Timothy Dunn, Sr. v. State of Tennessee
The Petitioner, Timothy Dunn, Sr., appeals from the Robertson County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner contends that his trial counsel was ineffective in failing to explain to the Petitioner the possible sentence he could receive if convicted at trial. Discerning no error, we affirm the judgment of the post conviction court. |
Robertson | Court of Criminal Appeals | |
Robert D. Palmer, Jr. Et Al. v. Wayne Eric Colvard Et Al.
This case arises from the death of Robert D. Palmer, Sr. (“Decedent”). Prior to his death, Decedent entered into a contract with Wayne Eric Colvard and Wayne Eugene Colvard (collectively “Defendants”) for the sale of his tax preparation business. Decedent’s children, Robert Dean Palmer, Jr. and Suzanne Johnson (collectively “Plaintiffs”), filed suit against Defendants in their alleged capacities as personal representatives of Decedent’s estate for breach of contract, fraud, and unjust enrichment relating to the sale. The details of the complaint are not at issue in this appeal. |
Hamilton | Court of Appeals | |
Michael Cobble Et Al. v. Greene County, Tennessee Et Al.
This case involves an action by the petitioner landowners disputing the grant of a zoning variance to their neighbors, the respondent landowners, for the construction of a carport. In a previous appeal, this Court reversed the respondent county zoning board’s grant of the variance and remanded to the trial court for collection of costs and “further proceedings consistent with this [Court’s] Opinion.” See Cobble v. Greene Cty., 559 S.W.3d 118, 127 (Tenn. Ct. App. 2017), perm. app. denied (Tenn. May 16, 2018) (“Cobble I”). Our Supreme Court subsequently denied the county’s and zoning board’s application for permission to appeal, and this Court issued a mandate on the same day. On September 4, 2018, the petitioners filed a motion for discretionary costs. The county and the zoning board filed a response, asserting that the motion for discretionary costs was untimely pursuant to Tennessee Rule of Civil Procedure 54.04(2). The respondent landowners also filed a response objecting to the motion. Upon finding that this Court’s mandate was dispositive of all issues and that the petitioners had failed to file their motion within the thirty days allowed by Rule 54.04(2), the trial court entered an order denying the motion for discretionary costs. The petitioners have appealed. Discerning no reversible error, we affirm. |
Greene | Court of Appeals | |
Antonio Terrell Pewitte v. State of Tennessee
The Petitioner, Antonio Terrell Pewitte, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2015 conviction for aggravated child neglect and his twenty-year sentence. The Petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Austin Andrew Morse
Defendant, Austin Andrew Morse, was indicted by the Davidson County Grand Jury for six counts of aggravated child abuse, four counts of aggravated child neglect, and four counts of aggravated child endangerment. Pursuant to a plea agreement, Defendant pleaded guilty to two counts of aggravated child neglect. The remaining counts were dismissed. It was agreed that Defendant’s sentences would be served concurrently with a 70 percent release eligibility date. The trial court would determine the length of the sentences. Following a sentencing hearing, the trial court imposed sentences of 19 and 21 years for Defendant’s convictions. In this appeal as of right, Defendant contends that the trial court abused its discretion in imposing the length of his sentences. Having reviewed the entire record and the briefs of both parties, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jordan Clayton, Carlos Stokes, and Branden Brookins
Defendants, Jordan Clayton, Carlos Stokes, and Branden Brookins, were convicted of first degree murder, conspiracy to commit first degree murder, attempt to commit first degree murder, two counts of employing a firearm during the commission of a dangerous felony, and reckless endangerment after a jury found them guilty of the murder of a seven-year-old female child. Defendant Clayton was also convicted of being a felon in possession of a firearm. On appeal, Defendants challenge the trial court’s refusal to sever the cases for trial, the admissibility of a recording of a preliminary hearing and a written statement of a witness with memory loss, and the sufficiency of the evidence. We determine that the trial court did not abuse its discretion by denying a motion to sever or by admitting the preliminary hearing recording and written statement into evidence. Additionally, we determine that the evidence was sufficient to support the convictions. Consequently, we affirm the judgments of the trial court with respect to the convictions for first degree murder, attempted first degree murder, employing a firearm during the commission of a dangerous felony, and reckless endangerment. However, we reverse the judgments of the trial court with respect to the conspiracy to commit first degree murder convictions because the trial court improperly merged the conspiracy convictions with the first degree murder convictions. On remand, the trial court should reinstate the judgments for conspiracy to commit first degree murder. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Shalonda Renee Pettus
The defendant, Shalonda Renee Pettus, entered an open plea to aggravated child neglect, and the trial court sentenced her to fifteen years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court improperly weighed enhancement factor (1). After reviewing the record and considering the applicable law, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Donna L. Stearns-Smith v. James Ronnie Smith
After Wife filed for divorce from her husband, the parties stipulated to an equitable division of personal property and to the grounds for divorce. The court conducted a trial to resolve questions surrounding the classification and division of two parcels of improved real property and Wife’s requests for alimony and attorney’s fees. The trial court determined one parcel of real property was separate property while the other was marital and provided for its division. The court also awarded Wife alimony in solido and attorney’s fees. On appeal, Husband challenges the classification and division of the real property and the awards of alimony and attorney’s fees. We conclude that the court erred in calculating the amounts due from Husband to Wife to accomplish its division of marital property, so we modify the judgment in that respect. Otherwise, because of a failure to fully comply with Rule 7 of the Rules of the Court of Appeals of Tennessee, Husband’s issues related to the classification, valuation, and division of property are deemed waived. As to the remaining issues, we affirm the award of lump sum alimony in solido but reverse the award of attorney’s fees as alimony in solido. |
Bedford | Court of Appeals | |
Bernie Ray McGill v. State of Tennessee
The Petitioner, Bernie Ray McGill, appeals the Knox County Criminal Court’s denial of his petition for post-conviction relief from his conviction of aggravated assault and tenyear sentence. On appeal, he contends that the post-conviction court erred by finding that his petition was barred by the statute of limitations because due process required that the statute of limitations be tolled. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Maurice Pinson v. David Kent DeBoer M.D. Et Al.
Appeal of an award of discretionary costs to Defendants in healthcare liability action that had been voluntarily dismissed. The trial court initially awarded Defendants, inter alia, expert witness fees for medical providers who had treated Plaintiff, expenses for videotaped depositions, and costs for the travel time and deposition preparation time for Plaintiff’s vocational expert. On Plaintiff’s motion, the court modified the award to exclude videographer expenses, expenses attendant to the vocational expert’s deposition, and other court reporter expenses. We modify the award to exclude the witness fees for the providers who treated Plaintiff and to include the court reporter fee for the deposition of Plaintiff’s vocational expert; vacate the portion of the award that reduces the amount of court reporter fees and expenses and remand the case for reconsideration of the award; and reverse the order to the extent it requires the Plaintiff to post a bond or pay discretionary costs prior to re-filing the suit. |
Davidson | Court of Appeals | |
Amber Ada Hernandez v. David Alan Hernandez
This appeal involves a petition for modification of a permanent parenting plan. The initial permanent parenting plan order was entered by the McNairy County General Sessions Court (“trial court”) in October 2006. In November 2016, the father filed a petition in the trial court, alleging that a material change in circumstance had occurred due to the mother’s having been charged with aggravated statutory rape. The father concomitantly filed a petition requesting a temporary injunction granting him “emergency custody” and suspending the mother’s co-parenting time. The mother filed a motion to dismiss the petitions, alleging that the trial court lacked subject matter jurisdiction because the parties and the child all resided outside of Tennessee. In December 2016, the trial court entered an “Order for Visitation,” inter alia, modifying the father’s holiday co-parenting time and directing that the mother’s co-parenting time be supervised by her stepmother. Following a bench trial, the trial court granted the mother’s motion to dismiss for lack of subject matter jurisdiction pursuant to Tennessee Code Annotated § 36-6-217 (2017) of the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”). The father has appealed. We affirm with one modification to the final judgment to clarify that with the trial court’s dismissal of this action, the December 2016 temporary order was no longer of any effect. |
McNairy | Court of Appeals | |
State of Tennessee v. Danny D. Keen
A Wilson County jury convicted the defendant, Danny D. Keen, of aggravated robbery, and the trial court imposed a sentence of eight years in confinement. On appeal, the defendant challenges the sufficiency of the evidence to support his conviction. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Charles Sinclair Hodge
A Davidson County Criminal Court Jury convicted the Appellant, Charles Sinclair Hodge, of aggravated assault resulting in death and criminally negligent homicide, and the trial court ordered him to serve two years in confinement for criminally negligent homicide and five years on supervised probation for aggravated assault after completing the two-year sentence. The trial court then merged the convictions. On appeal, the Appellant contends that the trial court’s sentencing him for both convictions and entering two separate judgments of conviction violate double jeopardy principles. Based upon the record and the parties’ briefs, we conclude that the trial court properly entered two separate judgments of conviction as required by our supreme court; however, the case must be remanded to the trial court because of errors in sentencing. |
Davidson | Court of Criminal Appeals | |
The Parking Guys, Inc. v. Metropolitan Government Of Nashville & Davidson County, Tennessee Ex Rel Traffic & Parking Commission
This appeal concerns the denial of a valet parking permit. The Parking Guys, Inc. (“Parking Guys”) sought a permit for valet parking from the Traffic and Parking Commission (“the Commission”) of the Metropolitan Government of Nashville and Davidson County (“Metro”). Despite a study reflecting no traffic problems caused by Parking Guys’ activities, the Commission denied the permit. Parking Guys then filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County (“the Trial Court”). The Trial Court found that, notwithstanding the study, the Commission’s decision was supported by material evidence including the firsthand observations of local business owners. The Trial Court also denied a petition to intervene filed by Linda Schipani (“Schipani”), an individual sued by Parking Guys in federal court for allegedly conspiring to deny the permit. Parking Guys appeals to this Court, as does Schipani still seeking to intervene. Parking Guys argues that the Commission’s decision was based on politics rather than material evidence. Schipani, for her part, argues she has a special interest in this case warranting her intervention because of the federal suit filed against her even though it has been dismissed. We hold that the Commission’s decision was supported by material evidence. We further find no reversible error in the Trial Court’s decision to deny Schipani’s motion to intervene. We affirm the judgment of the Trial Court. |
Davidson | Court of Appeals | |
Toni Barrios, Et Al. v. Charlie Simpkins, Et Al.
The plaintiffs filed a complaint against the defendants for trespass and sought a declaration of the boundary line between the two properties, among other things. Following discovery, the defendants moved for summary judgment on the grounds that a prior case involving the plaintiffs and the prior owner of the defendants’ property had established the boundary line between the two properties. The trial court granted the defendants’ motion. The plaintiffs appeal. We reverse the court’s decision and remand for it to hear evidence and to establish the boundary line between the two properties. |
Cheatham | Court of Appeals | |
State of Tennessee v. Cedric Dante Harris
Defendant, Cedric Dante Harris, was convicted of possession of 0.5 grams or more of methamphetamine with intent to deliver, simple possession of marijuana, and tampering with evidence. He appeals, arguing that the evidence was insufficient to support his convictions. After carefully reviewing the record, we conclude that the evidence was sufficient. Accordingly, the judgments of the trial court are affirmed. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Bobby Lewis Parks
The defendant, Bobby Lewis Parks, entered an open plea to two counts of sale of 0.5 grams or more of cocaine, two counts of delivery of 0.5 grams or more of cocaine, one count of sale of less than 0.5 grams of cocaine, and one count of delivery of less than 0.5 grams of cocaine. The trial court sentenced the defendant to an effective sentence of thirty years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the sentence imposed by the trial court was excessive. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Kelvin Dewayne Golden
A Madison County jury convicted the defendant, Kelvin Dewayne Golden, of aggravated sexual battery, and the trial court imposed a sentence of ten years’ confinement. On appeal, the defendant challenges the sufficiency of the evidence to support his conviction and argues the sentence imposed by the trial court was excessive. After reviewing the record and considering the applicable law, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Luis A. Meza Olivera
The Defendant, Luis A. Meza Olivera, was convicted by a jury of two counts of aggravated assault, a Class C felony; and three counts of aggravated kidnapping, a Class B felony. See Tenn. Code Ann. §§ 39-13-102, -304. The trial court merged the convictions into one count of aggravated assault and one count of aggravated kidnapping. The trial court then imposed a total effective sentence of twelve years. On appeal, the Defendant contends that (1) the evidence was insufficient to sustain his convictions; (2) the trial court erred in admitting evidence of three prior incidents of domestic violence involving the Defendant and the victim; (3) the trial court erred in allowing a child witness to testify by closed circuit television; (4) the trial court erred in excluding a video recording taken after the offenses were committed; (5) the trial court abused its discretion by imposing the maximum sentence for each conviction; and (6) a new trial is warranted due to cumulative error.1 Following our review, we affirm the judgments of the trial court. |
Washington | Court of Criminal Appeals | |
Eric Thomas v. State of Tennessee
The Petitioner, Eric Thomas, appeals the Davidson County Criminal Court’s denial of his third petition for habeas corpus relief challenging his 1999 convictions for robbery and the resulting thirty-two-year and one-day sentence. He contends that he is being illegally detained because amended judgments of convictions were never entered following resentencing and that absent entry of valid judgment forms imposing his restraint, his six-year sentences have expired. The habeas corpus court concluded that the Petitioner had failed to state a cognizable claim for relief. We affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Darryl Rene Morgan
The State of Tennessee appeals the Knox County Criminal Court’s order granting the Defendant’s motion to suppress, which resulted in the dismissal of the case. On appeal, the State contends that the trial court erred because the warrantless search of the Defendant was conducted pursuant to probable cause and exigent circumstances. We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Darryl Rene Morgan - dissenting
I respectfully disagree with the majority’s decision to affirm the trial court’s order of suppression of evidence. In particular, I would not have reviewed a theory of exigent circumstances in determining that the warrantless search of the defendant’s person was illegal. Rather, I believe that the search-incident-to-arrest rationale undergirds the search in this case and requires a reversal of the trial court’s ruling. |
Knox | Court of Criminal Appeals | |
Dean Smith v. Tennessee Board of Paroles
This appeal concerns an incarcerated inmate’s filing of a petition for writ of certiorari, claiming that the Tennessee Board of Paroles acted arbitrarily, fraudulently, illegally, and in excess of its authority in denying his request for parole. The trial court granted the petition but ultimately affirmed the denial of parole. We affirm. |
Davidson | Court of Appeals | |
Melanie Robertson, et al. v. Tennessee Secondary School Athletic Association
Based on its bylaws, Appellant Tennessee Secondary School Athletic Association denied three students, Appellees herein, permission to play football at a local high school. Appellees filed a petition for restraining order and for temporary and permanent injunctions asking the trial court to prohibit the Association from denying the Students permission to play football. The trial court immediately granted temporary injunctions; later, the trial court granted permanent injunctions. Appellant appeals. Based on the allegations contained in Appellees’ petition, the trial court did not have authority to interfere in the internal affairs of TSSAA concerning the Students’ eligibility to play football for the 2018-2019 school year. Therefore, we reverse and remand the case with instructions to the trial court to dismiss the case and collect the costs. |
Shelby | Court of Appeals | |
Felicitas Hayes v. Christopher Daniel Scoggin
Mother and father were divorced in 2013. They have four children together. Disputes regarding child custody have spanned four states and nearly six years. In this iteration, on June 9, 2017, mother filed a “Petition to Enroll Foreign Decree, For Immediate Injunctive Relief, for Sciare Facias, and Citation for Criminal and Civil Contempt, for Modification of Custody Order, and for Entry of Temporary Parenting Plan.” In his answer, father requested that, pursuant to Tenn. Code Ann. § 36-5-103(c), he be reimbursed for the attorney’s fees incurred as a result of defending against mother’s petition. After nine months of litigation, mother voluntarily dismissed her petition without prejudice. As a result of mother’s voluntary dismissal prior to trial, father’s claim for attorney’s fees was not resolved. Following mother’s dismissal, another dispute arose regarding summer custody. On April 20, 2018, father filed a petition to resolve the summer custody issue; it was resolved by a consent order. Following the consent order, father filed a petition to recover the attorney’s fees and costs incurred in defending against mother’s voluntarily dismissed petition. Mother moved to dismiss father’s petition alleging that res judicata precluded father from seeking to recover his attorney’s fees in that matter, because he did not raise the issue in his summer custody petition. The trial court disagreed. Mother applied for an interlocutory appeal; this Court denied her application. The trial court subsequently awarded father $11,963.08 in attorney’s fees and costs. Mother appeals. We affirm. |
Shelby | Court of Appeals |