In Re K.N.B., et al
R.H.R. (“Father”) appeals the trial court’s judgment terminating his parental rights to his daughter, K.N.B., and to another child, S.M.J. (collectively “the Children”). Father is the putative biological father of S.M.J. The Department of Children’s Services (“DCS”) removed the Children and two half-siblings from their mother’s home and placed them in protective custody after police discovered them living in deplorable conditions. They were placed in foster care and subsequently adjudicated dependent and neglected. A year and a half later, DCS filed a petition to terminate parental rights. After a bench 1 trial, the court terminated Father’s parental rights to K.N.B. based on the court’s finding that abandonment grounds were proven by clear and convincing evidence. As to S.M.J., the court terminated Father’s rights based upon his failure to establish paternity. The trial court further found, also by clear and convincing evidence, that termination is in the best interest of the Children. Father appeals.2 He argues, with respect to S.M.J., that the evidence is insufficient. With respect to K.N.B., he asserts that he was incarcerated during a portion of the four-month period immediately preceding the filing of the petition to terminate and, consequently, DCS and the trial court erred in relying upon that four-month period in assessing the grounds of willful failure to visit and willful failure to support. He does not contest the trial court’s best-interest determination. We affirm as to the child S.M.J. and reverse as to K.N.B. |
Sullivan | Court of Appeals | |
State of Tennessee v. Victor James
A Madison County jury convicted the Defendant, Victor James, of one count of driving on a revoked license. The Defendant also pleaded guilty to an additional count of driving on a revoked license, prior offender, and the trial court sentenced him to eleven months and twenty-nine days in jail. On appeal, the Defendant contends that the evidence presented is insufficient to support his conviction. After a thorough review of the record and the applicable authorities, we affirm the trial court’s judgment. |
Madison | Court of Criminal Appeals | |
Willie Douglas Johnson v. State of Tennessee
The Petitioner, Willie Douglas Johnson, appeals the post-conviction court’s denial of post-conviction relief from his convictions for attempted second degree murder and unlawful possession of a weapon. On appeal, the Petitioner argues that he received ineffective assistance of counsel. Upon review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Kenneth T. Whalum, Jr. v. Shelby County Election Commission
This is an election contest case between the declared winner of a school board race in Shelby County and an unsuccessful candidate. The trial court invalidated the election on the ground that there was “clear uncertainty about the election outcome.” On appeal, the declared winner of the race argues: (1) the unsuccessful candidate has no standing to prosecute his election contest; (2) the trial court erred in failing to dismiss the case pursuant to Tennessee Code Annotated Section 5-1-111(a); and (3) the trial court erred in invalidating the election pursuant to Emery v. Robertson County Election Commission, 586 S.W.2d 103 (Tenn. 1979). We hold that the unsuccessful candidate maintains standing to prosecute this appeal, and that his claim is not moot. Additionally, we affirm the trial court’s denial of the declared winner of the race’s motion to dismiss, but reverse as to the trial court’s judgment declaring the election invalid and ordering a new election. Affirmed in part, reversed in part, and remanded. |
Shelby | Court of Appeals | |
Kenneth T. Whalum, Jr. v. Shelby County Election Commission - Concurring/Dissenting
I fully concur with the result reached in this matter and, specifically, the determination that the election was not invalid, that a new election is not required, and that Mr. Woods is the winner in the 2012 District 4 election to the Shelby County School Board. |
Shelby | Court of Appeals | |
In Re Jayden G.
