Michael Morris v. Trucy Bloodworth
Inmate filed a legal malpractice action against the attorney who represented him in the direct appeal of his criminal conviction for aggravated robbery. Three years later, the trial court dismissed the inmate’s lawsuit for failure to prosecute. We affirm the result reached by the trial court because the denial of the inmate’s petition for post-conviction relief precludes his claim for legal malpractice. |
Davidson | Court of Appeals | |
Stephen Brown v. Columbia Precast, LLC, et al.
An employee was promised 10% ownership interest in the company he worked for if he stayed with the company for six years. When the time came to transfer the employee’s 10% interest to him, however, the parties learned that the tax laws then in effect made the transfer impractical at that time. The parties therefore decided to delay the transfer. The parties entered into a contract the following year which the employer interpreted to mean that the employee was giving up his 10% ownership interest in exchange for a raise in his salary plus 10% of the company’s net profits each year. The employee claimed he did not give up his 10% ownership interest and sued the company and former majority owner for his 10% interest when the company was sold a few years later. The trial court concluded the employee did not give up his 10% ownership interest by signing the later agreement and awarded the employee 10% of the company’s net profits for the years following the employee’s termination plus 10% of the ultimate purchase price. We affirm the trial court’s judgment. |
Maury | Court of Appeals | |
Willie J. High v. Sumner County, Tennessee
An employee of Sumner County was injured on the job and sought disability benefits pursuant to the Sumner County compensation plan. The employee’s physicians initially gave him an anatomical impairment rating of 20%, but later determined that the employee was totally disabled and could not work. The County treated the employee’s disability as a permanent partial disability and offered the employee a lower settlement than if the employee’s disability were treated as a total permanent disability. The employee appealed the initial offer to the administrative review board, which upheld the initial offer of settlement. The employee petitioned the chancery court for a writ of certiorari and asked the court to review the administrative decision and rule that it was arbitrary and capricious. The chancery court found the review board should have considered whether the employee was totally disabled based on the evidence in the record and remanded the case back to the review board for this purpose. The County appealed, and we affirm the trial court’s decision. The plain language of the county plan does not support the administrative decision not to consider the employee’s total disability in determining the compensation he is entitled to receive. |
Sumner | Court of Appeals | |
Pam Webb v. Nashville Area Habitat for Humanity, Inc.
In this action alleging retaliatory discharge, the trial court granted the defendant’s motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Tennessee Rule of Civil Procedure 12.02(6). The Court of Appeals vacated the trial court’s judgment, holding that the amended complaint sufficiently stated a cause of action for retaliatory discharge. We address the issue of the proper standard for Tennessee courts to apply in ruling on a Rule 12.02(6) motion to dismiss in light of the United States Supreme Court’s recent decisions in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, ___ U.S. ___, 129 S. Ct. 1937 (2009). We decline to adopt the new Twombly/Iqbal “plausibility” pleading standard and affirm the judgment of the Court of Appeals. |
Davidson | Supreme Court | |
Marsha Jean (Coughlin) Kennedy and Darlene Camp, as Administratrix c.t.a. of the Estate of Lois D. Coughlin v. State Farm Insurance Company
This is an insurance case. The plaintiff daughter purchased a home with her mother as tenants in common. The homeowner’s insurance policy listed both the daughter and the mother as named insureds. The daughter later quitclaimed her interest in the property to her mother. Years later, the daughter had an accident on the property and filed a claim under the homeowner’s insurance policy. The insurance company denied recovery based on the policy’s exclusion from coverage for injury to an insured. The daughter filed this lawsuit against the defendant insurer, contending, inter alia, that she was not an insured because she did not sign the contract with the defendant insurer. The trial court granted summary judgment in favor of the insurance company. We affirm. |
Shelby | Court of Appeals | |
State of Tennessee v. Meagan N. Reid
A Campbell County Criminal Court Jury found the appellant, Meagan N. Reid, guilty of driving under the influence (DUI), third offense; possession of a Schedule II controlled substance; and a violation of the implied consent law. The trial court imposed a total effective sentence of eleven months and twenty-nine days, 125 days of which were to be served in the county jail with the remainder to be served on probation. On appeal, the appellant challenges the sufficiency of the evidence underlying her possession of a controlled substance conviction and the propriety of the State’s cross-examination regarding a prior conviction for DUI. Finding no reversible error, we affirm the judgments of the trial court, but we remand for entry of a corrected judgment regarding the appellant’s violation of the implied consent law. |
Campbell | Court of Criminal Appeals | |
Eric Dewayne McLemore v. State of Tennessee
The Petitioner, Eric Dewayne McLemore, appeals from the habeas corpus court’s order denying his petition. The State has filed a motion requesting that this court affirm the habeas corpus court’s order pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the order of the habeas corpus court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Kevin Allen Gentry
A Sevier County Circuit Court Jury convicted the appellant, Kevin Allen Gentry, of twelve counts of especially aggravated sexual exploitation of a minor and ten counts of sexual exploitation of a minor. The trial court imposed a total effective sentence of thirty-eight years in the Tennessee Department of Correction. On appeal, the appellant argues that the charges should be dismissed because the State “held back” the indictment in the instant case in violation of Rule 8(a) of the Tennessee Rules of Criminal Procedure, that the trial court erred in denying his motion to suppress because of an invalid search warrant, that the evidence is insufficient to sustain his convictions, and that the trial court erred in sentencing. Upon review, we affirm the judgments of the trial court. |
Sevier | Court of Criminal Appeals | |
David Earl Offut v. State of Tennessee
The petitioner, David Earl Offut, appeals from the Rutherford County Circuit Court’s denial of his petition for post-conviction relief attacking his guilty-pleaded convictions for three counts of incest for which he is serving an effective sentence of 18 years’ incarceration as a Range I, standard offender. He contends that his guilty pleas were entered involuntarily and unknowingly because trial counsel failed to adequately advise him regarding his release eligibility. Discerning no error, we affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. William Lamont Green
A Davidson County Criminal Court jury convicted the defendant, William Lamont Green, of second degree murder, and the trial court imposed a sentence of 23 years’ incarceration. In this appeal, the defendant challenges the sufficiency of the convicting evidence. Finding no deficiency in the proof, we affirm. |
Davidson | Court of Criminal Appeals | |
William Bryant v. State of Tennessee
Much aggrieved of his convictions by a Obion County Circuit Court jury of three counts of rape of a child, the petitioner, William Bryant, filed a timely pro se petition for post-conviction relief alleging his convictions resulted from an unconstitutional jury and the ineffective assistance of counsel. Following the appointment of counsel, amendment to the petition, and a full evidentiary hearing, the post-conviction court ruled that the petitionerfailed to prove his allegations by clear and convincing evidence and denied relief. Discerning no error, we affirm the order of the post-conviction court. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. William Keith Blackburn
A Lawrence County Circuit Court Jury convicted the appellant, William Keith Blackburn, of first degree premeditated murder and especially aggravated robbery. The trial court imposed an effective life sentence. On appeal, the appellant raises the following issues for review: 1. Whether the evidence is sufficient to support the appellant’s convictions; 2. Whether the trial court erred in refusing to grant a mistrial after a detective testified that the appellant exercised his right to remain silent and refused to give police a statement; 3. Whether the trial court erred in admitting, or in the alternative not redacting, an audio tape recording of telephone calls the appellant made while in jail; 4. Whether the trial court erred by instructing the jury on flight and attempting to conceal or suppress evidence; 5. Whether the court reporter’s failure to provide a complete transcript denied the appellant a full and complete appellate review; and 6. Whether the cumulative errors require a new trial. Upon review, we affirm the judgments of the trial court. |
Lawrence | Court of Criminal Appeals | |
Leonora Washington v. Gale Vogel, Ph.D., et al.
Teacher who received a reprimand brought this action to challenge the actions of school officials and the school board. She argues that the school failed to provide due process to her and defamed her. The trial court found in favor of the defendants, and we affirm. |
Rutherford | Court of Appeals | |
State of Tennessee, et a. v. Centurion Industria e Comercio de Cigarros, L.T.D. A., et al. and Tantus Tobacco, L.L.C. v. State of Tennesse, et al.
This is an appeal from the trial court's grant of summary judgment to the Appellee. After reviewing the record, we conclude that the order granting summary judgment fails to comply with Tennessee Rule of Civil Procedure 56.04, as it does not “state the legal grounds upon which the court denies or grants the motion.” Consequently, this Court cannot proceed with our review and must vacate the judgment of the trial court. Vacated and remanded. |
Davidson | Court of Appeals | |
State of Tennessee v. Stanley Butler
A Shelby County Criminal Court jury convicted the defendant, Stanley Butler, of three counts of aggravated assault, see T.C.A. § 39-13-102(a)(1)(B)(2006), for which he received a total effective sentence of five years to be served on split confinement consisting of 12 months’ confinement in the local workhouse followed by probation. On appeal, the defendant contends that the evidence is insufficient to support his conviction for aggravated assault only in count two. Discerning no infirmity in the evidence, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Carl J. Wagner
A Davidson County Criminal Court jury convicted the defendant, Carl J. Wagner, of second degree murder, see T.C.A. § 39-13-210 (2006); first degree murder committed in the perpetration of an aggravated robbery, see id. § 39-13-202(a)(2); and especially aggravated robbery, see id. § 39-13-403. The trial court imposed concurrent sentences of 22 years’ incarceration, life imprisonment, and 22 years’ incarceration, respectively, and merged the conviction of second degree murder into the conviction of first degree murder. On appeal, the defendant challenges the sufficiency of the evidence to support his convictions. We determine that there is insufficient evidence to support the defendant’s convictions of first degree murder committed in the perpetration of an aggravated robbery and especially aggravated robbery. We also determine, however, that there is sufficient evidence to support the defendant’s conviction of second degree murder. Accordingly, we affirm the defendant’s conviction in count one and remand that count for resentencing, and we reverse and dismiss the charges in counts two and three. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Gregory D. Douglas
A Madison County jury convicted the defendant, Gregory D. Douglas, of second degree murder, a Class A felony. The trial court sentenced him as a Range I, violent offender to twenty-five years in the Tennessee Department of Correction. On appeal, the defendant argues that the evidence was insufficient to support his conviction and that his sentence was excessive. Following our review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Kerry Chearis v. State of Tennessee
The petitioner, Kerry Chearis, appeals the summary dismissal of his petition for writ of habeas corpus, alleging that his convictions are void. Discerning no error, we affirm. |
Fayette | Court of Criminal Appeals | |
Michael Tyrone Gordon v. State of Tennessee
Petitioner, Michael Tyrone Gordon, has appealed from the trial court’s dismissal of the pleading he designated as a “Motion to Correct Illegal Sentence,” and which the trial court treated as a petition for writ of habeas corpus. The State has filed a motion for this Court to affirm the judgment by Memorandum Opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee. Upon review of Petitioner’s brief, the State’s motion and the entire record, we grant the State’s motion and affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Knox County ex rel. Environmental Termite & Pest Control, Inc. v. Arrow Exterminators, Inc. et al.
This appeal involves a claim under Tennessee’s False Claims Act. A local vendor of termite control services became suspicious that two of its competitors had overbilled Knox County for termite control services provided to Knox County’s public schools. After confirming its suspicions by obtaining and reviewing public records and by hiring an attorney and private investigator, the vendor presented a detailed report of its findings to county officials who were unaware that the overbilling had occurred. When the County delayed taking remedial action, the vendor filed a qui tam suit authorized by Tenn. Code Ann. § 4-18-104(c) (2005) in the Chancery Court for Knox County. The County joined the vendor’s lawsuit and eventually settled with both of the companies named as defendants in the vendor’s lawsuit. When the qui tam plaintiff sought a share of the County’s settlement with one of the defendants, the County asserted that the qui tam plaintiff was not eligible to receive any of the settlement proceeds. The trial court heard the matter without a jury and held that the qui tam plaintiff was an “original source” for the purpose of Tenn. Code Ann. § 4-18-104(d)(3)(A) and, therefore, was entitled to receive 28% of the settlement proceeds or $71,546.46. The Court of Appeals affirmed the trial court’s conclusion that the qui tam plaintiff was entitled to recover 28% of the value of the settlement proceeds but remanded the case for the purpose of redetermining the value of the settlement proceeds. In re Knox Cnty., Tenn. ex rel. Envtl. Termite & Pest Control, Inc., No. E2007-02827-COA-R3-CV, 2009 WL 2144478 (Tenn. Ct. App. July 20, 2009). The County filed a Tenn. R. App. P. 11 application on the sole issue of whether the qui tam plaintiff is eligible to recover a portion of the settlement proceeds. We affirm the decisions of both the trial court and the Court of Appeals that the qui tam plaintiff is an “original source” and, therefore, is eligible to receive a portion of the proceeds from the County’s settlement with one of the vendors. |
Knox | Supreme Court | |
Haweya-Surer Dahir v. Abdulrahim Muhammed Abshir
Former wife appeals the dismissal of an order of protection she had secured against her husband; the failure of trial court to hear her petition for annulment of the marriage; and the failure of trial court to state specifically the facts upon which the court’s finding of husband’s improper marital conduct was based. Finding no error, we affirm the trial court in all respects. |
Rutherford | Court of Appeals | |
Derrick Sutton v. State of Tennessee
The Petitioner, Derrick Sutton, appeals as of right from the Shelby County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner was convicted of especially aggravated robbery and sentenced as a violent offender to 21 years in the Tennessee Department of Correction. The Petitioner contends that the trial court erred in failing to charge facilitation of especially aggravated robbery as a lesser-included offense and that the trial court erred in defining the term knowingly in response to a question from the jury. The Petitioner also challenges the performance of trial and appellate counsel. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Andre Baldwin v. State of Tennessee
The Petitioner, Andre Baldwin, appeals the Shelby County Criminal Court’s denial of post-conviction relief from his conviction for first degree murder, for which he is serving a life sentence. The Petitioner contends that he did not receive the effective assistance of counsel. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Reginold Steed
A Madison County Circuit Court jury convicted the appellant, Reginold Steed, of aggravated assault, and the trial court imposed a sentence of four years and six months in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence underlying his conviction, the length of the sentence imposed by the trial court, and the trial court’s denial of judicial diversion and alternative sentencing. Upon review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Paul Edward Corso, Jr.
The Defendant, Paul Edward Corso, Jr., was convicted by a Davidson County Criminal Court jury of felony murder; second degree murder, a Class A felony; aggravated robbery, a Class B felony; and theft of property over $10,000 but less than $60,000, a Class C felony. See T.C.A. §§ 39-13-202, 39-13-210, 39-13-402, 39-14-103 (2010). The trial court merged the convictions for felony murder and second degree murder and sentenced the Defendant to life for felony murder, to eight years’ incarceration for aggravated robbery, and to two years’ incarceration for theft, to be served concurrently. On appeal, he contends that the evidence was insufficient to support his convictions and that the trial court erred by denying his motion for a mistrial after the State asked his wife during cross-examination how often she visited the Defendant in jail. We affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals |