Samuel K. Robinson v. Glen Turner, Warden
The Petitioner, Samuel K. Robinson, appeals the lower court’s denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we affirm the trial court’s dismissal. |
Hardeman | Court of Criminal Appeals | |
M&M Auto Sales v. Old Republic Surety Company v. Brooks Road Auto Mart, LLC et al.
This is an action to recover on a surety bond. The plaintiff automobile wholesaler sold vehicles to the third-party defendant automobile retailer. The retailer gave thewholesaler the certificates of title for the vehicles as security, pending the retailer’s payment in full for the vehicles. Subsequently, the retailer sold the vehicles to third parties, but did not pay the wholesaler. The wholesaler, therefore, retained the certificates of title. Consequently, the retailer was unable to transfer the certificates of title to the third-party purchasers when they bought the vehicles. Later, in a separate lawsuit, the wholesaler obtained a judgment against the retailer for breach of contract. The wholesaler then filed the instant lawsuit against the defendant surety company on the retailer’s automobile dealership surety bond, claiming that it was damaged by the retailer’s failure to transfer the certificates of title to the purchasers of the vehicles. The surety company filed a third-party complaint against the retailer, asserting that the retailer was required to indemnify the surety company for its attorney’s fees expended in defending the underlying lawsuit. The surety company filed a motion for summary judgment. The trial court granted summary judgment in favor of the surety company against both the wholesaler and the retailer. The wholesaler and the retailer now appeal. We affirm. |
Shelby | Court of Appeals | |
Marilyn Stavely v. Amsouth Bank (Milan, TN) And Mary Jane Miller
This is an action to recover damages for the alleged improper disposition of funds in a conservatorship account, conspiracy, and false advertising. The plaintiff’s mother was placed under a conservatorship, and the conservator opened an account at the defendant bank for the conservatorship. After the plaintiff’s mother died, the account was settled and the accounting was approved by the Gibson County Chancery Court. The plaintiff sought to recover funds from the account, but was informed that the account was settled. The plaintiff sued the bank and its branch manager for conspiracy, false advertising, and disappearing funds. The trial court granted the defendants’ motion to dismiss. We affirm. |
Gibson | Court of Appeals | |
Clifford L. Taylor v. David Mills, Warden
The Petitioner, Clifford L. Taylor, appeals the lower court’s denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we affirm the trial court’s dismissal. |
Lauderdale | Court of Criminal Appeals | |
Wayne Davidson v. Charles Traughber, et al.
Plaintiff inmate filed a petition with the Tennessee Department of Corrections for a declaratory ruling that he was entitled to a parole hearing. Upon denial of his petition, Plaintiff inmate filed an action against two Tennessee Board of Probation and Parole employees, seeking judicial review of the denial of his petition. The trial court granted Defendants' motion for summary judgment based upon the expiration of the statute of limitations. Plaintiff inmate appeals and we affirm the decision of the trial court. |
Davidson | Court of Appeals | |
Brian Alan Hanna v. State of Tennessee
The petitioner, Brian Alan Hanna, appeals from the Wilson County Criminal Court's summary dismissal of his petition for post-conviction relief from his conviction of theft of property valued over $1000, six forgery convictions, and effective sentence of eight years. He contends that the trial court erred in concluding that his petition was untimely filed and in denying his motion to discharge fines and costs. We affirm the trial court regarding the forgery convictions, but reverse the dismissal regarding the theft and remand the case to the trial court. |
Wilson | Court of Criminal Appeals | |
AmSouth Bank v. Douglas A. Soltis, et al.
This is a suit for collection of a credit card debt. AmSouth Bank ("AmSouth") filed a complaint on a sworn account seeking a judgment against Mr. and Mrs. Soltis for the unpaid balance on three credit card accounts. Mr. and Mrs. Soltis answered and denied AmSouth was entitled to any relief. AmSouth filed a motion for summary judgment. Mr. and Mrs. Soltis responded by filing three documents entitled "Verified Application to Confirm and Enforce Arbitration Award" and three "Award" documents indicating that AmSouth Bank owed Mr. and Mrs. Soltis money. The parties had not agreed to arbitration and had not participated in arbitration. The trial court granted AmSouth's motion for summary judgment and Mr. and Mrs. Soltis appealed. The issue presented on appeal is whether the trial court erred in granting AmSouth's motion for summary judgment and in entering judgment against Mr. and Mrs. Soltis. After careful review of the record and applicable authorities, we affirm the judgment of the trial court. |
Sevier | Court of Appeals | |
State of Tennessee v. Sleda Richards, a.k.a Sleda Bragg
The defendant, Sleda Richards, pled guilty to two counts of reckless aggravated assault, a Class D felony, one count of running a stop sign, a Class C misdemeanor, one count of driving under the influence, a Class A misdemeanor, one count of driving on a revoked license, a Class B misdemeanor, and one count of failure to appear, a Class E felony. The Sullivan County Criminal Court sentenced her to a total effective sentence of six years as a Range I, standard offender to be served in the Department of Correction. The defendant appeals, contending that the trial court erred in denying her probation or alternative sentencing. We affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Richard Lee Frazier
The defendant, Richard Lee Frazier, appeals the Sullivan County Criminal Court's order revoking his probation. On appeal, the defendant claims that although he violated his probation, the trial court abused its discretion by revoking his probation and ordering him to serve his sentence in confinement. We affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
Robert K. Ward v. State of Tennessee
The Defendant was convicted of aggravated rape, and the trial court sentenced him to sixty years, as a Range III, persistent, violent offender. The Defendant appeals, contending that: (1) the trial court erred when it denied his motion to suppress his written statement to the police; (2) the record contains insufficient evidence to support his conviction; (3) the trial court improperly commented upon the testimony of a witness; and (4) the trial court improperly sentenced him. After reviewing the record and the applicable law, we conclude that there exists no reversible error. Accordingly, we affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
Robert K. Ward v. State of Tennessee - Concurring
I concur in the results and most of the reasoning in the majority opinion. I disagree, though, with its view of the trial court’s instructing the jury regarding an excited utterance. The hearsay rule of exclusion is mainly based upon concerns for the reliability of the asserted fact by an out-of-court declarant. See State v. Henry, 33 S.W.3d 797, 803 (Tenn. 2000). An excited utterance is an exception to the rule of exclusion because we believe it occurs under circumstances rendering it sufficiently reliable to be admitted into evidence. See State v. Gordon, 952 S.W.2d 817, 819-20 (Tenn. 1997). However, a trial court should not explain this to a jury because it is truly a comment relevant to the reliability of the evidence. |
Sevier | Court of Criminal Appeals | |
Vicki Lynn Gass Nichols v. Lynn Allen Schubert, et al.
The wife died in 1998, and her holographic will was admitted to probate and the estate closed. In 2002, the husband died, and his formally executed will was admitted to probate. Thereafter, his executrix determined that a question existed concerning the ownership interest in the marital residence held by the husband at his death. As a result, the executrix filed a declaratory judgment action in the probate court to construe the wife’s holographic will. At trial, the wife’s daughter by a previous marriage attempted to prove that the wife’s holographic will was a forgery. The trial court determined that the daughter’s proof was not credible, and the court ruled that the wife’s holographic will vested fee simple title of the marital residence in the husband following her death. The wife’s daughter filed a motion for a new trial. While the motion was pending, the daughter filed an action in the chancery court against the husband’s children from a previous marriage asserting, in essence, the same allegations she raised in the probate court action. The probate court subsequently denied the daughter’s motion for a new trial. In turn, the chancery court transferred the complaint to the probate court, and the probate court entered an order dismissing the complaint. The daughter filed an appeal to this Court raising numerous issues related to the declaratory judgment action and the compliant filed in chancery court. As for the declaratory judgment action, we are without jurisdiction to entertain issues related to that case since the daughter failed to file a timely appeal. |
Davidson | Court of Appeals | |
In the Matter of: T.M.C.
Mother appeals custody order of the Juvenile Court of Williamson County relative to her oldest child who had been previously determined by that Court to be a dependent and neglected child. The appeal is dismissed for lack of subject matter of jurisdiction and the case remanded to the Williamson County Juvenile Court. |
Williamson | Court of Appeals | |
State of Tennessee v. Joseph Vermeal
The appellant, Joseph Vermeal, was convicted by a jury in the Warren County Circuit Court of attempted aggravated sexual battery and was sentenced to four years incarceration in the Tennessee Department of Correction. On appeal, the appellant complains that the evidence is insufficient to support his conviction, the trial court erred in refusing to permit his expert witness to testify, and the trial court erred in imposing consecutive sentencing. Upon our review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Warren | Court of Criminal Appeals | |
Daniel Gates d/b/a Furniture World v. State Automobile Mutual Insurance Company and Walter Wallace
This case involves business interruption insurance. The furniture store owned by the plaintiff typically sells furniture under “rent to own” payment plans, whereby customers purchase the furniture through payments over time. The furniture store was damaged by a tornado. As a result, the store was closed for eight months for repairs. The plaintiff store owner had a business interruption insurance policy with the defendant insurance company that covered the loss of business income during the time in which the store was closed for restoration. The store owner sued the insurance company for the loss of business income it would have received during the eight-month period of restoration. Cross-motions for partial summary judgment were filed regarding how to measure the loss of income. The store owner claimed he was entitled to the entire value of sales contracts that would have been signed during the period of closure, even though most of the payments under those contracts would be due after the eight-month restoration period. The insurance company, on the other hand, claimed that the store owner was entitled only to the value of payments that actually would have been received by the store during the eight-month restoration period. The trial court granted partial summary judgment to the store owner, finding that the store owner was entitled to the entire value of the contracts that would have been signed during the restoration period. The insurance company was granted permission to file this interlocutory appeal. |
Madison | Court of Appeals | |
N. Victoria Holladay v. Charles Speed, et al.
Plaintiff homeowner filed a cause of action against Defendant builder alleging breach of express warranty, breach of implied warranty of good workmanship, misrepresentation, and violation of the Tennessee Consumer Protection Act. Plaintiff alleged damages in the amount of $15,000 and “other damages,” and also sought punitive damages. The trial court found no violation of the Consumer Protection Act and awarded Plaintiff damages in the amount of $11,103 for the cost of repairs. Plaintiff appeals and Defendant cross-appeals. We affirm in part, reverse in part, and remand. |
Shelby | Court of Appeals | |
Arthur W. Anderson, Sr., et al. v. James W. Rayner, et al.
This is the second time that this case has been on appeal. In this appeal, we are asked to determine if the trial court erred when it granted summary judgment to the defendants. The defendants assert that summary judgment was appropriate based on the claims and defenses raised at trial, including res judicata, law of the case, and statute of limitations. We affirm. |
Shelby | Court of Appeals | |
Arthur W. Anderson, Sr., et al. v. James W. Rayner, et al.
This is the second time that this case has been on appeal. In this appeal, we are asked to determine if the trial court erred when it granted summary judgment to the defendants. The defendants assert that summary judgment was appropriate based on the claims and defenses raised at trial, including res judicata, law of the case, and statute of limitations. We affirm. |
Shelby | Court of Appeals | |
Virginia Starr Segal v. United American Bank, David Charles Segal, Martin Grusin, and Rhonda Dileonardo
This is an action for conversion involving two ex-spouses. The wife was the lone signatory on two trust accounts for their daughters. Without authorization from the wife, the defendant bank transferred all of the funds in both trust accounts to the husband’s account. The wife then filed this lawsuit for conversion, fraud and breach of fiduciary duty against the bank, the bank employee who transferred the funds, and the husband. The defendants filed motions for summary judgment. As part of the plaintiff wife’s response, she admitted that she originally put the money into the trust accounts in order to defraud creditors during their divorce. The trial court granted summary judgment to the defendants, based in part on the doctrine of unclean hands. The plaintiff wife appeals. We affirm, finding that the trial court properly applied the doctrine of unclean hands. |
Shelby | Court of Appeals | |
In the Matter of: Frank G. Barton, Jr., deceased Patricia Levine v. Estate of Frank G. Barton, Jr.
This is a claim against an estate. The claimant and the decedent had a romantic relationship. After the decedent’s death, the claimant filed a claim against the decedent’s estate, based on alleged promises of financial support by the decedent in the course of their relationship. The estate moved for summary judgment. The trial court granted the motion, ruling that the claimant could not establish the existence of an enforceable contract or a valid gift. We affirm. |
Shelby | Court of Appeals | |
Rhonda Fay Demonbreun v. Richard Austin Demonbreun
In this post-divorce case, Richard Austin Demonbreun ("Father"), filed a petition to modify the parties' visitation arrangement, seeking additional time with one of the parties' three children. Rhonda Fay Demonbreun ("Mother"), the primary residential parent of the children, countered with a petition requesting an increase in child support and the imposition of an obligation upon Father to pay the children's unreimbursed medical expenses. In addition, Mother sought one-half of the refund associated with the parties' 1998 income tax return, and an award of her attorney's fees and court costs. Following a bench trial, the trial court (1) denied Father's petition to modify visitation with his oldest son; (2) increased Father's child support obligation and his share of non-covered medical expenses; (3) awarded Mother one-half of the 1998 income tax refund; (4) awarded Mother $5,000 in attorney's fees; and (5) ordered Father to pay all court costs. Father appeals all of the trial court's decrees, and Mother seeks an award of attorney's fees for the filing of a frivolous appeal. We affirm in part and reverse in part, but do not find this appeal to be frivolous in nature. |
Davidson | Court of Appeals | |
James Leath v. State of Tennessee
The petitioner, James Leath, appeals the denial of his petition for post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel at trial. The judgment is reversed and the cause is remanded with instructions. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Vincent A. Hester
A Roane County Criminal Court jury convicted the defendant, Vincent A. Hester, of attempted first degree murder, a Class A felony, and felony reckless endangerment, a Class E felony, and the trial court sentenced him to twenty years for the attempted murder and two years for the reckless endangerment to be served concurrently in the Department of Correction. The defendant appeals, claiming that the evidence is insufficient and that the trial court failed to perform its duty as the thirteenth juror pursuant to Rule 33(f) of the Tennessee Rules of Criminal Procedure. We affirm the judgments of the trial court. |
Roane | Court of Criminal Appeals | |
State of Tennessee, Department of Children's Services v. J.A.H., Jr., et al.
In this case, the biological father of a child contends that the trial court erred in terminating his parental rights. Father argues that the evidence presented is not sufficient to establish statutory grounds for termination and that the Tennessee Department of Children's Services failed to make reasonable efforts toward reunification. Upon our finding that father was incarcerated when the petition to terminate was filed and failed to visit the child for four consecutive months immediately preceding his incarceration and our further finding that the Department made reasonable efforts at reunification, we affirm the judgment of the trial court. |
Hamilton | Court of Appeals | |
LDI Design, LLC v. Glenn G. Dukes, et al.
This appeal arises from a multi-faceted business dispute. LDI Design, LLC, an engineering firm, was engaged by Dukes & Co., a real estate developer, to design plans for Spencer Hall, a planned subdivision in Franklin, Tennessee. LDI provided its engineering services, however, Dukes failed to fulfill its financial obligation to LDI. The parties negotiated a new agreement in April 1999 compromising a claim for damages by Dukes in consideration of a reduced fee for LDI's services. After Dukes failed to honor the new agreement, LDI filed this action. Dukes filed an answer denying liability and filed a counter complaint for damages due to deficiencies in the plans prepared by LDI. Spencer Hall, LLC, owner of the Spencer Hall subdivision, while not a party to the contract, joined in the counter complaint claiming to be a co-developer of the project and the third-party beneficiary of the contract between LDI and Dukes. The trial court dismissed the counterclaim finding the renegotiated agreement between LDI and Dukes constituted an accord and satisfaction that barred Duke's claims, and the evidence insufficient to prove any claim for damages against LDI. Although we find the new agreement did not bar Dukes' claim, we affirm the trial court's finding that the evidence failed to prove any claim for damages against LDI. We, therefore, affirm the dismissal of all claims against LDI. |
Williamson | Court of Appeals |