Stephen W. Mencer v. David V. Lee
The plaintiff in this automobile accident case has filed a notice of appeal from an order entered on July 26, 2011, granting him a judgment in the amount of $250,000. Because the trial court has set aside the judgment and set the case for a jury trial, we dismiss the appeal for lack of a final judgment. |
Maury | Court of Appeals | |
Marquette Weaver v. Four Maples Homeowners Association and Westwood Management Corporation
This is a premises liability case in which the Plaintiff/Appellant, a resident of Defendants/Appellees’ condominium complex, was assaulted by unknown individuals. Appellant filed suit, asserting negligence on the part of Appellees in failing to timely repair a vehicle access gate on the property. The trial court granted summary judgment to Appellees, finding that Appellees owed no duty to Appellant as the harm was not reasonably foreseeable. We conclude that the evidence creates a dispute as to whether the underlying assault was foreseeable and, therefore, the grant of summary judgment was erroneous. Reversed and remanded. |
Davidson | Court of Appeals | |
Kevin Cox, D.V.M. v. Tennessee Board of Veterinary Medical Examiners
This is an appeal from an administrative decision against Appellant, a licensed veterinarian. Appellee Board of Veterinary Medical Examiners sanctioned Appellant for improperly prescribing medications to farms. Appellant appeals. Discerning no error, we affirm. |
Davidson | Court of Appeals | |
Clifton A. Lake and Charleen J. Lake et al. v. The Memphis Landsmen, L.L.C., et al.
This case is before us upon mandate from the Tennessee Supreme Court for reconsideration of our previous opinion, Clifton Lake, et. al. v. Memphis Landsmen, L.L.C., et al., No. W2009-00526-COA-R3-CV, 2010 WL 891867 (Tenn. Ct. App. March 15, 2010), in light of the United States Supreme Court’s decision in Williamson v. Mazda Motor of America, Inc., et al., 131 S. Ct. 1131, 179 L. Ed.2d 75 (2011). Our conclusion, in Lake, that Appellants’ claims, based upon the type of glass and the lack of passenger seatbelts, are pre-empted is not disturbed by the Williamson decision because the basis of our holding involved more than preservation of the manufacturers’ ability to choose under the safety regulations. Under the law of the case doctrine, and because further review would exceed the scope of the Tennessee Supreme Court’s mandate, we decline to revisit our decision concerning the perimeter seating issue. Reversed and Remanded. |
Shelby | Court of Appeals | |
Kenneth E. Diggs v. Genetic Profiles Corporation
Appellant failed to timely file his Notice of Appeal. Thus, we dismiss this appeal for lack of jurisdiction. |
Shelby | Court of Appeals | |
State of Tennessee v. Lejeanra E. Polk
On August 4, 2008, the Montgomery County grand jury charged the defendant, Lejeanra E. Polk and a co-defendant, Nicole T. Davis, with one count of premeditated first degree murder, see T.C.A. § 39-13-202(a)(1) (1991 and Supp. 1995), and one count of first degree felony murder, see id. § 39-13-202(a)(2), for the November 1995 stabbing death of Carolyn Vega-Velasquez. Following a bench trial, the defendant was convicted of second degree murder and felony murder. At sentencing, the trial court merged the second degree murder conviction into the felony murder conviction and imposed a life sentence by operation of law. See id. § 39-13-208(c). The defendant challenges the sufficiency of the evidence on appeal. Discerning no infirmity in the evidence, we affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Brandon Ryan Weston
The defendant, Brandon Ryan Weston, pleaded guilty to two counts of burglary of an automobile, Class E felonies, and to two counts of theft of property over $1,000, Class D felonies. The trial court sentenced the defendant as a Range I, standard offender, to an effective sentence of two years and one day in the Tennessee Department of Correction. The trial court ordered the defendant to serve his sentences consecutively to his sentences in case number 08CR365 and Hamblen County case number 08CR437. The trial court also revoked the defendant’s probation in case numbers 08CR365 and 08CR437. On appeal, the defendant argues that the trial court erred by denying alternative sentencing. Following our review, we affirm the judgments of the trial court. |
Hawkins | Court of Criminal Appeals | |
Dolwin D. Cormia v. State of Tennessee
The Petitioner, Dolwin D. Cormia, filed a petition for writ of error coram nobis alleging that newly discovered evidence—a Naval document diagnosing the Petitioner with “antisocial personality disorder”—mandated a new trial. The Hamilton County Criminal Court summarily dismissed the petition concluding that the Petitioner did not state a cognizable claim for coram nobis relief. For the first time on appeal, the Petitioner alleges that the coram nobis judge erred by not sua sponte recusing himself based upon the fact that the coram nobis judge “was possibly an Assistant District Attorney and/or the Executive District Attorney” at the time his case was being prosecuted. Following a review of the record, we conclude that the Petitioner has failed to allege the existence of subsequently or newly discovered evidence that would warrant relief under a writ of error coram nobis. We also find that the Petitioner has failed to support his claim of recusal with sufficient documentation to require reversal. The order of summary dismissal is affirmed. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Davis Bradley Waldroup, Jr.
The Polk County Grand Jury indicted Appellant, Davis Bradley Waldroup, Jr.,for two counts of especially aggravated kidnapping, one count of first degree murder, and one count of attempted first degree murder. These charges stemmed from an altercation Appellant had with his wife and her best friend at his trailer on Kimsey Mountain. A jury convicted Appellant of one count each of aggravated kidnapping, especially aggravated kidnapping, voluntary manslaughter, and attempted second degree murder. The trial court sentenced Appellant to an effective sentence of thirty-two years. On appeal, Appellant argues that the evidence was insufficient to support his conviction of aggravated kidnapping, that the trial court erred in denying his motion for change of venue, erred in allowing the introduction into evidence of a photograph of one of the victim’s injuries, and erred in denying his motion for judgment of acquittal. After a thorough review of the record on appeal, we affirm the judgments of the trial court. |
Polk | Court of Criminal Appeals | |
Elizabeth A. (Hayes)(Falin) Finch v. Timothy A. Hayes
In this post-divorce change of custody case, Elizabeth A. (Hayes) (Falin) Finch (“Mother”) and Timothy A. Hayes (“Father”) sought to modify their parenting plan regarding their daughter (“the Child”), who was born on July 13, 2000. At the time of the divorce, the parties designated Mother as the primary residential parent and provided Father with regularly scheduled visitation. Following a hearing in response to the parties’ motions for modification, the court designated Father as the primary residential parent and awarded Mother co-parenting time. Mother appeals. We affirm the decision of the trial court. |
Greene | Court of Appeals | |
State of Tennessee v. Tiffany Nicole Nance
The Defendant, Tiffany Nicole Nance, pled guilty to theft of property valued under $500, with an agreed sentence of eleven months and twenty-nine days to be served on probation. A probation violation warrant was issued, and, after a hearing, the trial court revoked the Defendant’s probation, finding that she had violated the terms of her probation. The court ordered her to serve sixty days of her sentence in confinement, followed by a reinstatement of her probation. On appeal, the Defendant contends the evidence is insufficient to sustain the trial court’s revocation of her probation. After a thorough review of the record and applicable law, we affirm the trial court’s judgment. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Roy A. Jamison Jr.
The Defendant, Roy A. Jamison, Jr., pled guilty to possession with the intent to deliver .5 grams or more of cocaine, a Class B felony, with a possible sentence range of eight to twelve years. The trial court sentenced the Defendant to ten years and ordered the Defendant to serve the first year of his sentence in the Tennessee Department of Correction and the balance in the Community Corrections Program. On appeal, the Defendant contends the trial court erred when it: (1) used the Defendant’s criminal history to enhance his sentence; and (2) sentenced him to confinement. After a thorough review of the record and relevant authorities, we conclude the trial court properly sentenced the Defendant. Accordingly, we affirm the trial court’s judgment. |
Hardin | Court of Criminal Appeals | |
Terrence G. Motley v. State of Tennessee
In 1994, the Petitioner, Terrence G. Motley, pursuant to a plea agreement, pled guilty to aggravated assault and aggravated burglary and was sentenced to three years in the Shelby County workhouse for each crime, with the sentences to be served concurrently. In 2010, the Petitioner filed “A Motion In The Nature of Writ Of Error Coram Nobis,” which the trial court dismissed without a hearing. The trial court held that the Petitioner’s claim was timebarred and that coram nobis relief was not applicable to the Petitioner’s claim. After a thorough review of the record, the briefs, and relevant authorities, we affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals | |
In the Matter of : Elizabeth N. M., et al.
The mother of two minor children appeals the termination of her parental rights. She contends the evidence did not clearly and convincingly establish a statutory ground supporting termination of her rights or that termination was in the children’s best interests. We have determined that the evidence clearly and convincingly supports the trial court’s findings and, thus, affirm the trial court in all respects. |
Bedford | Court of Appeals | |
Dimarko B. Williams v. State of Tennessee
The Petitioner, Dimarko B. Williams, appeals as of right from the Maury County Circuit Court's dismissal of his petition for post-conviction relief as untimely. The Petitioner contends that the United States Supreme Court's decision in Blakely v.Washington, 542 U.S. 296 (2004), created a new constitutional right, tolling the limitations period. Following our review of the record and the relevant case law, we affirm the judgment of the post-conviction court. |
Maury | Court of Criminal Appeals | |
Dick Broadcasting Co., Inc. of Tennessee v. Oak Ridge FM, Inc., et al
The plaintiff filed suit against the defendants for causes of action sounding in contract after the defendants refused to consent to the assignment of certain agreements relating to the programming of a radio station. The parties filed competing summary judgment motions. The trial court dismissed the case, finding as a matter of law that the defendants did not breach one of the contracts at issue. The plaintiff appealed. We reverse the judgment of the trial court. |
Knox | Court of Appeals | |
Timothy Roberson v. State of Tennessee
In 1995, a Gibson County jury convicted the Petitioner, Timothy Roberson, of first degree felony murder and especially aggravated robbery, and the trial court sentenced him to an effective sentence of life imprisonment plus fifteen years. The Petitioner filed a petition for habeas corpus relief, his second such petition, alleging that his conviction is void. The habeas corpus court summarily dismissed the petition for failure to state a cognizable claim, and the Petitioner filed a timely notice of appeal. On appeal, he contends: (1) the jury found him guilty of felony murder without first determining whether he had the intent to commit the predicate felonyof robbery; (2) the indictmentfor felonymurder failed to allege facts that constitute an offense; (3) the trial court lacked jurisdiction to convict because both convictions were based on one criminal episode, violating double jeopardy; (4) the trial court failed to instruct the jury on the lesser-included offenses of reckless homicide and criminally negligent homicide; and (5) during sentencing, the trial court improperly instructed the jury that torture is an aggravating factor. Upon a review of the record in this case, we are persuaded that the habeas corpus court properly dismissed the petition for habeas corpus relief. Accordingly, the judgment of the habeas corpus court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Tammy Thompson
The Defendant, Tammy Thompson, was found guilty by a Maury County Circuit Court jury of assault, a Class A misdemeanor, and resisting arrest, a Class B misdemeanor. See T.C.A. §§ 39-13-101 (assault) (Supp. 2008) (amended 2009, 2010), 39-16-602 (resisting arrest) (2010). She was sentenced to eleven months and twenty-nine days, with sixty days to be served, for assault, and to six months on probation for resisting arrest. The sentences were imposed concurrently. On appeal, she contends that (1) the prosecution was barred by the statute of limitations, (2) the evidence was insufficient to support the resisting arrest conviction, (3) the trial court erred in admitting evidence of the Defendant’s conduct after she was taken to the jail, and (4) the trial court erred in failing to give a self-defense jury instruction. We affirm the judgments of the trial court. |
Maury | Court of Criminal Appeals | |
James W. Sharp v. Greg Wilson, et al.
Essentially, plaintiff's Complaint sets forth numerous refusals by the prison in denying him appropriate and proper medical treatment for his conditions. In their Answer, defendants denied the Complaint's allegations and subsequently moved for summary judgment, which the Trial Court granted. On appeal, we hold there are disputed issues of material facts and the summary judgment is reversed, as to the health administrator and the nurse practitioner. The summary judgment granted to the Warden of the Southeastern Tennessee State Correctional Facility is affirmed. |
Bledsoe | Court of Appeals | |
Shannon Majors v. Randstad Inhouse Services, L.P., et al
Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation 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. The employee was operating a torque gun which jerked and twisted her right hand while at work. She contended that her injury extended into her arm. Her employer agreed the injury was compensable but argued that the injury was limited to her index finger. The trial court found the injury was to the arm and awarded 70% permanent partial disability to that member. On appeal, her employer argues that the trial court erred by apportioning the award to the arm, that the amount of the award is excessive, and that the trial court erred by awarding certain discretionary costs. We affirm the judgment. |
Franklin | Workers Compensation Panel | |
Sterling Edward Hubbard v. Sherman-Dixie Concrete Industries, Inc., et al
Pursuant to Tennessee Supreme Court Rule 51 and Tennessee Code Annotated Section 50-6- 225(e)(3), this appeal has been referred to the Special Workers’ Compensation Panel. In this instance, an employee was injured when he tripped and fell over boxes while loading a truck. The employer, who contended that the injury was an aggravation of a pre-existing condition, requested two independent medical evaluations, the second of which the employee refused to attend. The trial court denied the employer’s motion to compel the second evaluation and, ultimately, awarded workers’ compensation benefits. In this appeal, the employer contends that the trial court erred by failing to compel a second evaluation, by awarding benefits to the employee, and by failing to apportion liability to the Second Injury Fund. We affirm the judgment. |
Hamilton | Workers Compensation Panel | |
State of Tennessee v. Timothy Brian Morton
The Defendant, Timothy Brian Morton, pled guilty to aggravated burglary, a Class C felony. See T.C.A. § 39-14-403 (2010). He was sentenced as a Range I, standard offender to five years’ confinement. On appeal, he contends that the trial court imposed an excessive sentence. We affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Jeffery Allen Boston
A Sumner County Criminal Court jury convicted the defendant, Jeffery Allen Boston, of second degree murder, see T.C.A. § 39-13-210 (2006); domestic assault, see id. §39-13-111; and assault, see id. § 39-11-101. At sentencing, the trial court merged the assault conviction into the domestic assault conviction and imposed a sentence of 25 years’ incarceration for the second degree murder conviction to be served consecutively to a sentence of 11 months and 29 days for the domestic assault conviction. On appeal, the defendant argues that the trial court erred by denying his motion to suppress photographs of the murder victim taken before the victim’s death and by refusing to instruct the jury regarding voluntary intoxication. Discerning no error, we affirm the judgments of the trial court. |
Sumner | Court of Criminal Appeals | |
In Re: Natalie R.C.
Janet S. (“Grandmother”), maternal grandmother and custodian of the minor child Natalie R. C. (“the Child”), filed a petition to terminate the parental rights of Kenneth C. (“Father”) in the Juvenile Court for Blount County (“the Juvenile Court”). Christy S. (“Mother”), the Child’s mother, is deceased. The Juvenile Court terminated Father’s parental rights on the grounds of failure to pay child support and failure to visit the Child. Father appeals, arguing, among other things, that the petition to terminate his parental rights was fatally defective because of numerous deficiencies and therefore should have been dismissed. We hold that the petition to terminate parental rights was defective, although not fatally so, due to multiple deficiencies. We vacate the judgment of the Juvenile Court and remand for further proceedings consistent with our Opinion. |
Blount | Court of Appeals | |
Michael A. Parish v. Highland Park Baptist Church, et al.
Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation 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. The Employee was injured when he was thrown from a horse. He alleged that the injury arose in the course and scope of his employment. His Employer contended that the Employee was engaged in a purely private activity; therefore, the injury was not compensable. The trial court denied the claim. On appeal, the Employee contends that the trial court erred by finding his injury was not related to his employment. We affirm the judgment. |
Hamilton | Workers Compensation Panel |