State of Tennessee v. L.W.
M2009-02132-SC-R11-CD
Authoring Judge: Justice Janice M. Holder
Trial Court Judge: Judge J. Randall Wyatt, Jr.

In these two cases, consolidated for oral argument, defendants entered guilty pleas to one count in their respective indictments in exchange for dismissal of other counts. In both cases, the trial court denied their subsequent requests for expungement of the dismissed charges. Both defendants filed petitions for writ of certiorari. The Court of Criminal Appeals reversed both cases and remanded for entry of orders requiring the requested partial expungement. We granted the State’s applications for permission to appeal and ordered supplemental briefing on the issue of whether the Court of Criminal Appeals lacked subject matter jurisdiction. We hold that the procedural requirements for petitions for writ of certiorari set forth in Tennessee Code Annotated section 27-8-106 (2000) do not apply in criminal cases. We further hold that a conviction for one count in an indictment does not preclude expungement of the records relating to a dismissed charge in a separate count. Accordingly, we affirm the judgment of the Court of Criminal Appeals in both cases.

Stephen Anthony Scott v. State of Tennessee
M2010-00448-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Michael R. Jones

The defendant, Stephen Anthony Scott, appeals the sentencing decision of the Montgomery CountyCircuit Court. The defendantwas convicted of aggravated robbery, a Class B felony; attempted aggravated robbery, a Class C felony; especially aggravated kidnapping, a Class A felony; aggravated kidnapping, a Class B felony; and attempted robbery, a Class D felony. The defendant was originally sentenced to an effective term of thirty-seven years in the Department of Correction. After multiple appeals and new filings in both state and federal courts, the defendant’s case was eventually sent back to the trial court for re-sentencing in accordance with Blakely v. Washington, 542 U.S. 296 (2004). A resentencing hearing was held, and the trial court determined that one enhancement factor was applicable, that being that the defendant had juvenile adjudications which would have been felony convictions if they had occurred when the defendant was an adult. As such, the trial court, applying partial consecutive sentencing, resentenced the defendant to an effective sentence of thirty-four years and six months. On appeal, the defendant raises multiple sentencing issues for our review: (1) whether the imposed sentences are still in violation of Blakely, based upon the application of the single enhancement; (2) whether the imposed sentences are illegal as the State failed to file notice of intent to seek enhancement factors; (3) whether the court erred in imposing consecutive sentencing; (4) whether the court erred in treating a juvenile adjudication as a felony conviction for enhancement purposes; and (5) whether the court erred in failing to offer the defendant the right to waive his ex post facto rights and be sentenced pursuant to the 2005 amendments to the Sentencing Act. Following review of the record, we conclude that the trial court erred in applying the enhancement factor to the defendant’s sentences. Accordingly, we conclude that the presumptive minimum sentences for each conviction must be imposed in this case, and we remand to the trial court for entry of corrected judgments to so reflect. Additionally, we conclude that the defendant’s others issues are not meritorious and that no relief is warranted.

James C. Osborne, IV v. State of Tennessee
M2010-00065-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge John D. Wootten, Jr.
The petitioner, James C. Osborne IV, appeals the Wilson County Criminal Court’s denial of post-conviction relief from his conviction of rape. He claims on appeal that the trial court erroneously instructed the jury as to the State’s burden of proof and that his trial counsel rendered ineffective assistance in failing to object to the erroneous instruction. The record supports the post-conviction court’s denial of relief, and we therefore affirm

Anita J. Cash, City of Knoxville Zoning Coordinator v. Ed Wheeler
E2010-02652-COA-R3-CV
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Chancellor Daryl Fansler

The City of Knoxville Board of Zoning Appeals granted defendant a variance and the Knoxville City Council then nullified the variance granted by the Board of Zoning Appeals. Defendant then appealed to the Chancery Court of Knox County contending that the city ordinance which permitted the City Council to review the decisions of the Board of Zoning Appeals was invalid, and the Chancellor agreed. On appeal, we hold that the ordinance at issue is valid under the State's statutory scheme. We reverse the Chancellor and remand for further proceedings.

State of Tennessee v. Maurice Johnson
E2010-00142-CCA-R3-CD
Authoring Judge: Special Judge David H. Welles
Trial Court Judge: Judge Amy Reedy

A Bradley County jury convicted the Defendant, Maurice Johnson, of one count of especially aggravated robbery and three counts of first degree murder in the perpetration of an especially aggravated robbery. He was sentenced to life without the possibility of parole for each of the felony murder convictions and to twenty-five years for the especially aggravated robbery conviction. On appeal, the Defendant argues that the evidence was insufficient to sustain his convictions, that the district attorney engaged in repeated instances of misconduct substantially prejudicing the jury against him, and that the lead detective’s wrongdoing warrants a new trial. Following our review, we affirm the Defendant’s convictions and sentences for first degree murder during the perpetration of or attempt to perpetrate an especially aggravated robbery. The Defendant’s conviction for especially aggravated robbery is reversed and dismissed.

State of Tennessee v. Donald A. Jahr, Jr.
E2010-02288-CCA-R3-CD
Authoring Judge: Judge. D. Kelly Thomas, Jr.
Trial Court Judge: Judge David R. Duggan, Jr.

The Defendant, Donald A. Jahr, Jr., appeals as of right from the Blount County Circuit Court’s revocation of his probation and order of incarceration. The Defendant contends that the trial court erred by ordering the previously imposed sentence to be served in confinement. Following our review, we affirm the judgment of the trial court.

State of Tennessee v. Matthew Garrett
M2010-01338-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Don R. Ash

The Defendant-Appellant, Matthew Garrett, was indicted by a Rutherford County Grand Jury for aggravated assault. He was subsequently convicted by a jury of the lesser included offense of reckless aggravated assault, a Class D felony. The Defendant-Appellant was sentenced to three years imprisonment, which was suspended after service of six months. The sole issue presented for our review is whether the evidence was sufficient to support the Defendant-Appellant’s conviction. Upon review, we affirm the judgment of the trial court.

In Re Noel B.F. The Department of Children's Services v. Veda L.M.
M2010-02343-COA-R3-PT
Authoring Judge: Judge Holly M. Kirby
Trial Court Judge: Special Judge Carlton M. Lewis

This is a parental termination case. The appellant mother has a history of serious mental illness and persistent difficulties in managing her mental illness, resulting in multiple hospitalizations and incarcerations. The Tennessee Department of Children’s Services took custody of the child immediately following her birth. After the guardian ad litem and the Department of Children’s Services filed petitions to terminate the mother’s parental rights, the child’s aunt filed an intervening petition for termination of the mother’s parental rights and for custody. The trial court terminated the mother’s parental rights and did not grant the aunt’s intervening petition for custody. The aunt did not appeal. The mother appeals, arguing that the trial court’s decision to allow the child to remain with the foster parents, instead of placing the child with the aunt was not in the child’s best interest. We affirm.

Monica Whitmore v. Shelby County Government
W2010-01890-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Karen R. Williams

The trial court granted the defendant, Shelby County Government, judgment on the pleadings as to multiple causes of action brought by a former county employee. The trial court found, inter alia, the one-year statute of limitations of the Tennessee Governmental Tort Liability Act (“GTLA”) barred the plaintiff’s claim. Applying well-settled law, the court concluded the general saving statute does not apply to a claim non-suited and re-filed against a governmental entity under the GTLA. Although the trial court failed to address whether a different conclusion might apply to causes of action arising under the Tennessee Human Rights Act (“THRA”), we hold the saving statute does not “save” a claim non-suited and refiled against a State entity under the THRA. The trial court therefore properly concluded the plaintiff’s suit was time-barred. Because the trial court reviewed matters outside of the pleadings when deciding the defendant’s motion, we grant summary judgment in favor of the defendant.

State of Tennessee v. Quincy Mills
E2010-00519-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Rebecca J. Stern

The appellant, Quincy Mills, appeals the trial court’s revocation of the appellant’s probation for failure to comply with the terms of release. The appellant contends that the trial court violated his due process rights by failing to reduce its findings to writing and by admitting unreliable hearsay at the revocation hearing. Upon review, we affirm the judgment of the trial court.

State of Tennessee v. Broderick Joseph Smith
M2011-01173-CCA-RM-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge J. Randall Wyatt
On May 26, 2011, the Tennessee Supreme Court remanded this case for reconsideration in light of its opinion in State v. Garrett, 331 S.W.3d 392 (Tenn. 2011). In Garrett, our supreme court clarified the proper procedure to be used when a defendant requests a severance of offenses pursuant to Tennessee Rule of Criminal Procedure 14. Id. at 401-05. At issue upon remand in this case is whether the trial court erred in its denial of the Defendant’s motion to sever one count of aggravated robbery from the remainder of the indictment. Following our review, we affirm the judgments of the trial court

State of Tennessee v. Varion Johnson
E2010-01363-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Richard R. Vance

A Sevier County Circuit Court jury convicted the appellant, Varion Johnson, of facilitation of aggravated robbery. The trial court imposed a sentence of nine years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his conviction. Upon review, we reverse the judgment of the trial court.

State of Tennessee v. Myron Taylor
W2009-02423-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Chris Craft

Defendant, Myron Taylor, was charged with rape of a child. Following a jury trial, Defendant was convicted of the lesser included offense of aggravated sexual battery. He was sentenced to twelve years in the Department of Correction as a violent offender. On appeal, Defendant argues that the trial court erred by allowing the victim’s sister to testify about an incident that she witnessed where Defendant pulled a cover off of the victim while she was sleeping. After a thorough review of the record, we affirm the judgment of the trial court.

Lisa Marie Butler v. State of Tennessee
W2010-01232-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge John T. Fowlkes

The Petitioner, Lisa Marie Butler, appeals the Shelby County Criminal Court’s denial of post-conviction relief from her convictions for first degree felony murder and aggravated child abuse. On appeal, she contends that trial counsel rendered ineffective assistance by failing to exclude irrelevant evidence of the victim’s earlier injuries and that appellate counsel rendered ineffective assistance by failing to argue on appeal that the evidence should have been excluded. We affirm the judgment of the trial court.

State of Tennessee v. Nakia Bohanan
W2010-02669-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt Jr.
Trial Court Judge: Judge Chris Craft

A Shelby County Criminal Court jury convicted the defendant, Nakia Bohanan, of aggravated burglary, see T.C.A. § 39-14-403 (2006), and the trial court sentenced the defendant to serve 15 years’ incarceration as a Range III, persistent offender. On appeal, the defendant contends that the evidence is insufficient to support his conviction and that the trial court erred in its application of an enhancement factor to determine the length of his sentence. Discerning no infirmity in the evidence but that the trial court erred at sentencing, we affirm the defendant’s conviction and modify the sentence to 14 years’ incarceration.

State of Tennessee v. Rickie Sipes
W2010-02524-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge J. Weber McCraw

The defendant, Rickie Sipes, was convicted of first degree premeditated murder and sentenced to life imprisonment in the Department of Correction. On appeal, he argues that the trial court erred in denying his motion for judgment of acquittal and for a new trial because the evidence was insufficient to sustain his conviction. Following our review, we affirm the judgment of the trial court.

State of Tennessee v. James Michael Wise
M2010-01065-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Dee David Gay

The defendant, James Michael Wise, was convicted by a Sumner County jury of three counts of sexual battery by an authority figure, two counts of solicitation to commit rape, thirteen counts of rape, and thirteen counts of incest. Following a sentencing hearing, the trial court sentenced the defendant to an effective forty-eight-year sentence in the Department of Correction. On appeal, the defendant challenges the sentences imposed. Specifically, he contends that the trial court erred in failing to impose the minimum sentences within the range and in its application of consecutive sentencing. Following review of the record, we find no error and affirm the sentences as imposed

In The Matter of Keely A.J.
M2010-01703-COA-R3-JV
Authoring Judge: Judge Frank G. Clement, Jr.
Trial Court Judge: Judge John Thomas Gwin

The appellant contends that the trial court made several serious errors, by inter alia, dismissing her claim for child support arrearages, reducing the father’s child support obligation, and denying her numerous motions to alter the agreed order after its entry, etc. The problem with these allegations is that they are wholly unfounded because the appellant agreed to settle and/or voluntarily dismiss all of her claims following the third day of trial, prior to the end of the trial. As for her claim that the trial court erred in awarding $10,000 in attorney’s fees against her, we find this argument is also frivolous for she was discharged of this specific obligation in bankruptcy. Therefore, we affirm the trial court in all respects. Further, upon the finding this appeal is frivolous, we remand with instructions for the trial court to award the appellee his reasonable and necessary attorney’s fees and costs against the appellant.

Sandi D. Jackson v. Mitchell B. Lanphere
M2010-01401-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Tom E. Gray; Judge John Gwin, by Interchange

The petitioner for an order of protection appeals the trial court’s decision dismissing her petition. While we reject most of the assignments of error identified by the petitioner, we agree that the trial court erred in failing to make findings of fact and conclusions of law as now required by Tenn. R. Civ. P. 41.02. We therefore vacate the trial court’s order and remand.

Mike Settle v. Middle Tennessee Mental Health Institute, et al.
E2010-02469-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Russell E. Simmons, Jr.

The plaintiff, Mike Settle, citing 42 U.S.C. § 1983, filed a complaint on April 22, 2010, in which he sought injunctive relief in the form of a transfer from the Tennessee Department of Correction (“TDOC”) to the Middle Tennessee Mental Health Institute (“MTMHI”). The defendants, MTMHI and former Chief Executive Officer, Lynn McDonald, filed a motion to dismiss for failure to state a claim upon which relief can be granted. The trial court granted the defendants’ motion to dismiss. The plaintiff appeals, and we affirm the trial court’s order of dismissal.

Vicki L. Hutchings v. Jobe, Hastings & Associates
M2010-01583-COA-R3-CV
Authoring Judge: Presiding Judge Herschel Pickens Franks
Trial Court Judge: Chancellor Robert E. Corlew, III

Plaintiff and defendant entered into a contract of employment for a term of three years, wherein plaintiff would prepare tax returns for defendant tax firm. Defendant terminated plaintiff's employment before the three year term had expired and plaintiff appealed to this Court to reverse the Trial Court's finding of breach of contract and award her damages for the breach. We hold that the evidence does not preponderate against the Trial Court's finding that the employer had just cause to terminate plaintiff. We affirm the Judgment of the Trial Court.

John Ambler Widener v. Stephanie Elizabeth Widener
M2010-02435-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Carol Soloman

Defendant Mother appeals the trial court’s judgment naming Plaintiff Father primary residential parent, the award of child support, and assignment of debt. We affirm in part, vacate in part, reverse in part and remand.

Mary Elizabeth Schwartz Brock v. Jeffery Brock
E2009-01128-COA-R3-CV
Authoring Judge: Judge John W. McClarty
Trial Court Judge: Judge Lawrence H. Puckett

In this divorce case, the husband appeals the trial court’s award of spousal support and attorney’s fees to the wife. The husband claims his inability to pay outweighs the wife’s need for spousal support. After reviewing the record, we find the evidence does not preponderate against the trial court’s decision to award spousal support and attorney’s fees to the wife. Therefore, we affirm.

William H. Thomas, Jr., d/b/a Thomas Investments, A Tennessee Sole Proprietorship v. Shelby County, Tennessee, et al.
W2010-01472-COA-R3-CV
Authoring Judge: Judge David R. Farmer
Trial Court Judge: Judge Donna M. Fields

The trial court entered summary judgment in favor of Defendants, finding that Plaintiff’s action was filed beyond the limitations period. Plaintiff appeals. We affirm summary judgment on the basis of standing and ripeness.

State of Tennessee v. Marquis Devereaux Hall
M2010-00711-CCA-R3
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge John H. Gasaway

Appellant, Marquis Devereaux Hall, pled guilty to aggravated assault, reckless endangerment, possession of cocaine, simple possession and casual exchange of marijuana, and theft under $500. The trial court sentenced him to an effective sentence of ten years on community corrections. After his arrest for possession of a weapon,felon carrying a firearm, and theft, his supervisor filed a violation warrant. The trial court held a hearing and concluded that Appellant had violated the conditions of his community corrections sentence. The trial court imposed Appellant’s sentence of ten years. Appellant appeals the trial court’s revocation of his community corrections sentence. After a thorough review of the record, we conclude that the trial court did not abuse its discretion. Therefore, we affirm the trial court’s revocation of Appellant’s community corrections sentence.