Joe Mitchell v. State of Tennessee
Joe Mitchell (“Mitchell”) appeals the July 22, 2016 order of the Claims Commission for the Middle Division (“the Claims Commission”) granting summary judgment to the State of Tennessee (“the State”) on Mitchell’s claim for negligence. We find and hold that the State made a properly supported motion for summary judgment negating an essential element of Mitchell’s claim, i.e., injury or loss, and that Mitchell failed to produce evidence showing a genuine disputed issue of material fact. We, therefore, affirm the grant of summary judgment. |
Court of Appeals | ||
Michael Lee Givens v. Tristine Ann Givens
Michael Lee Givens (“Husband”) sued Tristine Ann Givens (“Wife”) for divorce. The case was tried, and the Circuit Court for Hamilton County (“the Trial Court”) entered its order on January 12, 2016, inter alia, granting a divorce and distributing the marital property. Wife appeals raising issues regarding the classification and distribution of the marital property. We find and hold that the Trial Court erred in categorizing the real property located on Taggart Drive (“Taggart”) as Husband’s separate property. We, therefore, modify the categorization of Taggart to reflect that Taggart is marital property and remand this case for an equitable distribution of the marital estate taking Taggart into account as a marital asset. We affirm the remainder of the Trial Court’s judgment. |
Hamilton | Court of Appeals | |
Terrence McDonald v. State of Tennessee
The Petitioner, Terrence McDonald, was convicted of four counts of aggravated rape and one count of reckless endangerment. He appeals the post-conviction court’s denial of relief and argues that trial counsel provided ineffective assistance of counsel. Upon our review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Jonathan David Patterson
This is a matter that involves cross appeals. Defendant, Jonathan David Patterson, entered an open guilty plea to multiple offenses in four separate cases. After a sentencing hearing, the trial court sentenced Defendant to an effective sentence of thirty-one years. Defendant filed a notice of appeal. Subsequently, Defendant also filed a motion for reduction of his sentence under Tennessee Rule of Criminal Procedure 35. The trial court granted the motion, reducing Defendant’s effective sentence to eighteen years. The State appealed the reduction of Defendant’s sentence. The appeals were consolidated by this Court. After a review, we determine that the trial court abused its discretion in granting relief under Tennessee Rule of Criminal Procedure 35 because Defendant did not present post-sentencing information or developments that warranted an alteration in the interest of justice. Accordingly, the judgments of the trial court as to the Rule 35 motion are reversed and remanded. Additionally, we determine that the trial court did not abuse its discretion in its original sentencing decision imposing an effective thirty-one-year sentence and that Defendant failed to show he was entitled to plain error relief as a result of an alleged breach of the plea agreement by the State. On remand, the trial court should reinstate the original judgments and sentences. The trial court shall also enter a judgment form for Count Thirty-seven of case number 2015-CR-731. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Jonathan David Patterson - Concurring
I concur in the majority opinion in this case. I write separately to express a policy reason for affirming the trial court’s original sentence. |
Putnam | Court of Criminal Appeals | |
In Re Gabriella D., Et Al.
The Tennessee Department of Children’s Services (“DCS”) removed three children from the custody of their parents and placed them with foster parents in March 2012 because one of the children, an infant, was severely malnourished. By July 2012, the children’s mother was cooperating with DCS and complying with a permanency plan that set the goal for the children as reunification with their mother or another relative. The mother continued to comply with the permanency plan for the next sixteen months that the children were in foster care. On the day the children were scheduled to begin a trial home visit with the mother, July 31, 2013, the foster parents filed a petition in circuit court seeking to terminate the mother’s parental rights and to adopt the children. After the foster parents filed their petition in circuit court, the juvenile court, which had maintained jurisdiction over the dependency and neglect proceeding, ordered DCS to place the children with the mother for the trial home visit. The circuit court trial on the foster parents’ petition did not occur until September 2015. By that time, the children had resided with the mother on a trial basis for two years without incident. The mother, DCS, and the guardian ad litem appointed by the juvenile court in the dependency and neglect proceeding opposed the foster parents’ petition. The foster parents and a guardian ad litem appointed by the circuit court sought termination of the mother’s parental rights. After the multi-day trial, the trial court dismissed the petition, finding that the foster parents had proven a ground for termination by clear and convincing proof but had failed to establish by clear and convincing proof that termination is in the children’s best interests. The foster parents appealed, and the Court of Appeals reversed. We granted the mother’s application for permission to appeal and now reverse the judgment of the Court of Appeals and reinstate the trial court’s judgment dismissing the foster parents’ petition. We conclude that the trial court correctly determined that the proof does not amount to clear and convincing evidence that termination of the mother’s parental rights is in the children’s best interests. |
Hamilton | Supreme Court | |
Mark Stephen Foster v. Jonathan Lebo, Warden
Pro se petitioner, Mark Foster, appeals from the Lauderdale County Circuit Court’s summary dismissal of his petition for habeas corpus relief. Relying on Anthony D. Byers v. State, the petitioner argues in this appeal that his convictions for possession of a firearm during the commission of a dangerous felony are illegal and in direct contravention of Tennessee Code Annotated section 39-17-1324(c). No. W2011-00473-CCA-R3-PC, 2012 WL 938976, at *8 (Tenn. Crim. App. Mar. 15, 2012) perm. app. denied (Aug. 15, 2012). Upon our review, we affirm the judgment of the habeas corpus court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Calandra Clark
A Madison County jury convicted the Defendant, Calandra Clark, of identity theft, forgery, driving on a revoked license, and violation of the seat belt law. The Defendant pled guilty to an additional count of driving on a revoked license as a prior offender, and the trial court imposed an effective sentence of four years. On appeal, the Defendant argues that the evidence is insufficient to sustain her convictions for identity theft and forgery and that her sentence is improper. Upon review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
Shayla Nicole Purifoy v. Devine Mafa
After a lengthy hearing, the trial court granted an order of protection to the appellee based upon its finding that the appellant was stalking and harassing her. The trial court denied the appellant’s counter-petition for an order of protection. The appellant raises ten issues on appeal. For the following reasons, we affirm and remand for further proceedings. |
Shelby | Court of Appeals | |
Heather Kailoni Lawson (Stewart) v. Michael Sherman Stewart
This is a post-divorce proceeding commenced by Mother to modify an existing permanent parenting plan. The trial court entered a default judgment, and then, without conducting an evidentiary hearing, adopted the parenting plan attached to Mother’s petition, decreased Father’s visitation time, and increased his monthly child support obligation. Father filed a motion to set aside the default judgment, which the trial court treated as a motion to alter or amend the judgment, and denied the motion. Father timely appealed. Because the trial court’s order does not contain sufficient findings regarding the modification, we vacate the judgment and remand for further proceedings consistent with this Opinion. |
White | Court of Appeals | |
Annie Davis, et al. v. Grange Mutual Casualty Group, et al.
This case involves the interplay between the statute of limitations, Rule 3 of the Tennessee Rules of Civil Procedure, and Tennessee Code Annotated section 56-7-1206(d), allowing direct actions against uninsured motorist insurance carriers. The trial court granted the defendant uninsured motorist insurance carrier’s motion to dismiss. Discerning no error, we affirm. |
Davidson | Court of Appeals | |
Fredrick Sledge v. Tennessee Department of Correction, et al.
Appellant, an inmate in the custody of Appellee Tennessee Department of Correction, appeals the trial court’s dismissal of his petition for declaratory judgment. Specifically, Appellant challenges the Tennessee Department of Correction’s calculation of his jail credit on his criminal sentence. We conclude that the calculation of Appellant’s jail credit comports with the judgment of the criminal court. Affirmed and remanded. |
Davidson | Court of Appeals | |
In Re Estate of Ruby C. Roggli, et al.
Decedent’s nephews by marriage filed a petition seeking to recognize and establish a copy of a lost will as Decedent’s last will and testament. The trial court determined that the will was still in existence at the time Decedent lost testamentary capacity, and that Decedent did not have exclusive access and control of her will. Appellants appeal the trial court’s order establishing the lost will. Discerning no error, we affirm. |
Franklin | Court of Appeals | |
In Re Hailey C., et al.
This is an appeal of the termination of a father’s parental rights to his two minor daughters. The father is currently serving a thirty-four year prison sentence for criminal acts committed against his daughters. The children’s mother filed a petition to terminate the father’s rights to the children. Following a bench trial, the court below held that statutory grounds existed to terminate the father’s parental rights and that it was in the children’s best interest to do so. We affirm. |
Davidson | Court of Appeals | |
Nancy Youngblood Ex Rel. Estate of Daniel Vaughn v. River Park Hospital, LLC
On July 11, 2015, Daniel Vaughn, an 86-year-old patient, was recovering from surgery in the intensive care unit of the defendant River Park Hospital. A nurse brought Mr. Vaughn some coffee, after which she left the room. He spilled the coffee on himself, suffering burns to his body. Nancy Youngblood, the executor of Mr. Vaughn’s estate, brought this action alleging that, given his condition, he “should not have been left alone to manage an extremely hot beverage.” River Park, arguing that her claim is a health care liability action subject to the Tennessee Health Care Liability Act (THCLA), Tenn. Code Ann. § 29-26-101 et seq. (2012 & Supp. 2017), moved to dismiss based on plaintiff’s failure to provide pre-suit notice and a certificate of good faith as required by the THCLA. Plaintiff argued that her claim does not fall within the definition of a “health care liability action.” The trial court disagreed and dismissed her action. We hold that the trial court correctly held her claim to be a health care liability complaint. Accordingly, we affirm. |
Warren | Court of Appeals | |
Curtis Wren v. State of Tennessee
Petitioner, Curtis Wren, filed a petition for post-conviction relief and a motion to correct an illegal sentence. The post-conviction court summarily dismissed the pleading, finding that the petition for post-conviction relief was untimely, that the petition failed to allege a sufficient factual basis for a motion to reopen prior post-conviction proceedings, and that the petition failed to state a colorable claim of an illegal sentence. On appeal, Petitioner only challenges the dismissal of his petition for post-conviction relief. Upon our review of the record, we determine that this is Petitioner’s second such petition and that dismissal was proper on that ground. Thus, we affirm the judgment of the postconviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Christopher King Knight
A Hardin County jury convicted the Defendant, Christopher Knight, of second degree murder, and the trial court sentenced him to twenty-two years in confinement. In this appeal, the Defendant contends that: (1) the trial court failed to excuse a juror for cause when the juror had extrajudicial information about the Defendant; (2) the trial court failed to perform its role as the thirteenth juror; and (3) the evidence is insufficient to support his conviction. After review, we affirm the trial court’s judgment. |
Hardin | Court of Criminal Appeals | |
In Re L.M.H., et al.
