State of Tennessee v. Thomas Clinton Wood
Defendant, Thomas Clinton Wood, was indicted by the Putnam County Grand Jury for one count of aggravated assault with a deadly weapon. Following a jury trial, Defendant was convicted as charged and sentenced by the trial court to three years in confinement as a Range I standard offender. On appeal, Defendant contends that the evidence was insufficient to support his conviction for aggravated assault, and that the trial court erred by denying alternative sentencing. After a careful review of the record, we affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
Joshua Keller v. Janice Casteel, Et Al.
This action involves the petitioner’s termination of employment as a firefighter for the City of Cleveland. The petitioner filed a petition for writ of certiorari and sought partial summary judgment, alleging, inter alia, that the termination procedure was unlawful. The trial court agreed and granted partial summary judgment. The case proceeded to a hearing on damages, after which, the court found that the petitioner failed to exercise reasonable diligence in securing employment. The petitioner filed a motion to alter or amend. The court then altered its original order and held that material evidence existed in the record to support the termination decision, reversing the order for partial summary judgment and dismissing the action. The petitioner appeals. We reverse. |
Bradley | Court of Appeals | |
State of Tennessee v. Torvarius E. Mason
Defendant, Torvarius E. Mason, was found guilty of first degree premeditated murder and was sentenced to life imprisonment. On appeal, Defendant argues that the trial court erred by not instructing the jury on the lesser-included offense of voluntary manslaughter and that the evidence was insufficient to support his conviction. After review, we affirm the judgment of the trial court. |
Haywood | Court of Criminal Appeals | |
State of Tennessee v. Jonathon Trotter
This appeal concerns the unauthorized practice of law. The State of Tennessee (“the State”) filed a complaint in the Circuit Court for Knox County (“the Trial Court”) against Jonathon Trotter (“Trotter”) alleging that he engaged in the unauthorized practice of law. Trotter had advertised on Facebook and Craigslist that, for a fee, he would prepare various legal documents for customers. Trotter, however, was not an attorney. The State filed a motion for summary judgment, which Trotter failed to reply to in a manner compliant with the Tennessee Rules of Civil Procedure. The Trial Court granted the State’s motion with respect to liability. The Trial Court later assessed damages against Trotter. Trotter appeals, arguing material facts are disputed such that his case should survive summary judgment and proceed to trial. We find and hold that the State made a properly supported motion for summary judgment, and that Trotter failed to show that there is a genuine disputed issue of material fact. We affirm. |
Knox | Court of Appeals | |
Robert Eugene Hulan, Et Al. v. Coffee County Bank
A bank extended a line of credit to a husband and wife in 2007 and obtained as security a parcel of undeveloped property. The bank foreclosed on the property in 2009 upon the couple’s default on the loan and filed suit in 2010 to collect a deficiency judgment. The trial court’s award of a deficiency judgment was reversed on appeal. The husband and wife then filed a complaint against the bank in 2014, based on the same line of credit agreement, claiming the bank had engaged in fraud and breach of contract. The trial court granted the bank’s motion for summary judgment and dismissed the 2014 complaint, and the couple appealed. We affirm the trial court’s judgment, finding (1) the couple waived their breach of contract claim by failing to assert it as a compulsory counterclaim in the 2010 litigation and (2) the couple’s fraud claims are barred by the statute of limitations. |
Coffee | Court of Appeals | |
Gerald A. Sanford v. Tennessee Department Of Correction Et Al.