In this termination of parental rights case, Mother appeals not only the trial court’s findings of severe child abuse and persistent conditions as the grounds for termination, but also the trial court’s conclusion that termination was in the child’s best interest. We affirm the trial court’s finding of severe abuse, but reverse the trial court’s finding that clear and convincing evidence exists to prove the persistence of conditions. We also affirm the trial court’s finding that termination is in the child’s best interest, and therefore, affirm the termination of the Mother’s parental rights. |
Hardin | Court of Appeals | |
State of Tennessee v. Curtis Keller
The defendant, Curtis Keller, was convicted of three counts of aggravated robbery, three counts of especially aggravated kidnapping, four counts of attempted aggravated robbery, four counts of aggravated assault, one count of aggravated burglary, and one count of intentionally evading arrest in a motor vehicle. For these convictions, he was given an effective sentence of three hundred years. The defendant filed a direct appeal with this court raising multiple issues. This court concluded that the defendant’s claims lacked merit and affirmed the judgments of the trial court, including the convictions for especially aggravated kidnapping. Thereafter, the defendant filed an application for permission to appeal with the Tennessee Supreme Court. The application was granted in part, and the case was remanded to this court to be reconsidered in light of State v. White, 362 S.W.3d 559 (Tenn. 2012) and State v. Cecil, 409 S.W.3d 599 (Tenn. 2013). Upon remand, we conclude that, contrary to the asserted argument, the White jury instruction was given to the jury. Thus, we are limited to a simple sufficiency of the evidence review, the same review we conducted during the direct appeal. Having already concluded that the evidence was sufficient, we again affirm the judgments of conviction. |
Shelby | Court of Criminal Appeals | |
Darlene Poindexter v. Roadway Express d/b/a YRC, Inc., et al.
An employee asserted that she sustained a compensable injury while working as a truck driver for her employer. The employer denied the claim, contending that the employee did not sustain a compensable injury but only aggravated a pre-existing condition. The trial court entered a judgment in the employer’s favor, and the employee appealed. After a thorough review of the record, we affirm the judgment of the trial court. |
Tipton | Workers Compensation Panel | |
Timothy Richard Plotner v. Metal Prep
An employee contracted a lung condition while working as a forklift operator for his employer. After the employee’s treating physician informed him that the condition was caused by exposure to grain dust produced by a grain facility adjacent to the employer’s workplace, the employee filed a claim for workers’ compensation benefits. The employer denied his claim, contending that it was not liable for the conditions that led to the injury. The trial court concluded that the employee’s condition rendered him permanently and totally disabled, and the employer appealed. We affirm the judgment of the trial court. |
Shelby | Workers Compensation Panel | |
State of Tennessee v. James William Tawater
Defendant, James William Tawater, was indicted for one count of Class D felony theft of property of $1,000.00 or more in value. A jury found him guilty as charged. The trial court imposed a sentence of six years as a Range II multiple offender. The manner of service of the sentence was ordered to be an alternative sentence of probation, served by split confinement pursuant to Tennessee Code Annotated section 40-35-306, with one year to be served in the county jail followed by five years of probation under the supervision of Community Corrections. Defendant presents three issues in his appeal: (1) the evidence was insufficient to support the conviction; (2) the trial court abused its discretion by imposing the sentence ordered; and (3) the trial court abused its discretion when it determined the amount of restitution owed by Defendant and by failing to ascertain Defendant’s ability to pay restitution. We affirm the conviction and the length and manner of service of the sentence. However, we reverse the restitution portion of the sentence and remand for a new hearing regarding restitution. |
Robertson | Court of Criminal Appeals | |
Leroy Stocklin, Jr. v. Karen R. Lord Et Al.
