Susan Lee Phillips, Executrix and Surviving Spouse of Robert Wayne Phillips, Deceased v. Gary Q. Casey, M.D., et al.
This is a health care liability action. The plaintiff's late husband died following a bilateral tonsillectomy surgery. An autopsy determined that the cause of death was angioedema. The plaintiff filed suit against the defendants exactly one year after her husband's death. The complaint did not comply with the pre-suit notice requirements for health care liability suits. The plaintiff voluntarily dismissed the suit without prejudice and re-filed suit. The defendants moved to dismiss, claiming that the re-filed suit was barred. The trial court denied the motion to dismiss and a subsequent motion to reconsider but granted permission to file an interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. We granted permission to appeal and now affirm the decision of the trial court. |
Sullivan | Court of Appeals | |
Haddad Family Partnership v. David Pouncey, et al.
This case involves a dispute over the boundary line between two neighboring tracts of farmland. The owner of one farm brought this action alleging that the neighbor crossed the common boundary line between the tracts and harvested or destroyed crops during three consecutive years. At trial, the parties presented conflicting surveys, each purporting to establish the correct boundary line between the properties at issue. The trial court found the appellee’s survey to be more persuasive and established the line as proposed by the appellee. The trial court also awarded damages to the appellee for the lost crops. Because the evidence does not preponderate against the trial court’s findings, we affirm and remand for further proceedings. |
Tipton | Court of Appeals | |
Samantha Adkins v. Studsvik, Inc.. et al.
This action involves a dispute regarding workers’ compensation benefits. In July 2009, the plaintiff employee fell from a ladder in the course of her employment. Her employer initially provided medical care but denied that the employee sustained a compensable injury or permanent impairment. The employee filed this action on October 9, 2013. Upon a trial on the merits, the trial court found that (1) the employee did sustain a compensable, work-related injury and (2) the employee was permanently and totally disabled. The employer has appealed that ruling. On appeal, the employee also contends that the trial court erred by failing to award her the cost of unauthorized medical treatment. The appeal has been referred 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. Discerning no error, we affirm the judgment of the trial court. |
Carter | Workers Compensation Panel | |
State of Tennessee v. Tony Samuel
The petitioner, Tony Samuel, filed an untimely notice of appeal of the trial court's denial of his motion to correct an illegal sentence. Following our review, we conclude that the interest of justice does not warrant a waiver of the notice requirement because the petitioner failed to state a colorable claim for relief. Therefore, we dismiss this appeal as untimely. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Shon Q. Blanks
The appellant, Shon Q. Blanks, appeals the Bradley County Criminal Court’s revocation of his probation and the court’s imposition of incarceration instead of granting another alternative sentence. Upon review, we affirm the judgment of the trial court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. David Hugh Crumley
The Defendant, David Hugh Crumley, pled nolo contendere to two counts of vehicular homicide and received an effective eight-year sentence under the terms of the agreement. Thereafter, the trial court denied any form of alternative sentencing based upon the nature and circumstances of the offenses combined with the Defendant's lack of remorse and his past criminal history involving alcohol and drugs. The Defendant appeals, arguing that he is a suitable candidate for alternative sentencing pursuant to the statutory considerations outlined in Tennessee Code Annotated section 40-35-103(1)(A)-(C). Following our review, we discern no abuse of discretion in the trial court's alternative sentencing decision. Accordingly, the judgments are affirmed. |
Claiborne | Court of Criminal Appeals | |
State of Tennessee v. Rafael Grissom
Defendant, Rafael Grissom, pled guilty to burglary, aggravated burglary, and robbery. He was sentenced to two years for the burglary conviction, fifteen years for the aggravated burglary conviction, and fifteen years for the robbery conviction. The trial court ordered Defendant to serve the two-year sentence in incarceration, while the fifteen-year sentences were ordered to be served on Community Corrections consecutively to the sentence for the burglary conviction but concurrently with each other. Defendant received determinate release after serving a portion of his two-year sentence. A violation of probation warrant and a violation of Community Corrections warrant were filed against Defendant. After a hearing, the trial court ordered Defendant to serve the sentences as initially imposed. Defendant has appealed this decision. After our review, we conclude that the trial court did not abuse its discretion. As a result, the judgment of the trial court is affirmed. |
Rutherford | Court of Criminal Appeals | |
Heather Anne Gulish Gladwell v. Tony Neil Gladwell, Jr.