An inmate housed in a private prison filed a complaint naming several defendants including the Tennessee Department of Correction, the owner of the prison, and the owner’s employees. The complaint alleged several causes of action, including various violations of his constitutional rights, defamation, and breach of contract. All defendants filed motions to dismiss averring that the inmate failed to state any claims for which relief could be granted, and that the inmate failed to comply with the procedural requirements applicable to inmates bringing civil claims in forma pauperis. We affirm as modified. |
Wayne | Court of Appeals | |
In Re Estate Of Louis Dell'Aquila
The dispositive issue on appeal is whether the Probate Court of Davidson County, Tennessee has subject matter jurisdiction over the decedent’s estate. The decedent resided in Pennsylvania most of his life. Three weeks before his death, the decedent moved into an assisted living facility in Nashville, Tennessee to be near one of his sons. Shortly following his death, the son who was nominated to be the executor filed a Petition for Letters Testamentary in Davidson County Probate Court. The decedent’s daughter from Pennsylvania contested the court’s jurisdiction, arguing the decedent was domiciled in Pennsylvania at the time of death. Following a four-day evidentiary hearing on the issue of domicile, the probate court determined the decedent was domiciled in Tennessee and admitted the will to probate. Because the evidence preponderates in favor of the trial court’s determination that the decedent was domiciled in Tennessee, we affirm. |
Davidson | Court of Appeals | |
Kim Renae Nelson v. Loring E. Justice
A mother filed a complaint seeking to establish paternity. After years of litigation, the trial court established paternity and designated mother as the primary residential parent. The trial court determined that the father engaged in conduct that necessitated limiting his residential parenting time with the child. As a result, the trial court fashioned a residential parenting schedule that severely restricted the father’s parenting time, and the father appealed. We affirm the trial court’s judgment in all respects. |
Roane | Court of Appeals | |
Melo Enterprises, LLC ET Al. v. D1 Sports Holdings, LLC - Concurring
I concur in the opinion of the Court. I write separately to address the appealability of an order compelling arbitration. |
Williamson | Court of Appeals | |
In Re Mickeal Z. Et Al.
This is a termination of parental rights case. The trial court found that the proof supported three grounds for termination as to both parents: substantial noncompliance with the permanency plan requirements pursuant to Tennessee Code Annotated section 36-1-113(g)(2), persistence of conditions pursuant to Tennessee Code Annotated section 36-1-113(g)(3), and failure to manifest an ability to parent pursuant to Tennessee Code Annotated section 36-1-113(g)(14). The court further found that the termination of both parents’ parental rights was in the children’s best interests. Having reviewed the record on appeal, we affirm the trial court’s finding that the proof supported the substantial noncompliance ground as to Mother, reverse its finding that the proof supported the substantial noncompliance ground as to Father, vacate the other grounds for termination against both Mother and Father based upon insufficient findings by the trial court, affirm the trial court’s finding that termination of Mother’s parental rights is in the children’s best interests, and remand the case for further proceedings consistent with our direction in this Opinion. |
Claiborne | Court of Appeals | |
Dialysis Clinic, Inc. v. Kevin Medley, Et Al
In this interlocutory appeal, we address whether the attorney-client privilege protects communications between a corporation’s legal counsel and a third-party nonemployee of the corporation. After acquiring four commercial properties, a corporation filed unlawful detainer actions against the properties’ tenants. The tenants subpoenaed documents from a property management company hired by the corporation to manage its properties. The corporation and the property management company objected to producing documents containing communications between the corporation’s legal counsel and the property management company, arguing that the attorney-client privilege protected the documents. The trial court held that the documents were protected because the attorney-client privilege extended to the property management company as an agent of the corporation. We hold that the attorney-client privilege applies to communications between an entity’s legal counsel and a third-party nonemployee of the entity if the nonemployee is the functional equivalent of the entity’s employee and when the communications relate to the subject matter of legal counsel’s representation of the entity and the communications were made with the intention that they would be kept confidential. Applying this framework, we hold that the property management company was the functional equivalent of an employee of the corporation, that the communications related to the subject matter of counsel’s representation of the corporation, and that the communications were made with the intention that they would be kept confidential. We affirm the ruling of the trial court and remand to the trial court for further proceedings. |
Davidson | Supreme Court | |
Melo Enterprises, LLC ET Al. v. D1 Sports Holdings, LLC
This appeal follows the trial court’s denial of a motion to compel arbitration as to a claim for fraudulent inducement. For the reasons stated herein, namely that there was no agreement to arbitrate such a claim, we affirm. |
Williamson | Court of Appeals | |
Kim Renae Nelson v. Loring E. Justice
After entering an order granting Mother sole residential custody and providing Father restricted parenting time, the trial court awarded Mother discretionary costs in the amount of $45,238.85. Father appeals the trial court’s award of discretionary costs. Because Father failed to prove that the trial court abused its discretion, we affirm the award of discretionary costs. |
Roane | Court of Appeals | |
Charles Pennington v. State of Tennessee
Petitioner, Charles Pennington, appeals the denial of his petition for post-conviction relief from his convictions for first degree felony murder and attempted especially aggravated robbery. On appeal, Petitioner asserts that he received ineffective assistance of counsel due to trial counsel’s failure to investigate and present a defense regarding the victim’s ownership of the gun and failure to |
Shelby | Court of Criminal Appeals | |
Earl Vantrease v. CoreCivic, et al.
Earl Vantrease and Justin Howell, both of whom are inmates at Whiteville Correctional Facility, filed a complaint against several defendants alleging various claims, including the failure to provide a diet program that comports with the plaintiffs’ religious beliefs. Mr. Vantrease filed an affidavit of inability to pay costs and statutorily mandated accompanying documents. See Tenn. Code Ann. § 41-21-801, et seq. Defendants filed a motion to dismiss arguing that Mr. Vantrease failed to include all required information in his accompanying documents. The trial court agreed; it entered an order dismissing the complaint for failure to comply with Tenn. Code Ann. § 41-21-805. Mr. Vantrease appeals. We affirm the trial court’s dismissal of the complaint without prejudice. |
Hardeman | Court of Appeals | |
East Tennessee Pilot's Club, Inc. v. Knox County Tennessee, Et Al.
After a state administrative law judge concluded the proper tax classification for the property owned and operated by a private pilot’s club in 2010 and 2011 to be “farm property,” the county property assessor reclassified it in 2013 as split property, commercial and farm. The club paid its 2013 to 2016 taxes “under protest” and filed consolidated complaints in chancery court, seeking a refund under Tennessee Code Annotated section 67-5-901. The club argued that the chancery court had jurisdiction over its claim because purely legal issues were involved and the doctrines of res judicata and/or collateral estoppel prevented such reclassification. Upon determining that it lacked subject matter jurisdiction, the trial court granted the government’s motion to dismiss. We affirm. |
Knox | Court of Appeals | |
State of Tennessee v. Jayme Lynn Shaffer
The Defendant, Jayme Lynn Shaffer, pleaded guilty to two counts of theft of property valued at more than $1,000 with an agreed effective sentence of three years. The parties agreed to allow the trial court to determine the manner of service of her sentence and whether she was entitled to judicial diversion. After the hearing, the trial court denied the Defendant’s request for judicial diversion but granted her request for a probationary sentence. On appeal, the Defendant contends that the trial court erred when it denied her request for judicial diversion. After review, we affirm the trial court’s judgments. |
Knox | Court of Criminal Appeals | |
In Re Jeffery D.
Father appeals the trial court’s decision to terminate his parental rights on the grounds of abandonment by failure to visit and abandonment by wanton disregard for the welfare of the child as well as the court’s best interest determination. Because we find clear and convincing evidence supports the trial court’s decisions regarding both grounds for termination and the best interest of the child, we affirm the judgment of the trial court. |
Lewis | Court of Appeals | |
Gerald Stanley Green v. Board of Professional Responsibility Of The Supreme Court Of Tennessee
This direct appeal involves a lawyer disciplinary proceeding against a Memphis attorney arising from two client complaints and the lawyer’s failure to satisfy fully Mississippi’s requirements for pro hac vice admission before representing a criminal defendant in Mississippi. A Hearing Panel of the Board of Professional Responsibility (“Hearing Panel”) determined that the lawyer had violated four provisions of the Tennessee Rules of Professional Conduct (“RPC”). After consulting the ABA Standards for Imposing Lawyer Sanctions (“ABA Standards”) and considering the mitigating and aggravating circumstances, including the lawyer’s seventeen prior disciplinary sanctions, the Hearing Panel suspended the lawyer for six months and directed thirty days of the sanction to be served on active suspension with the remainder to be served on probation with conditions, including a practice monitor, restitution, and continuing legal education focused on law office management, client communication, and client relations. The lawyer appealed the Hearing Panel’s judgment, and the Chancery Court for Shelby County affirmed. The lawyer then appealed to this Court. After carefully reviewing the record, we affirm. |
Shelby | Supreme Court | |
Antonio Howard v. State of Tennessee
The Petitioner, Antonio Howard, filed a petition for post-conviction relief, alleging, among other things, that trial counsel was ineffective for failing to file a timely motion for new trial. After a review of the record, we hold that the Petitioner’s trial counsel was deficient in this regard and that the Petitioner was presumptively prejudiced by the deficiency. Therefore, we reverse the judgment of the post-conviction court denying the petition and remand this case with instructions to that court that it grant the Petitioner a delayed appeal, beginning with the right to file a delayed motion for new trial. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Nehemiah Rimmer
The Appellant, Nehemiah Rimmer, was convicted in the Shelby County Criminal Court of rape of a child, a Class A felony, and received a twenty-year sentence to be served at one hundred percent. On appeal, he contends that the trial court erred by denying his motion to suppress his confession, that the trial court erred by allowing the victim’s and her mother’s out-of-court statements to be read to the jury, and that the evidence is insufficient to support the conviction. Based upon the record and the parties’ briefs, we discern no reversible error and affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Byron L. Jackson, Jr. v. Jay Howard Crippen, et al.
At an earlier time, Byron L. Jackson, Jr. (plaintiff) and defendant Jay Howard Crippen operated a company named Swiss Technologies, Inc. There were disagreements. The parties engaged in mediation. Following mediation, the parties, including Swiss, entered into a three year consulting agreement for Jackson pursuant to which he was to be paid $30,000 annually, “less the cost of health and related insurance.” The contract provides that plaintiff “shall be entitled to health and related insurance . . . on the same term as other employees of [Swiss].” The parties stipulated that every other employee paid no more than one-half the cost of their health insurance, and employer paid the other half. Defendants Crippen and Swiss (collectively defendants) deducted the full amount of health insurance premiums from plaintiff’s pay. Plaintiff brought this action for breach of contract. The trial court held that the contract was unambiguous, and that it required defendants to pay one-half of plaintiff’s health care insurance costs. We affirm. |
Knox | Court of Appeals | |
Wendy Sterling Weinert, et al. v. City of Sevierville, Tennessee
Wendy Sterling Weinert, a former City of Sevierville police officer, brought this retaliatory discharge action against her former employer pursuant to the Tennessee Public Protection Act (TPPA), Tenn. Code Ann. § 50-1-304 (Supp. 2018). She alleged that she was discharged solely because of her whistleblowing activities of reporting an alleged incident of excessive force and alleged sexual harassment by other officers. The trial court granted summary judgment, holding that plaintiff could not establish that her termination was solely caused because of her whistleblowing activities, as required by the TPPA. We affirm. |
Sevier | Court of Appeals | |
Jill Smothers Lucchesi v. Eugene Anthony Lucchesi
In this divorce proceeding, the Husband appeals the trial court’s reliance on certain evidence in valuing the marital assets, the classification and valuation of specific assets, and failure to recuse itself. Wife appeals the award to her of alimony in solido as being insufficient. After a thorough review of the record, we affirm the court’s classification and valuation of the marital assets, with the exception of one, which we vacate and remand for further consideration; we reject Husband’s argument that the court should have recused itself. We modify the award of alimony and remand the case for the court to consider whether an additional award of alimony is appropriate. |
Shelby | Court of Appeals | |
State of Tennessee v. Abbie Leann Welch - concurring in part and dissenting in part
I write separately in this case to note my concerns and to reiterate that “burglary is a serious offense with serious consequences. . . . [It] is no petty crime.” State v. Office of the Public Defender ex rel. Muqqddin, 285 P.3d 622, 636 (N.M. 2012). The facts are simple and not in dispute. The Defendant, who previously had been banned from a retail store, entered the same retail store and shoplifted several clothing items valued under $100. Minutes later, the Defendant’s friends returned the stolen items in exchange for a store gift card or credit. This factual scenario is ordinarily prosecuted as a criminal trespass and shoplifting/theft, both misdemeanor offenses with a penalty of no more than eleven months and twenty-nine days. See, e.g., State v. Constance Elaine Archer, No. M2012-00154-CCA-R3-CD, 2012 WL 5188079, at *1 (Tenn. Crim. App. Oct. 19, 2012). Remarkably, the Defendant here was charged with and convicted of theft by shoplifting as described above and burglary, a felony with a penalty of two to twelve years imprisonment. |
Knox | Court of Criminal Appeals |