Opinions
State of Tennessee v. John Freitas
The defendant, John Freitas, was convicted by a Shelby County Criminal Court jury of assault and domestic assault, both Class A misdemeanors, and sentenced to consecutive terms of eleven months and twenty-nine days in the county workhouse. On appeal, he argues that: (1) the evidence is insufficient to sustain his convictions; (2) his convictions for assault and domestic assault violate double jeopardy; and (3) the trial court abused its discretion by imposing consecutive sentences. After review, we conclude that it violates double jeopardy for the defendant to receive punishments for assault and domestic assault. Therefore, we order that the defendant's convictions stand but that amended judgments be entered showing that the simple assault conviction merges into the domestic assault conviction for imposition of one sentence. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ashley Kelso
The trial court revoked Ashley Kelso’s (“the Defendant”)probation and ordered her to serve the balance of her sentence. After a review of the record and applicable law, we conclude that the trial court did not abuse its discretion in finding that the Defendant violated her probation or by ordering that she serve her sentence in incarceration. The judgment of the trial court is affirmed. |
Marion | Court of Criminal Appeals | |
Cincinnati Insurance Company v. Josie Rochelle Malone
This is an appeal from an order granting summary judgment in which Defendant argues that summary judgment was improper because a dispute of material fact exists regarding her affirmative defenses. Finding no error, we affirm. |
Rutherford | Court of Appeals | |
Larry E. Parrish, P. C. v. Nancy J. Strong, et al.
This is a Tennessee Rule of Appellate Procedure 9 Interlocutory appeal. Upon further review, we have determined that none of the issues certified for interlocutory appeal are properly before us. Accordingly, we vacate our order granting interlocutory appeal and dismiss the appeal. |
Lincoln | Court of Appeals | |
In re Michael B.
This is a termination of parental rights case. Father and Stepmother filed a petition to terminate the parental rights of Mother to the child. The trial court found that the grounds of abandonment for willful failure to visit, willful failure to support, and conduct demonstrating a wanton disregard for the welfare of the child had been proven by clear and convincing evidence. The trial court also found that termination was in the best interest of the child. Mother appeals. We reverse the finding of abandonment for willful failure to support but affirm the other grounds for termination and the finding that termination is in the best interest of the child. The termination of Mother’s parental rights to the child is therefore affirmed. |
Humphreys | Court of Appeals | |
Ocoee Utility District Of Bradley And Polk Counties, Tennessee v. The Wildwood Company, Incorporated
This appeal involves the condemnation of property by a utility district. The trial court entered an order of possession vesting title of the property in the utility district and reserved the issue of just compensation for a jury trial. Prior to trial, the utility district filed a motion in limine seeking to exclude the expert appraisal and testimony of the landowner‟s expert witness. The trial court permitted the expert to testify over the objections of the utility district. At the conclusion of the three-day jury trial, the jury returned a verdict of $417,000 for the seven-acre parcel at issue, which was the same value suggested by the landowner‟s expert witness. After the trial court denied the utility district‟s motion for a new trial, the utility district timely filed a notice of appeal. The utility district maintains on appeal that the trial court erred by failing to exclude the testimony of the landowner‟s expert witness, and it also argues that the jury verdict is not supported by material evidence. We vacate the judgment of the trial court and remand for a new trial. |
Bradley | Court of Appeals | |
State of Tennessee v. Khalid M. Mohssin
The Defendant, Khalid M. Mohssin, entered an open guilty plea to conspiracy to sell and deliver more than 0.5 grams of methamphetamine, a Class C felony. See Tenn. Code Ann. §§ 39-12-103; -17-417. At the subsequent sentencing hearing, the trial court determined the Defendant would receive a five-year sentence, as a Range I, standard offender, and denied alternative sentencing. On appeal, the Defendant contends that the trial court erred by enhancing his sentence to five years and by denying his request for a suspended sentence. Following our review, we find no abuse of discretion in the trial court’s sentencing decision. Accordingly, the judgment is affirmed. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Tonya Lavette Christopher
The Defendant, Tonya Lavette Christopher, pled guilty to driving under the influence (DUI), first offense. See Tenn. Code Ann. § 55-10-401. The Defendant's plea agreement preserved a certified question of law regarding the legality of the police encounter which preceded her arrest. Following our review, we conclude that the police officer's detention of the Defendant was justified upon reasonable suspicion of obstructing a roadway in violation of Tennessee Code Annotated section 39-17-307. Accordingly, the DUI judgment is affirmed. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Tonya Lavette Christopher - concurring
I join in the majority's disposition of this case. I write separately only to highlight an apparent precedential conflict that came to light upon pondering footnote three in the majority opinion. |
Hamilton | Court of Criminal Appeals | |
Kenneth Sherron v. State of Tennessee
The Petitioner, Kenneth Sherron, pleaded guilty to facilitation of kidnapping. Thereafter, the Petitioner filed an untimely petition for post-conviction relief, and the post-conviction court summarily dismissed the petition as time-barred. The Petitioner appeals, asserting that the post-conviction court erred when it summarily dismissed the petition. After review, we affirm the post-conviction court’s judgment. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Tina Lynn Szabo
This is an appeal by permission, pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. A Henry County grand jury indicted the Defendant, Tina Lynn Szabo, for various charges arising out of a traffic stop based upon the Defendant's erratic driving and the subsequent blood test results obtained by a search warrant for a blood draw. The Defendant filed a motion to suppress the blood test results obtained as a result of a search warrant, and the trial court suppressed the blood test results, ruling that an error within the warrant and an untimely return rendered the search warrant invalid. The State filed a motion for an interlocutory appeal, which was granted by the trial court. We granted the Rule 9 appeal, and the State asserts that the trial court erred when it granted the Defendant's Motion to Suppress. After review, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion. |
Henry | Court of Criminal Appeals | |
In Re Cannon H.
This appeal involves a dispute between unmarried parents regarding the modification of a residential parenting schedule for their minor child. Following a hearing, a juvenile court magistrate modified the parties’ existing parenting schedule to permit Father to exercise parenting time with the child during the first, third, and fifth weekends of each month. Father requested a rehearing before the juvenile court judge. The case was reheard, and the juvenile court judge ordered a similar parenting schedule permitting Father to exercise parenting time during the second, fourth, and fifth weekends of each month. The juvenile court also ordered Father to pay Mother’s attorney’s fees in the amount of $3,500. On appeal, Father takes issue with the parenting schedule and award of attorney’s fees ordered by the juvenile court. Having reviewed the record and considered the arguments presented, we affirm the juvenile court’s parenting schedule; however, we vacate the award of attorney’s fees and remand the case to the juvenile court for a determination as to the amount and reasonableness of the attorney’s fees incurred. |
Shelby | Court of Appeals | |
State of Tennessee v. Brian Adams
A jury found that the Defendant, Brian Adams, was guilty of rape of a child, a Class A felony, and aggravated sexual battery, a Class B felony. The trial court sentenced the defendant to an effective sentence of ninety years. The Defendant asserts that his convictions should be overturned on the basis of insufficient evidence. After a thorough review of the record, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marty V. Bell
The Defendant pled guilty to aggravated rape and received a sentence of twenty-five years as a multiple rapist. The Defendant now challenges his sentence as illegal pursuant to Tennessee Rule of Criminal Procedure 36.1, asserting that the trial court erred by failing to make a factual finding of his previous rape conviction and that a disparity exists between the length of his sentence and other shorter sentences for more serious convictions. After a thorough review of the record, we affirm the trial court's dismissal of the Defendant's motion to correct his sentence. |
Shelby | Court of Criminal Appeals | |
In Re Piper H.
This appeal involves a dispute between unmarried parents regarding a residential parenting schedule for their minor child. Following a hearing, a juvenile court magistrate ordered a structured parenting schedule permitting Father to exercise parenting time with the child during the first, third, and fifth weekends of each month. Father requested a rehearing before the juvenile court judge. The case was reheard, and the juvenile court judge ordered a similar parenting schedule permitting Father to exercise parenting time during the second, fourth, and fifth weekends of each month. The juvenile court also ordered Father to pay Mother’s attorney’s fees in the amount of $3,500. On appeal, Father takes issue with the parenting schedule and award of attorney’s fees ordered by the juvenile court. Having reviewed the record and considered the arguments presented, we affirm the juvenile court’s parenting schedule; however, we vacate the award of attorney’s fees and remand the case to the juvenile court for a determination as to the amount and reasonableness of the attorney’s fees incurred. |
Shelby | Court of Appeals | |
State of Tennessee v. Alberto Conde-Valentino
The defendant, Alberto Conde-Valentino, appeals his Davidson County Criminal Court jury convictions of felony murder and especially aggravated robbery, claiming that the trial court abused its discretion by denying his motion for severance of co-defendants, that the trial court erred by refusing to instruct the jury on accomplice testimony, and that the evidence was insufficient to sustain his convictions. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
Margaret Smith v. HSBC Mortgage Services, Inc., et al.
Because the order appealed does not comply with Rule 58 of the Tennessee Rules of Civil Procedure, the order is not a final judgment. Consequently, this Court lacks jurisdiction and this matter must be dismissed. |
Shelby | Court of Appeals | |
In re Quadayvon H., et al.
This appeal involves the termination of a father’s parental rights to two of his children. The children’s mother’s rights were previously terminated. In 2010, the older child was adjudicated dependent and neglected due to his mother’s drug use; the father was incarcerated at the time. In 2012, both children were adjudicated dependent and neglected and removed from their mother’s home after an altercation involving the father and another child resulted in father’s arrest and mother’s arrest for drug use. In 2015, the Tennessee Department of Children’s Services filed a petition seeking to terminate the father’s parental rights on the statutory grounds of persistence of conditions and mental incompetence. The juvenile court found that both grounds were proved by clear and convincing evidence and also found by clear and convincing evidence that termination of the father’s rights was in the children’s best interests. The father appeals. We reverse. |
Knox | Court of Appeals | |
James A. Long, et al. v. Charles D. Ledford, et al
James A. Long and Patricia Long (“Plaintiffs”) sued Charles D. Ledford and Vivian Ledford (“Defendants”) with regard to a promissory note. After a trial, the Circuit Court for Unicoi County (“the Trial Court”) entered a Final Order granting Plaintiffs a judgment against Defendants for $21,296.01. Defendants appeal to this Court. The record on appeal contains no transcript and no statement of the evidence. We must assume that the record had it been preserved would contain sufficient evidence to support the Trial Court‟s factual findings. We, therefore, affirm |
Unicoi | Court of Appeals | |
In re Scott H.
This is a termination of parental rights case involving a ten-year-old child, Scott H. (“the Child”). On August 8, 2011, the Shelby County Juvenile Court (“trial court”) granted temporary legal custody of the Child to the Tennessee Department of Children's Services (“DCS”). The Child was immediately placed in foster care, where he has remained since that date. DCS subsequently filed a petition to terminate the parental rights of the Child's mother, Jill H. (“Mother”), and his father, William H. (“Father”), on April 17, 2015.1 Following a bench trial, the trial court terminated Mother's parental rights to the Child after determining by clear and convincing evidence that (1) Mother failed to substantially comply with the requirements of the permanency plans, (2) the conditions that led to the removal of the Child from Mother's custody still persisted, and (3) Mother was mentally incompetent to adequately care for the Child. The trial court further found by clear and convincing evidence that termination of Mother's parental rights was in the best interest of the Child. Mother has appealed. Discerning no error, we affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Paul Brent Baxter
Defendant, Paul Brent Baxter, was convicted of three counts of aggravated assault and received concurrent sentences of fifteen years. On appeal, he argues that his sentences are excessive. We affirm the judgments, but we conclude, as a matter of plain error, that the judgments must be merged into a single conviction. Accordingly, the judgments of the trial court are remanded. |
Marshall | Court of Criminal Appeals | |
Cameron Brown v. State of Tennessee
The petitioner, Cameron Brown, appeals from the Sumner County Criminal Court order granting in part and denying in part his petition for writ of error coram nobis, which petition attacked his 2008 guilty-pleaded convictions of four counts of theft of property valued at $1,000 or more but less than $10,000; one count of forgery; passing a worthless check in an amount more than $500; and failure to appear as well as his 2011 guilty-pleaded conviction of escape. Because the writ of error coram nobis is not available to collaterally attack guilty-pleaded convictions, the judgment of the coram nobis court granting the petition for writ of error coram nobis and vacating the petitioner’s conviction of forgery is reversed, and the case is remanded for reinstatement of that conviction and the accompanying four-year sentence. The judgment of the coram nobis court denying the remaining claims for coram nobis relief is affirmed. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Darrell Thomas Gooch
The Defendant, Darrell Thomas Gooch, appeals as of right from the Dyer County Circuit Court's revocation of his probation and reinstatement of his effective ten-year sentence.The Defendant contends (1) that the trial court abused its discretion by revoking his probation because it relied on an additional probation violation introduced at the hearing that was not included in the violation warrant; (2) that the trial court ignored factors that mitigated his presence at the rape victim's apartment complex; and (3) that the four curfew violations, alone, were insufficient to revoke probation. Following our review, we affirm the trial court's revocation of the Defendant's probationary sentence and order of confinement. |
Dyer | Court of Criminal Appeals | |
Clarence Tyrone Pruitt v. State of Tennessee
The petitioner, Clarence Tyrone Pruitt, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of counsel and entered an unknowing and involuntary guilty plea. After review, we affirm the judgment of the post-conviction court denying the petition. |
Shelby | Court of Criminal Appeals | |
In re Jaquan B.
This is a dependency and neglect action involving the respondent mother’s two minor children, ages five and six at the time the incident giving rise to this action occurred. After it was discovered that the older child suffered, inter alia, a liver laceration as a result of physical abuse, the Hamilton County Juvenile Court determined that both children were dependent and neglected in the care of their mother. The juvenile court also determined that the older child was a victim of severe child abuse. The mother perfected a de novo appeal to the Circuit Court for Hamilton County. The circuit court likewise found, by clear and convincing evidence, that the children were dependent and neglected and that the mother committed severe child abuse against the older child. The mother appeals the circuit court’s finding of severe child abuse. We have determined that the evidence clearly and convincingly supports the circuit court’s findings that the children are dependent and neglected, and that the mother severely abused the older child. Thus, we affirm. |
Hamilton | Court of Appeals |