Husband appeals the trial court's division of property, award of rehabilitative alimony, and allocation of the federal tax deduction applicable to the parties' children in this divorce action. Wife also appeals the trial court's property division and additionally appeals its award of attorney's fees as alimony in solido to Husband. We affirm the trial court's property division, award of rehabilitative alimony to Husband, and allocation of the federal tax deduction to Wife. We reverse the award of alimony in solido to Husband. This matter is remanded to the trial court for entry of an order setting Wife's child support obligation in a definite amount as required by Tennessee Code Annotated § 36-5-101(a)(2). |
Henry | Court of Appeals | |
Heather Anne Gulish Gladwell v. Tony Neil Gladwell, Jr. PARTIAL DISSENT
J. STEVEN STAFFORD, Dissenting in Part. |
Henry | Court of Appeals | |
Jeffery G. Douglas v. Jackson Police Department
Plaintiff/Appellant appeals the trial court’s order dismissing his claim under the Equal Protection Clause. Appeal dismissed for failure to comply with Rule 27 of the Rules of Appellate Procedure. |
Madison | Court of Appeals | |
Paul Stackhouse v. State of Tennessee
A Hamblen County jury convicted the Petitioner, Paul Stackhouse, of aggravated sexual battery, a Class B felony, and the trial court sentenced him to nine years in the Tennessee Department of Correction. The Petitioner appealed, and this Court affirmed the conviction. State v. Paul M. Stackhouse, No. E2010-01972-CCA-R3-CD, 2011 WL 5620925, at *1 (Tenn. Crim. App., at Knoxville, Nov. 18, 2011), perm. app. denied (Tenn. March 7, 2012). Thereafter, the Petitioner filed a petition for post-conviction relief, and, after a hearing, the post-conviction court issued an order denying the petition. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel. After a thorough review of the record and relevant law, we affirm the post-conviction court‘s judgment. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Kathy L. Bartlett
A Williamson County grand jury indicted appellee, Kathy L. Bartlett, for driving under the influence of an intoxicant. The charge was dismissed pretrial after the trial court granted appellee’s motion to dismiss. The State appeals the trial court’s granting of the motion and argues that the trial court misapplied the law relating to lost or destroyed evidence. Following a thorough review of the record, we reverse the ruling of the trial court, reinstate the indictment, and remand for further proceedings consistent with this opinion. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Damascus Willingham
The appellant, Damascus Willingham, appeals the Madison County Circuit Court’s denial of his motion to review and modify his sentences. Based upon the record and the parties’ briefs, we dismiss the appeal. |
Madison | Court of Criminal Appeals | |
Iris Teresa Bowling Chambers v. Faye Bowling Devore, et al.
This is an appeal from the denial of Appellant’s Tennessee Rule of Civil Procedure 60.02 motion. Appellee, Appellant’s law firm, filed an attorney’s lien against real property that was awarded to Appellant by partition in the underlying case. The trial court set the amount of the lien based on the commissioners’ valuation of the real property. Appellant disputed the amount of attorney’s fees by filing a motion to compel arbitration, in which she specifically argued that, under their contract, the parties were required to arbitrate any dispute concerning the amount of attorney’s fees. The trial court did not specifically rule on Appellant’s motion to compel arbitration, but inferentially denied the motion when it granted Appellee’s motion to sell the property to satisfy the previously granted attorney’s lien. Appellant then filed a Rule 60.02 motion for relief from the order enforcing the attorney’s lien. Her motion was denied, and she appeals. Although the attorney’s lien is valid, we conclude that the trial court erred in enforcing the lien as a judgment when there was a dispute concerning the enforceability of the parties’ contract, the amount of attorney’s fees, and the proper means of calculating those fees. Accordingly, we vacate the order enforcing the attorney’s lien in the amount awarded and remand the case for an evidentiary hearing to resolve the questions concerning the parties’ contract and to determine the proper amount of attorney’s fees, which may then be enforced against the lien. Vacated and remanded. |
Fayette | Court of Appeals | |
State of Tennessee v. Darryl L. Bryant
The Defendant, Darryl L. Bryant, was indicted for one count of possession of oxycodone with intent to sell or deliver, a Class C felony; and one count of simple possession of marijuana. See Tenn. Code Ann. §§ 39-17-417, -418. Following a jury trial, the Defendant was convicted of the lesser-included offense of facilitation of possession of oxycodone with intent to sell, a Class D felony; and acquitted of the simple possession charge. See Tenn. Code Ann. §§ 39-11-403, -17-417. The trial court sentenced the Defendant to six years as a Range II, multiple offender. In this appeal as of right, the Defendant contends (1) that the trial court erred in denying the Defendant's motion to suppress the evidence against him; (2) that the trial court erred in denying the Defendant's request for a hearing pursuant to Franks v. Delaware, 438 U.S. 154 (1978); (3) that the evidence was insufficient to sustain his conviction for facilitation of possession of oxycodone with intent to sell; (4) that the trial court erred in instructing the jury; and (5) that the State committed prosecutorial misconduct.1 Following our review, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Eric James Miller
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Robertson | Court of Criminal Appeals | |
Michael Eugene Wallace v. State of Tennessee
Petitioner, Michael Eugene Wallace, appeals the denial of his petition for post-conviction relief claiming ineffective assistance of trial counsel. Because Petitioner knew of the statute of limitations when he entered his plea and made a strategic decision not to rely on its protection, he did not receive ineffective assistance. Accordingly, the decision of the post-conviction court is affirmed. |
Davidson | Court of Criminal Appeals | |
In re Mason M.
