James Williams v. Smyrna Residential, LLC et al. (Dissenting)
To enforce and compel arbitration in this case, the majority rewrites a health care facility admission contract, disregards the Durable Power of Attorney for Health Care Act, ignores precedent, and creates confusion in an important area of the law. I respectfully dissent. |
Rutherford | Supreme Court | |
James Williams v. Smyrna Residential, LLC et al. (Dissenting)
I agree with many of the points made in Justice Lee’s dissenting opinion. I write separately out of concern about the practical implications of the majority’s decision to leave the law so unsettled in an area that touches so many. |
Rutherford | Supreme Court | |
Brian Philip Manookian v. Board of Professional Responsibility of the Supreme Court of Tennessee
In this lawyer disciplinary case, the lawyer’s conduct compels disbarment. The lawyer sent a series of intimidating, demeaning, embarrassing, and harassing communications to opposing counsel and others. Some targeted family members of opposing counsel, including one family member who was also a former client, and caused well-founded concern for their well-being and safety. In the ensuing disciplinary proceedings, a Board of Professional Responsibility hearing panel found that the purpose of the communications was to intimidate opposing counsel in order to gain unfair advantage in pending litigation. It concluded inter alia that the lawyer’s conduct was prejudicial to the administration of justice, that he failed to respect the rights of third persons, and that he violated his duty to a former client, in violation of Tennessee’s Rules of Professional Conduct. The hearing panel said the presumptive sanction was disbarment, found four aggravating factors, and found no mitigating circumstances. Without explanation, the hearing panel recommended a two-year suspension instead of disbarment. The attorney appealed to the trial court. The trial court indicated that, had the Board of Professional Responsibility filed a separate petition for review, the trial court would have recommended disbarment, but because the Board did not, the trial court affirmed the sanction of suspension. Both parties appeal. Here, the lawyer’s conduct was egregious. Victimizing the families of opposing counsel and causing concern for their well-being and safety is an especially grave offense and a profound dishonor as a lawyer. The hearing panel’s decision to deviate downward from the presumptive sanction of disbarment was arbitrary and capricious, and the lawyer must be disbarred. Accordingly, we modify the judgment of the hearing panel and impose the sanction of disbarment. |
Davidson | Supreme Court | |
State of Tennessee v. Karla Marie Clausell
Defendant, Karla Marie Clausell, appeals as of right from her conviction for first degree |
Bradley | Court of Criminal Appeals | |
James Williams v. Smyrna Residential, LLC et al.
Granville Williams, Jr., died while residing at an assisted-living facility. The central question in this appeal is whether his son’s ensuing wrongful-death action against the facility must be arbitrated. To answer that question, we must resolve two subsidiary issues—first, whether the attorney-in-fact who signed the arbitration agreement as Williams’s representative had authority to do so and, second, whether Williams’s son and other wrongful-death beneficiaries who were not parties to the arbitration agreement nevertheless are bound by it. We hold that signing an optional arbitration agreement—that is, one that is not a condition of admission to a health care facility—is not a “health care decision” within the meaning of the Durable Power of Attorney for Health Care Act. The durable power of attorney that gave Williams’s attorney-in-fact authority to act for him in “all claims and litigation matters” thus provided authority to enter the optional arbitration agreement even though it did not specifically grant authority to make health care decisions. We further hold that Williams’s son is bound by the arbitration agreement because his wrongful-death claims are derivative of his father’s claims. Because we conclude that the claims in this action are subject to arbitration, we reverse the Court of Appeals’ contrary decision and remand to the trial court. |
Rutherford | Supreme Court | |
In Re Azalea B. et al.
In this case involving termination of the father’s and mother’s parental rights to two of their minor children, the trial court determined that three statutory grounds had been proven as to each parent by clear and convincing evidence. The trial court further determined that clear and convincing evidence demonstrated that termination of the father’s and mother’s parental rights was in the children’s best interest. The father and mother have each appealed. Discerning no reversible error, we affirm. |
White | Court of Appeals | |
Brian Philip Manookian v. Board of Professional Responsibility of the Supreme Court of Tennessee (Dissenting)
While this Court has inherent jurisdiction over attorney disciplinary matters, attorneys must be afforded fair notice and an opportunity to be heard. For the first time, this Court has increased an attorney’s discipline through the exercise of the Court’s inherent jurisdiction outside of the process outlined in Rule 9 by disbarring Brian Philip Manookian without giving fair notice of its intent. I dissent from the Court’s decision to disbar Mr. Manookian and would affirm the hearing panel’s finding of a twenty-four-month suspension. Neither the hearing panel nor the trial court erred. |
Davidson | Supreme Court | |
In Re: Freddy P.
The trial court denied a petition for termination of parental rights as to Mother, despite |
Greene | Court of Appeals | |
State of Tennessee v. Vicky L. Smith
The defendant, Vicky L. Smith, pled guilty to vehicular homicide by recklessness, and the |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Michael M. Cook
The defendant, Michael M. Cook, was convicted of one count of aggravated rape and two |
Shelby | Court of Criminal Appeals | |
Edward Parnell Porter v. State of Tennessee
Petitioner, Edward Parnell Porter, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in finding that he received the effective assistance of counsel at trial. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court. |
Marshall | Court of Criminal Appeals | |
Troius Saville Russell v. State of Tennessee
The petitioner, Torius Saville Russell, appeals the denial of his petition for post-conviction |
Dyer | Court of Criminal Appeals | |
Thomas Burrell v. Tipton County Election Commission, et al.
Appellant attorney appeals the trial court’s denial of his motion to appear pro hac vice on |
Tipton | Court of Appeals | |
State of Tennessee v. Eric Tyre Patton
Eric Tyre Patton, Defendant, was convicted of two Class A felony drug offenses committed within the 1000-foot prohibited zone of an elementary school and was sentenced to consecutive terms of twenty-five years at 100% service. Defendant filed a motion for resentencing pursuant to Tennessee Code Annotated § 39-17-432(h). The trial court found that granting a shorter sentence was not in the interests of justice and denied the motion. Defendant filed a petition seeking certiorari and/or extraordinary review. This court denied extraordinary review but granted the petition seeking certiorari and ordered the record to be assembled and transmitted for this court to conduct a review of the trial court’s ruling. Following a thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Misty Paul
The defendant, Misty Paul, appeals the order of the trial court revoking her probation and |
Chester | Court of Criminal Appeals | |
State of Tennessee v. Brandon R. Richardson
Brandon R. Richardson, Defendant, was convicted by a jury of two counts of vehicular assault, one count of felony reckless endangerment, misdemeanor reckless endangerment, evading arrest, driving under the influence, driving without a license, and a violation of the open container law. In a motion for new trial, Defendant argued that the trial court erred in overruling his challenge to multiple members of the jury pool for cause. The trial court denied the motion for new trial. Defendant sought an untimely appeal; this Court waived the timeliness requirement. On appeal, Defendant challenges the trial court’s decision to deny Defendant’s challenge for cause to members of the jury pool. After a review, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
Jessica M. Amarino v. Jarone Amarino
In this divorce case, Husband/Appellant appeals the trial court’s order: (1) awarding a Toyota 4-Runner to Wife/Appellee; (2) dividing the remaining debt on the vehicle between the parties; and (3) awarding Wife one-half of the attorney’s fees she incurred in the trial court. We reverse the trial court’s conclusion that the 4-Runner was Wife’s separate property and conclude that it was transmuted into marital property. We affirm the remainder of the trial court’s order. Wife’s request for appellate attorney’s fees is granted. |
Montgomery | Court of Appeals | |
First Community Bank, N.A. v. First Tennessee Bank, N.A., et al.
This is the third iteration of this action in this court concerning Plaintiff’s claims against Defendant for fraud, constructive fraud, negligent misrepresentation, civil conspiracy, unjust enrichment, and violation of the Tennessee Securities Act, codified at Tennessee Code Annotated section 48-1-101, et seq. The claims arose out of the purchase of asset-backed securities that were later deemed unmarketable, causing a significant financial loss to Plaintiff. This particular appeal concerns the trial court’s granting of summary judgment in favor of Defendant based upon the applicable statute of limitations. We now affirm. |
Court of Appeals | ||
State of Tennessee v. William Flynn
A Shelby County jury convicted the Defendant, William Flynn, of first degree |
Shelby | Court of Criminal Appeals | |
Julie Danielson v. Kimberly Armstrong
This appeal concerns the validity and enforceability of an oral loan agreement between former business partners. As discussed herein, we discern no error in the trial court’s enforcement of the parties’ agreement. As such, the judgment of the trial court is affirmed. |
Davidson | Court of Appeals | |
State of Tennessee v. Charles Timothy Rowden
A Lawrence County jury convicted the Defendant, Charles Timothy Rowden, of first degree felony murder, second degree murder, especially aggravated robbery, and aggravated arson. The trial court merged the two murder convictions and imposed an effective sentence of life without the possibility of parole. On appeal, the Defendant asserts that: (1) the trial court erred when it did not instruct the jury that the Defendant’s girlfriend was an accomplice as a matter of law; (2) the evidence is insufficient to support his convictions; and (3) his attorney was ineffective. After review, we affirm the trial court’s judgments and remand for entry of an additional judgment form. |
Lawrence | Court of Criminal Appeals | |
Larry Johnson v. State of Tennessee
Petitioner, Larry Johnson, appeals from the Lake County Circuit Court’s dismissal of his petition for a writ of habeas corpus, in which he alleged that he received an illegal sentence. We conclude Petitioner has failed to timely appeal or to follow procedural requirements, and the interest of justice does not require waiver of the requirements. Accordingly, the appeal is dismissed. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Keenan Murphy
A Madison County jury convicted the Defendant, Keenan A. Murphy, of first degree murder and attempted first degree murder. The trial court sentenced the Defendant to an effective sentence of life imprisonment plus twenty-six years. On appeal, the Defendant argues that the proof is insufficient to support the convictions because the State failed to prove premeditation. The Defendant also asserts that the trial court committed plain error by allowing the State to cross-examine the defense expert about a second shooting the Defendant committed nine days after the offenses in this case. On our review, we respectfully affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. David Parr
The defendant, David Parr, appeals the Stewart County Circuit Court’s imposition of a fully-incarcerative sentence for his guilty-pleaded convictions of possession of methamphetamine and fentanyl with intent to sell or deliver, asking this court to remand to the trial court for consideration of Community Corrections under Code section 40-36- 106(2)(c). Because the superseding indictments violated the principles of double jeopardy and because the trial court lacked jurisdiction to hold the plea submission hearing, the judgments entered on the superseding indictments are void, and we dismiss the appeal. |
Stewart | Court of Criminal Appeals | |
Tinsley Properties, LLC et al. v. Grundy County, Tennessee
This case concerns the validity of a county resolution prohibiting quarries and rock crushers “within five thousand (5,000) feet of a residence, school, licensed daycare facility, park, recreation center, church, retail, commercial, professional or industrial establishment.” The plaintiff landowners argued that the county failed to comply with the requirements in Tennessee’s county zoning statute, Tennessee Code Annotated § 13-7-101 to -115. In the alternative, they argued that state law expressly preempted local regulation of quarries. However, the county argued that it was exercising its authority to protect its citizens’ health, safety, and welfare under the county powers statute, Tennessee Code Annotated § 5-1-118. The trial court granted summary judgment to the county on the ground that it had no comprehensive zoning plan. This appeal followed. We affirm. |
Grundy | Court of Appeals |