Benjamin G. Palmer v. Jennifer J. Palmer
In this case arising from a divorce, the father of the parties’ minor child petitioned to modify the existing parenting plan which he and the mother had agreed to in mediation approximately eight months earlier. Finding that the petition’s allegations were unsubstantiated and that the father had failed to prove by a preponderance of the evidence that there had been a material change of circumstances that affected the child’s best interest, the trial court dismissed the father’s petition. The trial court awarded the mother attorney fees. Discerning no error, we affirm the trial court’s judgment. |
Montgomery | Court of Appeals | |
Jamie Crowell v. State of Tennessee
The Petitioner, Jamey Crowell, appeals the post-conviction court’s denial of his petition for post-conviction relief from his 2017 Chester County convictions for aggravated kidnapping, facilitation of aggravated assault, and three drug-related convictions, arguing that he was denied the effective assistance of counsel. Following our review, we affirm the judgment of the post-conviction court. |
Chester | Court of Criminal Appeals | |
Kelsey Light v. Pattman, LLC d/b/a Wendy's Restaurant
This appeal arises from the trial court’s denial of a motion to compel arbitration filed by the Defendant. In its order denying the motion to compel, the trial court failed to make any factual findings. Further, there is no indication that any proof was considered by the trial court. We vacate the trial court’s order and remand for further proceedings. |
Henry | Court of Appeals | |
Metro Codes Department v. Farokh Fani
In a direct appeal from the Environmental Court for Davidson County, Tennessee (“general sessions court”), the Davidson County Circuit Court (“trial court”) granted the plaintiff agency’s motion to dismiss for lack of subject matter jurisdiction upon the trial court’s determination that the defendant, Farokh Fani, had untimely filed his motion for Tennessee Rule of Civil Procedure 60 relief in the general sessions court, rendering his appeal to the trial court untimely. Mr. Fani has appealed. We conclude that the trial court erred by determining that Mr. Fani’s Rule 60 motion and his appeal were untimely. Having further determined that a factual dispute exists concerning whether the plaintiff agency properly served process on Mr. Fani, we vacate and remand for further proceedings consistent with this opinion, including the development of a record concerning service of process. |
Davidson | Court of Appeals | |
STATE OF TENNESSEE v. DONALD HOLLON RUNIONS
The Defendant, Donald Hollon Runions, was convicted of two counts of violation of the Child Protection Act, Class A felonies; four counts of rape of a child, Class A felonies; and two counts of aggravated sexual battery, Class B felonies, and he was sentenced to an effective term of fifty years in the Department of Correction. On appeal, the Defendant argues that: (1) the evidence is insufficient to sustain his convictions; (2) the Child Protection Act, Tennessee Code Annotated section 39-13-518,is unconstitutional; and (3) case law applied in his case to allow certain credibility evidence should be overturned. After review, we affirm the judgments of the trial court. |
Lewis | Court of Criminal Appeals | |
Michael E. Stewart v. State of Tennessee
The Petitioner, Michael E. Stewart, filed a petition for a writ of error coram nobis in the Polk County Criminal Court, claiming that newly discovered evidence revealed the investigating officer in his case participated in the bystander jury selection process used at his trial and that the statute of limitations should be tolled. After an evidentiary hearing, the coram nobis court denied the petition. On appeal, the Petitioner contends that our supreme court’s rules prevented him from receiving a fair coram nobis hearing by depriving him of an investigator; that the coram nobis court erred by inquiring into the Petitioner’s relationship with his “main” witness at the hearing; and that the coram nobis court should have granted his petition. Based upon our review of the record and the parties’ briefs, we find no reversible error and affirm the judgment of the coram nobis court. |
Polk | Court of Criminal Appeals | |
State of Tennessee v. Nicholas Brooks
A Shelby County jury convicted the Defendant, Nicholas Brooks, of first degree felony murder in perpetration of a robbery, first degree felony murder in perpetration of a burglary, especially aggravated robbery, aggravated burglary, and employing a firearm during the commission of a dangerous felony. The trial court sentenced him to an effective sentence of life plus twelve years. On appeal, the Defendant contends that: (1) the trial court erred when it admitted the Defendant’s mother’s statement into evidence; (2) the trial court improperly instructed the jury; and (3) the evidence at trial was insufficient to support his convictions. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments. |
Shelby | Court of Criminal Appeals | |
JACK LOUIS JANES v. STATE OF TENNESSEE
Petitioner, Jack Louis Janes, appeals from the trial court’s summary dismissal of his motion to withdraw his guilty plea or, in the alternative, petition for writ of habeas corpus relief. Having reviewed the record and the briefs of the parties, we affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
Julie (Carden) Sexton v. Jason Vincent Carden
This appeal concerns the trial court’s award of attorney fees. The ex-husband appeals. Upon a thorough review of the record, we discern no error and affirm the judgment of the trial court. |
Hamilton | Court of Appeals | |
State of Tennessee v. Arlene T. Pugh aka Arlene McFadden
A Madison County jury convicted the Defendant, Arlene T. Pugh aka Arlene McFadden, of disorderly conduct, assault, and resisting arrest, and the trial court imposed an elevenmonth, twenty-nine day probation sentence, with a seven-day jail sentence. On appeal, the Defendant asserts that the evidence is insufficient to support her convictions because of conflicting testimony of the witnesses. Because credibility determinations regarding witness testimony are within the province of the jury, we affirm the trial court’s judgments. |
Madison | Court of Criminal Appeals | |
Louise Helen Pack Dover v. Norris Lee Dover
Following a bench trial, the Chancery Court for Knox County (“trial court”) granted the divorce of Louise Helen Pack Dover (“Wife”) from Norris L. Dover (“Husband”) on the basis of inappropriate marital conduct. The trial court classified several real properties, largely purchased by Husband before the marriage, as Husband’s separate assets and concluded that no transmutation occurred during the marriage. The trial court also classified Husband’s 401(k), which was established before the marriage, as a marital asset and ordered the parties to divide it equally. The trial court then awarded Wife alimony in solido in the amount of $5,000.00 per month for thirty-six months. We conclude that the trial court erred in the classification of the real properties at issue as well as its classification of Husband’s 401(k). Because the division of marital property will change substantially as a result of this opinion, we vacate the trial court’s division of the parties’ marital estate and the alimony award. We therefore reverse in part, affirm in part, vacate in part, and remand for further proceedings. |
Knox | Court of Appeals | |
In Re Chantz B. Et Al.
The trial court entered an order permitting the use of sealed court records from a dependency and neglect matter in a subsequent federal civil rights lawsuit challenging the dependency and neglect proceedings. The respondent mother, who is also the plaintiff in the related federal action, has appealed. Inasmuch as the collateral federal lawsuit has now been dismissed, we determine that this appeal is moot and nonjusticiable. We therefore dismiss the mother’s appeal. |
DeKalb | Court of Appeals | |
Dedrick Wiggins v. State of Tennessee
The Petitioner, Dedrick Wiggins, appeals the dismissal of his petition for post-conviction relief in which he challenged his convictions for two counts of second degree murder and three counts of being a convicted felon in possession of a firearm. On appeal, the Petitioner challenges the post-conviction court’s dismissal of the petition as filed outside the one-year statute of limitations. We affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Ercil K. Gates-Rayford v. Hilton Hall, et al
The Appellant, Ercil K. Gates-Rayford, appeals the trial court’s summary denial of his petition for writ of habeas corpus. The State has filed a motion asking this Court to affirm the judgment of the trial court pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Robert Doll
A Williamson County jury convicted the Defendant, Robert A. Doll, III, of two counts of suborning aggravated perjury and one count of criminal simulation, and the trial court sentenced him to two years of probation. The Defendant filed a motion for new trial, alleging that the indictment against him was untimely. The trial court denied the Defendant’s motion, and the Defendant now appeals. On appeal, he contends that the trial court erred when it failed to dismiss the indictment as time-barred. After review, we affirm the circuit court’s judgment. |
Williamson | Court of Criminal Appeals | |
Susan Durham v. Estate of Gus Losleben, et al.
A Hardin County firefighter and Appellant’s husband died after their vehicles collided. Appellant alleged that the firefighter had negligently caused the accident, and thus filed tort claims against Hardin County under a theory of vicarious liability and Tennessee’s Governmental Tort Liability Act. She filed her claims more than one year after the accident, so the trial court dismissed them as barred by the applicable one-year statute of limitations. She appeals, and we affirm. |
Hardin | Court of Appeals | |
Elise Hudson, Et Al. v Metropolitan Government of Nashville And Davidson County, Et Al.
After a planning commission approved a subdivision request, neighboring property owners filed a petition for common law writ of certiorari. The trial court granted the writ and, upon review, vacated the decision and remanded the case for further consideration. Both the planning commission and the owner of the proposed development appealed. Based on our review, we conclude that the planning commission acted illegally when it misapplied the applicable legal standards. So we affirm. |
Davidson | Court of Appeals | |
State of Tennessee v. Dawn Michlitsch
The defendant, Dawn Michlitsch, pled guilty to two counts of possession of .5 grams or more of methamphetamine with intent to sell or deliver and one count of possession of drug paraphernalia for which she received an effective sentence of twelve years in the Tennessee Department of Correction. On appeal, the defendant contends the trial court erred in enhancing her sentence and in denying any form of alternative sentencing. Upon our review of the record and the applicable law, we affirm the judgments of the trial court. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Elijah Williams
A Carroll County jury convicted the Defendant, Elijah Paul Williams, of intentionally or knowingly failing to pay child support, and the trial court sentenced him to six months, ninety days of which the Defendant was to serve in confinement. On appeal, the Defendant contends that the trial court lacked subject matter jurisdiction and that he was denied due process of law. After review, we affirm the trial court’s judgment. |
Carroll | Court of Criminal Appeals | |
American Board of Craniofacial Pain v. American Board Of Orofacial Pain
Two corporations entered into merger discussions. Later, one corporation sued the other claiming that an agreement to merge had been reached through the exchange of emails. The plaintiff corporation requested specific performance of the alleged merger agreement and damages. On cross-motions for summary judgment, the court concluded on the undisputed facts that there was no meeting of the minds and, thus, no agreement to merge. We affirm. |
Davidson | Court of Appeals | |
Jace Pennington v. Kawani J. White
This appeal arises from a judgment finding the defendant violated a protective order and a subsequent judgment extending the protective order for one year. Specifically, the defendant seeks to set aside these judgments based on inadequate notice. Although the defendant appeared in court for a related hearing and admits that all notices were sent to her at the proper address, she contends on appeal that, because she was a frequent traveler, she was unaware of the two hearings at issue in this appeal until after they occurred. We have determined the defendant waived the notice issue by failing to bring it to the attention of the trial court and by failing to comply with Rule 27 of the Tennessee Rules of Appellate Procedure and Rule 6 of the Rules of the Court of Appeals. Accordingly, we affirm the judgment of the trial court. Additionally, we have determined the appeal was frivolous; therefore, the plaintiff is entitled to recover the reasonable and necessary expenses and attorney’s fees incurred in this appeal in accordance with Tenn. Code Ann. |
Knox | Court of Appeals | |
State of Tennessee v. Jordana Jenyane Wright
The Defendant, Jordana Jenyane Wright, pled guilty to Class E felony theft of property with an agreed-upon sentence of one year and six months of probation. Following a hearing, the trial court denied the Defendant’s request for diversion. The Defendant appeals, arguing that the trial court, in its decision to deny diversion, failed to properly account for the Defendant’s lack of a criminal record and improperly weighed irrelevant facts, such as the Defendant’s failure to implicate any potential co-defendants and the criminal history of the Defendant’s fiancé. After our review, we affirm the judgment of the trial court. |
Anderson | Court of Criminal Appeals | |
In Re Brayden E. Et Al.
The father of two children appeals the termination of his parental rights, contending the petitioner failed to prove a ground for termination or that termination was in the children’s best interests by clear and convincing evidence. In 2018, the juvenile court placed the children in foster care and declared them dependent and neglected upon the petition of the Department of Children’s Services. The court then ratified a permanency plan that had several requirements for the father, including submitting to and passing random drug screens, resolving pending legal issues, and avoiding new criminal charges. Over the next two years, the father only completed some of the action steps and incurred new criminal charges for which he was incarcerated. In September 2019, the Department filed a petition to terminate the father’s rights on the grounds of abandonment by exhibiting a wanton disregard for the children’s welfare and by failure to visit, failure to comply with the permanency plan, and failure to manifest an ability and willingness to assume custody of and financial responsibility for the children. After the final hearing, the court found that the Department proved all four grounds and that termination was in the children’s best interests. This appeal followed. Following a detailed review of the record, we affirm the trial court’s findings in all respects and affirm the termination of the father’s parental rights. |
Franklin | Court of Appeals | |
MICHAEL F. MARASCHIELLO v. STATE OF TENNESSEE
Petitioner, Michael F. Maraschiello, was convicted of first degree murder, arson, possession of a shotgun with an altered serial number, and theft after a jury trial in 1997. He was sentenced to life plus five years for the convictions. Petitioner appealed and this Court affirmed the conviction. State v. Maraschiello, 88 S.W.3d 586, 590 (Tenn. Crim. App. 2000). Over 19 years ago, Petitioner filed a petition for post-conviction relief alleging various grounds for relief including ineffective assistance of counsel. Petitioner sought funding for a medical and psychological expert in 2005, and the post-conviction court denied the request. The post-conviction court granted Petitioner permission for an interlocutory appeal. This Court denied the application for permission to appeal. State v. Michael F. Maraschiello, M2007-01968-CCA-R9-CO, at *2 (Tenn. Crim. App. Sept. 26, 2007) (order). After multiple amended petitions that included dozens of claims, the postconviction court denied relief to Petitioner in 2019. On appeal, Petitioner argues that the evidence weighs against the post-conviction’s court finding that Petitioner was not a credible witness, that he has a constitutional or statutory right to state funded experts and investigators, that the post-conviction court erred by denying Petitioner the ability to prove his claims by refusing to allow Petitioner to call sixty-nine witnesses, that the postconviction court erred when it rejected Petitioner’s claim that he clearly accepted a plea offer, and that trial counsel provided ineffective assistance of counsel by failing to call or impeach witnesses. After a thorough review of the very lengthy record, we affirm the decision of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
Demetrice A. Smith v. State of Tennessee
The petitioner, Demetrice A. Smith, appeals the denial of his petition for post-conviction relief, which petition challenged his 2017 |
Knox | Court of Criminal Appeals |