James D. Holder and Barbara L. Holder v. S & S Family Entertainment, LLC
Plaintiff purchased family entertainment center businesses from defendants and it leased, from defendants, buildings in which the entertainment centers were operated. Plaintiff also purchased certain assets from defendants, but a dispute ultimately arose regarding certain assets’ inclusion within the sale. At the expiration of the building leases, defendants filed suit claiming that plaintiff had damaged their property, that plaintiff had improperly removed certain items from the buildings, and that it had failed to remove other items which it should have removed. Plaintiff filed an answer and counterclaim asserting ownership of the allegedly damaged, improperly removed, and non-removed property, and further claiming that defendants had reneged upon an agreement to sell it one of the buildings at issue. The trial court entered a brief order awarding defendants damages and dismissing plaintiff’s counterclaim. Plaintiff moved the trial court to alter or amend its judgment and for entry of a final order. The trial court denied plaintiff’s motion, finding there were no remaining issues in need of resolution. We find that the order appealed is not a final judgment, and therefore, that this Court lacks jurisdiction in this matter. Thus, we must dismiss this appeal and remand to the trial court for appropriate findings and entry of a final order. |
Sumner | Court of Appeals | |
Sammie Netters v. Tennessee Board of Probation and Parole
This appeal involves an inmate’s petitions for writ of certiorari challenging the Board of Probation and Parole’s decisions to deny him parole on two separate occasions. The trial court dismissed the inmate’s claims related to one parole hearing but requiring further proceedings as to his claims related to the second parole hearing. Because the order appealed does not resolve all the claims between the parties, we dismiss the appeal for lack of a final judgment. |
Davidson | Court of Appeals | |
City of Memphis Civil Service Commission v. Steven Payton
A City of Memphis firefighter who participated in the City’s employee assistance program was terminated after his second positive drug screen. The firefighter appealed his termination to the Civil Service Commission. He argued that his drug screen results were confidential under federal law and that he had not executed a consent form to authorize the disclosure of the results to the City. The Commission overruled the firefighter’s motion to exclude the test results and upheld his termination. The chancery court reversed, finding that the drug screen results were inadmissible because the City had failed to comply with federal law. We find substantial and material evidence to support the decision of the Commission, and therefore reverse the decision of the chancery court. |
Shelby | Court of Appeals | |
City of Memphis Civil Service Commission v. Steven Payton - Concurring
I concur in the majority’s holding that the followup drug screen at issue was not a “[r]ecord[] of the identity, diagnosis, prognosis, or treatment” of Mr. Payton, and therefore was not covered by 42 U.S.C.A. § 290dd-2(a). |
Shelby | Court of Appeals | |
State of Tennessee v. Patrick Lynn Crippen
Defendant, Patrick Lynn Crippen, was indicted by the Knox County Grand Jury for driving under the influence (DUI), violating the implied consent law, failing to provide proper evidence of financial responsibility, and violation of state registration law. Defendant waived his right to the appointment of counsel and subsequently filed motions to dismiss for want of prosecution and to suppress evidence of his performance on field sobriety tests, which were both denied by the trial court. Following a jury trial, at which Defendant represented himself, Defendant was convicted of DUI and found in violation of the implied consent law. The remaining charges were dismissed prior to trial. Defendant was sentenced by the trial court to 11 months and 29 days to be served at 75 percent. Defendant appeals his conviction pro se and asserts that: 1) he was deprived of his constitutional right to a speedy trial; 2) the trial court erred by allowing the officer to testify about Defendant’s field sobriety tests; 3) the trial court improperly excluded evidence that the Knoxville Police Department unlawfully “stacked” charges against him; 4) that the State violated Brady v. Maryland, 373 U.S. 83 (1963); 5) that the jury should have been instructed as to the availability of audio/visual equipment in the jury room; and 6) that Defendant was not properly informed of a hearing on his motion for new trial. Finding no error, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Montorius G. Herron v. State of Tennessee
Petitioner, Motorius G. Herron, appeals from the post-conviction court’s dismissal of his post-conviction petition following an evidentiary hearing. In his post-conviction proceeding, Petitioner challenged his conviction following a jury trial for identity theft. The sole issue for appeal is whether Petitioner’s trial counsel rendered ineffective assistance of counsel by failing to make a written request for the inclusion of the crime of fraudulent use of a credit or debit card as a lesser included offense of identity theft. Since the crime of fraudulent use of a credit or debit card is not a lesser included offense of identity theft, trial counsel did not render ineffective assistance of counsel. We accordingly affirm the judgment of the post-conviction trial court. |
Madison | Court of Criminal Appeals | |
Willie Thomas v. State of Tennessee
