Robert Merrimon v. Bridgestone/Firestone, Inc.
This workers’ compensation appeal has been referred to the Special Workers’ Compensation |
Rutherford | Workers Compensation Panel | |
Miranda Luna, et al. v. William H. Sherwood, M.D., et al.
The issue on appeal is whether the doctrine of forum non conveniens applies in a transitory, intrastate tort action. This is a medical malpractice action in which all of the alleged negligent acts and omissions occurred in Dekalb County. Plaintiffs, White County residents, filed suit in Davidson County, where two of the four defendants have their principal offices. The two Dekalb County defendants filed a Motion to Dismiss based upon improper venue, or in the alternative, forum non conveniens. The trial court found forum non conveniens inapplicable to this intrastate forum dispute and venue proper. We affirm. |
Davidson | Court of Appeals | |
Andrew Ewing v. State of Tennessee
The Petitioner, Andrew Ewing, appeals the trial court's denial of his petition for postconviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Because the petition for post-conviction relief is barred by the statute of limitations, we grant the State's motion and affirm the judgment of the lower court. |
Shelby | Court of Criminal Appeals | |
In Re. Adoption of K.M.K., d.o.b. 11/16/97, and K.L.K., d.o.b. 4/30/01 Jeffrey Lee Eneix, Keri Ann Eneix and Chantille Marie Kares v. Stephen John Kares and Sean Laura
This is an adoption and termination of parental rights case. The maternal grandparents of the two children at issue filed this petition requesting that the rights of the children’s father be terminated and that the grandparents be permitted to adopt the children. The mother of the children joined in the petition. The petitioners alleged that the father’s rights should be terminated based on his abandonment for failing to visit or support the children for a period of four months preceding his incarceration. After a hearing, the trial court found three grounds on which to terminate the father’s parental rights: abandonment, persistent conditions, and the length of the father’s prison term. The trial court also found that the children’s best interest would be served by terminating the father’s parental rights. The father now appeals, claiming that the trial court erred in terminating his rights based on abandonment. We affirm the trial court’s decision, because the father did not challenge the other two grounds on which his rights were terminated, and the termination of the his rights based on those grounds must stand. |
Henry | Court of Appeals | |
State of Tennessee v. Susan Wallace
The defendant, Susan Wallace, a special education teacher, was indicted by the Henderson County Grand Jury for fourteen counts of child abuse and fourteen counts of assault. She filed a motion to dismiss the indictment, arguing that the State had not complied with the School Discipline Act, Tennessee Code Annotated section 49-6-4101, et seq. The trial court denied the motion, finding that any procedural defects were cured by the return of the grand jury indictment, and this Rule 9 interlocutory appeal followed. Following our review, we affirm the order of the trial court denying the motion to dismiss the indictment. |
Henderson | Court of Criminal Appeals | |
Jeremy Catron v. State of Tennessee
The Petitioner, Jeremy Catron, appeals the trial court's denial of his petition for postconviction DNA testing. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Because Petitioner has failed to satisfy the qualifying criteria under the Post-Conviction DNA Analysis Act, we grant the State's motion and affirm the judgment of the lower court. |
Shelby | Court of Criminal Appeals | |
Lorine Goodwin Hindman v. Allen Moore and wife, Jackie Moore
Decedent executed a Power of Attorney document granting her son broad general powers to act on her behalf. The son executed a Trust Deed and Modification Agreement on Decedent’s property. Decedent and later her Estate asked the Chancery Court to void these documents. The Court refused. On appeal, we affirm. |
Bradley | Court of Appeals | |
State of Tennessee v. Delawrence Williams
We granted this interlocutory appeal to review (1) whether the information used to obtain a search warrant to search the defendant’s residence was provided by a “citizen informant” and thus presumptively reliable; and (2) whether the information, if not provided by a “citizen informant,” nonetheless established probable cause under State v. Jacumin, 778 S.W.2d 430 (Tenn. 1989). The trial court denied the defendant’s motion to suppress after finding that the information had not been provided by a citizen informant but that it nonetheless established probable cause under Jacumin. The Court of Criminal Appeals concluded that the information was presumptively reliable because it had been given by a citizen informant and upheld the denial of the motion to suppress without applying Jacumin. After reviewing the record and applicable authority, we hold (1) that the trial court and the Court of Criminal Appeals properly granted the interlocutory appeal pursuant to Rule 9 of the Tennessee Rules ofAppellate Procedure and (2) that although the information used to obtain the search warrant for the defendant’s residence was not provided by a “citizen informant,” it established probable cause under Jacumin. The judgment is, therefore, affirmed for the reasons herein. |
Dyer | Supreme Court | |
State of Tennessee v. Tino Vernell Rodgers (A Minor)
In this case we are asked to review a juvenile’s confinement following a juvenile court’s finding that the juvenile violated the terms of his probation. The juvenile court found the juvenile to be delinquent after the juvenile entered a guilty plea to an assault charge, and the court placed the juvenile on probation. Thereafter, the juvenile was charged with other offenses, and the juvenile court entered a verbal directive placing the child on house arrest. When the juvenile violated this directive, the juvenile court entered an order finding that the juvenile violated the terms of his probation and committed him to the custody of the Tennessee Department of Children’s Services. After being confined, the juvenile filed a post-commitment petition pursuant to the Juvenile Post-Commitment Procedures Act in the circuit court. The circuit court upheld the juvenile court’s ruling. The juvenile appealed the circuit court’s decision to this Court. During the pendency of this appeal, the juvenile was released from custody. Accordingly, we hold that the present appeal is not justiciable under the doctrine of mootness, therefore, we dismiss the present appeal. |
Gibson | Court of Appeals | |
Deborah Coleman v. Kellogg USA, Inc.
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting to the Tennessee Supreme Court of findings of fact and conclusions of law. The trial court granted summary judgment based upon notice, the statute of limitations, and the hernia statute. We find summary judgment in this case was inappropriate, reverse the judgment of the trial court, and remand the case for further proceedings consistent with this opinion. |
Shelby | Workers Compensation Panel | |
Harding Academy v. Metropolitan Government of Nashville and Davidson County, et al.
The Zoning Administrator of the Metropolitan Codes Department of Nashville and Davidson County issued a permit to an elementary school to create a park on property adjacent to the school campus. The local neighborhood association appealed the issuance of the permit to the Metropolitan Board of Zoning Appeals. The Board revoked the permit on the basis that (1) the property would not remain in its natural state; (2) the school intended to use the property as athletic fields for the physical education of their students; (3) instructional activity is not allowed in a park; and (4) the requested use of the property would more likely be classified as a recreation center. The elementary school filed a common law writ of certiorari in Davidson County Chancery Court appealing the revocation. The chancery court reversed the decision of the Board and reinstated the permit finding that the Board acted arbitrarily, capriciously, illegally, beyond its authority, and without supporting evidence in the record. We affirm the decision of the chancery court in all respects. |
Davidson | Court of Appeals | |
State of Tennessee v. Brian Lee Cable
The defendant, Brian Lee Cable, was convicted by a Blount County jury of two counts of aggravated burglary, a Class C felony; two counts of theft over $10,000, a Class C felony; two counts of burglary, a Class D felony; and four counts of theft over $1000, a Class D felony. The trial court sentenced him as a Range I, standard offender to three years for each of the Class C felonies and two years for each of the Class D felonies, imposed fines totaling $22,000, and ordered restitution totaling almost $18,000. Finding the defendant to be an offender whose record of criminal activity is extensive, the trial court ordered that all his sentences be served consecutively, for an effective sentence of twenty-four years in the Department of Correction. On appeal, the defendant challenges the aggregate length and manner of service of his sentences, arguing that the trial court erred in denying his request for alternative sentencing, in ordering consecutive sentences, and in imposing excessive fines without regard to his ability to pay. Finding no error, we affirm the judgments of the trial court but remand for entry of corrected judgments in Count 8 to reflect that the sentence is to be run consecutively to the sentence in Count 7, instead of Count 6, and in Count 2 to reflect that no fine was imposed for that count. |
Blount | Court of Criminal Appeals | |
Chivous Robinson v. State of Tennessee
The Appellant, Chivous Robinson, appeals the judgment of the Knox County Criminal Court denying post-conviction relief. Robinson was convicted of second degree murder and solicitation to commit first degree murder and subsequently sentenced to an effective thirty-four year sentence. On appeal, Robinson argues that he was denied his Sixth Amendment right to the effective assistance of counsel, specifically arguing that counsel was ineffective by: (1) not raising the issue of newly discovered evidence on direct appeal; and (2) not seeking jury instructions on the lesser included offenses of reckless homicide and criminally negligent homicide and not appealing the failure of the trial court to instruct on these lesser offenses. After review, the judgment of the post-conviction court is affirmed. |
Knox | Court of Criminal Appeals | |
Jennie Jones v. Professional Motorcycle Escort Service, LLC, et al
We accepted Defendant’s interlocutory appeal in this personal injury action to determine whether, under Tennessee Code Annotated section 20-1-119, a plaintiff is required to obtain the permission of the trial court to file an amended complaint naming an additional defendant after an original defendant alleges possible fault by that nonparty. We conclude that permission to file is necessary under Tennessee Rule of Civil Procedure 15.01. We also conclude that, under the facts of this case, Plaintiff has substantially complied with the applicable rules. Accordingly, we affirm the trial court's denial of Defendant's motion to dismiss and remand the case to the trial court for further proceedings consistent with this opinion. |
Shelby | Supreme Court | |
State of Tennessee v. Robert A. Wiley, aka Jabo
The Defendant, Robert A. Wiley, aka Jabo, was convicted by a McNairy County jury of identity theft, violation of a Motor Vehicle Habitual Offender (MVHO) order, and driving while license cancelled, suspended, or revoked. For these convictions, the Defendant received an effective three-year sentence as a Range I, standard offender. In this appeal as of right, the Defendant argues that: (1) the trial court made several errors in instructing the jury, (2) the evidence was insufficient to support his conviction for identity theft, and (3) the trial court committed sentencing errors. Finding plain error, double jeopardy principles require us to vacate the Defendant’s conviction for driving while license cancelled, suspended, or revoked. The remaining judgments of the trial court are affirmed in all respects. |
McNairy | Court of Criminal Appeals | |
Christopher Hodge v. State of Tennessee
The petitioner, Christopher Hodge, appeals the dismissal 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 dismissal of the petition. |
Lauderdale | Court of Criminal Appeals | |
Horace Ray Runions v. Mary Runions
In this divorce case, Appellant/Husband appeals from the trial court’s classification of certain real property as marital property. The property at issue was Husband’s separate property prior to the marriage. The property was sold to a third party during the marriage, and a deed of trust secured the balance of the purchase price. The third party defaulted in the installment payments, and Husband purchased the property at the foreclosure sale and received a trustee’s deed in his name only. Husband asserts that the property is separate property under either T.C.A. §36-4-121(b)(2)(A) or T.C.A. §36-4-121(b)(2)(B). The trial court concluded that the property was marital property under T.C.A. §36-4-121(b)(1)(A). We affirm. |
Henry | Court of Appeals | |
Daniel R. Beaird, et al. v. Willie Rogers, et al.
Plaintiffs/Appellees obtained a judgment on a detainer warrant in the General Sessions Court at Lauderdale County requiring the Defendants/Appellants to relinquish possession of the residence at 465 Maple Hill Circle in Ripley, Tennessee. The Defendants/Appellants filed a de novo appeal as of right in the Circuit Court at Lauderdale County. The circuit court affirmed the judgment of the sessions court. Appellants appeal. We affirm. |
Lauderdale | Court of Appeals | |
Roy L. Tidwell and Richard Coggins, et al. v. City of Memphis
This case involves an appeal filed by thirteen firefighters and one police officer currently or previously employed by the City of Memphis. Each of the employees was diagnosed with an illness or condition claimed to be work-related. After the City of Memphis denied the employees’ claims for benefits stemming from their work-related conditions, the employees appealed to the Chancery Court of Shelby County. The chancery court consolidated the cases, reversed the City’s denial of benefits, and awarded benefits to each of the employees. The chancery court’s decision was based upon its determination that the cases should have proceeded under the Uniform Administrative Procedures Act “UAPA” rather than an alternative process adopted by the City to handle such claims. The Court of Appeals reversed, finding that the City was not required to comply with the UAPA in resolving claims for work-related benefits. After careful consideration of the record and applicable law, we conclude that the chancery court correctly determined that the employees’ cases were subject to the contested case procedures set forth in the UAPA. Accordingly, the judgment of the Court of Appeals is reversed. We also reverse the trial court’s judgment to the extent that it awards benefits to the employees. The case is remanded to the trial court for further proceedings pursuant to this opinion. |
Shelby | Supreme Court | |
State of Tennessee v. Rita Kay Vines
The defendant, Rita Kay Vines, pled guilty to accessory after the fact, aggravated burglary, theft over $500, theft under $500, vandalism under $500, and three counts of forgery in exchange for a total effective sentence of eight years as a Range I, standard offender, with the manner of service to be determined by the trial court. On appeal, she argues that the trial court erred in denying alternative sentencing. Based upon our review, we affirm the judgment of the trial court. |
Washington | Court of Criminal Appeals | |
Bronson Wayne Coker v. State of Tennessee
The petitioner, Bronson Wayne Coker, appeals the dismissal of his petition for post-conviction relief, arguing that his trial counsel provided ineffective assistance for failing to adequately investigate the case or explain the ramifications of the plea agreement and that his guilty pleas were consequently unknowing and involuntary. Following our review, we affirm the dismissal of the petition for post-conviction relief. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Brandon Goods
The Appellant, Brandon Goods, was convicted by a Shelby County jury of first degree premeditated murder and especially aggravated robbery, resulting in concurrent sentences of life imprisonment and twenty years. On appeal, Goods raises the following issues for our review: (1) whether the trial court abused its discretion by admitting into evidence certain photographs of the deceased; and (2) whether the trial court’s response to a jury question during deliberations constituted reversible error. After a review of the record, the judgment of the Shelby County Criminal Court is affirmed. |
Shelby | Court of Criminal Appeals | |
Denise Kissick v. Edward Kallaher
The juvenile court dismissed Mother’s dependency and neglect petition. Mother appealed to circuit court, which dismissed her appeal without a hearing or presentation of evidence. Mother appeals. We vacate the order of dismissal and remand. |
Shelby | Court of Appeals | |
Donna Marie Tait v. William Frank Tait
Donna Marie Tait (“Wife”) filed for divorce from William Frank Tait (“Husband”) citing grounds of inappropriate marital conduct. The parties entered into a Permanent Parenting Plan and a Property Settlement Agreement, but reserved the issue of alimony for trial. After hearing the evidence, the trial court found that Wife was not in need of additional alimony support from Husband, despite Husband’s ability to pay. Wife appeals. We affirm. |
Shelby | Court of Appeals | |
Alex D. Wells v. State of Tennessee
The petitioner, Alex D. Wells, appeals from the post-conviction court’s denial of his petition for post-conviction relief. On appeal, he argues that the post-conviction court erred in finding that his guilty plea was voluntarily entered and that he received the effective assistance of counsel. Following our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Fayette | Court of Criminal Appeals |