Plaintiff Leroy Stocklin, Jr., served a non-wage garnishment on Carol Dean, in her capacity as executrix of her mother’s estate, in an attempt to reach the interest of an estate beneficiary, Karen R. Lord. Lord, who is Dean’s sister, is a $10,348 judgment debtor of Stocklin by virtue of a general sessions court judgment. Dean’s attorney acknowledged proper service of the garnishment and represented that it would be satisfied from Lord’s portion of the |
Hamilton | Court of Appeals | |
Amber L. Bilbrey v. Melissa Lynn Parks
This negligence case arises out of a car accident. Plaintiff Amber L. Bilbrey, while driving from Mayland to Monterey with her boyfriend and her aunt, ran out of gas. They turned around and tried to get the car back to Mayland by a combination of “running on fumes” and pushing the car. When they could push no longer, Bilbrey parked the car on the side of the road. Because there was a parallel ditch on the shoulder of the road, a part of the parked car extended into the roadway. Bilbrey stayed with the car while the others went for gas. The defendant, Melissa Lynn Parks, was driving toward Mayland and ran into the back of Bilbrey’s car, causing injury to both of them. After a five-day trial, the jury returned a verdict finding both Bilbrey and Parks to be 50% at fault. The trial court entered a judgment in accordance with the jury verdict. The issues raised on appeal are whether the trial court erred in admitting (1) the deposition testimony of Bilbrey’s boyfriend after the court found him “unavailable” because he was allegedly more than 100 miles from the courthouse, and (2) the testimony of a state trooper regarding the content of a voice message sent by Bilbrey to her boyfriend shortly before the accident. Finding no prejudicial error, we affirm the judgment of the trial court. |
Cumberland | Court of Appeals | |
Stephen Michael West, et al. v. Derrick D. Schofield, et al.
This case asks us to interpret an exception to the Tennessee Public Records Act, Tennessee Code Annotated section 10-7-504(h), to determine whether it creates a privilege protecting the identities of persons involved in carrying out a sentence of death from pretrial discovery. This question arises from litigation in which Appellees, who are death row inmates, challenge the constitutionality of the Tennessee Department of Correction’s Execution Procedures for Lethal Injection on various grounds. In prosecuting their case, Appellees requested the identities of certain John Doe Defendants involved in the execution process, but the State refused to produce this information. On a motion to compel, the trial court ordered the disclosure of the John Doe Defendants’ identities subject to an agreed protective order. We find the information sought by Appellees is relevant and is not privileged under Tennessee Code Annotated section 10-7-504(h). The decision of the trial court is affirmed. |
Davidson | Court of Appeals | |
In Re: Tiara T., et al
The trial court terminated Father’s parental rights to two children on the ground of abandonment by wilful failure to support and wilful failure to visit. Father appeals the termination of his parental rights stating that the evidence of wilful abandonment is not clear and convincing. Finding no error, the judgment of the trial court is affirmed. |
Robertson | Court of Appeals | |
Dennis Michael Christie v. Shannon Denise Christie
In this post-divorce proceeding, Wife has filed an interlocutory appeal as of right pursuant to Tennessee Supreme Court Rule 10B from the trial court’s denial of a motion for recusal. After reviewing Wife’s petition for recusal appeal de novo as required under Rule 10B, we summarily affirm the trial court’s denial of the motion. |
Williamson | Court of Appeals | |
Noranda Aluminum, Inc. v. Golden Aluminum Extrusiion, LLC, Et Al.
The issue in this appeal is whether the trial court properly held that companies A and B could not be held liable for the allegedly fraudulent sale of equipment by company C because the equipment at issue was fully encumbered by a lien at the time of the sale and, therefore, did not qualify as an asset under the Uniform Fraudulent Transfer Act. We affirm the trial court’s decision. |
Williamson | Court of Appeals | |
Bringle Farms Partnership v. State of Tennessee
