Richard Hamilton, et al v. Randy Holderman, et al.
This is an appeal from a judgment entered on a jury verdict for conversion of property. The property owners, Appellees, received a judgment of $24,999.99 in general sessions court, and Appellants filed an appeal to the circuit court. At the jury trial, jurors awarded Appellees a verdict of $40,000.00. Appellants appeal. Discerning no error, we affirm. |
Fentress | Court of Appeals | |
State of Tennessee v. Julie Fuller-Cole
In 2012, the Defendant, Julie Fuller-Cole, pleaded guilty in Shelby County to theft over $10,000. The trial court sentenced her to ten years of incarceration to run consecutively to a probation sentence from a prior Fayette County conviction. The Fayette County probation sentence was later revoked. In 2015, the Defendant filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, seeking to correct an illegal sentence. The Defendant asserted that the Shelby County sentence was illegal because it was aligned consecutively to the Fayette County sentence and because the Fayette County sentence was not revoked until after she was sentenced in Shelby County. After a hearing, the trial court concluded that there was nothing illegal about the alignment of the sentences. On appeal, the Defendant maintains that her sentence is illegal and that the sentences should be run concurrently. After a review of the record and applicable law, we affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. George Prince Watkins
The Defendant, George Prince Watkins, pleaded guilty to burglary in 1989 and was given a probationary sentence. The Defendant violated his probation, and while on bond for his probation violation, he committed four new offenses, to all of which he subsequently pleaded guilty. The trial court ordered concurrent sentencing for all of the convictions. The Defendant filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, contending that his sentence was illegal. The trial court summarily dismissed the motion, and the Defendant appealed. This Court held that the Defendant had presented a colorable claim and remanded the case to the trial court for Rule 36.1 proceedings. State v. George Prince Watkins, No. W2014-02393-CCA-R3-CD, 2015 WL 6145899, at *1 (Tenn. Crim. App., at Jackson, Oct. 15, 2015), no perm. app. filed. The Defendant moved forward with his Rule 36.1 motion, and the trial court again summarily dismissed the Defendant’s motion finding that he failed to state a colorable claim since his sentences were expired and citing State v. Brown, 479 S.W.3d 200, 211 (Tenn. 2015), which was released in December 2015. Based upon Brown, we affirm the trial court’s judgment. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Arterious North
A Knox County jury convicted the Defendant, Arterious North, of four counts of attempted voluntary manslaughter and four counts of employing a firearm during the commission of a dangerous felony. The trial court sentenced the Defendant to twenty-two years of confinement. On appeal, the Defendant contends that the trial court erred when it denied his motion to sever his case from the cases of his co-defendants and that the evidence is insufficient to sustain his convictions. After review, we reverse the trial court's judgments of conviction and dismiss the charges for the attempted voluntary manslaughter of L.P. and for employing a firearm during the commission of the attempted voluntary manslaughter of L.P. We affirm the trial court‟s judgments in all other respects. |
Knox | Court of Criminal Appeals | |
James Austin v. Roach Sawmill & Lumber Co.
On June 27, 2013, James Austin (“Employee”) operated a piece of machinery in the course of his employment with Roach Sawmill & Lumber Company (“Employer”). The machine trapped his right hand, injuring Employee and resulting in the amputation of his right ring finger. In a post-injury drug screen, Employee tested positive for amphetamine, nordiazepam, oxazepam, temazepam and alpha-hydroxyalprazolam. Employer operated as a drug-free workplace program as described in Tennessee Code Annotated section 50-9-101 et seq. The trial court found that Employee did not rebut the presumption that the drugs were the proximate cause of his injury and dismissed the action. Tenn. Code Ann. § 50-6-110(c)(1) (Supp. 2012). Employee appealed, asserting that the evidence preponderates against the trial court’s decision. The Supreme Court referred this appeal to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment. |
Hardin | Workers Compensation Panel | |
State of Tennessee v. Kenneth Kyle Fletcher
The defendant, Kenneth Kyle Fletcher, was convicted by a Carter County jury of facilitation of initiation of a process to manufacture methamphetamine, a Class C felony. Following a sentencing hearing, the trial court sentenced him to ten years on community corrections. In a separate case, the trial court sentenced the defendant to concurrent four-year sentences for five counts of promoting the manufacture of methamphetamine and ordered that the four-year sentence be served consecutively to the ten-year sentence in the instant case, for a total effective sentence of fourteen years on community corrections. In a timely appeal to this court, the defendant challenges the sufficiency of the convicting evidence and the trial court's order of consecutive sentencing. Following our review, we affirm the judgment of the trial court. |
Carter | Court of Criminal Appeals | |
Anderson Lumber Company, Inc. v. Chris Kinney, et al.
This is an interlocutory appeal as of right, pursuant to Rule 10B of the Rules of the Supreme Court of Tennessee, from the denial of a Motion for Disqualification or Recusal filed by the Defendants, William Kinney and Margaret Kinney ("Defendants") in this case that arises out of the indebtedness of Defendants' business, Kinney Custom Interiors, to the Plaintiff, Anderson Lumber Company, Inc. ("Plaintiff"). Having reviewed the petition for recusal appeal filed by Defendants, and finding no error in Trial Court's ruling, we affirm. |
Blount | Court of Appeals | |
Nove Kephart, Sr. v. Daniela F. Schwarzer Kephart
The father of two children opposes the relocation of the children with their mother from middle Tennessee to Harrison, Arkansas. He also contends he is entitled to a child support deviation. At trial, testimony revealed that the mother wants to relocate because her husband accepted a position in Harrison that resulted in an annual salary increase of $20,000, plus a bonus. The mother also testified that she was offered a job in Harrison that pays more than her current position. The trial court granted permission to relocate, finding that the relocation had a reasonable purpose because the mother and her husband would receive a significant increase in annual income and increased opportunities for advancement in Arkansas. The trial court also found that relocating would not result in serious harm to the children and was not intended to defeat the father’s visitation. In addition, the trial court denied the father’s request for a child support deviation. The father appealed, contending that the court’s findings about the relocation are erroneous and that he is entitled to a child support deviation. The evidence supports the trial court’s findings regarding the purpose and nature of the relocation. Additionally, the father is not entitled to a child support deviation under the plain language of the regulations. Accordingly, we affirm. |
Coffee | Court of Appeals | |
In re Alfonzo E., et al.
The mother of three sons appeals the termination of her parental rights. A juvenile court magistrate determined that one son was the victim of severe abuse and that the other two sons were dependent and neglected. The magistrate also found that the mother was the perpetrator of this abuse, dependency, and neglect. The magistrate’s order was not appealed. All three sons were placed with the same foster mother. They remained with her for around two years during which time they had some visitation with their biological mother. Subsequently, the Department of Children’s Services filed a petition to terminate the mother’s parental rights alleging severe abuse and persistence of conditions as grounds for termination. See Tenn. Code Ann. § 36-1-113(g)(3)-(4). The mother opposed the petition, and the children’s maternal grandmother and uncle each filed separate petitions for custody. After two hearings, the trial court found that DCS had proven both alleged grounds for termination by clear and convincing evidence and that terminating the mother’s parental rights was in the best interests of the children. The court also dismissed the petitions for custody filed by the grandmother and the uncle. The mother appealed, arguing that termination was not in the best interests of the children and that the trial court erred by failing to place the children with their grandmother as a less drastic alternative to foster care. Mother also argues that DCS failed to make a diligent search for the children’s fathers. The evidence does not preponderate against the trial court’s best-interest findings, and the mother cannot appeal the dismissal of the grandmother’s petition or the termination of the fathers’ parental rights. Additionally, by the time a court considers whether to terminate parental rights, it is too late to bring a less drastic alternative before the court. Accordingly, we affirm. |
Davidson | Court of Appeals | |
Vicki J. Redick v. Saint Thomas Midtown Hospital, et al
Vicki J. Redick (“Plaintiff”) appeals the dismissal with prejudice of her health care liability action against Saint Thomas Midtown Hospital (“the Hospital”) and Jane Doe, an employee of the Hospital. We find and hold that Plaintiff, despite application of the common knowledge exception when appropriate, would be unable to prove her claim without expert proof, and therefore, Plaintiff was required to file a certificate of good faith in compliance with Tenn. Code Ann. § 29-26-122. As Plaintiff failed to file the required certificate of good faith, we find no error in the judgment of the Circuit Court for Davidson County (“the Trial Court”) dismissing Plaintiff’s case with prejudice for failure to comply with Tenn. Code Ann. § 29-26-122. |
Davidson | Court of Appeals | |
Billy Debow v. State of Tennessee
The petitioner, Billy DeBow, appeals the summary dismissal of his petition for writ of habeas corpus, which petition challenged his 1999 conviction of first degree murder. Because the interest of justice does not require that we waive the timely filing of the notice of appeal in this case, the appeal is dismissed. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Lindsey A. Ochab
In this appeal, the State challenges the ruling of the trial court granting the defendant’s motion to suppress evidence and dismiss the two-count indictment charging the defendant with driving under the influence (“DUI”) and driving with a blood alcohol content greater than .08 percent (“DUI per se”). Because the trial court failed to consider the effect of a search warrant and because, at any rate, probable cause supported the defendant’s arrest, the trial court erred by granting the defendant’s motion to suppress. The judgment of the trial court is reversed, and the case is remanded to the trial court for further proceedings consistent with this opinion. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Gregory Charles Dixon
The defendant, Gregory Charles Dixon, appeals his Lawrence County Circuit Court jury conviction of theft of property valued at $1,000 or more but less than $10,000, claiming that the evidence was insufficient to sustain his conviction and that the sentence imposed was excessive. Discerning no error, we affirm. |
Lawrence | Court of Criminal Appeals | |
Travis Armstrong v. State of Tennessee
Petitioner, Travis Armstrong, appeals from the denial of his petition for post-conviction relief. Following convictions, Petitioner received an agreed sentence of 20 years for possession of .5 grams or more of cocaine with intent to deliver and 15 years for possession of a controlled substance in a penal institution, to run concurrently, in exchange for waiving his right to appeal from the convictions which he received in a jury trial. Petitioner subsequently filed a petition for post-conviction relief alleging ineffective assistance of counsel. After appointment of counsel and filing of multiple amended petitions, this petition was denied following an evidentiary hearing. After careful review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
John Hamilton v. Metropolitan Government Of Nashville And Davidson County, et al
This case involves a challenge to an election commission’s decision not to set a special election to fill a vacancy in the office of district council. Appellant, a Davidson County resident and registered voter, appeals the trial court’s grant of Appellees’, the Metropolitan Government of Nashville & Davidson County and the Davidson County Election Commission, Tennessee Rule of Civil Procedure 12.02(6) motion to dismiss. The trial court granted Appellees’ motion on its finding that Appellant’s petition failed to aver facts sufficient to show a distinct and palpable injury to Appellant so as to establish his standing to challenge the election commission’s decision not to schedule a special election. Discerning no error, we affirm and remand. |
Davidson | Court of Appeals | |
James Smallwood v. State of Tennessee
An inmate of the Tennessee Department of Correction filed a claim against the State of Tennessee seeking to recover damages for personal injuries he sustained when he was attacked on August 23, 2013, by a fellow inmate. The Claims Commissioner found that the material facts were not disputed and there was no forewarning of the assault. Because the claimant provided no evidence showing that the attack was foreseeable, the Claims Commissioner concluded that the prison did not breach any duty to protect the claimant and summarily dismissed the claim. The claimant appealed. We affirm. |
Court of Appeals | ||
Jack Wayne Butler v. Tennessee Board of Nursing
An applicant for a nursing license filed a petition for a writ of certiorari regarding the decision of the Tennessee Board of Nursing to deny his license. The trial court ruled: (1) that the applicant was not entitled to a contested case prior to the denial of his initial nursing license; (2) that the Tennessee Board of Nursing correctly found that the applicant’s license could be denied due to his “fraud or deceit” in his efforts to procure his license; and (3) that the Tennessee Board of Nursing could not rely on an expunged conviction to establish the statutory ground of “guilty of a crime.” Both parties appeal. Discerning no error, we affirm the decision of the trial court. |
Davidson | Court of Appeals | |
Michael Angelo Coleman v. Tennessee Board of Parole, et al.
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Davidson | Court of Appeals | |
The River Oak, GP, et al v. IOAN Bucse, et al.
This property dispute involves adjacent commercial property owners. When defendants revealed their intent to erect a fence between the adjoining properties, plaintiffs sued under the theories of adverse possession, prescriptive easement, and implied easement to use a portion of defendants’ property for parking, trash removal, and receiving deliveries. After a bench trial, the trial court found that plaintiffs failed to meet their burden of establishing their asserted rights over the area in dispute. Plaintiffs appeal the trial court’s conclusions as to prescriptive easement and easement by implication only. Discerning no error, we affirm. |
Sumner | Court of Appeals | |
Selvin Calderon v. Auto Owners Insurance Company, et al.
Selvin Calderon (“Employee”) suffered a compensable injury to his spine when he fell from a two-story roof. The trial court found Mr. Calderon to be permanently and totally disabled and ordered Auto Owners Insurance Company (“Insurer”) to pay benefits and provide medical care for the injury. Seven months after entry of the judgment, Employee filed a “Motion to Compel Appropriate Medical Accommodations and Expenses and for an Award of Attorney’s Fees,” seeking to have Insurer pay the difference in rent between his present apartment and a wheelchair accessible residence and also for a bus pass to be used for daily activities unrelated to his disability. Insurer is willing and able to modify any apartment for wheelchair accessibility, and it provides transportation to Employee for his medical appointments. Insurer argued it is fulfilling its obligations under the workers’ compensation law. The trial court denied Employee’s motion, and he appealed. The appeal was referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment of the trial court. |
Davidson | Workers Compensation Panel | |
Norris Bettis v. Rebecca Bettis
This is an appeal of a trial court's award of alimony and valuation of marital assets. Husband appeals the trial court's decision to award a percentage of his bonus income as alimony as well as the trial court's valuation of stock allocated to Husband. Wife appeals the trial court's decision not to award her alimony in futuro. We affirm both the trial court's finding with respect to the value of the stock and its decision to not award alimony in futuro. However, we vacate the trial court's decision to award a percentage of Husband's bonus income as alimony and remand for proceedings consistent with this opinion. |
Hamilton | Court of Appeals | |
Edward Martin v. Gregory Powers, et al.
This case arises out of an incident in which the Defendant, Gregory Powers, drove a car he had rented from Enterprise Rent-A-Car (“Enterprise”) into the Plaintiff, Edward Martin. The Plaintiff sued the Defendant, the Defendant’s automobile liability insurer, and Enterprise. Additionally, the Plaintiff provided notice of the lawsuit to his own automobile liability insurance carrier, IDS Property Casualty Insurance Company (“IDS”), in order to recover through the uninsured motorist coverage provision of the Plaintiff’s policy (“the Policy”). IDS denied coverage and moved for summary judgment, arguing that the rental car (“the Rental Car”) did not qualify as an “uninsured motor vehicle” under the Policy. The trial court granted IDS’s motion, and the Court of Appeals affirmed. We granted review to determine whether the Rental Car qualified as an “uninsured motor vehicle” under the Policy. We hold that the Rental Car was an “uninsured motor vehicle” under the Policy. Accordingly, we reverse the grant of summary judgment to IDS and remand this matter for further proceedings. |
Williamson | Supreme Court | |
Edward Martin v. Gregory Powers, et al. - Dissent
I respectfully dissent from the majority opinion in this case. The majority concludes that the Policy exclusion for any vehicle “owned or operated by a self-insurer under any applicable motor vehicle law” is ambiguous. I disagree. As explained below, under the plain Policy language, the rental car driven by the Defendant was not an “uninsured motor vehicle” because it was owned by a “self-insurer” under Tennessee’s Financial Responsibility Act. For this reason, I would conclude that the Policy does not provide UM coverage to the Plaintiff in this case. |
Williamson | Court of Appeals | |
State of Tennessee v. Harold Smith
A Shelby County jury convicted the Defendant, Harold Smith, of reckless aggravated assault, vandalism over $1,000, and attempted theft of property over $1,000. The Defendant received an effective sentence of twelve years as a career offender at sixty-five percent. On appeal, the Defendant asserts that the evidence is insufficient to support the convictions. After a thorough review of the record, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Kelvin Townsel v. State of Tennessee
The Petitioner, Kelvin Townsel, appeals the denial of his petition for post-conviction relief in which he challenged his guilty plea to second degree murder and the resulting thirty-year sentence. On appeal, the Petitioner contends that he was denied his right to the effective assistance of counsel and that his guilty plea was not entered knowingly and voluntarily. We affirm the post-conviction court's denial of relief. |
Shelby | Court of Criminal Appeals |