In Re Rylee R., et al.
This is a termination of parental rights case. Mother/Appellant appeals the termination of her parental rights to two minor children on the statutory grounds of: (1) persistence of the conditions that led to the removal of the children from Appellant’s home; and (2) substantial noncompliance with the requirements set out in the permanency plan. Appellant also appeals the trial court’s determination that termination of her parental rights is in the best interests of the children, and she raises several issues concerning the admission of evidence. We conclude that the state did not establish the predicate for termination of Appellant’s parental rights on the ground of persistence of conditions; however, we affirm the termination of Mother’s parental rights on the ground of substantial noncompliance with the requirements of the permanency plan. We also affirm the trial court’s finding that termination of Mother’s parental rights is in the children’s best interests. |
Bradley | Court of Appeals | |
C. Wesley Fowler as Administrator Ad Litem of the Estate of Frank Jackson v. City of Memphis, et al.
In this premises liability case, the plaintiff appeals from the trial court's grant of summary judgment to a governmental defendant. We affirm in part, vacate in part, and remand. |
Shelby | Court of Appeals | |
John Jack Lynch v. State of Tennessee
Petitioner, John Jack Lynch, appeals from the denial of post-conviction relief in which he argued that he received ineffective assistance of counsel. After a thorough review, we determine Petitioner has failed to show clear and convincing evidence that he received ineffective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Dannie Brumfield
The Defendant, Dannie Brumfield, appeals as of right from the Rutherford County Circuit Court’s revocation of his probation and order of confinement for six years. The Defendant contends that the trial court abused its discretion in revoking his probation and ordering him to serve two additional sentences concurrently with the remainder of his original sentence. Following our review, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
Gregory Eidson v. State of Tennessee
In 2012, the Petitioner, Gregory Eidson, pleaded guilty to aggravated assault and attempted second degree murder, and the trial court imposed consecutive sentences of three and eight years, respectively, to be served on Community Corrections. The Petitioner filed a timely petition for post-conviction relief, which the post-conviction court denied. This Court affirmed the denial. Gregory Eidson v. State, No. M2012-02482-CCA-R3-PC, 2013 WL 6405782, at *1 (Tenn. Crim. App., at Nashville, Dec. 6, 2013), perm. app. denied (Tenn. Mar. 5, 2014). In 2014, the Petitioner’s Community Corrections sentence was revoked, and the trial court ordered the Petitioner to serve his eleven-year sentence in confinement. After filing several motions and petitions, the Petitioner filed a petition for writ of habeas corpus, which he also termed a second motion to reopen his post-conviction petition, and a motion for correction of an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. The trial court entered an order dismissing the petition and motion. We affirm the trial court’s judgments. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. James M. Grant
Defendant, James M. Grant, appeals the denial of his motion filed pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure in which he claimed that he received an illegal sentence after a 1998 guilty plea to one count of facilitation of first degree murder and two counts of attempted first degree murder. Upon our review of the record and applicable authorities, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Alice Wheeler Et Al v. Mark Abbott Et Al.
Catherine McCulley, Jean Abbott, Steven Abbott, Jerry Abbott, Larry Abbott, Diane West, and Geraldine Abbott (“Plaintiffs”) sued Mark Abbott and Stephanie Abbott (“Defendants”)1 with regard to an alleged easement located across real property in Sevier County, Tennessee. During the pendency of the suit, Catherine McCulley died and a motion was made to substitute her four children as party plaintiffs. Without benefit of a hearing, the Chancery Court for Sevier County (“the Trial Court”) entered an order allowing the substitution. The case then was tried, and the Trial Court entered its judgment finding and holding, inter alia, that “the Plaintiffs, the heirs of Elmer Abbott, have an easment across the property of the Defendant, Mark Abbott . . . .” Defendants appeal to this Court raising several issues. We find and hold that the motion for substitution and the Trial Court’s order granting the motion failed to comply with Tenn. R. Civ. P. 25, which deprived Defendants of an opportunity to be heard prior to entry of the order allowing substitution. We, therefore, vacate both the April 22, 2015 order allowing substitution of parties and the June 5, 2015 judgment holding that “the Plaintiffs” have an easement, and we remand this case for further proceedings consistent with this Opinion. |
Sevier | Court of Appeals | |
State of Tennessee v. John G. Apfel aka Raymond Debartolomies
A Lawrence County Circuit Court Jury convicted the Appellant, John Apfel aka Raymond DeBartolomies, of theft of $1,000 or more but less than $10,000. The trial court imposed a sentence of four years. On appeal, the Appellant challenges the sufficiency of the evidence supporting his conviction, the trial court’s denial of alternative sentencing, and the amount of restitution imposed. Upon review, we affirm the judgment of the trial court. |
