In Re Conservatorship of John Martin Muldoon
This appeal arises from a petition to appoint a conservator under Tennessee Code Annotated section 34-1-121. The petitioner/wife was originally appointed as conservator of respondent/husband in October 2018. Thereafter, the parties could not agree on an appropriate Statement of Evidence. The trial court ordered a new hearing so a court reporter could be present to provide a Transcript of Evidence. The respondent filed an appeal to this Court, which was dismissed for lack of appellate jurisdiction due to the non-final order. A new hearing took place in July 2019. The trial court found petitioner met her burden under Tennessee Code Annotated sections 34-1-101(7) and 34-1-126 and appointed the petitioner as conservator over the respondent’s person and property. The respondent appealed. |
Cumberland | Court of Appeals | |
Thomas Robert Blakemore v. Lynn Ann Blakemore
This divorce action concerns the trial court’s division of the marital estate, calculation of child support, and its denial of alimony and attorney fees. We affirm in part, vacate in part, and remand for proceedings consistent with this opinion. |
Henry | Court of Appeals | |
Janet Tidwell v. Holston Methodist Federal Credit Union, et al.
Former CEO brought an action for libel, false light invasion of privacy, and retaliatory discharge pursuant to the Tennessee Public Protection Act. In this appeal from the trial court’s dismissal of the amended complaint pursuant to Tennessee Rule of Civil Procedure 12.02(6), we affirm the trial court. |
Knox | Court of Appeals | |
James V. Holleman v. Barbara J. Holleman
This is the second appeal of this case. In Holleman v. Holleman, No. E2018-00451- COA-R3-CV, 2019 WL 2308066 (Tenn. Ct. App. May 30, 2019), this Court remanded the case to the trial court for the sole purpose of determining the amount of Husband’s reasonable attorney’s fees and expenses under the parties’ Marital Dissolution Agreement. On remand, Appellee/Husband provided an attorney affidavit and timesheets to support his request for $11,260.00 in fees. Appellant/Wife provided no evidence to dispute the amount, and the trial court entered judgment for Husband for the full amount. Wife contends that she did not receive proper notice of the hearing on Husband’s motion and further contends that the trial court erred in awarding Husband his attorney’s fees and expenses. Discerning no error, we affirm. |
Knox | Court of Appeals | |
In Re Estate of Doris Marie Sublett Dorning
A Tennessee Supreme Court Rule 10B petition for recusal appeal was filed in this Court following the trial court’s denial of a motion for recusal. For the reasons stated herein, we affirm the trial court’s denial of the motion. |
Lewis | Court of Appeals | |
In re Shyanne H. et al.
This is a termination of parental rights case brought by the Tennessee Department of Children’s Services. The juvenile court terminated the parental rights of the mother and the father on the grounds of persistence of conditions and severe child abuse, pursuant to Tennessee Code Annotated sections 36-1-113(g)(3) and 36-1-113(g)(4), respectively. The juvenile court also terminated the father’s parental rights on the additional ground of severe child abuse pursuant to Tennessee Code Annotated section 36-1-113(g)(5). The Mother appealed the grounds for termination as well as the juvenile court’s finding that termination was in the children’s best interests, while the father only appealed the juvenile court’s best interests finding. Discerning no reversible error, we affirm. |
Williamson | Court of Appeals | |
Anthony D. Herron v. State of Tennessee
This is an accelerated interlocutory appeal as of right, pursuant to Tennessee Supreme Court Rule 10B, from the trial court’s denial of a motion for recusal. Having reviewed the petition for recusal appeal, pursuant to the de novo standard as required under Rule 10B, |
Court of Appeals | ||
Juan Cerano v. State of Tennessee
The Petitioner, Juan Cerano, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his convictions of rape of a child, a Class A felony, and aggravated sexual battery, a Class B felony, and resulting thirty-year sentence. On appeal, the Petitioner contends that the post-conviction court erred in finding that he was not prejudiced by trial counsel’s failure to include records from the Department of Children’s Services with the appellate record on direct appeal of his convictions, which resulted in this court’s being unable to review whether the trial court properly ruled that the records were inadmissible at trial. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Ronald Hudson v. State of Tennessee
The pro se Petitioner, Ronald Hudson, appeals the summary dismissal of his petition for post-conviction relief as time-barred, arguing that he should be afforded counsel and an evidentiary hearing because his petition was timely. The State agrees there is some evidence that the petition was timely but notes that the Petitioner’s notice of appeal was clearly untimely. Because the notice of appeal is untimely and we find nothing that warrants the waiver of the timely notice of appeal requirement, we dismiss the appeal. |
Shelby | Court of Criminal Appeals | |
JENNIFER BLAIR DEMATTEO TURK v. MICHAEL JOSEPH TURK, JR.
