Nathaniel Hicks, Et Al. v. Thomas Chears, Et Al.
Property owners sued lessees for possession and back rent. Lessees counterclaimed, alleging anticipatory breach, fraud, unjust enrichment, promissory estoppel, and breach of the duty of good faith and fair dealing in conjunction with a purchase option. Property owners moved for summary judgment on their claim for possession, arguing that lessees never exercised their option to purchase. In response, lessees asserted anticipatory breach. The trial court granted partial summary judgment to property owners. After a bench trial, the court dismissed the remaining counterclaims. On appeal, lessees challenge both decisions. Discerning no reversible error, we affirm. |
Davidson | Court of Appeals | |
Ernesto Perez Aguirre v. State of Tennessee
Ernesto Perez Aguirre, Petitioner, appeals from the dismissal of his petition for post-conviction relief in which he alleged that his guilty plea was unknowingly and involuntarily entered. After a thorough review, we affirm the judgment of the post-conviction court. |
Williamson | Court of Criminal Appeals | |
Doug Zukowski Ex Rel. Taylor Alexander Zukowski v. Hamilton County Department of Education
This appeal arises from a school bullying lawsuit. Doug Zukowski and Aimee Zukowski filed suit in the Circuit Court for Hamilton County (“the Trial Court”) on behalf of their son Taylor Alexander Zukowski (“Alex,” who later joined the suit in his own right after turning 18) (“Plaintiffs,” collectively) against the Hamilton County Department of Education (“Defendant”). Plaintiffs alleged that Alex was bullied while a student at Chattanooga’s Center for Creative Arts (“CCA”), a public fine arts magnet school, and that Defendant breached its duty of care to protect Alex. Plaintiffs appeal, raising a number of issues. We find that the record does not contain the requisite clear and convincing evidence necessary to overturn the Trial Court’s credibility determinations. We also find, inter alia, that the evidence does not preponderate against the Trial Court’s factual finding that Defendant’s employees responded appropriately when Alex reported to them that he was bullied. We affirm the judgment of the Trial Court. |
Hamilton | Court of Appeals | |
Timothy O'Guin v. State of Tennessee
A patient died after a fall at a state-owned rehabilitation facility. The administrator of the deceased patient’s estate filed a monetary claim against the State of Tennessee for negligently creating or maintaining a dangerous condition on real property. The State moved for summary judgment arguing that the claimant lacked sufficient evidence of causation. The Claims Commission agreed and granted summary judgment to the State. Because the claimant lacked sufficient evidence that the State’s conduct more likely than not caused the patient’s fall, we affirm. |
Court of Appeals | ||
State of Tennessee v. Dwaquille Raheem Jabal
The defendant, Dwaquille Raheem Jabal, appeals the dismissal of his motion for sentence modification, arguing that he continued to serve his sentence beyond the date he was supposed to be placed on probation and that “[i]t would be inequitable for [him] not to be credited with the probation date that he was given.” Upon our review of the record and the applicable law, we affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Matthew Thomas Dotson
Matthew Thomas Dotson (“Defendant”) appeals his Roane County convictions for first degree felony murder in the perpetration of aggravated child abuse, first degree felony murder in the perpetration of aggravated child neglect, aggravated child abuse, and aggravated child neglect, for which he received an effective sentence of life without parole. Defendant contends that: (1) the trial court erred in denying his motion to suppress his May 3, 2012, statements to law enforcement; (2) the State improperly elicited testimony from a witness regarding Defendant’s prior drug usage and the trial court abused its discretion by denying Defendant’s request for a mistrial following such testimony; (3) the trial court abused its discretion by admitting photographs of the victim into evidence; and (4) the evidence was insufficient to support his convictions. Following a thorough review, we affirm the judgments of the trial court but remand for entry of amended judgments reflecting proper merger of offenses as outlined below and for the imposition of sentences in Counts 4 and 5. |
Roane | Court of Criminal Appeals | |
Sterling Lamarr Cooper v. Shawn Phillips, Warden
The Petitioner, Sterling Lamarr Cooper, appeals the summary dismissal of his petition for writ of habeas corpus. Discerning no error, we affirm the judgment of the habeas corpus court. |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. Quinton Cage
The petitioner, Quinton Cage, appeals the Montgomery County Circuit Court’s summary dismissal of his motion to correct an illegal sentence, filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Also before us is the petitioner’s motion, filed pursuant to Tennessee Rule of Appellate Procedure 14, to consider post-judgment facts. Because the petitioner’s claim of a double jeopardy violation is not cognizable in a Rule 36.1 motion, we affirm the trial court’s summary dismissal of the motion to correct an illegal sentence. Furthermore, because the post-judgment facts posited by the petitioner do not relate to actions that occurred after the judgment in this case, we deny the petitioner’s motion to consider post-judgment facts. |
Montgomery | Court of Criminal Appeals | |
Darrell Wayne Bumpas v. State of Tennessee
Petitioner, Darrell Wayne Bumpas, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in concluding that he received effective assistance of counsel. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Maurice "Ricky" Blocker
Petitioner, Maurice “Ricky” Blocker, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in finding effective assistance of counsel at both trial and on appeal. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Joseph Riccardi v. Carl Little Construction Company, Inc Et Al.
Plaintiff Joseph Riccardi brought this action for negligent construction of his residence against Carl Little Construction Company (“Defendant”), builder of the residence, and the Bridgewater Condominiums Property Owners Association (“Bridgewater POA”). He alleged that Defendant negligently built the residence on non-compacted fill dirt, causing structural and cosmetic damages to the residence. Plaintiff alleged that Bridgewater POA was contractually responsible for repairs to the exterior of the residence. The trial court granted summary judgment to Defendant based on its finding that the statutes of limitation and repose had run. The court held that Bridgewater POA was liable for repairs to the porches and patios of the property, but not the foundation or the cracks in the interior. We vacate summary judgment against Defendant, finding that Plaintiff presented evidence sufficient to establish genuine issues of material fact regarding when Plaintiff’s cause of action accrued and whether Defendant fraudulently concealed the defects in the residence. We affirm the judgment against Bridgewater POA. |
Washington | Court of Appeals | |
State of Tennessee v. Torijon Coplin
A jury convicted the Defendant, Torijon Coplin, of aggravated assault and tampering with evidence, and he received an effective sentence of four years suspended to supervised probation after eleven months and twenty-nine days of service. On appeal, the Defendant challenges the sufficiency of the evidence supporting his convictions and argues the trial court erred in charging the jury as to criminal responsibility. Because the criminal responsibility charge did not include the natural and probable consequences requirement and because the error was not harmless beyond a reasonable doubt as to the tampering with evidence conviction, we reverse the conviction for tampering with evidence and remand for further proceedings. The judgments are otherwise affirmed. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Torijon Coplin - Concur in Part/Dissent in Part
J. ROSS DYER, J., concurring in part and dissenting in part. While I agree with the majority’s conclusion that the criminal responsibility instruction in the instant matter was deficient, I respectfully dissent from the majority’s conclusion that the proof presented at trial is not sufficient to support a determination that the error was harmless beyond a reasonable doubt. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Terry Newsom
A Madison County jury convicted the Defendant, Terry Newsom, of evading arrest, reckless endangerment, and driving with a suspended license. The trial court imposed an effective three-year sentence to be served in the Tennessee Department of Correction and ordered the Defendant to pay the fines imposed by the jury. On appeal, the Defendant argues that the evidence was insufficient to support his conviction for reckless endangerment, that the trial court erred when it sentenced him, and that the fines were improperly imposed. After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Madison | Court of Criminal Appeals | |
Terrence Lewis v. State of Tennessee
Terrence Lewis, Petitioner, appeals after the trial court denied post-conviction relief and dismissed his post-conviction petition in which he alleged that he received ineffective assistance of counsel at trial. Because Petitioner failed to prove his allegations by clear and convincing evidence, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Ginger Lougene Hutsell Denton v. Steven Lee Denton
This appeal arises from a divorce. Acting pro se, the former husband fails to present an issue for this Court to review. Because his brief falls well short of the requirements of both the Tennessee Rules of Appellate Procedure and the rules of this Court, we dismiss the appeal. |
Jefferson | Court of Appeals | |
State of Tennessee v. Sharod Winford Moore
The Defendant, Sharod Winford Moore, was convicted by a jury of first degree premeditated murder and sentenced to life imprisonment. In the first direct appeal, this court found that the evidence was sufficient to sustain the conviction but that the Defendant waived all other issues for failure to file a timely motion for new trial. The Defendant was subsequently granted a delayed appeal. He now argues that (1) the trial court erred in allowing the State to present unfairly prejudicial evidence of his alleged gang membership, (2) the State engaged in prosecutorial misconduct by making inflammatory and prejudicial remarks about his alleged gang membership in closing argument, (3) the trial court erred in not allowing evidence of the victim’s propensity for intoxication and violence, and (4) the trial court erred in determining that a State’s intellectually disabled witness was competent to testify. We affirm the conviction. |
Marshall | Court of Criminal Appeals | |
Tywan Sykes v. James Berrong Et Al.
Because the notice of appeal in this case was not timely filed this Court lacks jurisdiction to consider this appeal. |
Blount | Court of Appeals | |
Michael Murphy v. Richard Sarta Et Al.
Following a judgment in their favor in a personal injury action, the defendants were granted an award of discretionary costs in the amount of $3,499.81. Appellant appeals, raising several arguments in opposition to the costs awarded. Because many of Appellant’s arguments were not properly raised in the trial court, and the trial court did not abuse its discretion on the remaining issues, we affirm. |
Hamblen | Court of Appeals | |
Arthur Jack Shipley v. Christa Elise Shipley
Because the notice of appeal in this case was not timely filed this Court lacks jurisdiction to consider this appeal. |
Hamilton | Court of Appeals | |
State of Tennessee v. Tracy Lynn Harris
Pro-se petitioner, Tracy Lynn Harris, appeals from the Carroll County Circuit Court’s summary dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the trial court. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. The City of Greeneville, TN et al.
A police officer appealed his termination by the Town of Greeneville to the Greeneville Civil Service Board, which upheld it. Appellant then appealed to the trial court, which also upheld the termination. Because we conclude that the record lacks information necessary to conduct appellate review, we vacate the trial court’s judgment and remand the case to the Board for further proceedings. |
Greene | Court of Appeals | |
Kelly Turner et al. v. WW Steeplechase, LLC. et al.
The issues on appeal arise from a personal injury action commenced by two tenants of an apartment complex against the owner of the complex and the property management company. The complaint alleged that one of the plaintiffs fell through an inadequately supported floor vent in the master bedroom of their apartment. The plaintiffs asserted that the management company should have discovered the defective condition while conducting maintenance and repairs on the apartment. The trial court summarily dismissed the complaint after finding the undisputed facts showed the defect was concealed and the management company had no duty to test the vent’s structural integrity. Prior to entry of a final judgment, the plaintiffs then filed an amended complaint based on negligence per se against only the management company. The plaintiffs asserted that a local building code established a minimum live load for apartment floors. The court dismissed the amended complaint after finding the building code did not apply. We affirm. |
Knox | Court of Appeals | |
State of Tennessee v. Angela Kilgore
The Defendant, Angela Kilgore, was convicted by a jury of first degree premeditated murder, first degree felony murder, especially aggravated robbery, aggravated arson, and theft of property valued $2,500 or more but less than $10,000. After merging the felony murder conviction into the premeditated murder conviction, the trial court sentenced the Defendant to an effective term of life plus eighty years in the Department of Correction. On appeal, the Defendant argues that the trial court erred by overruling her motion to suppress the results of the search of her pickup truck, the evidence was insufficient to sustain her convictions for first degree murder, aggravated arson and especially aggravated robbery, her dual convictions for especially aggravated robbery and theft violate principles of double jeopardy, and the trial court erred in ordering consecutive sentences. We affirm the judgments of the trial court but remand for a corrected judgment in count six to reflect that the theft conviction merges into the conviction for especially aggravated robbery. |
Marion | Court of Criminal Appeals | |
State of Tennessee v. Justin Case Jenkins
The defendant, Justin Case Jenkins, appeals the Madison County Circuit Court’s imposition of an effective 16-year sentence and $9,820.35 in restitution for his guiltypleaded convictions of burglary, theft, vandalism, identity theft, felony evading arrest, and various driving offenses. We affirm the imposition of consecutive sentences but, because the trial court failed to comply with the statutory requirements in ordering restitution, we reverse the restitution orders and remand for a new restitution hearing. |
Madison | Court of Criminal Appeals |