State of Tennessee v. Anita H. Lane
The Appellant, Anita H. Lane, pled guilty to theft of property valued $60,000 or more but less than $250,000, a Class B felony, with the trial court to determine the length and manner of service of the sentence. After a sentencing hearing, the trial court sentenced her as a Range I, standard offender to eleven years in confinement and ordered that she pay restitution to the victim in the amount of $255,033.05. On appeal, the Appellant contends that the trial court erred by ordering that she pay $255,033.05 in restitution when she had no ability to pay that amount and that the trial court erred by finding that she had made no effort to pay restitution to the victim when she paid the victim’s insurance carrier $100,000. The State concedes that the trial court erred by ordering restitution without making findings on the Appellant’s ability to pay but argues that the trial court properly rejected her $100,000 payment to the insurance company as a basis for mitigation. Based upon the oral arguments, the record, and the parties’ briefs, we agree that the trial court failed to make findings regarding the Appellant’s ability to pay restitution. Therefore, we reverse the trial court’s ordering that the Appellant pay $255,033.05 and remand the case for further proceedings consistent with this opinion. The judgment of the trial court is affirmed in all other respects. |
Madison | Court of Criminal Appeals | |
Susan Hembree Schumacher v. Kerry James Schumaucher
Because the order appealed is not a final judgment, we dismiss this appeal for lack of subject matter jurisdiction. |
Davidson | Court of Appeals | |
State of Tennessee v. Troy Anthony Lozano
The defendant, Troy Anthony Lozano, appeals his Montgomery County Circuit Court jury convictions of simple possession of marijuana, possession of drug paraphernalia, operating a motor vehicle without two operable tail lights, and violation of the registration law. In this appeal, the defendant challenges the sufficiency of the convicting evidence and the denial of his motion to suppress. Discerning no error, we affirm. |
Montgomery | Court of Criminal Appeals | |
Christopher Lewis v. State of Tennessee
The Petitioner, Christopher Lewis, appeals from the Putnam County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner contends that he received ineffective assistance from his trial counsel because trial counsel (1) failed to call several witnesses at trial; and (2) failed to introduce evidence “of the weather during the weekend” of the victim’s death and “additional evidence . . . regarding . . . a large hole” in the backyard of the Petitioner and victim’s home. Following our review, we affirm the judgment of the post conviction court. |
Putnam | Court of Criminal Appeals | |
Darrin M. Dixon, Et Al. v. Alan Wayne Chrisco, Et Al.
Purchasers of real property brought this action against the sellers alleging intentional misrepresentation, a violation under the Tennessee Residential Property Disclosure Act (“TRPDA”), and fraudulent concealment. The alleged misrepresentation and violation of the TRPDA concerned a right-of-way in favor of CSX for a railroad and the amount of purchaser’s property the right-of-way covered. Purchasers further argued that the sellers fraudulently concealed the planned construction of a second track of the railroad. The trial court dismissed the claims for intentional misrepresentation, the violation of the TRPDA, and negligent misrepresentation but granted judgment in favor of the purchaser regarding the fraudulent concealment. We affirm in part, as modified, and reverse in part. |
Franklin | Court of Appeals | |
Duracap Asphalt Paving Co. Inc. v. City of Oak Ridge et al.
The unsuccessful bidder on a contract for a street resurfacing project brought suit against the City of Oak Ridge, alleging that the city had not followed the competitive bidding process mandated by its municipal code. Plaintiff’s complaint sought declaratory relief, equitable relief and damages, as well as review under a writ of certiorari. The trial court determined that the lawsuit presented a proper case for review under the common law writ of certiorari and dismissed the pleaded original causes of action, finding their joinder to be inappropriate. The certiorari action was later dismissed after the trial court determined that it was not supported by a proper oath or affirmation. On appeal, plaintiff challenges the trial court’s conclusion that this case was proper for certiorari review. We affirm. |
Anderson | Court of Appeals | |
Karen Gaye Thompson Bounds v. Kenneth Newton Bounds
After ten years of marriage, Karen Gaye Thompson Bounds (“Wife”) sued Kenneth Newton Bounds (“Husband”) for divorce. After a trial, the Circuit Court for Bradley County (“the Trial Court”), inter alia, awarded the parties a divorce, divided the marital property and debts, held that the marital residence was Husband’s separate property, awarded Wife alimony in solido, and awarded Wife attorney’s fees. Husband appeals raising issues regarding the award of alimony and the award of attorney’s fees. We find and hold that the Trial Court did not abuse its discretion with regard to the award of alimony or the award of attorney’s fees. We, therefore, affirm. |
Bradley | Court of Appeals | |
In Re: AAA Bonding Company
The Appellant, AAA Bonding Company, executed as surety an appearance bond for a defendant charged with theft, following which a general sessions court judge issued a conditional order of forfeiture. The Appellant appealed to the circuit court, which remanded the case to the lower court for entry of a final judgment. The Appellant filed a notice of appeal with this court. After review, we dismiss for lack of appellate jurisdiction. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Robert Burnette
A Shelby County jury convicted the Defendant, Robert Burnette, of attempted first degree premeditated murder, employment of a firearm during the commission of a dangerous felony, and being a felon in possession of a weapon. The trial court sentenced the Defendant to life without the possibility of parole. On appeal, the Defendant claims that the trial court erred when it allowed an undisclosed and incompetent witness to testify, and that the evidence is insufficient to sustain his conviction for attempted first degree premeditated murder. After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Raymond B. Thomas
A Dyer County jury convicted the Defendant, Raymond B. Thomas, of two counts of sale of dihydrocodeinone, a Schedule III controlled substance commonly referred to as Hydrocodone, within 1,000 feet of a school zone and sale of a controlled substance obtained through TennCare. The trial court sentenced the Defendant to concurrent terms of six years for each of his sale of dihydrocodeinone convictions and two years for the sale of a controlled substance obtained through TennCare conviction. On appeal, the Defendant asserts that the evidence is insufficient to support his convictions for sale of dihydrocodeinone within 1,000 feet of a public elementary school. After review, we affirm the trial court’s judgments. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Durwin L. Rucker
The Appellant, Durwin L. Rucker, pled guilty in the Cheatham County Circuit Court to violating an order declaring him to be a motor vehicle habitual offender and driving under the influence (DUI) and received an effective four-year sentence to be served as sixty days in jail and the remainder on supervised probation. Subsequently, the trial court revoked his probation. On appeal, the Appellant contends that the trial court erred by ordering that he serve his effective four-year sentence in confinement. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Cheatham | Court of Criminal Appeals | |
In Re Sophie O., et al.
Elijah O. (“Father”) appeals the October 6, 2017 order of the Circuit Court for Sevier County (“the Trial Court”) terminating his parental rights to his minor children, Sophie O., Micah O., and Samuel O. (collectively “the Children”). We find and hold that clear and convincing evidence was proven of grounds to terminate Father’s parental rights to the Children for abandonment by wanton disregard pursuant to Tenn. Code Ann. §§ 36-1- 113(g)(1) and 36-1-102(1)(A)(iv); for substantial noncompliance with the permanency plan pursuant to Tenn. Code Ann. § 36-1-113(g)(2); for persistent conditions pursuant to Tenn. Code Ann. § 36-1-113(g)(3); and for failure to manifest an ability to parent pursuant to Tenn. Code Ann. § 36-1-113(g)(14). We further find and hold that clear and convincing evidence was proven that it was in the Children’s best interests for Father’s parental rights to be terminated. We, therefore, affirm the termination of Father’s parental rights to the Children. |
Sevier | Court of Appeals | |
Adedamola Olagoki Oni v. Cassondra Tucker Oni
An adoptive father appeals the dismissal of his petition to have his Georgia-issued order of adoption enforced and his children placed in his custody, rather than in the care of their biological mother with whom they currently reside. The Hamilton County Court, pursuant to the Uniform Child Custody Jurisdiction Enforcement Act, communicated with the Superior Court for Fulton County, Georgia, where a custody petition filed by the biological mother was pending. The Georgia court, given its history with the parties, found that it was a more convenient forum, and the Hamilton County court dismissed Father’s petition for lack of subject matter jurisdiction. Upon our review, we affirm. |
Hamilton | Court of Appeals | |
State of Tennessee v. Aspyn Riner
A Maury County Circuit Court Jury convicted the Appellant, Aspyn Riner, of aggravated perjury, a Class D felony, and the trial court sentenced her as a Range I, standard offender to two years, six months to be served as six months in confinement and the remainder on supervised probation. On appeal, the Appellant claims that the trial court erred by denying her requests for judicial diversion and full probation and by ordering that she serve four calendar months in confinement before being eligible to earn good time credits. The State acknowledges that the trial court could not preclude the Appellant from earning good time credits but argues that the court properly sentenced her in all other respects. We agree with the State. Accordingly, the trial court’s denials of judicial diversion and full probation are affirmed, but the court’s ordering four months of confinement before becoming eligible for good time credits is reversed. The case is remanded to the trial court for correction of the judgment to so reflect. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Ryan Patrick Broadrick
The Defendant, Ryan Patrick Broadrick, pled guilty to statutory rape, a Class E felony, in exchange for a three-year sentence on probation. Following a hearing, the trial court ordered that the Defendant was required to register as a sex offender. The Defendant appeals, arguing (1) that this court should review the trial court’s decision using a de novo standard of review, rather than an abuse of discretion with a presumption of reasonableness standard; (2) that the trial court was not authorized by Tennessee Code Annotated section 39-13-506(d)(2)(B) to consider anything other than the facts and circumstances of the statutory rape offense to which the Defendant pled guilty; (3) that due process principles prohibited the trial court from considering the nolled sexual exploitation of a minor count of the indictment that pertained to photographs found on the Defendant’s phone; (4) that due process of law afforded him the right to perform independent forensic testing of the photographs found on his phone; (5) that the trial court failed to articulate for the record how it took into account “the facts and circumstances of the offense” as required by the statute; and (6) that the photographs relied upon by the trial court did not depict minors engaged in sexual activity. After review, we affirm the judgments of the trial court. However, we remand the case for entry of judgment forms for each count of the indictment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. William Cole Nicholson
The defendant, William Cole Nicholson, appeals his Montgomery County Circuit Court jury conviction of aggravated sexual battery. He challenges the sufficiency of the evidence supporting the element of unlawful sexual contact and the weight of the evidence supporting the guilty verdict. Discerning no error, we affirm. |
Montgomery | Court of Criminal Appeals | |
Ashley Elizabeth Sample v. Robert Shayne Sample
Husband, a member of the United States Army, and Wife divorced. The trial court awarded Wife a portion of Husband’s military retirement pay, including his VA disability pay. Husband took issue with the trial court’s method of calculating Wife’s share of his retirement pay, as well as its determinations as to the residential parenting schedule and child support obligations. For the reasons stated herein, we affirm in part, reverse in part, and vacate in part. |
Montgomery | Court of Appeals | |
State of Tennessee v. Tammy Tuttle
Defendant, Tammy Tuttle, appeals her convictions of possession of not less than 14.175 grams (0.5 ounces) but not more than ten pounds of marijuana with the intent to sell and possession of 0.5 grams or more of cocaine with the intent to sell as well as the forfeiture of $1,098,050 in United States currency. The trial court sentenced Defendant to an effective eight year sentence to serve. On appeal, Defendant argues that the evidence is insufficient to sustain her convictions and that the trial court erred in ruling that the $1,098,050 was forfeited to the State. After a thorough review of the record, we hold that the evidence is sufficient for Defendant’s convictions and that we do not have jurisdiction to hear the forfeiture issue because the notice of appeal was untimely. Accordingly, we affirm the judgments of the trial court but remand for entry of corrected judgments in Counts Three and Four. |
Maury | Court of Criminal Appeals | |
Lymus Levar Brown III v. State of Tennessee
A Haywood County jury convicted the Petitioner, Lymus Brown, of aggravated robbery, and the trial court sentenced him to thirty years in prison. State v. Lymus Brown, No. W2012-02298-CCA-R3-CD, 2013 WL 12181029, at *1 (Tenn. Crim. App., at Jackson, Nov. 26, 2013), perm. app. denied (Tenn. Apr. 8, 2014). This court affirmed his conviction on appeal. The Petitioner filed a petition for post-conviction relief in which he alleged that his trial counsel was ineffective in failing to interview a witness, failing to adequately cross-examine another witness, failing to allow him to testify, and failing to have the jury instructed on facilitation. The post-conviction court denied relief. After review, we affirm the post-conviction court’s judgment. |
Haywood | Court of Criminal Appeals | |
In Re Romeo T. 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 grounds of: (1) abandonment by willful failure to visit; Tenn. Code Ann. §§ 36-1-113(g)(1), 36-1-102(1)(A)(i); (2) substantial noncompliance with the requirements of the permanency plan, Tenn. Code Ann. § 36-1-113(g)(2); and (3) persistence of the conditions that led to the children’s removal from Mother’s home, Tenn. Code Ann. § 36-1-113(g)(3). The trial court also found that termination of Mother’s parental rights is in the children’s best interest. On appeal, Appellee, the Tennessee Department of Children’s Services, concedes that the persistence of conditions ground is not applicable to Appellant because the record does not contain a final adjudicatory order of dependency and neglect. We agree; accordingly, we reverse the trial court’s termination of Appellant’s parental right on that ground. The order is otherwise affirmed. |
Rutherford | Court of Appeals | |
In Re Briana H., Et Al.
Mother appeals from the trial court’s order terminating her parental rights. Discerning no error, we affirm. |
Hickman | Court of Appeals | |
Richard E. Mack, et al. v. Comcast Corporation, et al.
An altercation between the residents of a home and alleged Comcast employees occurred when the alleged employees attempted to recover an unreturned modem from the residents after their service had been cancelled. The residents brought suit alleging several claims against multiple Comcast entities. Several of the entities were previously dismissed from the case. The trial court granted summary judgment to the remaining Comcast entity-defendants, having concluded that they had established that the alleged tortfeasors were independent contractors of a separate third party entity, and, as a result, the Comcast entities could not be liable. For the reasons discussed below, we affirm the judgment of the trial court and remand this case for such further proceedings as may be necessary and are consistent with this Opinion. |
Shelby | Court of Appeals | |
Thomas D. Flatt v. West-Tenn Express Inc., ET AL.
Thomas D. Flatt (“Employee”) alleged he injured his neck and shoulder in the course and scope of his employment with West-Tenn Express, Inc. (“Employer”). The trial court found Employee suffered a compensable injury and awarded 44 percent permanent partial disability to the body as a whole. Employer’s 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. We reverse the trial court’s judgment. |
Madison | Workers Compensation Panel | |
Kelvin Reed v. State of Tennessee
The pro se Appellant, Kelvin Reed, appeals the Shelby County Criminal Court’s summary dismissal of his “Petition for Writ of Error Coram Nobis and Motion to Vacate Illegal Sentence.” Although Reed acknowledges that his petition for coram nobis relief was untimely, he argues that due process concerns require tolling of the one-year statute of limitations. He also contends, with regard to his motion to vacate his illegal sentence, that the trial court’s order was not a final order because it failed to dismiss his motion under Rule 36.1 and failed to make the appropriate legal determinations, thereby divesting this court of jurisdiction to hear this appeal. We affirm the trial court’s summary dismissal of Reed’s petition and motion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Eric Battle
A Shelby County jury convicted the Defendant, Eric Battle, of one count of attempted first degree premeditated murder, five counts of aggravated assault, one count of employment of a firearm during the commission of a dangerous felony, and one count of being a convicted felon in possession of a firearm. On appeal, the Defendant claims that: (1) the trial court erred when it ruled that a witness’s proposed testimony was inadmissible; (2) the evidence was insufficient to sustain his convictions; and (3) the trial court erred when it declined to instruct the jury on self-defense. After a thorough review of the record and applicable law, we affirm the trial court’s judgments, but we remand for entry of corrected judgments. |
Shelby | Court of Criminal Appeals |