Lawrence | Court of Criminal Appeals | |
Tina Dawn Garner v. Scott Whitney Garner
This accelerated interlocutory appeal arises from the trial court's denial of Appellant's motion for recusal. Having reviewed the trial court's ruling on the motion for recusal pursuant to the de novo standard of review required under Tennessee Supreme Court Rule 10B, we affirm the judgment of the trial court. |
Hardin | Court of Appeals | |
State of Tennessee v. Mark Rollins
The defendant, Mark Rollins, pleaded guilty to first offense driving under the influence of an intoxicant and reserved as a certified question the propriety of the vehicle stop leading to his arrest. Discerning no error, we affirm. |
Rutherford | Court of Criminal Appeals | |
Michael Lamar Gaines v. State of Tennessee
Petitioner, Michael Lamar Gaines, filed a motion to reopen post-conviction proceedings. Because he failed to comply with the statutory requirements for seeking discretionary review of the dismissal of his motion, this Court has no jurisdiction over the case. Accordingly, the appeal is dismissed. |
Marion | Court of Criminal Appeals | |
Michael Lamar Gaines v. State of Tennessee
Petitioner, Michael Lamar Gaines, filed a motion to reopen post-conviction proceedings. Because he failed to comply with the statutory requirements for seeking discretionary review of the dismissal of his motion, this Court has no jurisdiction over the case. Accordingly, the appeal is dismissed. |
Marion | Court of Criminal Appeals | |
State of Tennessee v. Jimmy Wilson
The defendant, Jimmy Wilson, was indicted for theft of property valued at $1000 or more but less than $10,000, in violation of Tennessee Code Annotated section 39-14-103, after unlawfully receiving of $5,875.72 in travel reimbursements from the U.S. Department of Veterans Affairs. Following trial, a jury found the defendant guilty of the same. On appeal, the defendant argues that there was insufficient evidence to support his conviction. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Demarco Waters
The defendant, DeMarco Waters, was convicted by a Shelby County Criminal Court jury of premeditated first degree murder; three counts of attempted first degree murder, Class A felonies; attempted second degree murder, a Class B felony; and four counts of employing a firearm during the commission of a dangerous felony, Class C felonies. The defendant was sentenced to an effective term of life plus seventy-seven years. On appeal, the defendant argues that the evidence is insufficient to sustain his convictions and that the trial court abused its discretion in ordering consecutive sentencing. After review, we affirm the judgments of the trial court. However, we remand for entry of a corrected judgment in Count 6 to indicate that the conviction offense is a Class A felony. |
Shelby | Court of Criminal Appeals | |
Torian Dillard v. State of Tennessee
The petitioner, Torian Dillard, was convicted in 2006 of aggravated kidnapping and sentenced to twenty years. His conviction was affirmed on direct appeal. State v. Torian Dillard, No. W2007-00911-CCA-R3-CD, 2008 WL 3342952, at *1 (Tenn. Crim. App. Aug. 11, 2008), perm. app. denied (Tenn. Feb. 2, 2009). He then filed a timely petition for post-conviction relief, alleging that trial counsel had been ineffective in that counsel failed to properly investigate the facts of the case or to provide a sufficient reason to dismiss a prospective juror and that the trial court erred in allowing the victim to sit facing the jury, with her back to the petitioner. After an evidentiary hearing, the post-conviction court denied relief; and, following our review, we affirm that order. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Anthony Harville
Defendant, Anthony Harville, was convicted of three counts of the sale of a Schedule II controlled substance and received an effective sentence of fifteen years. Defendant appeals his convictions, challenging the sufficiency of the evidence and his sentence. After a review, we affirm the convictions and sentences. |
Smith | Court of Criminal Appeals | |
State of Tennessee v. Mandricuss Lashon Robertson
Defendant, Mandricuss Lashon Robertson, pled guilty to twelve counts of aggravated burglary and an agreed-upon effective sentence of twenty years as a Range II, multiple offender in exchange for the dismissal of the remaining twenty-three counts of the presentment. The trial court denied an alternative sentence after a lengthy sentencing hearing. Defendant now appeals. After a review, we conclude that the trial court did not abuse its discretion in imposing a sentence involving incarceration. Accordingly, the judgments of the trial court are affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Randall Boaz
Defendant, Randall Boaz, appeals his Giles County conviction for reckless endangerment with a deadly weapon. His single issue on appeal is a claim of insufficient evidence that he used his vehicle as a deadly weapon. Upon our review of the record, we affirm the judgment of the trial court. |
Giles | Court of Criminal Appeals | |
Jorge A. Alfonso, et al. v. Linda V. Bailey, Executrix and Personal Representative of the Estate of Robert M. Bailey, et al.
