Wayne A. Howes, et al. v. Mark Swanner, et al.
Homeowners filed suit for breach of contract and fraud and/or negligent representation against the owners of a restoration business who performed repairs on their house after a fire. When the defendants failed to respond to or appear at the hearing on the plaintiffs’ motion for summary judgment, the trial court granted summary judgment for the plaintiffs. The defendants then filed a Tenn. R. Civ. P. 60 motion and affidavits stating that they did not receive notice of the hearing on the motion for summary judgment. The trial court held a hearing on the Rule 60 motion and denied the motion. Because there is no transcript or statement of the evidence regarding the hearing on the summary judgment motion or on the Rule 60 motion, we must accept the trial court’s findings of fact. We find no abuse of discretion in the trial court’s denial of the plaintiffs’ Rule 60 motion. |
Montgomery | Court of Appeals | |
State of Tennessee v. Lucy Caitlin Alford and Jeremie Alford
Following the denial of suppression motions, the defendants, Lucy Caitlin Alford and Jeremie Alford, entered guilty pleas in Franklin County Circuit Court to felony possession of methamphetamine and reserved the right to appeal certified questions of law relating to the sufficiency of the affidavit supporting the search warrant issued in this case. The defendants assert the affidavit, which was based on information provided by a confidential informant, failed to meet the two-pronged Aguilar-Spinelli test for probable cause, lacked independent police corroboration, and was materially misleading. The State contends the affidavit was sufficient. Following our review of the record and pertinent authorities, including the recent Tennessee Supreme Court decision of State v. Jerry Lewis Tuttle, ___S.W.3d ___, No. M2014-00566-SC-R11-CD, 2017 WL 1246855 (Tenn. Apr. 5, 2017), we affirm the judgments of the trial court. |
Franklin | Court of Criminal Appeals | |
Jamie Kay Cardle v. Daniel Marcum Cardle
Wife filed a complaint for divorce following a fifteen-year marriage. The trial court granted Wife a divorce, distributed the marital estate, and awarded Wife alimony. The trial court granted Husband’s request to pay the alimony in solido award over a period of six years, with post-judgment interest payable at 10% interest per annum. Husband appeals the division of some of the marital assets and debts, the award of alimony in solido, and the post-judgment interest award. We affirm the trial court’s division of the marital estate and the award of alimony in solido, but we modify the post-judgment interest rate from 10% to 5.50% to conform with the interest on judgments statute, Tenn. Code Ann. § 47-14-121. |
Sumner | Court of Appeals | |
James R. Wilson v. State of Tennessee
Petitioner, James R. Wilson, appeals the summary dismissal of his petition for writ of error coram nobis that was dismissed by the trial court as being time-barred and for failing to allege newly discovered evidence. Petitioner now appeals the denial of his petition. After review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Jeffery Lee Miller v. State of Tennessee
The Petitioner, Jeffery Lee Miller, appeals the Montgomery County Circuit Court’s dismissal of his petition for writ of error coram nobis. The Petitioner seeks relief from his premeditated first degree murder conviction. The Petitioner argues that (1) the coram nobis court erred by determining that due process considerations did not toll the statute of limitations; (2) the coram nobis court abused its discretion by applying an incorrect legal standard regarding reasonable diligence in its order and final judgment; (3) the coram nobis court’s grounds for dismissal were erroneous; and (4) the coram nobis court’s assessment of the State’s open file policy was erroneous. Upon review, we affirm the judgment of the coram nobis court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Donald Gwin
The Defendant, Donald Gwin, was convicted by a Shelby County Criminal Court jury of aggravated rape, a Class A felony; aggravated robbery, a Class B felony; aggravated burglary, a Class C felony; and aggravated assault, a Class C felony. He was sentenced to an effective term of thirty-five years in the Department of Correction. On appeal, the Defendant argues that: (1) the trial court erred in ruling that his prior sexual battery conviction, similar to that for which he was on trial, could be introduced if he opened the door to its admissibility; (2) the trial court abused its discretion in denying his motion for a mistrial after the jury heard that he wore an ankle bracelet for monitoring as part of the sex offender registry; (3) the trial court abused its discretion in denying his motion for a mistrial after a local newspaper printed an article about his case; and (4) the evidence is insufficient to sustain his conviction for aggravated robbery. After review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Young Bok Song, AKA Mike v. State of Tennessee
Petitioner, Young Bok Song, filed a petition for writ of error coram nobis concerning his multiple convictions for rape of a child and aggravated sexual battery and his sixty-five-year sentence. The petition was dismissed without an evidentiary hearing, and Petitioner appeals. We affirm the judgment of the coram nobis court. |
Davidson | Court of Criminal Appeals | |
Phillip Jay Seifert v. Maria Coveny Seifert
The principal issues in this divorce action arise from the parties’ antenuptial agreement. The trial court declared the parties divorced, classified the bulk of the assets as Husband’s separate property, divided the modest amount of assets that were classified as marital property, and awarded Wife alimony in futuro of $8,000 per month and alimony in solido of $500,000. Both parties appeal. Wife contends the court erred in classifying the bulk of the assets as Husband’s separate property and that the alimony awarded to her is insufficient. She also requests an award of attorney fees incurred on appeal. Husband contends that all of the income he earned during the marriage is his separate property, that all assets he acquired with that income is his separate property, and that the antenuptial agreement prohibited the trial court from considering the value of his separate property in awarding alimony to Wife. We affirm the trial court in all respects. We also find that Wife is entitled to recover reasonable and necessary attorney fees incurred on appeal. |
Knox | Court of Appeals | |
Henry Bates v. State of Tennessee
The petitioner, Henry Bates, was convicted by a Shelby County jury of aggravated robbery, burglary of a building, and vandalism of $1000 or more, for which he received an effective sentence of forty-two years’ imprisonment. He now appeals the postconviction court’s denial of relief arguing that trial counsel was ineffective in failing to present an alibi witness at trial. Upon our review, we affirm the judgment of the postconviction court. |
Shelby | Court of Criminal Appeals | |
Debeora D. Whitfield v. Holly Thrasher Schroeder
This appeal involves an option to purchase real estate. After a bench trial, the circuit court awarded the tenant a judgment for $12,000. Because the trial court did not make sufficient findings of fact and conclusions of law to enable meaningful appellate review, we vacate the order and remand for further proceedings. |
Sumner | Court of Appeals | |
State of Tennessee v. Rawney Jean Taylor
A Montgomery County Circuit Court Jury convicted the Appellant, Rawney Jean Taylor, of initiating a false report, a Class D felony; criminally negligent homicide, a Class E felony; and reckless endangerment, a Class A misdemeanor, and the trial court sentenced her to three years, two years, and eleven months, twenty-nine days, respectively. The court ordered that she serve the three- and two-year sentences consecutively for a total effective sentence of five years. On appeal, the Appellant contends that her three- and two-year sentences are excessive, that the trial court erred by ordering consecutive sentencing, that the trial court erred by denying her request for judicial diversion, and that the trial court erred by denying her request for probation. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
In Re: Hailey K., Et Al.
This is a termination of parental rights appeal. The Trial Court Judge announced a ruling from the bench at the conclusion of the final hearing below and then subsequently entered a written order vacating the oral ruling. The order vacating the oral ruling contemplates further proceedings in the Trial Court. Because there is no final written order terminating the parental rights of the appellant, Shanna K., to her children, we have no jurisdiction to consider this appeal. |
Knox | Court of Appeals | |
Walter Jr. Shegog v. State of Tennessee
Appellant, Walter Jr. Shegog, appeals the trial court’s summary denial of his petition seeking habeas corpus relief. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted. |
Trousdale | Court of Criminal Appeals | |
State of Tennessee v. Westley A. Albright
The defendant, Westley A. Albright, pled nolo contendere to one count of soliciting a minor in violation of Tennessee Code Annotated section 39-13-528, a Class E felony, for which he received a one-year suspended sentence and deferred judicial diversion. As a condition of probation, the defendant agreed to participate in therapeutic treatment for the duration of probation or until favorably discharged. Prior to the conclusion of the one-year suspended sentence, the defendant’s treatment provider discharged him for failure to comply with the goals of his treatment program. Following service of a probation warrant and a hearing, the trial court revoked the defendant’s deferred diversion and extended his probation for six months to allow for the completion of treatment. On appeal, the defendant argues: (1) the trial court violated his due process rights by failing to advise him at the time he entered his nolo contendere plea that, as a condition of probation, he would be required to confess to the solicitation of a minor; (2) the trial court violated his due process rights by relying on a probation rule not referenced in the revocation warrant; and (3) the trial court erred when revoking his deferred diversion despite his completion of the objective requirements of the sex offender treatment program. Upon review, we affirm the findings of the trial court. |
Dickson | Court of Criminal Appeals | |
Mitchell Nathaniel Scott v. State of Tennessee
The pro se petitioner, Mitchell Nathaniel Scott, appeals the denial of his petition for writ of error coram nobis by the Davidson County Criminal Court, arguing the trial court erred in summarily dismissing the petition because newly discovered evidence exists in his case. The petitioner also calls on this Court to apply the doctrine of stare decisis and ignore the Tennessee Supreme Court holding of Frazier v. State, 495 S.W.3d 246 (Tenn. 2016). After our review, we affirm the summary dismissal of the petition pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Tommy Lee Collins, Jr.
The Defendant, Tommy Lee Collins, Jr., was convicted by a Bedford County Circuit Court jury of employing a firearm during the commission of a dangerous felony, a Class C felony, evading arrest, a Class D felony, and reckless endangerment, possession of marijuana with the intent to sell, and possession of marijuana with the intent to deliver, Class E felonies. See T.C.A. §§ 39-17-1324 (2014) (employing a firearm during the commission of a dangerous felony), 39-16-603 (2014) (amended 2016) (evading arrest), 39-13-103 (Supp. 2012) (amended 2013) (reckless endangerment), 39-17-417(a)(4) (Supp. 2012) (amended 2014) (possession of a controlled substance). The trial court merged the possession of marijuana convictions and sentenced the Defendant to an effective eight years. On appeal, the Defendant contends that (1) the evidence is insufficient to support his drug and firearm convictions, (2) the trial court erred by denying his motion to suppress evidence obtained as a result of the traffic stop and subsequent search of the car he was driving, (3) the prosecutor improperly challenged a juror on the basis of race, (4) the trial court erred by declining to order the prosecutor to disclose the identity of a confidential informant, and (5) the Defendant’s dual convictions for reckless endangerment and evading arrest violated double jeopardy principles. Because we conclude a juror was improperly challenged, we reverse the judgments of the trial court and remand for a new trial. |
Bedford | Court of Criminal Appeals | |
Gallatin Housing Authority v. Mahoganee Pelt
This appeal arises from an indigent tenant’s petition for writs of certiorari and supersedeas for a de novo review of an unlawful detainer action originally filed in general sessions court. The tenant sought to remain in possession of the leased premises during the review without posting a possessory bond. The circuit court initially issued the writs and, in lieu of a bond, ordered the tenant to pay rent as it became due. The landlord objected, arguing that a possessory bond was mandatory under the applicable statute. The circuit court then ordered the tenant to post a bond and, after the tenant failed to comply, dismissed the previously issued writs. On appeal, the tenant argues that the circuit court erred in calculating the amount of the bond and in dismissing the writ of certiorari with the writ of supersedeas. She also contends that the landlord executed the writ of possession in violation of the initial stay of Tennessee Rule of Civil Procedure 62.01. We conclude that, although it erred in including court costs as part of the possessory bond in light of the tenant’s indigence, the trial court properly dismissed the writs of certiorari and supersedeas after the tenant failed to file a possessory bond. We also conclude that Rule 62.01 did not stay the dismissal of the writ of supersedeas. Consequently, we affirm. |
Sumner | Court of Appeals | |
Sheila Mitchell v. State of Tennessee
Pro se petitioner Sheila Mitchell appeals from the post-conviction court’s summary denial of relief. In this appeal, the State concedes, and we agree, that the petitioner stated a colorable claim in her petition. Accordingly, we reverse the judgment of the post-conviction court and remand for appointment of counsel. |
Gibson | Court of Criminal Appeals | |
Mindy Leigh Veard v. Edward Eugene Veard, Jr.
This accelerated interlocutory appeal arises from the trial court’s denial of a motion for recusal. After carefully reviewing the trial court’s ruling pursuant to the de novo standard of review required under Tennessee Supreme Court Rule 10B, we affirm the decision of the trial court denying the motion for recusal. |
Davidson | Court of Appeals | |
Jaleel Jovan Stovall v. State of Tennessee
The Petitioner, Jaleel Jovan Stovall, was convicted by a Hardeman County jury of rape of a child and received a sentence of twenty-five years at 100% service. The Petitioner filed a petition for post-conviction relief, which asserted that he was denied effective assistance of counsel. The post-conviction court denied relief. On appeal, the Petitioner argues that trial counsel’s performance was deficient for failing to object to hearsay introduced by the State and for failing to argue that a letter allegedly authored by the Petitioner was not properly authenticated. After a thorough review of the record and applicable case law, we affirm. |
Hardeman | Court of Criminal Appeals | |
Wesley Finch v. O.B. Hofstetter/Anderson Trust, et al.
This appeal stems from a dispute over a tract of real property in Nashville. The plaintiff, who claims to have entered into an enforceable contract for sale of the disputed tract, brought multiple claims against multiple defendants after the land was not transferred to him. After competing cross-motions for summary judgment were filed, the trial court dismissed all of the plaintiff’s claims, finding, inter alia, that the plaintiff never entered into a valid, enforceable contract regarding the subject property. For the reasons stated herein, we affirm and remand for further proceedings consistent with this Opinion. |
Davidson | Court of Appeals | |
Jarrod Reese Spicer v. State of Tennessee
The petitioner, Jarrod Reese Spicer, appeals the denial of his petition for post-conviction relief, arguing the trial court erred in finding he received effective assistance of counsel. More specifically, the petitioner claims counsel was ineffective because he failed to fully assist the petitioner until receiving full payment for his services, failed to subpoena certain witnesses to testify at trial, failed to obtain a medical expert to rebut the medical examiner’s opinion regarding the victim’s cause of death, and failed to obtain a mental evaluation. Following our review of the record and submissions of the parties, we affirm the denial of the petition. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Eddie H. Pittman
A Madison County jury found Eddie H. Pittman, the defendant, guilty of reckless endangerment with a deadly weapon, aggravated criminal trespass, and reckless aggravated assault. The trial court merged the reckless endangerment with a deadly weapon conviction with the reckless aggravated assault conviction and imposed an effective sentence of twelve years, eleven months, and twenty-nine days. On appeal, the defendant challenges the sufficiency of the evidence to sustain his convictions and argues the trial court erred when imposing consecutive sentences. Following our review of the record and the pertinent authorities, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Shane H. Bishop
Defendant, Shane H. Bishop, pled guilty to vehicular homicide by intoxication. He appeals from his sentence of eleven years, arguing that the trial court abused its discretion by denying an alternative sentence. Because Defendant was ineligible for an alternative sentence, we affirm the judgment of the trial court. |
Chester | Court of Criminal Appeals | |
Frankie Jason Cope v. State of Tennessee
The pro se Petitioner, Frankie Jason Cope, appeals the summary dismissal of his petition for post-conviction DNA analysis. Following our review, we affirm the summary dismissal of the petition pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Henderson | Court of Criminal Appeals |