This divorce action concerns the trial court’s setting of the residential schedule and calculation of child support. We affirm the trial court’s judgment on both issues and also deny the competing requests for attorney fees on appeal. |
Rutherford | Court of Appeals | |
Steven Sudbury v. Sumner County Regional Airport Authority
The plaintiff filed this action against his employer for breach of contract by failing to provide the plaintiff with severance pay after the employer terminated the contract without cause. The trial court granted summary judgment to the plaintiff, determining that it was undisputed that the plaintiff was terminated without cause, which entitled him to severance pay pursuant to the employment contract. On appeal, the defendant argues that a genuine issue of material fact exists and that the trial court erred in granting the plaintiff’s motion for summary judgment by failing to conduct an objective inquiry as to whether cause was present to terminate the plaintiff’s employment. We affirm the judgment of the trial court. |
Sumner | Court of Appeals | |
Kayla Rawson v. William A. Monroe
This case involves modification of a permanent parenting plan. The father has appealed, arguing that the trial court’s order does not contain a sufficient best interest analysis or the requisite factual findings to support its decision. We have concluded that the order contains sufficient factual findings and the required best interest analysis. The father did not provide a transcript or statement of the evidence presented before the trial court that would enable us to review the evidentiary basis for the trial court’s findings. As such, we must affirm the decision of the juvenile court. We grant Mother’s request for an award of attorney’s fees on appeal. |
Rutherford | Court of Appeals | |
State of Tennessee v. Darron Rogers
The Defendant, Darron Rogers, was convicted by a Madison County Circuit Court jury of possession of marijuana with intent to sell and possession with intent to deliver, Class E felonies; and possession of drug paraphernalia, a Class A misdemeanor. He was sentenced to an effective term of four years in the Department of Correction. On appeal, the Defendant argues that the trial court erred in allowing a witness to testify that she knew him by the nickname of “Weed.” After review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Tina Nichole Lewis
The Defendant, Tina Nichole Lewis, was charged with one count of second degree murder through the unlawful distribution of fentanyl and amphetamine and one count of delivery of fentanyl and amphetamine. The trial court granted the Defendant’s motion to dismiss the charges on the basis that the indictment was duplicitous because it charged a single count of each offense by listing two Schedule II drugs, fentanyl and amphetamine. The State appeals the dismissal of the homicide charge. We conclude that the indictment, which charged one single offense of homicide, was not duplicitous, and we accordingly reverse the trial court’s dismissal of the charge. |
Williamson | Court of Criminal Appeals | |
Christopher H. Martin v. Mike Parris, Warden and State of Tennessee
The pro se Petitioner, Christopher H. Martin, appeals from the Morgan County Criminal Court’s order summarily denying his petition for a writ of habeas corpus. The State has filed a motion to affirm the habeas corpus court’s judgment pursuant to Rule 20 of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the judgment of the habeas corpus court. |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. Eric Bernard Howard
Eric Bernard Howard, Movant, filed a pro se “Motion to Correct Judgment Pursuant to Tennessee Rules of Criminal Procedure 36.1” (the Rule 36.1 Motion). The trial court found that the Rule 36.1 Motion failed to state a colorable claim and summarily denied the Rule 36.1 Motion. We affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jimmy M. Cruse
A Madison County jury convicted the defendant, Jimmy M. Cruse, of driving under the influence (“DUI”), third offense. The trial court imposed a sentence of eleven months and twenty-nine days in the Madison County Jail. On appeal, the defendant challenges the sufficiency of the evidence supporting his conviction. Upon our review of the record, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Michael Wright
In a sealed indictment, the Defendant-Appellant, Michael Wright, was charged by a Davidson County grand jury with alternative counts of first-degree premeditated murder and murder in the perpetration of or attempt to perpetrate a robbery of Gregory “Pee Wee” Johnson (counts one and two), and first-degree premeditated murder of Daresha Cole (count three). A petite jury convicted the Defendant as charged of felony murder in count one and first-degree premeditated murder in count three, for which he received consecutive sentences of life imprisonment. In this appeal as of right, the Defendant raises the following issues for our review: (1) whether the trial court erred in denying the Defendant’s motion to dismiss based on a violation of the Interstate Compact on Detainers (ICD); (2) whether the trial court erred in denying the Defendant’s motion to sever offenses; (3) whether the trial court erred in admitting the Defendant’s social media posts; (4) whether the evidence is sufficient to sustain the Defendant’s convictions; and (5) whether the trial court erred in imposing consecutive sentencing. Following our review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jeremy Reynolds
The Defendant, Jeremy Reynolds, appeals his Hamilton County Criminal Court jury conviction for first degree premeditated murder. See Tenn. Code Ann. § 39-13-202. On appeal, the Defendant argues that (1) the evidence was insufficient to support his conviction; (2) the trial court erred by admitting evidence that the Defendant and other individuals were gang members in violation of Tennessee Rules of Evidence 403 and 404(b); (3) exculpatory evidence, namely the victim’s gunshot residue test and a photograph referenced by the gang report, were improperly withheld by the State; (4) the trial court erred by failing to compel the State to produce the above-referenced gunshot residue test and photograph; and (5) the cumulative effect of these errors deprived the Defendant of a fair trial. After a thorough review of the record and applicable law, we conclude that the evidence is insufficient relevant to premeditation and that some of the evidence relative to gangs was improperly admitted. We remand for a new trial on one count of second degree murder, in which some gang evidence shall be excluded. |
Hamilton | Court of Criminal Appeals | |
Geneva Jessica Day v. Beaver Hollow L.P., Et Al.
This appeal concerns a jury verdict in a slip and fall case. Geneva Jessica Day (“Plaintiff”), a resident of Beaver Hollow Apartments (“the Apartments”), sued Beaver Hollow L.P. (“BHLP”), which owned the Apartments, as well as Olympia Management, Inc. (“Olympia”) (“Defendants,” collectively), the entity BHLP contracted with to manage the Apartments, in the Circuit Court for Washington County (“the Trial Court”). Plaintiff was injured when she slipped on ice and snow in the Apartments’ parking lot. The jury allocated 49% of the fault to Plaintiff, 50% to Olympia, and 1% to BHLP. Defendants appeal. Defendants argue, among other things, that no material evidence supports the jury’s allocation of fault to BHLP. After a careful review of the record, we find no material evidence to support the jury’s verdict regarding BHLP, which exercised no actual control of the premises whatsoever. The Trial Court erred in denying Defendants’ motion for a directed verdict with respect to BHLP. As we may not reallocate fault, we vacate the judgment of the Trial Court, and remand for a new trial. |
Washington | Court of Appeals | |
Pedro Ignacio Hernandez v. State of Tennessee
The Petitioner, Pedro Ignacio Hernandez, appeals the post-conviction court’s summary dismissal of his post-conviction petition without a hearing to determine whether due process dictates the tolling of the statute of limitations. The State concedes that the |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Charles Bernard Griffin
The Defendant, Charles Bernard Griffin, appeals his convictions for especially aggravated robbery and possession of a firearm while having a prior felony conviction involving the use or attempted use of force, violence, or a deadly weapon, for which he received an effective sentence of seventy-five years as a career offender. On appeal, the Defendant challenges the sufficiency of the evidence and the trial court’s denial of his motion to bifurcate the trial. We affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Kenneth K. Altom, Jr. Et Al. v. Capital Resorts Group, LLC Et Al.
This is an appeal from an order denying the defendants’ motions seeking to compel the parties to participate in mandatory arbitration. The trial court denied the motions to compel arbitration with respect to “the issue of the unconscionability of the precise agreement to arbitrate or delegation to arbitration” and “the issue of cancellation of the purchase agreements,” finding that such issues presented questions for the court rather than an arbitrator. The trial court also determined that the defendants had not waived their right to arbitration. The defendants timely appealed. Discerning no reversible error, we affirm the trial court’s judgment. |
Knox | Court of Appeals | |
State of Tennessee v. Adonis Reynolds
The Appellant, Adonis Reynolds, pled guilty in the Knox County Criminal Court to two counts of burglary of a vehicle, one count of fraudulent use of a credit card, two counts of theft, and one count of evading arrest. Pursuant to the plea agreement, he received an effective three-year sentence in the Tennessee Department of Correction (TDOC). The trial court granted the Appellant judicial diversion and placed him on supervised probation for three years. Subsequently, the trial court revoked his probation and his judicial diversion and ordered that he serve his effective three-year sentence in confinement. On appeal, the Appellant contends that the trial court abused its discretion by revoking his probation and judicial diversion. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Ski Chalet Village Owners Club, Inc. v. Richard Pate Et Al.
Following a jury trial in the underlying contract action and upon a verdict finding misrepresentation/concealment, the trial court entered a monetary judgment in favor of the plaintiff, Ski Chalet Village Owners Club, Inc. (“Ski Chalet”), and against the defendants, Richard Pate and Clint Bowman d/b/a P&B Construction & Remodeling, and J. Ron Dillmon, jointly and severally, in the amount of $166,401.26 for compensatory damages plus $190,000.00 in punitive damages.1 The trial court also awarded to Ski Chalet a $1,000.00 judgment against Mr. Dillmon on a separate claim of defamation. Upon Mr. Dillmon’s subsequent pro se motion, the trial court denied his request for a new trial, finding, inter alia, that Mr. Dillmon had failed to meet his burden of providing a valid excuse for his failure to appear at trial, failed to file any pleadings stating the reason for his failure to appear, and refused to testify under oath when given an opportunity to explain his failure to appear. In addition, the trial court found that an affidavit executed by a physician who had treated Mr. Dillmon, which Mr. Dillmon had filed with his motion for a new trial, did not sufficiently support a valid reason for Mr. Dillmon’s failure to appear. The trial court subsequently denied a motion filed by Mr. Dillmon for production of the trial transcript. Concerning a motion for the trial court judge’s recusal and a motion for contempt against opposing counsel filed by Mr. Dillmon after he had filed a notice of appeal, the trial court entered an order finding that it did not have subject matter jurisdiction to consider either motion. Mr. Dillmon has appealed. Discerning no reversible error, we affirm. Upon an issue raised by Ski Chalet, we decline to find the appeal frivolous and deny Ski Chalet’s request for attorney’s fees and expenses on appeal. |
Sevier | Court of Appeals |