Rogers Group, Inc. v. Phillip E. Gilbert
Judgment debtor appeals the entry of a charging order which subjected the debtor’s interest in a limited liability company to satisfaction of the judgment debt. Finding that the charging order is not a final judgment for purposes of appeal, we dismiss the appeal and remand the case for further proceedings. |
Davidson | Court of Appeals | |
State of Tennessee v. Joseph Harris
The Defendant, Joseph Harris, appeals as of right from his jury conviction for aggravated robbery. On appeal, the Defendant contends (1) that the evidence is insufficient to support his conviction because violence was only used after the taking of the automobile had been completed; (2) that the trial court should have declared a mistrial when an alleged violation of Bruton v. United States, 391 U.S. 123 (1968), took place by a witness's reference to a co-defendant's statement that incriminated the Defendant; (3) that the trial court should have instructed the jury on joyriding as lesser-included offense of theft; and (4) that the trial court should have issued a special instruction on when a “taking” occurred by including additional language from State v. Swift, 308 S.W.3d 827 (Tenn. 2010). Discerning no error, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
In re Tristan B.
Father appeals the trial court's determination that termination of his parental rights is in the child's best interest. The trial court found clear and convincing evidence to terminate Father's parental rights on grounds of abandonment by wanton disregard, persistent conditions, and substantial non-compliance with a permanency plan. The trial court thereafter determined that termination is in the child's best interest. Discerning no error, we affirm both the trial court's rulings regarding grounds and its determination that termination is in the child's best interest. |
Bradley | Court of Appeals | |
Angela Michelle Newberry v. Jeremy Mack Newberry
Father filed a petition to modify the parties’ permanent parenting plan to make him the primary residential parent. The trial court granted Father’s petition, finding that there had been a material change of circumstances and that a change of primary residential parent was in the best interest of the two younger children. Because the trial court applied an erroneous legal standard in making its determination of a material change of circumstances, we vacate and remand. |
Hamilton | Court of Appeals | |
Douglas Brent Walker v. G.UB.MK Constructors
In 2003, an employee sustained injuries to his spine, pelvis, and shoulder while working for his employer. In 2007, the trial court determined that the employee was permanently and totally disabled as a result of the work-related injury and that his employer was responsible for authorized future medical treatment directly related to the work-related injury. In 2013, the employee filed a motion to compel medical benefits, asserting that his employer had refused to pay for medical treatment determined to be reasonable and necessary by his authorized treating physician. The trial court denied the motion, and the employee appealed. 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. We affirm the trial court’s judgment. |
Knox | Court of Appeals | |
State of Tennessee v. Ricky Duvil Lunsford
A Madison County jury convicted the Defendant, Ricky Duvil Lunsford, of attempted voluntary manslaughter and employing a deadly weapon during the commission of a dangerous felony. On appeal, the Defendant contends that the trial court erred when it: (1) failed to properly instruct the jury; (2) excluded an email from the Defendant to the victim about the decline of their marriage; (3) prevented the Defendant from testifying about the victim's prior aggressive tendencies; and (4) excluded evidence of the victim's prior domestic assault charge. After a thorough review of the record and the applicable law, we conclude that the trial court erred when it failed to instruct the jury as to self-defense. We reverse the judgments of conviction and remand for a new trial. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Nicholas Grace
The Defendant, Nicholas Grace, was convicted by a Shelby County jury of aggravated robbery, a Class B felony. See T.C.A. § 39-13-402. The sole issue presented for our review is whether the evidence is sufficient to sustain the conviction. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Alexander Carney
The defendant, Alexander K. Carney, pled guilty in the Madison County Circuit Court to possession of less than .5 grams of cocaine with the intent to sell or deliver, a Class C felony; possession of marijuana, a Class A misdemeanor; resisting arrest, a Class B misdemeanor; and possession of drug paraphernalia, a Class A misdemeanor, for which he received an effective sentence of five years in the Department of Correction, to be served consecutively to his sentence for a conviction in a separate case. As a condition of his guilty plea, the defendant attempted to reserve a certified question of law regarding the legality of the traffic stop that led to the discovery of the drugs. Because we agree with the State that the certified question of law is not dispositive of the case, we dismiss the appeal for lack of jurisdiction. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Alexander Carney - Dissenting
I respectfully dissent from the majority’s conclusion that the appeal should be dismissed. However, when the issue is addressed on its merits, the convictions should be affirmed. The trial court found that Defendant was not wearing his seatbelt, which was a violation of the law, and that fact gave the trooper legal grounds to stop Defendant. By the limited issue in the certified question of law, Defendant (who presumably drafted the certified question) challenged only the stop and seizure of his vehicle on the ground that he was driving without wearing his seatbelt. The State could have insisted that the certified question include the issue relied upon by the majority in order to justify the seizure of the drug evidence, but did not. Thus, neither the State nor this court can go beyond the precise issue presented. The appellate court is “limited to consideration of the question preserved.” State v. Day, 263 S.W.3d 891, 900 (Tenn. 2008). |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Justin Tyler
The defendant, Justin Tyler, was convicted by a Shelby County Criminal Court jury of rape of a child, a Class A felony, and aggravated sexual battery, a Class B felony, and was sentenced to twenty-five years and ten years, respectively, to be served consecutively in the Tennessee Department of Correction. On appeal, the defendant argues that: (1) the trial court erred in admitting the video of the victim's forensic interview, (2) the prosecutor committed prosecutorial misconduct during closing argument, and (3) the cumulative effect of the errors warrants reversal. After review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Jeremy Curtis Workman v. State of Tennessee
A Greene County jury convicted the Petitioner, Jeremy Curtis Workman, of five counts of rape of a child and two counts of incest, and the trial court sentenced him to serve twenty-five years, at 100%, followed by twelve years, at 30%. This Court affirmed the Petitioner's convictions. State v. Jeremy Workman, No. E2010-02278-CCA-R3-CD, 2011 WL 6210667 (Tenn. Crim. App., at Knoxville, Dec. 13, 2011), perm. app. denied (Tenn. Aug. 16, 2012). The Petitioner filed a petition for post-conviction relief in which he alleged, inter alia, that his trial counsel failed to present a defense by not presenting witnesses on the Petitioner's behalf and by failing to subpoena Dr. Chang, a doctor who examined the victim and who the Petitioner asserts gave “different conclusions.” After a hearing, the post-conviction court denied the Petitioner relief. We affirm the post-conviction court's judgment. |
Greene | General Sessions Courts | |
Kevin Anthony Dickson Junior v. State of Tennessee
Petitioner, Kevin Anthony Dickson Junior, appeals the denial of his petition for post-conviction relief. Petitioner's primary contention is that the trial court lacked jurisdiction because he is a sovereign citizen who is not subject to the laws of the State of Tennessee, though he also includes an allegation of ineffective assistance of counsel as well as other alleged constitutional violations. Upon our review of the record, we affirm the judgment of the post-conviction court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Randy Jackson
The Defendant, Randy Jackson, was convicted by a Shelby County Criminal Court jury of aggravated robbery, a Class B felony, and attempt to commit aggravated robbery, a Class C felony. See T.C.A. §§ 39-13-402 (2014), 39-12-101 (2014). The trial court sentenced the Defendant to consecutive terms of eleven years for aggravated robbery and nine years for attempted aggravated robbery, for an effective twenty-year sentence. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Estate of George Lambert v. John Arnold Fitzgerald
George Lambert ("Lambert") sued John Arnold Fitzgerald ("Fitzgerald") in connection with money that Lambert gave to Fitzgerald to invest alleging claims for, among other things, fraud, intentional misrepresentation, violation of the Tennessee Securities Act of 1980, and unjust enrichment. After trial and a hearing on a motion to amend, the Chancery Court for Rhea County ("the Trial Court") entered its order awarding Lambert a judgment against Fitzgerald for $33,840.28 in principal, pre-judgment interest, and attorney‘s fees pursuant to a promissory note, and dismissing Lambert‘s remaining claims. Lambert appeals to this Court raising issues with regard to the dismissal of his claims for fraud, intentional misrepresentation, violation of the Tennessee Securities Act of 1980, and unjust enrichment. |
Rhea | Court of Appeals | |
Tambra Jo Swonger v. James Henry Swonger
This appeal arises from a default judgment entered in a divorce action, wherein the wife was granted, inter alia, a permanent order of protection against the husband. The husband sought to have the permanent order of protection provision contained in the parties' divorce decree set aside, asserting that the statutory scheme pertaining to orders of protection did not provide authority for entry of a permanent, open-ended order of protection. The trial court entered an order denying relief to the husband and affirming its entry of a permanent order of protection. Husband timely appealed. Determining that the trial court was without statutory authority to enter a permanent order of protection with no time limitation, we vacate that portion of the trial court's order. |
Knox | Court of Appeals | |
Sven Hadjopoulos et al. v. Alexandra Sponcia et al.
This is a grandparent visitation case. Sven Hadjopoulos (“Grandfather”) and Mary Lou Hadjopoulos (“Grandmother”) (“Grandparents,” collectively) filed a petition seeking visitation with their minor granddaughter (“the Child”). Alexandra Sponcia (“Mother”) and Christopher Sponcia (“Father”) (“Parents,” collectively) opposed the petition and the requested visitation. After a trial, the Chancery Court for Greene County (“the Trial Court”) found that substantial harm likely would come to the Child should visitation with Grandparents cease. The Trial Court, therefore, ordered grandparent visitation. Parents filed an appeal to this Court. We hold that the Trial Court’s final judgment is insufficient in a number of ways detailed herein, including its lack of a required best interest determination. We vacate the judgment of the Trial Court and remand for the Trial Court to enter a new, clarified final judgment in this case consistent with this Opinion. |
Greene | Court of Appeals | |
Paul David Childs v. State of Tennessee
The Petitioner, Paul David Childs, appeals as of right from the Davidson County Criminal Court’s dismissal of his petition for post-conviction relief. The Petitioner contends that he received ineffective assistance from his trial counsel. Specifically, the Petitioner alleges that trial counsel was ineffective (1) for failing to “adequately inform” the Petitioner about “his rights regarding a preliminary hearing” and failing to request a preliminary hearing; (2) for failing to impeach the victim with an alleged prior inconsistent statement; (3) for preventing the Petitioner from testifying at trial; (4) for failing to sufficiently prepare for the trial, failing to present any witnesses at trial, and pursuing a “highly questionable” trial strategy; and (5) for advising the Petitioner to waive his right to appeal his conviction. Discerning no error, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Alonza Grace v. State of Tennessee
The petitioner, Alonza Grace, appeals from the denial of post-conviction relief, arguing that his guilty plea was not knowingly, voluntarily, and intelligently entered because he was under the influence of prescription medication. He further contends that trial counsel was ineffective in failing to request a forensic evaluation to determine his competency and in failing to investigate alleged missing evidence. Upon our review, we affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
Lona Parker v. State of Tennessee
The petitioner, Lona Parker, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he received effective assistance of trial counsel. Following our review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
Tiffany Amos v. State of Tennessee
The petitioner, Tiffany Amos, appeals the post-conviction court’s denial of relief from her theft and criminal impersonation convictions, arguing that she received ineffective assistance of counsel and that her guilty pleas were unknowingly and involuntarily entered. After review, we affirm the denial of the petition. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Michael Bonsky
The Appellant, Michael Bonsky, was convicted by a jury in the Shelby County Criminal Court of second degree murder, attempted second degree murder, and especially aggravated robbery. The trial court imposed a total effective sentence of sixty years in the Tennessee Department of Correction. On appeal, the Appellant raises the following issues: (1) whether the trial court erred by drafting its own jury instruction regarding diminished capacity; (2) whether the trial court erred by admitting evidence regarding the Appellant‘s presence at a casino and committing a robbery in Mississippi within hours of the instant offenses; (3) whether the trial court erred by admitting a recording of the telephone call one of the victims made to 911; (4) whether the trial court erred by admitting the Appellant‘s statement into evidence; (5) whether the trial court erred by not allowing an expert witness to testify regarding the Appellant‘s level of intoxication and his ability to form the requisite intent; (6) whether the trial court erred in sentencing the Appellant; and (7) whether the evidence was sufficient to sustain the Appellant‘s convictions. Upon review, we conclude that the trial court‘s instruction to the jury regarding diminished capacity was error and that the error was not harmless; therefore, the Appellant‘s convictions are reversed, and the case is remanded for a new trial. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael Bonsky - Concurring
In this case, the jury eschewed the charge of first degree murder and convicted the defendant of the lesser included offense of second degree murder. I write separately because I thought it worth pointing out why this circumstance did not cause the instructional error to be harmless. |
Shelby | Court of Criminal Appeals | |
Saidrick T. Pewitte v. State of Tennessee
The petitioner, Saidrick T. Pewitte, appeals the denial of his petition for post-conviction relief, arguing that he received the ineffective assistance of counsel. After review, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
Tim Adams Et Al. v. CMH Homes, Inc.
The issue on this appeal is the enforceability of an arbitration agreement. Tim and Pamela Adams (Plaintiffs) bought a mobile home from CMH Homes, Inc. (Defendant). As part of the transaction, Plaintiffs signed an arbitration agreement after they were told by Defendant’s sales manager that they “had to sign the papers in order to get the home moving.” This statement was false, although the manager testified that he was unaware of its falsity at that time. Plaintiffs alleged fraudulent inducement with respect to the arbitration agreement. After a hearing, the trial court ruled that Plaintiffs established their fraudulent inducement claim. As a consequence, the court set aside the arbitration agreement. Defendant appeals. We affirm. |
McMinn | Court of Appeals | |
Regions Bank v. Thomas D. Thomas, et al.
Following a borrower’s default on a loan agreement, Regions Bank (“Regions”) accelerated the loan and filed this lawsuit against the loan’s guarantors to collect the amounts due. After Regions sold the collateral securing the loan, it sought a judgment for the remaining deficiency. This is the second appeal of this case to this Court. Although the trial court awarded Regions a deficiency judgment prior to the first appeal, we vacated that award upon concluding that Regions had failed to provide sufficient notice to the guarantors prior to its disposition of the collateral. We observed that under Tennessee Code Annotated section 47-9-626, a secured party that has not complied with the commercial code’s collection, enforcement, disposition, and acceptance requirements can only recover a deficiency if it proves that compliance with the relevant provisions would have yielded a smaller amount than the secured obligation, together with expenses and attorney’s fees. Because the trial court did not make any findings on this issue, we remanded the case for further proceedings to determine the amount of the deficiency, if any, under Tennessee Code Annotated section 47-9-626. On remand, the trial court entered a deficiency judgment against the guarantors in the amount of $1,210,511.51. Both sides now appeal from this judgment, asserting various issues. Because Regions did not present any evidence that it would have received less than the total amounts due to it had it provided proper notice, we reverse the trial court’s determination that Regions is entitled to a deficiency. We further reject the guarantors’ assertions that they are entitled to a surplus. |
Shelby | Court of Appeals |