City of Memphis v. John Pritchard
The City of Memphis appeals the dismissal of a parking ticket issued by the staff of the Downtown Memphis Commission. The City argues that the circuit court erred in granting summary judgment against it based on a wrongful interpretation of the authority delegated by city ordinances. Additionally, The City argues that genuine issues of material fact remained that prevented summary judgment and contends that the circuit court erred in not granting a motion to alter or amend its order. We affirm. |
Shelby | Court of Appeals | |
Samuel Jace England v. Amber Leigh Lowry
A husband and wife were divorced after three years of marriage. The trial court divided the marital assets and debts and designated the husband as the primary residential parent. The wife appeals the court’s finding of transmutation and designation of the husband as the primary residential parent, and both parties challenge aspects of the division of property. We affirm the trial court’s judgment in all respects. |
Cumberland | Court of Appeals | |
State of Tennessee v. Amanda Faye Layne
Defendant, Amanda Faye Layne, was convicted by a jury of simple possession of a Schedule II controlled substance and possession of drug paraphernalia. On appeal, Defendant argues that the trial court erred in limiting cross-examination of the arresting officer regarding a pretrial statement, that the State committed improper prosecutorial argument in closing argument, and cumulative error. After a thorough review of the record and applicable case law, we affirm the judgments of the trial court. |
Grundy | Court of Criminal Appeals | |
Robert Rodgers v. Rent-A-Center East Inc. ET AL.
Employee was injured in an automobile accident in the course and scope of his employment with Employer. The authorized treating physician and an authorized second opinion physician concluded that Employee suffered zero percent (0%) permanent impairment from his injury and released Employee to return to work. Employee did not successfully return to work and sought private medical treatment, including an independent medical examination (“IME”). The Employee’s IME physician assigned a seven percent (7%) permanent impairment rating. Employer then sought an independent medical evaluation from a physician chosen from the Medical Impairment Registry (“MIR”). The MIR physician assigned a two percent (2%) permanent impairment rating. The trial court adopted the seven percent (7%) permanent impairment rating and awarded permanent partial disability benefits based on a multiplier of three, having determined Employee failed to make a meaningful return to work, for an award of 21% permanent partial disability to the body as a whole. The court further awarded 104 weeks of temporary total disability benefits and certain discretionary costs. Employer has appealed, arguing that the trial court erred in adopting the rating of Employee’s IME physician rather than the MIR physician’s rating; in determining Employee did not make a meaningful return to work; in awarding extended temporary total disability benefits; and in awarding Employee his discretionary costs. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. Following our review of the trial court’s judgment and the record on appeal, we modify in part, affirm in part, and reverse in part. |
Shelby | Workers Compensation Panel | |
State of Tennessee v. Jeremy Ward
A jury convicted the Defendant, Jeremy Ward, of aggravated robbery, aggravated burglary, employment of a firearm during the commission of or attempt to commit aggravated burglary, and being a felon in possession of a firearm. On appeal, the Defendant asserts that the evidence regarding identity was insufficient to support the conclusion that he was the culprit, that the trial court erred in denying his motion to suppress the victim’s show-up identification, and that the trial court erred in denying relief when the State produced discovery mid-trial. After a thorough review of the record, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Demarkus Taylor v. State of Tennessee
Petitioner, Demarkus Taylor, appeals from the post-conviction court’s summary dismissal of his post-conviction petition as untimely. After reviewing the record and applicable case law, the judgment of the post-conviction court is affirmed. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. John Kelly Gross
John Kelly Gross, Defendant, was convicted following a bench trial of one count of aggravated burglary and one count of vandalism. As a result, Defendant was sentenced to an effective sentence of six years. Defendant appealed, arguing that the evidence was insufficient to support the conviction for aggravated burglary. After a review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Herbert Moncier v. Timothy Wheeler
Petitioner appeals the denial of his motion to recuse the trial court in an attorney’s fees lawsuit. Because the Petitioner failed to comply with the mandatory requirements of Rule 10B of the Rules of Tennessee Supreme Court, we affirm the trial court’s ruling. |
Knox | Court of Appeals | |
William A. Reese, Jr. v. Dominick Amari
This is an action to revive a judgment originally entered in 1987; the judgment debtor moved to have the judgment set aside, contending that the judgment was void. The trial court denied the motion and renewed the judgment; the judgment debtor appeals. Upon our review, we conclude that the record shows that the debtor answered the complaint but failed to appear at the trial, which proceeded in his absence and led to the judgment; consequently, the judgment was valid. Accordingly, we affirm the trial court’s denial of the motion to set aside the judgment. |
Wilson | Court of Appeals | |
Kenneth Brian Coates v. Tyson Foods, Inc.
