Wade James Odum v. State of Tennessee
The Defendant, Wade James Odum, appeals from the trial court's dismissal of his petition for error coram nobis 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. We grant the State's motion and affirm the judgment of the trial court. |
Lincoln | Court of Criminal Appeals | |
William G. Norvell v. Menlo Logistics, Inc.
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Tipton | Workers Compensation Panel | |
Sodexho Management, Inc., v. Ruth E. Johnson
This dispute arises from the assessment of the “contractor’s use tax” against Sodexho Management, Inc. for its use of personal property owned and utilities provided by David Lipscomb University. Sodexho used the university’s property to provide food service for the tax-exempt university. The Commissioner assessed a use tax on the value of the personal property and utilities provided by the university because the university, as an exempt organization, had not previously paid sales tax. The pivotal issue is whether Sodexho operated the food service as an agent of the tax exempt university or as an independent contractor. The Chancellor held that Sodexho was an agent of the its burden of proof to establish that it was an agent of the university and thus is liable for the use tax. Tenn. R. App. P.3 Appeal as of Right; Judgment of the Chancery Court Reversed and Remanded |
Davidson | Court of Appeals | |
Allstate Insurance Company, v. Wesley Scott Grimes, et al.
This declaratory judgment action was filed by Allstate Insurance Company which seeks a ruling that its named insureds under a homeowners' insurance policy had no coverage and that Allstate had no duty to defend an action brought by a third party seeking damages resulting from the intentional and criminal acts of their son who resided in their home. The insureds' adult son shot his girlfriend at the home of his parents. She filed a tort action against the son and his parents alleging inter alia that the parents failed to render aid after the shooting. The policy excludes intentional and criminal acts by an insured. The son was an insured because he resided in the home with his parents. The policy also contains a "joint obligations clause" that excludes coverage for injury which may reasonably be expected to result from the intentional or criminal acts of any insured. Upon summary judgment the trial court held that the parents were not covered and that Allstate had no duty to defend the parents in the underlying tort action. We reverse finding the claim that the parents failed to render aid after the shooting constitutes a claim of separate and independent acts of negligence by the parents to which the exclusion and joint obligations clauses do not apply. |
Dickson | Court of Appeals | |
Richard H. Devaughn v. Fayette Mullins, et al.
The trial court determined that the boundary line separating the parties’ properties was established by an old fence line. We affirm. |
Weakley | Court of Appeals | |
William G. Norvell v. Menlo Logistics, Inc.
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employee insists the trial court erred in finding that his back injury was not causally related to an accidental injury occurring at work on October 4, 1999. As discussed below, the panel has concluded the judgment should be reversed and the cause remanded for an award of benefits. |
Tipton | Supreme Court | |
State of Tennessee, Department of Children's Services, v. Jennifer Simpson Blackwell, in the matter of: J.S. Jr. (DOB 6/21/1996)
This case involves the termination of Mother’s parental rights. The trial court found clear and convincing evidence to terminate Mother’s parental rights on the grounds of (1) persistent conditions and (2) substantial noncompliance with the permanency plan. Additionally, the trial court determined that termination of Mother’s parental rights was in Child’s best interest. Mother appeals the decision of the trial court. For the following reasons, we affirm. |
Henry | Court of Appeals | |
State of Tennessee v. Isiah Wilson
Isiah Wilson, a juvenile defendant, after transfer to Circuit Court, entered a guilty plea to aggravated rape and especially aggravated kidnapping and received agreed upon concurrent sentences of fifteen years. The defendant properly reserved a certified question of law challenging the appropriateness of the transfer ruling from juvenile court to circuit court. We conclude that the juvenile court judge adhered to the mandated statutory considerations, affirm the transfer, and, thus, also affirm the judgments of conviction. |
Haywood | Court of Criminal Appeals | |
Corey Kennerly v. State of Tennessee
The Appellant, Corey Kennerly, is currently serving concurrent sentences of life imprisonment and twenty years, as a result of his guilty pleas to first degree murder and aggravated robbery. Kennerly has filed a petition pursuant to the Post-Conviction DNA Analysis Act of 2001 requesting DNA analysis of evidence that resulted in his convictions. The trial court granted Kennerly's petition and ordered that DNA analysis be performed at state expense. After Kennerly was advised by the forensic laboratory that the DNA analysis was unfavorable, he moved to voluntarily dismiss his petition without prejudice. The trial court ruled that voluntary dismissal of the petition was not authorized by the Act and dismissed the petition upon its merits. Kennerly appeals this ruling. After review, we find no error and affirm. |
Franklin | Court of Criminal Appeals | |
Betty L. Hampton v. Wal-Mart Stores, Inc.
This is a premises liability case wherein the plaintiff alleges that she was injured when she slipped and fell on spilled baby food while shopping at the defendant's store. After trial of the case before a jury, the trial court granted the defendant's motion for a directed verdict and dismissed the case upon grounds that the plaintiff failed to present proof that the defendant had notice of an unreasonably dangerous condition. We affirm the judgment of the trial court and remand. |
Loudon | Court of Appeals | |
Anthony Sircy and Anethesiologists Professional Assurance Company v. Jerry Wilson
Workers compensation carrier, intervening Plaintiff in a suit to recover for personal injuries sustained by employee of its insured, appeals the Trial Court’s action in awarding one-third of the proceeds of settlement of damage suit to counsel for the injured employee as attorney fees. Finding no error in the action of the trial court, we affirm. |
Wilson | Court of Appeals | |
Greg Davidson, et al., v. Bank of Friendship, Inc. and Theoda Dunn v. Bank of Friendship, Inc.
The trial court awarded judgment to Plaintiffs upon determining that the Bank of Friendship could not foreclose on Plaintiffs’ properties because the Bank had failed to apply proceeds from a sale under a deed of trust to a senior deed of trust. We reverse and remand for further proceedings. |
Henderson | Court of Appeals | |
John Wesley Green v. Edna L. Green, et al.
Judgment debtor filed motion seeking to enjoin execution sale at which stock owned by debtor in judgment creditor corporation was scheduled to be sold; alternatively, debtor sought to quash the execution, alleging that the stock was exempt property. At execution sale, debtor’s stock was purchased by judgment creditor. Debtor subsequently sought to have execution sale set aside, alleging that there were defects in the manner in which the sale was conducted and asserting that the trial court should have held a hearing on his motion to quash the execution prior to the sale. Following a hearing the trial court denied relief holding that debtor had not pursued his request for injunctive relief and that the motion to quash was moot. Debtor appealed. While this case was pending on appeal, the Tennessee Supreme Court reversed the summary judgment against debtor, which led to the monetary judgment the execution sale was held to enforce and remanded for a trial on the merits. Having determined that the resolution of the issues raised in this appeal is subject to factual determinations which are within the scope of the remand, we vacate the decision of the trial court and remand this case for consideration in light of the issues to be determined. |
Davidson | Court of Appeals | |
Joseph D. Gaines v. Kevin Myers, Warden
The Appellant, Joseph D. Gaines, appeals the Wayne County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. On appeal, Gaines argues that: (1) his two convictions for rape of a child are void because the indictment returned against him was not signed by the district attorney general and the plea agreement was not signed bythe trial judge; and (2) his concurrent eighteen-year sentences are illegal because they are outside the statutory sentencing range. Finding these issues to be without merit, we affirm the summary dismissal of the petition. |
Wayne | Court of Criminal Appeals | |
Jacqueline Hurt v. State of Tennessee
The petitioner, Jacqueline Hurt, appeals the denial of her petition for post-conviction relief in which she asserted that her plea was not knowing and voluntary and that she was denied effective assistance of counsel. Following our review, we affirm the denial of the petition; however, we remand the matter for the limited purpose of entry of a corrected judgment. |
Shelby | Court of Criminal Appeals | |
Marsha Ricketts v. Sara M. Robinson, et al.
This is an appeal from a jury verdict finding that all parties involved were without fault in an automobile accident. We affirm. |
Weakley | Court of Appeals | |
Roger Neal James v. State of Tennessee
The petitioner, Roger Neal James, appeals the denial of post-conviction relief. The issues are whether the petitioner was denied the effective assistance of counsel and whether the jury was racially biased. The judgment is affirmed. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Clinton Ketron
The Defendant, Clinton Wade Ketron, pled guilty to one count of operating a motor vehicle while adjudged to be a Habitual Motor Vehicle Offender (HMVO), a Class E felony, and one count of criminal impersonation, a Class B misdemeanor. Pursuant to a plea agreement the Defendant was sentenced to concurrent terms of one year for his felony HMVO conviction and six months for his misdemeanor criminal impersonation conviction. The trial court denied alternative sentencing and ordered the Defendant to serve his sentences in confinement. The Defendant raises only one issue on appeal: The trial court erred in sentencing the Defendant to serve his one year felony sentence with the Tennessee Department of Corrections and in sentencing him to six months in the county jail for his misdemeanor conviction instead of placing him on enhanced probation or imposing some other form of alternative sentence. We affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
In the matter of: D.C. and S.C., State of Tennessee Department of Children's Services v. Karen Carey, et al.
This is a termination of parental rights case. Mother appeals from the order of the Juvenile Court of Benton County, terminating her parental rights on the grounds of persistence of conditions. Specifically, Mother asserts that the trial court erred in admitting evidence of an event that occurred after the Petition to Terminate had been filed, that the termination of her parental rights is not supported by clear and convincing evidence in the record, and that termination is not in the best interest of the children. We reverse and remand. |
Benton | Court of Appeals | |
Clinton Books, Inc. v. City of Memphis
At issue in this appeal is the legislature’s authority, under the Tennessee Constitution, to impose mandatory closing times on adult-oriented businesses in order to combat the secondary effects associated with those establishments. Appellants, Clinton Books, Inc. (“Clinton Books”) and Fantasy Warehouse, Inc. (“Fantasy Warehouse”), challenge the constitutionality of T.C.A. § 7-51- 1402 through 7-51-1406 (“the Act”), arguing that the Act violates several rights guaranteed by the Tennessee Constitution, among them the rights of religious and expressive freedom, due process, and equal protection of the law. Appellants further contend that the trial court erred in ruling on the merits of their claims during the hearing on a motion for temporary injunction. We affirm in part, reverse in part, and remand for further proceedings. |
Shelby | Court of Appeals | |
Bill Gibson, et al., v. Jimmy L. Gibson
Appellants sought the rescission of a quitclaim deed from a mother to her son upon the grounds of undue influence, fraud, and lack of independent advice. The trial court found that the quitclaim was not invalid on any of these grounds. We affirm. |
Tipton | Court of Appeals | |
Stephanie Dubois v. Radwan Haykal, M.D., et al.
This appeal arises out of a grant of summary judgment in favor of Appellees in a medical malpractice action. The trial court held a preliminary hearing, without a jury, to determine if Appellant could establish the essential elements of such an action, particularly the element of causation. After Appellant presented her experts’ testimony regarding causation for Appellant’s medical malpractice action, the trial court granted Appellees’ motions for summary judgment. Appellant filed an appeal to this Court, and, for the following reasons, we reverse and remand for further proceedings consistent with this opinion. |
Shelby | Court of Appeals | |
94th Aero Squadron of Memphis, Inc. v. Memphis-Shelby County Airport Authority v. Specialy restaurant Corporation
This appeal involves the termination of a commercial real estate lease agreement. Among a multitude of other claims, Plaintiff, Lessee, contends that Defendant, Lessor, breached the lease by failing to provide lessee with notice of default, sufficient to satisfy the terms of the lease. Additionally, Lessee argues that Lessor violated section 29-18-101, et seq. of the Tennessee Code Annotated (Forcible Entry and Detainer) by re-entering the leased premises without first obtaining a writ of possession. Lessee appeals from the trial court’s final judgment in favor of Lessor. We affirm as modified. |
Shelby | Court of Appeals | |
Arzolia Charles Goines v. Glen Turner, Warden
The petitioner, Arzolia Charles Goines, appeals the dismissal of his petition for writ of habeas corpus, in which he contends that: (1) the judge's handwritten signature was not subscribed on the judgments; (2) the judge ordered the present sentence to run concurrently with a previous unserved sentence in contravention of Tennessee Rule of Criminal Procedure 32(c); (3) in sentencing the petitioner, the court failed to consider a presentence report; and (4) the trial court erred in summarily dismissing his petition without appointment of counsel. After careful review, we affirm the dismissal of the petition. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Tory Nelson Nocho
The defendant, Tory Nelson Nocho, appeals his sentence of life without possibility of parole. The defendant contends that the failure to set forth aggravating circumstances within the indictment is a constitutional infirmity. The defendant secondly asserts error in that the State had not filed statutory notice of intent to seek life without possibility of parole as to one victim prior to the entry of the guilty plea. We affirm the sentence as imposed, but we remand the case for entry of corrected judgments. |
Hamilton | Court of Criminal Appeals |