Petitioner, Willie Thomas, appeals the dismissal of his petition for post-conviction relief in which he alleged that his guilty plea was unknowingly and involuntarily entered due to the ineffective assistance of trial counsel. More specifically he contends that (1) trial counsel “scared” him into pleading guilty; and (2) he was not fully informed regarding the plea. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel, and we accordingly affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Jimmy Dill v. City of Clarksville, Tennessee, et al. - Concur
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Montgomery | Court of Appeals | |
Debbie Sikora ex rel. Shelley Mook v. Tyler Mook et al.
This is a custody action in which the father and paternal grandparents appeal the trial court’s designation of the maternal grandmother as the primary residential parent of the father’s seven-year-old daughter following the disappearance of the mother of the child, who was the primary residential parent. The trial court found that the father was unfit to parent the child and that he posed a substantial risk of harm to the child due to his history of domestic violence and the danger from exposure to the father’s drug activities and father’s associates. On appeal, the father and the paternal grandparents raise numerous issues relating to the trial court’s decision. They argue, inter alia, that the trial court erred in considering evidence of the father’s conduct that occurred prior to the entry of the Final Divorce Decree, that the evidence presented at trial was insufficient to overcome the father’s superior parental rights, that the decision to award custody to the maternal grandmother was not in the best interest of the child, that the trial court erred in awarding custody to the maternal grandmother, and that the trial court erred in allowing the maternal grandmother to relocate to Pennsylvania. We have concluded that the evidence does not preponderate against the trial court’s factual findings and that the evidence clearly and convincingly established that designation of the father as the primary residential parent would expose the child to the risk of substantial harm. Accordingly, we affirm the trial court’s designation of the maternal grandmother as the primary residential parent of the father’s seven-year-old child. |
Bedford | Court of Appeals | |
Jimmy Dill v. City of Clarksville, Tennessee, et al.
Former police officer sought certiorari review of the City of Clarksville’s decision to terminate his employment, contending that the City failed to follow the disciplinary procedure set forth in the City Code and that, as a consequence, his termination deprived him of due process of law. The trial court held that there was material evidence to support the decision to terminate petitioner and returned the case to the City to have the head of the human resources department conduct a review of the investigation and appropriateness of the penalty; following a report from the head of the human resources department, the court entered a final order granting judgment to the City. Concluding that the failure of the City to follow its disciplinary procedure deprived petitioner of his due process right, we reverse the judgment, vacate the termination and remand the case for further proceedings. |
Montgomery | Court of Appeals | |
State of Tennessee v. John Lindsey, III
Appellant was indicted by the Hamilton County Grand Jury for one count of resisting arrest, for one count of vandalism over $1,000, and for one count of theft over $10,000. At the conclusion of a jury trial, Appellant was convicted of one count of resisting arrest, one count of vandalism over $1,000, and the lesser included offense of theft over $1,000 but less than $10,000. The trial court sentenced Appellant to an effective sentence of twelve years. On appeal, Appellant argues that the evidence was insufficient to support his convictions of vandalism over $1,000 and resisting arrest. In addition, he argues that the trial court erred in denying his motion to declare a mistrial. After a thorough review of the record, we conclude that there was ample evidence to support his convictions and that the trial court did not err in denying his motion to declare a mistrial. |
Hamilton | Court of Criminal Appeals | |
Jolyn Cullum, et al v. Jan McCool, et al
This is a negligence case in which Jolyn Cullum and Andrew Cullum sued Jan McCool, William H. McCool, and Wal-Mart for injuries arising in a Wal-Mart parking lot. Wal-Mart filed a motion to dismiss, alleging that the Cullums had failed to state a claim upon which relief could be granted. The trial court dismissed the suit against Wal-Mart. The Cullums appeal. We reverse the decision of the trial court and remand the case. |
Hamilton | Court of Appeals | |
State of Tennessee v. Marcus Pope
Appellant, Marcus Pope, was indicted by a Shelby County grand jury for aggravated robbery, aggravated burglary, and employing a firearm during the commission of a dangerous felony. The trial court granted appellant’s motion for judgment of acquittal on the charge of employing a firearm during the commission of a dangerous felony, and a jury convicted him of aggravated robbery and aggravated burglary. The trial court sentenced him to concurrent sentences of ten years for aggravated robbery and six years for aggravated burglary. Appellant challenges the sufficiency of the convicting evidence and the length of his sentences. Discerning no reversible error in the record, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Paul Shearer et al. v. Fred McArthur et al.