Kenneth Brian Coates (“Employee”) worked as a feed mill supervisor for Tyson Foods, Inc. (“Employer”). On June 6, 2013, Employee was using a sledge hammer to help unload soybean meal from a railcar when he started to feel pain in his elbows. Employee sought treatment with his family physician, who diagnosed him with tennis elbow in both arms, and informed him that his symptoms may resolve. On December 23, 2014, Employee met with an orthopedic surgeon who recommended surgery. The surgery was performed on Employee’s right elbow in January 2015 and on his left elbow in March 2015. Employee did not miss any work related to his injury until the date of his first surgery. Employee did not return to work for Employer following his surgeries. Employee filed a Request for a Benefit Review Conference with the Tennessee Department of Labor, which resulted in an impasse. Employee brought suit, and the trial court awarded him back temporary total disability benefits and permanent partial disability benefits. Relevant to the issues on appeal, the trial court determined that Employee’s claim was timely filed and that he did not have a meaningful return to work. Employer has appealed. The appeal has been referred to the Special Workers’ Compensation Appeals Panel for a hearing and a report of findings of fact and conclusions of law pursuant to Tennessee Supreme Court Rule 51. We affirm the judgment. |
Obion | Workers Compensation Panel | |
State of Tennessee v. Gary Campbell
The State appeals as of right from the trial court’s order dismissing the indictment against the Defendant, Gary Campbell. See Tenn. R. App. P. 3(c)(1); State v. Meeks, 262 S.W.3d 710, 721 (Tenn. 2008). Campbell was indicted by the Shelby County Grand Jury for one count of sexual exploitation of a minor. See Tenn. Code Ann. § 39-17-1003. Campbell filed a motion to suppress, claiming that the search warrant affidavit failed to establish probable cause for the search of his residence. Following an evidentiary hearing, the trial court granted the motion to suppress and dismissed Campbell’s indictment. On appeal, the State argues that the trial court erred in granting the suppression motion and in dismissing the indictment because (1) the affidavit in support of the search warrant for Campbell’s property was sufficient to establish probable cause and (2) exigent circumstances supported the search. After carefully reviewing the record and the applicable law, we reverse the order of the trial court granting the motion to suppress, vacate the order dismissing the indictment, and remand for further proceedings consistent with this opinion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joseph Jason Qualls
A McNairy County jury convicted the Defendant-Appellant, Joseph Jason Qualls, of aggravated sexual battery and three counts of violating the sex offender registry, for which he received an effective sentence of twenty years’ imprisonment. On appeal, the sole issue presented for our review is whether the evidence is sufficient to support his conviction of aggravated sexual battery. Upon review, we affirm the judgment of the trial court. |
McNairy | Court of Criminal Appeals | |
State of Tennessee v. Warren Smith
The Defendant, Warren Smith, was convicted by a jury of sexual battery, for which he received a three-year sentence as a Range II, multiple offender. On appeal, the Defendant argues that there was insufficient evidence to support his conviction because the victim’s testimony was incredible and the State failed to establish that the touching was intentional and committed for a sexual purpose. After review, we conclude that the trial court committed reversible error in constructively amending the indictment in its charge to the jury and that the Defendant’s conviction must be reversed and the case remanded for a new trial. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Benjamin R. Franklin
The Defendant, Benjamin R. Franklin, appeals his convictions for three counts of vehicular homicide by intoxication and three counts of vehicular homicide by reckless driving. The Defendant argues that (1) the trial court erred by admitting Tennessee Bureau of Investigation (TBI) blood and urine test results; (2) the court erred by admitting photographs of the victims at the crash scene; (3) the evidence was insufficient relative to intoxication; (4) the court erred by denying the Defendant’s motion for a mistrial during the State’s rebuttal argument; and (5) the court erred in sentencing by imposing the maximum sentence, ordering consecutive sentencing, and suspending the Defendant’s driver’s license for ten years. After a thorough review of the record and applicable law, we affirm. |
Houston | Court of Criminal Appeals | |
Tazarius Jay Vond Leach v. State of Tennessee
The Petitioner, Tazarius Jay Vond Leach, appeals from the denial of his petition for post-conviction relief from his convictions of two counts of aggravated robbery and one count of carjacking and his effective fifteen-year sentence. He contends that the |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael Powell
A Rhea County Circuit Court Jury convicted the Appellant, Michael Powell, of one count of aggravated statutory rape. The trial court imposed a sentence of three years and nine months in the Tennessee Department of Correction. On appeal, the Appellant challenges the trial court’s denial of alternative sentencing. Upon review, we affirm the judgment of the trial court. |
Rhea | Court of Criminal Appeals | |
Adam Davis v. State of Tennessee
The Petitioner, Adam Davis, sought post-conviction relief alleging ineffective assistance of counsel after he was convicted of two counts of aggravated sexual battery and received an effective sentence of eight years’ imprisonment. The post-conviction court denied relief. On appeal, the Petitioner asserts that his right to counsel was violated by trial counsel’s failure to investigate and call character witnesses and failure to investigate and present medical evidence regarding his erectile dysfunction. He also urges this court to remand the case with an order for the post-conviction court to make further factual findings and credibility determinations. After a thorough review of the record, we conclude that the post-conviction court’s findings are adequate to permit review and that the |
Montgomery | Court of Criminal Appeals | |
Todd Randolph Napier v. Kristen C. Napier
Father appeals the trial court’s denial of his motion to set aside a default judgment. Discerning no abuse of discretion in the trial court’s decision, we affirm and remand for a determination of Mother’s fees incurred in this appeal. |
Williamson | Court of Appeals | |
Dontayell Balfour v. State of Tennessee
Petitioner, Dontayelle Balfour, appeals the denial of his post-conviction petition. Petitioner argues that he was denied effective assistance of counsel when his trial counsel failed to adequately consult with him and failed to fully investigate witnesses that Petitioner requested prior to Petitioner’s guilty plea to second degree murder. Following a review of the briefs of the parties and the record, we affirm the judgment of the postconviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marvin Glenn Borden
Defendant, Marvin Glenn Borden, was charged with one count of possession of more than 0.5 gram of methamphetamine with intent to sell or deliver and one count of possession of drug paraphernalia. Defendant filed a motion to suppress, which was denied by the trial court. Thereafter, Defendant pled guilty to the possession of methamphetamine charge with an agreed four-year sentence as a Range I offender to be served in confinement. The State dismissed the drug paraphernalia charge. Defendant reserved a certified question of law under Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure, challenging the trial court’s denial of the motion to suppress. After review, we affirm the judgment of the trial court. |
Weakley | Court of Criminal Appeals | |
State of Tennessee v. Jamarcus Miller
Defendant, Jamarcus Miller, was indicted by a Shelby County grand jury for first-degree premeditated murder (Count 1) and |
Shelby | Court of Criminal Appeals | |
in Re Madison J.
This case involves the termination of a biological mother’s parental rights to her minor child. The father and the stepmother initiated the case by filing a petition to terminate the mother’s rights and to allow stepmother to adopt the child. In their petition, the parties argued the mother abandoned the child by failing to visit and failing to provide support. Trial was held in March 2017, nearly three years after the petition was filed. In June 2019, the trial court granted the petition and entered its final order, finding there was clear and convincing evidence that the mother abandoned the child and that it was in the child’s best interests to terminate the mother’s parental rights. The mother timely appealed. We affirm in part, reverse in part, and remand. |
Montgomery | Court of Appeals | |
The Metropolitan Government Of Nashville & Davidson County, Tennessee v. Prime Nashville, LLC
This is an action to enforce a citation from the Codes Department of the Metropolitan Government for operating a short-term rental property without a permit. The owner of the property appeals the default judgment entered as a sanction for failing to comply with the trial court’s order granting a motion to compel discovery. Upon a thorough review of the record, we have determined that the trial court did not abuse its discretion in entering the judgment as a sanction; accordingly, we affirm the judgment in all respects. |
Davidson | Court of Appeals | |
State of Tennessee v. Sparkle Trenetta Jones
A Knox County Criminal Court Jury convicted the Appellant, Sparkle Trenetta Jones, of selling and delivering less than fifteen grams of heroin within a drug-free school zone, Class A felonies. After a sentencing hearing, the trial court ordered that she serve seventeen years for each conviction and merged the convictions. On appeal, the Appellant contends that the evidence is insufficient to support the convictions; that trial court committed plain error by allowing irrelevant testimony; and that the trial court erred by applying two enhancement factors. Based upon the record and the parties’ brief, we find no reversible error and affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Danielle Lynette Wright
Defendant, Danielle Lynette Wright, was convicted of second-degree murder by a Knox County Jury. She received a sentence of seventeen years’ incarceration. On appeal, Defendant argues that the evidence was insufficient to sustain her conviction of seconddegree murder. After a thorough review of the record, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals |