State of Tennessee v. Christopher S. Love
The Appellant, Christopher S. Love, appeals his conviction by a Hickman County jury for sexual battery, a Class E felony. Love was indicted for the offenses of aggravated rape, reckless endangerment, and aggravated assault. Following a jury trial, he was acquitted of reckless endangerment and found guilty of the lesser included offenses of sexual battery and misdemeanor assault. He was subsequently sentenced to concurrent sentences of two years and eleven months and twenty-nine days. On appeal, he raises the single issue of whether it was proper for the trial court to instruct the jury on the lesser included offense of sexual battery. After review, we conclude that the Appellant waived the issue by his failure to object to the inclusion of the instruction at trial. Accordingly, the judgment of conviction for sexual battery is affirmed. |
Hickman | Court of Criminal Appeals | |
Earl Ray Trotter v. State of Tennessee
The petitioner, Earl Ray Trotter, pled guilty in the Bedford County Circuit Court to attempted second degree murder, especially aggravated burglary, and especially aggravated robbery. He received a total effective sentence of twenty-five years incarceration in the Tennessee Department of Correction. Thereafter, the petitioner filed a petition for post-conviction relief, alleging that his trial counsel was ineffective. The post-conviction court denied the petition, and the petitioner now appeals. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Bedford | Court of Criminal Appeals | |
In Re: H.A. (D.O.B. 10/08/98) & J.R.B., JR. (D.O.B. 11/24/99); State of TN, Department of Children Services v. Michelle Adair
This is a termination of parental rights case. In 1999, the children involved in this action were taken from the mother’s custody into state custody. They were later adjudicated dependent and neglected by the juvenile court. The children remained in foster care, and the state developed several permanency plans with the goal of returning the children to the mother. The plans required the mother to, inter alia, attend parenting classes and anger management programs and to obtain stable housing and employment. The children remained in foster care for the next six years. Meanwhile, the mother obtained stable housing, but she failed to complete either parenting classes or an anger management program, and she failed to obtain stable employment. The goal of the plans was changed to adoption. The state filed a petition to terminate the mother’s parental rights based on persistent conditions and failure to comply with the permanency plans. After a trial, the trial court terminated the mother’s parental rights on both grounds. The mother now appeals. We affirm, finding that the evidence supports termination on both grounds. |
Shelby | Court of Appeals | |
Earl Ingram and Christa Ingram v. Cendant Mobility Financial Corporation, Cassandra Lee Dees, and John L. Dees, Jr., and Underwood Home Inspection
Plaintiffs, house purchasers, sued defendant, seller, for breach of contract, negligent and fraudulent concealment, negligence, wilful and negligent misrepresentation, and violations of the Consumer Protection Act on the grounds the house was subject to flooding. The Trial Court granted summary judgment. We affirm. |
Loudon | Court of Appeals | |
Richard Long v. Holli Colleen Hartsell Harbin
In this post-decree child custody case, the trial court changed custody from the mother to the father after finding, among other things, that the mother had smoked marijuana while operating a motor vehicle in which the child was a passenger. Based upon this finding and evidence that the change of custody was in the best interest of the child, we affirm the judgment of the trial court. |
Jefferson | Court of Appeals | |
State of Tennessee v. Rick Hanebutt
The defendant, Rick Hanebutt, was convicted of first degree premeditated murder and attempted first degree premeditated murder. He received a sentence of life imprisonment for his murder conviction and a concurrent twenty year sentence for his attempted first degree murder conviction. On appeal, the defendant raises three issues for our review: (1) whether the evidence was sufficient to support his convictions; (2) whether the state failed to comply with discovery pursuant to Rule 16 of the Tennessee Rules of Criminal Procedure; and (3) whether the trial court erred in denying the defendant’s motion to change venue. Following our review of the parties’ briefs and the applicable law, we affirm the judgments of the trial court. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. James Howard Theus, III
The defendant, James Howard Theus, III, entered a best interest plea to facilitation of rape of a child. He was sentenced to eight years in the Tennessee Department of Correction, suspended after service of eleven months and twenty-nine days, with the remainder on intensive probation. Thereafter, the trial court revoked the defendant’s probation and placed his sentence into effect. On appeal, the defendant challenges the trial court’s revocation of his probation. Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
William A. Cohn v. Michael T. Baker, et al.
This case arises from the termination of Appellant’s membership in a private country club. Appellant asserts a proprietary interest in the assets of the club, and seeks to have his membership reinstated. The trial court granted summary judgment in favor of the club/Appellee and Appellant |
Shelby | Court of Appeals | |
Ed Hawkins, et al. v. Corliss Singletary
Plaintiffs sought property damages in the amount of $2000 for diminution of value. A jury awarded Plaintiffs damages in the amount of $500; the trial court denied Plaintiffs’ motion to alter/motion for a new trial. Plaintiffs appeal. We affirm. |
Shelby | Court of Appeals | |
Barabara L. Wolf, as Trustee for Lani Wolf and Shaye Wolf, v. John Luther Summitt
In this dispute over a right of way, the Trial Court granted summary judgment to defendant on grounds the suit was barred by res judicata or collateral estoppel. On appeal, we affirm. |
Monroe | Court of Appeals | |
State of Tennessee v. Ricky L. Trentham, Jr.
The defendant, Ricky Lee Trentham, Jr., was convicted of simple possession of marijuana, Tenn Code Ann. 39-17-418(a), a Class A misdemeanor, and sentenced to eleven months, twenty-nine days at 75%. On appeal, he raises three issues for our review: (1) whether the evidence was sufficient to support the conviction; (2) whether a copy of High Times magazine was erroneously admitted into evidence; and (3) whether he was properly sentenced. Following our review, we affirm the judgment of the trial court. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Robert L. Myers
The defendant, Robert L. Myers, pled guilty to two counts of attempted aggravated sexual battery, a Class C felony, and was sentenced as a Range I, standard offender to six years on each count, to be served concurrently. On appeal, he argues that the trial court erred in denying probation or alternative sentencing. Following our review, we conclude that the trial court properly sentenced the defendant and affirm the judgments of conviction. |
Sullivan | Court of Criminal Appeals | |
CNA (Continental Casualty) v. William King, et al.
A roofing contractor applied for workers compensation insurance, declaring in his application that he had no employees. He paid a $750 minimum premium, and the insurance company issued a policy. The company subsequently audited his records and assessed an additional premium of over $14,700 for roofers who worked under contract with him or his subcontractors, but who were not covered by their own workers compensation policies. The contractor refused to pay, and the insurance company brought suit. The contractor claimed at trial that all the workers were independent contractors and, thus, that he was not obligated to insure them. The trial court ruled against him. We affirm the trial court. |
Cheatham | Court of Appeals | |
Terry R. Clayton, et al. v. Camille M. Hernandez
Trial court granted dismissal for failure of service of process although defendant failed to raise the defense timely by motion or in her answer. We reverse. |
Davidson | Court of Appeals | |
Mary Taylor-Shelby v. Shelby County Election Commission, et al.
We dismiss this appeal for lack of subject matter jurisdiction under Rule 3 of the Tennessee Rules of Appellate Procedure where the record contains no final order(s) disposing of Plaintiff’s claims. |
Shelby | Court of Appeals | |
State of Tennessee v. Frank Ramsey
The Appellant, Frank Ramsey, appeals the sentencing decision of the Sullivan County Criminal Court following his guilty plea to the crime of initiating a false report in violation of Tennessee Code Annotated section 39-16-502(a)(1)(c). Pursuant to the plea agreement, he was sentenced as a Range II multiple offender to a sentence of four years with the manner of service of the sentence to be determined by the trial court. On appeal, the Appellant argues that the trial court erred by denying his request for alternative sentencing. After review of the record, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
Jack T. McKinney, et al. v. Jeanetta K. Kimery, et al.
Jack T. McKinney and his wife Brenda McKinney, obtained a judgment against Charles T. Kimery. After the judgment was recorded in the Register of Deeds’ office, Mr. Kimery and his wife conveyed property they owned as tenants by the entirety to Mr. Kimery’s mother. The McKinneys filed this action to execute upon the property and have it sold to satisfy the judgment lien. The issue presented is whether the McKinneys may levy against the entire interest in the property and have the property sold to satisfy their judgment lien, or whether the McKinneys’ lien attached only to Mr. Kimery’s separate, alienable interest in the property at the time of recording of the judgment lien, which consisted of Mr. Kimery’s right of survivorship. The trial court held that the McKinneys’ judgment lien attached to Mr. Kimery’s survivorship interest in the property at the time the judgment was recorded, and that the subsequent transfer of the property by both tenants by the entirety (the Kimerys) did not augment the interest to which the judgment lien attached, so that the McKinneys continued to hold a lien against the survivorship interest only after the transfer. We affirm the judgment of the trial court. |
Unicoi | Court of Appeals | |
Alexander C. Wells v. Tennessee Board of Regents, et al. - Dissenting
It is elementary that a statute waiving sovereign immunity must clearly do so, and any statute purporting to waive that immunity must be strictly construed. Courts are to determine to what extent and in what ways the Legislature has allowed suits against the State. The statute allowing the suit herein, Tenn. Code Ann. § 49-8-304, authorizes de novo judicial review of the termination or suspension of tenured state university professors. The statute does not mention or refer to backpay or the award of damages. This court cannot imply such a remedy or interpret the statute so as to enlarge the waiver of sovereign immunity beyond that intended by the legislature. |
Davidson | Court of Appeals | |
Alexander Wells v. Tennessee Board of Regents, et al.
Following termination of his employment, a professor at Tennessee State University prevailed in this protracted tenure termination proceeding. On remand to Chancery Court following a successful appeal, the professor filed a Tenn. R. Civ. P. 60.02 motion for relief from the pre-appeal judgment to assert a claim for back pay. The Chancellor granted relief and awarded back pay, which the defendants challenge on two grounds. They contend the court abused its discretion by awarding Rule 60 relief, and because back pay is not specifically authorized by statute, an award of back pay violates the sovereign immunity doctrine. Finding no error, we affirm. |
Davidson | Court of Appeals | |
Barry Bass v. Larry D. Billeaudeaux, Jr., et al.
This is a personal injury action. The trial court awarded summary judgment to Defendants based on the statute of limitations. We reverse and remand for further proceedings. |
Shelby | Court of Appeals | |
Thomas Studdard v. State of Tennessee
The petitioner, Thomas Studdard, was indicted by the Dyer County Grand Jury on three counts of rape of a child in 2002. The petitioner subsequently pled guilty to one count of incest and was sentenced to eight years as a Range II multiple offender. The petitioner sought a reduction of his sentence in the trial court. The trial court denied the relief sought and the petitioner appealed. On direct appeal, this Court, without reaching the merits of the petitioner’s sentencing issues, vacated the judgment of conviction on the grounds that incest was not a lesser-included offense of rape. Thomas Poston Studdard v. State, No. W2003-01210-CCA-R3-PC, 2004 WL 370259 (Tenn. Crim. App., at Jackson, Feb. 27, 2004), perm. app. granted, (Tenn. Sept. 7, 2004). Having granted the petitioner’s application for permission to appeal, our supreme court concluded that the trial court had jurisdiction to accept the petitioner’s guilty plea and remanded the case to this Court for consideration of the sentencing issues. Studdard v. State, 182 S.W.3d 283 (Tenn. 2005). On remand, this Court determined that the trial court did not err in denying the petitioner’s motion to reduce his sentence and that the certification requirement of Tennessee Code Annotated section 40-35-503(c) did not violate the petitioner’s equal protection rights.1Thomas Poston Studdard v. State, No. W2005-02707-CCA-RM-PC, 2006 WL 287427 (Tenn. Crim. App., at Jackson, Feb. 6, 2006), perm. app. denied, (Tenn. May 30, 2006). While the petitioner’s direct appeal was still pending, the petitioner sought post-conviction relief on the basis of ineffective assistance of counsel2. The postconviction court denied the petition and the petitioner sought relief in this Court. After a review of the record, we affirm the judgment of the post-conviction court. |
Dyer | Court of Criminal Appeals | |
Xavier Todd v. State of Tennessee
The appellant appeals from the trial court’s denial of a motion for nunc pro tunc order. Because such an order is not subject to an appeal as of right under Rule 3 of the Tennessee Rules of Appellate Procedure, we dismiss the appellant’s appeal. |
Shelby | Court of Criminal Appeals | |
Shannon Walker, et al. v. Rande Lazar, M.D., et al.
The trial court granted Defendants’ motions to dismiss based on the statute of repose applicable to medical malpractice actions. Plaintiffs appeal, asserting the statute of repose was tolled where the action was brought on behalf of their minor children and commenced before December 9, 2005. We affirm in part, reverse in part, and remand. |
Shelby | Court of Appeals | |
Kevin Kham Fongnaly v. Vienqrhone Vickie Fongnaly - Dissenting
I cannot concur in the conclusion of the majority opinion, i.e., that the evidence does not preponderate against the trial court’s judgment designating the husband as the primary residential parent of the parties’ minor children. My review of the record persuades me that the trial court went against the overwhelming weight of the evidence favoring an award of primary custody to the wife for one reason and one reason only, i.e., because of the wife’s admitted adulterous relationship during the marriage. I believe the trial court premised its decision on an incorrect interpretation of the law and/or made a factually-erroneous decision. |
Rutherford | Court of Appeals | |
Kevin Fongnaly v. Vienqrhone Vickie Fongnaly
In this divorce case, the Trial Court awarded primary custody of the parties’ minor children to the father. The mother appealed and we affirm the Trial Court’s Judgment. |
Rutherford | Court of Appeals |