Shawn M. Wylie, et al. v. Adam F. Driscoll
A mother and her husband filed a petition to enroll a foreign judgment regarding her former husband’s visitation rights with her child for the purpose of extinguishing her former husband’s rights to see the child. The former husband resides in Wisconsin, and the Wisconsin court declined to relinquish jurisdiction over the case. The trial court determined it did not have subject matter jurisdiction and dismissed the petition. We affirm the trial court’s judgment. |
Montgomery | Court of Appeals | |
State of Tennessee v. Robert Jesus Porrata
Defendant, Robert Jesus Porrata, pled guilty to attempted second degree murder, attempted aggravated robbery, and employing a weapon during a felony in Case No. 09-00597 involving victim Cliff Belue. In Case No. 09-00598, he pled guilty to aggravated robbery involving victim Reginald Bean, and he pled guilty to attempted aggravated robbery in Case No. 09-00599 involving victim Ray Heath. In Case No. 09-00597, Defendant was sentenced to ten years for attempted second degree murder, four years for attempted aggravated robbery, to run concurrently, and six years for use of a firearm in a felony, to run consecutively for an effective sixteen-year sentence. In Case No. 09-00598, the trial court imposed a ten-year sentence, and the trial court imposed a four-year sentence in Case No. 09-00599. The sentences in 09-00597, 09-00598, and 09-00599 were ordered to run consecutively for an effective thirty-year sentence in confinement. On appeal, Defendant argues that the trial court improperly sentenced him. After a thorough review, we affirm judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Joan T. Williams et al. v. Bank of America et al.
Debtors on a promissory note and deed of trust who have not made a mortgage payment since October 2008 filed this action in October 2009 in an attempt to stay foreclosure proceedings and alternatively for damages based on unjust enrichment. The trial court summarily dismissed the claims and the plaintiffs did not appeal that order. Plaintiffs then filed a motion for reconsideration of the summary dismissal and for stay of foreclosure pending the outcome of the motion for reconsideration; the motion was denied. The plaintiffs filed a timely appeal from the order denying the motion for reconsideration and stay. Finding no error, we affirm. |
Williamson | Court of Appeals | |
John Freeman v. General Motors Company et al.
The employee sought reconsideration of workers’ compensation settlements concerning a back injury in 2003 and a right knee injury in 2006. The trial court granted the petition and increased the previous permanent partial disability awards to 30% to the body as a whole for the back injury and 100% to the leg for the knee injury. The employer has appealed, contending that reconsideration of the back injury was barred by the statute of limitations, that the awards for both injuries were excessive, that the trial court incorrectly awarded benefits in excess of six times the anatomical impairment for the knee injury, and that the trial court erred by awarding benefits in a lump sum. The employee contends that the trial court erred by failing to award permanent total disability benefits. We conclude that the employee’s petition for reconsideration of the settlement of his back injury was not timely filed and reverse that part of the judgment. We affirm the judgment in all other respects. |
Maury | Workers Compensation Panel | |
State of Tennessee v. Chris Cummins
The defendant, Chris Cummins, was indicted for first degree murder. The State’s proof included the testimony of an inmate who had been housed with the defendant in prison and who claimed the defendant confessed to the crime. The defendant moved for a continuance based on the fact that he was only made aware of this witness on the morning the trial began, and the trial court denied his motion. The jury returned a guilty verdict, and the defendant was sentenced to life in prison. The defendant asserts on appeal that he is entitled to a new trial because the court erred in denying his request for a continuance. After a careful review of the record, we affirm the judgment of the trial court. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Timothy Eugene Kelly, Jr.
A Davidson County Criminal Court Juryconvicted the appellant, Timothy Eugene Kelly, Jr., of one count of especially aggravated robbery and two counts of fraudulent use of a credit card. The trial court imposed a total effective sentence of thirty-seven years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his convictions and the sentences imposed by the trial court. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Jerry D. Carney v. State of Tennessee
The pro se petitioner, Jerry D. Carney, appeals the dismissal of his third petition for writ of error coram nobis, arguing that due process should toll the statute of limitations and that he is entitled to coram nobis relief on the basis of newly discovered evidence of the criminal activities and official misconduct of the medical examiner who testified at his trial. Following our review, we affirm the dismissal of the petition. |
Davidson | Court of Criminal Appeals | |
Charles Hall v. State of Tennessee
The petitioner, Charles Hall, appeals the denial of his petition for post-conviction relief from his 2007 Shelby County Criminal Court jury convictions of aggravated robbery, claiming that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Mell Thomas Bruton, aka Mel T. Bruton
The defendant, Mell Thomas Bruton, aka Mel T. Bruton, appeals the revocation of his community corrections sentence, arguing that the trial court abused its discretion in revoking the sentence based on the defendant’s unauthorized trip out of state when the trip was necessitated by a family emergency. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Constance Elaine Archer
The defendant, Constance Elaine Archer, was convicted of theft of property valued at $500 orless,a Class A misdemeanor,and criminaltrespass,a Class C misdemeanor,and sentenced to an effective term of eleven months, twenty-nine days to be served on probation. On appeal, she argues that the evidence is insufficient to sustain her convictions. After review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Daniel A. Riley, C.N.A. v. John Dreyzehner, M.D., M.P.H., in his Official Capacity as Commissioner of the Tennessee Department of Health
Appellant nurse assistant’s name was placed on the Abuse Registry after the Appellee Tennessee Department of Health concluded that he had committed an act of abuse on an elderly person in his care at a nursing home. Appellant appeals, arguing that substantial and material evidence does not exist to show that he committed an act of abuse on the nursing home resident. Having determined that substantial and material evidence in the record supports the decision of the Tennessee Department of Health, we affirm. |
Davidson | Court of Appeals | |
Jane Field v. The Ladies' Hermitage Association
This is the second round in a long-running dispute over the provisions in a warranty deed conveying historic Tulip Grove to the Ladies Hermitage Association (LHA). In the deed LHA agreed to make certain payments to the grantor and her heirs. In a prior appeal this Court affirmed the chancellor’s ruling that the property did not revert to the heirs so long as LHA paid the heirs at least $600 every six months. On remand the chancellor held that LHA did not have an implied obligation to keep the property open for paid tours and that LHA did not have to share with the heirs the income derived from renting the property for special events. We affirm the chancellor on the implied obligation and reverse the holding on the heirs’ right to a portion of the special event income. |
Davidson | Court of Appeals | |
Nicholas Fletcher v. State of Tennessee
Petitioner, Nicholas Fletcher, appeals from the post-conviction court’s dismissal of his petition for post-conviction relief following an evidentiary hearing. In this appeal, Petitioner argues that his trial counsel rendered ineffective assistance of counsel because trial counsel: (1) failed to investigate concerning certain witnesses at his trial; (2) failed to present Petitioner’s testimony at the pre-trial hearing on the motion to suppress Petitioner’s inculpatory statement to police; and (3) failed to adequately explain to Petitioner the State’s negotiated plea agreement offer. After a thorough review of the record and the briefs of the parties, we affirm the judgment of the post-conviction trial court. |
Shelby | Court of Criminal Appeals | |
Jeffery Charles Hayes v. Melissa Marie Hayes
This is a divorce appeal, primarily over property issues. The parties were married for approximately six years, with no children born of the marriage. During the marriage, they owned several homes, including the home in which they lived, but some went into foreclosure. Given the complicated state of the parties’ finances, the trial was lengthy. At the conclusion of the trial, the trial court entered an order holding that the home in which the couple lived was the wife’s separate property and dividing the remainder of the parties’ assets and debts. The husband now appeals, raising numerous issues. We affirm in part, and reverse the finding that the home in which the parties resided was the wife’s separate property. In light of our holding that the home in which the parties lived was marital property, we remand the matter to the trial court for reconsideration of its division of the marital estate. |
Shelby | Court of Appeals | |
State of Tennessee v. Rodney Dewayne Hymes, alias Rodney Dewayne Hynes
The defendant, Rodney Dewayne Hymes, alias Rodney Dewayne Hynes, appeals the Hamilton County Criminal Court’s revocation of his probation and reinstatement of his original sentences in the Department of Correction for his 2007 and 2008 convictions for violation of the Habitual Motor Vehicle Offender (“HMVO”) Act. The defendant also challenges the trial court’s sentencing determinations in five new cases, arguing that the trial court abused its discretion by failing to give sufficient weight to his potential and amenability for rehabilitation. Following our review, we affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Marques Sanchez Johnson
Appellant, Marques Sanchez Johnson, was indicted by the Davidson County Grand Jury for four counts of burglary of a motor vehicle, six counts of theft of property, and one count of evading arrest in two separate cases. Appellant pled guilty to two counts of burglary of a motor vehicle and one count of theft in each case in exchange for a total effective sentence of six years in the first case and twelve years in the second case as a Range IV, career offender, with the trial court to determine after a sentencing hearing whether the sentences would run concurrently or consecutively. After a hearing, the trial court ordered the sentences to run consecutively, for a total effective sentence of eighteen years as a Range IV, career offender. Appellant insists that the trial court erred by ordering consecutive sentences. After a review of the record, the briefs, and the applicable authorities, we conclude that the record supports the trial court’s determination that consecutive sentences were warranted because Appellant had an extensive criminal record and was a professional criminal. Consequently, the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
Jamie Scott Moore v. State of Tennessee
Petitioner, Jamie Scott Moore, pled guilty in Rutherford County to two counts of attempted sale of methamphetamine on October 6, 2006. As a result, he was sentenced to six years at thirty percent as a Range I, standard offender on each offense, to be served concurrently with each other. Petitioner was to serve 270 days prior to release on probation. As part of the plea agreement, Petitioner agreed that on his first violation of probation he would waive any application for a suspended sentence and serve the sentence in its entirety. Petitioner filed a petition for writ of mandamus in which he argued that he was “prematurely and illegally released” before serving all 270 days of the agreed sentence. After a hearing on the petition, the trial court denied the petition. Petitioner appeals. After a review of the record, we determine that Petitioner has failed to support his argument with authority, failed to present the court with an adequate record for review, and sought an appeal to this court from the denial of a writ of mandamus, a right not prescribed in Tennessee Rule of Appellate Procedure 3(b). Consequently, the appeal is dismissed, and the judgment of the trial court is affirmed. |
Rutherford | Court of Criminal Appeals | |
Cadlerock Joint Venture II, L.P. v. Susan Elaine Dunlap, Lady Bug Corporation, Trustee for BLF Land Trust, and BLF Land Trust
A judgment creditor sued the owners of two parcels of real property, who received the |
Warren | Court of Appeals | |
Tarik Robertson v. State of Tennessee
The petitioner, Tarik Robertson, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief. The petitioner was convicted of observation without consent, a Class A misdemeanor, and sentenced to eleven months and twenty-nine days, suspended to probation following service of four months in the county workhouse. On appeal, the petitioner contends that it was error to deny him post-conviction relief because: (1) the conviction was based upon evidence obtained pursuant to an unlawful arrest; (2) there is newly discovered evidence in the case; (3) he was denied the effective assistance of counsel; and (4) there were cumulative constitutional errors in the trial process. Following review of the record and arguments of the parties, we affirm the decision of the postconviction court. |
Shelby | Court of Criminal Appeals | |
Patrick Thurmond v. Henry Stewart, Warden
The petitioner, Patrick Thurmond, appeals the denial of his sixth petition for writ of habeas corpus, claiming that his conviction of aggravated rape is void. Discerning no error, we affirm the judgment of the habeas corpus court. |
Lake | Court of Criminal Appeals | |
Amy McGhee v. Tots and Teens Pediatrics, et al.
Pursuant to Tennessee Supreme Court Rule 51, this workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law. The Employee alleged that she was injured in the course and scope of her employment with Employer in December 2005. Employee retained the law firm of PryorParrott PC in December 2005 to represent her. They filed a claim with the Department of Labor, but benefits were denied. An action was then filed on Employee’s behalf in the Chancery Court of Campbell County in January 2007. In March 2009, the Chancery Court granted PryorParrott’s motion for leave to withdraw and granted it a lien for expenses in the amount of $1,146.38 and a lien for attorney’s fees in the amount of 10% of any benefits recovered by Employee. Employee then retained attorney David H. Dunaway to represent her. Dunaway ultimately settled Employee’s workers’ compensation claim for a lump sum payment of $100,000. In December 2010, the case was set for settlement approval in Chancery Court. Dunaway, on Employee’s behalf, voluntarily dismissed her Chancery Court case and immediately filed a joint petition for approval of the settlement in the Circuit Court of Campbell County. The Circuit Court approved the settlement, awarded total attorney’s fees in the amount of 20% of Employee’s recovery, and ordered Dunaway to hold in trust the fees pending resolution of PryorParrott’s lien claim. PryorParrott later moved the Chancery Court to set aside the voluntary dismissal, and that court granted the motion. At a later hearing in September 2011, PryorParrott and Dunaway submitted to the jurisdiction of the Chancery Court to determine disputes related to PryorParrott’s lien and the division of fees. The Chancery Court determined that PryorParrott was entitled to a fee of 10% of the settlement, or $10,000, and expenses of $1,146.38, and ordered Dunaway to |
Campbell | Workers Compensation Panel | |
State of Tennessee v. Brian Keith Medley
The defendant, Brian Keith Medley, appeals the Cumberland County Criminal Court’s revocation of his probation for DUI, fifth offense. He argues that the record did not contain substantial evidence in support of the court’s finding that he violated his probation and that the court erred by not allowing him to assert the defense of necessity. Following our review, we affirm the judgment of the trial court. |
Cumberland | Court of Criminal Appeals | |
State of Tennessee v. Robert W. Hawkins
Robert W. Hawkins (“the Defendant”) was convicted by a jury of one count of aggravated assault with a deadly weapon and one count of aggravated assault resulting in serious bodily injury. The trial court merged the two convictions into the conviction of aggravated assault with a deadly weapon. Following a sentencing hearing, the trial court sentenced the Defendant as a Range I standard offender to a term of five years, with one year to be served in confinement and the remainder on probation. The Defendant now appeals, challenging the sufficiency of the evidence and arguing that the trial court improperly commented on the motivation of the Defendant during his testimony. He also alleges that the trial court should have sentenced him to full probation. Upon our thorough review of the record, we affirm the judgment of the trial court. |
Stewart | Court of Criminal Appeals | |
George L. Morgan v. David Sexton, Warden, et al
The petitioner, George L. Morgan, appeals the Johnson County Criminal Court’s summary dismissal of his petition for writ of habeas corpus, arguing that the court should have held an evidentiary hearing to consider his claim that his dual convictions and consecutive sentences for second degree murder and attempted aggravated robbery are illegal and void because they violate double jeopardy principles. Because the petitioner has failed to state a cognizable claim for habeas corpus relief, we affirm the summary dismissal of the petition pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Johnson | Court of Criminal Appeals | |
Jerry McGaha v. Tony Howerton, Warden, et al
The petitioner, Jerry McGaha, appeals the Morgan County Criminal Court’s summary dismissal of his petition for writ of habeas corpus, arguing that the trial court lacked the jurisdiction to accept his guilty pleas to nine counts of child rape because his plea agreements did not include the mandatory requirement of community supervision for life. Because the petitioner has failed to state a cognizable claim for habeas corpus relief, we affirm the summary dismissal of the petition. |
Morgan | Court of Criminal Appeals |