In Re Cortez P.
This is a termination of parental rights case. The trial court concluded that three grounds supported the termination of the father’s rights and also concluded that termination was in the child’s best interest. Although we reverse one ground for termination found by the trial court, we affirm the trial court as to the remaining grounds. Further, we conclude that the record supports the trial court’s holding that termination of the father’s parental rights is in the child’s best interest |
Hamblen | Court of Appeals | |
Oscar Smith v. State of Tennessee
Following a jury trial in 1990, Oscar Smith was sentenced to receive the death penalty in each of three first degree murder convictions in the Criminal Court of Davidson County. The Tennessee Supreme Court affirmed the convictions and sentences of death in State v. Smith, 868 S.W.2d 561 (Tenn. 1993). Mr. Smith is scheduled to be executed February 4, 2021. This appeal by Mr. Smith is from the trial court’s summary dismissal of “Oscar Smith’s Omnibus Request for Relief on His Jury Claims,” (hereinafter “Omnibus Request”). After oral arguments and review of the briefs and the appellate record, we affirm the judgment of the trial court in part, and dismiss the appeal in part. |
Davidson | Court of Criminal Appeals | |
MARTY HOLLAND v. STATE OF TENNESSEE
The Petitioner-appellee, Marty Holland, pled guilty to attempted first-degree murder and especially aggravated robbery. As part of the plea, he agreed to serve a seventeen-year sentence. He also agreed to serve the sentence concurrently with a previously imposed federal sentence for an unrelated bank robbery charge and consecutive to a state sentence for an unrelated theft charge. The Petitioner filed a petition for post-conviction relief, which the post-conviction court denied. The Court of Criminal Appeals affirmed the postconviction court’s denial of the petition but remanded the case for an evidentiary hearing regarding one issue: whether the Petitioner was fully informed of the circumstances of agreeing to serve concurrent state and federal sentences. This issue was not raised by the Petitioner in his post-conviction petition or on appeal, was not argued by either party during the post-conviction hearing or on appeal, and was not decided by the post-conviction court. Based on our review of the law and the record before us on appeal, we hold that the Court of Criminal Appeals was without authority under the Post-Conviction Procedure Act of 1995 to remand this case for consideration of an issue that was not raised by either party. Therefore, we reverse the decision of the Court of Criminal Appeals to remand this case, and we reinstate the post-conviction court’s denial of the petition. |
Hardeman | Supreme Court | |
State of Tennessee v. Tevin Mantez Harris
Following a bench trial, the trial court convicted the Defendant, Tevin Mantez Harris, of first degree premeditated murder and imposed the statutory sentence of life in prison. On appeal, the Defendant asserts that: (1) the trial court erred when it denied his motion to suppress; (2) the evidence is insufficient to support his conviction; and (3) the trial court improperly permitted the State to refresh a witness’s memory. After review, we affirm the trial court’s judgment. |
Robertson | Court of Criminal Appeals | |
Marcus Belton, et al. v. City of Memphis, et al.
A minority business owner sued the City of Memphis and two city officials alleging that the City wrongfully terminated his service contract and contracted with two non-minority owned companies for similar services in violation of state and federal law. The trial court ruled that the business owner failed to prove that race was a motivating factor in the City’s decision. On appeal, the business owner contends that the trial court erred in excluding relevant evidence and refusing to grant a mistrial after opening statement. Finding no reversible error, we affirm the judgment. |
Shelby | Court of Appeals | |
State of Tennessee v. Antonio Reed
A Crockett County jury convicted the defendant, Antonio Reed, of possession with intent to sell or deliver .5 grams or more of methamphetamine and introduction of contraband into a penal facility. Following a sentencing hearing, the trial court imposed an effective sentence of ten years in confinement. On appeal, the defendant challenges the sufficiency of the evidence to support his convictions and argues the trial court erred in admitting the drugs and lab report without a proper showing of the chain of custody. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. |
Crockett | Court of Criminal Appeals | |
In Re Braden K.
This case involves a petition to terminate the parental rights of a mother filed by the Tennessee Department of Children’s Services. In the petition, the Department alleged five grounds for termination of the mother’s parental rights. The juvenile court found that all five grounds were proven by clear and convincing evidence and that it was in the best interest of the child to terminate the mother’s parental rights. As a result, the juvenile court granted the petition, and the mother appealed. We affirm the juvenile court’s ruling and remand. |
White | Court of Appeals | |
Cameo Bobo v. City of Jackson, Tennessee
Appellant appeals the denial of her motion under Rule 60.02 of the Tennessee Rules of Civil Procedure. Because Appellant's brief fails to comply with Rule 27 of the Tennessee Rules of Appellate Procedure, we dismiss this appeal. |
Madison | Court of Appeals | |
State of Tennessee v. Nelson Yojeni Ochoa-Puentes
The defendant, Nelson Yojeni Ochoa-Puentes, appeals his Dickson County Circuit Court jury conviction of attempted second degree murder, arguing that the evidence was insufficient to support his conviction and that the trial court erred by admitting evidence of his immigration status. Discerning no error, we affirm. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Terry Lin Johnson
Defendant, Terry Lin Johnson, appeals from the trial court’s full revocation of probation in November 2019. Defendant argues that the trial court abused its discretion when it required Defendant to serve his entire sentence because no substantial evidence of a probation violation was presented at the probation revocation hearing. Defendant also argues that the trial court acted too harshly when it required Defendant to serve his entire sentence. After conducting a thorough review of the record, we affirm the judgment of the trial. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Paul N. Galbreath
The Defendant, Paul N. Galbreath, was convicted after a jury trial of the knowing physical abuse or gross neglect of an impaired adult, a Class C felony. See Tenn. Code Ann. § 71-6-119 (2011). In this appeal as of right, the Defendant contends that the evidence was insufficient to prove that he knowingly neglected or abused the victim. Following our review, we affirm the judgment of the trial court. |
Humphreys | Court of Criminal Appeals | |
Sun, Air, Water, & Land, Inc. v. Harold M. "Jack" Reynolds
The holder of a promissory note sued the maker. On a motion for summary judgment, the trial court granted the holder a judgment for the outstanding balance of the note plus interest. On appeal, the maker contends that the holder’s claim is barred by the doctrine of laches. If the claim is not barred, the maker argues that he is entitled to a set-off. We agree with the holder that the maker waived his laches argument. And the maker’s set-off claim fails for lack of mutuality. So we affirm. |
Sequatchie | Court of Appeals | |
Metropolitan Government Of Nashville And Davidson County, Et Al. v. Tennessee Department of Education, Et Al.
Davidson and Shelby counties sued the State of Tennessee to challenge the constitutionality of the Tennessee Education Savings Account Pilot Program. The trial court found that both counties had standing and that the act was unconstitutional under paragraph 2 of article XI, section 9 of the Tennessee Constitution. The State and intervening defendants appealed. We affirm |
Davidson | Court of Appeals | |
Timothy Aldridge v. State of Tennessee
The Petitioner, Timothy Aldridge, entered a guilty plea to second-degree murder and received a sentence of forty years’ imprisonment. He now appeals from the denial of postconviction relief, arguing that trial counsel was ineffective in misleading him to believe that, by pleading guilty, he would be incarcerated at the Lois M. DeBerry Special Needs Facility (“DeBerry”). He also argues that his guilty plea was not knowingly and voluntarily entered based on trial counsel’s assurance of the same. Upon our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Elizabeth Kerr Et Al. v. Lydia Henderson Et Al.
In this case involving the inheritance of an investment account, the three plaintiffs filed a complaint in September 2016, asserting, inter alia, that a letter executed by their father prior to his 2007 death had operated to create an express trust concerning the account, for which their stepmother had acted as trustee with the understanding that the plaintiffs were to be the beneficiaries of the account after her death. The plaintiffs alternatively sought imposition of a constructive trust. The plaintiffs’ stepmother, who is the subject decedent in this action, had died in April 2016. The plaintiffs initially named as defendants the co-executors of the decedent’s estate, as well as the financial institution holding the investment account. The trial court subsequently entered agreed orders to dismiss the financial institution as a party and to substitute as defendants the decedent’s three adult children from a previous marriage. Upon competing motions for summary judgment and following a hearing, the trial court granted summary judgment in favor of the plaintiffs, finding that an express trust had been created by the writings of the plaintiffs’ father and that, alternatively, a constructive trust should be imposed based on the combined writings and actions of the plaintiffs’ father and the decedent. The defendants filed a motion to alter or amend the judgment, which the trial court denied following a hearing upon finding in part that new evidence submitted by the defendants should not be considered. The defendants have appealed. Discerning no reversible error, we affirm. |
Johnson | Court of Appeals | |
Travis Kanipe v. Pragnesh Patel MD
This appeal arises from a health care liability lawsuit. In 2013, Sandra Kanipe (“Ms. Kanipe”) died from an undiagnosed aortic dissection while in the care of Dr. Pragnesh Patel, M.D. (“Dr. Patel”). Travis Kanipe (“Mr. Kanipe”), Ms. Kanipe’s son, sued Dr. Patel in the Circuit Court for Hamblen County (“the Trial Court”). After a trial, the jury found in favor of Dr. Patel. The Trial Court granted Mr. Kanipe’s motion for a new trial on grounds that Dr. Patel had, through his testimony, shifted blame to a non-party despite having never pled comparative fault. After a second trial, the jury found in favor of Mr. Kanipe. Dr. Patel appeals, arguing among other things that he never shifted blame. From our review of the record, we conclude that Dr. Patel did, in fact, shift blame to a non-party when he testified in the first trial that the nurses never notified him of Ms. Kanipe’s ongoing chest pain. In view of our Supreme Court’s holding in George v. Alexander, 931 S.W.2d 517 (Tenn. 1996), the Trial Court did not abuse its discretion in ordering a retrial. We affirm the judgment of the Trial Court. |
Hamblen | Court of Appeals | |
State of Tennessee v. Kareem Northington
Kareem Northington, Defendant, appeals from the summary dismissal of his motion to correct an illegal sentence, filed pursuant to Tennessee Rule of Criminal Procedure 36.1. After a review of the record, we affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
Audarius Watts v. State of Tennessee
The Petitioner, Audarius Watts, appeals the dismissal of his petition for post-conviction relief, arguing that the post-conviction court abused its discretion in summarily dismissing the petition. Following our review, we affirm the summary dismissal of the petition as time-barred. |
Trousdale | Court of Criminal Appeals | |
State of Tennessee v. Omari Shakir Davis
In this, his second delayed appeal, the defendant, Omari Shakir Davis, appeals the sentence imposed for his Davidson County Criminal Court guilty-pleaded conviction of possession with intent to sell or deliver 15 grams or more of a substance containing heroin, arguing that the trial court erred imposing an 18-year, fully-incarcerative sentence. Discerning no error, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Mansir
The Defendant-Appellant, Jeffrey Mansir, was convicted by a Blount County jury of kidnapping, in violation of Tennessee Code Annotated section 39-13-303, and assault, in violation of Tennessee Code Annotated section 39-13-101.1 He was sentenced as a Range II multiple offender to ten years’ imprisonment, to be served consecutively to a Knox County conviction. In this appeal as of right, the Defendant presents the following issues for our review: (1) whether the evidence is sufficient to sustain the Defendant’s conviction for kidnapping; (2) whether the trial court erred in denying the Defendant’s request for a mistrial following an improper comment by the victim; and (3) whether the trial court erred in sentencing the Defendant as a Range II offender based on a prior out of state felony conviction. Following our review, we affirm the judgments of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Donald Gardner
The defendant, Donald Gardner, appeals his Cocke County Circuit Court jury conviction of aggravated sexual battery, arguing that the evidence adduced at trial was insufficient to support his conviction. Discerning no error, we affirm. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Dallas Sarden
The Defendant-Appellant, Dallas Sarden, was convicted by a Washington County jury of first-degree felony murder and robbery, for which he received an effective sentence of life imprisonment plus five years. In this appeal as of right, the Defendant raises the following issues for our review: (1) whether the State committed prosecutorial misconduct and whether the trial court abused its discretion in denying the Defendant’s request for a mistrial based on the same; (2) whether the trial court erred in allowing the introduction of pre-recorded testimony of the forensic pathologist and whether the photographs displayed during the testimony unduly prejudiced the Defendant; (3) whether the evidence is sufficient to sustain the Defendant’s convictions; and (4) whether the Defendant is entitled to relief under the cumulative error doctrine. After a thorough review of the relevant facts and the applicable law, we affirm the judgments of the trial court. |
Washington | Court of Criminal Appeals | |
Highlands Physicians, Inc. v. Wellmont Health System
In this class action lawsuit involving an association of physicians alleging breach of an agreement by the defendant hospital corporation, a three-week jury trial resulted in a verdict of more than $57 million in damages. The trial court denied the defendant’s posttrial motions and subsequently awarded over $5 million in attorney’s fees and expenses. The defendant has appealed. Determining that the trial court erred in failing to submit the attorney’s fee issue to the jury, we vacate the award of attorney’s fees and expenses and remand the issue to the trial court for determination by a jury. We affirm the trial court’s judgment in all other respects. |
Sullivan | Court of Appeals | |
Jose Alvarado v. State of Tennessee
The Petitioner, Jose Alvarado, appeals from the Davidson County Criminal Court’s denial of post-conviction relief from his conviction for aggravated sexual battery. On appeal, the Petitioner argues that his trial counsel provided ineffective assistance in failing to call certain witnesses and present certain evidence and that trial counsel’s actions deprived him of his right to testify at trial. Following our review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Felix Hall v. State of Tennessee
The Petitioner, Felix Hall, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief challenging his convictions for theft of property valued at $10,000 or more but less than $60,000, burglary of a building other than a habitation, and theft of property valued at $500 or less. The Petitioner contends that he received ineffective assistance of counsel. After review, we affirm the judgment of the postconviction court. |
Shelby | Court of Criminal Appeals |