Robert Eugene Callaway v. Linda Marie Callaway
In this post-divorce action, the trial court partially granted the husband’s petition to modify or terminate spousal support, reducing the husband’s monthly alimony in futuro obligation to the wife from $1,750.00 to $1,500.00 upon finding that the husband’s retirement constituted a substantial and material change in circumstance warranting the reduction. The husband has appealed, arguing that the court erred by declining to terminate or further reduce his support obligation. Discerning no reversible error, we affirm. |
McMinn | Court of Appeals | |
State of Tennessee v. Eugenio Gomez Ruiz
A Knox County jury convicted the Defendant, Eugenio Gomez Ruiz, of furnishing alcohol to a person under twenty-one years of age, a Class A misdemeanor. The trial court sentenced the Defendant to eleven months and twenty-nine days, ordering that the sentence be suspended after service of six months in confinement. On appeal, the Defendant argues that the trial court erred (1) in finding that the crime is a strict liability crime and thereby erred in denying his requests for a jury instruction on mental states and to introduce evidence relevant to certain defenses; and (2) in sentencing him to serve six months in confinement. He also asserts that the State committed prosecutorial misconduct by charging him with a strict liability offense instead of one requiring a culpable mental state. Upon our review, we respectfully affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Jamie Scott Brock v. State of Tennessee
A Claiborne County jury convicted the Petitioner, Jamie Scott Brock, of first degree murder in 2006, and the trial court sentenced him to life imprisonment. More than thirteen years after his conviction was affirmed on appeal, the Petitioner filed a petition for post-conviction relief in 2024. The post-conviction court summarily dismissed the petition after finding it to be untimely and concluding that principles of due process did not toll the running of the statute of limitations. The Petitioner appealed. Upon our review, we respectfully affirm the judgment of the post-conviction court. |
Claiborne | Court of Criminal Appeals | |
Re Land TN II, Inc. v. 840 Development Group, LLC
Appellant appeals the denial of its motion to quash a notice of lien lis pendens. Because the trial court improvidently certified its order as final under Rule 54.02 of the Tennessee Rules of Civil Procedure, we dismiss this appeal for lack of subject matter jurisdiction. |
Rutherford | Court of Appeals | |
Robert W. Halliman v. Austin Peay State University
This is an action for violation of the Tennessee Human Rights Act, Tenn. Code Ann. §§ 4- 21-101 to -1004 (“THRA”). The plaintiff, an associate professor at a state university, applied for promotion to the rank of full professor. While his application was under review, the plaintiff filed an age discrimination charge against the university with the Equal Employment Opportunity Commission (“EEOC”). A short time later, the university denied the plaintiff’s promotion based on his alleged lack of high-quality scholarship. The trial court dismissed the action at the summary judgment stage, reasoning that the plaintiff had not produced evidence to rebut the university’s stated reason for denying his promotion. This appeal followed. The plaintiff contends that the trial court erred because there was evidence that the university’s administration knowingly violated university policy by reevaluating the merits of the plaintiff’s peer-reviewed scholarship. We affirm the trial court’s judgment in all respects. |
Montgomery | Court of Appeals | |
Ronald Anson Wheeler v. Vincent Vantell, Warden
In 2022, the Petitioner entered a best interest plea to one count of reckless homicide and two counts of selling fentanyl. By agreement, the State dismissed multiple other pending charges, and the trial court entered the agreed sentence of fifteen years. In 2024, the Petitioner filed a petition for habeas corpus relief contending that, pursuant to the circumstances of the plea, the trial court lacked subject matter jurisdiction over the case, nullifying his convictions. The habeas corpus court summarily dismissed the petition. The Petitioner filed an untimely appeal but claims that he improperly filed for appeal in the wrong court. On appeal, he maintains his subject matter jurisdiction claim. After review, we affirm the habeas corpus court’s judgment. |
Trousdale | Court of Criminal Appeals | |
State of Tennessee v. Joseph Sakai Hall
Pursuant to a negotiated plea agreement, Defendant, Joseph Sakai Hall, pleaded guilty in the Davidson County Criminal Court to one count of aggravated assault involving serious bodily injury, a Class C felony, and received a sentence of three to four years as a Range I offender with the trial court to determine the length and manner of service and whether to grant Defendant’s request for judicial diversion. Following a sentencing hearing, the trial court denied Defendant’s request for diversion and sentenced him to four years with 180 days to serve and the remainder to be supervised on probation. After a careful review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Raymond Mefford
The Defendant, Raymond Mefford, was convicted of two counts of aggravated assault following a bench trial in the Robertson County Circuit Court. He was sentenced to serve four years in confinement. On appeal, the Defendant challenges the trial court’s denial of alternative sentencing, arguing that the trial court should have offered the elderly and homeless Defendant rehabilitative treatment in the form of housing assistance or work programs. Following our review, we affirm. |
Robertson | Court of Criminal Appeals | |
William G. Creasy v. Vincent Vantell
The Petitioner, William G. Creasy, appeals the Trousdale County Circuit Court’s summary dismissal of his petition for writ of habeas corpus relief. Following our review, we affirm the judgment of the habeas corpus court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Trousdale | Court of Criminal Appeals | |
Axis Dynamics, Inc. Et Al. v. Sonja Hawk Et Al.
The Petitioners seek accelerated interlocutory review of an order denying their motion to recuse. However, because the Petitioners’ filings fail to comply with Tennessee Supreme Court Rule 10B, we dismiss the appeal. |
Knox | Court of Appeals | |
Doyle Wayne Mason, Jr. v. State of Tennessee
Petitioner, Doyle Wayne Mason, Jr., appeals the denial of his post-conviction petition, |
Knox | Court of Criminal Appeals | |
Laura Michael Hudson v. Steven Brian Hudson
In this divorce case, Husband/Appellant appeals the trial court’s: (1) classification of the marital residence as marital property; (2) decision not to admit Tennessee Rule of Evidence 1006 summaries tendered by Husband; (3) finding of criminal contempt against Husband; (4) award of transitional alimony to Wife; and (5) award of a portion of Wife’s attorney’s fees and costs as alimony in solido. Wife asks for attorney’s fees and costs on appeal. We affirm the trial court’s order. Wife’s request for appellate attorney’s fees is granted. |
Montgomery | Court of Appeals | |
State of Tennessee v. Bobby V. Summers
The Defendant, Bobby V. Summers, appeals the trial court’s summary dismissal of his motions to correct an illegal sentence. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted. |
Davidson | Court of Criminal Appeals | |
Justin Quistopher Webb v. State of Tennessee
The Petitioner, Justin Quistopher Webb, pled guilty to attempted first degree murder and theft of property and received a sentence of twenty years. Thereafter, he filed a petition for post-conviction relief, alleging that his plea counsel rendered ineffective assistance in failing to advise him of the significant consequences of the plea. After a hearing, the post-conviction court denied the petition by finding that plea counsel was not ineffective. On appeal, the Petitioner argues that the post-conviction court erred in denying his petition, asserting that he proved his allegations by clear and convincing evidence. Upon our review, we respectfully disagree and affirm the post-conviction court’s judgment. |
Robertson | Court of Criminal Appeals | |
Brad Wigdor v. Electric Research & Manufacturing Cooperative, Inc., et al.
Brad Wigdor brings this appeal challenging the facial constitutionality of several aspects of the Workers' Compensation Reform Act of 2013. The appeal has been referred to the Special Workers' Compensation Appeals Panel pursuant to Tennessee Supreme Court Rule 51. Because we conclude that Wigdor's constitutional arguments lack merit, we affirm. |
Workers Compensation Panel | ||
Tri-State Insurance Company of Minnesota A/S/O Campus Chalet, Inc. v. East Tennessee Sprinkler Company, Inc.
This appeal stems from a dispute over a purportedly defective sprinkler system which malfunctioned, causing significant damage to Campus Chalet, Inc. (“Campus Chalet”). East Tennessee Sprinkler Company, Inc. (“ETS”) installed the system in 1992 and remained contractually responsible for subsequent inspections, testing, and maintenance of the system. On October 5, 2023, Campus Chalet’s insurance carrier filed a complaint in the Circuit Court for Washington County (the “trial court”), against ETS, alleging that the sprinkler system malfunctioned and caused significant damage to Campus Chalet. ETS filed a motion to dismiss, arguing that the complaint was time-barred by a statute of repose. The trial court granted ETS’s motion, and this appeal followed. Because we agree with the appellant that the negligence and breach of contract claims are based on ongoing failures to inspect, test, and maintain the system, we reverse. |
Court of Appeals | ||
In Re Traden R., et al.
In this parental termination case, the mother appeals the termination of her parental rights to two children. The trial court found that grounds for termination had been proven and that termination of her parental rights was in the children’s best interests. She appealed, raising several issues. We find that one ground for termination, abandonment for failure to support, was properly pled and proven by clear and convincing evidence; however, we reverse the ruling that the ground of abandonment by failure to visit had been proven. We also vacate the other grounds purportedly found by the trial court because they were not properly pled. We affirm the trial court’s determination that termination of the mother’s parental rights is in the children’s best interests. Accordingly, we affirm the termination of the mother’s parental rights. |
Montgomery | Court of Appeals | |
Kenneth Dale Carter v. Jessica Jones Fay
This appeal stems from a long-standing custody dispute between the mother and father of two minor children. The trial court entered a court-ordered parenting plan in February of 2022, but the parties experienced substantial difficulty co-parenting with one another. Numerous pleadings were filed by both parties, including a petition for modification filed by the mother in May of 2022 and motions for civil and criminal contempt filed by the father against the mother. The trial court held a hearing on all of the parties’ pending motions on April 14, 2023, and May 12, 2023. The trial court ultimately determined that no material change in circumstances occurred and left its previously ordered parenting plan and subsequent orders in place. The trial court also found the mother in civil and criminal contempt on eight counts. Further, the trial court declined any further jurisdiction over the case, as the mother and the children had resided in Florida for several years by the time the final order was entered. The father appeals, raising four issues. We affirm the trial court’s decision as to custody and contempt. While the father raises evidentiary issues, we conclude that any error by the trial court was harmless. We vacate and remand the trial court’s judgment as to continuing jurisdiction over the case. |
Greene | Court of Appeals | |
Estate of Paul David Rowe Et Al. v. Wellmont Health Systems Et Al.
Paul David Rowe was not informed of a radiology report, which revealed two masses in his kidneys indicative of renal cancer, for five years. Mr. Rowe passed away after suit was filed, but his wife, Sharon K. Rowe, both individually and as the administrator ad litem of his estate, (“Plaintiffs”) maintained a health care liability action against the allegedly negligent parties, Wellmont Health System d/b/a Wellmont Bristol Regional Medical Center (“Wellmont”), Carl W. Harris, Jr., D.O. (“Dr. Harris”), and Northeast Tennessee Emergency Physicians (“NETEP”) (collectively, “Defendants”) in the Circuit Court for Sullivan County (“the Trial Court”). Defendants filed two separate motions for summary judgment, arguing that the three-year statute of repose barred Plaintiffs’ action. Plaintiffs raised the defense of fraudulent concealment. The Trial Court granted the motions for summary judgment finding that Defendants had no actual knowledge until 2015 that Mr. Rowe had or might have had cancer in 2010, and therefore, had nothing to fraudulently conceal. Plaintiffs appealed. We affirm. |
Sullivan | Court of Appeals | |
State of Tennessee v. Bobby Daniel Pettie
A Bedford County jury found the Defendant, Bobby Daniel Pettie, guilty of possession of a firearm with the intent to go armed during the commission of a dangerous felony, among other offenses. The court then imposed a six-year sentence for this conviction after implicitly finding that the Defendant had a qualifying prior felony conviction. Thereafter, the Defendant sought to have his sentence declared illegal pursuant to Tennessee Rule of Criminal Procedure 36.1, arguing that the jury did not find that he had a qualifying prior felony conviction. The trial court denied the motion, finding that the Defendant waived the jury’s determination of the issue. The Defendant appealed to this court. Upon our review, we respectfully affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
Ajalon Elliott, et al. v. Harold Junior Monger, et al.
This appeal arises from an automobile accident. Appellants, one of the drivers and her husband, filed a complaint for negligence against appellees, the other driver and his employer. Appellees filed a motion for summary judgment, alleging that immediately preceding the collision, the appellee-driver experienced a heart attack that left him physically incapacitated and unable to control his vehicle. In granting the motion for summary judgment and dismissing the case, the trial court found that the sudden physical incapacitation doctrine provided appellees with a defense to appellants’ negligence claim. Discerning no error, we affirm. |
Shelby | Court of Appeals | |
Joseph E. Graham v. State of Tennessee
The Petitioner, Joseph E. Graham, appeals from the Montgomery County Circuit Court’s denial of post-conviction relief from his convictions for two counts of first degree felony murder, seven counts of especially aggravated kidnapping, five counts of attempted aggravated robbery, and one count of especially aggravated burglary and his effective sentence of life imprisonment plus twenty years. On appeal, the Petitioner contends that the post-conviction court erred by (1) denying relief on his ineffective assistance of counsel claim and (2) denying his motion for a continuance of the post-conviction hearing. We affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
Dora Rathbone Brown Et Al. v. James H. Fitchorn Et Al.
Pro se appellant appeals from an order to partition real property. Due to the deficiencies in the appellant’s brief, including the lack of any specific issues for appellate review, we dismiss the appeal. We also conclude the appeal is frivolous and remand for an assessment of damages. |
Cocke | Court of Appeals | |
Mickey Verchell Shanklin v. State of Tennessee
Petitioner, Mickey Verchell Shanklin, appeals the post-conviction court’s order denying his petition for post-conviction relief in which he challenged his convictions for the sale of heroin, the delivery of heroin, the sale of fentanyl, and the delivery of fentanyl and his effective sentence of thirty years of imprisonment as a Range III, persistent offender. On appeal, Petitioner asserts that trial counsel was ineffective in failing to submit the controlled substance for independent testing. Because Petitioner filed an untimely notice of appeal, we dismiss the appeal. |
Madison | Court of Criminal Appeals | |
Nedra R. Hastings v. Larry M. Hastings, Jr., et al.
The notice of appeal in this case was not timely filed. Therefore, this Court lacks jurisdiction to consider this appeal. |
Shelby | Court of Appeals |