In this termination of parental rights case, the Department of Children’s Services filed a petition to terminate the parental rights of J.M.F. (father) with respect to L.M.H. and K.K.F. (the children). DCS alleged the following grounds for termination: (1) persistence of conditions; and (2) substantial noncompliance with the permanency plan. DCS also sought to terminate father’s rights with respect to L.M.H. on the ground of severe child abuse. The trial court entered an order finding clear and convincing evidence supporting each ground for termination. By the same quantum of proof, the trial court found that termination of father’s rights is in the best interest of the children. Father appeals. We affirm. |
Knox | Court of Appeals | |
State of Tennessee v. Clarence Eric Norris
The Defendant, Clarence Eric Norris, appeals the trial court’s ordering him to serve the remainder of his eight-year sentence in confinement after finding that he violated the terms of his community corrections sentence. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Daniel T. Maupin
The Defendant, Daniel T. Maupin, was convicted by a Dickson County Circuit Court jury of criminally negligent homicide, a Class E felony, and driving under the influence (“DUI”), a Class A misdemeanor. He was sentenced to consecutive terms of two years for the criminally negligent homicide conviction and eleven months and twenty-nine days, suspended after service of six months, for the DUI. On appeal, the Defendant argues that the trial court erred: (1) by not declaring a mistrial after a prospective juror made a statement about drug impairment; (2) by not having the jurors put their questions in writing during the deliberations and not reducing supplemental jury instructions to writing; and (3) by denying judicial diversion. After review, we affirm the judgments of the trial court. However, we notice that the judgment in Count 2 and the transcript from the sentencing hearing indicate that restitution was reserved. Therefore, we remand for a restitution hearing or entry of a corrected judgment in Count 2 indicating the agreed-upon restitution. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Douglas Arthur Vincent
The defendant, Douglas Arthur Vincent, appeals his Sequatchie County Circuit Court guilty-pleaded conviction of rape, claiming only that the trial court erred by imposing the maximum available sentence. Discerning no error, we affirm. |
Sequatchie | Court of Criminal Appeals | |
State of Tennessee v. Arthur Jay Hirsch
The defendant, Arthur Jay Hirsch, appeals his Lawrence County Circuit Court jury convictions of driving on a suspended license, unlawfully carrying a weapon with the intent to go armed, and violating both the vehicle registration and financial responsibility laws, claiming that the statute proscribing the unlawful carrying of a weapon is unconstitutional, that the rulings of the trial court evinced a bias against him and resulted in a violation of due process principles, and that the trial court lacked subject matter jurisdiction. Discerning no error, we affirm. |
Lawrence | Court of Criminal Appeals | |
In Re Grace N.
This appeal stems from a juvenile court proceeding in Davidson County. Mother challenges the entered parenting schedule and raises a number of issues pertaining to the trial court’s child support calculations. For the reasons expressed herein, we affirm in part, reverse in part, vacate in part and remand for further proceedings consistent with this Opinion. |
Davidson | Court of Appeals | |
Claudale Renaldo Armstrong v. State of Tennessee
The Petitioner, Claudale Renaldo Armstrong, appeals the post-conviction court’s denial of his petition for post-conviction relief in which he challenged his conviction for the sale of 0.5 grams or more of a Schedule II Controlled Substance, his conviction for the sale of less than 0.5 grams of a Schedule II Controlled Substance, and his effective sentence of twenty-six years in the Department of Correction. On appeal, the Petitioner contends that trial counsel rendered ineffective assistance by failing to file a motion seeking recusal of the trial judge after the Petitioner filed a federal lawsuit and complaints with the Board of Professional Responsibility and the Board of Judicial Conduct against the judge. Upon reviewing the record and the applicable law, we affirm the judgment of the postconviction court. |
Franklin | Court of Criminal Appeals | |
In Re Billy T.W. et al.
In this parental termination action, we conclude that the trial court properly found clear and convincing evidence to terminate the rights of the mother and father on the grounds of failure to provide a suitable home, substantial noncompliance with a permanency plan, and persistence of conditions. We conclude that the trial court erred in terminating the father’s rights on the ground of willful failure to visit. Clear and convincing evidence supports the trial court’s determination that termination of parental rights is in the best interest of the children. |
Loudon | Court of Criminal Appeals |