Kenneth Sherron v. State of Tennessee
The Petitioner, Kenneth Sherron, pleaded guilty to facilitation of kidnapping. Thereafter, the Petitioner filed an untimely petition for post-conviction relief, and the post-conviction court summarily dismissed the petition as time-barred. The Petitioner appeals, asserting that the post-conviction court erred when it summarily dismissed the petition. After review, we affirm the post-conviction court’s judgment. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Tina Lynn Szabo
This is an appeal by permission, pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. A Henry County grand jury indicted the Defendant, Tina Lynn Szabo, for various charges arising out of a traffic stop based upon the Defendant's erratic driving and the subsequent blood test results obtained by a search warrant for a blood draw. The Defendant filed a motion to suppress the blood test results obtained as a result of a search warrant, and the trial court suppressed the blood test results, ruling that an error within the warrant and an untimely return rendered the search warrant invalid. The State filed a motion for an interlocutory appeal, which was granted by the trial court. We granted the Rule 9 appeal, and the State asserts that the trial court erred when it granted the Defendant's Motion to Suppress. After review, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion. |
Henry | Court of Criminal Appeals | |
In Re Cannon H.
This appeal involves a dispute between unmarried parents regarding the modification of a residential parenting schedule for their minor child. Following a hearing, a juvenile court magistrate modified the parties’ existing parenting schedule to permit Father to exercise parenting time with the child during the first, third, and fifth weekends of each month. Father requested a rehearing before the juvenile court judge. The case was reheard, and the juvenile court judge ordered a similar parenting schedule permitting Father to exercise parenting time during the second, fourth, and fifth weekends of each month. The juvenile court also ordered Father to pay Mother’s attorney’s fees in the amount of $3,500. On appeal, Father takes issue with the parenting schedule and award of attorney’s fees ordered by the juvenile court. Having reviewed the record and considered the arguments presented, we affirm the juvenile court’s parenting schedule; however, we vacate the award of attorney’s fees and remand the case to the juvenile court for a determination as to the amount and reasonableness of the attorney’s fees incurred. |
Shelby | Court of Appeals | |
State of Tennessee v. Brian Adams
A jury found that the Defendant, Brian Adams, was guilty of rape of a child, a Class A felony, and aggravated sexual battery, a Class B felony. The trial court sentenced the defendant to an effective sentence of ninety years. The Defendant asserts that his convictions should be overturned on the basis of insufficient evidence. After a thorough review of the record, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marty V. Bell
The Defendant pled guilty to aggravated rape and received a sentence of twenty-five years as a multiple rapist. The Defendant now challenges his sentence as illegal pursuant to Tennessee Rule of Criminal Procedure 36.1, asserting that the trial court erred by failing to make a factual finding of his previous rape conviction and that a disparity exists between the length of his sentence and other shorter sentences for more serious convictions. After a thorough review of the record, we affirm the trial court's dismissal of the Defendant's motion to correct his sentence. |
Shelby | Court of Criminal Appeals | |
In Re Piper H.
This appeal involves a dispute between unmarried parents regarding a residential parenting schedule for their minor child. Following a hearing, a juvenile court magistrate ordered a structured parenting schedule permitting Father to exercise parenting time with the child during the first, third, and fifth weekends of each month. Father requested a rehearing before the juvenile court judge. The case was reheard, and the juvenile court judge ordered a similar parenting schedule permitting Father to exercise parenting time during the second, fourth, and fifth weekends of each month. The juvenile court also ordered Father to pay Mother’s attorney’s fees in the amount of $3,500. On appeal, Father takes issue with the parenting schedule and award of attorney’s fees ordered by the juvenile court. Having reviewed the record and considered the arguments presented, we affirm the juvenile court’s parenting schedule; however, we vacate the award of attorney’s fees and remand the case to the juvenile court for a determination as to the amount and reasonableness of the attorney’s fees incurred. |
Shelby | Court of Appeals | |
Margaret Smith v. HSBC Mortgage Services, Inc., et al.
Because the order appealed does not comply with Rule 58 of the Tennessee Rules of Civil Procedure, the order is not a final judgment. Consequently, this Court lacks jurisdiction and this matter must be dismissed. |
Shelby | Court of Appeals | |
State of Tennessee v. Alberto Conde-Valentino
The defendant, Alberto Conde-Valentino, appeals his Davidson County Criminal Court jury convictions of felony murder and especially aggravated robbery, claiming that the trial court abused its discretion by denying his motion for severance of co-defendants, that the trial court erred by refusing to instruct the jury on accomplice testimony, and that the evidence was insufficient to sustain his convictions. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
In re Jaquan B.
This is a dependency and neglect action involving the respondent mother’s two minor children, ages five and six at the time the incident giving rise to this action occurred. After it was discovered that the older child suffered, inter alia, a liver laceration as a result of physical abuse, the Hamilton County Juvenile Court determined that both children were dependent and neglected in the care of their mother. The juvenile court also determined that the older child was a victim of severe child abuse. The mother perfected a de novo appeal to the Circuit Court for Hamilton County. The circuit court likewise found, by clear and convincing evidence, that the children were dependent and neglected and that the mother committed severe child abuse against the older child. The mother appeals the circuit court’s finding of severe child abuse. We have determined that the evidence clearly and convincingly supports the circuit court’s findings that the children are dependent and neglected, and that the mother severely abused the older child. Thus, we affirm. |
Hamilton | Court of Appeals | |
State of Tennessee v. Cuben Lagrone
A Knox County jury convicted the Defendant, Cuben T. Lagrone, of attempted second degree murder, employing a firearm during the commission of attempted second degree murder, attempted first degree premeditated murder, employing a firearm during the commission of attempted first degree premeditated murder, and reckless endangerment. The trial court sentenced the Defendant as a Range II multiple offender to a total effective sentence of sixty-five years. On appeal, the Defendant contends that: (1) the trial court erred when it denied his motion to suppress evidence from a cell phone seized during a traffic stop and weapons seized during a traffic accident investigation; (2) the trial court erred when it allowed the State to play a video recording during its opening statement; (3) the trial court erred when it instructed two witnesses, without first appointing counsel, to testify against the Defendant after the witnesses invoked their Fifth Amendment right to remain silent, and when it allowed the State to make an inappropriate comment in front of the jury on this matter; (4) the trial court improperly admitted into evidence the first victim’s 911 call, images of the Defendant near or displaying firearms, and the Defendant’s jail call, and improperly declined to admit into evidence the second victim’s letter to the first victim; (5) the evidence is insufficient to sustain any of his convictions; (6) the trial court erred when it failed to grant a new trial based on a witness’s recantation; (7) the trial court erred when it instructed the jury regarding the truthfulness of witnesses and regarding criminal responsibility; (8) the trial court erred when it denied the Defendant’s motion for judgment of acquittal; (9) the trial court erred when it sentenced the Defendant; and (10) due process requires a reversal of the Defendant’s convictions because of the effect of cumulative error. After a thorough review of the record and relevant authorities, we affirm the trial courts judgments of convictions in all respects. We vacate the sentences for the two counts of employing a firearm during the commission of a felony and remand for resentencing on those two counts. |
Knox | Court of Criminal Appeals | |
AT&T Mobility II, LLC et al v. Richard H. Roberts, Commissioner of Revenue, State of Tennessee
Taxpayer filed a claim with the Tennessee Department of Revenue for refund of sales taxes of approximately $24 million that it erroneously collected from approximately 800,000 of its customers and paid to the Department. Over the course of the next three and a half years, representatives of the Department and the taxpayer worked together to identify and provide information in a format that would facilitate the review. While the claim was being reviewed, the taxpayer filed suit in chancery court; the parties continued to work to resolve the claim, and the court extended the disposition date of the suit. In due course, the Department refunded approximately $19 million, plus a portion of the interest sought by the taxpayer; the case proceeded to trial to determine whether the applicable statute permitted the taxpayer to recover additional interest. The court determined that the claim was resolved by the administrative review rather than by the court and awarded interest from the date the taxpayer supplied proper proof to the Department; the court also awarded costs and attorneys’ fees to the Commissioner. Taxpayer appeals. Finding no error, we affirm the judgment of the Chancery Court. |
Davidson | Court of Appeals | |
Federal National Mortgage Association v. Arnold Emmitt Quarles, III
A borrower on a promissory note secured by his home became delinquent in his payments and the bank foreclosed and filed a successful unlawful detainer action in general sessions court. The borrower filed a petition for writ of certiorari and supersedeas in circuit court asserting wrongful foreclosure; he also filed a countercomplaint seeking declaratory relief and alleging causes of action for unjust enrichment and wrongful disclosure against the bank. Three defendants filed a motion for summary judgment, and the trial court granted the motion. The borrower filed a motion for permission to file an amended countercomplaint asserting causes of action for fraud and breach of contract against the bank, and the trial court granted the motion. The trial court further granted the defendants’ motion for summary judgment and certified the order as a final judgment pursuant to Tenn. R. Civ. P. 54.02. Because we have determined that the trial court erred in certifying the judgment as final under Tenn. R. Civ. P. 54.02, we vacate the trial court’s order and remand for further proceedings. |
Rutherford | Court of Appeals | |
In re Makenzie P., et al.
This appeal arises from the termination of a mother's parental rights to her two children. The Department of Children's Services (“DCS”) removed the children from the mother's home due to drug exposure. After finding the children dependent and neglected, a juvenile court awarded custody of the children to mother's parents. The mother's parents then contracted with a nonprofit organization to place the children with a host family while the mother sought treatment for her drug use. Time passed, and the children ultimately spent time with several host families, including, finally, potential adoptive parents. When the health of mother's parents precluded them from retaining custody, mother, mother's parents, and the potential adoptive parents requested that the juvenile court award custody to the potential adoptive parents. The juvenile court granted the request, and several months later the potential adoptive parents filed a petition in chancery court to terminate mother's parental rights and to adopt. Following a trial, the chancery court found clear and convincing evidence of one ground for termination of parental rights and that termination was in the children's best interest. On appeal, Mother asserts a violation of due process because she was unrepresented in the dependency and neglect proceedings after her parents were awarded custody of the children. We affirm the termination of parental rights. |
Shelby | Court of Appeals | |
James A. Long, et al v. Charles D. Ledford, et al.
In this bench trial following a de novo appeal from the general sessions court, the trial court awarded Appellees a judgment of $2,308.28 representing the principal and interest due on a promissory note. Appellants raise several issues concerning the general sessions court proceeding as errors on appeal. Discerning no error, we affirm. |
Unicoi | Court of Appeals | |
In re: M. D.
This appeal arises from a finding of dependency and neglect. The Tennessee Department of Children’s Services (“DCS”) filed a petition alleging that M. D. (“the Child”) was dependent and neglected based upon alleged sexual abuse by her father, D. D. (“Father”). The Child’s mother, S. D. (“Mother”), filed a cross-petition to intervene, and she sides with DCS on appeal. After a trial, the Circuit Court for Jackson County (“the Trial Court”) found the Child to be both dependent and neglected and a victim of severe abuse by Father. Father appeals to this Court. We find and hold that the evidence does not preponderate against the findings of the Trial Court, and the evidence rises to the standard of clear and convincing to prove the Child is dependent and neglected, as well as a victim of severe abuse. We further find no reversible error in the Trial Court’s considering Father’s drug use and troublesome courtroom behavior in assessing his credibility. We affirm the judgment of the Trial Court. |
Jackson | Court of Appeals | |
Eric Best v. Tennessee Department of Correction, et al.
Appellant, an inmate in the custody of Appellee, the Tennessee Department of Correction, filed a pro se petition for common law writ of certiorari in the trial court, seeking review of a prison disciplinary board’s decision finding him guilty of possession and use of a cell phone. Appellees moved to dismiss the petition for lack of subject matter jurisdiction on the ground that the petition was not verified as required by the Tennessee Constitution and Tennessee Code Annotated Sections 27-8-104(a) and 27-8-106. The trial court granted the dismissal, and Appellant appeals. Discerning no error, we affirm the dismissal of the petition. |
Davidson | Court of Appeals | |
Willie Johnson v. Turney Center Disciplinary Board, et al.
An inmate of the Tennessee Department of Correction filed a petition for common law writ of certiorari seeking review of his prison disciplinary conviction. The trial court dismissed the petition on the grounds that the court lacked subject matter jurisdiction to review his petition because the petitioner failed to file the documents required under Tenn. Code Ann. § 27-9-102, and failed to comply with the filing requirements of Tenn. Code Ann. § 41-21-805 and § 41-21-807. This appeal followed. We affirm. |
Hickman | Court of Appeals | |
Nicole Aquino Williamson v. Paul Landon Lamm
This case involves the modification of a permanent parenting plan under which the parents exercised equal parenting time. The mother, who was designated the primary residential parent in the original plan, filed a petition to modify and alleged a material change had occurred in that the child had reached school age and the distance between the parents made the parenting schedule unworkable. The father did not file a counter-petition but filed a competing parenting plan. After a hearing, the trial court changed the primary residential parent for the upcoming school year to the father, established a new residential parenting schedule, and invited the mother to file a new modification petition for the following school year. The mother appealed. We conclude the preponderance of the evidence does not establish a material change in circumstance sufficient to modify the primary residential parent but does establish a material change sufficient to meet the lower standard for modification of the residential parenting schedule. Consequently, we reverse the decision of the trial court and remand for a determination of a residential parenting schedule that is in the best interest of the child. |
Maury | Court of Appeals | |
Murray Owen Wilhoite, Jr. v. Brenda Ruth Wilhoite, et al.
Husband filed a breach of contract action against his Wife while their divorce was pending. When the parties settled the divorce, Husband voluntarily dismissed his breach of contract action. Husband later filed a motion to reinstate his breach of contract action against Wife, which the trial court denied. We affirm. |
Williamson | Court of Appeals | |
In re Damian M.
This is a dependency and neglect action involving the respondent mother’s two minor children, ages five and six at the time the incident giving rise to this action occurred. After it was discovered that the older child suffered, inter alia, a liver laceration as a result of physical abuse, the Hamilton County Juvenile Court determined that both children were dependent and neglected in the care of their mother. The juvenile court also determined that the older child was a victim of severe child abuse. The mother perfected a de novo appeal to the Circuit Court for Hamilton County. The circuit court likewise found, by clear and convincing evidence, that the children were dependent and neglected and that the mother committed severe child abuse against the older child. The mother appeals the circuit court’s finding of severe child abuse. We have determined that the evidence clearly and convincingly supports the circuit court’s findings that the children are dependent and neglected, and that the mother severely abused the older child. Thus, we affirm. |
Hamilton | Court of Appeals | |
State of Tennessee v. Terrance Stepheny
The defendant, Terrance Stepheny, was convicted by a Shelby County Criminal Court jury of aggravated robbery, a Class B felony, and was sentenced by the trial court as a Range II, multiple offender to seventeen years in the Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence and argues that the trial court imposed an excessive sentence by not sentencing him at the lower end of his range. Following our review, we affirm the judgment of the trial court but remand for entry of a corrected judgment to reflect the defendant’s conviction offense as aggravated robbery, which was omitted. |
Shelby | Court of Criminal Appeals | |
In re Quadayvon H., et al.
This appeal involves the termination of a father’s parental rights to two of his children. The children’s mother’s rights were previously terminated. In 2010, the older child was adjudicated dependent and neglected due to his mother’s drug use; the father was incarcerated at the time. In 2012, both children were adjudicated dependent and neglected and removed from their mother’s home after an altercation involving the father and another child resulted in father’s arrest and mother’s arrest for drug use. In 2015, the Tennessee Department of Children’s Services filed a petition seeking to terminate the father’s parental rights on the statutory grounds of persistence of conditions and mental incompetence. The juvenile court found that both grounds were proved by clear and convincing evidence and also found by clear and convincing evidence that termination of the father’s rights was in the children’s best interests. The father appeals. We reverse. |
Knox | Court of Appeals | |
James A. Long, et al. v. Charles D. Ledford, et al
James A. Long and Patricia Long (“Plaintiffs”) sued Charles D. Ledford and Vivian Ledford (“Defendants”) with regard to a promissory note. After a trial, the Circuit Court for Unicoi County (“the Trial Court”) entered a Final Order granting Plaintiffs a judgment against Defendants for $21,296.01. Defendants appeal to this Court. The record on appeal contains no transcript and no statement of the evidence. We must assume that the record had it been preserved would contain sufficient evidence to support the Trial Court‟s factual findings. We, therefore, affirm |
Unicoi | Court of Appeals | |
In re Scott H.
This is a termination of parental rights case involving a ten-year-old child, Scott H. (“the Child”). On August 8, 2011, the Shelby County Juvenile Court (“trial court”) granted temporary legal custody of the Child to the Tennessee Department of Children's Services (“DCS”). The Child was immediately placed in foster care, where he has remained since that date. DCS subsequently filed a petition to terminate the parental rights of the Child's mother, Jill H. (“Mother”), and his father, William H. (“Father”), on April 17, 2015.1 Following a bench trial, the trial court terminated Mother's parental rights to the Child after determining by clear and convincing evidence that (1) Mother failed to substantially comply with the requirements of the permanency plans, (2) the conditions that led to the removal of the Child from Mother's custody still persisted, and (3) Mother was mentally incompetent to adequately care for the Child. The trial court further found by clear and convincing evidence that termination of Mother's parental rights was in the best interest of the Child. Mother has appealed. Discerning no error, we affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Paul Brent Baxter
Defendant, Paul Brent Baxter, was convicted of three counts of aggravated assault and received concurrent sentences of fifteen years. On appeal, he argues that his sentences are excessive. We affirm the judgments, but we conclude, as a matter of plain error, that the judgments must be merged into a single conviction. Accordingly, the judgments of the trial court are remanded. |
Marshall | Court of Criminal Appeals |