate property. Ex-wife alleged that ex-husband failed to deed the property to her as agreed in the postnuptial agreement. She further alleged that he forged or caused to be forged her name on loan documents for the Collierville residence, which were then “falsely notarized” by the attorney. Defendants asserted multiple defenses and filed motions to dismiss and for judgment on the pleadings. We have determined that the trial court properly dismissed all of the plaintiff's claims for failure to state a claim upon which relief could be granted. Plaintiff's damages were the result of her failure to pay the mortgage on the Collierville residence, which caused the Arkansas divorce court to hold her in contempt and to order the property sold at auction. Even if we assume that all of the allegations of the plaintiff's complaint are true, these allegations fail to make out a claim for relief. |
Shelby | Court of Appeals | |
John Howard Story et al. v. Nicholas D. Bunstein et al.
This is a legal malpractice case. Appellees, who are licensed attorneys, represented Appellants in the underlying lender's liability lawsuit. Following dismissal of all defendants in the underlying litigation, Appellants' filed a complaint for legal malpractice against Appellees. The trial court dismissed the legal malpractice case, inter alia, on the ground that the one-year statute of limitations for legal malpractice claims had expired. Tenn. Code Ann. §28-3-104(c)(1). Affirmed and remanded. |
Knox | Court of Appeals | |
State of Tennessee v. Marcus O. Hill
The Appellant, Marcus O. Hill, appeals as of right from the Maury County Circuit Court’s summary dismissal of his several motions, wherein he alleged that he was falsely imprisoned due to the improper restructuring of his plea agreement by the Tennessee Department of Correction (“TDOC”). The gravamen of the Appellant’s complaint is with the TDOC’s alignment of his sentences in violation of the terms of his plea agreement. After a review of the record, we affirm. |
Maury | Court of Criminal Appeals | |
Joyce Bradley Watts v. Colin Wade Watts
At issue is whether a trial court may award attorney’s fees that relate to a petition for criminal contempt when the contempt arises in the context of a child support proceeding. Mother filed a post-divorce petition asserting that Father was in criminal contempt for failing to satisfy his support obligations along with a petition seeking a judgment for child support arrearages and attorney’s fees. After an evidentiary hearing, the trial court found Father guilty of one count of criminal contempt and found that Mother was entitled to a judgment for the unpaid child support. When Mother submitted her application for attorney’s fees, Father objected arguing that an award of attorney’s fees for the prosecution of the criminal contempt petition would violate his rights under Tenn. Code Ann. § 29-9-103(b) and Article VI, Section 14 of the Tennessee Constitution. Following a hearing, the court awarded Mother her attorney’s fees related to the child support judgment pursuant to Tenn. Code Ann. § 36-5-103(c), which award is not at issue in this appeal. The court also awarded Mother the attorney’s fees she incurred in pursuit of the criminal contempt petition pursuant to Tenn. Code Ann. § 36-5-103(c) because “the criminal contempt [petition] served a dual purpose of preserving the power and vindicating the dignity and authority of the law and the Court as well as collecting substantial amounts of child support for the benefit of the minor children.” While we recognize that a criminal contempt petition may serve as the catalyst for a delinquent parent to satisfy his or her child support obligations, the purpose of criminal contempt is to uphold the court’s authority, not to enforce the private rights of a party. Moreover, the criminal contempt statute, Tenn. Code Ann. § 29-9-103(b), expressly limits the punishment that a court may award, and it makes no provision for the recovery of attorney’s fees. Because attorney’s fees incurred in a petition for criminal contempt are not provided for by statute or other rule and the purpose of criminal contempt is to uphold the court’s authority, not to enforce the private rights of a party, we reverse the award of attorney’s fees related to the petition for criminal contempt. |
Davidson | Court of Appeals | |
Ronnie Gordon v. Tractor Supply Company
Plaintiff appeals the summary dismissal of his claims for malicious prosecution, false imprisonment, and negligent supervision. Plaintiff was arrested and subsequently indicted for two criminal offenses based on statements given to police by two of Defendant’s employees at the Tractor Supply Company store in Lenoir City, Tennessee. When the criminal case went to trial, one of the charges was dismissed on the day of trial, and the jury found the defendant not guilty of the other charge. Thereafter, Plaintiff commenced this action asserting several claims. Following discovery, Defendant filed a motion to summarily dismiss all claims. The trial court granted the motion as to three of the claims: malicious prosecution, false imprisonment, and negligent supervision. The plaintiff appealed. We affirm the dismissal of the false imprisonment claim. As for the claims for malicious prosecution and negligent supervision, we have determined that material facts are disputed. Therefore, we reverse the dismissal of the claims for malicious prosecution and negligent supervision and remand for further proceedings consistent with this opinion. |
Williamson | Court of Appeals | |
State of Tennessee v. Sergei A. Novikov
The defendant, Sergei A. Novikov, appeals his Wilson County Criminal Court bench conviction of criminal trespass, claiming that the evidence was insufficient to support his conviction. Discerning no error, we affirm. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Ross Pruitt
Ross Pruitt (“the Defendant”) appeals the Blount County Circuit Court’s order revoking his probation and imposing the balance of his two-year sentence for aggravated statutory rape. On appeal, the Defendant argues that the trial court abused its discretion by ordering him to serve the balance of his sentence in confinement as opposed to split confinement with the added condition that his internet access be monitored and restricted while on probation. After a thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Adam Christopher Butler
The Defendant, Adam Christopher Butler, was convicted by a Madison County Circuit Court jury of vandalism of property valued at $1000 or more. See T.C.A. § 39-14-408 (2014) (amended 2015). The trial court sentenced the Defendant to an effective four years on community corrections. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction and (2) the trial court erred in excluding testimony relative to the victim's accusations against another person. We affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
In re Estate of Bruce Chapman Bower
This appeal arises over a dispute regarding the terms of a trust. Bruce Chapman Bower (“Decedent”) died having executed a trust (“the Trust”), the primary asset of which was a lake house. Decedent's son, Christopher R. Bower (“Successor Trustee”), served as Successor Trustee. Decedent's widow, Denise Bower (“Widow”), objected to the appointment of Successor Trustee, and the parties engaged in litigation over various terms of the Trust. The Probate Court for Sevier County (“Trial Court”) found that, under the Trust, Widow was entitled to exclusive use of the lake house as well as payments of $2,000 per month. Successor Trustee appealed to this Court. We reverse the judgment of the Trial Court in its interpretation of the terms of the Trust. We also modify the Trial Court's award of attorney's fees to Widow. The judgment of the Trial Court is modified, in part, and reversed, in part. |
Sevier | Court of Appeals | |
In re Milli L. et al.
Mother appeals the termination of her parental rights, asserting that the evidence does not sustain the grounds of abandonment by failure to support and persistence of conditions as found by the court and does not support the finding that termination of Mother’s rights was in the child’s best interest. Finding that the record clearly and convincingly supports the grounds found by the court, as well as the finding that termination of Mother’s rights is in the child’s best interest, we affirm the judgment. |
Knox | Court of Appeals | |
Craig L. Beene v. Dan M. Alsobrooks
The petitioner sought a writ of mandamus to compel the district attorney general to furnish him with copies of records pertaining to his criminal case. The trial court dismissed the petition, finding that the district attorney general named in the petition had retired, that the statute did not require delivery of records to an incarcerated petitioner, and that the records had been provided in discovery and were no longer available to produce for inspection. The petitioner appeals. We affirm. |
Dickson | Court of Appeals | |
In re Jayvien O.
This appeal involves the termination of a mother's parental rights. The trial court found by clear and convincing evidence that the mother abandoned her four-year-old son by willfully failing to visit him and that it was in the best interest of the child to terminate the mother's parental rights. The mother appeals. We affirm. |
Obion | Court of Appeals | |
State of Tennessee v. Larsheika Hill
The Defendant-Appellant, Larsheika Hill, entered a “best-interest” guilty plea on October 10, 2014, to the delivery of .5 grams or more of cocaine. Prior to sentencing, Hill filed a motion to withdraw her guilty plea, alleging that her attorney coerced her into pleading guilty. After a hearing, the trial court denied the motion. On appeal, Hill contends that the trial court erred in denying her motion to withdraw her guilty plea. Upon review, we affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Carolyn Tillilie
This is a Rule 3 appeal of an order requiring the Appellant to post security for the care of three horses. Appellant was charged with cruelty to horses and ordered to post security for the care of the horses pending the resolution of her criminal charges. Appellant appealed. We determine that this is a criminal matter and therefore dismiss this appeal for lack of subject matter jurisdiction. |
Fayette | Court of Appeals | |
Lajeanra E. Polk v. State of Tennessee
The Petitioner, LaJeanra E. Polk, filed a petition in the Montgomery County Circuit Court, seeking post-conviction relief because her counsel was ineffective. The post-conviction court denied the petition, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Delarris Jones a/k/a Cedrick Jones
The Defendant, Delarris Jones, also known as Cedrick Jones, was convicted by a Shelby County Criminal Court jury of attempt to commit second degree murder, a Class B felony; aggravated assault, a Class C felony; employing a firearm during commission of a dangerous felony, a Class C felony; possessing a firearm as a person convicted of a felony involving the use of violence, a Class C felony; and possessing a firearm as a person convicted of a felony drug offense, a Class D felony. See T.C.A. §§ 39-13-210(a)(1) (2014) (second degree murder); 39-13-102(a)(1)(iii) (Supp. 2011) (amended 2013, 2015) (aggravated assault); 39-17-1324 (2014) (employing a firearm during the commission of a dangerous felony); 39-17-1307(b)(1)(A), (B) (Supp. 2012) (amended 2014) (felon in possession of a firearm); 39-12-101(a) (2014) (criminal attempt). The Defendant received an effective forty-year sentence. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Terry Butler
The Defendant, Terry Butler, was convicted by a Shelby County Criminal Court jury of tampering with evidence, a Class C felony, three counts of official misconduct, a Class E felony, and two counts of official oppression, a Class E felony. See T.C.A. §§ 39-16-503 (2014) (evidence tampering), 39-16-402 (2014) (official misconduct), 39-16-403 (2014) (official oppression). The trial court merged the three counts of official misconduct and sentenced the Defendant to an effective four years to be served on five years' probation. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions, (2) the indictment for Count 3, official misconduct, was defective, and (3) the trial court erred in denying judicial diversion. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
In re Christian P. et al.
This appeal involves the termination of a mother's parental rights to five minor children. Following a bench trial, the trial court found that clear and convincing evidence existed to support the termination of her rights on the statutory ground of the persistence of conditions which led to removal. The court further found that termination was in the best interest of the children. The mother appeals. We affirm. |
Hamilton | Court of Appeals | |
State of Tennessee v. June Anne Wascher
The Defendant-Appellant, June Ann Wascher, entered a guilty plea to driving under the influence (DUI) in exchange for an eleven-month and twenty-nine day probationary sentence, after service of forty-eight hours in jail. As a condition of her plea, Wascher reserved a certified question of law challenging the denial of her motion to suppress, which was based upon an alleged unconstitutional seizure. Following our review, we reverse and vacate the judgment of the trial court and dismiss the case. |
Sevier | Court of Criminal Appeals |