Mother appeals the termination of her parental rights; Father surrendered his parental rights prior to trial. The trial court found that four grounds for termination of Mother’s parental rights had been established. Mother does not challenge any of the grounds for her termination; instead, she contends that the termination was not in the child’s best interests. Finding no error, we affirm. |
Lawrence | Court of Appeals | |
Deeric McAfee v. State of Tennessee
The petitioner, Deeric McAfee, filed in the Knox County Criminal Court a petition for post-conviction relief from his convictions of second degree murder and reckless endangerment. The petitioner alleged that his trial 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. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Angela Ayers
The Defendant, Angela Ayers, was found guilty by a Shelby County Criminal Court jury of voluntary manslaughter, false report, and employing a firearm during the commission of a dangerous felony, Class C felonies. See T.C.A. §§ 39-13-211 (2014), 39-16-502 (2014), 39-17-1324 (2010) (amended 2012). The trial court sentenced the Defendant as a Range I, standard offender to six years for the manslaughter conviction, which was to be suspended to probation after two years’ confinement, to four years for the false report conviction, which was to be suspended to probation after two years’ confinement, and to six years’ confinement at 100% service for the firearm conviction. The court ordered the six-year sentence for the firearm conviction to be served consecutively to the other sentences, for an effective twelveyear sentence. On appeal, the Defendant contends that (1) the evidence is insufficient to support her convictions for voluntary manslaughter and false report, (2) the indictment relative to the firearm conviction is insufficient, (3) the trial court erred by excluding proof of the victim’s abusing the Defendant and her son, (4) the trial court erred relative to expert medical testimony, and (5) the trial court erred by refusing to provide the jury with a selfdefense instruction. We affirm the judgments of the trial court relative to the voluntary manslaughter and false report convictions, but we reverse the judgment, vacate the conviction, and dismiss the charge for employing a firearm during the commission of a dangerous felony. |
Shelby | Court of Criminal Appeals | |
In re Marcell W.
This appeal results from a dependency and neglect action initiated in the Shelby County Juvenile Court. The juvenile court found that the child was dependent and neglected. The juvenile court also found that the child's severe injuries constituted severe child abuse perpetrated by the child's mother. On appeal, the circuit court affirmed. Discerning no error, we also affirm. |
Shelby | Court of Appeals | |
In re Marcell W. Concur
I concur in the majority's conclusion that clear and convincing evidence exists to support the trial court's finding that Mother committed severe abuse. I write separately, however, to respond to the relevance of my good friend and colleague's discussion of Mother's waiver of her challenge to the Special Judge's appointment in the juvenile court. The opinion states that because Mother did not raise her objection to the appointment of the Special Judge in the juvenile court, the issue is deemed waived. In support of this position, the opinion relies, in part, on this Court's decision in State Department of Children’s Services v. A.M.H., 198 S.W.3d 757 (Tenn. Ct. App. 2006). In the A.M.H. decision, this Court held that the failure to object to the appointment of a special judge results in a waiver of the issue on appeal. Id. at 764. I believe, to avoid confusion, the relevance of A.M.H. to the facts of this case requires clarification. |
Shelby | Court of Appeals | |
Michael J. Karel, et al. v. William Steven Cummings, et al.
Because the order appealed is not a final judgment, we dismiss this appeal for lack of subject matter jurisdiction. |
Tipton | Court of Appeals | |
State of Tennessee v. Frederick Keith
The appellant, Frederick Keith, was convicted in the Knox County Criminal Court of first degree felony murder, and the trial court sentenced him to life. On appeal, the appellant contends that the evidence is insufficient to support the conviction, that the trial court erred by failing to grant his motion to sever his case from that of his co-defendant, and that the State committed prosecutorial misconduct during closing arguments by vouching for the credibility of State witnesses. Based upon the oral arguments, the record, and the parties‟ briefs, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Erica Harris v. State of Tennessee
Petitioner, Erica Harris, filed a petition seeking post-conviction relief from her conviction for the sale and delivery of 0.5 grams or more of cocaine. Petitioner alleges that she received ineffective assistance of counsel. Specifically, she alleges that trial counsel failed to communicate to her a plea offer that had been formally made to prior counsel and that he dissuaded her from testifying on her own behalf at trial. After a hearing, the post-conviction court dismissed her petition. Upon thorough review of the record and applicable authorities, we affirm the decision of the post-conviction court. |
Knox | Court of Criminal Appeals |