This appeal involves an option contract under which the defendants agreed to buy a piece of property from the plaintiffs at any time. We find no error in the trial court’s determination that the option contract was supported by consideration, that the plaintiffs exercised the option within a reasonable time, and that the plaintiffs did not waive the option by pursuing an inconsistent remedy. We, therefore, affirm the judgment of the trial court. |
Marion | Court of Appeals | |
State of Tennessee v. Jasper Pugh
Jasper Pugh (“the Defendant”) was convicted after a jury trial of two counts of theft of property of $1,000 or more but less than $10,000. After a sentencing hearing, the trial court sentenced the Defendant as a career offender to twelve years on each count. The trial court ordered each count to run consecutively, for an effective sentence of twenty-four years. The Defendant appeals, challenging the sufficiency of the evidence for both counts and the trial court’s imposition of consecutive sentences. Upon our thorough review of the record, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Bennie Osby
The defendant, Bennie Osby, appeals his Shelby County Criminal Court jury convictions of especially aggravated kidnapping, attempted second degree murder, aggravated robbery, and employing a firearm during the commission of a felony, arguing that the evidence was insufficient to support his convictions. Discerning no reversible error, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. James Allen Ward and Gregory Darryl Want
Defendant Ward pled guilty to one count of initiating a process intended to result in the manufacture of methamphetamine, a Class B felony, and Defendant Want pled guilty to one count of initiating a process intended to result in the manufacture of methamphetamine, a Class B felony, and one count of possession of drug paraphernalia, a Class A misdemeanor. Defendant Ward was sentenced to eight years, and Defendant Want was sentenced to eight years for the initiation conviction and to a concurrent eleven months and twenty-nine days for the possession conviction, for a total effective sentence of eight years. Both defendants reserved a certified question of law concerning the legality of a search conducted by police. On appeal, both defendants claim that the trial court erred by failing to suppress items seized pursuant to the warrantless search of Defendant Ward’s premises. After carefully reviewing the record and the arguments of the parties, we conclude that the certified question as phrased is not dispositive of the case, and we dismiss the appeals accordingly. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Joseph Thomas Blakely
The defendant, Joseph Thomas Blakely, was charged with two counts of rape of a child. A jury found him guilty of the first count but was unable to reach a unanimous decision on the second count. The defendant was sentenced to twenty years of imprisonment with a release eligibility of one hundred percent. The defendant appeals, challenging only the sufficiency of the evidence. After a thorough review of the record, we affirm the judgment of the trial court. |
Gibson | Court of Criminal Appeals | |
Laquenton Monger v. State of Tennessee
The petitioner, LaQuenton Monger, appeals the summary dismissal of his petition for post-conviction relief. The petitioner was convicted by a jury of first degree felony murder in the perpetration of aggravated child abuse and of aggravated child abuse. On direct appeal, the conviction for first degree murder was ultimately reversed and remanded for a new trial because the trial court failed to charge lesser included offenses. The petitioner pled guilty to second degree murder. The petitioner brought a pro se post-conviction petition asserting various errors, and the post-conviction court dismissed the petition based on the statute of limitations. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Robert Lee Yates v. State of Tennessee
The petitioner, Robert Lee Yates, appeals the Warren County Circuit Court’s denial of his petition for post-conviction relief. The petitioner was convicted by a jury of one count of aggravated robbery and sentenced to thirty years in the Department of Correction. On appeal, he contends he was denied his right to the effective assistance of counsel at trial and on appeal. Following review of the record, we affirm the denial of post-conviction relief. |
Warren | Court of Criminal Appeals | |
Tasha Dayhoff v. Joshua D. Cathey
Father appeals the Madison County Juvenile Court’s judgment, entering a permanent parenting plan, setting child support, awarding a child support arrearage, awarding attorney fees to Mother, and granting a wage garnishment. We affirm the trial court’s ruling that Father is the legal and biological parent of the children at issue. However, having determined that no testimony was elicited at the hearing on this cause, and thus no evidence was presented from which the trial court could make a determination, we vacate the judgment of the trial court and remand for an evidentiary hearing on all other issues in this case. |
Madison | Court of Appeals | |
State of Tennessee v. Michael E. Fischer
A Lewis County Circuit Court jury convicted the defendant, Michael E. Fischer, of misdemeanor reckless endangerment, see T.C.A. § 39-13-103; driving under the influence (“DUI”), fifth offense, see id. § 55-10-401; driving while his license was revoked (“DWLR”), fifth offense, see id. § 55-10-504; and violation of the open container law, see id. § 55-10-416. At sentencing, the trial court imposed a total effective sentence of three years’ incarceration by the agreement of the parties. In addition to challenging the sufficiency of the evidence to support his conviction of DUI, the defendant also argues that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the judgments of the trial court. |
Lewis | Court of Criminal Appeals | |
Lynn Gary Fryer v. State of Tennessee
The Petitioner, Lynn Garry Fryer, appeals the Lake County Circuit Court’s denial of his pro se petition for writ of habeas corpus. The State has filed a motion requesting that this Court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court. |
Lake | Court of Criminal Appeals | |
John Brockman v. Wesley Wolfe, et al.
Plaintiff sued multiple parties after trees on his property were allegedly erroneously removed during the development of an adjacent subdivision. The trial court ultimately granted summary judgment to a subdivision developer, who was sued in his individual capacity, finding that it was his limited liability company which had developed the property, and that the developer had not instructed that Plaintiff’s trees be removed. The trial court also granted summary judgment to the developer’s limited liability company, finding the claims against it were time-barred. A trial was held against the remaining defendant and a judgment was entered against him. However, the trial court then reduced the judgment against the remaining defendant based upon the comparative fault of the limited liability company. Plaintiff appeals. We affirm the trial court in all respects. |
Gibson | Court of Appeals | |
David Kyle Gilley v. State of Tennessee
After a trial by jury, the petitioner was found guilty of first degree (premeditated) murder, and he was sentenced to life in prison. His conviction was affirmed by this court on direct appeal. The petitioner filed a petition for post-conviction relief, which was denied by the post-conviction court following an evidentiary hearing. On appeal, the petitioner claims that the post-conviction court erred by: (1) ruling that the State did not violate the petitioner’s due process right to favorable evidence by failing to provide information related to the testimony of a State witness; (2) ruling that the petitioner did not receive ineffective assistance of counsel at this trial, and (3) denying his request for post-conviction DNA analysis. After carefully reviewing the record and the arguments of the parties, we conclude that the evidence does not preponderate against the post-conviction court’s finding that the State in fact provided the petitioner with access to the favorable evidence in question and that the trial court did not err in its conclusion that the petitioner received effective assistance of counsel at trial. We further conclude that the post-conviction court was within its discretion in denying the petitioner’s request for additional DNA analysis. Consequently, we affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals |