Michael Kevin Upchurch v. Sullivan County Department Of Education
A vocational teacher sued his former employer, a county department of education, alleging that the department’s intentional failure to remediate mold contamination at the high school where he taught caused him to suffer long-term detrimental health effects and emotional distress. The trial court dismissed the teacher’s claims pursuant to Tennessee Rule of Civil Procedure 12.02(6), finding that the Tennessee Workers’ Compensation Law, Tennessee Code Annotated section 50-6-101 et seq., provided the exclusive remedy for the acts alleged in the complaint and that the allegations therein failed to state a claim upon which relief can be granted under the statutory framework. Upon our review of the pleadings, we affirm the trial court’s judgment |
Sullivan | Court of Appeals | |
State of Tennessee v. Charles Griffin
A jury convicted the Defendant, Charles Griffin, of first degree felony murder for a shooting committed during the course of a robbery. The Defendant appeals his conviction, arguing that the evidence presented at trial was insufficient to convict him of first degree felony murder, that the trial court abused its discretion in allowing the State to introduce as evidence a photograph of the victim taken during the victim’s lifetime, and that the court erred in denying his motion for DNA testing and a continuance. After review of the record, we affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals | |
Colin D. Savage v. State of Tennessee
The Petitioner, Colin D. Savage, appeals the Montgomery County Circuit Court’s denial of his petition for post-conviction relief, arguing that he received ineffective assistance of counsel. After review, we affirm the post-conviction court’s judgment. |
Montgomery | Court of Criminal Appeals | |
John Pearson v. Memphis Light Gas & Water Division
Plaintiff-Appellant John Pearson appeals the decision of the Court of Workers’ Compensation declining to award him benefits for a spinal cord injury allegedly sustained during the course and scope of his employment. The trial court held that Mr. Pearson’s claim was barred by the applicable statute of limitations and, alternatively, that he had failed to prove that his job installing streetlights was the actual and proximate cause of his injury. The 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 pursuant to Tennessee Supreme Court Rule 51. Because we conclude that Mr. Pearson filed his petition more than one year after he discovered his injury, the statute of limitations bars his claim. We therefore affirm the judgment of the trial court. |
Workers Compensation Panel | ||
State of Tennessee v. Colton Davon Hatchett
A jury convicted the Defendant, Colton Davon Hatchett, of the sale of 0.5 grams or more of methamphetamine and the delivery of 0.5 grams or more of methamphetamine. The trial court sentenced the Defendant to fifteen years as a Range II, multiple offender for each conviction, merged the convictions, and ordered the Defendant to serve his sentence consecutively to his sentence for a prior conviction. On appeal, the Defendant challenges the sufficiency of the evidence to support his convictions and the trial court’s imposition of consecutive sentences. We affirm the judgments of the trial court. |
Henderson | Court of Criminal Appeals | |
In Re Hayden F.
The trial court terminated a mother’s parental rights to her children on the grounds of (1) abandonment by willful failure to visit, (2) abandonment by willful failure to support, and (3) persistence of conditions. The trial court also found that termination of the mother’s parental rights was in the best interest of the children. Although we reverse one of the termination grounds, we affirm the trial court’s conclusion that clear and convincing evidence supports a finding of abandonment by willful failure to support and a finding of persistence of conditions. We also affirm the trial court’s determination that the termination of the mother’s rights is in the best interest of the children. |
Bradley | Court of Appeals | |
Kevin French v. State of Tennessee
The Petitioner, Kevin L. French, appeals the denial of his petition for post-conviction relief from his convictions for first-degree premeditated murder, first-degree felony murder, and especially aggravated robbery. On appeal, he argues that: (1) he received ineffective assistance of counsel at trial and on appeal; (2) the State committed prosecutorial misconduct; (3) the State committed a Brady violation; and (4) he is actually innocent. After review, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
Dwight Morisch v. Ryann Maenner, et al.
A grandfather filed a petition to obtain visitation with his grandchild. The trial court granted the petitioner relief, and the child’s mother appeals. The grandfather did not allege, and the proof did not establish, that the mother had opposed or severely reduced the grandfather’s visitation before the petition was filed. We, therefore, reverse the trial court’s judgment and dismiss the case. |
Haywood | Court of Appeals | |
Dwight Morisch v. Ryann Maenner, et al. - Dissent
Respectfully, I must dissent from the majority’s decision to reverse the trial court’s order granting visitation to the grandfather in this case. At the outset, I emphasize that the scope of this appeal is very narrow. On appeal, Mother raised only the issues of whether she had opposed visitation and whether Grandfather had proven that severance of the relationship with the child would occasion substantial harm to the child. |
Haywood | Court of Appeals | |
State of Tennessee v. Ricky L. Helmick, Jr.
The defendant, Ricky L. Helmick, Jr., appeals his Hamblen County Criminal Court jury convictions of theft of property valued at more than $1,000 but not more than $2,500 and aggravated kidnapping to facilitate theft, arguing that the evidence was insufficient to support his convictions. Discerning no error, we affirm. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. John Curtis Perry Sr. and Ashley N. Hankins
The Defendants, John Curtis Perry, Sr., and Ashley Nicole Hankins, appeal their convictions for three counts of felony murder for which they were sentenced to life imprisonment. On appeal, the Defendants, either individually or collectively, argue that: (1) the evidence is insufficient to support the convictions; (2) the trial court erred in granting and denying various requests to continue the trial; (3) the trial court erroneously admitted evidence of prior bad acts; (4) the trial court erred in limiting the crossexamination of a witness; (5) the trial court erred in excluding a co-defendant’s statement; (6) the trial court erred in instructing the jury regarding the concealment and destruction of evidence; (7) the prosecutor made improper comments during rebuttal closing arguments; and (8) cumulative error warrants relief. Upon reviewing the record, the parties’ briefs, and the applicable law, we affirm the judgments of the trial court. However, we remand for entry of corrected judgments reflecting merger of the felony murder convictions into one conviction for each of the Defendants. |
Stewart | Court of Criminal Appeals | |
Ricky L. Boren, et al. v. Hill Boren, PC, et al.
This appeal involves several raised issues surrounding the ownership of the Hill Boren, PC law firm. Because the record transmitted to us on appeal evidences the lack of a final judgment, we dismiss the appeal for lack of subject matter jurisdiction. |
Madison | Court of Appeals | |
In Re Sylvia H.
A father challenges the trial court’s decision terminating his parental rights on the grounds of abandonment by wanton disregard and failure to manifest an ability and willingness to personally assume custody or financial responsibility. He further asserts that the trial court erred in finding that termination of his rights is in the child’s best interest. After reviewing the record on appeal, we have concluded that clear and convincing evidence supports the trial court’s decision in all respects. |
Claiborne | Court of Appeals | |
State of Tennessee v. Robert E. Huse
The Dickson County Grand Jury charged Defendant, Robert E. Huse, with aggravated child abuse and first degree felony murder in connection with the death of his infant son, G.S. Prior to trial, the State filed a notice of intent to introduce prior bad act evidence that Defendant abused another child four years before the victim’s death. Against Defendant’s repeated objections, the trial court allowed the admission of the prior bad act evidence for the purposes of establishing intent, identity, and common scheme or plan. Following trial, the jury convicted Defendant as charged, and the trial court sentenced Defendant to life for first degree felony murder and to a concurrent term of fifteen years for aggravated child abuse. On appeal, Defendant argues that the evidence was insufficient to support his convictions and that the trial court erred in admitting the prior bad act evidence, which prejudiced him. Following a thorough review of the record and applicable case law, we conclude that the trial court abused its discretion by admitting the prior bad act evidence and that this error prejudiced Defendant. Therefore, we reverse the judgments of the trial court and remand for a new trial consistent with this opinion. |
Dickson | Court of Criminal Appeals | |
Arthur Woods v. Adam Arthur, M.D., et al.
This appeal concerns the dismissal of a health care liability action for failure to comply with a pre-suit notice content requirement in Tenn. Code Ann. § 26-29-121(a)(2). The trial court determined that the plaintiff failed to provide the defendant doctors and hospital with medical authorization forms that would permit pre-suit investigation of his claims. The plaintiff contends the dismissal was unwarranted because the medical authorizations substantially complied with the statute and the defendants already had the relevant records. The defendants argue that the forms were invalid because they lacked several required elements, including a description of the purpose for which the records could be disclosed and used. We affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Ronald Lyons, James Michael Usinger, Lee Harold Cromwell, Austin Gary Cooper, and Christopher Alan Hauser
Ronald Lyons, James Michael Usinger, Lee Harold Cromwell, Austin Gary Cooper, and Christopher Alan Hauser, Defendants, were named in a 302-count indictment by the Davidson County Grand Jury for multiple counts of forgery and fraudulently filing a lien for their role in filing a total of 102 liens against 42 different individuals with the office of the Tennessee Secretary of State. Defendant Cooper was also named in a second indictment for five additional counts of forgery and five additional counts of fraudulently filing a lien. Prior to trial, Defendant Hauser filed a motion to dismiss for improper venue. Defendants Cromwell and Cooper joined in the motion. The trial court denied the motion after a hearing. After a jury trial, each defendant was convicted as charged in the indictment. The trial court sentenced Defendant Cromwell to an effective sentence of twenty-five years; Defendant Cooper to an effective sentence of fifty years; Defendant Lyons to an effective sentence of twenty-two years; Defendant Usinger to an effective sentence of twenty-one years; and Defendant Hauser to an effective sentence of twenty years. After motions for new trial and several amended motions for new trial were filed, the trial court held a hearing. The trial court denied the motions in a lengthy and thorough written order. Each defendant appealed, raising various issues challenging their convictions and sentences. After deep review, we affirm the all judgments and all sentences. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael Patrick Sullivan and Deborah Clark Buckner, Alias
The Defendants, Michael Patrick Sullivan and Debra Clark Buckner, alias, appeal from their Knox County Criminal Court convictions for animal cruelty, for which they each received an effective sentence of eleven months, twenty-nine days, suspended to supervised probation. On appeal, the Defendants argue that Tennessee Code Annotated section 39-14-211 requiring a probable cause determination by a qualified livestock examiner is a condition precedent to an animal cruelty conviction and that the evidence was insufficient to establish the examiner’s qualifications in this case. Following our review, we conclude relative to co-defendant Sullivan that this court is without jurisdiction to consider his appeal because he was granted judicial diversion. Relative to co-defendant Buckner, we affirm. |
Knox | Court of Criminal Appeals | |
Progressive Specialty Insurance Company v. Jee Yun Kim, Et Al.
After being injured in a car accident, a man filed a negligence lawsuit against several defendants, including the driver of the vehicle and the company that employed the driver. The insurance company that provided insurance coverage to the company in Alabama filed a declaratory judgment action seeking a determination of whether the policy provided liability coverage for the company in the underlying tort action. After the insurance company and the plaintiff in the underlying tort action filed cross-motions for summary judgment, the trial court granted summary judgment to the insurance company based on respondeat superior principles. We conclude that the trial court erred in granting summary judgment to the insurance company because, under Alabama law, the policy provided liability coverage for the company at the time the accident occurred. |
Montgomery | Court of Appeals | |
At-Last, Inc. d/b/a Blackwatch Investigation and Mitigation v. Terry Glen Buckley, et al.
This case involves a company’s claim for attorneys’ fees and expenses for the alleged breach of a non-compete agreement by its former employee. After a temporary injunction hearing, the trial court determined that the former employee breached the agreement and granted the company a temporary injunction. The court did not consolidate the hearing on the merits under Tennessee Rule of Civil Procedure 65.04(7). Later, the claims were voluntarily dismissed, and the trial court awarded the company attorneys’ fees and expenses under the “Remedies” section of the parties’ agreement. The former employee appealed the trial court’s decision to grant the company attorneys’ fees and expenses. We reverse the trial court’s award and remand. |
Shelby | Court of Appeals | |
State of Tennessee v. Torsaunt Lamont Shanklin
The Defendant, Torsaunt Lamont Shanklin, was charged with drug and firearm offenses after those items were discovered during a search of his motel room. The Defendant filed a motion to suppress the evidence, arguing that the officers lacked probable cause for a search warrant based solely on the smell of marijuana coming from the room. The trial court denied the suppression motion. A jury convicted the Defendant of one count each of possession with the intent to manufacture, sell, or deliver twenty-six grams or more of cocaine, simple possession of marijuana, possession of drug paraphernalia, and possession of a firearm during the commission of or attempt to commit a dangerous felony, as well as three alternative counts of possession of a firearm by a convicted felon. He received an effective thirty-five-year sentence. On appeal, the Defendant challenges the denial of his motion to suppress. After a thorough review of the record, we conclude that the Defendant is not entitled to suppression of the evidence, which was seized pursuant to a valid search warrant. Accordingly, we affirm the trial court’s judgments. However, we remand this case for entry of corrected judgment forms as detailed in this opinion. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Kellum Jordan Williams and Kevin Raynard Forman
A Montgomery County jury convicted the defendants, Kellum Jordan Williams and Kevin Raynard Forman, of first degree premeditated murder, first degree felony murder, and especially aggravated kidnapping. The trial court merged the defendants’ convictions for premeditated murder and felony murder and imposed a sentence of life without the possibility of parole. The trial court imposed a sentence of twenty-five years for especially aggravated kidnapping to be served consecutively to the murder sentence. On appeal, both defendants challenge the sufficiency of the evidence. Defendant Williams also challenges the length of his sentence. Defendant Forman raises additional issues, asserting that the trial court erred when it: (1) denied his motion to sever; (2) denied his motion to suppress; and (3) admitted evidence in violation of Tennessee Rule of Evidence 404(b). After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Montgomery | Court of Criminal Appeals | |
Jeffrey Garner v. Goodyear Tire & Rubber Company
Employee filed a claim for workers’ compensation benefits alleging he sustained high-frequency hearing loss during his employment with Employer. Employer disputed both causation and the method used by Employee’s physician’s to ascertain anatomical impairment. After considering the proof, the trial court determined the hearing loss was caused by Employee’s employment and awarded benefits. Employer has appealed, arguing Employee’s hearing loss was not primarily caused by his employment and contending the trial court erred in adopting an anatomical impairment rating method not “used and accepted by the medical community.” The 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 pursuant to Tennessee Supreme Court Rule 51. We affirm the chancery court’s causation findings but we reverse the judgment in all other respects. |
Obion | Workers Compensation Panel | |
In Re: Azhianne G.
The trial court found that the minor child, Azhianne G. (“the Child”), was dependent and neglected in his mother’s care. The trial court also determined that the Child had been severely abused based upon his disclosures of sexual abuse perpetrated by his mother. The mother has appealed. Discerning no reversible error, we affirm. |
Anderson | Court of Appeals | |
Estate of L. Frank Southerland v. Joshua Soller, Et Al.
The notice of appeal filed by the appellant, Joshua Soller, stated that Mr. Soller was appealing the trial court’s order entered on November 12, 2020. Because the order from which Mr. Soller has appealed is not a final appealable judgment, this Court lacks jurisdiction to consider this appeal. |
Hamblen | Court of Appeals | |
John Raymond Kautz v. Doris Diane Kautz Berberich
This appeal concerns a divorce. John Raymond Kautz (“Husband”) sued Doris Diane Kautz Berberich (“Wife”) for divorce in the Circuit Court for Polk County (“the Trial Court”). The parties entered into a marital dissolution agreement (“the MDA”), which the Trial Court approved in its final decree of divorce. Some years later, Wife filed a petition pursuant to Tenn. R. Civ. P. 60.02 seeking relief from the judgment on grounds that Husband failed to disclose certain assets. The Trial Court granted Wife’s motion. However, after a subsequent hearing, the Trial Court found that while Husband later hinted to Wife he had more assets than he disclosed, he actually had not concealed any valuable assets not already known to Wife. The Trial Court reinstated the MDA with certain amendments. Wife appeals. We decline to re-evaluate the Trial Court’s implicit credibility determinations, and the evidence does not preponderate against the Trial Court’s finding that Wife was aware of the valuable marital assets at the time the MDA was executed. We affirm. |
Polk | Court of Appeals |