This appeal stems from a foreclosure. Jorge A. Alfonso and Madelyn Alfonso (“Plaintiffs”) defaulted on their mortgage on real property owed to CitiMortgage, Inc. (“Citi”). Plaintiffs wanted to effectuate a short sale in order to avoid foreclosure. However, certain real estate investors (“Defendants”) attended the foreclosure sale, bid on, and purchased the property. Plaintiffs sued Defendants and Citi in the Chancery Court for Sevier County (“the Trial Court”), alleging in part that Defendants knew that Plaintiffs and Citi were engaged in discussions to complete a short sale but purchased the property anyway. The Trial Court granted Citi’s motion to dismiss finding that Citi had the right to pursue foreclosure even if it was in talks with Plaintiffs to conduct a short sale. Plaintiffs do not appeal that order. The Trial Court later granted a motion to dismiss claims against the remaining Defendants. Plaintiffs appeal to this Court. We find and hold that Plaintiffs have stated no cause of action against the remaining Defendants. We affirm the judgment of the Trial Court. |
Sevier | Court of Appeals | |
Amanda Peters-Asbury, et al v. Knoxville Area Transit, Inc.
This is a Governmental Tort Liability Act (GTLA) case involving a plaintiff who fractured her ankle when she fell exiting a bus owned and operated by the defendant. The plaintiff filed this lawsuit alleging that the defendant negligently caused her fall by dropping her off in a dangerous location and/or causing the bus to move as she exited. Following a non-jury trial, the trial court found that the defendant did not negligently drop the plaintiff off in an unsafe location but did negligently cause the bus to move as she exited. The trial court assessed liability against the defendant and awarded the plaintiff $101,969.30 in damages. The defendant timely appealed. Having thoroughly reviewed the record, we hold that the evidence adduced at trial does not support the trial court’s finding that the bus was moving as the plaintiff exited. We therefore reverse the judgment of the trial court. |
Knox | Court of Appeals | |
State of Tennessee v. Rodney Love
The Appellant, Rodney Love, appeals as of right from the Davidson County Criminal Court’s denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. The Appellant contends that the trial court erred in concluding that Rule 36.1 relief was not available because the alleged illegal sentence had long ago expired. Following our review, we affirm the trial court’s denial of the Appellant’s Rule 36.1 motion. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Kari Diane Speck
Appellant, Kari Diane Speck, appeals the denial of her motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Because Appellant has failed to state a colorable claim that her sentences are illegal, the decision of the trial court is affirmed. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Edward Allen Carter
The defendant, Edward Allen Carter, pleaded guilty to possession of cocaine with intent to sell within a drug-free zone, possession of a firearm during the commission of a dangerous felony, unlawful possession of a firearm, possession of an item with a defaced serial number, evading arrest, and driving on a suspended license, and he reserved certified questions of law relative to the validity of the city ordinance that formed the basis of the traffic stop which led to his arrest. Because the certified questions are overbroad and fail to meet specificity requirements, the appeal is dismissed. |
Knox | Court of Criminal Appeals | |
Robert Harold Douglas v. Susan Mercedes Douglas
In this divorce proceeding, Husband appeals from the trial court’s classification of an account as Wife’s separate property. On appeal, Husband asserts that the account is marital property based on the doctrine of transmutation. Discerning no error, we affirm. |
Benton | Court of Appeals | |
State of Tennessee v. Marcus Hampton
The Defendant, Marcus Hampton, appeals from the Shelby County Criminal Court’s denial of his petition to suspend the remainder of his effective four-year workhouse sentence for his convictions of aggravated assault and evading arrest. Because he has failed to show facts supporting an alteration of the sentence in the interest of justice, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals |