The Metropolitan Government of Nashville and Davidson County v. Cigna Healthcare of Tennessee, Inc.
The Metropolitan Government of Nashville and Davidson County appeals the summary dismissal of an action against Cigna Healthcare of Tennessee, Inc. The claims are a result of Cigna's failure to purchase a performance bond in assurance of Cigna's fulfillment of its obligation to Metro employees. Metro circulated a Request for Proposal to provide health insurance services for Metro employees for a four-year period which required the successful bidder to purchase a performance bond. Cigna was a successful bidder and fully performed all obligations, with the exception of the performance bond. As the term neared expiration, Metro discovered Cigna had not provided the bond and, moreover, that the parties had failed to execute a written agreement. After negotiations to execute a written agreement failed, Metro filed this action contending Cigna was unjustly enriched by failing to provide the performance bond and, alternatively, that Cigna was in breach of contract by failing to provide the bond. Cigna denied liability and moved for summary judgment. The trial court summarily dismissed the unjust enrichment claim finding Cigna had not charged Metro for the cost of a performance bond, thus it was not unjustly enriched. The trial court also dismissed the breach of contract claim finding Metro had failed to satisfy a condition precedent to recover on the claim. Metro appeals contending material facts are in dispute. We affirm the dismissal of both claims. |
Davidson | Court of Appeals | |
State of Tennessee v. Louise Dawson Marlow
The defendant, Louise Dawson Marlow, pled nolo contendere to reckless homicide and agreed to a sentence of seven years as a Range II, multiple offender. The trial court sentenced the defendant to one year in confinement followed by six years in community corrections. This Court concluded on direct appeal that the defendant was not eligible for community corrections and remanded for re-sentencing. Upon remand, the trial court re-sentenced the defendant to serve her entire sentence in confinement. The defendant again appeals, arguing that the trial court erred in re-sentencing. We affirm the judgment of the trial court. |
Coffee | Court of Criminal Appeals | |
Edward L. Ellis, Jr. v. John W. Bacon, M.D.
The unsuccessful plaintiff brings this appeal from the trial court's summary judgment dismissing his malpractice claim. Because the plaintiff did not respond to the defendant's properly supported Motion for Summary Judgment, we affirm. |
Sumner | Court of Appeals | |
Joe Clark Mitchell v. State of Tennessee
The Petitioner, Joe Clark Mitchell, appeals the trial court's denial of his motion to dismiss and expunge. The State has filed a motion requesting that the Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the State's motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Maury | Court of Criminal Appeals | |
Mark Steven Parker v. State of Tennessee
The Petitioner, Mark Steven Parker, appeals the lower court’s denial of his petition for post-conviction 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 petition was filed outside the applicable statute of limitation and is, therefore, time-barred. Accordingly, we affirm the trial court’s dismissal. |
Madison | Court of Criminal Appeals | |
Darrell E. Braddock v. State of Tennessee
The Petitioner, Darrell E. Braddock, 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 | |
Calvin J. Grissette v. State of Tennessee
The petitioner, Calvin J. Grissette, appeals the Davidson County Criminal Court's order dismissing his November 2, 2004 petition for post-conviction relief that challenged his 2003 convictions of second degree murder and attempt to commit second degree murder. In his petition, the petitioner claimed infirmity in his convictions due to the ineffective assistance of counsel. Because the record supports the post-conviction court's denial of relief, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Cecil Moss
The defendant, Cecil Moss, filed two motions in Dickson County Circuit Court requesting pretrial jail credits and sentencing credits on his two convictions for sale of cocaine and the trial court denied both motions. The defendant appeals, contending the trial court erred in denying him jail credit. We hold that this case is not properly before this court because no appeal as of right exists from the trial court's dismissal of the motions, and we dismiss the appeal. |
Dickson | Court of Criminal Appeals | |
William Binkley v. State of Tennessee
The petitioner, William Binkley, was convicted by a Rutherford County Circuit Court jury of attempted first degree murder and reckless endangerment, and the trial court sentenced him to an effective twenty-five-year sentence. Subsequently, the petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of trial counsel. After an evidentiary hearing, the post-conviction court denied post-conviction relief, and the petitioner appealed. The State argues that the appeal should be dismissed because the petitioner filed his post-conviction petition outside the one-year statute of limitations. We conclude that the case should be remanded in order for the post-conviction court to determine whether the petition was filed outside the one-year statute of limitations. Regarding the petitioner's ineffective assistance of counsel claim, we hold that the post-conviction court properly ruled that the petitioner did not receive the ineffective assistance of counsel. |
Rutherford | Court of Criminal Appeals | |
James Lavell Carrethers v. State of Tennessee
The petitioner, James Lavell Carrethers, appeals from the Davidson County Criminal Court's dismissal of his petition for post-conviction relief from his conviction for second degree murder, a Class A felony. He contends that the trial court erred in instructing the jury and that he received the ineffective assistance of counsel. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Basil Marceaux
The Petitioner, Basil Marceaux, appeals the trial court's dismissal of his motion to suppress evidence against him. The State has filed a motion requesting that the Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We find the State's motion has merit. Accordingly, the motion is granted and the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Van Buren | Court of Criminal Appeals | |
Patrick Stewart v. State of Tennessee
The Petitioner, Patrick Stewart, 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 | |
William Chase v. State of Tennessee
The petitioner, William Chase, appeals the summary dismissal of his petition for post-conviction relief. Because the post-conviction court erred by concluding that it was without jurisdiction to consider the petition, the judgment must be reversed and the cause remanded. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Robert Anthony Stewart, Jr.
The state appeals the Bedford County Circuit Court's suppression of statements made by the defendant at the defendant's second sentencing hearing. It claims that despite its failure during discovery to give the defendant notice of his statements, the trial court abused its discretion in suppressing the state's evidence, which it contends is the most drastic measure available and should only be employed when no other appropriate remedy exists. The state argues that granting the defendant a continuance would have been an appropriate remedy. We conclude the trial court erred in suppressing the statements and remand the case for further proceedings consistent with this opinion. |
Bedford | Court of Criminal Appeals | |
Maurice Hughley v. State of Tennessee
Plaintiff appeals the dismissal by the trial court of his action under the Uniform Administrative Procedure Act challenging the calculation of his prison sentence. Holding that his petition to review in the Chancery Court of Davidson County was untimely under Tennessee Code Annotated section 4-5-322(b)(1), the trial court dismissed the action. We affirm the trial court. |
Davidson | Court of Appeals | |
William Dorning, Sheriff of Lawrence County, Tennessee v. Ametra Bailey, County Mayor of Lawrence County, Tennessee
The Sheriff of Lawrence County filed an application in the circuit court pursuant to section 8-20-101 et seq. of the Tennessee Code seeking, among other things, funding for new vehicles, an additional administrative assistant for his investigators, two additional corrections officers for his jail, and increased salaries for his employees. The trial court granted the sheriff additional funding for these items. Regarding the salary increases, the trial court ordered that they be retroactive to the beginning of the prior fiscal year. The county appealed the trial court's decision regarding the aforementioned items to this Court. We reverse in part and affirm in part the decisions of the trial court. |
Lawrence | Court of Appeals | |
Robert Roysden v. State of Tennessee
The petitioner, Robert Roysden, appeals the denial of his petition for post-conviction relief, arguing that his guilty pleas were unknowing and involuntary and that he was denied the effective assistance of trial counsel. Following our review, we affirm the post-conviction court’s denial of the petition. |
Roane | Court of Criminal Appeals | |
Stace Lee Thompson v. The City of Lavergne
This appeal involves an action brought by Lieutenant Stace Thompson of the City of LaVergne Police Department under the Tennessee Human Rights Act. Lt. Thompson alleged he was demoted as a result of investigating the alleged sexual harassment of a police officer within the department by the administrative assistant to the Chief of Police. After a trial by jury, judgment was rendered in favor of Lt. Thompson in the amount of $300,000.00 for embarrassment and humiliation and $4,000.00 for loss of benefits. The City of LaVergne has appealed. Finding no reversible error, we affirm. |
Rutherford | Court of Appeals | |
State of Tennessee v.James Edward Long
Aggrieved of the Davidson County Criminal Court's revocation of his probation, the defendant, James Edward Long, appeals. He presents two issues on appeal: (1) whether the state adequately informed the defendant of the factual basis for the revocation and (2) whether the trial court abused its discretion in ordering the defendant to serve the balance of his sentence in confinement. We affirm the order of the Criminal Court. |
Davidson | Court of Criminal Appeals | |
Yvonne N. Robertson v. Tennessee Board of Social Worker Certification and Licensure, et al. - Dissenting
There is no question the Board could sanction Ms. Robertson for her undisputed violation of the ethical rules of conduct. While the severity of the sanction may appear disproportionate to the violation itself in view of all the circumstances, courts will generally refrain from reviewing the relation of a sanction to the violation, as long as it is within the range of authorized sanctions. |
Davidson | Court of Appeals | |
Yvonne N. Robertson v. Tennessee Board of Social Worker Certification and Licensure, et al.
The Tennessee Board of Social Worker Certification and Licensure appeals from the decision of the ChanceryCourt to set aside its disciplinary ruling revoking a licensed clinical social worker’s license for two years for engaging in a dual relationship with a client. The Chancellor set aside the Board’s ruling on the grounds the sanctions constituted an abuse of discretion and were arbitrary and capricious. We reverse the decision of the Chancery Court and reinstate the Board’s order of revocation. |
Davidson | Court of Appeals | |
June Betty Williams v. Saturn Corporation
This workers’ compensation appeal has been referred to the Special Workers’ Compensation Appeals Panel in accordance with Tennessee Code Annotated § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer asserts that the trial court erred in awarding $12,360 in temporary total disability benefits for the period between April 5, 2000, and September 19, 2000. We conclude that the evidence presented more appropriately supported a finding that the employee was entitled to temporary partial benefits in the amount awarded by the chancellor and, in accordance with Tennessee Code Annotated § 50-6-225(e)(2), affirm the judgment of the trial court as so modified. |
Maury | Workers Compensation Panel | |
State of Tennessee v. Tom Anderson
A Rutherford County Circuit Court jury convicted the appellant, Tom Anderson, of reckless endangerment committed with a deadly weapon and animal cruelty. The trial court sentenced him to concurrent sentences of one year for the reckless endangerment conviction and eleven months, twenty-nine days for the animal cruelty conviction. The trial court ordered the appellant to serve forty-five days in confinement on consecutive weekends and the remainder of his sentences on probation. On appeal, the appellant claims that the trial court erred by refusing to allow him to testify about two prior incidents in which the victim's dog acted aggressively. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
Dennis Wilson v. Blount County, Tennessee; Darrell McEachron; and Danny K. Carrigan
In this action against the County, which sold plaintiff’s properties at a back tax sale, plaintiff charges sheriff failed to comply with process statutes before returning the process “not to be found” and county improperly relied on publication to give notice to plaintiff. The Trial Court held sheriff exercised due diligence and constructive notice was proper. On appeal, we reverse. |
Blount | Court of Appeals | |
Randolph Jennings v. State of Tennessee
The petitioner, Randolph Jennings, appeals from the Hamilton County Criminal Court's denial of his petition for post-conviction relief from his conviction for aggravated robbery, a Class B felony, and sentence of seventeen years as a Range II, multiple offender. On appeal, he contends that he received the ineffective assistance of counsel because (1) his trial counsel failed to raise the issue that the state suppressed favorable evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194 (1963); (2) his trial counsel failed to explain his constitutional right to testify pursuant to Momon v. State, 18 S.W.3d 152 (Tenn. 1999); and (3) his appellate counsel failed to advise him of his right to appeal to the Tennessee Supreme Court in a timely manner. We reverse the judgment of the trial court, grant a delayed appeal, and stay further proceedings pending the delayed appeal to the Tennessee Supreme Court. |
Hamilton | Court of Criminal Appeals |