This is a breach of contract case arising from a crop lease entered into between a farming entity and the Tennessee Wildlife Resources Agency (“the TWRA”). The five-year lease required the lessee to pay rent for the right to farm the land; however, the lessee would receive a credit provided he timely planted and harvested an agreed upon amount and type of waterfowl food crop to feed wildlife. The lessee would also receive a credit for providing agreed upon “in-kind services.” After the second year, the TWRA terminated the lease for, inter alia, non-payment of rent, failure to timely plant crops, and failure to remove trash. The lessee filed this claim alleging the TWRA wrongfully terminated the five-year lease with three years remaining for which it sought damages for lost profits. The TWRA counterclaimed for unpaid rent and damage to the property. The claims commission found the TWRA did not terminate the lease for cause; therefore, the lessee was entitled to seek damages for lost profits; however, the commission found the lessee failed to prove its damages. As for the TWRA’s counterclaims, the commission found the lease ambiguous regarding the payment of rent, and after considering parol evidence, it determined the parties intended the performance of in-kind services would reduce the rent to zero. Therefore, the commission denied the TWRA’s counterclaim for unpaid rent. As for damage to the property, the commission found the lessee damaged the property for which it awarded the TWRA $1,743.30. Both parties appealed. We have concluded the TWRA terminated the lease for cause due to material breaches by the lessee; therefore, the lessee is not entitled to damages.We have also concluded that the lease provision regarding rentand in-kind services is unambiguous and that the lessee failed to provide in-kind services sufficient to offset all of the rent that was owing; therefore, the TWRA is entitled to recover the balance owed on the rent. Accordingly, we affirm in part and reverse in part, and remand for further proceedings consistent with this opinion. |
Court of Appeals | ||
Bruce Rishton v. State of Tennessee
The Petitioner, Bruce Rishton, appeals the Sequatchie County summary dismissal of his petition for habeas corpus relief. He contends that the trial court’s failure to inform him of the “direct and punitive consequences” of his accepting a guilty plea requiring community supervision for life renders his guilty plea void and that habeas corpus relief should have been granted. Upon consideration of the record and the applicable authorities, we affirm the judgment of the habeas corpus court. |
Sequatchie | Court of Criminal Appeals | |
Melissa L. Grayson v. State of Tennessee
The Petitioner, Melissa L. Grayson, appeals as of right from the Davidson County Criminal Court’s dismissal of her petition for post-conviction relief. The Petitioner contends that her trial counsel was ineffective (1) for failing to effectively communicate with her and prepare her for trial and (2) for failing to call several witnesses “that would have been beneficial” to her defense. Following our review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Roadway Express, Inc. v. Sammy T. Robertson
This appeal arises from an award granted as part of a workers’ compensation claim. Roadway Express, Inc. (“Roadway”) sued Sammy T. Robertson (“Robertson”) in the Circuit Court for Bradley County (“the Trial Court”). The Trial Court previously had ordered Roadway to pay for certain medical treatment for Robertson. Roadway made the payments and appealed the Trial Court’s decision. The Tennessee Supreme Court Special Workers’ Compensation Appeals Panel vacated the Trial Court’s order granting this award, and Roadway then sought reimbursement from Robertson. Robertson filed a motion to dismiss, arguing that this action was governed by workers’ compensation laws and there was no mechanism for reimbursement available to Roadway. The Trial Court dismissed the suit. Roadway appeals. Without reaching any conclusions about any other possible redress Robertson may have under Tennessee’s workers’ compensation laws, we hold that the Trial Court had subject matter jurisdiction in Roadway’s suit seeking reimbursement and, therefore, erred in granting Robertson’s motion to dismiss. We reverse the Trial Court. |
Bradley | Court of Appeals | |
In Re Conservatorship of Alfonso B. Patton
This case involves the authority of an attorney-in-fact to make gifts pursuant to a power of attorney. We agree with the trial court’s determination that, in accordance with Tenn. Code Ann.§ 34-6-110(a),the power of attorney did notauthorize the attorney-in-factto make gifts. |
Davidson | Court of Appeals | |
Guy Hawkins v. Diana Le-Hawkins
The principal issue in this appeal is whether a marital dissolution agreement the parties entered into while Wife’s complaint for a legal separation was pending was enforceable in an action husband commenced for an absolute divorce six days after Wife voluntarily dismissed her complaint. In Husband’s subsequent action, from which this appeal arises, Wife contested the divorce and challenged the validity of the MDA claiming it was not entered into in contemplation of Husband filing this action; she also contended it was invalid because Husband did not disclose all of his assets. The trial court found the MDA was valid because it was entered into without fraud or duress and with full knowledge of all the parties’ assets, granted a divorce, and divided the marital estate pursuant to the MDA. Wife appeals, contending that the MDA does not comply with Tenn. Code Ann. § 36-4-103, which expressly directs that “a divorce may be granted on the grounds of irreconcilable differences where there has been a contest or denial,if a properlyexecuted marital dissolution agreement is presented to the court.” To constitute a properly executed marital dissolution agreement, an MDA must be entered into in compliance with Tenn. Code Ann. § 36-4-103(a)(2), which expressly requires, inter alia, that an MDA be entered into in regards to a pending divorce or in contemplation of one being filed. Wife claims that the MDA was entered into in regards to a legal separation, and not in contemplation of divorce. The language of the MDA clearly reveals that the parties expressly contemplated a divorce and that the agreement would be incorporated in any decree of divorce that may ensue. Moreover, the evidence does not preponderate against the trial court’s finding that the parties entered into the MDA without fraud or duress and with full knowledge of the parties’ assets;therefore,the MDA constitutes a properly executed marital dissolution agreement for purposes of this action and is a valid and binding agreement upon the parties. Accordingly, we affirm. |
Coffee | Court of Appeals | |
State of Tennessee V. Minlando Cordell Young
The Defendant, Minlando Cordell Young, was indicted for one count of selling less than .5 grams of cocaine, a Class C felony; one count of delivering less than .5 grams of cocaine, a Class C felony; two counts of selling one-half ounce or more but less than ten pounds of marijuana, a Class E felony; two counts of delivering one-half ounce or more but less than ten pounds of marijuana, a Class E felony; one count of selling .5 grams or more of cocaine, a Class B felony; one count of delivering .5 grams or more of cocaine, a Class B felony; possession of .5 grams or more of cocaine “for resale,” a Class B felony; and possession of .5 grams or more of cocaine with intent to deliver, a Class B felony. See Tenn. Code Ann. § 39-17-417. Following a jury trial, the Defendant was convicted of one count of delivery of .5 grams or more of cocaine and one count of the lesser-included offense of simple possession, a Class A misdemeanor. See Tenn. Code Ann. § 39-17-418. The jury acquitted the Defendant of all the remaining charges. The trial court sentenced the Defendant as a Range I, standard offender to twelve years for the felony conviction and eleven months and twenty-nine days for the misdemeanor conviction. The trial court ordered the two sentences to be served consecutively. On appeal, the Defendant contends that the trial court erred in imposing an excessive sentence for his felony conviction. Following our review, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
James Oscar Mason v. State of Tennessee
The petitioner, James Oscar Mason, appeals the denial of post-conviction relief from his 2012 Bedford County Circuit Court jury conviction of delivery of a Schedule II controlled substance, for which he received a sentence of 10 years’ incarceration. In this appeal, the petitioner contends that he was denied the effective assistance of counsel. Discerning no error, we affirm. |
Bedford | Court of Criminal Appeals | |
In Re CBL & Associates Properties, Inc., et al.
This action involves subpoenas issued in a Massachusetts divorce case and served upon Tennessee business entities as well as individuals domiciled in Tennessee. The wife has family members, including her father, who live in Tennessee, and she also allegedly owns an interest in certain Tennessee companies. The husband requested that subpoenas be issued by the Massachusetts court where the divorce was pending to be served upon the Tennessee residents and companies. Regarding the individuals, the husband sought to discover whether provisions had been made for the wife in any of their estate plans. Regarding the businesses, the husband sought to discover the nature and value of the wife’s interests therein. The Tennessee individuals and companies filed separate motions seeking to quash all subpoenas. The trial court entered an order quashing the subpoena issued to the wife’s father and holding in abeyance the subpoenas issued to the wife’s other relatives. The order also provides that the subpoenas issued to the business entities would be addressed at a future hearing. The husband filed a motion asking the trial court to reconsider its ruling pursuant to Tennessee Rule of Civil Procedure 59. The trial court entered a second order reaffirming its earlier ruling regarding the subpoena issued to the wife’s father. The husband has appealed. Following a thorough review of the record, we determine that the order from which the husband appeals does not resolve all issues raised in the proceedings below. As such, the order is not a final order, and this appeal is dismissed for lack of jurisdiction. |
Hamilton | Court of Appeals |